Published by:

Directorate for Investigation and Detective Management

PNP Criminal Investigation Manual

2010

COPYRIGHT PAGE

Revised PNP Criminal Investigation Manual 2010 Copyright 2010. Printed by: PNP
Directorate for Investigation and Detective Management 2010 All rights reserved.
This publication may not be reproduced, in whole or in part, in any form or by any
means electronic or mechanical or by any information storage and retrieval system
now known or hereafter invented, without prior written permission of The Director,
PNP Directorate for Investigation and Detective Management with postal address at
DIDM Office, 2nd Flr., NHQ Bldg., Camp Crame, Quezon City. Telephone Nos. (632)
724-8773; (632) 724-8767. Infringement of the copyright protection law and the
provisions expressed here under Intellectual Property Rights law of the
Philippines.

“A good law without execution is like an unperformed promise.” (V. Taylor)

Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
(Kagawaran ng Interyor at Pamahalaang Lokal) Kamuning, Quezon City

Message

The publication of the revised PNP Criminal Investigation Manual comes at an

opportune time in response to His Excellency President Benigno ‘Noynoy’ Aquino
III’s call to join him to transform our government from one that is self-serving to
one that works for the welfare of our people. With this call, the PNP is mandated
to resolve crimes of violence and give justice to the victims and their families.
This Manual is one of the PNP’s most important tool to raise the competency of our
police investigators, and serves as a ready references and guide in the conduct of
investigation, which is part of the Integrated Transformation Program of the PNP.
Indeed, this will be indispensable in addressing media and militant killings,
disappearances and other crimes in the country. It is my pleasure to assure you
that the Department of Interior and Local Government will continue to support your
undertakings, particularly on your investigative capability enhancement. More
power. Mabuhay kayong lahat!

JESSE M. ROBREDO DILDG Secretary

HEADQUARTERS Philippine National Police OFFICE OF THE CHIEF PNP NHQ PNP Building,
Camp Crame, Quezon City Manila, Philippines

Message
It is with a deep sense of pride and pleasure that I extend my warmest greetings
and congratulations to the officers and personnel of the Directorate for
Investigation and Detective Management for spearheading the revision of the
Criminal Investigation Manual which is part of the “PNP Transformation 2016
Roadmap,” which serves as the blueprint for the PNP Integrated Transformation
Program-Performance Governance System (ITPPGS), a long-term moral recovery plan for
the police force. This improved criminal investigation manual which is anchored on
the full implementation of the capability enhancement program of the PNP will guide
all police officers in comprehending and in carrying out the appropriate mechanics
and procedures in the discharge of their functions. This improvement aims to lay
down all fundamental duties, functions, and basic procedures in a manner easily
understood by every police officer. The publication of this Manual is very timely
in line with the need to ensure that all investigation procedures are in place and
strictly followed by our investigators. Hence, this Manual should be viewed as a
“living document” because criminal investigation supplements may be developed in
the future due to the advancement of technology and, as the country turns another
page in its illustrious history, I have high hopes and optimism that the
realization of achieving the PNP ITG-PGS’s goal such as this publication of equally
important manuals will be implemented with renewed vigor and enthusiasm. On this
note, the PNP expresses its deepest commitment of providing speedy investigation of
any particular crime or incident for the full resolution of a case, giving justice
both to the victims and their family. JESUS JAIME VERZOSA Police Director General
Chief, PNP
HEADQUARTERS Philippine National Police DIRECTORATE FOR INVESTIGATION AND DETECTIVE
MANAGEMENT NHQ PNP Building, Camp Crame, Quezon City Manila, Philippines

Message

For the past years, the Directorate for Investigation and Detective Management
(DIDM) has been at the forefront of providing services to the people and community
not only because it managed to produce policies, guidelines and procedures in both
operational and administrative aspects in the field of investigation but emerged as
one of the PNP’s core players in the solution and investigation of major cases,
giving justice both to the victims and their family. As we all know, actions taken
at the outset of an investigation of any particular crime or incident can play a
pivotal role in the full resolution of a case. The realization of bringing justice
to the victims and their family is only part and parcel of the DIDM’s main goal; it
is putting criminals behind bars and insuring transparent investigation of all
cases being handled by the PNP that defines the existence of DIDM. In further
support of the goals and objectives of the PNP Transformation Program, this
Directorate convened a Technical Working Group (TWG) to review and revise the PNP
Manual on Investigation. This improvement aims to lay down all fundamental duties,
functions, and basic procedures in a manner that will be easily understood by every
police officer. Thus the publication of the Revised PNP Criminal Investigation
Manual is a product of painstaking collaboration of dedicated police officers in
ensuring that proper procedures and mechanisms are in place. It seeks to present
the police officers a comprehensive guide in carrying out the appropriate mechanics
and procedures in the discharge of their functions and responsibilities.

RAUL M. BACALZO, PhD Police Director TDIDM

DIDM COMMAND GROUP AND STAFF:
POLICE DIRECTOR RAUL M BACALZO, Ph.D. – The Director, DIDM PCSUPT ALAN LA MADRID
PURISIMA- Deputy Director, DIDM PSSUPT ALEX PAUL I MONTEAGUDO – Executive Officer,
DIDM PCSUPT YOLANDA G TANIGUE- C, WCPC PSSUPT KEITH ERNALD SIÑGIAN – C, SIDD PSSUPT
JOSE M VICTOR F RAMOS- C, RAD PSSUPT RICARDO DC ZAPATA JR- C, CMD PSUPT JOSELITO T
NICODEMUS – C, SIDD/ITD PSUPT NICERIO D OBAOB – C, PCID PSUPT SOFRONIO O BUMALAY-
C, NPTFPSSS PSUPT JOHN D LUGLUG -C, BFO PSUPT TELLIO C NGIS-O- C, ADMIN PSUPT
FERDINAND M GARAY – Deputy Chief, ITD PSUPT MA LEONORA C CAMARAO – Deputy Chief,
SIDD PSUPT ISAGANI AGUAS - PCID PCINSP HENRY Q LIBAY -C, TF USIG PCINSP BETHZAIDA R
ABALOS PSINP EDMUND A BAYLE – LS-DIDM/TFUSIG PSINSP RONALD ALMEROL – TF USIG NUP
Myla B Dy

CMD STAFF:
PSUPT MARIANO C RODRIGUEZ PCINSP JOSEPH M PERDIDO PCINSP ERNESTO M LACANIENTA JR
PCINSP MAYRA M TULAUAN PO3 Wilfredo Oriel PO3 Soraida Singh PO3 Rolyn Dumaguing PO2
Angelie Calano PO2 Bernard Tuppal PO1 Rosario Valverde PO1 Maricel Pinugu NUP
Nympha R Relox NUP Teofilo P Valoria NUP Nelia D Lacuna CIV Presentacion A
Mallillin
TECHNICAL WORKING GROUP
---------------------------------------------------------------------GENERAL
INVESTIGATIVE PROCEDURES AND TECHNIQUES:
PSSUPT ALFRED T CORPUS PSUPT NESTOR ABALOS – C, DIDMD, QCPD PSUPT JAMES J AFALLA –
C, DIDMD, MPD PSUPT ELWIN FERNANDEZ - C, DIDMD, SPD PSUPT ROLANDO R VILAR - C,
DIDMD, EPD PSUPT RWIN SA PAGKALINAWAN - C, DIDMD, NPD

SPECIAL INVESTIGATION:
PSUPT FE C RAGA – DIPOL SL PCINSP ALFREDO B OPRIASA – WCPC, DIDM PCINSP FELICISIMA
C BUCO – C, WCPD, QCPD PCINSP EMMA D TRINIDAD – CIDG PINSP MA LUZ B DELA CRUZ – C,
WCPD, SPD PINSP ZHIRLINDA D WORLEY – C, WCPD, MPD

NARCOTICS CONTROL AND INVESTIGATION:

PSSUPT EDUARDO ACIERTO – AIDSOTF PCINSP DWIGHT D MONATO - AIDSOTF PCINSP ISMAEL G
FAJARDO – AIDSOTF ATTY ROQUE A MERDEGIA JR - AIDSOTF

HOMICIDE (GENERIC) INVESTIGATION:

PSUPT JEMAR D MODEQUILLO - NCRPO PSINSP JEOFFREY N BACANI – SPD PSINSP VICTOR
NIPARANUM- MPD SPO1 GEMINER C TINGNE – EPD

INVESTIGATION OF KIDNAPPING FOR RANSOM:

PSUPT RONALD LEE – PACER PCINSP JOEL LAPAZ - PACER PSINSP ROY MICHAEL MALIXI -
PACER PSINSP ROSSEL SEJAS - PACER

INVESTIGATION OF CASES OF FALSIFICATION INTELLECTUAL PROPERTY RIGHTS (IPR), ESTAFA,

BOUNCING CHECKS AND BANK FRAUD INVESTIGATION PASSPORT AND VISA RACKET
INVESTIGATION:
PSSUPT JOEL ORDUÑA-CIDG PSUPT RONALDO OLAY - CIDG PSINSP ERNESTO PADILLA – CIDG
PSINSP RENANTE LAMBOJO – CIDG PSINSP VOLTAIRE RIVERA - CIDG
ARSON INVESTIGATION:
FSINSP ROMEO A PEPITO JR - BFP FSINSP ANTHONY F FIGURASIN- BFP

INVESTIGATION OF BOMBINGS:
PSUPT GUILLERMO DANIPOG – IG PSUPT IRENE RIGONAN - IG PCINSP SYLVERIO G DOLLESIN
-IG SPO3 Lauro A Delen – IG

ROBBERY:
PSUPT LEO M FRANCISCO - C, RPIOU, NCRPO PSUPT FRANCISCO DUMO – EPD PCINSP JEROME
BALBONTIN - NPD PCINSP ALLAN UMIPIG – SPD

ROBBERY AND THEFT:

PSSUPT ERICKSON VELASQUEZ PSINSP FERNANDO CUNANAN - CIDG PSINSP MONICO CADAYONA -
CIDG PINSP ROMEO PARAÑAL – CIDG

CARNAPPING:
PSUPT JOSE MACANAS-HPG PSUPT JOEL DIMAANO - HPG PCINSP REYNALDO MANLONGAT - HPG
PSINSP EDWIN ROMERO – HPG

FAKE OVERSEAS EMPLOYMENT PROBLEMS:

PSSUPT GILBERT SOSA-CIDG PSUPT BERNARD YANG - CIDG PSINSP TEDDY TOMAS – CIDG

DISASTERS-IDENTIFICATIONS PROBLEMS:
PSSUPT PEDRO CABATINGAN-MG PSUPT BERLITO PAREDES – MG PCINSP ZANDRO JAY C TAFALLA -
ASG PSINSP BIENVENIDO FLORES – ASG SPO3 Jerome Cause – ASG SPO1 Noli Balatico – MG
PO2 Sunny Longboy - ASG
ORGANIZED CRIMES:
PSSUPT ELISEO RASCO-CIDG PCINSP LUCRECIO RODRIGUEZA – CIDG PCINSP JAY DIMAANDAL –
CIDG PINSP ROMEO LANZARROTE – CIDG

SELECTED SUPREME COURT RULINGS, DOCTRINES AND JURISPRUDENCE:

PSSUPT JULIO CHAVEZ – LS PSUPT ORLANDO MELCHOR-LS PSUPT VALENTIN BRIONES-LS PCINSP
ARLENE AGTAY-LS

PANEL:
PCSUPT REYNALDO S RAFAL PSSUPT JULIO CHAVEZ – LS PSUPT ALSELMO ANDUYAN,
Inspectorate, LS PSUPT ALFREDO S PAJE, Office of the Director, DO PSUPT VOLTAIRE C
RAMOS, LO, LAD, LS PSSUPT LORLIE N ARROYO PSUPT EMMA I GALERO
PNP Criminal Investigation Manual

2010

ACKNOWLEDGEMENTS

The revision of the existing criminal investigation manual requires patience and
collective efforts to make it more responsive to the needs of the field
investigators and demands of the ever-changing nature of the crime situation in the
country. This Revised PNP Criminal Investigation Manual would not have been made
possible without the leadership of my Command Group and staff headed by PCSUPT ALAN
LM PURISIMA, the Deputy Director and PSSUPT ALEX PAUL I MONTEAGUDO, the Executive
Officer of this Directorate, who provided the much needed direction and guidance in
the consolidation of all the necessary materials and the final crafting of this
Manual. Also, the revision of this manual would not be made possible without the
assistance of PSUPT (ATTY) MA LEONORA C CAMARAO and PSUPT (ATTY) ISAGANI S AGUAS of
this Directorate, and MS. PATRICIA CANTERO for painstakingly taking their time to
proofread this Manual. It is also noteworthy to mention the assistance and support
extended by the members of the Technical Working Group composed of PNP Officers and
their respective staff in the crafting of this Manual as well as the support
provided by our working partner, the European Union-Philippine Justice Support
Program (EPJUST), particularly Mr Detlev Mehlis, Team Leader, EPJUST and Mr. Bo
Astrom, Senior Police Key Expert.
PNP Criminal Investigation Manual

2010

TABLE OF CONTENTS

MESSAGES ACKNOWLEDGEMENT TABLE OF CONTENTS INTRODUCTION DEFINITION OF TERMS CHAPTER

I – GENERAL PRINCIPLES OF INVESTIGATION 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Definition
of Investigation Protocols in Investigation Tools of an Investigator in Gathering
Facts Phases of Investigation Standard Methods of Recording Investigative Data
Crime Scene Processing Investigator’s Notebook Common Investigation Oversights

i ii iii xix xx

1-1 1-1 1-6 1-7 1-7 1-8 1-8 1-8

CHAPTER II - GENERAL INVESTIGATIVE PROCEDURES 2.1 2.2 2.2.1 2.2.2 2.2.3 2.2.4 2.2.5
2.2.6 2.2.7 2.2.8 2.2.9 Purpose Procedures Upon Receipt of Call/Walk-in Complaints
Procedure at the Crime Scene Investigation Procedure at the Crime Scene Methods of
Crime Scene Search Procedures on Taking Photographs Procedures on Taking a Sketch
Procedures on Lifting Fingerprints SOCO Assistance Release of Crime Scene 2-1 2-1
2-3 2-3 2-8 2-10 2-10 2-12 2-13 2-14

CHAPTER III - CRIMES PUNISHABLE BY REVISED PENAL CODE 3.1 3.1.1 3.1.2 CRIMES
AGAINST THE FUNDAMENTAL LAWS OF THE STATE Arbitrary Detention RA 7438 - Rights of
the Person Under Custodial Investigation

3.1 3-2

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3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 3.1.8 3.1.9 3.2 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6
3.2.7 3.2.8 3.2.9 3.2.10 3.2.11 3.2.12 3.2.13 3.3 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5
3.3.6 3.4 3.5 3.5.1 3.5.2 3.6 3.6.1

Delaying Release Expulsion Violation of Domicile Search Warrant Maliciously

Obtained and Abuse in The Service of those Legally Obtained Searching Domicile
Without Witness Prohibition, Interruption and Dissolution of Peaceful Meetings
Crimes against Religious Worship CRIMES AGAINST PUBLIC ORDER Rebellion Coup D’Etat
Sedition and Conspiracy to Commit Sedition Inciting to Commit Sedition Crimes
Against Popular Representation Illegal Assemblies Direct Assault Indirect Assault
Resistance and Serious Disobedience Public Disorders Unlawful Use or Means of
Publication and Unlawful Utterance Alarms and Scandal Evasion of Service of
Sentence CRIMES AGAINST PUBLIC INTEREST Falsification of Documents Investigation of
Cases of Falsification Usurpation of Authority or Official Functions Perjury (False
Testimony) Fraud Intellectual Property Rights CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS CRIMES AGAINST PUBLIC MORALS Gambling and Betting Offenses against
Decency and Good Customs CRIMES COMMITTED BY PUBLIC OFFICERS Dereliction of Duty

3-2 3-3 3-3 3-4 3-6 3-7 3-7 3-8 3-8 3-9 3-10 3-11 3-12 3-13 3-14 3-15 3-17 3-17 3-
17 3-18 3-19 3-20 3-20 3-21 3-25 3-26 3-26 3-27 3-31 3-31 3-31 3-31 3-32

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3.6.2 3.6.3 3.6.4 3.6.5 3.6.6 3.6.7 3.6.8 3.6.9 3.6.10 3.6.11 3.6.12 3.6.13 3.6.14
3.6.15 3.6.16 3.6.17 3.6.18 3.6.19 3.6.20 3.6.21 3.6.22 3.6.23 3.6.24 3.7 3.7.1
3.7.2 3.7.3 3.7.4 3.7.5 3.7.6 3.7.7 3.7.8 3.7.9 3.7.10 3.7.11 3.7.12 3.7.13 3.7.14
3.7.15

Direct Bribery Indirect Bribery Qualified Bribery Corruption of Public Officers

Anti-Graft and Corrupt Practices Act Fraud and Illegal Exactions and Transactions
Other Frauds Prohibited Transactions Possession of Prohibited Interest by a Public
Officer Malversation of Public Funds or Property Infidelity of Public Officers
Removal, Concealment, Destruction of Document Revelation of Secrets Open
Disobedience Refusal of Assistance Refusal to Discharge Elective Duties
Maltreatment of Prisoner Abandonment of Office/Position Usurpation of Judicial
Function Disobeying Request for Disqualification Orders or Request by Executive
Officers to any Judicial Authority Unlawful Appointment Abuses Against Chastity
CRIMES AGAINST PERSONS Parricide Death or Physical Injuries Under Exceptional
Circumstance Murder Homicide Death Cause of Injuries Inflicted in a Tumultuous
Affray Giving Assistance to Suicide Infanticide Abortion Homicide (Generic)
Investigation Challenging to a Duel Mutilation Serious Physical Injuries
Administering Injuries Substances Less Serious Physical Injuries Slight Physical
Injuries and Maltreatment

3-32 3-33 3-34 3-35 3-35 3-37 3-38 3-38 3-39 3-40 3-41 3-42 3-43 3-43 3-44 3-45 3-
45 3-46 3-46 3-47 3-48 3-49 3-49 3-50 3-50 3-51 3-52 3-53 3-54 3-54 3-55 3-56 3-57
3-65 3-65 3-66 3-67 3-68 3-68

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3.7.16 3.8 3.8.1 3.8.2 3.8.3 3.8.4 3.8.5 3.8.6 3.8.7 3.8.8 3.8.9 3.9 3.9.1 3.9.2
3.9.3 3.9.4 3.9.5 3.9.6 3.9.7 3.9.8 3.9.9 3.9.10 3.9.11 3.10 3.10.1 3.10.2 3.10.3
3.10.4 3.10.5 3.10.6 3.10.7 3.10.8 3.10.9

Rape CRIMES AGAINST LIBERTY Kidnapping and Serious Illegal Detention Investigation
Procedures on Kidnap for Ransom Incidents Slight Illegal Detention Unlawful Arrest
Kidnapping and Failure to Return Minor Inducing a Minor to Abandon Home Slavery
Exploitation of Child Labor Service Rendered Under Compulsion in Payment of Debt
CRIMES AGAINST SECURITY Abandonment of Persons in Danger and Abandonment of One’s
Victim Abandonment of a Minor Abandonment of a Minor by a Person Entrusted with his
Custody; Indifference of Parents Exploitation of a Minor Qualified Trespass Other
Forms of Trespass Grave Threats Light Threats Other Light Threats Grave Coercion
Light Coercion CRIMES AGAINST PROPERTY Robbery Robbery in an Inhabited House or
Edifice for Worship and Private Building Brigandage Theft (Hurto) Usurpation
Culpable Insolvency Estafa Making or Drawing and issuance of a Without Sufficient
Funds or Credit Estafa and Bouncing Checks Investigation

3-71 3-71 3-71 3-73 3-81 3-82 3-82 3-83 3-84 3-84 3-85 3-86 3-87 3-88 3-88 3-88 3-
90 3-90 3-91 3-92 3-92 3-93 3-93 3-94 3-95 3-96 3-97 3-97 3-98 3-99 3-99 3-100 3-
103

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3.10.10 3.10.11 3.10.12 3.10.13 3.10.14 3.10.15 3.10.16 3.10.17

3.10.18 3.10.19 3.10.20 3.10.21 3.10.22 3.10.23 3.11 3.11.1 3.11.2 3.11.3 3.11.4
3.11.5 3.11.6 3.11.7 3.11.8 3.11.9 3.11.10 3.12 3.12.1 3.12.2 3.12.3 3.12.4 3.12.5
3.12.6 3.13

Estafa Through Issuance of Postdating of Check Without Funds The Bouncing Check Law
(Batas Pambansa Blg 22) Preliminary Steps Case Folder: Estafa Procedures in
Handling Cases of Bouncing Checks (Batas Pambansa Blg. 22) Case Folder: Bouncing
Checks Altering the Substance, Quantity or Quality of Things
Misappropriating/Converting Money or Goods Received in Trust or Commission or for
Administrative or Under Any other Obligation to deliver or Return Taking Undue
Advantage of the Signature of the Offended Party in Blank Other Forms of Swindling
Swindling a Minor Other Deceits Arson Arson Investigation CRIMES AGAINST CHASTITY
Adultery Concubinage Acts of Lasciviousness Acts of Lasciviousness with the Consent
of the Offended Party Qualified Seduction Simple Seduction White Slave Trade
Forcible Abduction Consented Abduction Investigation of Cases Involving Women and
Children CRIMES AGAINST THE CIVIL STATUS OF PERSONS Simulation of Births Usurpation
of Child Status Bigamy Marriage Contract Against Provisions of Law Premature
Marriage Performance of Illegal Marriage Ceremony CRIMES AGAINST HONOR

3-103 3-104 3-104 3-105 3-106 3-106 3-107

3-108 3-108 3-108 3-110 3-111 3-111 3-112 3-125 3-125 3-125 3-126 3-127 3-127 3-129
3-129 3-130 3-131 3-131 3-166 3-166 3-166 3-167 3-168 3-168 3-169 3-170

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3.13.1 3.13.2 3.13.3 3.13.4 3.13.5 3.13.6 3.13.7 3.14 3.14.1. 3.14.2 3.14.3 3.14.4
3.14.5 3.14.6

Libel Threatening to Publish and Offer to Prevent Such Publication for Compensation
Slander Slander by Deed Libelous Remarks Incriminatory Machinations Intriguing
Against Honor QUASI OFFENSES (CRIMINAL NEGLIGENCE) Rule 1 General Guidelines in the
Conduct of Disaster Investigation Rule II: Investigative Procedures for Waterborne
Disaster Incidents Rule III: Investigative Procedures for Earthquakes, Landslides
and Volcanic Eruptions Rule IV: Investigative Procedures for Aviation Disaster/
Accident Rule V: Investigation Procedure for Land Transportation (MRT – Railroad
Collision) Resulting in Disaster Rule VI: Procedure in the Investigation of
Chemical, Biological, Radiological and Nuclear (CBRN) Terrorism

3-170 3-171 3-171 3-172 3-172 3-173 3-174 3-174 3-176 3-176 3-178 3-179 3-181 3-183

CHAPTER IV – BASIC CRIMINAL PROCEDURES 4.1 4.2 4.3 4.4 4.5 4.6 ARREST RAID SEARCH
SEIZURE INQUEST REGULAR OR DIRECT FILING OF CASE 4-1 4-9 4-12 4-17 4-18 4-27

CHAPTER V – CRIMES PUNISHABLE UNDER SPECIAL LAWS 5.1 5.2 5.2.1 5.2.2 COMPREHENSIVE
DANGEROUS DRUG ACT OF 2002 DRUGS INVESTIGATION (VIOLATION OF COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002) Coordination Requirements Authority to Operate 5-1 5-2
5-2 5-3

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5.2.3 5.2.4 5.2.5 5.2.6 5.2.7 5.2.8 5.3 5.4 5.5 5.5.1

Investigation of Cases Involving Planned Operations Clandestine Laboratory and

Storage Facility Financial Investigation Investigation of Cases Involving Unplanned
Operations DOJ Department Circular No.1 (Resolutions a Quo of cases covered by
automatic review) DOJ Department Circular No.2-A In a relation to DOJ department
Circular No. 46 ILLEGAL/UNLAWFUL POSSESSION OF FIREARMS ILLEGAL/UNLAWFUL POSSESSION
OF EXPLOSIVES AND INCENDIARY DEVICES INVESTIGATION OF BOMBINGS Specific
Investigative Procedures: A General Procedure Upon Receipt of Explosive-Related
Incident such as Discovery of IED/Explosive Materials, Bomb Threats And Explosion
During Verification of the Incident by the First Responder/s or Investigators For
Bomb Threats For Found Unexploded Explosive Item/s For Exploded Item Specific
Investigation Procedures General Guidelines ELECTRONIC COMMERCE ACT PROCEDURES IN
HANDLING OF COMPUTER/ CYBER CRIME CASES Legal Basis Purpose Scope of Application
Definition of Terms (Based on Webster Computer Dictionary New Revised Edition)
Policy Guidelines of Command Procedures ACCESS DEVICES REGULATION ACT OF 1998
CREDIT CARD FRAUD INVESTIGATIONS (VIOLATION OF RA 8484)

5-3 5-11 5-12 5-13 5-14 5-14 5-15 5-16 5-16

5-18 5-19 5-19 5-19 5-21 5-22 5-31 5-34 5-35 5-35 5-35 5-35 5-36 5-37 5-37 5-48 5-
51

5.5.2 5.5.3 5.5.4 5.5.5 5.5.6 5.5.7 5.6 5.7 5.7.1 5.7.2 5.7.3 5.7.4 5.7.5 5.7.6 5.8
5.9

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5.9.1 5.9.2 5.9.3 5.9.4 5.9.5 5.9.6 5.9.7 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17
5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25

Account Take Over Steps in Investigating (ATO) Card Steps in Investigating

Fraudulently Applied Card Filing of the Case (The Documents Needed can be Secured
from the Complainant) Steps in Investigating Counterfeit Cards Lost/Stolen Credit
Card Steps in Investigating Manufacturing of Credit Cards SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT ANTI-CHILD PORNOGRAPHY
ACT OF 2009 JUVENILE JUSTICE AND WELFARE ACT OF 2006 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004 ANTI-SEXUAL HARASSMENT ACT OF 1995 ANTI-TRAFFICKING
IN PERSONS ACT OF 2003 ECONOMIC SABOTAGE IN RELATION TO ILLEGAL RECRUITMENT FAKE
OVERSEAS EMPLOYMENT PROBLEMS (ILLEGAL RECRUITMENT & HUMAN TRAFFICKING) OPTICAL
MEDIA ACT OF 2003 ANTI-CARNAPPING ACT OF 1972 ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY
LAW OF 1974 AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION ANTI-
ELECTRICITY AND ELECTRIC TRANSMISSION LINES/MATERIALS PILFERAGE ACT OF 1994 ANTI-
CATTLE RUSTLING LAW OF 1974 THE PHILIPPINE FISHERIES CODE OF 1998 ANTI-FENCING LAW
OF 1972

5-51 5-51 5-53 5-54 5-55 5-56 5-58 5-60 5-63 5-64 5-65 5-68 5-69 5-71 5-72 5-78 5-
79 5-80 5-81 5-82 5-83 5-84 5-86

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5.26 5.27 5.28

CHAIN SAW ACT OF 2002 HUMAN SECURITY ACT OF 2007 PHILIPPINE ACT ON CRIMES AGAINST
INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY ANTI-
HAZING ACT ANTI-TORTURE ACT OF 2009 URBAN DEVELOPMENT AND HOUSING ACT OF 1992
PHILIPPINE PASSPORT ACT OF 1996 PASSPORT/VISA RACKET INVESTIGATION

5-87 5-88

5-90 5-95 5-96 5-97 5-99 5-101

5.29 5.30 5.31 5.32 5.33

CHAPTER VI – TERRORISM AND ORGANIZED CRIMES 6.1 6.2 6.3 6.4 FORMS OF TERRORISM
TACTICS/METHODS OF ATTACK 6-1

CRIMINAL CHARGES AND PENAL PROVISIONS FOR ACTS ACTS OF TERRORISM 6-2 ESSENTIAL
CHARACTERISTICS OF A TERRORIST ACT SPECIFIC INVESTIGATIVE PROCEDURES 6-2 6-4

CHAPTER VII – SELECTED COURT RULING AND JURISPRUDENCE 7.1 7.2 7.3 7.4 7.5 7.6 7.7
7.8 7.9 PROBABLE CAUSE PARTICULARITY OF DESCRIPTION WARRANTLESS ARREST UNDER RULE
112 EXCLUSIONARY RULE PERSON PROTECTED RIGHT TO COUNSEL COERCED CONFESSION OR
ADMISSION RIGHT TO BAIL WARRANTLESS ARRESTS 7-1 7-1 7-1 7-2 7-2 7-4 7-4 7-5 7-6

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7.10

WARRANTLESS SEARCHES

7-7

CHAPTER VIII – REPORT FORMATS AND OTHER FORMS 8.1 8.2 8.3 8.4 BASIC INVESTIGATION
REPORTS INVESTIGATION FORMATS FORENSIC REQUEST FORMATS LEGAL FORMS 8-1 8-6 8-54 8-
77

GLOSSARY INDEX

“He who exercises no forethoughts but makes light of his opponents is sure to be
captured by them.” (Sun Tzu)
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INTRODUCTION

The Directorate for Investigation and Detective Management headed by POLICE

DIRECTOR RAUL M BACALZO relentlessly pursued the revision of the existing
investigation manual in order to provide the PNP field investigators a ready
reference, and to keep the field investigators abreast with current laws,
procedures and jurisprudence. Further, crime prevention is now the call of the
times, thus, an increase in the number of crimes that have been prevented from
occurring with the use of proactive investigative techniques would make for a more
impressive record for the PNP. The timely revision of this Manual therefore
manifests the PNP’s commitment of providing the investigators the much-needed
guidance in the conduct of their investigation which is primarily anchored on the
current program thrust of the PNP, the “Transformation 2016 Roadmap”. This Manual
is a comprehensive but simplified compilation of all penal laws being enforced by
the PNP as well as the procedures in the conduct of investigation. The highlights
of this Manual are featured in the eight chapters and its sub-sections, covering
the rules and policies to be followed by the investigators beginning with Chapter I
which provides an overview of the General Principles of the Investigation while the
General Investigative Procedures are discussed in Chapter II. On the other hand,
Chapter III presents Crimes Punishable under the Revised Penal Code; Chapter IV
covers the Basic Criminal Procedure; Chapter V acquaints the investigators with
Crimes Punishable under Special Laws; Chapter VI provides an overview of Terrorism
and Organized Crimes; Chapter VII presents selected Court Rulings and
Jurisprudence; and lastly, Chapter VIII provides guidance to the investigators on
Report Formats and other forms of investigative reporting. Additionally, this
Manual contains supplemental sections such as the Definition of terms as
operationally defined in the discussion, a Glossary Index, and the basic evidence
requirements in filing of criminal formats, legal charges in court.

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DEFINITION OF TERMS

ABDUCTION – The elements constituting the crime of abduction are: (1) the person
kidnapped must be a woman. It is immaterial if she is a widow, a married woman, or
virgin, as all three classes are comprised within the generic term of “woman.” (2)
The crime must be committed against her will. (3) It must be committed with
unchaste designs, that is, with the intention of lying with the woman. ABDUCTION
WITH CONSENT – Elements. The essential elements of abduction with consent are (1)
The taking away of a maiden over 12 and below 18 years of age; (2) the girl shall
have consented to being taken away; and (3) the act shall have been committed with
lewd designs. ABORTION PRACTICED BY WOMAN HERSELF OR BY HER PARENTS – Any woman
herself and parents who shall commit this offense to conceal her dishonor. ABORTION
PRACTICE BY PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVE – Any physician,
midwife who, taking advantage of their scientific or skill, shall cause an
abortion. (Under Art 259, RPC) ABSOLUTE CLAIM – A claim which is subject to no
contingency and may be proved and allowed as a debt by a tribunal, or committee on
claims. ABUSE OF CONFIDENCE – Only the abuse of confidence that facilitates the
lustful purpose of rape is the kind of abuse of confidence that aggravates the
responsibility of the offender. ABUSE OF RIGHTS – A principle in Civil Law, which
holds that indemnity for damages, may be granted in cases where there is an abuse
of rights. A person should be protected only when he acts in the legitimate
exercise of his right, that is, when he acts with prudence and in good faith; but
not when he acts with negligence or abuse. Such principle is found in the Chapter
on Human Relations in the Civil Code. Through the principle in Art.19, Civil Code,
he incurs in liability who, acting under the aegis of a legal right and an
apparently valid exercise of the same, oversteps the bounds or, limitations imposed
on the right by equity and good faith thereby causing damage to another or to
society.

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The abusive act is simply that which, performed in accordance with a subjective
right whose limits have been respected, is nevertheless contrary to the right
considered in general and as the sum total of all obligatory laws. There is abuse
of right when the right is exercised with the end of damaging another as well as
when damage results when the legitimate motive and normal end of the right is
violated as in the case of an abnormal exercise of the right. If the purpose is
evil or not serious or legitimate, or the manner of exercise of the right is
abnormal and damage is caused to another, then there is an abuse of right for which
damages are recoverable. ACCESSORY – The accessory of an automobile is any article
designed to be used in connection with such vehicle to add to its utility or
ornamentation and which is primarily adapted for such use whether or not essential
to the operation of the vehicle. ACCESSORY AFTER FACT – Elements. Under Art.19 (1),
Rev. Penal code, they are: 1) the accused must not have participated in the
criminal design nor cooperated in the commission of the felony; 2) He must have
knowledge of the commission of the crime; and 3) he must have profited from the
effects of the crime. ACCOMPLICE – One who is concerned in the commission of a
crime. In its fullness, the term “accomplice” includes in its meaning all persons
who have been concerned in the commission of a crime, all participes criminis,
whether they are considered in strict legal propriety as principals in the first or
second degree or merely as accessories before or after the fact. In general, the
word “accomplice” should be rendered into Spanish by the use of some such as
“participante en el delito.” ACCOUNTABLE PUBLIC OFFICER – A public officer who has
been duly entrusted with government funds or property. ACQUITTAL – One is acquitted
if, after he has been arraigned and trial has been begun, upon a valid indictment
or information, he is discharged by a competent court. ACT – Certiorari. The act
contemplated in the law on certiorari is one which creates some sort of status,
i.e., determinative of a certain legal right. A merely threatened act, or an act
which is preliminary and does not determine a legal right, cannot be reviewed in a
certiorari proceeding. ACT OF LASCIVIOUSNESS – All acts of lewdness committed upon
a person of either sex, short of lying with a woman and anything leading up to it.
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What constitutes lewd or lascivious conduct must be determined from the

circumstances of each case. ADMISSION – The term “admission” embraces any statement
of fact made by a party which is against his interest or unfavorable to the
conclusion for which he contends or inconsistent with the facts alleged by him.
ADULTERY – A crime committed by a married woman who has sexual intercourse with a
man not her husband and by the man who has carnal knowledge of her, knowing her to
be married, even if the marriage be subsequently declared void. AFFIDAVIT - Summary
judgment. The kind of affidavit necessary to support a summary judgment is that
affidavit from which it may be clearly drawn that certain facts pleaded by either
party are certain, undisputed and indubitable which dispense with the hearing or
trial of the case. AFTER OPERATION REPORT – It is a report that may be rendered
after any successful police operation that leads to the arrest of any member or
some members of syndicated crime group. AFTER SOCO REPORT – It is a report rendered
by the Team Leader of the SOCO that conducted the scene of the crime operations,
processing or investigation. AGENT – A person who binds himself to render some
service or to do something in representation or on behalf of another, with the
consent or authority of the latter. AGENT OF PERSON IN AUTHORITY – Any person who
by direct provision of law or by election or by appointment by competent authority,
is charged with the maintenance of public order and the protection and security of
life and property. Any person who comes to the aid of persons in authority. AGENT’S
REPORT – It is a report rendered by a documented agent who answers an intelligence
requirement. AGREEMENT – Proposal. A proposal remains an offer even if not answered
and irrespective of the length of time that has passed. It only becomes an
agreement when accepted by the other party. The only exception is where there is a
duty on the part of the other party to answer, and hence silence is implied assent.
AIRCRAFT ACCIDENT – It refers to an occurrence associated with the operation of an
aircraft which takes place between the times any person boards xxii
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the aircraft with the intention of flight until such time as all such persons have
disembarked, in which: (1) Any person suffers death or serious injury as a result
of being in or upon the aircraft or by direct contact with the aircraft of anything
attached thereto; or (2) The aircraft receives substantial damage. ALIBI – To
establish alibi, a defendant must not only show that he was present at some other
place at about the time of the alleged crime, but also that he was at such other
place for so long a time that it was impossible for him to have been at the place
where the crime was committed, either before, during, or after the time he was at
such other place. ALLEGED – The word “alleged” or “allegedly” connotes something
“claimed”. It leaves the truth of the averment an open question. ALTER – To add,
change, substitute or omit something from a pleading or instrument. AMBASSADOR – A
person who have been appointed as chief of mission and have served as Ambassador
Extraordinary and Plenipotentiary. AMEND – To add, change, substitute or omit
something from a pleading or instrument. ANSWER – The word “answer” in Sec. 1 Rule
19, Rules of Court, envisions or includes the affirmative and/or special defenses
and counterclaim contained therein. ANTE MORTEM – Before death. APPEARANCE –
Voluntary submission to a court’s jurisdiction. ARBITRARY – Willful and unreasoning
action, without consideration of and in disregard of the facts and circumstances of
the case. Action is not arbitrary when exercised honestly and upon due
consideration where there is room for two opinions, however much it may be believed
that an erroneous conclusion was reached. ARBITRARY DETENTION – Arbitrary detention
begins not merely from the moment a person is locked up in prison cell but from the
moment such person is xxiii
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deprived of his liberty without legal grounds. And it ends only when such person is
absolutely freed from any restraint on his person. ARREST – It is the taking of a
person into custody in order that he may be bound to answer for the commission of
an offense. ARSON - Is defined as the intentional or malicious destruction of a
property by fire. It is also defined as the criminal burning of property. ASSAULT –
The term “assault” in Sec. 87 (b) (2), Judiciary Act, on the original jurisdiction
of Municipal Courts, means physical injuries. It does not refer to the crime of
direct assault in Art. 148 of the Revised Penal Code. ATTEMPTED BOMBING - Incidents
in which a device designed or purposely made to detonate/ignite fails to function.
Intent of activity is criminal in nature; this also pertains to malfunctioning,
recovered, and/or disarmed devices. ATTEMPT – Intent is a quality of the mind and
implies a purpose only, while attempt implies an effort to carry that purpose into
execution. AUTHORITY – A person or persons, or a body, exercising power or command;
for those upon whom the people have conferred authority. BAIL – The word “bail” as
used in the prohibition against excessive bail is inadequately translated by the
word “fianza”, as bail implies a particular kind of bond that is to say, a bond
given to secure the personal liberty of one held in restraint upon a criminal or
quasi criminal charge. BAND – A group of more than three armed malefactors who act
together in the commission of an offense. BEAT PATROL – The deployment of officers
in a given community, area or locality to prevent and deter criminal activity and
to provide day-to-day services to the community. BEST EVIDENCE – Evidence which
suffices for the proof of particular fact. That evidence which, under every
possible circumstance, affords the greatest certainty of the fact in question and
in itself, does not indicate the existence of other and better proof. BEST EVIDENCE
RULE – A well-known rule of law that a witness cannot be permitted to give oral
testimony as to the contents of a paper writing which can be produced in court.
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BIASED WITNESS – A witness who tends to exaggerate. Although he may be honest, he

cannot, while human nature remains uncharged, overcome the tendency to distort,
magnify or even minimize as his interest persuades, the incidents which he relates.
BIGAMY – A crime committed by a person who contracts a second or subsequent
marriage before the former marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead by means of a judgment rendered
in the proper proceedings. BOMBING - Any incident which uses a device constructed
with criminal intent and using high explosives, low explosives, or blasting agents
explodes. This term also refers to incidents where premature detonation occurs
during preparation, transportation, or placement of a constructed device. BOMB
THREAT – An information or warning, written or oral, claiming knowledge that a
dangerous device, such as a bomb or similar type of explosives, has been or will be
placed in a building, aircraft, sea craft or other facilities with the intent to
harm people and destroy properties. BOOK OF ACCOUNT – A book containing charges and
showing a continuous dealing with persons generally. To be admissible as evidence,
it must be kept as an account book and the charges made in the usual course of
business. BRIBERY – Bribery and robbery have little in common as regards their
essential elements. In the former, the transaction is mutual and voluntary. In the
latter case, the transaction is neither mutual nor voluntary but is consummated by
the use of force or intimidation. BURDEN OF PROOF – is employed to signify the duty
of proving the facts in dispute on an issue raised between the parties in a cause.
The burden of proof always lies on the party who takes the affirmative in pleading.
In criminal cases, as every man is presumed to be innocent until the contrary is
proved, the burden of proof rests on the prosecutor, unless a different provision
is expressly made by statute. CADAVER - A corpse or a dead body. CADAVER TAG - An
identification tag attached to the cadaver containing tag number, name (if
identified), date/time & place of recovery, date/time/type/place of incident,
gender, other pertinent information, and name of investigator. The tag shall be
made using suitable materials which can be used of in all types of weather. xxv
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CALAMITY - An event that brings terrible loss, lasting distress, or severe

affliction. CALL SLIP – A debt and credit ticker authorizing the Central Bank to
pay a certain bank chargeable against the account of another bank CARNAPPING - 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. CASE OFFICER – The person responsible for and in charge of
the investigation of a case. CASE OPERATIONAL PLAN (COPLAN) – A definite target-
specific activity conducted in relation to an intelligence project under which it
is affected. Several case operations may fall under one intelligence project.
Refers to a preparatory plan on how to carry out a case operation which is the last
resort to pursue intelligence objectives when normal police operations fail.
CASHIER’S CHECK - Form of check where the bank is the payer of the funds (sometimes
called as teller’s check, treasure checks, official check and manager’s check).
CAUSE OF ACTION – A cause of action is the act or omission by which a party
violates a right of another (Sec 2, Rule 2 of the Rules of Court). The term “cause
of action” has two elements: 1) the right of plaintiff, and 2) the violation of
such right by the defendant. CAUSE OF DEATH – A declaration of by what means and by
whom the declarant was injured is within the purview of the term “the cause of the
declarant’s death” in a dying declaration. CERTAINTY OF GUILT – Absolute certainty
of guilt is not demanded by the law to convict one of any criminal charge but moral
certainty is required, and this certainty is required as to every proposition of
proof requisite to constitute the offense. CERTIORARI – The extra-ordinary remedy
to correct an actuation of a judge who has acted without jurisdiction, in excess of
jurisdiction or clearly in grave abuse of discretion, and not to correct errors of
procedures and/or mistakes in the judge’s findings or conclusions. CHILD – Shall
refer to a person below eighteen (18) years of age or one over said age and who,
upon evaluation of a qualified physician, psychologist or xxvi
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psychiatrist, is found to be incapable of taking care of himself fully because of a

physical or mental disability or condition or of protecting himself from abuse.
CHILD ABUSE – Refers to the infliction of physical or psychological injury, cruelty
to or neglect, sexual abuse or exploitation of a child. CHILD TRAFFICKING – The
recruitment, transportation, transfer, harboring or receipt of a child purpose of
exploitation. CIRCUMSTANTIAL EVIDENCE – Evidence of circumstances which are strong
enough to cast suspicion upon the defendant and which are sufficiently strong to
overcome the presumption of innocence, and to exclude every hypothesis except that
of the guilt of the defendant. CLERK OF COURT – An officer of a court of justice
who has charge of the clerical part of its business, who keeps its record and seal,
issues process, enters judgment and orders, gives certified copies from the records
and the like. While the clerk of court belongs to the judicial as distinguished
from the executive or legislative branch of government, his office is essentially a
ministerial one. COMMAND POST/HOLDING AREA - Area where case conferences, briefings
and debriefings are being conducted by the responding agencies. COMMISSION AGENT –
One specially employed to receive goods from a principal and to sell them for a
compensation called “factorage” or “commission”. COMPETENT EVIENCE – One that is
not excluded by law in a particular case. COMPLAINT – A concise statement of the
ultimate facts constituting the plaintiff’s cause or causes of action. COMPLAINANT
– A party or person who makes a complaint or file a formal charge in the court of
law. COMPLEX CRIME – A single act which constitutes two or more grave or less grave
felonies, or an offense which is a necessary means for committing the order.
CONDUCTION - Heat transfer to another body or within a body by direct contact.
CONFESSION – It is an express acknowledgment by the accused in a criminal
prosecution of the truth of his guilt as to the offense charged, while xxvii
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admission refers to statements of fact not directly constituting an acknowledgment

of guilt. CONJUGAL PARTNERSHIP – A relationship established during the marriage of
man and woman by virtue of which they place the fruits of their separate property
and their earnings and divide, share and share alike, upon the dissolution of the
union, the benefits indiscriminately obtained by either of them during the
marriage. CONJUGAL PARTNERSHIP OF GAINS – That by means of which the husband and
wife place in a common fund the fruits of their separate property and the income
from their work or industry, and divide equally, upon the dissolution of the
marriage or of the partnership, the net gains or benefits obtained indiscriminately
by either spouse during the marriage. CONSPIRACY – It exists when two or more
persons come to an agreement concerning the commission of a felony and decide to
commit it. CONSTRUCTIVE DELIVERY – A general term comprehending all those acts
which, although not conferring physical possession of the thing, have been held by
construction of law equivalent to acts of real delivery, as for example, the giving
of the key to the house, as constructive delivery of the house from the vendor to
the vendee. CONSTRUCTIVE POSSESSION – The possession and cultivation of a portion
of a tract under claim of ownership of all is a constructive possession of all, if
the remainder is not in the adverse possession of another. CONTEMPT – In its broad
sense, contempt constitutes a disobedience to the court by acting in opposition to
its authority, justice and dignity. In its restricted and more usual sense,
contempt comprehends a despising of the authority, justice or dignity of a court.
CONTEMPT OF COURT – Contempt of court in general must be some act or conduct which
tends to interfere with the business of the court, by a refusal to obey some lawful
order of the court, or some act of disrespect to the dignity of the court which in
some way tends to interfere with or hamper the orderly proceedings of the court and
thus to lessen the general efficiency of the same. In re: Jones, 9 Phil. 355.
CONTINUING OFFENSE – A crime in which some acts material and essential thereto
occur in one province and some in another. For example: the crimes of estafa or
malversation, and of abduction. In such a case the court of xxviii
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either province where any of the essential ingredients of the offense took place
has jurisdiction to try the case. CONTRABAND – A generic term covering all goods
exported from or imported into the country contrary to applicable statutes.
CONSOLIDATION AREA - An area designated by higher authorities as processing area
for recovered cadavers from the disaster scene. It is usually a centralized morgue,
manned by Disaster Identification Teams (DITs) composed of experts in forensic
identifications e.g. DNAs, dental, medical and fingerprint identification.
CONVECTION - Heat transfer by circulation within a medium, such as gas or liquid.
COORDINATION REPORT – A report which is used as a means of formal coordination to
be made by the investigating agency with the police unit or military unit having
operational jurisdiction over the place where a police case operation shall be
conducted. COPYRIGHT- An exclusive right granted or conferred by the government on
the creator of a work to exclude others from reproducing it, adapting it,
distributing it to the public, performing it in public, or displaying it in public.
Copyright does not protect an abstract idea; it protects only the concrete form of
expression in a work. To be valid, a copyrighted work must have originality and
possess a modicum of creativity. CORPUS DELICTI – Latin for the “body of the crime”
It is the legal term used to describe/physical/or material evidence that a crime
has been committed such as the corpse of a murder victim or the cleaned of a
torched building. It is used to refer to the underlying principle that, without
evidence of a crime having been committed, it would be unjust to convict someone.
CORROBORATIVE EVIDENCE – Additional evidence of a different kind and character
tending to prove the same point. CORRUPTION OF PUBLIC OFFICIALS – Elements. The
elements of the crime of corruption of a public official by means of bribery are;
1) the person receiving the bribe is a public officer, as defined in Art. 203, RPC;
2) Said officer shall have actually received, either personally or through another,
gifts or presents, or accepted offers or promises; 3) Such reception or acceptance
shall have been for the purpose of executing an act, which may or may not be
accomplished, but not constituting a crime; and 4) the person offering the gift or
making the promises shall be a private individual. xxix
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COUNTERFEITING - The act of producing or selling a product containing a sham mark

that is an intentional and calculated reproduction of the genuine mark, a
“counterfeit mark” is identical to or substantially indistinguishable from the
genuine mark. Often, counterfeit goods are made to imitate a popular product in all
details of construction and appearance, so as to deceive customers into thinking
that they are purchasing the genuine merchandise. COURIER – The person delivering
any ransom or other item demanded by the offender; CRIME SCENE – A venue or place
where the alleged crime/incident/event has been committed. CRIMINAL INVESTIGATION –
It is the collection of facts in order to accomplish the three-fold aims – to
identify the guilty party; to locate the guilty party; and to provide evidence of
his (suspect) guilt. CRIMINAL INVESTIGATOR – A public safety officer who is tasked
to conduct the investigation of all criminal cases as provided for and embodied
under the Revised Penal Code/Criminal Laws and Special Laws which are criminal in
nature. A well-trained, disciplined and experienced professional in the field of
criminal investigation duties and responsibilities. CRIMINAL JURISDICTION – The
authority to hear and try a particular offense and impose the punishment for it.
CRIMINAL LAW – One that defines crime, treats of their nature and provides for
their punishment. Punishment, in this sense, refers strictly to the penalty
imposed. CRIMINAL LIABILITY – Requisites. Under Art.4 par. 1 RPC, a person may be
held criminally liable even if the injurious result be greater than that intended,
provided these requisites concur: 1) an intentional felony has been committed; and
2) the wrong done to the victim be the direct, natural, and logical consequence of
the felony committed. CRIMINAL NEGLIGENCE – It consists in the failure to take such
precautions or advance measures in the performance of an act as the most common
prudence would suggest, whereby injury is caused to persons or to property. CROSS-
EXAMINATION – It is the most potent weapon known to law for separating falsehood
from truth, hearsay from actual knowledge, things imaginary xxx
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from things real, opinion from fact, and inference from recollection, and for
testing the intelligence, fairness, memory, truthfulness, accuracy, honesty and
power of observation of the witness. CRUELTY – Refers to any act by word or deed
which debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being. Discipline administered by a parent or legal guardian to a child does
not constitute physical or psychological injury as defined herein. CUSTODIAL
INVESTIGATION – Investigation conducted by law enforcement officers after a person
has been arrested or deprived of his freedom of action. It includes invitation to a
person who is being investigated in connection with an offense. CUSTODIA LEGIS – A
thing is in “custodia legis” when it is shown that it has been and is subjected to
the official custody of a judicial executive officer in pursuance of his execution
of a legal writ. DEATH CAUSED IN A TUMULTUOUS AFFRAY - When several persons, not
composing groups organized for the common purposes of assaulting and attacking each
other reciprocally, quarrel and assault each other in a confused and tumultuous
manner and in the course of the affray someone is killed and it can not ascertain
who actually killed the deceased but the persons who inflicted serious physical
injuries can be identified, such person shall be punished. DEATH OR PHYSICAL
INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES - Any legally married person who
having caught his spouse in the act of committing sexual intercourse with another,
shall kill any of them or both of them in the act or immediately thereafter, or
shall inflict upon them any serious injuries, shall suffer the penalty of
destierro. DECEDENT – The general term applied to the person whose property is
transmitted through succession, whether or not he left a will. DEMAND DRAFT – A
bank transaction wherein a client of a bank will buy or purchase a demand draft to
be presented to its branch. DILIGENCE OF A GOOD FATHER OF A FAMILY – Used in
reference to person of ordinary or average diligence. To determine that diligence,
we must use as a basis the abstract average standard corresponding to a normal
orderly person. Anyone who uses diligence below this standard is guilty of
negligence. DIRECT/ SUPPORT SERVICE PROVIDER – Any person, whether from the public
or private sector, who provides or assists in the delivery of services that
directly benefit the child victim/ survivor of trafficking. xxxi
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DISASTER - An exceptional, damaging or destructive event which causes serious loss,

destruction, hardship, unhappiness, injuries or deaths. DISASTER SCENE/AREA - A
region or a locale heavily damaged by either natural hazards, such as tornadoes,
hurricanes, tsunamis, floods, earthquakes, technological hazards including nuclear
and radiation accidents, or sociological hazards like riots, terrorism or war. The
populations living there often experience a loss of energy supply, food, services,
and an increasing risk of disease. Declarations of disaster areas open up the
affected areas for national and or international aid. DIVERSION – An alternative,
child-appropriate process of determining the responsibility and treatment of a
child in conflict with the law on the basis of his/her social, cultural, economic,
psychological or educational background, without resorting to formal court
proceedings. DIVERSION PROGRAM – A program that the child in conflict with the law
is required to undergo after he/she is found responsible for an offense without
resorting to formal court proceedings. DOUBLE JEOPARDY – The rule of double
jeopardy means that when a person is charged with an offense and the case is
terminated either by acquittal or conviction or in any other manner without the
consent of the accused, the latter cannot again be charged with the same or
identical offense. This principle is founded upon the law of reason, justice and
conscience. It is embodied in the maxim of the civil law “nom bis in idem”, in the
common law of England, and undoubtedly in every system of jurisprudence, and
instead of having specific origin it simply always existed. It found expression in
the Spanish law and in the Constitution of the United States, and is now embodied
in our own Constitution as one of the fundamental rights of the citizens. DRAGNET
OPERATION – Is a police operation purposely to seal off the probable exit points of
fleeing suspects from the crime scene to prevent their escape. DRAFT – A promissory
note signed by the client of the bank. DUE PROCESS OF LAW – The requirement that no
person shall be held to answer for a criminal offense without “due process of law”
simply requires that the procedures fully protect the life, liberty, and property
of the citizens in the State. DYING DECLARATION – Requisites. In order that a dying
declaration may be admissible, the following requisites must concur; 1) it must
concern the crime xxxii
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involved in and the circumstances surrounding the declarant’s death; 2) at the time
of the declaration, the declarant must be conscious of impending death; 3) the
declarant must be competent as a witness; and 4) the declaration must be offered in
a criminal case for homicide, murder, or parricide in which the declarant was the
victim. ELECTRONIC DATA MESSAGE – Refers to information generated, sent, received
or stored by electronic, optical or similar means, but not limited to, electronic
data interchange (EDI), electronic mail, telegram, telex, or telecopy. Throughout
these Rules, the term “electronic data message” shall be equivalent to and be used
interchangeably with “electronic document.” ELECTRONIC DOCUMENT – Refers to
information or the representation of information, data, figures, symbols or other
modes of written expression, described or however represented, by which a right is
established or an obligation extinguished, or by which a fact be proved and
affirmed, which is received, recorded, transmitted, stored, processed, retrieved or
produced electronically. Throughout these Rules, the term “electronic document”
shall be equivalent to and be used interchangeably with “electronic data message.”
ELECTRONIC SIGNATURE – Refers to any distinctive mark, characteristic and/or sound
in electronic form, representing the identity of a person and attached to or
logically associated with the electronic data message or electronic document or any
methodology or procedures employed or adopted by a person and executed or adopted
by such person with the intention of authenticating or approving an electronic data
message or electronic document. EMBEZZLEMENT – Embezzlement is a purely statutory
offense and may be defined as the fraudulent appropriation to one’s own use of
money or goods entrusted to one’s care by another; the fraudulent appropriation of
property by a person to whom it has been entrusted or into whose hands it has
lawfully come. EMINENT DOMAIN – The right of a government to take and appropriate
private property to public use, whenever the public exigency requires it; which can
be done only on condition of providing a reasonable compensation therefore.
ENTRAPMENT – While instigation exempts, entrapment does not; the difference between
the two being that in entrapment the crime had already been committed while in
instigation the crime was not yet and would not have been committed were it not for
the instigation by the peace officer. EVIDENCE – The means sanctioned by the Rules
of Court, of ascertaining in a judicial proceeding the truth respecting a matter of
fact. These include but are xxxiii
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not limited to documentary, testimonial, electronic and object evidence, gathered

in the course of the investigation. EVIDENT PREMEDITATION – Evident premeditation
involves, in its legal sense, not only a determination to commit the crime prior to
the moment of its execution, but that resolve to carry out the criminal intent must
have been the result of deliberation, calculation or reflection through a period of
time sufficient to dispassionately consider and accept the final consequences
thereof, thus indicating a greater perversity. EX PARTE – Of or from one party;
without notice to the other party. EXPLOITATION – Shall include, at the minimum,
child prostitution, child pornography and other forms of sexual exploitation, child
labor, force labor or services, slavery or practices similar to slavery, servitude,
removal and sale of organs, use in illicit/illegal activities, and participation in
armed conflict. The hiring, employment, persuasion, inducement, or coercion of a
child to perform in obscene exhibitions and indecent shows, whether live or in
video or film or to pose or act as a model in obscene publications or pornographic
materials, or to sell or distribute said materials. EXPLOSIVES – Any chemical
compound, mixture or device, the primary or common purpose of which is to function
by explosion. The term includes, but is not limited to, high explosives, black
powder, pellet powder, initiating explosives, detonators, safety fuses, squibs,
detonating cord, igniter cord and igniter. EXPLOSIVE INCIDENTS – Any explosives-
involved situation that encompasses bombings, incendiary bombings, attempted
bombings, stolen and recovered explosives, threats to government facilities
involving explosives, hoax devices and bomb threats. EXPLOSIVE ORDNANCE DISPOSAL
(EOD) PERSONNEL – Refers to personnel of the Armed Forces of the Philippines (AFP),
Philippine Coast Guard (PCG) and the National Bureau of Investigation (NBI). FAIT
ACCOMPLI – A thing done or accomplished. FEE SIMPLE – Absolute ownership or full
right or proprietorship. FENCING –Is the act of any person who, with intent to gain
for himself or for another, shall buy, receive, posses, keep, acquire, conceal,
sell or dispose of, or shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he knows, or should be known to
him, to have been derived from the proceeds of the crime of robbery or theft. xxxiv
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FIRE ANALYSIS - The process of determining the origin, cause, and responsibility as
well as the failure analysis of fire or explosion. FIRE CAUSE - The circumstances
or agencies that bring a fuel and an ignition source together with proper air or
oxygen. FIRE SPREAD - The movement of fire from one place to another. FIRE SCENE
RECONSTRUCTION – It is the process of recreating the physical scene during the fire
scene analysis through the removal of debris and the replacement of contents or
structural elements in their pre-fire position. FLASH FIRE - A fire that spreads
with extreme rapidity, such as one that races over dust, over the surface of
flammable liquids, or through gases. FIRST RESPONDERS – Are members of the police,
military, fire, medical teams, and other volunteer organizations who are expected
to be the first to respond to calls for assistance in cases of incidents involving
explosives. FORCIBLE ABDUCTION – Under Art 342, RPC, they are 1) the person
abducted has to be a woman, regardless of her age, morality and reputation; 2)
against her will; and 3) with lewd designs. FORUM SHOPPING – The act of filling the
same suit in different courts. It is an act of malpractice that is proscribed and
condemned as trifling with the courts and abusing their processes. It is improper
conduct that tends to degrade the administration of justice. FUEL LOAD - The total
quantity of combustible contents of the building, spaces, or fire area, including
interior finish and trim, expressed in heat units or the equivalent weight in wood.
FUNCTUS OFICIO – Legally defunct. Something which once has had life and power, but
which has become of no virtue whatsoever. GOVERNMENT – Includes the national
government, the local governments, the government-owned and government-controlled
corporations, all other instrumentalities or agencies of the Republic of the
Philippines and their branches. GRAVEMEN – In civil law and as used and understood
in ordinary legal parlance, a lien and /or encumbrance is synonymous with
“gravemen”.

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GRAVE ABUSE OF CONFIDENCE – The term “grave abuse of confidence” in Art 310 of RPC,
on qualified theft, refers to a breach of the high degree of confidence reposed by
the offended party upon the offender by reason of dependence, guardianship, or
vigilance. GRAVE ABUSE OF DISCRETION – Error of judgment. Both differ in that grave
abuse of discretion means capricious and arbitrary exercise of judgment while error
of judgment means the mistakes actually committed in adjudication. HABEAS CORPUS –
The writ of habeas corpus is the means by which judicial inquiry is made into the
alleged encroachments upon the political and natural rights of individuals, such as
restraint of liberty. HIJACKING – A term which immediately conjures the images of a
group of heavily armed and determined men and women holding up an airplane, ship,
bus, van, or other vehicle in order to achieve their nefarious objectives. HIGHWAY
ROBBERY –The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence
against or intimidation of person or force upon thing or other unlawful means,
committed by any person on any Philippine Highway. HOMICIDE - Any person who shall
kill another without the attendance of any of the circumstances enumerated in the
crime of murder. (Under Art 249 RPC) ILLEGAL RECRUITMENT - It is any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring of
workers which includes referring, contract services, promising or advertising for
employment abroad, whether for profit or not, when undertaken by a nonlicense or
nonholder of authority contemplated under this provision. ILLICIT CONSIDERATION –
One which is contrary to law and morals. IN ARTICULO MORTIS – At the point of
death. IN FLAGRANTE DELICTO – In the very act of committing a crime. IN PARI
DELICTO – The principle of “in pari delicto” does not apply to a simulated or
fictitious contact nor to an inexistent contract which is devoid of consideration,
and an illegal purpose cannot supply the want of consideration. INFANTICIDE –The
killing of an infant less than 3 days old. (Under Art 255 RPC)

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INFRINGEMENT – An invasion of one of the exclusive rights of intellectual property.

Infringement of a utility patent involves the making, using, selling, offering to
sell, or importing of a patented product or process without permission.
Infringement of a design patent involves fabrication of a design that, to the
ordinary person, is substantially the same as an existing design, where the
resemblance is intended to induce an individual to purchase one thing supposing it
to be another. Infringement of a trademark consists of the unauthorized use or
imitation of a mark that is the property of another in order to deceive, confuse,
or mislead others. Infringement of a copyright involves reproducing, adapting,
distributing, performing in public, or displaying in public the copyrighted work of
someone else. INITIAL CONTACT WITH THE CHILD – Refers to the apprehension or taking
into custody of a child in conflict with the law, by law enforcement officers or
private citizens. It includes the time when the child alleged to be in conflict
with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised
Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the
same Rule in cases that do not require preliminary investigation or where there is
no necessity to place the child alleged to be in conflict with the law under
immediate custody. INTELLECTUAL PROPERTY- It is the creation of the human mind that
has commercial value and is given the legal aspects of a property right.
Intellectual property is an all-encompassing term now widely used to designate as a
group all of the following fields of law: patent, trademark secret, moral rights,
and the right of publicity. INTENTIONAL ABORTION – Any person who shall
intentionally cause abortion upon a pregnant woman, or if done without violence but
acted with the consent of the woman. INTER-AGENCY COUNCIL AGAINST TRAFFICKING OR
IACAT - Shall refer to the inter-agency body created by Sec. 20 of Republic Act
9208. INTERVENTION – Refers to a series of activities designed to address issues
that cause the child to commit an offense. It may take the form of an
individualized treatment program, which may include counseling, skills training,
education, and other activities that will enhance his/her psychological, emotional
and psycho-social well-being. INVESTIGATION – While instigation exempts, entrapment
does not; the difference between the two beings that in entrapment the crime had
already been committed while in instigation the crime was not yet, and would not
have been, committed were it not for the instigation by the peace officer. xxxvii
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An inquiry, judicial or otherwise, for the discovery and collection of facts

concerning the matter or matters involved. It is the process of inquiring,
eliciting, soliciting and getting vital information/facts/circumstances in order to
establish the truth.

INVESTIGATOR/OFFICER – Shall refer to any law enforcement personnel belonging to

the duly mandated law enforcement agencies (LEA) tasked to enforce Republic Act
9208 such as officers, investigators and agents of the Philippine National Police,
National Bureau of Investigation, Bureau of Immigration. IMPROVISED EXPLOSIVE
DEVICE – A homemade device consisting of explosives/incendiary and firing
components necessary to initiate explosion. INTERIM – Temporary, provisional, of
passing and temporary duration, as opposed to permanent and regular. IPSO FACTO –
By the fact or act itself. JUDICIAL NOTICE – Requisites. Three prerequisites to
judicial notice of any suggested fact have been stated, namely, 1) that it must be
a matter of common and general knowledge, 2) that it must be will and
authoritatively settled, and not doubtful or uncertain, and 3) that it must be
known to be within the limits of the jurisdiction of the court. JURISDICTION – The
word “jurisdiction” as used in the Constitution and statues means jurisdiction over
the subject matter only, unless an exception arises by reasons of its employment in
a broader sense. JURISPRUDENCE – The groundwork of the written law. The science of
law; the particular science of giving a wise interpretation to the laws and making
a just application of them to all cases as they arise. In an untechnical sense, the
term sometimes means Cases Law. LAND TRANSPORTATION DISASTER - Is a land
transportation sector accident, e.g. rail road and motor vehicle accidents causing
serious loss of lives, injuries and damage to properties. LASCIVIOUSNESS – The term
“lasciviousness” in Art 336, RPC comprises all acts of lasciviousness performed
upon a person of either sex, short of lying with a woman and anything leading up to
it, independently of the intention of the wrongdoer.

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LASCIVIOUS CONDUCT – The intentional touching, either directly or through clothing,

of the genitalia, anus, groin, breast, inner thigh or buttocks or the introduction
of any object into the genitalia, anus or mouth, of any person, whether of the same
or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person, whether of the same or opposite sex, with
an intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual
desire of any person, bestiality, masturbation, lascivious exhibition of the
genitals or pubic area of a person; LAST CLEAR CHANCE – A doctrine that a person
who has the last clear chance to void the impending harm and fails to do so is
chargeable with the consequences, without reference to the prior negligence of the
other party. LAW ENFORCEMENT – It involves PNP - initiated projects and activities
geared towards improving the peace and order situation and professionalizing the
people. LEWD – The unlawful indulgence of lust. LICENSE – A permission to use an
intellectual property right, under defined conditions as to time, context, market
line, or territory. In intellectual property law, important distinctions exist
between “exclusive licenses” and “nonexclusive licenses”. An exclusive license does
not necessarily mean that this is the one and only license granted by the licensor.
In giving an exclusive license, the licensor promises that he or she will not grant
other licenses of the same rights within the same scope of field covered by the
exclusive license. However, the owner of rights may grant any number of
nonexclusive licenses of the same rights. In a nonexclusive license, title remains
with the licensor. A patent license is a transfer of rights that does not amount to
an assignment of the patent. A trademark or service mark can be validly licensed
only if the licensor controls the nature and quality of the goods or services sold
by the licensee under the licensed mark. Under copyright law, an exclusive licensee
is the owner of a particular right of copyright, and he or she may sue for
infringement of the licensed right. There is never more than a single copyright in
a work regardless of the owner’s exclusive license of various rights to different
persons. LOCAL INTER-AGENCY COUNCIL AGAINST TRAFFICKING – Shall refer to the local
institutional structure created at the regional, provincial, city and or/ municipal
level to coordinate and monitor the implementation of Republic Act 9208 within
their jurisdiction. MACRO-ETCHING - The examination of the serial number of engine
and chassis of a motor vehicle by a Crime Laboratory Technician by means of
applying xxxix
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chemicals solution on the said serial numbers to determine whether there is

tampering and for possible restoration of the tampered serial numbers. MALA INSE –
A wrong act by its nature punished as felonies under the RPC. Example: murder,
rape, etc. MALA PROHIBITA – A wrong act arising out of doing an act prohibited by
special laws. Example is illegal possession of firearms. MALFEASANCE or MISCONDUCT–
Any wrongful, improper or unlawful conduct motivated by premeditated, obstinate or
intentional purpose. It usually refers to transgression of some established,
obstinate or intentional purpose. It usually refers to transgression of some
established and definite rule of action, where no discretion is left except where
necessity may demand; it does not necessarily imply corruption or criminal
intention. MISFEASANCE or IRREGULARITIES IN THE PERFORMANCE OF DUTY – The improper
performance of some act which might lawfully be done. MAN-MADE DISASTER- A disaster
caused by human activity, e.g. fires (initiated by man), transportation accidents
(air, sea and land), nuclear attacks, chemical spills, and bombings. MIRANDA
DOCTRINE – A principle on the rights of a suspect from forced self-incrimination
during police interrogation as enshrined in the 1987 Philippine Constitution’s Bill
of Rights (Article III, Sec. 12). MONEY MARKET – A bank transaction wherein a
particular bank will issue a promissory note in favor of another bank. MOOT CASE –
A case is considered as presenting a moot question when a judgment thereon cannot
have any practical legal effect or, in the nature of things, cannot be enforced.
MORAL RIGHTS - It has three categories: the right of an author to receive credit as
the author of a work, to prevent others from falsely being named author, and to
prevent use of the author’s name in connection with works the author did not
create; the right of an author to prevent mutilation of a work; and the right to
withdraw a work from distribution if it no longer represents the views of the
author. MORAL CERTAINTY – A certainty that convinces and satisfies the reasons and
conscience of those who are to act upon a given matter.

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MORTGAGOR – The word “mortgagor”, as used in the charter of the Philippine National
Bank in connection with the right of redemption, includes both the estate of a
deceased mortgagor and his heirs. MOTION – Motions are various kinds and may be
classified as litigated, expert, special, or a motion of course. MOTOR VEHICLE -
Any vehicle propelled by means other than muscular power using the public highways,
but excepting rollers, trolley cars, street sweepers, sprinklers, lawnmowers,
bulldozers, graders, forklifts, amphibian trucks and cranes if not used on public
highways; also, vehicles which run only on rails or tracks, and tractors, trailers
and traction engines of all kinds used exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled or intended to be propelled by
attachments to any motor vehicles shall be classified as separate motor vehicles
with no power rating. (Sec 2, RA 4136) MOTU PROPIO – On its own motion or
initiative. MURDER – Any person who shall kill another person with evident
premeditation, treachery, superior strength, aid of armed men, consideration of
prize and reward of promise and by means of fire, poison, explosion and other means
involving great waste and ruin. (Under Art 248, RPC) NATURAL DISASTER - A disaster
caused by natural forces rather than by human action, e.g. floods, storms,
typhoons/tornados, drought, earthquakes, volcanic eruptions. NEGATIVE EVIDENCE –
Evidence is negative when the witness states that he did not see or know the
occurrence of a fact. NEGATIVE PREGNANT – A denial in the answer which, although in
the form of a traverse, really admits a material part of the averment. A denial in
the form of a negative pregnant does not raise a material issue, and operates as an
admission of the substance of the allegations to which it is directed. NEGLECT –
Failure to provide, for reasons other than poverty, adequate food, clothing,
shelter, basic education or medical care so as to seriously endanger the physical,
mental, social and emotional growth and development of the child. NEGLECT OF DUTY –
The omission or refusal, without sufficient excuse, to perform an act or duty,
which it was the officer’s legal obligation to perform. NEIGHBORHOOD INVESTIGATION
– One of the most crucial steps in Kidnap for Ransom cases which is often
overlooked or underemphasized. The xli
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objective is to identify and interview in person all individuals in the area where
the victim was kidnapped and/or last known sighting area during the window of
opportunity (last time seen until the time discovered missing). NOMINAL PARTY – One
who is joined as plaintiff or defendant, not because he has any real interest in
the subject matter or because any relief is demanded as against him, but merely
because the technical rules of pleading require his presence on the record.
NONFEASANCE or NEGLECT OF DUTY – The omission or refusal, without sufficient
excuse, to perform an act or duty, which it was the peace officer’s legal
obligation to perform; implies a duty as well as its breach and the fact can never
be found in the absence of duty. OBITER DICTUM – A statement made in passing; a
rule issued on a point not necessarily involved in the case. OBLIGATION – A
judicial necessity to give, to do or not to do. OCCULAR INSPECTION – An auxiliary
remedy which the law affords the parties or the court to reach an enlightened
determination of the case, either to clear a doubt, to reach a conclusion, or to
find the truth, by viewing the object related to the fact in issue. OFFENDED PARTY
– In oral defamation or libel, the “offended party” referred to in par. 4 Art 360,
RPC, and in Sec 4, Rule 110, Rules of Court, is the person appearing to have been
defamed, discredited, damaged and prejudiced by the imputation made. The “offender
party” who intervenes in a criminal action, under Sec 15 Rule 110, Rules of Court,
is the person who is entitled to civil indemnity in the civil action arising out of
the criminal act for which the accused is charged. ONUS PROBANDI – The obligation
imposed upon a party who alleges the existence of a fact or thing necessary in the
prosecution of defense of an action, to establish its proof. The obligation imposed
by law on a party to the litigation to persuade the court that he is entitled to
relief. If no evidence is presented on a particular issue, the party having the
burden of proof as to issue will lose, and if that issue is terminative of the
cause of action, he will lose the litigation. OPINION – The opinion of the Court is
that portion of the judgment containing the findings of facts and the conclusions
of law.

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ORGANIZED CRIMINAL GROUP – A structured group of three or more persons, existing

for a period of time and acting in concert with the aim of committing one or more
serious crimes or offenses as defined in the United Nations Convention against
Transnational Organized Crime, in order to obtain, directly or indirectly,
financial or other material benefit. ORGANIZED CRIME – A combination of two or more
persons who are engaged in a criminal or virtual criminal activity on a continuing
basis for the purpose of profit or power using gangland style to attain their
purpose. OUT-OF-TOWN CHECK – A check being presented for encashment before any bank
not within the territory where the issuing bank is located PARENTS PATRIAE – Parent
or guardian of the country. The states as a sovereign, as parent patriae, has the
right to enforce all charities of a public nature, by virtue of its general
superintending authority over the public interest, where no other person in
entrusted with it. A prerogative inherent in the supreme, power of every State, to
be exercised in the interest of humanity, and for his prevention of injury to those
who cannot protect themselves. PARRICIDE - Any person who kills his father, mother
or child whether legitimate or illegitimate or any of his ascendants or descendants
or his spouse shall be guilty of parricide. PAROLE EVIDENCE – Requisites. For the
admissibility of parole evidence of the ground of mistake or imperfection of the
writing, the following requisites must concur; 1) the mistake should be of fact; 2)
the mistake should be mutual or common to both parties to the instrument; and 3)
the mistake should be alleged and proved by clear and convincing evidence. PASSPORT
– A document issued by the Philippine government to its citizens and requesting
other governments to allow its citizens to pass safely and freely, and in case of
need to give him/her all lawful aid and protection. PATENT – A grant by the federal
government to an inventor of the right to exclude others from making, using, or
selling the invention. There are three very different kinds of patents: a utility
patent on the functional aspects of products and processes; a design patent on the
functional aspects of products and processes; a design patent on the ornamental
design of useful objects; and a plant patent on a new variety of living plant.
Patents do not protect “ideas”, only structures and methods that apply
technological concepts. In return for receiving the right to exclude others from a
precisely defined scope of technology, industrial design, or plant variety, which
is the gist of a patent, the inventor must fully disclose the details of the
invention to the public. This will enable others to understand the xliii
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invention and be able to use it as a stepping-stone to further develop the

technology. Once the patent expires, the public is entitled to make and use the
invention and is entitled to a full and complete disclosure of how to do so. PERSON
– Includes natural and juridical persons, unless the context indicates otherwise.
PERSON IN AUTHORITY – Person in authority refers to all those persons who by direct
provision of law or by appointment of competent authority are charged with the
maintenance of public order and the protection and security of life and property,
as well as all persons who come to the aid of agents of authority; it being public
functionaries are entitled to be considered as agents of authority, it being
understood, nevertheless, that in order that the persons who come to the aid of an
agent of authority may be considered as agents of authority, it is an essential
condition that they lend such assistance, by virtue of an order or request of such
agent of authority. PHYSICAL EXAMINATION - The conduct of examining the engine and
chassis number of a motor vehicle by a Crime Laboratory Technician and/or Police
Officer through the used of the naked eyes to determine whether there is a sign of
tampering/alteration. PHYSICAL EVIDENCE - Evidence addressed to the senses of the
court that are capable of being exhibited, examined, or viewed by the court. This
includes but not limited to fingerprints, body fluids, explosives, hazardous
chemicals, soil/burned debris, bombs, electronic parts used in the commission of
the crime. PHYSICAL INJURY- Harm done to a child’s psychological or intellectual
functioning which may be exhibited by severe anxiety, depression, withdrawal or
outward aggressive behavior, or a combination of said behaviors which may be
demonstrated by a change in behavior, emotional response or cognition; PIRACY – The
act of exact, unauthorized, and illegal reproduction on a commercial scale of a
copyrighted work or of a trademarked product. PNP CRISIS MANAGEMENT COMMITTEE (PNP
CMC) - A Committee created by the PNP that specifically handles cases of
kidnapping. POINT OF ORIGIN - The exact physical location where a heat source and
fuel comes in contact with each other and a fire begins.

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POLICE BLOTTER – A record or log where all types of operational and undercover
dispatches shall be recorded containing the five "W"s (WHO, WHAT, WHERE, WHEN AND
WHY) and one "H" (HOW) of an information. POLICE CHECKPOINT – A location where the
search is conducted which is duly authorized by the PNP to deter/prevent the
commission of crimes, enforce the law, and for other legitimate purposes. POST – A
Philippine diplomatic and consular position such as an Embassy or Consulate. POST-
BLAST INVESTIGATION (PBI) - Comprehensive forensic inquiry specifically on a
bombing incident through conduct of various investigative techniques which involves
recovery of physical evidence mainly for reconstruction of explosive fragments
recovered to determine the device components, the modus operandi and subsequently
to identify the perpetrator(s). POST BLAST INVESTIGATION TEAM – Composed of the
criminal investigator(s) assisted by the bomb technicians/EOD personnel and SOCO
personnel. PROJECT PROPOSAL – The recommended format or documentary vehicle to be
used in the presentation of the operational concepts and administrative necessities
in the conduct of intelligence special projects for the processing and approval of
designated authority. PROXIMATE CAUSE – The proximate cause of an injury is the one
which produces the injury either directly or thru other causes which it sets in
motion and thru which it acts in a natural line of causation. It is the cause that
directly produces the effects without the intervention of any other cause. PUBLIC
OFFICER – Elective and appointive officials and employees, permanent or temporary,
whether in the classified or unclassified or exemption service receiving
compensation, event nominal, from the government. QUANTUM MERIT – Elements. In
fixing the reasonable compensation of lawyers for services rendered on quantum
merit, the elements to be considered generally are:1) the importance of the subject
matter of the controversy; 2) the extent of the services rendered; and 3) the
professional standing of the lawyer. QUESTION OF FACT – There is a question of fact
when the doubt of difference arises as to the truth or falsehood of alleged facts,
or when it involves an examination of the probative value of the evidence presented
by the litigants or any of them. xlv
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QUESTION OF LAW – There is a question of law in a given case when the doubt or
difference arises as to what the law is on a certain state of facts. RADIATION -
Heat transfer by way of electromagnetic energy. REASONABLE DOUBT – A reasonable
doubt is not a mere guess that defendant may or may not guilty; it is such a doubt
as a reasonable man might entertain after a fair review and consideration of the
evidence. RECEIVING ANY GIFT – Includes the act of accepting directly or indirectly
a gift from a person other than a member of the public officer’s immediate family,
in behalf of himself or of any member of his family or relative within the fourth
civil degree, either by consanguinity or affinity, even on the occasion of a family
celebration or national festivity like Christmas, if the value of the gift is under
the circumstances manifestly excessive. RECLUSION PERPETUA – The penalty of life
imprisonment. However, the offender is eligible for pardon after serving the
penalty for thirty years. RECOVERY/DISCOVERY/SEIZURE - Refers to any seized,
abandoned, or purchased (undercover) explosives/military ordnance materials taken
into custody by PNP or other law enforcement agencies. REKINDLE - A return to
flaming combustion after extinguishment, such as fire reigning at some time after
being put out. incomplete

RES GESTAE – Statement accompanying and explaining the facts in issue. Statements,
otherwise inadmissible in evidence because they are hearsay, which are sufficiently
contemporaneous with the act they accompany and explain, admissible in evidences as
part of the “res gestae”. RES IPSA LOQUITUR – The thing speaks for itself. RIGHT OF
PUBLICITY – The inherent right of every human being to control the commercial use
of his or her identity. ROBBERY – The taking of personal property belonging to
another with intent to gain, by means of violence against or intimidation of any
person, or using force upon anything. SEPARATION OF POWERS – A basic concept under
our Constitution, embodying the principle of a tripartite division of government
authority entrusted to Congress, the President, and the Supreme Court as well as
such inferior courts as may be created by law. Three independent departments of
government are thus xlvi
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provided for, the legislative vested with the lawmaking function, the executive
with the enforcement of what has been thus enacted, and the judiciary with the
administration of justice, deciding cases according to law. The reason for such a
doctrine is to assure liberty, no one branch being enabled to arrogate unto itself
the whole power to govern and thus in a position to impose its unfettered will.
SERVICE OF SUMMONS – A notice to the defendant informing him that an action has
been commenced against him which he must answer within a specified time, or else
judgment with is taken against him. It is the means by which the defendant is
afforded an opportunity, and rights, and thereby has them safe in the defense of
his person, property, and rights, and thereby have those safeguarded. The principal
object of this process is to give the party to whom it is addressed a notice of
proceedings against him. SEXUAL ABUSE – Includes the employment, use, persuasion,
inducement, enticement or coercion of a child to engage in, or assist another
person to engage in, sexual intercourse or lascivious conduct or the molestation,
prostitution, or incest with children. SPALLING - Chipping or pitting of concrete
or masonry surfaces. SPIRIT OF THE LAW – The intent and purpose of the lawmaker, or
framer of the Constitution, as determined by a consideration for the whole context
thereof and, hence, of the letter of the law, in its entirety and the circumstances
surrounding its enactment. SOCIAL SERVICE PROVIDER – Licensed social workers of the
DSWD, local social welfare and development office, and NGOs workers who provide and
assist in the delivery of basic social welfare services such as but not limited to
providing food, clothing temporary shelter, psychosocial intervention, etc. SPOT
REPORT – Refers to an immediate initial investigative or incident report addressed
to Higher Headquarters pertaining to the commission of the crime, occurrence of
natural or man-made disaster or unusual incidents involving loss of lives and
damage of properties. STATE OF CALAMITY – A governmental declaration over an area
or areas affected by or during a time of a disastrous event or catastrophe. It is a
formal proclamation by the President or by the concerned local chief executive over
a disaster area upon recommendation of the disaster coordinating councils. STATE
WITNESS – Requisites – The requisites for the discharge of an accused in order that
he may be made for the prosecution are: 1) Two or more persons are charged with the
commission of the certain offense; 2) the petition for xlvii
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discharge is filed before the defense has offered its evidence; 3) there is
absolute necessity for the testimony of the defendant whose discharge is requested
4) there is no other direct evidence available for the proper prosecution of the
offense committed except the testimony of said defendant; 5) the testimony of said
defendant can be substantially corroborated in its material points; 6) said
defendant does not appear to be the most guilty; and 7) said defendant had not at
any time been convicted of any offense involving moral turpitude. SUBSTANTIAL
EVIDENCE – “Substantial Evidence” means more than a more scintilla; it is of a more
substantial and relevant consequence and excludes vague, uncertain and irrelevant
matter, implying a quality of proof which induces conviction and makes an
impression on reason. It means that the one weighing the evidence takes into
consideration all the facts presented to him and all reasonable inferences,
deductions and conclusions to be drawn there from, and, considering them in their
entirety and relation to each other, arrives at a fixed conviction. SUBSTANTIVE DUE
PROCESS – The constitutional guaranty that no person shall be deprived of his life,
liberty, or property for arbitrary reasons, such as a deprivation being
constitutionally supportable only if the conduct from which the deprivation flows
is prescribed by reasonable legislation (that is, the enactment is within the scope
of legislative authority) reasonably applied (that is, for a purpose consonant with
the purpose of the legislation itself). SUICIDE – Taking one’s own life voluntarily
and intentionally. SUFFICIENT PROVOCATION – As a mitigating circumstance,
provocation that is adequate to excite the person to commit the wrong and
proportionate to its gravity, and which must also immediately precede the act.
SUMMARY OF INFORMATION (SOI) – An intelligence report rendered regarding any
illegal activity or violation of laws being observed by intelligence operatives
within a given area of responsibility. This is the usual basis of case operations
hence information received should be cared, validated, counterchecked, analyzed and
evaluated. SUPERVENING EVENT – A doctrine in criminal procedure which holds that
where a new fact (such as a deformity) for which the defendant is responsible has
supervened and this new fact charges the character of the crime first imputed to
him, so that, together with the facts previously existing, it constitutes a new and
distinct offense, no double jeopardy exists. SUPPORTING DOCUMENTS – Any paper or
document which is required to be submitted with the passport application supporting
claims to Filipino citizenship xlviii
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to complete the application for a passport without which such application would be
deemed incomplete or otherwise become subject to denial by the issuing authority.
SUSPECT OR SUSPECTS – Individual(s) who is/are pointed to be by the victim(s) and
witness(es) to have had committed the crime in issue. Subject person is not
considered as a criminal unless otherwise his/her conviction is pronounced in the
court. TACTICAL INTERROGATION REPORT – The report rendered by an interrogator/
investigator which contains the following information of subjects: a) Personal and
family background; b) Educational background; c) Professional background; d)
Criminal activities/ associates, armaments; e) Plans. TERRORISM - Any person who
commits an act punishable under the Revised Penal Code hereby sowing and creating a
condition of widespread and extraordinary fear and panic among the populace, in
order to coerce the government to give in to an unlawful demand shall be guilty of
the crime of terrorism THEFT - Theft is committed by any person who, with intent to
gain but without violence against or intimidation of neither persons nor force upon
things, shall take personal property of another without the latter’s consent. THE
STATE – Shall refer to the Philippine government and its relevant government
agencies, organizations and entities. TRADEMARK - A word, slogan, design, picture,
or any other symbol used to identify and distinguish goods. Any identifying symbol,
including a word, design, or shape of a product or container, that qualifies for
legal status as a trademark, service mark, collective mark, certification mark,
trade name, or trade dress. Trademarks identify one seller’s goods and distinguish
them from goods sold by others. They signify that all goods bearing the mark come
from or are controlled by a single source and are of an equal level of quality. A
trademark is infringed by another if the second use causes of confusion of source,
affiliation, connection, or sponsorship. TRADE NAME – A symbol used to identify and
distinguish companies, partnerships, and businesses, as opposed to marks used to
identify and distinguish goods or services. TRADE SECRET – Business information
that is the subject of reasonable efforts to preserve confidentiality and that has
value because it is not generally known in the trade. Such confidential information
will be protected against those xlix
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who obtain access through improper methods or by a breach of confidence.

Infringement of a trade secret is a type of unfair competition. TRAFFICKING IN
PERSONS –The recruitment, transport, transfer or harboring, or receipt of persons
with or without consent or knowledge, within or across national borders, by means
of threat or use of force, or other forms of coercion, abduction, fraud, deception,
abuse of power or of position, taking advantage of the vulnerability of the person,
or, the giving or receiving of payments or benefits to achieve the consent of the
person having control over another person for the purpose of exploitation or the
prostitution of others or others forms of sexual exploitation, forced labor, or
services, slavery, servitude or the removal or sale of organs. TRAVEL DOCUMENT – A
certification or identifying document containing the description and other personal
circumstances of its bearer, issued for direct travel to and from the Philippines
valid for short periods or a particular trip. It is issued only to persons whose
claim to Philippine citizenship is doubtful or who fall under the category
enumerated in Section 13 of this Act. UNINTENTIONAL ABORTION – Any person who shall
cause an abortion by violence, but not intentionally. UNSCRUPULOUS – Unprincipled,
or not scrupulous. So, a person who is without scruple would be one who is lacking
in moral integrity, or in principles; not adhering to ethical standards; careless;
imprudent. VENUE – Venues deals with the locality, the place where the suit may be
had, while jurisdiction treats of the power of the court to decide the case on the
merits. VICTIM – The aggrieved party. VICTIM COMMUNICATOR – The person to whom any
demand has been or is likely to be made by the kidnapper and who is expected by the
offender to respond. VICTIMOLOGY/VICTIM PROFILING – A detailed account of the
victim’s lifestyle and personality assists in determining the nature of the
disappearance, the risk level of the victim and the type of person who could have
committed the crime. Complete information regarding the victim’s physical
description, normal behavioral patterns, the family dynamics, and known friends and
acquaintances should be obtained as soon as possible.

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VISA – An endorsement made on a travel document by consular officer at a Philippine

Embassy or Consulate abroad denoting that the visa application has been properly
examined and that the bearer is permitted to proceed to the Philippines and request
permission from the Philippine Immigration authorities at the ports of entries to
enter the country. The visa thus issued is not a guarantee that the holder will be
automatically admitted into the country, because the admission of foreign nationals
into the Philippines is a function of the immigration authorities at the port of
entry. VOLUNTARY SURRENDER – A surrender to be voluntary, as mitigating
circumstances in criminal law, must be spontaneous, showing the intent of the
accused to submit him unconditionally to the authorities. WAIVER – The doctrine of
waiver, from its nature, applies ordinarily to all rights of privileges to which a
person is legally entitled, provided such rights or privileges belong to the
individual and are intended solely for his benefit. WATERBORNE DISASTER- A disaster
occurring in water areas as a result of both natural and man-made causes, e.g. ship
collision; ships sank by typhoon, overloading resulting in mass drowning, dam
collapse, flash floods and marine pollution.

“Curiosity is one of the most permanent and certain characteristics of a vigorous

mind.” (Samuel Johnson)

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CHAPTER I GENERAL PRINCIPLES OF INVESTIGATION

1.1

DEFINITION OF INVESTIGATION Investigation is the collection of facts to accomplish

a three-fold aim: a. to identify the suspect; b. to locate the suspect; and c. to
provide evidence of his guilt.

In the performance of his duties, the investigator must seek to establish the six
(6) cardinal points of investigation, namely: what specific offense has been
committed; how the offense was committed; who committed it; where the offense was
committed; when it was committed; and why it was committed.

1.2

PROTOCOLS IN INVESTIGATION Protocol 1: Jurisdictional Investigation by the

Territorial Unit Concerned The Police Station, which has territorial jurisdiction
of the area where the crime incident was committed, shall immediately undertake the
necessary investigation and processing of the crime scene, unless otherwise
directed by higher authorities for a certain case to be investigated by other
units/agency. Protocol 2: Official Police Blotter a. A Police Blotter is an 18” x
12” logbook with hard-bound cover that contains the daily register of all crime
incident reports, official summary of arrests, and other significant events
reported in a police station. b. As a general rule, all crime incidents must be
recorded in the official police blotter. c. A separate Police Blotter, however,
shall be maintained for offenses requiring confidentiality like violence against
women and children and those cases involving a child in conflict with the law to
protect their privacy pursuant to R.A. 9262 (Anti-Violence Against Women and
Children Act of 2004) and R.A. 9344 (Juvenile Justice and Welfare Act of 2006).

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d. The duty police officer shall record the nature of the incident in the police
blotter containing the five “W”s (who, what, where, when and why) and one “H” (how)
of the information and inform his superior officer or the duty officer regarding
the occurrence of such incident. e. In answering the above 5 Ws and 1 H and the
Case Disposition, all such material details about the incident, including the
nature of the action or offense; the Date, Time, and Place of Occurrence; the names
of the suspect/s, the victim/s, the witness/es, if any; facts of the case;
significant circumstances that aggravate or mitigate the event or the crime should
be entered along with the identity of the officer to whom the case is assigned
(Officer-on-case); and, the status of the case. Protocol 3: Investigation Team:
Organization and Equipment a. All investigators in any police unit must be a
graduate of prescribed investigation course with a rank of at least PO2 (pre-
requisite to assignment). b. Composition: 1. 2. 3. 4. 5. Team Leader;
Investigator/recorder; Photographer; Evidence custodian; and Composite
Illustrator/Artist

c. Equipment of the investigator: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Police

line; Video camera; Voice recorder; Camera; Measuring device; Gloves; Flashlight;
Fingerprint kit; Evidence bag; Evidence tag; Evidence bottles/vials; and
Investigator’s tickler (contains the following) a) Investigator’s checklist b)
Anatomical diagram form c) Evidence checklist
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d) Turn-over receipt Protocol 4: Duties of the First Responder a. Proceed to the

crime scene to validate the information received; b. Record the exact time of
arrival and all pertinent data regarding the incident in his issued pocket notebook
and notify the TOC; c. Cordon off the area and secure the crime scene with a police
line or whatever available material like ropes, straws or human as barricade to
preserve its integrity; d. Check whether the situation still poses imminent danger
and call for back up if necessary; e. Identify possible witnesses and conduct
preliminary interview and ensure their availability for the incoming investigator-
on-case; f. Arrest the suspect/s if around or in instances wherein the suspect/s is
fleeing, make appropriate notification for dragnet operations; g. Prepare to take
the “Dying Declaration” of severely injured persons with the following requisites:
1. That death is imminent and the declarant is conscious of that fact; That the
declaration refers to the cause and surrounding circumstances of such death; That
the declaration relates to facts which the victim is competent to testify to; and
That the declaration is offered in a case wherein the declarant’s death is the
subject of the inquiry. (Section 37, Rule 130 of the Rules of Court).

2.

3.

4.

h. Evacuate the wounded to the nearest hospital using emergency services; i.

Account for the killed, wounded and arrested persons for proper disposition;
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j. Conduct initial investigation; and k. Brief the investigator-on-case upon

arrival and turn over the crime scene. l. Conduct inventory on the evidence taken
at the crime scene; Inventory receipt should be properly signed by the first
responder, SOCO and the investigator. Protocol 5: Duties and responsibilities of
the Investigating Team a. Take full control of the crime scene to include the
conduct of crime scene search; taking of photographs; making sketches; lifting of
fingerprints; markings of physical evidence; (Chain of custody) the transmittal of
evidence to crime laboratory; interview of witnesses; gathering and evaluation of
evidence; follow-up of the case and the documentation and filing of appropriate
charges in court. b. Establish a command post in the immediate vicinity of the
crime scene; c. Designate a holding area in the immediate vicinity of the crime
scene (for the media, VIP’s and other personalities present); d. Conduct case
conference with the first responder, SOCO, other law enforcers and rescue
personnel; e. Note any secondary crime scene (if situation requires); and f.
Release the crime scene after investigation. Protocol 6: Investigation of Suspects
a. Procedures when arrest is made 1. 2. Secure the person arrested (handcuff at the
back); Inform the arrested person on the cause of his arrest and his rights as
provided for in the Constitution; Conduct thorough search for weapons and other
illegal materials against the suspect/s; Use reasonable force in making arrest;
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5.

Confiscated evidence shall be properly documented and marked; Bring the arrested
investigation. person to the Police Station for

6.

b. Booking procedures of the Arrested Person/Suspect 1. The arrested suspect shall

be fingerprinted, photographed and subjected to medical examination to include
liquor and drug tests. Conduct record check.

2.

Protocol 7: Taking of Sworn Statements of Suspects The execution of a suspect’s

“WAIVER” as stipulated in Art 125 of the RPC shall always be done in the presence
of his chosen counsel or any independent counsel. Protocol 8: Taking of Sworn
Statement/s of the Witnesses a. Sworn Statement or Affidavit of complainant/s and
witness/es must be taken immediately by the investigator-on-case. b. Affidavit of
Arrest of arresting officers must be taken immediately not later than 24 hours. c.
In Inquest cases, the investigator-on-case and the arresting officer/s shall
observe Art. 125 of the RPC. Protocol 9: Preparation of Reports and Filing of
Charges The Investigator-On-Case shall submit the following: a. b. c. d.
office/court; e. Spot Report within 24 hrs to HHQ; Progress Report; After Operation
Report; Final Report after the case is filed before the prosecutor’s and
Accomplishment Report.

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Protocol 10: Procedure in the Release of Crime Scene a. Ensure that appropriate
inventory has been made; b. Release is accomplished only after completion of the
final survey and proper documentation of evidence, witness/es, victim/s and
suspect/s; and c. If the crime scene is within a private property, the same must be
released to the lawful owner witnessed by any barangay official. In case of
government facility, it should be released to the administrator. Protocol 11:
Follow-up of Case The investigator shall conduct police operation to identify and
apprehend suspect/s based on the results of the initial investigation conducted.
Protocol 12: Preparation of Case Investigation Plan (CIPLAN) The conduct of police
operation involving sensational cases, high profile and heinous crimes must be
covered by Case Investigation Plan. Protocol 13: Attendance to Court Duties The
investigator-on-case and arresting officers shall endeavor to ensure their
attendance during court hearings while COPs/Heads of Units shall supervise and
ensure the attendance of witness/es. Protocol 14: Uniform of the Investigator
Prescribed uniform should be worn by investigators when conducting investigation so
as to identify them as PNP personnel.

1. 3

TOOLS OF AN INVESTIGATOR IN GATHERING FACTS a. Information – Data gathered by an

investigator from other persons including the victim himself and from: 1. 2. 3.
Public records; Private records; and Modus Operandi file.

b. Interview – Skillful questioning of witnesses and suspects.

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c. Instrumentation – Scientific examination of real evidence, application of

instrument and methods of the physical sciences in detecting crime.

1. 4

PHASES OF INVESTIGATIONS The main objective of a police investigator is to gather

all facts in order to: Phase I Identify the suspect/s through (1) confession; (2)
eyewitness testimony, (3) circumstantial evidence; and (4) associate evidence;
Locate and apprehend suspect/s; and Gather and provide evidence to establish the
guilt of the accused.

Phase II Phase III

In proving the guilt of the accused in court, the fact of the existence of the
crime must be established; the accused must be identified and associated with the
crime scene; competent and credible witnesses must be available; and the physical
evidence must be appropriately identified. The investigator must know by heart the
elements of a specific crime.

1. 5

STANDARD METHODS OF RECORDING INVESTIGATIVE DATA a. Photographs; b. Sketching crime

scenes; c. Written notes (what you have seen or observed); d. Developing and
lifting fingerprints found at the crime scene; e. Gathering physical evidence; f.
Plaster cast; g. Tape recording of sounds; h. Video tape recording of objects; and
i. Written statements of subject(s) and witnesses.
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1. 6

CRIME SCENE PROCESSING a. The Crime Scene Search 1. Processing and Securing a Crime
Scene – Processing a crime scene includes the application of diligent and careful
methods by an investigator/policemen to recognize, identify, preserve and collect
fact and items of evidentiary value that may assist in reconstructing that which
actually occurred. The crime scene is the area surrounding the place where the
crime occurred. The processing of the area at the scene includes all direct traces
of the crime. And this is determined by the type of crime committed and the place
where the act occurred. 2. Protecting the Crime Scene and the Evidence – Successful
crimes scene processing depends upon the policeman’s or investigator’s skill in
recognizing and collecting facts and items of value as evidence, and upon his
ability to protect, preserve, and later, to present these in a logical manner. This
requires making careful and detailed notes and sketches; written statements and
transcribing verbal statements of witnesses, suspects and marking and preservation
of collected physical objects of evidentiary nature. 3. Laboratory examination of
objects and substances located usually at the crime scene. Objects and substances
needing examination in some cases are carried, intentionally or unintentionally, by
suspects from the crime scene.

1. 7

INVESTIGATOR’S NOTEBOOK a. Purpose: Considering the mass of details and the number
of cases which in some instances an investigator is handling, it is very possible
that he might forget some details. Many of the details associated with the
investigation, while not essential to the report, might become points of interest
to the court when the case is brought to trial. Experienced investigators employ a
notebook to record the relevant details of the case. During trial, the court allows
investigators to consult their notes to refresh their memory. b. Recording Note:
The data of the investigation should be recorded in a complete, accurate and
legible fashion so that in the event another investigator is required to assume
responsibility for the investigation, he can make intelligent use of the notebook.
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1.8

COMMON INVESTIGATION OVERSIGHTS a. Incomplete Case Folder – lack of material

documentation of the case under investigation. Recommended Remedies – include the
police reports in chronological order such as police blotter, spot, progress and
final investigation report. Also, append the scene of crime operation reports,
forensic reports and photographs. Further, if possible, attach the profile of
victim/s and suspect/s, as well as the status of the party involved and the case.
b. No template for the conduct of investigation – police personnel are not
knowledgeable about crime scene preservation and basic investigation. Recommended
Remedies – every police personnel should mandatorily undergo investigation training
giving priority to those in the field units. c. Inadequacy of coordination – the
SOCO, investigators, prosecutors and other concerned agencies work separately and
independently in the conduct of their investigation. Recommended Remedies - case
conferences should be encouraged at the start of the investigation. The conferences
should be attended by the SOCO, investigators, prosecutors, IBP lawyers and other
concerned agencies in order to ensure the coordinated actions in the preparation of
an airtight case folder. d. Failure to prosecute – pertains to absence of police
investigator during trial to act as prosecutor’s witness due to retirement and
transfer of concerned investigator. Recommended Remedies – proper turn-over of case
folders handled by investigators who shall retire or be transferred, as requisite
before the issuance of office clearance. e. Chain of Custody – non-observance of
proper documentation in the turn-over of evidence from one officer to another or
one office to another. Recommended Remedies – documentation on the turn–over of
evidence with actual receipt should be observed and non-observance should be the
basis for administrative sanctions.
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f. Less appreciation of electronic evidence – police investigators take for granted

the electronic devices such as cellphones, computers and other electronic devices
can be processed to give investigative leads. Recommended Remedies – proper
training on the preservation and processing of electronic devices should be
prioritized for all investigators in the field.

“Be doers of the word and not hearers only, deceiving yourselves.” “ (James 1:22)
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CHAPTER II GENERAL INVESTIGATIVE PROCEDURES

2.1

PURPOSE

This investigative procedure is designed to adapt to the current trends in modern

investigation, in line with the PNP Integrated Transformation Program which seeks
to improve and integrate the different manuals used by the PNP to serve as guide in
all aspects of police investigation. It also aims to come up with a definite
investigative procedure on specific cases from the time the incident happened,
until the case is filed, which will be adopted by the PNP investigators in pursuing
their mandated tasks.

2.2

PROCEDURES 2.2.1 Upon receipt of call/walk-in complainants Duty Desk Officer shall:
a. Record the time it was reported; b. Get the identity of the caller/complainant;
c. Get the place of the incident; d. Get the nature of the incident; e. Get the
number of victim/s; f. Record a brief synopsis of the incident; g. Direct the
nearest mobile car/beat patrollers or the nearest police precinct to act as first
responder equipped with “police line” to secure the place of incident a camera; and
h. Inform the duty investigator (preferably one team of investigators).

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2.2.2

At the crime scene

The First Responder shall perform his/her duty as stated in Chapter I Protocol 4.
In addition, check the condition of the victim while the other members of the first
responders shall simultaneously secure the area by putting a police line or any
material (like rope, straw and etc). a. If in serious condition 1. 2. Bring the
victim immediately to the nearest hospital using emergency services; Photograph and
make a sketch of the victim (if the victim is dead); Get the dying declaration; if
necessary (ask 3 questions) a) Ano ang pangalan at address mo? b) Kilala mo ba ang
gumawa nito sa iyo? c) Sa pakiramdam mo ba ay ikamamatay mo ang tinamo mong sugat?
However, if there is still a chance to ask more questions, then follow-up should be
done. The statement, once reduced into writing, shall be duly signed by or with
thumb mark of the victim. b. If not in serious condition 1. 2. 3. Bring the victim
immediately to the nearest hospital using emergency services; Get the identity and
other data of the victim; Get initial interview from the victim

3.

Note: The other member/s of the first responders shall remain at the crime scene to
secure the premises. c. If the suspect is arrested at the scene 1. 2. 3. Get the
names of the persons who turned-over or arrested the suspect. Isolate the arrested
suspect/s and separate them from any probable witness of the incident. Record what
time the suspect was arrested.
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4. 5.

Wait for the investigator to interview the suspect. If the suspect volunteers any
statement, take note of the time, location and circumstances of the statements.

2.2.3

Investigation Procedure at the Crime Scene a. Upon arrival at the crime scene 1. 2.
Receive the crime scene from the first responder. Record time/date of arrival at
the crime scene, location of the scene, condition of the weather, condition and
type of lighting, direction of wind and visibility. Photograph and/or video the
entire crime scene. Before entering the crime scene, all investigators must put on
surgical gloves. Before touching or moving any object at the crime scene in a
homicide or murder case, determine first the status of the victim, whether he is
still alive or already dead. If the victim is alive, the investigator should exert
effort to gather information from the victim himself regarding the circumstances of
the crime, while a member of the team or someone must call an ambulance from the
nearest hospital. Before removing the victim, mark, sketch and photograph his/her
relative position. Only a coroner or a medical examiner shall remove the dead body
unless unusual circumstances justify its immediate removal. Designate a member of
the team or ask other policemen or responsible persons to stand watch and secure
the scene, and permit only authorized persons to enter the same. Identify and
retain for questioning the person who first notified the police, and other possible
witnesses. Determine the assailant through inquiry or observe him if his identity
is immediately apparent. Arrest him if he is still in the vicinity. Separate
witnesses in order to get independent statements.
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3. 4.

5.

6.

7.

8.

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b. Recording The investigator begins the process of recording pertinent facts and
details of the investigation the moment he arrives at the crime scene. (He should
record the time when he was initially notified prior to his arrival). He also
writes down the identification of persons involved and what he initially saw. He
also draws a basic sketch of the crime scene and takes the initial photograph (if a
photographer is available, avail his services). This is to ensure that an image of
the crime scene is recorded before any occurrence that disturbs the scene. As a
rule, do not touch, alter or remove anything at the crime scene until the evidence
has been processed through notes, sketches and photograph, with proper
measurements. c. Searching for evidence 1. Each crime is different, according to
the physical nature of the scene and the crime or offense involved. Consequently,
the scene is processed in accordance with the prevailing physical characteristics
of the scene and with the need to develop essential evidentiary facts peculiar to
the offense. A general survey of the scene is always made, however, to note the
locations of obvious traces of action, the probable entry and exit points used by
the offender(s) and the size and shape of the area involved. In rooms, buildings,
and small outdoor areas, a systematic search of evidence is initiated (In the
interest of uniformity, it is recommended that the clockwise movement be used.) The
investigator examines each item encountered on the floor, walls, and ceiling to
locate anything that may be of evidentiary value. You should give particular
attention to fragile evidence that may be destroyed or contaminated if it is not
collected when discovered. If any doubt exists as to the value of an item, treat it
as evidence until proven otherwise. Ensure that the item or area where latent
fingerprints may be present is closely examined and that action is taken to develop
the prints.

2.

3.

4.

5.

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6.

Carefully protect any impression of evidentiary value in surfaces conducive to

making casts or molds. If possible, photograph the impression and make a cast or
mold. Note stains, spots and pools of liquid within the scene and treat them as
evidence. Treat as evidence all other items, such as hairs, fibers, and earth
particles foreign to the area in which they are found; for example, matter found
under the victim’s fingerprints. Proceed systematically and uninterruptedly to the
conclusion of the processing of the scene. The search for evidence is initially
completed when, after a thorough examination of the scene, the rough sketch,
necessary photograph and investigative notes have been completed and the
investigator has returned to the point from which the search began.

7.

8.

9.

10. Further search may be necessary after the evidence and the statements obtained
have been evaluated. 11. In large outdoor areas, it is advisable to divide the area
into strips about four (4) feet wide. The policeman may first search the strip on
his left as he faces the scene and then the adjoining strips. 12. It may be
advisable to make a search beyond the area considered to be the immediate scene of
the incident or crime. For example, evidence may indicate that a weapon or tool
used in the crime was discarded or hidden by the offender somewhere within a
square-mile area near the scene. 13. After completing the search of the scene, the
investigator examines the object or person actually attacked by the offender. For
example, a ripped safe, a desk drawer that has been pried open or a room from which
items has been stolen, would be processed after the remainder of the scene has been
examined for traces of the offender. 14. In a homicide case, the position of the
victim should be outlined with a chalk or any other suitable material before the
body is removed from the scene. If the victim has been pronounced dead by a doctor
or is obviously dead, it is usually advisable to examine the body, the clothing and
the area
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under the body after the remainder of the scene has been searched. This is to
enable the policeman/investigator to evaluate all objects of special interest in
the light of all other evidence found at the scene. d. Collection of Evidence This
is accomplished after the search is completed, the rough sketch finished and
photographs taken. Fragile evidence should be collected as they are found. All
firearms (FAs) found to have tampered serial numbers (SNs) shall be automatically
subjected to macro etching at the Philippine National Police Crime Laboratory (PNP-
CL). A corresponding request to the Firearms and Explosive Office (FEO) must be
made for verification purposes. The investigator places his initials, the date and
time of discovery on each item of evidence for proper identification. Items that
could not be marked should be placed in a suitable container and sealed. e.
Markings of Evidence Any physical evidence obtained must be marked or tagged before
its submission to the evidence custodian. These are information to ensure that the
items can be identified by the collector at any time in the future. This precaution
will help immeasurably to establish the credibility of the collector’s report or
testimony and will effectively avoid any suggestions that the item has been
misidentified. Markings on the specimen must at least contain the following: 1. 2.
3. Exhibit Case Number Initials and or signature of the collecting officer. Time
and date of collection.

NOTE: It is also important to note the place or location where the evidence was
collected. f. Evaluation of Evidence Each item of evidence must be evaluated in
relation to all the evidence, individually and collectively. If necessary, these
pieces of evidence must be subjected to crime laboratory examination. Example:
firearms for ballistic examination, hair strands etc.
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g. Preservation of Evidence It is the investigator’s responsibility to ensure that

every precaution is exercised to preserve physical evidence in the state in which
it was recovered/ obtained until it is released to the evidence custodian. h.
Releasing of Evidence All collected evidence can only be released upon order of the
court or prosecutor, as the case maybe. i. Chain of Custody A list of all persons
who came into possession of an item of evidence, continuity of possession, or the
chain of custody, must be established whenever evidence is presented in court as an
exhibit. Adherence to standard procedures in recording the location of evidence,
marking it for identification, and properly completing evidence submission forms
for laboratory analysis is critical to chain of custody. Every person who handled
or examined the evidence and where it is at all times must be accounted for. As a
rule, all seized evidence must be in the custody of the evidence custodian and
deposited in the evidence room or designated place for safekeeping. CHAIN OF
CUSTODY (Change of Possession) The Scene Evidence – Seal, Markings, Evidence Log
Evidence Collector (Officer on Case) Letter Request Crime Laboratory Result

Evidence Custodian Court order (Subpoena) Court Presentation

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j. Transmittal of Evidence to Crime Laboratory Proper handling of physical evidence

is necessary to obtain the maximum possible information upon which scientific
examination shall be based, and to prevent exclusion as evidence in court.
Specimens which truly represent the material found at the scene, unaltered,
unspoiled or otherwise unchanged in handling will provide more and better
information upon examination. Legal requirements make it necessary to account for
all physical pieces of evidence from the time it is collected until it is presented
in court. With these in mind, the following principles should be observed in
handling all types of evidence: 1. 2. The evidence should reach the laboratory in
same condition as when it was found, as much as possible. The quantity of specimen
should be adequate. Even with the best equipment available, good results cannot be
obtained from insufficient specimens. Submit a known or standard specimen for
comparison purposes. Keep each specimen separate from others so there will be no
intermingling or mixing of known and unknown material. Wrap and seal in individual
packages when necessary. Mark or label each of evidence for positive identification
as the evidence taken from a particular location in connection with the crime under
investigation. The chain of custody of evidence must be maintained. Account for
evidence from the time it is collected until it is produced in court. Any break in
this chain of custody may make the material inadmissible as evidence in court.

3. 4.

5.

6.

2.2.4

Methods of Crime Scene Search a. Strip Search Method

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In this method, the area is blocked out in the form of a rectangle. The three (3)
Searchers A, B, and C, proceed slowly at the same pace along paths parallel to one
side of the rectangle. When a piece of evidence is found, the finder announces his
discovery and the search must stop until the evidence has been cared for. A
photographer is called, if necessary. The evidence is collected and tagged and the
search proceeds at a given signal. At the end of the rectangle, the searchers turn
and proceed along new lanes as shown in the above illustration. b. Double Strip
Search Method

The double strip or grid method of search is a modification of the Strip Search
Method. Here, the rectangle is traversed first parallel to the base then parallel
to a side. c. Spiral Search Method

In this method, the three searchers follow each other along the path of a spiral,
beginning on the outside and spiraling in toward the center. d. Zone Search Method

In this method, one searcher is assigned to each subdivision of a quadrant, and

then each quadrant is cut into another set of quadrants.
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e. Wheel Search Method

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

searchers gather at the center and proceed outward along radii or spokes. The
procedure should be repeated several times depending on the size of the circle and
the number of searchers. One shortcoming of this method is the great increase in
the area to be observed as the searcher departs from the center.

2.2.5

Procedures on taking photographs

a. Overall photos of the scene are taken to show the approach to the area, street
signs, and street light locations in relation to the actual scene, street addresses
and identifying objects at the scene. Pictures should also be taken of every room
in the house, even if their relationship to the crime scene is not readily
apparent. b. Photograph the scene in a clockwise pattern before altering the body's
position or any other evidence within the scene. Photograph the scene from at least
2 opposite corners, but from all four corners is even better. This way, nothing is
missed or hidden from view by intervening objects. c. Photograph the body and the
immediate vicinity around the body. If you have a camera boom, take pictures from
ceiling height down of the victim and any other evidence. This perspective often
shows things missed when viewed from ground or eye level. d. Keep a photo log.

2.2.6

Procedures on making a sketch

a. To establish admissibility, the investigator must have personal observation of

the data in question. In other words, the sketch must be sponsored or verified.
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b. REMINDER: Sketches are not a substitute for notes or photos; they are but a
supplement to them. c. Types of sketches: 1. 2. 3. 4. Floor plan or “bird’s-eye
view”; Elevation drawing; Exploded view; and Respective drawings.

d. Write down all measurements. e. Fill in all the details on your rough sketch at
the scene. Final sketch may be prepared at the office. f. Keep the rough sketch
even when you have completed the final sketch. g. Indicate the North direction with
an arrow. h. Draw the final sketch to scale. i. Indicate the PLACE in the sketch as
well as the person who drew it. Use KEY-capital letters of the alphabet for listing
down more or less normal parts or accessories of the place, and numbers for items
of evidence. j. Indicate the position, location and relationship of objects. k.
Methods or systems of locating points (objects) on sketch: 1. 2. 3. Rectangular
coordinates. (Measurements at right angles from each of two walls). Coordinates
constructed on transecting base line. Choose relatively fixed points for your base
line. Triangulation. (Measurements made from each of two fixed objects to the point
you want to plot or locate so as to form an imaginary triangle. Sketch will show as
many imaginary triangles as there are objects plotted).

l. Critical measurements, such as skid marks, should be checked by two (2)

investigators. m. Measurements should be harmony or in centimeters, inches, yards,
meters, mixed in one sketch.
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n. Use standard symbols in the sketch. o. Show which way the doors swing. p. Show
with arrow the direction of stairways. q. Recheck the sketch for clarity, accuracy,
scale, and title, key.

2.2.7

Procedures on lifting fingerprints a. Dusting for Latent Fingerprints 1. Pour a

small amount of powder into a piece of paper or a shallow bowl. Touch the tip of
the brush to the powder being careful not to pick up too much. Apply the powder to
the surface gently, using short strokes. When a print begins to appear, begin
making the brush strokes to conform to the pattern of the ridges.

2.

3. 4.

b. Lifting of Latent Fingerprints 1. 2. Pull off approximately 3 inches of tape

from the roll. Begin pressing the tape from the leading edge with a back and forth
motion of a finger. Continue pressing the tape an inch or more past the latent. To
make the lift, use a steady, even pull. Once the tape is pulled beyond the latent
print and the print is lifted, stop so that the leading edge is still in contact
with the surface. The print should be mounted on some form of backing material.

3. 4. 5.

6.

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c. Taking Plain Impressions 1. DO NOT ROLL the fingers when inking or taking the
impression. Use the same position as when rolling the fingers. Ink the right thumb
by pressing it straight down onto the ink surface (do not roll). Ink the remaining
four fingers simultaneously by pressing them onto the ink surface. Repeat the same
procedure with the left hand.

2. 3.

4.

5.

2.2.8

SOCO Assistance

a. In cases where the crime scene needs special processing due to its significance
or because of its sensational nature, the Scene of the Crime Operation (SOCO)
specialists of the Crime Laboratory shall be requested. b. If the situation
involves a clandestine drug laboratory, biological weapons, radiological or
chemical threats, the appropriate agency should be contacted prior to entering the
scene. 1. Significant Cases: a) b) c) d) e) f) g) h) Bombing Incident Initiated
terrorist activities Raids, ambuscade, liquidation KFR case Armed Robbery of Banks
and other Financial institution Calamity/Disaster Massacre
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i) j) 2.

Heinous crimes (as defined by law) Murder, Homicide, Arson, Rape with Homicide

Sensational Cases: a) Elected Public Officials (Brgy Captain up to President of the

RP) Appointed public officials with the rank of commissioner, secretary and
undersecretary Foreign diplomat Any foreigner PNP/AFP personnel Former high-ranking
government officials Other prominent figures such as movie stars, sports stars,
tri-media practitioners, prominent businessmen, professionals, and prominent
leaders of religious organizations.

b)

c) d) e) f) g)

2.2.9

Release of Crime Scene Ensure that appropriate inventory has been provided.

a. Release the scene with the notion that there is only one chance to perform job
correctly and completely. b. Release is accomplished only after completion of the
final survey and proper documentation.

“Give the pupils something to do, not something to learn; and the doing is of such
a nature as to demand thingking; learning naturally results.” (John Dewey)
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CHAPTER III INVESTIGATION OF CRIMES PUNISHABLE UNDER THE REVISED PENAL CODE

3.1

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 3.1.1 ARBITRARY DETENTION a. What
law punishes the crime of Arbitrary Detention? Revised Penal Code Article 124

b. What are the elements of the Crime of Arbitrary Detention? 1. The offender is a
public officer or any private persons conspiring with a public officer. The person
arrested is without warrant of arrest and/or without legal cause or justified
cause. The detention of arrested person exceeds the reglamentary period for filing
the charges in court, depending on its gravity. Other analogous acts

2.

3.

4.

NOTE: Warrantless arrest by Police Officer is justified under these circumstances:

1. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense; When an offense has just been
committed and he has probable cause to believe based on personal knowledge of acts
or circumstances that the person to be arrested has committed it; and When the
person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case
is pending, or has escaped while being transferred from one confinement to another.

2.

3.

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c. What is the evidence needed to file a crime of Arbitrary Detention? 1. 2.

Testimonial evidence – Affidavit of complainant and witnesses. Documentary evidence
- Medical Records of the detained person if physically abused, police blotter and
other pertinent documents. Other relevant evidence

3.

3.1.2

RA 7438 – RIGHTS INVESTIGATION

OF THE PERSON UNDER CUSTODIAL

Violations under RA 7438: a. Any arresting public officer or employee or any

investigating officer, who fails to inform any person arrested, detained or under
custodial investigation of his rights to remain and to have competent and
independent counsel preferably of his own choice; and b. Any person who obstructs,
prevents or prohibits any lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation, or any medical doctor or
priest or religious minister or by his counsel, from visiting and conferring
privately chosen by him or by any member of his immediate family with him, or from
examining and treating him or from ministering to his spiritual needs.

3.1.3

DELAYING RELEASE a. What law punishes the crime of Delaying Release? b. Revised
Penal Code Article 126

What are the elements of Delaying Release? 1. 2.

The offenders are wardens and jailers. There is an order from the court or
prosecutor releasing the detained person. The wardens refused or delayed the lawful
release of the detained person. Other analogous acts
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c. What is the evidence needed to file a crime of Delaying Release? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence - Order of Release, Record of release and other pertinent

documents. Other relevant evidence

3.

3.1.4

EXPULSION a. What law punishes the crime of Expulsion? Revised Penal Code Article
127

b. What are the elements of Expulsion? 1. Any person expelled from the Philippines
or compelled to change his residence. The expulsion is without authority from the
President of the Philippines or appropriate authority. There is no legal cause to
expel the person. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a crime of Expulsion? 1. Testimonial

witnesses. Evidence – Affidavit of complainants and

2.

Documentary Evidence - Certification of non-issuance order of expulsion and

Document issued in relation with expulsion. Other relevant evidence

3.

3.1.5

VIOLATION OF DOMICILE a. What law punishes the crime of Violation of Domicile?

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Revised Penal Code Article 128

b. What are the elements of Violation of Domicile? 1. 2. The offender is a public

officer who entered a dwelling. The act of entering is against the will of the
owner thereof or the offender refused to leave the premises, after having
surreptitiously entered said dwelling and been told to leave the same. The purpose
of entering the dwelling is to conduct search for papers and other effects found
therein. The offender is not armed with search warrant or the search is against the
will of the owner. Other analogous acts

3.

4.

5.

c. What is the evidence needed to file a crime of Violation of Domicile? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
- Inventory of papers and other effects taken from the owner, pictures of any
physical damage in the dwelling as evidence of resistance on the part of the owner,
if there is any. Object Evidence – confiscated papers and effects Other relevant
evidence

3. 4.

3.1.6

SEARCH WARRANT MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY
OBTAINED

a. What law punishes the crime of Search Warrant Maliciously Obtained and Abuse in
the Service of Those Legally Obtained? Revised Penal Code Article 129

b. What are the elements of Search Warrant Maliciously Obtained and Abuse in the
Service of Those Legally Obtained?

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1.

There is a search warrant whether valid or maliciously obtained. The acts of

procuring a search warrant without cause or serving a search warrant is with abuse
of authority. The evidence obtained is not in accordance with description stated in
the search warrant. Other analogous acts

2.

3.

4.

NOTES: Requisites for a valid search warrant: 1. 2. 3. There must be probable

cause. Probable cause must be determined personally by the judge. The determination
must be based on the examination, under oath or affirmation of the complainant and
witness he my produce. It must particularly describe the place to be searched and
the person or thing to be seized.

4.

The warrant may have been lawfully procured but if rules on its implementation are
not observed, any object seized in connection therewith is inadmissible for being
“poisonous fruit of a poisonous tree.” c. When can search be made without search
warrant. 1. 2.

There is valid waiver. Stop and search Customs searches Plain view Moving vehicles
Search incident to lawful arrest

3.

4.

5.

6.

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d. What is the evidence needed to file a crime of Search Warrant Maliciously

Obtained and Abuse in the Service of Those Legally Obtained?

1. 2.

Testimonial evidence – Affidavit of complainant and witnesses Documentary Evidence

- Search Warrant obtained, inventory of items seized in the service of such search
warrant Object Evidence – items seized Other relevant evidence

3.

4.

3.1.7

SEARCHING DOMICILE WITHOUT WITNESS a. What law punishes the crime of Searching
Domicile without

Witness? Revised Penal Code Article 130

b. What are the elements of Searching Domicile without Witness? 1. The offender is
a public officer who conducted a search without a witness required by law. There is
an act of “planting evidence” that would later be used against the dwelling owner.
The offender is a public officer authorized/deputized to conduct search. Other
analogous acts

2.

3.

4.

c. What is the evidence needed to file a crime of Searching Domicile without

Witness? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

- Search Warrant obtained Object Evidence - Items seized Other relevant evidence

3.

4.

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3.1.8

PROHIBITION, INTERRUPTION PEACEFUL MEETINGS

AND

DISSOLUTION

OF

a. What law punishes the crime of Prohibition, Interruption and Dissolution of

Peaceful Meetings? Revised Penal Code Article 131

b. What are the elements of Prohibition, Interruption and Dissolution of Peaceful

Meetings? 1. The offender is any public officer or employee, who without legal
ground, prohibits or interrupts the holding of peaceful meeting or shall dissolve
the same. The offender is not one of the participants of the meeting which was
interrupted or dissolved. The meeting is peaceful, lawful and valid with permit.
The stoppage is done through violence, intimidation, force or any other means.
Other analogous acts

2.

3.

4.

5.

c. What is the evidence needed to file a crime of Prohibition, Interruption and

Dissolution of Peaceful Meeting? 1. Testimonial witnesses. Evidence – Affidavit of
complainant and

2.

Documentary Evidence - Permit, invitation, programs and other pertinent documents

about the meeting, Medical records of the injured participants of the meeting if
any, Police records such as blotter, SOCO report and others. Objects Evidence -
weapons or devices used to interrupt the meeting. Other relevant evidence

3.

4.

3.1.9

CRIMES AGAINST RELIGIOUS WORSHIP a. What law punishes the crime against Religious
Worship?
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Republic Article No. 132 -133

b. What are the elements of the crimes of Interruption of Religious Worship? 1. The
offense constitutes an interruption of religious worship or offending a religious
worship. The offense is qualified if it is accomplished by violence or threats.
There must be a deliberate and willful intent to hurt the feeling of the faithful.
Offense to feelings is judged from the feelings of the person mocked, scoffed at
and members of his sect. The religious worship should be in a place devoted for
religious worship. Other analogous acts

2.

3.

4.

c. What are the evidences needed to file a crime against religious worship? 1. 2.
Testimonial evidence Documentary evidence - video or photographs or voice recorder
of slanderous imputation offending a religious worship, police records, blotter,
reports and other records. Object Evidence -weapons or devices used in case of the
presence of violence or threats Other relevant evidence

3.

4.

3.2

CRIMES AGAINST PUBLIC ORDER 3.2.1 REBELLION a. What law punishes the crime of
Rebellion? Revised Penal Code Article 134

b. What are the elements of Rebellion? 1. There is public uprising and taking arms
against the Government.
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2.

The purpose is either: a) To remove from the allegiance to said Government or its
laws territory of the Philippines or any part thereof, or any body of land, naval
or other armed forces; or To deprive the President or Congress, wholly or
partially, any of their powers or prerogatives. Other analogous acts

b)

c) c.

What is the evidence needed to file a crime of Rebellion? 1. Testimonial witnesses.

Evidence – Affidavit of complainant and

2.

Documentary Evidence - Subversive documents and other pertinent documents,

Photographs and videos. Object Evidence - weapons or devices used in taking up
arms. Other relevant evidence

3.

4.

3.2.2

COUP D’ ETAT a. What law punishes the crime of Coup D’ etat? Revised Penal Code
Article 134-A

b. What are the elements of Coup D’ etat? 1. Offenders belong to the military,
police or are holding public office. It is committed by means of swift attack
accompanied by violence, intimidation, threat, strategy or stealth. Directed
against duly constituted authorities or any military camp or installation,
communication network, public utilities needed for the exercise and continued
possession of power. The purpose is to seize or diminish state power. Other
analogous acts
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3.

4.

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c. What are the evidences needed to file a crime of Coup D’ etat? 1. 2. Testimonial
Evidence – Affidavit of complainant and witnesses Documentary Evidence - Subversive
documents and other pertinent publications, police records relevant to the filing
of the case and other pertinent documents. Object Evidence - Weapons or devices
used. Other relevant evidence

3.

4.

3.2.3

SEDITION AND CONSPIRACY TO COMMIT SEDITION a. What law punishes the crime of
Sedition? Revised Penal Code Article 139 -141

b. What are the elements of Sedition? 1. 2. There is public uprising. The purpose
is to: a) Prevent the promulgation or execution of any law or holding of any
popular election. Prevent the public officers from exercising their functions or
the execution of any administrative order. Despoil for political or social reason,
any person, town, province or the National Government of its property. Inflict any
act of hate or revenge upon the person or property of any public officer or upon
private persons or any class for any political or social end.

b)

c)

d)

3.

There is agreement to commit sedition and sedition has actually been committed.
Other analogous acts

4.

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c. What is the evidence needed to file a crime of Sedition? 1. 2. Testimonial

evidence Documentary Evidence - Photograph, video and other visual evidence of
sedition, subversive documents, publications police records and other reports.
Objects Evidence - Weapons or devices used to inflict hate or revenge. Other
relevant evidence

3.

4.

3.2.4

INCITING TO COMMIT SEDITION a. What law punishes the crime of Conspiracy to Commit
Sedition? Revised Penal Code Article 142

b. What are the elements of Inciting to Commit Sedition? 1. Incites others to do

any act constitutive of sedition by means of speeches, proclamation and banners.
Utters seditious words which tend to disturb the public peace. Write and circulate
scurrilous libels against the Government and duly constituted authorities, which
tend to disturb public peace. Other analogous acts

2.

3.

4.

NOTE: Two rules relative to seditious words: 1. The clear and present danger rule –
the words used are such that by uttering them there is a danger of public uprising
and such is both clear and imminent. The dangerous tendency rule – the words
uttered tend to generate a danger of public uprising.

2.

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c. What are the evidences needed to file a crime of Inciting to Commit Sedition? 1.
2. Testimonial Evidence – Affidavit of complainant and witnesses Documentary
Evidence - publications, reports and other documents, photographs and videos of
acts of inciting and police records Other relevant evidence

3.

3.2.5

CRIMES AGAINST POPULAR REPRESENTATION

a. What law punishes the acts tending to prevent the meeting of congress and
similar bodies, disturbance of proceedings and violation of parliamentary immunity?
Revised Penal Code Article 143 -145

b. What the elements of the crimes against Popular Representation? 1. The meeting
disturbed must be that of the congress or provincial board, city or municipal
council. The disturbance is directly intended to prevent or disturb a session of
the congress or provincial board, city or municipality council. The act is in
violation of parliamentary immunity of any member of congress or provincial board,
city or municipal council. Other analogous acts

2.

3.

4.

NOTE: A member of Congress cannot be arrested while Congress is in session, unless

he has committed a crime punishable under the RPC by a penalty of prison mayor or
higher.

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c. What are the evidences needed to file a crime against Popular Representation? 1.
Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – weapons used in creating disturbance. Other relevant evidence

3.

4.

3.2.6

ILLEGAL ASSEMBLIES a. What law punishes the crime of Illegal Assemblies? Revised
Penal Code Article 147

b. What are the elements of Illegal Assemblies? 1. Any meeting attended by armed
persons for the purpose of committing any of the crimes in the RPC. Any meeting in
which the audience, armed or not, is incited to commit treason, rebellion, sedition
or assault upon person in authority or his agent. Other analogous acts

2.

3.

NOTE: Mere presence at the meeting makes the attendee liable even if he is not
armed. c. What is the evidence needed to file a crime of Illegal Assemblies? 1.
Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – weapons
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4.

Other relevant evidence

3.2.7

DIRECT ASSAULT a. What law punishes the crime of Direct Assault? Revised Penal Code
Article 148

b. What are the elements of Direct Assault? 1. The victim is with authority and
directly vested with jurisdiction, i.e., having the power and authority to govern
and execute the laws or who is the agent of the person in authority. The victim was
assaulted on occasion or because or by reason of the performance of official
business. The attack made on one of the persons in authority or their agents
against one among them is on occasion or by reason of official performance or
decision. The offender has knowledge that the victim is a person in authority or
his agent. Other analogous acts

2.

3.

4.

5.

NOTES: 1. Two (2) modes of committing direct assault a) Without public uprising, by
employing force and intimidation to attain the purposes of rebellion or sedition.
The first mode of direct assault is sedition without public uprising. b) Without
public uprising, by attacking, by employing force or seriously intimidating or by
seriously resisting any person in authority or any of his agents while engaged in
the performance of their duties or on the occasion of such performance. 2. An agent
of a person in authority is one charged with the maintenance of peace and the
protection of life and property. Policemen, BIR agents, sheriffs are agents of
person in authority.
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3.

Direct assault becomes qualified when: a) b)

Assault is committed with a weapon. Offender is a public officer or employee.

Offender lays a hand upon a person in authority.

c)

4.

What is the evidence needed to file a crime of Direct Assault? a) Testimonial

Evidence – Affidavit of complainant and witnesses. Documentary Evidence –
photographs, videos, police reports and other documents Object Evidence – weapons
Other relevant evidence

b)

c)

d)

3.2.8

INDIRECT ASSAULT a. What law punishes the crime of Indirect Assault? Revised Penal
Code Article 149

b. What are the elements of Indirect Assault? 1. 2.

A person in authority or his agent is the victim of direct assault. A person comes
to the aid of such authority or his agent. The offender uses force or intimidation
upon such person coming to the aid of the authority of his agent. Other analogous
acts

3.

4.

c. What is the evidence needed to file a crime of Indirect Assault? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – weapons
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4.

Other relevant evidence

3.2.9

RESISTANCE AND SERIOUS DISOBEDIENCE a. What law punishes the crime of Resistance
and Serious Disobedience? Revised Penal Code Article 151

b. What are the elements of Resistance and Serious Disobedience? 1. Offender

seriously resists or disobeys the person in Authority or his agent. The
disobedience is the failure or refusal to obey a direct order from the authority or
his agent. The offender must have knowledge that the person arresting him is a
peace officer. The force employed by offender is not deliberate or the offender has
no intention to ignore or defy the authority or his agents. Other analogous acts

2.

3.

4.

5.

NOTE: Persons in authority: mayor, superintendent of schools, public and private

teachers, fiscal, municipal judge, councilors, and barangay chairman. c. What is
the evidence needed to file a crime of Resistance and Serious Disobedience? 1. 2.
Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence – weapons
Other relevant evidence

3. 4.

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3.2.10

PUBLIC DISORDERS a. What law punishes tumults and other public disturbance? Revised
Penal Code 153

b. What are elements of tumults and other public disturbance? 1. The tumultuous act
is caused by more than three (3) armed persons. The tumultuous act is a spontaneous
or unconscious outburst. The tumultuous act creates public disturbance. Other
analogous acts

2. 3. 4.

c. What are the evidence needed to file a crime of tumults and other public
disturbance? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents. Object Evidence –
weapons Other relevant evidence

3.

4.

3.2.11

UNWLAFUL USE OR MEANS OF PUBLICATION AND UNLAWFUL UTTERANCE

a. What law punishes the crime of Unlawful Use or Means of Publication and Unlawful
Utterance? Revised Penal Code Article 154

b. What are the elements of Unlawful Use or Means of Publication and Unlawful
Utterance? 1. 2. Publishing any false news which may endanger public order.
Encouraging disobedience to the law or constituted authorities by extolling
punishable acts.
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3.

Maliciously publishing official resolutions without proper authority or before they

are published officially. Publishing books, pamphlets which do not bear the real
printer’s name or which are anonymous. Other analogous acts

4.

5.

c. What is the evidence needed to file a crime of Unlawful Use or Means of

Publication and Unlawful Utterance? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– publications, police reports and other documents. Object Evidence – publications,
books, pamphlets and other records. Other relevant evidence

3.

4.

3.2.12

ALARMS AND SCANDALS a. What law punishes the crime of Alarms and Scandals? Revised
Penal Code Article 155

b. What are the acts of Alarms and Scandals? 1. 2.

Discharge of firearms and rockets calculated to cause alarm. Charivari or other

disorderly meetings offensive and prejudicial to public tranquility. Disturbance of
public places. Disturbance caused by inebriated persons in a manner not tumultuous
in nature. Other analogous acts

3.

4.

5.

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c. What is the evidence needed to file a crime of Alarms and Scandals? 1.

Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – firearms Other relevant evidence

3.

4.

3.2.13

EVASION OF SERVICE OF SENTENCE a. What law punishes the Evasion of Service of

Sentence? Revised Penal Code Article 157-159

b. What are the acts of Evasion of Service of Sentence? 1. Evasion of service of

sentence by escaping while serving sentence. Evasion of sentence on the occasion of
disorders. Violation of terms of conditional pardon. Other analogous acts

2. 3. 4.

c. What are the evidences needed to file a crime of Evasion of Service of Sentence?
1. Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Objects Evidence – weapons, if any. Other relevant evidence

3. 4.

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3.3

CRIMES AGAINST PUBLIC INTEREST 3.3.1 FALSIFICATION OF DOCUMENTS a. What law

punishes the crime of Falsification of Documents? b. Revised Penal Code Article 171

What are the acts of Falsification of Documents? 1. 2. Counterfeiting or imitating

any handwriting, signature or rubric. Causing it to appear that persons have
participated in any act or proceeding when they did not in fact so participate.
Attributing to persons who have participated other than in fact made by them.
Making untruthful statement in a narration of facts. Altering true dates. Making
any alteration or intercalation in a genuine document which changes its meaning.
Issuing in an authenticated form a document purporting to be a copy of an original
when no such original exists or including in such copy a statement contrary to or
different from that of the genuine original. Intercalating any instrument or note
relative to the issuance thereof in a protocol, registry or official book. Other
analogous acts

3.

4.

5.

6.

7.

8.

9.

c. What is the evidence needed to file a crime of Falsification of Documents? 1.

Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – original and falsified documents.
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4.

Other relevant evidence

3.3.2

INVESTIGATIONS OF CASES OF FALSIFICATION

To prove falsification, it is usually necessary for an investigator to secure a

specimen of the suspect’s handwriting for comparison purposes. There are two (2)
classes of specimen or standard writings. One consists of writing or printing
executed from day-to-day in the course of business, social or personal affairs.
Such standards may be referred to as collected standards. The second class consists
of specimens of person’s writing or printing executed upon request oft the
investigating officer for the sole purpose of comparison with the questioned
documents and is generally known as requested or dictated standards. a. Acts of
constituting Falsification Under Art 171 of the Revised Penal Code: 1. 2.

Counterfeiting or imitating any handwriting, signature or rubric. Causing it to

appear that persons have participated in any act when they did not in fact so
participate. Attributing to persons that persons have participated in any act of
proceeding statements other that those in fact made by them. Making untruthful
statements in a narration of facts. Altering true dates. Making any alteration or
intercalation in a genuine document which changes its meaning.

3.

4.

5.

6.

b. INVESTIGATIVE PROCEURES 1. Procedure in handling Cases of Falsification

The following GENERAL STEPS are necessary for every police investigator to acquire
jurisdiction of the case up to its filing in the Prosecutor’s Office: a) b) There
must be a complaint. Duly accomplished complaint sheet to be filled up by the
complainant.
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c)

Interview the complainant to establish facts surrounding the complaint. Secure the
necessary documents to prove the offense. Make necessary request addressed to the
Crime Laboratory for purposes of comparison and forensic examination, both of the
questioned and original documents. File charges before the Prosecutor’s Office,
whether for Violation of Article 170, 171, 172, 173, 174 and 175, of the Revised
Penal Code.

d)

e)

f)

2. Counterfeiting or Imitating any Handwriting a) Secure a specimen of the

suspect’s handwriting for comparison purposes. Come up with two (2) classes of
specimen or standard writings, the procedures of which are as follows: 1) Obtain at
least 15 to 20 collected/genuine signatures. 2) If investigation is about other
specimen of handwriting or hand printing, secure at least 4 to 5 pages of
handwriting or hand printing. 3) Procure ink signature for comparison with
questioned ink specimens and pencil standards for comparison with questioned
specimen. c) Secure collected standards which consist of writing or printing
executed from day-to-day in the course of business, social or personal affairs.
Obtain requested or dictated standards from the suspect consisting of specimen
handwriting executed upon the request of investigating officer by using the
following procedure: 1) Obtain at least 25 to 30 specimen signatures. 2) If
questioned signatures are in ink, let the suspect write with a pen; if in pencil,
with a pencil.

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3) Require the suspect to write each signature on separate sheets of paper or form.

4) Procure standard signatures of approximately the same date as the disputed

documents.

5) Collate both collected and dictated standards and submit these documents for
examination by the technical experts of the PNP Crime Laboratory. CASE FOLDER:
Falsification cases -Counterfeiting or Imitating a) b)

TAB A – Complaint Sheet TAB B – Affidavit of Complainant/witnesses TAB C – Request

for QD examination addressed to the Crime Laboratory TAB D – Result of examination
TAB E – Case referral for Violation of Article 171, RPC addressed to the
Prosecutor’s Office

c)

d)

e)

3.

Falsification of Legislative Documents (Article 170, RPC) a) Secure questioned and

altered documents, to wit: 1) Altered legislative bill, resolution or ordinances
enacted or approved. 2) Other related documents relative to this case. b) Initiate
verification with concerned agencies/entities to obtain additional information as
to the disputed documents. Make a necessary request addressed to the PNP Crime
Laboratory for comparison/examination both of the questioned and altered documents.

c)

CASE FOLDER: (Falsification of Legislative Documents) a) b)

TAB A – Complaint Sheet TAB B - Affidavit of complainant/witnesses/s

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c)

TAB C – Request for QD examination of altered documents addressed to the Crime

Laboratory TAB D -Verification Letter addressed to the concerned entities where
altered documents emanated. TAB E - Result of examination TAB F - Case referral for
Violation of Article 170, RPC addressed to the Prosecutor’s Office

d)

e)

f)

4.

Falsification – committed BY Public Officer and Employee (Article 171, RPC) or by

Private Individual and use of falsified documents (Article 172, RPC) a) Secure
questioned and altered documents. 1) Falsified public or official documents or
letter of exchange or any other kind of commercial documents. 2) Documents with
altered dates if committed by altering true dates.

3) Altered genuine documents which changed its meaning. b) Initiate verification

with concerned agencies/entities to obtain additional information as to the
disputed documents. c) Investigator shall submit the questioned and altered
documents for comparison/examination by the technical experts of the PNP Crime
Laboratory. CASE FOLDER: (Falsification by Public Officer or Private Individual) a)
b) c) TAB A - Complaint sheet. TAB B - Affidavit of complainant and witnesses. TAB
C - Request for QD examination of Altered Documents addressed to the Crime
Laboratory for the following: 1) Falsified Public or official document.
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2) Commercial document.

3) Documents with altered dates. d) TAB D – Verification letter addressed to the

concerned Agencies/entities where said documents emanated. TAB E - Result of
examination TAB F - Case referral for Violation of Article 171 or 172, RPC
addressed to the Prosecutor’s Office

e) f)

3.3.3

USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS

b. What law punishes the crime of Usurpation of Authority or Official Functions?

Revised Penal Code Article 177

c. What are the elements of Usurpation of Authority or Official Functions? 1. The

offender made a false representation maliciously to an officer, agent or
representative of the Philippine Government or any foreign government. It is not
necessary that the offender performs an act pertaining to a public officer. The
offender commits an act of usurpation of official function where a person performs
an act pertaining to a person in authority or public officer, when he had no right
or authority to do so. Other analogous acts

2.

3.

d. What is the evidence needed to file a crime of Usurpation of Authority or

Official Functions? 1. 2. Testimonial Evidence – Affidavit of complainant and
witnesses Documentary Evidence – photographs, videos, police reports and other
documents. Object Evidence – weapons

3.

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4.

Other relevant evidence

3.3.4

PERJURY (FALSE TESTIMONY) a. What law punishes Perjury? Revised Penal Code Article
180 -183

b. What are the elements of Perjury? 1. The statement is made under oath or in an
affidavit must be on a material matter. The statement is made before one authorized
to administer oath. The Statement is a willful and deliberate falsehood. The
execution thereof is required by law. Other analogous acts

2.

3.

4.

5.

c. What are the evidences needed to file a crime of Perjury? 1. 2. Testimonial

Evidence – Affidavit of complainant and witnesses Documentary Evidence –
photographs, videos, police reports and other documents. Object Evidence – false
statement contained in a document. Other relevant evidence

3.

4.

3.3.5

FRAUD a. What punishes Fraud? Revised Penal Code Article 185-189

b. What are the acts of Fraud?

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1.

Machinations in public auctions or any attempt to cause prospective bidders to stay

away from auction by means of threats, gift or any other artifice. Monopolies and
combinations in restraint of trade. Importation and disposition of falsely marked
articles or merchandize made of gold, silver or other precious metals. Substituting
and altering trademarks and trade names or service mark. Unfair competition,
fraudulent registration of trade name, trademark, or service mark; fraudulent
designation of origin and false description. Other relevant evidence

2.

3.

4.

5.

6.

NOTE: Infringement, plagiarism and unfair competition are covered by Intellectual

Property Rights. (Please refer to the chapter pertaining to crimes punishable under
special laws) c. What are the evidences needed to file a crime of fraud? 1.
Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – false statement contained in a document. Other relevant evidence

3. 4.

3.3.6

INTELLECTUAL PROPERTY RIGHTS

The State recognizes that an effective intellectual and industrial property system
is vital to the development of domestic and creative activity, facilitates transfer
of technology, attracts foreign investments, and ensures market access for our
products. It shall protect and secure the exclusive rights of scientists,
inventors, artists and other gifted citizens to their intellectual property and
creations, particularly when beneficial to the people.
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The use of intellectual property bears a social function. To this end, the State
shall promote the diffusion of knowledge and information for the promotion of
national development and progress and the common good. It is also the policy of the
State to streamline administrative procedures of registering patents, trademarks
and copyright, to liberalize the registration on the transfer of technology, and to
enhance the enforcement of intellectual property rights in the Philippines.
(Declaration of State Policy, RA 8293) a. IPR INVESTIGATIVE PROCEDURES –
Counterfeit Items 1. Complaint a) b)

Duly accomplished complaint sheet. Letter request representative. for assistance

from IP owners’

c) 2.

Special Power of Attorney/Secretary’s Certificate.

Test Buy / Surveillance a) Proof of purchase on the counterfeit item subject of

complaint. Sketch of the place where counterfeit items are stored or the specific
place to be searched in preparation for Search Warrant application. Affidavit of
deponent/Search warrant applicant.

b)

c) 3.

Certification a) b) Letter request for certification of authenticity. Certificate

of authenticity of the counterfeit items.

4.

Applying for Search Warrant a) Letter request for authority to apply Search Warrant
from Group Director addressed to the Chief, PNP. Authority to apply for search
warrant duly approved by the Chief, PNP.

b)

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c)

Search Warrant application. Affidavit of deponents/witness/es. Pieces of evidences,

i.e. counterfeit items subject of complaint together with the corresponding
certification.

d)

e)

5.

Implementation of Search Warrant a) b) Pre-Operations Clearance. Coordination with

other law enforcement units, barangay offices etc. Witnesses during conduct of
orderly search to include owners/occupants who will receive the copy of search
warrant prior to the conduct of search on the specific place stated therein.
Receipts of property seized with certification of authenticity from IP owner
representative on the seized subject items administered by a Police Commissioned
Officer who is present at the place of search. Certification of Orderly Search
signed by witnesses/barangay officials who were present at all times during the
conduct of searches. Motion addressed to the concerned court for storage of seized
items in a court-appointed warehouse. After motion is granted by the court, storage
of seized items at a warehouse rented by IP owner.

c)

d)

e)

f)

g)

6.

Prosecution a) b) Inquest if arrest was made. Regular/Ordinary filing if no arrest

was made.

7.

Return of Search Warrants

CASE FOLDER: (To be prepared in 3 copies. 1 copy for the investigator, 1 for the
station and 1 for the PHQ.)
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a) b)

TAB A - Duly accomplished complaint sheet. TAB B - Letter request for assistance
from IP owner’s representative. TAB C Certificate. Special Power of
Attorney/Secretary’s

c)

d)

TAB D - Proof of purchase on the counterfeit item subject of complaint. TAB E -

Sketch of the place where counterfeit items are stored or the specific place to be
searched. TAB F - Affidavit of deponent/Search warrant applicant. TAB G - Letter
request for certification of authenticity. TAB H - Certificate of authenticity of
the counterfeit items. TAB I - Letter request for authority to apply Search Warrant
from Group Director addressed to the Chief, PNP. TAB J - Authority to apply for
search warrant duly approved by the Chief, PNP. TAB K - Search Warrant application.
TAB L - Pre-Operations Clearance. TAB M - Coordination with other law enforcement
units, barangay offices, etc. TAB N - Receipts of properly seized with
certification of authenticity from IP owner representative on the seized subject
items administered by a Police Commissioned Officer who is present at the place of
search. TAB O – Certification of Orderly Search signed by witnesses/barangay
officials who were present at all times during the conduct of searches. TAB P –
Receipt of storage of seized items at a warehouse rented by IP owner.
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e)

f) g) h) i)

j)

k) l) m)

n)

o)

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q) r)

TAB Q – Case Referral addressed to the Prosecutor. TAB R – Return of SW

3.4.

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

The present law consolidating all of laws on drugs (Art. 190 to 194 of the RPC. RCA
6425, PD. 1683 and RA 7659) is RA 9165 known as “An Act instituting the
comprehensive Dangerous Drugs Act. of 2002.” (Please refer to the chapter
pertaining to crimes punishable under special laws).

3.5.

CRIMES AGAINST PUBLIC MORALS 3.5.1 GAMBLING AND BETTING

PD 1602 governs crimes against public moral repealing Articles 196 to 199 of the
RPC, PD 486 (betting and machinations on sport contest and PD 499 (on fighting)
(Please refer to the chapter pertaining to crimes punishable under special laws).

3.5.2

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS a. What law punishes offenses against
decency and good customs? Revised Penal Code Article 200-202

b. What are the acts of offenses against decency and good customs? 1. Grave scandal
consists of acts offensive to decency and good customs which are publicly committed
and scandalizes persons who have accidentally witnessed it. Immoral doctrines,
obscene publication and exhibition. Vagrancy and prostitution (prostitutes are no
longer liable for prostitution and must be treated as victims).

2.

3.

c. What is the evidence needed to file an action for offenses against decency and
good customs? 1. Testimonial witnesses. Evidence – Affidavit of complainant and

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2.

Documentary Evidence – reports, police records and other documents. Object Evidence
– photographs and videos Other relevant evidence

3.

4.

3.6.

CRIMES COMMITTED BY PUBLIC OFFICERS 3.6.1 DERELICTION OF DUTY a. What law punishes
the crime of dereliction of duty? Revised Penal Code Article 204-207

b. What are the acts of dereliction of duty? 1. An unjust decision is one contrary
to law and not supported by evidence made with conscious and deliberate intent to
do injustice. The offender in dereliction of duty must have the duty to prosecute
or move for the prosecution of the law-violator. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of dereliction of duty? 1.

Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – document containing the unjust decision. Other relevant evidence

3.

4.

3.6.2

DIRECT BRIBERY a. What law punishes the crime of Direct Bribery? Revised Penal Code
Article 210
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b. What are the elements of Direct Bribery? 1. 2. The accused is a public officer.
He receives directly or through another, some gift or present or promise. Such
gift, present or promise has been given in consideration of: a) the commission of a
crime; or b) execution of an act which is not a crime; c) refraining from doing his
official duty. The crime or act relates to the exercise of the functions of the
public officer. Other analogous acts

3.

4.

5.

c. What is the evidence needed to file a crime of Direct Bribery? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – gift being offered or accepted. Other relevant evidence

3.

4.

3.6.3

INDIRECT BRIBERY a. What law punishes the crime of Indirect Bribery? Revised Penal
Code Article 211

b. What are the elements of Indirect Bribery? 1. 2. 3. 4. The offender is a public

officer. The offender accepts gifts. The gifts are offered to him by reason of his
office. Other analogous acts

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c. What is the evidence needed to file a crime of Indirect Bribery? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – gifts offered or accepted. Other relevant evidence

3. 4.

3.6.4

QUALIFIED BRIBERY a. What law punishes the crime of Qualified Bribery? Revised
Penal Code Article 211-A

b. What are the elements of Qualified Bribery? 1. The offender enforcement. is a

public officer entrusted with law

2.

The offender refrains from arresting or prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/or death. Consideration of any promise,
gift or present. If it is the public officer who asks or demands such gift or
present, he shall suffer the penalty of death under RA 7659. Other analogous acts

3.

4.

c. What are the evidences needed to file a crime of Qualified Bribery? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – gift
offered or accepted. Other relevant evidence

3.

4.

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3.6.5

CORRUPTION OF PUBLIC OFFICERS a. What law punishes the crime of Corruption of

Public Officers? Revised Penal Code Article 211-A

b. What are the elements of Corruption of Public Officers? 1. The offender

offers/promises/gives gift or presents to a public officer. The gift was accepted
by the public officer. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Corruption of Public Officers? 1.

Testimonial Evidence witnesses. – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – gifts being offered or accepted. Other relevant evidence

3. 4.

3.6.6

ANTI-GRAFT AND CORRUPT PRACTICES ACT a. What law punishes the crime of graft and
corrupt practices? Republic Act No 3019 AS AMENDED BY RA 3047

b. What are the acts of graft and corruption? 1. Persuading another public officer
to perform an act constituting a violation of rules and regulations duly
promulgated by competent authority or an offense in connection with the official
duties of the latter, or allowing himself to be influenced to commit such violation
of offense. Directly or indirectly requesting or receiving any gift, present,
share, percentage or benefit for himself or for any other
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person, in connection with any transaction between the government and any other
party, wherein the public officer in his official capacity to intervene under the
law.

3.

Directly or indirectly requesting or receiving any gift, present or other pecuniary

or material benefits, for himself or for another, from any person for whom the
public officer has obtained any Government permit or license, in consideration of
the help given or to be given. Having any member of his family accept employment in
a private enterprise which has pending official business with him during the
pendency thereof or one year after his termination. Causing any undue injury to any
party, including the Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official administrative
or judicial functions through manifest partially, evident bad faith or gross
inexcusable negligence. Neglecting or refusing, after due demand or request,
without sufficient justification, to act within a reasonable time on may matter
pending before him for the purpose of obtaining, directly or indirectly, from any
person interested in the matter some pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or giving undue advantage in favor of
a discriminating against any other interested part. Entering on behalf of the
government, into any transaction manifestly and grossly disadvantageous to the
same, whether or not the public officer profiled thereby. Directly or indirectly
having financial or pecuniary interest in any business, contract transaction in
connection with which he intervenes or takes part in his official capacity.
Directly or indirectly becoming interested in any transaction requiring the
approval of a board, panel or group of which he is a member.

4.

5.

6.

7.

8.

9.
10. Knowingly approving or granting any license, permit, privilege or benefit in
favor of any person not qualified for or not legally entitled to such license,
permit, privilege, or advantage, or of a mere representative or dummy of one who is
not so qualified or entitled.

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11. Divulging valuable information of a confidential character, acquired by his

office or by him on account of his official position to unauthorized persons, or
releasing such information in advance of its authorized date.

12. Other analogous acts c. What is the evidence needed to file a crime of graft
and corruption? 1. Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – transaction records, contracts, police reports and other

documents. Object Evidence – permit or license or order obtained. Other relevant
evidence

3.

4.

3.6.7

FRAUD AND ILLEGAL EXACTIONS AND TRANSACTIONS a. What law punishes the crime of
Illegal Transactions? Revised Penal Code Article 213

b. What are the acts of illegal transactions? 1. Agreement with any interested
party to defraud the government in respect of furnishing supplies or adjustment or
settlement of accounts relating to public funds or property. Demands for the
payment of sum different from or larger than those authorized by law in the
collection of taxes, licenses and fees. Failure to issue receipt provided by law
for any taxes, licenses and fees. Collection by way of payment, things of a nature
different from that provided by law in the collection of taxes, licenses, and fees.
Other analogous acts

2.

3.

4.

5.

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c. What is the evidence needed to file a crime of illegal transaction? 1.

Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – illegal transactions. Other relevant evidence

3.

4.

3.6.8

OTHER FRAUDS a. What law punishes the crime of Other Frauds? Revised Penal Code
Article 214

b. What are the elements of Other Frauds? 1. The offender is a public official who
take advantage of his position. The offenses covered are: estafa; other forms of
swindling; swindling a minor; and other deceits. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Other Frauds? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – fraudulent transaction. Other relevant evidence

3. 4.

3.6.9

PROHIBITED TRANSACTION a. What law punishes the crime of Prohibited Transaction?

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Revised Penal Code Article 215

b. What are the elements of Prohibited Transaction? 1. 2.

Appointive public officer. Becomes interested in any transaction of exchange or

speculation. Within his territorial jurisdiction. During his incumbency. Other
analogous acts

3.

4.

5.

c. What is the evidence needed to file a crime of Prohibited Transaction? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – records
or contracts made through prohibited transactions. Other relevant evidence

3.

4.

3.6.10

POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER

a. What law punishes the crime of Possession of Prohibited Interest by a Public

Officer? Revised Penal Code Article 216

b. What are the elements of Possession of Prohibited Interest by a Public Officer?

1. The offender intervenes in transactions with intention of subordinating the
interest of the government. The offender is the only official who, by reason of
their office, must intervene in contacts or transactions. Other analogous acts
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c. What is the evidence needed to file a crime of Possession of Prohibited Interest

by a Public Officer? 1. Testimonial witnesses. Evidence – Affidavit of complainant
and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – contracts that had been intervened by public officer. Other
relevant evidence

3.

4.

3.6.11

MALVERSATION OF PUBLIC FUNDS OR PROPERTY a. What law punishes the crime of

Malversation of Public Funds or

Property? Revised Penal Code Article 217-221

b. What are the acts of malversation of public funds or property? 1. Malversation

by appropriating, misappropriating or permitting any other person to take public
funds or property. Failure of accountable officer to tender account. Failure of
responsible public officer to tender account before leaving the country. Illegal
use of public funds or property funds or property. Failure to make delivery of
public funds of property. Other analogous acts

2.

3.

4.

5.

6.

NOTE: Abuse of confidence and taking advantage of public position are inherent in
malversation. Malversation can only be committed by a public official who has
charge of public funds or property by virtue of his official position.
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Public officer who, having custody of public property, through abandonment of

negligence renders it possible for others to abstract commits malversation through
negligence. Technical malversation pertains to funds appropriated by law for a
particular purpose and are channeled for public use other than what they were
intended for.

c. What is the evidence needed to file a crime of malversation of public funds or

property? 1. Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – contracts made through malversation. Other relevant evidence

3.

4.

3.6.12

INFIDELITY OF PUBLIC OFFICERS a. What law punishes the crime of Infidelity of

Public Officers? Revised Penal Code Article 223 - 230

b. What are the acts of Infidelity of Public Officers? 1. 2.

Infidelity in the custody of prisoner. Infidelity in the custody of documents.

Revelation of secret. Connivance must exist between the offender and the prisoner
for the latter to escape. The prisoner is one confined in prison or prisoner
serving sentence or merely a detention prisoner. Other analogous acts

3.

4.

5.

6.

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c. What are the evidences needed to file an action for infidelity of public
officers? 1. Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Other relevant evidence

3.

3.6.13

REMOVAL, CONCEALMENT, DESTRUCTION OF DOCUMENT the crime of Removal, Concealment,

a. What law punishes Destruction of Document? -

Revised Penal Code Article 226

b. What are the elements of removal, concealment, destruction of document? 1. 2. 3.

4. The offender is a public officer. The offender abstracts, destroys, or conceals
the documents. Entrusted to him by person of his office. Injury to a third party or
damage to public interest be caused by removal, destruction or concealment. Other
analogous acts

5.

c. What is the evidence needed to file a crime of removal, concealment, destruction

of documents? 1. 2. Testimonial Evidence – Affidavit of complainant and witnesses.
Documentary Evidence – photographs, videos, police reports and other documents.
Other relevant evidence

3.

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3.6.14

REVELATION OF SECRETS a. What law punishes the crime of Revelation of Secrets?

Revised Penal Code Article 229-230

b. What are the acts of revelation of secrets? 1. 2. 3. The public officer is the
offender. The public officer revealed the secrets of a private individual. The
secrets revealed are known to public officer by reason of his official capacity.
The revelation shall cause serious damage to public interest. Other analogous acts

4. 5. c. secrets?

What is the evidence needed to file a crime of revelation of

1.

Testimonial witnesses.

Evidence

Affidavit

of

complainant

and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – contracts or documents revealed. Other relevant evidence

3. 4.

3.6.15

OPEN DISOBEDIENCE a. What law punishes the crime of Open Disobedience? Revised
Penal Code Article 231

b. What are the elements of Open Disobedience? 1. 2. Offender is a judicial or

executive officer. A valid judgment, decision or order of a superior and competent
authority.
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3.

The offender openly refuses to execute said judgment, decision or order which he is
duty-bound to obey. Other analogous acts

4.

c. What is the evidence needed to file a crime of Open Disobedience? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Court order or decision. Other relevant evidence

3. 4.

3.6.16

REFUSAL OF ASSISTANCE a. What law punishes the crime of Refusal of Assistance?

Revised Penal Code Article 233

b. What are the elements of Refusal of Assistance? 1. 2. The offender is a public

officer. The offender fails or refuses maliciously to lend cooperation to a
competent authority towards the administration of justice or other public service.
Other analogous acts

3.

c. What is the evidence needed to file a crime of Refusal of Assistance? 1.

Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Court order or decision.

3.

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4.

Other relevant evidence

3.6.17

REFUSAL TO DISCHARGE ELECTIVE DUTIES a. What law punishes the crime of Refusal to
Discharge Elective

Duties? Revised Penal Code Article 234

b. What are the elements of Refusal to Discharge Elective Duties? 1. 2. The

offender is an elective official. The offender refuses to discharge his elective
duties without legal basis. Other analogous acts

3.

c. What is the evidence needed to file a crime of Refusal to Discharge Elective

Duties? 1. Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Other relevant evidence

3.

3.6.18

MALTREATMENT OF PRISONER a. What law punishes the crime of Maltreament of Prisoner?

Revised Penal Code Article 235

b. What are the elements of Maltreatment of Prisoner? 1. 2. 3. The offender must

have the prisoner under his custody. The offender maltreated the prisoner. Other
analogous acts

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c. What is the evidence needed to file a crime of Maltreatment of Prisoner? 1.

Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – weapons used in maltreatment. Other relevant evidence

3.

4.

3.6.19

ABANDONMENT OF OFFICE/POSITION a. What law punishes the crime of Abandonment of

Office/Position? Revised Penal Code Article 238

b. What are the elements of Abandonment of Office/Position? 1. The offender is a

judge who assumes power pertaining to executive authorities. The offender obstructs
the exercise of their powers. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Abandonment of Office/Position?

1. Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Other relevant evidence

3.

3.6.20

USURPATION OF JUDICIAL FUNCTION a. What law punishes the crime of Usurpation of

Judicial Function?

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Revised Penal Code Article 241

b. What are the elements of Usurpation of Judicial Function? 1. The offender

represents himself as an officer of a department of the government (executive,
legislative, judicial). The offender performs the function of the officer of
another department. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Usurpation of Judicial Function?

1. Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Other relevant evidence

3.

3.6.21

DISOBEYING REQUEST FOR DISQUALIFICATION

a. What law punishes the crime of Disobeying Request for Disqualification? Revised
Penal Code Article 242

b. What are the elements of Disobeying Request for Disqualification? 1. 2.

This crime is committed by administrative or judicial officers. The offender

disobeys to disqualify a public officer. There is an order for disqualification, or
the disqualification is resolved by the proper authority. Other analogous acts

3.

4.

c. What is the evidence needed to file a crime of Disobeying Request for

Disqualification?

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1.

Testimonial witnesses.

Evidence

Affidavit

of

complainant

and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Other relevant evidence

3.

3.6.22

ORDERS OR REQUEST BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY

a. What law punishes the crime of Orders or Request by Executive Officers to Any
Judicial Authority? Revised Penal Code Article 243

b. What are the elements of Orders or Request by Executive Officers to Any Judicial
Authority? 1. 2.

The offender is an executive officer. The purpose is to intervene with the

functions of judicial authority. The interference need not be limited to a case
under litigation. It may cover any matter exclusively within the cognizance of
judicial authority. Other analogous acts

3.

4.

c. What is the evidence needed to file a crime of Orders or Request by Executive

Officers to Any Judicial Authority? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – Court
order or decision which was intervened by executive officer. Other relevant
evidence

3.

4.

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3.6.23

UNLAWFUL APPOINTMENT a. What law punishes the crime of Unlawful Appointment?

Revised Penal Code Article 244

b. What are the elements of Unlawful Appointment? 1. The gravamen of the offense is
the: 1) nomination; or 2) appointment of someone who lacks qualification at the
time the offender made the nomination or appointment. There must be a law setting
forth the qualifications of a person to be nominated or appointed to a public
office. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Unlawful Appointment? 1.

Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – fraudulent appointment. Other relevant evidence

3.

4.

3.6.24

ABUSES AGAINST CHASTITY a. What law punishes the crime of Abuses against Chastity?
Revised Penal Code Article 245

b. What are the elements of Abuses against Chastity? 1. The public officer must
solicit (demand sexual intercourse) or make “immoral” or indecent advance. The
solicitation or proposal consummates the crime and it is not necessary that the
woman to whom solicitation is addressed is made to yield thereof.
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3.

Other analogous acts

c. What is the evidence needed to file a crime of Abuses against Chastity? 1.

Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Medical records including results of seminal or DNA test, if
there is sexual intercourse. Other relevant evidence

3.

4.

3.7

CRIME AGAINST PERSONS 3.7.1 PARRICIDE a. What law punishes the crime of Parricide?
Revised Penal Code Article 248

b. What are the elements of Parricide? 1. The offender killed his father, mother,
child (legitimate of illegitimate), legitimate other ascendant or descendant and
legitimate spouse. The parent or child killed need not be legitimate. But the
spouse and other ascendant or descendant must be legitimate. The killing is
intentional. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a crime of Parricide? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

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3. 4.

Object Evidence – weapon used and autopsy of slain victims. Other relevant evidence

3.7.2

DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCE

a. What law punishes the crime of Death or Physical Injuries under Exceptional
Circumstance? Revised Penal Code Article 245

b. What are the elements of Death or Physical Injuries under Exceptional

Circumstance? 1. The offender is either: a) a legally married person (wife or
husband); or b) a parent. The victim was surprised by: a) his/her spouse; or b)
his/her daughter who is under 18 years of age and living with him/her, in the act
of committing sexual intercourse with another person, as the case maybe. The
offender kills or inflicts serious physical injuries upon any or both of them. The
offender must catch the culprits in the act of sexual intercourse. Other analogous
acts

2.

3.

4.

5.

c. What is the evidence needed to file a crime of Death of Physical Injuries under
Exceptional Circumstance? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents. Object Evidence – weapon
used. Other relevant evidence

3.

4.

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3.7.3

MURDER a. What law punishes the crime of Murder? Revised Penal Code Article 248

b. What are the elements of Murder? 1. Murder is the unlawful killing of any person
not constitutive of parricide of infanticide. The act of killing is qualified by
the following circumstances: a) Treachery (alevosia) taking advantage of superior
strength, with the aid of armed men, or employing means to weaken the defense to
insure impunity. In consideration of a price, reward, or promise. By means of
inundation, fire. Poison, explosion, shipwreck, standing of a vessel, derailment or
assault upon a railroad, fall of an airship, by means of vehicles, or with the use
of any other means involving great waste or ruin. On the occasion of any of the
calamities enumerated in the preceding paragraph or of an earthquake, eruption of a
volcano of any other public calamity. With evident premeditation. With cruelty by
deliberately and inhumanly augmenting the suffering of the victim or outraging or
scoffing at his person or corpse (as amended by RA 7659).

2.

b)

c)

d)

e) f)

3.

These qualifying circumstances must be alleged in the information otherwise, they

could not be proven as such under the principle of non alegata non probate. What is
not alleged cannot be proven. Other analogous acts

4.

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c. What is the evidence needed to file a crime of Murder? 1. Testimonial witnesses.

Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Autopsy, weapons used and other Forensic Reports. Other relevant
evidence

3.

4.

3.7.4

HOMICIDE a. What law punishes the crime of Homicide? Revised Penal Code Article 249

b. What are the elements of Homicide? 1. Homicide is the killing of any person
which does not constitute parricide, infanticide or murder and it is not attended
by any justifying circumstances. Homicide is generic term and could be committed by
culpa (negligence) or dolo (intent). Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Homicide? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Autopsy, weapons used and other Forensic Reports. Other relevant
evidence

3.

4.

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3.7.5

DEATH CAUSED OR INJURIES INFLICTED IN A TUMULTUOUS AFFRAY

a. What law punishes the crime of Death Caused or Injuries Inflicted in a

Tumultuous Affray? Revised Penal Code Article 251-252

b. What are the elements of Death Caused or Injuries Inflicted in a Tumultuous

Affray? 1. Tumultuous affray takes place when a quarrel occurs among several
persons in tumultuous or confused manner. The persons killed or wounded with the
author thereof incapable of being ascertained but the ones who inflicted serious
physical injuries could be identified. The person is killed but author thereof
cannot be identified. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a crime of Death Caused or Injuries

Inflicted in a Tumultuous Affray? 1. Testimonial witnesses. Evidence – Affidavit of
complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Autopsy, weapons used and other Forensic Reports. Other relevant
evidence

3.

4.

3.7.6

GIVING ASSISTANCE TO SUICIDE a. What law punishes the crime of Giving Assistance to
Suicide? Revised Penal Code Article 253

b. What are the elements of Giving Assistance to Suicide?

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1. 2.

The offender helps the victim to commit suicide. The act of suicide may necessarily
be consummated. Other analogous acts

3.

c. What is the evidence needed to file a crime of Giving Assistance To Suicide? 1.

Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Autopsy, weapons used and other Forensic Reports. Other relevant
evidence

3.

4.

3.7.7

INFANTICIDE a. What law punishes the crime of Infanticide? Revised Penal Code
Article 255

b. What are the elements of Infanticide? 1. This offense contemplates the killing
of any child less than 3 days old (72 hours). The victim may not necessarily be the
child of the offender. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Infanticide? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Autopsy, weapons used and other Forensic Reports.
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4.

Other relevant evidence

3.7.8

ABORTION a. What law punishes the crime of Abortion? Revised Penal Code Article 256

b. What are the elements of Abortion? 1. Intentional abortion committed by using

violence upon the person for the pregnant woman. Intentional abortion committed
without using violence but without consent of the woman. Intentional abortion with
the woman’s consent (with or without violence). Unintentional abortion, meaning
abortion through reckless imprudence but with use of violence. Abortion practiced
by the woman herself or by another person with her consent. Abortion committed by
the parents of the pregnant woman with her consent to conceal dishonor. Abortion
intentionally caused by a physician or midwife or brought about by their
assistance. The act of a pharmacist in dispensing abortives. Abortion is the
willful killing of the fetus in the uterus, or the violent expulsion of the fetus
from the maternal womb which results in its death.

2.

3.

4.

5.

6.

7.

8.

9.

10. Other analogous acts c. What is the evidence needed to file a crime of
Abortion? 1. Testimonial witnesses. Evidence – Affidavit of complainant and

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2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Autopsy, weapon used and other Forensic reports. Other relevant
evidence

3.

4.

3.7.9

HOMICIDE (GENERIC) INVESTIGATION a. Upon Receipt of Call/Walk-in Complaint. The

duty desk officer

shall: 1. 2.

Record the time it was reported; Get the identity of the caller/complainant; Get
the place of the incident; Get the nature of the incident; Get the number of
victims; Record the brief synopsis of the incident; Direct the nearest mobile
car/beat patrollers or the nearest police precinct to act as first responder
equipped with a camera and “police line” to secure the place of incident; and
Inform the duty investigator). investigator (preferably one team of

3. 4. 5. 6. 7.

8.

b. Guidelines in Homicide Investigation 1. Record the time the call was received as
well as the time of arrival at the scene. Preserve the crime scene. Do not remove
anything until its location and position have been noted and photographed. The
position of evidence should be measured and/or photographed in reference to
permanent fixtures in the crime scene.

2.

3.

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4.

Pay attention to the wound inflicted which may have caused the death of the victim
and how it was committed. Designate one person to pick up all physical evidence. No
one should touch or move anything unless and until the fingerprint technician has
finished his tasks. A systematic, detailed search of the crime scene should be
conducted. Colored as well as black-and-white photographs should be taken. Look for
physical evidence that will tend to prove the elements of the crime under
investigation. Take note of unusual odors, symbols, fetishes, rituals.

5.

6.

7.

8.

9.

10. When the body is finally moved, attention should be given to the area beneath
the body. 11. While moving the body, use a rubber sheet to prevent contaminating
the crime scene with spilled blood. 12. Conduct a careful inspection of a dead
person holding a gun. (The hand of a dead person usually has no gripping power.
Therefore, if the gun was placed in an unnatural position (Cadaveric Spasm), it may
have been placed in the hand after the death of the person). 13. Note the condition
and types of food at the crime scene as the pathologist may be able to use this
information in determining whether the victim’s last meal was eaten at the crime
scene. 14. The course and direction of each bullet should be determined. This
applies to the trajectory of the bullet through the body as well as the trajectory
of the bullet through a solid object at the crime scene. 15. If all slugs were not
removed at the crime scene, have the body X-rayed. This is excellent for
determining the distance of fire from patterns and shows the trajectory of the
bullet through the body.

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16. Take photographs of all bystanders. These may be helpful later to identify
possible witnesses or subject (who sometimes DOES return to the crime scene).

17. Try to: a) b) c) Determine if any of the victim’s valuables are missing. Record
the color of blood stains (bright red, reddish brown, brown, black or almost
black). Determine what portion of the stain is wet (just the center, completely
wet, completely dry, dry around the edges) for an estimate of time of death. If the
blood is wet, see if a paper clip will separate the stain as it goes through or if
the blood will flow together again. Note the size, dimension and location of blood
drops. Determine the direction and distance of blood drops. Enter in your notebook
details of the test to determine whether the victim is still alive. Record if the
body is cool to touch, warm, etc. Record the weather, as well as weather changes
(sunny to cloudy or vice-versa). Talk to everyone with whom the suspect has spoken.
Look for weapons which could have inflicted the wounds. Obtain soil samples (double
handfuls) at ten-foot intervals in circles around the body and the scene, when
appropriate. Take samples of other items for exclusionary purposes. Obtain
botanical samples when necessary. Take a temperature reading of the scene. If the
body is submerged in a bathtub, record the temperature of the water at the time of
your arrival.

d)

e) f) g)

h) i) j) k)

l) m) n)

18. If it is necessary to cut the victim’s clothing, avoid using bullet or knife
holes. Where possible, cut the clothing along seams so that the clothing can be
restored to approximately its original condition. 19. The spatter pattern of blood
spots should be noted as it is: a) An aid in determining if the object or persons
was in motion when the blood spattered. Possible for an expert to tell you how the
crime was committed as indicated by the blood spots.
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c)

Possible to trace every spot to its origin by observing its characteristics.

Indicative of whether it was a result of a weapon striking a victim, or it was
thrown there from a weapon, or it was created by some other weapon.

d)

20. BE CAUTIOUS. Remember that fingerprints may be present on light switches, light
bulbs, telephone, doorknobs, etc. 21. When fingerprints are on an object which has
a dark color, consider using fluorescent powder as the standard fingerprint powders
are not as effective in developing latent prints on such objects. Aerial
photographs of the crime scene and escape route should be taken, when possible and
practicable. c. Things to Remember in the conduct of Homicide (Generic)
Investigation Places of Importance 1. 2.

The crime scene. Make a methodical and thorough search. Avenues of approach. How
did the killer(s) arrive? Avenues of escape. Investigate and search along this
route. Places where victim was seen immediately prior to his death. Who was with
him/her? What was he doing? Was this customary? Get the time. Places where suspect
claims he was; places where he was seen before, during and after the crime was
committed for the purpose of checking his alibi. Places where evidence can be
found. Weapons or poison, etc. – Where can they be obtained? Where can they be
hidden? Places where the suspect and the victim were frequently seen before the
commission of the crime. Place/s of suspect/s lairs.

3.

4.

5.

6.

7.

8.

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Times of Importance 1. 2.

Time of death Time crime was reported Time of arrival of police at the scene Time
victim was last known to be alive Time relative to victim’s movement preceding
death Time relating to suspect(s) movements. Time the crime scene was turned over
by the first responder to the investigator. Time the investigator arrived at the
crime scene. Time started/terminated processing of the crime scene by the
investigator and the SOCO.

3.

4. 5. 6.

7.

8. 9.

10. Time the recovered evidence was turned to evidence custodian. 11. Time the
investigator was dispatched. 12. Time of the arrival of SOCO team at the Crime
Scene. Persons of Importance 1. Victim - victim’s personal background/history and
his/her relationship with other people. Witnesses - Get their statements without
delay. Suspects - Isolate them if there is absolute evidence against them. Person
who reported the crime - Remember that he probably has key information. Check out
his statement. Persons who stand to gain by the death. This is a sensitive matter.
Be circumspect in your approach. Relatives and other sources of information.
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3.

4.

5.

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Things of Importance 1. 2. Body of the deceased. Properties or belongings of the

deceased. Here, we may find motive. Weapons – what in particular? Locate, list and
record them as evidence. Means of transportation Sounds, shots, screams, arguments,
or falling objects. Odors – gunpowder, distinctive smell of poison, etc. Items of
evidence should be legally obtained and carefully preserved.

3.

4. 5. 6. 7.

d. Handling the suspect 1. Obtain the following evidence from the suspect: a) The
suspect’s clothing should be photographed, marked, and sent to the crime laboratory
for examination. Any scratches on the suspect should be photographed. Fingernail
scrapings should be obtained. Take blood samples from the suspect in a medically
approved manner and with proper legal justification. Take hair samples. Have the
fingerprint technician check the paper money which may have been taken from the
victim’s house for the victim’s fingerprints. Check the suspect’s personal effects
very closely for items of evidentiary value. Obtain teeth mark impressions when
appropriate.

b) c) d)

e) f)

g)

h)

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i)

Semen samples in rape or rape with homicide cases should be obtained medically.
Consider polygraph examinations.

j) 2.

Never take a suspect or a subject to the crime scene in the clothing he was wearing
at the time he was arrested. (This includes shoes.) The accused lawyer may later
claim that the clothing was contaminated at the scene of the crime. Attempt to
ascertain the following: a) b) The suspect’s mode of living as compared to the
amount of his income. The suspect’s mode of living before the crime as compared to
his mode of living after the crime. (Compare his financial condition before the
crime with his financial condition after the crime). Compare his behavior before
the crime with his behavior after t the crime. Make a methodical and complete check
of the suspect’s alibi.

3.

c)

d)

e. Body and Post-Mortem 1. Designate a member of the investigating team to secure

the cadaver from the scene up to the place where the autopsy will be conducted. An
investigating officer should remain at the autopsy area to prevent the embalming of
the cadaver and to prevent anyone from touching or removing any of the clothing
from the said cadaver until the medico-legal officer arrives. Obtain a copy of the
autopsy report. Make a detailed report to the Chief of Office regarding the
findings of the medico-legal officer.

2.

3.

4.

f. Follow-up Investigation 1. Look for possible witness/es, who may be close

friends or relatives of the victim, past pictures of the victim with anyone,
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or even relatives that can possibly help in the solution of the case. 2.

Methodically interview residents in the area and record the interviews by using a
tape recorder or taking notes. Re-enact the crime to possibly establish what
transpired at the crime scene. Return to the crime scene during the time of day the
crime was committed. (As we are all creatures of habit, possible witnesses and
suspects can be located through this technique). Conduct case conference for
regular updates. Check the victim’s and the suspect’s toll calls. (Records of toll
calls are usually retained for approximately three months by the telephone
companies). Present photographs and crime reports to several psychiatrists to
ascertain what type of person would commit such a crime, including the motives. If
there is/are already witnesses, keep them separated so that they will give what
they personally observed and not just corroborate what others are saying.

3.

4.

5.

6.

7.

8.

g. Court Preparation 1. Have a diagram of the crime scene and the location of all
evidence. Make a list of the evidence on hand and what you hope to prove with it.
Be prepared to show the following: a) b)

2.

3.

Relationship existed between the victim and the suspect. Indications that the
suspect threatened to harm the victim. Possible witnesses to the threats. A
photograph of the crime scene (before and after processing) can be very helpful.
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c)

d)
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e)

Review everything, including prosecutor before trial.

testimony,

with

the

f)

Review with witnesses their testimony to refresh their memory.

3.7.10

CHALLENGING TO A DUEL a. What law punishes the crime of Challenging to a Duel?

Revised Penal Code Article 261

b. What are the elements of Challenging to a Duel? 1. A duel is a combat with

deadly weapons between 2 persons under certain agreed and prescribed rules. The
person who killed or inflicted physical injuries upon his adversary, or both
combatants in any other case, as principals. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Challenging to a Duel? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence –
Autopsy, weapon used and other Forensic reports Other relevant evidence

3.

4.

3.7.11

MUTILATION a. What law punishes the crime of Mutilation? Revised Penal Code Article
262

b. What are the elements of Mutilation?

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1.

The offense committed is mutilation, or lopping or clipping off any part of the
body of the victim or castrating the organs necessary for reproduction. The offense
is done intentionally and purposely. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Mutilation? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Medical results, weapon used and Forensic reports. Other relevant
evidence

3.

4.

3.7.12

SERIOUS PHYSICAL INJURIES a. What law punishes the crime of Serious Physical
Injuries? Revised Penal Code Article 263

b. What are the elements of Serious Physical Injuries? 1. The injured person
becomes insane, imbecile, impotent or blind. Injured party loses speech, hearing
and smelling power or loses an eye, hand, foot, arm, leg or the use of such member,
or becomes incapacitated for work. Injured persons a) becomes deformed; or b) loses
any other member of his body; or c) loses the use thereof; or d) becomes
incapacitated to work for more than 90 days. Injured person is incapacitated for
more than 30 days but not more than 90 days. The offender has no intent to kill.
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2.

3.

4.

5.
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6. c. Injuries? 1.

Other analogous acts

What is the evidence needed to file a crime of Serious Physical

Testimonial witnesses.

Evidence

Affidavit

of

complainant

and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Medical examination, weapons used and Forensic reports. Other
relevant evidence

3.

4.

3.7.13

ADMINISTERING INJURIOUS SUBSTANCES law punishes the crime of Administering

Injurious

a. What Substances? -

Revised Penal Code Article 264

b. What are the elements of Administering Injurious Substances? 1. 2. 3. There must

not be intent to kill. The injuries produced are grave in character. The offender
was aware that the substance administered may be detrimental to the victim’s
health. Other analogous acts

4.

c. What is the evidence needed to file a crime of Administering Injurious

Substances? 1. Testimonial witnesses. Evidence – Affidavit of complainant and

2.
Documentary Evidence – photographs, videos, police reports and other documents.

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3.

Object Evidence – Medical examination, administered and Forensic reports. Other

relevant evidence

substance

4.

3.7.14

LESS SERIOUS PHYSICAL INJURIES a. What law punishes the crime of Less Serious
Physical Injuries? Revised Penal Code Article 265

b. What are the elements of Less Serious Physical Injuries? 1. The period of
incapacity for labor is for 10 days not more than 30 days or needs medical
attendance for the same period. The wound requires medical attendance for only 2
days but the injured party was prevented from attending to his ordinary to his
regular employment for a period of 29 days, the injuries are less serious.
(Trinidad 4 Phil. 152) Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Less Serious Physical Injuries?
1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – Medical
results, weapons used and Forensic reports Other relevant evidence

3.

4.

3.7.15

SLIGHT PHYSICAL INJURIES AND MALTREATMENT

a. What law punishes the crime of Slight Physical Injuries and Maltreatment?
Revised Penal Code Article 266

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b. What Maltreatment? 1. 2.

are

the

elements

of

Slight

Physical

Injuries

and

There is no evidence of actual injury. The offense is considered ill treatment.

Other analogous acts

3.

c. What is the evidence needed to file a crime of Slight Physical Injuries and
Maltreatment? 1. Testimonial witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – medical results. Other relevant evidence

3. 4.

3.7.16

RAPE a. What law punishes the crime of Rape? Revised Penal Code Article 266 amended
by RA 8353

b. What are the elements of Rape? 1. Rape is committed by a man who shall have
carnal knowledge of a woman under any of the following circumstances: a) b) Through
force, threat or intimidation; When the offended party is deprived of reason or is
otherwise unconscious; By means of fraudulent machination or grave abuse of
authority; When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned above be present.
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c)

d)
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2.

By any person who, under any of the circumstances mentioned in par. 1 hereof, shall
commit an act of sexual assault by inserting his penis into another person’s mouth,
anal orifice, or instrument or object, into the genital or anal orifice of another
person. (RA 8353) Rape is qualified under the following circumstances: a) When the
victim is under 18 years old and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree, or
the common law spouse of the parent of the victim; When the victim is under the
custody of the police or military authorities or any law enforcement or penal
institution; When the rape is committed in full view of the spouse, parent, any of
the children or other relatives within the third civil degree of consanguinity;
When the victim is a religious engaged in legitimate religious vocation of calling
and is personality known to be such by the offender before or at the time of the
commission of the crime; When the victim is a child below 7 years old; When the
offender knows that he is afflicted with human Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is transmitted to the victim; When
the offender is a member of the armed forces of the Philippines or para-military
units thereof or the Philippines National Police or any law enforcement agency or
penal institution, when the offender takes advantage of his position to facilitate
the commission of the crime; When by reason or on the occasion of the rape, the
victim suffered permanent physical mutilation or disability;

3.

b)

c)

d)

e)

f)

g)

h)

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i)

When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the offended party at the time of
the commission of the crime.

j)

4.

Other analogous acts

NOTE: 1. Under RA 8353 which amended the Penal Code, on October 22, 1997, a male or
female can now commit rape. “Effect of pardon” – The subsequent valid marriage
between the offender and the offended party shall extinguish the criminal action or
the penalty imposed. In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended party shall extinguish the
criminal action not be abated if the marriage be void ab initio.

2.

3.

c. What is the evidence needed to file a crime of Rape? 1. Testimonial witnesses.

Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Medical records, seminal/DNA Test, weapons used and other
forensic reports. Other relevant evidence

3.

4.

3.8.

CRIMES AGAINST LIBERTY 3.8.1 KIDNAPPING AND SERIOUS ILLEGAL DETENTION

a. What law punishes the crime of Kidnapping and Serious Illegal Detention?

Revised Penal Code Article 267 amended by RA 7659

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b. What are the elements of Kidnapping and Serious Illegal Detention? 1. Any
private individual who shall kidnap or detain another, or in any other manner
deprive him of his liberty. The kidnapping or detention shall have lasted more than
three (3) days. Any serious physical injuries shall have been inflicted upon the
person kidnapped or detained or if threats to kill him shall have been made. The
person kidnapped or detained shall be a minor, except when the accused is any of
the parents, female or a public officer. Other analogous acts

2.

3.

4.

5.

NOTE: 1. The gravamen of the offense is actual confinement or restraint or

deprivation of the victim’s liberty. Ransom is the money demanded as a condition
for the release of a person being deprived of his liberty or any other person, even
if none of the circumstances above is present, kidnapping or serious illegal
detention was still committed. The offense of kidnapping connotes transporting the
offended party one place to another while, illegal detention focuses on one
restrained of his liberty/locomotion without necessarily transporting him from one
place to another. Serious Illegal Detentions is committed when the illegal
detention lasts for 3 days, or the offended party is a) a minor; b) female; or c)
public officer even when the detention lasts only for minutes, or committed by
simulation of authority, or threats to kill are made and physical injuries are
inflicted. When the victim is killed or dies as a consequence of the detention, or
is raped or is subjected to future or dehumanizing acts, the maximum penalty
(death) shall be imposed.

2.

3.

4.

5.

c. What is the evidence needed to file a crime of Kidnapping and Serious Illegal
Detention?
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1.

Testimonial witnesses.

Evidence

Affidavit

of

complainant

and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Medical records, autopsy, seminal/DNA Test, weapons used and
other forensic reports. Other relevant evidence

3.

4.

3.8.2

INVESTIGATION PROCEDURES ON KIDNAP FOR RANSOM INCIDENTS a. Introduction

The crime of Kidnap for Ransom is not only a serious crime; it is also a critical,
life-threatening incident, violating the victim’s freedom; furthermore, it
undermines human rights. By nature, it is a heinous crime that has become a social
menace due to its adverse effect on the security (peace and order), political and
economic stability of the government. Its prevalence raises fears and doubts among
the general public and discourages investments. The objective of this section is to
provide police investigators with a practical tool in strengthening their capacity
and effectiveness in the investigation of kidnap for ransom cases. b. What is
Kidnap for Ransom? The unlawful taking and carrying away of a person by force or
fraud or against his will, or in any manner depriving him of his liberty for the
purpose of extorting ransom as payment for his release. c. Elements of Kidnap for
Ransom: 1. 2. The offender is a private individual; He kidnaps or detains another,
or by any means deprives the latter of his liberty; The act of detention and
kidnapping must be illegal; The purpose of kidnapping is to extort ransom from the
victim or any other person.
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3. 4.
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One of the elements requires that the offender must be a private individual. If the
offenders are police officers who kidnap, detain, and deprive another’s liberty for
the purpose of extorting ransom, these officers are committing the crime of KFR in
their private capacity. They can be held liable for the crime of KFR because they
acted not in the line of duty, kidnap, detain, and deprive a person’s liberty for
ransom or personal reason. In a case entitled People vs. PO2 Murphy Uddin et al;
PO2 Murphy Uddin, PO1 Casem Ote, and PO1 Papeniano Razos kidnapped, detained, and
deprived Amelia Barreto’s liberty on July 18, 2003 in QC for the purpose of
extorting ransom. Hon. Judge Alexander S. Balut of Br. 76 QC RTC sentenced the 3
policemen to suffer the penalty of Reclusion Perpetua. d. Key Elements in
Responding to KFR Any alleged KFR is a serious incident with potentially life-
threatening consequences. Its investigation requires the collection, timely
analysis and careful and effective use of information. Investigators, specially the
case officer, will be required to exercise judgment and to make difficult
decisions. Many acts of kidnapping are well-planned. Though sometimes, it may occur
at the spur of the moment. Regardless of the motive, each kidnapping is likely to
be unique and extremely challenging for law enforcement authorities. It is vital
for police staff at all levels to be trained to understand the basic principles of
countering KFR and their own potential role in reacting to it. The skill and
experience of case officers (and prosecutors) vary. In some countries, the rate of
kidnapping continues to be low, but it is still necessary to be prepared to deal
effectively with KFR cases should they occur. Regardless of these differences, it
is possible to identify a number of key elements, or general principles, in an
investigation of an alleged kidnapping that are common to most cases and which the
case officer needs to consider. e. Objectives of the Kidnapping for Ransom
Investigation The objectives of the kidnapping for ransom investigation are as
follows: 1. 2. 3. 4. To preserve life; To ensure prompt and safe return of the
victim; To protect and support the family of the victim; To ensure public safety;
and
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5.

To gather information, intelligence and evidence leading to the solution of the

case, eventual arrest and conviction of the offenders.

f. Procedures to be undertaken during a kidnap for ransom incident: Responsibility

of the Desk Officer 1. 2. Record the incident in the Police Blotter as a Missing
Person Case for validation; Immediately inform the Chief of Police of the incident.

g. Responsibility of the Chief of Police The Chief of Police upon validation of the
KFR incident shall refer the case to the Crisis Management Committee (CMC)
responsible for the investigation of kidnap for ransom cases. h. For KFR
victim/suspects Intercepted in a Checkpoint 1. Refer to General Investigative
Procedures (Chapter III Investigative Procedures) - if the case is KFR, blotter the
incident as Missing Person case. Inform the Chief of Police as soon as possible -
the COP will initially take cognizance of the case and make a formal turnover of
the case to the CMC.

2.

i.

Prohibition

Do not send a patrol car or police officer to the scene unless the alleged KFR
needs immediate action and occurring in public view. (The purpose of this
prohibition is to avoid any indication that law enforcement agencies have been
informed of the KFR incident). j. Duties of the Investigator assisting in the
investigation of KFR case: 1. 2. Assist in the conduct of victimology; and In case
the abandoned motor vehicle used in the kidnapping is recovered: a) b) Treat the
motor vehicle similar to a crime scene; Secure the motor vehicle and request for
SOCO assistance; and

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c)

Refer to General Investigative Procedures (Chapter III Investigative Procedures).

k. Investigation Procedures in Handling Kidnap for Ransom Incidents Receipt of the

complaint 1. 2. Accomplishment of a complaint document; Assignment of the case –
The Investigator on case and Case Officer shall be designated to handle the case.
The Investigator on case should maintain a logbook of all cases referred to him,
either in person or through communications, recording therein the nature/facts of
the case, name of complainant, name of the investigator and the date it was
assigned. Written report – based on the initial investigation, the Investigator on
case and Case Officer should prepare a written report; Taking of statements – The
investigator on case should then take the sworn statements of the complainant and
witnesses. If arrested suspect/s is willing to give a confession he should be
assisted by a counsel of his own choice. At this stage, the Case Officer should
exert all efforts to gather all evidence relevant to the case; The taking of
statement from a female victim shall be made by a female investigator. Determine
Modus Operandi a) KFR group scouts for a potential victim through an informer whose
work is to acquire targets for the group. To facilitate the groups operation, a
member is made to seek employment such as drivers or household help or have a
business transaction to gain access and control of the victim; KFR group conducts a
thorough study of background of the potential victim. Study the victim’s background
such as capability to pay the ransom and his daily movements and activities;
Execution of the plan at an opportune time. In coordination with their inside man,
the group snatches
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3.

4.

5.

6.

b)

c)
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the victim in a manner that would not catch attention from the public, by blocking
the victim’s car using vehicle with siren to simulate a legitimate police
operation. Sometimes the victim is accosted for being involved in illegal drugs to
obtain physical control on him. Victim is brought to a Safe House (SH) usually
outside of the urban area while ransom for his release is negotiated.

d)

Handling of KFR Case – the purpose of recording the incident as Missing Person case
and refrain unnecessary publicity of the same, is to avoid any indication that law
enforcement agencies have been informed of the KFR incident; The victim’s family
should be informed about this concept of the PNP in handling KFR cases, such as,
the primary concern is the safety of the victim, and no police action until the
victim is safely released.

7.

Conduct of Victimology (Victim Profiling) – Victimology/Victim Profiling includes

complete information regarding the victim’s physical description, normal behavioral
patterns, the family dynamics and their known friends and acquaintances. Conduct of
Neighborhood Investigation – Is directed toward the discovery of evidence
accidentally or intentionally left by the suspects in the crime scene that can
provide the investigators with valuable investigative lead in solving a case.
Release of Victim – Debriefing should be conducted by the CMC after the release of
the victim from the custody of the kidnappers and submit the victim to medical
examination. The investigator on case should then take the victim’s statement. All
relevant and material facts occurred during the victim’s captivity must be included
in the statement to strengthen the case against the respondent.

8.

9.

10. Debriefing – Conducted after the release of the KFR victim from the hands of
the kidnappers to determine the latter’s motive and modus operandi, identity of the
kidnappers, their armaments, vehicles, and location of their safe house. The
purpose of debriefing is to receive information from a KFR victim after his or her
release from the hands of the kidnappers and to instruct the KFR victim as to what
information can be released to the public and what information is restricted.
Another purpose of debriefing is to assess the KFR victim and reunite him with his
family as soon as possible.

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11. Backtracking – Conducted after the release of the KFR victim from the hands of
the kidnappers to gather and trace evidence needed by the investigator handling the
case. The purpose of backtracking is to return to the previous places traveled by
the kidnappers during the victim’s abduction for gathering of valuable
investigative leads in the identification of the kidnappers and location of their
safe house.

12. Hot Pursuit – Law enforcers are presumed to regularly perform their official
duties. Warrantless arrest conducted by them after a hot pursuit are made in
compliance with the requirements on rules on warrantless arrest.

13. Lawful Warrantless Arrest – Warrantless arrest is made after an offense of KFR
has just been committed and the arresting officers have personal knowledge of facts
indicating that the persons to be arrested have committed it. (Section 5 (b), Rule
113, Rules on Criminal Procedure). In the preparation of the affidavit of arrest,
all relevant and material facts made before, during, and after the arrest must be
included to strengthen the case against the respondents. Inform the arrested
persons of the reason of their arrest and apprise them of their constitutional
rights. As usual, all the necessary documentation must be prepared - the booking
sheet and arrest report, fingerprint cards, and submit the arrested persons for
medical examination. (Sec 5 (b) Rule 113 of RCP – an arrest without a warrant can
be made by a peace officer or private citizen 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).

14. Recovered Evidence – Photograph and make an inventory with complete markings
upon recovery of the evidence.

15. For cell phone messages used in the negotiation for the release of the KFR
victim, preserve it and inform the service provider immediately. 16. For motor
vehicle used in the KFR – treat the evidence motor vehicle similar to crime scene.
Record the circumstances of recovery and conduct technical inspection in the
presence of 2 witnesses. Secure the evidence vehicle and direct the investigator
concern to assist the SOCO for proper processing. Proper examination of the
evidence vehicle will reveal the presence of evidence that may provide the
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investigator with valuable investigative lead and to build a strong case against
the respondents. Determine the registered owner of evidence motor vehicle with the
Land Transportation Office (LTO).

17. For evidence firearm – determine the registered owner through the PNP Firearms
and Explosives Division (FED).

18. Kidnappers’ Safehouse is Located – Coordinate with local police and SOCO to
investigate and process the crime scene. Fingerprints of the KFR victim lifted in
the crime scene is a proof that he or she was kept therein. Pieces of DNA evidence
of the victim and suspects must also be preserved. Proper examination of the SH or
crime scene will reveal the presence of evidence that may provide the investigator
with valuable investigative leads and build a strong case against the respondents.

19. Artist’s Sketches of Suspects – Advise the KFR victim and witnesses to provide
the description of the suspects to the artist. In many cases the photograph of
suspects are not available and the best substitute are the artist’s sketches based
on the recollection of the eye witnesses.

20. Rouge’s Gallery – Show to the KFR victim and witnesses the rouge’s gallery of
KFR suspects for positive identification. In some instances, the rouge’s gallery
will lead to a positive identification of the suspects by the complainant and/or
witnesses.

21. Invitation of Suspects – Invitation for suspects to appear before the

investigating office should be signed by the Chief of Office or his deputy and duly
recorded in a logbook intended for this purpose. The result of the invitation
should be filed in the case folder to form part of the records of the case.
Invitation of the suspect to appear before the investigating office is a part of
the Custodial Investigation. The questioning of the person invited in connection
with an offense he is suspected to have committed is crucial to the case.

22. Extra-Judicial Confession – A suspect’s confession is indispensable in a case

where there is a conspiracy to be established by evidence. In a case, People vs.
Sosing, (111 SCRA 368, 376-377) – A confession made by an accused is admissible
only against him and not against his co-accused who did not in any manner take part
in the said confession,
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except where there is conspiracy established by evidence other than the confession
itself.

23. Case Referral – The case officer should prepare the case referral to the
inquest prosecutor for the latter’s appropriate recommendation. Case referral and
related documents needed by the Prosecutor should be reviewed by the Legal Officer
for his appraisal, evaluation, recommendation, and legal advice.

24. Collation of evidence – Interview witnesses at the place where the victim was
kidnapped and released, if possible look for any establishment within the area
equipped with CCTV and request for copy of coverage. Ensure careful and orderly
collection prior to proper marking of the pieces of evidence obtained.

25. Progress Report – a progress report should be submitted by the Case Officer
regarding the apprehension of other suspects, recovery of the evidence and all
other development of the case;

26. Documentation – once the suspects have been apprehended and duly investigated,
the investigator on case should prepare the affidavit of apprehending officers and
the Case Officer should prepare the corresponding referral to the Inquest
Prosecutor for appropriate recommendation;

27. Case preparation/analysis – before the Investigator on case and Case Officer
file the case with the Prosecutor’s Office, the case should first be reviewed by
the Legal Officer for appraisal, evaluation, recommendation and legal advice;

28. Preparation of a case for trial –Trial Preparation – Prior to testifying in a

case, the police witness should have a case conference with the prosecutor handling
the case for the preparation of his testimony to avoid errors, confusions, and
inconsistencies. A police witness should review the case records for the purpose of
comparing and correlating the statements and other investigative materials before
taking the witness stand.

29. Testifying in Court – The police witness should study his case before taking
the witness stand, by doing proper preparation prior to the scheduled hearing.
Never memorize stet testimony, just know the facts but do not try to say things
word for word. You will look rehearsed during your testimony and
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then you will not be able to handle cross examination, where questions are not in
sequence. During cross examination, avoid looking at your Prosecutor when answering
questions. This looks like you are asking for help and the Judge might interpret
this as a damaging question even though your answers make perfectly good sense.

30. Monitoring of cases – Case Monitoring – Case monitoring division is in-charge

of the continuous monitoring of the court proceedings of all filed cases in
coordination with the prosecutors, complainant, and witnesses to ensure conviction.
The investigators’ job does not end upon the filing of the case before the
Prosecutor’s Office. The case should be continuously monitored up to its final
resolution.

3.8.3

SLIGHT ILLEGAL DETENTION a. What law punishes the crime of Slight Illegal
Detention? Revised Penal Code Article 268

b. What are the elements of Slight Illegal Detention? 1. If the illegal detention
is not attended by any of the 5 circumstances enumerated in Art. 267, the illegal
detention is SLIGHT punishable under Art. 268. Illegal detention necessarily
includes coercion. The offender releases the victim within 3 days without
accomplishing his purpose and provided the criminal /action has not been instituted
yet. Other analogous acts

2. 3.

4.

c. What is the evidence needed to file a crime of Slight Illegal Detention? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – Medical
records, weapons used and other forensic reports
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4.

Other relevant evidence

3.8.4

UNLAWFUL ARREST a. What law punishes the crime of Unlawful Arrest? Revised Penal
Code Article 269

b. What are the elements of Unlawful Arrest? 1. A private person effects an arrest
without legal or reasonable ground. The purpose of arrest is to deliver the
arrested person to the proper authorities. The detention is merely incidental to
the offender’s primary intention to charge the offended party for a crime not
actually committed. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a crime of Unlawful Arrest? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Medical records, weapons used and other forensic reports. Other
relevant evidence

3.

4.

3.8.5

KIDNAPPING AND FAILURE TO RETURN MINOR a. What law punishes the crime of Kidnapping
and Failure to Return

Minor?

Revised Penal Code Article 270

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b. What are the elements of Kidnapping and Failure to Return Minor? 1. 2. The
offender has custody of the minor. The offender deliberately fails to restore the
minor to his parents or guardian. Other analogous acts

3.

c. What is the evidence needed to file a crime of Kidnapping and Failure to Return
Minor? 1. 2. Testimonial Evidence – Affidavit of complainant and witnesses
Documentary Evidence – photographs, videos, police reports and other documents
Object Evidence – Medical records, and other forensic reports Other relevant
evidence

3.

4.

3.8.6

INDUCING A MINOR TO ABANDON HOME a. What law punishes the crime of Inducing a Minor
to Abandon

Home? Revised Penal Code Article 271

b. What are the elements of Inducing a Minor to Abandon Home? 1. The inducer must
have moral ascendancy over the minor induced. The offender induced the minor to
abandon his or her home. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Inducing a Minor to Abandon Home?
1. 2. Testimonial Evidence – Affidavit of complainant and witnesses Documentary
Evidence – photographs, videos, police reports and other documents

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3.

Other relevant evidence

3.8.7

SLAVERY a. What law punishes the crime of Slavery? Revised Penal Code Article 272

b. What are the elements of Slavery? 1. 2.

The offender purchases, sells, kidnaps or detains person. The purpose is to enslave
the victim Other analogous acts

3.

NOTE: When the offender takes the victim and transports him or her to another place
purposely for forced labor or sexual exploitation the crime committed is
Trafficking in Person or violation of RA 9208. c. What is the evidence needed to
file a crime of Slavery? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – Medical
records, weapons used and other forensic reports Other relevant evidence

3.

4.

3.8.8

EXPLOITATION OF CHILD LABOR a. What law punishes the crime of Exploitation of Child
Labor? Revised Penal Code Article 273

b. What are the elements of Exploitation of Child Labor? 1. The offense consists of
retaining the services of a minor.
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2.

The purpose is for reimbursement of debt owed to the offender by the minor’s
ascendant or guardian or by a person entrusted with his custody. Other analogous
acts

3.

NOTE: This is already covered by RA 9208 and RA 7610 as amended by RA 7658 fully
covers punishable acts involving employment and exploitation of children. c. What
is the evidence needed to file a crime of Exploitation of Child Labor? 1. 2.
Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence – Medical
records, weapons used and other forensic reports Other relevant evidence

3.

4.

3.8.9

Service Rendered Under Compulsion in Payment of Debt

a. What law punishes the crime of Service Rendered under Compulsion in Payment of
Debt? Revised Penal Code Article 274

b. What are the elements of Service Rendered under Compulsion in Payment of Debt?
1. The offense is committed when the offender compels a debtor to work either as a
household servant or farm laborer. The purpose is to pay the latter’s debt. Other
analogous acts

2.

3.

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NOTE: When the offender takes the victim and transports him or her to another place
purposely for forced labor, the crime committed is trafficking in person or
violation of RA 9208. c. What is the evidence needed to file a crime of Service
Rendered under Compulsion in Payment of Debt? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – Medical
records, autopsy, seminal/DNA Test, weapons used and other forensic reports Other
relevant evidence

3.

4.

3.9

CRIME AGAINST SECURITY 3.9.1 ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF

ONE’S VICTIMS

a. What law punishes the crime of Abandonment of Persons in Danger and Abandonment
of One’s Victims? Revised Penal Code Article 275

b. What are the elements of Abandonment of Persons in Danger and Abandonment of

One’s Victims? 1. The offender fails to render assistance to a wounded or dying
person. The wounded and dying person is found in an uninhabited place. The offender
is in position to render assistance without risk to himself. Other analogous acts

2.

3.

4.

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c. What is the evidence needed to file a crime of Abandonment of Persons in Danger

and Abandonment of One’s Victims? 1. Testimonial witnesses. Evidence – Affidavit of
complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – Medical records, autopsy and other forensic reports. Other
relevant evidence

3.

4.

3.9.2

ABANDONMENT OF A MINOR a. What law punishes the crime of Abandonment of a Minor?

Revised Penal Code Article 276

b. What are the elements of Abandonment of a Minor? 1. 2.

The offender is having custody of a child below 7 years of age. The offender
abandons the child. Other analogous acts

3.

c. What is the evidence needed to file a crime of Abandonment of a Minor? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – Medical
records, autopsy, and other forensic reports Other relevant evidence

3.

4.

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3.9.3

ABANDONMENT OF MINOR BY A PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF

PARENTS

a. What law punishes the crime of Abandonment of Minor by a Person Entrusted with
His Custody; Indifference of Parents? Revised Penal Code Article 277

b. What are the elements of Abandonment of Minor by a Person Entrusted with His
Custody; Indifference of Parents? 1. The offenders are the parents who having the
means to give their children their education which the financial capability
warrants. The offenders fail to give their children education which their station n
life requires and financial condition permits. Other analogous acts

2.

3.

NOTE: RA 9262 and RA 7610 cover the abuses on children which includes physical,
economic, psychological and other forms of abuses. c. What is the evidence needed
to file a crime of Abandonment of Minor by a Person Entrusted with His Custody;
Indifference of Parents? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object evidence – Medical
reports Other relevant evidence

3.

4.

3.9.4

EXPLOITATION OF MINOR a. What law punishes the crime of Exploitation of Minor?

Revised Penal Code Article 278

b. What are the elements of Exploitation of Minor?

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1.

Any person who shall cause any boy or girl under sixteen years of age to perform
any dangerous feat of balancing, physical strength, or contortion. Any person who,
being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager
or engaged in a similar calling, shall employ in exhibitions of these kinds of
children under sixteen years of age who are not his children or descendants. Any
person engaged in any of the callings enumerated in the next preceding paragraph
who shall employ any descendant of his under twelve years of age in such dangerous
exhibitions. Any ascendant, guardian, teacher or person entrusted in any capacity
with the care of a child under sixteen years of age, who shall deliver such child
graciously to any person following any of the callings enumerated in paragraph 2
hereof, or to any habitual vagrant or beggar. Any person who shall induce any child
under sixteen years of age to abandon the home of its ascendants, guardians,
curators, or teachers to follow any person engaged in any of the callings mentioned
in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.

2.

3.

4.

5.

NOTE: RA 7610 as amended by RA 7658 and RA 9208 covers the prohibition in

exploitation of minors. c. What is the evidence needed to file a crime of
Exploitation of Minor? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – Medical
records, weapons used and other forensic reports Other relevant evidence

3.

4.

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3.9.5

QUALIFIED TRESPASS a. What law punishes the crime of Qualified Trespass? Revised
Penal Code Article 280

b. What are the elements of Qualified Trespass? 1. The offender enters another’s
dwelling against the will of the occupant. The entry is effected through violence
or intimidation. The dwelling embraces a room in a hotel, or a room in a house
where one resides as a boarder. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a crime of Qualified Trespass? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence – Medical
records, weapons used and other forensic reports Other relevant evidence

3.

4.

3.9.6

OTHER FORMS OF TRESPASS a. What law punishes the crime of Other Forms of Trespass?
Revised Penal Code Article 281

b. What are the elements of Other Forms of Trespass? 1. 2.

The offender entered closed premises. The offender entered unfenced estates with a
clear and manifest prohibition against entry therein. Other analogous acts
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c. What is the evidence needed to file a crime of Other Forms of Trespass? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence – Medical
records, weapons used and other forensic reports Other relevant evidence

3.

4.

3.9.7

GRAVE THREATS a. What law punishes the crime of Grave Threats? Revised Penal Code
Article 283

b. What are the elements of Grave Threats? 1. The threat is a future wrong designed
to inspire terror and produce alarm or discomfiture. The wrong of harm is in the
future and conditional. The threat leads to the commission of a crime. Other
analogous acts

2. 3.

4.

c. What is the evidence needed to file a crime of Grave Threats? 1. Testimonial

witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – weapons and other devices. Other relevant evidence

3.

4.

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3.9.8

LIGHT THREATS a. What law punishes the crime of Light Threats? Revised Penal Code
Article 283

b. What are the elements of Light Threats? 1. 2.

The offender threatens another. Money is demanded under threat. The threat does not
amount to crime. Other analogous acts

3.

4.

c. What are the evidences needed to file a crime of Light Threats? 1. Testimonial
witnesses. Evidence – Affidavit of complainant and

2.

Documentary Evidence – photographs, videos, police reports and other documents.

Object Evidence – weapons, devices or demand letters. Other relevant evidence

3.

4.

3.9.9

OTHER LIGHT THREATS a. What law punishes the crime of Other Light Threats? Revised
Penal Code Article 285

b. What are the elements of Other Light Threats? 1. 2.

The offender threatens another. The threat is made in the heat of anger. Other
analogous acts

3.

c. What is the evidence needed to file a crime of Other Light Threats? 1.

Testimonial Evidence – Affidavit of complainant and witnesses

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2.

Documentary Evidence – photographs, videos, police reports and other documents

Object Evidence – weapons and other devices Other relevant evidence

3.

4.

3.9.10

GRAVE COERCION a. What law punishes the crime of Grave Coercion? Revised Penal Code
Article 286

b. What are the elements of Grave Coercion? 1. Any person who prevents another from
doing something not prohibited by law. Any person who compels another to do
something against his will be it right or wrong. The prevention or compulsion is
effected by violence, either by material force or such a display of it as would
produce intimidation and control the will of the offended party. The offender had
no right to do so. Other analogous acts

2.

3.

4. 5.

c. What is the evidence needed to file a crime of Grave Coercion? 1. 2. Testimonial

Evidence – Affidavit of complainant and witnesses Documentary Evidence –
photographs, videos, police reports and other documents Object Evidence – weapons
and other devices Other relevant evidence

3. 4.

3.9.11

LIGHT COERCION a. What law punishes the crime of Light Coercion?

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Revised Penal Code Article 287

b. What are the elements of Light Coercion? 1. 2.

The offender seizes anything from another. The purpose of seizure is to apply the
same to the victim’s debt. Other analogous acts

3.

c. What is the evidence needed to file a crime of Light Coercion? 1. 2. Testimonial

Evidence – Affidavit of complainant and witnesses Documentary Evidence –
photographs, videos, police reports and other documents Object Evidence – weapons
and other devices Other relevant evidence

3. 4.

3.10

CRIMES AGAINST PROPERTY 3.10.1 ROBBERY a. What law punishes the crime of Robbery?
Revised Penal Code Article 293 - 298

b. What are the elements of the crime of Robbery? 1. 2. 3. 4. The personal property
belongs to another. The unlawful taking of that property. With intent to gain
(animus lucrandi). Violence against or intimidation of any person or force upon
things. The offense can be committed by a band or with the use of firearms on a
street, road or alley or by attacking a moving train, street car, motor vehicle or
airship or by entering or taking the passenger conveyance by surprise.
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6.

Other analogous acts

c. What are the evidences needed to file the crime of robbery? 1. 2. Testimonial
Evidence – Affidavit of complainant and witnesses Documentary Evidence –
photographs, videos, police reports and other documents Object Evidence – stolen
items, weapons and other devices Other relevant evidence

3. 4.

3.10.2

ROBBERY IN AN INHABITED HOUSE OR EDIFICE FOR WORSHIP AND PRIVATE BUILDING

a. What laws punish the robbery in an inhabited house or public or edifice devoted
for worship or in an uninhabited place or in a private building? Article 299 - 302

b. What are the elements of robbery in an inhabited house or public or edifice

devoted for worship or in an uninhabited place or in a private building? 1. The
culprit must enter the building where the object to be taken is found. The entrance
is effected by any of the following means through an opening not intended for
entrance, breaking any wall, roof or floor, outside door or window, using false
keys, picklocks or similar tools. The entrance is not required when the doors (of
furniture), wardrobes, chest or sealed furniture are broken or taking such object
away to be broken outside the place of robbery. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a crime of robbery in an inhabited house or

public or edifice devoted for worship or in an uninhabited place or in a private
building? 1. Testimonial Evidence – Affidavit of complainant and witnesses

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2.

Documentary Evidence – photographs, videos, police reports and other documents

Object Evidence – stolen items, weapons and other devices Other relevant evidence

3.

4.

3.10.3

BRIGANDAGE a. What law punishes the crime of Brigandage? Revised Penal Code Article
306-307

b. What are the elements of Brigandage? 1. 2. The offense is committed by at least

four armed persons. The offenders formed a band for the purposes of committing any
or all of the following: a) robbery in the highway; b) kidnap persons for ransom;
c) attain any other purpose through force and violence. There is a preconceived or
intended victim. Other analogous acts

3.

4.

NOTE: Those who profit from the loot are liable as aiding and abetting a band of
brigands. c. What is the evidence needed to file a crime of Brigandage? 1. 2.
Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence – stolen
items, weapons and other devices Other relevant evidence

3. 4.

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3.10.4

THEFT (HURTO) a. What law punishes the crime of Theft? Revised Penal Code Article
308

b. What are the elements of Theft? 1. 2.

Any personal property belonging to another. The personal property is taken with
intent to gain. The taking is without the owner’s consent. Absence of or without
violence or intimidation of persons or force upon things. Other analogous acts

3.

4.

5.

NOTE: Theft is consummated when the offender is able to take possession of the
thing. Once the thief has full possession of the thing, even if he did not have a
chance to dispose the same, theft is consummated. c. What is the evidence needed to
file a crime of Theft? 1. 2. Testimonial Evidence – Affidavit of complainant and
witnesses Documentary Evidence – photographs, videos, police reports and other
documents Object Evidence – stolen items, weapons and other devices Other relevant
evidence

3. 4.

3.10. 5

USURPATION a. What law punishes the crime of Usurpation? Revised Penal Code Article
312-313

b. What are the elements of the crime of Usurpation?

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1. 2.

The offender takes possession or real property or real right. The real property
belongs to another. The taking is through violence or by intimidation of persons.
The taking is with intent to gain. Other analogous acts

3.

4.

5.

c. What is the evidence needed to file a crime of Usurpation? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – real
property rights, weapons and other devices Other relevant evidence

3.

4.

3.10. 6

CULPABLE INSOLVENCY a. What law punishes the crime of Culpable Insolvency? Revised
Penal Code Article 314

b. What are the elements of Culpable Insolvency? 1. This offense is committed when
a debtor absconds with his property, real or personal, to the prejudice of his
creditors. Insolvency proceedings are not a requirement. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Culpable Insolvency? 1. 2.

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3.

Object Evidence – travel documents and transfer contracts Other relevant evidence

4.

3.10.7

ESTAFA a. What law punishes the crime of Estafa? Revised Penal Code Article 315

b. What are the elements of Estafa? 1. 2.

There is deceit. There is damage or prejudice to the offended party. The deceit is
through unfaithfulness or abuse of confidence. Some by means of false pretenses or
fraudulent acts or means. Other analogous acts

3.

4.

5.

c. What is the evidence needed to file a crime of Estafa? 1. Testimonial Evidence –

Affidavit of complainant and witnesses 2. Documentary Evidence – photographs,
videos, police reports and other documents 3. Object Evidence – stolen items,
weapons and other devices

4. Other relevant evidence

3.10.8

MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT

a. What law punishes the making or drawing and issuance of a check without
sufficient funds or credit? Batasang Pambansa Bilang 22

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b. What are the acts which constitute the crime of making or drawing and issuance
of a check without sufficient funds or credit? 1. Any person who makes or draws and
issues any check to apply on account or for value, knowing at the time of issue
that he does not have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment or would have been dishonored
for the same reason had not the drawer, without any valid reason, ordered the bank
to stop payment. Any person who, having sufficient funds in or credit with the
drawee bank when he makes or draws and issues a check, shall fail to keep
sufficient funds or to maintain a credit to cover the full amount of the check if
presented within a period of ninety (90) days from the date appearing thereon, for
which reason it is dishonored by the drawee bank. Other analogous acts

2.

3.

c. What is the evidence needed to file the actions for violations of BP 22? 1.
Testimonial Evidence – affidavit of the complainant and witnesses Documentary
Evidence – Notice from the bank for insufficiency of funds, demand letter, police
records and other pertinent documents Object Evidence – the check or any negotiable
instruments Other evidence relevant

2.

3.

4.

3.10.9

ESTAFA AND BOUNCING CHECKS INVESTIGATION

In Estafa cases, there are two elements that are indispensable: Fraud – the deceit
employed to defraud another and the other one is Damage – which is the injury or
damage caused. ESTAFA can be committed through falsification of a public and/or
commercial document. Elements of Estafa

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a. That the accused defrauded another by abuse of confidence, or by means of

deceit. 1. This element covers the three different ways of committing estafa under
Article 315 of the Revised Penal Code.Take note that Art. 315 have three
subdivisions, classifying the different forms of estafa according to the means by
which the fraud is committed, to wit: a) b) By means of false pretense or
fraudulent acts. Through fraudulent means.

These three may be reduced to two only. The first form under subdivision (i) if
known as estafa with abuse of confidence (the abuse of confidence takes the place
of deceit), and the second and third forms under subdivisions (ii) and (iii) cover
estafa by means of deceit. b. That damage or prejudice capable of pecuniary
estimation is caused to the offended party of a third person. This element is the
basis of the penalty. It is necessary that the damage or prejudice is capable of
pecuniary estimation because the amount or prejudice is the basis of the penalty
for estafa. c. Elements of estafa with abuse of confidence. 1. That there is false
pretense, fraudulent act or fraudulent means. That said pretense, fraudulent act or
fraudulent means be made or executed prior to or simultaneously with the commission
of the fraud. That the offended party relied on the false pretense, fraudulent
means, that is, he was induced to part with his money or property because of the
false pretense, fraudulent act or fraudulent means. That as a result thereof, the
offended party suffered damages.

2.

3.

4. d.

Estafa through falsification of public or commercial documents.

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When the offender commits on a document any of the acts of falsification under
Article 171 of the Revised Penal Code, as a necessary means to commit another
crime, like estafa, theft or malversation, the two crimes form a complex crime
under Article 48. The document, however, must be public, official or commercial. If
the falsification is committed to hide the crime of estafa, there are two separate
offenses of estafa and falsification. e. Payment made subsequent to the commission
of the crime of estafa does not extinguish criminal liability or reduce the
penalty, nor does it alter the nature of the crime. NOTE: Three Ways of Committing
Estafa 1. 2. By using fictitious name. By falsely pretending to posses: a) power;
b) influence; c) qualification; d) property; e) credit; f) agency; g) business or
imaginary transaction; and By means of similar deceit Altering the quality,
fineness or weight of anything pertaining to his art or business as when a jeweler
to whom is entrusted a diamond-studded ring changes the gem with lower quality.
Pretending to have bribed any government employee when in fact the offender
converted for his use the money taken under the pretext of a bribe. Estafa by:
Obtaining food/accommodation without paying thereof, or obtaining credit by the use
of false pretense; or abandoning or surreptitiously credit and food without paying
thereof. Estafa by inducing another to sign my document.

3.

Estafa by resorting to fraudulent practice to insure success in a gambling game.

Estafa by removing or concealing any court record office files.

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3.10.10

ESTAFA THROUGH ISSUANCE OF POSTDAING OF CHECK WITHOUT FUNDS a. Elements 1. That the
offender has postdated or issued a check in payment of an obligation contracted at
the time of postdating or issuance of such check, not pre-existing at the time of
payment. That at the time of the postdating or issuance of said check, the offender
had no funds or the funds deposited were not sufficient to cover the amount of the
check. a) The offender has postdated or issued a check in payment of an obligation
contracted at the time of the postdating or issuance of such check; He postdated or
issued such check knowing at the time that he had no funds in the bank or the funds
deposited by him in the bank were not sufficient to cover the amount of the check;
He did not inform the payee of such circumstances; The payee had been defrauded.

2.

b)

c) d)

b. It is still essential that the check must be issued in payment of a simultaneous

obligation. So, if it was issued in payment of a pre-existing obligation, there is
no estafa since the accused obtained nothing for the said check. c. If a check was
issued as a mere guarantee, there is no estafa since it was not issued in payment
of an obligation. And when the postdated checks were intended merely as promissory
notes, there is also no estafa.

d. Good faith is a defense regarding the issuance of such checks. The payee’s
knowledge that the drawer has no sufficient funds to cover the postdated checks at
the time of their issuance negates estafa. e. Issuance of the check must be a MEANS
to obtain a valuable consideration from the payee (offended party.)

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3.10.11

THE BOUNCING CHECK LAW (BATAS PAMBANSA BLG. 22) Acts Penalized under BP22 includes:

a. The making, drawing or issuance of any check to apply on account or for value,
the drawer knowing at the time of issue that he does not have sufficient funds in
credit with the bank to pay the check in full when it is presented for payment. The
check is dishonored had not the drawer, without any valid reason, ordered the bank
to stop payment. b. The failure of any person who, having sufficient funds in or a
credit with the bank when he makes or draws a check, shall fail to keep sufficient
funds or to maintain in a credit to cover the full amount of the check if presented
within 90 days from the date of the check. As a result the check bounces. REMEMBER:
A bad check passer may be prosecuted both for estafa under the Revised Penal Code,
and under BP 22. This instance may arise when the bouncing check is issued to pay
an obligation incurred simultaneously with or in consideration of the check. If the
bouncing check was issued to pay a pre-existing obligation, the drawer is liable
only for violation of BP 22. If the payee is aware of the insufficiency or lack of
fund in the bank to cover the check at the time it was issued, the drawer may be
held liable for BP 22, not estafa since there is no deceit by the drawer. BP 22
applies even if the check is a crossed check, or a manager’s check or was just used
as a guarantee. Each act of drawing and issuing a bouncing check constitutes a
violation of BP 22. If the drawer has valid reason to stop payment, he could not be
held liable for BP 22;

3.10.12

PRELIMINARY STEPS a. Duly accomplished complaint sheet.

b. Interview the complainant to determine the extent of fraud and to establish the
following:

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1.

The amount of damage incurred by the suspects because the amount of the damage of
prejudice is the basis of the penalty. Establish whether it is committed by means
of false pretenses or fraudulent acts or means; or abuse of confidence which is
necessary in filing of cases.

2.

c. Obtain documentary evidence from the complainant to prove the offense, as

follows: 1. 2.

Transaction receipts Acknowledgement receipts Preferably at least three (3)

successive Demand Letters.

3.

d. If none, advise the complainant to make a necessary demand letter whether by

personal delivery or registered mail. e. Establish the amount of damage incurred
from the complainant and all the necessary elements of the offense.

f. Take down the Sworn Statement of the complainant.

g. File case for Violation of Estafa (Article 315).

3.10.13

CASE FOLDER: Estafa a. b. Tab A – Complaint sheet Tab B - Affidavit of

complainant/witnesses Tab C - Pieces of documentary evidence

c. 1. 2.

Transaction Receipts Acknowledgement receipts Demand Letter Invitation Letter, if

any

3.

4.

d. Tab D – Case referral for Violation of Article 315, RPC addressed to the
Prosecutor’s Office.
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3.10.14

PROCEDURES IN HANDLING CASES OF BOUNCING CHECKS (BATAS PAMBANSA BLG. 22) GENERAL
STEPS: a. Duly accomplished complaint sheet.

b. Interview the complainant to obtain facts and circumstances before taking the
sworn statements.

c. Obtain documentary evidence from the complainant for its probative value; 1. 2.
The bounced/dishonored checks issued by the suspect/s. Determine whether the
dishonored checks are issued checks without sufficient funds or issued with
evidence of knowledge of insufficient funds.

d. Make sure that the bounced checks was properly marked by the drawee bank
indicating therein whether the reason thereof, i. e., “Account Closed” or
“Insufficiency of Funds” e. Make necessary case referral before the Prosecutor’s
Office for Violation of BP 22.

3.10.15

CASE FOLDER: BOUNCING CHECKS a. Tab A – Complaint sheet b. Tab B - Affidavit of

complaint/witnesses

c. Tab C – Copy of demand letter

d. Tab D - Photocopy of dishonored postdated checks

e. Tab E - Case referral for Violation of Batas Pambansa Blg 22 addressed to the
Prosecutor’s Office

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3.10.16

ALTERING THE SUBSTANCE, QUANTITY OR QUALITY OF THINGS

a. What law punishes the crime of Altering the Substance, Quantity or Quality of
Things? Revised Penal Code Article 315 1-A

b. What are the elements of Altering the Substance, Quantity or Quality of Things?
1. Offender has an onerous obligation to deliver something of value. He alters its:
a) substance; b) quantity; c) quality Damage or prejudice is caused to another.
Other analogous acts

2.

3.

4.

c. What is the evidence needed to file the crime of Altering the Substance,
Quantity or Quality of Things? 1. 2. Testimonial Evidence – Affidavit of
complainant and witnesses Documentary Evidence – photographs, videos, police
reports and other documents Object Evidence – stolen items, weapons and other
devices Other relevant evidence

3.

4.

3.10.17

MISAPPROPRIATING/CONVERTING MONEY OR GOODS RECEIVED IN TRUST OR COMMISSION OR FOR

ADMINISTRATOR OR UNDER ANY OTHER OBLIGATION TO DELIVER OR RETURN

a. What laws punishes the crime of misappropriating/converting money or goods

received in trust or commission or for administrator or under any other obligation
to deliver or return? Revised Penal Code Article 315, 1- b

b. What are the elements of the crime misappropriating/converting money or goods

received in trust or commission or for administrator or under any other obligation
to deliver or return?
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1.

The accused receives personal property for administration, or under any obligation
involving the duty to make delivery of or to return, the same. For safekeeping or
on commission or for administration or under an obligation involving the obligation
to return the same but there is misappropriation or conversion or denial on his
part of such receipt. The offender misappropriates or converts the thing received
to the prejudice of another. That there is a demand made by the offended party on
offender. Other analogous acts

2.

3.

4.

5.

c. What is the evidence needed to file the crime of misappropriating/converting

money or goods received in trust or commission or for administrator or under any
other obligation to deliver or return? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – bank
records and other fund transfer Other relevant evidence

3. 4.

3.10.18

TAKING UNDUE ADVANTAGE OF THE SIGNATURE OF THE OFFENDED PARTY IN BLANK

a. What law punishes the crime of Taking Undue Advantage of the Signature of the
Offended Party in Blank? Revised Penal Code Article 315, 1- C

b. What are the elements of Taking Undue Advantage of The Signature of the Offended
Party in Blank? 1. 2.

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Any paper with the offended party’s signature in blank. Offended party delivers the
said paper to the offender.
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3.

Any document above the signature of the offended is written by the offender without
authority to do so. Prejudice to the offended party. Other analogous acts

4.

5.

c. What is the evidence needed to file a crime of Taking Undue Advantage of the
Signature of the Offended Party in Blank? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – bank
documents Other relevant evidence

3.

4.

3.10.19

OTHER FORMS OF SWINDLING a. What law punishes the crime of Other Forms of
Swindling? Revised Penal Code Article 316

b. What are the elements of Other Forms of Swindling? 1. 2. Any person who under
pretense as the owner of a real property sells or mortgages the same. Any person
knowing a real property to be encumbered and falsely representing the same to be
unencumbered disposes of the same. Any owner of a personal property wrongfully
taking it from its lawful possessor to the prejudice of the latter or any third
person. Any person who executes a fictitious contract to the prejudice of another.
Any person who accepts compensation for services which were not actually rendered
but given to him under the belief that they were performed. Any surety in a bond in
a civil or criminal case without court authority or before cancellation of his bond
sells or encumbers
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3.

4.

5.

6.
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the properties offered as collaterals for the issuance of the bond.

7.

Other analogous acts

c. What is the evidence needed to file a crime of Other Forms Of Swindling? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence – bank
documents and other transactions Other relevant evidence

3.

4.

3.10.20

SWINDLING A MINOR a. What law punishes the crime of Swindling a Minor? Revised
Penal Code Article 317

b. What are the elements of Swindling a Minor? 1. The offender takes advantage of
the inexperience or gullibility of a minor. The offender induces the minor to
assume an obligation or give release or to execute a transfer of any property right
in consideration of a loan or credit or other personal property. The inducement is
detrimental to the minor. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a crime of Swindling a Minor? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – bank
documents and other transactions Other relevant evidence
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3.

4.
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3.10.21

OTHER DECEITS a. What law punishes the crime of Other Deceits? Revised Penal Code
Article 318

b. What are the elements of Other Deceits? 1. Any person who shall defraud or
damage another by any other deceit. Any person who, for profit or gain, shall
interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity
of the public in any similar manner. Other analogous acts

2.

3.

c. What is the evidence needed to file a crime of Other Deceits? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – records
of transaction Other relevant evidence

3.

4. 3.10.22 ARSON

a. What are the laws governing Arson? PD 1613 which repealed Arts. 3 to 320-b of
the RPC RA 7659 as regards the imposition of death penalty.

b. What are the elements of the crime of Arson? 1. 2.

Any person burning a structure (edifice or building or dwelling). The burning is

intentional and with intent to damage the property. Other analogous acts

3.

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c. What are the evidences needed to file the crime of Arson? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence –
flammable substances and burned debris with forensic reports Other relevant
evidence

3.

4.

3.10.23

ARSON INVESTIGATION

As mandated by law, the Bureau of Fire Protection (BFP) shall have the power to
investigate all causes of fire and if necessary, file the proper complaint with the
City or Provincial Prosecutor who has jurisdiction over the case. The tasks and
responsibility of the fire arson investigators are not only limited to conducting
exhaustive investigations and filing of complaints with the prosecutor’s office,
but also includes the appearance and giving of testimonies before the court of law
during legal proceedings. It is provided in the rule that it is the prosecution who
has the burden of proof and the quantum of evidence is proof beyond reasonable
doubt. Once proven, the maximum highest penalty for the commission of arson is life
imprisonment under the present law since the abolition of the death penalty law.
Arson is a classic heinous crime that requires skillful, scientific and systematic
investigation procedures thus, the respective chiefs of the investigation and
intelligence offices of the BFP are enjoined to closely supervise the conduct of
the investigation in order to attain effective and plausible results. Specific
Investigative Procedures a. Arson Investigation Laws and Jurisprudence The criminal
offense of Arson is punishable under Articles 320 to 326-B of the Revised Penal
Code as amended by Presidential Decree 1613, 1744 and Section 10 of Republic Act
7659 (Heinous Crime Law). As mandated by the provisions of Section 50, Rule VIII,
Implementing Rules and Regulations of Republic Act 6975, otherwise known as the
Department of the Interior and Local
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Government Act of 1990, stipulates among others that the Bureau of Fire Protection
shall have the power to investigate all causes of fire and if necessary, file the
proper complaint with the City or Provincial Prosecutor who has jurisdiction over
the case. 1. Elements of Arson a) b)

Actual burning took place. Actual burning is done with malicious intent. The actual
burning is done by person(s) legally and criminally liable.

c)

2.

Levels of Offense for Arson a) ATTEMPTED ARSON - A gets a rag and soaks it in
kerosene with intent to burn the house of B, his enemy. A puts the rag in a
combustible portion of B’s house and when in the act of striking his match in order
to burn the rag soaked with kerosene, A is arrested by a policeman who happens to
pass by. - A begins the commission of the felony directly by overt acts but does
not fulfill all the acts of execution necessary to produce the felony by reason of
the timely arrival of the policeman. b) FRUSTRATED ARSON - A, with intent to burn,
puts the rag soaked with kerosene in the combustible part of B’s house. A lights
the rag and while it is burning, A runs away. Before the fire from the rag consumes
any part of the house, B discovers it and extinguishes the fire. - A had already
performed all the acts of execution necessary to produce the felony but the felony
was not produced by the reason of the timely arrival of B, which is independent of
the will of A. c) CONSUMMATED ARSON - A, with intent to burn, lights a rag soaked
with kerosene in the combustible part of B’s house. But before the fire was
extinguished by B, it had already burned a small portion of the house. - A had
already performed all the acts of execution necessary to produce the felony. The
consummation of
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the crime does not depend upon the extent of damage caused. Any charring of the
wood or any structure, whereby the fiber of the wood is destroyed, is already
sufficient. It is not necessary that the wood or structure should be ablaze.
Setting fire to the contents inside the building can constitute consummated crime
of arson, whether if no part of the building was burned. 3. Authority in the
conduct of Fire / Arson Investigation The investigation of all fire incident and
arson cases shall be referred to or turned over to the Bureau of Fire Protection,
in reference to the provisions of Section 50, R.A. 6975. b. Supplemental Guidelines
on Arson Law 1. It is a well-settled principle of criminal law that a conviction
for a crime cannot be unless the corpus delicti is established. (State v. Sullivan,
17 L. R. 902). To establish the corpus delicti in arson, the proof of two elements
is required: a) b) The burning of the house or other thing, and The criminal group
that caused it. (Spears v. State, 16 LRA (N.S.) 285; People v. Ong Chiat Lay, 60
Phil. 788).

2.

Arson is established by proving the corpus delicti, usually in the form of

CIRCUMSTANTIAL EVIDENCE such as the criminal agency, meaning the substance used,
like gasoline, or other combustible materials which caused the fire. It can also be
in the form of electrical wires, mechanical, or electronic contrivance designed to
start a fire; or ashes or traces of such objects which are found in the ruins of
the burned premises. If the crime of ARSON was employed by the offender as a means
to kill the offended party, the crime committed is MURDER. The burning of the
property as the MEANS to kill the victim is what is contemplated by the word “fire”
under Article 248 of the Revised Penal Code which qualifies the crime to MURDER.
When the burning of the property was done by the offender only to cause damage but
the ARSON resulted in the DEATH of the person, the crime committed is still ARSON
because the

3.

4.

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death of the victim is a mere CONSEQUENCE and not the INTENTION of the offender.

5.

There is no special complex crime of ARSON WITH HOMICIDE. What matters in resolving
cases involving arson is the CRIMINAL INTENT of the offender. When the burning of
one’s property results from reckless imprudence and it leads to serious physical
injuries and/or damage to property of another, the penalty to be imposed shall not
be for the crime of arson under P.D. 1613 but rather, the penalty shall be based on
Article 365 of the Revised Penal Code as a felony committed by means of culpa -
imprudence and negligence. (e.g. Reckless Imprudence Resulted to Damage to Property
/ Reckless Imprudence Resulted to Serious Physical Injuries)

6.

c. Basic Methods of Fire Investigation 1. Preservation of the Fire Scene a) b)

Consider the fire scene itself as evidence. Avoid contamination, loss or
unnecessary movement of physical evidence within the fire scene. Secure the fire
scene from unauthorized intrusion. Limit the access in the fire scene to those
persons who only need to be there.

c) d)

2.

Examination of the Fire Scene a) b)

Examination should be thorough. Analyze fire patterns. Trace fire spread.

c) d) e)

Identify areas and point of origin.

Identify the fuel involved. Establish the corpus delicti by eliminating all natural
or accidental causes.

f)

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3.

Recording the Fire Scene Take photographs of the following: a) b) Exterior Views.
Identification of the property / Signage or house addresses number. Out-building
and grounds / Aerial photographs. Interior of the building, room by room, in
logical sequence. The series of shots should start at the main door / entrance of
the premises going inside. Series of photographs should also depict unburned areas
of the building. Evidence, prior to removal, in close-up and wide angle shots. Use
of “Title Sheet” that shows identifying information of evidence is mandatory
(date / location of evidence / investigating team and other situational
information). Travel of fire or burn and flame spread patterns. Label each canister
of film used to prevent confusion or loss and maintain Photographic Log (photo
record).

c)

d)

e)

f)

g)

4.

Fire Scene Sketch A sketch is made to assist investigators in presenting a clear

picture of the involved building to the court. The detail maybe general
approximation or precise measurement. Supplemented by photographs, drawings of
damage patterns, good documentation of a fire scene can assist an investigator in
re-analyzing a fire scene if previously unknown information becomes available. The
sketch should clearly show the layout of the entire building. In commercial or
industrial buildings, the sketch should locate the standpipe, audible alarm bell,
elevators or any other pertinent factor involving the investigation of the fire.
The sketch should also show the position of evidence found at the fire scene. (See
also Chapter 2, Sketching the Crime Scene)

5.

Physical Evidence Examination and Testing (See also Chapter 6, Scientific Aids to
Criminal Investigation)
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a)

Physical evidence should be thoroughly documented before removal. Evidence must be

collected, identified, preserved and transported to the laboratory in the best
possible condition. Every effort should be made to prevent contamination of
materials secured as evidence. Containers for evidence may consist of thick self-
sealing plastic bags of various sizes, clean glass mason jars with rubber washers
and screw tops, metal cans with clean pressure or plastic lids, clean glass bottles
with screw caps, and card-board or plastic boxes of assorted sizes. Maintain the
security and integrity of physical evidence from the time of its initial recovery
and collection to its subsequent examination and testing. Evidence containing
latent prints should be protected so as not to smudge or destroy the prints. A
letter of instruction should be sent to the laboratory with the evidence,
describing the same and what the investigator expects the laboratory technician to
recover via the various laboratory processes.

b)

c)

d)

e)

6. 7.

Sources of Information Preliminary interview with the owners / occupants This

interview is conducted to ascertain the name(s) of owner(s) / occupant(s),
insurance data, employment, etc. Warning: Nothing should be said or implied during
this interview to indicate any suspicion about the person interviewed. Information
obtained in these preliminary contacts may provide a possible clue as to an
accidental fire, or leads on possible suspects and motives.

8.

Insurance Firm The insurance agent or broker will provide the name of the
company/ies, policy number(s), terms of the insurance and expiration dates,
mortgage payable clause, name of the adjuster, and whether or not the insurance was
in the period of cancellation. It should also be ascertained, from the agent /
broker who solicited the business, who suggested the amount
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of coverage and whether the premium payment was current or delinquent. The
insurance adjusters can provide complete insurance information regarding the loss.
Adjusters can also supply any statements taken from the assured and can be able to
provide a sworn proof of loss, which will include specific items claimed to be
damaged or lost and which may provided the investigator with information indicating
an attempted fraud. Adjusters frequently have access to the books (ledgers,
journals, inventories, etc.) of the business establishment involved in the fire.
Should the investigation indicate a probable fraud, the adjuster can request the
interested insurance company/ies to withhold payment during the course of the
investigation. 9. Neighborhood Inquiry When conducting a neighborhood inquiry,
interview persons within a wide area of the surrounding community. Interview the
person who discovered the fire, how he/she happened to be in the area, the location
of the fire when initially observed and other pertinent facts. Interview the person
who turned on the alarm. Obtain observations from neighbors concerning the fire,
prior to, during and after the fire. Ascertain the relationship of the
owners(s)/occupants(s) with the neighbors. Witness(es) may be able to provide
information relative to the insured’s domestic life, financial condition,
anticipated sale of the property and problems with the property such as flooding,
heating, change of routes, etc. It is sometimes useful to take statements from any
witnesses who appear to be hostile or who may later change their testimonies.
Remember you are seeking information. Do not divulge information to the witness/es.
10. Public Records Legal records: deeds, mortgages of real estate and chattels;
liens, encumbrance; local and national taxes; hospital and mental records.
Financial and credit information: building and loan associations; charge accounts;
public utilities (i.e., gas, water, electricity, telephone) servicemen (i.e.,
newsboy, milkman, etc.)

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Employment records, military records, school records, juvenile court records. d.

Questioning Principal Suspects 1. Prior preparation will determine when the
investigator should conduct the initial questioning. All background information
pertaining to the suspect and the matter under investigation should be known to the
investigators prior to the interview. Principal witnesses should be questioned
separately. The fewer the investigators present at the interview (two is an ideal
team), the more prone the suspect will be to divulge information. Statements: a)
Tape-recorded statements should be made on a permanent recording, for their
preservation to forestall any alterations and to ensure their availability to the
court, if necessary. Once started, a tape recorder should operate continuously. If
for any reason the recorder is shut off, the subject should be made aware of this
and when the recording is resumed, the reason for shutting off the recorder should
be noted. The subject should be asked if he/she was promised of any reward,
threatened, or forced to continue his / her statement. When shorthand notes are
being taken, the stenographer should be introduced to the subject. Some
investigators request the subject to initial all pages of the shorthand notes.
Statements may be narrative or question-and-answer type. There may be times when
the subject will write his own statement, and this is desirable. Statements should
contain a complete personal history of the principal subject, associates, complete
and accurate account of the purchases, lease of rental of the involved property,
any strikes, personnel problems, loss of business, neighborhood change, highway
changes, inventory, a complete account of his activities, prior to, during and
after the time of fire, etc.

b)

c)

d)

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e. Motives It is not essential to prove motive in obtaining a conviction for the

crime of arson. Establishing a motive does help in providing the reason why the
suspect committed the crime. The following motives for setting fires are wellknown
to investigators and are self-explanatory. 1. 2.

Fraud or Arson for Profit (mostly insurance claims related) Spite or Revenge To
cover-up another violation of law/Crime concealment Juvenile fire setters and
vandalism Pyromania/Psychological compulsion Mass civil disturbance (riot)
Terrorism

3.

4.

5.

6.

7.

f. Reporting Arson Investigation 1. Preliminary Report It is not necessary to go

into details in preparing a preliminary report. This report should be submitted to
the supervisor as soon as possible after preliminary investigation. The report
should include the followings: a) b)

Owner – his / her personal circumstances Occupants – their personal circumstances

Date and hours of fire (Time fire started and Fire Out) Location of fire, street
address, city or municipality, province Person requesting investigation and date of
request. Brief description of the building as to construction and occupancy.
Available insurance data:
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c)

d)

e)

f)

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1) 2) h)

Name and address of agent Name and address of adjuster

Investigator’s conclusion as to cause of the fire. Is it accidental? Suspicious?

Incendiary? Reason for closing the investigation. Accident report may be concluded
with the preliminary report. Reason for continuing the investigation. Note what
action is expected to be taken by the investigator. Date of preliminary
investigation Date of report This report should contain a resume of the facts and
information obtained during the course of the preliminary investigation. It should
cite the details for investigator’s conclusions.

i)

j)

k)

l)

m)

2.

Final Report This report contains a word picture of all information developed
during the investigation. All materials included should be concise, accurate and
complete, as it becomes a permanent record and may be used by prosecutors and
attorneys in the preparation of cases for trial. a) b)

Case number Date of report Name, title, address of person requesting investigation
and date of request Subject: owner(s) circumstances or occupant(s), and personal

c)

d)

e)

Date and hour of fire alarm Weather condition, specially wind direction and
strength. Complete and detailed descriptions of building: height, construction,
type of roof, wiring, plumbing, heating
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f)
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device, air conditioning, fuel load etc. (Attach sketch). If automobile or non-
structure fire, describe and give the serial number, license number, make, model,
etc. h) Location of loss. If in the city, give the street name and number and city
name. If rural, give mailing address, distance and direction from the nearest road
intersection, plot or lot number, etc. Occupants 1) Dwelling: List name, age, race,
relationship, present address, telephone number, place of employment. If multiple
dwelling, contact all occupants and obtain the above information. Commercial /
Institutions: List names, titles and addresses of all officer and supervisory
personnel.

i)

2)

j)

Fire History 1) Name and personal circumstances of person(s) who discovered or

reported the fire. Fire departments and companies responded and officers in charge.
Detailed history of the fire as learned from BFP personnel. In this paragraph, list
any unusual circumstances observed by firemen in extinguishing the fire.

2)

3)

k)

Insurance 1) List name, address, telephone number of company, amount of insurance,

date and number of policy and to whom it was issued. Agent’s name, address,
telephone number and name of company. Adjuster’s name, address, telephone number
and name of company.

2)

3)

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l)

Evidence What was found, the date, time, location and who now has custody; names;
titles and addresses of persons securing evidence; how marked; date and time
evidence was taken to the laboratory, receipt to be made a part of the report.
Report from laboratory should also be made a part of the report. Evidence should be
secured until the case is disposed of.

m)

Photographs Note the type of camera used to take the photos; the name, title and
address of the person taking the photos; the name and address of the person or firm
developing the prints; type of film used. List the order in which the photographs
were taken, and what each depicts. Note: who has custody of the negatives.

o)

Fingerprints It is desirable to include three copies of fingerprints and photos of

suspect(s) if available.

p)

Suspects 1) In case no charge is filed or will be filed until more information is

obtained, but the reporting officer has the name(s) of strong suspect(s), such
name(s) should be included here. State the names, aliases and nicknames of the
suspect(s), the present address, occupation, places of enjoyment, habits,
associates, family history, and past criminal records and physical descriptions.

2)

q)

Motive The investigator should describe in his own words the reason or reasons why
the suspect committed the crime. The suspect might have related his motives for the
commission of the crime, of they may be deduced from the statements of witnesses.

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r)

Modus Operandi Describe or narrate in investigator’s own words the method, system
or manner by which the suspect entered the building, such as by using a key,
forcing a window or door open. Also outline suspects’ actions before, during and
after the crime. Set forth all other relevant information that may be obtained,
outline from what sources these conclusions were drawn.

s)

Property List and describe the articles that were removed from the premises before
the fire, and if recovered, give the name and address of the holder. Also list and
describe any articles that the owner said were in the fire and which you were not
able to identify as being there. If the articles were recovered, take note the time
and date of recovery and where they were recovered. Secure a copy of the proof of
loss from the adjusters.

t)

Witnesses Give the names and personal circumstances of witnesses, their occupation,
reliability and availability. State what each can testify to and, if possible,
state whether a witness is prejudiced for or against the subject. Include a written
report of all statements obtained from witnesses. Lengthy statements may be
separated and attached to the report. Summarize statement in the report and refer
to the complete statement attached.

u)

Financial Reports Obtain reports of the financial status of owners, suspects or the
accused, i.e., bank statements, mortgage, debts, bankruptcy, etc,; credit reports;
information on sale of property. Information pertaining to deeds, titles, taxes,
etc. should be included in this paragraph.

v)

Court Action State the defendant’s name, ages, and addresses. Give the names and
addresses of the court’s presiding judge, the prosecutor and defense counsel.
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w)

Assisting Officers Police, and fire arson investigators of the Bureau of Fire
Protection, NBI agents, etc.

x)

Subsequent Reporting In submitting additional information, follow the outline, as

set forth, listing the information to be reported under the proper headings and in
the same, sequence, using only the captions applicable.

3.11

CRIMES AGAINST CHASTITY 3.11.1 ADULTERY a. What law punishes the crime of Adultery?
Revised Penal Code Article 333

b. What are the elements of Adultery? 1. 2. Adultery is committed by a married

woman who engages in sexual intercourse with a man other than her husband. The man
commits adultery if he knew the woman to be married at the time of sexual
intercourse. Other analogous acts

3.

c. What is the evidence needed to file a crime of Adultery? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Other relevant evidence

3.

3.11.2

CONCUBINAGE a. What law punishes the crime of Concubinage? Revised Penal Code
Article 334
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b. What are the elements of Concubinage? 1. 2.

Keeping a mistress in the conjugal dwelling. Having sexual and/or scandalous

circumstances with a woman who is not his wife. Cohabiting with her in any other
place. Other analogous acts

3.

4.

c. What is the evidence needed to file a crime of Concubinage? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Other relevant evidence

3.

3.11.3

ACTS OF LASCIVIOUSNESS a. What law punishes the crime of Acts of Lasciviousness?

Revised Penal Code Article 336

b. What are the elements of Acts of Lasciviousness? 1. The offender commits any act
of lasciviousness or lewd design. Under any of the following circumstances: a) by
using force or intimidation; or b) when the offended party is derived of reason or
otherwise unconscious; or c) when the offended party is under 12 years old. The
offended party is of either sex. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a crime of Acts of Lasciviousness? 1.

Testimonial Evidence – Affidavit of complainant and witnesses
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2.

Documentary Evidence – photographs, videos, police reports and other documents

Other relevant evidence

3.

3.11.4

ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY

a. What law punishes the crime of Acts of Lasciviousness with the Consent of the
Offended Party? Revised Penal Code Article 339

b. What are the elements of Acts of Lasciviousness with the Consent of the Offended
Party? 1. The lascivious acts are committed upon a woman who is a virgin or single
or widow of good reputation under 18 years of age but over 12 years or a sister,
descendant regardless of her reputation or age. The offender accomplishes the acts
by Abuse of authority, confidence, relationship or deceit. There is no sexual
intercourse. Only a female can be victim under this article. Other analogous acts

2.

3.

4.

5.

c. What is the evidence needed to file a crime of Acts of Lasciviousness with the
Consent of the Offended Party? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Other relevant evidence

3.

3.11.5

QUALIFED SEDUCTION a. What law punishes the crime of Qualified Seduction?

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Revised Penal Code Article 337

b. What are the elements of Qualified Seduction? 1. The offender party is a virgin
who is presumed unmarried and of good reputation. Over 12 and under 18 years of
age. With whom sexual intercourse is consummated through: a) abuse of authority; b)
confidence; or 3) relation on the part of the offender. Other analogous acts

2.

3.

4.

NOTE: Two modes of qualified seduction: 1. Seduction of a virgin over 12 but under
18 years of age by any of the following: a) a person in public authority; b) a
priest; c) house servant; d) domestic; e) guardian; f) teacher; and f) any person
entrusted with the custody or education of the woman. Seduction of a sister or
descendant, regardless of age, by her brother or ascendant. Virginity does not
refer to the physical attribute but a woman’s chaste character and good reputation.
Domestic and household servant contemplates all persons residing with the family
and who are members of the same household regardless of whether their residence may
be temporary or are merely paying for board and lodging. Unlike in simple
seduction, deceit is not necessary in qualified seduction. Under the second mode of
qualified seduction where the victim is a sister or descendant, age is immaterial.

2.

3.

4.

5.

6.

c. What is the evidence needed to file a crime of Qualified Seduction? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents
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3.

Object Evidence – Medical and other Forensic reports Other relevant evidence

4.

3.11.6

SIMPLE SEDUCTION a. What law punishes the crime of Simple Seduction? Revised Penal
Code Article 338

b. What are the elements of Simple Seduction? 1. 2.

The offended party is over 12 and under 18 years of age. Of good reputation, single
or widow. With whom sexual intercourse is committed Through deceit. Other analogous
acts

3.

4.

5.

NOTE: 1. Virginity is not essential but the woman must be unmarried and of good
reputation. The deceit usually takes the form of promise to marry.

2.

c. What is the evidence needed to file a crime of Simple Seduction? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence – Medical
and Forensic reports Other relevant evidence

3.

4.

3.11.7

WHITE SLAVE TRADE a. What law punishes the crime of White Slave Trade?
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Revised Penal Code Article 266 RA 9208 (Trafficking in Person)

b. What are the elements of White Slave Trade? 1. 2.

By engaging in the business of prostitution By profiting from prostitution By

enlisting the service of a woman for the purpose of prostitution Other analogous
acts

3.

4.

c. What is the evidence needed to file a crime of White Slave Trade? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Other relevant evidence

3.

3.11.8

FORCIBLE ABDUCTION a. What law punishes the crime of Forcible Abduction? Revised
Penal Code Article 342

b. What are the elements of Forcible Abduction? 1. Abduction of a woman, regardless

of age, civil status or reputation. Against her will. With lewd design on the part
of the offender. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a crime of Forcible Abduction? 1.

Testimonial Evidence – Affidavit of complainant and witnesses
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2.

Documentary Evidence – photographs, videos, police reports and other documents

Object Evidence – Medical and Forensic reports Other relevant evidence

3.

4.

3.11.9

CONSENTED ABDUCTION a. What law punishes the crime of Consented Abduction? Revised
Penal Code Article 343

b. What are the elements of Consented Abduction? 1. 2.

The offended party is over 12 and under 18 years of age. She is a virgin. The
taking away of the offended party must be with her consent or cajolery from the
offender. The abduction must be with lewd design. Other analogous acts

3.

4.

5.

c. What is the evidence needed to file a crime of Consented Abduction? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence

– photographs, videos, police reports and other documents Object Evidence – Medical
and Forensic reports Other relevant evidence

3.

4.

3.11.10

INVESTIGATION OF CASES INVOLVING WOMEN AND CHILDREN

a. How is the crime of Violence against Women and stet Children (RA 9262),
committed?

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Any act or series of acts committed by any person against a woman who is his wife,
former wife, or against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which results in or
is likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes but not limited to the
following acts: 1. 2.

Physical Violence Sexual Violence Psychological Violence Economic Abuse Duties of

Law Enforcers: a) Respond immediately to a call for help or request for assistance
or protection of the victim by entering the dwelling, if necessary, whether or not
a protection order has been issued, and ensure the safety of the victims;
Confiscate any deadly weapon in the possession of the perpetrator or within plain
view; Transport or escort the victim to a safe place of their choice or to a clinic
or hospital; Assist the victim in removing personal belongings from the house;
Assist barangay officials and other government officers and employees who respond
to a call for help; Ensure the enforcement of the Protection Orders issued by the
Punong Barangay or the courts; Effect the arrest of the suspected perpetrator by
virtue of a warrant except that a valid warrantless arrest may be conducted when
any of the acts of violence, or when he/she has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of
the victim; and

3.

4.

5.

b)

c)

d)

e)

f)

g)

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h)

Immediately report the call for assessment or assistance of the DSWD, Social
Welfare Department of LGU’s or accredited non-government organizations ( NGO’s)

Investigative Procedures a) Upon receipt of the complaint from the desk officer,
the Women and Children’s Protection Desk (WCPD) officer shall conduct initial
investigation and record the incident in the blotter purposely used by WCPD. Refer
and accompany the victim to the nearest PNP Crime Laboratory and/or government
hospital for appropriate medico- legal examination. It shall be the WCPD officer’s
duty to ensure that as far as possible, the examining physician must be of the same
gender as the victim, especially in sexual violence cases. In all investigations
involving children, the victim shall be accompanied by his/her unoffending parent,
guardian, or local social worker. In all investigations involving women other than
children in sexual abuse cases, only persons expressly authorized by the victim
shall be allowed by the WCPD officer inside a room where police investigations as
well as medical/physical examination are being conducted in private. Ensure the
confidentiality of identity of the victim and all other parties directly involved
with the case under investigation. For this purpose, the WCPD officer must maintain
a separate blotter on crimes committed under the Act. Under no circumstances shall
any police officer allow media access to information concerning VAWC reported to
PNP. Get the sworn statement of the victim to include all the witnesses. After the
conduct of police investigation, the WCPD officer shall refer the victim to the
social worker of the LGU, any available DSWD shelter, NGO’s and other
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b)

c)

d)

e)

f)

g)
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service providers for psychological intervention and other rehabilitation programs.

h)

The WCPD officer shall forward the investigation report together with the relevant
evidence, including the formal statements of witnesses and results of medico-legal
examination, to the prosecutor for filing of appropriate criminal action under the
Act. If the victim is found to have manifestations of the Battered Woman Syndrome
which is validated by past police records and testimonies from witnesses in
interest, the WCPD officer shall inform the punong barangay, the local social
worker, or the concerned NGOs, local professional or civic groups in the area for
appropriate psychiatric and psychological evaluation which may form part of the
evidence to be presented in court. Assist in the application and enforcement of the
provisions of the protection order as may be issued by the barangay or the court.
Respond, with the assistance of other police personnel, barangay officials, and
other parties in interest, to a call for emergency assistance to ensure immediate
protection of the victim by entering the dwelling if necessary whether or not
protection has been issued.

i)

j)

k)

b. Investigation of cases under RA 8353 Under R.A. No. 8353, the crime of rape is
classified as crime against persons and it may be committed by and against a man or
a woman. When the victim is under 12 years of age, the presence of force, threat,
or intimidation is immaterial. This first form of rape may be committed by a man
only and against a woman. There is NO issue of consent for child victims under the
age of 12 years old. Children under 12 CANNOT give their consent. This is called
STATUTORY RAPE. In rape, perfect penetration is not essential; any penetration of
the female organ by the male organ, however slight, is sufficient. The entry of the
labia or lips of the female organ, even without rupture of the hymen or laceration

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of the vagina, is sufficient to warrant conviction for consummated rape (Pp v Orito
184 SCRA 105). Any person who, under any of the circumstances mentioned above,
shall commit an act of Sexual Assault by: 1. Inserting his penis into the mouth or
anal orifice of another person; or Inserting any instrument or object (including a
finger) into the genital or anal orifice of another person; The second form of rape
is called rape by sexual assault which may be committed by and against a man or a
woman. The gender of the perpetrator and victim is immaterial. The subsequent valid
marriage between the offender and the offended party shall extinguish the criminal
action or the penalty imposed. There can however, be no valid marriage between the
offender and the victim who is a minor (below 18 years old). Investigative
Procedures a) Upon receipt of the complaint from the desk officer, the WCPD officer
shall conduct initial investigation and record the incident in the blotter
purposely used by WCPD. Refer and accompany the victim to the nearest PNP Crime
Laboratory and/or government hospital for appropriate medico- legal examination. It
shall be the WCPD officer’s duty to ensure that as far as possible, the examining
physician must be of the same gender as the victim, especially in sexual violence
cases. In all investigations involving children, the victim shall be accompanied by
his/her unoffending parent, guardian, or local social worker. In all investigations
involving women other than children in sexual abuse cases, only persons expressly
authorized by the victim shall be allowed by the WCPD officer inside a room where
police investigations as well as medical/physical examination are being conducted
in private.
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2.

b)

c)

d)
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e)

Ensure the confidentiality of the identity of the victim and all other parties
directly involved with the case under investigation. For this purpose, the WCPD
officer must maintain a separate blotter on crimes committed under the Act. Under
no circumstances shall any police officer allow media access to information
concerning VAWC reported to PNP. After the conduct of police investigation, the
WCPD officer shall refer the victim to the social worker of the LGU, any available
DSWD shelter, NGO’s and other service providers for psychological intervention and
other rehabilitation programs. The WCPD officer shall forward the investigation
report together with the relevant evidence, including the formal statements of
witnesses and result of medico-legal examination, to the prosecutor for filing of
appropriate criminal action under the Act.

f)

g)

Inquest Procedures If the referral complaint/criminal complaint has been filed for
inquest proceedings (respondent is arrested and detained), the respondent and
arresting officers must be present during the inquest proceedings and the latter
must be ready to answer clarificatory questions that may be propounded by the
inquest prosecutor on the circumstances surrounding the arrest. If the inquest
prosecutor finds the attached or appended documents in the referral/criminal
complaint insufficient, the investigator-on-case must ask for a chance to submit
the same if there is still time before the prescribed period expires under Art. 125
of the Revised Penal Code. (Section 5, DOJ Cir No. 61, New Rules on Inquest). c.
Investigation of Cases under The Anti-Child Abuse Law (RA 7610) The Essential
Elements of Republic Act 7610

Who is a Child? “Children” refers to persons below eighteen (18) years of age or
those over but are unable fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of physical mental
disability or condition.

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What is Child Abuse? Child abuse is the maltreatment, whether habitual or not, of a
child and includes any of the following acts: 1. Psychological and physical abuse,
neglect, cruelty, sexual abuse and emotional maltreatment. Any act by deeds or
words which debases, degrades or demeans the intrinsic worth and dignity of a child
as a human being. Unreasonable deprivation of his/her basic needs for survival such
as food and shelter. Failure to give medical treatment immediately to an injured
child resulting in serious impairment of her growth and development or in her
permanent incapacity or death (Section 3(b) or RA 7610).

2.

3.

4.

Simply stated, child abuse refers to the imposition of physical or psychological

injury, cruelty, neglect, sexual abuse or exploitation of a child (IRR of RA 7610).
What are the Types of Child Abuse? Cruelty refers to any act by word or deed which
debases, degrades or demeans the intrinsic worth and dignity of a child as a human
being. a) Physical Abuse refers to any act which results in the non-accidental
and /or unreasonable infliction of physical injury which includes, but is not
limited to, lacerations, fractured bones, burns, internal injuries, severe injury
or serious bodily harm. Psychological Abuse refers to any harm to a child’s
emotional, psychological or intellectual functions which may be exhibited by severe
anxiety, depression, withdrawal or outward aggressive behavior, or a combination of
said behavior, which may be demonstrated by a change in behavior, emotional
response or cognition. Child neglect refers to the failure to provide, for reasons
other than poverty, adequate food, clothing, shelter, basic
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b)
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education or medical care so as to seriously endanger physical, mental, social and

emotional growth and development. Neglect also includes: 1) 2)

Abandonment or concealment of child. Failure to give education commensurate to

family’s financial condition. Causes or permits child’s truancy. Allows child to
possess or carry deadly weapons Allows child to drive without license or with a
fake license

3)

4)

5)

c)

Sexual Abuse refers to the involvement of children in sexual activities that they
do not fully understand and to which they cannot give consent, and which violate
social and cultural of behavior. Child sexual abuse includes the employment, use,
persuasion, inducement, enticement, or coercion of a child to engage in, or assist
another person in engaging in any of the following (IRR of RA 7610) 1) Sexual
intercourse 2) Lascivious conduct 3) Molestation 4) Prostitution 5) Incest
with children

d)

Child Trafficking refers to the act or acts of trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money,
or for any other consideration, or barter.

Investigative Procedures a) Upon receipt of the complaint from the desk officer,
the WCPD officer shall conduct initial investigation and record the incident in the
blotter purposely used by WCPD. Refer and accompany the victim to the nearest PNP
Crime Laboratory and/or government hospital for appropriate medico- legal
examination. It shall be the
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b)
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WCPD officer’s duty to ensure that as far as possible, the examining physician must
be of the same gender as the victim, especially in sexual violence case.

c)

In all investigations involving children, the victim shall be accompanied by

his/her unoffending parent, guardian, or local social worker. Ensure the
confidentiality of identity of the victim and all other parties directly involved
with the case under investigation. For this purpose, the WCPD officer must maintain
a separate blotter on crimes committed under the Act. Under no circumstances shall
any police officer allow media access to information concerning VAWC reported to
PNP. After the conduct of police investigation, the WCPD officer shall refer the
victim to the social worker of the LGU, any available DSWD shelter, NGO’s and other
service providers for psychological intervention and other rehabilitation programs.
The WCPD officer shall forward the investigation report together with the relevant
evidence, including the formal statements of witnesses and result of medico-legal
examination, to the prosecutor for filing of appropriate criminal action under the
Act.

d)

e)

f)

List of Evidence to be attached to the Complaint The complaint filed to commence a

criminal action consists of the following: 1. Preliminary investigation Sheet which
should include the complete name and addresses of the offender; Sworn written
statement or Sinumpaang Salaysay of the complainant or offended party; Sworn
statement of witnesses, if any; and Sworn statement of any peace officer or public
officer charged with enforcement of the law violated.

2.

3.

4.

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Other requirements: 1. Such number of copies of the sworn written statements as

there are offenders plus two (2) copies for the office of the prosecutor; Sworn
written statements shall be subscribed and sworn to before the prosecutor,
government official authorized to administer oath or in their absence, any notary
public; Certification of subscribing officer that he personally examined the
affiants AND IS satisfied that they voluntarily executed and understood their
statements.

2.

3.

Attachments (The following may be given at a later date and not necessarily at the
time of filing of the complainant) 1. 2.

Custodial investigation report Medico–legal report Investigation report of the

Department of Social Welfare and Development (DSWD) or law enforcement agency
psychological/mental, examination Extra-judicial confession, if any, executed in
accordance with Republic Act 7438 Other documentary and physical evidence such as
a) b) Child’s birth certificate; and Marriage certificate of the parent and
offender, if relevant

3.

4.

5.

6.

Inquest Procedures If the referral complaint/criminal complaint has been filed for
inquest proceedings (respondent is arrested and detained), the respondent and
arresting officers must be present during the inquest proceedings and the latter
must be ready to answer clarificatory questions that may be propounded by the
inquest prosecutor on the circumstances surrounding the arrest. If the inquest
prosecutor finds the attached or appended documents in the referral/criminal
complaint insufficient, the investigator-on-case must ask for a chance to submit
the same if there is still time before the prescribed period expires under Art. 125
of the Revised Penal Code. (Section 5, DOJ Cir No. 61, New Rules on Inquest).
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CHILD ABUSE REPORT

Social Workers, Victim Advocates, Barangay Officials

Police Force OR National Bureau of Investigation

Medical and Psychological Services

Prosecutor/ Fiscal

Crime Scene It is important to conduct a crime scene investigation after

interviewing the child. Identify and secure the crime scene(s) to ensure that
evidence is not contaminated or destroyed. Limit crime scene access to essential
personnel and record identity and information for anyone who enters or leaves. Also
determine whether there is a secondary crime scene. d. Anti-Trafficking in Persons
Act of 2003 (R.A. 9208) Trafficking in persons is an illegal act and is considered
a violation of human rights and inimical to human dignity and national development.
It consists of the following elements: 1. It involves the recruitment,
transportation, transfer of harboring or receipt of person. It is with or without
the victim’s consent or knowledge. It is done within across national boundaries. It
is committed by means of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power of position, giving or receiving of
payments or benefits to achieve the consent of a person having actual control over
another person.
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2.

3.

4.
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5.

It is done for the purpose of exploitation such as sexual exploitation, forced

labor or services, slavery, and removal or sale of organs or other similar acts.

Initial Assessment Interview of Reporting Party An initial assessment interview

must be conducted by the WCPD personnel with the person who reported the incident
after the referral by the desk officer. The questions set out below are intended to
gather preliminary information about the reported incident: 1. What is the name,
address and contact number of the reporting party? What is the name, address, age
and other personal circumstances of the victim? Describe the physical and mental
state of the victim. Where is the victim now? Is the victim in the Philippines or
outside of the country? Is she/he at the airport, seaport or land transportation
terminal? When and where was the last contact with the victim? What transpired
during this last contact? Who else was with the victim? Did the victim travel alone
or accompanied by the recruiter? Were there other possible victims with her? Who
are the suspects? Give the name and physical description of the suspects. What
happened to the victim? What prompted the person to report the incident? Are there
any other persons who know about the incident?

2.

3.

4.

5.

6.

7.

8.

Identification of a Possible Trafficking Situation An evaluation of the totality of

the circumstances based on the initial assessment interview, indicator checklist,
and additional corroborative materials will then make it possible to identify a
possible trafficking situation. The key questions that must be answered by the
investigator are:
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1.

Is there any act of recruitment, transportation, transfer, harbor or receipt of a

victim involved in the incident? Is the act done by means of threat or use of
force, coercion, abduction, fraud, deception, abuse of power or taking advantage of
the vulnerability of the victim, or the giving or receiving of payments or
benefits? Does the intended purpose involve exploitation such as prostitution or
other forms of sexual exploitation, forced labor or servitude, slavery or slavery-
like practices or the removal or sale of organs?

2.

3.

If all of the answers to these questions are positive, then the law enforcer has a
potential case for violation of RA 9208. The next course of action will depend on
the assessment of the situation. There will be cases when an immediate arrest and
rescue may be necessary, especially when the victims are in immediate danger.
However, there will be cases when it will be best to gather more information to
build up the case. Information to be Gathered To move the case forward, the WCPD
personnel must gather the following information: 1. 2.

Identity and background of all the suspects; Age and personal circumstances of the
victim; Modus operandi regarding recruitment, transportation, transfer, harbor and
receipt of persons which may include the identification of “fronts” for organized
crime, such as overseas employment agencies, training centers, promotions and
talent agencies, etc.; Travel routes and means, including the place of origin,
transit and destination and the vehicles used for transportation and travel; Type
of exploitation such as the kind of work and the conditions of employment; Details
of communication used by the traffickers like snail mail address, e-mail addresses,
mobile phone or landline numbers, etc.;
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3.

4.

5.

6.
PNP Criminal Investigation Manual

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7.

Financial transactions that support the trafficking business, such as names of the
bank, names of the account holders, bank account numbers and transactions, money
transfers, modes of payment, etc.; and Methods of securing falsified travel
documents, certificates, etc.

8.

Sources of Information The WCPD personnel can tap a wide range of sources to gather
relevant information. While there is general reliance on the victim to provide the
information, the WCPD personnel should explore other sources of information, such
as the following: 1. Inquiry with relevant national and local government agencies,
such as the local government unit (LGU) licensing office, POEA, Department of Labor
and Employment (DOLE), Commission on Higher Education (CHED), barangay
associations, etc.; Monitoring of the private business sector, such as overseas
employment and recruitment agencies, promotion and talent training centers,
airlines, shipping vessels, bus lines, land transportation, adult entertainment
establishments like nightclubs, KTV bars, massage parlors, internet cafes,
sweatshops, etc.; Monitoring of advertisements in tri-media and other inter-active
exchange of information like the internet; Monitoring of airports, seaports and
land transportation terminals; and Community, people’s organizations (PO), NGOs,
other civil society groups.

2.

3.

4.

5.

Investigative Procedures a) Upon receipt of the complaint from the desk officer,
the WCPD officer shall conduct initial investigation and record the incident in the
blotter purposely used by WCPD. Refer and accompany the victim to the nearest PNP
Crime Laboratory and/or government hospital for
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b)
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appropriate medico- legal examination. It shall be the WCPD officer’s duty to

ensure that as far as possible, the examining physician must be of the same gender
as the victim, especially in sexual violence cases.

c)

In all investigations involving children, the victim shall be accompanied by

his/her unoffending parent, guardian, or local social worker. In all investigations
involving women other than children in sexual abuse cases, only persons expressly
authorized by the victim shall be allowed by the WCPD officer inside a room where
police investigations as well as medical/physical examination are being conducted
in private. Ensure the confidentiality of identity of the victim and all other
parties directly involved with the case under investigation. For this purpose, the
WCPD officer must maintain a separate blotter on crimes committed under the Act.
Under no circumstances shall any police officer allow media access to information
concerning VAWC reported to PNP. Get the sworn statement of the victim to include
all the witnesses. After the conduct of police investigation, the WCPD officer
shall refer the victim, if a minor, to the social worker of the LGU, any available
DSWD shelter, NGO’s and other service providers for psychological intervention and
other rehabilitation programs. All women victims shall be referred to other service
providers for psychological intervention and other rehabilitation programs. Conduct
follow-up rescue operations in case there are other victims in the hands of the
traffickers in coordination with Local Social Welfare and Development Offices
(LSWDO), Department of Labor and EMPLOYMENT (DOLE) and other concerned government
agencies. The WCPD officer shall forward the investigation report together with the
relevant evidence, including the formal
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d)

e)

f)

g)

h)

i)

j)
PNP Criminal Investigation Manual

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statements of witnesses and results of medico-legal examination, birth certificate

of minor, to the prosecutor for filing of appropriate criminal action under the
Act. Inquest Procedure If the referral complaint/criminal complaint has been filed
for inquest proceedings (respondent is arrested and detained), the respondent and
arresting officers must be present during the inquest proceedings and the latter
must be ready to answer clarificatory questions that may be propounded by the
inquest prosecutor on the circumstances surrounding the arrest. If the inquest
prosecutor finds the attached or appended documents in the referral/criminal
complaint insufficient, the investigator-on-case must ask for a chance to submit
the same if there is still time before the prescribed period expires under Art.125
of the Revised Penal Code. (Section 5, DOJ Cir No. 61, New Rules on Inquest).
Regular Filing If the referral complaint/criminal complaint has been filed for
regular filing (respondent is not arrested), the investigator-on-case must ensure
that the subpoena will reach his office for notification and service of processes.
His filecopy of the referral or criminal complaint must contain in bold letters the
Investigation Slip (I.S.) Number or Criminal Case Number of the case for easy
reference. WCPD investigator must submit the following documents to the
investigating prosecutor for his resolution of the case: 1. 2.

Referral letter to the Inquest Prosecutor; Affidavit of arrest; Booking Sheet and
Arrest Report; Investigation report with attachments; Statements of offended party
and witnesses; Birth Certificate of the minor victim; Medico-legal
report/certificate; and Where available – social workers assessment, and other
supporting evidence

3.

4.

5.

6.

7.

8.

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e. Juvenile Justice and Welfare Act of 2006 (R.A. 9344) The Juvenile Justice and
Welfare Act (Republic Act 9344) defines a “child in conflict with the law” or CICL
as a child who is alleged as, accused of, or adjudged as, having committed an
offense under Philippine laws. A child is a person below eighteen (18) years of
age. When young people fifteen years and below commit violations of law, they are
exempt from criminal liability. A person is 15 years of age on the date of the
FIFTEENTH ANNIVERSARY OF HIS/HER BIRTHDAY. They are also exempt from criminal
liability if they are above fifteen but below 18 years of age, UNLESS they acted
with discernment. While there is no criminal responsibility on the part of the
child who is 15 years of age or below, he or she must still be held accountable for
the crime through proper intervention by duty bearers, such as the social worker or
the police or both, without necessarily resorting to court proceedings under the
criminal justice system. Likewise, the civil liability of the crime committed must
be charged against the parents/guardians of the minor. For crimes punishable within
six years imprisonment, including those status offenses as well as crimes that are
considered “victimless”, the child shall undergo diversion proceedings to be
administered by either the law enforcer, punong barangay or the a local social
welfare and development officer (LSWDO). For crimes punishable for more than six
years, where the child has acted with discernment, the court will acquire
jurisdiction, including the administration of appropriate diversion programs.
Police Techniques and Procedures Apprehension or Initial Contact 1. Persons
considered having initial contact a) b) 2. First police responders Other law
enforcement officers

At the time of the initial contact or apprehension, the PNP officer must exercise
due diligence and sensitivity in attending to a child who commits an offense or
violation of law. The responding police officer, thus, has the following options:

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a)

If the offense is light, the responding officer shall: 1) provide the child a
friendly “payo” or a simple warning not to repeat the act/s he/she had committed;
or call the unoffending parents1 or guardians for their proper intervention in the
treatment of the child; or refer the CICL directly to the barangay for proper
disposition.

2)

3)

In all cases, the officer shall take down the facts of the case in his or her
tickler. b) If the offense is less serious or serious, with or without victims, the
apprehending officer must: 1) 2) take the child into police custody; refer the
child to the Women and Children Protection Desk officer or other qualified
investigator of CICL cases for proper disposition of the case; and exhaust all
possible means to locate and notify the parents/guardians of the CICL as well as
the social worker for the case management of the child, in cooperation with the
investigating officer.

3)

REMEMBER: Children in conflict with the law are to be held accountable for their
offenses. RA 9344 provides, however, the mechanisms on how to deal with CICL
through DIVERSION and other alternative measures adopting the principles of
Restorative Justice. 3. In taking the child into police custody, the police officer
shall: a) Introduce himself or herself as “kuya” or “ate” before the child and show
proper identification card as a police officer. If: The apprehending officer is
wearing a vest or jacket while in uniform, said officer must show his nameplate
and/or badge;

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If: The apprehending officer is wearing civilian clothes, said officer must show
identification card. b) conduct the search of a child in conflict with the law in a
friendly, non-degrading, and gender-sensitive manner. A girl child shall only be
searched by a law enforcement officer of the same gender; determine the age of the
apprehended child (Note: PNP may seek a Memorandum of Agreement (MOA) with the
National Statistics Office [NSO] for immediate coordination/access for the police
concerning records involving the CICL); state and explain to the child, IN SIMPLE
LANGUAGE OR DIALECT THAT HE/SHE CAN UNDERSTAND THE FOLLOWING: 1) the reason/s for
apprehending the child and placing him or her in police custody; the nature of
committed; and offense that he/she allegedly

c)

d)

2)

3) 4)

his/her RIGHTS under custodial investigation: Documents showing proof of the

child’s age: (a) (b) (c) Child’s birth certificate; Child’s baptismal certificate;
or Any other pertinent documents such as but not limited to the child’s school
records, dental records or travel papers.

e)

The police may obtain the above documents from any of the following: 1) Parents,
guardian or relatives of the child (for copies of any of the above documents);
Local civil registrar or the National Statistics Office (for a copy of the birth
certificate);

2)

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3)

School the child attends (for school records, dental records, birth certificate or
baptismal certificate, when required by the school); Local health officer (for
medical records); and Church (for baptismal records).

4) 5) f)

When the above documents cannot be obtained or pending receipt of such documents,
the police shall exhaust other measures to determine age by: 1) Interviewing the
child and obtaining information that indicate age (e.g., date of birthday, grade
level in school); Interviewing persons who may have knowledge of the age of the
child (e.g., relatives, neighbors, teachers, classmates); Evaluating the physical
appearance (e.g., height, built) of the child; and Obtaining other relevant
evidence of age. The police may obtain the assistance of the LSWDO and the Barangay
Council for the Protection of Children (BCPC) in gathering documents and other
relevant information in ascertaining the age of the child.

2)

3)

4) 5)

g)

Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination; Whenever handcuffing is necessary, make sure that
the face of the child is not exposed in public to avoid embarrassment; Prevent any
possible violence or injury that may be inflicted against the child by any person,
including a party that may have interest in the case, inside or outside the police
station; Preserve the scene of the crime while awaiting the arrival of the SOCO,
and in case a victim is found in the area
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h)

i)

j)
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and in need of medical attention, provide the person with appropriate first aid
treatment and bring said victim to the nearest hospital; k) Prevent public
attention on the child’s apprehension and the humiliation of the child; Bring the
child immediately to the police station for proper disposition following the
apprehension and referral to medical officer; Avoid, as much as possible, the use
of firearms, handcuffs, or other instruments of force or restraint unless
absolutely necessary and only after all the methods of control have been exhausted
and have failed; Call for assistance from the unit in apprehending the CICL who may
resist arrest (and in the protection of the victim, as the case may be) as well as
in preserving evidence; Ensure that the arrival of the assisting unit/s will not
cause any undue harm to the CICL during the apprehension. Police officers are
PROHIBITED from: 1) 2) Locking up the CICL in a detention cell; Searching a girl
child by a police officer of opposite sex; Allowing the child to have contact with
adult offenders; Using offensive, vulgar or profane words against the child or any
of the parties involved; Committing sexual advances on the child; Committing
torture, inhuman or degrading treatment or punishment and other forms of violence
and abuse against the CICL; Displaying or using any firearm, weapon, handcuffs or
other instruments of force or restraint, unless absolutely necessary and only after
all other
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l)

m)

n)

o)

p)

3)

4)

5) 6)

7)
PNP Criminal Investigation Manual

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methods of control have been exhausted and have failed; q) The apprehending officer
must turn over the CICL to the WOMEN AND CHILDREN PROTECTION DESK (WCPD) officer or
any qualified investigator, who, in turn, shall:

4.

Make a proper receipt from the apprehending officer of the following: a)

Certification on whether or not handcuffs or other instruments of restraint were
used, and if so, the reason for such; Medical certificate; Basis for determination
of the age of the child; Weapons recovered from the CICL, if any; and Affidavit of
apprehension (to be provided within 4 hours from the time of apprehension) 1) 2)
Ensure the child’s safety in the police station. Look for an area in the police
station where the CICL may temporarily stay without experiencing any form of
threat, fear, or anxiety. Notify the child’s parents/guardians, the local social
welfare and development officer (LSWDO), and the Public Attorney’s Office of the
child’s apprehension not later than eight (8) hours as required under Section 21,
Paragraph I, RA 9344.

b) c) d) e)

3)

Interview 1. Interview with a CICL must be conducted by a WCPD officer or, in the
absence of a WCPD officer, a well-trained investigator of children’s cases. The
initial interview shall be conducted in a manner which allows the child to
participate and to express him/herself freely.

2.

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3.

The investigating officer, when interviewing the child: a) b) c) d) must explain

the purpose of the interview; must be friendly and non-threatening; must exercise
patience in the management of CICL; must conduct the interview in a separate room
or where the child could feel comfortable and free to express him/herself; must
avoid unnecessary interruptions, distractions and/or participation from non-parties
during interview; must use simple and understandable language in taking the
statement of the child during the interview; must listen to what the child says and
take notes of what the child actually said during the interview; must prepare a
written statement that reflects the language used by the child and not the language
used by the police officer; may seek the assistance of the LSWDO in conducting the
interview; shall be neutral between parties by using open-ended questions and shall
refrain from being judgmental or from lecturing for or against any of the parties
present; assure all parties of the confidentiality of the case.

e)

f)

g)

h)

i)

j)

k) 4.

Presence of persons required during the conduct of the police interview with the
CICL: a) Child’s parents, guardian, or nearest relative, as the case may be; or
Child’s counsel of choice or in the absence thereof, a lawyer from the Public
Attorney’s Office (PAO); or LSWDO

b)

b)

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5.

The police investigator conducting the interview shall PREPARE A REPORT containing
the following information: a) If handcuffs or other instruments of restraint were
used and the reason/s for such; The parents or guardian of a child, or the LSWDO,
or the PAO have been duly informed of the apprehension and the details thereof;
Measures taken to determine the age of the child; The precise details of the
physical and medical examination or the failure to submit a child to such
examination; To whom the child was released and the basis for the release; and
Where the case shall be referred, containing the following: 1) The nature of the
offense allegedly committed by the child; The corresponding imposable penalty for
the commission of the offense; and Where the case of the child shall be referred in
the event of an assessment that the child acted with discernment as provided in
Rule 34, RA 9344.

b)

c) d)

e)

f)

2)

3)

6.

All information and documentary evidence shall BE KEPT CONFIDENTIAL by the

investigating officer and can only be referred to and discussed with the DSWD,
local social worker officer, and/or the prosecutor, as the case may be.

REMEMBER: Even if the child is already handed over to the protective custody of the
local social worker or DSWD personnel, the police shall proceed with the
investigation of the case by gathering evidence, interview with victim/s (if any),
and other investigative work.

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Referral and Coordination After the initial interview, the investigating officer
shall determine if the case of the child shall be referred to: 1. LSWDO for
intervention, if the child is: a) b) fifteen (15) years old or below; or above 15
but discernment; or below 18 years of age, without

c)

above 15 but below 18 years of age, with discernment, and the crime is victimless
with an imposable penalty of not more than six (6) years of imprisonment.

2.

Diversion to be initiated by the police, in coordination with the LSWDO, if the

child is above 15 but below 18 years of age who acted with discernment and
allegedly committed an offense with an imposable penalty of not more than six (6)
years of imprisonment.

REMEMBER: In all cases, the police shall turn over the physical custody of the
child to the LSWDO within eight (8) hours from apprehension. The physical custody
of the child shall be transferred to the LSWDO even if the investigating officer
has not yet exhausted all measures to determine the age of the child and even if
the initial investigation has not yet been terminated.

3.

In case the child is apprehended at NIGHTTIME OR WEEKEND, the Investigating officer

shall look for a safe temporary placement in the police station and not put the
child in a detention cell, strictly not in the company of adult offenders, while
waiting for the arrival of child’s parents/guardians and proper turnover to the
LSWDO. The police must provide the CICL his/her basic human necessities while in
their physical custody, such as food and water, clothing, medicines for illness as
the case may be, and access to the comfort room. IN THE ABSENCE of the
parents/guardians or the LSWDO, temporary physical custody of the child may be
given to a duly registered NGO that is licensed and accredited by the DSWD,
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4.

5.
PNP Criminal Investigation Manual

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or a faith-based organization, or a barangay official, or a member of the BCPC. 6.

Maintain a directory of partners and other networks in the area for ready reference
during referral and coordination of cases involving CICL.

Where the Victim is also a Child 1. The investigating officer shall: a) call the
LSWDO to provide assistance and take protective custody of the child victim under
RA 7610 (Anti-Child Abuse Law); physically SEPARATE the CICL and his or her parents
or guardians and the victim and his or her parents or guardians in the police
station by interviewing or investigating them in separate rooms; place the CICL
under temporary care of other CHILD SENSITIVE investigators or police officers,
with appropriate guidance for the management of the CICL;

b)

c)

2.

Investigating officer may seek the assistance of other policewomen from other
sections to put the CICL under their physical custody while interview with the
victim is being conducted; The investigating officer shall not display bias for or
against the CICL or the child victim; The investigating officer shall properly
advise both parties on the nature of the offense and consequences of the act and on
the decisions they may consider concerning the case. The investigating officer may
suggest a brief “cooling-off period” prior to the next face-to-face confrontation;
The Women and Children Protection Desk officer shall be primarily responsible for
the management of cases involving both CICL and child victim.

3.

4.

5.

REMEMBER: The CICL and the child victim involved in the offense have distinct
moral, psychological and social circumstances, requiring different interventions
leading to different results for their recovery and reintegration. For this reason,
the police officer tasked with the investigation of cases of children shall have
proper training with a deeper understanding and wider appreciation of the psycho-
social and moral stages of 3 ‐ 156 ‐ development of a child (Erickson and Kolhberg
Models)
PNP Criminal Investigation Manual

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Case Confidentiality 1. The police investigator, in ensuring the confidentiality of

CICL cases, shall: a) maintain and keep from public view a SEPARATE BLOTTER and/or
logbook for CICL cases; ensure that spot reports, investigation reports, and other
similar police reports contain DOCUMENT SECURITY classification in order to protect
the identity of the CICL. The police shall not disclose any information to the
public, particularly the media, that reveals the identity of the CICL and his or
her family; exclude other police officers who have nothing to do with the case from
the area where the CICL is being held in custody by the investigating officer;
advise the media to observe the Guidelines for Media Practitioners on the Reporting
and Coverage of Cases Involving Children issued by the Special Committee for the
Protection of Children under the Department of Justice. keep the results of the
medical examination and other related documents confidential; print the words “CICL
CASE” on the upper right-hand corner of investigation reports and other similar
documents to secure legal compliance of individuals and units on the
confidentiality of the case; submit the records of the case, whenever a criminal
action is filed with the prosecutor or the judge, in a sealed envelope with the
words “CICL CASE” written conspicuously on the upper right-hand corner of the face
of the envelope, with appropriate receipts for the documents in second or photo
copies enclosed therein.

b)

c)

d)

e)

f)

g)

REMEMBER: The Guidelines for Media Practitioners on the Reporting and Coverage
Diversion of Cases Involving Children was issued by the Special Committee for the
Protection of Children purposely to protect children --- whether victims, offenders
and witnesses --from media coverage using all outlets such as television, radio,
newspaper, internet, and other media and communications facilities, equipment and
materials.
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Diversion 1. The police, whenever appropriate, can conduct diversion proceedings on

cases of CICL as an alternative to the filing of criminal action against the CICL.
DIVERSION PROCEEDINGS refer to a meeting or series of meetings facilitated by
concerned authorities, in particular the police officer, with a view to have the
parties involved in the offense come up with an agreement that will benefit the
concerned parties, but under no circumstances shall the police compel the parties
to agree to settle their case. If the parties DECIDE TO SETTLE the case on their
own volition, the role of the police will merely be as FACILITATOR. The settlement
must be in writing and signed by the parties. The proceedings may be tape recorded,
if necessary; The police shall seek the ASSISTANCE OF THE LSWDO in the conduct of
the diversion proceedings. The LSWDO shall determine if diversion is appropriate in
the particular case of the CICL. The following members of the police force are
AUTHORIZED to conduct diversion proceedings: a) b) c) Chief of Police; WCPD
officer; and Any police officer designated by the Chief of Police, who has probity,
credibility, and in-depth involvement in police-community relations and who has
undergone training on child rights.

2.

3.

4.

5.

6.

The following FACTORS shall be considered to determine IF DIVERSION IS APPROPRIATE:

a) b) c) Nature and circumstance of the offense charged; Frequency and severity of
the act; Circumstances of intelligence, etc) the child (e.g. age, maturity,

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d)

Influence of the family and environment on the growth of the child; Reparation of
injury to the victim; Weight of the evidence against the child; Safety of the
community; and Best interest of the child.

e) f) g) h) 7.

The investigating officer, in the conduct of diversion proceedings, shall: a)

Explain to the CICL and his/her family the objective and value of the diversion as
well as the consequences of not undergoing the process; Ask the CICL of the
circumstances of the offense, the motives or purpose of the offense and the factors
that have led the child to commit the offense; Ask the CICL of his/her personal
circumstances including his/her parents, family, peers and educational status; Make
the CICL understand the consequences of his/her actions and the corresponding
responsibilities; and Make the CICL understand and realize his/her accountability,
be remorseful of his/her actions and take on the responsibility in repairing the
harm done in lieu of filing a formal case in court.

b)

c)

d)

e)

8.

The following DIVERSION PROGRAMS may be adopted by the police in coordination with
the LSWDO: a) b) c) d) e) Restitution of property; Reparation of the damage caused;
Indemnification for consequential damages; Written or oral apology; Care, guidance
and supervision orders;

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f)

Counseling for the child in conflict with the law and the child’s family;
Participation of the child in available community-based programs, including
community service; or Participation of the child in education, vocation and life
skills programs. Attendance of the child in community-sponsored trainings, seminars
and lectures on: 1) anger management skills; 2) problem solving and/or conflict
resolution skills; 3) values formation; and 4) other skills which will aid the
child in dealing with situations which can lead to repetition of the offense.

g)

h)

i)

j)

The police shall prepare a written DIVERSION CONTRACT, based on the prescribed
format, which shall be signed by the CICL, his/her parents, and social worker, with
attestation from the concerned police officer. In order for the diversion to
proceed, the police must obtain the following conditions: 1) The child voluntary
admits to the commission of the act (such admission shall not be used as evidence
against the child). Diversion program shall proceed and become binding if accepted
by the parties (victim/s and offender/s) concerned. Acceptance shall be in writing
and signed by the parties. LSWDO shall supervise the implementation of diversion
program; proceedings to be completed within forty-five (45) days. Child shall
present himself/herself to competent authorities for evaluation.
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k)

2)

3)

4)

5)
PNP Criminal Investigation Manual

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l) FAILURE ON THE PART OF THE CICL TO COMPLY with the terms and conditions of the
contract of diversion, as certified by the LSWDO, shall give the offended party the
option to institute the appropriate legal action. m) After the signing of the
diversion contract, the police officer on case shall: 1) monitor the progress of
the child’s conduct, in coordination with the LSWDO, based on the agreements
stipulated under the diversion contract. initiate dialogues with the concerned
Barangay officials, LSWDO, or the parents of the CICL, as may be appropriate, for
juvenile delinquency prevention programs in the area, and measures aimed at
improving the management of cases of CICL. develop a data base of reported cases of
CICL in the AOR. ensure that all records pertaining to the case of CICL are kept
confidential. make an assessment of the effectiveness of the diversion program
initiated by the police on cases involving CICL. perform analogous efforts for the
best interest of CICL.

2)

3)

4)

5)

6)

OTHER ISSUES ON CICL 1. What if victim wants to the file the complaint but the CICL
is exempt from criminal liability? a) Explain to the victim the provisions of RA
9344 on the age of criminal responsibility of a CICL; OTHER THAN THE DIVERSION
PROGRAM INITIATED BY THE POLICE WHERE CIVIL ISSUES MAY BE DISCUSSED BETWEEN AND
AMONG PARTIES, THE PARENTS ARE NOT PRECLUDED FROM SEEKING AN ALTERNATIVE MEANS TO
FILE A SEPARATE
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b)
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CIVIL ACTION AGAINST THE PARTY OF THE CICL THROUGH A LAWYER. 2. What if the CICL
wants to stay with the police and not with the social worker? a) The police
investigator should be able to explain properly to the CICL that staying with the
police may not provide the child the other important services needed for his or her
welfare; Unless the investigation necessitates the police to retain physical
custody over the CICL, the police investigator must bring the said child to the
DSWD or local social worker where a more effective intervention can be provided.

b)

3.

What if the parents of the victim want to pursue the filing of the case of CICL
fifteen years or below? a) Initially, the police should explain to the victim and
family members the provisions of the law which provides exemption to CICL 15 years
and below from any criminal responsibility; The investigating officer should seek
advice from the office of the prosecutor or the social worker in explaining to the
aggrieved party that the CICL is exempt from criminal liability;

b)

4.

What if the CICL committed the offense in the company of adult offenders? a) The
investigating officer should ascertain right away if the CICL committed the offense
with adults; CICL shall be handled by the WCPD investigator where proper
intervention must be conducted. The adult offenders shall be referred to the
regular investigators; If the adults are parents of the CICL, the officer shall
file a separate case of violation of RA 7610 against the parents; If the CICL
claims he committed the offense with adults who were not among those apprehended,
the police shall
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b)

c)

d)
PNP Criminal Investigation Manual

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pursue the case in collecting evidence and in running after the adult offenders. 5.
What if the CICL is a repeat offender or a “recidivist”? a) The police should refer
the case to either the social worker TO DETERMINE WHETHER THE CHILD IS BEING
NEGLECTED IN HIS LIFE or the prosecutor for the next stage of intervention on the
child’s repeat offenses. The police may also consult with the prosecutor on the
propriety of giving the CICL another chance at life without prejudice to the legal
action from aggrieved party/ies.

PROCESS FLOWCHART IN HANDLING CICL PER RA 9344 CHART 1: CHILDREN 15 YEARS OLD AND
BELOW
START
Child commits a crime Is Parent/ Guardian Available?

YES

Is the safety Of the child In danger?

YES

Encourage Temporary custody

LEO takes Custody of The child*

NO
LSWDO refers Child To: ** a,b,c,d,e,f

NO
LEO releases the Child to Parents/guardian LSWDO files Petition for Involuntary
Commitment

Is the safety Neglected Abandoned Abused?

YES

NO
END
Child is Reintegrated to Family & Community Child undergoes Intervention Program
c/o LSWDO Child is Committed to Youth Home, Rehab, NGO, ’t Gov Facility

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PROCESS FLOWCHART IN HANDLING CICL PER RA 9344 CHART 3: ABOVE 15 YEARS OLD WITH
DISCERNMENT
START
LSWDO submits To LEO initial Determination of Discernment

Child commits a crime

YES Imposable penalty More than 6 years? NO

LEO refers case To Prosecutor for Preliminary investigation LSWDO certifies The
Success/failure Of diversion Diversion Successful?

LEO takes Custody of The child*

Diversion conducted LEO turns over By LEO, Social The Child to Worker LSWDO within
8 hrs (victimless) After apprehension Or BCPC

YES

Child is Reintegrated to Family and] Community

NO
Refer case to Prosecutor for Preliminary Investigation

END

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CHART 4: PROCESS FLOWCHART IN HANDLING CICL PER RA 9344 (IMPOSABLE PENALTY FOR THE
CRIME COMMITTED IS MORE THAN 12 YEARS MPRISONMENT I

START

Child commits a crime

LEO takes Custody of The child*

LEO turns over The Child to LSWDO within 8 hrs After apprehension

LSWDO submits To LEO initial Determination of Discernment

LEO refers case To Prosecutor for Preliminary investigation

END

LSWDO files Petition for Involuntary Commitment

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3.12

CRIMES AGAINST THE CIVIL STATUS OF PERSONS 3.12.1 SIMULATION OF BIRTH a. What law
punishes the crime of Simulation of Birth? Revised Penal Code Article 347

b. What are the elements of Simulation Of Birth? 1. 2. 3. The child is baptized or

registered in the Registry of Birth. The child loses its real status and acquires a
new one. The offender’s purpose is to cause the loss of any trace of the child’s
filiations. Other analogous acts

4.

c. What is the evidence needed to file a crime of Simulation Of Birth? 1.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence –
simulated birth certificate Other relevant evidence

2.

3.

4.

3.12.2.1 USURPATION OF CHILD STATUS a. What law punishes the crime of Usurpation of
Child Status? Revised Penal Code Article 348

b. What are the elements of Usurpation of Child Status? 1. 2. 3. Any person

represents himself as another. The offender assumes the rights pertaining to
another. Other analogous acts
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c. What is the evidence needed to file a crime of Usurpation of Child Status? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence –
identification records Other relevant evidence

3.

4.

3.12.3

BIGAMY a. What law punishes the crime of Bigamy? Revised Penal Code Article 349

b. What are the elements of Bigamy? 1. 2. The offender has been legally married.
The marriage has not been legally dissolved or, in case his/her spouse is absent,
the absentee could not yet be presumed dead under the New Civil Code. He contracts
a second or subsequent marriage. The subsequent marriage has all essential
requisites for validity. Other analogous acts

3. 4.

5.

c. What is the evidence needed to file a crime of Bigamy? 1. 2. Testimonial

Evidence – Affidavit of complainant and witnesses Documentary Evidence –
photographs, videos, police reports and other documents Object Evidence – marriage
contracts Other relevant evidence

3. 4.

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3.12.4

MARRIAGE CONTRACT AGAINST PROVISIONS OF LAW

a. What law punishes the crime of Marriage Contract against Provisions of Law?
Revised Penal Code Article 350

b. What are the elements of Marriage Contract against Provisions Of Law? 1. 2. The
offender contracted a marriage. He knew at the time of the marriage that the
requirement of the law had not been complied with or that legal impediments for
such marriage had been disregarded. Other analogous acts

3.

c. What is the evidence needed to file a crime of Marriage Contract against

Provisions of Law? 1. 2. Testimonial Evidence – Affidavit of complainant and
witnesses Documentary Evidence – photographs, videos, police reports and other
documents Object Evidence – marriage contract Other relevant evidence

3. 4.

3.12.5

PREMATURE MARRIAGE a. What law punishes the crime of Premature Marriage? Revised
Penal Code Article 351

b. What are the elements of Premature Marriage? 1. The offense is committed when a
widow gets married within 301 days of her husband’s death. She was pregnant at the
time of his death or when a woman whose marriage having been dissolved or annulled,
married

2.

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before her delivery or within 301days after the legal separation. 3. 4. The object
of the law is to prevent doubtful paternity. Other analogous acts

c. What is the evidence needed to file a crime of Premature Marriage? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence – Medical
records Other relevant evidence

3. 4.

3.12.6

PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY

a. What law punishes the crime of Performance of Illegal Marriage Ceremony? Revised
Penal Code Article 352

b. What are the elements of Performance of Illegal Marriage Ceremony? 1. The

offender is either a priest or minister of any religious or by civil authorities.
The offender performs a marriage ceremony. The marriage is invalid. Other analogous
acts

2. 3.

4.

c. What is the evidence needed to file a crime of Performance of Illegal Marriage

Ceremony? 1. 2. Testimonial Evidence – Affidavit of complainant and witnesses
Documentary Evidence – photographs, videos, police reports and other documents
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3. 4.

Object Evidence – marriage contract Other relevant evidence

3.13

CRIMES AGAINST HONOR 3.13.1 LIBEL a. What law punishes the crime of Libel? Revised
Penal Code Article 353

b. What are the elements of Libel? 1. Imputation of a crime, or a vice, or defect,

real or imaginary or any act, omission, condition , status or circumstance tending
to cause the dishonor, discredit, or contempt of a natural or juridical person, or
to blacken the memory of one who is dead. Malice, either in law or in fact;
Publication of the imputation Identifiably of the victim Other analogous acts

2. 3. 4. 5.

c. What is the evidence needed to file a crime of Libel? 1. 2. Testimonial Evidence

– Affidavit of complainant and witnesses Documentary Evidence – photographs,
videos, police reports and other documents Object Evidence – publications or
letters Other relevant evidence

3.

4.

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3.13.2

THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION FOR COMPENSATION

a. What law punishes the crime of threatening to publish and offer to prevent such
publication for compensation? Revised Penal Code Article 356

b. What are the elements of threatening to publish and offer to prevent such
publication for compensation? 1. 2. 3. There is threat to publish libel. There is
offer to prevent such publication for a compensation. Other analogous acts

c. What is the evidence needed to file a crime of threatening to publish and offer
to prevent such publication for compensation? 1. 2. Testimonial Evidence –
Affidavit of complainant and witnesses Documentary Evidence – photographs, videos,
police reports and other documents Object Evidence – publications or letters Other
relevant evidence

3. 4.

3.13.3

SLANDER a. What law punishes the crime of Slander? Revised Penal Code Article 358

b. What are the elements of Slander? 1. 2. 3. Any imputation with intent to defame
or insult Other analogous acts

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c. What is the evidence needed to file a crime of Slander? 1. 2. Testimonial

Evidence – Affidavit of complainant and witnesses Documentary Evidence –
photographs, videos, police reports and other documents Other relevant evidence

3.

3.12.4

SLANDER BY DEED a. What law punishes the crime of Slander by Deed? Revised Penal
Code Article 359

b. What are the elements of Slander by Deed? 1. 2. 3. Any action against another
with intent to embarrass the victim Other analogous acts

c. What is the evidence needed to file a crime of Slander by Deed? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Other relevant evidence

3.

3.13.5

LIBELOUS REMARKS a. What law punishes the crime of Libelous Remarks? Revised Penal
Code Article 362

b. What are the elements of Libelous Remarks? 1. 2. The offender made a public and
malicious imputation. The imputation is made with malice.
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3. 4.

The imputation is a violation of privilege communication. Other analogous acts

c. What is the evidence needed to file a crime of Libelous Remarks? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence –
publications or letters Other relevant evidence

3. 4.

3.13.6

INCRIMINATORY MACHINATIONS a. What law punishes the crime of Incriminatory

Machinations? Revised Penal Code Article 363

b. What are the elements of Incriminatory Machinations? 1. The offender performs an

act which is not constitutive of perjury. Such act incriminates or imputes to an
innocent person the commission of a crime. The act must be malicious. Other
analogous acts

2.

3. 4.

c. What is the evidence needed to file a crime of Incriminatory Machinations? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Other relevant evidence

3.

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3.13.7

INTRIGUING AGAINST HONOR a. What law punishes the crime of Intriguing against
Honor? Revised Penal Code Article 364

b. What are the elements of Intriguing against Honor? 1. 2. Any person who shall
make any intrigue. The purpose is to blemish the honor or reputation of another
person. Other analogous acts

3.

c. What is the evidence needed to file a crime of Intriguing against Honor? 1. 2.

Testimonial Evidence – Affidavit of complainant and witnesses Documentary Evidence
– photographs, videos, police reports and other documents Object Evidence –
publications or letters Other relevant evidence

3. 4.

3.14

QUASI OFFENSES (CRIMINAL NEGLIGENCE) a. What law punishes Criminal Negligence?

Revised Penal code Article 365

b. What are the elements of Criminal Negligence? 1. 2. 3. The offender commits an

act by reckless imprudence. The act will constitute a grave felony, if it is
intentional. Other analogous acts

c. What is the evidence needed to file a case of reckless imprudence 1. Testimonial

Evidence – Affidavit of complainant and witnesses

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2.

Documentary Evidence – photographs, videos, police reports and other documents

Object Evidence – Medical records or list of damages incurred Other relevant
evidence

3. 4.

DISASTER INCIDENTS INVESTIGATION When a disaster occurs, a tremendous

responsibility is immediately vested on the law enforcement officer to perform many
tasks. A disaster is usually a situation that strikes suddenly and is totally
unexpected. It consists of a single event or a series of events that may be brought
on by the work of the elements or through some man-made accident.

3.14.1

RULE I: GENERAL GUIDELINES IN THE CONDUCT OF DISASTER INVESTIGATION

The procedures to be adopted by the investigator in a disaster situation vary on

the type of disaster that occurs. a. When a man-made disaster happens, there is a
need to charge suspects of the crime committed, the investigator’s primary role
therefore, is to establish that a crime was committed either by deliberate means or
gross negligence, recklessness or lack of foresight. The investigators roles are
focused mainly in gathering and preserving physical evidence, take testimonies of
survivors/witnesses, locate and identify the suspects and file a case in court. In
the disaster scene, the investigator must strictly follow the basic crime scene
management/ procedure so as not to destroy vital evidence needed to prove the
culpability of the suspects and keep record on the evidence chain of custody to
avoid loss or intermixing or swapping with other pieces of evidence. b. When a
natural disaster occurs, there is nobody to be charged in court for the incident is
an act of nature or “force majeure”. The investigator’s roles are supportive in
nature and are mainly to give assistance to survivors/victims, sealing/cordoning
the disaster area, (if practicable, to prevent looting and or arrest persons
committing crimes), keeping records of the survivors, the injured and the dead,
documenting/tagging of dead bodies prior to transport to consolidation area,
keeping inventory of recovered personal belongings, assist in identifying dead
bodies, securing death certificates for future legal actions, maintaining record of
chain of custody of recovered items and other similar roles which are intended to
document the loss of lives and destruction of properties caused by the disaster
incident.

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c. In the occasion of the disaster, the police investigator shall investigate and
directly file cases against persons arrested for committing collateral crimes
(looting, thefts, robbery, rape, etc.) during and after the disaster incident to
appropriate court.

3.14.2

RULE II: INVESTIGATIVE PROCEDURES FOR WATERBORNE DISASTER

Waterborne disasters occur in water areas such as sea, rivers and lakes. It may be
caused by natural or man-made forces or combination of both. Most of these
disasters are sea mishaps (ships sank by typhoons), ship collision, overloading of
passengers and cargoes, mass drowning during fluvial parades/festivities or dam
collapse/over-flooding and tidal waves. The responding investigator must be
appropriately dressed and equipped for waterborne response for protection, comfort,
ease and safety. a. ARRIVAL AT THE SCENE OF INCIDENT The following are the actions
to be taken by the Investigator 1. Assist injured survivors and bring them to the
nearest medical facility for treatment; Immediately inform concerned agencies,
Philippine Coast Guard (PCG), Maritime Industry Authority (MARINA), National
Disaster Coordinating Council (NDCC) through the fastest means of communication;
Search and locate cadavers. Put a Cadaver Tag on every dead body and
photograph/video it with the tag number on it. (Note: Do not remove any personal
effects or belongings of the cadaver. It will help in identifying the victim.
Transport all cadavers to the consolidation area or morgue.) Record the names of
survivors and segregate the passengers from the crew. Conduct interview and obtain
statement of survivors and crews for testimonial evidence; Arrest persons who may
have committed collateral crimes such as theft, robbery, acts of lasciviousness or
rape, etc on the occasion of the incident. Remind them of the Miranda Doctrine at
the first possible instance.
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3.

4.

5.

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7.

If the disaster occurs in lakes or river areas where there is the possibility of
containing/securing the area, cordon the scene by putting up nets and marker buoys,
rope lines and other flotation devices; After processing of the crime scene, SOCO
or other concerned agencies shall turn-over the scene of incident to the police
investigators for subsequent release of the scene of incident after consultation
with other agencies.

8.

b. ACTIONS IN THE CONSOLIDATION AREA The duties of the police investigator in the
consolidation area are the following: 1. 2. Conduct initial identification of the
cadaver/s; Assist in segregating identified cadavers from unidentified ones and
keep records of identified cadavers and missing persons; Assist in the initial
physical examination of the cadaver and record its description (height, weight,
gender, race, etc.) fingerprints, distinguishing marks, dentures and other similar
activities; Assist in the conduct of inventory of personal effects/belongings of
the cadavers, such as clothes, identification cards, jewelries, wallets,
cellphones, and other valuables and place them in a container or plastic bag and
turn them over to the designated agency custodian. The container or plastic bag
must be marked according to the cadaver tag number; In case of ship mishaps, secure
passenger Manifests to account for the passengers and crew, especially the dead and
missing ones; Secure a copy of Death certificates for future reference in legal
settlements, Insurance Policies, Death Claims and Benefits, re- marriage of
survivors, business relationships, etc; Obtain a record of inventory receipts of
turn-over documents, items and cadavers;

3.

4.

5.

6.

7.

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8.

Prepare/Submit progress and final reports on the incident.

c. GUIDELINES IN THE FILING OF CASES Waterborne Disaster, especially sea disasters

are usually investigated by a Board Of Marine Inquiry (BMI)- a fact-finding body
appointed by the Secretary of Department of Transportation (SDOTC) to determine the
cause of incident. If the incident is caused by human factors such as gross
negligence, recklessness and lack of foresight on the ship/boat crews, the police
investigator can file a case using the result of the findings of the BMI as primary
basis.

3.14.3

RULE III: INVESTIGASTIVE PROCEDURES FOR EARTHQUAKES, LANDSLIDES AND VOLCANIC

ERUPTIONS

Earthquakes, landslides and volcanic eruptions are mainly caused by natural forces
of nature causing displacement of population, injuries and death to a large number
of people in a disaster-stricken area. It is force majeure and cannot be blamed on
any human, hence criminal liability is non-existent. The investigator’s role is
more on the determination on the extent of damages both to human life and
properties. The investigator must coordinate and assist concerned agencies, Local
Govt. Units (LGU), Office Civil Defense (OCD), National Disaster Coordinating
Council (NDCC) in documenting and identifying the victims of the incident and
properties destroyed. In responding to any of the above incidents, due care must be
exercised by the investigator to protect himself/herself from both physical and
chemical hazards in the scene of incident. a. UPON ARRIVAL AT THE INCIDENT SCENE 1.
Assist survivors and bring the injured ones to nearest medical facility for
treatment; List the names of the injured and dead identified on the spot; Put a
cadaver tag on the unidentified victims/bodies and take photograph/video; Conduct
interviews and obtain statements of survivors and witnesses about whereabouts of
their other companions/households to account for the missing; Arrest persons who
committed collateral crimes such as theft, robbery/looting, act of lasciviousness
or rape, etc on the occasion of the incident;
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4.

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6.

Transport all cadavers to the consolidation area or morgue. Note: Do not remove any
personal effects or belongings of the cadaver.

b. ACTIONS AT THE CONSOLIDATION AREA The duties of the police investigator in the
consolidation area are the following: 1. Assist in the conduct of initial
identification, physical examination of the cadaver and record its description
(height, weight, gender, race, etc.) fingerprints, distinguishing marks, dental
examination results and other similar activities; Assist in the conduct of
inventory of the personal effects/belongings of the cadavers, such as clothes,
identification cards, jewelries, wallets, mobile phones, and other valuables and
placed them in a container or plastic bag and turn-over to the agency designated as
custodian. The container or plastic bag must be marked according to the cadaver tag
number; Keep/update records of identified cadavers and missing persons; Secure
Death certificates for future reference in legal settlements, Insurance Policies,
Death Claims and Benefits, re-marriage of survivors, business relationships, etc;
Establish chain of custody of inventoried /recovered personal effects/belongings of
the cadaver; Determination and Investigations of other collateral crimes committed;
Determination and estimation of the cost of damages; Submit Incident Report.

2.

3.

4.

5.

6.

7. 8.

3.14.4

RULE IV: INVESTIGATIVE DISASTER/ACCIDENT

PROCEDURES

FOR

AVAITION

In a civil aircraft accident, the Civil Aviation Authority of the Philippines

(CAAP) is the lead agency to investigate. The duty of the PNP/investigator who
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have the jurisdiction in the area is to secure the crash site. All actions during
investigation shall be in coordination with the CAAP particularly in processing the
crash site as mandated in the RA 9497, An Act Creating the Civil Aviation Authority
of the Philippine (CAAP) and International Civil Aviation Organization (ICAO) Annex
13. In responding to this kind of incident, the investigator shall ensure that
there is no threat to his safety and security against hazards such as chemical
spill, possible explosions and fire by wearing safety gears (combat shoes, helmet,
gloves, and eye protectors). a. ACTIONS UPON ARRIVAL AT THE SCENE Upon receipt of
the report, inform the PNP AVSEGROUP, Civil Aviation Authority of the Philippines
(CAAP) and DOTC about the incident. 1. Save lives – survivors should be immediately
given for medical attention; Protection of the crash site/scene of incident – crash
site shall be protected so as not to contaminate the possible evidence in
determining the cause of accident. If possible, put police line and deploy PNP
personnel as perimeter security; Coordinate for assistance from the PNP-Maritime
Group, Phil. Coast Guard & AFP if the aircraft crashed into a body of water/ocean;
Intruders/looters should be arrested. Coordinate with the proper authority before
removing objects or parts of the plane, personal belonging of passengers and crews
and dead bodies. It may contaminate or tamper the evidences and destroy the scene
or crash site; Conduct interviews with the witnesses; Photograph/video the scene
and victims; Conduct briefing prior to turning over the scene of accident/ crash
site to the proper authority (CAAP); Assist appropriate lead agency in the
investigation, particularly in the identification of the victims/dead bodies.

2.

3.

4. 5.

6. 7. 8.

9.

10. Prepare/Submit an Incident/Case Report.

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b. ACTIONS IN THE CONSOLIDATION AREA The duties of the police investigator in the
consolidation area are the following: 1. 2. Conduct initial identification of the
cadaver; Assist in segregating identified cadavers from unidentified ones and keep
records of identified cadavers and missing persons; Assist in the physical
examination of the cadaver and record its description (height, weight, gender,
race, etc.) fingerprints, distinguishing marks, dentures and other similar
activities; Assist in the conduct of inventory of personal effects/belongings of
the cadavers, such as clothes, identification cards, jewelries, wallets,
cellphones, and other valuables and placed them in a container or plastic bag and
turn them over to the designated agency custodian. The container or plastic bag
must be marked according to the cadaver tag number; Secure passenger manifests to
account for the passengers and crew, especially the dead and missing ones. Secure a
copy of death certificates for future reference in legal settlements, insurance
policies, death claims and benefits, remarriage of survivors, business
relationships, etc; Obtain a record of inventory receipts of turn-over documents,
items and cadavers; Prepare/submit progress and final reports on the incident.

3.

4.

5.

6.

7.

8.

3.14.5

RULE V: INVESTIGATION PROCEDURE FOR LAND TRANSPORTATION (MRT- RAILROAD COLLISION)

RESULTING IN DISASTER

Traveling by train is one of the fastest, cheapest, most comfortable and reliable
means of public transportation. This mass transit system is utilized by a great
number of people, especially in Metro Manila.

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Train accidents are caused by negligence on the part of the engineers, maintenance
crew and/or the train operator. However, some of these catastrophes also result
from mechanical failure or substandard train manufacturing. Other causes: a.
Collision with another train b. Derailment c. Collision with a car or bus 1. 2. 3.
8. Mechanical failure that leads to an accident Inadequate security on the train
Dated and unsuitably maintained tracks Conductor or engineering negligence

ACTIONS UPON ARRIVAL AT THE CRIME SCENE 1. Save lives - survivors/injured

passengers and crews should be immediately rescued for medical treatment; Secure
the railways and scene of accidents – immediately informed the dispatcher/operators
regarding the incident to immediately stop or re-route the operations, if
necessary; Arrest intruders/looters; Interview the witnesses; Photograph/video the
scene of incident before and after the incident; Inform the concerned agency in
Philippine National Railways (PNR), Light Rail Transit Authority (LRTA),or Manila
Metro Rail Transit Corp.(MRTC). Upon arrival of the concerned investigating
agencies, PNP investigator shall conduct briefing prior to the turnover of the
scene of incident for their further processing;

2.

3. 4. 5.

6.

7.

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8.

After processing of the crime scene by the SOCO or other concerned agencies, they
shall turn-over the scene of incident to the police investigators for subsequent
release of the scene of incident in consultation with other agencies; Assist the
proper authority in the conduct of investigation;

9.

10. Prepare special/ initial investigation report; 11. Prepare incident case
folder.

3.14.6

RULE VI: PROCEDURE IN THE INVESTIGATION OF CHEMICAL, BIOLOGICAL, RADIOLOGICAL AND

NUCLEAR (CBRN) TERRORISM

CBRN is an acronym that stands for chemical, biological, radiological, and nuclear.
It is in common use worldwide, to refer to incidents or weapons in which any of
these four hazards are presented. A CBRN incident Differs from a hazardous material
incident in both effect scope (i.e., CBRN can be a mass casualty situation) and in
intent. CBRN incidents are responded to under the assumption that they are
deliberate, malicious acts with the intention to kill, sicken and/or disrupt
society. Evidence preservation and perpetrator apprehension are of greater concern
for CBRN investigators. a. Personal Protective Equipment (PPE) 1. 2. 3. 3. Eye
protector Gloves Mask Gown/Suit

b. General Indicators of CBRN incident 1. Unexplained number of people displaying

unusual behavior, signs and symptoms; Explosions Abandoned spraying devices or
packages

2. 3.

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4. 5. 6.

Unusual or unscheduled insect spraying Unusual fog, clouds or mist (particularly

indoors) Pools of liquid that have no visible source or an unusual source Strange
smells Dead animals Discolored, withered vegetation .An unusual number of people
displaying flu-like symptoms or other illness

7. 8. 9. 10

10. Suspicious packages and their locations etc. c. ACTIONS UPON ARRIVAL AT THE
SCENE 1. Recognize the incident, respond to it, but do not intervene, while taking
the necessary precautions and calling in the appropriate specialized resources.
Save lives – If possible and with the clearance from appropriate authority,
survivors should immediately be given assistance for medical treatment; Arrest the
perpetrators/looters; Secure the area – do not allow anyone to enter the affected
area; Inform/coordinate with the proper authority such as (The Philippine Nuclear
Research Institute (PNRI), Department of Health (DOH) and National Disaster and
Coordinating Council (NDCC.) Interview the witnesses; Photograph/video the scene;
Upon arrival of concerned investigating authorities, the local investigator shall
conduct briefing prior to the turn-over of the crime scene/scene of incident for
their disposition.

2.

3. 4.

5.

6. 7. 8.

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9.

Prepare Special/initial Investigation report.

10. Prepare Incident Case folder.

CADAVER TAG DATA (Sample) Cadaver Tag Number Name (If Identified) Date/Time/Place
of Recovery 01/23-5-09 (Nr./day/month/year Unknown May 26, 2009/1330H/Sitio Liit,
Brgy. Isla, Mamburao, Mindoro Occ. May 23, 2009/1200H/ship sank/ Sea waters off
Batangas (Princess of the Stars) Male Tattoo on the right shoulder “Guardian” PO3
Juan Takbo, Mamburao Police Stn.

Time/Date/Type /place of incident Gender Other Pertinent Information Name of

Investigator

“He who does not prevent a crime when he can, encourages it.” (Seneca)
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CHAPTER IV BASIC CRIMINAL PROCEDURE

4.1

ARREST

Arrest is the taking of a person into custody so he can answer for the commission
of an offense.

4.1.1

WHO ARE EXEMPTED FROM ARREST a. President of the Philippines

b. Senators or members of the House of Representatives, while Congress is in

session, in all offenses punishable by not more than six (6) years imprisonment. c.
Diplomatic officials and their domestics.

4.1.2

METHODS OF ARREST:

a. With warrant of arrest – The officer shall inform the person to be arrested of
the cause of the arrest and of the fact that a warrant has been issued for his
arrest, except when he flees or forcibly resists before the officer has opportunity
to inform him or when the giving of such information will imperil the arrest. The
officer need not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrants shall be shown
to him as soon as practicable. b. Without warrant of arrest – The officer shall
inform the person to be arrested of his authority and the cause of his arrest,
unless the person to be arrested is then engaged in the commission of an offense or
is pursued immediately after its commission or after an escape, or flees or
forcibly resists before the officer has opportunity to inform him, or when the
giving of such information will imperil the arrest.

4.1.3

WHEN LAWFUL WARRANTLESS ARREST IS MERITED

a. When, in the law enforcer’s presence, the person to be arrested has committed,
is actually committing, or is attempting to commit an offense.
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b. When an offense has in fact just been committed, and the officer has personal
knowledge of facts indicating that the person to be arrested has committed it. c.
When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another. d. If a person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him without a warrant at any time and in
any place within the Philippines. e. When the arrest is made by a bondsman for the
purpose of surrendering the accused. f. Where the accused released on bail attempts
to leave the country without court permission. g. Violation of conditional pardon,
punishable under Article 159 of the Revised Penal Code as a case of evasion of
service of sentence. h. Arrest following a Deportation Proceeding by the
Immigration Commissioner against illegal and undesirable aliens. “Hot Pursuit”
Arrest A hot pursuit arrest must have the following elements: a) that an offense
has been committed, b) offense has just been committed, and c) that there is
probable cause based on personal knowledge of facts or circumstances that the
persons to be arrested where the ones who committed it.

4.1.4

ARREST AS RESULT OF A “BUY-BUST” OPERATION:

A “buy-bust” operation is a form of entrapment which has been repeatedly accepted

to be valid means of arresting violators of Dangerous Drugs Law. It is a means of
catching a malefactor in flagrante the delicto. The police officers conducting the
operation are not only authorized but duty-bound to apprehend the violator and to
search him for anything that may have been part of or used in the commission of the
crime. (PP vs. Salazar, Jan. 27, 1997)

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4.1.5

HOW TO EFFECT ARREST

In general, an arrest is made by an actual restraint of the person to be arrested,

or by his submission to the custody of the person making the arrest. No violence or
unnecessary force shall be used in making an arrest, and the person arrested shall
not be subjected to any greater restraint than is necessary for his detention.
(Sec. 2, Rule 113 of Rules of Court) a. Making the Arrest. 1. 2. Use good judgment
in connection with the arrest. Assume that the subject is armed and will take your
life if given an opportunity.

b. Arrest on the Street. 1. This should be made from the side or rear of the person
to be arrested when possible. Subject should be forced toward a building. Avoid
congested areas when possible.

2. 3.

c. Arrest at Home, Office or Business Establishment. 1. Restrict the subject’s

movement. Do not grant request for personal privileges before being searched.
Clothing and other things requested should be examined for weapons or items of
evidence before turning them over to the subject.

2.

4.1.6

SUMMONING ASSISTANCE FOR ARREST

Any officer making a lawful arrest may verbally summon as many as he deems
necessary to aid him in making the arrest. Every person so summoned shall aid him
in the making of such arrest when he can render such aid without detriment to
himself (Sec 10, ibid)

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4.1.7

PROCEDURES WHEN ARREST IS MADE a. Secure the person arrested (handcuff at the back)
1. Conduct thorough search for weapons and other illegal materials; Inform the
arrested person of his rights as provided for in the Constitution;

2.

b. Use reasonable force in making arrest. 1. 2. Confiscated evidence shall be

properly documented; Bring the arrested person to the Government Accredited
Hospital for Medical Examination. Bring the arrested documentation person to the
Police Station for

3.

4.1.8

ARREST OF MINORS (RA 9344, Juvenile Justice Act of 2005)

If it has been determined that the child taken into custody is fifteen (15) years
old or below, the authority which will have an initial contact with the child has
the duty to immediately release the child to the custody of his/her parents or
guardian, or in the absence thereof, the child’s nearest relative. Said authority
shall give notice to the local social welfare and development officer. If the
parents, guardians or nearest relatives cannot be located, or if they refused to
take custody, the child may be released to any of the following: a. Duly registered
non-governmental or religious organization; b. A barangay official or a member of
the Barangay council for the Protection of Children (BCPC); c. A local social
welfare and development officer; d. DSWD

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4.1.9

DETENTION AND BODILY SEARCH OF A MINOR

A child in conflict with the law shall only be searched by a law enforcement
officer of the same gender and shall not be locked up in a detention cell. However,
if detention is necessary, the arresting officer shall ensure that the child shall
be secured in quarters separate from that of the opposite sex and adult offenders.

4.1.10

USE OF HANDCUFFS AND OTHER INSTRUMENTS OF RESTRAINT OF FORCE OR RESTRAINT

Unless absolutely necessary and only after all other methods of control have been
exhausted and have failed shall handcuffs or other instruments of restrain be used.
(Sec. 21, e) Apprehending officers shall avoid displaying or using any firearm,
weapon, handcuffs or other instrument. The taking of statement of the child shall
be conducted in the presence of the following: a. child’s counsel of choice or in
the absence thereof, a lawyer from the Public Attorney’s Office; b. the child’s
parents, guardian, or nearest relative, as the case maybe be; and c. the local
social welfare and development officer (Sec. 22)

4.1.11

POINTS TO CONSIDER IN MAKING AN ARREST a. Use of “Reasonable Force”:

The force to be used must be one that is only necessary to overcome any actual
resistance to the arrest (PP vs. Delima, 46 Phil 738). In U.S. vs Mojica, 42 Phil
784, the Supreme Court ruled that a police officer, in the performance of his duty,
must stand his ground and cannot, like a private individual, take refuge in flight,
his duty requires him to overcome his opponent. The force which he may exert
therefore differ somewhat from that which may ordinarily be offered in self-
defense. A police officer is not required to afford a person attacking him the
opportunity for a fair and equal struggle.
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b. Arrest of Suspects on board a Moving Vehicle; In general, vehicles carrying

suspected persons may not be fired upon solely to disable the car. The driver or
other occupant of a moving vehicle may be fired upon only if the police has
probable cause to believe that the suspects pose an imminent danger of death to the
police or other persons, and the use of firearm does not create a danger to the
public that outweighs the like benefits of its use. (Rule 8, POP) c. Rights of the
Accused under Custodial Investigation 1. Any person under investigation for the
commission of an offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel. No
torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited. Any confession
or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.

2.

3.

4.1.12

RIGHT OF ATTORNEY OF RELATIVE TO VISIT PERSON ARRESTED

Any member of the bar shall, at the request of the person arrested or of another on
his behalf, have the right to visit and confer privately with such person, in jail
or any other place of custody at any hour of the day or, in urgent cases, of the
night. This right shall be exercised by any relative of the person arrested to
reasonable regulation (Sec. 14, Rule 113) Executive Order No. 155, dated March
1987, amending Republic Act No. 857, penalizes any public officer who deprives a
person of his right to counsel. The penalty shall be prison correctional or
imprisonment of 6 months and 1 day to 6 years.

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RA 857 has been repealed by RA 7438. The penalty is now a fine of P/ 6,000.00 or a
penalty of imprisonment of not less than 8 years but not more than 10 years, or
both. The penalty of perpetual absolute disqualification shall be imposed upon the
investigating officer who has been previously convicted of a similar offense.

4.1.13

CUSTODIAL INVESTIGATION

a. It is the skillful questioning of a suspect or a hostile witness to divulge

information on the crime being investigated. b. It must be remembered, however,
that police investigators cannot learn proper investigation merely by reading
books. The success of the investigation depends on its legality, topic, physical
insight and experience.

4.1.14

DUTIES OF ARRESTING OFFICER (Extracted from POP)

a. 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. b. 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 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 of 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. 1. 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. It shall be the
responsibility of the arresting officer to see to it that this is accomplished.

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2.

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 2000 Rules of Criminal Procedure. 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. 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. If the person arrested waives his right against selfincrimination 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 counsel of his
own choice or a competent and independent counsel provided by the government.

3.

4.

5.

When transporting the suspect/s to the police station, be sure that no weapon/s are
retained in their persons that could be used against the arresting officer,
regardless if the person arrested is a noted criminal or not. It is also a must
that the arrested person/s be handcuffed to prevent violence.

4.1.15

BOOKING PROCEDURES OF THE ARRESTED PERSON/SUSPECT

a. The arrested suspect shall be subjected to booking procedure. He shall likewise

be fingerprinted, photograph and tested for possible use of prohibited drugs b. A
person under arrest who refuses to be fingerprinted may be prosecuted for
disobedience to an agent of person in authority, as defined and penalized by
Article 151 of the RPC.

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AUTHORITY: Opinion No. 204 series -1939 by the Secretary of Justice JOSE ABAD
SANTOS c. Inform the arrested person of his rights as provided for in the
Constitution. d. Prepare spot report, sworn statement/s of arresting officers and
witnesses, other supporting documents, and processing of evidences.

4.1.16

MEDICAL EXAMINATION OF ARRESTED PERSON / SUSPECT

Immediately after the arrest of a person ordered arrested by the court, or of a

suspect under investigation, he should be subjected to a medical examination. Prior
to his release or any change of custody, the suspect should also be medically
examined by a medico-legal officer or, in the absence of such medico-legal officer,
by any government physician in the area.

4.1.17

MUGSHOTS AND FINGERPRINTS

Arresting units shall at all times take the mugshots and fingerprints of all
arrested persons. Copies thereof shall be submitted to the PNP Crime Laboratory
Service to serve as master file.

4.1.18

REPORTS ON ARRESTED PERSONS

All arrests made shall be immediately reported to the C, PNP; ATTN: DO, DIDM;
PACER/AIDSOTF (in case of kidnapping /drugs).

4.1.19

ACCOMPLISHMENT OF NATIONAL CRIME REPORTING SYSTEM (NCRS)

Operating units concerned shall accomplish regularly the NCRS and all agencies
concerned shall be provided with copies thereof.

4.2.

RAID a. Every member of a law enforcement organization must know the technique of
conducting a raid.
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b. Raids are usually made after careful investigation and when other methods of
accomplishing the mission are not suitable. c. Whenever available, men experienced
in conducting police raids should be chosen as raid commanders. A raid is a
surprise invasion of a building or area. Legal basis. A raid must be legal, having
its basis in lawful process and conducted in a legal manner. This will be in the
form of a search warrant or warrant of arrest. The raid may be in pursuit of a
person reasonably believed to be guilty of felony and when it is known that the
felony has just been committed. 4.2.1 OBJECTIVES The purpose of a raid is usually
to: a. Effect an apprehension; b. Obtain evidence of illegal activity by surprising
the offenders in flagrante delicto; or c. Recover stolen property. Coordination
with the Local Station Commander It is imperative that immediately before the
service of a search warrant, the team leader should see to it that proper
coordination is made with the commander of local police station having jurisdiction
over the target premises. The coordinating party will inform the local station that
their team is conducting an operation in their area. This gesture of coordination
is not only a manifestation of courtesy but also a safety measure to avoid the
possibility of a mistake encounter. 4.2.2 BASIC REQUIREMENT IN THE CONDUCT OF RAID

Generally, all police operations (arrest, raid, search and seizure, checkpoint,
etc) shall be conducted: a. With a marked police vehicle; b. Preferably led by a
Commissioned Officer;

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c. With personnel in proper police uniform (Rule 3, PNP Operational Procedures) •

Exception to this rule is when using a marked police vehicle will jeopardize the
safety of the raiding team and will greatly affect the success of the operation.

4.2.3

USE OF REASONABLE FORCE

The use of force shall be avoided. However, when during the conduct of the raid an
armed confrontation took place due to unavoidable circumstances, the police may use
reasonable force to overcome the threat posed by the suspect. The use of firearm is
justifiable only by virtue of the Doctrines of Selfdefense, Defense of Relative,
and Defense of Stranger, and if the police has probable cause to believe (based on
facts) that the suspect poses an imminent danger of death or serious physical
injury to the police or other persons. The officer-in-charge must ensure that no
innocent civilian is caught in the crossfire (Rule 6 and 7 supra). Things to be
done after a raid where an armed confrontation ensued. The officer-in-charge shall:
a. Secure the sight of the confrontation; b. Check whether the situation still
poses imminent danger; c. Evacuate the wounded to the nearest hospital; d. Account
for the killed, wounded and arrested persons for proper disposition (Rule 9, ibid)
Jurisdictional Investigation. The police unit which has jurisdiction over the area
of the armed confrontation, together with the SOCO team, if any, shall immediately
undertake the necessary investigation and processing of the scene of the encounter
(Rule 10, PNP Operational Procedures). Dont’s in Raid a. Don’t take unnecessary
chances. b. Don’t underestimate the ability or courage of the subject(s).
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c. Don’t raid when not properly prepared. d. Don’t endanger the lives of
bystanders. e. Don’t use police personnel who are not well-acquainted with each
other. f. Don’t forget gas masks when employing teargas. g. Don’t be unnecessarily
violent on the subject(s). h. Don’t shoot unless very imperative. i. Don’t touch
the evidence unless seen by witnesses, or by the owner or occupant of the place.

4.3.

SEARCH

Search is an examination of an individual’s person, house papers or effects, or

other buildings and premises to discover contraband or some evidence of guilt to be
used in the prosecution of a criminal action. What is a Search Warrant? A search
warrant is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and to bring it before the court. (Sec 1, Rule
126) Requisites for filing an application for Search Warrant: All applications for
Search Warrant shall be personally endorsed by the Heads of the Agency for the
search of places and the things to be seized to be particularly described therein.
The application shall be recorded in a log book. The application shall likewise
indicate the following data: a. Office applying for the Search Warrant; b. Name of
officer-applicant; c. Name of the Subject, if known; d. Address/place(s) to be
searched;
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e. Specific statement of things/articles to be seized; f. Sketch of the place to be

searched. A search warrant shall be issued only upon probable cause (personal
knowledge of facts and not mere hearsay) in connection with one specific offense to
be determined personally by the judge. The facts must be sufficient to establish
the need for the issuance of the warrant. Where to file Search Warrant: An
application for search warrant shall be filed with any court within whose
territorial jurisdiction a crime was committed; or for compelling reason stated in
the application, with any court within the judicial region where the crime was
committed if the place of the commission of the crime is known, or any court within
the judicial region where the warrant shall be enforced. If the criminal action has
been filed, the application shall only be made in the court where the criminal
action is pending (Sec. 2, Rule 126 Rules of Court). Requirements and other
significant features in a Search Warrant a. Probable Cause Required for Search
Warrant. Probable cause means that sufficient facts must be presented to the judge
issuing the warrant to convince him that circumstances sufficiently establish the
need for the issuance of the warrant. b. May Things Illegally Seized be Admitted as
Evidence? The fruits of an illegal search are inadmissible as evidence. Any
evidence obtained in violation of the right of the people against unlawful searches
and seizure shall be inadmissible for any purpose in any proceeding. [Sec 3(2),
Art. III, 1987 Constitution.] c. May Articles Not Mentioned in the Searched Warrant
be seized? Generally, articles not included in the search warrant may not be
seized. However, articles prohibited by a statute, although not included in the
search warrant, may be seized. Thus, if during the progress of a bonafide search
for other commodities illegally possessed, whether with search warrant or not,
contraband or items declared as illegal perse are discovered, the contraband can be
seized. The seizure of goods, the possession of which is forbidden by statute,
violates no constitutional right of the accused.

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Procedures in the Implementation of a Search Warrant How to Serve a Search Warrant.

A search warrant must be served within ten (10) days from its date (thereafter, it
shall be void) Sec 9, Rule 126) in the following manner: a. The police officer
concerned must go to the place indicated in the search warrant and take the things
described therein, in the presence of at least one competent witness who is a
resident of the neighborhood. If he is refused admittance to the place of search
after giving notice of his purpose and authority, he may force himself in to
execute the warrant; and if he is detained therein, he may force himself out to
liberate himself. (Sec 6, ibid) b. The search must be made at daytime, unless
otherwise stated. (Sec. 8, ibid) No search of a house, room, or any other premises
shall be made except in the presence of the lawful occupant thereof or any member
of his family or in the absence of the latter, two (2) witnesses of sufficient age
and discretion residing in the same locality. (Sec. 8, Rule 126) c. The officer
seizing the property must issue a detailed receipt for the same to the lawful
occupant of the premises in whose presence the search and seizure were made, or in
the absence of such occupant, must in the presence of at least two (2) witnesses of
sufficient age and discretion residing in the same place, leave a receipt in the
place in which he found the seized property. (Sec. 11, Rule 126) 1. In compliance
with this procedure, it has been standard practice to issue a RECEIPT FOR PROPERTY
SEIZED (See Apendix “A”) after a seizure. The receipt is signed by the seizing
officer only and two witnesses. A Recent Supreme Court decision, however, declared
that such receipt when signed by the accused is in effect an extrajudicial
confession of the commission of the offense charge. (People v de las Marinas, G.R.
No. 87215, 30 Apr 91; and People v Mauyao, G.R. No. 84525, 6 Apr 92). Consequently,
if the accused does not sign such receipt, it may still be used in evidence.
Moreover, if the accused DID in fact sign the receipt, but he signed it with the
assistance of a lawyer of his choice, that act would constitute a valid waiver of
his right against selfincrimination.

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2.

It must be noted that in the cases cited above, the crime charged is possession of
prohibited drugs. Thus, the signature of an accused on the receipt is a declaration
against interest and a tacit admission of the crime charged, as mere unexplained
possession of prohibited drugs is punishable. The doctrine is therefore not a hard
and fast rule as far as the “Receipt for Property Seized” is concerned. If the
crime charged is possession of unlicensed firearms, for example, the doctrine would
apply. In other cases, it does not apply. Another document which is made after a
search is a CERTIFICATION OF PROPERTY SEIZED (See Appendix “B”). This is signed by
the owner of the seized property, and would seem to fall more under the court
pronouncement above than the “Receipt for Property Seized” does.

3.

d. As much as possible, during the opening of safes,drawers, cabinets, tables,

etc., the lifting of the articles should be done by the owner of the house or his
authorized representative, or by immediate members of his family, to preclude any
suspicion of theft or planting of evidence. e. Thereafter, the officer must
immediately deliver the things or property seized to the judge who issued the
warrant, together with an inventory duly verified under oath. (Sec 11, ibid.) f.
Things or personal properties not specifically indicated or particularly described
in the search warrant shall not be taken; g. Court approval necessary to Retain
Seized Property. Approval by the court which issued the search warrant is necessary
for the retention of the property seized by the police officers; and only then will
their custody of the court to be allowed. Absent such approval, the police officers
have no authority to retain possession …and more so, to deliver the property to
another agency…(Vide Tambasen v. PP, 246 SCRA 184) Lawful Warrantless Searches and
Seizures Warrantless searches and seizures are lawful under any of the following
circumstances: a. When there is consent or waiver. To be valid waiver, the right
must exist, the owner must be aware of such right, and he must have an intention to
relinquish it.
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b. When evidence to be seized is in “plain view.” The discovery of the evidence

must be inadvertent or unintentional. c. Customs search or searches made at
airports/seaports in order to collect duties. This warrantless search is allowed
due to urgency. d. Search of moving vehicles may be made without a warrant because
it would be impracticable to secure a warrant before engaging in “hot pursuit.”
(Bagista 214 SCRA 63) e. Routine searches made at or in the interest of national
security, such as border checks or checkpoints. f. Stop-and-search or stop-and-
frisk, where the search precedes the arrest, and is allowed on grounds of
reasonable suspicion. g. Search incidental to a lawful arrest. A person lawfully
arrested may be searched for dangerous weapons or anything which may be used as
proof of the commission of an offense, without a search warrant. (Sec 12, Rule 126)
It should be noted that the arrest must precede the search. The search is limited
to body search and to that point within reach or control of the person arrested, or
that which may furnish him with the means of committing violence or of escaping or
reach for evidence to destroy it (PP vs. Lua, 70 SCAD 446) h Search of Vessels –
Search of vessels and aircraft because of their mobility and the relative ease in
fleeing the state’s jurisdiction (Roldan vs Arca, 65 SCRA 336). i Exigent
Circumstances – Justice Reynato Puno proposed this exception as a catch-all
category that would encompass a number of diverse situations where some kind of
emergency makes obtaining a search warrant impractical, useless, dangerous or
unnecessary ( PP vs. Fernandez, 57 SCAD 481) Note: Things prohibited by law which
were illegally searched and seized does not call for their return to the owner. (Uy
Kheytin vs. Villareal, 42 Phil 886).

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4.4.

SEIZURE

Seizure – is the confiscation of personal property by virtue of a search warrant

issued for the purpose. A search warrant may be issued for the search and seizure
of the following personal properties: a. Subject of the offense; b. Stolen or
embezzled and other proceeds, or fruits of the offense; or c. Used or intended to
be used as the means of committing an offense. Items to be Seized A search warrant
may be issued for the search and seizure of the following personal property: a.
Property subject of the offense; b. Property stolen or embezzled and other or
fruits of the offense; and c. Property used or intended to be used for committing
an offense. (Sec 2, ibid) Disposition of Seized Items The following will be seized
at the scene of the raid: a. Weapons which may be used against the raiding party.
b. Articles which might be used as a means of suicide. c. Articles which might be
used in escaping. d. Articles which might be used in the commission of the crime.
e. Proceeds or fruits of the crime (stolen property). Disposition of money and
other valuable property a. Money should be counted and the serial numbers of the
bills noted;

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b. Valuables should be sealed in a property envelope in the presence of the owner;

c. Property envelope should show a complete inventory of its contents; d. The owner
should initial the outside of the envelope showing approval of its contents; e.
Raiding officers should sign their names on the outer part of the envelope; and f.
A receipt should be given to the suspect. However, this is qualified by the
decision of the Supreme Court declaring as inadmissible in evidence the Receipt for
Property Seized, signed by the accused, in cases where mere possession of the items
seized is punishable. Disposition of articles not covered in a search warrant a. If
the articles are illicit or contraband, the same must be seized. b. Such articles
may be used as evidence to prosecute the person. c. Non-contraband articles must be
returned to the owners or must not be seized in the first place.

4.5.

INQUEST

Inquest is an informal and summary investigation conducted by a public prosecutor

in criminal cases involving persons arrested and detained without the benefit of a
warrant of arrest issued by the court for the purpose of determining whether or not
said persons should remain under custody and correspondingly be charged in court.
The provisions of this section were lifted from the text of Department of Justice
Circular No. 61 entitled New Rules On Inquest, which refers to the duties and
responsibilities of the prosecutor and not of the PNP personnel. Though some of the
provisions are necessary for our information, other provisions were reworded to
harmonize with the intent of the manual. The purpose of the investigation manual is
to guide police personnel on what is his/her role or sanctions in case of failure
to do so. It does not cover those sanctions in cases of neglect or irregularity in
the performance of their duties since it has no jurisdiction over them.

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Inquest Prosecutor PNP units shall coordinate with the City or Provincial
Prosecutors to ensure efficient inquest proceedings. It shall secure updated list
of Prosecutors who are detailed as duty inquest with their names and schedule of
assignments. If there is only one Prosecutor in the area, all inquest cases shall
be referred to him for appropriate action. Commencement and Termination of Inquest
The inquest proceedings shall commence upon receipt by the Inquest Officer from the
law enforcement authorities of the complaint/referral documents which should
include: a. the affidavit of arrest; b. the investigation report; c. the statement
of the complainant and witnesses; and d. other supporting evidence gathered by the
police in the course of the latter’s investigation of the criminal incident
involving the arrested or detained person. e. the Inquest Officer shall, as far as
practicable, cause the affidavit of arrest and statement/affidavit of the
complainant and the witnesses to be subscribed and sworn to before him by the
arresting officer and the affiants. f. the inquest proceedings must be terminated
within the period prescribed under the provisions of Article 125 of the Revised
Penal Code, as amended. Inquest Procedure a. Documents required in specific cases –
The investigator-on-case shall prepare the following documents for
submission/presentation to the inquest Prosecutor, to wit: 1. Murder, Homicide and
Parricide a) certified true copy/machine copy of the certificate of death of the
victim; and

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b)

Necropsy report and the certificated of post-mortem examination, if readily

available.

2.

Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries a) b)

medical certificate of the complaining witness showing the nature or extent of the
injury; certification or statement as to duration of the treatment or medical
attendance; and certificate or statement as to duration of incapacity for work.

c)

3.

Violation of the Dangerous Law (R.A 9165, as amended) a) Refer to Rule II Section
13 of the PNP Manual on AntiIllegal Drugs Operation and Investigation of CY 2010.

4.

Rape, Seduction and Forcible Abduction with Rape. a) the medico-legal report
(living case report), if the victim submitted herself for medical or physical
examination.

5.

Violation of the Anti-Carnapping Law (R.A. No. 6539) a) machine copy of the
certificate of motor vehicle registration; machine copy of the current official
receipt of payment of the registration fees of the subject motor vehicle; and other
evidence of ownership.

b)

c) 6.

Violation of the Anti-Cattle Rustling Law (PD No. 533) a) b) machine copy of the
cattle certificate for registration; and photograph of the cattle, if readily
available.

7.

Violation of Illegal Gambling Law (PD No. 9287) a) gambling paraphernalia; and
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b) 8.

cash money, if any.

Illegal Possession of Explosives (R.A No. 8294 as amended) a) b) chemistry report

duly signed by the forensic chemist; and photograph of the explosives, if readily
available

9.

Violation of the Fisheries Law (PD No. 704) a) photograph of the confiscated fish,
if readily available; and certification of the Bureau of Fisheries and Aquatic
Resources.

b)

10. Violation of the Forestry Law (PD No. 705) a) scale sheets containing the
volume and species of the forest products confiscated, number of pieces and other
important details such as estimated value of the products confiscated;
certification of Department of Environment and Natural Resources/ Bureau of Forest
Management; and seizure receipt.

b)

c)

The submission of the foregoing documents shall not be absolutely required if there
are other forms of evidence submitted which will sufficiently establish the facts
sought to be proved by the foregoing documents. a. Incomplete documents. – When the
documents presented are not complete to establish probable cause, the Inquest
Officer shall direct the law enforcement agency to submit the required evidence
within the prescribed period under the provision of Article 125 of the Revised
Penal Code, as amended. Otherwise, the Inquest Officer shall order the release of
the detained person and, where the inquest is conducted outside of office hours,
direct the law enforcement agency concerned to file the case with the City or
Provincial Prosecutor for appropriate action. b. Presence of detained person – the
presence of the detained person who is under custody shall be ensured during the
proceedings.
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However, the production of the detained person before the Inquest Officer may be
dispensed with in the following cases: 1. 2. 3. if he is confined in a hospital; if
he is detained in a place under maximum security; if production of the detained
person will involve security risks; or if the presence of the detained person is
not feasible by reason of age, health, sex and other similar factors.

4.

The absence of the detained person by reason of any of the foregoing factors shall
be noted by the Inquest Officer and reflected in the record of the case. c. Charges
and counter-charges - All charges and counter-charges arising from the same
incident shall, as far as practicable, be consolidated and inquested jointly to
avoid contradictory or inconsistent disposition. d. Duty of Inquest Officer - The
Inquest Officer shall first determine if the arrest of the detained person was made
in accordance with paragraphs (a) and (b) of Section 5, Rule 13 of the 1985 Rules
on Criminal Procedure, as amended, which provide that arrest without a warrant may
be affected: 1. When, in the presence of the arresting officer, the person to be
arrested has committed, is actually committing, or is attempting to commit an
offense; or When an offense has in fact just been committed and the arresting
officers have personal knowledge of facts indicating that the person to be arrested
has committed it.

2.

For the purpose, the Inquest Officer may summarily examine the arresting officers
on the circumstances surrounding the arrest of apprehension of the detained person.
e. Where arrest not properly effected - Should the Inquest Officer find that the
arrest was not made in accordance with the Rules, he shall: 1. 2. recommend the
release of the person arrested or detained; note down the disposition on the
referral document;
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3.

prepare a brief memorandum indicating the reasons for the action taken; and forward
the same, together with the record of the case, to the City or Provincial
Prosecutor for appropriate action.

4.

Where the recommendation for the release of the detained person is approved by the
City or Provincial Prosecutor but the evidence on hand warrants the conduct of a
regular preliminary investigation, the order of release shall be served on the
officer having custody of said detainee and shall direct the said officer to serve
upon the detainee the subpoena or notice of preliminary investigation, together
with the copies of the charge sheet or complaint, affidavits or sworn statements of
the complainant and his witnesses and other supporting evidence. f. Where arrest is
properly effected - Should the Inquest Officer find that the arrest was properly
effected, the detained person shall be asked if he desires to avail himself of a
preliminary investigation and, if he does, he shall be made to execute a waiver of
the provisions of Article 125 of the Revised Penal Code, as amended, with the
assistance of a lawyer and, in case of nonavailability of a lawyer, a responsible
person of his choice. The preliminary investigation may be conducted by the Inquest
Officer himself or by any other Assistant Prosecutor to whom the case may be
assigned by the City or Provincial Prosecutor, which investigation shall be
terminated within fifteen (15) days from inception. g. Inquest proper - Where the
detained person does not opt for a preliminary investigation or otherwise refuses
to execute the required waiver, the Inquest Officer shall proceed with the inquest
by examining the sworn statements/affidavits of the complainant and the witnesses
and other supporting evidence submitted to him. If necessary, the Inquest Officer
shall require the presence of the complaining witnesses and subject them to an
informal and summary investigation or examination for purposes of determining the
existence of probable cause. h. Meaning of Probable Cause - Probable cause exists
when the evidence submitted to the Inquest Officer engenders a well-founded belief
that a crime has been committed and that the arrested or detained person is
probable guilty thereof.

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1.

Presence of Probable Cause - If the Inquest Officer finds that probable cause
exists; he shall forthwith prepare the corresponding complaint/ information with
the recommendation that the same be filed in court. The complaint/information shall
indicate the offense committed and the amount of bail recommended, if available.

Thereafter, the record of the case, together with the prepared

complaint/information, shall be forwarded to the City of Provincial Prosecutor for
appropriate action. The complain/information may be filed by the Inquest Officer
himself or by any other Assistant Prosecutor to whom the case may be assigned by
the City or Provincial Prosecutor. 2. Contents of Information - The information
shall, among others contain: a) certification by the filing Prosecutor that he is
filing the same in accordance with the provisions of Section 7, Rule 112, Rules on
Criminal Procedure, in cases cognizable by the Regional Trial Court; the full name
and aliases, if any, and address of the accused; the place where the accused is
actually detained; the full names and addresses of the complainant and witnesses; a
detailed description of the recovered items, if any; the full name and address of
the evidence custodian; the age and date of birth of the complainant or the
accused, if eighteen (18) years of age or below; and the full names and addresses
of the parents, custodians or guardians of the minor complainant or accused, as the
case may be.

b)

c) d)

e) f) g)

h)

3.

Absence of Probable Cause - If the Inquest Officer finds no probable cause, he

shall:
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a)

recommend the release of the arrested or detained person; note down his disposition
on the referral document; prepare a brief memorandum indicating the reasons for the
action taken; and forthwith forward the record of the case to the City Provincial
Prosecutor for appropriate action.

b) c)

d)

If the recommendation of the Inquest Officer for the release of the arrested or
detained person is approved, the order of release shall be served on the officer
having custody of the said detainee. Should the City on Provincial Prosecutor
disapprove the recommendation of release, the arrested or detained person shall
remain under custody, and the corresponding complaint/information shall be filed by
the City or Provincial Prosecutor or by any Assistant Prosecutor to whom the case
may be assigned. i. Presence at crime scene - Whenever a dead body is found and
there is reason to believe that the death resulted from foul play or from the
unlawful acts or omissions of other persons and such fact has been brought to his
attention, the Inquest Officer shall: 1. forthwith proceed to the crime scene or
place of discovery of the dead person; and cause an immediate autopsy to be
conducted by the appropriate medico-legal officer in the locality or the PNP
medico-legal division or the NBI medico-legal office, as the case may be; direct
the police investigator to cause the taking of photographs of the crime scene or
place of discovery of the dead body; supervise the investigation to be conducted by
the police authorities as well as the recovery of all articles and pieces of
evidence found thereat and see to it that the same are safeguarded and the chain of
the custody thereof properly recorded; and
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2.

3.

4.
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5.

submit a written report of his findings to the City or Provincial Prosecutor for
appropriate action.

j. Sandigan cases - Should any complaint cognizable by the Sandiganbayan be

referred to an Inquest Officer for investigation, the latter shall, after
conducting the corresponding inquest proceeding, forthwith forward the complete
record to the City or Provincial Prosecutor for appropriate action. k. Recovered
articles - The Inquest Officer shall see to it that all articles recovered by the
police at the time of the arrest or apprehension of the detained person are
physically inventoried, checked and accounted for with the issuance of
corresponding receipts by the police officer/investigator concerned. 1. The said
articles must be properly deposited with the police evidence custodian and not with
the police investigator. Inquest Officer shall ensure that the items recovered are
duly safe guarded and the chain of custody is properly recorded.

2.

l. Release of recovered articles - The Inquest Officer shall, with the prior
approval of the City or Provincial Prosecutor or his duly authorized
representative, order the release of recovered articles to their lawful owner or
possessor, subject to the conditions that 1. 2. there is a written request for
their release; the person requesting the release of said articles is shown to be
the lawful owner or possessor thereof; the requesting party undertakes under oath
to produce said articles before the court when so required; the requesting party,
if he is material witness to the case, affirms or reaffirms his statement
concerning the case and undertakes under oath to appear and testify before the
court when so required; the said articles are not the instruments, or tools in the
commission of the offense charged nor the proceeds thereof; and

3.

4.

5.

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6.

photographs of said articles are first taken and duly certified to by the police
evidence custodian as accurately representing the evidence in his custody.

4.6

REGULAR OR DIRECT FILING OF CASE

Regular Filing is the process of filing a complaint or information with the court
or office of the prosecutor under the following circumstances: a. for the offenses
where a preliminary investigation is required ( where penalty imposed is at least
four ( 4 ) years, two ( 2 ) months and one ( 1 ) day without regard to the fine),
by filing the complaint with the proper officer for the purpose of conducting the
requisite preliminary investigation. b. For all other offenses, by filing the
complaint of information directly with the Municipal Trial Courts and Municipal
Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila
and other chartered cities, the complaints shall be filed with the Office of the
Prosecutor unless otherwise provided in their charters. c. When accused lawfully
arrested without warrant. - When a person is lawfully arrested without warrant
involving an offense which requires a preliminary investigation, the complaint or
information may be filed by a prosecutor without need of such investigation
provided an inquest has been conducted in accordance with existing rules. In the
absence or unavailability of an inquest prosecutor, the complaint may be filed by
the offended party or a peace officer directly with the proper court on the basis
of the affidavit of the offended party or arresting officer or person.

When I hear, I forget; when I see, I remember; but when I do, I understand.”
(Confucius)
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CHAPTER V CRIMES PUNISHABLE UNDER SPECIAL LAWS

5.1

COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 a. What law pertaining to dangerous

drugs? b. Drugs Act? Republic Act 9165

What are the acts punishable under Comprehensive Dangerous

1.

Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals Maintenance of a Den, Dive or Resort Being Employees and Visitors of a
Den, Dive or Resort Manufacture of Dangerous Drugs Precursors and Essential
Chemicals. and/or Controlled

2.

3. 4. 5.

6.

Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other

Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals Possession of Dangerous Drugs Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous Drugs Possession of Dangerous Drugs
During Parties, Social Gatherings or Meetings

7. 8.

9.

10. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for

Dangerous Drugs During Parties, Social Gatherings or Meetings 11. Use of Dangerous
Drugs

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12. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources

Thereof 13. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals 14.
Unnecessary Prescription of Dangerous Drugs 15. Unlawful Prescription of Dangerous
Drugs 16. Other analogous circumstances c . What is the evidence needed to file a
case for violation of RA 9165? 1. 2. Testimonial Evidence – Affidavit of witnesses
and others. Documentary Evidence – Certificate of non-issuance of license to import
or to engage in trade of precursors/paraphernalia/equipment, photographs, video,
police records and other pertinent documents related thereto. Object Evidence –
dangerous drugs, precursors, paraphernalia, equipment, results of drug examination
and drug test. Other evidence relevant

3.

4.

5.2.

DRUGS INVESTIGATIONS (VIOLATION OF COMPREHENSIVE Dangerous Drugs Act of 2002) 5.2.1

Coordination Requirements

a. PNP units, prior to any anti-drug operations shall, as far as practicable,

coordinate with the Philippine Drug Enforcement Agency (PDEA). b. In any case, the
PNP anti-drug units shall coordinate/inform the PDEA of the anti-drug operation
within 24 hours from the time of the actual custody of the suspects or seizure of
said drugs and substances as well as paraphernalia and transport equipment used in
illegal activities involving such drugs and/or substances and shall regularly
update the PDEA on the status of the cases involving the said anti-drug operation.
(Section 86(a) IRR, RA 9165)

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c. The word “As far as practicable” as being used in Section 86, IRR, RA 9165,
means that which prior coordination with the PDEA may be done, practiced or
accomplished and which is feasible and possible to be performed. However, it admits
of an exception. The following instances, among others are deemed not practicable
for prior coordination, to wit: 1. 2. In remote places, where coordination is not
possible; When coordination will compromise the lives of police operatives,
informants and witnesses, involved in anti-drug operation; When coordination will
prejudice the apprehension of drug suspects and confiscation of dangerous drugs and
Controlled Precursors and Essential Chemicals (CPECs); When prior coordination will
compromise the entire police operation. (Note: In the above instances, post-
coordination shall be made in lieu of prior coordination).

3.

4.

5.2.2.

AUTHORITY TO OPERATE a. Paragraph (a) to (e) Section 24, RA 6975 as amended by RA

8551. b. Republic Act 9165 and its IRR.

c. The PNP still possesses authority to conduct anti-illegal drug operations

provided that the case shall eventually be transferred to the PDEA based on Supreme
Court Decisions in People of the Philippines versus Sta. Maria, G.R. No. 171019,
February 23, 2007 and People of the Philippines versus Rashamia Hernandez et. Al.,
G.R. No. 184804, June 18, 2009. Hence, PDEA deputation is no longer necessary or
required for PNP personnel assigned with anti-drug units. d. The PNP are not
prevented from conducting warrantless arrest under Section 5, Rule 113 and search
incidental to a lawful arrest under Section 13, Rule 126 of the Rules of Court.

5.2.3.

INVESTIGATION OF CASES INVOLVING PLANNED OPEATIONS a. Buy-Bust Operation

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1.

All warrantless arrest, search, and seizures to be undertaken by PNP member/anti-

drug units shall be in accordance with Section 5, paragraphs (a) and (b), Rule 113,
Section 13, Rule 126 of the Rules of Court, respectively and relevant Supreme Court
Decisions. The Team Leader shall see to it that prior reports have been submitted
which may include but not limited to the following classified reports: a) b) c) d)
e) Summary of Information of the Target/s Special Reports Surveillance Report
Contact Meeting Report Development Report

2.

3.

The following shall be strictly observed by the Arresting Officers/Investigator-on-

Case during the conduct of Buy-Bust Operations: a) Arrested person shall be
informed of the nature of his arrest and be apprised of his constitutional rights
(Miranda Doctrine); The dangerous drugs, CPECs, paraphernalia and equipment as the
case may be, shall be immediately seized and taken into custody of the apprehending
team; The seizing officer shall, as far as practicable, conduct the actual physical
inventory, take photographs and properly mark the items or articles seized or
confiscated in the place of seizure and in the presence of the arrested person/or
his counsel or representative and representatives from the Department of Justice,
MEDIA and any elected government officials who shall be required to sign on the
inventory and given each a copy thereof. (Observed the rule on chain of custody and
DOJ Department Circular No. 3 in compliance with Prescribed Procedures on the
Seizure and Custody of Dangerous Drugs.)

b)

c)

NOTE: DOJ Department Circular No. 3 para 2 and 3 stated that: Paragraph 2. All
anti-drug operations require physical inventory and photography of seized and
confiscated drugs. – The mandatory nature of the requirements under Section 21 (1),
Article II of RA
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9165 and its IRR does not distinguish between warrantless seizures and those made
by virtue of a warrant. The difference merely lies in the venues of the physical
inventory and photography of the seized items. Thus: 1. In seizures covered by
search warrants, the physical inventory and photography must be conducted in the
place where the search warrant was served; In case of warrantless seizures such as
a buy-bust operation, the physical inventory and photography shall be conducted at
the nearest police station or office of the apprehending officer/team, whichever is
practicable; however, nothing prevents the apprehending officer/team from
immediately conducting the physical inventory and photography of the items at the
place where they were seized.

2.

Paragraph 3. In case of non-observance of the prescribed procedure, the

apprehending law enforcement officers must present an explanation to justify the
same, and must prove that the integrity and evidentiary value of the seized items
are not tainted. – While lapses in the handling of confiscated evidence in anti-
drug operations may be countenanced, these lapses must be duly recognized and
explained in terms of their justifiable grounds. The integrity and evidentiary
value of the evidence seized must also be shown to have been preserved. d) The
seizing officer shall submit the seized or confiscated items to the nearest PNP
Crime Laboratory for examination and analysis; The arresting officer shall bring
the arrested suspects to their office for proper custody, documentation and proper
disposition; The arrested suspect/s shall be presented to the PNP CRIME LABORATORY
(CL) for physical, medical examination and drug testing; The assigned Investigator-
On-Case shall collate the results of the examinations and prepare the appropriate
charges and refer the case to the prosecutor’s office for inquest proceedings. He
shall submit the following: 1) Copy of the Spot Report duly received by PDEA

e)

f)

g)

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Copy of the Receipt of the Inventory of items seized/ Confiscated duly verified
under oath 3) Photograph of the scene 4) Copy of the Receipt of Turn-Over of
Evidence 5) Copy of the Receipt of Turn-Over of the arrested suspect/s 6) Copy of
the request for and results of the Laboratory, Drug Test and Physical/Medical
examination on the Drugs and the suspect/s 7) Copy of the Booking Sheet and Arrest
Report 8) Photographs of the evidence seized and the suspect/s 9) Copy of the
Affidavit of Arrest 10) Copy of the Affidavit of Seizing Officer 11) Affidavit of
other witnesses, if any 12) Others that may be submitted later h) The Investigator-
On-Case shall thereafter submit a report to the Chief of Office. The Investigator-
On-Case shall furnish the PDEA with a complete set of the case folder and regularly
update the same with the status of the case. The Chief of Office and the
Investigator-On-Case shall maintain a case monitoring system or record of the case
and shall ensure the religious presence of the PNP witnesses during court (This is
in compliance to PNP MC No. 2008-0801-003 dated August 1, 2008 in relation to
NAPOLCOM MC No. 2007-001). Search and Seizure by Virtue of Warrant The following
rules and procedures shall govern the responsibility of anti-drug units in the
application and implementation of a Search Warrant (SW). 1) All applications for a
Search Warrant before the Local Courts shall be approved by the Regional,
Provincial, District, City Directors, Chief of Police and NOSU Directors as the
case maybe, or their duly designated authority. However, if there is reasonable
ground to believe that the application in the local Courts shall compromise the
operation, the applications for SW for violation of RA 9165 may
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2)

i)

j)

k)
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also be filed before the Executive Judges of Manila and Quezon City as the case
maybe with the personal endorsement of the C, PNP or TDIDM as provided for under
Supreme Court A.M. No 08-4-4SC, dated July 7, 2009. 2) Upon approval by the Chief
of Office concerned, the application shall be filed to the Court of jurisdiction
during office hours. However, the application may be filed after office hours,
during Saturdays and Sundays and Holidays provided, the applicant shall certify and
state the facts under oath, to the satisfaction of the Judge, that its issuance is
urgent as provided under Supreme Court Administrative Circular No 19 dated August
4, 1987. In view of this, concerned units are encouraged to coordinate with and
acquire the addresses and contact numbers of the Judges in their respective
jurisdictions. Pursuant to DOJ Department Circular No. 3 para 1 (Compliance with
Prescribed Procedures on the Seizure and Custody of Dangerous Drugs) the following
shall be observed: Paragraph 1 Physical inventory and photography of seized and
confiscated drugs are required in antidrug operations. – Section 21 (1), Article II
of Republic Act (RA) 9165 entitled “Comprehensive Dangerous Drugs Act of 2002” and
its Implementing Rules and Regulation (IRR) require that after seizure and
confiscation of drugs, police officers shall immediately physically inventory and
photograph the same in the presence of the following persons: (a) the accused or
the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel; (b) a representative from the media; (c) a
representative from the Department of Justice (must be Prosecutor); and (d) any
elected public official who shall sign, and shall be given copies of the inventory.
4) The Search Warrant shall immediately be returned to the issuing Judge with all
the pieces of evidence
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3)
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seized, and inform him on the results of the search conducted. In no case should
the subject Search Warrant be returned beyond the prescribed period. 5) Upon
approval of the Court, the seizing officer, in coordination with the Investigator-
On-Case, shall turn over the seized evidence to PNP Crime Laboratory for
examination and proper disposition. The Investigator-On-Case shall prepare the
request to the PNP Crime Laboratory for examination. The arrested suspect/s shall
be apprised of his Constitutional Rights and be brought to the office of the
operating unit and shall be turned over to the Investigator-On-Case for booking,
investigation, documentation and appropriate action. The Investigator-On-Case shall
submit the arrested suspects to PNP Crime Laboratory for Drug Test and
Physical/Medical Examination. The Investigator-On-Case shall secure and collate all
the results of the Laboratory and Medical Examination for attachment to the case
referral to the prosecutor for inquest proceedings. In cases where the arrested
suspect/s are foreign nationals, the Investigator-On-Case shall make formal
communication to the Embassy concerned, Bureau of Immigration and other concerned
government agencies such as Anti-Money Laundering Council (AMLC) and the National
Bureau of Investigations (NBI).

6)

7)

8)

9)

10) The Investigator-On-Case shall prepare the case referral for inquest proceeding
before the Prosecutor’s Office with the following attachments: (a) Copy of the
prior coordination form to PDEA (as far as practicable) Copy of the Spot Report
received by PDEA Copy of the Receipt of the Inventory of items seized/ confiscated
duly verified under oath

(b) (c)

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(d) (e) (f) (g)

Copy of the Certification of Orderly Search Photograph of the crime scene Copy of
the Receipt of Turn-Over of Evidence Copy of the Receipt of Turn-Over of the
arrested suspect/s Copy of the request for and results of the Laboratory, Drug Test
and Medical examination on the Drugs and the suspect/s. Copy of the Booking Sheet
and Arrest Report Photographs of the evidence seized and the suspect/s Copy of the
Affidavit of Arrest Copy of the Affidavit of Seizing Officer Affidavit of other
witnesses, if any Others that may be submitted later

(h)

(i) (j)

(k) (l) (m) (n)

11) In cases where there is no arrested suspect, the Investigator-On-Case shall

prepare the case referral to the Prosecutor’s Office for appropriate legal action
with the following attachments: (a) (b) (c) Copy of the Search Warrant Copy of
return of Search Warrant Copy of the prior coordination form to PDEA (as far as
practicable) Copy of the Spot Report received by PDEA Copy of the Receipt of the
Inventory of items seized/ confiscated duly verified under oath Copy of the
Certification of Orderly Search

(d) (e)

(f)

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(g) (h) (i)

Photograph of the crime scene Copy of the Receipt of Turn-Over of Evidence Copy of
the request for and results of the Laboratory on the Drugs. Photographs of the
evidence seized Copy of the Affidavit of Seizing Officer Affidavit of other
witnesses, if any

(j) (k) (l)

(m) Surveillance Report (n) Artist’s Sketches/Descriptions of suspect/s if any,

Others that may be submitted later

(o)

12) After the filing of the case, the following shall also be done: (a) The
Investigator-On-Case shall submit an after-inquest report or progress report to the
Chief of Office. The Investigator-On-Case shall furnish PDEA with a copy of the
case folder with complete attachments. The operating unit shall regularly update
the PNP Directorate for Operations (DO) and PDEA on the status of the case. The
Investigator-On-Case and the arresting officers respectively shall maintain a case
tracking/monitoring system or record of the case and shall inform his immediate
officer and the higher office in writing if the case is dismissed or the suspect/s
is released for further investigation by the prosecutor. The Chief of Office shall
ensure that all police witnesses shall religiously attend and testify in

(b)

(c)

(d)

(e)

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court during the trial and shall require them to submit on after court-duty report.

5.2.4.

Clandestine Laboratory and Storage Facility

a. All operations involving clandestine laboratories and storage facilities shall

be coordinated with PNP AIDSOTF for technical assistance, proper assessment and
evaluation prior to any negation operation. b. The investigation shall commence
with an intelligence datagathering process to verify the existence of the
clandestine laboratory or storage facility and to identify the persons involved in
its operations. The intelligence operations shall be appropriately documented by
reports supported by sketches, maps, photographs and other relevant pieces of
evidence. 1. Under no circumstance shall any person deliberately use his or her
sense of smell, taste, or touch to identify suspected dangerous drugs, chemicals or
hazardous materials or substances. Smoking is strictly prohibited in the
clandestine laboratory site. After a PNP anti-drug unit has successfully seized
clandestine laboratory, it shall ensure that the pieces of evidence are properly
preserved. It shall strictly observe the following : a) All pieces of evidence
shall be handled and processed appropriately, having in mind the possibility of
lifting latent prints. Any evidence on hand shall not be moved unless first
photographed or videotaped. The photograph or videotape shall contain the
date/time, sequence, and a caption including a complete description of the vehicle,
location, etc. The film shall be restored properly as evidence. Once the pieces of
evidence have been processed, the bulk chemicals and any contaminated laboratory
hardware, including glasswares, shall be preserved in the clandestine laboratory
until after the ocular inspection by the Court. All documents found in the
laboratory shall be preserved in their totality. They shall also be examined for
fingerprints.
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2.

b)

c)

d)
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e)

In case of possible actual environmental leakage of chemicals in the laboratory or

any incident that would endanger public health and safety, guidelines developed by
the DOH and DENR as per Republic Act 6969 shall be followed. When a clandestine
laboratory is dismantled, investigators should conduct back-tracking investigation
on the dangerous drugs, controlled precursor and essential chemicals found in the
laboratory: 1) Collect all documents for paper trail examination and indicators
that might lead to identification of those involved, the origin of the chemicals,
and how it was obtained and brought to the country (diversion or smuggling through
the port or coastal areas). Examine controlled chemical containers for labels and
markings to determine manufacturer and country of source or origin. All arrested
persons shall be apprised of their Constitutional Rights and conduct post-arrest
interview to elicit further useful information such as who obtained the controlled
chemical and when, where and how it entered the country.

f)

2)

3)

5.2.5.

FINANCIAL INVESTIGATION

a. During the intelligence/surveillance phase of the anti-drug operations, the PNP

operating units must also gather information on possible money laundering
activities of target personalities and their cohorts/accomplices. b. Operating
units must check/examine the financial records of the suspect/s which include,
among others, the following: 1. Bank accounts records (Bank statements, deposit
slips, encashed checks, credit card monthly billings, debit/credit memos, wire
transfers, cashier's checks, foreign exchange sold); Business records (Articles of
Incorporation/By-Laws, board minutes, stock record books);

2.

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3.

Deeds of conveyances (Deed of Sale, Deed of Donation, Deed of Transfer, etc); TCTs,
ORs/CRs of vehicles; Payment of bills, purchase of materials, stock certificates;
and Anything that will show that the money went into financial institutions or
where the money went/spent and where it came from.

4. 5. 6.

c. If there is a need for financial investigation on the case, the PNPAnti Drug
Unit shall refer the matter to the Anti-Money Laundering Council (AMLC) for
appropriate action.

5.2.6

INVESTIGATION OF CASES INVOLVING UNPLANNED OPERATIONS

a. In Flagrante Delicto Cases - Acts committed in violation of RA 9165 subject for

warrantless arrest, search, and seizure which is classified in this Manual as
unplanned operation with the exception of cases enumerated under planned operation.
b. Other In flagrante delicto cases in violation of RA 9165: 1. 2. 3. Search made
incidental to a valid arrest; Search of moving vehicles, vessels and aircrafts;
Seizure of dangerous drugs, CPECs etc, which are concealed in smuggled items; When
there is a consented search; Seizure of evidence in plain view (evidence which can
be seen in plain view without need of search done in Police CheckPoints, Routine
Police Patrol and Inspections) and Other analogous police operations.

4. 5.

6.

c. Procedures stated in Section 12.3 para 3 shall be observed by the PNP personnel
or anti-illegal drug units, in the enforcement of warrantless arrest under Section
5, Rule 113 and Section 13, Rule 126 of the Rules of Court.

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5.2.7

DOJ DEPARTMENT CIRCULAR NO. 1 (Resolutions A Quo of Cases Covered by Automatic

Review)

This particular DOJ circular provides inter alia: “In the interest of the service,
pursuant to existing laws and to prevent public confusion and preemptive results,
no copy of the resolution in the cases covered by automatic review of the Secretary
of Justice shall be released and/or promulgated pending the exercise of such
review; Department Circular (DC) 46, dated 26 June 2003, “Automatic Review of
Dismissed Cases Involving R.A. No. 9165 (Comprehensive Dangerous Drugs Act of
2002)” Any resolution released in violation hereof shall be invalid as having been
issued without authority/unlawfully and the officers/persons responsible for such
release shall be administratively and criminally dealt with.

5.2.8

DOJ DEPARTMENT CIRCULAR NO. 2-A in relation to DOJ Department Circular No. 46

In the interest of public service and pursuant to existing laws, effective upon
issuance hereof and until otherwise ordered, the dismissal of all cases, whether on
inquest/preliminary investigation or on appeal, filed for violation of RA No. 9165
and involving the maximum penalty of life imprisonment to death, shall be subject
to automatic review, as follows: a. For cases dismissed by City and Provincial
Prosecutors, by the Regional State Prosecutor having jurisdiction over the
Prosecution Office concerned; and b. For cases dismissed by the Chief State
Prosecutors and City Prosecutors of cities in Metropolitan Manila by the Secretary
of Justice. The entire record of the case shall be elevated to the reviewing
authority concerned within three (3) days from issuance of the resolution
dismissing the complaint or appeal, as applicable. The automatic review shall be
summary in nature and shall be completed within sixty (60) days from receipt of the
case records. This Department Circular shall apply to covered cases which have been
dismissed, prior to the issuance hereof if such dismissal has not yet attained
finality as of the date of this Circular.

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5.3

ILLEGAL/UNLAWFUL POSSESSION OF FIREARMS a. What law punishes Illegal Possession of

Firearms? Republic Act No 8294 amending PD 1866

b. What are the acts that constitute Illegal Possession of Firearms? 1. Any person
who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low
powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar
firepower, part of firearm, ammunition, or machinery, tool or instrument used or
intended to be used in the manufacture of any firearm or ammunition: Provided, That
no other crime was committed or Any person who shall carry any licensed firearm
outside his residence without legal authority or with expired license or permit to
carry.

2.

NOTE: If homicide or murder is committed with the use of an unlicensed firearm,

such use of an unlicensed firearm shall be considered as an aggravating
circumstance. If the violation of this Sec. is in furtherance of or incident to, or
in connection with the crime of rebellion or insurrection, sedition, or attempted
coup d'etat, such violation shall be absorbed as an element of the crime of
rebellion, or insurrection, sedition, or attempted coup d' etat. The same penalty
shall be imposed upon the owner, president, manager, director or other responsible
officer of any public or private firm, company, corporation or entity, who shall
wilfully or knowingly allow any of the firearms owned by such firm, company,
corporation or entity to be used by any person or persons found guilty of violating
the provisions of the preceding paragraphs or wilfully or knowingly allow any of
them to use unlicensed firearms or firearms without any legal authority to be
carried outside of their residence in the course of their employment. c. What is
the evidence needed to file a case of illegal possession of firearms? 1.
Testimonial Evidence – Affidavit of witnesses and arresting officer
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2.

Documentary Evidence - Certificate of non–registration and other pertinent

documents, police records, macro-etching and ballistics results and other related
documents Object Evidence - Firearms and other related parts and ammunitions Other
relevant evidence

3.

4.

5.4

ILLEGAL/UNLAWFUL POSSESSION OF EXPLOSIVES AND INCENDIARY DEVICES a. What law

punishes Illegal Possession of Explosives and Incendiary devices? Republic Act No
9516 amending PD 1866

b. What are the acts that constitute Illegal Possession of Explosives and
Incendiary devices? 1. Any person who shall wilfully and unlawfully manufacture,
assemble, deal in, acquire, dispose, import or possess any explosive or incendiary
device, with knowledge of its existence and its explosive or incendiary character,
where the explosive or incendiary device is capable of producing destructive effect
on contiguous objects or causing injury or death to any person, including but not
limited to, hand grenade(s), rifle grenade(s), 'pillbox bomb', 'molotov cocktail
bomb', 'fire bomb', and other similar explosive and incendiary devices or Any
person who shall wilfully and unlawfully manufacture, assemble, deal in, acquire,
dispose, import or possess any part, ingredient, machinery, tool or instrument of
any explosive or incendiary device, whether chemical, mechanical, electronic,
electrical or otherwise, used or intended to be used by that person for its
manufacture, construction, assembly, delivery or detonation, where the explosive or
incendiary device is capable or is intended to be made capable of producing
destructive effect on contiguous objects or causing injury or death to any person.
The acts stated above are done without license issued by proper authority.

2.

3.

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4.

Other analogous acts

NOTE: The mere possession of any part, ingredient, machinery, tool or instrument
directly used in the manufacture, construction, assembly, delivery or detonation of
any explosive or incendiary device, by any person whose business activity, or
employment does not lawfully deal with the possession of such article shall be
prima facie evidence that such article is intended to be used by that person in the
unlawful/illegal manufacture, construction, assembly, delivery or detonation of an
explosive or incendiary device The owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation or entity,
who shall wilfully or knowingly allow any explosive or incendiary device or parts
thereof owned or controlled by such firm, company, corporation or entity to be used
by any person or persons found guilty of violating the provisions of this law c.
What is the evidence needed to file a case of Illegal Possession of Explosives and
Incendiary Devices? 1. Testimonial Evidence – Affidavit of witnesses and arresting
officer Documentary Evidence - Certificate of non–registration and other pertinent
documents, Photographs of explosives and incendiary devices, Forensic chemical
results of explosives and other incendiary devices, police records and other
pertinent documents Object Evidence - Explosives and incendiary devices Other
relevant evidence

2.

3. 4.

5.5

INVESTIGATION OF BOMBINGS

The increasing challenges posed by the growing sophistication of terrorist

organizations not only in the Philippines but elsewhere in the world have become a
major concern among law enforcement and security officers. In the light of this
concern, this section is formulated to guide investigators, such as the bomb
technicians, criminal investigators and forensic personnel during the investigation
of bombing incidents and other incidents involving explosive devices and materials.

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5.5.1

SPECIFIC INVESTIGATIVE PROCEDURES: A General Procedure Upon Receipt of Explosive-

Related Incident such as discovery of IED/explosive materials, bomb threats and
explosion:

a. Desk Officer shall ask for and record in the Police Blotter the following from
the source of information: 1. 2. 3. 4. 5. b. Name of the source Contact information
of the source Exact location of the incident Time and date of the incident Details
of the incident

Desk Officer shall inform the Chief of Police about the incident.

c. Desk Officer shall dispatch mobile or foot-patrol police personnel to verify the
incident. d. Desk Officer shall direct the TOC to call the following emergency
service agencies, request them to be on standby while verification of the incident
is on-going and seek their assistance once the incident is verified: 1. 2. 3. 4. 5.
6. 7. Police Bomb Squad Units/EOD Team SOCO Operatives Fire Services Emergency
Medical Services/Rescue Engineering Services (for lighting, heavy equipment, etc.)
Utility Services (Electric and Water) Other agencies (Philippine Red Development
Authority, NDCC, etc.) Cross, Metro Manila

e. Desk Officer shall inform his Commander (Station Commander, Chief of Police,
etc.) about the incident and all actions taken.

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5.5.2

DURING VERIFICATION OF THE INCIDENT BY THE FIRST RESPONDER/S OR INVESTIGATORS:

a. The First Responder/Investigator shall record the information about the nature
of their dispatch in their notebooks or ticklers. They should be equipped with a
camera or video recorder for capturing the condition of the scene upon their
arrival and any succeeding eventa. b. They shall proceed to the incident scene. c.
They shall assess the situation at the scene of the incident and immediately notify
the Desk Officer who will in turn inform his Chief of Police about the confirmation
of the incident. d. In case IED/explosive materials are found, request for the
immediate assistance of the Bomb Squad/EOD Team. e. They shall cordon the area to
preserve and secure the crime scene and wait for the arrival of the Bomb Squad/EOD
Team. f. If the scene is obvious for signs of an explosion, First
Responders/Investigators shall cause the immediate evacuation of people who were
injured from the crime scene. Whenever possible, immediately maintain order and
control of the crowd. THEY SHALL NOT TOUCH, REMOVE, OR ALTER ANY PIECE OF EVIDENCE
(INCLUDING DEAD PEOPLE). g. Initiate immediate investigation.

5.5.3

KEY INFORMATION NEEDED FOR BOMB THREAT: Time of call or suspected package (bomb
threat) was received.

5.5.4

KEY INFORMATION NEEDED FOR EXPLOSIVE / EXPLOSIVE ITEMS:

FOUND

UNEXPLODED

a. Has the source seen the device? It’s important to establish the basis of
knowledge of the source. This information may be less reliable than first-hand
knowledge as the source is likely to have strong understanding of explosive devices
and/or explosive materials and may misstate information. The distinction between
first-hand and second-hand knowledge is important and should be identified in
reporting.

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b. How large is the device? Provide dimension and weight where possible. If a
cultural reference is used to describe the size or weight of the item, please
provide a rough English or Metric measurement equivalent. c. What does the device
look like? Looking at the device, what does it appear to be from the outside? A
briefcase, a metal pipe, a radio, etc. d. Does the device have a container? Some
types of explosives require confinement to produce an explosion. Other devices may
use the container to produce fragmentation to cause injuries. Not all devices will
have a container. e. Is the device concealed within the vehicle? For example, are
the explosives hidden within the door panels to prevent detection upon a casual
inspection or are the explosives visible when the interior of the vehicle, trunk
(if applicable), or cargo area are examined? f. Is the device a Vehicle Bomb? g.
What type of vehicle is it? Car, van, light truck, semi-truck, bus, boat, plane,
etc. h. What is the specific make/model of the vehicle? Is it modified in any way?
i. Does the device have any unusual characteristics? Are there extra items added to
the device to produce an enhanced effect of some sort? Examples include: nails
added to a device for an enhanced fragmentation effect, gas cylinders added for an
enhanced blast effect, other chemicals added to produce a toxic effect, a “special”
material added (such as radioactive material – if the source is not directly
involved in the plot, knowledge of the specific materials may be limited and
referred to in general terms). j. What is the source’s basis of knowledge of
explosive materials/and or devices? Examples include: reading terrorist training
manuals, hands-on terrorist training, commercial blasting training and/or
experience, military training and/or experience (it’s important to identify what
military training was received – some fields, such as Explosives Ordnance Disposal
receive extensive training, while others, such as infantry, receive limited
explosive training), or academic knowledge (chemistry, electronics, physics or
other engineering courses). k. Ask the source to draw a sketch of the device. l.
Ask the source to specifically identify the appearance of the explosive material.
Color, texture and quantity are important elements of the description as some
explosives have distinct coloration that may assist in the
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identification of the material. If the source has knowledge of the original

packaging of the explosive material, have it described as well. Some explosives
have distinct packaging materials which may further assist in the evaluation of the
information. m. Does the source know how the device is supposed to function? If
yes, ascertain details. n. Is the device electrically initiated or non-electrically
initiated? Electrical initiation requires a power source. Attempt to obtain a
description of the power source (battery size, type, etc.). Non-electrical
initiation uses systems such as a burning fuse, a chemical reaction, or other non-
powered means of causing the device to function. o. Have the source describe the
method of functioning of the device. Improvised Explosive Devices (IEDs) may
function in a variety of methods, including, but not limited to, time delay, remote
control, suicide initiation, or victim-initiated (booby-trap). Devices may have
multiple methods of firing. p. For time delay devices: What type of time delay was
used to operate the device? Examples include: modified analog or digital
watch/alarm clock, an improvised electronic circuit, a modified commercial product,
burning fuse or chemical time delay (also referred to as a chemical time delay
pencil). q. For remote control devices: What type of remote control was used?
Examples include: pagers, cellular phones, hand-held radio system, garage door
opener, hobby remote control system (for example, mode cars or airplanes), car
alarms, improvised electronic circuit, or other modified commercial item. If
possible, describe the appearance of the receiver device and the transmitter. r.
For suicide-initiated devices: What are the means of setting the device off? For
example, push buttons, toggle switch, bare wire connectors, or other type of
switch. Important factors include the location of the switch and whether it or the
wires are visible or not. s. For victim-initiated devices: What action is required
by the victim to cause the device to function? Examples include: passing a certain
point, performing a certain action, lifting an item, applying pressure to an
object, removing an object, etc.

5.5.5

KEY INFORMATION NEEDED FOR EXPLODED ITEM: a. Time of detonation/explosion.

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b. Sound of explosion. Description of the sound produced by the explosion. c. Force

of the explosion and its direction. Description of the extent and direction of
blast wave. d. Color of smoke. Example: black, gray, white e. Color of flame.
Example: red, yellow, etc. f. Odor of the gases produced. Example: LPG, natural
gas, etc. g. Record names and addresses of person(s) such as, medical and fire
personnel, etc. accessing the scene and submit list to the Investigator-onCase. h.
Do not issue press releases or any statements. It is the job of the Incident
Commander or his designated spokesman.

5.5.6

SPECIFIC INVESTIGATION PROCEDURES a. Bomb Threat

After the bomb squad has declared the area safe, the investigator shall determine
the following: 1. Gather information from the person who received the bomb threat
call. Name and contact number of person who received the call. Date, time, duration
of call and number of called made Gender of caller and estimated age. What were the
exact words of person making the threats? Reasons for the threat. Voice
characteristics of the caller:

2. 3. 4. 5. 6. 7.

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___Calm ___Angry ___Excited ___Slow ___Rapid ___Soft ___Loud ___Laughter ___Crying

___Normal ___Distinct ___Slurred 8. 9.

___Nasal ___Stutter ___Lisp ___Raspy ___Deep ___Ragged ___Clearing throat ___Deep

breathing ___Cracking voice ___Disguised ___Accent ___Familiar

If voice is familiar, who did it sound like? Familiarity of caller with the area.

10. Threat Language a) b) c) d) e) f) g) h) Well-spoken Incoherent Irrational Taped

Message read by caller Abusive Other Background Noises ___Factory/Machinery
___Animal noises ___Clear ___Static ___Local ___Long distance ___Booth
Other___________ ________________

___Street noise ___Plates ___Voices ___PA System ___Music ___House noises ___Office
___Motor ___Office i)

Determine motive by gathering information on the person/company/establishment

receiving the threat. Gather information and evidence on the suspect (if known).

j)

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k)

File appropriate charges if there is concrete evidence gathered against the

suspect. If no lead is developed, information gathered can be used for future
reference.

l)

b. Recovery/Discovery/Seizure of IED and Other Explosive Materials 1. Improvised

Explosive Device (IED): PROCEDURES: a) After the hazard has been eliminated by the
responding Bomb Squad Unit/EOD personnel, request SOCO to process the device for
latent prints, collect explosive residue and fingerprints of bomb technician/EOD
and other person who access the device for elimination. Interview the First
Responder. Question witnesses and record pertinent facts about unusual activity
such as, persons or vehicles. Search areas for ingress and egress for evidence such
as, tapes, explosives wrappers or containers, footprints, tire tracks, fingerprints
and other associative that may relate to the suspect(s). Check business
establishments that could have been used by the suspect as an observation post such
as: 24hour service station, canteen, lodging house, etc. Prepare a suspect list
showing investigative facts relevant to the incident. Record description of
suspect(s), suspect vehicles and suspect premises. Check sources of device
components and materials recovered at the scene. Secure report of the Bomb Squad
Unit on the IED’s functionality and destructive capability.

b) c)

d)

e)

f)

g)

h)

i)

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j)

Secure laboratory report of SOCO determination and fingerprints analysis.

for

explosive

k)

Conduct follow-up investigation on matters related to the secured technical

reports. Establish possible motives. If evidence gathered is concrete against the
suspect(s), file appropriate charges. Take photographs and turn in explosive
item(s) to Bomb Squad Unit for custody until court presentation Secure court order
for the immediate disposal of explosive material.

l)

m)

n)

2.

Discovery of Unassembled Complete IED Components such as: Power Source. Example: 9-
volt battery; 6-volt battery; blasting machine; meters of electric wire Initiators.
Example: blasting cap (electric, improvised initiator using Christmas light bulb)
non-electric,

Explosives. Example: ANFO (ammonium nitrate w/ fuel oil); dynamite; TNT block; C4;
RDX; detonating cord; time/safety fuse; mortar cartridges (60mm, 81mm, 105mm,
etc.), boosters, black powder, pyrotechnics products Switches. Example: toggle or
sliding switch; alarm clock; mobile phone; matches; etc. PROCEDURES: a) First
Responder/Investigator must request Bomb Squad Unit/EOD personnel to identify and
certify the item/s discovered. Request the assistance of SOCO for processing of
trace evidence. Bomb Technician should extract explosive sample from military
ordnance or commercial explosive. Request assistance of Crime Laboratory to
determine presence of explosives.
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b)

c)

d)
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e) f)

Determine the suspect’s connections/links. Establish possible motives. If evidence

gathered is concrete against the suspect(s), file appropriate charges. Take
photographs of the items. Turn in explosive item(s) to Bomb Squad Unit for custody
until court presentation Secure court order for the immediate disposal of explosive
material.

g)

h)

3.

Illegal Possession of Explosive/s PROCEDURES: (Refer to the Duties of Investigator

after arrest) After the arrest of suspects for illegal possession of explosives and
other explosive ingredients, the investigator shall: a) b) Interview the witnesses.
Request Bomb Squad Unit/EOD personnel to extract explosive sample from military
ordnance or commercial explosive. Bring extract to Crime Laboratory for chemical
examination of suspected explosive item(s). Establish motives. If evidence gathered
is concrete against the suspect(s), file appropriate charges. Take photographs of
the items. Turn in explosive item(s) to Bomb Squad Unit for custody until court
presentation Secure court order for the immediate disposal of explosive material.

c) d)

e)

f)

c. Discovery of Explosives/IED/s as a result of Military Operation PROCEDURE: 1) On

discovery of explosive materials, AFP EOD unit thru channels shall inform the
concerned local PNP unit upon compliance of the necessary security measures.

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2)

On the discovery of IED/s in suspected terrorist camp/lair and after the conduct of
RSP, EOD Unit shall call the assistance of the local police unit who has
jurisdiction on the area. In the absence of local police and SOCO Team, EODT may
conduct the proper collection (wearing of sterile latex gloves), markings and
preservation (using appropriate containers) of explosive items. In any case that an
EOD personnel touched the evidence with his bare hands, he must be fingerprinted
for suspect elimination. All collected components of explosive devices (itemized in
the report), documents (video recordings or photographs) and other corresponding
reports (initially a Spot Report; and later on the Technical Evaluation Report
(TER) and/or Post Blast Investigation (PBI) Report, if already available) on the
incident must be turned over to the concerned local police unit at the soonest
possible time. The concern local police unit in turn shall verify the reported
incident; conduct own investigation; and evaluate the evidentiary value of items
submitted. Continue on with the procedure of Discovery of IED. (Sec 5.5.6b)

3)

4)

5)

6)

d. Custody of Explosive Evidence: 1. After the technical analyses have been

conducted on the seized explosive device/s, non-explosive items part of the
recovered evidence such as battery; alarm clock; cellular phone; wires; containers;
fragmentation, etc., shall be turnover to concerned Crime Laboratory office for
custody. Explosive evidence items such as explosives, military ordnance, detonating
cord, safety/time fuse, blasting caps; shall be submitted to the PNP Bomb Squad
Unit who has jurisdiction in the area, for custody. The designated unit custodian
shall sign on the CL’s Evidence Chain of Custody Form. In the absence of a PNP Bomb
Squad Unit, concerned AFP EOD Team in the area shall be designated as Custodian of
the explosive evidence. The designated custodian of AFP

2.

3.

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EOD unit shall sign on the CL’s Evidence Chain of Custody Form. e. Disposal of
Hazardous Explosive Item/s Disposal of hazardous explosive item/s shall only be
conducted by the authorized Bomb Squad/EOD Team. The disposal shall be witnessed by
representative/s from the investigating PNP unit and concerned Crime Laboratory
Office. A corresponding disposal report supported by photographs should be prepared
by the bomb squad/EODT for documentation.

f. Explosion/Bombing Incident 1. Minor Case – the explosion has no fatality nor

incurred damage to property. PROCEDURE: a) Request assistance of Bomb Squad
Unit/EOD personnel to determine the cause of explosion, and whether criminal or
accidental in nature. If incident is criminal in nature, gather information from
witness(es) and determine the significance of place where the explosion occurred.
Determine existence of a target and establish motive. If no lead is developed,
information gathered can be used for future reference.

b)

c) d)

2.

Major Case – the explosion incurred injuries or death of person or number of

persons and damage to property. POST-BLAST INVESTIGATION (PBI) PROCEDURE: a)
Conduct preliminary evaluation of the crime scene. First Responders must assess the
scene quickly yet thoroughly to determine the course of action to be taken.
Exercise scene safety. First Responders must take steps to identify and remove or
mitigate safety hazards (e.g. secondary device(s), hanging live electric wires,
weak

b)

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building structure) that may further threaten victims, bystanders and public safety
personnel. c) Administer life-saving efforts. First Responders must rescue living
victims and provide treatment for lifethreatening injuries. Establish security and
control. First Responders will establish control and restrict scene access to
essential personnel (EMS), thereby aiding rescue efforts and scene preservation.
Ensure scene integrity. The Incident Commander must ensure the integrity of the
scene by establishing security perimeters and staging areas, contamination control
procedures and evidence collection and control procedures. Conduct scene
walkthrough. The Incident Commander must conduct walkthrough with respective Team
Leader of Investigators, Bomb Squad Unit and SOCO to establish scene parameters,
entry/exit path, and to acquire overview of the incident. Secure required
resources. Following the walkthrough, the Incident Commander should meet the
available emergency responders and PBI Team for updates of the scene and to
determine what resources, equipment and additional personnel may be needed. Develop
written documentation. There should be a Decision Logbook, wherein every crucial
decision made related to the incident should be documented and signed by whoever
made the decision such as, allowing entry to crime scene by person(s) not member of
PBI Team; removal of any object inside the scene. First Responders and SOCO Team
will prepare scene documentation (e.g. person who access the scene, sketches, floor
plans and architectural or engineering drawings); while the Investigators document
activities, noting dates and time associated with the incident, physical and
environmental conditions, statement given by the victims/witnesses, etc.
Photograph/Videotape the scene. Aside from the SOCO documentation, Investigator
must have his/her own

d)

e)

f)

g)

h)

i)

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documentation of the overall views and assembled crowd. j) Locate and interview
victims and witnesses. Investigators should obtain victim’s/witnesses’
identities/details, statements and information concerning their injuries and
accounts of the incident. Request the assistance of Bomb Squad Unit and SOCO.
Secure the assistance of these technical personnel to ensure a tight case. Collect,
preserve, inventory, package, transport of evidence to Crime Laboratory. Refer to
Crime Lab Manual. Ensure that all investigative steps are documented. The
Investigators must review all documentation before releasing the scene. Ensure
crime processing is completed. The scene may be released only upon conclusion of
the on-site investigation and thorough evidence collection. Release of crime scene
by SOCO to Investigator-onCase. Release the scene with the notion that there is
only one chance to perform the job correctly and completely and after completion of
the final survey and proper documentation. Turnover of crime scene by the
Investigator-on-Case to authorized person. The release of the scene must be
documented. The Investigator should ensure communication of known scene-related
health and safety issues to a receiving authority at the time of release.

k)

l)

m)

n)

o)

p)

g. Submit Reports to Philippine Bomb Data Center 1. Detailed technical information

regarding explosives and explosive devices are collected, integrated and
disseminated via the Philippine Bomb Data Center. These data help authorities
identify the existence of serial bombers, the sophistication of explosive devices
being used and the need for uniform procedures and further development of
equipment.

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2.

The concerned investigating police unit MUST submit the following reports to the
Philippine Bomb Data Center for analysis and incorporation to the national database
of explosive-related incidents: a) b) c) Explosive-Related Incident Report Form;
Investigation Report of concerned PNP unit; Post Blast Investigation
Report/Technical Evaluation Report of responding PNP Bomb Squad Unit or EOD Team of
the AFP/NBI/PCG; Digital and colored close-up photographs of IED and IED components
recovered; SOCO & Laboratory Reports (PNP Crime Laboratory); Arrest reports
including mug-shots of arrested suspect/s; Inquest documents/papers; and Court
decision

d)

e) f)

g) h)

5.5.7

GENERAL GUIDELINES

a. Consistent with its mandate, the PNP is the lead agency that will conduct
investigations on bombing and other explosives-related incidents. b. In case of an
explosives-related incident, the responsibility for responding is often but not
always shared by a variety of professionals. PNP foot and mobile patrol personnel,
EOD personnel from the AFP, NBI and PCG, firefighters from the Bureau of Fire
Protection (BFP), medical teams and local volunteer organizations, invariably are
the first to respond to calls for assistance. Medical personnel are expected to
treat those injured and evacuate them to hospitals, fire-fighters from BFP and
local fire brigades to put out fires, and the PNP first responders to cordon the
area to secure and preserve the crime scene. c. Render safe procedures (RSP) and
Improvised Explosive Device (IED) recovery will be the sole discretion of the
responding PNP Bomb Squad Unit/AFP EOD personnel that has already taken first
cognizance of an IED in the incident scene. d. In area where there is no organized
PNP Bomb Squad Unit, military EOD unit assistance can be requested. Assistance is
limited only to checking of
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secondary device and provision of RSP on identified explosive hazard. Further, they
should turn over to concerned local PNP unit all physical pieces of evidence and
provide significant information limited to the Technical Evaluation Report or Post-
Blast Investigation report. e. Police Bomb Squad Unit and the PNP Crime Laboratory
should be notified. Before the EOD and bomb technicians are allowed entry to the
scene, they should allow themselves to be swabbed by PNP CL/SOCO personnel. If no
secondary device exists and the area is declared safe by the EOD and bomb
technicians, the PNP CL can proceed with Scene of Crime Operation (SOCO) to collect
and document evidences. Notes: 1. In the absence of SOCO personnel, Investigator
may damp clean dry cotton with acetone or distilled water and individually swab
hands and clothing of all Bomb Technicians/EOD personnel accessing the scene. Store
in a dry separate plastic container, label and submit to Crime Laboratory. In the
event that “Hand Entry” procedure was used by the PNP/AFP Bomb Technician/EOD in
rendering safe an IED, he/she must be subjected to fingerprint by the PNP Crime
Laboratory for suspect elimination.

2.

f. Security/Protection of the crime scene shall be the responsibility of the local

police unit assisted by the military units in the area. Police line must be
established as soon as applicable. In case of bombing/explosion incident, the
police line should be extended at a distance of 50% of the total distance from the
seat of explosion to the farthest fragment. g. Incident Commander must identify the
area designated for the command post, media area, etc. outside the police line.
ONLY AUTHORIZED PERSONS ARE ALLOWED TO ENTER THE CRIME SCENE. Note: Only authorized
personnel should enter the crime scene after it is declared safe by Bomb Squad/EOD
Team personnel. They MUST wear gloves, shoe covers, mask, and if needed hard hats
before entering the crime scene and avoid touching any piece of evidence thereat to
ensure that no cross contamination will occur. Authorized persons are:

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For Bombing and Explosions: Members of the Post-Blast Investigation Team For Raids,
Searches and Seizures: Investigators, Searching and Seizing Officer and Bomb
Squad/EOD Team Personnel For Bomb Threat: Bomb Squad/EOD Team Personnel h. SOCO
personnel are the only authorized persons to handle, document, and conduct
laboratory examination of gathered physical evidences. Bomb technicians/EOD
personnel however, may join the search for bomb parts/fragments in tandem with PNP
Crime Laboratory personnel. The assistance can be extended during the
reconstruction of the device. In cases where an explosion resulted in a subsequent
conflagration/fire, responding BFP or fire volunteer brigade personnel should be
advised beforehand of the location of the alleged explosion. Fire in the specific
area of explosion should only be contained and not be over-flooded with water to
assure the collection of pieces of evidence that might be crucial in the conduct of
investigation. In the absence of a Bomb Squad/EOD Team and SOCO Team, designated
investigator can collect pieces of evidence using the proper procedure and preserve
items in appropriate labelled containers. Bear in mind that the assistance of both
technical units (Bomb Squad and Crime Lab) is very crucial in establishing a case
and for further filing of appropriate charges against identified suspect/s.
Chemical examination/analysis of collected evidence will be the responsibility of
the PNP Crime Laboratory with the assistance of the National Bureau of
Investigations (NBI), if requested. The reconstruction process of IED using the
actual collected pieces of IED components (for purposes of determining the pre-
blast condition of the device) by the PBI Team should be documented (preferably
videotaped). If court presentation is required, videotape recording and pre-blast
IED prototype using similar materials should be submitted. Preserving the integrity
of these pieces of evidence is the police’s utmost primary functions, small pieces
of evidence should be segregated by type, labelled and stored in a sealed plastic
container. Recovered explosives, explosive accessories and military ordnance must
be completely described (i.e. explosive filler, lot numbers,
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j.

k.

l.

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symbols, color, measurements, diameter, container, presence of indentation on the

rotating band of the munitions, etc) in the Incident Report, including its
photographs. n) Evidence explosive material/s must be rendered safe before
safekeeping of authorized bomb squad unit in a magazine or ammo dam. Be on the
lookout for some chemicals which can be used in producing improvised explosives.
See the attached list of these chemicals and list chemicals of security concerns.

o)

5.6

ELECTRONIC COMMERCE ACT a. What law punishes violations of the Electronic Commerce
Act? Republic Act No 8792

b. What are the acts in violations of Electronic Commerce Act? 1. Any acts of
hacking or cracking or unauthorized access into or interference in a computer
system/server or information and communication system; or any access in order to
corrupt, alter, steal, or destroy using a computer or other similar information and
communication devices including the introduction of computer viruses and the like,
resulting in the corruption, destruction, alteration, theft or loss of electronic
data messages or electronic documents. Any act of Piracy or the unauthorized
copying, reproduction, dissemination, or distribution, importation, use, removal,
alteration, substitution, modification, storage, uploading, downloading,
communication, making available to the public, or broadcasting of protected
material, electronic signature or copyrighted works including legally protected
sound recording or phonograms or information material on protected works, through
the use of telecommunication networks, such as, but not limited to, the internet,
in a manner that infringes intellectual property rights. The access is without the
knowledge and consent of the owner of the computer or information and
communications system. Other analogous acts
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2.

3.

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c. What is the evidence needed to file a case for violation of Electronic Commerce
Act? 1. Testimonial Evidence – Affidavit of Complainants and witnesses Documentary
Evidence –Cyber or Computer Forensic Results, Police records, transaction records
and other documents Object Evidence - Computer and any device used to hack or crack
or pirate the computer information, Original Documents copied or pirated Documents.
Other relevant evidence

2.

3.

4.

5.7

PROCEDURES IN HANDLING OF COMPUTER/CYBERCRIME CASES 5.7.1 LEGAL BASIS R.A. 8792

Electronic Commerce Act of 2000 R.A. 8484 Access Device Act

5.7.2

PURPOSE

The standard operating procedure prescribes a uniform and step-by-step process to

be observed by all personnel of CIDG in the conduct of investigation regarding
Computer/Cybercrime cases.

5.7.3

SCOPE OF APPLICATION

This procedure shall be strictly observed by investigators handling

computer/cybercrime cases. The head of office or Chief must always be informed of
the disposition or action taken on complaints. Computer and Network can be involved
in crimes in several ways: a. Computer or network can be a tool of crime (used to
commit the crime) b. Computer or network can be a target of the crime (the
“victim”)

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c.

Computer or network can be used for incidental purposes related to the crime

5.7.4

DEFINITION OF TERMS (Based on Webster Computer Dictionary New Revised Edition)

a. Computer Server – is a computer or device on a network that manages network

resources. For example, a file server is a computer and storage device dedicated to
storing files. Any user in the network can store files on the server. A print
server is a computer that manages one or more printer, and a network server is a
computer that manages network traffic. A database server is a computer system that
processes database queries. b. Computer Network – is a collection of computers and
devices connected to each other. The network allows computers to communicate with
each other and share resources and information. c. Computer Crime – Any illegal
behavior directed by means of electronic operations that targets the security of
computer systems and the data processed by them. (UN Definition) d. Cyber Crime –
Any illegal behavior committed by means of, or in relation to, a computer system or
network, including such crimes as illegal possession, offering or distributing
information by means of a computer system or network. (UN Definition) e. Domain
Name – is an identification label to define realms of administrative autonomy,
authority, or control in the internet, based on the Domain Name System. f.
Electronic Mail – often abbreviated as e-mail or email, is a method of exchanging
digital messages, designed primarily for human use. A message at least consists of
its content, an author, address, and one or more recipient addresses. g. Internet
Protocol (IP) Address – a numerical identification and logical address that is
assigned to devices participating in a computer network utilizing the Internet
Protocol for communication. h. Electronic Evidence – is any probative information
stored or transmitted in digital form that a party to a court case may use at
trial. i. Electronic Crime Scene - A crime scene where there are electronic
evidence found.
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j. Web Hosting Service – is an individual or organizations providing website or

Internet hosting service that allows individuals or organizations to provide their
own website accessible via the World Wide Web. k. Web site (Group of Web pages) –
is a collection of related web pages, images, videos or other digital assets that
are addressed with a common domain name or IP address in an Internet Protocol-based
network. A web site is hosted on at least one web serer, accessible via the
Internet or a private local area network. l. Social Network Website – a web site
that focuses on building online communities of people who share interests and/or
activities, or who are interested in exploring the interests and activities of
others. m. Hacking or Cracking (Lifted from R.A. 8792 Sec 33 para A) – Refers to
unauthorized access into or interference in a computer system/server or information
and communication system; or any access in order to corrupt, alter, steal, or
destroy using a computer or other similar information and communication devices,
without the knowledge and consent of the owner of the computer or information and
communications system, including the introduction of computer viruses and the like,
resulting in the corruption, destruction, alteration, theft or loss of electronic
data messages or electronic documents shall be punished by a minimum fine of One
Hundred Thousand pesos (P 100,000.00) and a maximum commensurate to the damage
incurred and a mandatory imprisonment of six (6) months to three (3) years;

5.7.5

POLICY GUIDELINES OF COMMAND

a. Guidelines and Procedures in the Conduct of Arrested Person under Custodial

Investigation (R.A. No. 7438). b. Guidelines on Police Intervention Operations such
as arrest, raid, Search and seizure and others. c. Guidelines on PNP personnel to
strictly respect and uphold Human Rights.

5.7.6

PROCEDURES a. Walk-in Complainant NOTE: Complaints can be handled by RCIDU or

coordinated with ATCD.
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1.

Complaint(s) will be guided to fill up a complaint sheet and affix his/her

signature. Sworn statements and other necessary documents will be prepared. If the
nature of complaint is pertaining to Computer/Cyber Crime cases such as but not
limited to: a) b) c) Hacking/Cracking Email Cases (Hacking/Threat/Extortion)
Identity theft or in relation to Social Networking cases

2.

3.

NOTE: The investigator shall determine the Internet Protocol (IP) address or Domain
Name Service (DNS) Address in question/involved in the investigation. 4. The
investigator shall then conduct online WHOIS tracing on the identified IP address
or Domain name (website) to determine its Internet Service Provider (ISP) and Web
Hosting Company. If the result of the WHOIS traces to the local IP address and
Local Domain Name Hosting, the investigator shall coordinate with the ISP and Web
Hosting Company through letters rogatory to preserve the log files and further
identify the owner of the IP address and the registrant of Domain Name (website).
Else, If the WHOIS traces foreign IP address and Foreign Domain Name Hosting, the
investigator shall coordinate with the foreign counter-part Law Enforcement Agency
through Mutual Legal Assistance Treaty (MLAT) procedures to get the information on
the owner of the IP address and the registrant of Domain Name (website).
Coordination should be made with Legal Division, CIDG. After the completion of the
investigative requirements, the case will be filed in court for possible arrest and
conviction of the suspect. If not,pursued the solution of the case.

5.

6.

7.

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NOTE: All seized devices should be sent to Computer Forensic Sec, ATCD, CIDG for
Computer/Cellphone Forensic examination. (Requirements stated in Part VI para 3) 8.
If the nature of the complaint is pertaining to cellphone-related cases such as but
not limited to: a. b. c. Text Scam Cellphone Threat Cellphone Extortion, and etc.

NOTE: The investigator shall identify the Subscriber Identity Module (SIM) Card
number and its corresponding Telecommunication Company (TELCO) carrier.
(SMART/GLOBE/SUN/PLDT, etc) If the SIM card number belongs to a local TELCO, then
the investigator shall coordinate through letter derogatory to determine the owner
of the SIM card number and any logs/records pertaining to the said SIM. 9. If the
SIM card number belongs to a foreign TELCO, then the investigator shall coordinate
through letter rogatory with the foreign counter-part Law Enforcement Agency
through Mutual Legal Assistance Treaty (MLAT) procedures to get the information on
the owner of the SIM card number and other log/records pertaining to the said SIM.

10. After completion of the investigative requirements, the case will be filed in
court for possible arrest and conviction of the suspect. If not, pursue the
solution of the case. NOTE: All seized devices should be sent to Computer Forensic
Sec, ATCD, CIDG for Computer/Cellphone Forensic examination. (Requirements stated
in Part VI para 3) b. Application of Search Warrant NOTE: Preferably conducted by
Trained Personnel not necessarily coming from Computer Forensic Sec, ATCD, CIDG.

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Step 1.

Action ELECRONIC CRIME SCENE PROCEDURES Secure and take control of the area
containing the suspected electronic media. Always be aware of officer’s safety and
securely take control of the scene.

2.

The investigator should move individuals at the scene away from all computer
equipment to ensure no last-minute changes or corruption to the data occur.

If suspect is allowed to access computer equipment, he or she may be able to

destroy or alter the evidence making it much more difficult to conduct the forensic
analysis at a later time.

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3.

Once all individuals have been removed from the areas containing the electronic
evidence, investigators can start conducting interviews of either the suspects on
the scene or potential witnesses.

Interviewing the individuals on the scene may provide a substantial amount of

information pertaining to the case and may help lead the investigators in the right
direction. The interviews should take place in an area where the interviews will
not be interrupted and allow for the individual to talk freely to the investigator.
At this time, conduct your interviews with individuals found on the scene or the
crime or the reporting person who provided the information. 4a. The investigator
should avoid switching the computer system on if it is turned off upon your
arrival. Make sure there is no active screen saver by pressing one of the arrow
keys located on the keyboard connected to the computer system. The arrow keys will
not alter any documents if the system is active.

Photograph the monitor to show the status of the system upon your arrival on the
scene.

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4b.

If the screen is blank and the system is turned on, again, press the arrow keys to
ensure a screen saver is not active. If the monitor power is off, turn the monitor
power on.

Once the monitor comes on, photograph the monitor to show what was on the screen at
the time of your arrival.

5.

Check to see if the system is connected to the internet or has network

capabilities. Some systems may not have a CAT5 or other type of network cable
attached; the system could be utilizing a wireless connection.

If the system is networked, the investigator will want to capture the volatile data
contained in the system’s memory. If the system’s power is disconnected before
volatile data has been collected, the data will be lost and the investigator will
not be able to retrieve that data at a later time.

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6.

Once the investigator has collected the volatile data, he will want to disconnect
the power from the machine in order to shut it down. The forensic practice is to
disconnect the power source from the rear of the machine and NOT from the wall
outlet.

This will make sure the investigator is removing the correct power supply and not
another systems power. Shutting down (using the Operating System) will alter the
registry and it will be considered as tampering of evidence.

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7.

The investigator will then document the crime scene by taking photographs. These
photographs will help the investigator remember where everything was located on the
crime scene and how the crime scene looked when he or she arrived.

The investigator should take pictures of the entrance to the crime scene, and then
take photographs from each corner of the crime scene. Additionally as evidence is
located and recovered, the investigator should photograph the evidence before it is
moved to document the location it was found on the scene. 8. The next step is to
document the crime scene even further by drawing a sketch of the entire crime
scene. The sketch will show the measurements of the crime scene and where the
evidence is located on the crime scene by their exact distance from other objects
on the crime scene.

The investigator can find two unmovable points on the crime scene and conduct all
measurements from that location.

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9.

After taking all the necessary photographs, the investigator must to label and tag
all the evidence located in the crime scene. When labeling the computer system, the
investigator should label each connector and port attached to the system. This will
help ensure the investigator will be able to reconstruct the system in a court of
law.

10.

The investigator can place a tag on the video cable labeled “A.” Then label the
video port on the back of the system also with the letter “A.” This way the
investigator will know that cable “A” connects to port “A.” This method, also known
as “Bagging and Tagging,” should be done for each cable connected to the system. At
this time, label all the connections to the computer system. Once the system has
been labeled correctly, the investigator can place evidence tape over the 3 ½ inch
drive and the drive case. This will help the investigator know if anyone tampers
with the computer system in transit back to the forensic lab.

If there is any media located in the drives, the media should be photographed and
then removed to protect the evidence from being destroyed or altered. CD-ROMS may
be scratched in transit and therefore may become unreadable. At this time, remove
any media in the drive bays and place evidence tape over the drives.
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11.

Now it is time to package all the equipment for transportation. All electronic
evidence should be packaged in anti-static bags to help ensure the integrity of the
data is maintained. As each piece of evidence is packaged, an evidence label should
be attached.

This evidence label will help identify the evidence, the date and time it was found
on the scene, the location it was recovered from, and the investigator who found
the evidence. Additional information can be added to include the Case Number and
the primary investigating officer. At this time, please ensure all evidence has
been packaged and labeled from the crime scene.

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12.

Before each item is removed from the crime scene, a chain of custody must be filled
out to ensure the evidence is properly tracked from investigator to investigator. A
chain of custody will contain the name of the recovering officer and the date and
time he transferred the evidence to the primary investigating officer.
Additionally, the chain of custody may contain the item number or evidence number
along with the case number of the crime.

13.

Search through all documentation to find passwords or other physical evidence that
may pertain to the crime.

Passwords or hidden notes may be located on the scene inside documentation manuals
or books.

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c. Requirements for Computer/Cellphone Forensic Examination at Computer Forensic

Laboratory, ATCD, CIDG. For Hard Disk 1. Letter Request for Examination (From RC,
RCIDU/RD, PRO/ DD, NCRPO District/Dir, NSU/Head of Agency/Corporate Secretary of
Private Corporations/Private Complainant) One (1) piece Hard Disk (Double the Size
of the Hard Disk for examination) One (1) piece Compact Disk (CD) Recordable for
the Forensic Result

2.

3.

For Cellphone One (1) piece Compact Disk (CD) Recordable for the Forensic Result
Note: The requesting party or the Court can only request for the Examination
results and pieces of evidence after filling up the Chain of Custody form.

5.8.

ACCESS DEVICES REGULATION ACT OF 1998 a. What law punishes access device fraud
(unlawful use of credit card)? Republic Act No 8484

b. What are acts that constitute access device frauds? The following acts shall
constitute access device fraud and are hereby declared to be unlawful: 1. An act of
producing, using, trafficking in one or more counterfeit access devices; An act
trafficking in one or more unauthorized access devices or access devices
fraudulently applied for; An act of using, with intent to defraud, an unauthorized
access device;

2.

3.

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4. 5.

An act of using an access device fraudulently applied for; An act of possessing one
or more counterfeit access devices or access devices fraudulently applied for; An
act of producing, trafficking in, having control or custody of, or possessing
device-making or altering equipment without being in the business or employment,
which lawfully deals with the manufacture, issuance, or distribution of such
equipment; An act of inducing, enticing, permitting or in any manner allowing
another, for consideration or otherwise to produce, use, traffic in counterfeit
access devices, unauthorized access devices or access devices fraudulently applied
for; An act of multiple imprinting on more than one transaction record, sales slip
or similar document, thereby making it appear that the device holder has entered
into a transaction other than those which said device holder had lawfully
contracted for, or submitting, without being an affiliated merchant, an order to
collect from the issuer of the access device, such extra sales slip through an
affiliated merchant who connives therewith, or, under false pretences of being an
affiliated merchant, present for collection such sales slips, and similar
documents; An act of disclosing any information imprinted on the access device,
such as, but not limited to, the account number or name or address of the device
holder, without the latter's authority or permission;

6.

7.

8.

9.

10. An act of obtaining money or anything of value through the use of an access
device, with intent to defraud or with intent to gain and fleeing thereafter; 11.
An act of having in one's possession, without authority from the owner of the
access device or the access device company, an access device, or any material, such
as slips, carbon paper, or any other medium, on which the access device is written,
printed, embossed, or otherwise indicated; 12. An act of writing or causing to be
written on sales slips, approval numbers from the issuer of the access device of
the fact of approval, where in fact no such approval was given, or

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where, if given, what is written is deliberately different from the approval

actually given; 13. An act of making any alteration, without the access device
holder's authority, of any amount or other information written on the sales slip;
14. An act of effecting transaction, with one or more access devices issued to
another person or persons, to receive payment or any other thing of value; 15. An
act, without the authorization of the issuer of the access device, soliciting a
person for the purpose of: a) b) Offering an access device; or Selling information
regarding or an application to obtain an access device; or

16. An act, without the authorization of the credit card system member or its
agent, causing or arranging for another person to present to the member or its
agent, for payment, one or more evidence or records of transactions made by credit
card. 17. Other analogous acts c. What is the evidence needed to file a case of
access device fraud? 1. Testimonial witnesses Evidence – affidavit of complainants
and

2.

Documentary Evidence - Certificate of Registration of the owner of access devices,

Photographs of access devices fraudulently used, Certificate of Obligation issued
as a result of fraudulent transactions or contract of sale and other pertinent
documents obtained through the use of fraudulent access device, police records and
other relevant records Object Evidence - Subject access devices, computers and
other electronic equipments Other relevant documents

3.

4.

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5.9.

CREDIT CARD FRAUD INVESTIGATIONS (VIOLATION OF RA 8484) 5.9.1 ACCOUNT TAKE-OVER

Account Take-over (ATO) – a criminal trying to take over another person’s account,
first by gathering information about the intended victim, then contacting their
bank or credit issuer – masquerading as the genuine cardholder – asking for mail to
be redirected to a new address. The criminal then reports the card lost and asks
for a replacement to be sent. The replacement card is then used fraudulently. 5.9.2
STEPS IN INVESTIGATING ATO CARD a. There must be a complaint 1. 2. 3. Duly
accomplished complaint sheet Affidavit of the complainant and issuing Bank If
complainant is a juridical person, ask for his/her authority to file a complaint
(Special Power of Attorney or Corporate Secretary’s Certificate). Evaluate the
complaint to ascertain the crime committed and/or if the case is suited for
entrapment. Determine what appropriate laws can be applied.

4.

5.

b. Pieces of Evidence Needed 1. Delivery receipt signed by the suspect/s (if credit
card was delivered) Affidavit of the courier (if card was delivered) Affidavit of
the legitimate card holder Credit Card itself (if recovered) Affidavit of
merchant/s (if the credit card was used) Sales Invoice and charge slip (if the
credit card was used) Affidavit of Arrest (if suspects were arrested)

2. 3. 4. 5. 6. 7.

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8.

Statement of Account

c. Filing of the Case (the documents needed can be secured from the complainant)
Inquest, if arrest was made, with the following documents: 1. 2. 3. Referral
addressed to the Prosecutor’s Office Duly accomplished complaint Sheet Affidavit of
complainant and issuing Bank

Note: If complainant is a juridical person, Special Power of Attorney (SPA) and/or

Corporate Secretary’s Certificate is needed. d. Affidavit of the legitimate
cardholder e. Delivery receipt signed by the suspect, if credit card was delivered
f. Affidavit of the courier, if credit card was delivered g. Credit Card itself, if
recovered h. Affidavit of merchants, if credit card was used i. j. k. l. Sales
invoice and charge slip, if credit card was used Statement of account Affidavit of
arrest Booking sheet

m. Picture of the suspect/s (if arrested) 1. Regular/Ordinary Filing if no arrest

was made Note: Affidavit of arrest and booking sheet is not required 2. Suspect/s
can be charged with Sec 9 of RA 8484, Art 172 and/or 172, Art 178, and Art 315 and
Art 308, all of RPC and CA 142 as amended by RA 6085, etc… Note: The Case Folder
shall contain all of paragraph 3.
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Fraudulent Application (Fraudaps) – suspect used stolen or fake documents to open

an account in someone else’s name.

5.9.3

STEPS IN INVESTIGATING FRAUDULENT APPLIED CARD a. There must be a complaint 1. 2.

3. Duly accomplished complaint sheet Affidavit of the complainant/issuing Bank If a
complainant is a juridical person, ask for his/her authority to file a complaint
Special Power of Attorney or Corporate Secretary’s Certificate Evaluate the case to
ascertain the crime committed and/or if the case is suited for entrapment.
Determine what appropriate laws are applicable.

4.

5.

b. Documents needed 1. 2. Application form (if any, application usually done thru
phone) Documents presented in support to that application i.e. ID’s, certificate of
employment, etc (if any) Delivery receipts signed by the suspect/s (if credit card
was delivered) Affidavit of courier (if card was delivered) Credit Card itself (if
recovered) Affidavit of merchant/s (if card was used) Sales Invoice and Charge Slip
(if card was used) Affidavit of Arrest (if suspect/s were arrested)

3.

4. 5. 6. 7. 8.

9. Statement of Account

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5.9.4

FILING OF THE CASE (the documents needed can be secured from the complainant) a.
Inquest, if arrest was made 1. 2. 3. Referral addressed to the City Prosecutor Duly
accomplished complaint sheet (mandatory) Affidavit of complainant/issuing Bank

Note: If complainant is a juridical person, Special Power of Attorney and/or

Corporate Secretary’s Certificate is needed. 4. 5. Application Form (if any,
application usually done thru phone) Documents presented in support for that
application i.e. ID’s, certificate of employment etc (if any) Affidavit of courier
(if card was delivered) Credit Card itself (if card was recovered) Affidavit of
merchant (if card was used) Sales invoice and charge slip (if card was used)

6. 7. 8. 9.

10. Statement of Account 11. Affidavit of Arrest 12. Booking Sheet 13. Picture of
the suspect (if arrested) b. Regular/Ordinary Filing if no arrest was made Note:
Affidavit of arrest and booking is not required c. Suspect/s can be charged with
Sec 9 of RA 8484, Art 172 and 171, Art 178, Art 315 all of RPC, and CA 142 as
amended by RA 6085, etc. Note: The Case Folder shall contain all of paragraph 3

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d. Counterfeit credit cards

5.9.5

Steps in Investigating Counterfeit Cards a. There must be a complaint 1. 2. 3. Duly

accomplished complaint sheet Affidavit of the complainant/certification from the
issuing Bank If a complainant is a juridical person, ask for his/her authority to
file a complaint (Special Power of Attorney or Corporate Secretary’s Certificate).
Evaluate the case to ascertain the crime committed and/or if the case is suited for
entrapment. Determine what appropriate laws are applicable

4.

5.

b. Pieces of Evidence Needed 1. 2. 3. 4. 5. 6. 7. Credit Card itself (if recovered)

Affidavit of merchant (if card was used) Sales invoice (if card was used) Charge
slip (if card was used) Letter of dispute/affidavit of the legitimate card holder
Affidavit of arrest (if suspect was arrested) Statement of Account

c. Filing of the Case (the documents needed can be secured from the complainant)
Inquest, if arrest was made: 1. 2. 3. Referral addressed to the City Prosecutor
Duly accomplished complaint sheet Affidavit of complainant/issuing Bank
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Note: If complainant is a juridical person, Special Power of Attorney and/or

Corporate Secretary’s Certificate is needed d. Credit Card itself (if recovered) e.
Affidavit of merchant (if card was used) f. Sales invoice and charge slip (if card
was used) g. Letter of dispute/affidavit of the legitimate card holder h. Affidavit
of arrest i. Statement of Account

j. Booking Sheet k. Picture/s of the suspect (if arrested) 1. Regular/Ordinary

Filing if no arrest was made Note: Affidavit of Arrest and booking sheet is not
required 2. Suspect/s can be charged with sec 9 of RA 8484, Art 315, Art 178 and CA
142 as amended by RA 6085. Note: The Case Folder shall contain all of paragraph 3

5.9.6

LOST / STOLEN CREDIT CARD a. There must be a complaint 1. Duly accomplished

complaint sheet 2. Affidavit of the complainant/issuing Bank 3. If a complainant is
a juridical person, ask for his/her authority to file a complaint (Special Power of
Attorney or Corporate Secretary’s Certificate). 4. Evaluate the case to ascertain
the crime committed and/or if the case is suited for entrapment 5. Determine what
appropriate laws are applicable
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6. Determine what kind of document/s needed b. Piece/s of Evidence Needed 1. 2. 3.

4. 5. 6. 7. 8. Credit Card itself (if recovered) Affidavit of merchant (if card was
used) Sales invoice (if card was used) Charge slip (if card was used) Letter of
dispute/affidavit of the legitimate card holder Affidavit of arrest (if suspect was
arrested) Police Blotter Statement of Account

c. Filing of the Case (the documents needed can be secure from the complainant)
Inquest, if arrest was made 1. 2. 3. 4. Referral addressed to the City Prosecutor
Duly accomplished complaint sheet Affidavit of Complainant/issuing Bank If the
complainant is a juridical person, Special Power of Attorney and/or Corporate
Secretary’s Certificate is needed Credit Card itself (if the card was recovered)
Police Blotter to the effect that the card was lost or stolen Affidavit of Merchant
(if the card was used) Sales invoice and charge slip (if the card was used) Letter
of dispute/affidavit of the legitimate card holder

5. 6. 7. 8. 9.

10. Affidavit of Arrest

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11. Statement of account 12. Booking sheet 13. Picture/s of the suspect (if
arrested) d. Regular/Ordinary Filing if no arrest was made Note: Affidavit of
arrest and booking sheet is not needed e. Suspect can be charged with sec 9 of RA
8484, Art 308 and Art 178 all of RPC, CA 142 as amended by RA 6085, etc. Note: The
Case Folder shall contain all of paragraph 3.

5.9.7

STEPS IN INVESTIGATING MANUFACTURING OF CREDIT CARDS a. There must be a complaint

1. 2. 3. Duly accomplished complaint sheet Affidavit of the complainant If
complainant is a juridical person, ask for his/her authority to file a complaint.
Evaluate the case to ascertain the offense committed. Determine what laws are
applicable. Determine what document/s or pieces of evidence are needed to complete
the picture of the case.

4. 5. 6.

b. Piece/s of evidence needed 1. Skimming device (Card Reader) – a device used to

record the data of credit card and then transferred to a duplicate card Hot Stamper
– machine used to shape plastic material by bending, folding, pressing, stretching
and or twisting Embosser – machine used to carve a design in relief on a surface

2.

3.

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4. 5.

Printer – external Scanner – computer peripheral or a stand-alone device that

converts a document, filing, graphic, or photographic to a digital image. Blank PVC
Cards – a standard-sized blank plastic card where a certain credit card is to be
printed Computers – general purpose machine, commonly consisting of digital
circuitry, that accepts (inputs), stores, manipulates, and generates (outputs) data
a number, text, graphics, voice, video files, or electrical signals, in accordance
with instructions called programs.

6.

7.

c. If possible, apply for Search Warrant d. Filing of the Case 1. Inquest if arrest
was made a) b) c) Referral addressed to the City Prosecutor Duly accomplished sheet
Affidavit of the complainant/Certification from the Credit Card Association of the
Philippines

Note: If the complainant is a juridical person, Special Power of Attorney and/or

Corporate Secretary’s Certificate is needed. d) e) f) g) h) i) j) k) Skimming
Device Stamper Embosser Printer Scanner Blank PVC Card Computers Copy of Search
Warrant/s
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l) m) n) o) 2.

Receipt of property seized Certificate of orderly searched Affidavit of Arrest

Booking Sheet

Ordinary Filing if no arrest was made Note: Affidavit of Arrest and booking sheet
is not needed

3.

Suspect/s can be charged with sec 9 of RA 8484

e. Return of Search Warrant/s Note: The Case Folder shall contain all of paragraph
4 and 5.

5.10

SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT

a. What law punishes violations of Anti-Child Abuse Exploitation and Discrimination
Act? Republic Act No. 7610

b. What are the acts in violation of Anti-Child Abuse Exploitation and

Discrimination Act? 1. Any person who engages in or promotes, facilitates or
induces child prostitution acting as a procurer of a child prostitute; inducing a
person to be a client of a child prostitute by means of written or oral
advertisements or other similar means; taking advantage of influence or
relationship to procure a child as prostitute; threatening or using violence
towards a child to engage him as a prostitute; or giving monetary consideration,
goods or other pecuniary benefit to a child with intent to engage such child in
prostitution Any person who commits the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to other sexual abuse;

2.

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3.

Any manager or owner of the establishment where the prostitution takes place, or of
the sauna, disco, bar, resort, place of entertainment or establishment serving as a
cover or which engages in prostitution in addition to the activity for which the
license has been issued to said establishment and derive profit Any person who, not
being a relative of a child, is found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse. Any person receiving
services from a child in a sauna parlor or bath, massage clinic, health club and
other similar establishments. Any person who shall engage in trading and dealing
with children including, but not limited to, the act of buying and selling of a
child for money, or for any other consideration. Any person who attempt to
facilitate the travel of a child alone to a foreign country without valid reason
therefore and without clearance issued by the Department of Social Welfare and
Development or written permit or justification from the child's parents or legal
guardian. Any person, agency, establishment or child-caring institution recruits
women or couples to bear children for the purpose of child trafficking. Any doctor,
hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking

4.

5.

6.

7.

8.

9.

10. Any person engages in the act of finding children among lowincome families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions
who can be offered for the purpose of child trafficking 11. Any person who shall
hire, employ, use, persuade, induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in video, or model in obscene
publications or pornographic materials or to sell or distribute the said materials.
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12. Any ascendant, guardian, or person entrusted in any capacity with the care of a
child who shall cause and/or allow such child to be employed or to participate in
an obscene play, scene, act, movie or show or in any other acts. 13. Any person who
shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's development. 14. Any
person who shall keep or have is his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places. 15. Any person who shall
induce, deliver or offer a minor to any one prohibited by this Act to keep or have
in his company a minor. 16. Any person, owner, manager or one entrusted with the
operation of any public or private place of accommodation, whether for occupancy,
food, drink or otherwise, including residential places, who allows any person to
take along with him to such place or places any minor. 17. Any person who shall
use, coerce, force or intimidate a street child or any other child to beg or use
begging as a means of living; act as conduit or middlemen in drug trafficking or
pushing; or conduct any illegal activities. 18. Any establishments and enterprises
which promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows. 19. Any establishment which
shall be deemed to promote or facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent shows, and other acts of abuse
if the acts constituting the same occur in the premises of said establishment. 20.
Any person who shall employ child models in all commercials or advertisements
promoting alcoholic beverages, intoxicating drinks, tobacco and it’s by products
and violence. 21. Any acts that violate confidentiality of records.

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22. Other analogous acts. NOTE: Child Prostitution and Other Sexual Abuse -
Children, whether male or female, who for money, profit, or any other consideration
or due to the coercion or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse. c. What is the evidence needed to file a case
of child abuse? 1. Testimonial Evidence – affidavit of the complainant and
witnesses Documentary Evidence – contract of employment/business permits,
photographs, videos, publications, records, police records, forensic reports,
medical records and other pertinent documents Object Evidence – computers,
electronic devices and instruments used perpetrating child abuse and means to
control the child victims Other evidence relevant

2.

3.

4.

5.11

ANTI-CHILD PORNOGRAPHY ACT OF 2009 a. What law punishes violations of Anti-Child

Pornography Act? Republic Act No. 9208

b. What are the acts in violation of Anti-Child Pornography Act? 1. Any person, who
hires, employs, uses, persuades, induces or coerces a child to perform in the
creation or production of child pornography. Any person, who produces, directs,
manufactures or creates any form of child pornography and child pornography
materials. Any person, who sells, offers, advertises and promotes child pornography
and child pornography materials.

2.

3.

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4.

Any person who possesses, downloads, purchases, reproduces or makes available child
pornography materials with the intent of selling or distributing them. Any person,
who publishes, posts, exhibits, disseminates, distributes, transmits or broadcasts
child pornography or child pornography materials. Any person, who knowingly
possesses, views, downloads purchases or in any way takes steps to procure, obtain
or access for personal use child pornography materials. Any person who attempts to
commit child pornography by luring or grooming a child. Any acts that violate the
confidentiality of records Other analogous acts

5.

6.

7.

8. 9.

c. What is the evidence needed to file a case for child pornography? 1. Testimonial
Evidence – affidavit of the complainant and witnesses Documentary Evidence –
contract of employment/business permits, photographs, videos, publications,
records, police records, forensic reports and other pertinent documents Object
Evidence – computers, electronic devices and instruments used in taking and
distribution of pornography and means to control the child victims Other evidence
relevant

2.

3.

4.

5.12

JUVENILE JUSTICE AND WELFARE ACT OF 2006 a. What law punishes the violations of
Juvenile Justice and Welfare Act? Republic Act No. 9344

b. What are the acts that constitute the violations of Juvenile Justice and Welfare
Act?

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1.

Any competent authorities who brands or labels children as young criminals,

juvenile delinquents, prostitutes or attaching to them in any manner any other
derogatory names. Any acts which shall be considered prejudicial and detrimental to
the psychological, emotional, social, spiritual, moral and physical health and
well-being of the child in conflict with the law. Employment of threats of whatever
kind and nature. Employment of abusive, coercive and punitive measures such as
cursing, beating, stripping, and solitary confinement. Employment of degrading,
inhuman and cruel forms of punishment such as shaving the heads, pouring
irritating, corrosive or harmful substances over the body of the child in conflict
with the law, or forcing him/her to walk around the community wearing signs which
embarrass, humiliate, and degrade his/her personality and dignity. Compelling the
child to perform involuntary servitude in any and all forms under any and all
instances. Any acts in violation of confidentiality of records Other analogous acts

2.

3. 4.

5.

6.

7. 8.

c. What is the evidence needed to file a case for violation of the Juvenile Justice
and Welfare Act? 1. Testimonial Evidence – affidavit of the complainant and
witnesses Documentary Evidence – photographs, videos, publications, records, police
records, forensic reports, medical records and other pertinent documents Object
Evidence – weapons and instruments used in inflicting physical harm Other evidence
relevant

2.

3.

4.

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5.13

ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 a. What law punishes
violations of Anti-Violence against Women and Children? Republic Act No. 9262

b. What are the acts in violation of Anti- Violence against Women and Children? 1.
2. 3. 4. Causing physical harm to the woman or her child; Threatening to cause the
woman or her child physical harm; Attempting to cause the woman or her child
physical harm; Placing the woman or her child in fear of imminent physical harm;
Attempting to compel or compelling the woman or her child to engage in conduct
which the woman or her child has the right to desist from or to desist from conduct
which the woman or her child has the right to engage in, or attempting to restrict
or restricting the woman’s or her child’s freedom of movement or conduct by force
or threat of force, physical or other harm or threat of physical or other harm, or
intimidation directed against the woman or her child; Threatening to deprive or
actually depriving the woman or her child of custody or access to her/his family;
Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman’s children
insufficient financial support; Depriving or threatening to deprive the woman or
her child of a legal right; Preventing the woman from engaging in any legitimate
profession, occupation, business or activity, or controlling the victim’s own money
or properties, or solely controlling the conjugal or common money, or properties;

5.

6.

7.

8.

9.

10. Inflicting or threatening to inflict physical harm on oneself for the purpose
of controlling her actions or decisions;
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11. Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the woman or her child or her/his
immediate family; 12. Engaging in purposeful, knowing, or reckless conduct,
personally or through another that alarms or causes substantial emotional or
psychological distress to the woman or her child such as stalking or following the
woman or her child in public or private places; peering in the window or lingering
outside the residence of the woman or her child; entering or remaining in the
dwelling or on the property of the woman or her child against her/his will;
destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; engaging in any form of harassment or violence; 13.
Causing mental or emotional anguish, public ridicule or humiliation to the woman or
her child, including, but not limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children or denial of access to the
woman’s child/children; 14. Any acts in violation of confidentiality of records 15.
Other analogous acts NOTE: The offender is any person who commits an act or series
of acts against a woman who is his wife, former wife, or against a woman with whom
the person has or had a sexual or dating relationship, or with whom he has a common
child, or against her child whether legitimate or illegitimate, within or without
the family abode c. What is the evidence needed to file a case for violence against
women and children? 1. Testimonial Evidence – affidavit of the complainant and
witnesses Documentary Evidence – contract of employment/business permits,
photographs, videos, publications, records, police records, forensic reports,
medical records and other pertinent documents
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3.

Object Evidence – computers, electronic devices, weapons and instruments used

perpetrating violence and means to control the woman and child victims Other
evidence relevant

4.

5.14

ANTI-SEXUAL HARASSMENT ACT OF 1995 a. What law punishes the act of sexual
harassment? Republic Act No. 7877

b. What are the acts that constitute sexual harassment? 1. An employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach, trainor,
or any other person who, having authority, influence or moral ascendancy over
another in a work or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of whether the
demand, request or requirement for submission is accepted by the victim. The sexual
favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable
compensation, terms, conditions, promotions, or privileges. The refusal to grant
the sexual favor results in limiting, segregating or classifying the employee which
in a way would discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee; or impair the employee’s rights or
privileges under existing labor laws; or create an intimidating, hostile, or
offensive environment for the employee. Any person who is in-charge of the care,
custody or supervision of the education, training, apprenticeship or tutorship,
requested for sexual favor as a condition to the giving of a passing grade, or the
granting of honors and scholarships, or the payment of a stipend, allowance or
other benefits, privileges, or considerations; or perform some sexual advances
which result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice.

2.

3.

4.

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5.

Any person who directs or induces another to commit any act of sexual harassment or
who cooperates in the commission thereof. Other analogous acts

6.

c. What is the evidence needed to file a case for sexual harassment? 1. 2.

Testimonial Evidence – affidavit of the complainant and witnesses Documentary
Evidence – contract of employment, training, school records, police records,
forensic reports and other pertinent documents Object Evidence – instrument used in
intimidating or gaining sexual favor Other evidence relevant

3.

4.

5.15

ANTI-TRAFFICKING IN PERSONS ACT OF 2003 a. What law punishes trafficking in

persons? Republic Act No. 9208

b. What are the acts that constitute trafficking in persons? 1. Any person, natural
or juridical who recruits, transports, transfers, harbors, provides, or receives 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. Any person who introduces or matches 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. Any person who offers or contracts marriage, real or simulated, for
the purpose of acquiring, buying, offering, selling, or trading them to engage in
prostitution, pornography,
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sexual exploitation, forced labor or slavery, involuntary servitude or debt

bondage. 4. Any person who undertakes or organizes tours and travel plans
consisting of tourism packages or activities for the purpose of utilizing and
offering persons for prostitution, pornography or sexual exploitation. Any person
who maintains or hires a person to engage in prostitution or pornography. Any
person who adopts or facilitates the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage. Any person who recruits, hires, adopts, transports or
abducts 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. Any person, who recruits, transports or adopts a child to engage in armed
activities in the Philippines or abroad. Any persons who knowingly leases or
subleases uses or allows being used any house, building or establishment for the
purpose of promoting trafficking in persons.

5.

6.

7.

8.

9.

10. Any person who produces prints and issues or distributes unissued, tampered or
fake counselling 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. 11. Any person who advertises,
publishes, prints, broadcasts or distributes, or causes 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; 12. Any person who
assists 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
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services for departing persons for the purpose of promoting trafficking in persons;
13. Any person who facilitates, assists or helps 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 un-issued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in persons; 14. Any person who
confiscates, conceals, or destroys 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 15. Any person who knowingly benefits from, financial or
otherwise, or makes use of, the labor or services in a person held in a condition
of involuntary servitude, forced labor, or slavery. 16. Any acts that violate
confidentiality of records 17. Other analogous acts c. What is the evidence needed
to file a case of trafficking in person? 1. Testimonial Evidence – affidavit of the
complainant and witnesses Documentary Evidence – contract of employment, travel
documents, records, police records, forensic reports and other pertinent documents
Object Evidence – devices and instrument used in trafficking and means to control
the trafficked victims Other evidence relevant

2.

3.

4.

5.16

ECONOMIC SABOTAGE IN RELATION WITH ILLEGAL RECRUITMENT a. What law punishes

economic sabotage in relation with illegal recruitment? Presidential Decree No.
2018

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b. What are the acts that constitute economic sabotage in relation with illegal
recruitment? 1. 2. Illegal recruitment is committed by a syndicate The illegal
recruitment is carried out by a group of three (3) or more persons conspiring
and/or confederating with one another in carrying out any unlawful or illegal
transaction, enterprise or scheme. Illegal recruitment is committed in large scale
if committed against three (3) or more persons individually or as a group. Other
analogous acts

3.

4.

c. What is the evidence needed to file a case for economic sabotage in relation
with illegal recruitment? 1. 2. Testimonial Evidence – affidavit of complainants
and witnesses Documentary Evidence - Contract of Employment, Receipts and Other
pertinent documents, Certification from DOLE that the establishment and entities
found to be engaged in the recruitment of workers for overseas employment, without
having been licensed or authorized to do so. Object Evidence – Documents (as to its
existence), paraphernalia, properties and other implements used in illegal
recruitment activities. Other relevant evidence

3.

4.

5.17

FAKE OVERSEAS EMPLOYMENT PROBLEMS (ILLEGAL RECRUITMENT & HUMAN TRAFFICKING)

Human Trafficking and Illegal Recruitment is a lucrative business for opportunist

traffickers. They earn huge profits by taking advantage of a large number of
potential migrants whose ambition to work abroad and hope for a more affluent life
produces a supply of willing victims. Such endeavour favors the
smugglers/traffickers because they face few risks in doing so, to include the
procurement of fraudulent travel documents, passports and entry visas. a. MODUS
OPERANDI 1. The recruitment process is conducted in a presentable office to lure
prospective innocent victims;
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2. 3.

Application forms filled up by victims; Fees allegedly charged up by victims; a) b)

c) d) e) Management and leg works; Processing of passport; Performance bond;
Settlement fees; Incidental expenses;

4. 5. 6.

Usually, official receipts are issued; Also, lucrative employment is offered

Deployment of workers through tourist schemes but with a hidden agenda of
employment. This can be done through their illegal foreign employers; Use of
passport other than that of the applicant to hide or clothe the applicant in
another identity allegedly to ensure his departure and employment aboard; Illegal
use of the name of a licensed recruitment agency as front. They usually use fake
authorizations to recruit overseas workers; House-to-house recruitment,
particularly in provinces;

7.

8.

9.

10. Illegal recruiters are recruiting applicants by introducing themselves as

authorized recruiting agents of a license recruitment agency; 11. Those who
signified their intention to work abroad will be required to pay a certain amount
of money to defray expenses for applicant’s passport, visa and plane ticket; 12.
Once the amount is given and the promise to leave is made, the illegal recruiter
will then vanish and is nowhere to be found by the applicants.

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13. Some applicants will be provided with fake passport, a passport of another
person but with picture of the unsuspecting applicants in cahoots with some
unscrupulous personnel in their port of area. 14. Most of the illegal recruiters go
to remote areas, usually in the provinces due to ignorance/illiteracy of potential
victim due to absence of the means to verify the authenticity of the recruiters.
15. Tourist-Worker Scheme – unscrupulous recruiters lure would be workers by
employing means like leaving the country as tourist but are actually leaving for
employment abroad. 16. Trainee-Worker Scheme – workers are recruited and deployed
as trainees on a training agreement. More often, students leaving in the guise of a
traineeship program for hotels, caregivers or other establishments abroad but
eventually landing jobs in hotel/restaurants and even nursing homes abroad. 17.
Visa Assistance or Immigration Consultancy Scheme – entities operating under the
guise of consultancy or offering services for visa facilitation to include travel
agencies are actually engaged in recruitment by offering placement abroad on
immigration visa. Some of them also operate through the conduct of orientation
seminars, which are actually recruiting activities. 18. Backdoor Exit – workers
leave through the southern ports of exit where immigration control is lax. They
usually leave on cargo ships or on boats. 19. Assumed Identity – workers leave
under another name either using the name of another worker or through “Baklas
system” or obtaining passports through fake birth certificate and other documents.
Minors are usually deployed through this scheme. 20. Direct Hiring – workers are
recruited directly by the foreign employer and deployed either as tourist of
through any of the other illegal means. 21. Escort Service – workers are “escorted”
at the airports and seaports and allowed to leave even without required travel
documents in connivance with crooked government officials/workers.
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22. Mail Order Bride Scheme – marriage is arranged by brokers between Filipino
women and foreigners. The Filipino wife ends up as domestic helper to her husband
and his family or even worse situations abroad. 23. Blind Ads – advertisements for
overseas employment published in dailies do not indicate the name of the recruiter
but provide a P.O. Box to which applications may be submitted. Unlike legitimate
employment firms that have permanent address, many unscrupulous operators run their
so-called job placement firms from out-of-state, and may provide only a post office
or mail drop address. Although there are legitimate firms with post office or mail
drop address, job applicants should be aware that this practice, when used by
unscrupulous operators, makes it easier for the operators to avoid scrutiny by
their clients. 24. Job Listing Service – there are many firms that make no promises
to place you in a job. They merely sell a list of job opportunities, providing
little assurance about the accuracy of the information. For instance, the
information may be sold via a newsletter around the world. Many of the ads may be
months-old, soliciting jobs that already have been filed. In addition, the ads may
not have been verified to ensure that the jobs actually exist. Some ads may be from
countries with strict quotas that discourage the hiring of foreign citizens. Other
publications, may promise access to information on job opportunities, but provides
nothing more than a listing of employers in various regions. They encourage
applicants to submit their requirements through mail together with seemingly
minimal fee. 25. Tie-Up or Kabit System – unlicensed recruiters tie-up with
licensed agencies and recruit workers through the facilities of the latter. Workers
are either deployed under the job order of the license agency but actually work for
another employer abroad or the foreign principal of the unlicensed recruiter is
registered or accredited under the licensed agency’s name. 26. Camouflaged
participants/representative in seminars/sports events – workers leave as
participants in seminars or sports events abroad but actually intend to work there.

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b. Investigative Procedures: 1. The Desk Officer shall entertain all walk-in

complainant/s for Illegal Recruitment and Trafficking cases. The Desk Officer,
after a brief interview with the complainant/s, shall record the incident in the
Police Blotter and refer them to the duty investigator. The duty investigator shall
require the complainant/s to fill up the complaint sheet provided for detailing the
nature of their complaint. The duty investigator, after examining the accomplished
complaint sheet, shall take the sworn statements of the complainant/s and asked for
any receipt or essential documents relative to their complaint. The duty
investigator shall request in writing information from POEA whether or not the
recruitment agency subject of the complaint is duly licensed. If not licensed, get
a certificate to this effect. If registered, get a certified copy of the POEA
license. If the recruitment agency is licensed to operate but has certain
violations under R.A No-8042, or the person/s subject of the complaints is nowhere
to be found, the investigator shall bring the case before the prosecutors’ office
for regular filing. However, if not registered, and the employment agency
continuously accepts applicants for overseas work and still negotiates with the
complainant, the same shall be referred to the nearest CIDG Office for entrapment
operations pursuant to EO 759 dated October 23, 2008. In preparation to the
entrapment operation, the operatives shall conduct an investigation/surveillance
about the subject employment agency to determine the veracity of the complaint, and
thereafter prepare a summary of information (SOI) as requirement to PRE-OPERATION
CLEARANCE. The investigator shall prepare a request to the PNP Crime Laboratory for
Ultra Violet Powder for “Dusting” of marked money to be used in the entrapment
operation.

2.

3.

4.

5.

6.

7.

8.

9.

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10. The team leader shall coordinate personally with the concerned territorial
Police Office within whose jurisdiction the operation will be conducted using the
prescribed Coordination Form prior to the launching of the operation. 11. The
arresting team must be equipped of camera/video to be used during the actual police
operation. 12. Upon arrest of the suspect/s, apprise them of their Constitutional
Rights as provided in RA 7438. Subject arrested person/s shall undergo an Ultra
Violet Powder Examination and Physical/Medical Examination at the PNP Crime
Laboratory. 13. The investigator shall prepare documentation and identification,
fingerprinting (booking sheets) and the standard front, side view, whole body and
back view photographs of the arrested suspect/s. 14. The officer-on-case shall
prepare the letter of transmittal to the prosecutor having jurisdiction over the
case. To be attached as annexes are: a) b) c) d) e) f) Sworn statement taken
Certificate from the POEA Booking sheets /Photographs Affidavit of Arresting
Officers Receipts of payment& documents made by applicants Request and Result of
Ultra Violet Powder from PNP Crime Laboratory Request and Result of
Physical/Medical Examination of the PNP Crime Laboratory Others to be presented
later After inquest, bring subjects to jail for temporary confinement until they
are turned over to the city jail or local or provincial jails. This should be done
immediately.

g)

h) i)

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5.18

OPTICAL MEDIA ACT OF 2003 a. What law punishes violations of the Optical Media Act?
Republic Act No 9239

b. What are the acts in violation of the Optical Media Act? 1. Any person, natural
or juridical, who shall engage in the importation, exportation, acquisition, sale
or distribution of, or possess or operate manufacturing equipment, parts and
accessories without the necessary licenses from the Optical Media Board (OMB); Any
person who shall engage in the mastering, manufacture, replication, importation or
exportation of optical media without the necessary license from the OMB; Any person
who by himself, or through another, causes the mastering, manufacture or
replication of any intellectual property in optical media intended for commercial
profit or pecuniary gain without authority or consent of the owner thereof; Any
person who engages in the mastering, manufacture, or replication of optical media
without affixing or installing in the resulting products the SID Code, and/or such
other codes prescribed, assigned and authorized by the OMB; Any persons who engages
in the mastering, manufacture, or replication of optical media using, affixing or
installing in the resulting products false SID or other codes that have been
assigned by the OMB to another person, or, having been assigned and authorized said
codes by the OMB, allow or authorize another person, establishment or entity to
use, affix or install such codes in the latter's products. Other analogous acts

2.

3.

4.

5.

6.

c. What is the evidence needed to file a case for violations of Optical Media Act?
1. 2. Testimonial Evidence – Affidavits of witnesses Documentary Evidence -
Certificate of non-registration, contracts and other documents, results of
Questioned
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Documents examination for fake SID or codes and police records 3. Object Evidence -
Original and fake Optical Media products subject of the violation and devices used
for unlawful replication of optical media products Other relevant evidence

4.

5.19

ANTI–CARNAPPING ACT OF 1972 a. What law punishes carnapping? Republic Act No. 6539

b. What are the acts that constitute carnapping? 1. It is the taking of motor
vehicle belonging to another without the latter's consent. The taking is by means
of violence against or intimidation of persons, or by using force upon things. The
taking is with intent to gain. The taking includes "defacing or tampering with",
"repainting", "body-building", "remodelling", "dismantling", and "overhauling”.
Other analogous acts

2.

3. 4.

5.

NOTE: The "Motor vehicle" is any vehicle propelled by any power other than muscular
power using public highways, but excepting road rollers, trolley cars, street-
sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian
trucks, and cranes if not used on public highways, vehicles, which run only on
rails or tracks, and tractors, trailers and traction engines of all kinds used
exclusively for agricultural purposes. Trailers having any number of wheels, when
propelled or intended to be propelled by attachment to a motor vehicle shall be
classified as separate motor vehicle with no power rating. It is the taking away of
cattle by any means, method or scheme.

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c. What are the evidences needed to file carnapping? 1. Testimonial witnesses

Evidence – Affidavit of Complainant and

2.

Documentary Evidence - Certificate of Registration of the motor vehicle, the macro-

etching examination of the motor vehicle, photographs of carnapped motor vehicle,
police records and other documents Object Evidence – carnapped motor vehicle Other
relevant evidence

3. 4.

5.20

ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974 a. What law punishes piracy and
highway robbery? Presidential Decree No 532

b. What are the acts that constitute piracy and highway robbery? 1. Any person who
robbery/brigandage. commits piracy or highway

2.

Any person who inflicts physical injuries or committs rape, murder or homicide,
kidnapping for ransom or extortion as a result or on the occasion of piracy or
robbery or brigandage. Any person who abandons the victims without means of saving
themselves when the seizure is accomplished by firing upon or boarding a vessel.
Any person who knowingly and in any manner aids or protects pirates or highway
robbers/brigands, such as giving them information about the movement of police or
other peace officers of the government, or acquires or receives property taken by
such pirates or brigands or in any manner derives any benefit there from. Any
person who directly or indirectly abets the commission of piracy or highway robbery
or brigandage. Other analogous acts
5 ‐ 80 ‐

3.

4.

5.

6.
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c. What is the evidence needed to file a case for piracy and highway robbery? 1.
Testimonial Evidence – affidavit of the complainant and witnesses Documentary
Evidence – travel receipts and documents, bill of lading, police records, forensic
reports and other pertinent documents Object Evidence – the cargoes and other
valuables stolen and proceeds of stolen items Other evidence relevant

2.

3.

4.

5.21

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION a. What law punishes
acts inimical to civil aviation? Republic Act No 6235

b. What are the acts inimical to civil aviation? 1. Any person to compel a change
in the course or destination of an aircraft of Philippine registry, or to seize or
usurp the control thereof, while it is in flight or to compel an aircraft of
foreign registry to land in Philippine territory or to seize or usurp the control
thereof while it is within the said territory. The act to compel is through firing
upon the pilot, member of the crew or passenger of the aircraft; exploding or
attempted to explode any bomb or explosive to destroy the aircraft; or the crime is
accompanied by murder, homicide, serious physical injuries or rape. Any person,
natural or juridical, who shall ship, load or carry in any passenger aircraft
operating as a public utility within the Philippines, any explosive, flammable,
corrosive or poisonous substance or material. The shipping, loading or carrying of
any substance or material in any cargo aircraft operating as a public utility
within the Philippines shall be in accordance with regulations issued by the Civil
Aeronautics Administration. Other analogous acts
5 ‐ 81 ‐

2.

3.

4.
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c. What is the evidence needed to file a case for acts inimical to civil aviation?
1. Testimonial Evidence – Testimonial of complainant and witnesses Documentary
Evidence - Photograph or video of aircraft subject of the crime, Registration of
aircraft and flight or travel documents, Inventory of hazardous materials being
shipped by the aircraft, police records and other related documents Object Evidence
– Aircraft, hazardous materials being shipped by the aircraft and other materials
Other relevant evidence

2.

3.

4.

5.22

ANTI-ELECTRICITY AND ELECTRIC TRANSMISSION LINES/ MATERIALS PILFERAGE ACT OF 1994

a. What law punishes Electricity Pilferage? Republic Act No 7832

b. What are the acts of Electricity Pilferage? 1. Any person/s, whether natural or
juridical, public or private, who taps makes or causes to be made any connection
with overhead lines, service drops, or other electric service wires or to the
existing electric service facilities of any duly registered consumer. Any person/s
who knowingly uses or receives the direct benefit of electric service obtained
through tampers, installing or using a tampered electrical meter, jumper, current
reversing transformer, shorting or shunting wire, loop connection or any other
device which interferes with the proper or accurate registry or metering of
electric current or otherwise results in its diversion in a manner whereby
electricity is stolen or wasted. Any person/s that causes damage or destroys an
electric meter, equipment, wire or conduit or allows any of them to be so damaged
or destroyed as to interfere with the proper or accurate metering of electric
current.
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2.

3.
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2010

4.

The connection made is without previous authority or consent of the private

electric utility or rural electric cooperative concerned or registered consumers.
Other analogous acts

5.

c. What is the evidence needed to file a criminal action for Electricity Pilferage?
1. Testimonial witnesses Evidence – Affidavit of complainants and

2.

Documentary Evidence - Photograph or video of illegal tapping, jumper and tampered

meter, police records, Certificate of non-registration and other related records
Object Evidence – cable wires, electric meter, jumper devices and other equipment
for electricity pilferage Other relevant evidence

3.

4.

5.23

ANTI–CATTLE RUSTLING LAW OF 1974 a. What law punishes the crime of cattle–rustling?
Presidential Decree No. 533

b. What are the acts that constitute cattle–rustling? 1. It is the taking away of
cattle by any means, method or scheme. Absence or without the consent of the
owner/raiser, of any of the cattle. The purpose is regardless for profit or gain.
The taking can be 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 the owner/raiser. Other analogous acts
5 ‐ 83 ‐

2.

3. 4.

5.

6.
PNP Criminal Investigation Manual

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c. What is the evidence needed to file an action for cattle-rustling? 1.

Testimonial Evidence – Affidavit statements of witnesses and others. of complaint,
sworn

2.

Documentary Evidence - Registration documents of the cattle with marking and other
pertinent documents related thereto. Object Evidence - Cattle with markings or skin
of slaughtered cattle with marking and the metal stamp marking of the registered
owner. Other evidence relevant

3.

4.

5.24

THE PHILIPPINE FISHERIES CODE OF 1998 a. What law punishes any violation of The
Philippine Fisheries Code? Republic Act No 8550

b. What are the acts in violation of The Philippine Fisheries Code? 1. No person
shall exploit, occupy, produce, breed, culture, capture or gather fish, fry or
fingerlings of any fishery species or fishery products, or engage in any fishery
activity in Philippine waters without a license, lease or permit. It shall be
unlawful for any foreign person, corporation or entity to fish or operate any
fishing vessel in Philippine waters. The entry of any foreign fishing vessel in
Philippine waters shall constitute a prima facie evidence that the vessel is
engaged in fishing in Philippine waters. It shall be unlawful for any person to
catch, take or gather or cause to be caught, taken or gathered, fish or any fishery
species in Philippine waters with the use of electricity, explosives, noxious or
poisonous substance such as sodium cyanide in the Philippine fishery areas, which
will kill, stupefy, disable or render unconscious fish or fishery species. It shall
be unlawful to engage in fishing using nets with mesh smaller than that which may
be fixed by the authority.
5 ‐ 84 ‐

2.

3.

4.
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2010

5.

It shall be unlawful to engage in fishing in municipal waters and in all bays as

well as other fishery management areas using active fishing gears. It shall be
unlawful for any person or corporation to gather, possess, sell or export ordinary
precious and semi-precious corals, whether raw or in processed form, except for
scientific or research purposes. It shall be unlawful for any person, natural or
juridical, to fish with gear method that destroys coral reefs, sea grass beds, and
other fishery marine life habitat as may be determined by the Department. It shall
be unlawful to engage in fishing with the use of super lights in municipal waters
or in violation of the rules and regulations on the use of super lights outside
municipal waters. It shall be unlawful for any person to convert mangroves into
fishponds or for any other purposes.

6.

7.

8.

9.

10. It shall be unlawful to fish in overfished area and during closed season. 11.
It shall be unlawful to fish in fishery areas declared by the Department as fishery
reserves, refuge and sanctuaries. 12. It shall be unlawful to fish or take rare,
threatened or endangered species. 13. It shall be unlawful for any person to catch,
gather, capture or possess mature milkfish or "sabalo" and such other breeders or
spawners of other fishery species. 14. Exportation of Breeders, Spawners, Eggs or
Fry. 15. Importation or Exportation of Fish or Fishery Species. 16. It shall be
unlawful for any person to fish in violation of catch ceilings. 17. Aquatic
Pollution. 18. Other analogous acts
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c. What is the evidence needed to file the action for any violation of The
Philippine Fisheries Code? 1. Testimonial Evidence – Affidavits of complainants and
witnesses Documentary Evidence - Certificate of non–registration and other
pertinent documents, Photographs of explosives and prohibited fishing devices,
Forensic chemical results of explosives and hazardous fishing poisons, police
record and other relevant documents Object Evidence - explosives, fishing devices
and other gadgets and Fish and other aquatic resources subject of the violations
Other relevant evidence

2.

3.

4.

5.25

ANTI–FENCING LAW OF 1972 a. What law punishes fencing? PD No. 1612

b. What are the acts that constitute fencing? 1. Any person, firm, association,
corporation or partnership or other organization who/which commits the act of
fencing. An act of any person, with intent to gain for himself or for another. Such
person shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or
shall buy and sell or in any other manner deal in any article, item, object or
anything of value which he knows, or should be known to him, to have been derived
from the proceeds of the crime of robbery or theft. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a case of fencing? 1. Testimonial witnesses

Evidence – Affidavit of complainants and

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2.

Documentary Evidence - Receipts or Contract of Sale and other pertinent documents,

any documents showing the ownership of stolen items and appraised value or amount
of stolen items police records and other related documents Object Evidence - Stolen
items, or proceeds of the stolen items Other relevant evidence

3.

4.

5.26

CHAIN SAW ACT OF 2002 a. What law punishes violations of the Chain Saw Act?
Republic Act No 9172

b. What are the acts in violation of the Chain Saw Act? 1. Selling, Purchasing, Re-
selling, Transferring, Distributing or Possessing a Chain Saw without a Proper
Permit. Unlawful Importation or Manufacturing of Chain Saw Tampering of Engine
Serial Number Actual Unlawful Use of Chain Saw Other analogous acts

2. 3. 4. 5.

c. What is the evidence needed to file a case for violation of the Chain Saw Act?
1. 2. Testimonial Evidence – Affidavits of witnesses Documentary Evidence -
Certificate of non-registration, contracts, Macro-etching result of tampered engine
serial number, Police records and other documents Object Evidence - Chain saw as
subject of the litigation Other relevant evidence

3. 4.

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5.27

HUMAN SECURITY ACT OF 2007 a. What law punishes violations of Human Security Act?
Republic Act No. 9372

b. What are the acts that constitute the violations of the Human Security Act? 1.
Any person who commits an act punishable under any of the following provisions of
the Revised Penal Code: a) Article 122 (Piracy in General and Mutiny in the High
Seas or in the Philippine Waters); Article 134 (Rebellion or Insurrection); Article
134-a (Coup d' Etat), including acts committed by private persons; Article 248
(Murder); Article 267 (Kidnapping and Serious Illegal Detention); Article 324
(Crimes Involving Destruction), or under Presidential Decree No. 1613 (The Law on
Arson); Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990); Republic Act No. 5207, (Atomic Energy Regulatory and
Liability Act of 1968); Republic Act No. 6235 (Anti-Hijacking Law); Presidential
Decree No. 532 (Anti-Piracy and AntiHighway Robbery Law of 1974); and, Presidential
Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)

b) c)

d) e) f) g) h)

i)

j) k)

l)

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2.

Thereby sowing and creating a condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the government to give in to an
unlawful demand shall be guilty of the crime of terrorism When two or more persons
come to an agreement concerning the commission of the crime of terrorism as defined
in Section 3 hereof and decide to commit the same Any person who, not being a
principal, cooperates in the execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or simultaneous acts Any person who,
having knowledge of the commission of the crime of terrorism or conspiracy to
commit terrorism, and without having participated therein, takes part subsequent to
its commission in any of the following manner: (a) by profiting himself or
assisting the offender to profit by the effects of the crime; (b) by concealing or
destroying the body of the crime, or the effects, or instruments thereof, in order
to prevent its discovery; (c) by harbouring, concealing, or assisting in the escape
of the principal or conspirator of the crime Other analogous acts

3.

4.

5.

6.

c. What is the evidence needed to file a case for violations of the Human Security
Act? 1. Testimonial Evidence – affidavit of the complainant and witnesses
Documentary Evidence – subversive documents, photographs, videos, publications,
records, police records, forensic reports, medical records and other pertinent
documents Object Evidence – computers, electronic devices, weapons and instruments
used perpetrating violence and means to control the woman and child victims Other
evidence relevant

2.

3.

4.

5 ‐ 89 ‐
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5.28

PHILIPPINE ACT ON CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER
CRIMES AGAINST HUMANITY a. What law punishes the crimes against international
humanitarian law, genocide, and other crimes against humanity? Republic Act No.
9851

b. What are the acts that constitute the crimes against international humanitarian
law, genocide, and other crimes against humanity? 1. In case of an international
armed conflict, grave breaches of the Geneva Conventions of 12 August 1949, namely,
any of the following acts against persons or property protected under provisions of
the relevant Geneva Convention: a) b) Wilful killing; Torture or inhuman treatment,
including biological experiments; Wilfully causing great suffering, or serious
injury to body or health; Extensive destruction and appropriation of property not
justified by military necessity and carried out unlawfully and wantonly; Wilfully
depriving a prisoner of war or other protected person of the rights of fair and
regular trial; Arbitrary deportation or forcible transfer of population or unlawful
confinement; Taking of hostages; Compelling a prisoner, a prisoner, of war or other
protected person to serve in the forces of a hostile power; and Unjustifiable delay
in the repatriation of prisoners of war or other protected persons.

c)

d)

e)

f)

g) h)

i)

2.

In case of a non-international armed conflict, serious violations of common Article

3 to the four (4) Geneva Conventions of 12 August 1949, namely, any of the
following acts committed
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against persons taking no active part in the hostilities, including members of the
armed forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention or any other cause; a) Violence to life and person, in
particular, willful killings, mutilation, cruel treatment and torture; Committing
outrages upon personal dignity, in particular, humiliating and degrading treatment;
Taking of hostages; and The passing of sentences and the carrying out of executions
without previous judgment pronounced by a regularly constituted court, affording
all judicial guarantees which are generally recognized as indispensable.

b)

c) d)

3.

Other serious violations of the laws and customs applicable in armed conflict,
within the established framework of international law, namely: a) Intentionally
directing attacks against the civilian population as such or against individual
civilians not taking direct part in hostilities; Intentionally directing attacks
against civilian objects, that is, objects which are not military objectives;
Intentionally directing attacks against buildings, material, medical units and
transport, and personnel using the distinctive emblems of the Geneva Conventions or
Additional Protocol III in conformity with intentional law; Intentionally directing
attacks against personnel, installations, material, units or vehicles involved in a
humanitarian assistance or peacekeeping mission in accordance with the Charter of
the United Nations, as long as they are entitled to the protection given to
civilians or civilian objects under the international law of armed conflict;
Launching an attack in the knowledge that such attack will cause incidental loss of
life or injury to civilians or damage to civilian objects or widespread, long-term
and
5 ‐ 91 ‐

b)

c)

d)

e)
PNP Criminal Investigation Manual

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severe damage to the natural environment which would be excessive in relation to

the concrete and direct military advantage anticipated; f) Launching an attack
against works or installations containing dangerous forces in the knowledge that
such attack will cause excessive loss of life, injury to civilians or damage to
civilian objects, and causing death or serious injury to body or health. Attacking
or bombarding, by whatever means, towns, villages, dwellings or buildings which are
undefended and which are not military objectives, or making nondefended localities
or demilitarized zones the object of attack; Killing or wounding a person in the
knowledge that he/she is hors de combat, including a combatant who, having laid
down his/her arms or no longer having means of defence, has surrendered at
discretion; Making improper use of a flag of truce, of the flag or the military
insignia and uniform of the enemy or of the United Nations, as well as of the
distinctive emblems of the Geneva Conventions or other protective signs under
International Humanitarian Law, resulting in death, serious personal injury or
capture; Intentionally directing attacks against buildings dedicated to religion,
education, art, science or charitable purposes, historic monuments, hospitals and
places where the sick and wounded are collected, provided they are not military
objectives. In case of doubt whether such building or place has been used to make
an effective contribution to military action, it shall be presumed not to be so
used; Subjecting persons who are in the power of an adverse party to physical
mutilation or to medical or scientific experiments of any kind, or to removal of
tissue or organs for transplantation, which are neither justified by the medical,
dental or hospital treatment of the person concerned nor carried out in his/her
interest, and which cause death to or seriously endanger the health of such person
or persons;

g)

h)

i)

j)

k)

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l)

Killing, wounding or capturing an adversary by resort to perfidy; Declaring that no

quarter will be given; Destroying or seizing the enemy's property unless such
destruction or seizure is imperatively demanded by the necessities of war;
Pillaging a town or place, even when taken by assault; Ordering the displacements
of the civilian population for reasons related to the conflict, unless the security
of the civilians involved or imperative military reasons so demand; Transferring,
directly or indirectly, by the occupying power of parts of its own civilian
population into the territory it occupies, or the deportation or transfer of all or
parts of the population of the occupied territory within or outside this territory;
Committing outrages upon personal dignity, in particular, humiliating and degrading
treatments; Committing rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of sexual violence also
constituting a grave breach of the Geneva Conventions or a serious violation of
common Article 3 to the Geneva Conventions; Utilizing the presence of a civilian or
other protected person to render certain points, areas or military forces immune
from military operations; Intentionally using starvation of civilians as a method
of warfare by depriving them of objects indispensable to their survival, including
wilfully impeding relief supplies as provided for under the Geneva Conventions and
their Additional Protocols; In an international armed conflict, compelling the
nationals of the hostile party to take part in the operations of war directed
against their own country, even if they were in the belligerent's service before
the commencement of the war;
5 ‐ 93 ‐

m) n)

o) p)

q)

r)

s)

t)

u)

v)
PNP Criminal Investigation Manual

2010

w)

In an international armed conflict, declaring abolished, suspended or inadmissible

in a court of law the rights and actions of the nationals of the hostile party;
Committing any acts such as conscripting, enlisting or recruiting children under
the age of fifteen (15) years into the national armed forces; and conscripting,
enlisting or recruiting children under the age of eighteen (18) years into an armed
force or group other than the national armed forces; and using children under the
age of eighteen (18) years to participate actively in hostilities; Employing means
of warfare which are prohibited under international law, such as poison or poisoned
weapons; asphyxiating, poisonous or other gases, and all analogous liquids,
materials or devices; bullets which expand or flatten easily in the human body,
such as bullets with hard envelopes which do not entirely cover the core or are
pierced with incisions; and weapons, projectiles and material and methods of
warfare which are of the nature to cause superfluous injury or unnecessary
suffering or which are inherently indiscriminate in violation of the international
law of armed conflict.

x)

y)

4.

Any Acts of "genocide" stet with intent to destroy, in whole or in part, a

national, ethnic, racial, religious, social or any other similar stable and
permanent group as such: killing members of the group; causing serious bodily or
mental harm to members of the group; deliberately inflicting on the group
conditions of life calculated to bring about its physical destruction in whole or
in part; imposing measures intended to prevent births within the group; and
forcibly transferring children of the group to another group. Any person who
directly and publicly incite others to commit genocide. Other Crimes against
Humanity means any acts of a widespread or systematic attack directed against any
civilian population, with knowledge of the attack such as willful killing;
extermination; enslavement; arbitrary deportation or forcible transfer of
population; imprisonment or other severe deprivation of physical liberty in
violation of fundamental rules of international law; torture; rape, sexual slavery,
enforced prostitution, forced pregnancy, enforced sterilization, or any
5 ‐ 94 ‐

5.

6.
PNP Criminal Investigation Manual

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other form of sexual violence of comparable gravity; persecution against any

identifiable group or collectively on political, racial, national, ethnic,
cultural, religious, gender, sexual orientation or other grounds that are
universally recognized as impermissible under international law, in connection with
any act referred to in this paragraph or any crime defined in this Act; enforced or
involuntary disappearance of persons; apartheid; and other inhumane acts of a
similar character intentionally causing great suffering, or serious injury to body
or to mental or physical health. 7. Other analogous acts

c. What is the evidence needed to file a case for crimes against international
humanitarian law, genocide, and other crimes against humanity? 1. Testimonial
Evidence – affidavit of the complainant and witnesses Documentary Evidence –
contract of employment/business permits, photographs, videos, publications,
records, police records, forensic reports, medical records and other pertinent
documents Object Evidence – computers, electronic devices, weapons and instruments
used perpetrating violence and means to control the woman and child victims Other
evidence relevant

2.

3.

4.

5.29

ANTI–HAZING ACT a. What law punishes violations of the Anti-Hazing Act? Republic
Act No 8094

b. What are the acts in violation of the Anti-Hazing Act? 1. The hazing or
initiation rites in any form or manner by a fraternity, sorority or organization
were done without prior written notice to the school authorities or head of
organization. Any person subjected to hazing or other forms of initiation rites was
recruited through force, violence, threat, intimidation or deceit or the recruit,
neophyte or applicant initially consents to
5 ‐ 95 ‐

2.
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2010

join but upon learning that hazing will be committed on his person, is prevented
from quitting or the recruit, neophyte or applicant having undergone hazing is
prevented from reporting the unlawful act to his parents or guardians, to the
proper school authorities, or to the police authorities, through force, violence,
threat or intimidation; 3. 4. Hazing is committed outside of the school or
institution; or The victim is below twelve (12) years of age at the time of the
hazing. The victim of hazing suffers any physical injury or dies as a result
thereof or death, rape, sodomy or mutilation results there from or the victim shall
become insane, imbecile, impotent or blind or the victim shall have lost the use of
speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot,
an arm or a leg or shall have lost the use of any such member shall have become
incapacitated for the activity or work in which he was habitually engaged or the
victim shall become deformed or shall have lost any other part of his body, or
shall have lost the use thereof, or shall have been ill or incapacitated or Other
analogous acts

5.

6.

c. What is the evidence needed to file a case for violations of the AntiHazing Act?
1. Testimonial Evidence – affidavit of the complainants and witnesses Documentary
Evidence – Certification of non- issuance of hazing permit, police records and
Medico - legal Results of the victim Object Evidence - Instruments used in hazing
Other relevant evidence

2.

3. 4.

5.30

ANTI-TORTURE ACT OF 2009 a. What law punishes violation of the Anti-Torture Act?
Republic Act No 9745
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b. What are the acts that constitute violation of the Anti-Torture Act? 1. Physical
torture - A form of treatment or punishment inflicted by a person in authority or
agent of a person in authority upon another in his/her custody that causes severe
pain, exhaustion, disability or dysfunction of one or more parts of the body.
Mental/Psychological Torture - Refers to acts committed by a person in authority or
agent of a person in authority which are calculated to affect or confuse the mind
and/or undermine a person's dignity and morale. Secret detention – Places, solitary
confinement, incommunicado or other similar forms of detention, where torture may
be carried out with impunity. Other analogous acts

2.

3.

4.

c. What is the evidence needed to file a case for violations of the AntiTorture
Act? 1. Testimonial Evidence – affidavit of the complainant and witnesses
Documentary Evidence - Medical and Psychological Results of the Victim, Photographs
of the tortured body of the victims and police records Object Evidence –
weapons/instrument used in torture, if there is any Other evidence relevant

2.

3.

4.

5.31

URBAN DEVELOPMENT AND HOUSING ACT OF 1992 a. What law punishes violations of the
Urban Development and Housing Act? Republic Act No. 7279

b. What are the acts that constitute violations of the Urban Development and
Housing Act?

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1.

Any person or groups of persons engaged in the business of squatter housing for
profit or gain. Any person or groups who occupy lands without the express consent
of the landowner and who have sufficient income for legitimate housing. Any person
who have previously been awarded home lots or housing units by the Government but
who sold, leased or transferred the same to settle illegally in the same place or
in another urban area, and non-bona fide occupants and intruders of lands reserved
for socialized housing. Any public official who tolerates or abets the nefarious
and illegal activities of professional squatters and squatting syndicates. Other
analogous acts.

2.

3.

4.

5.

c. What is the evidence needed to file a case for violations of the Urban
Development and Housing Act? 1. Testimonial Evidence – affidavit of the complainant
and witnesses Documentary Evidence – contracts, receipts, records, police reports,
court orders of eviction and demolition, photographs, maps and other pertinent
documents Other evidence relevant

2.

3.

NOTE: The term “Squatting Syndicates” refers to groups of persons engaged in the
business of squatters and squatting syndicates The following analogous acts may be
considered under the provision of the law: a) Any person who knowingly bought
rights for a parcel of land from another person who has no title or rights over the
same; and Non-bonafide beneficiary who is defined as an individual not qualified to
avail of socialized government housing program or a bona fide beneficiary who
refused to
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comply with the terms and conditions of the housing program but continues to occupy
the property reserved for the same.

5.32

PHILIPPINE PASSPORT ACT 1996 a. What law punishes the violations of the Philippine
Passport Act? Republic Act No. 8239

b. What are the acts that violate the Philippine Passport Act? 1. Acting or
claiming to act in any capacity of office under the Republic of the Philippines,
without lawful authority, grants, issues or verifies any passport or travel
document to any or for any person. Being a diplomatic or consular official
authorized to grant, issue, amend or verify passports, knowingly and wilfully
grants, issues, amends or verifies any such passport to any person not owing
allegiance to the Republic of the Philippines, whether citizen or not. Being a
diplomatic officer knowingly and wilfully grants and issues to, amends or certifies
to the authenticity of any passport or travel documents for any person not entitled
thereto, or knowingly and wilfully issues more than one passport to any person.
Offences Relating to False Statements. Any person who wilfully and knowingly: a)
Makes any false statement in any application for passport with the intent to induce
or secure the issuance of a passport under the authority of the Philippine
Government, either for his own use or the use of another; Uses or attempts to use
any passport which was secured in any way by reason of any false statements; and
Travel and recruitment agencies whose agents, liaison officers or representatives
are convicted of offences relating to false statements shall in addition to the
fines and penalties above-mentioned have their license revoked with all deposits,
escrow accounts or guarantee
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2.

3.

4.

b)

c)
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funds deposited or made as a requirement of their business forfeited in favor of

the government without prejudice to the officials of the branch office or of the
agency being charged as accessories to the offence and upon conviction barred from
engaging in the travel agency business. 5. Offences Relating to Forgery. Any person
who: a) Falsely makes, forges, counterfeits, mutilates or alters any passport or
travel documents or any supporting document for a passport application, with the
intent of using the same; and Wilfully or knowingly uses or attempts to use or
furnishes to another for use any such false, forged, counterfeited, mutilated or
altered passport or travel document or any passport validly issued which has become
void by the occurrence of any condition therein.

b)

6.

Offences Relating to Improper Use. Any person who wilfully and knowingly: a) Uses
or attempts to use, any passport issued or designed for the use of another or any
supporting documents for a passport application which belongs to another; or Uses
or attempts to use any passport or supporting documents in violation of the
conditions or restrictions therein contained, or of the rules prescribed pursuant
thereto; or Furnishes, disposes, or delivers a passport to any person, for use by
another or other than the person for whose use it was originally issued or
designed; or Defaces or destroys a Philippine passport, shall be punished by a fine
of not less than Sixty thousand pesos (P60,000) nor more than One hundred fifty
thousand pesos (P150,000) and imprisonment of not less than six (6) years nor more
than fifteen years.

b)

c)

d)

7.

Offences Relating to Multiple Possessions. No person or individual may hold more

than one valid passport.

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c. What is the evidence needed to file a case of violation of the Philippine

Passport Act? 1. Testimonial Evidence – affidavit of the complainant and witnesses
Documentary Evidence – contracts, receipts, records, police reports, court orders
of eviction and demolition, photographs, maps and other pertinent documents Other
evidence relevant

2.

3.

5.33

PASSPORT / VISA RACKET INVESTIGATION a. PASSPORT EXAMINATION GUIDE 1. Cover

examination a) b) Correct spelling of text Texture, thickness, evenness of the top
and bottom edges, shape and cut of corners Holding the passport closed, the cover
and interior pages should be evenly aligned

c)

NOTE: Any discrepancies in spelling, texture, cut of edges and corners, or

misalignment of the passport cover and pages may be evidence the passport is
fraudulent, or the passport has been disassembled and interior pages substituted 2.
Examine paper covering inside of front and back cover a) Normally, when the
passport is bound, one sheet of paper is glued to the inside front and back cover.
Handwritten entries on the inside sheet should be made in the same color ink and
all the entries should be made in the same style of handwriting. The passport
bearer’s signature may legitimately be made in a different color ink. The first
through the last page should be examined individually and collectively.
Collectively, all the pages
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b)

c)

d)
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should be the same size and color, have the same background style designs, printing
and watermark. e) If the passport text, page numbers or headings on any one or all
pages are indistinct and lack detail, it could be evidence that the whole passport
or some pages are fraudulent.

3.

Introductory page a) If the passport is being used by an impostor, the name of the
original owner may have been skillfully changed and the paper surface beneath the
bearer’s name should be carefully studied for fiber disturbance. The document is
taken to a window with good north lighting and the page containing the alteration
held at eye level facing the light. Then the page is examined by slowly rotating
and shifting the document. The paper surface should be uniformly smooth and free
from fiber disturbance. Natural north light is the best light for revealing
evidence not obvious under conventional light sources.

b)

4.

Photograph page a) Every passport has a page containing a photograph of the

passport bearer. The passport photo usually measures 2 ½” x2 ½ in size and is
attached to the page with adhesive glue or metal grommets. The photo page should be
examined in the following manner: 1) The page should be aligned with the other
pages of the passport and the edges and corners should be guillotine-cut. The
laminate should be examined near the binding for a line, excess glue or the
presence of a second layer of laminate. Examine the laminate page for jagged or
enlarged stitching holes and the presence of a cut line.
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b)

c)

2)

3)
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4)

Examine the area beneath the laminate for numerous air bubbles and excessive
wrinkling. Examine the dry seal and check the area around the photograph and on the
opposite page for excess gluing, paper damage, and unusual staining. If the photo
page contains a signature appearing on the photo and page, examine it to see that
the signature portions are made with the same ink. Also no part of the signature
should appear beneath the photograph. In passports where a signature tab is used,
it is usually placed on top of the photograph.

5)

6)

5.

Fraudulent page substitution a) Disassemble the Passport 1) Remove the original

page and substitute a genuine page from another passport or substitute a
counterfeit page. Sometimes the forgers remove a genuine VISA page from a passport
and print the data found on the biographical data or photo page. This fraudulently
printed page is then substituted for the genuine pages.

2)

b)

Cut the Genuine Page out of the Passport 1) 2) Cut passport along the binding. Glue
a fraudulent or counterfeit substitute page back into the passport. To detect page
substitutions, examine ALL passports pages using natural and side lighting to see
that all the pages have the same coloration, watermark pattern of the paper.
Examine the stitching between the first page and last page and also the stitching
in the center of the passport for loose stitches and enlarged or extra stitching
holes.

3)

4)

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6.

Modus Operandi Some applicants will be provided with fake passport (Baklas), a
passport of another person but with the picture of the unsuspecting applicants in
cahoots with some unscrupulous personnel in their port of exit. The suspect/s who
systematically and for Profit produce fraudulent documents for clients to obtain
visas and passports illegally by; a) Making any false statements in any application
for passport either for his own use or the use of another Falsely makes, forges,
counterfeits, mutilates or alters any passport or travel documents. Furnishes
disposes or delivers a passport to any person, for use by another or other than the
person for whose use it was originally issued or designed (Names Substitution)
Scanning of Visas The most commonly falsified documents required by the legitimate
issuing authority to issue travel documents includes the following; 1) 2) 3) 4) 5)
6) 7) 8) 9) Birth certificate Baptismal certificate Driving licenses Social
security cards Employment records Bank records Land titles Vehicle titles Reference
letters
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b)

c)

d) e)
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10) School Credentials (Transcript-Diploma) 7. Investigative Procedures a) The Desk

Officer shall entertain all walk-in complainant/s for fraudulent passport and visa
investigation. The Desk Officer, after a brief interview with the complainant/s,
shall record the incident in the Police Blotter and refer them to the duty
investigator. The duty investigator shall require the complainant/s to fill up the
complaint sheet provided for detailing the nature of their complaint. The duty
investigator, after examining the accomplished complaint sheet, shall take the
sworn statements of the complainant/s and asked for any receipt or essential
documents relative to their complaint. Request authentification of documents from
the DFA or the issuing office/agency, and if fraudulent, secure a certification to
this effect. To arrest the source of the falsified documents thru an entrapment
operation or apply for a Search Warrant for target location.

b)

c)

d)

e)

f)

NOTE: If the operation is by virtue of Search Warrant, Confine yourself to the

limits set under the SW, particularly the place to be searched and the things to be
seized. g) Bring the seized articles and documents to the investigating office.
Seized articles and documents must be surrendered, duly receipted to the records
and evidence section. If too bulky, they must be kept in a secure place, locked and
protected from loss. Return the search warrant as soon as possible. Usually the
return is made with a petition for retention of the articles and documents seized.
Bring officials and employees of the agency to the investigating office for
documentation and identification, fingerprinting and the standard front, side view,
whole
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h)

i)
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body and back view photographs. Apprise them of their Constitutional Rights as
provided for and those specifically mentioned in RA 7438. Take their sworn
statements, if they are willing, in the presence and with consent of their counsel.
j) Coordinate with the PNP Crime Lab for “Dusting” of marked money to be used
during the entrapment operation. If the subject is arrested, prepare the letter of
transmittal and bring the same to Inquest Prosecutor having jurisdiction over the
case. To be attached as annexes are: 1) 2) 3) 4) 5) 6) 7) Sworn statement taken
Certificate from the DFA or the affected agencies Booking sheets and Affidavit of
arrest Receipts of payment made by applicants Seized articles/items recovered duly
receipted PNP Crime Laboratory Report Pictures or video coverage of the operation
conducted, if any

k)

l)

If bail is fixed during inquest, bring subjects to jail for temporary confinement
until they are turned over to the city jail or local or provincial jails. This
should be done immediately. Ordinary filing before the prosecutors’ office when the
subject is at large.

m)

8.

Additional guidelines to be undertaken by the Investigator Gather documents before

conducting a formal investigation of subjects. a) Passport on file with the Record
Section, Passport and Visa Division, Consular Affairs Office

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1) 2) 3) 4) b)

Checklist for Processing Application Passport application (Form 1) Information

Sheet Sworn Statement for Passport Application

Supporting Documents 1) Birth Certificate or certificate of loss together with

birth affidavit Marriage Contract Income Tax Certificate Affidavit of Support

2) 3) 4) c)

Determine from the checklist the identity of the the DFA officer who processed the
application and the person who filed the same (whether the applicant himself or the
travel agent). Determine the travel agent who filed the application or the agency
for which the travel agent works. NOTE: SOP of DFA requires the stamp of the travel
agents appear on the upper right hand corner of the application for passport. The
name of witness who attested that the statements of the applicant are true. Who
identified the affiant? 1) The notary public or administering officer who notarized
the Application. Check the name of the travel agent who filed the application.
Check with Licensing DFA whether or not the travel agency is licensed or
blacklisted. Secure certifications:
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d)

e)

f)

2)

3)

4)
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(a)

From the consular Affairs Office, the number and date of issue of the passport to
the applicant. From the Embassy concerned, the date and type of visa issued to the
applicant.

(b)

5)

Get the Sworn Statement of the Applicant. (a) Did he/she personally fill up the
application for passport and visa? Did he personally appear for interview at the
Embassy concerned? Get the official receipts issued by the travel agent or agency,
which filed the application. Did he/she personally furnish the supporting documents
to the application? Other pertinent matters you believe material to your
investigation, especially those relative to the identification of subject, and the
extent of involvement of other persons in the case.

(b)

(c)

(d)

(e)

g)

Gather documentary evidence linking subject to the falsification of the passport or

visa, such as receipts, etc. Document or reduce in writing statements of persons
whose testimonies are needed to complete the picture of the case. Submit to the
Questioned Documents Division, Crime Laboratory all documents which were falsified
together with specimen standards gathered. Submit to the Chemistry Division of the
Crime Laboratory the passport and visa to determine the alleged alterations or
falsifications. Follow up new leads that might have been discovered by the travel
agents.

h)

i)

j)

k)

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CHAPTER VI TERRORISM AND ORGANIZED CRIMES

“There is strength in numbers” and “The More, the Merrier”. These are only some of
the fundamental truths associated with the trend of organized crimes anywhere in
the world. By organizing, the underworld elements benefit from more resource-base,
greater number of membership, more firepower, more notoriety and better access to
technology used for criminal purposes. Terrorism is the offshoot of lack of strong
and powerful army of combatants, or component elements to carry out missions and
ideology. Terrorism is the weapon of the weak against the more powerful and
stronger military force or political power. Despite their destructive implications
in society, culture and environment, both organized crime groups (OCGs) and
terrorist organizations are prosecuted only on the criminal elements of their
offenses and no special penal provision for the heinous aspect of their acts.
Hence, whenever police actions are wanting for the purpose of delivering social
justice to the victims, the more they become notorious and fearsome; the more the
public loses trust and confidence to the law enforcement bodies. The process of
revising the investigation manual of the PNP is a welcome and most appropriate
development. This paves way for the updating of the systems and procedures, rules
and regulations governing the conduct of investigation and other related police
operations, so that current developments on the ground are put into consideration
and recognized towards the solution of cases committed by OCGs and terrorist
groups. The PNP, for one, is faced with demands and challenges in terms of
technology, innovation, and new modus operandi employed by OCGs and local
terrorists in the commission of their crime. We have to be knowledgeable not only
about the current technology but also the laws and technical aspects of job
performance to address and keep abreast with the level of modernity employed by the
OCGs and terrorists.

6.1

Forms of Terrorist Tactics/Methods of Attack a. Bombing b. Arson c. Hijacking d.

Ambush e. Assassination f. Kidnapping g. Hostage-taking
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6.2

CRIMINAL CHARGES AND PENAL PROVISIONS FOR ACTS OF TERRORISM

Prior to the enactment of Republic Act 9372, otherwise known as the Human Security
Act, crimes constituting terrorism had been penalized only for violations under the
Revised Penal Code and/or special laws to include, among others, arson, hijacking,
kidnapping, murder, and rebellion. With the passage of the above law, the
circumstances constituting the crime of terrorism have been unequivocally defined
giving emphasis to the effect generated on the populace.

6.3

ESSENTIAL CHARACTERISTICS OF A TERRORIST ACT a. The act is unlawful; b. Involves

use of collective violence or those directed at many potential victims at one time;

c. Targets humans, properties or environment;

d. Designed to coerce government or target entities either to stop doing something

to which the terrorist is opposed or to pressure it to do something which the
terrorist demands to be done.

e. Political, ethnic/religious, or ideological objectives.

f. Usually with a warning prior to or after the commission of the terrorist attack.
Presence or combination of all of the foregoing elements/characteristics indicates
the commission of a major terrorist attack. a. Organized Crime Group - A group
composed of two (2) or more persons collaborating, confederating or mutually
helping one another in the commission of any crime and sometimes enjoying the
protection of people in the government or public service (EO 3 and EO 8). b. Forms
of Criminal Acts Perpetrated by OCGs. The following are most common criminal acts
perpetrated or committed by Organized Crime Groups and/or Syndicated Crime Groups:
1. 2. 3.

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Drug Trafficking Carnapping Kidnap-for-Ransom

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4.

Robbery/Hold-up Counterfeiting Bank Fraud; Large-Scale Swindling Gunrunning

Falsification

5.

6.

7.

8.

9.

10. Illegal Logging 11. Piracy

12. Film Piracy c. Essential Characteristics/Features of an OCG 1. 2. 3. 4.

Capability Organizational structure Composition – highly structured and complex
Disposition – members have infiltrated a vast variety of legitimate businesses that
circumvent government controls Resources a) b) c) 6. high profile strength highly
sophisticated logistical support highly specialized training and indoctrination

5.

Networking/Connections a) b) well-entrenched and fluid network tight operating

linkages and influence enforcement and other government agencies with law

c)

initiated and maintained through bribery and corruption of public officials

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7.

Modus Operandi a) b) c) high profile difficult to counter violence and intimidation

8.

Personalities Attained high level or criminal prominence, influence and linkages

not only in their AOR but also outside of its boundaries

9.

Motive Organizational profit, notoriety, influence and advantage

10. Nature of criminal activity Crimes that are high profile, sensational, large-
scale, diversified and have major impact on the economy and national security. 11.
Time, duration and frequency a) b) c) Long-term goals Regularized operations
Widespread, transcends provincial, regional, national or even international
political boundaries

6.4

SPECIFIC INVESTIGATIVE PROCEDURES a. When dealing with walk-in/referred cases 1. 2.

Desk Officer shall conduct initial interview. Upon completion of the interview, the
complainant shall be referred to the Investigator by the Duty Desk Officer.
Investigator shall cause the Accomplishment of the Complaint Sheet.
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3.
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b. When Handling Terrorist/OCG Information Step 1: Gathering and Validation of

Intel Information 1. Based on Agent’s reports, prepare a Summary of Information
(SOI). Refer to current Target List for case linkage. Validation of Agent’s reports
using other sources.

2. 3.

Step 2: Conduct Document Exploitation as follows: 1. 2. 3. 4. Investigation Reports

Rogues Gallery Modus Operandi File Transmittals to Prosecutor’s Office a) b) c)
Booking Sheets Sworn Statements Coordinations with Government/Non-government
Offices

Step 3: Identification of Target Personalities by 1. Preparation Witnesses; of

Affidavits of Complaining Victims and

2. 3.

Gathering of suspects’ photographs from Rogues Gallery. Preparation of Artist’s

victims/witnesses accounts. Sketch of Suspect from

Step 4: Case Build-up 1. 2. 3. Through gathering of information about previous

cases; Gathering of information about current/ongoing cases; Determination, record
check on standing warrants of arrest.

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Step 5: Negation Phase/Counter-action 1. The Team Leader shall prepare and submit
Pre-Operations Clearance to the Operations and Management Division (OMD); The Duty
Desk Officer shall record in the Police Blotter the Dispatch of Personnel stating
therein the Time, Date and Place of Operation (TDPO), the name of personnel, and
type of vehicle/s, involved; In addition, the Team Leader shall likewise prepare
and submit Coordination Form to Local Police Units indicating therein the name of
Team Leader, names of personnel involved, type of vehicle used and the duration and
area of operation; A briefing shall be conducted by the Team Leader prior to
dispatch.

2.

3.

4.

c. When police operations result in arrest of suspects 1. The Operating Team shall
bring the arrested person/s, together with the evidence/s confiscated, without
delay to the Office for disposition; Desk Officer to conduct frisking of suspects
to search for any other hidden weapons; Desk Officer to likewise get personal
details/identification of suspect/s (names, age, occupation, civil status, address,
next of kin, etc.) and other personal circumstances; Upon completion of the
foregoing, the Duty Desk Officer shall turn-over the suspect and evidence to the
Investigation Section for disposition. However, when operations yield negative
result, the Team Leader shall submit a written report addressed to SMD stating
therein the facts and circumstances surrounding the said results.

2.

3.

4.

5.

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d.

Investigation Section 1. The Investigator-On-Case shall conduct the routine

procedures (mug shot, fingerprint, medical check, record check, tactical
interrogation, etc.) He shall likewise prepare Affidavits of victims/witnesses. In
addition he must prepare a Complaint Sheet for referral to the Prosecutor’s Office.
Finally, the Investigator-on-Case shall prepare all the necessary reports (Spot
Report, Progress Report, AfterOperation Report, Investigation Report, etc.).

2. 3.

4.

e. Follow-Up Section 1. A Follow-up Team shall conduct follow-up operation based on

the results of the Preliminary Investigation conducted; The Follow-up Team Leader
shall ensure that all leads are explored. The Team Leader must ensure that all
additional evidences gathered are processed and evaluated; Linkages to other crimes
are examined

2.

3.

4.

Profiling – overall examination of case to get distinct leads Method of Operation

(MO) – habitual method or procedure; e.g. terrorist group’s specific method of
operation or function. This is Important for linking with other cases. Intelligence
process – This is another method of linking cases together. f. When police
operations result in injuries or death 1. Immediate evacuation of injured shall be
made to the nearest hospital; In case of death and, if possible, depending on the
availability of an Inquest Prosecutor, an inquest-on-site shall be made.

2.

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3.

The Team Leader shall designate an investigator-on-case who shall be assisted by

the SOCO to process the crime scene; The Team Leader shall prepare Complaint Sheet
and Transmit to Prosecutor’s Office/DOJ without delay. When an Officer is injured
or killed in action, the Chief of Office takes the responsibility of informing the
personnel\s family and facilitates compliance with all necessary requisites for
proper handling of the personnel’s hospitalization and other needs.

4.

5.

“Wisdom is better than weapons of war, but one sinner destroyeth much good.”
(Ecclesiates 9:18)
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CHAPTER VII SELECTED SUPREME COURT RULINGS AND JURISPRUDENCE

7.1

PROBABLE CAUSE Webb v De Leon, G.R. # 121234, August 23, 1995 (63 SCAD 917)

Unlike proof of probable cause for a warrant of arrest, probable cause for search
warrant for things need not point to specific offender. 20th Century Fox Films v
Court of Appeals, 55 SCAD 864; SCRA 367 (1994) In application for a search warrant
for contraband video tapes, the presentation of the master tapes of copyrighted
films from which copies are alleged to have been made is essential, “x x x the
court cannot presume that duplicate or copied tapes were necessarily reproduced
from the tapes that (the complainant) owns.”

7.2

PARTICULARITY OF DESCRIPTION Columbia Pictures v Flores G.R. #L-78631, June 29,

1993; (42 SCAD 764)

A 1993 case offers another example of an insufficient description during the

conduct of a search: “television sets, video cassettes recorders, rewinders, tape
head cleaners, accessories, equipment and other machines used or intended to be
used in the unlawful reproduction, sale, rental/lease, distribution of the above-
mentioned video tapes which she is keeping and concealing in the premises above-
described.”

7.3

WARRANTLESS ARREST UNDER RULE 112 Espiritu v Lim G.R. #85727, October 3, 1991 (see
also dissent)

For the arrest of one in flagrante delicto to be valid under Rule 112, Section
5(a), the law tilts in favor of authority. Thus, speech which in an officer’s
estimation is criminally seditious can justify warrantless arrest in flagrante
delicto even if upon prosecution the officer is proved wrong. The criminal
character of speech is something that is not easily determined and must await court
estimation. People v Mengote G.R. 87059, June 22, 1992 What the surveillance team
of people saw were two men “looking from side to side,” and one of them holding his
abdomen. When approached, the two men ran away but were caught. When searched, they
yielded a .38 caliber Smith and Wesson
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revolver to the police who used it as evidence in a prosecution for possession of

an unlicensed firearm. The court ruled the evidence inadmissible saying that no
offense was involved in “looking from side to side” and holding the abdomen.
Regarding Section 5(b), it is not enough that there is reasonable ground to believe
that the person has committed a crime. Go v Court of Appeals, 206 SCRA 138, 150
(1992). A crime must in fact or actually have been committed first. That a crime
has been committed is an essential precondition. The arresting officer must have
personal knowledge of the commission of the crime. Thus, a police officer who
learns about the recent commission of the crime merely from a report does not
possess the “personal knowledge” needed to justify a warrantless arrest. People v
Manlulu, 50 SCAD 71; 231 SCRA 701 (1994). See also People v Rodriguez, 205 SCRA
791, 796-797 (1992) and People v Enrile, 41 SCAD 767, 222 SCRA 586 (1993) Moreover,
an arrest made nineteen hours after the offense has been committed cannot be of one
whose crime “in fact just been committed.”

7.4.

EXCLUSIONARY RULE Ramirez v Court of Appeals 25 G.R. #93833, September 28, 1995

This case was a conviction under Section 3 of RA 4200, the Anti-Wiretapping Law for
a tape recording of a private conversation in an office. The evidence was excluded
but the constitutional aspect was not touched.

7.5.

PERSON PROTECTED Navallo v Sandiganbayan, 53 SCAD 294; 234 SCRA 175 (1994)

The rights enumerated are not available before police investigators undergoing
audit because an audit examiner is not a law enforcement officer.

People v Taylaran, 108 SCRA 373, 378-9 (1981) These rights are also not available
in a situation where a person, not under investigation, presents himself to the
police and in the process makes his admissions.

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People v Caguioa 95 SCRA 29 1980 The accepted rule, moreover, following Escobedo
and Miranda, was from the start, that the rule covered only situations when the
person was already in custody, for which reasons Escobedo had referred to them as
right under custodial investigation. Significantly, however, the Court, in Galman v
Pamaran 138 SCRA 294, August 30, 1985 departed from this rule. The Court sustained
the contention of General Ver that the provision covered even persons not yet in
custody but already under investigation because the 1973 text did not speak of
“custodial” investigation. The text in the 1987 Constitution has preserved the
phrase “person under investigation” without the word “custodial.” Moreover, the
discussions on the floor of the 1986 Constitutional Commission manifest intent, in
the light of experience during martial law, to expand the coverage of the right to
situation when a person is not yet in custody but is already a suspect.
Jurisprudence under the 1987 Constitution, however, has consistently held,
following Escobedo, the stricter view, that the rights begin to be available only
when the person is already in custody. As Justice Regalado emphasized in People v
Marra 55 SCAD 418; 236 SCRA 565, 573 (1994): Custodial investigation involves any
questioning initiated by law enforcement officers after a person has been taken
into custody or otherwise deprived of his freedom of action in any significant way.
It is only after the investigation ceases to be a general inquiry into an unsolved
crime and begins to focus on a particular suspect, the suspect is taken into
custody, and the police carry out a process of interrogations that lends itself to
eliciting incriminating statements that the rule begins to operate. In an obiter
and writing for a division in People v Maqueda G.R. # 112983, March 22, 1995 (59
SCAD 794), Justice Davide, who like Justice Regalado was a member of the 1986
Constitutional Commission, adverted to the view in the Constitutional Commission
that the rights are available even to one who is not yet in custody. There are,
however, investigatory situations where Section 12 (1) does not apply. Subjection
to paraffin test is one because it does not ask for communicative action or
testimonial compulsion. 59 (People v Gamboa G.R. # 91374, February 25, 1991).
Similarly, one placed in a police line-up does not enjoy Section 12 (1) rights.
Unless there is a move on the part of investigators to elicit admissions or
confessions.” 60 (People v Frago, 51 SCAD 497, 232 SCRA 653 1994; People v 1992;
People v Casinilio, 213 SCRA 777 1992; Gamboa v Judge Cruz, 162 SCRA 642 1988), but
see dissent of Chief Justice Yap and Justice Sarmiento). But a person already under
custodial investigation who is place in a police line-up is entitled to Section 12
rights.” 61(People v Macam, 56 SCAD 737, 238 SCRA 566 1994).
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7.6

RIGHT TO COUNSEL

The specification of the duty of the state to furnish the detainee with counsel is
meant to put emphasis on the duty of the state. Jurisprudence on this subject,
however, has been on the side of erratic. Thus, for instance, where an
extrajudicial confession was made in the absence of counsel but where at the
closing stage of the interrogation counsel arrived and has the opportunity to read
the statement and discuss it with the client who subsequently signed it, the Court
said that there had been substantial compliance.” 62 (Estacio v Sandiganbayan, G.R.
# 75362, March 6, 1990). This however, and a similar case.” 63 (People v Rous G.R.
# 103803-04, March 27, 1995 60 SCAD 46). Was corrected in People v Lucero.”
64(G.R.# 97936, May 29, 1995 (61 SCAD 410). Also, People v de Jesus, G.R. # 91535,
September 2, 1992 and People v Bandula, 51 SCAD 416, 232 SCRA 566, 1994). Where in
the same middle of the investigation the lawyer had left to attend a wake, came
back when the accused had already signed his statement and affirmed that he did it
voluntarily. The Court ruled that a right to counsel was a right to effective
counsel from the moment of questioning and all throughout.

7.7

COERCED CONFESSION OR ADMISSIONS

Justice Narvasa was referring to the same matter when he said that Section 12 (1)
does not apply to persons under preliminary investigation or already charged in
Court for a crime.” 66 (People v Ayzon, 175 SCRA 216, 232 (1989). In People v
Maqueda, GR# 112983, March 22, 1995, 59 SCAD 794, another division consideration
the view too restrictive and, relying on the generous rule in Pamaran and Morales v
Enrile (121 SCRA at 554) said that the right exist at anytime before arraignment.
The Maqueda argumentation, however, is not persuasive. For these were already under
supervision of a court. Conceivably, however, even after charges are filed, the
police might still attempt to extract confessions or admissions from the accused
outside or judicial supervision. In such situation, Section 12(1) would still
apply. But outside of such situation, the applicable provisions are Section 14 and
Section 17. It is for this reasons that an extrajudicial confession sworn to before
a judge even without assistance of counsel enjoys the mark of voluntariness.” 67
(People v Pamon, 217 SCRA 501 (1993); People v Baello, 43 SCAD 32, 224 SCRA 218
(1993); People v Parajinog 203 SCRA 673 (1993) People v Marcos, 147 SCRA (1987).
The 1987 text covers, both “confessions” and “admissions” the difference between
confession and admission is found in Rule 130 of the Rules of Court. Admission is
the “Act, declaration of omission of party as to a relevant fact” (Rule 130,
Section 26) whereas confession is the “declaration of an accused acknowledging his
guild of the offense charge, or of any offense necessarily included therein.” (Rule
130, Section 33).
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Confession or admissions covered by the provision, however, need not be explicit;

they can be merely implicit in any evidence that is communicative in nature. Thus,
the signature of an accused on a receipt for seized property.” 68 (People v de
Guzman, GR# 86172, March 4, 1991; People v de las Marinas, GR # 87215, April 30,
1991; People v Bandin, 44 SCAD 684, September 10, 1993) or marijuana cigarettes
where the accused wrote his name,” 69 (People v Enriquez, Jr., GR # 90738, December
8, 1991”. But where an accused is not being prosecuted for possession of marked
bills, there is no self-incrimination if the marked bills are presented. People v
Linsangan, (GR# 88589, April 16, 199) is not admissible of guild but only of the
fact or booking and arrest.” 70 (People v Bandin, 44 SCAD 684, September 10, 1993).
Against whom are illegal confessions and admissions inadmissible? The text makes
them inadmissible “against him”, that is, against the source of the confession of
admission. And it is alone who can ask for exclusion”. 71 (People v Balisteros, 56
SCAD 1215, 237 SCRA 499 1994). They are, however, admissible against the person
violating the constitutional prohibition”. 72 (Session of November 27, 1972, 1972
Constitutional Convention.) to the extent that admissibility is allowed by the
ordinary rules on evidences.” 73 (I RECORD OF 1986 CONSTITUTIONAL COMMISSION
6856,734-6.)

7.8

RIGHT TO BAIL

The person claiming the right must be under actual detention or custody of the law.
One is under the custody of the law either when he has been arrested or has
surrendered himself to the jurisdiction of the court, as in the case where through
counsel petitioner for bail who was confined in a hospital communicated her
submission to the jurisdiction of the court.” 74 (Paderanga v Court of Appeals, GR
# 115407, August 28, 1995). A distinction must be made between the penalty of “life
imprisonment” and reclusion perpetua. (1) Life imprisonment is a penalty in special
laws while reclusion perpetua is imposed by the Revised Penal Code; (2) Life
imprisonment does not carry accessory penalties, whereas reclusion perpetua does;
(3) life imprisonment is indefinite, whereas reclusion perpetua is for 30 years
after which the convict is eligible for pardon. The distinction is important
because under the 1985 Rules of Criminal Procedure a person charged with an offense
punishable by “life imprisonment” was entitled to bail as a matter of right.
However, effective October 1, 1994, Rule 114 was amended placing “life
imprisonment” on the same level as death and reclusion perpetua.” 75 (Cardines v
Rosete, 59 SCAD 788, 242 SCRA 557, 562, 1995).

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7.9

WARRANTLESS ARRESTS

(Sec 5, Rule 113, Rules of Court). A peace officer or even a private person may
effect an arrest without a warrant: a. When the person to be arrested has
committed, is actually committing, or is attempting to commit an offense in his
presence. 1. In UMIL v RAMOS, 187 SCRA 311, the Supreme Court held that rebellion
is a continuing offense. Accordingly, a rebel may be arrested at any time, with or
without a warrant, as he is deemed to be in the act of committing the offense at
any time of day or night. See also the Resolution on Motion for Reconsideration in
Umil v Ramos, 202 SCRA 251. In PEOPLE v SUCRO, 195 SCRA 388, it was held that when
a police officer sees the offense, although at a distance, or hears the
disturbances created thereby, and proceeds at once to the scene thereof, he may
effect an arrest without a warrant. The offense is deemed committed in the presence
of within the view of the officer. In PEOPLE v RODRIGUEZ, 205 SCRA 791, the police
officer, acting as a poseur-buyer in a “buy-bust operation”, instead of arresting
the suspect and taking him into custody after the sale, returned to headquarters
and filed a report on his purchase. It was only in the evening of the same day that
the police officer, without a warrant, arrested the suspect at the latter’s house
where dried marijuana leaves were found and confiscated. The Supreme Court ruled
that both arrest and seizure of the marijuana were unlawful. (People v Enrile 222
SCRA 586). The discovery of marked money on the person of the accused did not mean
that he was caught in the act of selling marijuana. The marked money was not
prohibited per se. Even if it were, the fact alone would not retroactively validate
the warrantless search and seizure (People v Enrile 222 SCRA 586).

2.

3.

4.

b. When an offense had just been committed and he has personal knowledge of facts
indicating that the person to be arrested has committed it; 1. In Go v Court of
Appeals, 206 SCRA 138, six days after the shooting as petitioner presented himself
before the San Juan
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Police Station to verify news reports that he was being hunted, the police detained
him because an eyewitness had positively identified him as the gunman who shot
Maguan. The Court held that there was no valid arrest; it cannot be considered as
within the meaning of “the offense had just been committed” inasmuch as six days
had already elapsed; either did the policemen have personal knowledge of facts that
Go shot Maguan. 2. But in People v Gerente, 219 SCRA 756, where the policemen saw
the victim dead at the hospital and when they inspected the crime scene, they found
the instruments of death and the eyewitnesses reported the happening and pointed to
Gerente as one of the killers, the warrantless arrest of Gerente only three hours
after the killing was held valid, since the policemen had personal knowledge of the
violent death of the victim and of the facts indicating that Gerente and two others
had killed the victim. Further, the search of Gerente’s person and the seizure of
the marijuana leaves were valid as an incident to a lawful arrest.

c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another. d. Add: When the right is voluntarily waived. 1. The
posting of a bail constitutes a waiver of any irregularity attending the arrest.
(Callanta v Villanueva 77 SCRA 377; Bagcal v Villaranza, SCRA 525). Appellant is
stopped from questioning the illegality of his arrest when he voluntarily submits
himself to the jurisdiction of the court by entering a plea of not guilty and by
participating in the trial (PEOPLE v DE GUZMAN, 224 SCRA 93, PEOPLE V LOPEZ, 245
SCRA 95). The illegality of the arrest is cured when the accused files a petition
for bail (PEOPLE v DURAL, 223 SCRA 207).

2.

7.10

WARRANTLESS SEARCHES a. When the right is voluntary waived.

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1.

Note that for the valid waiver of a constitutional right, it must appear first that
the right exists; secondly, and that the person involved had knowledge, either
actual or constructive of the existence of such right; and thirdly, that the said
person had an actual intention to relinquish the right (De Gracia v Locsin, 65 Phil
689). In People v Omawing, 213 SCRA 462, the accused, driving a vehicle, was
stopped at a checkpoint, and when the vehicle was inspected, the soldiers asked
permission to see the contents of a bag which was partially covered by a spare
tire. The accused consented, and upon inspection, the bag was found to contain
marijuana. The court rule that there was valid waiver. But in ANIAG v. COMELEC, 237
SCRA 424, the Supreme Court said that, in the face of 14 armed policemen conducting
the operation, driver Arellano, being alone and a mere employee of the petitioner,
could not have marshaled the strength and the courage to prest against the
extensive search conducted on the vehicle. “Consent” given under intimidating or
coercive circumstances is not consent within the purview of the constitutional
guarantee. In PEOPLE v. EXALA, 221 SCRA 494, the right was deemed waived because
the accused did not object to the admissibility of the evidence during the trial,
and the submissive stance after the discovery of the bag and the absence of any
protest which thus confirmed their acquiescence. There was also a valid arrest
because it was effected upon the discovery of the prohibited drug in the possession
of the accused. In PEOPLE v. RAMOS, 222 SCRA 557, the Supreme Court said that the
evidence for the prosecution clearly disclosed that Ramos voluntarily allowed
himself to be frisked, and that he gave the gun to the police voluntarily; thus,
there was a valid waiver. See also PEOPLE v. FERNANDEZ, 239 SCRA 174. However, in
PEOPLE v. BARROS, 231 SCRA 557, the silence of the accused during the warrantless
search was not construed as consent. Rather, it was a “demonstration of regard for
the supremacy of the law.” In this case , the warrantless search was declared
invalid, because there was no showing of any circumstances which constituted
probable cause for the peace officers to search the carton. Neither did
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3.

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5.

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the peace officers receive any information or “tip-off” from an informer. They also
did not contend that they detected the odor of dried marijuana. 7. In VEROY v.
JUDGE LAYAGUE, 210 SCRA 97, it was held that where permission to enter a residence
is given to search for rebels, it is illegal to search the rooms therein and seize
firearms without a search warrant. In PEOPLE v. DAMASO, 212 SCRA 457, PC officers
sent to verify the presence of CPP/NPA members in Dagupan City, reached a house
suspected to be rented by a rebel. Outside the house, they saw one Luz Tanciangco
(who turned out to be a helper of the accused). The PC officers told Luz that they
already knew that she was a member of the NPA, and requested that they be allowed
to look around. Luz consented. Inside the house, the team found subversive
materials and firearms, which Luz identified as belonging to the accused. The Court
held that the constitutional rights against unreasonable searches and seizures,
being a personal one, cannot be waived by anyone except the person whose rights are
invaded, or one who is expressly authorized to do so in his behalf. Here, there was
no evidence that the accused had given Luz authority to open his house in his
absence. Thus, the search and seizure were illegal. But in LOPEZ v. COMMISSIONER OF
CUSTOMS, 68 SCRA 320, there was deemed to be valid waiver where, upon a warrantless
search of a hotel room, consent and voluntary surrender of papers belonging to the
registered but absent occupant was given by a woman identified as the wife of the
occupant but who in fact was a “mere manicurist”.

8.

9.

b. As an incident to a lawful arrest, provided that the search is made

contemporaneous to the arrest and within a permissible area of search. 1. Sec. 12,
Rule 126, as clarified in the 1985 Revised Rules on Criminal Procedure provides
that “a person lawfully arrested may be searched for dangerous weapons or anything
which may be used as proof of the “commission of an offense, without a search
warrant.” The warrantless search and seizure, an incident to a lawful arrest, may
extend beyond the person of the one arrested to include the premises or
surroundings under his immediate control. Object in the “plain view” of an officer
who has the
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right to be in the position to have the view are subject to seizure and may be
presented as evidence. But the “plain view” doctrine may not be used to launch
unbridled searches and indiscriminate seizures, nor to extend to a general
exploratory search made solely to find evidence of defendant’s guilt. The “plain
view” doctrine is usually applied where a police officer is not searching for
evidence against the accused, but nonetheless inadvertently comes upon an
incriminating object (People v Musa, 217 SCRA 597). 3. In POSADAS v. COURT OF
APPEALS, 188 SCRA 288, the Court upheld the validity of a search made by police
officers on one who confronted by the police because “he was acting suspiciously”,
ran away. But in PEOPLE v RODRIGUEZ, 232 SCRA 498, the arrest and consequently
search of the accused, simply because “he was acting suspiciously” was held
invalid. In PEOPLE v TANGLIBEN, 184 220, where two policemen on surveillance, after
receiving a tip from an informer, noticed a person carrying a red bag acting
suspiciously, then confronted the person and found inside the bag marijuana leaves,
the Supreme Court held that the seizure was valid, as “an incident to a lawful
arrest”. The court said that the matter presented urgency; when the informer
pointed to the accused as one who was carrying marijuana, the police officers,
faced with such on-the-spot information, had to act quickly. There was enough time
to secure a search warrant. In PEOPLE vs MALSMTEDT, 198 SCRA 401, where, soldiers
manning a checkpoint (set up because or persistent report that vehicles were
transporting marijuana and other prohibited drugs) noticed a bulge on the accused’s
waist and the pouch bag was found to contain hashish, the search was deemed valid
as an incident to a lawful arrest (as the accused was then transporting prohibited
drugs) – and there was sufficient probable cause for the said officers to believe
that the accused was then and there committing a crime. In PEOPLE v CATAN, 205 SCRA
235, where a “buy-bust operation” was made at the house of the accused, and
immediately after the purchase, the accused was arrested and a search made of the
premises, the Court ruled that the search was validly made. Contemporaneous to the
arrest. (NOTE: Possession of marijuana is absorbed in the sale of marijuana only
with respect to the marijuana delivered to the buyer, not to marijuana found in the
seller’s possession which
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are not subject of the sale and which are probably intended for some other
purpose). 6. In PITA v COURT OF APPEALS, 178 SCRA 362, it was held that the
respondents had not shown the required proof to justify a ban and to warrant
confiscation of the magazines; they were not possessed of a lawful court order (i)
finding the materials to be pornographic and (ii) authorizing them to carry out a
search and seizure. To justify a warrantless search as an incident to a lawful
arrest, the arrest must be on account of a crime having been committed. Here, no
party has been charged, nor are any charges being pressed against any party. The
Supreme Court outlines the procedure to be followed, thus: a criminal charges must
be brought against the person/ for purveying the pornographic materials; an
application for a search and seizure warrant obtained from the judge (who shall
determine the existence of probable cause before issuing such warrant); the
materials confiscated brought to court in the prosecution of the accused for the
crime charges; the court will determine whether the confiscated items are really
pornographic, and the judgment of acquittal or conviction rendered by the court
accordingly. In PEOPLE v SUCRO, 195 SCRA 388, the Supreme Court held that a
warrantless search and seizure can be effected without necessarily being preceded
by an arrest, provided that the same is effected on the basis of probable cause.
While it is conceded that in a buy-bust operation, there is seizure of evidence
from one’s person without a search warrant, inasmuch as the search is an incident
to a lawful arrest, there is no necessity for a search warrant (People v Dela Cruz,
184 SCRA 416). Thus, in a “buy-bust” operation, when he was frisked by operatives
who found marked money which was used to buy two sticks of marijuana cigarettes and
17 more marijuana cigarettes, the search was deemed valid as an incident to a
lawful arrest. Likewise, in People v Musa, supra., it was held that in a buy-bust
operation, the law enforcement agents may seize the marked money found on the
person of the pusher immediately after the arrest, even without an arrest or search
warrant. However, in People v Zapanta, 195 SCRA 200, where, as an incident to a
“buy-bust” entrapment operation, a raid of the house under the mat, the Supreme
Court said that apart form the uncertainty among the witnesses as to how many
marijuana cigarettes, if any, were found in Zapanta’s possession during the raid,
the search was
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made without a warrant, therefore, the marijuana cigarettes seized in such raid
were inadmissible in evidence. 9. In VALDEZ v PEOPLE, 538 SCRA 611, the legality of
an arrest affects only the jurisdiction of the court over the person his
warrantless arrest cannot, in itself, be the basis of his acquittal. At the outset,
we observe that nowhere in the records can we find any objection by petitioner to
the irregularity of his arrest before his arraignment. Considering this and his
active participation in the trial of the case, jurisprudence dictates that
petitioner is deemed to have submitted to the jurisdiction of the trial court,
thereby curing any defect in his arrest. The legality of an arrest affects only the
jurisdiction of the court over his person. Petitioner’s warrantless arrest
therefore cannot, in itself, be the basis of his acquittal.

10. PEOPLE v. NAVARRO, 535 SCRA 645, since appellant was arrested in flagrante
delicto while selling a sachet of shabu to the poseur-buyer, his arrest without
warrant was legal. On the warrantless search on appellant’s body during which he
was found to be in possession of a sachet of shabu, the same was legal too, it
having been done during a lawful arrest. c. Searches of vessels and aircraft for
violation of immigration and customs laws. 1. A fishing vessel found to be
violating fishery laws may be seized without a warrant on two grounds: firstly,
because they are usually equipped with powerful motors that enable them to elude
pursuit, and secondly, because the seizure would be an incident to a lawful arrest.
( Roldan v Arca, 65 SCRA 361). In People v Aminnudin, 163 SCRA 402, where the
accused was searched and arrested upon disembarkation from a passenger vessel, the
Court held that there was no urgency to effect a warrantless search, as it is clear
that the Philippine Constabulary had at least two days (from the time they received
the tip until the arrival of the vessel) within which they could have obtained a
warrant to search and arrest the accused. Yet, they did nothing; no effort was made
to comply with the law. The situation in People v Saycon, 236 SCRA 325, is
different, because the NARCOM agents received the “tip” in the early morning of
July 8, 1992, and the boat on which the accused
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boarded was due to arrive at 6:00 am on the same day. Furthermore, there was
probable cause consisting of two parts: firstly, the agents conducted a “buy-bust”
operation; and secondly, they received confidential information that the boat was
due to leave soon. d. Searches of automobiles at borders or “constructive” borders
for violation of immigration or smuggling laws. 1. Warrantless search of vehicles
made within interior of territory justified only if there is probable cause, See:
Papa v Mago, 22 SCRA 857; People v CFI of Rizal, 101 SCRA 86. In People v Balingan
241 SCRA 277, the search and seizure of the luggage of a passenger in a bus after
the team had tailed the bus for 15 to 20 minutes (because of a tip received by the
team) was held to be valid. This reiterates the ruling of People v Lo Ho Wing, 193
SCRA 122, where the Court gave approval to a warrantless search done on a taxicab
which eventually yielded shabu. In Valmonte v De Villa, 178 SCRA 211, the Supreme
Court upheld the validity of “checkpoints”. To enable the NCRDC to pursue its
mission of establishing effective territorial defense and maintaining peace and
order for the benefit of the public. In its resolution on the motion for
reconsideration (185 SCRA 665), the Supreme Court stressed that the warrantless
search is not violative of the Constitutional for as long as the inspection is
limited to a visual search, and neither the vehicle itself nor the occupants are
subjected to a search. An extensive search is allowed only if the officers
conducting the search had probable cause to believe before the search that either
the motorist was a law offender or that they would find evidence pertaining to the
commission of a crime in the vehicle to be searched. This is reiterated in Aniag v
Comelec, supra. In Bagalihog v Fernandez, 198 SCRA 615, where respondent Roxas
confiscated and impounded petitioner’s motorcycle which was believed one of the
vehicles used by the killers of Rep. Moises Espinosa, the Supreme Court ruled that
the confiscated, without warrant, was unlawful. The constitutional provision
protects not only those who appears to be innocent but also those who appear to be
guilty but are nevertheless presumed innocent until the contrary is proved. The
necessity for the immediate seizure of the motorcycle had not been

2.

3.

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established, either can the vehicle be detained on the ground that it is a

prohibited article. e. Inspection of buildings and other premises for the
enforcement of fire, sanitary and building regulations. (But see Camara v Municipal
Court, 387 U.S. 523, where the U.S. Supreme Court reversed the conviction of a
person who refused a warrantless entry into his residence by municipal officers who
wanted to make a routine annual inspection of premises for possible violations of
the San Francisco House Code.) f. Where prohibited articles are in plain view “open
to eye and hand,” they may be seized even without warrant. See: Chia v Acting
Collector of Customs, 177 SCRA, and as clarified in People v Musa, 217 SCRA 597 g.
In Guazon v De Villa, 181 SCRA 623, the Supreme Court upheld, as a valid exercise
of the military powers of the President, the conduct of “aerial target zoning” or
“saturation drive/s”. (NOTE: In this case, the validity of the search was not
directly questioned; what was raised in issued was the alleged abuse/s committed by
the military who conducted the “saturation drives” in the absence of complaints and
complaints against specific actions, no prohibition could be issued. However, the
Court temporarily restrained the alleged banging of walls, kicking of doors,
herding of half-naked men for examination of tattoo marks, the violation of
residence, even if these are humble shanties of squatters and the other alleged
acts which are shocking to the conscience. The Supreme Court remanded the case to
the trial court for reception of evidence on the alleged abuses. h. In People v De
Garcia, 233 SCRA 716, considering the circumstances obtaining at the time of the
raid of Eurocar Sales Office at the height of the December 1989 coup d’ etat.
Military operatives had reasonable ground to believe that a crime was being
committed, and they had no opportunity to apply for a search warrant from the
courts as the latter were closed. Under such urgency and exigency, a search warrant
could lawfully be dispensed with. i. Quelnan v People 526 SCRA 653, nowhere in
Section 4, Rule 126 or any other provision of the Revised Rules of Criminal
Procedure is it required that the search warrant must name the person who occupies
the described premises. – Nowhere in said rule or any other provision in the
Revised Rules of Criminal Procedure is it required that the search warrant must
name the person who occupies the described premises. In Uy v Bureau of Internal
Revenue, 344 SCRA 36 (2000), the Court has definitively ruled that where the search
warrant is issued for the search of specifically described premises only and not
for the search of a person, the failure to name the owner or occupant of such
property in the affidavit and search warrant does not invalidate the warrant; and
where the name of the owner of the premises sought to be searched is incorrectly
inserted in the search warrant, it is not a fatal defect if the legal description
of the
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premises to be searched is otherwise correct so that no discretion is left to the

officer making the search as to the place to be searched. 1. Sec. 12, Rule 126, as
clarified in the 1985 Revised Rules on Criminal Procedure provides that “a person
lawfully arrested may be searched for dangerous weapons or anything which may be
used as proof of the “commission of an offense, without a search warrant.” The
warrantless search and seizure, an incident to a lawful arrest, may extend beyond
the person of the one arrested to include the premises or surroundings under his
immediate control. Object in the “plain view” of an officer who has the right to be
in the position to have the view are subject to seizure and may be presented as
evidence. But the “plain view” doctrine may not be used to launch unbridled
searches and indiscriminate seizures, nor to extend to a general exploratory search
made solely to find evidence of defendant’s guilt. The “plain view” doctrine is
usually applied where a police officer is not searching for evidence against the
accused, but nonetheless inadvertently comes upon an incriminating object. (People
v Musa, 217 SCRA 597). In POSADAS v. COURT OF APPEALS, 188 SCRA 288, the Court
upheld the validity of a search made by police officers on one who confronted by
the police because “he was acting suspiciously”, ran away. But in PEOPLE v
RODRIGUEZ, 232 SCRA 498, the arrest and consequently search of the accused, simply
because “he was acting suspiciously” was held invalid. In PEOPLE v TANGLIBEN, 184
220, where two policemen on surveillance, after receiving a tip from an informer,
noticed a person carrying a red bag acting suspiciously, then confronted the person
and found inside the bag marijuana leaves, the Supreme Court held that the seizure
was valid, as “an incident to a lawful arrest”. The court said that the matter
presented urgency; when the informer pointed to the accused as one who was carrying
marijuana, the police officers, faced with such on-the-spot information, had to act
quickly. There was enough time to secure a search warrant. In PEOPLE vs MALSMTEDT,
198 SCRA 401, where, soldiers manning a checkpoint (set up because or persistent
report that vehicles were transporting marijuana and other prohibited drugs)
noticed a bulge on the accused’s waist and the pouch bag was found to contain
hashish, the search was deemed valid as an
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incident to a lawful arrest (as the accused was then transporting prohibited drugs)
– and there was sufficient probable cause for the said officers to believe that the
accused was then and there committing a crime. 5. In PEOPLE v CATAN, 205 SCRA 235,
where a “buy-bust operation was made at the house of the accused, and immediately
after the purchase, the accused was arrested and a search made of the premises, the
Court ruled that the search was validly made. Contemporaneous to the arrest. (NOTE:
Possession of marijuana is absorbed in the sale of marijuana only with respect to
the marijuana delivered to the buyer, not to marijuana found in the seller’s
possession which are not subject of the sale and which are probably intended for
some other purpose). In PITA v COURT OF APPEALS, 178 SCRA 362, it was held that the
respondents had not shown the required proof to justify a ban and to warrant
confiscation of the magazines; they were not possessed of a lawful court order (i)
finding the materials to be pornographic and (ii) authorizing them to carry out a
search and seizure. To justify a warrantless search as an incident to a lawful
arrest, the arrest must be on account of a crime having been committed. Here, no
party has been charged, nor are any charges being pressed against any party. The
Supreme Court outlines the procedure to be followed, thus: a criminal charges must
be brought against the person/ for purveying the pornographic materials; an
application for a search and seizure warrant obtained from the judge (who shall
determine the existence of probable cause before issuing such warrant); the
materials confiscated brought to court in the prosecution of the accused for the
crime charges; the court will determine whether the confiscated items are really
pornographic, and the judgment of acquittal or conviction rendered by the court
accordingly. In PEOPLE v SUCRO, 195 SCRA 388, the Supreme Court held that a
warrantless search and seizure can be effected without necessarily being preceded
by an arrest, provided that the same is effected on the basis of probable cause.
While it is conceded that in a buy-bust operation, there is seizure of evidence
from one’s person without a search warrant, inasmuch as the search is an incident
to a lawful arrest, there is no necessity for a search warrant (People v Dela Cruz,
184 SCRA 416). Thus, in a “buy-bust” operation,
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6.

7.

8.
PNP Criminal Investigation Manual

2010

was frisked by operatives who found marked money which was used to buy two sticks
of marijuana cigarettes and 17 more marijuana cigarettes, the search was deemed
valid as an incident to a lawful arrest. Likewise, in People v Musa, supra, it was
held that in a buy-bust operation, the law enforcement agents may seize the marked
money found on the person of the pusher immediately after the arrest, even without
an arrest or search warrant. However, in People v Zapanta, 195 SCRA 200, where, as
an incident to a “buy-bust” entrapment operation, a raid of the house under the
mat, the Supreme Court said that apart form the uncertainty among the witnesses as
to how many marijuana cigarettes, if any, were found in Zapanta’s possession during
the raid, the search was made without a warrant, therefore, the marijuana
cigarettes seized in such raid were inadmissible in evidence. 9. In VALDEZ v
PEOPLE, 538 SCRA 611, the legality of an arrest affects only the jurisdiction of
the court over the person his warrantless arrest cannot, in itself, be the basis of
his acquittal. At the outset, we observe that nowhere in the records can we find
any objection by petitioner to the irregularity of his arrest before his
arraignment. Considering this and his active participation in the trial of the
case, jurisprudence dictates that petitioner is deemed to have submitted to the
jurisdiction of the trial court, thereby curing any defect in his arrest. The
legality of an arrest affects only the jurisdiction of the court over his person.
Petitioner’s warrantless arrest therefore cannot, in itself, be the basis of his
acquittal.

10. PEOPLE v. NAVARRO, 535 SCRA 645, since appellant was arrested in flagrante
delicto while selling a sachet of shabu to the poseur-buyer, his arrest without
warrant was legal. On the warrantless search on appellant’s body during which he
was found to be in possession of a sachet of shabu, the same was legal too, it
having been done during a lawful arrest.

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2010

CHAPTER 8 REPORT FORMATS AND FORMS

8.1

BASIC INVESTIGATION REPORTS

a. Spot Reports b. Progress Reports c. After Operation Reports d. Final Reports

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PNP Criminal Investigation Manual

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a.

Sample format of Spot Report

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_______________________________________ ___________________________

MEMORANDUM FOR FROM SUBJECT DATE 1. 2. 3. 4. 5. : : : : (Indicate briefly the

date/time, and place of occurrence) (Brief facts of the case) (Other Facts)
Requested/recommended actions from Hqs. Progress report will follow Spot Report

________________________

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b.

Sample format of Progress Report

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_______________________________________ ___________________________

MEMORANDUM FOR FROM SUBJECT DATE 1. 2. 3. 4. 5. 6. 7. : : : : Reference: (previous

related Memos) (Indicate briefly the date/time and place of occurrence) example
(Brief facts of the case) (Other Facts) Requested/recommended actions from Hqs.
Disposition/ Action Taken Final Report will follow Progress Report

_________________________

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PNP Criminal Investigation Manual

2010

c.

Sample format of After Operation Report

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_______________________________________ ___________________________

MEMORANDUM FOR FROM SUBJECT DATE I II III IV V VI : : : : Authority Mission Period

Covered Area of Operations Participating Elements Chronological Events a.
Background b. Intelligence Build-up c. Narrative account of operational activities
VII VIII Comments. Assessment. After Operation Report

______________________________
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PNP Criminal Investigation Manual

2010

d.

Sample Report for Final Report

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_______________________________________ ___________________________

MEMORANDUM FOR FROM SUBJECT DATE 1. 2. 3. 4. 5. 6. 7. 8. : : : : Reference:

(previous related Memos) (Indicated briefly the date/time, and place of occurrence)
Background/Brief facts of the case Sequence of Events Summary of Action
Recommendation/ Conclusion Disposition/findings For your information Final Report

_______________________________

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PNP Criminal Investigation Manual

2010

8.2

Investigation Formats a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t.
u. v. w. x. y. z. Case Referrals (Regular Filing and Inquest) Another Format of
Case Referral Complaint Sheet (Carnapping) Complaint Sheet (Other Crimes)
Investigation Report Sworn Statement (Question and Answer) Sworn Statement
(Narrative) Alarm (Carnapping Incident) Alarm (Missing Person) Advance Information
Crime Report Coordination Report Lifting of Alarm (Carnapping Incident) Turn-over
of Crime Scene Formats (First Responder to Investigator) Turn-over of Crime Scene
Formats (Investigator to SOCO) Technical Inspection Receipt/Inventory of Property
Seized Impounding Receipt Evidence Custodian Report Certification of Orderly Search
Compliance / Return of Search Warrants Booking and Arrest Report Explosive-Related
Incident Report Form (With Evidence Recovery Log/Custody Log) After
Hearing/Promulgation Report Detainees Report Case Folder Guide
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PNP Criminal Investigation Manual

2010

a.

Sample format of Case Referral (Regular Filing and Inquest)

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________ (DATE) The Honorable City Chief Prosecutor Office of
________ Prosecutor Justice Hall, _______ (Attn: Duty Inquest Prosecutor) Greetings
:

I have the honor to refer to your Office, the records of investigation relative to
the case of (crime), committed at about ______ of ________ at ______________.
COMPLAINANT : VICTIM : (Name, age, nationality, civil status and current address)
(Name, age, nationality, civil status and current address)

SUSPECT (ARRESTED/DETAINED) : (Name, age, nationality, civil status and current

address) EVIDENCE RECOVERED : FACTS OF THE CASE: Investigation disclosed....
ENCLOSURES a) b) c) d) e) f) g) g) i) j) k) : Subscribed NPS Investigative Data
Form SS of the complainant SS of witness SS of witness Joint Affidavit of Arrest of
Medico-Legal Report As stated evidence recovered Death Certificate of the Victim
Anatomical Sketch of the Victim Booking and Information of the suspect And others
to be presented later.

This case will be presented to you by (Name of Investigator-on-Case) of this Office

during the course of inquest proceedings. Further, request furnished this Office
copy of resolution of the case and other proceedings. For appropriate action and
disposition.

___________________________ Chief of Police

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2010

b.

Another Sample Format of Case Referral

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________ (Date) Hon. Chief, State Prosecutor Department of Justice,
Padre Faura, Manila Sir/Madam: Respectfully referred to your good office for
inquest proceedings are the herein record of investigation relative to a case for
Robbery committed as follows: VICTIMS/COMPLAINANTS: __________________ RESPONDENTS:
___________________________ WITNESSES: ______________________________ Date/Time and
Place of Occurrence: On _______ at about ________ along _________________.
Evidences: 1. Sworn Statement of Complainant/s 2. Sworn Statement of Witnesses 3.
Joint affidavit of Arresting Police Officers 4. Others to be presented later. FACTS
OF THE CASE: (Complete brief narrative of the facts) This case will be presented by
(name of investigator-on-case).

Very truly yours, __________________________ (CHIEF OF OFFICE)

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PNP Criminal Investigation Manual

2010

c.

Sample Format of Complaint Sheet (Carnapping Incident)

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

Date: _____________________ COMPLAINT SHEET Name of Suspects:

______________________________________________________________________ Last Known
Address: ______________________________________________________________________
Nature of Offense:
______________________________________________________________________ Place Where
Offense was Committed:
______________________________________________________________________ Date/Time
Offense was Committed:
______________________________________________________________________ Local Police
Office First Reported:
______________________________________________________________________ Date
Reported: ______________________________________________________________________
Witness: ______________________________________________________________________
Brief Statement of Complaint Sketch ___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________

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PNP Criminal Investigation Manual

2010

Description of the Motor Vehicle Make/Type Year Model Plate Number MV File Number
Chassis Number Registered Owner

Color Engine Number Address

CERTIFICATION I, ___________________________________, after having been duly sworn

to in accordance to law do hereby depose and say: That I am the complainant of the
aforesaid complaint; That I have read the essence and signed the same; That all the
allegations contained herein are true and correct to the best of my knowledge and
hereby warrant under penalty of perjury and; That I will immediately inform the
PNP-HPG in case the above described motor vehicle is recovered (by us) so that
alarm could be lifted.

Conformed By: _________________________ (Registered Owner)

_______________________ (Driver)

Address: __________________________ Tel/Cell No. _______________________

SUBSCRIBED AND SWORN to before me this ______day of __________., affiant exhibited

to me his/her Residence Certificate No.___________________ issued at _____________
on ________________.

_________________ (Notary Public)

Note: Person found guilty of perjury is liable under Art. 183 of the Revised Penal
Code.

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PNP Criminal Investigation Manual

2010

d.

Sample Format of Complaint Sheet (Other Crimes)

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

COMPLAINT SHEET Complaint No.________________ _________________ 1. REPORTED THRU: [

] In Person [ ] Telephone [ ] Other Date: 2. Previously Reported to other agency: [
] Yes [ ] No If yes; a. To what agency _____________________________ b. BY whom
__________________________________ c. Date/time __________________________________
4. Place of Occurrence/Incident 5. Date/time

3. Nature of Complaint/Info

6. Name of Complainant/Informer

7. Address

8. Tel No.

9. Name(s) of Victim(s)

10. Age

11.Sex

12. Address

13. Tel No.

14. Name(s) of Suspect(s)

15. Alias

16.Sex 17.Age 18. Address

19. Name(s) of Witness(es)

20. Address

21. Tel No.

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PNP Criminal Investigation Manual

2010

22. Brief facts/narrative of complaint (Use back page, if necessary)

23. Remarks of the receiving officer (especially if reporter refused to be

identified): a. Dialect (Accent): ________________________________ b. Female/Male:
c. Possible Age: __________________________________ d. Possible place where the
caller is: ____________________________________ e. Intoxicated or not:
_________________________________________________ f. Others::
_________________________________________________________ 24. I certify that the
details of the 25. SUBSCRIBED AND SWORN to before complaint/info stated above are
true and me this ____ day of April 2009 at Camp Crame, Quezon City. correct to the
best of my knowledge.

__________________________________
Printed Name & Signature of Complainant/Informer

26. Date/Time/Complaint/Info Received

27. Printed name/Signature of Receiving Officer

28. Assigned to:

29. Noted by:

CONFIDENTIAL

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PNP Criminal Investigation Manual

2010

e.

Sample Format of Investigation Report

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________ MEMORANDUM FOR FROM : :

SUBJECT : Investigation Report on DATE I : AUTHORITY 1. Memo from that Office

dated__________ re-investigation report on the above subject. 2. Inherent II
MATTERS TO BE INVESTIGATED 3. To determine the surrounding circumstances of the
killing of the said police officer. 4. To possibly identify the suspects that will
led to their apprehension and possible prosecution III FACTS OF THE CASE 5. (D/T/P
Occurrence and events) IV INVESTIGATION/FINDINGS 6. etc. V VI CONCLUSION
RECOMMENDATION/DISPOSITION ____________________ Chief of Office
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PNP Criminal Investigation Manual

2010

f.

Sample Format of Sworn Statement (Question and Answer)

MALAYA AT KUSANG LOOB NA SALAYSAY NI (Name and address of the Affiant) NA IBINIGAY
SA PAGSISIYASAT NI (Name of the Investigator), DITO SA TANGGAPAN NG Name and
address of the Office, NGAYON IKA- (Month, Date and Year), SA GANAP NA IKA(Time) NG
UMAGA/HAPON/GABI, SA HARAP NINA (Name of Witnesses-at least 2) , SA PAMAMAGITAN NG
MGA TANONG AT SAGOT. (Ang nagsasalaysay ay pinahiwatigan o pinaalalahanan ng lahat
ng kanyang mga karapatan alinsunod sa itinatadhana ng ating Bagong Saligang Batas).
MGA TANONG AT SAGOT 01. TANONG Ginoong/Ginang __________________, ikaw ba ay
magsasabi ng buong katotohanan at pawang katotohanan lamang sa pagsisiyasat na ito?
SAGOT 02. TANONG SAGOT 03. Maaari mo bang sabihin sa pagsisiyasat na ito ang iyong
tunay na pangalan at iba pang mapagkikilanlan sa iyong tunay na pagkatao? Ikaw ba
ay handang magbigay ng iyong malaya at kusang loob na salaysay?

TANONG SAGOT -

04.

T S -

Ano naman ang dahilan at ikaw ay naririto sa aming tanggapan at nagbibigay ng iyong
malaya at kusang loob na salaysay?

05.

T S T S T S T S T S -

Saan at kailan nangyari ang naturang insidente?

06.

Sinu-sino ang may kinalaman sa naganap na _______________?

07.

Paano naman nangyari ___________________?

08.

Kilala mo ba itong mga biktima?

09.

Sa ikaliliwanag ng pagsisiyasat na ito, maaari mo bang isalaysay o sabihin kung ano

ang tunay na nangyari sa naganap na ____________?

10.

T S -

Sa iyong pagkakaalam, ilan sa mga _____________ ang may mga dalang baril at anu-ano
ang mga kalibre nito?
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PNP Criminal Investigation Manual

2010

Pahina 2. Karugtong ng malaya at kusang loob na ____________________________,

ngayong ika-___ ng _____, 20___.

salaysay

ni

11.

T S -

Bukod sa iyo, may mga alam ka bang mga tao na nakakita ng naturang
________________?

12.

T S -

Ano naman ang iyong ginawa matapos mong masaksihan ang naturang insidente?

13.

T S T S -

Kung muli mo silang makita at makaharap, makikilala mo ba ang mga ito?

14.

Pansamantala ay wala na akong itatanong sa iyo, mayroon ka bang ibang ibig idagdag
o bawasan sa salaysay mong ito?

15.

T S -

Ikaw ba ay tinakot, pinangakuan, o binigyan ng pabuya sa pagbibigay mo ng salaysay

na ito?

16.

T S -

Handa mo bang lagdaan ang salaysay mong ito na binubuo ng (Number of Pages) pahina?

WAKAS NG SALAYSAY: (Date and Time) __________________________ Nagsalaysay

SUBSCRIBED AND SWORN TO before me this (Date) at (Place) _________________________
Administering Officer CERTIFICATION I HEREBY CERTIFY THAT I have personally
examined the herein affiant under oath and that I am fully satisfied that he/she
voluntarily executed and understood his/her statement. _________________________
Administering Officer

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PNP Criminal Investigation Manual

2010

g.

Sample Format of Sworn Statement (Narrative)

Republika ng Pilipinas ) Lungsod ng Quezon, )S.S x- - - - - - - - - - - - - - - - x

SINUMPAANG SALAYSAY AKO, si _____________________________, Filipino, ___ taong
gulang, walang asawa/may asawa, naninirahan sa
_________________________________________ ______________________________, matapos
na makapanumpa nang naaayon sa saligang batas ng Pilipinas ay nagsasaad ng mga
sumusunod: Na, noong _________, isang nagngangalang ____________________________ na
taga __________________________ at/o may Agency na ___________________
_____________________________ na matatagpuan sa ________________________
___________________ ay nagpakilala sa akin na may kakayahan na mangalap ng mga
manggagawa para sa ibang bansa partikularmente sa bansang _________ sa pamamagitan
ng ___________; Na ako, sa buong ___________________; pagtitiwala ay nag-aplay sa
taong naturan bilang isang

Na, ang taong nabanggit ay pinangakuan ako ng trabaho sa ibang bansa na bilang
kapalit ako ay pinagbibigay/pinagbabayad na aking naman ibinigay/ibinayad ang mga
sumusunod: HALAGA/BAGAY ____________________ ____________________
____________________ ____________________ ____________________ ____________________
____________________ ____________________ PETSA _______________ _______________
_______________ _______________ _______________ _______________ _______________
_______________ LUGAR/TUMANGGAP _____________________ _____________________
_____________________ _____________________ _____________________
_____________________ _____________________ _____________________

Na, ang nasabing mga halaga/bagay ay tinanggap ni _________________________, at ang

nasabing tao ( ) NAGBIGAY ( ) HINDI NAGBIGAY ng kaukulang resibo; Na, sa kabuuan
halaga ako ay nahingian at/o nagbigay ng pera sa taong naturan na umabot sa
halagang humigit kumulang sa ____________ ( ) kasama na ang aking mga nagastos
habang ako ay nag-aaplay ( ) hindi pa kasama ang aking mga nagastos habang ako ay
nag-aaplay sa kanya; Na, noon ________, ako ay lumuwas patungong Maynila sakay ng
_____________ at ako ay dumiretso sa bahay/agency na matatagpuan sa
_____________________________________________________________________; Na, habang
ako ay nag-aantay ng aking pag-alis, ako ay pansamantalang pinatira ng taong
naturan sa kanyang bahay na matatagpuan sa
________________________________________. Ako tumuloy sa nasabing bahay sa loob ng
_______________. Habang ako ay nanunuluyan sa nasabing bahay ako ay pinagbabayad ng
halagang _______ bawat araw/buwan para sa aking pagkain at iba pang gastusin para
sa aking pansamantalang panunuluyan;

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PNP Criminal Investigation Manual

2010

Na, habang ako ay pansamantalang nanunuluyan sa nasabing bahay, ako ay kanyang

pinagawa ng mga gawain bahay tulad ng
______________________________________________________________________ Ito raw
umanoy ay parte ng aking training bilang isang __________________; Na, ang taong
nabanggit ( ) ay nabigo na maipadala ako sa ibang bansa. ( ) ako’y nakaalis papunta
sa nasabing bansa bilang isang ____________ upang magtrabaho noong ___________ at
bumalik noong ___________ sa kadahilanang
___________________________________________________________________________________
_
___________________________________________________________________________________
_
___________________________________________________________________________________
_ ___________________________; Na, ang taong nabanggit ay nabigo at/o ayaw ibalik
ang aking pera/papeles sa kabila ng aking paulit-ulit na kahilingan; Na, aking
natuklasan na ang taong naturan ay walang lisensya o karapatan na mangalap at
magpadala ng mga manggagawa sa ibang bansa; Na, hanggang sa ngayon ang taong
nabanggit ay pinapangakuan ako na matutuloy maka-alis patungong ibang bansa at ako
ay kanyang hinihingian ng dadag na bayad na nagkakahalaga sa ___________ kapalit ng
aking diumano’y pag-alis; Na, ang taong naturan ay naninirahan at/o maaaring
mapasabihan _____________________________________________________________________;
sa

Na ginawa ko ang Sinumpaang Salaysay na ito upang ihabla si/sina

___________________________________________________________________________________
_ ________________________________________________________ng illegal recruitment
at/o estafa at/o Human Trafficking; Na, aking pinatutunayan na ako ay hindi naghain
ng reklamong katulad nito sa mga taong nabanggit sa iba pang ahensya o sangay ng
pamahalaan maliban dito. BILANG PATUNAY, ako ay lumagda sa ibabaw ng aking pangalan
ngayon ika-______ ng _________, _____.

_________________ Lagda

SINUMPAAN AT PINATOTOHANAN sa harap ko ngayon ika __________ ng ___________, _____.

Pinatutunayan ko na ang nagsalaysay ay aking nasiyasat at ako ay may sapat na
paniniwala na siya ay kusa at malayang nagsalaysay.

_____________________ Administering Officer

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PNP Criminal Investigation Manual

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h.

Sample Format of Alarm Sheet (Carnapping Incident)

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________
ALARM SHEET Alarm No. Date Reported Time Reported Date Lost Time Lost

MOTOR VEHICLE DESCRIPTION Make Series

Year Model

Body Type [ ] AUV [ ] Car [ ] Wagon [ ] Pick Up [ ] Closed Van [ ] Jeepney [ ] Bus
[ ] Utility Van [ ] Truck [ ] Dropside MVRR No. [ ] HSPUR [ ] 3 Wheeled [ ]
Motorcycle [ ] Others: ___________ CR No.

Classification [ ] Private [ ] For Hire [ ] Government [ ] Diplomat Plate No.

Engine No.

Chassis No. Color MV File No.

OWNER DESCRIPTION Registered Owner Last Name First Name Middle Name Telephone No.
Land Line # Mobile # Type of ID presented ID Number presented

Address

Insurer

Tel No.

Classification [ ] TPL [ ] Comprehensive

CIRCUMSTANCES Mode of Loss [ ] Seized at Gunpoint/Intimidation [ ] Seized While

Parked Unattended [ ] Qualified Theft [ ] Theft [ ] Fraud [ ] Estafa [ ] Others
_______________________ Place of Offense Committed: Brief Narration
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________ [ ] WITH SAFETY
DEVICE [ ] ACTIVATED [ ] NOT ACTIVATED [ ] MANUAL [ ] ELECTRONIC [ ] GSP [ ]
WITHOUT SAFETY DEVICE

Reported By: ______________________________________________

_________________________________________________________ 8 ‐ 18 ‐
PNP Criminal Investigation Manual

2010

Investigated By: ______________________________________________

_________________________________________________________
_________________________________________________________ Approved By:
_____________________________________________ 2x3 Picture With signature and Thumb
mark

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PNP Criminal Investigation Manual

2010

i.

Sample Format of Alarm Sheet (Missing Person)

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

MISSING/WANTED PERSON ALARM SHEET

1. ALARM NO. 2.NATURE OF ALARM [ ] MISSING [ ] WANTED 5 NAME OF SUBJECT 8.
DESCRIPTION: SEX NATIONALITY AGE COMPLEXION HEIGHT WEIGHT BUILD HAIR PECULIARITIES
OTHER IDENTIFICATION DATA 3.. PLACE WHERE LAST SEEN 6. ALIAS (ES) 4. DATE/TIME 7.
ADDRESS 9. PHOTO

10 ADDITIONAL INFO ON SUBJECT 11.COMPLAINANT/INFORMANT 14. RELATIONSHIP OF

COMPLAINANT/INFORMANT TO SUBJECT 12. ADDRESS 15. REPORTED TO OTHER AGENCY [ ] YES [
] NO If yes, what agency________________ 17. REPORT RECEIVED BY 18. DATE/TIME 19.
POSITION/DESIGNATION 13. TEL NO. 16. DATE/TIME REPORTED

20. THIS IS TO CERTIFY that the above report/data are true and correct to the best
of my knowledge. 22. SUBSCRIBED AND SWORN TO before me this _____ day of
________________ 19 _______

21. SIGNATURE OF COMPLAINANT/INFORMER

23. SIGNATURE OF ADMINISTERING OFFICER

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PNP Criminal Investigation Manual

2010

24. ISSUANCE OF ALARM REQUESTED BY 27. ALARM ISSUED BY 30. LIFTING OF ALARM
REQUESTED BY 33. ALARM LIFTED BY 25. DATE/TIME 26. POSITION/DESIGNATION

28. DATE/TIME 31. DATE/TIME

29. POSITION/DESIGNATION 32. POSITION/DESIGNATION

34. DATE/TIME

35.POSITION/DESIGNATION

36. REASON FOR LIFTING ALARM [ ] PERSON RECOVERED [ ] FALSE ALARM

37.SIGNATURE OF SUPERVISOR [ ] PERSON RETURNED [ ] PERSON ARRESTED 38. DATE/TIME
[ ] OTHER

39.POSITION/DESIGNATION

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PNP Criminal Investigation Manual

2010

j.

Sample Format of Advance Information

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________ ADVANCE INFORMATION

NATURE OF CASE VICTIM

: :

__________________________________________________
__________________________________________________ (NAMES, PERSONAL CIRCUMSTANCES
OF VICTIM) __________________________________________________ (IF INJURED,
DIAGNOSIS OF THEATTENDING PHYSICIAN AND NAME OF HOSPITAL)

DATE/TIME/PLACE OF OCCURRENCE SUSPECTS

: : :

__________________________________________________
__________________________________________________
__________________________________________________ (NAMES, PERSONAL CIRCUMSTANCES)
__________________________________________________ RESIDENCE AND STATUS-WHETHER
__________________________________________________ SUSPECTS ARE UNDER ARREST OR NOT

EVIDENCE WITNESSES

: :

__________________________________________________
__________________________________________________

---------------------------------------------------------------------FACTS OF THE
CASE:

_________________________________ NAME OF OFFICER-ON-CASE

_________________________________ RANK PNP _________________________________
DESIGNATION NOTED AND FORWARDED: ____________________________ CHIEF OF GROUP/UNIT
____________________________ RANK PNP ____________________________ DESIGNATION
8 ‐ 22 ‐
PNP Criminal Investigation Manual

2010

k.

Sample Format of Crime Report

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

CRIME REPORT NATURE OF CASE COMPLAINANT/VICTIM : :

__________________________________________________
___________________________________________________ (NAMES, PERSONAL CIRCUMSTANCES
OF COMPLAINANT) ___________________________________________________ (IN RAPE CASES,
ENCLOSE THE MEDICAL FINDING) DATE/TIME/PLACE OF OCCURENCE SUSPECTS : : :
__________________________________________________
__________________________________________________
__________________________________________________ (NAMES, PERSONAL CIRCUMSTANCES)
__________________________________________________ ADDRESS, IF KNOWN, AND PHYSICAL
__________________________________________________ DESCRIPTION, IF AT-LARGE
EVIDENCE WITNESSES : : __________________________________________________
__________________________________________________ (NAMES AND ADDRESS)

FACTS OF THE CASE:

____________________________________ NAME OF OFFICER-ON-CASE

____________________________________ RANK PNP ____________________________________
DESIGNATION

NOTED AND FORWARDED: _________________________________ CHIEF OF GOUP/UNIT

_________________________________ RANK PNP _________________________________
DESIGNATION

8 ‐ 23 ‐
PNP Criminal Investigation Manual

2010

l.

Sample Format of Coordination Report

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

COORDINATION FORM UNIT:

________________________________________________________________________ DATE/TIME:
___________________________________________________________________ PLACE OF
OPERATION: ________________________________________________________ TEAM LEADER:
_______________________________________________________________ MEMBERS:
___________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
VEHICLE USED: _________________________________ _________________________________
_________________________________ ______________________________________
______________________________________ ______________________________________

RECEIVED BY: _____________________________

8 ‐ 24 ‐
PNP Criminal Investigation Manual

2010

m.

Sample Format of Lifting Of Alarm

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

REQUEST FOR LIFTING OF ALARM Name of Applicant: Address:

_________________________________________________

_________________________________________________
_________________________________________________

Registered Owner Address:

_________________________________________________

Description of Motor Vehicle: Make/Type/Yr Model Color Motor Number Chassis Number
Plate Number : : : : : ______________________________
______________________________ ______________________________
______________________________ ______________________________

In connection with my request. I hereby submit the following: ( ( ( ( Motor Vehicle

for macro-etching examination Alarm Sheet Spot Recovery Report Turn-Over/ Release
Receipt of MV to owner by the covering PNP van. (if MV was recovered by other PNP
Units) ( ) Original Official Receipt (OR) & Certificate of Registration (CR) if
Xerox/photo copy, it must be authenticated by C, Inves-OADI,
investigator,/processing officer. ( ) Deeds of Sale (If motor vehicle is not
registered in the name of the applicant/ present owner) ( ) Release of
claim/subiogation/Deeds of Sale (if the applicant is an insurance company. ( )
Special Power of Attorney (if applicant is a representative) ( ) Affidavit of
requesting Party/Owner that she/he is still the registered owner and she/ he has
not made any claim with any insurance company re-loss of said MV ( ) If MV was
submitted/cited as evidence in a case filed in court, an order of release from
court/ fiscal taking cognizance of the case. ( ) Others
________________________________________________________________
________________________________________________________________ ) ) ) )

_____________ | | | | | PHOTO | | | | | |____________|

______________________________ Signature ______________________________ Print Name

______________________________ Driver’s License Number

8 ‐ 25 ‐
PNP Criminal Investigation Manual

2010

n.

Sample Format of Turn-over of Crime Scene (From First Responder to the

Investigator)

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

TURN-OVER OF CRIME SCENE ___________ Date This is to certify that the crime scene
(State the particular incident and the date, time, place of occurrence) was turned
over by the first responder to the duty investigator. This further certifies that
all the physical evidence found by the first responder at the crime scene are
properly secured and preserved. Received By : ____________________ Time/Date :
____________________

Turned over By: ___________________ Time/Date : ___________________

Witnessed By: ____________________

8 ‐ 26 ‐
PNP Criminal Investigation Manual

2010

o.

Sample Format of Turn-over of Crime Scene (From Investigator to SOCO Team Leader)

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

TURN-OVER OF CRIME SCENE AND PHYSICAL EVIDENCE __________ Date

This is to certify that the crime scene and all the physical evidence (State the
particular incident and the date, time, place of occurrence) were turned over by
the duty the investigator to the SOCO Team Leader. This further certify that all
the physical evidence found and initially marked and inventoried by the
investigator at the crime scene are properly listed and recorded in the
investigator’s Evidence Log Book.

Received By:___________________ Time/Date :___________________ Turned over By:

________________ Time/Date : ________________

Witnessed By: ____________

8 ‐ 27 ‐
PNP Criminal Investigation Manual

2010

p.

Sample Format of Technical Inspection for Vehicle

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

Technical Inspection and Inventory Report for Recovered Motor Vehicle

Accomplished:__________________ MOTOR VEHICLE DESCRIPTION Make/Type Engine No.
Chassis No. Registered Owner: Owner’s Address OUTSIDE FEATURES FRONT Bumper Front
Fog Lights Brand Emblem Headlights Marking LR Radiator Grill Windshield wiper
Signal Lights L/R Windshield Glass Hazard Lights L/R Windshield Wiper Blade
Headlights Guard Windshield Wiper Motor Left Side Portion: Right side Portion: Side
Mirror Side Mirror Wind Tunnel Glass Wind Tunnel Glass Window Glass Window Front
Seat Glass Front Seat Weather/Wi ndow Strip Rear Back Portion: Plate No. Fuel Color
Inside Features Steering Wheel Shifting Rod with Knob Hand Brake Ammeter Oil
Pressure Gauge Temperature Gauge RPM Gauge Headlight Knob Parking/Hazard Knob Wiper
Knob Dimmer Switch Directorial Level Speedometer Fuel Gauge Cars Seats Front Car
Seat Back Engine Compartment Air-con Compressor Radiator Radiator Cover Radiator
Inlet Hose Radiator Outlet Hose Water Bypass Hose Ignition Coil High Tension Wire
Distributor Cap Distributor Assembly Contact Point Condenser Air-con Condenser
Rotor Advancer Oil Dipstick

Car Seat Cover Floor Carpet

8 ‐ 28 ‐

Air-con Driver Belt Carburettor Assembly

PNP Criminal Investigation Manual

2010

Luggage Compartment: Rear Bumper Spare Tire Brand Emblem Spare Tire Marking
MountingNote: no spare tire cover. Plate Light Floor Luggage Mat Tail Light
Assembly Mechanical Tools TIRES: Brand/Make: Size: 235/75 R15 Condition: Used Type
No. of Studs: General Condition of the MV: Running Deadline REMARKS Floor Matting
Steering Wheel Computer Box Alternator Alternator Regulator

Voltage

Seat Adjustment Knob

Air Cleaner

ACCESSORIES: Air-condition Unit Car Stereo Interceptor Cable Stereo Speakers

Twitters Car Radio Equalizer CD Changer Lighter Barometer Fire Extinguisher
Antennae GENERAL APPEARANCE: Newly painted Paint Discoloring Good body shape Body
in Bad Shape Body ongoing repair For Repainting Beyond Economical Repair and
corrosion have set in which requires a major body repair.

Fuel Pump Oil Filter Steering Gear Box Water Pump Assembly Engine Fan Auxiliary Fan
Fan Belt Spark Plugs Battery Battery Cable Battery Terminal Horn Assembly Horn
Relay Accelerator Cable Intake Manifold Exhaust Manifold Engine Mounting Ignition
wiring Transmission Suspension Assembly Tie Rod End

Recovering Personnel:

WITNESS/OWNER/Barangay Official:

Idler Arm Front Coil Spring Pitman Arm NOTED BY (HEAD OF OFFICE):
________________________ _______________ Rank/Name Date:

Date:

Date:

8 ‐ 29 ‐
PNP Criminal Investigation Manual

2010

q. Sample Format of Inventory/Receipt of Property

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

Date:____________

INVENTORY SHEET/RECEIPT FOR PROPERTY / GOODS RECOVERED Inventory Sheet of

article/items seized from the premise/establishment of ________________ located at
________________ by virtue of _____________________________________ ITEMS/ARTICLES
________________________________ ________________________________
________________________________ ________________________________
________________________________ ________________________________
________________________________ QUANTITY/UNITS __________________________
__________________________ __________________________ __________________________
__________________________ __________________________ __________________________

_________________________ (Seizing Officer) Witness by: __________________

8 ‐ 30 ‐
PNP Criminal Investigation Manual

2010

r.

Sample Format of Impounding Receipt

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

Date:________________________ IMPOUNDING RECEIPT Description of the MV: Make/Type

Chassis No. Motor No. Plate No. Color CR/OR NO. LTO File No. : : : : : : :
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________

Registered Owner: Address VIOLATIONS: :

1. ___________________________________________________ 2.
___________________________________________________ 3.
___________________________________________________ Subject MV was apprehended by
Anti-Carnapping Operatives of this office for violation/s as stated above
on_________________ at about______ along the vicinity of _______________________and
same was brought to HQS TMG, Camp Crame, Quezon City, for safekeeping subject for
the investigation/verification and proper disposition. Note: Subject MV shall only
be released upon presentation of its pertinent original documents and upon
notation/approval of the ADI.

APREHENDING OFFICERS: Team Leader: ________________ ________________

________________ ________________

Conformed: _____________________ Owner/Driver/Possessor

8 ‐ 31 ‐
PNP Criminal Investigation Manual

2010

s.

Sample Format of Evidence Custodian Report

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

RECEIPT OF EVIDENCE CONFISCATED THIS IS TO CERTIFY that the undersigned receiving

Police Officer seized/ confiscated the following described properties/ items from
the custody and control of ______________________________________, by virtue of
Search Warrant No.________ issued by Honorable Judge
________________________________,Executive/ Presiding Judge of Branch ______, RTC,
____________________ dated ___________________ for Violation of
___________________________:

PROPERTIES/ ITEMS CONFISCATED

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
_________________________________________________________ SIGNED IN THE PRESENCE
OF: 1.) 2.) ____________________________ _____________________________

_____________________________ (Evidence Custodian)

8 ‐ 32 ‐
PNP Criminal Investigation Manual

2010

t.

Sample Format of Certification of Legally, Peacefully and Orderly Execution of

Search Warrant

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________ CERTIFICATION OF LEGALLY, PEACEFULLY AND ORDERLY EXECUTION
OF SEARCH WARRANT: TO WHOM IT MAY CONCERN: THIS IS TO CERTIFY that elements of
_________________________________ stationed at Camp Crame, Quezon City, have today
_________________, 200__conducted Search and Seizure in my residence/premises
located at ______________________________________, _____________ by virtue of
Search Warrant No.________ issued by Honorable Judge
________________________________,Executive/ Presiding Judge of Branch ______, RTC,
____________________ dated ___________________: That during the course of their
search, they found and recovered the following personal properties of mine which is
the subject of the Search Warrant, to wit;
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
____________________
8 ‐ 33 ‐
PNP Criminal Investigation Manual

2010

I FURTHER CERTIFY that the search was done in peaceful, appropriate and orderly
manner and nothing were taken by the searching party aside from those enumerated
above.

_________________________ (Signature over printed name of owner)

SIGNED IN THE PRESENCE OF:

1.) ______________________________ 2.) _______________________________ (Signature

over printed name) (Signature over printed name)

SEARCHING PARTY/TEAM LEADER:

____________________________________ Signature over printed name)

SUBSCRIBED AND SWORN to before me this ____________20___

at___________________________________________________, ______________________.

____

day

of

____________________________ (Administering Officer)

8 ‐ 34 ‐
PNP Criminal Investigation Manual

2010

u.

Sample Format of Compliance/Return of Search Warrant

Republic of the Philippines REGIONAL TRIAL COURT __________________________ Branch

__ ______________________ PEOPLE OF THE PHILIPPINES Plaintiff Versus Search Warrant
no._______________ For violation of __________________ __________________________
Respondents X------------------------X

COMPLIANCE/RETURN OF SEARCH WARRANT Comes now, the undersigned applicant,

________________________of the ________________________ and unto this Honorable
court, respectfully return the herein original copy of the Search Warrant No.
_____________ issued by the Honorable Presiding Judge ______________, Branch ___,
RTC____ for violation of ______________________. (Attached hereto as annex “A” is
the original copy of Search Warrant No. _____________) and manifest the following:
That at about ___________ of _____________, elements of the
___________________________________________________ led by the undersigned
implemented the search warrant no. _____________ at the premises of
______________________________________________ located at _______________. That as
a result thereof, the following items/articles which are subjects of the search
warrant were confiscated/seized under proper receipt as follows; That the raid was
conducted in a legally, peacefully and orderly manner and in the presence of Two
(2) Barangay Officials namely: Brgy Kagawad ____________________________ and Brgy
Executive Officer _______________________________________ both of
___________________. A corresponding receipt of the evidence confiscated was
furnished to the representative of _________________. The registered owner of
_____________________, was not around during the raid, however, was represented by
______________________, the office administrator. (Attached hereto as annex “B” is
a copy of Receipt of Evidence Confiscated and a Certification of Orderly Execution
of Search Warrant as annex “C’) WHEREFORE, it is most respectfully prayed to this
Honorable Court that the return of the Original Search Warrant No. ______________
and its annexes together with the seized items be accepted. LIKEWISE, it is
respectfully prayed that the undersigned be authorized by this Honorable Court or
grants the ______________________ to conduct Forensic Examination on the seized
computers and other electronic devices for evidentiary purposes. Other relief’s
just and equitable in the premises, are likely prayed for. Done this ____ day of
_____ 20__, City of ______________, Philippines.

_______________________ Applicant/Team Leader SUBSCRIBED AND SWORN to before me

this ___ day of ______ 20__ at City of Manila, Philippines.

_________________ Presiding Judge

8 ‐ 35 ‐
PNP Criminal Investigation Manual

2010

v.

Sample Format of Booking and Arrest Report

Republic of the Philippines Department of the Interior and Local Government

PHILIPPINE NATIONAL POLICE ______________________________________
_______________________

BOOKING AND ARREST REPORT Picture 2x2

_________________________________________ DATE: _____________ (Last Name) (First

Name) (Middle Name)

ADDRESS : ______________________________________ Tel No. _____________________

PLACE & DATE OF BIRTH : _____________________________________________________
OCCUPATION : ________________________ MARITAL STATUS : _____________________
NATIONALITY : __________________ SEX : _________ WEIGHT : _________ HEIGHT: ____
AGE : __________ EDUCATIONAL ATTAINMENT : __________________________________ NAME
OF SCHOOL: __________________________LOCATION OF SCHOOL: ___________ SCARS AND
MARKS : _________________________ OTHER IDENTIFYING MARKS: ______ NAME & ADDRESS OF
FATHER: ________________________________________________ NAME & ADDRESS OF MOTHER:
________________________________________________ NAME & ADDRESS OF RELATIVES:
______________________________________________ OFFENSE CHARGE:
____________________________________________________________________________
(NATURE OF OFFENSE) (CRIM/IS NO.) ARRESTED BY:
_____________________________________ UNIT: ____________________ WHERE ARRESTED:
______________________________ DATE/TIME ARRESTED: _______ BOOKED BY :
___________________________________ BRANCH/SECTION: ___________ SIGNATURE OF PERSON
ARRESTED: ___________________________________________ NAME OF ARRESTING OFFICER:
_______________________________________________ RIGHT HAND

THUMB

INDEX

MIDDLE

RING

LITTLE

LEFT HAND

8 ‐ 36 ‐
PNP Criminal Investigation Manual

2010

w.

Sample Format of Explosive-Related Incident Report (With Evidence Recovery Log and
Custody Log)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE INTELLIGENCE GROUP PHILIPPINE
BOMB DATA CENTER 2nd Floor Maritime Building Camp Crame, Quezon City Tel. Nos. (02)
4120065 / 7230401 loc 4496 Email: do_pbdc@yahoo.com

EXPLOSIVE-RELATED INCIDENT REPORT FORM

BDC Incident Number Police Blotter Case Number Reporting PNP Unit Chief of Office
Investigator-on-Case Unit Contact Details Bomb Squad Unit Team Leader Unit Contact
Details SOCO Unit Unit Contact Details Date/Time of Incident Location Bombing
Attempted Bombing Theft Recovery Other Address Phone E-mail Address Phone E-mail
Address Phone E-mail Date Received

Incident Category

Casualties Deaths Pre-Incident Threat Post-Incident Threat

Yes Yes

No No Yes Yes No No

Number: Number: Method of Threat: Method of Threat:

8 ‐ 37 ‐
PNP Criminal Investigation Manual

2010

Delivery Method Delivered Dropped Thrown Placed Suicide Buried Other

Details Time Victim Environmental Command Other

Initiation Method

Details

Power Source Details

Battery Mains

Explosive Type Details

Commercial Military / Ordnance Improvised Other

Detonator Type Details

Commercial Military Improvised Other

Container Type

Plastic Metal Carton Bag Cloth

Wood Other

Details Vandalism Terrorist Criminal Religious Domestic Dispute Experimentation

Extortion Other

Motive Details

Target Details Suspected Group:

Government Commercial Private Other

Details:

Device/Component Description This box needs to include a device description and a

components list. This requires as much information as possible.
8 ‐ 38 ‐
PNP Criminal Investigation Manual

2010

Incident Details Include information on injuries, property damage, motive and

incident description, device location and any other relevant information.

Render Safe Procedure List action taken by reporting unit and any information
considered urgent for promulgation to other law enforcement agencies and first
responders. e.g. Device rendered safe by remote approach utilizing disruptor.

Photographs/Media List and describe any photos, diagrams attached to the report.

Signature _______________________ Name:

Date:

Note: Please transmit to PBDC-IG through fax or Email.

8 ‐ 39 ‐
PNP Criminal Investigation Manual

2010

ADMINISTRATIVE LOG Location: Date: Case Identifier/Number: Preparer/ Assistants:

Personnel Involved:

Time

Pertinent Description / Information

NARRATIVE DESCRIPTION Location: Date: Case Identifier/Number: Preparer/ Assistants:

8 ‐ 40 ‐
PNP Criminal Investigation Manual

2010

PHOTOGRAPHIC LOG Location: Date: Case Identifier/Number: Preparer/ Assistants:

Camera: Type of film: Remarks

Photo #

Description of Photograph ic Subject

Camera Settings and Lens Type

Distance

Use of Scale

Sketch (of Applicable)

CRIME SCENE DIAGRAM / SKETCH Location: Date: Case Identifier/Number: Preparer/

Assistants Reference Scale of Disclaimer Compass Orientation Evidence Fixed Objects
Measurements Key / Legend

8 ‐ 41 ‐
PNP Criminal Investigation Manual

2010

EVIDENCE RECOVERY LOG Location: Date: Case Identifier/Number: Preparer/ Assistants:

Description Item of Photo Log # Marking Direct = D Indirect = I Packaging Method
Comm ents Personnel Involved:

Item #

Location

Recovered by:

8 ‐ 42 ‐
PNP Criminal Investigation Manual

2010

CUSTODY LOG Item # Delivered By: To: Returned To: By Delivered By: To: Returned To:
By Delivered By: To: Returned To: By Delivered By: To: Returned To: By Delivered
By: To: Returned To: By Date Date Date Date Date Date Date Date Date Date Case
Number: Time Time Time Time Time Time Time Time Time Time

8 ‐ 43 ‐
PNP Criminal Investigation Manual

2010

BOMB SUMMARY CHART Incident # Incident Location Bomb Container Type Explosive Pipe
Method Initiation

BOMB SUMMARY CHART Battery Wire Tape Glue Switch Clock Contact Screw Solder

R/C Devices #

Construction Similarities

Fingerprints

Remarks

8 ‐ 49 ‐
PNP Criminal Investigation Manual

2010

x.

Sample Format of Detainees Report

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE CRIMINAL INVESTIGATION
DETECTION GROUP CIDG DETENTION CENTER Camp Crame, Quezon City CERTIFICATION THIS IS
TO CERTIFY that the undersigned Incoming Duty Jail Guards assumes the duties and
responsibilities from the Outgoing Duty Jail Guards from _________________ to
___________________ and received the following to wit: DETAINEES REPORT Name Male
1. 2. Female 1. 2. Current Detainees... = 41 Actual Detainees... = 41 INCOMING DUTY
JAIL GUARDS ___________________________ ___________________________
___________________________ NOTED/INSPECTED: Female = 08 Female = 08 Total = 49
Total = 49 OUTGOING DUTY JAIL GUARDS TEAM LEADER_______________________ DESK GUARD
_______________________ GATE GUARD _______________________ NOTED/INSPECTED:
Offenses Arrest Unit Date Court Remarks

___________________________

_______________________

8 ‐ 50 ‐
PNP Criminal Investigation Manual

2010

y.

Sample Format of After Case Hearing Report (During Trial)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : After Case Hearing Reports

1. This has reference to the Court Hearing which was attended today by the
undersigned together with ______________________ relative to the case filed by
_________________ against ___________________________ docketed under CC#
______________________ is scheduled for arraignment at the sala of
______________________________________. 2. However, said court hearing/arraignment
was set because __________________ counsel of the respondents submitted/filed a
motion for reinvestigation of the case and was presented to City Prosecutor and
after examining the motion, it was only approved by the court. 3. For information.

___________________________ (CHIEF OF OFFICE)

8 ‐ 51 ‐
PNP Criminal Investigation Manual

2010

y.

Sample Format of After Case Hearing Report (During Promulgation)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE 1. : : : : This pertains to the promulgation of Judgment in
PP vs in CC. After Promulgation of Judgment Reports

2. On or about o’ clock in the afternoon on even date, was found “guilty beyond
reasonable doubt” on the said three (3) cases, to wit: Case Number ___________
Crime Committed Sentence _______________ ___________

3. In addition to the following, the accused is also directed to pay the heirs of
deceased ______________of the “Decision”, twelve (12) pages are hereto attached. 4.
According to the Provincial Jail Warden, accused will be transferred to National
Penitentiary, Muntinlupa City as soon as the commitment order issued by the Judge.
5. Information.

_____________________________ (CHIEF OF OFFICE)

8 ‐ 52 ‐
PNP Criminal Investigation Manual

2010

z.

Sample Format of Case Folder

CASE FOLDER OF ____________________________ ENCLOSURES OF CASE REFERRAL/TRANSMITTAL

(For Viol of ____________________) TABLE OF CONTENTS 1. Sworn Statement of (Name of
Complainant) 2. Sworn Statement of (Name of Witnesses) 3. Affidavit of Arrest (Name
of Arresting Officers) 4. Documentary Evidence a. Complaint Sheet of Complainant b.
Request and Certificate of POEA c. Request and Result of Ultra Violet Powder d.
Summary of Information e. Coordination f. Request and Result of Physical
Examination g. Booking /Information Sheet of Suspect h. Copies of Photographs and
Sketch of Agency i. Copies of Photographs during Entrapment Opn j. Copies of
Photographs of the Suspect k. Copies of Photographs of the Pieces of Physical l.
Evidence Recovered and Seized m. Reports about the Case n. Others “A” “B” “C” “D”
“D-1” “D-2” “D-3” “D-4” “D-5” “D-6” “D-7” “D-8” “D-9” “D-10” “D-11” “D-12” “D-13”
“D-14”

______________________ Officer-on-Case

Noted By: _________________ Chief of Office

8 ‐ 53 ‐
PNP Criminal Investigation Manual

2010

8.3

Forensic Request Formats a. Sample Request Form for Medico-Legal Examination 1. 2.

3. 4. 5. 6. Autopsy Genital Physical/Medical Blood Semen DNA

b. Sample Request Form for Firearms Identification 1. 2. Ballistic Cross-Matching

c. Sample Request Form for Chemistry Examination 1. 2. 3. 4. 5. 6. 7. 8. 9.

Dangerous Drugs Drug Test Paraffin Test Explosives Macro-etching Trajectory Ultra-
violet (Fluorescence Powder) Toxins Burned Debris and Flammable/Volatile Substances

10. Chemical Analysis d. Sample Request Form for Fingerprint Examination e. Sample
Request Form for Questioned Documents Examination f. Sample Request Form for
Polygraph Examination g. Sample Request Form for the Conduct of SOCO
8 ‐ 54 ‐
PNP Criminal Investigation Manual

2010

a.

Sample request Format of Medico-Legal Examination (Autopsy)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : examination on the Request for Autopsy Examination
Director, PNP Crime Laboratory

1. Request conducts medico-legal (autopsy) accompanying specimen to determine the

cause of death. a) b) c) d) e) NATURE OF CASE : VICTIM SUSPECT TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of medico-legal examination

result for our reference. 3. For consideration.

____________________________ (CHIEF OF OFFICE)

8 ‐ 55 ‐
PNP Criminal Investigation Manual

2010

(Genital)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Genital Examination Director, PNP Crime
Laboratory

1. Request conducts Genital Examination of ____________________ residing at

________________________.

the

person

2. In connection with para 1 above, request furnish this office a copy of the
initial result thereof for reference purposes.

_______________________________ (CHIEF OF OFFICE)

8 ‐ 56 ‐
PNP Criminal Investigation Manual

2010

(Physical/Medical)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Physical/Medical Examination Director,
PNP Crime Laboratory

1. Request conducts Physical/Medical Examination ____________________ residing at

________________________.

of

the

person

2. In connection with para 1 above, request furnish this office a copy of the
initial result thereof for reference purposes. 3. For consideration.

____________________________ (CHIEF OF OFFICE)

8 ‐ 57 ‐
PNP Criminal Investigation Manual

2010

(Blood Samples)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE 1. specimen. : : : : Request conducts medico-legal (blood)
examination on the accompanying Request for Blood Examination Director, PNP Crime
Laboratory

a) b) c) d) e)

NATURE OF CASE : VICTIM SUSPECT TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of medico-legal examination

result for our reference. 3. For consideration.

____________________________ (CHIEF OF OFFICE)

8 ‐ 58 ‐
PNP Criminal Investigation Manual

2010

(Semen Samples)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Semen Examination Director, PNP Crime
Laboratory

1. Request conducts accompanying specimen. a) b) c) d) e)

medico-legal

(semen)

examination

on

the

NATURE OF CASE : VICTIM SUSPECT TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of medico-legal examination

result for our reference. 3. For consideration.

____________________________ (CHIEF OF OFFICE)

8 ‐ 59 ‐
PNP Criminal Investigation Manual

2010

(DNA)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for DNA Examination Director, PNP Crime
Laboratory

1. specimen.

Request conducts medico-legal (DNA) examination on the accompanying

a) b) c) d) e)

NATURE OF CASE : VICTIM SUSPECT TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of medico-legal examination

result for our reference. 3. For consideration.

____________________________ (CHIEF OF OFFICE)

8 ‐ 60 ‐
PNP Criminal Investigation Manual

2010

b.

Sample request Format of Firearms Identification Examination

(Ballistics)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Ballistics Examination Director, PNP
Crime Laboratory

1. Request conducts ballistic examination on the accompanying specimen to determine

whether the firearm described below was fired from the fired cartridge case or
otherwise. a) b) c) d) e) NATURE OF CASE : VICTIM SUSPECT TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of ballistic examination

result for our reference.

____________________________ (CHIEF OF OFFICE)

8 ‐ 61 ‐
PNP Criminal Investigation Manual

2010

(Cross-Matching)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Cross-Matching Examination Director, PNP
Crime Laboratory

1. Request conducts cross-matching examination on the accompanying specimen to

determine whether the firearms described below was fired from the fired cartridge
case or otherwise. a) b) c) d) e) NATURE OF CASE : VICTIM SUSPECT TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of cross-matching

examination result for our reference.

____________________________ (CHIEF OF OFFICE)

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c.

Sample request Format of Chemistry Examination

(Dangerous Drugs)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Dangerous Drugs Examination Director, PNP
Crime Laboratory

1. Request conducts dangerous drugs examination on the accompanying specimen to

determine whether it contains dangerous drugs or otherwise. a) b) c) d) NATURE OF
CASE : SUSPECT TDPO : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of cross-matching

examination result for our reference.

____________________________ (CHIEF OF OFFICE)

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(Drug Test)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Body Fluid Examination Director, PNP
Crime Laboratory

1. Request conducts drug test on the accompanying specimen to determine the

presence of dangerous drugs. a) b) c) d) NATURE OF CASE : SUSPECT TDPO : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of cross-matching

examination result for our reference.

____________________________ (CHIEF OF OFFICE)

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(Paraffin Test)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Paraffin Test Director, PNP Crime
Laboratory

1. Request conducts paraffin test on the accompanying specimen to determine the

presence of gunpowder nitrate. a) b) c) d) e) NATURE OF CASE : VICTIM SUSPECT
TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of examination result for
our reference. 3. For consideration.

__________________________ (CHIEF OF OFFICE)

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(Explosive Test)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Explosives Test Director, PNP Crime
Laboratory

1. Request conducts explosive examination on the accompanying specimen to determine

the component explosive ingredient. a) b) c) d) e) NATURE OF CASE : VICTIM SUSPECT
TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of examination result for
our reference. 3. For consideration.

____________________________ (CHIEF OF OFFICE)

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(Macro-etching Test)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Macro-etching Test Director, PNP Crime
Laboratory

1. Request conduct macro-etching examination on the motor vehicle described below:

a) b) c) d) e) MAKE/TYPE : PLATE NO COLOR : :

CHASSIS NO: ENGINE NO:

2. Further request that this Office be furnished a copy of examination result for
our reference. 3. For consideration.

__________________________ (CHIEF OF OFFICE)

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(Trajectory Test)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Trajectory Test Director, PNP Crime
Laboratory

1. Request conducts explosive examination on the accompanying specimen to determine

the trajectory. a) b) c) d) e) NATURE OF CASE : VICTIM SUSPECT TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of examination result for
our reference. 3. For consideration.

_____________________________ (CHIEF OF OFFICE)

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(Ultra-violet Test)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Ultra-violet (Fluorescence Powder) Test
Director, PNP Crime Laboratory

1. Request conduct examination on the person of (name of arrested suspect), (age),

(civil status), (occupation), and resident of _______________________________who
was arrested during entrapment operation conducted at about (time) in the evening
at___________________________________________, ____________. a) b) c) d) e) NATURE
OF CASE : VICTIM SUSPECT TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of examination result for
our reference. 3. For consideration.
_______________________________________

(CHIEF OF OFFICE)
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(Toxins Examination)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Toxins Examination Director, PNP Crime
Laboratory

1. Request conducts toxins examination on the accompanying specimen to determine

the poisonous ingredients. a) b) c) d) e) NATURE OF CASE : VICTIM SUSPECT
TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of examination result for
our reference. 3. For consideration.

___________________________ (CHIEF OF OFFICE)

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(Burned Debris/Flammable/Volatile Substances)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Flammable/Volatile Substances Test
Director, PNP Crime Laboratory

1. Request conducts examination on the accompanying specimen to determine the

flammable/volatile substances. a) b) c) d) e) NATURE OF CASE : VICTIM SUSPECT
TDPO : : :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of examination result for
our reference. 3. For consideration.

____________________________ (CHIEF OF OFFICE)

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(Chemical Analysis)

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Chemical Analysis Director, PNP Crime
Laboratory

1. Request conducts chemical analysis on the accompanying specimen to identify the

component chemical substance. a) b) c) d) e) NATURE OF CASE : VICTIM SUSPECT TDPO :
: :

SPECIMEN SUBMITTED :

2. Further request that this Office be furnished a copy of examination result for
our reference. 3. For consideration.

____________________________ (CHIEF OF OFFICE)

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d.

Sample request Format of Fingerprint Examination

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Fingerprint Examination Director, PNP
Crime Laboratory

1. References: a. b. 2. Per above references, request conduct fingerprint

identification/latent print lifting and identification/fingerprint comparison on
the herein submitted specimen to that of the standard fingerprint taken from the
suspect ________________ to wit: a. Standard fingerprint specimen of
______________; and b. Questioned latent prints placed in _____________ with
markings ________________ 3. reference. Further request furnish this Division
result thereof for our investigative

_________________________ (CHIEF OF OFFICE)

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e.

Sample request Format of Questioned Document Examination

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Questioned Document Examination Director,
PNP Crime Laboratory

1. References: a. b. 2. Per above references, request conduct questioned document

examination/comparison on the herein submitted standard handwritings specimen to
that of alleged questioned document to determine whether it is authentic or not, to
wit: c. Standard handwriting specimen consist of ______ pages with markings
_______; and d. Alleged questioned document with markings _____ 3. reference.
Further request furnish this Division result thereof for our investigative

_________________________ (CHIEF OF OFFICE)

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f.

Sample request Format of Polygraph Examination

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for Polygraph Examination Director, PNP Crime
Laboratory

1. Request conducts polygraph __________________ (or following persons): a) b) c)

d) NATURE OF CASE : VICTIM SUSPECT TDPO : : :

examination

on

the

person

of

2. Further request that this Office be furnished a copy of examination result for
our reference. 3. For consideration.

__________________________ (CHIEF OF OFFICE)

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g.

Sample request Format for the Conduct of SOCO

Republic of the Philippines Department of the Interior and Local Government

NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE
_________________________________________ ___________________________ MEMORANDUM
FOR FROM SUBJECT DATE : : : : Request for SOCO Director, PNP Crime Laboratory

1. Request for the presence of SOCO Team to process the crime scene located at
_______________________. a) b) c) d) NATURE OF CASE : VICTIM SUSPECT TDPO : : :

2. Further request that this Office be furnished a copy of examination result for
our reference. 3. For consideration.

___________________________ (CHIEF OF OFFICE)

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8.4

LEGAL FORMS

a. Affidavit of Complainant b. Affidavit of Witnesses c. Affidavit of Arresting

Officers d. Application for Search Warrant e. Deposition of Witness f. Complaint g.
Memo for Preliminary Investigation h. Notice of Appeal i. Motion for
Reconsideration

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a.

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 ________________________.
___________, 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:

__________________________ __________________________
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b.

Sample of Affidavit of Witness

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

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

AFFIDAVIT OF WITNESS I, ________________________, age, civil status, resident of

__________________________, _________, after having sworn in accordance with law,
do hereby depose and state THAT: 01. I was present and personally saw that accused,
__________, committed the crime of ___________________________ against the victim
_______________; 02. both); 03. 04. (State the details of the acts committed by the
accused against the victim. (State the acts done by the witness and the reason
thereof); (State other circumstances and the relation either to the victim or
accused or

I executed this 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,
I hereunto affixed my signature this ___day of ____________ at ____________,
_______________. _______________________________ 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.
_____________________ Notary Public

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c.

Sample of 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. __________________________,
__________________; 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);
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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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d.

Sample of Application for Search Warrant

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____, MANILA PEOPLE OF THE PHILIPPINES Plaintiff SEARCH WARRANT NO._____
-versusFOR:

x------------------------------------------x APPLICATION FOR SEARCH WARRANT The

Applicant, ____________________ of the ________________________,
____________________, after having been duly sworn, states: That on _________.,
__________ personally appeared to the office of ________________ and reported that
SUBJECT OF S.W, located at __________________________________ is engaged in the
illegal operation of _______________________________; (See Photos and Sketch as
Annex “A”). That relative to the said information, at around ________, the informer
and _________ together with the undersigned conducted investigation and
surveillance operation at ___________________, located at
_____________________________, __________. The undersigned together with
____________ and _____________ inquires to the said office about _______________.
That on the said occasions, SUBJECT OF S.W, disclosed that they are (illegal
activities). (See photos & sketch and See Attached Calling Card, List of
Requirements, Studio Romano Job Order Form & MTC Job Information as Annexes “B” -
“C”) (modus operandi). Further, investigation conducted disclosed that
_________________________.

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On the ensuing investigation, SUBJECT OF SW, ________________found to be engaged in

the operation of illegal activities; That on the said investigation and
surveillance operation the undersigned confirmed and believes that SUBJECT OF SW
and/or any of its Officer, Agents, employees of
_____________________________________, __________ is indeed engaged in
________________________despite the fact that the said office is
________________and is not licensed to __________________. The properties,
articles, objects and items which are used and/or intended to be used in the
commission of the afore-stated offense in the possession of the SUBJECT OF S.W
includes the following: a. Leads b. .... The undersigned has personally verified
the report thru surveillance and investigation activities together with
_________________ and _______________, to ascertain the veracity thereof and found
the same to be true and correct; PRAYER WHEREFORE, the Undersigned respectfully
prays: a. that the Honorable Court include in the Search Warrant and express
authority to conduct the raid of the above-mentioned premises at any time of the
day or night including SATURDAYS and SUNDAYS considering that these are the days
when the customer traffic are at its peak and to break open the premises to be
searched should the owner thereof refuse entry in the premises or is absent
therein. b. that this Honorable Court cause the immediate issuance of a Search
Warrant commanding any Peace Officer to conduct a search on the above-described
premises and to seize the above-described items to be dealt with as the law
directs; (Date), (Place). ________________ Applicant SUBSCRIBED AND SWORN TO before
me this _______ day of _____________, ______ ______________________ Presiding Judge

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CERTIFICATION AND VERIFICATION

I, THE UNDERSIGNED, under oath, depose and say that: 1. 2. I am the applicant in
the above-entitled application for Search Warrant; I personally caused the
preparation of the foregoing application for Search Warrant and have read its
content and the allegations therein, which are true and correct to my own personal
knowledge and belief. I further certify that (a) I have not therefore commenced or
filed any application for a Search Warrant involving the same issues in any court,
tribunal or quasi-judicial agency and to the best of my knowledge, no such other
application for Search Warrant is pending therein; (b) If there is such other
pending Application for Search Warrant, I will therefore inform this Honorable
Court of the present status thereof; (c) If I should thereafter learn that the same
and similar application for Search Warrant has been filed or its pending , I shall
report that fact within five (5) days there from to this Honorable Court, wherein
the aforesaid application for Search Warrant has been filed. ____________________
Applicant Date: ___________________

3.

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e.

Sample of Deposition of Witness

Republic of the Philippines REGIONAL TRIAL COURT __________________________________

Branch ___________, Quezon City

PEOPLE OF THE PHILIPPINES Plaintiff -versus_________________________ Respondent

x------------------------------------------x DEPOSITION OF WITNESSES

SEARCH WARRANT NO.____

For _________________________

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

follow: QAWhat is your name and other personal circumstance? We are_______________
and _________________ both of legal ages, and (civil status) and presently assigned
with the _________________; Do you know ____________________, the applicant for
Search Warrant?

QAQAQAQAQ. A-

Do you know the premises of _____________________________,

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:
_______________

Do you know who is or who is the person or persons who have or have control of him
abovedescribed properties?

How did you know that the said properties are kept in his/her premises which are
subject of the offense? 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

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f.

Sample of Complaint

Republic of the Philippines Metropolitan Trial Court ____________

People of the Philippines vs

Criminal Case No.

Accused x--------------------------------x COMPLAINT The undersigned, Chief of

Police of ___________________, accuses _______________In the municipality of
____________________, province of _____________________________,Philippines, the
said accused did then and there, willfully, unlawfully, and feloniously, with
malice and aforethought, attacked _______________________ with ________, wounding
the latter in the _______________, producing wounds which are necessarily fatal,
thereby causing the immediate death of said _____________________________. Contrary
to law. ____________, __________________________, 20___.

____________________________ Chief of Police of ______________ SUBSCRIBED AND SWORN

before me this _____________th day of ____________ 20___________ in the province of
________________________.

________________________ JUDGE

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g.

Sample of Memo for Preliminary Investigation

Republic of the Philippines OFFICE OF THE CITY PROSECUTOR Manila Related to: I.S
No. Prosecutor ________________ ________________ _________________ I.S. No.
Prosecutor Date Filed __________________ __________________ __________________

MEMO OF PRELIMINARY INVESTIGATION

COMPLAINANT/S: RESPONDENT/S 1.______________________________ 1.

_________________________________ Address: _______________________ Address:
____________________________ 2. _____________________________ 2.
__________________________________ _____________________________
__________________________________ 3. _____________________________ 3.
__________________________________ _____________________________
__________________________________ CHARGE: 4. __________________________________
____________________________________________________________________ Place of
Commission 5. ___________________________________
______________________________________________________________________
______________________________________________________________________ Date
________________ Time ________________(Use back hereof for add, accused) Witness:
Name ________________________ Address ____________________________
_____________________________ ____________________________________
_____________________________ ____________________________________ NOTE:1. Has a
similar complaint been filed before any other office? (YES OR NO) 2. Is this
complaint in the manner of a counter-affidavit? ________(YES OR NO) 3. Are all the
above information true and correct _____________(YES OR NO) THE ABOVE SHOULD BE
FILLED UP BY COMPLAINANT OR COUNSEL Investigation on ___________________ Postpone
to ________________________ On relation of________________________
________________________________ (Signature of complainant or counsel)

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TAKE NOTE: Sufficient copies of the affidavit

********************************************* Of complainant and witnesses and
other Supporting document should be submitted.

ACTION TAKEN: ________________________________ Investigation Prosecutor

IMPORTANT! A complainant shall be required to file his complaint in the form of an

affidavit to which must be appended affidavit of witnesses, annexes and other
supporting documents. The statements of the complainant and his witnesses, shall
be, far as practicable, be sworn to before the investigating Prosecutor. If sworn
before any Officer authorized to administer oaths, the administering Officer shall
CERTIFY THAT HE HAS PERSONALLY EXAMINED THE AFFIANT AND THAT HE VOLUNTARILY
EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. Late resolution given to Stenographer
____________________________

______________________________ Investigating Prosecutor

_____________________________ Stenographer

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h.

Sample of Notice of Appeal

Republic of the Philippines __________________________________

_____________________

________________________ Complainant-Appellant, -versus_________________________

Accused-Appellee, x------------------------------------------x

Criminal Case No.____

For _________________________

NOTICE OF APPEAL COMES NOW the complain by the undersigned attorney and within the
reglementary period prescribed by the Rules of Court hereby files this notice of
appeal from the judgement of dismissal rendered by ___________________ of
____________ _____________, ______________________, _____________.
_______________________________ (Attorney for the Complainant)
_______________________________ (Address) Copy hereof received ________ this
___________ day of _________, ________ _______________________________ (Counsel for
the Accused)

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i.

Sample of Motion for Reconsideration

Republic of the Philippines __________________________________

_____________________

________________________ Complainant, -versus_________________________ Accused.

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

Criminal Case No.____

For _________________________

MOTION FOR RECONSIDERATION

COMES NOW the complainant by the undersigned attorney and within the reglementary
period prescribed by the Rules of Court hereby files this motion for
reconsideration from the judgement of rendered by ___________________ of
____________ by virtue of newly found evidence which was not obtained during the
trial of this case and if produce will substantially affect the decision of the
Honorable Court, to wit:

a. Newly found evidence b. New vital witness

PRAYER

WHEREFORE, it is most respectfully prayed that the instant petition be considered

by the Honorable Court and further grant the complaint other relief be granted as
shall be deemed just and equitable in the premises _____________,
______________________, _____________.

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_______________________________ (Attorney for the Complainant)

_______________________________ (Address)

Copy hereof received ________ this ___________ day of _________, ________

_______________________________ (Counsel for the Accused)

______________________________ (Prosecutor on Case)

EXPLANATION (Proof of Service)

_______________________________ (Attorney for the Complainant)

_______________________________ (Address)

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INDEX
A Abandonment, 3-88 Abduction, 3-130 Abortion, 3-56 Ab Initio, 3-71 Affiant, 5-107
Alarm, 3-18 Arbitrary, 3-1 Arrest, 3-182 Arson, 3-111 B Bail, 7-5 Beat Patrol, 3-57
C Cadaver, 3-187 Cadaveric Spasm, 3-58 Challenging to a Duel, 3-65 Chastity, 3-49
Coercion, 3-93 Complaint, 3-139 Complainant, 2-1 Conspiracy, 3-10, 3-11 Crime
scene, 1-6, 1-8, 2-2, 2-13 Crime, 3-7, 3-8 Cruelty, 3-137 Custodial investigation,
3-2 D DNA Test, 3-50, 3-71, 3-73, 3-86 E Evidence, 2-5, 2-6, 2-7 Estafa, 3-103, 3-
105 F Falsification, 3-20 First Responders, 5-19 Fraud, 3-26 K Kidnapping, 3-71, 3-
82 Kidnap for Ransom, 3-73 H Homicide, 3-53 I Infanticide, 3-55 In Flagrante
Delicto, 5-13 Investigation, 1-1, 1-2, 1-4, 1-6, 1-9 Investigator, 1-6 J
Jurisprudence, 7-1 M Malversation, 3-40 Murder, 3-52 O Offended party, 3-127 Open
Disobedience, 3-43 P Parricide, 3-50 Perjury, 3-26 Physical Injury, 3-137
PNP Criminal Investigation Manual

2010

Police Blotter, 1-1 R Rape, 3-69 Robbery, 3-94 S Search warrant, 4-12 Seizure, 4-17
Solicitation, 3-49 Suicide, 3-54 Suspect or suspects, 3-123 Swindling, 3-110 Sworn
Statement, 1-5 T Theft, 3-97 Threat, 3-152 V Victim, 3-157 Victimology/Victim
Profiling, 3-77 W Waiver, 3-5 Witness, 3-6