FUNDAMENTALS OF CRIMINAL INVESTIGATION

 A criminal investigator is the person who is in charge with the duty of carrying out the
objectives of investigation which are as follows: Identify the criminals, Locate the offender,
Provide evidence to prove his guilt and Act as a witness in favor of the prosecution.

 Qualities of an investigator:
o He must possess the ability to persevere despite the obstacles and the monotony of
investigation;
o He must possess the intelligence, skill and ability to obtain vital information easily;
o He must be incorruptible and honest;
o He must possess integrity;
o He must be resourceful and must know to adopt with all contingencies;
o He must possess a knowledge of human psychology;
o He must be a keen observer;
o He must possess a photographic memory to accurately retain information related to the
crime;
o He must have the power of imagination and foresight;
o He must be patient in dealing with witnesses and suspects to check the veracity of their
statements.

 The three tools of investigation are Information, Interrogation/Interview and Instrumentation.

 Information is the greatest tool for use by police investigators in the performance of their
duties. Police operatives would have to determine the peace and order situation, identify the
criminal offenders and subversive elements, locate them, and determine their theater of
operations in order to curtail their movements and activities. Investigators would have to
utilize all available information to aide them in making arrests, solving crime and succeed in
crime prevention. It is useful for them to know if certain criminal activities are increasing, if
that's the case identify where they are occurring and who is the most likely to be committing
them.

 Interrogation refers to the vigorous or forceful questioning of a person who is reluctant or

unwilling to reveal and divulge information. Usually administered to suspects and their
relatives and known associates. Interview – a simple questioning of a person who cooperates
willingly to the investigator. Usually they are informants and witnesses.

 Instrumentation – Refers to the application of methods and applied sciences such as

ballistics, dactyloscopy, polygraphy, forensic medicine, forensic chemistry, questioned
documents and photography in the detection of crimes and establishing the link between the
suspect and the crime and placing them in the crime scene.

 Characteristics of Criminal Investigation: Criminal investigations are usually reactive in

nature, which means that they proceed with the case immediately after a crime has been
committed.

 Criminal Investigators generally work with deductive logic. This is done by logical progression
through sequence of event, from the general to specific. An example would be collecting
evidence from the crime scene, interviewing any witness, checking a suspect's criminal
records among others.

 Investigation case files are considered as open files. They contain information developed for
the purpose of eventually making an arrest and gaining conviction in the court of law.

 Confession and Admission by the criminal himself: Confession is an expressed

acknowledgement by the accused in a criminal case, of the truth of his guilt as to the crime
charged, or of some essential thereof. The declaration of an accused expressly acknowledges
his guilt of the offense charged is a “statement of guilt” and maybe used as evidence against
him.

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 A confession is different and can be distinguished from admission. A confession is a
declaration of the accused that he had committed or participated in the commission of crime
and therefore a “statement of guilt” while admission is a “statement of fact” usually applied in
criminal cases which do not directly involve an acknowledgement of guilt or criminal intent.

 Kinds of Confession:

o Extra Judicial confession – Refers to a confession made outside the court during
preliminary investigation before trial.

o Voluntary extra judicial confession -a confession outside the court and before the trial is
said to be voluntarily when the accused person made the declaration of guilt in his own
freewill, without the influence of others or given not as a result of force or intimidation,
violence, threat or promise of reward or leniency. This confession is voluntary and
naturally admissible in court as evidence.

o Involuntary extra judicial confession -This is the confession done outside the court or
before the trial wherein the accused person made the statement which is not of his own
free will or influenced by other person or given as a result of force or intimidation,
violence, threat or promise of reward or leniency. This confession is not admissible in
court as evidence because it violates the human rights of person to speak freely and his
right not to be compelled to be a witness against himself.

 Judicial Confession - A confession made inside the court during trial. It is usually voluntary
and therefore an admissible evidence of high degree.

 Identification by means of witnesses: Accuracy of identification by eye witness accounts would

depend on the following factors: The ability of the witness to remember the distinct
appearance of the suspect; The prevailing conditions of observation and visibility when the
crime was committed; and The lapse of time between the crime commission and the
identification process.

 There are generally three (3) methods by which an actual witness or persons, who have
personal knowledge regarding the commission of the crime and the identity of the offender,
can make their perception useful to police investigators.

 By means of Verbal Description: This particular method would rely or depend on the ability of
the witness to clearly describe and to narrate the participation of the suspect with that of the
crime. The facial characteristics, color, size and body built of the suspect or suspects are to be
depicted. An artist sketch must be utilized to enable the witness to properly identify the
suspect. The composite would come from a chart which contains representation of various
human features.

 By means of “Police Line Up”: This is utilized in identification of suspects when one ore more
suspects is under police custody. From a group of persons gathered in a special room
equipped with a one way mirror, the witness has to select from a group of seven (7) to ten (10)
persons the suspect. Its objective is to eliminate the power of suggestion. In this method, the
witness is to be informed that one among the members of the line up is the suspect. If there is
more than one witness, the identification process is to be done separately and they are not
being permitted to communicate with each other. The decision or choice of the witness should
not be made known to the suspect.

 By means of Rouge Gallery: This method is more commonly known as identification by

photographic files. The witness would be assisted to the Photo laboratory which contains a
data base of photographs of known criminals. Should any of the picture calls the attention of
the witness that the person in the photograph strongly resembles that of the suspect, the
investigator must be notified. Another similar method is identification by means of general
photographs by which features of the face and body built as well as peculiarities are
illustrated to help the witness identify the suspect.

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 Identification Based on Evidence: This method of identification relies on circumstantial and
associative evidences which prove some facts concerning the case. This indirect identification
would lead to the inference of the suspect’s identity.

 Circumstantial Evidence: To produce conviction of the accused, the following must concur:
There should be more than one circumstances present; The facts from which the inferences
are derived must be proven; and The combination of all the circumstances is such to produce
the quantum of evidence which is beyond reasonable doubt. Circumstantial evidences may be
derived from motive, opportunity and intent.

 Motive: Refers to the moving power which compels one to action for a specific and definite
result. Normally, motive may be established by the testimony of witnesses on the statements
or acts of the suspect, before or immediately after the commission of a crime. Proof of motive
alone is not sufficient to support a court conviction; lack of motive on the other hand may be
useful in showing the innocence of the accused.

 Opportunity: Refers to the physical possibility, likelihood or chance that the suspect has
committed the crime. It may be inferred from the following: The suspect is within the vicinity
of the crime scene at the time of its commission; Awareness of the criminal objective; and the
absence of an alibi or excuse on the part of the suspect.

 Intent: Refers to the purpose to use a particular means to effect a result. This must be proven.
Intent is always presumed from the commission of the unlawful act. It assumes the exercise
of freedom and the use of intelligence. It may be manifested by the overt acts of the suspect.
Lack of intent to commit a crime may be inferred from the facts surrounding the crime.

 Associative Evidence: Refers to physical proof which may make out the identity of the
perpetrator by means of personal properties, clues, characteristics construed from the
arrangement of the objects at the crime scene.

 Garments, tools, fingerprint impressions, blood stains, hair fibers, wallet among others may
be left by the criminal in the attempt to elude the police officers who may immediately
respond to the crime scene after its commission and subsequent discovery.

 Members of the SOCO team and the investigators handling the case may be able to
reconstruct the events which lead to the commission of the crime and infer how the crime
was committed.

 Identification by MODUS OPERANDI – Devised by Maj. Gen. Lewely Atcherly it operates under
the theory “that it is human nature that personal habits and mannerism do not change easily
but remains with the individual for years”. The term signifies the method of operation or the
distinct manner of how crimes are committed by known criminals. The modus operandi file
will assist investigators to recognize a pattern of criminal behavior and would enable them to
predict to a certain degree the next target of criminals with known style. The files constitute
those of known and unknown criminals.

 Kinds of Informants: Informants would refer to those persons who furnish police officers
communicated knowledge on matters directly and indirectly involved with criminals, their
identity and the crimes that they commit.

 They are classified as follows:

o Ordinary informants – Usually of the anonymous type, in dealing with such persons it is a
must for the investigator not to reveal facts which are already at the disposal of the police.

o Mercenary informants – They refer to those paid informants who give information for
valuable consideration.

o Rival elimination informants – They are persons who give information to the police to do
away with competition.

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 o Double Crosser informants – Gives information to investigators in the attempt to gather
for himself facts related to the case.

o Voluntary Informants – Are persons who give information to shed light to a particular
case. Also referred to as legitimate informants, they usually refer to operators of known
businesses who do not want their establishments associated with criminal elements.

o False informants – Refer to those persons who give information which are concocted out of
thin air. They give facts which are fictitious with the attempt to deviate police efforts of
investigation from himself or any of his associates.

o Self aggrandizing informants - Are usually members of the underworld who give bits of
information with the desire to please himself and gain attention.

o Frightened informants – Refers to those persons compelled by self-interest and fear.

 Motives of Informants in giving Information:

o Vanity- The informant often takes matters into his own hands. This may result in the
compromise of the case and may endanger the life or safety of the law enforcement
officers. This informant is primarily motivated by greed.

o Civic mindedness- This is altruism, they are motivated by unselfish regard for or devotion
to the welfare of others.

o Fear- An informant who anticipates danger to himself or his family cooperates with law
enforcement officers to keep him away from harm.

o Revenge - A strong cause which leads an individual aligning against his closest and most
intimate association. Usually characterized by hatred.

o Repentance- The desire to repay society for past transgressions usually occurs with such
informants.

o Renumeration- Mercenary Informants engage in giving information with financial reward

or monetary consideration. They are the most dangerous because they sell information to
the highest bidders and often work as double informants to both sides.

o Perversity- their purpose is to eliminate competition, set-up decoys, learn the nature of
police investigative activities and distract the efforts in information gathering.

o Jealousy; Avoidance of punishment and Gratitude.

 Tracing and locating criminals by surveillance. Surveillance- It is the disguised or secret

observation of places, persons and vehicles for the purpose of obtaining information
concerning the movement, identity and activities of the known criminals and their associates.

 Preliminary Survey of the place of surveillance: A careful study of the surrounding should be
made. The character of the neighborhood, its residents and transient population and selection
of suitable observation points. Such as using or renting nearby rooms or business
establishment or remaining outdoor and posing as a person who conduct his trade in such
areas.

 Surveillance of places. In conducting observation of known locations where criminals operate

and hide familiarization with the area, terrain and location is undertaken by studying them.

 Shadowing or tailing – This refers to the act of following another person whether by foot,
automobile or by using helicopters.

 Kinds of Shadowing : Rough shadowing – This is conducted with less special caution since the
object or target knows that he is being followed by the police for his protection.

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 One man shadow – The most common form since it utilizes the use of least number of
personnel. This is usually conducted by means of following the subject on foot. All the details
which pertain to the place where the subject went, the persons and associates the subject
came into contact as well as their general description must be well noted by the person
conducting the one man shadow.

 Two man shadow – This form of shadowing enables a change of operatives which would make
it hard for the subject to easily recognize them. This is more advantageous than the one man
shadow system.

 Three men shadow – Also referred to as ABC Method this involves more personnel hence
signals which are predetermined and plan for following the subject is pre arranged.

 Loose tail – A type of shadowing wherein the habit, general impression and associates of the
target must be ascertained.

 Close tail – This is conducted with more precaution than any other kind of tailing and
constant surveillance is needed so as not to loose the subject.

 Roping – Is a form of police undercover work wherein the investigator assumes another
identity in order to obtain information which relates to the identity and whereabouts of
criminals.

 Tracing and locating criminals by undercover Operations: In conducting undercover

operations to trace and locate the suspects a careful and thorough study of the target or
subject should be made.

 A Criminal Investigation Database is used to record and organize information gathered during
many serious crime investigations. Intelligence-lead policing and analytical computer tools are
increasingly used to help police detect and suppress crime.

 Crime mapping is a computer tool that presents police with information on where certain
crimes are being committed. Link charting enables detectives to plot the relationships
between criminals and their activities.

 The scene of crime must be cordoned off so as to protect the integrity of the place and prevent
contamination and mutilation of evidences from unauthorized persons and intruders.
 An ideal cordon should be composed of three barriers, the outermost one is set up to keep off
curious onlookers; the second barrier would allow entrance only to law enforcers, government
officials, and members of the press; the innermost cordon is primarily intended to be accessed
by those persons directly involved in the case, such as the investigator handling the case and
members of the SOCO team.

 After cordoning the area the crime scene search must be undertaken. The immediate
environment must be scrutinized and inspected for possible clues which may shed light to the
case.

 The focus of the search should concentrate on the following: Evidences which establish the
element of proof that a crime was committed, primarily the corpus delicti; evidences which
may serve to trace the criminal and evidences which may tend to establish the pattern or
modus operandi of the criminal.

 Kinds of physical evidences which should be gathered: Corpus delicti – Also known as the
body of a crime, this would establish that a crime was committed. E.g. The dead body in cases
involving homicide, murder, parricide and infanticide; The proof that an object was stolen or
lost in case of theft and robbery; The burned materials in arson cases and the likes.

 Associative evidences – This would refer to evidences which may link the suspect to the crime
scene. E.g. fingerprint impressions, blood stains, seminal fluids, fibers, hair and the like.

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 Tracing evidences – This would include items which tend to establish the identity of the
suspect such as wallet, identification cards, receipts, and other personal items.

 The following are the various methods for searching evidences at the crime scene: The
Quadrant Method – Also known as the zone method this method of search is conducted
wherein the crime scene is divided into four quadrants with one searcher assigned to each
area.

 The Strip Method – Also known as the Grid method is conducted when searchers proceed
simultaneously along the trail parallel to one side of a rectangle. At the end area, the
searchers turn and proceed back along new trail but parallel to the first movement.

 The Spiral Method - This method is undertaken when the searchers follow each other in the
trail of a spiral which starts on the outside and moving towards the center.

 The Wheel Method – This method is ideal for crime scene areas which are oval or circular in
form. Wherein the searchers gather at the center and move along the spokes or radii.

 Crime Scene Investigation is the conduct of processes, more particularly the recognition,
search, collection, handling, preservation and documentation of physical evidence to include
the identification and interview of witnesses and-the arrest of suspect/s at the crime scene.

 Upon receipt of a report/complaint of a crime incident, the desk officer shall: Record the time
the report/complaint was made, the identity of the person who made the report, place of the
incident and a synopsis of the incident. Inform his superior officer or the duty officer
regarding the report.

 First Responder - any police officer who first arrives at the crime scene and shall endeavor to
protect and secure the same as follows: Cordon off the crime scene with whatever available
materials like ropes, straws, human barricade, police line, if available, etc.; Evacuate injured
persons to the nearest hospital; Prepare to take the "dying declaration" of severely injured
person, if any; Prevent entry/exit of persons within the cordoned area; and Prepare to brief
the investigators of the situation upon their arrival.

 Crime Scene Investigation Proper –

o Receipt of Briefing and Designation of Command Post.
o Initiation of Preliminary Survey.
o Preparation of Narrative Report.
o Documentation of the Crime Scene.
o Crime Scene Sketches
o Detailed Search.
o Collection of Physical Evidence
o Conduct of Final Survey.
o Release of the Crime Scene.

 Methods of Preserving Evidence: Photography and Sound recording - The use of camera and
tape recorder are very valuable tools to preserve the evidence. In photography, the position,
size and the relation of identifying marks to the main object should be considered while the
declaration in the tape recorder can be erased so that it is then necessary to transcribed in
writing the statements of a dying person.

 The following photographs are necessary to be taken at the crime scene:

o Environmental photograph – This is intended to show the relative location and distances
at the crime scene.

o Overall photograph – This should contain at least four general view of the scene executed
in a clockwise direction.

o Photograph of the body – In homicide cases is necessary to show the relative position,
relation of the body with the surrounding. After removal of the body from the crime scene,

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 another setoff photograph intended for identification purposes and close up picture of the
wounds are taken.

o Photograph of evidences – Before removal at the crime scene each item and evidences
should be individually photographed to establish the relation of such materials with the
place where the crime was committed.

o Photograph of the search and collection of evidence – The significant portions wherein
evidence was discovered as well as the special techniques employed in locating them
should also be taken.

 Uses of sound recording in preserving evidence: Dying declaration, Identity of the voice in a
person, Identity of my sound related to the crime in dispute.

 Sketching - It is a rough diagram or drawing or krokis of the object, person or place of issue
in a paper. An estimate representation of the position, location, size and the relation of the
identifying marks and the adherence to the object maybe written in a paper. The sketching
maybe exemplified usually in motor-vehicular accidents and in criminal cases by the
investigator.

 The person who makes the sketch must include the following elements:
o Measurements even to the most minute detail;
o Scale showing the actual proportion of the drawing with that of the crime scene;
o Legend which would explain the symbols and marks used to identify objects included in
the sketch;
o Title which would include case, scene portrayed, victim, location, date and hour made and
the identity of the sketcher.

 The following sketches must be made by the police investigator handling the case:
o Sketch of locality or area where the crime was committed including its immediate
environment.

o Sketch of ground would depict the crime scene and its adjacent surroundings.

o Sketch of details which would depict the immediate crime scene revealing the details as to
how the crime was committed, the location where evidences were manifested and
discovered and its impact on the surroundings.

 Kinds of Sketch:
o Rough sketch – this rough draft or outline is made by the investigator at the crime scene
where no scale and proportion is required and approximation is resorted to. This would
serve as the basis of the finished diagram.

o Finished sketch – this draft is made for courtroom presentation where proper scale and
proportion should be detailed.

o Outline Sketch – generally indicate the dimensions and shape of the crime scene and
which are used as interview aid.

 Description - It is a narration of the subject matter of issues which depicts the size, color,
design, quality, character, location and shape of the thing to be described.

 Testimony from witness - An oral or written statement from the witness about the subject
matter of issues. This is not a good means of preserving evidence because the witness may
omit, add or change the statement when confronted again.

 After gathering of facts and evidences, the items and articles from the crime scene are to be
marked, sealed and labeled accordingly. In solid evidences, the marking should not be placed
where the traces exist.

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 A stylus or any sharp object may be used for placing identifying marks on hard objects. For
absorbent items and materials such as garments, beddings and the like, pencil, pen or ink is
commonly used. In sealing gathered evidences in their respective containers, a masking tape
is commonly used signed by the investigator or the person who gathered the evidence
indicating the date when it was collected.

 The seal should be placed in the container in order to ensure that it cannot be opened without
breaking the seal.

 In labeling collected evidences, the following information must be placed in the tag:
o Case number;
o Date and time of discovery and collection;
o Name and description of article;
o Signature of the person who collected the evidence.

 As a standard procedure, in the care and handling of evidence should always follow the MAC
Rule so as to preserve its evidentiary value. M – Do not mutilate evidences. A – Do not alter
evidences. C – Do not contaminate evidences.

 To preserve the credibility and integrity of gathered evidences, the following must be observed:
The evidences gathered must be properly identified; The chain of custody of the evidence must
be established; and It must be competent as to its relevance and materiality to the case.

 The Chain of Custody pertains to the number of persons who have accessed to the evidence
on hand, from the time it was discovered, collected, stored, examined until its presentation in
court. As a rule, the chain should be kept to a minimum and for its proper transfer;
acknowledgement and receipt must be accomplished and duly recorded.

 Interrogation refers to the vigorous questioning of a person suspected of having committed an

offense or having taken part in it either as an accomplice or an accessory. They are most
reluctant to make full disclosure due to the fear of being of being punished to the full extent of
the law. Interrogations are conducted primarily to obtain confessions and admissions which
would hasten the final disposition of the case.

 In addition to such goals the identity of the others who took part in the commission of the
crime, as well as their location and the recovery of the object or fruit of the crime is of vital
consideration. During the conduct of interrogation, the behavior of the investigator should
manifest confidence. His mood should be retained pleasant not unless temper getting out of
control is part of his strategy to obtain confession.

 Clash between the investigator and subject should be avoided. The usual approach used is
the question and answer type wherein the investigator should possess a great deal of
knowledge concerning the case to draw and elicit a confession and favorable facts from the
subject.

 Basic guidelines to the investigator during interrogations:

o The investigator should always dominate the interrogation.
o Distractions should be avoided during the conduct of the interrogation.
o As to the means of communication or language used, the investigator must be able to
converse in manner which the subject understands and can easily relate to.
o The use of civilian attire among investigators conducting interrogation would give
favorable responses and may establish rapport and trust between them and the subject.
o Before the conduct of the interrogation, the constitutional rights of the accused must be
explained to him and the rights of the subject are respected so as not to pose any violation
of the law by the police investigator.
o As to the place where the interrogation is to be conducted, the place should be able to give
psychological advantage to the investigator.
o Witnesses are necessary once the subject is ready to give confessions.

 The ideal interrogation room: To be able to ensure that no distractions and a free flow of
communication between the investigator and the subject the following conditions must

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 concur: Simplicity – The interrogation room should be of medium size, with bare walls and a
limited number of furniture should be placed. Too many objects tend to distract the attention
of the subject.

 Privacy – The interrogation room should be sound proof and may only be accessed by using
one entry and exit door. This condition would establish in the mind of the subject that they
are the only persons hearing the conversation. Such privacy would aide in the free flow of
information.

 Use of technical aides – One way mirror, audio and video recording devices should be installed
but the apparatus must be hidden.

 Distance between the investigator and the subject – The person under interrogation should be
seated well and that there must be no intervening furniture between him and the investigator.

 As a common practice, they are seated facing each other and only a small table for writing
purposes is placed between them.

 Techniques employed during interrogation: The choice of the strategy and style of
interrogation would rely mainly on the personality and character of the subject and the
nature of the crime committed.

 Friendly approach - In this strategy, the investigator should be able to establish that they are
willing to help the suspect and avoid harsher penalties. He must be seen as a friend, a
brother and an adviser. He must be able to relate to the subject that several justifying,
mitigating circumstances are allowed by our courts and those would be applied to the subject
whenever appropriate with the help of the police. To further induce this situation the “good
and bad cop” or “mutt and jeff” tactic is used.

 Sympathetic approach – Also known as emotional appeal is a technique wherein the

investigator acts as a psychologist who would listen to the problem, provide counseling and
create in the mind of the subject that the police are willing to help and understands the
situation which lead to the commission of the crime. This would in turn develop trust and
confidence of the subject to the investigator and would aide in obtaining a confession.

 Anxiety approach – Using this strategy would create an emotional confusion on the part of the
subject which will disturb and distract him and in turn would hamper his ability to answer
untruthfully. This anxiety may be increased significantly by using any of the following:

 Exaggerating fear. This would make the subject believe that the best remedy is for him to
confess and obtain a lesser penalty in court upon confession and judicial admission.

 Pleading to a lesser offense. The investigator in cases involving one or more offenses or
complex crimes would establish in the subject that pleading guilty to a lesser offense would be
more advantageous and obtain favorable court’s discretion as opposed to not admitting to
anything which in end would implicate the subject to a more serious offense.

 Line-up method – This technique when used will establish cooperation since the complainant
and witnesses will pin point the subject as the one who committed the crime.

 In the case of Gamboa v. Cruz (162 SCRA 642), the petitioner had not yet been made to
answer for a criminal offense when he was identified by the complainant at the police line-
up. The Court held that in this instance, the police line-up was not part of custodial
investigation and therefore the right to counsel did not attach at that time. The Court held
that when the procedure has not yet shifted from the investigatory to the accusatory as when
police investigation does not elicit a confession, the accused may not yet avail of the services
of his lawyer. The Gamboa ruling was restated in the case of People v. Santos (236 SCRA 686;
1993), wherein the Court noted that there was nothing in the records of the case that would
show that in the course of the line-up, the police investigators sought to extract any
admission or confession from the accused.

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 In the US case of US v. Wade (908 U.S. 218; 1957) however, which involved a post-indictment
line-up, it was held that the absence of counsel during the line-up was a violation of the
accused's rights. The Court held that the post-indictment line-up was a crucial stage of the
prosecution at which the accused was as much entitled to the aid of counsel as at the trial
itself.

 Split pair method – Also know as bluff method is utilized when there are two or more culprits
and stating to the subject that the others have already confessed and directly linked him/her
with the commission of the crime.

 Reverse line up method – This is undertaken by requesting the subject to join a police line up
in which several persons will point to him as having committed fictitious offenses. As a result
of which, the subject may tend to confess to the real offense of which he has taken part of.

 By common practice, an interview is to be conducted on cooperative witnesses or persons who

possess knowledge of the case. A significant part of the inquiry is devoted to investigation.

 The person conducting the interview, usually the investigator must have a keen sense of
observance and possess a general knowledge of human behavior and psychiatry.

 The interviewer must be able to establish rapport with his subject to gain the latter’s trust
and confidence. His personality must be strong and forceful. In addition, he must have good
communication skills and must possess persuasiveness, insight and tact to be able to draw
the necessary information from witnesses which are vital to solving the case.

 In conducting interviews the narrative type is usually employed allowing witness to recount
the circumstances concerning a crime without interruption.

 Classification of subjects and how to deal with them when interviewed:

o Boasting type – They refer to those subjects who tend to exaggerate facts concerning the
case and would certainly draw attention to his significance. The interviewer should be
patient and use flattery due to the fact that they are good witnesses.

o Deceitful type – They tend to tell lies during the conduct of the interview and should be
allowed to talk freely to establish falsehood. The discrepancies and inconsistencies would
be useful in extracting the truth once threatened with perjury and obstruction of justice.
In turn, they would furnish the investigator facts and matters relevant to the case to avoid
legal problems.

o Disinterested type – They refer to witnesses who are indifferent, apathetic and
unresponsive. Subjects under this type should be stimulated make them aware that they
are important to solve the case.

o Honest type – They refer to cooperative and useful witnesses, the matters that they would
disclose to police investigators are most helpful in bringing the offenders to justice.

o Know-nothing type – They are persons who are reluctant and unwilling to serve as
witnesses. Intensive but warm and persistent questioning should be employed.

o Talkative type – They tend to dominate the interview, the investigator who serves as the
interviewer must be able to direct or shift the subject’s energy toward those facts and
matters useful to the case under investigation.

o Timid type – They are persons who are apprehensive, shy and fearful to give information.
The interviewer should be able to impart to such types that their identity would be kept
confidential and they will be protected with the full force of law.

o Suspicious type – This type are dominated by fear and worry. The interviewer must be
able use psychological pressure to develop in the mind of the subject that non-
cooperation would be disadvantageous to him and get him into trouble with police
authorities.

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 How to conduct interviews? Several stages and preparations should be undertaken to ensure
that smooth, free flow and voluntary facts and information may be drawn from witnesses. 1 st
phase: An investigator assigned to conduct the interview must as a general rule review the
circumstances surrounding the case; he must also consider and acquaint himself with the
subject. As to the time element, interviews must be conducted as soon as practicable during
the initial stages of investigation at a time when the facts concerning the case is still fresh in
the mind of the witness. In reference to the place where interviews are to be conducted, the
venue chosen should be able to create an atmosphere where a psychological advantage would
be given to the interviewer.

 2nd phase: The approach or first meeting with the subject should cover a brief and truthful
introduction. The investigator should reveal his identity as well as his authority in conducting
the interview so as to avoid confusion, misrepresentation and misunderstanding. This stage
would create in the mind of the subject that his/her time and effort is not in vain and that
revealing the truth concerning the circumstances surrounding the case of which he has
witnessed would shed light and aid in the administration of justice.

 3rd phase: Initial conversation should be conducted to develop an atmosphere of trust and
confidence between the interviewer and his subject. It should be cordial and warm and that
the witness should not be interrupted in stating the facts known to him/her.

 4th phase: After the brief narrative, the investigator must make it clear to the subject the
matters and facts which are of value or material to the case at hand. When questioning the
interviewer must be able to easily determine conflicting details as to the narrative and that of
the question and answer part of the interview. It is a sound idea that conversations that take
place should be recorded for future references. In addition, the investigator should take notes
on material aspects which concern the elements of the crime the participation of the suspect
as seen by the witness to draw a useful conclusion.

 Basic Guidelines in the conduct of the interview:

o To avoid confusion, multiple questions should not be asked one after the other.

o In questioning the subject, the questions directed to them should be devised in such away
as to avoid giving queries with implied answers. Such questions impede the free flow of
perception as witnessed by the subject.

o Qualified answers should be answered and the interviewer should not be contented with
yes or no answers to fully give an account of the circumstances surrounding the case.

o As a rule, simple questions must be asked.

o The investigator conducting the interview should not embarrass or ridicule the subject on
account of poor judgment, stupidity or any inadequacy to avoid creating resentment.

 Rules to be observed during custodial investigation: Custodial Investigation shall refer to the
stage where the investigation conducted by law enforcers is no longer a general inquiry to into
an unsolved crime and has begun to focus on a particular suspect who had been taken into
custody by law enforcement officers who carry out a process of interrogation that lends itself
to eliciting incriminating statements. It shall also refer to instances when suspect is taken
into custody or otherwise deprived of his/her freedom of action in any significant manner.

 Custodial Investigation shall also include any questioning or probe involving a person
"invited" by a law enforcement officer in connection with an offense he/she is suspected to
have committed. It is the investigation of a suspect arrested without a warrant; as such the
police are duty-bound to file a case against him within the reglementary period, strictly
adhere to his constitutional rights.

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 Rights of the Suspect under Custodial Investigation - the following rights of the arrested
person shall be observed by the investigator during custodial investigation as embodied under
RA 7438.

 The suspect shall be appraised of his rights (Miranda Doctrine), to wit: That he has the right
to remain to silent; That if he waives his right to remain silent, anything he says can be used
in evidence for or against him in court; That he has the right to counsel of his own choice;
and that if he cannot afford one, he shall be provided with an independent and competent
counsel; and That he has the right to be informed of such rights.

 Waiver - in the event that the suspect waives his right under Art 124 of the RPC, such waiver
must be made in writing and duly signed by him and by the counsel of his own choice or by a
competent and independent counsel provided for him if he can not afford one.

 Detention - Detention prisoner/s shall be locked up as may be necessary to secure his safety
and prevent his escape.

 Monitoring of Cases - an investigator's job does not end upon the filling of the case with the
prosecutor's office. It is imperative that the case be continuously monitored up to its final
resolution.

 Media Presentation/Press Conference - Presentation of arrested persons before the media or

the conduct of press conference in connection with such arrest shall be done only on the
following instances: When the arrest is by virtue of a valid warrant; When the arrest is made
"en flagrante delicto" or caught in the act and the crime committed is heinous. In short,
arrested persons for minor crimes even if caught in the act may not be presented before the
media; In cases of warrantees arrests, presentation before the media of arrested persons
under this category shall be done only after such arrested persons shall have been inquest
and that probable cause have been established by the investigating prosecutor or judge, as
the case maybe; and When the arrest is incidental to the service of a valid search warrant
issued by a competent court.

 Inquest Procedures shall refer to an informal and summary investigation conducted by a

public prosecutor in criminal cases involving persons arrested and detained without the
benefit of warrant issued by the court for the purpose of determining whether or not said
persons should remain under custody and correspondingly be charged in court. Where the
detained person does not opt for a preliminary investigation or otherwise refuses to execute
the required waiver, the investigation shall proceed with the inquest by submitting the
suspect before the inquest prosecutor to include sworn statements/affidavits of the
complainant and witness/es and other supporting evidence.

 The presence of the detained person who is under custody shall be ensured during the
inquest proceedings except the following circumstances:
o If he is confined in a hospital;
o If he is detained in a place under maximum security;
o If production of the detained person will involve security risk;
o If the presence of the detained person is not feasible by reason of age, health, sex and
other similar factor.

 Basic Requirements of Police Intervention Operations: Generally, all police intervention

operations (arrest, raid, search and seizure, checkpoint, etc) shall be conducted: With a
marked police vehicle; Preferably led by a Commissioned Officer; and With personnel in
proper police uniform

 ARREST: All arrest should be made only on the basis of a valid warrant of Arrest issued by a
competent authority, except in cases specified under the doctrine of citizen’s arrest. Arrest is
the 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 to be arrested shall not be subjected to any greater restraint than is necessary
for his detention.
 Arrests by Virtue of a Warrant of Arrest –

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 o It shall be the duty of the officer executing the warrant to arrest the accused without
unnecessary delay and deliver him to the nearest police station or jail.

o When making an arrest by virtue of a warrant, the officer shall inform the person top 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 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 practicable.

 When is a warrant of arrest not necessary? When the accused is already under detention
pursuant to a warrant issued by the; When the complaint or information was filed pursuant
to Rule 112, Sec. 7, i.e. a valid warrantless arrest; When the offense is penalized by fine
only. (Rule 112, Sec. 6 (c)) and When the accused lawfully arrested escapes or is rescued
(Rule 113, Sec. 13)

 Arrest Without a Warrant; when lawful - A peace officer or a private person may, without a
warrant, arrest a person:
o when, in his presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense;

o when an offense has just been committed and he has probable cause to believe, based on
personal knowledge of facts or circumstances, that the person to be arrested has
committed it; and

o 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 being transferred
from one confinement area to another.

 Duties of Arresting Officer in Case of Arrest without a Warrant :

o The arresting officer shall inform the subject or suspect, in the dialect or language known
to him, why he is being arrested, and of his right to remain silent and to have a counsel of
his own choice, to be informed of his authority and the cause of 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 and escapes; or flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such information will imperil the
arrest. The arrested person shall be delivered to the proper authorities without
unnecessary delay and within the time prescribed in Article 125 of the Revised Penal
Code, as amended (12, 18, or 36 hours, as the case may be).

o The person arrested without a warrant shall be delivered to the nearest police station or
jail, and shall be subject of inquest proceedings under Section 7, Rule 112 of the 2000
Rules of Criminal Procedure.

o If the person arrested without a warrant waives his right to remain silent under the
provisions of Art 125 of the Revised Penal Code and opts to give a statement and present
evidence for his defense, the arresting officer shall ensure that the waiver made by the
person arrested shall be in writing and in the presence of his counsel of choice.

 Physical Examination of Arrested Person/Suspect – Immediately after the arrest of a person

arrested by the court, or of a person ordered arrested by the court, or of a suspect under
investigation, he should be subjected to a physical examination by a medico-legal officer or, in
the absence of such medico-legal officer by any government physician in the area.

 Prior to his release or any change of custody, the suspect shall also be physically examined.

 Prohibitions - No torture, force, violence, threat, intimidation, or any other means which
violates the free will shall be used against the suspect. Secret detention places solitary
confinement (incommunicado) or other similar forms of detention shall be prohibited.

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 Record check - The officer shall make a record check for the possibility that the arrested
person is wanted for crimes other than that for which the same was arrested.

 SEARCH AND SEIZURES: Search Warrant Defined - It 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 any property described therein and bring it before the court.

 Constitutional Basis: Art. III, Sec. 2, 1987 Constitution: "The right of the people to be secure
in their persons, houses, papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched and the persons or things to be seized."

 Scope of the prohibition: The prohibition against unreasonable searches and seizures is
imposed only upon the government and its agencies tasked with the enforcement of the law.
It does not extend to acts committed by private individuals. Nature of Right against
unreasonable search and seizure: The right against unreasonable searches and seizures is
personal; it may be invoked only by the person entitled to it. Waiver of the right against
unreasonable searches and seizures may be express or implied, but only by the person whose
right is invaded, not by one who is not duly authorized to effect such waiver.

 Requisites for Issuance of Search Warrant - A search warrant shall be issued only upon
probable cause in connection with one specific offense to be determined personally by the
judge after examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and things to be seized.

 The following are the properties subject to seizures: Properties which are the subject of the
offense; Stolen, embezzled proceeds, or fruits of the offense; Objects including weapons,
equipment, and other items used or intended to be used as the means of committing an
offense; Objects that are illegal per se in plain view.

 Applications for Search Warrant - All application for search warrant shall be approved by a
duly designated officer. The application shall be recorded in a logbook. The application shall
indicate the following data:
o Office applying for the Search Warrant;
o Name of officer-applicant;
o Name of the subject, if known;
o Address/place(s) to be searched;
o Specific statement of things/articles to be seized;
o Sketch of the place to be searched.

 Authority Given to Officers in the Conduct of Search (Sec.7&13, Rule 126 of the 2000 Rules of
Criminal Procedure as amended) - In the conduct of search, if after giving notice of thus
purpose and authority the officer is refused admittance to the place of search, he may break
open any outer or inner door or window or any part of a house or anything therein to execute
the warrant or liberate himself or any person lawfully aiding him when unlawfully detained
therein.

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

 Validity of Search Warrant - The searched shall be valid for ten (10) days from date of
issuance. Thereafter, it shall be void.

 Receipt for the Property Seized - The officer seizing property by virtue of the warrant shall give
a detailed receipt for the same to the lawful occupant of the premises in whose presence the
search and seizure was made, or in the absence of such occupant, shall, in the presence of at

14
 least two (2) witnesses of sufficient age and discretion residing in the same locality; leave a
receipt in the place in which he found the seized property in the absence of the lawful owner.

 Valid Warrantless Searches and Seizures –

o Search incidental to lawful arrest;
o Search of moving vehicles;
o Seizure of goods concealed to avoid duties;
o Plain view search and seizure;
o Consented Search;
o Stop and Frisk;
o Administrative searches;
o Private searches;
o Border searches;
o Checkpoints.
 Procedure: Admittance to the place of directed search: The officer, upon reaching the place of
directed search, must give notice of his purpose and authority to conduct the search to the
lawful occupant of the place. If the officer is refused admittance, he may break open any outer
or inner door or window of a house or any part of a house or anything therein to execute the
warrant or liberate himself or any person lawfully aiding him when unlawfully detained
therein.

 Conduct of search : Upon admittance, the officer must conduct the search in the presence of
the lawful occupant of the premises or any member of his family, or in the absence of the
latter, two witnesses of sufficient age and discretion residing in the same locality.

 Failure to comply with this requirement invalidates the search. (People v. Gesmundo) Seizure
of property and issuance of receipt for the property seized once the property described in the
warrant has been found and seized, the officer must give a detailed receipt for such property
to the lawful occupant of the premises. In the absence of such occupant, the officer must
leave a receipt in the place in which he found the seized property in the presence of at least
two witnesses of sufficient age and discretion residing in the same locality.

 Delivery of property and inventory to the court: The officer must then make a return on the
warrant and deliver forthwith the property seized to the judge who issued the warrant,
together with a true inventory thereof duly verified under oath.

 The return on the search warrant shall be filed and kept by the custodian of the log book on
search warrant s who shall enter therein the date of the return, the result, and other actions
of the judge. (Rule 126, Sec. 12) A violation of these requirements shall constitute contempt
of court. (Rule 126, Sec. 12)

 Search incident to a lawful arrest : As a general rule, as an incident of an arrest, the place of
premises where the arrest was made can also be searched without a search warrant.

 PERMISSIBLE AREA OF SEARCH: (1) Person of the accused; (2) Premises or

surroundings within the accused's immediate control.

 PURPOSE: (1) A weapon held by the arrested person may be turned against his arresting
officer; and (2) The accused may destroy evidence to the crime if the arrested officer has to
first apply for a search warrant.

 You arrested a person without a warrant in the first floor of his house. Can you search the
second floor without a search warrant? No. The Nolasco v. Pano [ 139 SCRA 152] ruling was
reconsidered in Nolasco v. Pano [147 SCRA 509] which held that a warrantless search made
as an incident to a lawful arrest is to be strictly applied and absolutely limited only to a
search of the person and of the place where the arrest was made.

 Consensual / Consented Searches The requisites for a valid waiver or consented search are as
follows: The Constitutional right exists; The person involved had either actual or constructive
knowledge of such right; and There was an actual intention to relinquish the right.

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 Plain View : Requisites for a valid warrantless search under the plain view doctrine:
o Prior valid intrusion based on the valid warrantless arrest in which the police are legally
present in the pursuit of their official duties;

o The evidence was inadvertently discovered by the police who have the right to be where
they are;

o The evidence must be immediately apparent;

o Plain view justified the seizure of the evidence without any further search;

o The thing itself is illegal or prohibited. The plain view doctrine is not applicable in cases
wherein the subject items are not illegal per se, e.g. boy scout uniforms that are suspected
to be counterfeit items.

 Checkpoints and Roadblocks : In the case of Valmonte vs. De Villa (178 SCRA 211; 1989), it
was held that a warrantless search at a checkpoint or roadblock is legitimate for as long as
the vehicle is subjected to a mere visual search, and the occupants are not subjected to a
body search.

 Checkpoints Authority to Establish Check points - The establishment of permanent

checkpoints must always be authorized by the PNP and mannered by uniformed PNP
personnel assigned in the area. Other units directly involved in an operation may establish
mobile checkpoints in coordination with the commander of the unit/station in the area.

 Limitation of Searches at Checkpoints - Searches made at check or chokepoints shall be

limited to visual search and neither the vehicle nor the occupants shall be subjected to
physical search.

 An extensive search may be allowed only if the officers conducting thee search have probable
cause to believe that they would find evidence pertaining to the commission of a crime in the
vehicle to be searched and there is no sufficient time to secure a valid warrant.

 Private Searches : In the case of People v. Marti (193 SCRA 57; 1991), it was held that if a
search is made at the request or initiative of the proprietor of a private establishment for its
own and private purposes and without the intervention of police authorities, the right against
unreasonable searches and seizures cannot be invoked.

SPECIAL CRIME INVESTIGATION

 Crime scene often generates tracing evidence that leads to the apprehension of dangerous
criminals. Perhaps just as often though, potentially valuable evidence is destroyed or rendered
useless by careless behavior and handling at the crime scene. The scientific examination of
physical evidence is widely accepted as a critical element in the effort of law enforcement
agencies to conduct successful criminal investigations and prosecutions. The forensic science
field is an ever changing discipline holds the key for solving special crimes.

 In the field of special crime investigation, an investigator is the person who is tasked with the
duty of carrying out the objectives of investigation. This is a multi-various hob which involves
identifying the criminals, locating the criminal offender, providing evidence to prove the guilt
and acting as a witness in favor of the prosecution. In homicide cases, if the investigator
should happen to be the first responder officer, his primary task is the verification of death of
the victim.

 Responsibilities of a Homicide Investigator: The various responsibilities of the Homicide Detail

consists of investigating death related crimes, officer involved shootings, jail crimes, missing
persons reports and Internal criminal investigations. The detail, with the support of an
Investigative Assistant, Information Processing Technician and an Office Technician,
effectively responds to and process an abundant amount of cases. In addition, the supervising

16
 officer is available at all times, by telephone or pager in order to coordinate and expedite crime
scene response.

 Homicide investigators are also assigned death investigations in which the patrol officers or
coroner investigator believes suspicious circumstances exists. These cases may ultimately
prove natural death, suicides, accidental death, fire incidents wherein some victims die. It is
the duty of the homicide investigator to either include or exclude criminal wrongdoing.

 The Medical Examiner: The medical examiner is the central character in the forensic
investigation of crimes involving a victim. It is the responsibility of the medical examiner to go
to the crime scene, conduct an autopsy in cases of death, examine the medical evidence and
laboratory reports, analyses the victim's medical history, and put all this information together
in a report to aid the police investigator on case and the prosecutor.

 Forensic Scientists: Within the broad field of forensic science, there are many sub-areas, it
includes pathology which deals with the examination of body tissues and fluids, toxicology the
science or the study of poisons, including drugs, odontology which centers on the study of
teeth, psychiatry which deals with the study of the human mind, anthropology the study of
human beings, biology, chemistry, and physics.

 On every occasion it is suspected that drugs or poisons are involved in a crime, the medical
examiner must get hold of the services of a toxicologist. Toxicologists identify and distinguish
any drugs or poisons present in a person's body fluids, tissues, and organs. This type of
examination is conducted not only on the victim but, when possible, also on the suspected
perpetrator of the crime.
 Forensic odontologists scrutinize and characterize the teeth of unidentified bodies when
fingerprints or other identification is not obtainable. The dental charts of missing persons can
then be compared with the forensic odontologist's report to identify the body.

 Forensic anthropologists are skilled and qualified to determine the sex, height, weight, and
ethnic group of a deceased person from an incomplete body. Marks on the bones often imply
and reveal past injuries, diseases and occupational stresses suffered by the individual.
Investigators can identify a body by comparing old X rays and the medical history of a missing
individual with the findings of the forensic anthropologist.

 The medical examiner probes several dissimilar types of violent crime to determine whether a
violent death was an accident, a suicide, or a homicide/murder. In all cases, the medical
examiner must carry out an investigation of the crime scene and also an autopsy. In gunshot
wound cases, the medical examiner looks for gunpowder residues on the clothing of the victim
and around wounds. This information is used to approximate how far away the gun was when
the victim was shot and to resolve whether the gun was fired by the victim or someone else.

 In the case of knife wounds, the medical examiner must distinguish between a cut which is
an injury that is longer than it is deep and a stab wound which is an injury that is deeper
than it is long. The examiner also looks for defense wounds, cuts caused when an intended
victim take hold of the knife of an assailant in self-protection. Cuts, to a certain extent than
stabs, are more likely to occur in suicide incidents. More often than not the body has
numerous superficial parallel cuts, indicating repeated and hesitant trials before the
individual was able to make the final deep cut. These are called hesitation wounds, and they
indicate a suicide rather than a homicide, which characteristically consists of a single deep
gash.

 Medical examiners are also called upon to look into cases of asphyxiation indicating death
from lack of oxygen in the blood. Asphyxiation may be a result of a number of different
reasons, such as hanging, which may be an accident, suicide, or homicide, or strangulation,
which is clearly homicide. Obstruction of the victim's air passage by an object in the throat or
compression of the victim's chest by a person or an object is a consequence of asphyxiation.
Asphyxiation may be caused by the replacement of oxygen in the red blood cells by another
gas, manifested in cases of in carbon monoxide poisoning, which can be the result of suicide,
homicide, or accident. In a death involving carbon monoxide poisoning, a closed garage door
and no marks on the body are usually taken as a sign of suicide, whereas the presence of

17
 tools around the car and grease on the victim's hands indicates that it is an accidental death.
The presence of a wound caused by a blow to the head or the absence of carbon monoxide in
the blood of the victim would point to an attempt to make a homicide look like a suicide.

 Forensic science make use of sophisticated laboratory procedures to detect the presence of
substances in the victim, in the suspected criminal, or at the crime scene. For example, to
establish whether alcohol was involved in a crime, the amount of alcohol in the blood can be
measured in two ways. One is to measure the amount of alcohol exhaled in the breath of an
individual, which make known the concentration of alcohol in the person's blood. Latest
advances in technology have produced alcohol breath-testing devices so accurate that their
results are capable of providing evidence in court. Blood-alcohol level can also be determined
by actual blood tests, customarily through gas chromatography. In this technique, the blood
sample is vaporized by high temperature, and the gas is then sent through a column that
splits the various chemical compounds present in the blood. Gas chromatography make
possible the detection not only of alcohol but also of other drugs, such as amphetamine,
barbiturates, cocaine, and heroin.

 When a body is discovered in a river, lake, stream, or ocean and the lungs are found to be
filled with water, it must be resolved if the drowning occurred where the body was found or
elsewhere. A typical microscope that can magnify objects to 1500 times their actual size is
utilized to look for the presence or absence of diatoms, single-celled algae that are found in all
natural bodies of water. The absence of diatoms raises the likelihood that the drowning took
place in a sink or bathtub, not where the body was found, since diatoms are filtered from
household water during treatment.

 A scanning electron microscope that can magnify objects 100,000 times is used to detect the
minuscule gunpowder particles present on the hand of a person who has recently fired a gun.
These particles can also be chemically analyzed to ascertain and pinpoint their origin from a
particular type of bullet.

 Forensic investigation of substances found at a crime scene can establish the presence of the
suspect at the scene. One of the oldest methods of forensic science is dusting the scene of a
crime for latent prints made by the impressions of the fingertips left on surfaces touched
bare-handed. In one technique of obtaining a fingerprint, a technician spreads fine powder
over a surface with a brush or magnetic wand. The powder adheres to proteins secreted by
the sweat glands on the skin ridges of the fingertips. When the excess powder is removed, an
outline of the contours of the ridges is isolated. In other techniques, the print may be
chemically treated to expose the contours. Because no two fingerprints are exactly alike,
fingerprinting provides a positive means of identification. Computer technology now allows
law-enforcement officers to record fingerprints digitally and to transmit and receive fingerprint
information electronically for rapid identification, this is made possible by using the
Integrated Automated Identification System.

 Other evidences present at a crime scene may include blood, hair, semen or skin. Recent
developments in technology now make available scientists to look at the deoxyribonucleic acid
(DNA), or genetic material, of these substances to ascertain whether they belong to the victim
or to a suspected attacker. By means of a high-technology process known as the polymerase
chain reaction (PCR), a laboratory can quickly duplicate and/or multiply, the DNA from a
small sample of any of the aforementioned substances. This method produces an adequate
amount of DNA to compare with a sample of DNA taken from a suspected criminal. The
employment of DNA for such identification purposes is commonly referred to as DNA
fingerprinting.

 Human bite marks can also be used as circumstantial evidence. Since bites may be found
upon the body of a homicide victim or within pieces of food or other objects, such as chewing
gum, found at the crime scene. A forensic scientist can fill up the impressions caused by
these bites with liquid plastic. Upon hardening, the cast formed is an exceptionally accurate
duplication of the suspect’s teeth, which can be compared with a cast made from the teeth of
the assailant.

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 Necropsy report refers to the details discovered after an autopsy has been completed. It is
considered as the most significant portion of the autopsy as far as the abstractor is concerned
is the section entitled “Final Diagnosis”. It usually will describe the primary site, histological
type, extension and metastases of the tumor based on histopathology examination of the
tissues obtained after death. All of the major organs are examined unless the autopsy is
restricted to certain organs. All pertinent findings should be recorded. If the autopsy report is
based on gross observation alone (no microscopic examination) this should be noted.
However, as part of most autopsies, a histological examination of tissue removed from the
body will be performed routinely.

 Copy of previous medical history that should include: Known or estimate age; Time in
captivity or source and All clinical pathology. Gross necropsy report (with weight); provide a
list of frozen serum, tissue; Culture reports; Histopathology report.

 The scientific examination of physical evidence is widely accepted as a critical element in the
effort of law enforcement agencies to conduct successful criminal investigations and
prosecutions. The forensic science field is an ever changing discipline holds the key for solving
special crimes.

 Firearms Examinations. Firearms are identified through microscopic imperfections that are
produced unintentionally in gun barrels during manufacture. Subsequent use and wear
contribute further to a weapon's individuality. A bullet fired from a rifle, pistol or revolver,
therefore, has impressed on its surface the individual characteristics of the barrel through
which it was fired. Other parts of the firearm also possess individual characteristics. The
firing pin, breech face, extractor, and ejector come in contact with the cartridge case; hence,
cartridge cases may be scarred with unique markings that can be identified with a particular
gun. The material products of gunpowder combustion are expelled from the muzzle of a gun
in the form of a cone. If the distance between the gun and the object through which the bullet
passes is within specified limits, a microscopic or chemical examination of the area
surrounding the bullet hole may determine the distance from which the gun was fired at the
victim.

 Serological Investigations. Serology in its extensive sense is the study of body fluids in relation
to sickness and its treatment. In crime detection, serological procedures are applied to the
identification of a bloodstain; that is, to ascertaining its human or animal origin and its blood-
group classification. Suspects in violent crimes frequently claim that bloodstains on their
clothing, weapons, or automobiles have no connection to the crime. Serological tests on dried
bloodstains can establish whether the blood in question could have come from the suspect or
the victim.

 Toxicology. Toxicology may be defined as the science of poisons. Special techniques of

analytical chemistry have been developed for use in toxicological examinations. The difficulty
of separating poisons from other materials and of identifying them recurs constantly in a
crime laboratory. The specimens normally examined in cases of suspected poisoning are
tissue samples from vital organs, blood or urine, food, drink, and the suspected poison itself.

 Hairs and Fibers. A piece of hair or a few strands of fiber, when compared with known
specimens, may prove helpful in solving a case. For example, a fiber discovered on a cut
screen at the scene of a burglary may be associated with a suspect's jacket, or a hair found on
a suspected car in a hit-and-run case may help prove that the car struck the victim. An
examination of hair may disclose whether it is of human or animal origin. If of human origin,
it can be compared with hairs from a specific person's head or body.

 Mineralogical Investigations. The science of mineralogy is also utilized in crime detection. The
mineralogist examines soil, plaster, cement, brick, concrete, and glass for any evidence.
Mineral examination have shown that differences may be detected in soil composition. Soil
and dust found on a suspect's clothing and determined to be similar to that at the crime
scene help to prove the person's presence in that locality.

 Metallurgical Investigations make it possible to identify the source of an item—whether made

of metal, plastic, ceramic, or other material—found at a crime scene, and further, to resolve if

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 two similar items were fractured from each other, the nature of the force causing the fracture,
the direction from which the force came, and the time when the fragments became separated.
Metallurgical examinations can also determine how a metal item was manufactured, and
whether items found in different places were made at the same time and by the same
manufacturer. Such identification aids to trace the evidence to its owner. The metallurgist can
also restore altered or obliterated numbers on objects of any material.

 Document examination consists mainly of comparing questioned handwriting with known

handwriting to determine the writer's identity; it also includes the examination of hand
printing, forgeries, typewriting, inks, paper, indented and eradicated writing, rubber-stamp
impressions, charred paper, and related items. No two people write precisely alike; the writing
process is so intricate that personal peculiarities always persist in the handwriting of any
given individual. Detailed scrutiny reveals these hidden characteristics, which can then form
the basis for an expert's opinion.

 An innovative method of detection, called DNA fingerprinting, was introduced in the 1980s.
Because all living cells contain the genetic material DNA, using chemical analysis
investigators can conclude if blood or other body fluids found at a crime scene match a
genetic profile. Since DNA tests have been in use for a relatively short time, their validity in
proving conclusively a suspect's guilt has been questioned in many courts. Similar to tests to
determine blood type, however, DNA analysis can be used to exclude the possibility of a
person's involvement in a crime.

 HOW TO RESPOND TO A CRIME SCENE? The most significant task of initial responders to a
crime is to preserve life and to identify and locate suspects and secure witnesses. Then,
shifting their focus somewhat, responding officers must take steps to preserve the integrity of
the crime scene’s physical boundaries. While this may not be a problem for those officers who
were once taught the importance of protecting crime scenes, others-including supervisors,
media relations personnel and administrators sometimes have trouble leaving well enough
alone at the crime scene.

 A crime scene policy should contain the following elements: The officer assigned to the crime
scene’s main entry must log in all visitors, including name, rank, stated purpose, arrival and
departure times. Absolutely no undocumented visitors should be allowed in the crime scene
area; Every officer at the scene must complete a standard report describing their involvement
and their specific actions while at the scene; All visitors must make available any requested
exemplar such as hair, blood, shoeprints, fingerprints and the like intended for elimination
purposes; The highest ranking officer entering a crime scene must assume responsibility for
all subsequent visitors to the scene; and This final aspect means that any supervisory officer
who visits the scene to “have a look around” must stay at the site until either the crime scene
technicians finish their work or a higher ranking officer arrives.

 An officer attempting to secure a crime scene who finds the post regularly overrun by curious
commanders must have the means to protect the scene, enforce guidelines and rules and deal
with superior officers. A clearly-written, well enforced policy helps to counteract and level the
playing field. While awaiting reinforcement and the SOCO Team, a first responder if possible
after verification of death and notifying command, should be able to protect the crime scene
by cordoning off the area. An ideal cordon should be composed of three barriers, the first
barrier is reserved for the crime scene technicians, the second barrier is intended for police
officers and the investigator on case while the outermost cordon should be established to
ward-off media and onlookers from the crime scene.

 Reconstructing the Crime Scene: Crime scene reconstruction refers to the use of physical
evidence, scientific method, deductive reasoning or logic and their interrelationship to acquire
definite and clear knowledge of the series of events and circumstances that surrounds the
commission of a crime. Crime scene reconstruction looks at the physical evidence and
attempts to determine “What happened?” and “How did it happen?”

 Early in their careers, most law enforcement officers recognize that the police work they see
and depicted by mass media in print, broadcast and even the movies bears little resemblance
to their jobs. It is something of a variance, therefore many of such officers seem to believe that

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 crime scene work should be performed as it is on the screen-murder scenes fitted with
loitering blue uniforms and a number of detectives hovering over bodies, with crime scene
personnel appearing just long enough to snap an occasional picture or to dust a piece of
furniture for latent fingerprints. Law enforcement officers who work under this misconception
do not seem to realize and understand that the crime scene is not a place for a crowd.

 The biggest predicament that crime scene technicians encounter on the job is crime scene
contamination. More often than not, curious onlookers, first responders to the crime scene,
detectives and supervisors are the usual culprits. Whether called evidence technicians,
identification bureau officers or laboratory specialists, either civilian or uniformed personnel
most responsible for the processing of the crime scene evidence find the same problems
repeated by the same culprits. This unintentional contamination of crime scene appears to be
a problem that will continue to persist unless written departmental policies reinforced by a
strong foundation in police training is undertaken.

 It is significant to reconstruct the crime prior to profiling the offender, until the police
investigator determines what occurred and how did it took place, police officers have no basis
for attempting to determine the motive why the crime took place and who are the likely
perpetrators.

 Types of Reconstruction: There are five categories of reconstruction; one deals only with the
amount of reconstruction to be undertaken, and another lists a number of activities including
criminal profiling. Specific Incident Reconstruction – to cover traffic accidents, Homicide and
bombing incidents. Specific Physical Evidence Reconstruction which treats and deals with
firearms, blood, semen, glass fragments and the like. Specific Event Reconstruction which
deals with the sequence, direction, condition, relation and identity.

 In any given scene, it may be probable to have a total or only partial reconstruction, and the
reconstruction may use more than one technique for example both trajectory and blood stain
pattern reconstruction to determine the position of the victim relative to that of the offender.
Some scenes offer themselves to reconstruction better than others. Traffic accidents are
ordinary scenes to reconstruct and often can be thoroughly reconstructed. Vehicles are rather
massive objects that they obey the laws of motion and often leave a wealth of physical
evidence behind, before, during and after an accident. It may be possible to show the entire
sequence of events from the time the vehicles first initial contact and enter the area of
accident until they come to rest following the accident.

 Scenes involving the movement of people are more complicated. While it may be possible to
say where a person was in the scene at several points in time, the conduct in which they
moved in the scene cannot be reconstructed. People may move quickly, hesitantly, slowly,
jump up and down, skip, ran, fall down, etc. all without leaving any particular trace behind.
That said there are of course the odd cases where the amount and type of physical evidence
does allow the paths of the participants to be tracked with some accuracy; however, the
vagaries of facial expression, gestures and body language are simply impossible to reconstruct
at all.

 Information Needed for Reconstruction: Generally it is vital to go to the crime scene, if

possible immediately after the incident was reported. Information may come from physical
evidence, witness statements, and the reports of other experts. The reonstructionalist should
examine all scene photograph, autopsy protocol and photographs, measurements, drawing,
notes, reports and items of evidence. Complete and accurate documentation of the scene is
essential. Depending on the type of reconstruction being undertaken this may include some
different things such as height and vertical/horizontal angles of shots into a wall, or the
length and width of a bloodstain.

 Steps in Reconstruction: Recognition of evidence; Documentation of evidence; Collection of

evidence; Evaluation of evidence; Hypothesis; Testing and Actual reconstruction.

 Recognition of evidence is the most significant unless the potential evidence can be
acknowledged no further reconstruction can be carried out.

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 Recognition, documentation and collection of evidence are the core of any successful crime
scene reconstruction and form the basis of reconstruction.

 Evaluation of evidence, the possibly following laboratory analysis scrutinizes and looks at
what information the evidence provides and how reliable it is. At this point any witness
statements should be compared to the evidence to see which parts of the statements can be
supported or refuted by the evidence.

 Hypothesis refers to the formulation of an idea of how the event or portions of it took place.
This is not merely an inference and should be firmly supported by the evidence.

 Testing stares how the hypothesis is developed and it can be validated. This is consummated
by checking the evidence against known physical laws or devising a test to attempt to repeat
the event or any of its relevant segments.

 Actual reconstruction refers to the reporting of the results of the analysis. The results are
reported as a range, where the event or portions of it: Can be shown to have occurred in a
given manner; Can be shown to be likely to have occurred in a given manner; Can be shown
to be improbable to have occurred in a given manner or Can be shown not to have occurred
in a given manner.

 Application to Profiling: The reconstruction forms the basis from which the profiler can begin.
The reconstruction gives answers about what happened and how did it took place? From
there the profiler can start asking “Why?” questions which are not answered by
reconstruction such as questions pertaining to intent and motive. Attempts to answer such
queries may be useful in investigation, but lack the firm support of evidence required of
reconstruction. Experts on both reconstruction and profiling speak of mentally re-enacting
the events of the crime; again, this can be valuable for investigation, but it is not
reconstruction. As profiling is anticipated as an investigative tool, it attempts to go beyond the
reconstruction, and answer questions of intent and motivation. From these admittedly
subjective answers it can provide a clearer picture of the offender.

 Criminal profiling refers to the application of psychological theory to the analysis and
reconstruction of the forensic evidence that relates to a suspect’s crime scenes, victims and
behavior. Criminal profiling assesses the physical evidence and the reconstruction and tries to
determine “Why this may have happened?” and “What does that tell us about Who may have
done it?” It is significant to keep in mind that only those directly involved in the crime know
for sure what happened and why, and they may be unable or reluctant to say.

 Working through the scene in this approach will also serve to highlight both Modus Operandi
and crime signature of the suspects. Modus Operandi refers to the “method of operation”,
those things that the offender performs which are necessary for the completion of the crime
such as mode of entry, use of a weapon to control the victim and the like. Signature aspect of
the crime may be defined as those things done by the suspect which are not necessary for the
completion of the crime, but which the suspect must do to satisfy himself such as the use of
complex ligature, sadism and other highly peculiar and distinct characteristics.

 The reconstruction may show a sequence of events or actions that are unnecessary in the
commission of the crime. In serial cases the recurrence of the same or similar sequence at
multiple scenes or the modification of parts of it may also significantly assist in this
determination.

 CRIME SCENE PROCESSING. Crime scene processing is not dissimilar in that respect than to
other work related tasks such as exchanging a motor in a car, painting a landscape scene or
preparing a meal. There are specific tasks related to each work goal. How do you justify to
someone the technicalities of thoroughly processing a crime scene? It sounds uncomplicated,
but in fact crime scene processing is a very intricate and interwoven multiple task function. It
is difficult to put in plain words to someone the exact protocol that will be used at every crime
scene. Each crime scene is different and may necessitate a different approach to processing
the scene. However there is a fundamental crime scene protocol that should be adhered to in

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 all crime scenes. These basic functions or tasks are as follows: Interview; Examine;
Photograph; Sketch and Process.

 The crime scene technician must interview the first officer who responded to the scene or the
victim to determine the “hypothesis” of the case. On the whole it deals with what allegedly
happened, what crime took place, and how was the crime committed. This information may
not be factual but it will give the crime scene technician a foundation from which to start.

 The second step involves examination, to establish if the “theory” of the case is corroborated
by what the crime scene technician observes. Examining the scene would make it possible to
identify potential items of evidentiary nature, identify point of entry and point of exit, and
getting the general layout of the crime scene.

 Photographing the crime scene to chronicle a pictorial view of what the scene looks like and to
record items of possible evidence. Crime scene photographs are usually taken in two
categories, overall views and items of evidence.

 Sketches and Investigative Notes: Properly prepared notes and sketches are useful to an
investigator as reference in questioning witnesses, suspects and victims; in preparing a report
of investigation; and to refresh your memory when appearing in court.

 They are also valuable sources of information for both trial and defense counsel. Sketches are
frequently introduced in court as evidence and used to acquaint the court with the crime
scenes and help witnesses orient themselves as they testify. Sketches and notes made during
an investigation become the property of the police department and are not retained or used as
personal property.

 Notes or sketches used to refresh the investigator’s memory during a court appearance maybe
reviewed by the court. Appropriate attention is given to ensure that all notes and sketches are
legible and project meaningful and clear facts. Lack of organization in notes or sketches could
adversely influence the weight given to an investigator’s testimony by the court.

 Sketches. A sketch graphically portrays the scene of a crime and items within the crime scene
that are of interest to the investigation. The sketch, crime scene photographs and investigative
notes are complementary and are all necessary to effectively process the crime scene. The
sketch provides the best means of portraying distances between objects at the scene. There
are two basic kinds of sketches, the rough sketch and the finished sketch or scaled drawing.
Both types of sketches contain the same general information but differ to the technique of
presenting the information.

 Outline sketches which generally indicate the dimensions and shape of crime scenes and
which are used as interview aids. To cover items of interest to the investigation, crime scene
sketches should as a minimum depict the following: Locations of approaches, such as paths,
roadways, entrances, exits, skylights and windows; Size and area of the building; Exact
location and relative position of all pertinent evidence found at the crime scene; and Camera
locations. List the report or incident number if available, offense, alleged name of victim,
designation of scene such as building, house, hangar or barracks, location of the scene, date
and hour the sketch was started and the name of the persons who are made and verified the
sketch.

 The rough sketch is drawn at the scene of the crime and is not changed after leaving the
scene. It is not usually drawn to scale but depicts accurate distances, dimensions and
proportions. The rough sketch is filed with the copy of the report retained by the originating
office. More than one sketch can be made of a particular scene. One may reflect
measurements; another may show camera positions, and a third maybe required to show
locations of items of physical evidence at the crime scene. In some cases, separate sketches
maybe the best way to record multiple scenes contained within a larger area of investigative
interest or to provide detailed depictions of isolated locations within a relatively small crime
scene. It may be necessary, for example to sketch separate and limited areas within the scene.

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 When possible a finished sketch is drawn to scale from information on the rough sketch.
When drawn to scale, the sketch need not include figures to show distances. If it is not drawn
to scale, this fact should be indicated on the sketch and distances should be shown as on a
rough sketch. A copy of the finished sketch is attached to each copy of the report of the
investigation.

 The investigator need not prepare the finished, but must verify its accuracy. It is
recommended that the finished sketch be prepared by personnel skilled in such work. The
name of the person who prepared the sketch is indicated in the report and on the sketch. If
the finished sketch is prepared by personnel of the investigation unit, the following materials
are considered necessary: drawing board or table, draftsman’s t-square, ink drawing
compass, ink ruling pen, lettering and drawing pens. Black India ink, drawing and tracing
paper, architect scale, art gum and ink erasers. Engineer or architect triangles a drawing
pencil and French curve.

 A projection drawing maybe used as the scaled drawing. The projection drawing adds another
dimension and in some cases is needed to effectively portray the crime scene. All
measurements to point on a movable object are made from at least two immovable reference
points.

 Indoor areas: The triangulation method is used for all indoor sketches. In this method, objects
are located and depicted by creating a triangle of measurements from two or more fixed points
to a single identifiable part of the object to be fixed. Ideally, each object is fixed by two
separate triangles related to two different points on the same object. If movable items are to be
used as fixed reference points, they must first be fixed themselves.

 Outdoor areas: Outdoor areas are classified into two categories inhabited and distant or
uninhabited. The reason for this separate consideration is that inhabited areas normally have
well defined fixed reference points and the triangulation method can be used to establish the
location of the other objects. Uninhabited or remote areas may not have easily defined fixed
points within reasonable proximity and objects will have to be located through the use of the
intersection/resection method as taught in basic map reading.

 A rough sketch is completed by the crime scene technician to illustrate the layout of the crime
scene or to identify the exact position of the deceased victim or evidence within the crime
scene. A crime scene sketch may not be completed on every case, however some form of
sketching usually takes place in most cases, i.e., on a fingerprint lift card to identify exactly
where the latent was recovered.

 The final step in the protocol is to process the crime scene. The crime scene technician will
sort out the crime scene for evidence, both physical and testimonial evidence. It is the crime
scenes technicians’ duty to identify, evaluate and collect physical evidence from the crime
scene for further analysis by a crime laboratory.

 The five steps discussed above in the protocol of crime scene processing are interrelated with
each other step. If the “theory” of the case read out that the intruder forcibly entered the
residence through a window then the crime scene technician will need to inspect the window
area for latent finger prints, footwear patterns, tool marks and other trace evidences. Upon
detecting such items of evidence the technician will need to photograph their location and
perhaps complete a sketch showing the exact location of the evidence or perhaps a sketch of
the footwear pattern. These combination of the steps in the protocol will remain throughout
the processing of the crime scene. Of course linked throughout these five steps is the
recording of the crime scene by photographs, sketches, and field notes. This protocol should
be employed in all crime scenes. Whether the crime scene is a multiple homicide or recovered
stolen vehicle where several crime scenes are involved the basic protocol remains unchanged.

 Once the crime scene has been carefully documented and the locations of the evidence noted,
then the collection process can begin. The collection process will usually start with the
collection of the most delicate and most easily perishable evidence. Special concern may also
be given to any evidence or objects which require to be moved. Collection can then keep on
along the crime scene trail or in some other logical manner. Photographs should also continue

24
 to be taken if the investigator is revealing layers of evidence which were not previously
documented because they were concealed from sight.

 As a rule evidence will be collected in paper containers such as packets, envelopes, and bags.
Liquid substances can be transported in non-breakable, leak-proof vial containers. Arson
evidence is usually collected in air-tight, clean metal cans. Only large amount of dry powder
should be collected and stored in plastic bags. Moist or wet evidence (blood, plants, etc.) from
a crime scene can be gathered in plastic containers at the scene and transported back to an
evidence receiving area if the storage time in plastic is two hours or less and this is done to
avoid contamination of other evidence. Once in a secure location, wet evidence, whether
packaged in plastic or paper, must be removed and allowed to entirely air dry. That evidence
may then be repackaged in a fresh, dry paper container. NOTE: Under no condition should
evidence containing moisture be enclosed in paper or plastic containers for more than two (2)
hours. Moisture allows the growth of micro organisms which can alter or destroy evidence.

 Any evidence which may cross contaminate each other may be packaged individually. The
containers should be closed and secured to avert the mixture of evidence during
transportation. Each container should have: the collecting person’s initials; the date and time
it was collected; a comprehensive description of the evidence and where it was found; and the
investigating agency’s name and their file number.

 Each type of evidence has a specific value in an investigation. The value of evidence should be
noted by the investigator when undertaking a crime scene investigation. For example, when
investigating a crime he or she should spend more time on collecting good fingerprints than
attempting to find fibers left by a suspect’s clothing. The reason is that fingerprints can
probably identify a person as having been at the scene of a crime, whereas fibers could have
come from anyone wearing clothes made out of the same material. If apparent that numerous
fibers are found at the point of entry, on a victim’s body, etc., then they should be collected in
case no fingerprints of value are detected. It is also prudent to gather more evidence at a
crime scene than not to collect enough evidence. An investigator typically only has one shot at
a crime scene, so the most should be made most of it.

 Care of Physical Evidence: Physical evidence is any evidence introduced in a trial in the form
of a tangible object, intended to prove a fact in issue based on its demonstrable physical
characteristics. Physical evidence can possibly include all or part of any object. In a murder
trial for example the physical evidence might include DNA left by the suspect on the victim’s
body, the body itself, the weapon used, pieces of carpet spattered with blood, or casts of
footprints or tire prints found at the scene of the crime.

 Fingerprints. Fingerprints which should also include palm prints and bare footprints are the
principal evidence to place an individual at the scene of a crime. Collecting fingerprints at a
crime scene requires very few materials, making it ideal from a cost perspective. All non-
movable items at a crime scene should be treated at the scene using gray powder, black
powder, or black magnetic powder. A camera preferably a Polaroid 665 black and white film
loaded in a Polaroid CU-5 camera with detachable flash should be used to make one-to-one
photographs of prints which do not readily lift. All small movable items should be packaged in
paper bags or envelopes and forwarded to the crime lab for processing.

 Latent Fingerprints. Marking of Latent Fingerprint Evidence: All such evidence should be
marked in some distinctive manner, such as is the case with any other type of physical
evidence. Safety measures should be taken, when marking evidence, not to damage destroy
potential latent fingerprints. Lifted, developed latent prints should also be marked or sealed in
marked envelopes. Photograph-developed latent print with and without identifying markings
and scale.

 Preservation of Fingerprint Evidence: The major safeguard in all cases is the prevention of
adding fingerprints to evidence, or of destroying those already present. Generally fingerprints
submitted will be on paper, glass, metal, or other smooth surfaced objects. When articles
containing latents must be picked up, touch as little as possible, and then only in areas least
likely to include identifiable latents, such as rough surfaces. While gloves or handkerchiefs
may be used to pick up such exhibits, any needless contact should be avoided. Although

25
 using a cloth to pick up exhibits prevents leaving additional prints on the articles, the cloth
will often wipe off or smear any prints originally present, unless great care is taken. Large
articles containing latent prints such as glass, metal articles, and firearms should be placed
on wood or heavy cardboard and fastened down with string to avoid shifting and contact with
other objects in transit. Where such evidence is to be examined frequently, a pegboard should
be used on which wooden pegs can be moved as desired to support exhibits and keep them
from moving. Bottles and glasses may be placed vertically on a board and placed in the
bottom of a box. The base of the bottle or glass can be surrounded with nails to secure it in
place, and the top can be either inserted through a hole in a piece of cardboard or held in
position with a wooden board nailed to the container’s lid. Papers and documents containing
latent prints should be placed individually in a cellophane or manila envelope. Such a
container can be sandwiched between two sheets of firm cardboard, wrapped, and place in a
box for mailing.

 Bite marks which are usually found in many times in sexual assaults and can be traced back
to the individual who did the biting. If the bite mark has left an impression then maybe a cast
can be prepared of it. Casts and photographs of the suspect’s teeth and maybe the victim’s
teeth will be required for comparison. For further analysis consult a forensic odontologist.

 Broken Fingernails. Natural fingernails have individualizing striations on them. A broken

fingernail found at a crime scene can be matched to the person it came from many months
after the crime has been committed. Broken fingernails should be placed in a paper packet
which is then placed in a paper envelope to be transported to the crime lab for analysis.
Known samples from the victim and the suspect will be indispensable for comparison.

 Questioned Documents. Handwriting samples can also be matched back to the particular
individual that produced them. Known exemplars of the suspected person’s handwriting must
be submitted for comparison with the unknown samples. Questioned documents can also be
processed for fingerprints. All items should be collected in paper containers. For more
information seek advice from a questioned documents examiner.
 Blood and Body Fluids. Dried blood and body fluid stains should be collected in the following
method: If the stained object can be transported back to the crime lab, then pack it in a paper
bag or envelope and send it to the lab; if the object cannot be transported, then either use
fingerprint tape and lift it like a fingerprint and place the tape on a lift back; scrape the stain
into a paper packet and package it in a paper envelope; or absorb the stain onto ½” long
threads moistened with distilled water. The threads must be air dried before packaging. For
moving purposes and to prevent cross contamination, the threads may be placed into a
plastic container for no more than two hours. Once in a safe location, the threads must be
removed from the plastic and allowed to air dry. They may then be repackaged into a paper
packet and placed in a paper envelope. Wet blood and body fluid stains should be collected in
the following method: all items should be packaged separately to prevent cross contamination,
if the item can be transported to the crime lab, then package it in a paper bag (or plastic bag if
the transportation time is under two hours), bring it to a secure place and allow it to
thoroughly air dry, then repackage it in a paper bag. If the item cannot be transported back to
the lab, then absorb the stain onto a small (1”x1”) square of pre-cleaned 100% cotton
sheeting. Package it in paper (or plastic if the transportation time is less than two hours),
bring it to a secure place and allow it to thoroughly air dry; then repackage it in a paper
envelope. Victim and suspect’s known blood samples will have to be collected in yellow, red,
or purple top “Vacutainers.” Contact the lab to which the samples will be submitted for
specific information.

 Firearms and Tool marks. Bullets and casings can be examined at the crime lab to show an
investigator what make and model of weapons may have expended the casing or bullet. A
bullet found at the crime scene may be matched back to the same lot of ammunition found in
a suspect’s custody. Tool marks can be completely matched to a tool in the suspect’s
possession.

 Firearm safety is a requisite at any crime scene. If a firearm must be moved at a crime scene,
never move it by inserting a pencil in the barrel or inside the trigger guard. Not only is this
dangerous, but it could damage potential evidence. The gun can be picked up by the textured
surface on the grips without fear of placing unnecessary fingerprints on the firearm. Before

26
 picking up the gun, make certain that the gun barrel is not pointed at anyone. Keep notes on
the condition of the weapon as found and steps taken to render it as safe as possible without
damaging potential evidence. The firearm can then be processed for prints and finally make
completely safe.

 FIREARMS MUST BE RENDERED SAFE BEFORE SUBMISSION TO THE CRIME LAB. The
firearm should be packaged in an envelope or paper bag separately from the ammunition
and/or magazine. The ammunition and/or magazine should be placed in a paper envelope or
bag. It is important that the ammunition found in the firearm be submitted to the crime lab.
Any boxes of similar ammunition found in a suspect’s possession should also be placed in a
paper container and sent to the crime lab. Casings and/or bullets found at the crime scene
should be packaged separately and placed in paper envelopes or small cardboard pillboxes. If
knives (or other sharp objects) are being submitted to the lab (for tool marks, fingerprints,
serology, etc.), then the blade and point should be wrapped in firm unmovable cardboard and
placed in a paper bag or envelope. The container should be labelled to caution that the
contents are sharp and precautions should be taken. This is to prevent anyone from being
injured.

 Bullets: Under no circumstances mark bullets. Enclose recovered bullets in paper and seal in
separate labelled pill boxes or envelopes. Submit all evidence bullets recovered to the Crime
Laboratory. A conclusive identification may be possible on only one of several bullets
recovered even when they all seem to be in good condition. Do not try to clean recovered
bullets before sending them to the Laboratory. Bullets recovered from the body should be air
dried and wrapped in paper. Washing may obliterate trace evidence.

 Cartridge Cases : Wrap recovered cartridge cases in and seal in single labelled pill boxes or
envelopes. Fired shotgun shells may be marked either on the inside or outside of the paper or
plastic portion of the shell. If an examination is necessary to determine if a shot shell or
cartridge case was fired by a specific weapon, submit the weapon and all recovered unfired
ammunition. Submit all evidence cartridge cases or shotgun shells recovered to the
Laboratory. Some cases contain more identifying than do others. Wrap each cartridge in paper
to prevent damaging the breech clock, firing pin, or other markings by contact with other
cartridge cases. Place wrapped cartridge cases in envelopes or pill boxes. Label and seal
container.

 Ammunition: Always try to recover unused ammunition for comparison purposes when
firearms are obtained as evidence. If not in the weapon itself, subjects often have additional
ammunition in their clothing, cars, houses or other locations. It may be important for test
purposes to determine exactly the make, type, and age of the ammunition used in the crime
as other ammunition in the suspect’s possession may be identical to that fired during the
crime. Unfired ammunition should not be fired. The box with the ammunition may be marked
without individually marking every round in the box.

 Powder and Shot Pattern: Submit clothing or other material showing evidence of gun powder
residue or shot holes to the Crime Laboratory. The clothing should be carefully placed in
clean paper and folded as little as possible to prevent dislodging powder particles.
Photographs of the pattern will not be sufficient, as in most instances microscopic
examination and chemical tests must be conducted on the exhibits themselves. Package each
item individually. For gun powder or shot pattern tests to have an implication, it is vital to
obtain ammunition identical in make, type, and age to that used at the crime scene. This
facsimile ammunition is necessary for firing in the weapon in question to determine the
distance of the muzzle of the weapon from the victim or other object at the time the
questioned bullet was fired.

 Gunshot residue is extremely delicate evidence and should be collected as soon as possible
(preferably within three hours of the discharge of firearm). Use the laboratory-supplied GSR
kits and carefully follow the directions. In case of the live subjects if more than six hours have
passed or if the subject has washed his hands, it may be likely that meaningful results will be
obtained. If a body is to be sampled, whenever possible, gunshot residue collection should be
performed prior to moving the body. If this is not possible, protect the hands with paper bags.

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 Serial Number Restoration: In many cases, obliterated serial numbers can be restored if too
much metal has not been removed in erasing the number by using etching solution. Always
inform the PNP FED-CSG, after restoring the serial number, the gun is to be numbered. If the
original number can be restored, this is normally re-stamped on the gun. If it cannot be
restored, a new number is assigned to the gun and stamped thereon by the PNP FED-CSG.

 Shoeprints and Tire Tracks. Shoeprints and tire tracks can positively be traced and compared
to a pair of shoes or to tires in a suspect’s possession. Shoeprints and tire tracks can
occasionally tell investigators what type of shoes or tires to look for when searching a
suspect’s residence or vehicles. Before any attempt is made at collecting shoeprints or tire
tracks, one-to-one photographs should be made using a tripod, ruler, and level. The flash
should be held at about 45 degree angles from the surface surrounding an impression. Casts
can be made of impressions using dental stone. Once toughened, the cast can be packaged in
paper and submitted to the lab. In photographing prints on hard flat surfaces the flash
should be used as side lighting. Shoeprints on hard flat surfaces can also sometimes be lifted
like a fingerprint. Dust prints on certain surfaces can be lifted with an electrostatic dust print
lifter.

 Fracture Matches may positively associate broken pieces at the scene with pieces found in the
possession of a suspect. For example, headlight fragments found at the crime scene of a hit
and run could be positively matched to a broken headlight on a suspect’s vehicle. Large
fragments should be placed in paper bags or envelopes. Small fragments should be placed in
a paper packet and then placed in an envelope.

 Hair. If a root sheath is attached, then DNA analysis using PCR technology can reveal that
this hair came from a certain percentage of the population to which the suspect belongs. If
there is no root sheath, then a microscopic analysis can disclose that the hair has the same
characteristics as the suspect’s hair and is similar to his or her hair. At this point, no one can
say that a hair came from a particular individual. Hair found at the crime scene should be
placed in a paper packet and then placed in an envelope. If a microscopic examination is
required, then 15-20 hair strands from the suspect must be submitted to the lab for
comparison. Collect all hair present. If possible, use tweezers or fingers to pick up hair, place
in paper bundles or coin envelopes which should then be folded and sealed in larger
envelopes. Tag the outer sealed envelope. If hair is attached, such as in dry blood, or caught
in metal or a crack of a glass, do not try to remove it but rather leave hair intact on the object.
If the object is tiny, mark it, wrap it, and seal it in an envelope. If the object is large, wrap the
area containing the hair in paper to prevent loss of hairs during transport. In rape cases, the
victim’s pubic region should be combed prior to collecting standards. Get hold of known hair
samples from the victim, suspect, or any other possible sources for comparison with unknown
specimens. The suggested method for collecting head hairs is to start by having the person
from whom they are being collected bend over a large sheet of clean paper, rubbing or
massaging their hands through the hair so that loose hair will fall out on the paper. More
should then be gathered by pulling them from representative areas all over the head. A total
or 50-100 hair samples is desired. Do not cut the hair. This same method may be used to
collect hairs from other parts of the body. 30-60 pubic hairs are necessary. When the person
is a suspect, hair should be collected from all parts of the body even though there may only be
an interest in hair from the head at that particular time.

 Fibers. Fibers can be said that they are the same type and color as those found in a suspect’s
clothes, residence, vehicle, etc. Fibers should be collected in a paper packet and placed in an
envelope. Representative fibers should be collected from a suspect and submitted to the lab
for comparison. Such items is typically found in fabric abrasions or caught in torn materials
or other areas on hit-and-run vehicles. In some burglary cases, it may be located caught in
torn screens, broken glass, or other sites. Examination of fibers can normally be conducted to
find out the type or color of fiber. Such examinations will sometimes point to the type of
garment or fabric from which they originated. Fibers and threads can also be compared with
suspects clothing to establish whether or not they could have come from this clothing. If
threads or large fibers are found, they can be picked up with the fingers and placed in a paper
bindle, then in a coin envelope, which can be sealed and marked. Never place untied fibers
directly into a mailing envelope since they can be lost from this type of envelope. If the fibers
are short or few in number, and if it is possible to do so, wrap the area or the entire piece

28
 containing the fibers in paper and send the whole exhibit to the Laboratory. Pick up fibers on
tape only if the laboratory in your jurisdiction permits it and gives you its requirements. When
fibers or threads are recovered, always send all clothing of persons from which they might
have originated to the Laboratory for comparison purposes.

 In sex offenses, assaults, and some other cases, it may be likely to indicate or demonstrate
contact between two individuals or between one other individual and some other object, such
as a car seat, by comparing fibers. Such examinations are only of value when it is known no
contact occurred between the two individuals or an individual and some other object earlier,
or subsequent to, the offense. Extra attention must be taken to keep each article of clothing of
each individual or other object separated. Each garment should be- laid on a clean sheet of
paper, and individually rolled up in the paper after marking the exhibit. If the clothing of one
subject touches the clothing of another, or if it is laid down on the table of placed on a car
seat contacted by the clothing of the other suspect, the comparisons may be of no usefulness.

 Paint. Paint can determine that it is the same type and color as paint found in the possession
of a suspect. Paint fragments should be collected in a paper packet and placed in an envelope.
Representative paint chips or samples should be collected from the suspect and submitted to
the crime laboratory for comparison.

 Glass. Glass can establish that it has the same characteristics as glass found in the
possession of a suspect. Smaller glass fragments should be placed in a paper packet and then
in an envelope. Larger pieces should be wrapped firmly in paper or cardboard and then placed
in a padded cardboard box to prevent further breakage. Representative samples from the
suspect should be submitted to the laboratory for comparison.

 Recovery of Evidence Samples: Clothing and shoes of suspects or other objects contaminated
with glass should be wrapped in paper and submitted to the Laboratory for examination. All
glass found at hit-and-run scenes should be collected. The search should not be restricted to
the point of impact, since headlight glass may be dropped off at some distance away as the
car leaves the crime scene. Glass from diverse locations should be kept in different
containers. All glass should be collected and recovered because more than one type may be
present. In addition, if just a few samples are saved, individual pieces that could be physically
matched with glass remaining in the headlight shell of the suspected vehicle may be
overlooked. Place little glass fragments in paper bindles, then in coin envelopes, pill boxes, or
film cans which can be marked and completely sealed. Place sizeable glass fragments in
boxes. Separate individual pieces with cotton or tissue to avoid breakage and damaged edges
during shipment. Seal and mark the box containing them.

 Other Trace Evidence: Occasionally during the commission of a crime, there are other items
which be transferred to a perpetrator from the scene or from the perpetrator to the scene
(sheetrock, safe insulation, etc.). The guidelines for collecting the evidence and obtaining
known samples are about identical as for paint and fibers.

 Blood Stains. Blood is scarlet or bright red in color when it has been oxygenated in the lungs
and passes into the arteries; it becomes bluish red in color when it has given up its oxygen to
nourish the tissues of the body and is returning to the lungs through the veins and the tiny
vessels called capillaries. Blood is composed of a yellowish fluid, called plasma, in which are
suspended the millions of cells that make up approximately 45 percent by volume of whole
blood. In an average healthy adult, the volume of blood is one-eleventh of the body weight, or
between 4.5 and 6 liters (5 and 6 qt). A cubic millimeter of human blood contains
approximately 5 million red blood cells, or erythrocytes; 5000 to 10,000 white blood cells, or
leukocytes; and 200,000 to 300,000 platelets, or thrombocytes. The blood also carries scores
of salts and organic substances in solution in the blood plasma. Blood that is in liquid pools
should be picked up on a gauze pad or other clean sterile cotton cloth and allowed to air dry
completely at room temperature. It should be refrigerated or frozen as soon as possible and
brought to the Laboratory as quickly as achievable. Delays beyond 48 hours may make the
samples worthless. If near to the Laboratory, deliver stained object immediately. If unable to
deliver to the Laboratory, or if the object must be mailed, set aside the stain to air dry
completely before packaging. Do not heat up stained material or place it in bright sunlight to
dry. Hang clothing and alike articles in a room where there is adequate ventilation. If not

29
 totally dry, label and roll in paper or place in a brown paper bag or box and seal and label
container. Place only one item in each container. Do not make use of plastic containers.

 Dried Blood Stains: On clothing, if achievable, wrap the item in clean paper, place the article
in a brown paper bag or box and seal and label container. Do not try to remove stains from
cloth. On small solid objects, transmit the whole stained object to the Laboratory, after
labelling and packaging. On large solid objects, cover the stained section with clean paper and
seal the edges down with tape to prevent loss or contamination. If impractical to deliver the
whole object to the Laboratory, scrape the stain onto a clean piece of paper, which can be
folded and placed in an envelope. Do not scrape directly into proof envelope. Scrape blood
from objects using a freshly washed and dried knife or scalpel or any pointed tool. Wash and
dry the utensil before each stain is scrapped off. Seal and mark the envelope. Do not combine
dried stains. Place each stain in an individual envelope. Never try to wipe dried stains from an
object using a moistened cloth or paper.

 The search for flammable fluids in arson cases should include a methodical examination of
the entire fire scene. This should reach to areas where no burning occurs, since flammable
fluids may have been placed in other locations where ignition failed. Traces of combustible
fluid may be found in cans at the fire scene in arson cases. Mattresses, rugs, upholstery,
wallboard, and other objects at the scene may also contain fluids which can be separated and
identified in the Laboratory, even though these objects are partly burned. Wood upon which
such fluids have been poured and ignited may still contain measurable traces of the liquid, if
the wood has not been completely charred by the fire. Even where a large and hot fire has
occurred, traces of such liquid are sometimes found where they have seeped into the ground
through fissures in the floor or flowed under baseboards and sills.

 While most flammable fluids commonly used have distinctive odors, some substances
commonly available are almost odorless and quite easily elude detection. These consist of
some alcohols, deodorized kerosene, charcoal lighter fluids, and others. If volatile liquids are
found in open containers, dispense a small amount of the material into a clean glass vial with
an airtight seal so no loss will occur. Do not use any rubbed-lined lids or plastic storage
container.

 Chain of Custody: The “chain of custody” is a concept in jurisprudence which applies to the
handling of evidence and its reliability. “Chain of custody” also refers to the document or
paper trail showing the seizure, custody, control, transfer, analysis, and disposition of
physical and electronic evidence. Because evidence can be used in court to convict persons of
crimes, it must be handled in a particularly careful manner to avoid later allegations of
tampering or misconduct which can compromise the case of the prosecution toward acquittal
or overturning a guilty verdict upon appeal. Establishing the chain of custody is especially
significant when the evidence consists of fungible goods. In practice this most often concerns
illegal drugs which have been seized by law enforcement personnel.

 An individual person must always have the physical custody of a piece of evidence. In
practice, this means that a police officer or investigator will take charge of a piece of evidence,
document its collection, and hand it over to an evidence clerk for storage in a secure place.
These dealings, and every succeeding transaction between the collection of the evidence and
its appearance in court, should be completely documented chronologically in order to endure
legal challenges to the authenticity of the evidence. Documentation should include the
conditions under which the evidence is collected, the identity of all evidence handlers,
duration of evidence custody, security conditions while handling or storing the evidence, and
the manner in which evidence is transferred to successive custodians each time such a
transfer occurs.

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POLICE INVESTIGATIVE REPORT WRITING

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

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

 Uses and Purposes of Reports: Police reports are written at the scene of many events and as a
result, used for a wide variety of reasons. To wit: Criminal Investigations; Newspapers and the
Media Reference; Materials Statistical Data for Crime analysis; Documentation; Officer’s
Evaluation; Statistical reporting

 The two general types of police reports are basic or informal and investigative or informal
report.

 Basic or informal Report – This account deals with the ordinary, miscellaneous, usual,
memorandum, letter, or form accomplished by any member of a unit, section, bureau or
division within a department in accordance with prescribed regulation. Usually, this report
contains the following items: The heading or the letterhead of the organization, office or
section where the writer is assigned; The person or office to which it is addressed or
submitted. The text proper; and The name of the writer or the source of the report.

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

 Initial or Advance Report – It is an advance account regarding a new case assigned to an

investigator. It is written and submitted without delay after having conducted the initial
investigation of the case.

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

 Final or Closing Report – It is a comprehensive narration of facts and details based on a

thorough inquiry of the case by the detective who initially started the investigation covering all
the facts and circumstances surrounding the case. It forms a clear picture of the crime
committed in the minds of the readers for prosecutorial and judicial actions.

 The final or closing report is undertaken whenever the case is solved and considered as
closed, signifying that the offender has been arrested, the evidence against him is complete to
warrant prosecution, and witnesses are located to testify for the trial.

 Qualities of a good report: All police reports must contain certain qualities which can be
categorized as follows: Accuracy – Precision is one of the essential qualities of report writing.
Literally it means in exact conformity to the facts and free from errors. Being accurate is
being exacting. All facts must be objectively verified. The identification of facts is imperative
to establish the corpus delicti or body of the crime in your report. You must restrict your
report to the facts of the incident as you saw them or as victims and witnesses perceived and
reported to you. You must accurately report the conditions of the scene as you have found
them.

 An investigator is a fact finder. Therefore, all the contents of his report must be base on facts
– facts which are know through the use of any or all of his five senses. Consequently the
marshals of investigation as to who, what, where, why, when and how must be satisfied.

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 Brevity – It refers to conciseness of expression. It is also a means of checking the
development of your own ideas and the accuracy of your expression. It also means saying
much in fewer words as possible.

 Conciseness relates to the elimination of unnecessary words. Suggestion to help you write
concise reports include using active voice, avoiding wordiness, eliminating unnecessary
prepositional phrases, and using ordinary and commonly understood words.

 Most sentences in police reports are 12 to 15 words.

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

 Types of report writing:

o Investigation report Progress report – follow-up effect; it can simply be an accomplishment
report.

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

o Beat inspection/ after patrol report- practiced written communication in station level.

o Situation report- done on a need basis, the commander has to know the actual situation
of a particular incident which can be public interest.

o Formal report – usually contains the following: introduction, summary, body, conclusion,
and recommendation.

o Arrest report – They are used to document the events that transpired in the apprehension
of a person under police custody.

o Clearance report – They are used to keep a record of the disposition of a particular
criminal case.

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

o Daily activity report – A typical log which includes operation, location, and amount of time
spent and brief dispositions.

o Evidence report – Refers to the documentation of the collection and preservation of

evidence as well as the participants in the chain of custody of the evidence.

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

 Police Blotter: Each PNP operating unit shall maintain an official police blotter where all types
of operational and undercover dispatches shall be recorded containing the five "W"s and one

32
 "H" of an information. A police blotter refers to the record of daily events occurring with the
area of responsibility/territory/jurisdiction of a given police command or unit. It contains
material facts and details concerning the event for legal and statistical purpose. It is an
informational record book that is useful for investigation, evidentiary or referral purposes.

 The police blotter shall be a record book bound with hard covers with a prescribed size of 12 x
16 inches. The front cover shall bear the Name or designation of the Police Force and specific
district/station together with the designation of the particular police unit or sub-station, the
volume or book number, the series number and the period covered.

 The contents of the entry: The entry in the police blotter should answer the following: Who,
What, Why, Where, When, How along with the disposition of the case.

 In answering the cardinals of investigation and the case disposition, all such material details
pertaining to the event, including the names of the suspect/s; the victim/s; the witness/es; if
any; the nature of the offense or action; the possible motive; the place; the date; and time of
occurrence; significant circumstances surrounding the case; the identity of the officer to
whom the case is assigned; and the status of the case.

 The following transactions or incidents are entered in the police blotter:

o Violations of ordinances and laws reported and/or discovered.
o All calls in which any member of the PNP is dispatched or takes official action.
o All fire alarms, reports and information received by the stations.
o Movement of detention prisoners with corresponding notations on the authority for such
movement.
o Vehicular and other types of incidents which require police action.
o All injuries, bodies discovered, and suicides.
o Damage to property.
o All cases to which a member of the PNP is involved.
o All arrests and returns made.
o Miscellaneous cases, general and special orders, violations of the rules and regulations,
and any other reportable incident that the sub-station/station commander or higher
authorities requires to be recorded.

 Procedure in making the entries:

o All entries in the police blotter shall be handwritten in a clear, concise and simple
manner.

o Only facts not opinions are entered into the blotter.

o No erasures shall be made in the entries. Corrections are made by drawing one horizontal
line over such word or phrases and the actual entry initiated by the police officer making
the correction.

o A pen with a lack or blue ink is used in making the entries.

o Falsification in the blotter or any attempt to suppress any information therein is

criminally and administratively punishable.

o The entries must be legibly written in long hand and consecutively numbered.

o Every page of the blotter shall be uninterruptedly and chronologically filled-up. No line or
space shall be left blank between two entries.

o Any development of the case to be reflected in the blotter should be a new entry at the
time and day it was reported. A reference to the previous entry number of case shall be
made.

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 o In every shift, the Duty Sergeant, under the supervision of the Duty Officer or Compliant
Desk Officer, shall make the actual entries in the blotter and at the end of his tour of
duty, they shall sign the blotter.

FIRE TECHNOLOGY AND ARSON INVESTIGATION

 Arson investigation occurs in different order than the usual criminal investigation. It is the job
of the arson investigator to analyze all information and act swiftly in conducting interviews
since fire usually destroys physical evidences making witnesses much more significant.

 Arson investigators sometimes see themselves as counterparts to homicide investigators. The

typical classification of fires is natural, accidental, unknown origin, suspicious and
incendiary.

 In the absence of the most common causes of accidental fires such as faulty electrical and gas
equipment, improper storage, smoking, overloading and natural causes such as lightning and
spontaneous combustion and the discovery of incendiary devices, the unusual way the fire
was started and its behavior may lead to the conclusion that fire was due to arson.
 Fire is a fundamental chemical reaction based on oxidation; all forms of fire are subtypes of
combustion. Fire was derived form the Greek word pyra which means glowing ember is the
active principle of burning characterized by heat light and combustion. Although useful to
man, fire may be used as a means to commit crimes, bringing forth destruction of lives and
properties.

 Why fires should be investigated? To determine the cause of the fire; and to prevent similar
occurrences

 What constitutes arson? Burning, Malice, Motive, Intent Three elements of fire of commonly
known as fire triangle:

 The presence the following components would result to fire: FUEL+ OXYGEN+ HEAT SOURCE
= COMBUSTION

 Fuel - The most important part of the triangle, for fuel is what burns. The nature and
properties of the fuel are essential in combating fires. It comes in three form as solid, liquid or
gas. (Solid fuel – ignition temperature; liquid fuel- flashpoint)

 Solid fuels may be characterized as materials with definite volume and shape such as wood,
paper, rugs and the like.

 Liquid fuels are those which have definite volume but no shape taking the shape of its
container such as gasoline, alcohol, petroleum products etc.

 And gaseous fuels which have no definite volume and shape such as neon gas. Asbestos,
diamond and naphthalene balls are solids which are known to have no ignition temperature
rendering them fire proof.

 Heat- Ignition heat is a device or means to start a fire. It can be a safety match, a lighted
candle, or of more sophisticated forms such as chemical, mechanical or electrical contrivance
designed to start a blaze.

 Oxygen- It is a tasteless, odorless colorless gas which is generally found within the Earth's
atmosphere approximately which is composed of 97% natural gas. Of the natural gases,
found on this planet 21% of which is oxygen. It is both vital to sustain human life and fire.

 Reactions take place at various rates of speed. Fire is a fairly slow reaction because molecular
change usually takes place on the surface of the substance that is glow not pyrolysis which is
flame and indicates irreversible molecular change.

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 Pyrolysis only takes place when fire has a continuous source of oxygen. Fuel-air mix
determines what is called the flammable range, and below this is the ignition range, and even
further lower is the flash point or vapor range.

 Conditions are right to support combustion at the flash point range, reactions will sustain
themselves at the ignition range, and fuel–air mix is perfect at flammable range.
 How quickly reactions move through these three ranges is the speed of the reaction. Speed
can be increased by temperature; an 18 degree Fahrenheit increase in temperature usually
doubles or triples the reaction rate. Hence fire burns faster once the environment’s
temperature is raised. Most fire will extinguish itself at less than 16% oxygen. However, its
not a simple matter as the external supply of oxygen.

 Chemical reactions have their own way of extracting oxygen they require. With a fire involving
hydrocarbons such as wood, the reaction extracts oxygen from carbon dioxide, carbon
monoxide, nitrogen oxide and sulfur oxide.

 With fires involving plastic, the reactions rely on poisonous gases released: hydrogen cyanide,
hydrogen chloride and phosgene.

 Much of what chemical reactions need to supply their own oxygen is abundantly available in
the air such as carbon dioxide and nature such as potassium and nitrogen; these readily
available substances are known as oxidizers.

 How does a fire start? A person who wants to start a fire should have in his possession two of
the three elements of the fire triangle, a piece of paper to act as the fuel and a safety match to
act as the ignition heat, oxygen is virtually all around hence it need not be procured. The
moment the fire setter strikes the match and lights the piece of paper. Chemically speaking it
is not the paper being burned but the chemical process talking place is pyrolysis.

 Pyrolysis is the chemical process whereby fire consumes most solid. Once fuel becomes
ignited, the characteristics of the fire that follows depend upon the chemical make up of the
fuel. As the fuel becomes heated, the moisture in it starts to produce water vapors.
Immediately thereafter, the decomposition begins to produce combustible vapors known as
free radicals, it is these vapor that burn. Wood and most solid organic compounds such as
coal do not burn but they pyrolyze.

 Physical properties of matter related with fires:

o Specific gravity which refers to the ratio of the weight of the liquid or the solid substance
to the weight of an equal volume of water.

o Vapor density which is the weight of the volume of pure gas opposed to the weight of a
volume of dry air with the same temperature and pressure.

o Temperature refers to the measure of the degree of thermal agitation or disturbance of

molecules.

o Vapor pressure which is the force exerted by the molecules on the surface of the liquid at
equilibrium.

o Fire point which refers to the lowest temperature of a liquid in an open container at which
vapors are developed fast enough to support uninterrupted combustion.

o Flash point which refers to the heat at which a flammable liquid form a vapor-air mixture
that ignites.

o Kindling temperature which is also referred to as ignition temperature refers to the

minimum temperature to which the substance in the air must be heated in order to start
a self-contained combustion without adding heat from other sources.

o Boiling point which is the constant heat at which vapor pressure of the liquid is equal to
the atmospheric pressure.

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 Chemical properties of fire: Flames which are incandescent gasses which is categorized as
those: Based on color and completeness of combustibility of fuel:

 Non luminous flame – the color of the flame is blue due to the almost complete combustion of
the fuel and has relatively high temperature and forms no soot deposit.
 Luminous flame – the color is orange-red due to incomplete combustion of the fuel, has
relatively lower temperature and will deposit soot to anything being subjected to it.

 Based on smoothness: Turbulent flames which refer to those having irregular and unsteady
swirls. Laminar flame which refer to flames which generally follows a smooth path through a
gaseous flame.

 Based on air and fuel mixture: Diffusion flames are manifested when fuel alone is forced
through a nozzle into the atmosphere which spread in the surrounding atmosphere forming a
flammable mixture. Pre-mixed flames are those observed when hydrocarbon is mixed with air
before reaching the flame zone.

 Endothermic reactions which refers to changes whereby heat is added or absorbed before the
reaction takes place.

 Exothermic reactions are those that give off or release energy or heat which produces
substance with less energy than the reactants.

 Oxidation which refers to the chemical changes which combustible materials and oxidizing
agents reacts.

 Combustion products: Smoke which is made up of minute or fine solid particles and
condensed vapor resulting from combustion.

 Black smoke with deep red litmus flames are indication that the fuel used in the fire maybe
tar, plastic, rubber or petroleum products.

 Greenish yellow flame is a result when the fuel used is manganese or chlorine.

 Bright reddish-yellow flame which indicates that calcium is used.

 Heavy brown smoke with bright red flames is indications that nitrogen products were used in
the fire.

 White smoke with bright red flames indicates that magnesium is used.

 Black smoke with red and blue-green flames would specify that asphalt shingles is used in
the fire.

 Lavender or purple flames would show that potassium was used in the fire as fuel.

 Fire gases are gases which remain when the products of combustion are cooled to normal
temperature.

 Flames are incandescent gases which accompanies rapid oxidation of any combustible
material.

 Heat which is always measured as high temperature is a normal result of combustion.

 Three kinds of fire:

o Providential- caused by acts of God. This kind of fire can never be prevented as usually
hard to control. It comes in the form of lightning bolts, erupting volcanoes or as a result of
tremors.

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 o Accidental- it is caused mostly by human error and negligence. Such as smoking in bed,
defective LPG containers, faulty electrical wiring, leaving plugged electrical appliances.

o Intentional- this is known as incidiarism or classified as Arson. This kind of fire is set on
purpose either to collect insurance, cover-up another crime or personal/business rivalry.

 The three phases of fire are initial, free burning and smoldering stage:

 Initial- This is the beginning of fire. The product of pyrolysis is mainly water vapor and carbon
dioxide. The base area of the fire has a temperature of 400 to 800 degrees Fahrenheit. It is in
this stage that fire fighting is easily controlled and subdued.

 Free burning- This is the acceleration of pyrolitic process. It is during this stage that the
maximum heat and destructive capabilities of fire develop. Thus combating fire in this stage is
very difficult and requires more than one firefighter. The thermal column of fire carries
destructive gases such as combustible vapor and carbon monoxide. The base temperature of
the fire is round 800 to 1,000 degrees Fahrenheit and ceiling temperature up to 1,600 degrees
Fahrenheit.

 Smoldering- This stage is where the fire glows and the combustible materials smolder. Flames
would not be visible but a large amount of carbon monoxide is produced. This is the reason
why masks are essential in firefighting. At this point back draft may occur, wherein the
sudden introduction of oxygen with superheated fuel under pressure will cause an explosion.
Another threat to those at the fire scene is the presence of carbon monoxide which at some
levels may cause death to those exposed to it.

 Fire behavior: Fire behavior such as thermal balance and thermal imbalance are those
activities wherein the fireman and investigators should be acquainted or familiar with.

 Thermal balance refers to the natural condition created by the fire or the normal movement of
fire, smoke and fire gases within a structure or building.

 Thermal imbalance refers to that turbulent circulation of steam and smoke which replaces the
normal flow of the products of combustion. Hot spots may develop during the extinguishment
of the fire upsetting the thermal balance; such holes produced may mislead the investigator to
believe that the fire originated at that location.

 Heat is produced from the breaking and formation of chemical bonds. In a chemical reaction,
atoms are not lost but merely restructured.

 Molecules absorb energy when their chemical bonds are reformed. All oxidation reaction give
off more energy than they absorb, which is released in the form of heat, light, noise, shock or
a combination thereof, depending upon the single or double-bonding that takes place when
the molecules reform.

 Most reactions are exothermic, which means they require very little energy to get started
hence a lower ignition or kindling temperature is needed, and some reactions are endothermic
which means they require or need a booster or more energy to get started.

 It is necessary to be familiar with the common ways which heat energy can be produced. Fire
prevention and suppression are dependent on the control of heat energy.

 Aside from the sun, there are four known sources of heat, namely: Chemical, Electrical,
Nuclear and Mechanical. Chemical Heat Energy wherein oxidation reaction is exothermic.

 Heat of Combustion also known as calorific or fuel value, it refers to the quantity of heat
released during the complete oxidation where the organic fuel is converted to water and
carbon dioxide. Heat of combustion depends upon the kind and members of atoms in the
molecule as well as upon their arrangement; it is used in calculating fire loading.

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 Spontaneous Heating refers to the process of raising the temperature of a material by means
of slow oxidation without drawing heat from its surrounding until the ignition temperature
consequences into combustion. Air supply, rate of heat generation and insulating properties
of the immediate surrounding will determine whether or not an oxidation reaction will cause
dangerous heating.

 Heat of solution refers to the heat released when a substance is dissolved in a liquid. Many
materials release heat when dissolved but he quantity is usually not sufficient to have any
significant effect on fire protection.

 Heat of decomposition refers to the heat released by the decaying and rotting of compounds
requiring the addition of heat for their formation. Compounds formed from exothermic
reactions are often unstable. When decomposition is started by heating these compounds
above critical temperature decomposition continues with the liberation of heat.

 Electrical Heat Energy: Heat is produced when electric current flows through a conductor or
when a spark jumps on air gap. In a current flow passing through conductors, electrons are
passed along from one atom to another; metals are good conductors of electricity allowing
easy and swift movement of electrons to pass trough it.

 Resistant heating occurs when the rate of heat generation is proportional to the resistance
and square of the current. Exposed wire conductors can carry more current than insulated
wires without heating dangerously since the temperature of the conductor consequential from
resistance heating depends on dissipation of heat to the surrounding.

 Heat generated by lighting. The release of an electric charge on a cloud to an opposite charge
on another cloud or on the ground is called lightning. Lightning passing between the cloud
and the ground can build up very intense temperature in any material of resistance in its
path.

 Frictional electricity, also known as static electricity it is an electrical discharge that amasses
on the surface of two materials that have been brought together and then separated. One
surface becomes negatively charged and the other positively. If the substance are not
grounded or bonded they will accumulate enough electrical charge producing a spark. Clouds
of combustible dust, flammable vapors and gases are capable of being ignited. Fuel flowing in
a pipe can produce sufficient static electricity to ignite a flammable vapor.

 Heat from arcing. Arcing is a product of the interruption of an electrical circuit either
intentionally as by knife switch or accidentally as when a terminal or contact becomes loose.
Temperature of arc may melt conductors, are very high and the heat released is enough to
ignite a flammable or combustible material upon contact.

 Inductive heating. Food in microwave oven is heated by molecular friction induced by

absorbed microwave energy. This type of heating increases with frequency of alteration.
Whenever atoms are subjected to electric potential gradients from external sources, the
arrangement of the atoms is distorted with a probability for electrons to move in the direction
of opposite direction.

 Potential differences appear in the conductor whenever it is subjected to the influence of an

irregular or alternative magnetic field. These potential differences result in the flow of current
with attendance resistance heating in the conductor. For alternating potentials, additional
energy expended and as polarity changes it appear as heat energy resulting from the electrical
and mechanical distortion of the molecular structure.

 Nuclear Heat Energy. The nucleus of an atom is composed of particles bonded together by
tremendous forces which can be released when the nucleus is bombarded by energized
particles. Nuclear energy is released in the form of pressure, nuclear radiation and heat.
Unstable radioactive atoms spontaneously emit rays or particles from the nucleus of their
atom.

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 Nuclear fusion includes all nuclear reactions in which two light nuclei combine to form
heavier nucleus with the emission of particles or gamma rays. Energy used in man made
bombs known as hydrogen bombs are from these reactions where two deuterium atoms fused
to form Helium.

 Nuclear fission occurs when a sub-atomic particle called neutron bombards an appropriate
type of nucleus. The nucleus then splits into two lighter nuclei releasing a tremendous
amount of energy in the form of kinetic energy of the fission fragments, In every act of fission,
neutrons are emitted and if one of these is at least captured by another fissionable nucleus, a
fission chain nucleus, a fission chain reaction with the uninterrupted production of energy
becomes possible.

 The apparatus by which fission chain is initiated, maintained and controlled in order that the
accompanying energy is released at a specified rate is called a nuclear reactor.

 Uraniun and thorium are basic materials which can be used for the release of nuclear energy
by fission.

 Mechanical Heat Energy. Responsible for a significant number of fires, mechanical heat which
may produce ignition released by compression are due to frictional heat.

 Frictional heat is a product of mechanical energy used in overcoming the resistance to motion
when two solids are rubbed together. Any friction may generate heat; the danger may depend
on the amount of mechanical energy transformed to heat and the rate at which heat is
generated. Heat caused by friction is sparks from hot metal particles thrown off when a piece
of foreign metal enters a grinding mill, and the heat formed by friction of a slipping belt
against a pulley.

 Heat of compression refers to heat released when gas is compressed also known as diesel
effect. When the temperature of gas increases the volume of the gas decreases, heat of
compression eliminates the use of spark ignition system as manifested in diesel engines.
Overheating of machinery may cause fires from the heat gathered from the rolling, friction or
sliding in machinery or between two hard surfaces, at least one of which is usually a metal.
Ignition sources of this kind are heated bearings, belts or rotating machinery which overheats
as a result of pulley slippage.

 Heat Units: Calorie, the amount of heat needed to raise the temperature of one gram of water
1°C, it is measured at 15° to 16° C. 1 BTU = 252 calories.

 BTU, British Thermal Unit refers to the amount of heat required to raise the temperature of
one pound of water 1°F.Specific heat known as thermal capacity of a substance this refers to
the number of BTU needed to raise the temperature of one pound of a substance 1°F or the
number of calories to raise one gram 1° C. Except for water all substances have specific heat
less than its density.

 Latent heat refers to the amount of heat absorbed by a substance when a substance from
solid to a liquid, and from a liquid to gas. On the other hand, heat is released during the
conversion of a gas to liquid or liquid to solid.

 Heat of fusion is the quantity of heat necessary to convert solid to liquid.

 Heat of vaporization is the quantity of heat absorbed when a substance is converted from
liquid to gas.

 Methods of heat transfer: Conduction – Which refers to the passage of heat energy from
particle to particle in a substance. Heat moves by conduction through solids or between solids
in contact with each other. The speed of conduction depends upon the temperature difference
and density of the solid.

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 Solids are better heat conductors than gases; in a perfect vacuum no heat is conducted.
Thermal conductivity which refers to the measure of the rate of flow of heat through unit area
of the material unit without temperature gradient.

 Unit temperature gradient means that in the direction of the heat flow, the temperature is
falling off one degree per unit distance.

 Convection – Usually generated by intense fire it refers to heat travel in an upward movement.
Heat moves by convection by moving from one molecule to another creating a thermal column
called convection currents which circulates and rise.

 Convection is a means by which heat is transformed by a circulating medium either gas or a

liquid. Convection currents also carry combustible and heated pyrolytic products upward in a
structure to the highest point available. The gases produced by strong heat then mushroom
out across the bottom art of the roof until the horizontal movement is blocked. At this stage, it
begins to bank down along the sides of the walls of the structure leaving the inverted cone
burnt patters referred to as the fingerprint of fire.

 When the ignition temperature of these gases is attained they flash and ignite into what is
known as flash-over which produces the dreaded fireballs which could be shot by at a very
intense fire to hundred yards distance.

 Radiation – The process in which energy such as heat and rays of light is sent out from atoms
and molecules as they undergo internal alteration.

 Radiation energy travels in a straight line with the speed of light. Thus, heat absorbed from
the pin point source would be very much less than the same quantity of heat absorbed from a
large radiating surface provided that the absorbing body also has an appreciable area.

 Heat energy travels or is radiated from a hot body to a cold body. The radiation is absorbed by
the combustible surfaces of exposed or nearby structure. As the heat builds up, pyrolytic
decomposition starts. When the ignition temperature is reached, the materials bombarded by
radiation will flash into flames.

 Heat Measurement: Heat of any material is measured by temperature, said temperature refers
to the condition which determines whether it will transfer heat to or from other materials. The
most common device which measures temperature is the thermometer.

 A thermometer consists of a tube filled partially with liquid measures the expansion and
contraction of the liquid with changes on temperature. The tube is calibrated to allow the
reading of the level of the liquid in degrees of a temperature scale.

 Fahrenheit degree °F is 1/180 the difference between the melting point of ice and the boiling
point of water. On the Fahrenheit scale, the melting point of ice is 32° F while boiling point of
water is 212° F.

 Centigrade also known as Celsius degree °C is 1/100 the difference between the temperatures
of meting ice and boiling water at one atmospheric pressure. On the centigrade scale the
boiling point of water is 100° C and the melting point of ice is at 0° C.

 Absolute or Kelvin °A or °K is the same scale as Celsius degree but the boiling point of water
is 373 and the melting point of ice is at 273.

 Known as fuel in the fire triangle, combustible materials must be heated to its ignition
temperature before it burns. It is categorized as solid, liquid and gas.

 Common solid combustible materials. Wood and wood based products. A very adaptable
material which is usually utilized in construction, furniture, interior decoration and the like.
Given the sufficient thermal environment, wood is conducive to a given reaction it will char,
smolder, ignite and burn.

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 The principal components of wood are carbon, oxygen and hydrogen with minute quantities of
nitrogen and sulfur. The other chemical components are nitro cellulose, resin, sugar, lignin,
gums, esters of alcohol and mineral matters which forms ash when wood is burned. In live
wood the cells retains available moisture in forms of water, when dead and dried air replaces
most of the water in the cellulose structure.

 The factors influencing ignition and burning are : physical form wherein smaller pieces speeds
up the burning process; moisture content wherein dead wood burns faster than live wood due
the absence of water; heat of conductivity wherein wood is a poor conductor thus having a
high insulating value; the rate and period of heating which influence the susceptibility of
wood to ignition; the rate of combustion which is markedly influenced by the physical form of
the combustible material, the air supply present, the moisture content, and other factors
where complete combustion to proceed there must progressive vaporization of the solid; and
the Ignition temperature which vary widely depending on the specific gravity sample, and the
aforementioned factors.

 Textiles and Fibers. Almost all textile and fibers are combustibles. The factors that influence
the burning of textile are chemical composition of the textile fiber, the finish of the fabric, the
fabric weight, the tightness of the weave and the flame retardant treatment. Fibers may be
classified according to its composition as natural fibers such as mineral or inorganic such as
asbestos, vegetable or cellulosic such as cotton, coconut, corn and pulp and animal or protein
as wool from sheep and silk from worm; and Artificial or synthetic such as inorganic like steel
and fiber glass and organic which imitates vegetable fibers such as rayon.

 Fiber finish if sufficient combustible coating or decorative materials are placed on fabric will
sustain continued flaming. A number of synthetic fabrics when exposed to temperature
approaching their decomposition or melting temperatures shrink. When shrinkage brought
the fabric into contact with the skin, the insulating layer of air is reduced and the amount of
heat transferred to the skin is significantly increased.

 Fabric weight affects the rate of combustion at which the textile fiber undergoes, the heavier
the fabric of the same composition, the more resistance to ignition. Tightness of weave is a
factor in burning since the closer the fibers are in the weaving of fabrics the more it will
minimize the air spaces between them delaying the speed of burning. The effect of chemical
treatments in reducing the flammability of combustible fabrics is complex and varied.

 Chemical or mixture produces non combustible gases that tend to prevent oxygen from
burning surfaces. Radicals and molecules from degradation of the flame retardant chemical
reaction are endothermic and interface with the chain reaction in the flame. A non-volatile
char or liquid is formed by the chemical which lowers the quantity of oxygen and heat that
can reach the fabric. And divided particles are formed that change the combustion reaction.

 Plastics are classified as ordinary combustible; it consists of materials mainly of organic or

high molecular weight substances. Plastics are solid in finished state, with more than 30
classes of polymer groupings.

 Liquid combustible materials. Flammable liquids have a flash point below 37.8° C and having
a vapor pressure not exceeding 40 psi. Combustible liquids are those with a flash point of
above 37.8° C. It is the vapor from these liquids which are used as fuels from the evaporation
of the liquids when exposed to air and under influence of heat which will explode or burn. The
most widely used flammable liquid is gasoline.

 Burning characteristics of liquids. Liquids having vapors in the flammable range above the
liquid surface at the stored temperature will have a rapid rate of flame propagation.
Flammable and combustible liquids having flash points of above stored temperature have a
slower rate of flame propagation since it is necessary for the fire to heat adequately the liquid
surface to produce a flammable vapor-air mixture before the flame will spread through the
vapor. Wind velocity, temperature, heat of combustion, barometric pressure and latent heat of
vaporization are variables affecting the speed or rate of propagation and burning.

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 Fire and explosion from combustible and flammable liquids may be prevented by the following
measures: Exclusion of sources of ignition; exclusion of air; keeping liquids in closes system
or container; ample ventilation to prevent the accumulation of vapor within the flammable
range and the use of inert gas instead of air.

 Gases. Gas is a state of matter which has no definite shape and volume. Composed of minute
particles called molecules which are at constant random motion in a straight line.
 Gases as to its Physical Properties:
o Compressed gas in which at all normal atmospheric temperature inside its container exist
exclusively in the gaseous state under pressure which depends on the pressure to which
the container is originally charged, temperature affects the volume and pressure of the
gas.

o Liquefied gas is one which at normal atmospheric temperature inside its container exists
partly in liquid and solid state and under pressure as long as the liquid remains in the
container.

o The pressure depends upon the temperature of the liquid, the amount of liquid.

 Cryogenic gas refers to a liquefied gas which exists in its container at temperature way below
normal atmospheric temperature typically slightly above its boiling point and correspondingly
low to moderate pressure. A cryogenic gas cannot be retained exclusively in a container
design because heat from atmosphere cannot be prevented from entering the container which
continually raises the pressure to a level which if allowed to persist would exceed the feasible
container strength.

 Gases according to its use: Medical gases refer to those used for treatment such as for
anesthesia (nitrous oxide, chloroform) and respiratory therapy (oxygen).

 Industrial gases includes a number of gases used in welding and cutting (oxygen, acetylene);
refrigeration (sulfur dioxide, ammonia, Freon); water treatment (fluorine, chlorine); chemical
processing (nitrogen, hydrogen), and the like.

 Fuel gases are flammable gases used for burning with air to produce heat for power, light,
comfort and process. Liquefied petroleum gases, butane, propane and natural gases are the
most commonly used as fuel gases.

 Chemicals: Hazardous properties of chemicals are classifies into: combustibility, radioactivity,

instability, ability to oxidize other materials, reaction to air and water, corrosiveness and
toxicity.

 The following are common combustible chemicals:

o Carbon Black formed by the incomplete combustion of acetylene or natural cracking of
hydrogen in the absence of air;

o Lampblack formed by the burning of low grade heavy oils or tarry and resinous materials;

o Lead thiocyanate which when burned slowly decomposes to form carbon disulfide which is
highly toxic and has an obnoxious odor;

o Peroxides which are combustibles by themselves and are widely used in the plastic
industries;

o Sulfides such as antimony pentasulfide used in safety matches, phosphorus pentasulfide

which burns spontaneously in the presence of moisture, phosphorus sequisulfide which is
easily ignited and highly flammable, potassium sulfide and sodium sulfide which are
moderately flammable liquids which when oxidized produces toxic sulfur dioxide;

o Sulfur a yellow solid, odorless and insoluble in water and

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 o Napthalene used as an insecticide is a white solid with aromatic odor and sublimes at
ordinary temperature.

 Radioactive materials. Elements and compounds which are radioactive have fire and explosion
hazards identical with those of the materials that are not radioactive. They may cause damage
to the tissues and other genetic damage. When fire is produced, dust, smoke and vapors may
contaminate areas within the fallout range. Unstable chemicals refers to those which undergo
chemical change very willingly on exposure to air, heat, water shock or pressure and may be
self reactive. It includes Acetaldehyde which undergoes addition reaction with other
compounds making it hazardous in the presence of certain catalysts at elevated temperature;

 Ethyl oxide which undergoes violent exothermic polymerization by action of heat or shock or
when catalyzed by anhydrous chlorides by aluminum, tin or iron the vapor produced may
cause detonation;

 Hydrogen cyanide which is a colorless gas that is toxic and flammable.

 Oxidizing Chemicals. Known as sources of oxygen for combustion, the following are common
substances which are used to increase ignition and intensity of burning: Nitrate a fire hazard
widely used as fertilizers, preservatives, gunpowder and salt baths when heated it melts and
releases oxygen;

 Nitrites a more active oxidizing agent since it melts and boosts oxygen at lower temperatures;

 Inorganic Peroxides such as Barium, sodium, potassium and strontium peroxides which by
nature are non combustibles but when mixed with water and reacts exothermically forms
heat and oxygen, it also includes hydrogen peroxides which are white powders and usually
stored in dark colored bottles and kept at cool places since it decomposes to form water,
oxygen and heat;

 Chlorates such as potassium chlorate which is a white, odorless crystal that is soluble in
water when heated it forms oxygen and potassium chloride which may either ignite or
explode;

 Dichromate often used as sodium, potassium and ammonium dichromate which are non
combustibles but in the presence of oxidizable materials may cause them to ignite;

 Hypochlorite called bleaching agents such as sodium hypochlorite and calcium hypochlorite
which when heated release oxygen and when it comes in contact with acid forms chlorine,
chlorine monoxide aside from oxygen;

 Perchlorates which are stable but when added with sulfur, carbonaceous materials and metal
powders may cause an explosion; and

 Permanganese which when mixed with combustible materials are subject to ignition by
friction.

 Air and water-reactive chemicals such as: Alkalis which when mixed with water reacts with
the evolution of heat sufficient to ignite nearby combustible materials;

 Anhydrides when added to water forms acid with a generation of heat they are considered as
combustibles and hazardous;

 Charcoal which is capable to heat spontaneously when there is lack of insufficient cooling;

 Coal in forms of anthracite used for fuel and burns with a blue flame and bituminous coal
used for the production of industrial chemicals;

 Hydroxides which are compounds of metals and hydrogen the exothermic reaction of
hydroxides with water when exposed to air may cause ignition;

43
 Oxides reacts with water non metallic ones produces base, while metallic oxides produces
acid its reaction may generate enough heat to ignite wood, paper and other combustible
materials;

 Phosphorus which rapidly oxidizes in air and spontaneous combustion; and

 Sodium which is a silvery waxy white solid with low density which explodes as a result of
reaction with water forming caustic soda and hydrogen.

 Corrosive Chemicals which are highly irritant to tissues it comes it contact with and have
noxious effects when inhaled such as: Inorganic acids;

 Hydrochloric acids commonly known as muriatic acid; nitric acid which are used as etching
solution;

 Perchloric acid which in greater concentration than 72% is a strong oxidizing and dehydrating
agent when heated increasing the rate of burning; sulfuric acid which is a colorless, oily liquid
known as oil of vitriol which when mixed with organic substances may release heat and cause
ignition; and

 The non-combustible Halogens which are salt producing electromagnetic elements fluorine is
the most reactive; while iodine is the least reactive they support combustion.

 Toxic chemicals are usually released in fires and explosions, protection against its effects may
be undertaken by: using the most practical method available of controlling and confining the
chemical to avoid contact and safety precautions and warning signals with steps to be taken
in case of contact with toxic chemicals.

 The Fire. Arson investigation starts with the fire itself and the observation of the first
responders usually the firemen. To create a fire three elements must co-exist, commonly
referred to as the fire triangle composed of oxygen, a fuel source and ignition heat. In most
cases the percentage of oxygen concentration must be above 16% to sustain the fire. The heat
source needs only a match the ignition temperature of the fuel.

 In a fire involving arson, the fire-setter will have altered with one or more of the factors in the
fire triangle. The arsonist may increase the fuel load by introducing flammable material or by
adding accelerants such as kerosene, alcohol or gasoline which may be easily accessible. The
arsonist may increase the oxygen content of a structure by opening the windows or punching
holes in the walls and ceilings.

 Fire will follow the highest concentration of oxygen to its source. By circulating air, a
structure at the top and starting a fire at the bottom of the structure a fire setter can cause
the fire to race upward through the structure. The fire will rapidly engross the entire structure
rather than the confined area.

 An arson fire necessitates the introduction of heat source that can be as simple as a match or
as complex as chemicals with very low ignition temperatures. By description a fire is
considered an arson fire when all other providential and accidental cause has been ruled out.

 To state that the cause of the fire was arson and therefore deliberate, the investigator must
have adequate evidence that one of the factors in the fire triangle was tampered.

 Classes of fire: Class A- In a class A fires, the fuel is comprised of normal combustible
materials such as wood, paper, fibers, draperies and trash. It requires saturation by water or
water fog.
 Class B- In class B fires, the fuel is flammable liquid such as gasoline, kerosene, cleaning
fluids, grease and alcohol. In combating such fires, the flammable liquids must be smothered
to deprive them of oxygen, hence foam extinguishers and CO2 may be utilized.
 Class C- Class C fires are those which start with live electrical wires, equipment, electrical
appliances. It is commonly known as electrical fires. It is easily extinguished by a non-
conducting agent such as CO2 and dry chemicals.

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 Class D - this type of fire are rare, and usually occurring in the manufacturing facilities, since
the combustible material are certain metals such as potassium and magnesium. It can be
extinguished by using dry powder ABC chemical, baking soda or sand.

 Proof in arson cases: Since physical evidence is hard to obtain by the fact that most if not all
of the evidence is destroyed or burned the corpus delicti or the fact that a crime was
committed as well as the identity of the fire setter or arsonist must be established.

 Corpus delicti is established by: Burning, Criminal design may be proved by the presence of
incendiary devices to show the fire was not accidental, and Evidence of intent
 Motives of arsonists:
o Economic gain : To profit by committing insurance fraud; Desire on the part of a
businessman to dispose merchandise; To cover up business failure; To increase rentals; or
To avoid settlements and impending liquidation.
o Concealment of a crime is usually done to hide the corpus delicti in cases involving
robbery, homicide and murder in an attempt to mislead police investigators.
o Punitive measures to inflict injury and damage to property even death due to revenge,
hate or jealousy.
o Intimidation it is done by saboteurs and racketeers to coerce and threaten persons and
business establishments.
o Economic disabling is undertaken to eliminate business rivals.
o Pyromania refers to the uncontrollable impulse or desire of a person to burn anything
without any motivation. Such persons usually do not run away from the scene of the
crime because they love watching fires and conflagration.

 Procedures in tracing the origin of fire and searching for evidence: 1 st step: The conduct of
careful inspection of the burned building from the outside which may reveal any external
origin of the fire through burn patterns.

 2nd step: Internal survey and inspection of the burned structure from the inside to determine
the origin of the fire. At this stage the investigator has to locate the area where there is the
heaviest charring and destruction.

 3rd step: Location of the point of origin of the fire by finding out where there is most severe
destruction may indicate the area of origin. The ceiling area is usually the first location to be
inspected.

 4th step: Locating the inverted cone pattern where the ashes and traces under it would reveal
the kind of fuel used in the fire. Another useful indicator to the area of origin of the fire is
locations with partially melted glass or electric light bulb. The inverted cone pattern is
referred to as the fingerprint of the fire.

 Basic Lines of inquiry: The questioning must be focused to determine the following: Origin of
the fire, Motive, Identification of the fire setter. And identification of the other suspects. In the
investigation of a fire scene, the Bureau of Fire Protection operative and units has sole
jurisdiction over cases involving fire. The person who called the alarm, the residents and the
firemen who first responded to the scene are the most valuable witness who may shed light as
to the origin of the fire and its causes.

 Tell tale signs of incendiary fires - The presence of plants, trailers and or accelerants in the
crime scene are an indication that the fire is neither providential nor accidental.

 Plants – refers to the preparation of materials used as fuel to start fires such as rags,
newspapers, plastic, clothing, fabrics wood shavings and other combustible materials which is
easily acquired.

 Trailers – A device used to spread the fire throughout the structure. The most common
trailers used are fuel oil, gasoline, paint thinner and lighter fluids.

 Accelerants – Refers to any combustible liquid which is used to speed up or hasten the start
of the fire. Several things looked for when examining the scene for sign of accelerants used,

45
 the most obvious sign would be the presence of containers in areas where accelerants would
not normally be found, a hydrocarbon vapor detector can be used.

 Liquid when poured on a carpet will soak into the carpet creating a concentrated char pattern
on the sub floor below, samples should be collected for laboratory analysis. When samples are
taken they are placed in air tight containers with a strip of activated charcoal to trap the
vaporized hydrocarbon residue when the container is heated, this will allow the forensic
chemist to test smaller concentrations of residue concentrated in the charcoal.
 Incendiary timed devices such as candles, lit cigarettes attached to a box of matches, electric
current rigged, cell phones, computers and thermostat rigged to set ignition of a fire when
activated, the key is for the investigator to determine if they were likely to cause a fire and the
location is reasonable.

 The point of origin must match the ignition source and the ignition source must be in a place
in which it would normally occur to prove arson has been committed.

 At this point the arson investigator deviates from the procedures used in normal criminal
investigation since it is essential for the investigator to interview the first responders and
firefighter to know the color of the smoke and determine what material was burned.

 Evidence of pre-planning a fire gives the arson investigator excellent proof of intent to commit
arson.

 Fires and Explosions Distinguished. All forms of fire and explosion are subtypes of a larger
term, combustion. Fire is a basic chemical reaction based on oxidation. Explosion on the
other hand, is a two-tiered chemical reaction based on the volatility of mixing at least two
substances.

 The fire triangle consists of fuel, oxygen and heat source, while the explosion triangle is
composed of fuel, oxidizer and ignition. Explosives may be used in arson or in itself detonated
for some other purpose such as terrorism, it can be made from very simple to sophisticated
materials depending on the amount of damage is desired.

 Classified as low explosives (gun powder) 2,300 meters per second or high explosives with
6,900 meters per second the speed of detonation. High explosives are available commercially
or militarily. Dynamite has been around since 1890 when discovered by Alfred Nobel using
nitro glycerin methods.

 In recent years ammonium based or emulsion based is used, modern dynamite is a gel that
mixes oxygen-rich ammonium nitrate with guar gum in a hydro-carbon base with micron-
sized resin, glass or ceramics, Nobel’s dynamite of 78% sodium nitrate and 12% nitroglycerin
has been replaced by gelignite, the modern term for dynamite.

 Ammonium nitrate when mixed with oil is called ANFO an explosive used on New York’s
World Trade Center in 1993.

 TNT unaffected by moisture, its name is Trinitrotoluene it is extremely shock sensitive and
unpredictable.

 A military explosive, RDX(C-4) was invented by the British during World War II when mixed
with TNT it is called Cyclotol or C-6. It has a plastic, dough-like consistency and charges can
be shaped for special detonation effects, its dusts when inhaled for a long time may cause
amnesia and epilepsy.

 PETN or Pentaerythritol Tetranitrate is a nitrate ester. It is used in primacord which can also
shape charges.

 Bombs in packages, boxes, suitcase and the like are usually triggered by a battery-powered
switching mechanism such as clock or mercury switch which is activated when the package is
opened. Car bombs are usually powered by the vehicles ignition engine switch.

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 Color spot tests exist for most common volatile materials. X-ray examination and infrared
spectro-photometry will reveal most organic explosives.

 Chromatography is necessary for detecting traces of plastic or military explosives.

TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION

 Traffic-refers to the movement of persons, goods, and vehicles either powered by animals
or animal- drawn vehicles, or by combustion system from one place to another for the
purpose of safe travel. Though frequently applied to the movement of motor vehicles, it is also
concerned with persons, goods, or even messages: articles such as city planning,
transportation emphasize the economic, social, political importance of the design of facilities:
systems of movement.

 Traffic Management- is an exclusive function such as planning, organizing, and directing,

supervising, coordinating, operating, recording, and budgeting traffic affairs. It also refers to
all agencies having responsibilities for ascertaining traffic flow requirements, such as
planning, approving, funding, construction and/or maintaining public facilities for such
movement. Further, it also refers to all agencies responsible for licensing, approving,
restricting, stopping, prohibiting, or controlling the use of these facilities. The pillars or the
Three E’s of traffic management is Engineering, education and enforcement.

 EDUCATION- the process of giving training and travel and practice in the actual
application of traffic safety knowledge.

 ENFORCEMENT- the action taken by the police such as arresting, issuing traffic citation
ticket, and giving warning to the erring drivers for the purpose of deterring and discouraging
and/or to preventing such violation.

 ENGINEERING- the science of measuring traffic and travel, the study of the basic laws
relative to the traffic flow and generation, and the application of this knowledge to the
professional practice of planning, and the operating traffic systems to achieve safe and
efficient movement of persons and goods.

 Land Transportation Office (LTO)- Implement laws, rules and regulations governing the
registration of motor vehicles, operation or motor vehicles and traffic rules and regulations as
provided for under Republic Act 4136 as amended and other related laws.

 Land Transportation Franchising and Regulatory Board (LTFRB)- prescribes and regulates
transport routes; grant, deny, suspend, or cancel land transport franchisees; prescribe and/
or adjust transport fares; issue injunction in accordance with the Rules of Court; punish for
contempt issue subpoenas conduct investigation and hearing on violation of public utility
laws and rules reviews motu propio decision\actions of the regional offices fix, impose and
collect fees for service rendered formulate and enforce rules and regulations for transport
operators for the promotion safety and convenience of the public coordinates such duties and
function as may be provided by the law and those incident to the objective of Executive Order
No. 125, 125-A.

 Department of Transportation and Communication (DOTC) - shall be the primary policy

planning, programming, coordinating, implementing regulating and government in the
promotion development and regulation of dependable and coordinated networks of
transportation and communication system as well as in the fast safe efficient and reliable
postal transportation and communication services as provided for under E.O. No. 125.

 Metro Manila Development Authority (MMDA) - Set the policies concerning the traffic in
Metro Manila and shall coordinate and regulate the implementation of all programs and
project concerning traffic management as provided for Under Republic Act No.7924.

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 Legislation-Laws and Ordinances/Congress and Local Councils.

 Courts-Fines and penalties and furnish all enforcement agencies with information and to
news media and Adjudication of cases.

 Police Traffic Supervision includes: Traffic Direction and Control, Accident Investigation,
Traffic Law Enforcement, and Traffic Accident Report.

 Involved in traffic engineering, the Department of public works and highways have the
responsibility for determining traffic flow patterns trough origin and destination of person and
things planning approving funding constructions of:
o National roads interconnecting cities and municipalities.
o A network of National roads through cities and municipalities.
o Annual maintenance and repair programs which includes widening and redesigning of the
present road system.

 Public works\ Engineering Offices – refers to autonomous regions provincial cities

municipal and barangay engineering offices which have the same responsibilities as the
DPWH in providing a network of primary roads within their respective jurisdiction this
includes a yearly maintenance and repair programs.

 Traffic engineering is the science of measuring traffic and travel, the study of the basic
laws relative to the traffic flow and generation, and the application of this knowledge to the
professional practice of planning, designing and operating traffic systems to achieve safe and
efficient movement of persons and goods. Fact finding surveys and recommendation of traffic
rules and regulations. Supervision and maintenance to the application of traffic control
devices. Planning of traffic regulations.

 Traffic Control includes devices and aids with basic requirements such as:
o They should compel attention.
o They should convey simple, clear meaning at a glance.
o They should allow time for response.
o They should commend respect.

 Fundamental traits include:

o Design and outward aspect of the device.
o Position or placement with respect to the normal line of vision of road users.
o Maintenance of the conditions, appearance and visibility.

 Types of Traffic Control Devices and Aids are : Traffic Sign, Traffic Light Signal, Traffic
Island and Pavement Markings

 Traffic Signs : A device mounted on portable support whereby a message in conveyed by

means of words or symbols officially erected or installed for the purpose of regulating, warning
or guiding traffic. Function: To control, safeguard, expedite or guide traffic.

 Legal Authority: To be installed only under public authority or by the official having
jurisdiction for that purpose. No traffic device shall bear any commercial advertisement.

 Standardization: Shall conform to the standards set forth in “The Erection and Display of
Standard Road Signs and Markers” as prescribed by the Department of Public Works and
highways as to shape, color dimension, lettering of symbols.

 Types of traffic signs: Regulatory Signs - Functions: To impose legal restriction applicable
at particular locations usually unenforceable in the absence of such signs. Used to inform
road users of certain laws and regulations the violation which constitute a misdemeanor.

 Warning Signs - Functions:

o To warn traffic of approaching hazardous conditions either on or adjacent to the road
o To seek causation on the part of the motorist of the approaching hazard.
o To call the reduction of the speed.

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 Guide Signs - Functions:
o To guide motorists along established routes.
o To inform him of the proper routes.
o To help him along his way in the most simple and direct method.

 Warning Signs: General danger: This sign marks an area where caution should be used. It
is rarely used by itself. Instead, a supplemental sign is usually mounted beneath this sign
with information on a specific hazard.

 Pavement Markings—all lines, patterns, words, colors, or other gadgets except signs, set
into the surface or applied upon or attached to the pavement or curbing, or to objects within
or adjacent to the roadway, officially placed for purpose of regulating, warning or guiding
traffic.

 Function: To convey warning or information to the road users without diverting his
attention from the roadway under favorable conditions. Legal Authority: To be placed only by
public authority or official having jurisdiction.

 Traffic Lights Signals—a power operated traffic control devices by which traffic is warned
or directed to take some specific action. Functions: To control and facilitate safe movement of
vehicles and pedestrian traffic.

 Types of System: Simulated system- all signals along a given street always show the same
indication at the same time.

 Alternative system- alternate signals or group of signals give opposite indication to a street
at the same time.

 Simple progressive system- common cycle length is used at each interaction and the GO
indications are given independently in accordance to the time scheduled designed to permit a
continuous movement of the vehicles along the street at a designed speed. This may or may
not be interconnected.

 Flexible Progressive System- cycle divisions and cycle length vary by using multiple dials
of adjusted timing; -local controller interconnected with a master controller.

 Traffic Island- areas within the roadway constructed in a manner to establish physical
channels which vehicular traffic is guided. Function: To segregate pedestrians and vehicles;
To control steams of traffic in order to minimize conflicts, expedite traffic flow or increase
safety.

 Traffic Control- Refers to the control of the movement of people and good on existing road
network by means of such devices as signals, sign and markings in a short term and at low
capital cost in order to achieve, safety, mobility, good environment and energy conservation.

 Objectives of traffic control: To increase safety level; To increase traffic efficiency and
mobility; To insure harmonious and comfortable environment and To conserve energy.

 Traffic Education is the crowning jewel of traffic management and abstract architect of
social life and unyielding of man’s destiny on the roadways. As one of the 3E’s of traffic
management, it is a priceless gem in the entire scale of social order on the road, liked to an
oasis in a desert of roadway. Therefore, traffic education must be free and there must be no
economic barrier to its acquisition.

 Traffic Safety Education- This can be carried out on the following levels:
o Imparting knowledge concerning traffic safety.
o Training and practice in the actual application of traffic safety.
o Developing traffic safety morality.

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 Traffic safety education for children is highly unsystematic. This is usually carried out in
the home through parental education and in kindergarten and day nurseries. It is now
necessary to make this form of systematic education to lessen the number of children
fatalities and injuries.

 In general driver instruction aims primarily to teach the rudiments of driving. Secondary
aims are enumerated as follows: To instill awareness of one’s legal and moral responsibilities
in traffic; and To teach the abilities required for one to be edible for a driver’s license.
 Safety campaigns are mass publicity aimed to make road users behave more safely. These
basically focus on public information attitudes, and particular or specific behavior or
combinations of these. Road propaganda may be intended simply to inform or it may be felt
that the public is already aware of the recommended behavior needed to be persuaded into
adopting it.

 Bio-rhythm is the theory which asserts that a man exhibits constant variation of life,
energy and mood states. Of man’s theorized cycles and interpretations rhythm is peculiar
characteristics of most natural phenomena. Example: The exchange of light and darkness;
The four seasons; Our wet and dry season and The waxing and waning of moon.

 The observation of the rhythm mentioned and their possible correlation with the habits of
man led to a host of different theorists that tend to explain this correlation in terms of
physical, psychological, etc. the most famous is not the most controversial is the theory of
biorhythm are the following: 23 days physical cycle; 28 days emotional cycle and 33 days
intellectual cycle. The 23 days cycle is also known as our cycle of strength, endurance and
courage (the male component of a person.) The 28 days cycle (equal to a girl’s 28 day
menstrual cycle.)It is also known at cycle of sensitivity, love and intuition (the female
component of a person). All these cycles at the time we are born. When the curve is above the
center line, the biorhythm value is said to be “high” or a person has some energy to spare.

 Physical High- we tend to be energetic, strong full of vitality; Emotional High- we tend to
be creative, artistic, cheerful and happy and Intellectual high- we are able to think quickly
and logically.

 Physical Low- we tend to get tired quickly and tend to succumb to illness easily;
Emotional Low- we feel moody, irritable or depressed and Intellectual Low- we find
concentrating or remembering difficult or we are likely to use poor judgment when any of the
curves crossed the center line, this is called a critical day wherein our systems seems to be in
state of transition. During such critical period people tend to get sick easily, seem to lack
coordination and tend to be accident prone.

 Licensing system- in the Philippines under R.A. 4136 as amended, the administration of
the issuance of driver’s license is administered by the Land Transportation Office. Driver’s
License is issued to the driver it is not a right but only a privilege granted by the state to its
citizen who possesses the statutory qualification as provided therefore. It is also public
document which has the legal presumption of genuineness.

 Licensing Procedure- Generally, issuance of driver’s license are open to all citizens
provided that the time of the filling of application, for student driver’s permit the applicant
must be at least 16 years of age, non professional driver’s license 17 years of age. Professional
driver’s license 18 years of age and he must know how to read and write, must be physically
and mentally fit to drive motor vehicle and must be clinically free from contagious diseases.

 Kinds of Driver’s License: Student Permit- It is at this stage, where a novice driver learns
the rudiments of driving, the essential components of motor skill and control of vehicles.
Under existing provision of law, the validity of a student permit is 1 year, but after 4 months
and the holder’s competency is proven beyond question, his is eligible to apply for non-
professional drive’s license. Restrictions: Allowed to drive only on the presence of duly license
driver. A licensed driver duly accredited by the LTO, acting as instructor to the student driver,
who shall be equally responsible and liable as the latter for any violation of the provision of
R.A. 4136 as mended by B.P. BLG 398, May 18, 1983, and for any damage done by the motor
vehicle or account or a result of its operation by the student-driver under his direction.

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 Validity: 1 year from the date of issuance. Non-professional Driver’s License- there are two
kinds of applicants for non-professional driver’s license: holder of student permit for 4 months
and, the applicant for the renewal of the expired non-professional driver’s license. The student
applicant to avail the privilege must pass the oral and written test given by the Land
Transportation Office Licensing Center. The test includes the examination of the applicant’s
reflexes, the reaction, vision, and other factors to determine the applicant’s competence.
Having passed the examination, the applicants shall be advised to undergo the practical
driving test under the supervision of the Land Transportation office examiner to check his
skill and control of the motor vehicle. A temporary driving license shall be issued. After the
expiration of 90 days from the issuance of temporary driver’s license, the holder shall return
to the same LTO agency for the release of the laminated Non-professional driver’s license card.

 Restrictions: The holder is allowed to drive his own vehicle only and not to earn livelihood.
The type of category of vehicle authorized to be driven is indicated on the face of license.
Validity: the license is valid for 3 years from the date of issuance and renewable it
automatically expires if not renewed on due date.

 Professional Driver’s License – the change in status from non-professional driver’s license
does not require the holder to submit to other test or examinations. The distinctive features of
the holder of professional driver’s license are the privilege to make driving a means of
livelihood. Restriction- the type of category of authorized to drive is indicated on the face of
the license. Validity- the license is valid for 3 birth years of succeeding year and
automatically expires if not renewed on due date.

 Military Driver’s License- this is one of the two special types of license issued by the
agency for limited and special purpose. While the issuance is made by the Armed forces of the
Philippines (AFP), however, the holder has to pass all the test and examination in compliance
with the rules and regulation thereof. Restriction- the holder must be a military personnel and
authorized to drive a military vehicle only. Validity- the license is valid only for 3 years from
date of issuance and renewable it automatically expires if not renewed on due date.

 International Driver’s License-this is the second special type of license issued for special
purpose by the Philippine Motor Association (PMA). In other countries like the Philippines, it
is mandatory that the applicant must be a holder of domestic license, a sine-quanon before
the issuance of International Driver’s License. This kind of license is also issued to foreigner
or tourist with tourist with driver’s license who desire to drive after the period of 90 days stay
or sojourn. Provided the applicant comply with the basic requirement for licensing.
Restriction- a citizen holder of this kind of license is not authorized to drive in the roadways
unless he carries with him the valid as local driver’s license. Validity- the license is valid as
indicated therefore and recognizes in countries signatories to the Geneva Convention.

 Driver’s License Restriction Code: A driver holding a driver’s license with Restriction Code
No.1 is limited to a motorcycle. In general the use of term “VEHICLE” is RC 2 & 3 to any
motor vehicle regard less of the transmission whether conventional or automatic. On the other
hand, the use of the term “AUTOMATIC CLUTCH”, in RC 4 & 5 means that the license is
limited to drive a vehicle with automatic clutch or transmission only.

 Restriction code is further categorized according to the Gross Vehicle Weight (GVW) of the
vehicle as indicated in the following. A driver holding a driver’s license with Restriction Code
No. 2 is authorized to drive a conventional motor vehicle with Gross Vehicle Weight (GVW) of
up to 4500 kg. He is also authorized to drive a motor vehicle with automatic transmission
(clutch) with same weight. Similarly, a driver holding a drivers license with

 Restriction Code No. 3 is authorized to drive a conventional motor vehicle with GVW above
4500kg. And is also authorized to drive a motor vehicle with automatic (clutch) with the same
GVW.

 A driver holding a drivers license with Restriction Code No. 4 is only authorized to drive a
motor vehicle with automatic transmission with GVW of up to 4500kg. He is in violation of the
rules if he drives motor vehicles whose transmission is conventional with the same GVW.

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 Similarly, the authority of a driver holding a drivers license with Restriction Code No. 5 is
limited to a motor vehicle with automatic transmission (clutch) with GVW above 4500 kg. He
is not allowed to drive a conventional motor vehicle with the same GVW (LTO Memorandum
dated 23 February 1998).

 Lost Driver’s License : In case the license has been lost or cannot be produced the license
shall apply for a duplicate of the original on file with the LTO by filing a sworn statement that
such license has been lost and that a through and diligent search was futile. Sec. 26, R.A.
4136 as amended.

 Driver’s Duties - The Driver-any licensed operator of a motor vehicle Section 3 (d), R.A.
4136 as amended. Thus, no person shall operate any motor vehicle without first procuring a
license to drive a motor vehicle for the current year, nor while such license is delinquent,
invalid, suspended or times when operating a motor vehicle, and shall be shown and/ or
surrender for cause and upon demand to any person with authority under Section 19, R.A.
4136 as amended.

 Duty of the driver in case of accident- in the event that any accident should occur as a
result of the operation of a motor vehicle upon a highway, the driver shall stop immediately,
and if requested by any person present, shall show his drivers license, give his true name and
address and also the true name and address of the owner of the motor vehicle.

 No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the
accident without aiding the victim, except under any of the following circumstances:
o If he is in imminent danger of being seriously harmed by any person or persons by reason
of the accident.
o If he reports the accident to the nearest officer of the law; or
o If he has to summon a physician or nurse to aid the victim. Section 55, R.A. 4136 as
amended.

 The Conductor- as mandated by law, the conductor must pass the statutory qualification
before a license is issued in his favor, a condition precedent to his employment. He shall be
exclusively held liable if he allow more passengers or more freight or cargo in his public utility
trucks or buses.

 Section 32, R.A. 4136 as amended LTFRB MEMORANDUM CIRCULAR NO. 91-014:
Allowing Public Utility Jeepney to ply out of the line, emergency, and personal use of
operator’s immediate family. PUJ are hereby allowed to operate “out of line” without securing
from the LTFRB the necessary permit to operate out of the line, provided the propose of the
out of line trip is emergency in nature and/or the said vehicle is availed for the personal of
the immediate family of the operator, provide that and/or spouse, a parent, or direct
descendant is physically present inside the vehicle during the trip, and provide further that
marked

 Reckless driving – means a dangerous conduct and attitude which indicates a lack of
concern for injurious consequences.

 Obstruction – an object or vehicle on the road that hinders or prevents the smooth flow of
traffic.

 Carnapping: It is the taking, with intent to gain, of a motor vehicle belonging to another
without the latter’s consent, or by means of violence against or intimidation of persons or by
using force upon things.

 Elements of the crime: That the offender must have taken a motor vehicle belong to
another; That the taking is with intent to gain; and That the motor vehicle was taken without
the owners consent or by means of violence against or intimidation of persons, or by using
force upon things.

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 Motor Vehicle Used in Crime: Effects - Motor vehicle would be aggravating circumstances,
if the crime were committed by means of a motor vehicle. Use of motor vehicle is not
aggravating where there is no showing that the same was purposely used to facilitate the
commission of the crime. Nocturnity and use of motor vehicle are aggravating in the
commission of theft.

 Acts Considered Carnapping:

o When motor vehicle engines, engine blocks and chassis is not registered with the LTO
shall be considered as untaxed importation or coming from an illegal source or carnapped,
and shall be confiscated in favor of the government.

o When motor vehicle is assembled and rebuilt or repaired by replacement with motor
vehicle engines, engine blocks and chassis not registered with LTO shall be not issued
certificate of registration and shall be considered as untaxed imported vehicle or motor
vehicle carnapped or proceeding from illegal source.

o Defacing or tampering with serial numbers of motor vehicle engines, engine blocks and
chassis perforce constitute carnapping. It shall be unlawful for any person to deface or
otherwise, tampers with the original or registered serial numbers of motor vehicle engine,
engine blocks and chassis.

o When person takes motor vehicle with intent to gain, belonging to another without the
latter’s consent; by means of violence against or intimidation of persons, or by using force
upon things is performing carnapping.

 Enforcement Theory: Traffic law enforcement is the action taken by the police and the
court to compel obedience to traffic laws and ordinance regulating the use and movement of
motor vehicles for the purpose of creating a deterrent to unlawful behavior by all potential
violators. Enforcement of traffic legislation is the area activity aimed at controlling road user
behavior by preventive, persuasive and punitive methods in order to effect the safe and
efficient movements of traffic. Traffic law enforcement as it applies to statutes, ordinance and
legally authorized regulation relating to use of street and high-ways and ownership and
operation of motor vehicles.

 Function of Police Traffic Law Enforcement – the part of the traffic law enforcement
performed by the police and other agencies with police including deterrent to law violation
created by the presence of uniformed police officers and their special equipment, special
assistance to courts and prosecutors and incidental service to highway users.

 Court Traffic Law Enforcement – the part of traffic law enforcement performed by the court
by adjudication and penalization. These two major functions of traffic law enforcement
indicates that the court and police play major role of successful implement of any traffic law
enforcement would be considered successful unless both of the agencies mentioned are also
successful and coordinative in their respective functions.

 Enforcement Process : The need for close relationship these two agencies are further
emphasized by the police-court enforcement process which involve five essential steps with
the police providing varying responsibilities and influence over each of these five steps to wit:

 Detection- this is wholly police responsibility, which requires adequate training and
experience on the part of the police to make them more effective in their enforcement effort
while assigned in the field. With sufficient preparation to traffic law enforcement activities, the
policeman at the intersection could easily detect traffic law violation by his knowledge of
existing traffic rules and regulation. He can also easily spot hazardous moving violation
embodied in our existing laws.

 Apprehension- this is again a wholly police function and responsibility requiring the
applications of the various traffic law enforcement and designed (a) to prevent such violation
from endangering person or property or inconvenience other users of the traffic way (b) to
prevent continued violations or (c) discourages future repetition.

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 Prosecution- while this is court function the police also provides corresponding influence
through preparation and introduction of evidence or close with prosecution officer.

 Adjudication- while this obviously a court function, the police provides influence on this
step by acting as witness to prosecution or supplying addition evidence.

 Penalization- in this last step the court imposes the penalty upon the respondent by the
weight of the penalty would again be greatly influenced upon presentation of the past or
previous criminal records of the respondent by the police.

 Objectives of Enforcement : Aside from the goals and enforcement activities mentioned
above traffic law has the following objectives:
o Preventive activities such as preventive patrols, directing and supervising traffic
investigating accidents and eliminating road hazards.

o Persuasive activities such as oral or written warning or visible patrols.

o Punitive activities normally dealt by the court or traffic authorities. In the accomplishment
of the function and the attainment of the various goals and objectives of the traffic law
enforcement it is important to study the traffic enforcement system.

 The major elements in the traffic enforcement system are: the enforcement system, the
road user system and the traffic system.

 The enforcement system consists of the legislation, the police, the court and penalties.

 Legislation defines and specifies correct road user behavior. The police and the court and
to a lesser extent traffic authorities are charged with responsibility of ensuring that these laws
are lathered to. Preventive techniques are use to induce compliance with the legislation.

 Road user includes pedestrians, pedal cyclist, drivers and passenger.

 The road system can be defined in terms of knowledge, skills, attitudes and characteristics
such as age, sex, health, road experience, etc. the factors affect road user which is controlled
favorably by the enforcement system.

 The traffic system consists of the entire road and vehicle complex.

 The road user exhibits certain behavioral patterns, which lead to inefficiencies in the
traffic system. These inefficiencies can be measured in terms of congested flow and accidents.

 Traffic Laws and The Role of Enforcement: Enforcement is a complex activity because it
deals with human behavior. It is concerned with people attitude, habits, personality and
motives. In order to deal with traffic law violation effectively, it is necessary to understand
something about the following: The first laws concerning driving behavior which were
developed mostly from experience over the years resulting from custom and common usage.
Traffic laws, like other laws, reflect the beliefs, behavior and standards agreed by the society.

 Traffic law violation are classified in two groups:

o Hazardous traffic law violations such as unsafe behavior and unsafe condition
o Other traffic law violations

 How does enforcement affect drivers? The effects of traffic law enforcement are often
subtle the far reaching. The causes of human behavior can be classified into two general
categories:
o Positive motives- which induce a person to seek something of the satisfaction it will or is
expected to provide. Ex. Strong desire to drive faster than conditions would dictates as
safe.

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 o Negative motives- that cause people to avoid action they know or believe will be
unpleasant. If the conflicting motives exist, people tend to rely on the stronger force and
sometimes take illegal behavior like driving faster than the law requires.

 Enforcement is directed toward those situation in which the drivers positive are in conflict
with conventional behavior prescribe by law by developing negative or avoidance action on the
part of the drivers. The principal power of enforcement is the power to punish or to make
forbidden act not unpleasant. If enforcement is frequent and a penalty is certain, these
produce a strong negative response to committing certain acts. If the negative implications
developed thru enforcement are strong enough they will resolve conflicts concerning
prohibited actions by making the anticipation of unpleasantness out weigh temporary desire
to behave illegally. Enforcement creates these feelings or beliefs in drivers in two ways by
observational effect and by means of reputation.
 Observational effect- if a driver sees a police officer or identifiable police vehicle, he is
reminded that he must obey the law or suffer the consequences.

 How drivers violate traffic laws when they are in the presence of police officers? The officer
is a symbol of authority that inhibits certain type of driving behavior. While he is present, the
risk of being apprehended and penalized for violation is high.

 How long this effect will last after the officer leaves the immediate vicinity depends with
which the driver sees by the enforcement officers do? If they take action on a violation and
dangerous driving practice is observed, the deterrent affect of seeing an officer tends to be
high of more lasting. If action is infrequent the deterrence affect is low and short lived. The
frequency of observation depends of course on how many police officers are available.

 By reputation- the long range of enforcement programs in a community creates general

beliefs concerning police and enforcement which do not depend directly upon seeing a police
officer.

 If enforcement is steady and active over a long period of time drivers develop the feeling
that their risk of being apprehended at any time is high.

 If the estimate of risk is high drivers do not take the change of being caught frequently. As
result, long term changes in driving habits of the community gradually begin to take place. It
is the “influence by reputation” that the enforcement strives to attain. It is usually these long
range effects which load to permanent improvements in the driving habits of this community.

 Enforcement and Traffic Control: The part of the police traffic law enforcement involving
arrest, citation or warning of any person believed to have violated law, ordinance or regulation
pertaining to the use of traffic ways the person has knowledge of those action and when it is
to (a) prevent such violation from endangering person or property or inconveniencing other
user of the traffic way; (b) prevent continued violation; (c) discourage future repetitions.

 There are three general kinds of police traffic enforcement traffic arrest, warning and
citation.

 Traffic Arrest – is an enforcement action which consists of taking a person into custody for
the purpose of holding or detaining him to answer a charge of law violation before court.

 Arrest is made when:

o The offense committed is serious.
o Detention is necessary to avoid continued violation.
o There is reasonable doubt that the violator will appear in court.

 Traffic Citation – is a means of having violation appear in court without physical arrest.
The issuance of citation is the most common enforcement action by the police. This is an
efficient system since majority of violators with minor offenses are punished promptly by
paying their fines at an administrative body without court appearance.

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 Traffic Warning: Visual Warning – are usually used when you have observed a minor
violation but are more importantly occupied at a moment. You indicate by gesture of the
hand, and of the head, a blow of a whistle that you aware of the violation. Such action
reminds the violator that he has committed a violation and that the police are observant.

 Verbal Warning – a form of safety education. Wherein you inform driver that he has
violated traffic law and explain the hazards of such actions. They are frequently used when
there is a new enforcement program going into and the preliminary phase calls of a period of
public educations.

 Written Warning – are combinations of verbal warning and citation they gave the spirit of
the verbal warning in the form of citations. Because it is written and resembles a citation the
written warning has more noticeable deterrent effect than a verbal warning. There is no
penalty attached and it allows the violator an opportunity to profit by his error than putting
an emphasis on education rather than discipline.

 Decision of enforcement – your first decision will be whether you are to arrest, cite or warn
the violator. Deciding what action is appropriate in any given case is a process of weighing the
main factor involved against certain standards which are as follows:
o Degree of violation, serious or minor violation.
o Accuracy of observation, use of mechanical or electronic measuring device.
o Continuous or momentary action, a factor in some types of violation.
o Traffic and weather condition.
o Evidence.
o A new law or not, the letters requires a period of special consideration.

 Traffic patrol – consists of driving or walking here and there in an area or to end from on a
road for the purpose of traffic law enforcement and to provide traffic connected service to the
police.

 The following are the objectives of the traffic patrol:

o Deterring violation and dangerous driving.
o Detecting and apprehending violator.
o Observing and reporting of traffic conditions.
o Observing and reporting road conditions.
o Providing certain service to the public, handling emergencies and keeping traffic.
 Line Patrol – moving traffic patrol or stationary observation on a specified road between
two points usually on one street or section of highway.

 Area Patrol – traffic patrol or stationary observation in area or beat which include a
number of streets, road or sections of highway.

 Stationary- traffic observation at a selected place usually one with an unfavorable accident
experience or traffic law problem for law enforcement purposes especially to detect violations
and deter possible violators.

 Conspicuous- traffic observations in which the observer tries to attract attention by

keeping in full view of traffic.

 Visible- traffic observation or stationary in which the observer is in full view but so
located, from the example on a side street, as to require effort on the part of traffic to discover
the observer.

 Concealed- traffic observation or stationary observation in which the observer is not

visible to person using ordinary power of observation from the road way being observed.

 Pursuit in Traffic Enforcement: Pursuit is a part of routine enforcement activity performed

by the police and is used when the driver is detected for violating road rules. Pursuit is a part
of apprehension of a violator. In general, a driver who is aware of his violations and the
presence of police will stop his vehicle when signaled to do so. In this instance apprehension

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 is complete and pursuit is not necessary. There are times however when the driver is not
aware that he has been detected in violation and must to be pursued until apprehended.

 Pursuit and successful apprehension of violator may require the operation of the police
vehicle.

 When to pursue? When a violator fails to stop on signals, the normal reaction is to pursue
the violator until he is apprehended. However due to traffic congestion or other complication
such as action is sometimes neither practical nor safe.

 Pursuit must always be tempered with common sense and foresight of likely hazard based
on the chance being taken. Better judgment is used in deciding whether to pursue the chase
or not. Pursuit requiring high speed operations of police vehicle may be justified in certain
circumstances, such as in the apprehension of a driver endangering the lives of motorist,
pedestrian and other analogous situations.

 When a violator has been overtaken by pursuit the problem is to restrain him, the use of
necessary force may be required. If carelessly done, this maybe dangerous to yourself, to the
violator and to the other traffic units.

 Select a place where it is possible to stop the violator promptly, efficiently and safely.

 Stopping a violator must be done in safety to you, the driver and to the other drivers and
pedestrians.

 Approach the violator preferable on the left side from rear and be alert for the unexpected.

 Be alert at all times for the unexpected.

 Decide what enforcement action you are going to take before you begin to approach the
violator.

 In requesting for the driver license and vehicle registration certificate, observe the
following procedure:
o Do not put your head or arm in the car window.
o While waiting for the license ask the driver “What is your name sir?”
o Never accept anything other than the paper requested.
o Have the driver hand over you and requested paper outside the window.
o Ask the papers being requested be removed from billfold or other container.
o Establish the identify of the driver and check the entries of both the license and
registration certificate until you are about to terminate the interview.

 In terminating your contact with the violator observe the following:

o Explain to the driver what action he must take.
o Tell him when and where he must appeal.
o Don’t discuss probable bail or penalties with the violator.
o Avoid any naughty suggestions that he engage the service of a counsel, etc.
o When you are certain the driver understands what he is to do, close the interview by:
thanking the driver for his cooperation and/or explaining the driver how he may avoid
further difficulty.
o Help the driver safely through the traffic.
o When the violator leaves, don’t follow him immediately. He may feel that you are waiting to
nab him again. Either turns around and patrol in the opposite direction or you may stay
where you are for a moment to decide what to do next.

 Road Check: The objective of road check is to detect and inspect the following:
o Faulty vehicle equipment;
o Registration and license violation;
o Intoxication of drivers and
o The load or cargo of commercial transportation vehicle for load weight.

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 Road checks maybe conducted in two types: By physical barriers and officer – directed
road checks.

 In conducting road checks the following considerations should be taken:

o Minimum delay to motorist.
o Thorough checking procedure
o Protection and safety of both motorist and officers.
o Timing. Location and frequency.

 Traffic accident- an occurrence in sequence of events, which usually produce unintended

injury, death or property damage.

 Motor Vehicle Traffic accident- any motor vehicle accident occurring on the traffic way.
The ordinary collision automobile on a highway, road or street.

 Motor Vehicle Non- traffic Accident- any accident occurring entirely at any place other
than a traffic way.

 Non- Motor Vehicle Traffic Accident- any accident occurring on a traffic way, involving a
person or person using traffic way for travel or transportation, but not involving a motor
vehicle in motion collision.

 Motor Vehicle Accident- any event that result in death, unintended injury or property
damage attribute directly or indirectly to the motion of a motor vehicle or its load. Included is
accident injury from inhalation of exhaust gas-fire, explosion, and discharge of firearms
within the motor vehicle when due to motion of the vehicle. Any collision between a motor
vehicle and railroad train. Excluded are collisions of motor vehicle with an aircraft or
watercraft, motion injury or damage due to cataclysm, and injury or damage while a motor
vehicle not under its own power is being loaded or unloaded from another conveyance.

 Classification of Accident According to Severity:

o Fatal Accident- any motor vehicle accident that result in death to one or more persons.

o Non Fatal Accident- any motor vehicle accident that results in injuries other than fatal to
one person or more persons.

o Property Damage Accident- is any motor vehicle accident where there is no death or injury
to any person but only to the motor vehicle or to other property including death or injury
or death to animal.

 Chain of Events in a Vehicular Accident:

o Perception of Hazard- refers to seeing, feeling or hearing and understanding an unusual or
expected condition indicative of sigh that an accident might take place.
o Start of Evasive Action- refers to the first action taken by the traffic unit to avoid escape
from a collision course or other wise to avoid road hazards.
o Initial Contact- the first accident touching between traffic units involving in the collision.
o Maximum Engagement- refers to the greatest collapse or overlap in a collision.
o Disengagement- it is the separation of the traffic units.
o Stopping- it is the coming to halt or rest.
o Injury- sustained bodily harm.

 Classification of Motor Vehicle Accident to Key Event:

o Running of road
o Non-collision on road
o Overturning other non-collision.
o Collision on road with motor vehicle versus: pedestrian, motor vehicle in traffic, parked
motor vehicle, railroad train, bicycle, fixed objects

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 Traffic Accident Analysis-is a detailed study made to determine the factors contributing to
the occurrence of accidents. Identification of the contributory factors is a must in
implementing measures to prevent future and similar occurrences or lessen the impact of
effect of the accident.

 Direct causes of Vehicular Traffic Accidents:

o Speed
o driver’s attitude and behavior
o vehicular malfunctions
o road conditions
o perception factors

 Factors involving of Vehicular Traffic Accidents:

o Simultaneous factors including road condition, weather condition, driver’s physical
condition,

o Sequential factors such as speed is fast or less than safe, vehicular defects

o Operational factors which includes the driver’s inability to react promptly to a situation
and the driver’s faulty decision and action to avoid the collision course.

 Calculating Speed from Skid marks: The sudden of breaks which results in the locked
wheel condition places such a tremendous pressure between the brake drum that the
frictional force between the tire and the road surface, when this condition exists, skid marks
are left at the scene.

 Skid marks are useful in several ways:

o Determination of the vehicle speed.
o It will show whether the vehicle is traveling in the wrong direction or traveling the wrong
side of the road.
o It will indicate if the driver failed to observe the right of way.
o It will show if the driver did not obey a traffic signal.

 Prosecution of cases: The traffic investigator has the inherent responsibility in filing the
cases to proper judicial authorities. In cases of fatal and non-Fatal accidents, including hit
and run cases filling is within the discretion of the injured party within a prescribed period of
one year from date of the accident. The offender upon arrest must be brought to the proper
judicial authority within the prescribed period provided by the law. Such procedure as held on
abeyance is permitted under Philippine legal jurisprudence to allow the parties to come and
agree on an amicable settlement.

 In cases other than fatal and non-fatal traffic accidents, the traffic investigator has the
sole responsibility in filling the appropriate action in court.

 Court actions would be summary in nature as provided by the rules on procedure of the
rule of court. In cases where the traffic accident is fatal or non-fatal the vehicle is
automatically impounded. Impounded vehicle may only be released by an order from the
court. Should the case prosper in court, the traffic accident investigator will be summoned to
appear and testify as a witness on matters pertaining to the case. Failure to appear without
valid reason shall merit criminal and administrative sanctions.

 Hit and Run Investigation: The investigation of a motor vehicle accident involving the flight
of one of the participants is two folds: first- responsibility for the collision must be determined
and secondly- the identity of the driver who fled the scene must be established.

 The driver who flees the scene of the accident is not necessarily the driver responsible for
the accident. His reason for flight are often more important than the simple evasion of
responsibility (he may be wanted for another crime, intoxicated or driving without a valid
license.)

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 The hit and run driver often will report the damage to his own vehicle as having been the
result of another hit and run accident in which some other mysterious driver fled without
identifying himself. Similarly it is not usual for the hit and run driver to abandon his vehicle
and then report it to be stolen as a means of covering up his involvement in the accident.

 The basic objective of such investigation is the identification of the driver who fled the
scene. The discovery and arrest of the driver, once identified, generally comes after the
location and identification of the vehicle. The mere recovery of the vehicle does not always
immediately establish the identity of the driver.

 “Motor Vehicle” shall mean any vehicle propelled by any power other than muscular
power using the public highways, but excepting road rollers, trolley cars, street sweepers,
sprinklers, lawn mowers, bulldozer, graders, fork-lifts, amphibian trucks, vehicles which run
only on rails of tracks, and 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.

 “Passenger automobiles” shall mean all pneumatic-tire vehicles of types similar to those
usually known under the following terms, touring car, command car, speedster, sports car,
roadster, jeep, cycle car (except motor wheel classified with motorcycles), coupe, landaulet,
closed car, limousine, cabriolet, and sedan.

 Motor vehicles with changed or rebuilt bodies, such as jeepneys, or station wagons, using
a chassis of the usual pneumatic-tire passenger automobile type, shall also be classified as
passenger automobile, if their net allowable carrying capacity, as determined by the
Commissioner of Land Transportation, does not exceed nine passengers and if they are not
used primarily for carrying freight or merchandise.

 The distinction between “passenger truck” and “passenger automobile” shall be that of a
common usage. Provided, that a motor vehicle registered for more than nine passengers shall
be classified as a “truck”: and provided further, that a truck with seating compartment at the
back not used for hire shall be registered under special “S” classification.

 “Articulated vehicle: shall mean any motor vehicle with a trailer having no front axle and
so attached that part of the trailer rests upon the motor vehicle and a substantial part of the
weight of the trailer and of its load is borne by the motor vehicle. Such a trailer shall be called
as “semi-trailer”.

 “Driver” shall mean every and any licensed operator of a motor vehicle.

 “Professional driver” shall mean every and any driver hired or paid for driving or operating
a motor vehicle, whether for private use or for hire to the public. Any person driving his own
motor vehicle for hire is a professional driver.

 “Owner” shall mean the actual legal owner of a motor vehicle, in whose name such vehicle
is duly registered with the Land Transportation Association. The “owner” of a government-
owned motor vehicle is the head of the office of the chief bureau to which said the motor
vehicle belongs.

 “Dealer” shall mean every person, association, partnership, or corporation, making,

manufacturing, constructing, assembling, remodeling, or setting up motor vehicles: and every
each such entity acting as agent for the sale of one or more makes, styles, or kinds of motor
vehicles, dealing in motor vehicles, keeping the same in stock or selling same or handling with
a view of trading same.

 “Garage” shall mean any building in which two or more motor vehicles, wither with or
without drivers, are kept ready for hire public, but shall not include street stands, public
service stations, or other public places designated by proper authority as parking spaces for
motor vehicles for hire while awaiting or soliciting business/

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 “Gross weight” shall mean the measured weight of a motor vehicle plus the maximum
allowable carrying capacity in merchandise, freight, and/or passengers, as determined by the
Commissioner of Land Transportation.

 “Highways” shall mean every public thoroughfare, public boulevard, driveway, avenue,
park, alley, and collision, grounds owned by private persons, colleges, universities, or other
similar institutions.

 “Parking or parked” shall mean that a motor vehicle is “parked” or “parking” if it has been
brought to stop on the shoulder or proper edge of a highway, and remains inactive in that
place or close thereto for an appreciable period of time. A motor vehicle which properly stops
merely to discharge a passenger, or to load or unload a small quantity of freight with
reasonable dispatch should not be considered “parked”, if the motor vehicle again moves away
without delay.

 Registration of motor Vehicles: Compulsory Registration of motor vehicle- all motor

vehicles and trailers of any typed used or operated on or upon any highway of the Philippines
must be registered with the Land Transportation Office for the current year.
 The scheme shall provide for a system that will contribute the registration of motor
vehicles equitably over different months in a calendar year.

 Registration Classification- The classification of vehicles shall be:

o Private - Green Sticker
o For Hire - Yellow Sticker
o Government - Red Sticker
o Diplomatic - Blue Sticker

 Private- Motor Vehicles registered under this classification shall not be used for hire under
any circumstances.

 For Hire- Motor vehicles registered under this classification are those covered by
certificates of public convenience, or special permits issued by the

 Government- Motor vehicles owned by the government of the Philippines or any of its
political subdivisions shall be registered under this classification.

 Diplomatic- Motor vehicles owned by foreign governments or by their duly accredited

diplomatic officers in the Philippines and used in the discharge of their official duties. Tourists
bringing their own motor vehicles to the Philippines may, however, without registering such
motor vehicles use the same during but not after 90 days of their sojourn.

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

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DRUG EDUCATION AND VICE CONTROL

THE HISTORY OF DRUGS FROM PAST TO PRESENT - Substance abuse to alter reality and
give stimulation, relaxation or relief has prevailed for thousand of years. Also known as drug
abuse, it refers to the use of chemical substances which result in an individual’s mental,
physical, emotional, moral and socvial impairment. Evidence in early Mesopotamian writings
indicate that opium, which was then referred to as the “plant of joy” was used 4,000 years ago.

Drug laws have been a regular feature of human culture throughout history. The earliest
recorded law in the old world is the prohibition of the use of alcohol under Islamic law (Sharia),
which is usually attributed to passages in the Qoran purportedly dating from the 7th century.
Religious intolerance was also the driving force for drug prohibition in Christian Europe. At the
time of the Crusades, the Arabs were using marijuana. In a move construed to support the efforts
of the Spanish Inquisition against the Arabs, in a 1484 fiat Pope Innocent VIII banned the use of
cannabis.

In late Qing Imperial China, opium imported by the British East India Company was
vastly consumed by all social classes in Southern China. Between 1821 and 1837 imports of the
drug increased five-fold. The Chinese attempted to end this trade due to public health reasons.
Their effort was initially successful with the destruction of all British opium stock in May 1839.
To protect this trade, the British declared The First Opium against China, the latter was defeated
and the war ended with the signing of the Treaty of Nanking, which resulted to the immunity of
foreign opium smugglers from Chinese law. Major milestones in the campain against drugs
include the successful introduction of the Single Convention on Narcotic Drugs in 1961, the
Convention on Psychotropic Substances in 1971.

Drug abuse is a "public health challenge," and he has publicly eschewed the notion of a
"war on drugs." The passage of a more stringent law increasing the penalty for drug related cases
by way of the Comprehensive Dangerous Drugs Act of 2002 which provided additional resources
for substance abuse treatment and mandatory and random drug testing as an effective
prevention strategy. It also created the Philippine Drug Enforcement Agency under the office of
the President as the primary law enforcement agency tasked to handle drug related cases in the
Philippines

THE NATURE OF DRUGS, ITS USES, APLLICATION AND EFFECTS

OPIUM: Obtained from a female poppy plant known as “ Papaver Somniferum” which was known
to be cultivated in lower Mesopotamia as long ago as 3400 BC. In De Medicina (30 AD), Aulus
Cornelius Celsus specified various uses for "poppy tears", as an emollient for painful joints and
anal crevices, in anodynes pills promoting relief of pain through sleep, in antidotes for poisoning ,
including the Mithridatium for use in colic and to promote micturation. The juice of boiled poppy

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heads may be intended for procuring sleep, treating earaches, intestinal gripings, inflammation of
the womb, and reduce the flow of phlegm into the eyes. However, Celsus did not considert the
poppy as improbably powerful, but described it as one of many emollient herbs and minerals,
used as an ingredient in some formulations for pain.

Legal opium production is allowed under the United Nations Single Convention on
Narcotic Drugs and other international drug treaties, subject to strern supervision by the law
enforcement agencies of individual countries. The Gregory process is a legal method, whereby the
entire poppy, excluding roots and leaves, is mashed and stewed in dilute acid solutions.

Opium Preparation: The smoking of opium does not involve the burning of the material as might
be imagined. The prepared opium is indirectly heated to temperatures at which the active
alkaloids, mainly morphine, are vaporized. In the past, users would lie down with specially
designed pipes which had long stems and a metallic vessel. A minute amount of opium up to the
size of a pea would be placed in the holder and the material heated indirectly by means of a lamp
or candle and inhale the vaporized morphine as needed. The pipe was commonly designed in a
rounded cross section, so as to allow the metallic vessel to be rotated into the heat source and
then rest back upright as required. The pea sized amount of opium is enough for up to an hour of
intermittent use.

The conversion of morphine to heroin cuts down on the mass and therefor volume
significantly while at the same time increasing the potency. This makes smuggling much easier
without the loss of profit from the multiple trips required to transport the original morphine with
comparative ease. Most current drug use occurs with processed derivatives rather than with pure
and untouched opium.

Chemical Properties and Physiological Effects:

Opium includes two groups of alkaloids: phenanthrenes (including morphine and codeine)
and benzylisoquinolines (including papaverine). Morphine is by far the most common and
important alkaloid in opium, consisting of 10 -16% of the total. It combines to and activates μ-
opioid receptors in the brain, spinal cord, stomach and intestine. Frequent use leads to physical
tolerance and possibly dependence.

Medical Uses: Opium has been a major commodity of trade for centuries, due to the fact that it
has long been used as a painkiller and sedative. A number of patent medicines of the 19th
century were based around laudanum, known as "tincture of opium", a solution of opium in ethyl
alcohol. As a result of this substance being branded a miracle cure for many common illnesses
ranging from colds to alcoholism, the substance developed a very large number of users at the
time. Opium addiction was considered more similar to a gambling or alcohol addiction. Also,
since a man could remain an opium addict on 5 cents a day, it did not cause undue financial
strain, and therefore no damage to the person was caused that one living under an 'addict'
lifestyle in the modern sense would risk suffering.

MARIJUANA - A mind altering substance produced from cannavis sativa, marijuana is

used because its primary active chemical (THC) tetrahydrocannabinol induces relaxation and
heightens the senses. Cannabis has a primeval history of ritual use and is found in
pharmacological cults around the world. The primary biologically active chemical compound in
cannabis is tetrahydrocannabinol, commonly referred to as THC. It has psychoactive and
physiological effects when consumed, usually by smoking, injestion or sniffing. The minimum
amount of THC sufficient to have a perceptible psychoactive effect is about 5 mg.

Cannabis is also known as ganja in its herbal form and hashish in its resinous form. The
herbal form of the drug is made up of dried mature inflorescences and subtending leaves of
pistillate ("female") plants.

Cannabis is an ideal therapeutic drug for cancer and AIDS patients, who frequently suffer
from clinical depression, and from nausea resulting to weight loss due to chemotherapy and
other aggressive treatments. It is alleged that cannabis makes these other treatments tolerable.

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The nausea suppression and mild analgesic effects of cannabis gives a degree of relief for persons
suffering from motion sickness, and it can also be used by hyperhidrosis sufferers for temporary
relief of excessive sweating.

Toxicity - According to the Merck Index, the LD50 (dosage lethal to 50% of rats tested) of Δ 9-THC
by inhalation is 42 mg/kg of body weight. That is comparable to that of a 165 lb (75 kg) man
inhaling the THC in 21, one-gram cigarettes of extremely high-potency (15% THC) marijuana all
in one sitting, assuming no THC is lost through smoke loss or absorption by the lungs. For oral
consumption, the LD50 for male rats is 1270 mg/kg, and 730 mg/kg for females - comparable to
the THC in about a pound of 15% THC marijuana. The ratio of cannabis material required to
saturate cannabinoid receptors to the amount required for a fatal overdose is 1:40,000.

Long term effects due to chronic use are as follows: chest pain, irregular menstrual cycle
for female users, temporary loss of fetility for both male and female, low birth rates and
premature babies, some studies reveal that it may also cause cancer.

COCAINE - It is a stimulant of the central nervous system and an appetite suppressant, giving
rise to what has been described as a euphoric sense of happiness and increased energy. It is a
quick acting drug whose affects are rapid from the time of intake. Cocaine is legally used in
medicine as a topical anesthetic, specifically in eye, nose and throat surgery. Cocaine is a
crystalline tropane alkaloid that is derived from the leaves of the coca plant known as
“Erythroxylon Coca”. Cocaine use is two thoisand years old, the coca plant is found throughout
South America. The incas of Peru were one of the first known users of the coca leaf. Regarded as
the “Divine Plant” Incan nobilities and priests chewed the leaves of the coca plant to achieve a
trance induced state of consciousness during religious ceremonies.

The stimulating qualities of the coca leaf were known to the ancient peoples of Peru and
many pre-Colombian Andean societies. In modern Western countries, cocaine has been an aspect
of the counterculture for over a century. The Spanish re-discovered and introduced the plant to
Europeans in the 1500’s. It was first isolated by the German chemist Friedrich Gaedcke in 1855.
In 1859 Albert Niemann, developed an improved purification process, he named the alkaloid
“cocaine”. Between 1863 and 1865 an extremely popular addictive wine with coca was
commercially introduced in the market under the label “VIN MARIANI.”
The first medical use of cocaine was discovered by Alexander Bennet in 1873 as an
anesthetic. In 1879 cocaine was used to treat morphine addiction. In 1884, cocaine was
introduced into clinical use as a local anaesthetic in Germany. A year after the U.S. manufacturer
Parke-Davis sold cocaine in various forms, including powder, cigarettes and even a cocaine
mixture that could be injected directly into the user’s veins with the included needle. The
company assured users that its cocaine products would “supply the place of food, make the
coward brave, the silent eloquent and render the sufferer insensitive to pain.” In 1886 Coca-Cola
was introduced into the market and its original formula includes cocaine it was not until 1903
that cocaine was eliminated as a direct ingredient of Coca-Cola. In 1914 the Harrison Narcotics
Tax Act outlawed the use of cocaine in the United States.

In its unadulterated form cocaine is a white, pearly product. Cocaine appearing in powder
form is a salt, typically cocaine hydrochloride. Street market cocaine which is off white or pinkish
powder is usually adulterated or “cut” with various powdery fillers to increase its weight; the
substances most extensively used in this process are baking soda; sugars, such as, dextrose,
inositol, lactose and mannitol; and local anesthetics, such as benzocaine or lidocaine, which
adds to cocaine's numbing effect on mucous membranes.

Administration of Cocaine:

1. Orally administered cocaine takes around 30 minutes to enter the bloodstream. Typically, only
a third of an oral dose is absorbed, although absorption has been shown to reach 60 percent in
controlled settings. Given the slow rate of absorption, maximum physiological and psychotropic
effects are attained approximately one hour after cocaine is administered by ingestion. While the
onset of these effects is slow, the effects are sustained for approximately 60 minutes after their
peak is attained.Contrary to common belief, both ingestion and insufflation result in
approximately the same proportion of the drug being absorbed.

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2. Insufflation commonly known as “snorting," “sniffing," or "blowing" is the most frequent
method of ingestion of recreational powder cocaine in the Western world. Cocaine is not actually
inhaled using this method, the drug coats and is absorbed through the mucous membranes
lining the sinuses. When sniffing cocaine, absorption through the nasal membranes is
approximately 30-60 percent, with higher doses leading to increased absorption efficiency.

3. Drug injection provides the highest blood levels of drug in the shortest amount of time. Upon
injection, cocaine reaches the brain in a matter of seconds, and the exhilarating rush that follows
can be so intense that it induces some users to vomit uncontrollably. In a study of cocaine users,
the average time taken to reach peak subjective effects was 3.1 minutes.

4. Smoking freebase or crack cocaine is most often accomplished using a pipe made from a small
glass tube about 6 mm in diameter and on the average, four inches long. These are sometimes
called "stems", "horns", "blasters" and "straight shooters," readily available in convenience stores
or smoke shops.

Acute effects: A potent central nervous system stimulant, its effects can last from 20 minutes to
several hours, depending upon the dosage of cocaine taken, purity, and method of
administration. The preliminary signs of stimulation are hyperactivity, restlessness, increased
blood pressure, increased heart rate and euphoria. The euphoria is occasionally followed by
feelings of discomfort and depression and a craving to experience the drug again. It is known to
improve sexual interest and pleasure. Side effects include twitching, paranoia, and impotence,
which usually increases with frequent usage.

Chronic effects: Prolonged cocaine intake causes brain cells to adapt functionally to strong
imbalances of transmitter levels in order to compensate extremes, promoting depressed mood
states. Depression with suicidal tendencies may develop in heavy users. Finally, a loss of
vesicular monoamine transporters, neurofilament proteins, and other morphological changes
appear to indicate a long term damage of dopamine neurons.

Cocaine as a local anesthetic - Cocaine is useful as a topical anesthetic in eye and nasal surgery,
it is now predominantly used for nasal and lacrimal duct surgery. If vasoconstriction is desired
for a procedure as it reduces bleeding, the anesthetic is combined with a vasoconstrictor such as
phenylephrine or epinephrine.

MORPHINE - Morphine is a strong opiate analgesic drug and is the principal active agent in
opium it acts directly on the central nervous system relieving pain. It is claimed to be six times
more potent than opium. Highly addictive when compared to other substances, and tolerance and
physical and psychological dependences develop very rapidly. It is administered to the body by
means of injection. First isolated in 1804 by the German pharmacist Friedrich Wilhelm Adam
Sertürner, who named it "morphium" after Morpheus, the Greek god of dreams. In Greek
mythology Morpheus was the son of Hypnos, the God of Sleep.

Medical Uses -Morphine is used legally as an analgesic in hospital settings for pain after surgery
and pain associated with trauma. It is known to be good for the relief of severe chronic pain, e.g.
Cancer pain Pain from kidney stones , Back pain. For palliative treatment it alleviatse pain
without curing the underlying reason for it. It may also be used as an antitussive for severe
cough, an antidiarrheal in chronic conditions such as diarrhea associated with AIDS.

HEROIN - Also known as Diacetylmorphine, is a semi-synthetic opioid. It is the 3,6-diacetyl

derivative of morphine (hence diacetylmorphine) and is synthesised from it by acetylation. The
white crystalline form is commonly the hydrochloride salt diacetylmorphine hydrochloride. It
mimics endorphins and creates a sense of well-being upon entering the bloodstream usually thru
intravenous injection. It is thus used both as a pain-killer and a recreational drug. Heroin is five
times stronger than morphine, an is known as the most potent opium derivative.

Effects : The start of heroin's effects is dependent on the method of administration. Taken
orally, heroin is metabolized into morphine before crossing the blood-brain barrier. Smoking
heroin results in an almost immediate, though placid effect which strengthens the longer it is
used. Intravenous injection results in rush and euphoria within 7 to 8 seconds; while

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intramuscular injection takes longer, having an effect within 5 to 8 minutes. Snorting heroin
results in an onset within 10 to 15 minutes. Sizeable doses of heroin can be fatal. The drug can
be used for suicide or, as in the case of Sigmund Freud, physician-assisted suicide.

In an addict with a high tolerance, heroin withdrawal may even lead to death. A number
of addicts also complain of a painful condition, the so-called "itchy blood", which often results in
compulsive scratching that causes bruises and sometimes ruptures the skin, leaving scabs.
Abrupt termination of heroin use causes muscle spasms in the legs of the user. Users taking the
"cold turkey" approach withdrawal without using symptom-reducing or counteractive drugs are
more likely to experience the negative effects of withdrawal in a more pronounced manner. Two
general approaches are available to ease the physical part of opioid withdrawal. The first is to
substitute a longer-acting opioid such as methadone or buprenorphine for heroin or another
short-acting opioid and then slowly taper the dose.

CODEINE - Methylmorphine is an opiate used for its analgesic, antitussive and antidiarrheal
properties. It is marketed as the salts codeine sulfate and codeine phosphate. Codeine
hydrochloride is more commonly marketed in continental Europe and other regions. Codeine is
an alkaloid found in opium in concentrations ranging from 0.3 to 3.0 percent. While codeine can
be extracted from opium, most codeine is synthesized from morphine through the process of O-
methylation.

Regular adverse drug reactions associated with the use of codeine include itching, nausea,
vomiting, drowsiness, dry mouth, miosis, orthostatic hypotension, urinary retention and
constipation. A potentially serious adverse drug reaction, as with other opioids, is respiratory
depression. This depression is dose-related and is the mechanism for the potentially fatal
consequences of overdose. Another side effect noticed is the lack of sexual drive. Codeine has also
been known to interact negatively with some psychiatric medications such as reboxetine and
venlafaxine. Some people may also have an allergic reaction to codeine, which may cause evere
illness or even death.

SHABU - Methamphetamine was discovered in Japan in 1919. This crystalline powder is solube
in water making it an ideal drug for injection. During World War II, the drug was used as
stimulants for combat soldiers. After the war, it was regarded as a cure-all for treatment in mild
depression and a good weight control substance. In the mid-80’s it was introduced in the
Philippines and has gained popularity not only in urban subcultures but as well as propagating
the rural communities with devastating impact. The chemical methamphetamine hydrochloride is
regarded as the poor man’s cocaine, a powerful stimulant, methamphetamine even taken in small
dosage increases physical activity and wakefulness and adversely decreases appetite. Users claim
that it gives them ampified euphoria, increased alertness lasting for more than 24 hours. A fix
can be adinistered once every three hours. Reported adverse affects include severe weight loss,
fatal lung and kidney disorders, aggressive behavior and long lasting psychological problems
manifested by paranoia and hallucinations. Initially, it increases the heart rate and blood
pressure of the user but chronic use may lead to heart attacks, strokes, convulsions and coma.
Shabu users experiene pleasure regulation since the drug is known to stimulate the release of
excess dopamine.

Methamphetamine users have episodes of violent behavior, anxiety, confusion and

insomnia. Heavy users show progressive social and occupational deterioration. Its short term
effects include: excessive talking, increased sexuality, increased activity, increased attention,
increased respiration, hyperthermia, decreased appetite, decreased fatigue euphoria and rush.
Chronic use has the following effects, dependence, paranoia, addiction psychosis, hallucinations,
mood disturbances, weight loss, repetitive motor activity, stroke violent behavior, homicidal and
suicidal thoughts.

ECSTACY - In 1912, MDMA or Methylene-dioxymetamphetamine was developed in Germany as

an appetite depressant by the pharmaceuthical company Merck. During the late 1970’s
psychiatrists and psychologists used the drug as treatment for emotional and psychological
disorders. Its street used was popularized by the mid 1980’s. Among the youth users it is referred
to as the “sex drug.” Ecstacy in its purest form is a crystalline white powder with mustic odor. It
is commonly found in the illegal drug trad in tablet form, capsule or powder. It is generally

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ingested orally. This is a psychoactive drug that possess the stimulant properties of
methamphetamine and hallucinogenic qualities similar to mescaline.

Those who use the drug may experiece depression, loss of appetite, dilated pupils, loss of
concentration, tension and trembling of eyes, headaches, leg and back pains, lackof initiative and
motivation, exhaustion, grinding of the teeth, anxiety of confusion, reckless behavior and
hallucinations. For chronic user of ecstacy, it may lead to brain damage and death by cardiac
arrest.

Causes of drugs and its prohibition

The psychodynamic view of drug abuse claim that substances help the users to express
and control unconscious impulses and needs. Such as in drinking alcohol which manifests oral
fixation associated with non functional behavior such as depression. A person may opt drug
abuse to remain dependent, reduce emotional confusion, or cope with disturbing impulses. There
have been numerous psychological theories which attempt to explain why people use illicit drugs.
The use of drugs relies upon the type of the individual’s personality which is classified as follows:

 Low self image and low self-esteem contribute to the non-medical use of drugs to enable
the user to cope with life’s stresses.

 Need for belongingness or acceptance for some users particularly the youth and young
adults, who tend to think that taking in drugs, will help them gain acceptance to a group
and to compensate the feeling of isolation.

 Feeling of more freedom and autonomy. Study reveals that many drugs users resort to
abuse due to the simple reason that they feel suppressed. The more inhibition and
prohibition, the more they will resist it and take in drugs to experience lack of restrictions,
more independence and self-determination.

 Escape. Many who fell victim with drug dependence started taking drugs to divert their
attention from reality to forget the melancholy, problems and challenges inherent to living.
To them out of sight, is out of mind making them feel that their problems have been
solved by distraction.

 Mental problem. Taking in drugs is an expression of personality deficiency or a symptom

of some basic psychotic disturbance.

 Curiosity. The desire for drug experimentation is incumbent upon many individuals to
experience the effects of substances. Once satisfied with the pleasurable upshot, they tend
to get hook on the habit.

 Need or clamor for attention. Recognition from parents, relatives, friends and society in
general is an inherent need of men being rational social animals. A number of drug
dependence has begun due to this simple desire for an individual to obtain notice when
the drug problem becomes apparent.

The sub-cultural view argues that drug abuse as having ecological basis engaged on
lower class of addiction. Due to the social conditions of many drug addicts, the start of drug
abuse may be related to racial intolerance, low self-esteem, diminished identity, poor socio-
economic class, defiance and a high level of mistrust. Drug users resort to such illicit ways to
receive social support for their habit. Significant study reveals that peer influence is a vital
predicator of drug careers that persist and grows stronger as one reaches maturity. Rational
choice contends that not all persons who take drugs because of personal pathology. They contend
that people, who use drugs because they want to enjoy, get high, improve creativity, escape
reality, increase sexual drive and relax. Hence, substance abuse may be a function of mistaken
belief that drugs can benefit the user. Social psychologists advocate that substance abuse may be
due to exposure and observance of drug use. Curiosity and experimentation is more likely to
occur to persons who has seen drug administration by others, a habit may develop if the user
undergoes lower anxiety, fear and tension levels.

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 Drug use does not occur in isolation with other environmental factors by rather greatly
affected by all of these variables. The following are sociological factors which tend to influence
drug use:
 Social pressures wielded by peers.
 Lower value on academic achievement.
 Alienation and feeling of helplessness and being powerless.
 Disintegration of religious values.
 Impact of affluent lifestyles.
 Availability of over-the counter and prescription drugs.
 Poverty and high unemployment.
 Influence of mass media, which creates societal acceptance towards drugs.
 Effect of exposure to different culture and societal values.
 Availability of over the counter prescription drugs which encourages poly drug abuse.
 Modeling or mimicking role models such as parents, icons and personalities who are
known drug users.

Other sociological factors point to parental and family influences which are strongly
associated with the initiation of adolescents. In addition the use of drugs is linked with persons
who come from families with heavy emotional problems regardless of economic status, among
others are:
 Childhood stress trauma
 Lack of parental concern
 Over dominating parents
 Parental permissiveness
 Rejection by parents
 Absence of parents
 Family disorganization and instability
 Infliction of harsh physical punishments

Genetic factors attempts to explain substance abuse as a factor which lead to such a
lifestyle. Studies reveal that children whose parents are alcoholic and drug dependents have a
greater probability of developing the problem as opposed to siblings and children of non-abusers.
Pre-existing induced biological abnormalities of chemical, structural nature induces a person to
use drugs. To wit;

 Individual’s general health. Fatigue, chronic cough, insomnia, physical distress, and other
diseases and illness are reasons compelling enough to urge the sufferer to resort to drug
use to ease the physical discomfort, but in the process the problem becomes complicated
for in the process of obtaining palliative cure or having therapeutic effect, these persons
get hooked on the drugs which they believe to have remedied their original ailment.

 A study revealed that there is an inherited defect in the production of endorphin similar to
morphine. A deficiency of such substance leads to bodily discomfort; hence the use of
drugs makes the body cells work actively. With discontinuation of drug use, active cells
become tired and weak.

 Another is the misguided belief among many drug users that taking in such substances
increases their sexual drive and increases their sexual prowess as well as prevents and
shields them from being afflicted with other diseases.

"Prohibited drug, which includes opium and its active components and derivatives, such
as heroin and morphine; coca leaf and its derivatives, principally cocaine; alpha and beta
eucaine, hallucinogenic drugs, such as mescaline, lysergic acid diethylamide (LSD) and other
substances producing similar effects; Indian hemp and its derivatives; all preparations made from
any of the foregoing; and other drugs, whether natural or synthetic, with the physiological effects
of a narcotic drug.

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 Regulated drug, which includes self-inducing sedatives, such as secobarbital,
Phenobarbital, pentobarbital, barbital, amobarbital and any other drug which contains a salt or a
derivative of a salt of barbituric acid; any salt, isomer or salt of an isomer, of amphetamine, such
as Benzedrine or Dexedrine, or any drug which produces a physiological action similar to
amphetamine; and hypnotic drugs, such as methaqualone or any other compound producing
similar physiological effects.

Major Classification of Psychoactive Drugs:

Psychoactive drugs are often described as a psychotropic (mind-affecting) or mind-altering

drug, a psychoactive drug is a chemical substance that changes ones thinking feelings,
perceptions, and behavior. It directly alters the normal functioning of the central nervous system.
They are classified into three, namely depressants, stimulants and hallucinogens:

1. Depressants – They are drugs that affect the central nervous system causing it to relax. The
use of depressants causes both physical dependence which is a physiological state of a
adaptation to a drug or alcohol usually characterized by the development of tolerance to drug
effects and the emergence of a withdrawal symptom during prolong abstinence and psychological
dependence which is the emotional state of craving a drug either for its positive effect or to avoid
the negative effects associated with its absence. Chronic users over time results in tolerance to
the drug, urging the user to increase the intake or dose of consumption to gain gratification. The
onset of a predictable constellation of signs and symptoms involving altered activity of the central
nervous system after the abrupt discontinuation of the intake of an addictive substance. The
most common withdrawal symptoms experienced in depressants or “downers” ranges from
insomnia, anxiety, restlessness, and convulsion and may cause death in some extreme cases.
Babies of mothers who are known to abuse depressants during pregnancy are usually born with
defects and develop behavioral problems.

The common types of depressants are:

 Narcotics – Refers to any drug which produces insensibility, stupor, melancholy or
dullness of mind with delusion and which may be habit forming.

 Barbiturates – Drugs that affect the central nervous system causing sedation.
 Tranquilizers – Are drugs which relieve uncomfortable emotional feelings by reducing
anxiety and promoting relaxation.
 Solvents/Inhalants – Volatile liquids that give off a vapor, which is inhaled producing
short-term excitement and euphoric, followed by a period of disorientation. Its effects
include nausea, sneezing, coughing, nosebleeds, fatigue, and lack of coordination and loss
of appetite.
 Alcohol- Fermented or distilled liquids or drug containing ethanol and intoxicating
substances.

2. Stimulants – Chemical substance that generally speed up central nervous system function,
resulting in alertness and excitability. (“Uppers”,”speed”, “pep pills”) are synthetic drugs which
tend to arouse the central nervous system, curbing hunger and making the user awake. Its
immediate effects include elevated blood pressure, increase in heart beat and body temperature
and dilated pupils of the eye. Occasional use causes runny nose, while chronic use generally
ulcerates the mucous membrane of the nose. Physical dependency which is an adaptive state
caused by repeated drug use that reveals itself by development on intense physical symptoms
when the drug is stopped, as well as tolerance or the physiological adaptation to the effect of
drugs so as to diminish the effects with constant dosages or to maintain the intensity and
duration of effects through increased dosage develops rapidly. Stimulants are extremely addictive,
and its effects are felt almost immediately after intake or administration to the body.

The common types of stimulants are:

 Cocaine – A natural stimulant derived from the plant erythroxylon coca
 Methamphetamine/Amphetamine – Man made stimulant drugs.
 Caffeine - A stimulant found in coffee
 Nicotine – An addictive substance usually obtained from cigarette smoking.

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3. Hallucinogen/Psychedelics - Sometimes known as “all arounders” and “mind expanders” these
drugs affect a person’s perception, awareness, and emotions, and can also cause hallucinations
(completely groundless, false perceptions) as well as illusions (misinterpretations of reality or
something imagined). The effect of hallucinogens varies, but a sense of distance and
estrangement is common to users. Time and body movement are slowed down. Muscular
coordination worsens and senses are dulled, speech becomes incoherent and blocked. Chronic
users report persistent memory problems and speech difficulties. Mood disorders, anxiety, violent
behavior as well as depression may occur. Some of these effects may last from 6 months to one
year. In later stages of chronic use paranoia, hallucinations and violent behavior becomes
regular. Large doses may produce convulsion, lung failure, and ruptured blood vessels in the
brain, heart failure and coma. Physical effects include dilated pupils, tremors, sensation and
feeling rapidly changing, loss of appetite and sleepiness. Some users particularly of LSD,
mescaline and psilocybin may experience panic, confusion, suspicion, loss of control and delayed
effects of flashbacks can occur even after use has come to an end.

Common types of hallucinogens:

 Marijuana
 Lysergic Acid Diethylamide
 Ecstasy
 PCP, Psilocybin mushroom and Peyote.

Common drugs available in the market are categorized as:

Amphetamine Group – Drugs belonging to this category are mostly appetite suppressants and
potent stimulants. Users are unable to sleep and may develop high fever which may result to
dehydration. Chronic users may undergo hallucinations, dry mouth, ulcerations of the buccal
mucosa. An overdose will bring about cerebral excitation; its most serious effects would be
convulsions leading to exhaustation, respiratory paralysis and coma. Mostly injected, users are
known to cause hepatitis, aids and other diseases due to unsterile equipment. Freebase or crack
is extremely addictive and effects are felt within 10 seconds upon administration to the body. A
preparation of other amphetamines which involves the use of volatile solvents causes physical
dependency giving the user a feeling that he cannot function normally without taking it.
Tolerance is likewise developed rapidly for drugs belonging to this group.

Inhalants – Nitrous oxide, amyl nitrate, butyl nitrate, hydrocarbon, chloro carbon and other wide
variety of volatile substances including ethylene belongs to this group. Its instantaneous adverse
effects include nausea, sneezing, nose bleeds, coughing, and lack of coordination, fatigue and loss
of appetite. Mostly inhaled by soaking a piece of cloth inside a plastic container sniffing through
the nose or mouth. Solvents and aerosol sprays also diminish heart and respiratory rates and are
known to impair the user’s judgment. Amyl and butyl nitrate cause rapid pulse rate, headache
and involuntary excretion of urine and feces. Long term use may bring about hepatitis or brain
hemorrhage. Death may be abrupt due to vagal inhibition. The heart muscle tends to become
sensitive after sniffing inhalants so that sudden emotion such as anxiety and fear may cause the
release of catecholamine which may lead to ventricular fibrillation and cardiac arrest. Chronic
users may also die from lack of oxygen of sheer hypoxia.

Morphine Group –Although most opoid drugs are legal pharmaceutical substances, if abused this
can lead to dependence. Most of the drugs classified under this produce sleep and stupor such as
heroin, methadone, morphine, codeine, meperedine and opium. It gives a feeling of euphoria or a
false sense of well being followed by drowsiness, nausea and vomiting. There is intense craving
for such drugs and has severe withdrawal syndrome upon stoppage. Mostly administered to the
body intravenously, users may develop thromboses superficial veins and small abscesses at the
site of injection which may be located in all extremities. Heroin in particular causes rapid mental
and physical degeneration. An overdose may result to shallow and slow breathing, convulsion,
coma and death mostly due to cardiac arrhythmia. Tolerance develops rapidly and dependence is

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most likely to transpire. Abuse or addiction of pregnant women often leads to stillborn, premature
and addicted infants who may likely experience withdrawal symptoms.

Cannabis Group – The Delta 9, THC or Tetra hydro cannabinol is the component responsible for
the adverse physical and mental effect as well as alteration in the nervous system of the user.
Several regularly observed physical effects of hemp; hashish marijuana and others belonging to
this category are extensive increase in the heart rate, bloodshot eyes, increased appetite and a
dry mouth and throat. Its use may damage short term memory and comprehension , alter sense
of time and reduce the ability of the user to perform tasks which requires concentration and
coordination such as driving a motor vehicle. The smell of burning cannabis is peculiar. Although
long term use is not related with physical deterioration, withdrawal symptoms or social relapse.
Its signs and symptoms are similar with alcoholic intoxication. Research revealed that students
who are known users of this drug do not retain knowledge when they are “high” Motivation and
cognition is usually altered, making the acquisition of new information difficult. Because users
often inhale the unfiltered smoke deeply and hold it in their lungs as long as possible, cannabis is
harmful to the user’s pulmonary system. Chronic use may cause a psychotic state with damage
to the brain and possible genetic defects in the offspring of pregnant woman addicted cannabis.

Barbiturate Group - Commonly referred to as depressants, it may be taken orally or

intravenously, its users are known to suffer from severe withdrawal symptoms. Barbiturates,
tranquilizers and methaqualone are known downers. Its users develop tolerance to this drug
category. When taken with alcohol or other stimulants it becomes highly addictive and may cause
sudden or unexpected death. Physical examination of the chronic user usually reveal barbiturate
blisters on the skin on the thorax, thighs, back and arms, but skin lesions are not unusual to the
users of this drug category alone.

Sedative or Hypnotic Drugs also belong to this category have either a mild calming effect
or sedative or sleep producing effect or hypnotic in the central nervous system. Usually the effects
depend on the amount or size of the dose administered. Legal tranquilizers, muscle relaxants
such as chloriazepoxide hydrochloride (Librium) and Diazepam (Valium) usually depress body
functions which may be dangerous when taken without a physician’s prescription and may cause
death due to overdose. Its known immediate effects are slurred speech and poor judgment.

Hallucinogenic Group – The 7th group of the periodic system of table of elements in chemistry are
non-metallic elements such as fluorine, bromine, iodine and chlorine when processed and turned
into drugs such as phencyclidine (PCP), lysergic acid diethylamide LSD, mescaline, psilocybin it
interrupts the function of the neo-cortex, which is the section of the brain that controls the
intellect and keep instinct in check. It may be found in very small solutions which may be easily
transported and undetected. It is known to cause the user “bad trip” hence it is considered as one
of the most dangerous drug category. It triggers alteration of perception which often leads to fatal
accidents. Users may feel invulnerable tempting them to jump or ram through walls. Physical
effects vary from dilation of pupils, increased in body temperature, heart rate and blood pressure.
Toxic manifestations include chest pain and arrhythmia. Users may exhibit violent aggressive
behavior and abnormal thought processes. More often, chronic users loses touch with reality and
have paranoid delusion due to damaged brain neurons of psychosis. Convulsion, dehydration,
coma and death are likely to occur to long term users of hallucinogens.

Cocaine – A strong stimulant, cocaine users experience intense craving for the drug. It has little
physical or withdrawal symptoms. Excitement and “Magnan’s Syndrome” is felt which is a
sensation of sands under the skin of insects crawling beneath the skin. Long term use leads to
dermatitis, hypertension, skin ulcers, cerebral bleeding, arrhythmia and severe mental
dysfunction. Death may be sudden due to respiratory depression and cardiac arrest.

Designer Drugs – The most common types of this drug are analog of fentanyl, of meperidine, of
amphetamine and of PCP. Illegal drugs are defined in terms of their chemical formulas, to
circumvent the laws and restrictions designer drugs are those which have been modified of their
molecular by chemists of certain prohibited and regulated drugs. Drugs belonging to this type are
known to be more potent than the drugs which they are designed to imitate. Narcotic analogs can

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cause systems such as those manifested in Parkinson’s disease, uncontrollable tremors, impaired
speech, drooling, paralysis and irreversible brain damage. Analogs of amphetamine and
methamphetamine cause nausea, chills, blurred vision, sweating and faintness. Psychological
effects include depression, anxiety and paranoia. As lilted as one dose may cause brain damage.
The analogs of phencyclidine cause illusions, impaired perception and hallucinations.

THE LAW ENFORCEMENT ACTIVITIES

For a period of thirty years, Republic Act 6425, otherwise known as the Dangerous Drugs
Act of 1972, had been the backbone of the Philippine drug law enforcement system.
Notwithstanding the efforts of various law enforcement agencies mandated to implement the law,
the drug problem alarmingly worsened. The high profitability of the illicit drug trade, compounded
by the then existing laws that imposed moderately light penalties to violators, significantly
contributed to the seriousness of the problem.

Acknowledging the need to further strengthen existing laws governing Philippine drug law
enforcement system, President Gloria Macapagal-Arroyo signed Republic Act 9165, or the
Comprehensive Dangerous Drugs Act of 2002, on June 7, 2002. It took effect on July 4, 2002.
R.A. 9165 defines more tangible courses of action for the national anti-drug campaign and inflicts
heavier penalties to offenders. The enactment of RA 9165 restructured the Philippine drug law
enforcement system.

The initial step to control the drug problem is to stop the illegal and illicit drug flow; this is
best accomplished by identifying the source, disrupting the commodity flow and bringing the
offenders to justice. The following are guidelines provided for by the Comprehensive Dangerous
Drugs Act connected with gathering, evaluating, collection and preservation of evidences to
ensure that there would be proper prosecution of the case and obtaining a guilty verdict to bring
these offenders behind bars.

Handling of evidence: Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful
Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs
and/or Precursors and Essential Chemicals. – Every penalty imposed for the unlawful
importation, sale, trading, administration, dispensation, delivery, distribution, transportation or
manufacture of any dangerous drug and/or controlled precursor and essential chemical, the
cultivation or culture of plants which are sources of dangerous drugs, and the possession of any
equipment, instrument, apparatus and other paraphernalia for dangerous drugs including other
laboratory equipment, shall carry with it the confiscation and forfeiture, in favor of the
government, of all the proceeds and properties derived from the unlawful act, including, but not
limited to, money and other assets obtained thereby, and the instruments or tools with which the
particular unlawful act was committed, unless they are the property of a third person not liable
for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed
without delay.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the
Court shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds
of the offense and all the assets and properties of the accused either owned or held by him or in
the name of some other persons if the same shall be found to be manifestly out of proportion to
his/her lawful income: Provided, however, That if the forfeited property is a vehicle, the same
shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture. During
the pendency of the case in the Regional Trial Court, no property, or income derived therefrom,
which may be confiscated and forfeited, shall be disposed, alienated or transferred and the same
shall be in custodia legis and no bond shall be admitted for the release of the same.

Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and
have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:

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(1) The apprehending team having initial custody and control of the drugs shall, immediately after
seizure and confiscation, physically inventory and photograph the same in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the Department of Justice, and
any elected public official who shall be required to sign the copies of the inventory and be given a
copy thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done under oath
by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the
receipt of the subject item/s: Provided, That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs still to be examined by the
forensic laboratory: Provided, however, That a final certification shall be issued on the completed
forensic laboratory examination on the same within the next twenty-four (24) hours;

(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an
ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources
of dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the
presence of the accused or the person/s from whom such items were confiscated and/or seized,
or his/her representative or counsel, a representative from the media and the DOJ, civil society
groups and any elected public official. The Board shall draw up the guidelines on the manner of
proper disposition and destruction of such item/s which shall be borne by the offender: Provided,
That those item/s of lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a representative sample, duly weighed
and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the
subject item/s which, together with the representative sample/s in the custody of the PDEA, shall
be submitted to the court having jurisdiction over the case. In all instances, the representative
sample/s shall be kept to a minimum quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute an admission of
guilt. In case the said offender or accused refuses or fails to appoint a representative after due
notice in writing to the accused or his/her counsel within seventy-two (72) hours before the
actual burning or destruction of the evidence in question, the Secretary of Justice shall appoint a
member of the public attorney's office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the representative sample/s
was presented as evidence in court, the trial prosecutor shall inform the Board of the final
termination of the case and, in turn, shall request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition and destruction within twenty-four
(24) hours from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement agencies
shall, with leave of court, be burned or destroyed, in the presence of representatives of the Court,
DOJ, Department of Health (DOH) and the accused/and or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under this Section shall be implemented by the
DOH.

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Grant of Compensation, Reward and Award. – The Board shall recommend to the concerned
government agency the grant of compensation, reward and award to any person providing
information and to law enforcers participating in the operation, which results in the successful
confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals.

Plea-Bargaining Provision. – Any person charged under any provision of RA 9165 regardless of the
imposable penalty shall not be allowed to avail of the provision on plea-bargaining.

MODUS OPERANDI OF PUSHERS

Several factors may lead to drug dependence. The only tolerable cause is due to a medical
need, which is not even considered as an abuse for it is done under the austere guidance of a
medical specialist. However, the more unsettling cause for alarm are those cases which have been
brought about due to domestic instability such as financial problems, misguided values and
ethics, and the like and on a broader extent by economic depression, the community and
environment where one dwells and the deliberate widespread of supply induced by drug
syndicates through their supply network, unscrupulous law enforcers and ineffective government
policies on drug prohibition.
 drug abusers are found in and out of school;
 drug abusers are initiated relatively early while in school;
 Drug abuse is related to the problem as personal maladjustment and the inability
to relate satisfactorily with people.

Since its origin in the 1950s, the "gateway drug" theory has been one of the central pillars
of drug policy. Those who subscribe to this theory, which has since spread throughout the world,
argue that unauthorized substance use may lead one down the path of drug addiction, and
should therefore be treated as a serious matter. The gateway model stresses that regardless of its
cause, majority of people fall into drug abuse slowly, staring with alcohol consumption, then to
marijuana, inhalant use and on to more potent drugs as the need for more powerful high
intensifies. The reasoning goes that solvent, hemp users are more likely than non-users to place
themselves in situations where other illicit substances are being used. In order to obtain drugs
they are likely to become acquainted with people who use or sell other more stigmatized drugs
such as methamphetamine, cocaine or heroin, which may lead to serious addictions. Using this
philosophy, activities such as smoking tobacco and drinking alcohol may also be considered as
having a gateway effect on youth.

Types of Drug Users.

The public in general frequently classify and identify all drug users as belonging to the
same group. This is a misnomer since they fail to recognize that there are a lot of types of drug
users ranging from adolescent recreational to adult users who sell, trade and run large illicit drug
flow. The following are the categories of drug users:

Top level dealers: They refer to a select outwardly respectable adult persons wo trade large
quantities of drugs to support their high class lifestyle. Also known as upscale dealers,
they are indistinguishable from other young professionals. They use their business savvy
and skills along with their drg earnings to get into legitimate enterprises. Due to their
money and influence, they rarely wind up in jail or prison.

Smugglers: They import drugs or its precursor to a territory, generally they are considered
as persons with strong organizational skills, middle aged or older, with capital and
established connections.

Stash dealers: They are mostly adolescents who distribute and sell small amount of drugs.
They sell drugs to maintain a constant access to drugs for their own consumption. Their
customers are mostly friends, personal acquaintances including their relatives.

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 Pushers: They are adolescents who frequently sell drugs to multiple dug users. They use
persons as fronts to acquire drugs and asks others to distribute the same in return for a
small commission. Deals are mostly irregular, making apprehension rather difficult. They
tend to frequent known drug user hang-outs to propagate drug flow.

Street level drug runners: They are teenage drug dealers who commit other delinquent
acts. They usually operate with a crew who act as look-out, recruiters, sellers. Between
small drug trade they engage in other unlawful activities such as robbery, theft and other
violent crimes. They obtain drug by means of consignment, and then the goods are sold on
the street.

Drug involved losers: They refer to those adolescents who cycle in and out of the criminal
justice system. They do not have the ability to join gangs but commits unplanned crimes
that increase their chances of apprehension. They are described as heavy drug users, who
earn a living by guiding customers and first time users to a seller, touting drug availability
to a dealer. To the illcit drug trade, they are considered as undesirebles who cannot be
trusted to handle drugs or money.

Drug using persisters: They make up the majority of drug users. Estimated to comprise
two thirds of chronic drug dependents, they started substance abuse while young and
continue to reach drugs after they reach adulthood. But surprisingly, they desist fom
committing other criminal activities, the cause of their addiction is linked with social and
developmental problems. Most of them have low nonverbal IQ’s and poor physiucal
coordination.

Adult predatory drug users: They begin substance abuse in early adolescent stage and
continue doing drugs and crime. They are mostly poor school performers, with limited
skills. Their lifestyle can be characterized as poly drug abusers, commiting predatory
crimes, getting arrested for their criminal acts and doing time. They filter in and out of the
criminal justice system who are incorrigibles and hard cases for rehabilitation. After
serving their sentence, they go back to the streets, they often look to make a big score or
deal, to significantly increase their drug abuse. Due to their chronic and increased
consumption, their lifestyle destablizes, causing family disintegration and destroying
careeer ties. When their resources dry up, they usually become street junkies who are
unreliable and likely to become police assets.

Stabilized junkies : They refer to adult predatory drug users who are rarely arrested. They
are known for calculated violence whci are carefully planned and coordinated. They are
most likely to use recreational drugs they are sometimes referred to as “winners” who have
learned skills and enable them to maintain normal lifestyles, they may opt to drug dealing
to obtain contact with other suppliers. They are mostly memnbers of the workforce,
earning legitimate income but does little to reduce substance abuse or illegal dealing
activities.

Women users: Women who are drug involed offenders comprise a separate classification of
subtances users. Women are less likely to be addicted to drugs than male offenders. But
those who choose this alternative and degrading lifestyle are mostly prostitutes who
engage in low level drug trade. They are infrequently violent criminals who are high risk
victims of rape and violence.

Types of Drug Use:

Medical use – prescription drugs and OTC drugs use to relieve or treat mental or physical
symptoms.

Legal use - use of such licit drugs as tobacco, alcohol and caffeine to achieve certain mental of
physical state by the user.

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Illegal instrumental use – taking drugs without a prescription to accomplish a task or goal, such
as taking nonprescription amphetamines to drive through the night, or relying excessively on
barbiturates to get through the day.

Illegal recreation use – taking illicit drugs for fun or pleasure to experience euphoria.

Hanson and Venturilli (2001) identified three types of drug users/abusers:

Experimenters – begin using drugs largely because of peer pressure and curiosity and limit their
use to recreational settings. Tobacco, marijuana and alcohol are the usual limits of their drug
taking behavior and they are more likely to know the difference between light moderate and
chronic use.

Compulsive user in contrast – devote considerable time and energy to getting high, talk
incessantly about drug use and become connoisseurs of street drug. For them, recreational fun is
impossible without getting “high”. Other characteristics of these users include the need to escape
or postpone personal problems, to avoid stress and anxiety, and enjoy the sensation of the drug’s
euphoric effects. Often, they have difficulty in assuming personal responsibility and suffer from
low self esteem. Many compulsive users are from dysfunctional families and often serious
physical problems underlie their drug taking behavior.

Floaters or “chippers” – focus more on using other people’s drug without maintaining a personal
supply. Nonetheless, “chippers”, like experimenters, are generally light to moderate consumers of
drugs. “Chippers” vacillate between the need for pleasure seeking and the desire to relive
moderately serious problems. As a result, they drift between experimental drug taking peers to
chronic drug using peers. In a sense, these drug users are marginal individuals who do not
strongly identify with experimenters or compulsive users.

Jurisdiction Over Dangerous Drugs Cases

Jurisdiction. – The Supreme Court shall designate special courts from among the existing
Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations
of this Act. The number of courts designated in each judicial region shall be based on the
population and the number of cases pending in their respective jurisdiction. The DOJ shall
designate special prosecutors to exclusively handle drug related cases. The preliminary
investigation of cases filed under RA 9165 shall be terminated within a period of thirty (30) days
from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor and a probable

cause is established, the corresponding information shall be filed in court within twenty-four (24)
hours from the termination of the investigation. If the preliminary investigation is conducted by a
judge and a probable cause is found to exist, the corresponding information shall be filed by the
proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.
Trial of the case shall be finished by the court not later than sixty (60) days from the date of the
filing of the information. Decision on said cases shall be rendered within a period of fifteen (15)
days from the date of submission of the case for resolution.

Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging
from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in
the following quantities, regardless of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),

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trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine
(GHB), and those similarly designed or newly introduced drugs and their derivatives, without
having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements,
as determined and promulgated by the Board in accordance to

Dangerous Drugs Board and Philippine Drug Enforcement Agency

The Dangerous Drugs Board. – The Board shall be the policy-making and strategy-formulating
body in the planning and formulation of policies and programs on drug prevention and control. It
shall develop and adopt comprehensive, integrated, unified and balanced national drug abuse
prevention and control strategy. It shall be under the Office of the President.

Composition of the Board. – The Board shall be composed of seventeen (17) members wherein
three (3) of which are permanent members, the other twelve (12) members shall be in an ex officio
capacity and the two (2) shall be regular members. The three (3) permanent members, who shall
possess at least seven-year training and experience in the field of dangerous drugs and in any of
the following fields: in law, medicine, criminology, psychology or social work, shall be appointed
by the President of the Philippines. The President shall designate a Chairman, who shall have the
rank of a secretary from among the three (3) permanent members who shall serve for six (6)
years. Of the two (2) other members, who shall both have the rank of undersecretary, one (1) shall
serve for four (4) years and the other for two (2) years. Thereafter, the persons appointed to
succeed such members shall hold office for a term of six (6) years and until their successors shall
have been duly appointed and qualified.

The other twelve (12) members who shall be ex officio members of the Board are the following:
(1) Secretary of the Department of Justice or his/her representative;
(2) Secretary of the Department of Health or his/her representative;
(3) Secretary of the Department of National Defense or his/her representative;
(4) Secretary of the Department of Finance or his/her representative;
(5) Secretary of the Department of Labor and Employment or his/her representative;
(6) Secretary of the Department of the Interior and Local Government or his/her representative;
(7) Secretary of the Department of Social Welfare and Development or his/her representative;
(8) Secretary of the Department of Foreign Affairs or his/her representative;
(9) Secretary of the Department of Education or his/her representative;
(10) Chairman of the Commission on Higher Education or his/her representative;
(11) Chairman of the National Youth Commission;
(12) Director General of the Philippine Drug Enforcement Agency.

Cabinet secretaries who are members of the Board may designate their duly authorized
and permanent representatives whose ranks shall in no case be lower than undersecretary.

The two (2) regular members shall be as follows:

(a) The president of the Integrated Bar of the Philippines; and

(b) The chairman or president of a non-government organization involved in dangerous drug
campaign to be appointed by the President of the Philippines.

The Director of the NBI and the Chief of the PNP shall be the permanent consultants of
the Board, and shall attend all the meetings of the Board.

All members of the Board as well as its permanent consultants shall receive a per diem for
every meeting actually attended subject to the pertinent budgetary laws, rules and regulations on
compensation, honoraria and allowances: Provided, That where the representative of an ex officio
member or of the permanent consultant of the Board attends a meeting in behalf of the latter,
such representative shall be entitled to receive the per diem.

Creation of the Philippine Drug Enforcement Agency (PDEA). – To carry out the provisions of RA
9165 Act, the PDEA, which serves as the implementing arm of the Board, and shall be
responsible for the efficient and effective law enforcement of all the provisions on any dangerous

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drug and/or controlled precursor and essential chemical. The PDEA shall be headed by a Director
General with the rank of Undersecretary, who shall be responsible for the general administration
and management of the Agency. The Director General of the PDEA shall be appointed by the
President of the Philippines and shall perform such other duties that may be assigned to
him/her. He/she must possess adequate knowledge, training and experience in the field of
dangerous drugs, and in any of the following fields: law enforcement, law, medicine, criminology,
psychology or social work.

The Director General of the PDEA shall be assisted in the performance of his/her duties
and responsibilities by two (2) deputies director general with the rank of Assistant Secretary; one
for Operations and the other one for Administration. The two (2) deputies director general shall
likewise be appointed by the President of the Philippines upon recommendation of the Board. The
two (2) deputies director general shall possess the same qualifications as those of the Director
General of the PDEA. The Director General and the two (2) deputies director general shall receive
the compensation and salaries as prescribed by law.

REHABILITATION AND TREATMENT.

Drug rehabilitation is an umbrella term for the processes of medical and/or

psychotherapeutic treatment, for dependency on psychoactive substances such as alcohol,
prescription drugs, and so-called street drugs such as cocaine, heroin or amphetamines. The
general intent is to enable the drug dependent to refrain from and cease substance abuse, in
order to avoid the psychological, legal, financial, social, and physical consequences that can be
caused. Drug rehabilitation tends to answer a stated two-fold nature of drug dependency:
physical and psychological dependency. Physical dependency includes detoxification process to
cope with withdrawal symptoms from regular use of a drug. With regular use of different drugs,
legal or otherwise, the brain gradually adapts to the presence of the drug so that normal
functioning can take place. This is how physical tolerance develops to drugs such as alcohol,
heroin, amphetamines, cocaine, nicotine. It also explains why more of the drug is needed to get
the same effect with regular use. The sudden cessation of taking a drug can lead to withdrawal
symptoms where the body may take weeks or months to return to normal, withdrawal symptoms
would depend on the drug involved, amount of the substancve taken, period of substance abuse,
the physical state of the user and his environment.

Psychological dependency is undertaken in most drug rehabilitation programs by teaching

the patient new methods of interacting in a drug-free environment. Patients are generally
encouraged not to associate with friends who still use the addictive substance. The program
encourage addicts to stop using alcohol or other drugs and examine and change habits related to
their addictions. Many programs emphasize that recovery is a permanent process without
culmination. For legal drugs such as alcohol, complete abstention--rather than attempts at
moderation, which may lead to relapse--is also stressed.

Various types of programs offer help in drug rehabilitation, including among others:
residential treatment (in-patient), out-patient, local support groups, extended care centers, and
sober houses.

Pharmacotherapies to a greater extent have come to play a vital role in drug rehabilitation.
Certain opioid medications such as methadone and recently buprenorphine are widely used,
showing significant progress in the treatment of dependence on other opioids such as heroin,
morphine or oxycodone. Methadone and buprenorphine are maintenance therapies used with the
purpose of stabilizing an abnormal opioid system and used for long durations of time though both
may be used to withdraw patients from narcotics over short term periods as well. Ibogaine is an
experimental medication designed to interrupt both physical dependence and psychological
craving to a broad variety of drugs including narcotics, stimulants, alcohol and nicotine. Some
anti-depressants are effective in moderating substance abuse, particularly to nicotine. It has
become common for researchers to re-examine and eveluate already approved drugs for new uses
in drug rehabilitation. Drug rehabilitation is a part of the criminal justice system. People
convicted of minor drug offenses may be sentenced to rehabilitation instead of suffering a term of
imprisonment.

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VICE CONTROL - Vice refers to any immoral conduct or habit, the indulgence of which leads to
depravity, wickedness and corruption of the mind and body. As a social problem, vice control
must be a coordinated effort of the government, the family, the community, the school system,
the church, mass media and civic groups who must actively campaign for the suppression of
vices in society. The government by means of police power serving as an effective agency of
control must embark on repressive measures against vice maintainers. The community members
as a whole must make an effort to attain moral education and economic upliftment through civic
mindedness and voluntary participation.

The four most persistent and common forms of vices are alcoholism, drug addiction,
prostitution and gambling. Vice control always poses problems to law enforcement work due to
the clandestine nature of the commission of the acts relating to vices. Vice operators enjoy
goodwill hence it results to the lack of cooperation from the players, customers, the victims and
the community members at large, In addition there is public apathy and indifference towards vice
control. Lastly there is seemingly a lack of political will among government leaders to work
against vice existence for vice operations is a good source of funds an laughing money used in
exerting influence, bribes, protection and campaign expenditures.

The study of vice is significant because of its persistence and continued presence in our
society. They tend to affect directly and indirectly the daily lives of the people in the community.
Since its effects are harmful and disastrous orally, its physical results would be an increase in
crime occurrences. Vice disrupts the social stability and make-up of the Filipino family and a
burden to youth who are the most affected members of society due to vice problems. Its
prevention and control is vital for nation building and sustained economic growth of the country.

I. ALCOHOLISM - The practice of alcohol consumption as stimulants dates back to the early time
of human civilization. The commercial use of wine is recorded as before time of the Code of
Hammurabi (2380 B.C.) In the Philippines, the use of alcohol is traced to be earlier than the
rediscovery of the islands by the Spaniards. Very few are aware of the fact that alcohol is a drug
which is commonly available to the public. Abuse of alcohol has injurious effects to the
consumer’s physical health and well being and may result in serious problems on his personal
relationship causing disruption of marital harmony and family relations and job performance.
Alcohol is habit forming and impairs one’s visual perception and slows down mental alertness.
Aside from its effect to the body, alcohol consumption is related with incidents of assaults, rape
and other violent crimes because it tends to remove inhibition and restrains that is inherent to
civil behavior. An alcoholic beverage is a mixture of ethyl alcohol and water with a small amount
of congeners responsible for its peculiar taste and odor.

A drunkard refers to a person who habitually takes or use any intoxicating beverage
containing alcohol and while under its influence or in consequence of the effects thereof is either
dangerous to himself or to others. A drunkard is a source of harm or serious annoyance to his
family or his affairs or of ordinary and proper conduct. He posses lesser resistance to the effect of
alcohol.

Chronic alcoholism is a condition where a person who, from prolonged and excessive
consumption of alcoholic beverages develops physical and psychological changes and dependence
to alcohol. The person consciously or involuntarily begins to demand on alcohol’s therapeutic and
narcotic effects for a “pick-up”, to sleep at night, to feel good, to relax, to cope with personal,
business or other concerns, to enjoy social gatherings, to get way fro oneself, to repress inner
urges or resentment and relieve distressing restlessness. A person diagnosed as chronic
alcoholics develops physical and moral deterioration, difficulties with the law, loss of job and
family problems.

Alcohol is measured in units which are comparable to 10 grams contained in 300 cc of

beer of 100 cc of a glass of table wine. The safe consumption for males is around 21 units and 14
units for female drinkers. Distillation is a method used to increase the concentration of alcohol
since normal fermentation stops at around 12 to 14 % by volume. In distilled liquors, alcohol is
measured in terms of “proofs” which is estimated to be twice the percentage of alcohol by volume.

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Drunkenness as a crime: In the Philippines drunkenness in itself is not a crime because of the
liberties we enjoy, we are free to take in excess in privacy of our homes or in the gaiety of a
celebration. It is only when drinking alcohol exhibits his condition publicly or disturbs, annoys,
endanger or injure others that the offender may be subject to apprehension. Considered as a
misdemeanor in certain towns and municipalities by means of local legislation. It is an alternative
circumstance under the Revised Penal Code Art 15, when used in the commission to commit a
crime, consumption of alcoholic beverages becomes aggravating while mitigating if consumption
is not intentional and habitual. Intoxication is no defense in the commission of a crime. Alcohol
sale and public consumption is prohibited by law on any registration days and two days
immediately preceeding the day of voting and during the vote and canvas by virtue of sec. 52, RA
180. The sale of alcoholic beverages is prohibited to minors but its enforcement is not observed
due to either the ignorance of “sari-sari” store operators or their defiance and insistence to
increase profits.

Kinds of intoxication:
 Involuntary – when a drunken person does not know the intoxicating strength of the
beverage he has taken.
 Intentional – when a person deliberately drinks liquor fully knowing its effects, either to
obtain mitigation or to find the liquor as a stimulant to commit a crime.
 Habitual – when a person finds that drinking is a constant necessity and the vice
ultimately takes hold of him.

Degree of intoxication:

 Slight inebriation (10 to 100 mg/100 cc.) - It is manifested when there is reddening of the
face. In this condition there is no sign of mental impairment, lack of coordination and
difficulty of speech. But there is a marked loss of self control, making the user talkative,
and increasing confidence.

 Moderate inebriation (100 - 200 mg./100 cc.) – In this stage, the person tends to become
argumentative and over-confident. There is a slight impairment of mental functions,
difficulty of articulation, and loss of coordination of finer movements. The face is flushed
with digested eyeballs. Reckless and shows little coordination. A person under this stage
is considered as under the influence of alcohol.

 Drunk (200 – 300 mg./100 ml.) – In this state of mind of the person becomes confused.
His/her behavior is irregular and the movement is uncontrolled. The speech is thick and
uncoordinated. There is loss of equilibrium, diminished pain senses and marked
disturbance in vision.

 Very drunk( 300-400 mg./100 ml.) – In this phase, the mind becomes confused and dis-
oriented. There is difficulty of speech and marked poor motor coordination. Walking may
be hard for persons diagnosed, there is increased disassociation leading to stupor.

 Coma (400 mg. and above/100 ml) – In this condition, the subject is in state of
unconsciousness or stupor. This may result to hypothermia and probably death.

II. PROSTITUTION - An act or practice of a woman, man or child who indulges habitually or
engages in sexual intercourse for money or profit. This is a vice which cause physical and moral
suffering to society. Although prostitution is illegal, there has been no effective method to curb
and prevent it. Often called the oldest profession known to man, prostitution has existed and
persisted since the beginning of man’s recorded history. Prostitution may be controlled and
regulated, commercialized prostitution must be abated.

Classification of Prostitutes on the Basis of Operation:

Call girls/boys – They are part time prostitutes who engage in other legitimate profession.
Sometimes they are sales representatives, food servers, tellers, beauticians, and the like who gets
involved in sex trade to augment their income. They usually make arrangements with contacts

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and customers to meet them at designated places. They may work alone or in partnership with an
intermediary or pimp with whom they partition their earnings.

Hustler – They are considered as professionals, also known as street walker, bar or tavern pick-
up. They frequent bars where liquor is served to get clients, sometimes with the knowledge and
permission from the management. The street walker is the oldest and most common type of
prostitute; the usual clientele are tourists, gamblers, criminals, addicts and other low lives. They
frequent parks and malls where a lot of potential clients are around; on occasion they are
associated with swindling of their customer.

Door Knocker – They are occasional and selective prostitutes, usually a new comer to the sex
trade. Mostly motivated by extreme need for money due to poverty or supporting other vices. They
make contact thru information coming from other prostitutes, advertisement as escort ladies and
men using print and the internet as a means or contacts coming from old clients. They hang
around hotels, bars and furnished houses which cater to the more affluent members of society.

Factory Girls – They work-in regular houses of prostitution such as massage parlors, brothels
and accept all customers as they come. They work in regular shift under the supervision of a
madam or pimp who selects and solicits customers. They earn a living by obtaining a commission
for every customer serviced.
Types of Prostitution Houses:

Disorderly Houses – This kind of prostitution house is usually under the control of an organized
crime syndicate. It lodges a number of factory girls or professional prostitutes. A maintainer or
madam take charge of the operation supported by a staff consisting of a cashier, room boys,
registry clerks, watchmen, pimps and bouncers. Their operation appears to be a legitimate
business entity and mostly under the protection of crooked law enforcement authorities and local
officials as frequent customers. They maintain a number of small rooms with the prostitutes
staying and waiting for clients, at times the house is provided with secret exits to facilitate escape
in case of police raids.

Furnished Room Houses – Typically managed by an experience madam who rent rooms to
legitimate roomers in order to maintain the appearance of legality and responsibility. Deliberately
the madam leaves several rooms vacant but reserved for prostitution activities. The prostitutes
are mainly call girls who make the rooms as designated place of business. Their rent is based on
a per customer or use basis not residing there to maintain anonymity of their identity. These
houses are usually located in high rise establishments and flashy residential areas.

Call Houses _ this is where the customers call and the madam make an arrangement sending the
girls by a transporter to the place agreed upon. The location appears to be a legitimate business
enterprise such as a service agency, a computer shop or internet café, travel offices, beauty
parlors, bars and other similar entity with business permit and licenses. The operation is
clandestine where the telephone number is limited to a select group of regular clientele and
pimps who conducts background check on the ability of the prospective customer to pay.

Massage Clinics – These houses are manage under a permit and license to operate issued by the
local government but acts as fronts for prostitution. They operate along with hair stylists,
manicurist, attendants and massagists who while servicing clients can make arrangement for sex
encounters.

Prevention and Control of Prostitution:

The School of Total Repression: Also known as the American Model, this contends that
prostitution needs to be subdued by detention, apprehension of not only the sex worker but also
the customers. This idea argues and treats prostitution as a crime which must be repressed and
prohibit by means of legislation. It adheres to chastity and morality as the norm for conduct in
society. It asserts that licensing or allowing prostitution would invite promiscuity without fear of
the law. In the Philippines this is the applied thought calling for the following measures:
 Strict enforcement of all laws and ordinances against prostitution and all other activities
and vices related to it.

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  Mandatory sex-education giving emphasis on venereal and sexually transmitted diseases
and prostitution.
 Adoption of preventive medical measures for the diagnosis and treatment of VD and STD.
 Penalizing all those involved in prostitution including the customer.
 Increasing the penalties applicable to prostitution and persons who may be liable in
relation to the white slave trade.

The School of Regulatory Control – Propagated by the Europeans, this is also known as the
“French Model” it maintains the idea that society cannot do away with prostitution unless we
consider the problem causing it and removing identified causes. During the time of Napoleon
Bonaparte, in 1808 it was observed that arrests, detention and punishment meted against the
sex trade will only drive them to clandestine activities. As a result, they established red light
districts where sex trade may be legally engaged where they may be regulated, controlled and
inspected for health purposes. The following measures and regulatory policy have been adopted to
provide the necessary protection from society:
 Isolation of brothels to restricted location or districts.
 Licensing of houses of prostitution.
 Registration of prostitutes protecting them from exploitation and white trade slave.
 Periodic medical check-up of prostitutes and giving free public health education.
 Legalizing the practice of prostitution under government supervision and control.
 In case of arrests of prostitutes, it should be handled by social workers and medical
practitioners but not police entities.
 The rehabilitation of prostitutes by providing with basic education, skills, jobs and
facilities to earn a decent living.

III. GAMBLING - In illegal gambling as in all business, the head of the organization is in a
position to take the largest profit. He may have under his control and operation a number of
proprietors and gamblers using his facility, equipment and paraphernalia. Each of those persons
is engaged in continuing series of criminal acts. The total profit may amount to millions for daily
operations, for which the head of the syndicates gives percentage to his personnel, protection
money to national, local officials including law enforcers, prosecutors and members of the
judiciary. The large profit from gambling is used to circumvent the law, influence politics and
public perception. Funds are made available to influence, to bribe, to campaign and to employ the
best legal minds to retain in office friendly public officials and to remove unfriendly ones.

Elements of the crime of gambling are, the money of other value or consideration is t stake
and the result of the games depends chiefly or mainly upon chance or hazard. In lottery, there
must be consideration, chance and prize or the equal amount due to the winner.

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