AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY

CRIME DETECTION AND INVESTIGATION

MEMORY AID
Prepared by: SIR ART BURCE (Landong Parapadyak)

FUNDAMENTALS OF CRIMINAL INVESTIGATION:

➢ Criminal Investigation – Art/Science w/c deals with (objectives/3-fold aim/ I-L-P)
I – identity of the offender
L – location of the offender = purpose of? Arrest
P – Providing/Gathering of evidence
*Which is not included? Prosecute the suspect
* The identity of the suspect is determined by the ff means/modes? (C-D-A-C)
- Confession, Description of Eyewitness, Associative, Circumstantial
Confession – direct/positive acknowledgment of GUILT / cannot be implied
Admission – acknowledgment of FACTS / can be implied / falling short
Identification of the suspect by means of description of witnesses: PSPL and PRAG
Procedure/Process: (1) Physical Show-up – suspect is presented to the witness at the crime scene
(2) Police Line-up – suspect is mixed w/ innocent persons (7-10) lined before witness done at HQ;
**Purpose of Police Line-up? To eliminate the power of suggestion
* Police Line-up? Not a stage of custodial investigation
Means/Modes: (1) Portrait Parle – verbal description/ (French word meaning: Speaking Likeness)
(2) Rogues Gallery – polices files of photograph/ police characters/ kept by police unit for reference
(3) Artist Sketch – aka Cartographic Sketch – composite drawing of the suspect’s face
(4) General Photograph – different facial features are presented to the witness
What are the factors that you should consider in determining the ACCURACY of his identification of the suspect? A-P-L
1) Ability to Observe; 2) Prevailing conditions; 3) Lapse of time; EXCEPT? State of mind --> credibility
CIRCUMSTANTIAL EVIDENCE, when sufficient? (M-P-C) More the one; Proven; Combination will produce PBRD
6 Cardinal Points/Interrogatives of Report Writing/ 5W’s & 1 H:
What – specific offense; Who – persons involve; When (time) Where (place/location)
Why? Answers to MOTIVE – moving power/induces a criminal to act/ not an element of crime
How? – Modus Operandi – summary of habits/ peculiarities of behavior/operational procedure/ unique features
TOOLS (3 I’S) OF INVESTIGATION:
A) Information – data/knowledge
Sources: R-C-G – (1) Regular (open, easiest to acquire, police files, internet);
(2) Cultivated – informer (paid/reward) /informant (voluntary/no reward);
(3) Grapevine – underworld characters (criminals/prisoners/ex-convicts)
FORMS: S-W-P – (1) Sensory; (2) Written; (3) Physical; EXCEPT? Concrete; Material Form
B) Interview/interrogation – similarities? purpose of questioning; differs? (1) manner (2) subject
Interview – simple/formal/casual questioning of victim/witness – friendly approach
Interrogation – forceful/systematic/vigorous questioning of a person (suspect/hostile witness) reluctant to
divulge information --- adversarial/hostile approach
C) Instrumentation – (tangible things/various sciences applied in detection of crimes and identifying suspects
based on physical evidence found at the crime scene
SURVEILLANCE – covert observation of persons, place and things; SURVEILLANT – person who conducts surveillance
Shadowing/Tailing – covert observation of person
One-man shadow – guarded against by one
Two-man shadow – 2 agents
ABC Technique/Method – Three-man shadow
Leap-frog/Progressive method – assuming the suspect follows the same route each day/ to locate the hide-out
Loose tail – general impression of subject – long-distance
Rough Tail – subject is aware that he’s under surveillance
Close Tail - extreme precautions/actions taken in not losing the subject/ short-distance
Casing/Reconnaissance – covert observation of places
Stake-out – agent is in fixed position; aka stationary or fixed surveillance
Made or Burn-out – when the identity of the agent is revealed
Undercover Operation or Roping – the officer conceals his true identity / assumed a different role.-
Work – workplace/place of work or employment
Social – “hang-out”
Dwelling – residence; community where he lives
Personal-Contact – “befriended”
Subversive Org. – joining the organization where the subject belongs.

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE
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Physical Evidence – articles & materials / occupied space & has mass / generally found at the scene
*3 Kinds of Physical Evidence (CAT):
a) Corpus Delicti – body of crime / essential part of crime / proof of occurrence
b) Associative – links/ linking/ connect/ disproves alibi – personal effects like latent prints & shoe impression
c) Tracing – locating; tracking; determining the whereabouts
IRONIC Format: Identity, Rapport, Opening Statement, Narration, Inquiry, Conclusion
*What should be established first before or during the conduct of interview or interrogation? Rapport with the suspect

Custodial Investigation - questioning of a person taken into custody/ Person is ALWAYS afforded by his RIGHTS
- Custody COMMENCE either by ARREST or INVITATION (R.A. 7438),
- The mere invitation of the suspect under R.A. 7438 is already considered as the beginning of? Custody

Minimum Requirements for an XJC be admissible as evidence in court? (Vo-WriLa-Un-Pre-SigThu)

a) Voluntary; b) In Writing in Language known to the confessant; c) Taken Under oath; d) Presence of
counsel; e) Signed or Thumb marked by the confessant
*Made the confession without the assistance of a counsel? Inadmissible
*Made the confession thru coercion & duress? Inadmissible – because? Involuntary given without free will
*Confessed to have killed a person with a knife but no counsel was present during confession? Both extra-judicial
confession and the knife were inadmissible: (1) XJC – exclusionary rules on evidence; (2) Knife – Fruits of Poisonous
Tree
* As a rule, it is not sufficient just to recite the rights, he is also duty bound to? – Explain the effects of rights in practical
terms.
* NOT suggested to be done in documenting the confession? – Assume the literacy of the suspect

First Responders – first officer to arrive at the scene;

What should be done by the FRs upon arrival? (generic) Assess the situation – Conduct initial assessment
- Priorities of the FRs: 1) Save Lives; 2) Arrest or Apprehend the suspect; 3) Cordon-off the area
- Other duties of the FRs: Taking Dying Declaration/Articulo Mortis/Ante-mortem statement – no definite form; need not
be under oath
What should be turned-over by the FRs to the I-O-C upon the latter’s arrival? Custody of the crime scene

Triangle of Evidence: a) Crime Scene – the main source of physical evidence; b) Suspect; c) Victim, EXCEPT? Witness
Elements of investigative process, EXCEPT? Presentation
RCPEP: R- Recognition / Identification – which the Prober & Searchers should be trained by Forensic Specialist
C – Collection
P – Preservation
E – Evaluation
P – Presentation – (in- court) – technically not an investigative process
Golden Rules of CSI:
- Never Touch; Move nor Alter/change anything inside the scene unless properly documented
Means of documenting/recording the crime scene: N-P-M-S
- Note-Taking – ska Recording – constant activity
- Photographing – to show/preserve the appearance of the crime scene/physical evidence
- Measuring – locating points of evidence; incorporated in the sketch
- Sketching – supplemental to photograph; shows the actual measurement
Photographic Views: Types of Measurements: Kinds of Crime Scene Sketch:
1) General View – location 1. Triangulation – 2 fixed point General Kinds:
2) Medium View – nature; 4 2. Rectangulation – 2 nearest Rough Sketch Finished Sketch -
corners; shows entry and exit walls crime scene HQ, office, station
points 3. Baseline – drawing straight - no S&P - scale & proportion
3) Close-up View – details of crime; line -approx. - exact measurement
individual photograph of 4. Compass-point – 1 point; measurement - fill in all details
evidence; injuries protractor Purpose: Basis or Purpose: Court
4) Extreme-close up – use of 5. Cross-projection – 2- Guide; reference presentation
magnification; extent of damage dimensional sketch – walls are Specific Kinds:
- Photomicrography – microscope folded down/ aka Exploded view 1. Sketch of Locality - environs
- Photomacrography – extended tube - shows bullet holes & blood 2. Sketch of the Ground – crime scene;
lens; enlarging photograph; aka stains nearest physical surroundings
Macrophotography 6. Azimuth – use of GPS device aka Floor PLan
- Microphotography – reducing; film- - aka Polar coordinate method 3. Sketch in Details – immediate scene only
making

Crime Scene Search – purpose? To look for physical evidence

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE
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METHOD OF SEARCH (search patterns)
• Strip/Line – simplest/parallel/ 1-3 searchers
• Double Strip/Grid – modified line search / across
• Spiral/Circular/Concentric – ideal for single searcher / underwater
• Wheel/Pie/Spoke/Radial – gather at the center then moves outward simultaneously
• Zone/Quadrant/Sector – breaks the area into smaller ones / divides into four sub-areas
• Clockwise-Counter-clockwise – 2 searchers / 3-D crime scene (floor-walls-ceiling)
Applicable to circular or oval crime scene? Spiral, wheel, CW-CCW

Preservation of Integrity of Physical Evidence:

Physical Integrity – proper packaging; properly identified, tagged or sealed
Legal Integrity – maintenance of the Chain of Custody
*Physical evidence is contaminated, altered of shape, damaged or lost because of? Ans: Improper packaging and non-
maintenance of chain of custody.
* Consequence of improper preservation of evidence? The damaged is permanent and irreversible, thus, harming the
conduct of investigation.

First Responders – initial assessment

Investigator-on-Case – general assessment
SOCO Team Leader – initial or preliminary survey; final survey
Purpose of final survey? – to determine whether or not the processing has been completed
Release of the Crime Scene – final/last stage of crime scene investigation

SPECIAL CRIME INVESTIGATION:

*Not included in special crime investigation? – gambling, theft, malicious mischief, physical injuries
3 Bridges of Mistake (Burned Bridges)? M-E-C = Never let the body to be MOVED, EMBALMED & CREMATED or Burned
before conducting investigation.
Homicide Investigation – official inquiry made by the police on crimes and circumstances surrounding the death of a
person w/c is expected to be unlawful; aka Homicide Probe
▪ Homicide Probe - Includes all types of death regardless of the nature
Destruction of Life, except? – mutilation, serious physical injuries and rape.
Crimes of Killing (Title 8 of Revised Penal Code) – “Destruction of Life”
Abortion (Art. 256-258) - fetus
Infanticide (Art. 255) – killing of infant – less than 3 days old or less than 72 hours
Parricide (Art. 246) – Killing of father, mother, child (legit or illegit); ascendants, descendants or spouse (legally married)
- Facts about Parricide:
a) In parricide, the relationship should be (both) by blood and by direct line except the spouse.
b) Proof of legitimacy is not required if the deceased is either the father, mother or the child of the offender
c) The spouse must be legitimate
d) Brother or sister; Adopted Child; Adopting Parents; Uncle; Aunt; Cousins; Niece or Nephew – NOT INCLUDED
Murder (Art. 248) – not falling under infanticide nor parricide; presence of qualifying circumstances.
Homicide (Art. 249) – killing not falling under infanticide, parricide nor murder.
• In attempted or frustrated homicide, if there is no intent, the crime you have to file is? – Physical Injury
• Presence of qualifying circumstances – change homicide to murder
• Absence of qualifying circumstances – change murder to homicide

Republic Act 8353 changes (new concept) on rape:

• Rape is a crime against persons
• Degenderization of the crime of rape
• Allows for the concept of marital rape
Circumstances of committing Rape: either (1) Sexual Intercourse or (2) Sexual Assault:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) Statutory Rape -- the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present.

Acts of committing Rape:

1) By Sexual Intercourse – by inserting penis into the vagina
2) By Sexual Assault – (a) penis inserted into the mouth or anus
– (b) object/instrument inserted into the vagina or anus

Forensic Odontology – the scientific method of personal identification by means of dental characteristics. / Dental
structures/ dentures/ bitemarks

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE
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Rigor Mortis/ Post-mortem Rigidity Livor Mortis/Post-mortem Lividity Algor Mortis
- Stiffening/hardening of the body - Discoloration of the body - Cooling of the body
- Changes on the muscle - Deep blue or purplish color - Drop of body temperature
- Starts: 3-6 hrs. (2-6 hrs.) after death - Appears on the lower part/ - 98.6*F – normal temp
- Completed – usually 12 hours dependent portion of the body upon - 15-20*F – dead
- Last – usually 36-48 hrs. (24-36 hrs.) death - 12 hrs. – equal to the
- Begin to appear on the neck & low jaw - Begins – 30 mins/Completed – 12 hrs. surrounding

Importance: It determine the approximate Importance: It indicates the initial Importance: Conclusive sign of
time of death position of the body death
Forensic Entomology – study of insects
Blowfly – lay its eggs? Rotting Flesh;
*Presence of maggots may indicate that body is dead for at least? 2 days.
- (Fleas/Flies = 24 hrs., Maggots =24 hrs.)
* Fleas may remain alive under water for? – not more than 24 hours
Wounds according to instrument used: Other types of wounds:
Lacerated – Blunt object – tearing of the skin Gunshot wound – resulted from perforation or
Abrasions – rough surface – epithelial layer of the skin penetration of projectile;
Punctured – sharp-pointed Defense wound – resulted from one’s own instinct of
Incised – sharp-edged self-protection
Stab – both sharp-pointed & sharp-edged Patterned wound – reproduce the pattern of object
causing the injury
GUNSHOT WOUND:
SUICIDAL HOMICIDAL ACCIDENTAL
a. Contact/near-contact fire, evidenced a. Site of the entrance wound has no point of a. Usually one
by burning or tattooing around the selection. shot only
wound. b. more than one gunshot b. No special
b. Presence of one gunshot wound c. inaccessible part of the body involved area of the body
c. Body part involved is accessible to the d. Discharge of firearm is made when victim is some is involved.
dexterous hand. distance away. c. Testimonies of
d. Presence of suicide note e. Sign of struggle may be present. witnesses.
e. Wounding firearm is tightly held f. Signs of disturbance in the surroundings maybe
(cadaveric spasm) present.
Asphyxiation –gradual or sudden removal of oxygen from the body:
Suffocation Strangulation Mechanical Chemical Drowning
Smothering – blocked Manual – use of hands and Traumatic – - Replacement of - Oxygen on
external airways limbs (throttling, gagging) outside force of oxygen by other the lungs is
Choking – blocked Ligature – neck is compressed compression chemicals/substa replaced
internal airways by force of the ligature Postural – aka nce by water or
Entrapment – contained Hanging – neck is compressed positional asphyxia- Ex. CO poisoning mud
spaces/ aka vitiated due to weight of suspended (infants)
atmosphere body
TRAFFIC MANAGEMENT & ACCIDENT INVESTIGATION:
Traffic Management – understanding the motivation behind the behavior of motorists, commuters &
pedestrians
Traffic – “movement” of persons, goods & vehicles Transportation – “conveying” of persons, goods & vehicle
• Road & Traffic Users – includes pedestrians, pedal cyclists, drivers, passengers & others.
• Driver – person authorized by law to operate a MV on a public way
• Passenger – a person being carried/in-transit by MV
• Conductor – responsible for the no. of passengers, freight or cargo.
• Pedestrian – person travelling-on-foot or in perambulator.
DRIVER’S LICENSE – authorization to drive; privilege not a right; public document; granted to all qualified applicants
Students Permit – Non-Professional – Professional –
Validity: 12 mos. or 1 yr. Validity: 5 yrs. Or 60 months Validity: 5 yrs. Or 60 months
Minimum Age: 17 y.o. Renewal: 10 yrs. if NO violation Renewal: 10 yrs. if NO violation
• Private vehicles only; Minimum Age: 17 y.o. Minimum Age: 18 y.o.
• Accompanied by Non-Pro or - - Private Vehicles only; - Private & Public vehicles; “For Hire”
Pro Driver - - Not allowed to drive a “For Hire” - PUV’s; Vegetables & Fruit Trucks
30 days --- to Non-Pro. vehicle
6 mos. ---- to Professional

International DL – Military DL – Foreign DL – Driver’s License Receipt –

- Granted by AAP; must be a - Driver of military vehicles- Allowed to drive in - - temporarily accepted
holder of Non-Pro or Pro - - 18 yrs. old minimum the Philippines within due to non-availability of
- - 1-year validity age 90 days card- type license

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE
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• Motor Vehicle - any vehicle propelled by any power other than muscular power using the public highways.
• Passenger automobiles - net allowable carrying capacity does not exceed 9 passengers.
• Passenger trucks - motor vehicle registered for more than 9 passengers.
• Articulated vehicle - motor vehicle with a trailer having no front axle
• Driver - shall mean every and any licensed operator of a motor vehicle.
• Professional driver - 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 - the actual legal owner of a motor vehicle, in whose name such vehicle is duly registered with the LTO

*Who is the "owner" of a government-owned motor vehicle? --- Ans: The head of the office or the chief of the Bureau
to which the said motor vehicle belongs.

• Dealer - any person or 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 to trading
same.
• Garage - any building in which 2 or more motor vehicles are kept ready for hire to the public.
• Gross weight - the measured weight of a motor vehicle plus the maximum allowable carrying capacity.
• Highways - every public thoroughfare, public boulevard, driveway, avenue, park, alley and callejon.
• Parking or parked - a motor vehicle brought to a 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.
• Tourist - shall mean a foreigner who travels from place to place for pleasure or culture
• Traffic Congestion/Jam – slow/delayed traffic movement.
• Traffic Obstruction – hinders or prevent the smooth flow of traffic.
• Overpass – elevated structure build for pedestrians in crossing busy highways.
• Crosswalk – safety zone of pedestrian while crossing
• Traffic Way – entire width b/n boundary lines
• Subway – underground conduits
• Skyway – modern urban system of roadway above street-level
• Tunnel road – cut on a hill or sea
PILLARS OF TRAFFIC:
General Pillars (3 E’s) Subsidiary Pillars:
Traffic Engineering – measurement of traffic & travel. Traffic Ecology – good or bad effects to
- Objective? – safe and on time/ without delay environment
Traffic Education – inculcation of knowledge about traffic Traffic Economy -
Traffic Enforcement – implementation of traffic laws

Traffic Enforcement Process (DAPAP), except? --- Control

- Detection – wholly police responsibility; looking for defects; ex. Traffic patrolling & Traffic observation
- Apprehension – wholly police responsibility; actions are taken; ex. Traffic Arrest, Citation & Warning
- Prosecution – court responsibility; police may be part of evidence gathering.
- Adjudication – court responsibility; try and hear cases; police as a witness
- Penalization – court responsibility; police may provide previous records of arrest

TRAFFIC ENFORCEMENT ACTIONS:

Traffic Arrest Traffic Citation Traffic Warning
- *Taking a person into custody as a result - *To compel to attend court hearing 1. Visual – minor violation; hand
of law violation w/o arrest gestures & signals
Grounds: Types of Citation: 2. Verbal – form of traffic educ.;
1. Offense is serious 1. TOP – LTO – RA 4136 – 72hrs. tell & explain; newly enacted
2. Arrest to avoid continued violation 2. TVR – MMDA – RA 7924 – laws
3. Offender will not attend the court 72hrs. 3. Written – combination of
hearing based on Reasonable Doubt 3. OVR – LGU – RA 7160 – 5 days. verbal & citation (most
deterrent form of warning)

In arresting a traffic violator, which of the ff should NOT be observed? --- impose the probable penalty that might be
imposed.
Chain of Events – characterized by the manner of occurrence of a M.V. accidents; P-S-I-M-D-S-I

ORGANIZED CRIME INVESTIGATION:

Organized Crime – “illegal activities” committed by group of 3 or more person for what motivation? --- Profit.
• The concept of organized crime originated from? – US, where Al Capone run Chicago w/ blood and guns.
• The Chicago Outfit – group of Al Capone pioneered bootlegging --- illegal smuggling of alcoholic beverage.
• Small street gang in New York? --- Five Points Gang.

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE
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Organized Crime Group – structural group of 3 or more person
Transnational Crime – borderless crime; more than 1 country/state; across borders; overlaps national boundaries
Transnational Organized Crime – 3 or more; Profit + irrespective of national boundaries
Ideology – sets of doctrines, ideas & beliefs
Jihad – “holy war”

Attributed of Organized Crime (9) – N-H-L-U-P-W-D-G-M

Non-ideological – no political goals; money-oriented
Hierarchical – vertical power structure
Limited or Exclusive membership – certain qualification: kinship, race, criminal record
Unique subculture – claimed as distinct from conventional society
Perpetuates itself – organization continues overtime.
Willingness for violence & bribery – to get what they want.
Division of Labor – to easily determine irregularities and punish erring member.
Governed by Explicit rules & regulation – w/c members are expected to follow.
Monopolistic – hates competition & rivalry

Models of Organized Crime Relationship’s b/n OCG & Illegal Business

a. Bureaucratic or Corporate Model – a. Parasitic – extorting money through threats of
- similar to police & military violence
- competitive rather than monopolistic b. Reciprocal – money in exchange of protection
b. Patrimonial or Patron-Client Model - loose system of power c. Entrepreneurship – the OCG provides illegal
relationship; traditional societies centered into families goods

Mafia – originated in Sicilian Struggle against French Rule in 13th century

Italian Mafia Families; Sicilian Mafia, The Camorra, ‘‘Ndrangheta & Sacra Corona Unita, EXCEPT? – La Cosa Nostra
“Big Six” Transnational Organized Crime: SR-TY-CM
• Sicilian & American Mafia Families
• Russian Mafia
• Triads
• Yakuza
• Columbian Drug Cartels
• Mexican Federations
Omerta – code of silence & secrecy; prohibits a member to trust/cooperate with authorities
Mafiosi – “man-of-honor” / member of Mafia; aka Goodfellas, Wise Guys, Made Men, Soldati, Bottom-men.
Oyabun-Kobun – relationship inside Yakuza
Medellin Cartel – formerly the most powerful drug trafficking organization founded by Pablo Escobar
Sinaloa Cartel – Blood Alliance/ CDS or Cartel De Sinaloa; Founder: Joaquin Guzman aka El Chapo – most powerful drug
trafficking organization in the world.
Chinese Mafia – oldest and biggest criminal organization in the world that controls the Golden Triangle

Top 4 Motorcycle Gang: EXCEPT? ---- Tongs – Chinese O.C. known as “hall or lodge”
▪ Hells Angels
▪ Outlaws
▪ Pagans
▪ Bandidos
RA 9208 – “Anti-TIP Act of 2003”, as amended by RA 10364 – “Expanded TIP Act of 2012”
*Known as “Modern-day Slavery”? --- T-I-P or Human Trafficking
*Trafficking-In-Person’s core elements; actions, means, and purpose; EXCEPT? --- motive
*Purpose of Human Trafficking? – exploitation

QUALIFIED TIP: Penalties --- Life Imprisonment

a. Child victim
b. Adopted through R.A. 8043 but the said adoption is for the purpose of exploitation
c. Syndicate, or in large scale
d. Offender is a person who exercises authority over the trafficked person (spouse, ascendant, parent, sibling,
guardian) or when the offense is committed by a public officer or employee;
e. Trafficked person is recruited to engage in prostitution with any member of the military or LEA
f. When the offender is a member of the military or LEA
g. When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane,
suffers mutilation or is afflicted with (HIV) or (AIDS);
h. When the offender commits one or more violations of Section 4 over a period of sixty (60) or more days,
whether those days are continuous or not; and

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE
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i. When the offender directs or through another manages the trafficking victim in carrying out the exploitative
purpose of trafficking."
Prescription Period:
10 years – Trafficking Cases (generic)
20 years - Trafficking cases committed by a syndicate or in a large scale, or against a child

RA 9160 – AMLA – Anti-Money Laundering Act of 2001

Money Laundering – process of converting illegally obtained funds to conceal the trail and make it look as derived from
legitimate source. (Meyer Lansky – 1st to master the art of money laundering)

AMLC – Anti-Money Laundering Council – “financial intelligence unit of the Philippines”

• Governor of Bangko Sentral ng Pilipinas --- as Chairman
• Chairperson of S.E.C.
• Commissioner of Insurance Commission
STAGES OF MONEY LAUNDERING --- P.L.I.
a) Placement – placed in financial institution done by smurfing or immersion; initial stage
b) Layering – converted into tangible assets; aka -- heavy soaping
c) Integration – brought back to mainstream economy; aka – spin dry

DRUG EDUCATION & VICE CONTROL

Drug Dosage – amount taken at one time. Drug Dependence – drug use over an extended period of time
• Minimal – smallest 1. Physical dependence --- has withdrawal syndrome
• Maximal – largest a) Tolerance --- ever-increasing amount to achieve the same effect
• Toxic – untoward effect; poisoning. - b) Addiction --- severe craving for the drugs
• Abusive – side effect 2. Psychological Dependence --- user relies on a drug to achieve the
• Lethal – fatal, death feeling of well-being
a) Habituation --- continuous desire for drugs

DEFINITIONS OF TERMS:
• Administer. – any act of introducing any dangerous drug into the body of any person.
• Centers. - any of the treatment and rehabilitation centers for drug dependents
• Laboratory- refers to the facility of a private or government agency that is capable of testing a specimen to
determine the presence of dangerous drugs therein;
• Clandestine Laboratory. – any facility used for the illegal manufacture of any dangerous drug.
• Confirmatory Test. – an analytical test which will validate and confirm the result of the screening test.
• Controlled Delivery. – The investigative technique of allowing an unlawful or suspect consignment of any
dangerous drug.
• Cultivate or Culture. – act of knowingly planting, growing, raising of any plant which is the source of a dangerous
drug.
• Deliver. – any act of knowingly passing a dangerous drug to another with or without consideration.
• Den, Dive or Resort. – A place where any dangerous drug is administered, delivered, stored for illegal purposes,
distributed, sold or used in any form.
• Dispense. – any act of giving away, selling or distributing medicine or any dangerous drug with or without the use
of prescription.
• Drug Syndicate. – any organized group of two (2) or more persons forming or joining together with the intention of
committing any offense prescribed under this Act.
• Employee of Den, Dive or Resort. – the caretaker, helper, watchman, lookout, and other persons working in the
den, dive or resort.
• Financier. –person who pays for, raises or supplies money for, or underwrites any of the illegal activities.
• Illegal Trafficking. – the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled
precursor and essential chemical.
• Planting of Evidence. – The willful act by any person of maliciously and surreptitiously inserting, placing, adding or
attaching whatever quantity of any dangerous drug and/or controlled precursor and essential chemical.
• Practitioner – Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
• Protector/Coddle. – Any person who knowingly and willfully consents to the unlawful acts provided for in RA 9165.
• Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker.
• Screening Test. – A rapid test performed to establish potential/presumptive positive result.
• Sell. – Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for
money or any other consideration.

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE
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• Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines,
two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions
whether for money or any other consideration in violation of this Act.

• Use. – any act of injecting, consuming or introducing into the physiological system of the body, and of the
dangerous drugs
• GCMS-Gas Chromatography and Mass Spectrometry -- powerful separation technique use to analyze drug. Toxic
substance, explosive and unknown samples;
• Confinement- Refers to the residential treatment and rehabilitation of drug dependent personnel in the center;
• Rehabilitation- The dynamic process, including after-care and follow–up treatment of a drug dependent to enable
him/her to live without dangerous drugs.
Drug Classification According to the Effect on Central Nervous System:
Drug Effects
Depressant; Sedatives; Downers --------initial relaxation that leads to drowsiness and sleep
Stimulant; Uppers -------- increase alertness, activity and wakefulness
Hallucinogens; Psychedelics -------- impairs sensation, perception & thinking (bizarre effects)

DEPRESSANTS:
• Narcotics – relieves pain & induces sleep. AKA Opiates; Opioids
• Opium – mother drug; derived from Papaver Somniferum L.
• Morphine – most important alkaloid/ Friedrich Serturner
• Heroin – most potent depressant/Alder Wright/ diacetylmorphine --- to treat morphine dependence
• Codeine --- cough reliever / school boys / methylmorphine
• Methadone – synthetic drug – use to treat heroin addiction
• Barbiturates --- calmness & drowsiness
• Tranquilizer – relaxation & calmness
• Volatile Solvent – inhalants; gas or teardrops
• Alcohol – “King of all drugs”, most widely used and social accepted; most abused drug in the society
STIMULANTS:
• Cocaine – from Erythroxylon Coca; “The King’s Habit”/cracks; snow; most potent stimulant.
• Methamphetamine Hydrochloride – SHABU/Crystal Meth/Poorman’s Cocaine, most abused illegal drug in PH.
– main component is? –Ephedrine; derived from Ephedra plant – native in China.
▪ Shabu originated from what country? --- Japan
• MDMA – “Ecstasy” – designer drugs/ date-rape drugs
• Amphetamine – eye opener
HALLUCINOGENS:
• LSD --- Lysergic Acid Diethylamide – most potent hallucinogen / common as “ACID”/ from Claviceps Purpurea.
• Mescaline --- STP – Serenity-Tranquility-Peace / Peyote Cactus
• Psilocybin Drug --- Magic Mushroom/ from Psilocybe Mexicana --- psychedelic mushroom
• Phencyclidine --- PCP – anesthetic drug; animal tranquilizer; angels’ dust
• Cannabis Sativa L.--- Indian Hemp/Marijuana, “Sacred Tree” – most abused hallucinogenic drug in the PH.
▪ Its control is difficult because? – it is easy to cultivate.
▪ MJ – finger-like serrated leaves; Contains? --- THC or Tetrahydro-Cannabinol.
▪ “Assassins of the Youth”
Big Four (4) Drugs: (He-Co-Ma-Me) – most trafficked in global drug market
▪ Heroin
▪ Cocaine
▪ Marijuana
▪ Methamphetamine
*Drug trafficking, according to RA 9165, except? ---- Use, consumption, addiction and tolerance.
*A laboratory examination is only required to an apprehended offender within 24 hours if the person arrested has? 1)
Visible manifestation; 2) Physical signs 3) Physical symptoms; EXCEPT? --- Psychological signs.
* A person who is applying for Professional Driver’s license is required to undergo Mandatory Drug Testing? – Ans: No.
Mandatory drug testing – the compulsory submission of a client/donor/subject for drug testing as required by RA 9165
and by the agencies’ internal rules and regulations.
Random drug testing – refers to the test performed on personnel who are selected following no specific pattern and
without prior notice.

Sec. 36 -- Mandatory Drug Testing:

(a) Applicants for driver’s license (Repealed by RA 10586)
(b) Applicants for firearm’s license and for PTC-FOR
(c) Officers and members of the military, police and other law enforcement agencies.

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE
 AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY
(d) All persons charged before the prosecutor’s office with a criminal offense having an imposable penalty
of imprisonment of not less than six (6) years and one (1) day
(f) All candidates for public office whether appointed or elected both in the national or local government
shall undergo a mandatory drug test.

-- Random Drug Testing:

(1) Students of secondary and tertiary schools. —
(2) Officers and employees of public and private offices.

FIRE TECHNOLOGY & ARSON INVESTIGATION:

FIRE – active principle of burning characterized by light and noticeable heat.

3 Elements of fire = Fire Triangle:
1) Fuel – anything that will burn; most important element of fire
2) Oxygen – colorless/odorless gas; supports life (21% - average amount in the air; 16% - to sustain combustion)
3) Heat – source of ignition (N-M-E-C-S; Nuclear, Mechanical, Electrical, Chemical & Solar)
Method of Heat Transfer: C-C-R
1. Conduction – solid materials; direct contact.
2. Convection – fluid or vapor; liquid or gas.
3. Radiation – electro-magnetic wave; circulating medium; light
What is the 4th element? --- sustaining chemical reaction.
What happened to the amount of oxygen during fire? ---- decreases
Carbon Dioxide – not poisonous; Carbon Monoxide --- poisonous gas.
MANIFESTATION OF FIRE:
• Flame – incandescent gas / glowing-body of gases.
• Smoke – composed of gases & tiny solid particles called soot/lamp black.
• Heat – energy generated by fire
• Light – the illumination made by flame

Class of Fire According to Color/completeness of combustion: According to Smoothness:

Luminous – orange-red; deposit soot; low temp; incomplete combustion Laminar – steady; smooth flame
Non-Luminous – bluish-color; no soot; high temp; complete combustion Turbulent – unsteady; irregular flame

Method of Fire Extinguishment:

1. Starvation – removal of FUEL
2. Smothering – removal of oxygen
3. Quenching/Cooling – removal of heat
4. Inhibition – chemical reaction
Extinguishing Agents:
▪ Class A – water – most common quenching agent
▪ Class B – Foam (AFFF – aqueous film forming foam – 94% water 6% foam) CO2 – a) small fire, b)
substantial amount.
▪ Class C – CO2/Sand
▪ Class D – dry chemicals
* Using water on Class B? ---makes the fire worse
** using water on Class C? --- electrocution
***using water on Class D? --- explosion may occur.
CLASSIFICATIONS OF FIRE:
According to the Burning Fuel: According to Causes: (NAIU)
Class A – ordinary combustible materials; woods, paper, Natural/Providential – w/o direct human
fiber, plastics intervention
Class B – flammable liquids; gasoline, kerosine, thinner. Accidental – due to human error or
Class C – electrical appliances negligence
Class D – flammable metals; magnesium, lithium Incendiarism – fire was deliberately set, aka
Class E – flammable gases (obsolete) LPG, LNG intentional fire/arson
Class K – Kitchen fires Undetermined - cause is not proven
Stages of Fire Development:
1. Incipient stage/ Initial/Overheating – beginning of fire
2. Free Burning/ Flaming – the peak of fire; highest intensity; bursting into flame; oxygen is 21%
3. Smoldering Stage – the last stage; oxygen drops to 13%; backdraft may occur.
Color of Flame --- indicates fire intensity.
Color of Smoke --- indicates the fuel burning.

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE
 AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY
▪ Black – petroleum-based product (rubber, tire)
▪ Grayish – loosely packed substance (straw, hay, dried leaves)
▪ White – indicates phosphorous
▪ White-Steamed – humid substance burning
▪ Yellowish -- nitrate
▪ Biting Smoke – presence of chlorine
Factors Affecting Rate & Extent of Burning: (W-R-A-N-N)
a. Wind velocity and direction
b. Relative humidity, dryness of the materials and the absence of rain
c. Air temperature
d. Nature and condition of any vegetation surrounding the building.
e. Nature of the building construction, as presence of wood and drafts.
Basis and Extent of Criminal Liability in Arson (K-L-E-S)
a. Kind and character of the building
b. Location of the building
c. Extent of damage of value
d. State of being inhabited or not

PRIMA FACIE EVIDENCE OF ARSON (S-S-G-I-M-W-D) DESTRUCTIVE ARSON: R.T. maximum to

R.Perpetua
1. If the fire started simultaneously in more than one part of the 1. Any ammunition factory and other
building or establishment. establishment where explosives, inflammable or
2. If substantial amount of flammable substances or materials combustible materials are stored.
are stored within the building note necessary in the business of
the offender nor for household us. 2. Any archive, museum, whether public or
3. If gasoline, kerosene, petroleum or other flammable or private, or any edifice devoted to culture,
combustible substances or materials soaked therewith or education or social services.
containers thereof, or any mechanical, electrical, chemical, or
electronic contrivance designed to start a fire, or ashes or traces 3. Any church or place of worship or other
of any of the foregoing are found in the ruins or premises of the building where people usually assemble.
burned building or property.
4. If the building or property is insured for substantially more 4. Any train, airplane or any aircraft, vessel or
than its actual value at the time of the issuance of the policy. watercraft, or conveyance for transportation of
5. If during the lifetime of the corresponding fire insurance policy persons or property
more than two fires have occurred in the same or other premises
owned or under the control of the offender and/or insured. 4. Any building where evidence is kept for use in
6. If shortly before the fire, a substantial portion of the effects any legislative, judicial, administrative or other
insured and stored in a building or property had been withdrawn official proceedings.
from the premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was 5. Any hospital, hotel, dormitory, lodging house,
made before the fire in exchange for the desistance of the housing tenement, shopping center, public or
offender or for the safety of the person or property of the victim. private market, theater or movie house or any
similar place or building.

OTHER CASES OF ARSON: Rec. Temp to Rec. Perpetua SPECIAL AGGRAVATING OF ARSON (IBSS)
1. Any building used as offices of the government or any of its 1. If committed with intent to gain;
agencies; 2. If committed for the benefit of another;
2. Any inhabited house or dwelling; 3. If the offender is motivated by spite or
3. Any industrial establishment, shipyard, oil well or mine shaft, hatred towards the owner or occupant of
platform or tunnel; the property burned;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, 4. If committed by a syndicate.
bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.

Republic Act No. 9514 -- SECTION 3. Definition of Terms

• Abatement - act that would remove or neutralize a fire hazard.
• Administrator - acts as agent of the owner and manages the use of a building for him.
• Blasting Agent - used to set off explosives.
• Cellulose Nitrate or Nitro Cellulose - any highly combustible and explosive compound produced by the reaction of
nitric acid with a cellulose material.
• Cellulose Nitrate Plastic (Pyroxylin) – any plastic substance, materials or compound having cellulose nitrate (nitro
cellulose) as base.
• Combustible Flammable or Inflammable - materials that are easily set on fire.
• Combustible Fiber - readily ignitable and free burning fiber commonly used in commerce.
• Combustible Liquid - Any liquid having a flash point at or above 37.8°C (100 °F).

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE
 AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY
• Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain chemicals
(below 37.8°C)
• Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending below
the bottom chord of the roof trusses.
• Cryogenic - any material which produces a rapid drop in temperature of the immediate surroundings.
• Damper - open device installed inside air duct system which automatically closes to restrict the passage of smoke
or fire.
• Distillation - the process of first raising the temperature then cooling and condensing the resulting vapor so as to
produce a nearly purified substance.
• Duct System - continuous passageway for the transmission of air.
• Dust - a finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an
explosion.
• Electrical Arc/Arcing - an extremely hot luminous bridge formed by passage of an electric current across a space
between two conductors.
• Ember - a hot piece or lump that remains after a material has partially burned
• Finishes - final coating of a surface
• Fire - the active principle of burning
• Fire Trap - a building unsafe in case of fire
• Fire Alarm - any visual or audible signal
• Fire Door - a fire resistive door
• Fire Hazard - any condition or act which increases the probability of the occurrence of fire
• Fire Lane - the portion of a roadway or public-way that should be kept opened and unobstructed at all times for
the expedient operation of firefighting units.
• Fire Protective and Fire Safety Device - Any device intended for the protection of buildings or persons.
• Fire Safety Constructions - refers to design and installation or structure in order to minimize danger.
• Flash Point - minimum temperature at which any material gives off vapor in sufficient concentration to form an
ignitable mixture with air.
• Forging - A process where a piece of metal is heated prior to changing its shape or dimensions.
• Fulminate - A kind of stable explosive compound which explodes by percussion.
• Horizontal Exit - Passageway from one building to another or through or around a wall in approximately the same
floor level.
• Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored.
• Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected.
• Hypergolic Fuel - A rocket or liquid propellant which consist of combinations of fuels and oxidizers which ignite
spontaneously on contact with each other.
• Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical system.
• Occupancy - The purpose for which a building or portion thereof is used or intended to be used.
• Occupant - Any person actually occupying and using a building by virtue of a lease contract with the owner.
• Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily.
• Overloading - draw or consume electrical current beyond the designed capacity.
• Owner - The person who holds the legal right of possession or title to a building or real property.
• Oxidizing Material - A material that readily yields oxygen
• Public Assembly Building - any building or structure where fifty (50) or more people congregate, gather, or
assemble for any purpose.
• Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or
otherwise permanently appropriated for public use.
• Pyrophoric - any substance that ignites spontaneously when exposed to air.
• Self-closing Doors - automatic closing doors that are designed to confine smoke and heat and delay the spread of
fire.
• Smelting - melting or fusing of metallic ores or compounds so as to separate impurities from pure metals.
• Sprinkler System - An integrated network of hydraulically designed piping installed in a building which
automatically discharges water when activated by heat or combustion products from a fire.
• Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each floor.
• Vestibule - A passage hall or antechamber between the outer doors and the interior parts of a house or building.
• Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as well as from the base to
the top of the building.

CONGRATULATIONS RCRIMs!!!

AIM*HIGH REVIEW CENTER FOR CRIMINOLOGY---MEMORY AID ON C.D.I. ---SIR ART BURCE