Criminal Investigation Manual

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J.

INVESTIGATION OF BOMBING

A. Explosive Investigation.

1. Preliminary Remarks

Investigation of this nature calls for the full use of ingenuity,


investigative resourcefulness and scientific crime detection methods.

2. Interview and interrogation.

a. All persons identified to be at the scene on arrival of the


police and who might have witnessed the explosion should be
interviewed.
b. Interviews must cover indications of suspicious activity as
well as facts of the explosion itself, namely:

i. Sound of the explosion;


ii. Force of the explosion and its direction;
iii. Color of the smoke;
iv. Color of the flame; and
v. Odor of the gases produced.

c. Determine the avenues of approach to and retreat from the


area where the bomb exploded. Explore these avenues for
evidence.
d. Mount a saturation interview of all persons who might have
notice something bearing on the bomb explosion.
e. Photographs of potential bombers should be shown to
persons who had the opportunity to see activities in the bomb
area before the immediately after the explosion.

3. Follow-up Police Activity:

a. Account for the whereabouts of suspect at the time of the


bombing and immediately prior and subsequent thereto.
Informants are useful in this.
b. Start tracing any physical evidence found at the crime scene
– for example, dynamite wrappings, pieces of pipe, electrical
devices, pieces of fuse and similar materials. Use of experts
(whenever available) in searching the crime scene in best since
they can recognize potential evidence more quickly and may be
able to make investigative suggestions from what they see at the
scene.
c. After experts have determined the type of explosive used,
contact users and suppliers of this particular type for aid in
determining the source of the explosive used. Consider also the
possibility that the explosives were stolen.

4. Motive.

This is very important in selecting suspects. Consider such


traditional circumstances as:

a. Evidence of motive
b. Evidence of plan, design or scheme.
c. Evidence of ability and opportunity to commit crime.
d. Evidence of possession of the means for a bombing
e. Evidence of flight after the explosion
f. Evidence of lying, attempts to influence potential
witnesses, faking an alibi, destruction of potential evidence, and
other indications of a consciousness of guilt.
g. Consider the possibility that the victim had the bombing done
for his own benefit – publicity, sympathy, insurance, marital
problem, etc.
h. Consider the possibility that a “hate” organization is involved
regardless of whether the group is large or small, adult or juvenile.
i. Do not concentrate all of your time on one suspect.

5. Explosives Investigation Guide.

a. TEAM LEADER

i. Select and assemble personnel and equipment


and coordinate with other offices.
ii. Conduct scene overview.
iii. Determine and establish scene integrity,
security and safety.
iv. Establish command post and media control
v. Conduct scene walk-through with explosives
technician and forensic chemist.
vi. Coordinate all personnel and search patterns
vii. Assign Immediate Area Search and
Investigative units.
viii. Assign General Area Search and Investigative
units.
ix. Manage, evaluate and finalize search and
investigative actions.
x. Conduct final scene evaluation conferences.

b. PHOTOGRAPHER
i. Select and assemble equipment
ii. Photograph immediate and general area
including victims, crowd and vehicles.
iii. Photograph team operations.
iv. Photograph blast seat and damage
showing measurements.
v. Photograph evidence as found
vi. Photograph immediate and general area
from aerial perspective
vii. Take scene reconstruction photographic
series
viii. Photographs blueprints, maps and
previous photos of the scene, if necessary.
ix. Photograph known or potential
suspects.
x. Identify additional photographic needs
with all scene investigators.

c. Evidence Technician

i. Select, assemble and distribute


collection equipment to search team members.
ii. Prepare evidence control log and
set up evidence collection points.
iii. Coordinate and control evidence
collection techniques and procedures
iv. Record the receipt of all properly
marked and packaged evidence from search teams on the
evidence control log.
v. Categorize collected evidence.
vi. Maintain custody and control of
collected evidence at the scene.
vii. Coordinate with the team leader
and other investigators.
viii. Verify collected evidence with
evidence control log before departing the scene.
ix. Document the chain of custody
and provide temporary storage
x. Prepare laboratory analysis
requests and transmit evidence to the laboratory.

d. SCHEMATIC ARTIST

i. Select and assemble


equipment.
ii. Diagram immediate blast
area
iii. Diagram general are
iv. Identify evidence found by
indicting the assigned evidence numbers on the evidence
control sketch showing the location where found.
v. Show necessary
measurements of heights, lengths and widths
vi. Make artist’s conception of
the scene prior to the blast with the help of witnesses, showing
how furniture was arranged or how the structure was before
the explosion.
vii. Prepare a legend on the
diagrams
viii. Inventory collected
evidence with the evidence technician and ensure that tall
evidence is noted on the control sketch
ix. Properly mark and identify
the evidence control sketch and other diagrams for proper
court pre-senta-tion.

e. IMMEDIATE AREA INVESTIGATIVE UNIT

i. Select and
assemble investigative equipment
ii. Interview local
officers, firemen and all possible witnesses at the scene
iii. Determine the
owner of the property, the victim of the explosion, and if any
person were injured in the blast
iv. Obtain names of
any persons who are normally on the premises, such s
employees, watchmen of janitors.
v. Provide the names
and locations of all persons or groups who should be
interviewed to the General Area Investigation Unit. This list
will include the injured persons who ere taken to a hospital or
rescue workers who have departed from the scene.
vi. Identify all persons
at the explosion scene and coordinate with the photographer
to film the crowd and vehicles in immediate and general areas.
vii. Record description
and time of sounds, color of smoke and any odors noticed by
witnesses.
viii. Question the
witnesses and record facts pertaining to the general activity at
the scene prior to the explosion
ix. Question the
witnesses and record facts pertaining to anything unusual
about the activity or any facts concerning unidentified
packages, items, persons, or vehicles.
x. Reconstruct the
immediate area activity and coordinate with the team leader
and other investigators.

f. IMMEDIATE ARE SEARCH UNIT.

i. Select and assemble equipment


ii. Stay alert for structural hazards, secondary devices and
entrapment devices, before and after entering blast area.
iii. Locate seat explosion or point of fire origin
iv. Coordinate with schematic artist and photographer before
disturbing the crater or immediate blast area
v. Measure and record the size, depth and shape of the crater
of damage
vi. Collect samples from the blast seat and retain necessary
control samples.
vii. Search and sift the seat of the explosion for device
components
viii. Divide the immediate area into a search pattern and make a
methodical search. Search from the seat of the explosion to
an expanded area that overlaps with the general area search
unit.
ix. Individually record and package evidence found and follow
routine procedure with the photographer, schematic artist, and
the evidence technician
x. Reconstruct the immediate area scene and coordinate with
the team leader and other investigators.

g. GENERAL AREA SEARCH UNIT

i. Search and assemble equipment and coordinate search


pattern
ii. Stay alert for structural hazards, secondary and entrapment
devices.
iii. Check all surrounding buildings, vehicles and objects for
damage by missiles form the explosion and mark these
locations for the photographer and the schematic artist
iv. Search the area of ingress and egress for associative
evidence such as footprints, tire tracks, torn clothing, blood,
hair, fingerprints or other evidence that may relate to
suspect(s)
v. Search the area for evidence from the explosion
vi. Search rooftops and trees or other high places that may
have caught debris from the explosion. Document blast
effect and glass breakage in surrounding area.
vii. Determine the extent of the outer perimeter of thrown
missiles and evidence. Indicate this finding to the schematic
artist, photographer and the explosives technician
viii.Adjust the outer perimeter of the search pattern as
necessary.
ix. Individually record and package the evidence found.
Coordinate this with the evidence technician, schematic
artist and photographer.
x. Reconstruct the general area scene and coordinate with the
team leader and other investigators.

h. GENERAL AREA INVESTIGATIVE UNIT

i. Select and assemble investigative equipment


ii. Review maps and evaluate ingress and agrees and select a
methodical pattern for canvassing the area.
iii. Determine the possibility of deliverymen being in the area
and make a list other names and addresses for follow-up
interviews
iv. Canvass the neighborhood for witnesses
v. Canvass business premises that may be related to ingress
and agrees, such as all-night service stations, cafes,
fastfood restaurants, etc.
vi. Prepare a suspect list with necessary facts relating to the
investigation.
vii. Record descriptions of suspects, suspect vehicles, and
suspect premises for future use.
viii.Check sources of device components/materials recovered at
the crime scene
ix. Follow team leader assignments as developed from the
scene and make overall evaluation from conferences
x. Maintain communication with the team leader and coordinate
with other investigators.

i. FORENSIC CHEMIST

i. Select and assemble equipment


ii. Conduct preliminary walk-through of the scene
with explosives technician and team leader
iii. Assist team leader in evaluating the situation
and discuss the method of approach
iv. Assist general area search unit
v. Assist Immediate Area Search Unit.
vi. Coordinate with national and local laboratory
personnel as appropriate.
vii. Act as technical adviser for all laboratory
oriented questions arising at the scene.
viii. Conduct field test where appropriate.
ix. Assist the evidence technician and team leader
in the evaluation of collected evidence.
x. Assist the evidence technician with proper
packaging for submission to the laboratory.

j. EXPLOSIVES TECHNICIAN

i. Select and assemble equipment


ii. Accompany team leader on walk-through to provide a
technical evaluation and assessment of the fire/explosion
scene
iii. Establish scene parameters
iv. Identify seat of explosion or point of fire origin
v. Assist the general and immediate area search units.
vi. Technically evaluate investigative information and recovered
materials
vii. Determine whether the incident was criminal or accidental
viii.Reconstruct the sequence of occurrence and physical
evidence
ix. Provide technical briefings
x. Prepare statement regarding technical determination.

B. Safety precautions for the Handling of Home-Made Bombs

1. Preliminary Statement

Upon the discovery of a bomb or a suspected bomb, the


function of the private citizen should ordinarily be limited to warning
all persons in the bomb area and notifying the proper authorities

The problem presented to the law enforcement officer is


much more difficult he is concerned both with the protection of
human life and property, and with the removal of the bomb menace
and subsequent investigation to establish the identity of the
perpetrator. However, the primary importance of human life,
including his own, should be the controlling factor in his efforts to
dispose of the bomb.
No person other than a trained explosive expert should
attempt to dismantle a suspected bomb.

2. Initial Steps

a. Clear the danger area of all occupants.


b. Get the services of an explosives expert.
c. Avoid moving any article or object which may be
connected with the bomb or act as trigger mechanism
d. Establish an organized guard outside the danger area.
e. Shut off power, gas and fuel lines leading to the danger
area
f. Remove flammable materials from the surrounding area
g. Notify the local fire department and rescue squads
h. Arrange for stand-by medical aid
i. Obtain mattresses, sandbags, other similar baffle
devices for protection against flying fragments.
j. Check and have available fire-extinguishing equipment
k. Arrange for use of portable x-ray equipment if the use
of such is deemed advisable by the explosive expert.

3. Control Action.

a. A suspected bomb should be dealt with the fullest


possible measure of control before attempts to disable it are
made.
b. If the bomb explodes, reduce the effects of the
explosion by practicable ways such as the use of sandbags and
mattresses

NOTE: Light metal portable shields are of little value.

c. Sandbags should be used to surround but not cover the


bomb to direct the force upward and downward rather than
laterally over adjacent areas. If piled between the bomb and
valuable items or critical points, it wound afford some protection
and should received some consideration
d. Place barricades over the bomb (depending upon
circumstances) to direct the force downward, thus lessening the
force in other directions.
4. Disposal

a. Disposal may be considered after appropriate control


action has been taken.
b. Destroy the bomb where it is found rather than risk the
danger of moving it . this course of action is especially
recommended if relatively little property damage would result.
c. Explode or break apart, by rifle fire from behind a
barricade at a safe distance, the package containing the bomb
or suspected bomb.
d. Burn or explode the package, where rifle fire is not
advisable, by placing kerosene-soaked rags or paper round it
and igniting the rags or paper.
e. Withdraw at a safe distance from the bomb after the
rags of papers have been ignited.

5. Moving the Bomb

When it is deemed advisable to remove the bomb rather


than explode or burn it where it is, a number of factors should be
considered. It must first be determined, as much as possible,
whether the bomb is a TIME or TRIGGER bomb.

a. Time bomb explodes automatically at a preset time.

i. It is activated by a clock mechanism though it may be set off


by some chemical delay device.
ii. It is seldom sent through the mail, though this possibility
does exist.
iii. It may be directed against either persons or property.
iv. Not all time bombs contain clock mechanisms.
v. If a mechanism is used, it may be detected by placing a
microphone, preferably of the contact type, against the
package and listening with the aid of an amplifier place some
distance from the bomb.

b. Trigger bomb may be set of by –

i. Picking it up;
ii. Inverting it;
iii. Stepping on it;
iv. Opening the lid; or
v. Some other similar natural acts involving movements of the
bomb or a part of it.
NOTE: Trigger bombs are usually directed against persons
rather than property. If the bomb in question is determined
to be one of trigger-type operating, for example, when the lid
of the package containing the bomb is raised, the bomb can
be transported with comparative safety to open country to be
destroyed. A suspicious package, however, may be
examined by X-ray by manipulating the x-ray equipment into
place form a distance and from behind protecting mattress.

c. Open-type bomb

i. Makes no effort to conceal its nature, such as sticks of


dynamite tied or taped together, fitted with a safety fuse and
blasting cap; a short piece of pipe loaded with an explosive
substance capped at both ends with a piece of safety fuse
protruding from a hole through one of the capped ends.
ii. Can be activated by attaching the electric blasting cap leg
wires to an electric current, if the safety fuse and blasting
caps in either or both are replaced with an electric detonator.
iii. Sources of current for setting off an electric blasting cap
include ordinary house current, a telephone, buzzer, bell or
flashlight batteries.
iv. Usually place or thrown
v. Cannot be sent by mail or express
vi. Directed against property rather than persons
vii. To deal with an open-type bomb, most safety fuses cannot
be extinguished by water or by stamping but must be
severed ahead of the progress of burning. The burning is
detected by a discoloration of the fuse.
viii.U.S. – manufactured safety fuses normally burn at the rate
of 90 to 120 seconds per yard
ix. Sever the safety fuse well ahead of the progress of burning
to render the bomb inactive
x. Though successful in cutting or removing the safety fuse (the
bomb itself should be treated as an active one), explosives
experts should be called to dismantle the bomb and render if
safe to handle.

d. Conceal or disguised bombs

i. Generally activated by time delay device or by trigger


mechanisms
ii. Any conceivable object of practicable size can be used to
disguise a bomb e.g., gift packages, cigar boxes, food
containers – an infinite number of items.
iii. Directed principally against persons
iv. Should be handled by explosives experts.

6. Types of Explosives Used in the Construction of Home-Made


Bombs.

a. Low-order explosives.

i. Black powder
ii. Smokeless powder
iii. Volatile vapors

NOTE: These must be ignited by heat, frictions or spark

b. High-order explosives.

i. Various grades of dynamite


ii. Blasting gelatin

NOTE: It is necessary to detonate high explosives with a


blasting cap to which a fuse is attached or by an electric
detonator. When detonated, the explosive wave produces a
high degree of fragmentation.

REMINDER: Only technical personnel fully acquainted with


explosive devices should be allowed to HANDLE, DISMANTLE
and DESTROY.

K. ROBBERY, THEFT AND CARNAPPING

1. Robbery (Hold-up)

a. Place of occurrence
b. Time of occurrence – how was the holdup committed?
(Report might be fake or simulated)
c. Number of participants in the holdup

 Number of suspects
 Number of victims

d. Physical descriptions of suspects (Identify by number, e.g.,


Suspect No. 1 No. 2, etc)
e. Injuries sustained by victims(s), if any
f. Common expressions uttered by suspect(s), diction,
intonation, manner of speech-lisping, talking through the nose, etc.
g. Number and description of weapons used – firearms, bladed
or blunt instruments.
h. If victim was taken with a motor vehicles, what was the route
taken by the getaway vehicle and where was the victim
subsequently released?
i. Description of suspect’s motor vehicle, if any
j. Complete description (secure copy registration papers) of
victim’s motor vehicle.
k. Other personal effects or articles taken by suspects aside
from the motor vehicle.
l. Witnesses to the robbery (hold-up)
m. “Carnapper” who take the victim with the motor vehicle
sometimes carry on a conversation with the victim before dumping
him in an isolated place, in this conversation, he sometimes give
hints to the victim on where the latter could pursue should he later
decide top pay ransom for the car.
n. Some gangs of “carnappers” have their own modus operandi
in committing a holdup. Some have a favorite dumping place for
their victims, e.g., Sucat Road, the Alabang-Zapote Road for
carnappers based in Cavite; isolated places in San Jan and
Mandaluyong for cranppers based in Pampanga (San Fernando,
Macabebe, Angeles, Guagua, Mablacat) and Bulacan (San Miguel,
Plaridel, Baliwag, Obando) and Nueva Ecija (Sta Rosa, Gapan,
Cabanatuan); the dark service road of the South Super Highway
(for carnappers based in Cavite and Rizal, Laguna and Batangas);
etc.

2. Theft and Robbery With Force Upon Things.

a. Purpose: Identifies and apprehend the offenders and


recover as much stolen property as possible.
b. Considerations:

i. Determine the method of approach


ii. Reconstruct the offender’s activities at the scene
iii. Find out if there were attempts to destroy evidence of
conceal the offense
iv. Gather evidence on the type of transportation used.
v. Gather evidence to determine the method and route of exit
and flight. This may provide leads to the offender.

3. Carnapping

a. What is meant by the term “carnapping”? How is it


committed?

“Carnapping” 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 thins (Sec 2, RA 6539)

b. What are the elements of carnapping?

i. Unlawful taking
ii. Intent to gain
iii. Motor vehicle belonging to another
iv. Lack of owner’s content
v. Use of violence against or intimidation of persons, or force
upon things.

c. What is a motor vehicle?

“Motor vehicle” is any vehicle propelled by means other than


muscular power using the public highways, but excepting rollers,
trolley cars, street sweepers, sprinklers, lawnmowers, bulldozers,
graders, forklifts, amphibian trucks and cranes if not used on public
highways; also, vehicles which run only on rails or tracks, and
tractors, trailers and traction engines of all kinds used exclusively
for agricultural purposes. Trailers having any number of wheels,
when propelled or intended to be propelled by attachments to any
motor vehicle, shall be classified as separate motor vehicles with
no power rating. (Sec 2, RA 6539)

d. How can one detect a stolen motor vehicle?

i. No license plate number


ii. Sporting improvised plate.
iii. If the vehicle appears to be abandoned
iv. Sporting a fake license plate or stickers
v. Having no sticker for the current year
vi. If the vehicle appears to be haphazardly painted.
vii. If the plate number foes not correspond with the year/model
of the vehicle.

e. What are the possible signs of fraud in transactions relating


to the transfer of motor vehicles?

The following are the possible signs of such fraud:

i. When the seller offers to register the motor vehicle in behalf


of the buyer.
ii. When the price is inconceivably below the prevailing market
price.
iii. If the seller cannot present original copies of supporting
documents, i.e. CR, OR, Deed of Sale, regarding his ownership
of the motor vehicle
iv. Obviously falsified supporting documents.
v. If the sale is through a third party rather than the actual
owner appearing in the CR.

f. How does one obtain a motor vehicle clearance?

Applicants for clearance are required to bring the vehicle desired to


be cleared to TMG Headquarters in the regions/ provinces for
stenciling/ macro-etching of its motor/ chassis numbers. At the
same time, the applicant must present the following.

a) Clearance for Transfer of Ownership:

i. Xerox copies of the vehicle’s Certificate of Registration


ii. Deed of Sale
iii. If the vehicle is covered by an existing mortgage, a Xerox
copy of the Chattel Mortgage release or, in the proper case,
the deed of sale with assumption of the mortgage obligation
which must bear the conformity of the mortgagee.

b) Clearance for original registration:

i. Xerox copy of the Dealer’s Receipt


ii. Xerox copy of the LTO Certificate of Dealer’s Report

c) Clearance for change of motor/chassis/color:

i. Xerox copy of the vehicle’s CR and latest OR of Payment of


LTO fees
ii. Affidavit stating the change of motor/ chassis/ color and the
circumstances thereof.

d) Clearance to rebuild/ assemble:

i. Affidavit stating the circumstances of rebuilding/ assembling


of a unit from knock down parts.
ii. Dealer’s Receipt of all parts involved.
iii. The LTO’s Certificate of Dealer’s Report to LTO covering
the chassis/ engine.

4. (Qualified) Theft of Motor Vehicles. Consider the following:


a) where the motor vehicle was stolen
b) Time when it was parked.
c) Time the car theft was discovered
d) How was the car possibly taken?
e) Complete description of car. (get the registration papers, if
possible.)
f) If car was stolen from residence, look for footprints, tire
marks of vehicle used by suspects, tools or implements left behind.

5. Follow-up Investigation

a) Surveillance of known fences and car repair shops, and


exchanges known to be storage places for stolen (carnapped)
vehicles.
b) Identification of the suspect (s) by victim form mug shots in
your rogue’s gallery or those being kept by other agencies.
c) Gathering of information from informers and informants
about past, present, and future activities and plans of known
carnappers and carnapping gangs; number of carnappers
belonging to the gang, and their names, aliases, physical
descriptions, weaknesses (drug-addicts, fondness for a certain type
of gun, fondness for alcoholic drinks and beverages, etc.) their
hang-outs (clubs, barbecue plazas, cafeteria, etc.)
d) Gathering of information of favorite storage places and
garage of carnappers and carnapping gangs.
e) Follow-up investigation of recovered cars and other motor
vehicles:

i. Check registration papers, deeds of sale and other papers


(Customs records if car is imported) concerning the recovered
car presented by the possessor of the car with the LTO, etc
ii. Request Forensic Chemistry Division to have the motor and
chassis numbers and paints examined (to find out whether
motor and chassis numbers have been tampered with and
whether it was repainted, and if so, for their restoration and
determination of the original color)
iii. If engine and chassis numbers have not been tampered
with, trace the owner from whom the said car was carnapped or
stolen
iv. Request the owner to present his papers of ownership and
conduct an interview as to the circumstances of the loss; take
sworn statement, show mug shots of the suspect or present the
suspects themselves if they have been arrested; include in the
interview questions as to whether the victim has means of
identifying the motor vehicle other than through the motor and
chassis numbers.
v. If motor and chassis numbers have been tampered with,
bring the motor vehicle to the plant of the company which
assembled the vehicle to identify the owner by secret numbers
the plant has placed in the car.
vi. If the owner has been identified by this method and by going
through the records in the office of the car company, contact the
owner, bring him to the office and follow the procedure above.
vii. Interview the possessor as the person(s) form whom he
acquired the motor vehicle recovered from him
viii. Trace this person(s) for questioning and investigation
ix. If suspect(s) have been arrested, question them regarding
the five “Ws” and one “H” not only regarding the recovered car
but also past robberies or thefts committed by them; question
them also on their knowledge of other carnappers and gangs of
carnappers their areas of operation, physical descriptions,
names, aliases, hangouts, residence, Etc.
x. Check the records of arrested suspects.

Motor Vehicle Accident Investigation (Major Accidents)

A. Traffic Accident Investigation

1. Traffic Accident Investigation

Determine WHAT happened, WHO and WHAT was involved, HOW


and WHY the accident occurred, and WHERE it happened.

2. What is a Traffic Accident?

It is an occurrence in a sequence of events which usually produces


unintended injury, death, or property damage.

3. Motor Vehicle Traffic Accident.

Any motor vehicle accident occurring on a not-traffic way – the


ordinary collision between automobiles not on a street, road or
highway.

4. Motor Vehicle Non-Traffic Accident

Any motor vehicle accident occurring on a non-traffic way – the


ordinary collision between automobiles not on a street, road or
highway.

5. Non-Motor Vehicle Traffic Accident.


Any accident occurring on a trafficway, involving a person using the
trafficway for travel or transportation, but not involving a motor vehicle
in motion collision between a pedestrian and bicyclist on a sidewalk,
for example.

6. Motor Vehicle Accident.

Any event that result in unintended injury or property damage


attributable directly or indirectly to the motion of a motor vehicle or its
load. Included are accidental injury from inhalation of exhaust gas-fire,
explosion, discharge of firearm within the motor vehicle when due to
motion of the vehicle and railroad train. Excluded are collision of motor
vehicle with an aircraft of watercraft in motion, injury or damage due to
cataclysm, and injury of damage while a motor vehicle not under its
own power is being loaded on or unloaded from another conveyance.

7. Direct Causes of Vehicular Traffic Accidents:

a. Speed
b. Driver (attitude or behavior)
c. Vehicular malfunctions
d. Road conditions
e. Road hazards
f. Perception factors.

8. Preliminary Actions

a) When the officer receives the call:

i. When and where the accident occurred.


ii. How serious were the injuries
iii. Need for ambulance and other equipment
iv. Name and address of the person reporting. He may be an
important witness.
v. Who witnessed the accident?
vi. Is there a traffic block?
vii. Arrange for help, if needed – e.g., firetrucks, etc.

b) Drive safely in going to the accident scene. Be alert for cars


leaving the scene. It might turn out to be a hit-and-run case.

9. Duty of a Police Officer in Time of Traffic Accident.


a) Protect life and property

i. Render whatever aid is necessary to the injured persons.


ii. Take steps to prevent further destruction (like fire and other
hazards).
iii. Place warning devices in both directions.
iv. Park the police car safely
v. Get all the names of persons present. In case of loss of
property belongings to the injured or dead, you might need
these persons to may protect the good name of the PNP.

b) Protect the accident scene.

i. Prevent physical evidence from being lost or destroyed


ii. Photograph should be taken before the physical evidence is
removed.
iii. First things first. Location and position can be marked off
first and measurements taken later.

c) Protect other properties.


d) Determine the cause of the accident.

i. Determine why it has occurred


ii. Determine the time and date of the accident
iii. Examine the physical evidence
iv. Reconcile conflicting situations
v. Determine the conclusion derived from physical evidence
vi. Identify evidence regarding the behavior of individual drivers
vii. Determine the responsibility of BOTH drivers.

e) Locate drivers and witnesses.

i. Get driver’s licenses.


ii. Get the names and other details concerning persons who
might have witnessed the accident. Start with the ones who
appear to know something of the accident
iii. If the drivers are at the scene of the accident, make it a point
to separate them.

f) Interview drivers and witnesses.

i. Conduct each interview separately


ii. Do not make conclusions as to the responsibility in the
presence of drivers and witnesses.
iii. Be alert for switches between driver and passenger.
g) Take measurements and make diagrams and sketches
h) Identify the precise location where the accident occurred
i) Obtain equipment to remove damaged vehicle
j) Evaluate physical evidence
k) Check the road and vehicle conditions

i. Carefully examine road signs, signals, marking, and other


traffic control devices.
ii. Examine all moving parts of the vehicle

l) Make conclusions on the validity of statements.


m) After leaving the accident scene:

i. Interview the injured at the hospital


ii. Get the medical report of the injured persons
iii. Steps should be started to notify the relatives of all injured
persons.

n) Action against vilators

i. Re-examine and assess the evidence


ii. Is your course of action supported by evidence?
iii. Consider the advisability of consulting your superior officers
in assessing evidence and deciding on the most appropriate
course of action.

o) Initiate action on the evidence and file the charges


p) Prepare the report.

B. Calculating Speeds From Skidmarks

1. Skidmarks as Evidence in Accident Cases.

This is useful in several ways other than as indication of the


vehicle’s speed.

a. it will show if the vehicle was traveling in the wrong


direction or on the wrong side of the road.
b. It will indicate if the driver failed to observe the right of
way
c. It will also show if the driver did not obey a traffic
signal

2. Procedure Followed by the PNP


a. The officer submits as evidence in a case the
measurements of the Skidmarks and the Court interprets the facts
in the light of other evidence.

i. Some courts require the assistance of an expert


ii. Measurements should be accomplished by two men.
iii. Sketches and photographs with measurements indicated
should be made soon after the accident.

b. Some Police Departments have their officers skid a


vehicle to stop form the legal speed limit, if this can be done safely,
and compare Skidmarks with those in the accident.
c. Some would draw conclusions from tests based on
physical calculation.

3. Measurement of Skidmarks.

a. Should meet legal standards. Officer measuring the


skidmarks and the distances to embankment or other fixed
constructions should verify teach other’s measurements so that
they can corroborate each others/s testimony in court.
b. Evidence should be presented to show that the
skidmarks were made by the suspect car.
c. Witnesses should testify in court.

4. Basic Principles in Calculating Speeds from Skidmarks

Energy and vehicle speeds. An automobile moving at any speed


possesses energy. As the speed of the vehicle increases, the resulting
energy developed is said to increase as the square of the ratio of the
increase in speed.

Examples:

20 kph = 40
30 kph = 90
40 kph = 160

5. Stopping a Motor Vehicle

Whenever a moving vehicle is stopped, the energy which it


possesses at that time must be expended or spent. It is only when
most or all of the vehicle’s energy is expended through skidding of tires
that a fairly accurate calculation may be made of the vehicle’s speed
before the accident.
6. Skidmarks

The sudden application of brakes which results in the locked wheel


condition places such a great pressure between the brake shoe and
the brake drum that the frictional force at this point becomes greater
than the frictional force between the tire and the road surface. When
this condition exists, the wheels skid.

7. Coefficient of Friction – Drag Factor

It is the measurement of the maximum frictional resistance of


pavements. It is equal to the force exerted when the wheels are
skidding divided by the weight of the car.

FS = Test-speed squared
30 x braking distance
where “30” is the gravitational constant in miles per hour:
(Transformation of feet per second to miles per hour)

8. Reaction Time

This is the distance traveled before applying the brakes.

a. Dived seconds in an hour (3,600) into feet in a mile


(5,280) = 1.467
b. To determine distance you will travel in one second,
multiply 1.467 (1.47 or 1.5) times the speed at which you are
traveling.
c. Time to get foot off the accelerator and slam it on
the brake is ¾ of second on the average. The age of the driver
should be considered.
d. 1.5 x speed = length in feet covered before brake
works for you.

9. Test Runs.

In making calculation for speeds from skidmarks, it is often


necessary to conduct one or more test runs, using the vehicle involved
in the accident or, if it cannot be driven, another vehicle of similar
characteristics may be used.

a. Conditions should be the same as those existing


when the accident occurred. The character of the road, whether
wet or dry , should be the same.
b. Conduct tests on the same and road surface and in
the same direction
c. The vehicle’s speedometer should be checked, and
any difference form accurate calibrations should be noted.
d. A speed consistent with safety, such as 20 or 30
miles per hour, should be selected for the test run
e. Brakes should be applied suddenly and as hard as
possible when the car is moving at the selected test speed.
f. The length of each skidmark should be measured.
g. If a brake detonator is available, the total raking
distance should be accurately determined using such equipment,
either mechanically or electrically operated.
h. Generally, it is advisable to conduct two or three tests
at the selected speed. The test producing the longest braking
distance, that which favors the defendant most, is generally used in
the calculation.
i. To avoid possible differences in the application of
brakes by the driver, it may be advisable to have the driver of the
accident vehicle drive the car in the test runs.

10. Speed Calculations.

a. When a vehicle is stopped solely by skidding, it is


possible to calculate the speed of the vehicle at the beginning of
the skid by using the formula based on the principle that he
skidding or braking distances vary as the square of the speed.

2
S m (Unknown accident speed) = D (Advantage length
2 of accident skids)
s
d (Test braking distance)

Minimum accident speed is equal to the speed of the car in


the test run times square root of the number obtained by dividing
the average length of the accident skidmarks by the total braking
distance in the test run.

For probable speed, use test skidmarks instead of test


braking distance, employing the same formula above.

b. When accident vehicle cannot be driven.

When the vehicle is damaged so badly that it cannot be


driven, part of the vehicle’s energy is expended in damaging the car
and the object struck. A calculation of speed from skidmarks left
under these circumstance gives s peed based only on the amount
of energy expended in the skidding. Consequently, the resulting
speed value may be considerably less than the actual pre-accident
speed, since it is not possible to determine how much farther the
vehicle would have skidded had there been no collision.

HIT-AND-RUN ACCIDENT INVESTIGATION

1. Elements of Hit-and-Run

a. You must prove suspect was driving the


vehicle at the time of the accident. Even if you have witnesses to
prove this, get evidence to corroborate it.
b. Suspect was involved in an accident resulting
in death, personal injury or damage to property
c. Suspect failed to stop, give aid or information
as to his identity to other person(s) involved, to police or to anyone
at the accident scene; or failed to the take reasonable steps to
notify the owner of damaged property other than a vehicle. Do not
overlook the possibility of a simulated second accident to explain
damage caused by the first accident.
d. Suspect had knowledge of the accident.

i. Physical evidence may prove the vehicle figured in the


accident
ii. Extent of damage to vehicle. Extensive damage to vehicle
would preclude allegation of lack of knowledge. If suspect
refrained form using his vehicle for several days since the
accident, this would also indicate guilt.
iii. Guard against claims that the vehicle was stolen to evade
responsibility.
iv.

2. Classes of Hit-and-Run Drivers:

a. Drunk drivers
b. Criminals fleeing from the scene of the crime.
c. Improperly licensed drivers, or drives with no
license or with revoked or expired license.
d. Drivers who fear publicity and prosecution.
e. Ignorance of the accident
f. Insurance or financial reason
g. Driver who flees in panic
h. Drug addicts
i. Juveniles

3. Preliminary Steps

a. (Refer to checklist on Accident Investigation)


b. Obtain the best possible descriptions of the car
and driver.

i. A good description may be obtained from partial descriptions


given by witnesses.
ii. Get the license plate and any unusual features of the vehicle
iii. Concentrate on the car’s description first.
iv. Dispatch initial description and all subsequent information to
the Headquarters and to police agencies that may assist in
spotting and stopping the suspect vehicle.
v. Broadcast descriptions of the suspect car and driver to all
police units and offices
vi. Try to determine the damage to the fleeing car.

c. Appeal for information through local


newspapers, radio, TV, etc.
d. Carefully search the hit-and-run scene for
physical evidence.

i. These may include broken glasses and fragments, hubcaps,


pint scrapings from hit-and-run car, other evidence such as dirt
from subject car, radiator, ornament, etc.
ii. Carefully preserve and protect all evidence found at the
scene.
iii. Request laboratory study of evidence (Refer to Scientific
Aids in Criminal Investigation)
iv. Watch out for the possible of the hit-and-run driver to the
scene of the accident. This has been known to happen.

e. The victim

i. Check his clothing; other parts of his body; tire marks,


grease, paint chips, fragments, and such things that might have
been left on him by the suspect car.
ii. If the victim is killed, get samples of uncontaminated blood
from him at the morgue and samples of hair, skin, etc.
iii. Collect and preserve for laboratory examination the clothes,
shoes, and other items he was wearing at the time of the
accident.

4. Follow-up Investigation.
a. Interview person living along the route taken
by the hit-and-run driver; also operators of filling stations and
garages.
b. Canvass parking lots and other filling station
and garages
c. Return to the accident scene at the same time
on subsequent days and on the same day of the following weeks to
obtain additional witnesses such as delivery men operating on
schedule routes.
d. Follow up phone calls to garages and dealers
of auto parts.
e. Continue appealing for information through the
press, radio and TV

5. Search for Suspect Car.

a. Look for physical evidence, such as latent


fingerprints, pieces of clothing, marks, damaged parts, dirt, hair,
blood, etc. which will identify the car as that involved in the hit-and-
run accident.
b. Search the undercarriage of the suspect car.
Determine also if there is indication of disturbance in the grease or
dirt adhering to it.
c. Make a careful investigation for replaced parts.

6. Interview of Suspect.

a. Obtain s signed statement if you can


b. Get a full account of suspect’s whereabouts
and write it down just in case he refutes it later.
c. Approach and apprehend the driver of the
suspect car as soon as his identity and whereabout are
ascertained.
d. Place the driver in a defensive position by
properly directed questions upon approach.
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE
Camp,Crame, Quezon City

16 December 1996

STANDING OPERATING PROCEDURE


NUMBER 7 (AMENDED)

REPORTING AND DISPOSITON OF STOLEN AND RECOVERED/


IMPOUNDED MOTOR VEHICLES

1. GENERAL:

This SOP prescribes the procedure in reporting stolen and wanted motor
vehicles and in disposing of recovered/ impounded vehicles by all PNP units.

2. APPLICATION:

This SOP applies to all stolen motor vehicles and those which are recovered
and/ or impounded by PNP Units pursuant to the provisions of RA 6539,
otherwise known as the “Anti-Carnapping Act of 1972”. As amended.

3. OBJECTIVES:

a. To serve as guide for the PNP and other


law enforcement agencies that are involved in anti-crime operations
involving stolen motor vehicles:
b. To establish the responsibility in reporting
stolen/ wanted and recovered motor vehicles; and
c. To take responsibility for the safekeeping/
custody of impounded motor vehicles.

4. PROCEDURES:

a. Reporting of Stole and other

1. The Director/ Chiefs of Officers of PNP units that take


cognizance of a loss of a motor vehicle or in a case where the
subject of the crime is a motor vehicle shall cause the owner to make
a sworn written complaint supported by documents of ownership
such as registration certificate. LTO receipt of payment, deed of
sale, invoice receipt and other related documents:
2. A report shall then be rendered to the Chief, PNP
(Attn: Dir, TMG) using a uniform Alarm Sheet. All Alarm Sheets
received by the PNP units shall be immediately forwarded to the Dir,
TMG. All alarm Sheets received by the PNP units outside Metro
Manila shall be forwarded to the respective TMG District Offices
covering the area.

3. The TMG shall flash the alarm to all its Districts and
other law enforcement agencies. The District Directors shall
disseminate said alarms to all PNP Stations within their AOR.

4. Upon termination of the investigation of a recovered/


stolen motor vehicle, the Unit Head/ Chief of Office shall prepare and
submit in four (4) copies to Dir, TMG, distributed as follows: Original
copy for the PNP Computer Center, Duplicate copy for the TMG;
Triplicate copy for the reporting unit and Quadruplicate copy for the
investigating unit’s file;

5. The PNP Computer Service shall provide all PNP


units and other agencies concerned periodic/ updated list of wanted/
recovered motor vehicles.

6. All PNP units which undertake anti-carnapping


missions are required to submit Daily Radiographic Anti-Carnapping
Operations Report (DACOR) to this Hqs (Attn: Dir, TMG) every
0800H daily. The report shall cover a 24-hour period.

7. The DACOR shall have, as a minimum requirement,


the following data:

a. No of motor vehicles reported stolen broken


down as follows:

1. Stolen while parked


2. Forcibly taken
3. Failed to return

b. Number of motor vehicles recovered


c. Nr of motor vehicles turned-over to TMG
d. Nr of encounter with carnappers
e. Nr of suspects arrested
f. Status of cases filed

8. Additionally, a monthly report on the Anti-Carnapping


operations of the above-cited units shall be submitted to this
Headquarters (Attn Dir, TMG) not later than the 7 th day of the month
following the period covered by the report.
9. In all cases, the reporting of a stolen/ wanted and
recovered motor vehicles shall follow the flow of the Chain of
Command.
10. The Chief of Office/ Unit shall immediately notify the
owner of the recovered motor vehicle for identification purposes.

b. Disposition of Recovered/Impounded
Motor Vehicles:

1. All recoveries of carnapped/ abandoned motor vehicles


made by PNP Units in Metro Manila shall be turned-over within forty-
eight (48) hours to the Central Vehicle Impounding Area (CVIA) at
Camp Crame. If the recovered vehicle is not in running condition , the
recovering unit shall inform the TMG (PLDT Nrs 7218516 & 7224103)
who shall undertake the towing services of the subject motor vehicle to
the TMG. The Technical Inspection Report (TIR) shall be conducted at
the recovery site in the presence of any local government official
and/or any Barangay Official and/ or any responsible citizen residing at
the place of recovery, who will affix his signature on the RIT. Except
however when there is highly reasonable ground for the non-
availability of a witness taking into consideration the time of the day
and the area of recovery.
2. Motor vehicles recovered by Municipal Police Stations
outside Metro Manila shall be turned-over within forty-eight (48) hours
to the nearest TMG District headquarters for proper investigation/
disposition.
3. If the carnapped motor vehicle is recovered by it owner
without PNP assistance, the subject motor vehicle shall no longer be
turned-over to the CVIA. However, subject motor vehicle shall be
physically presented at the nearest PNP Office /Station for proper
identification and eventual lifting of the alarm. Motor Vehicle that are
recovered in Metro Manila, shall be presented to the nearest PNP
District Headquarters which shall prepare the recommendation for the
lifting of the alarm.
4. Dir, TMG receipt of the letter-request for the lifting of the
alarm, shall receive said motor vehicle and assume responsibility for its
security in the impounding area in accordance with the provision of this
SOP. An individual case folder for each impounded vehicle shall be
maintained.
5. All release of impounded motor vehicle shall only be
made upon the approval of the Director, TMG.
6. In case there is an order from the competent court or
fiscal for the release of a motor vehicle, the same shall be released in
accordance with the existing rules governing the release of impounded
motor vehicle. Dir, TMG shall then inform the investigating units of the
release of the motor vehicle.
7. Before any vehicle is released, the Technical Inspection
Report (TIR) previously prepared shall be reviewed by both the owner
or his authorized representatives and the Dir, TMG. In case of
discrepancies, the Dir, TMG shall immediately order the Chief and /or
PNCO’s of CVIA to explain the said discrepancy. It shall be presumed
that the motor vehicle, before the same is received for impounding is
true in all respect as described the TIR.

5. LIFTING OF ALARM OF WANTED RECOVERED


MOTOR VEHICLES

a. The basis for the lifting of alarm of any


wanted recovered motor vehicle shall be any of the following.

1. Recovery
2. Court Order
3. Termination of Investigation
4. Actual Possession of owner and
5. Other lawful grounds or as ordered by competent
authority

b. The filing of any alarm of wanted-


recovered motor vehicle shall only be upon the approval of the Dir, TMG.
c. The information to lift an alarm for any
motor vehicle shall be entered in the form “Lifting of Alarm” and the
information shall be disseminated by Dir, TMG to other PNP Units. A
consolidated monthly listing of such vehicles shall be prepared by Dir.
TMG and copies furnished to other PNP units.

6. HEADQUARTERS AND REGIONAL


IMPOUNDING AREA:

Headquarters TMG shall maintain the present Central Vehicle


Impounding Area (CVIA) in Camp Crame and all the Regional Vehicle
Impounding Areas (RVIA) until new areas are designated by proper
authority.

7. PROHIBITIONS

a. No PNP personnel shall use a recovered


stole/impounded motor vehicle or cause the use thereof by any person
prior to the lifting of the “alarm” issued thereon and the subsequent
release of said vehicle to its lawful owner pursuant to this SOP.
b. No PNP personnel shall replace/ removal
of any part of accessory thereof by any person, unless there is written
authority from the Chief/ Head of the PNP unit where said vehicle is being
impounded and which replacement/ removal of said part/ accessory shall
be for preservation purposes.

8. PENALTY CLAUSE:

Any violation of this SOP shall be dealt with criminally and/or


administratively as evidence warrants.

9. MISCELLANEOUS:

a. TMG shall exercise functional supervision


in the implementation of this SOP.
b. Said supervision shall be exercised in the
field through the District Director/ Team Leaders of TMG and in close
coordination with the Regional, Provincial and other TMG Unit Directors.

10. REPEALING CLAUSE:

All existing SOPs as well as circulars and other issuances inconsistent


herewith are hereby repealed and modified accordingly.

ORIGINAL SIGNED
RECARDO A SAMIENTO II
Police Director General
Chief, PNP
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE
Camp,Crame, Quezon City

HCIDG/ April 14, 1999

STANDING OPERATING PROCEDURE


NUMBER 01-99

RECOVERY OF STOLEN AND ABANDONED


MOTOR VEHICLES

1. GENERAL:

This SOP prescribes the procedure in recovering, handling and disposing


stolen motor vehicles and abandoned vehicles, which are suspectedly used
by criminal elements in their illegal activities.

2. APPLICATION:

This SOP applies to all recovered stolen motor vehicles and abandoned
vehicles, which are suspectedly used by criminal elements in their illegal
activities.

3. OBJECTIVES:

4. PROCEDURES:

a. Disposition of Recovered Abandoned Motor


Vehicles Used In Criminal Activities.

1. The Team Leader of the operating team that


recovered the motor vehicle shall properly secure the vehicle and its
surroundings to avoid looting and distortion of possible pieces of
evidence found inside the motor vehicle.
2. Avoid touching and/or removing the motor vehicle
from the recovery site without examination of the SOCO.
3. The Team Leader shall immediately request for
SOCO team to conduct technical examination/ inspection on the motor
vehicle for possible lifting of fingerprints and collection of evidence
inside the motor vehicle.
4. Take photographs of the entire motor vehicle while in
the recovery site. Likewise, photograph bullet hole markings found in
the vehicle.
5. Technical inspection Report (TIR) shall be conducted
at the recovery site in the presence of any Barangay Official and/or any
responsible citizen residing at the place of recovery to serve as witness
sin the inspection.
6. The recovery should be entered in the police blotter
of the nearest police office having jurisdiction of the place of recovery.
7. Remove immediately the motor vehicle from the
recovery site using towing services (wrecker) upon completion of the
SOCO team technical examination/ inspection.
8. Designate a responsible custodian of the recovered
motor vehicle and other pieces of evidence recovered thereof.
9. The Chief of Office/ Unit responsible in the recovery
of the motor vehicle shall immediately communicate/ verify whether the
vehicle is carnapped/ stolen and secure a copy of the alarm sheet from
the Director, TMG and/or Regional Officer of the Regional Traffic
Management Office (RTMO), where the motor vehicle was recovered.
10. The Chief of Office/ Unit shall immediately notify the
owner of the recovered motor vehicle for identification purposes.
11. The Chief of Office/ Unit shall immediately render
report to the Director, CIDG, pertaining to the nature of the recovery
and the case, if any, indicating therein the pieces of evidence
recovered thereof.

b. Disposition of Recovered Carnapped Motor


Vehicle Not involved/Used in illegal Activities.

1. All recoveries of carnapped/ abandoned motor


vehicles made by any CIDG office/ unit in Metro Manila shall be
turned-over within forty-eight (48) hours to the Director, TMG (Attn:
Central Vehicle Impounding Area (CVIA) at Camp Crame, Quezon
City. In case the motor vehicle was recovered outside Metro Manila it
shall be turned-over to the Regional Traffic Management Office
(RTMO), where the motor vehicle wars recovered with proper
Technical Inspection Report (TIR) for disposition.
2. The Chief of Office/ Unit responsible in the recovery
of the motor vehicle shall immediately communicate/ verify whether the
vehicle is carnapped/ stolen and secure a copy of the alarm sheet from
the Director, TMG and or from the Regional Officer of the Regional
Officer of the Regional Traffic Management Office (RTMO), where the
motor vehicle was recovered.
3. Technical Inspection Report (TIR) shall be conducted
by the recovery team at the site in the presence of any Barangay
Official and/or any responsible citizen residing at the place of recovery,
to serve as witness in the inspection.
4. Take photographs of the motor vehicle while in the
recovery site.
5. The recovery should be entered in the police blotter of
the nearest police office having jurisdiction of the place of recovery.
6. The Chief of Office/ Unit concerned shall immediately
render report to the Director, CIDG, pertaining to the nature of the
recovery and the present status/ disposition of the recovered motor
vehicle.

5. PHOHIBITIONS:

a. No CIDG personnel shall use a recovered


stolen/ abandoned motor vehicle or cause the use thereof by any person
prior to turn-over to the TMG or while being impounded by the unit for
evidentiary purposes.
b. No CIDG personnel replace/ remove any part
of or accessory of the recovered stolen/ abandoned motor vehicle or
cause the replacement/removal of any part of accessory thereof by any
person, unless there is written authority from the Chief of Office/ Unit who
has custody of the motor vehicle and which replacement/ removal of said
part/ accessory is necessary for preservation purposes.
c. Recovered motor vehicle used as evidence in
court shall not be released to the owner/ claimant without proper court
order and/ or clearance from the Director, CIDG.

6. PENALTY CLAUSE:

Any violation of this SOP shall be dealt with criminally and/ or


administratively as evidence warrants.

7. MISCELLANEOUS:

The Regional Officers/ Chiefs of Offices in close coordination with


Director, TMG and Regional Officers, Regional Traffic Management Offices
(RTMO), shall exercise functional supervision in the implementation of this
SOP.
8. REPEALING CLAUSE:

All existing SOPs as well as circulars and other issuances inconsistent


herewith are hereby repealed and modified accordingly.

ORIGINAL SIGNED
ATTY LUCAS MALLILLIN MANAGUELOD
Police Chief Superintendent (DSC)
Director, CIDG

L. PASSPORT AND VISA RACKET INVESTIGATION

Pertinent Provision of the Laws, PD, Memos and Circulars

Republic Act No. 8329 – Philippine Passport and Circulars

Presidential Decree No. 1851 – Amending PD 1623 entitled


“Authorizing the Issuance of Special Investors Resident Visas to Aliens
and for other purposes.

Procedural on Passport and Visa Racket Investigation

1. Gather on Passport and Visa Racket Investigation.

a. Passport documents before conducting a formal interview of


subjects:

 Checklist for processing application


 Passport application (FA Form 1)
 Information Sheet
 Sworn Statement for Passport Application

b. Supporting documents:

 Birth certificate of loss together with birth affidavit


 Marriage contract
 Income Tax Certificate
 Affidavit of Support
2. Determine from the checklist the DFA Officer who processed the
application and the person who filed the same (whether the applicant
himself or the travel agent)
3. Determine the travel agent who filed the application or the agency
for which the travel agent works. NOTE: SOP of DFA requires the
stamp of the travel agent appear on the upper right hand corner of the
application for passport.
4. The name of the witness who attested that the statements of the
applicant are true.
5. who identified the affiant?
6. The notary public or administering officer who notarized the
application
7. Records check the name of the travel agent who file the application
8. Check with the BTTU Licensing DFA whether or not the travel
agency is licensed or blacklist.
9. Secure certifications.

a. From the Consular Affairs Office, the number and date of


issued of the passport to the applicant.
b. From the US embassy, the date when the visa was issued to
the applicant and the kind of visa issued.

10. Get the sworn statement of the applicant.

a. Did he/ she personally fill up the application for passport and
visa?
b. Did he personally appear for interview at the US Embassy,
etc?
c. Get the official receipts issued by the travel agent or agency,
which filed the application.
d. Did he/ she
11. Gather documentary evidence linking subject to the falsification of
the passport or visa, such as receipts, etc.
12. Document or reduce in writing statements of persons whose
testimonies are needed to complete the picture of the case.
13. Submit to the Questioned Documents Division all documents, which
were falsified together with specimen standards gathered.

NOTE: If signatures are forgeries, get certifications to this effect.

14. Submit to the Chemistry Division the passport and visa to


determine the alleged alterations or falsifications.
15. Subpoena for interview the travel agent who filed the application
(This is a very important phase of the investigation)
16. Follow-up leads that might have been disclosed by the travel agent.
Modus Operandi

Some applicants will be provided with fake passports (Baklas) a passport


of another person but with the picture of the unsuspecting applicants in cahoots
with some unscrupulous personnel in their port of exit.

M. FAKE OVERSEAS EMPLOYMENT RACKET

Pertinent Provision of the Laws, PDs, Memos and Circulars

Republic Act No. 8042 – An act to institute the policies of Overseas


and Employment and Establish a Higher Standard of Protection and
Promotion of the Welfare of Migrant Workers, their Families and Overseas
Filipinos in Distress, and for other Purposes.

Republic Act No 2486 (February 5, 1915) – First law enacted by the


Philippine Legislature which regulates recruitment of Filipinos abroad, and
provides among others:

1. Every recruiter must pay annual tax of P550.00 to each province


where laborers are recruited;
2. Payment of annual license fee of P6,000.00 to the Insular Treasury;
3. Prohibition on the recruitment of members of no-Christian tirbes for
exhibition purposes;
4. Guaranteed transportation for the return of workers who have
finished their contract for those who failed due to work related
physical incapacity; and
5. Total prohibition on the recruitment of minors below 15 years of
age, and for minors above 25 but below 18 years of age without the
written consent of their parents or guardian.

Presidential Decree No. 1920 (May 1, 1984) – Strengthening the


Campaign Against Illegal Recruitment.
Executive Order No. 1022 (May 1, 1985) – Strengthening the
Administrative and Operational Capabilities of the Overseas Employment
Program
Rules and Regulations Governing Overseas Employment – Book II
Rule X
Presidential Decree No. 442 – Labor Code of the Philippines (May 1,
1974) – A social legislation intended to promote public welfare which
covers labor relations, welfare and labor standard.
Labor relations laws – those intended to stabilize the relations of
employees and their employers, adjust differences between them thru
collective bargaining, and settle disputes through conciliation, mediation,
and arbitration;
Presidential Decree NO. 2018 – Making Illegal Recruitment a Crime of
Economic Sabotage (January 26, 1986)
It re-defined Illegal Recruitment by amending Articles 38 & 39 of the
Labor code by declaring it’s a crime involving economic sabotage when it
is committed by a syndicate or is committed in large scale;
It provides stiffer penalties by making IR punishable by life
imprisonment if it involved economic sabotage.
Executive Order 247 – Reorganizing POEA (July 24, 1987) –
Reorganizing POEA with expanded functions to regulate private sector
participation in recruitment and overseas placement, maintain registry of
skill and secure best terms of employment for Filipino contract workers.

Modus Operandi

a. Office location such as room number, building, street and


place. Usually, the racket is conducted in a presentable office to lure
prospective innocent victims;
b. Application forms filled up by victims;
c. Fees charged allegedly up by victims;

 Management and leg works;


 Processing of passport;
 Performance bonds;
 Settlement fees;
 Incidental expenses;

d. Usually, official receipts are issued;


e. Also, lucrative employment is offered
f. Deployment of workers through tourist schemes but with a
hidden agenda of employment. This can be done through their illegal
foreign employers;
g. Use of other passport other than that of the applicant to hide
or clothe the applicant with another identity allegedly to ensure his
departure and employment aboard;
h. Illegal use of the name of a licensed recruitment agency as
front. They usually use fake authorizations to recruit overseas
workers;
i. House-to-house recruitment, particularly in provinces;
j. Illegal recruiters are recruiting applicants by introducing
themselves as authorized recruiting agents of a license recruitment
agency;
k. Those who signified their intention to work abroad will be
required to pay certain amount of money to defray expenses for
applicant’s passport, visa and place ticket;
l. Once the amount is given and the promise to leave was
made, the illegal recruiter will then vanished and nowhere to be found
by the applicants.
m. Some applicants will be provided with fake passport
(Baklas), a passport of another person but with picture of the
unsuspecting applicants in cahoots with some unscrupulous personnel
in their port of area.
n. Most of the illegal recruiter go to the remote areas, usually in
the provinces due to ignorance/ illiteracy of potential victim due to
absence of the means to verify the authenticity of the recruiters.

Investigative Procedure

a. Take the sworn statements of complainant(s) and the witnesses, if any


b. Get any receipt issued to them
c. Check whether or not the employment agency is registered with the
POEA

i. If it is, get a certified copy of the POEA Licensee/ Authority


and other pertinent papers
ii. If not registered, get a certificate of this effect
iii. Secure a statement that the recruiter has not valid license or
authority to enable one to lawfully engage in recruitment/ placement
of workers.
iv. Or the statement may be that the offender undertakes any
activity within the meaning of recruitment placement as defined in
Article 13 (b) of the Labor Code (i.e) any act of canvassing,
enlisting, Contracting Transporting, utilizing hiring or procuring
workers, and include referrals, contract service, promising or
advertising for employment, locally or abroad, whether for profit or
not: Provided, that any person or entity which, in any manner, offers
or promises for a fee employment to two or more persons shall be
deemed engaged in recruitment and placement), or any Prohibited
Practices under Article 34 of the Code:

1. To charge or accept, directly or indirectly, any amount greater


that the specified in the schedule of allowable fees prescribed
by the Secretary of Labor, or to make a worker pay any amount
greater that actually received by him as a loan or advance;
2. To furnish or publish any false notice or information or
document in relation to recruitment or employment;
3. To induce or to attempt to induce a worker already employed to
quit his employment in order to offer him to another unless the
transfer is designed to liberate the worker from oppressive
terms and conditions of employment;
4. to give any false notice, testimony, information or document or
commit any act of misrepresentation for the purpose of securing
license or authority under this Code;
5. To influence or to attempt to influence any person or entity not
to employ any worker who has not applied for employ any
worker who has not applied for employment through his agency.
6. To engage in the recruitment or placement of workers in jobs
harmful to public health or morality or to the dignity of the
Republic of the Philippines.
7. To obstruct or attempt obstruct inspection by the Secretary of
Labor or by his duly authorized representatives:
8. To fail to file reports on the status of employment, placement
vacancies, remittance or foreign exchange earnings, separation
from jobs, departures and such other matters or in formations as
may be required by the Secretary of Labor
9. To substitute or alter employment contracts approved and
verified by the Department of Labor from the time of actual
signing thereof by the parties up to and including the periods off
expiration of the same without the approval of the Secretary of
Labor.
10. To become an office or member of the board of any corporation
engaged in travel agency or to be engaged directly or indirectly
in the management of a travel agency.
11. To withhold or deny travel documents from applicant workers
before departure for monetary or financial consideration other
than those authorized under this code and its implementing
rules and regulations.

d. Check whether or not the employment agency is duly licensed by the


POEA.

i. In the affirmative, secure a certificate to this effect.


ii. In the negative, it is advisable to send an undercover
investigator to pose an applicant.

He should know:

 The official and employees of the agency


 Their claims and representations to job applicants
 The requirements and particular facilities used.

e. Record check the employment agency, its official and employees, for
any outstanding warrant of arrest, or for any derogatory or relevant
information.
f. Apply for a search warrant. The undercover man or one of the victims
be a witness.
g. Request the official photographer to accompany the investigators
serving the search warrant.
h. Take pictures of any signboard advertisement of the employment
agency and its officials and employees present during the raid.

NOTE: Confine yourself to the limits set under the search warrant,
particularly the place to be searched and the things to be seized.

i. Bring the seized articles and documents to the investigating office.


Seized articles and documents may be surrendered, duly receipted to
the records and evidence section. If its to bulky, they must be kept in
a secure place, locked and preserved from loss.
j. Return the search warrant as soon as possible. Usually the return is
made with a petition for retention of the articles and documents seized.
k. Bring officials and employees of the agency to the investigating office
for documentation and identification, fingerprinting and the standard
front, side view, whole body and back view photographs. Appraised
them on their Constitutional Rights as provided for and those
specifically mentioned in RA 7438. take their sworn statements, if they
re willing in the presence and consent of their counsel.
l. Prepare the letter of transmittal to the prosecutor having jurisdiction
over the case. To be attached as annexes are:

i. Sworn statement taken


ii. Certificate from the POEA c/o the anti-illegal Recruitment
Branch
iii. Booking sheets and arrest reports
iv. Receipts of payment made by applicants

m. Bring subject to Inquest Prosecutor


n. If bail is fixed during inquest, bring subjects to jail for temporary
confinement until they are turned over to the city jail or local or
provincial jails. This should be done immediately.
o. Should the Inquest Prosecutor return the latter transmittal with
enclosures during the inquest, file the case first thing in the morning of
the following day.

Common Problems Encountered

1. Suspects in complaints against illegal Recruitment are nowhere to be


found.
2. Suspects in cases that were filed in courts were able to settle their
dues with the victims without the knowledge of the investigators
3. Availability of the complainants in far flung areas pursuing the case
due to problems like transportation, finance and alike.
N. DISASTERS INDETIFICATION PROBLEMS

1. Introduction

When a disaster occurs, a tremendous responsibility is immediately


vested on the law enforcement officer to perform many tasks. A
disaster is usually a situation that strikes suddenly and is totally
unexpected. It consists of a single event or a series of events that may
be brought on by the work of the elements or through some man-made
accident.

a. Disaster Defined – A great natural catastrophe or an


extraordinary accident which plunges scores of people into
helplessness and suffering and is the cause for unusual and
superhuman police activity.
b. Service to the Public – The public expects the law
enforcement officer to take immediate and decisive action, and the
community will be severely critical if this is not immediately
forthcoming. The public expects the law enforcement officer to live
up to the paramount traditions of outstanding courage and unselfish
devotion to duty for the protection of human lives, minimizing
property losses and alleviating human suffering.
c. Types of Disaster – Fires, explosions, floods, volcanic
eruptions, earthquakes, and transportation accidents.

2. Specific Police Duties:

a. Organize and direct the community’s efforts to restore order


out of chaos.
b. Direct rescue operations
c. Supervise evacuation where necessary
d. Seal off and isolate the scene
e. Patrol the area and protect property
f. Establish communications.
g. Control traffic and curious persons
h. Reunite broken families
i. Identify the dead.

3. Necessity for Positive Identification of Deceased

a. Legal settlement of estates.


b. Insurance policies
c. Business relationships
d. Remarriage of survivors
e. Objective of identification work
4. Organization of Disaster Identification Team

a. Who is charge? When several agencies (like NDCC or task


forces) agree to work together, they may also agree on this
question.
b. Expert assistance is required. Other help will be needed, the
number and type of persons depending on the magnitude of each
problem. Expert assistance may be required in a number of fields,
including morticians, doctors, dentists, pathologists and
identification specialists able to employ special fingerprint
techniques.

5. Recovery of Bodies

a. Special equipment. In the rescue process, special


equipment, such as bulldozers, cranes, boats, etc. may be needed
to recover the dead.
b. Record the location of the body. When a victim is found, the
exact place of recovery should be indicated and the body tagged
and numbered.
c. Body tag number. Fingerprint card must correspond to the
tag number of the body form which the prints were taken.
d. Personal effects should be placed in a container and
properly identified as to the place or recovery and body number,
and kept with the body. If there is any question concerning them,
they should be handled as separated items.

6. Centralized Receiving Morgue.

a. Litters and body covers, cadaver bag, blanket or a sheet are


needed.
b. Location and size of morgue. The morgue should be readily
accessible to the scene of the disaster and be able to
accommodate a large number of persons who will later require
access.
c. The master numerical log should be established upon arrival
of the body at the morgue.

7. Preliminary Body Examination.

a. Physical characteristics – Teeth for dental works; operation


and other scars; deformed legs, arms or fingers; amputations; color
of hair and eyes; race; approximate height and weight; age; tattoos
and any other identifying characteristics. Jewelry and pocketbook
contents are most important.
b. Fingerprinting. The most positive, reliable and infallible
means of identification is through fingerprinting.
c. Jewelry and pocket contents help in the identification of
victims
d. Clothing also helps in the identification of victims.

8. Morgue Administration

a. Preservation of remains
b. Body segregation
c. Body Case file – Description of body and clothing, fingerprint
card list of personal effects, photographs taken, dental chart and
detailed results of medical examination or autopsies.
d. Missing Person case File. Compare this with the Body Case
File.

9. Establishing Positive Identity

a. Comparison of Missing Person date with recorded body


observations.
b. Death certificate and release of body. Authorities should be
most reluctant to issue death certificates until all doubts have
been resolved.

10. Special Problems

a. Communications
b. Temporary morgue equipment
c. Relief of personnel
d. Public relations

11. Importance of Fingerprinting

a. The best means of identification


b. Special fingerprint techniques

12.

O.

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