Police Intelligence:

The product that results from processing raw information (collection, evaluation, integration and interpretation of
information)
Process of finding out what you don’t know (or finding out what needs to be known)
A confidential advice that supports decision making
Has both tactical (or operational) and strategic applications

Intelligence – the and product resulting from the processing of information, or the art of obtaining, evaluating, and
dispensing vital information for future action.
Information – is a knowledge communicated, either obtained by personal study, investigation or intelligence
operation or knowledge derived from printed materials, observations or instructions.
Information - Any knowledge, data, news, opinion or the likes transmitted from a person to another is information.
Processed information becomes intelligence that has police interest and significance.
Sponsor – the sponsor is the group which, through its headquarters, supports and directs the organization
conducting the clandestine activity.
Target – The second organizational element is the target: the person, place or thing against the clandestine activity
is to be conducted.
The Agent – The third organizational element in clandestine activity is the agent. An agent may be classified
according to his function within the organization.
Espionage agent -The espionage agent clandestinely procures information.
Propagandist -The propagandist undertakes to mold the attitudes, opinions and actions of an individual, group or
nation.
Saboteur -The saboteur undertakes positive action against an unfriendly power, resulting in the loss of use
temporarily or permanently of an article, material, facility, process, or other physical resource.
Guerilla -a guerilla is a member of the paramilitary group organized to harass the enemy in a hot war situation.
Strong – Arm-The strong-arm agent is available to provide special protection during dangerous phases of
clandestine operation. He is also prepared to undertake aggressive action in the accomplishment of an assigned
task and assist in operations directed against target personnel.
Provocateur- a provocateur is an agent who induces an opponent to act to his own detriment by revealing his true
purpose and identity. Provocation may also divert the opponent from an intended objective. The opponent may be
an individual, group or nation.
Cutout- a person or device interposed between two persons or groups in order to provide communications.
Intermediaries- an individual who serve as a cutout.
Cutout Device- is a place or a thing used in the communication between two members of the clandestine operation
and is also a means of comparting one element from another.
Live Drop- is a person in clandestine operation who accepts information or material from on agent and surrenders
it to another.
Courier- a person who carries information or material from one individual in clandestine operation and delivers it
to another.
Moving Live Drop- a type of unwitting courier the person on whom or in whose personal effects clandestine
material is concealed without his knowledge.
Dead Drop- is a place were clandestine material may be left by one echelon and recovered by another.
Moving Dead Drop- involves the use of some means of transportation of which clandestine information or
material can be concealed at one point and recovered at another.
Accommodation address- this refers to the address at which posted mail containing intelligence or operational
information is received and at which either held for pickup or readdress and transmitted further thru the mails.
Clipping Services– is the collection of news items of intelligence value in publications both local and foreign.
Debriefing – an interview with personnel from a mission to get information of particular interest.
Safehouse – is a place, a building, enclosed mobile, or an apartment where police undercover men meet, his action
agent or handler conducts debriefing or for report purposes.
Burned – identity of the undercover has been know by the subject.
Drop – is a convenient, secure, and unsuspecting place where a police undercover man, informer, or informant by
prearrangement leaves a note, a small package, an envelop or item for the action agent or handler, supervisor, or
another agent.
Communications Security – measures adopted to safeguard the transmission or receipts of messages, the
equipment used and the communication center itself.
Intelligence Estimate – is a study which describes, discusses, and interprets the current crime situation in order to
determine organized crime capabilities, vulnerabilities, and probable course of actions. It also describes the effects
of the area of operations upon both police and criminal elements courses of action.
Omerta – conspiracy of silence.

Historical Accounts of Police Intelligence

Moses sent spies to canaan in order to know the strength of their enemy.

Rahab - assisted Israelite spies by hiding them from the local authorities. The spies, in return for her protection,
promised to save her and her family during the planned military invasion as long as she fulfilled her part of the
deal by keeping the details of the contact with them secret and leaving a sign on her residence that would be a
marker for the advancing soldiers to avoid. She kept her word by hiding the spies when the city guard came to her
house looking for them; the Israelites kept their word by sparing her family from the general massacre after taking
the city: they recognized Rahab's house by a red cord hanging from her window.

Delilah was approached by the lords of the Philistines, to discover the secret of Samson's strength, "and we will
give thee every one of us eleven hundred pieces of silver". Three times she asked Samson for the secret of his
strength, and three times he gave her a false answer. First he told her "If they bind me with seven green withes that
were never dried, then shall I be weak, and be as another man.". Then he told her "If they bind me fast with new
ropes that never were occupied, then shall I be weak, and be as another man.". A third time he told her "If thou
weavest the seven locks of my head with the web". On the fourth occasion he gave her the true reason: that he did
not cut his hair in fulfillment of a vow to God.

Sun Tzu was an ancient Chinese military general and strategist who is traditionally believed to have authored The
Art of War, an influential ancient Chinese book on military strategy considered to be a prime example of Taoist
thinking. Sun Tzu has had a significant impact on Chinese and Asian history and culture, both as an author of The
Art of War and through legend. During the 19th and 20th centuries, Sun Tzu's The Art of War grew in popularity
and saw practical use in Western society, and his work has continued to influence both Asian and Western culture
and politics.

Alexander III of Macedon popularly known as Alexander the Great was a Greek king who created one of the
largest empires in ancient history. Alexander received a classical Greek education under the tutorship of famed
philosopher Aristotle, Alexander is one of the most famous figures of antiquity, and is remembered for his tactical
ability, his conquests, and for spreading Greek civilization into the East.

Frederick the Great – father of organized military espionage.

State Informers – originated during the reign of Edward I of England in the 15th century were rewards were given
to those who can report authors seditious writing.

Walsingham – the father of the national secret service, as the protector of queen Elizabeth I

Karl Schulmeister and Demarest – develop the concept of counter-intelligence or spying the spy.

Allan Pinkerton – U.S. first Chief of Secret Service.

Cabeza de Barangay – head of the settlers who appointed eyes and ears of his community.

Luke E. Wright – father of Philippine Constabulary

Col. Henry Allen – first chief of the Philippine Constabulary

Rafael Crame – the first head of the intelligence division of the Philippine Constabulary

Modes of Obtaining/Gathering Information

1. Informants/Informers
2. Surveillance
3. Casing
4. Cover and Undercover
5. Interview/Elicitation
6. ODEX
7. Informants/Informers

Informant – is any person who furnishes the police and information relevant to a criminal case, about the activities
of criminals or syndicates.
Informer – a person who gives information on a regular basis, they are paid.
Informant - is an individual who openly or secretly obtained or assists in obtaining information for intelligence
and Counter Intelligence purposes in exchange for some recompense, monetary or otherwise.
Informer distinguished from informant – an informant is an individual who gives information for a price or
reward. An informer gives information in consideration of the money or reward. While, an Informant gives
information either in consideration of the reward or not.

Types of Informants

1. Anonymous Informants
2. Rival Elimination Informants
3. False Informants
4. Self-Aggrandizing Informants - an informant that is conceited, overconfident, and arrogant.
5. Mercenary Informants – Sales information. He/she could be one of the members of syndicate.
6. Double-Crosser Informants - he/she gives information, but the objective is also to get more information from
the police and their activities.
7. Women Informants - She could be an associate of the syndicate. She uses her body to obtain more information.
8. Legitimate Informants – gives information for a legitimate reason/s
9. Incidental Informants - Individuals who furnish information with no intention of repeating his services of
furnishing information on a continuing basis.
10. Casual Informants - Individuals who by social or professional position, possesses or has access to information
of continuing interest, and who willingly provides information to the CI unit, either in response to a specific
request or on his own initiative.
11. Automatic Informants - Those by virtue of their official positions are expected or obligated to furnish
information openly to CI units in normal course of their duties. e.g., Government officials, police officers and
technical experts.
12. Recruited Informants - Individuals that are selected, trained and utilized as continuous and covert sources of
information concerning specific counterintelligence targets.

Double Agents - Individuals who are simultaneously employed by two opposing intelligence agencies with only
one of the agencies aware of his dual role. Double agents controlled CI unit may produce very valuable
information, particularly in long range counterespionage operations, but their control and exploitation is complex
and difficult, and requires extremely stringent security precautions and control measures.
Dual Agents - Individual simultaneously and independently employed by two or more friendly intelligence units
and, who do not show preference for either and normally motivated by material gain. When an informant is
determined to be a Dual Agent, his services will normally be terminated.

Motives of Informants

1. Vanity – for self-aggrandizement in order to get favorable attention.

2. Civic Mindedness – Gives information because it’s a duty as a concerned citizen.
3. Fear – Gives information in order for his/her to be protected.
4. Repentance – Gives information due to changes of his values, belief, and convection.

Kinds of Informants

1. Criminal
2. Voluntary
3. Involuntary
4. Confidential
5. Special
6. Anonymous

Types of Informers

1. Common or Ordinary
2. Confidential

Other meanings of “ Informants”

1. Obnoxious – the view of the public to a person selling information to another or money motivated.
2. Stool Pidgeon – the view of the underworld to a person who expose their activities and identities.
3. Savior – the view of the police to a person who gives information, without his valuable reports or revelations
the crime would remain unsolved.

Surveillance

Surveillance -is a clandestine form of investigation which consists of keeping any person, place or other physical
observation in order to obtain evidence or information pertinent to the purpose of the investigation.

-is a planned observance of persons, places or objects: however, it is concerned primarily with persons. Places and
objects can be closely watched but are generally incidental to the primary interest of seeking information about
people.

Subject of Surveillance – the person, place, or object being watched.

Surveillant – the person who does the surveillance or who maintain watch.
Convoy – an associate of the subject who follows the subject in an attempt to detect surveillance.
Contact – any person with whom the subject speaks, to whom he pass articles, or from whom he receives articles.
Made – the surveillant being recognized as the surveillant by the subject or convoy.
Lost – the subject is lost when the surveillant do not know his whereabouts. The subject is lost when the subject
eluded him.
Fingerman – an individual who can positively point out the subject.
Put the finger on – go identify a subject by pointing him out either in person or in photograph.
Put to bed – when the subject under surveillance has returned to his quarter and apparently retired for the night.
Shadow and tail – to follow an individual whenever he goes, on foot or by vehicle.
THE TWO GENERAL TYPES OF SURVELLANCE

1. Moving surveillance. Maybe referred to as a tail or shadow.

A moving surveillance is conducted when a person, object or activity being watched move from one place to
another. The surveillant may however, move from one vantage point to another in the immediate area.
2. Fixed surveillance. Maybe referred as a stakeout.
Is conducted when a person, object, or activity being watched is not expected to move from one area. The
surveillant may however, move from one vantage point to another in the immediate area.

METHODS OF SURVEILLANCE

1. Loose surveillance. Observation of the subject or object is not continuous. The surveillance maybe discontinued
if the subject becomes suspicious or when the services of another surveillant are required.
2. Close Surveillance. Continuous observation of the subject is maintained at all times, even if the subject appears
to become suspicious or openly accosts the surveillant and accuses him of watching or following him.
3. Combination of Loose and Close Surveillance. Circumstances, which usually depend on the specific act of the
subject, may necessitate a change from a loose surveillance to a close surveillance without prior notice.

FIVE TECHNIQUES OF FOOT SURVEILLANCE

a. One-Man Surveillance. One investigator is used to conduct the surveillance. It is best employed in a fixed
surveillance. It should be avoided in moving surveillance because it provides the least amount of flexibility in the
surveillant, in addition to watching the subject should take notes, watch for convoys, and collect evidences.
b. Two-Man or “AB” Surveillance
In the “AB” technique of surveillance, the surveillant behind the subject is always known as “A” surveillant. “A”
follows the subject and “B” either follows on the same side of the street or from across the street.
c. Three-Man or ABC Surveillance. The most effective technique of foot surveillance is the “ABC” technique. It
employs three surveillance, and is intended to keep two sides of the subject covered. “A” follows the subject. “B”
follows “A” and concentrates on keeping “A” in sight rather than the subject. “B” also watches for convoys. The
normal position for “B” is behind “A”. “C” normally operates across the street from slightly to the rear of the
subject.
d. Leapfrog Surveillance. Two or more surveillants are used to conduct the leapfrog technique of surveillance.
This is a variation of the “AB” and “ABC” methods. It is simple to execute and greatly reduces the chances of the
subject reorganizing surveillant. Surveillant “A” follows “B”. Both surveillants operate on the same side of the
street as the subject. After a variable time or distance has elapsed by prearrangement of signals, “A” falls back and
allows “B” to assume the position “A” and “A” becomes “B”.
e. Progressive Surveillance. The Progressive technique of surveillance is used when extreme caution is mandatory.
It can be presupposed by the surveillants that the subject will resort to every method it elude possible surveillance.
It is a slow technique and limited to subject that follow habitual daily routines.

VEHICLE SURVEILLANCE

In vehicle surveillance the subject will move primarily by automobile, therefore necessitating the surveillant
followed by automobile.

Three Techniques of Vehicle Surveillance.

1. One Vehicle Technique

2. Two-Vehicle Technique
3. Four-Vehicle Technique

FIXED SURVEILLANCE OR STAKEOUT

In fixed or stakeout surveillance it is the subject that remains stationary. The surveillant may move around for
closer observation of the area and the subject. When one surveillant is detailed to watch a place with more than
one exit, the surveillant may have to move about considerably in order to maintain the proper surveillance.

Casing

Casing – is reconnaissance or surveillance of a building, place or area to determine its suitability for intelligence
use or its vulnerability in an intelligence operation.

PURPOSE
1. Operative will know the best route to take to get there.
2. Operative will know how to conduct himself without attracting attention.
3. Operative will know what security hazards are in the area and how they can be avoided or minimized.
4. Operative will know the best route to take to get out of the area.

METHODS OF CASING

1. Personal Reconnaissance– A personal reconnaissance of an area is the most effective method and will produce
the most information since you know just what you are looking for.
2. Map Reconnaissance– A map reconnaissance alone may not be sufficient but it can produce a certain amount of
usable information. From a map, it is possible to get a good survey of road and street network.
3. Research– Such information can be acquired through research. Research normally entails a study of unclassified
sources such as local newspapers, periodicals, public bulletins, telephone and city directories, radio and television
broadcasts, and other available references.
4. Prior Information– Your unit will have on file reports from other activities within your unit, and also from other
intelligence units that may provide you with information. In addition, town studies, geodetic surveys, etc., can
provide you with valuable information.
5. Hearsay – This type of information is usually gained by the person operating in the area of performing the
casing job. Casing should always be done with your ears open when visiting such places as restaurants, bars,
places of amusement, and while riding on a public transport facility. Some hearsay information maybe gained by
discreet questioning of the people in the area.

Cover and Undercover

COVER – is the means by which an individual, group or organization conceals the true nature of its activities,
and/or its existence from the observer.
It is used so that the intelligence unit may operate with minimum interference from the outside elements. By
“outside elements”, we mean those not having the “Need to Know”

TYPES OF COVER
1. Natural cover – using true or actual personal background.
2. Artificial cover – using biographical data adopted for the purpose that is fictitious or fabricated.
3. Cover within a cover – use of secondary cover in case of compromise which necessitates the admission of a
lesser crime
4. Multiple cover – any cover wished

ORGANIZATIONAL COVER

OBJECTIVES OF ORGANIZATIONAL COVER

1. To camouflage and protect operational personnel and their activities.

2. To protect installation in which clandestine activities are based
THREE (3) TYPES OR ORGANIZATIONAL COVER

1. Cell cover – intended for small operating groups, wherein the numbers of the group are not working together.
2. Group cover – provides security for three (3) or more individuals appearing to be working together
3. Cover family – combination of compartmental.

MEANING OF COVER STORY

A biographical account, true or fictional or a combination of true or fiction which portrays the undercover
operatives’ past history and current status.

TYPES OF COVER STORY

1. Natural Cover Story – story using actual background data with minor adjustments to fill and/or fit the situation.
2. Artificial Cover Story – using biographical data which are invented for the purpose.
3. Combination of True and False Personal Data

BACKSTOP – refers to falsified documents and materials prepared by an undercover to make his cover story
credible.
Interview/Elicitation

INTERVIEW – The method of obtaining information from another person who is aware that he is giving wanted
information, although he may be ignorant of the true connection and purposes of the interview.

ELICITATION – The method of acquiring desired information from a person who is unaware that he is providing
wanted information, and if made aware may not intend to give information.

INTERROGATION - The art of questioning and examining a source to obtain usable information in the shortest
possible time. The goal of any interrogation is to obtain useful and reliable information in a lawful manner and in
a minimum amount of time and meeting the intelligence requirements of any echelon of command. A good
interrogation produces needed information that is timely, complete, clear and accurate. Interview, debriefing and
elicitation are examples of types and forms of interrogation.

ODEX

OBSERVATION (Taking notice) - is a complete and accurate awareness by an individual of his surroundings and
encompasses the use of all of our major senses to register and recognize its operational and/or intelligence
significance.
DESCRIPTION - is the actual and factual reporting of one's own observations or the reported sensory experience
recounted by another.

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Sjtit-Criminologist Batch 2011

· April 16, 2012 ·

NOTES ON QUESTIONED DOCUMENTS

Document- is any material that contains marks, symbols, or signs, visible or partially visible & convey
meaning or message.
Disputed Document-is the term given when there is an argument or controversy on the document.
Questioned Documents- is a document which is in questioned because of its origin, its contents, or
circumstances regarding its production arouse suspicion as to its genuiness or it may adversely scrutinized
simply because it displeases someone

Two kinds of standard:

1. Procured or collected- obtained from files
2. Requested- made upon the request of an investigator.

How to obtain Collected Standards:

1. Collect at least 15-20 standards;
2. Collected standards should bear similarity of subject matter;
3. The date of preparation must be five (5) years before & five (5) years after the incident happened;
4. There should be similarity of the instrument used in writing;
5. The writing condition and the manner of execution must be similar to the execution of the questioned
writing.

How to obtain Requested Standards:

1. Dictate, never allow the suspect to see the document;

2. The text that is to be dictated must be carefully selected; do not dictate exactly the content to prevent
familiarity of the document;
3. Dictation must be conducted for three times;
4. Dictation must be interrupted & on an interval basis so that the subject will feel relax and write in his own
natural writing.
5. The normal writing condition of the subject must be arranged, so that the writer will feel to write the
dictation.

How to prepare & examine Typewriting Standards:

1. Examine the ribbon;

2. Use the same size of questioned materials, same word, typographical errors & same degree of touch;
3. Prepare the standard while the typewriter is in stencil position;
4. State the make, model, serial number, date & initial of the officer;
5. Typewriter should be kept in current condition.

Source of Standards:

Proof of Authenticity:
The Revised Rules on Evidence (Rules of Court) specifically Rule 132- Presentation of Evidence letter “B”
Authentication & Proof of Documents
Section 20 Proof of Private Documents- states that before any private document is offered as authentic its due
execution and authenticity must be proved:
a) By anyone who saw the document when it is executed or written.
b) By evidence of the genuineness of the signature or handwriting of the suspect.
Section 22. How Genuineness of Handwriting is Proved. The genuineness of the document can be proved by
any witness who believe it to be the handwriting of such person because he saw the person executed it.
Alterations:
a) Erasures
1. Chemical- bleached with an eradicator. When it is an iron based ink & fumed with sulfoxyanic acid, fume
will turn red.
2. Abrasive- when something rough or sharp pointed instrument is used in erasing the writings.
3. Associative evidence- a carbon copy, will reveal what had been erased.
4. Cutting
5. Interlineations, addition or subtraction.

Elements:

a) Lack of uniformity of ink;

b) Work of more than one pen or ink;
c) Crowding, uneven margin, & unusual spacing;
d) Removal & reinsertion;
e) Indication of more than one ribbon or typewriter, including the condition of the fabric of the ribbon;
f) Sharp variation in handwriting.

Obliteration- blotting out or smearing over of the writing to make the original invisible.
Restoration- the process of the development of erased writing or bringing out again.
This is the photographic methods by the use of filter, except when covered with black.

METHODS OF RESTORING OBLITERATED WRITINGS

1. To penetrate the covering layer photographically, so that the original writing lying beneath is thus revealed.
Photographic methods can succeed only if a difference in color or chemical composition exists between the
original writing and the covering material. Separation of color may be possible with the aid of photographic
filter, but it is useless when the ink is a true black.
2. To remove the covering material chemically, or with the aid of ultra-violate radiation or oblique lighting.
3. In cases where a white-out is used, careful inspection of the writing will reveal the obliteration. The original
writing can be read also with the aid of a transmitted light with infrared sensitive film and filters or with use of
solvents to weaken the cover and reveal the writing below.
Handwriting:

Natural
Disguised
Cursive
Hand lettering

Cortex of the brain- control vision, hearing, talking, and walking. It also guide the muscles of the hands.

agrapia- a disease which causes the individual to lose his/her ability to write.

Two muscles of the hand capable of movement:

1. Extensor muscles- push the pen to form an upward stroke.

2. Flexor muscles- push the pen to form the downward strokes.
The combination of these two muscles of the hand allows the individual to perform the lateral strokes
(sideward
CARE IN HANDLING DOCUMENTS:
1. Do not fold the document along new lines.
2. Bring the document to the laboratory at the soonest time.
3. Do not expose the document to excessive heat or strong light.
4. Do not handle the document excessively, and do not place it in your pocket.
5. Do not work on it unnecessarily.
6. Do not mutilate or damage.
7. Do not use or allow chemical application to treat or dust for latent prints.

CHARATERISTICS OF TREMOR OF FRAUD

1. Inequality of movement in any place in any stroke or line with strokes too strong and vigorous combined
with weak hesitating strokes.
2. Frequent interruption of movement.
3. Unequal distribution of ink on upward and downward strokes.
4. Varying pen pressure, due to change in speed & interruptions in movement, this may occur in the middle of
direct curves or even on the straight lines.
5. Too many pen-stops and pen-lifts on wrong places.

CHARACTERISTIC TREMORS OF AGE OR OF EXTREME WEAKNESS

1. Show unusual and erratic departure of lines from its intended course.
2. Abrupt recovery, a general inclination of muscular weakness and of movement beyond the control of the
writer, particularly on downward strokes.
3. Show awkward digression or distortions which may be due to imperfect sight.
4. Characterized by abbreviations or even omissions of parts of letters or even the whole word.
5. In the tremor of age often show very uneven alignment especially when the line intersect. In signature, it
shows apparent impatience and desire to complete disagreeable and painful act. Concluding or terminal strokes
are often made with nervous, haste and carelessness or may be distorted or abbreviated.
6.
FOUR (4) CATEGORIES OF DOCUMENT

1. Public Document-an instrument authenticated by a notary public or competent official with the formalities
required by law; or an instrument executed in due form before a notary public certified by him; or one that
which is made by a notary public in the presence of parties who execute it with the assistance of two (2)
witnesses.
2. Commercial Document-under Article 172 of the Revised Penal Code, these are instruments which are used
by the merchants or businessmen to promote or facilitate trade or credit transaction. The term also include
letters, notes or papers issued in the course of business transactions, quedans, bonds, books of accounts and in
general any negotiable instruments. It is any document defined and regulated by the code of commerce or any
other commercial law.
3. Official Document- a document which is issued by a public official in the exercise of the functions of his
office. An official document is also a public document.
4. Private Document- a deed or instrument executed by a private person without the intervention of a notary
public or other persons legally authorized, by which document some disposition or agreement is provided
evidence as set forth.

IDENTIFICATION OF SIGNATURES

The identification or the so called verification of signatures is a specialized branch or handwriting examination.

The identification principles and pointers in general handwriting set forth and discussed earlier herein
fundamentally remain the same in the identification of signatures, however, certain characteristics and factors
must be given careful consideration because of the following reasons:
Known signatures may contain elements and features not common to the writer’s other classes of writing;
a) Factors of identification given closest study in signature examination may not be given the same special
emphasis in general writing.

A simple signature may represent thousand or even millions of pesos, and such minute stroke of a few letters of
a genuine signature may thus represent tens or even hundreds of thousands of pesos. It is, therefore, natural and
necessary that every minute phase of this small production of the human hand and the human brain should be
analyzed and scrutinized every possible way.

A signature is a combination of rather limited letters and designs due to its frequent use, it become almost
automatic with many writers.

The identification of signature depends very largely on the manner it is written.

While design or form of letters are the eye-catching features the forces or factors that contribute to the manner
of writing of identification

The individual writing movement and the skill employed in the execution of the signature itself. A combination
of the following factors provides a full description of the individual writing movement in the execution of the
signature.
1. A continuous writing movement-or the opposite, a writing movement interrupted at intervals by either pen
stops or actual pen lift.
2. Rhythmic, or the opposite, jerky pattern of writing.
3. Shading and pen emphasis on particular strokes.
4. Overall writing pressures.
5. Speed of execution.
6. Smooth or angular connecting strokes between letters.
7. Starting of the initial writing movement before or after the pen contracts the paper and the corresponding
condition at the termination of the word.
A person, in writing his signature, produces a particular pattern which contain personal concepts of design
which, when often repeated serves to distinguish his signature from all others.
Elements which constitute general forms of signature include the following:
a) Design of letters
b) Slant of letters
c) Relative size of capitals; single-space letters and those which follow the base line or above, the height of a
single space.
d) Ornamentation of form
e) Arrangement of different parts of the signature with respect to the balance of it.

The identification of signature is based on the combination of the two (2) personal attribute of:
a) form
b) Line quality
If a questioned signature agrees with the standards in all identifying elements, then it can be concluded that it
was written by the same person.

If on the other hand, significant differences exist between the standards and the questioned signatures, they
must be the work of two different writers, and the difference between them have to be of fundamental nature
and no mere variations which are normally found between two signatures of any writer.

No two specimens of a person’s signatures are absolutely identical. The signatures normally vary from each
other in some details and the degree which they vary from each other depends upon the individual writer and
the conditions under which each signature was written. As pointed out in “Standards of Comparison”, it is
because of the normal variations in signature that several

signatures should be used to identify the one in question.

In the identification, the known or sample signature must necessarily establish accurately the range of
variation, and then it is necessary to determine whether the identifying qualities of unknown signature fall
within these limits. Natural variation between several signatures if the same person plays an important role in
the process of identification. In most cases, the extent of variation in writing even becomes a characteristic
peculiar to the writer.

FORGERY OF SIGNATURES

A forged signature is the signature of another person or a fictitious person, written by a person who has no
authority to do so, with intent to defraud.

Classes of Disputed Signatures:

1. Forged signatures where no attempt has been made to make a copy or facsimile of the genuine signature.
2. Forged signatures of fictitious persons.
3. Forged signature which resemble the genuine signature since they have been produced by a tracing process (
Traced forgery).
4. Forged signature which resemble the genuine signature written free-hand.
5. Genuine signature obtained by trickery.
6. Genuine signatures deliberately written illegibly or in an unusual manner, to afford signatories some
plausible grounds for disclaiming them should only deemed it expedient.
The forger produces fraudulent signatories, from the elementary process of merely writing the name(without
attempt of making a close resemblance of the genuine signature) to the more complicated process of a
simulation or tracing in an effort to produce facsimile of the genuine signature.

KINDS OF FORGERY
1. Simple Forgery
2. Simulated Forgery
3. Traced Forgery

SIMPLE FORGERY

This kind of forgery is best termed as “SPUROUS SIGNATURE”. In committing fraud, the forger who is
confronted with the absence of a genuine signature (or a model) will not endeavor anymore to produce a
facsimile of the genuine but merely signs the name in his own, or in a modified (disguised) handwriting and
then contrive some means of passing the documents to his own gain before the obvious fraud is discovered.
This is commonly employed in the case of fictitious persons, this system employed by the check thief who
steals, endorses, and passes government, corporation or other checks, or who procures printed check forms,
completes and endorses then with fictitious signatures in order to make them pass on as genuine.

The determination of the fraudulent nature of this kind of forged signatures becomes very elementary once
standards of the genuine signatures are obtained.

With sufficient standards the identity of the forger, thru his handwriting may be possibly determined.

SIMULATED FORGERY
This is a simulation, copying or animation of a genuine signature or writing as to assemble the model.
Before separate discussions of simulated forgery and traced forgery are herein made, the following background
points are given in relation to these two kinds of forgery which are strictly the strange process of writing in
place of the well founded, usual writing movement employed in genuine writing.

The forger labors under a stranded mental and muscular condition that makes it difficult, is not altogether
impossible to do his work in a skillful manner brought about by:
1. The realization that forgery is a criminal act;
2. Fear of discovery which certainly result to punishment;
3. Painful anxiety to do the work well.
To be able to forge successfully, one must:

1. Be able to see significant characteristics of the writing of another;

2. Have the muscular skill necessary to reproduce the writing imitated;
3. Be able to eliminate, at the same time all the characteristics of his writing.

Forgery is apt to show failure in these phases of performance.

The necessity of adjustment of impulses disturbed when muscles become tense as a result of extra effort to
produce a good forgery, and the best results can be achieved only when muscles are somewhat relaxed so that
all work is in harmony.

Simulation and also tracing, gives attention to conspicuous features of form only, not to the many other details
and elements entering into the process.

Developed natural writing which is an almost automatic act that follows the fixed grooves of habit becomes
necessarily stained when attention is given to it.

In SIMULATED FORGERY, the forger has a model (genuine signature) before him which he is going to copy.
Often he undertakes some practice before he proceed to his work of simulation or imitation.

In rarer instances where the forger cannot avail of a genuine signature for a model, he may rely on a mental
pattern of the signature which he may have owing to long acquaintances of association with said signature.

TYPICAL DOCUMENT PROBLEMS:

a) The identity of the writer of the document.

b) The determination, removal or decipherment of erasures, interlineations, deletions, additions, and other
alterations.
c) The age of the document.
d) The source of the paper.
e) The source and age of typewriting.
f) Comparisons of handwriting and typewriting.

DOCUMENT EXAMINATION

a) Examination by the Investigator:

The investigator may perform limited examination of the evidence document in cases, such as involving
anonymous letters, where the authorship is questioned. He should study the document and compare it with any
available standards. His attention should be directed to the contents of the letter, similarities in writing, typing,
spelling, locutions, punctuations, and the type of paper. Immediate precautionary action or investigative leads
may be indicated as a result of this study. Conclusion regarding the document should remain within the
province of the expert.
c) Laboratory Examination:
The expert employs scientific techniques & appropriate instruments in the laboratory. Examinations may
involve microscopy, chemical analysis, micrometry, colorimetry,

photomicrography, ultraviolet, and infrared photography.

HANDWRITING IDENTIFICATION
The questioned document cases usually concerned with proving of authorship. The following determinations
may be involved in comparisons of handwriting:
1. Whether the document was written by the suspect.
2. Whether the document was written by the person whose signature it bears.
3. Whether the writing contains addition or deletions.
4. Whether a document such as bill, receipt, suicide note, or check is a forgery.

PRINCIPLES UNDERLYING HANDWRITING COMPARISON

“ NO TWO PRODUCTS OF MAN OR NATURE ARE IDENTICAL, AND DIFFERENCES ARE

PERCEPTIBLE IF A SUFFICIENTLY CLOSE STUDY IS MADE.” Through years of practice each
individual acquires permanent habits of handwriting. The group of characteristics which form his script
constitutes and identifiable picture. In comparing the questioned and standard specimen, characteristics of
sufficient kind and number which are common to both must be established and there must be no unexplainable
differences.

HANDWRITING CHARACTERISTICS WHICH SERVES AS THE BASIS IN EXAMINATION

1. Quality of Line. The lines which form the letter will vary in appearance with pen position, pressure, shading,
rhythm, tremor, continuity, skill and speed.
2. Form. The formation of letters is highly characteristic. Slant, proportions, beginning and ending strokes,
retracing, and separation of parts will vary with different persons. Ornamentation and flourishes at the
beginning and end of the words and sentences are peculiarly individual.
3. Spacing. Letters words and lines are separated in a consistent fashion.
4. Spelling and Punctuation. The degree and kind of education will determine these elements.

Another book enumerated these characteristics as:

a) Slant- which refers to the slope of the handwriting in relation to the baseline. It is fairly a stable
characteristics and the average slant varies very slightly in writings which are done naturally.
b) Alignment- is the relation of successive characters or elements of the words, signature or line to an actual
imaginary baseline.
c) Proportion- of the letter may refer to the proportion or apart to the other part of the letter or the relative
height of one letter to the other. This is one of the hidden features of writing as it is unknown writing of another
being simulated.

Proportion and Ratio

1. Normal- ½ size of the capital letter is the size of small letter.
2. High Proportion- more than ½ the size of capital letter.
3. Low Proportion- less than ½ of the size of capital letter is the size of small
letter.
d) Stroke or Structure- refers to letter to letter comparison.

TWELVE (12) METHODS/POINTS OF COMPARISON

Point 1- Uniformity
Point 2- Irregularities
• Are the strokes patched or retouched?
• Are there small marks near the strokes?
• Are the strokes wavering?
• Are the connecting strokes broken?
• Are the circle formations made up of separate strokes?
• Are there pen lifts?
• Are there vertical strokes mixed with a forward slant?
• Look for individualized strokes (not a sign of forgery) for identification.
Point 3- Size and Proportion
• What is the height of the overall writing?
• What is the height of the short letters in relation to the tall ones?
• Do the strokes diminish in size?
• Do they increase in size
• Are they narrow in proportion as they are tall?
• Does the sentence formation create a convex and concave baseline?
• Does the sentence formation consistently run uphill?
• Consistency runs downhill?
• Form converging “railroad track”?
Point 4- Alignment
• Do the strokes follow straight along the baseline?
• Do the letter strokes leave the baseline?
• Do the word strokes leave the baseline?
• Is the left margin essentially even?
• Is it jagged?
• Do the strokes hit the margin at an oblique angle
• How much space is there between capitals and small letters?
• Between separate capitals?
• Between word formations?
• In connecting strokes?
• Proportion of space breaks between letters?
Point 5- Spacing
• Are the strokes above and below the line balanced?
• How tall are the d and t stems in proportion to the rest of the writing?
• Are the strokes ill-formed?
Point 6- Degree of Slant
Point 7- Weight of Strokes
Point 8- T-Bars and I-Dots
Point 9- The Needle, the Wedge, the Round, the Flat
Point 10- Loops
Point 11- Circle Formations
Point 12- Initial and Final Strokes

THREE (3) BASIC MOVEMENTS/MOTIONS IN HANDWRITING

1. Clockwise motion
2. Counterclockwise motion
3. Straight line motion

WRITING INSTRUMENTS

a) Pens
b) Ballpoint pens
c) Pencils
d) Crayons, Chalk and Brushed

THINGS TO BE CONSIDERED WHEN OBTAINING HANDWRITING OR HAND PRINTING SAMPLES

FROM THE SUSPECT:

Obtain standards from dictation until it is believed normal writing has been produced. ( The number of samples
needed cannot be determined in advance)
1. Do not allow the suspect to see either the original document in question or a photograph of it.
2. Remove each sample from the sight of the writer as soon as it is completed.
3. Do not give instruction on spelling, punctuation, arrangement, etc.
4. Use the same writing media such as type and size of the paper, writing instruments, printed forms (such as
checks, notes etc.)
5. Obtain the full text of the questioned writing in word for word order at least once, if possible. Signatures and
less extensive writing should be prepared several times, each time on different piece of paper. Obscene
passages, proper nouns, etc. may be omitted from the dictation.
6. In forgery cases the laboratory should also be furnished with genuine signatures of the person whose name is
forged.
7. Obtain samples with both the right and the left hands.
8. Obtain samples which are written rapidly, slowly, and at varied slants.
9. Obtain samples of supplementary writing such as sketches, drawings, manner of addressing an envelope, etc.
10. Include a statement that the samples are being given voluntarily. Writer should initial each page.
11. Witness each sample on the back, never on the front.
12. If readily available, samples of un-dictated writing should be obtained,, such as applications for
employment, social or business correspondence, school papers, etc.
13. The investigator should advise the document examiner concerning the suspects manner of writing, i. e.,
whether he was relaxed, whether he was writing slowly or rapidly, or apparently attempting to disguise all or a
portion of the handwriting.

The availability of adequate handwriting samples will allow more suitable examination which will result into a
greater number of definite conclusion and will therefore, also assist the expert witness a better presentation of
such conclusion in court.

TYPES OF INK

There are varieties of ink today in the market but a modern ink are usually of six (6) types:
a) Gallotannate Ink
b) Logwood ink
c) Nigrosine ink
d) Aniline ink
e) Carbon ink or colored writing ink
f) Ball point pen ink

PHILIPPINE BANKNOTES

The main engraved components of each value of the notes may be enumerated as follows:
1. A portrait or portraits on the front with finely engraved backgrounds.
2. A border and value panel, constructed of security white line geometric patterns.
3. Lettering, shading and ornamentation of varied depth and fineness of line.
4. Security “black line” geometric patterns, also known as “guilloche” work.
5. Finely engraved vignettes on the back.
6. Subsidiary printings.

HOW TO DETECT COUNTERFEIT CENTRAL BANK NOTES

Study the workmanship of each denomination of known genuine Central Bank Notes. Take note and
familiarize yourself with the various characteristics of the following features:
1. Distinctive feel
2. Portrait
3. Watermark in Filipino notes
4. Red and blue fibers widely distributed on the paper
5. Broken thread vertically arranged on the left side of the Filipino notes
6. Lacework design
7. Color of each denomination
8. Color, style and size of serial number
9. Vignette; and
10. Cleanness of print
DOMINANT COLOR FOR EACH DENOMINATION

100 peso-Mauve
50 peso- Red
20-peso-Orange
10-peso- Brown
5 peso- Green
1 peso- Blue

GLOSSARY:

Abnormal Writing Condition- is a writing executed not in a normal condition, such as standing, walking, lying
position.

Alignment Defects- Includes characters which write improperly the following respects: twisted letter,
horizontal or vertical mal-alignment, and a character off-its-feet.

Altered Documents- it is one that contains some changes, either as an addition or deletion.

Angular Style of Writing- a writing wherein most part specifically the upper and lower strokes forms an angle
or wedge.

Arc- is the bend, crook or curve on inner side of a loop of letters such as “b”, “c”, “n”, and “p”. It also refers to
any arcaded form in the body of letters “c”, “a”, “s” and “o”.

Ascender- is the top portion of the letter or upper loop of letters such as; b, d, l, f, I, and k.

Ballpoint pen- a pen with a tiny rotating ball that pick-up supply of ink by contact on the reservoir and then
transmit it to the paper.

Baseline-is the ruled or imaginary line in which the letter rests.

Benzene method- a chemical method of ink examination.

Block Style of Writing- is characterized by writing in which all the letters are in capital or printed.

Blunt- is the beginning and ending stroke of both small and capital letters, wherein the pen touched the paper
without hesitation, beard , hitch or knob.

Body – is that part of the letter which ordinarily forms a small circle, usually lies on the line of writing such as
bodies of a, o, d, g, p, and q.

Bowl-is the fully rounded oval or circular formation in a letter which is complete in “o” and modified in b, d, p,
and r.

Buckle knot- is the horizontal loop that are used to complete such letters as a, b, h, and k.

Cacography- is characterized as bad writing.

Calligraphy-is the art of beautiful writing.
Carbon Impressions- any typewriting which is placed on the paper by the action of the typeface striking
through carbon paper.

Carbon Inks- consists of a finely ground carbon particles suspended in water.

Copy Book Form- it is the basic form and design of letters which is fundamental to our writing system.

Decipherment- is the process of making out what is illegible or what has been effaced. It refers to the process
of searching or making out the material which is illegible without actually developing or restoring the original
writing on the document itself.

Defects- are any abnormality or maladjustment in a typewriter which is reflected in its work and which led to
its individualization and identification.

Descender- is the lower portion of the letter or lower loop of g, j, q, y, and p.

Diacritic- is an element added to complete a certain letter such as “dot” on small “i”, j, bar on “t” and accent
mark on foreign language.

Disguised writing- when the writer tried to deliberately alter his usual writing habit in the hope of hiding his
identity. The result irregardless of its effectiveness is termed as disguised writing.

Display exhibit- describes a greatly enlarged photographic court exhibit which is made to such size that it must
be placed upon an easel before the jury box.. These are also called bromide enlargements.

Disputed document- means that there is argument or controversy over the document.

Document- is any material having marks, signs, symbols, which are either partially visible or invisible which
may ultimately convey meaning to someone or a printed or written paper containing a record, statement or an
instrument containing inscription.

Document Examiner- one who studies scientifically the details and elements of documents in order to identify
their source or to discuss other fact concerning the same.

Ductus Broken or Junction Broken- refers to the disconnected or non-continuous strokes between two letters.

Ductus Link or Junction connection- a continuous line that connects or joins two letters.

Efface – to rub out, to strike or scratch out or to erase.

Erasure- the removal of writing, typewriting, or printing from the document.

Examination- is the art of making a close and critical study of any material and with questioned document as
the process necessary to discover the facts about them. Various types are undertaken including microscopic,
visual, photographic, chemical, ultra-violet and infra-red examinations.

Exemplar- is a standard of writing of known authorship which can be used by the expert in comparison.

Expert Evidence- is the testimony of a person who is skilled or possessing knowledge of a particular
department of human activity.
Expert Witness- a legal term used to describe a witness who by reason of his special, technical training and
experience is permitted to express an opinion regarding an issue or a certain aspect of issue that is involved in a
law suit.

Eye loop or Eyelet- is a small loop formed by strokes that extends in divergent direction as in b, c, f, k, p, r, s,
w and z.

Flexibility of penpoint- the quality of the nib pen that varies with the different pens and can be measured by the
amount of pressure necessary to cause a spreading of the nibs or a given degree of shading.

Flying start and flying finishes – when the motion of the pen proceeds the beginning of the stroke and continue
beyond the end to a vanishing point is found in free natural writing and as a rule is an important indication of
genuineness.

Foot – is the base or bottom of a letter that lies on the line of writing.

Forgery – a legal term which involves not only a non-genuine document but also on intent on the part of the
marker defraud. Outside of the courtroom, however, it is used synonymously with fraudulent signature or
spurious document.

Form of blindness – there are people who lacks the ability to differentiate forms, size, letter configuration,
design and angle.

Fountain pen – is the modern nib pen which contains a reservoir of ink in a specially designed sack or chamber.

Freehand imitation or simulated forgery – a fraudulent signature which was executed by simulation rather that
by tracing the line of a genuine signature can be referred to as executed in free hand imitation.

Gooping of ballpoint pen writing – is the excess of globules of ink oftentimes deposited after a sharply curve
stroke or the point of an abrupt change of writing direction.

Graphology – is the art of determining character, disposition and aptitude of the individual from the study of
handwriting.

Guided hand signature – signature actually produced by the cooperation of two hands and two minds. A
seriously ill-testator sometime ask someone for assistance in affixing his signature, generally then, abnormally,
clumps disconnection, uneven alignment and illegibility are indication of genuineness and the opposite
condition are evidence of lack of genuineness.

Habit lettering – a disconnected style of writing in which each letter is written separately is a form of hand
lettering or hand printing.

Habit – a writing habit in any expected elements of defect which may serve as identifying characteristics in
individualize writing.

Hand exhibit – described a photographic court which is designed to be held and examined by the individual
juror or pair of judges.

Handwriting – is the result of very complicated series of act, being as a whole, a combination of certain forms
of visible mental and muscular habit acquired by long continued painstaking effort.

Handwriting – is the result of a bodily movement, which is almost unconscious, of fixed muscular habit
reacting from fixed mental impression of certain idea, associated with script form.
Handwriting – extended writing

Handwriting – Block-style.

Hesitation – is the term applied to the irregular thickening which is formed when the writing slows down or
stops while a penman takes stocks of the position.

Hiatus – may be regarded as a special form of pen lift distinguishable in that a perceptible gap, appeared in
writing, though sometimes hiatus are caused by failure of ink to register on a paper due to speed of writing
movement.

Hitch – is the introductory background stroke added to the beginning of any capital letter. It is also seen
occasionally in introductory strokes of some small letters.

Holographic document – any document completely prepared, written and signed by the person without the
assistant of a lawyer.

Hook – a minute and involuntary talon-like formation often found at the commencement of an initial upstroke
or at the end of terminal stroke.

Individual Characteristics – characteristics highly individualize or peculiar to an individual writer or

characteristics which are highly personalize and unlikely to occur in other instances.

Infrared Examination – infrared examinations of document employ invisible radiation beyond the red portion
of the visible spectrum(rainbow) which is usually recorded on specially sensitized photographic emulsion

Infrared Photography – the principle in infra-red photography as a means of preparing photographic evidence is
based upon the fundamental facts that different substances which looks alike to the naked eye but are of
different chemical component may have a varying ability, reflect or transmit infra-red rays and hence, will not
appear alike when photographed by infra-red rays.

Initial Emphasis – is the greater pressure on stroke or the initial stroke.

Ink – is a fluid or viscous marking material used for writing or printing.

Ink Analysis – the application of chemicals on ink to determine its component whether or not it came from the
same source.

Ink Eradication – consist of the chemical solutions which are capable of bleaching ink.

Ink Flow back – ink sometimes will flow back on stroke from a shaded to an unshaded portion giving the
appearance of two ink film. Logwood ink sometimes shows these characteristics. Such flow back of an ink
should not be mistaken from a retouching or patching. The condition is readily distinguishable from an actual
patching by this accurate fitting together of the lines.

Insertion or Interlineations – include the addition of writing and other material between lines or paragraphs, to
the addition of whole pages to a document.

Inside or Middle Letter – letter between the initial and terminal stroke.

Intersection – is the meeting of two lines which intersect.

Iodine Fumes – a kind of chemical examination of ink erasure.
Junction – is the meeting of two lines which do not cross.

Knob – is the extra deposit of ink in the initial and terminal stroke due to the withdrawal of the pen from the
paper.

Lead or Graphite – is the substance in the pencil commonly made up of tetanium chloride, sulfite and ion that
produce.

Legal Tender Philippine Currency-Notes and coins issued and circulating in accordance with R.A. 266 as
amended by R.A. 7653, which when offered for the payment of private or public debt must be accepted.

Lens – consist of one or more optically ground glasses which focus light rays similar to the pupil of the eyes
and to focus an image of the object being photographed or the film surface.

Ligature – a stroke connecting two letters.

Line quality – it is the condition of the pen line itself. Good line quality is characterized by smoothness of
writing, regularity of curves and shades. It results from the writer’s being largely unconscious of the actual act
of writing and concentrating instead of what is being written. Poor line quality, on the other hand, is the result
of the writer’s given too much attention to the actual process of writing.

Majuscule – a capital letter.

Misalignments – synonymous with the term “alignment defect”.

Microscopic Examination – any study or examination which is made with the microscope in order to discover
the minute physical details.

Miniscule – a small letter.

Model signature – a genuine signature which has been used in imitation or traced forgery.

Movement – it is the most important elements of handwriting. It embodies the factor related to the motion of
the writing instrument, skill, speed, freedom, hesitation, rhythm and emphasis. The manner in which the
writing instrument is moved, that is, finger movement, hand movement, arm movement and whole arm
movement.

Movement impulse – this refers to the uniformity and continuity of strokes. Forged writing is usually produced
by a broke movement to or maybe more interrupted motion or movement impulse than genuine writing.

Natural variation – this are normal and natural deviation found between repeated specimens of an individual
handwriting.

Natural writing – any specimen of writing executed normally without any attempt to deviate from his norm,
control or alter its identifying habits in its usual quality of execution.

Non-acqeous ink – an ink which the pigment or dye is carried in any vehicle other than water. Inks of this class
are found in ballpoint pens, typewriter ribbons and stamp pads and all widely used in the printing industry.

Oblique or side lighting examination – an examination with the illumination so controlled that it gazes or
strikes the surface of the document from one side at a very low angle.

Obliteration – the blotting out or smearing over of writing to make the original invisible or undecipherable.
Off its feet – a condition of typeface writing heavier either one side or corner than over the remainder of its
outline.

Opinion – the document examiner’s conclusion. In court, he does not only expresses an opinion but
demonstrates his reason for arriving at his conclusion.

Paper analysis – the application of chemicals on the paper to determine its component whether or not it came
from the same source.

Patching – going back over a defective writing stroke or an attempt to improve an imitation.

Pen – a writing instrument used to apply inks to the paper.

Pencil grade – is the quantitative description of the hardness or softness of a pencil that is how a dark stroke is
capable of making.

Pen lift – an interruption in a stroke caused by removing the writing instrument (pen) from the paper.

Pen nibs – the two divisions or points which from the writing portion of the pen.

Permanent defects – an identifying characteristic of a typewriter which cannot be corrected by simply cleaning
the typeface or replacing the ribbon.

Photomacrographs – a similarity enlarged photograph prepared from a camera with the use of macro lens.

Photomacrography– this is the process of obtaining a magnified photograph of a small object without the use of
microscope but, by using a short lens and a long below extension.

Photomacrograph – is a photograph with a magnification of, from two to fifty times the original size.

Photomicrograph – is a photograph made through a compound microscope or stereoscope and may be a greatly
enlarged image of minute details or of a small area.

Photomicrography – this is the science of obtaining photographic magnification of a minute object by using
camera attached to a compound microscope. The camera lens is removed because the microscope lens forms
the image.

Platen – the cylinder which serves as the backing for the paper and which absorbs the blow of the typeface.

Proportional spacing typewriting – a modern form of typewriting which resembles printing in that all the
letters, numerals, an symbols do not occupy the same horizontal space as they do with the convectional
typewriter.

Qualifications – the professional experience, education and ability of document examiner combine to make up
his qualifications.

Quality – is a distinct or peculiar character. It is used in describing handwriting to refer to any identifying
factor which is related to the writing movement itself.

Rebound – is a defect in which the character prints a double impression with the lighter one slightly offset to
the right or left.
Rebutting evidence – is that evidence that counter act, to repeal or destroy evidence, or disproved the evidence
by either side.

Restoration – describes any process in which erased writing is developed or brought out again on the document
itself.

Retracing – any stroke which goes back over another writing stroke.

Safety paper – this term is applied to paper which has been treated in such a way as to minimize the chances of
successful forgery by erasure whether mechanical or chemical being carried out in any document which forms
the basis.

Script writings – are characterized by writing which are not point together or disconnected.

Secret inks – a material used for writing which is not visible until treated by some developing processes or
substance can serve as a secret or sympathetic ink.

Sequence of stroke –the order in which the writing stroke are placed on the paper.

Shading – is the widening of the ink stroke due to added pressure on a flexible pen point or to the used of a
stub.

Significant writing habit – this term is applied to any characteristics of writing which is sufficiently unique and
well fixed to serve as fundamental point of identification.

Slant – is an angle or inclination of the axis of the letters relative to the baseline.

Speed of writing- the motion of a writing instrument characterized by slow, moderate or rapid. Writing speed
cannot be measured precisely from finished handwriting but can be interpreted in broad terms of slow,
moderate or rapid.

Spurious signature – describes as fraudulent signature in which there was no apparent attempt of simulation or
imitation.

Standard – are those things whose origin are known, can be proven and which can be legally use for
comparison with other things in question.

Surface texture or paper – the surface of any sheet of paper when viewed under magnification is not absolutely
smooth and flat, but is irregular and rough.

Synthetic dye inks or aniline inks – any ink which consists simply of a dye dissolved in water together with the
necessary preservatives.

System of writing – the combination of basic design of letters and the writing movement as taught in school
make up the person’s writing skill.

Testimonial evidence – is the oral testimony of a man or an expert in court or written affidavit by an ordinary
witness.

Traced forgery – any fraudulent signature which was executed by actually following the outline of a genuine
signature in a writing instrument.
Transitory defects – an identifying characteristics which can be eliminated by cleaning the machine or
replacing the ribbon such as clogged typefaces.
Transmitted light examination – the document is viewed with the source of illumination behind it and the light
passing through the paper.

Tremors – a writing weakness portrayed by irregular,, shaky strokes.

(page 16)
Twisted letter – each letter and character designed to point at a certain fixed angle to the baseline, due to wear
and damage to the type bars and the type block, some letters become twisted so that they lean to the right or left
of their correct slant.

Typeface – the printing surface of the type block.

Typeface defects – any peculiarity of typewriting caused by actual damaged to the typeface metal.

Ultra-violet examination – ultra-violet radiation is invisible and occurs in the wave length just below the visible
blue (light) violet ends at the spectrum (rainbow). These visible rays react on some substances see that visible
light is reflected, a phenomenon known as fluorescence. Thus, ultra-violet examination may be made visually
or photographically by recording either the reflected ultraviolet or invisible radiation.

Ultra-violet photography – the utilization of ultra-violet rays in document photography to restore or uncover
writings, writings which have been erased chemically or mechanically or in the detection of substitution, over
writing, superimposition, and secret writing.

Vertical Misalignment – a character printing above or below is proper position.

Watermarks – a certain paper are marked with a translucent design a watermark, impressed in them during the
course of their manufacture.

Writing Conditions – include both the circumstances under which the writing was prepared and the factors
which influence the writer’s ability to write at the time of execution.

Written impressions – the small writing indentations completely devoid of nay pigment. They may be found a
sheet of a table paper which was immediately below the one on which writing was done, or they may be remain
after pencil or typewriting has been erased.

Wrong-handed writing – any writing executed with the opposite hand from that normally used. Thus, the
writing of a right handed person which has been executed with his left hand accounts for the common
terminology for this class of disguise in “left handed writing”.

Counterfeit Note-An imitation of a legal and genuine note intended to deceive or to be taken for that which
original, legal & genuine.

Counterfeit Coin- an imitation or forged design of a genuine and legal coin regardless of its intrinsic value or
metallic composition, intended to deceive or pass for the genuine coin.

Section 9, R.A.7653- reproduction of facsimile- size less than 3/5 or more than 11/2 times in size of the
currency note being illustrated.

Types of US Dollars:

Federal reserve Note – those with green treasury seal and serial number.
Dollars with number and letter representing the Federal Reserve District in which that bank is located:
1- Boston Massachussetts – A 7- Chicago Illinois –-- G
2- New York, New York - B 8- St Louis Missouri---H
3- Philadephia, Penn. - C 9- Minneapolis, Minn.-I
4-Cleveland, Ohio - D 10- Kansas City , Miss.-J
5- Richmond Virginia -E 11- Dallas, Texas--------K
6- Atlanta, Georgia - F 12- San Francisco, Calif- L
(Page 17)
US Note – with red Treasury seal & Serial Number
Silver Certificates- with Blue Treasury seal & Serial Number

Portrait
$ 1- George Washington $ 50- Ulysses Grant $ 10,000- Salmon Chase $ 2- Thomas Jefferson $ 100- Benjamin
Franklin
$ 5- Abraham Lincoln $ 500- William McKinley
$ 10- Alexander Hamilton $ 1000- Grover Cleveland
$ 20- Andrew Jackson $ 5000- James Madison
QUESTIONED DOCUMENT EXAMINATION
"The handwriting on the wall may be a forgery" (Ralph Hodgson)
A "questioned" document is any signature, handwriting, typewriting, or other mark whose source or
authenticity is in dispute or doubtful. Letters, checks, driver licenses, contracts, wills, voter registrations,
passports, petitions, threatening letters, suicide notes, and lottery tickets are the most common questioned
documents, although marks on doors, walls, windows, or boards would also be included by definition.
QDE, or Questioned Document Examination, has been a profession at least since 1870, and frequently is found
in cases of forgery, counterfeiting, mail fraud, kidnapping, con games, embezzlement, gambling, organized
crime, white collar crime, art crime, theft, robbery, arson, burglary, homicide, serial murder, psychological
profiling, and deviant sex crime. A number of famous cases over the years, some involving wrongful
conviction -- the Dreyfus affair; Bruno Hauptmann and the Lindbergh Kidnapping; the Hitler Diary profiling
controversy; and Clifford Irving's forgery of Howard Hughes signature and Mormon documents -- were
showcases for the talents of various experts at QDE. It's strength, drawn from civil law, is that expert opinion
can overturn (alleged) eyewitness opinion

SOME FAMOUS FORGERS & FORGERIES

Major George Byron (Lord Byron forgeries)
Thomas Chatterton (Literary forgeries)
John Payne Collier (Printed forgeries)
Dorman David (Texas Dec. of Independence)
Mark Hofmann (Mormon, Freemason forgeries)
William Henry Ireland (Shakespeare forgeries)
Clifford Irving (Howard Hughes forgery)
Konrad Kujau (Hitler Diaries)
James Macpherson (Ossian manuscript)
George Psalmanasar (Literary forgery)
Alexander Howland Smith (historical documents)
Thomas James Wise (Printed forgeries)
Unknown (Documentary Photos Billy-the-Kid)
Numerous (Biblical forgeries)
Historically, QDE has been somewhat of an inclusive profession, even to the point where so-called pseudo-
experts (in palmistry and fortune-telling) were sometimes welcome, and even today, it suffers from a bit of
identity crisis in that at least eight (8) different, or related, areas can be identified:
• Questioned Document Examiners -- A document examiner analyzes any questioned document and is capable
of more than just questions of authorship limited only by their access to laboratory equipment
• Historical Dating -- These is work involving the verification of age and worth of a document or object,
sometimes done by a document examiner, and can get as complicated as Carbon-14 dating
• Fraud Investigators -- This is work that often overlaps with that of the document examiner and focuses on the
money trail and criminal intent
• Paper & Ink Specialists -- These are public or private experts who date, type, source, and/or catalogue various
types of paper, watermarks, ink, printing/copy/fax machines, computer cartridges, etc., using chemical methods
• Forgery Specialists -- These are public or private experts who analyze altered, obliterated, changed, or
doctored documents and photos using infrared lighting, expensive spectrograph equipment, or digital
enhancement techniques
• Handwriting Analysts -- These are usually psychology experts who assess personality traits from handwriting
samples, also called graphologists or grapho-analysts; Forensic stylistics refers to the same purpose but by
looking at semantics, spelling, word choice, syntax, and phraseology.
• Typewriting Analysts -- These are experts on the origin, make, and model used in typewritten material
• Computer Crime Investigators -- This is an emerging group that relates to QDE through some common
investigative and testimonial procedures.

33 Likes11 Comments35 Shares

Sjtit-Criminologist Batch 2011

· April 16, 2012 ·

INDUSTRIAL SECURITY MANAGEMENT

Part 1. Historical Background of Industrial Security in the Philippines

PADPAO – stands for the Philippine Association of Detective and Protective Agency Operators.
It is a non-stock private organization, and it was formed in May 1958.

R.A. 5487 – is an act that regulates the organization and operation of the private detective, watchmen or
security guard agencies.
- it is known as Private Security agency Law.

Before R.A. 5487 there is no law, what they need is only a permit from the city or municipal mayor to hire a
security guard.

PCSUSIA – Philippine Constabulary Supervisory Unit for Security and Investigation Agencies – was formed
as a result of the approval of R.A. 5487, which directs the Chief PC to issue rules and regulations concerning
the implementation of R.A. 5487
- later was change to PNPSOSIA- when the Philippine Constabulary was dissolved and the personnel was
merged to the PNP.

PNPSOSIA – PNP Supervisory Office for Security and Investigation Agencies – before it is responsible for the
issuance of implementing orders regarding the rules and regulations affecting security agencies operation.
At present
PNPSAG/SD – PNP Security Agency Guards/ Supervision Division – for national and
PNP FE/SAGS – PNP Firearm and Explosives/ Security Agency Guard Services – for local
- it directs the Chief of PNP to issue rules and regulations concerning the implementing rules of R.A. 5487.
Effectivity date – Oct. 3, 1972 and Jan. 17, 1975 and amended by P. D. # 11 and 11A
- and again amended in 2003 with Title 2003 Revised Rules and Regulations Implementing R.A. 5487 as
amended.

Part 11. Security.

Purpose of Security – is to protect the establishment from any form of losses as a result of theft, robbery,
pilferage, sabotage, espionage, accident, fire and subversive activities.

What is Security?
Security – means the defense against crime.
- or a state of being free

What is a Victim?
- is the crime target

What is Victimology?
- is the study of victim

Different Types of Security:

1. Physical Security – is a system of barriers placed between the potential intruder and the matter to be
protected. It is considered as the broadest type of security.
- is concerned with the physical measures adopted to prevent unauthorized access to equipment, facilities,
material, and documents, and to safeguard them against espionage, sabotage, damage and theft.

Types of Physical security;

1. Active- by using different types of barriers.
Methods used;
a. Overt method b. Covert method
2. Passive- by using psychological approach

2. Communication Security – is the protection resulting from the application of various measures which
prevents or delay the enemy or unauthorized person in giving information through the communication system.

3. Hotel Security – is the protection resulting from the application of various measures which safeguards hotel
guests and personnel, hotel property, and functions in hotel restaurants, bars and clubs.

4. Bank Security – is the protection resulting from the application of various measures which safeguards cash
and assets which are in storage in transit and during transactions.

5. Document Security – is physical security that involves the protection of documents and classified papers
from loss, access to unauthorized person, damage, theft and compromised through disclosure.

6. Personal and VIP Security – involve in the protection of top ranking official the government, visiting
persons of illustrious standing and foreign
dignitaries.

7. Crisis Security- is the protection of the rich person, industrial magnates, political leaders against kidnapping
for economic, political, emotional or nationalistic purposes.
8. Industrial Security- various measures to safeguard factories,
manufacturing establishment, etc.
9. Operational Security- is physical which deals with the protection of
processes, formulas, patents and other activities.

10. Other special type of security- these type of security are adaptations, variations, innovations and
modifications of physical security which are follows, to wit:

a. Air cargo security

b. Supermarket
c. School Security
d. Personnel security

Security Hazard- is any act or condition, which may result in the compromise of information, loss of life, loss
or destruction of property, or disruption of the objectives of the installations.

Types of Security Hazards:

1. Natural Hazards- types of hazard, which the mere cause is the natural phenomenon. Ex. Storm, earthquake,
typhoons, floods, fire, lighting etc.

2. Human/Manmade Hazard - which is actually the act of omission or commission both overt/convert by an
individual or group of an individual.
Ex. Espionage and sabotage-because of the state of mind of an individual

Different types of barriers/Obstacles

1. Natural- mountain, forest, water or in nature.
2. Human
3. Animals
4. Structural- manmade obstacles
5. Energy- alarm system

Factors to be considered in providing the kind and degree of security.

1. Relative Critically- the importance of the product or services that the company is giving or producing.
2. Relative Vulnerability – how susceptible the establishment for the particular sabotage, espionage, etc.

Factors to be considered in providing security for the establishment.

1. Size, shape and location

2. Number and character of people
3. Kind of product

Espionage- an act of gathering information

Espion – French word- which means spy

- This is used to estimate or determine the best possible means of sabotage.

Spy – is the agent of Espionage. They are very dangerous because of their skill in deception and undercover
works.

Methods used by the Agents of Espionage.

1. Stealing or buying information from the employees.
2. By using various form of threats or extorting information’s.
3. By means of blackmail.
4. Obtaining or gaining information from social gathering.
5. By the use of fake organization as a front.
6. Stealing records or documents.
7. By means of subversive activities.

Sabotage – is an act of destroying, damaging or any evil motives that will lead to stoppage of the normal
operation of the company, factory, plant and or establishment.

Sabot- French word – that means Wooden Slipper.

Saboteur – is the agent of sabotage.

3 types of Saboteur
1. Enemy agent
2. Traitorous person
3. Irresponsible person

Types of Sabotage
1. Mechanical Sabotage
2. Psychological Sabotage

Mechanical Sabotage – is an act wherein they used the object or substance within the area of an establishment.

Types of Mechanical Sabotage

1. Contamination – is a type where they used foreign materials to apply in the establishment.
2. Breakage – destroying the vital parts of a machine.
3. Substitution – Substitution or changing of formula to another, which will cause damage or destructions.
4. Omission – this is committed by means of a doing by an individual, which can cause destruction inside of
the company or establishment.
5. Abrasive – a special type of contamination, by using a type of material that will grind metals.

Explosives – substances that are easily exploded by means of heat, friction,

jarring or sparks. They are highly dangerous because of its damaging effect.

Reasons Why Explosives becomes popular to the Saboteurs;

1. Because of devastating or damaging effect.
2. Because of the availability of delaying devices/detonator.
3. Evidence will disappear and very hard to find.

Types of Explosives: According to their sensitivity.

1. Low Intensity Explosives – It is very sensitive to heat. It can be exploded by means of fire, friction or spark.
2. High Intensity Explosives – is detonated by means of shock, jarring or shake. These are from liquid.

Types of High Intensity Explosives;

1. Dynamite – from liquid it is manufactured and usually homemade and popularly used by illegal fisherman
and miners.
2. TNT (Trinitrotoluene) – popular in the military.
3. Plastic Explosives
4. Molotov Bomb
5. Stench Bomb – Chemical that is carried out by the racketeers and with disagreeable odor.

Nitro-glycerin – contains of nitro-acid, sulfuric acid and glycerin.

Types of Stench Bomb
1. Zinc Valerate – mix with alcohol, ether or warm water and place it in a vial or bottle. (White Powder)
Valeriana Acid – white crystal – Valeriana Officinales
2. Butyric Acid - double fermentation of sugar and milk.
3. Hydrogen Sulfide – it has a rotten eggs, or rotten fish smell or odor.

Arson – is the malicious burning of one’s property.

Objectives:
1. Fraud- losing- by burning the property they can recover from losing.
2. Revenge/Spite
3. Pyromaniac- a person who is fond of looking fire

Combustion- a chemical process by which the heat and flame will comes out.

Causes of fire
1. Flame
2. Gas or Electricity
3. Chemicals
4. Heat of the sun
5. Bacteria
6. Spark

Fire is classified according to their classes.

1. Class A Fire - are those disposed by ordinary combustible material – Fire extinguisher used is water.
2. Class B Fire - is disposed or composed of petroleum product- it serves as blanket to burning material.
3. Class C Fire - is disposed or composed of electrical energy or from electricity related fire- Fire extinguisher
used are dry chemicals and carbon dioxide
4. Class D Fire - composed or disposed by combustible metal-Fire Extinguisher used are powder talc and dry
seal.

What is the reason in classifying fire?

The reason is that in order to determine the types of fire extinguisher to be used.

Fire Fighting- to reduce the burning material.

Subversive activities- dealing with the weakness of a person.

Economic sabotage- activities of the business establishment against the

government.

Objectives of Subversive activities:

Is to determine the authority, to under weaken the organization in order that they can manage or take over the
organization.

Parts of Subversive activities:

1. Rumor mongering
2. Propaganda
3. Legal Action
4. Arm threats – used of force
5. Murder, Kidnapping, corruption of a certain employee or employees

Riot- refers to the unlawful assembly that resulted to violent disturbance of peace.

Causes of riot:

1. Panic
2. Strike
3. Mob- a promiscuous multitude of people, rude and disorderly.
Types of mob:
1. Aggressive mob
2. Escape mob
3. Acquisitive mob
4. Expressive mob
4. Crowd – Temporary congregation of people.
Types of crowd:
1. Physical crowd – temporary congregation of people without interest
2. Psychological crowd- temporary congregation of people with common interest in a certain thing.
Types:
a. Casual psychological – common interest only for short duration
b. International Psychological- common interest in a long duration

Pilferage- Petty theft

- one of the most annoying and common human hazard
- These activity must be immediately put in control

Types of pilferage:
1. Casual pilferage- one who steal due to inability to resist the unexpected opportunity or has little fear that
there is detection
- for souvenir
2. Systematic pilferage – one who steal with preconceived plan and take away things for all types of goods,
supplies or merchandise.
- for economic gain

Methods used:
1. Classic method
2. Uses fake documents
3. Removal of items
4. Disposal of the same

Limiting factors of pilferage:

a. Value of the item- very expensive
b. Ease of concealment – easy to cover
c. Transportation

KLEPTOMANIAC – The person who is fond of getting the property of other

people.
- there is satisfaction on the part of the person committing a crime.

Theft- is committed by any person who with intent to gain but without violence against or intimidation of
persons nor force upon things shall take personal property of another without the latter’s consent.
Simple theft- without violation of trust and confidence

Qualified Theft – taking the property of another with violation of trust and
confidence;
Example: maid, houseboy, salesgirl, or employees or any person that the victim has trusted.

Shoplifter- is those people or somebody who gets the things or property

displayed in the store without payment.

PROTECTIVE BARRIERS AND SECURITY LIGHTNING:

PERIMETER SECURITY- is the first line of security or defense.

- by establishing structural barriers fence, to protect the entire establishment.

Different enclosures used in the perimeter security.

1. Solid – they cannot see what is in the inside and those who are in the inside they cannot see also what is in
the outside.
2. Full View- you can see through the fences, or what’s going on inside and out.

Safety measures to be used.

1. 7 feet minimum height of the fence, on top is a barbwire.
2. Security Guard- to check the in and out of building and the people.
3. Protective lighting for safety protection.

Poor lighting – indirect action- lack of protection

Well lighted- psychological barriers- it gives more protection.

- so that they can notice and familiarize, they can immediately detect the particular intruder.
-
Factors to be considered in protective lighting.
1. Size, shape and location
2. Kind of product-variable, critical or plenty of loses
3. Protective advantage
4. Management policy-for security consciousness

Types of lighting system:

1. Continuous- non-stop
2. Stand by- operated manual by security guard or operated by an alarm system
3. Movable- search light
4. Emergency- use in case of emergency

Position of the protective lighting

1. Always focus on the approach
2. Must focus on the people not on the guard

Preventive measures- is the best approach.

1. Perimeter security
2. Carefully select the workers and employees;
a. Initial security
b. Background investigation
c. Analysis of previous employment or employment history
d. Personal investigation
e. Establishing rules and regulation
f. Regularly check the pulse of your workers

Preventive measures to help in the establishment free of hazards

1. Intelligence
2. Solved Grievance
3. Prevent the organization of opposition
4. Develop working relation with other local authorities.

Different entries that are need to be controlled by the security guards.

a. Restricted area- is an area access to which is subject to special restriction to the flow of pedestrian or
vehicular traffic to safeguard property or material.
b. Limited area- a restricted area containing a security interest or other matter in which uncontrolled movement
will permit access to such security interest or matter; but within which and controlled.
c. Exclusive area- a restricted area containing a security interest or matter, which is of such nature or of such
vital importance that access to the area of proximity resulting from access to the area, constitutes access to the
security interest or matter.

Clear zones- the exterior and interior parallel area near perimeter barriers of an industrial compound to afford
better observation and patrol movements.

Perimeter barriers- is a system of protection designed to restricted areas by unauthorized person.

Purposes of perimeter barrier:

1. Outline the perimeter of the area to be protected.
2. Create a physical and psychological deterrent to unauthorized entry.
3. Delay intrusion, thus facilitating apprehension of intruders
4. Assist in a more efficient and economical employment of guards
5. Facilitate and improve the control of pedestrian and vehicular traffic.

Opening in perimeter barrier.

1. The number necessary to handle peak loads of pedestrian and vehicular traffic
2. Gates- locks (seals) and seals
- Frequent inspection by guards
- Key control
3. Windows
4. Other openings
1. Sewer
2. Air and water intake
3. Exhaust tunnels
4. Electrical and common tunnels
5. Clear zones- exterior – 20 feet
- Interior- 50 feet
- If minimum clear zones is not possible
a. raise height of fence
b. add more lights
c. increase patrol
Types of physical barriers
a. Natural barriers- mountain, rivers, seas and terrain
b. Manmade barriers- structural construction, like fences, walls, floors, muffs and grills

Common types of physical barriers are;

a. Wire fences
b. Building walls
c. Bodies of water

Types of fencing
1. solid
2. full view- chain-link, barbwire

Security Planning:

Security Planning- is a corporate and executive responsibility. It involves knowing the objectives of security
and the means and methods to reach those objectives or goals must then be evolved. In short, security planning
is a decision-making process.

Contents of Security planning:

1. The situation- this part of security planning explains the historical background of the organization of its
security picture
2. The mission- this part of security will cover what the plan is all about and what it intends to do, This mission
is further subdivided into:
a. Purpose
b. Goals
c. Objectives
3. Execution- this part of security plan will explains and outline the concept of the security project
4. Administrative and Logistics- This part of the security plan involves listing of security equipment
5. Command and signal- this last portion of the security plan pertains to the channel of communication needed,
when implementing to the project until in full view.

SECURITY SURVEY

Security Survey- is the process of conducting an exhaustive physical examination and thorough inspection of
all operational systems and procedures of a facility.

Purposes of Security Survey

a. To determine existing state of security

b. To locate weaknesses in defenses
c. To determine degree of protection required.
d. To produce recommendations, establishing a total security program

Persons responsible to conduct security survey

a. Staff security personnel
b. Qualified security specialist

A Security Survey is known by a number of different terms such as;

1. Risk analysis
2. Risk assessment

Key step in a risk assessment process;

- to determine value, impact and cost of any asset should it be lost due to natural or man-made forces.
- To determine the degree of probability that natural or man-made forces will strike at any given facility.

Information necessary in conducting a survey:

1. A plot plan of the area to be surveyed
2. A map of the city or locality in which the facility is located, this becomes very important if the facility
consist of more than one location.
3. The number of employees working on each shift by category
4. The operational flow plans of the facility if they are available in writing
5. Maps and description of guard tours and stations if available
6. Guard orders and the facility’s security manuals if there are such
7. Locations of the nearest fire department and police headquarters

Security Inspection- is a process of conducting physical examination to determine

compliance with established security policies and procedures as a result of a security survey.

Comparisons Security Survey and Security Inspection.

Security Survey.
- Defensive type process/service
- Detailed study of the existing security measures
- Conducted to determine the level of security required consistent with the mission
- Broader in scope
- Non-recurring type of service

Security Inspection.
- Defensive type service
- Limited check of the security measures already adopted
- Conducted to determine the degree of compliance with directed security measures
- Limited in scope
- Recurring type of service

Types of Guard Forces

a. Company guard- proprietary or in house security, and they are directly under the payroll of the company.
b. Agency guard- they are hired by an agency, and they are paid by contract
c. Government Guard Forces- they are considered as government employees and paid by the government

Security Guard Forces- maybe define as a group of forces of men selected,

trained and organized into a functional group for the purpose of protecting operational processes from those
disruption which impede efficiency or halt operations at a particular plant, facility, institution or special
activity.
The Essential Qualities of Security Guards:
1. Alertness
2. Judgment
3. Confidence
4. Physical Fitness
5. Self-control

SECURITY COMMUNICATION SYSTEM – facilities provided for signaling, alerting or alarming workers at
any location through out the installation as occasion demands. These includes telephone and radio.

PROTECTIVE ALARM SYSTEM- provide an electrical and mechanical means of detecting and announcing
proximity of instruction which endanger the security of a restricted area, a facility, or its components.

Kinds of Lock:

1. Warded lock- old type where the key is open and be seen through
2. Disc tumbler lock- used in car doors, desk, drawers, etc.
3. Pin tumbler lock –widely used I doors of offices and houses
- irregular in shape and the key
4. Lever lock- used in locker
5. Combination lock- has 3 deals which must be aligned in proper order before the lock will be open
6. Code-operated lock- this opens by pressing a series of numbers buttons in proper sequence
7. Card-operated lock- coded cards whether notched, embossed or embedded with magnetic-fuels are inserted
to open
8. Padlock- a pad and a lock combination

Terminologies:

Private Detective – is refers to any person who is not a member of a regular police agency or the Armed Forces
of the Philippines who does detective work for hire, reward, or commission.

Persons – as used in this act, shall include not only natural persons but also
judicial persons such as corporation, partnership, company or association duly registered with the Securities
and Exchange Commission (SEC) and Bureau of Commerce.

Private Detective Agency – refers to any organization or corporation who is not a member as regular police
agency or of the AFP.

Watchmen/Security Agency – Any persons, associations, partnership or

corporation who recruits training, masters, furnishes, and solicits individuals or business firms, private or
government owned corporation, engaging his services those of its watchmen either residential or business
premises, or both for hire or compensation thru subscription shall be known as watchmen or security agency.

License or License Certificate – a document issued to a person by competent authority allowing such person to
established direct, manage, or operate detective or intelligence and private watchmen/security agency.

Advantages of an Agency Guard Services;

1. More economical
2. Security administrative problems are reduced
3. Problems related to recruiting, pre-employment investigation and training are eliminated
4. Absenteeism and vacation leaves are eliminated
5. Security personnel are separated from co-employees
6. Incase of emergencies, extra guards are easily available
7. Incase of company strike, the agency guards will be on duty to carry out their assigned duties.

Disadvantages of Agency Guard Services;

1. Lack of training
2. Low caliber employees
3. No company loyalty
4. Project poor image
5. Large turn-over
6. Not familiar with plans

Advantages of a company Guard Forces:

1. Generally higher caliber as they can receive higher wage
2. Generally they provide better services
3. Can be trained to handle of the more complex security duties
4. Less turn-over
5. Are more familiar with facilities they protect
6. Tend to be more loyal to the company
Disadvantages of Company Guard Forces:
1. Cost more
2. Maybe required to join guard force
3. Problem of ensuring availability of back-up personnel
Control of authorized entry:
1. Screening of personnel
2. Identification of personnel
3. Identification of visitors
4. Control of truck/vehicle
5. Control of packages
6. Container control

What is the purpose of Key Control?

1. To control the issue, use and storage of keys and reserve key locks
2. To control reproduction of duplicate keys
3. to control lock rotation and or replacement
4. To maintain record on all of the above
5. To ensures proper supervisions of key control measures by responsible persons.

The following areas needs to be inspected, to determine the degree of protection to be applied in the
establishment
1. Perimeter
2. Building Security
3. Key Control
4. Protective lighting
5. Communication and alarm system
6. Personnel identification and control
7. Vehicular identification and control
8. Safety for personnel
9. Adequacy of existing guard forces

SURVEY REPORTS – itemizes the condition which are conducive to breaches of security, records the
preventive measures currently in effect, and when required--- makes specific practical and reasonable
recommendations to bring the physical security to the desired standard.

The Legal Basis on Security:

1. RA 5487 and its Implementing Rules and Regulations

118 Likes40 Comments72 Shares

Sjtit-Criminologist Batch 2011

· April 16, 2012 ·

Outline on Criminal Procedure

Etymology: Krimea [Greek]: meaning, “to charge a wrongdoing”

Criminal Procedure
The method prescribed by law for the apprehension and prosecution of persons accused of any criminal
offense, and their punishment, in case of conviction.

It is concerned with the procedural steps through which a criminal case passes, commencing with the initial
investigation of a crime and concluding with the unconditional release of the offender.

It is a generic term used to describe the network of laws and rules which govern the procedural administration
of criminal justice.

Criminal Jurisdiction
The authority to hear and decide a particular offense and impose punishment for it. It has three requisites,
namely:

1. Subject matter – cases of the general class where the proceedings in question belong as determined by the
Anature of the offense and Bthe penalty imposed by law;
2. Territory – the geographical limits of the territory over which the court presides and where the offense was
committed; and
3. Person of the accused – acquired thru: a) arrest [with warrant or warrantless] or b) voluntary surrender.

I. Prosecution of Offenses

How instituted?
By filing the: 1) Complaint, or 2) Information.

Complaint
A sworn written statement charging a person with an offense
Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public officer charged
with the enforcement of the law violated].
May be filed in the prosecutors office or directly to the court

Information
An accusation in writing
Subscribed by the Prosecutor
Filed with the court

Both are:

1. In writing
2. In the name of the People of the Philippines
3. Directed against all persons who appear to be responsible for the offense involved.

Elements of a complaint or information:

1) Formal elements, and
2) Substantive elements.

It must be: 1) Sufficient in form, and

2) Sufficient in substance

Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form and in substance
xxx.
A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.]
1. The Name of the accused
2. The Designation of the offense given by the statute
3. The Acts or omissions complained of as constituting the offense
4. The Name of the offended party
5. The Approximate date of the commission of the offense
6. The Place where the offense was committed.

A complaint or information is sufficient in substance if it doesn’t contain any of the defects which is a ground
for a motion to quash. (Section 3, Rule 117)

Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal).

Remedy if a complaint or information is defective:

I. If defective in form – a) court may dismiss the complaint or information [amendment] 1motu propio or
2upon motion, or b) accused may move for a BILL OF PARTICULARS
II. If defective in substance – No obligation is imposed on the judge to point out the duplicitousness or other
defect in the indictment on which an accused is being arraigned. It is for the accused to move for a motion to
quash on the ground that the complaint or information charges more than one offense, under sanction of waiver
and loss of ground of objection (Concurring opinion of CJ Narvasa, People v. Bartulay, 192 SCRA 632)

Note: For certain classes of Actions, it is the tribunal having jurisdiction which automatically determines
whether or not the papers are in order before giving it due course, meaning, it satisfies itself if the complaint or
information is sufficient in form and in substance.

Examples:
Articles of Impeachment in an impeachment proceedings
Presidential Election Protest

This is not so in criminal proceedings. It is incumbent upon the accused to object on substantive defects
(People v. Bartulay, supra).

Query:

JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense because there
was an actual threat on his person and the firing of warning shots was reasonably necessary in order to prevent
or repel the unlawful aggression directed against him. Despite this, the fiscal went on to file the information in
court. May JP claim that the information, though sufficient in form, is defective in substance? Why?

No. JP cannot claim that the information is defective in substance. This is so because “self-defense” is not a
ground for a motion to quash but a matter of defense. If proven, self-defense is a basis for acquittal, not
dismissal.

Any explanation or defense which the defendant may want to invoke can be properly raised during trial
(Galvez v. CA, 237 SCRA 685).

Distinction between Acquittal and Dismissal:

1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found innocent of killing B.
2. Dismissal is based on TECHNICALITY (procedural) ex: the crime has already prescribed.

Notes:
1. There are certain classes of offenses that cannot be prosecuted de officio – 1private offenses, i.e. adultery,
concubinage, etc. and 2private libels, i.e. defamation imputing private offenses.
2. For some offenses, there are conditions precedents before plaintiff can repair to the courts for redress [i.e.
those requiring mediation at the “lupong tagapamayapa”]. However, non-compliance of this rule is not
jurisdictional. The failure of the plaintiff to comply with the conciliation requirement of Sec. 40 under the
Local Government Code of 1991 does not affect the Court’s jurisdiction if no timely objection is made [San
Miguel Village School v. Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566].
3. All criminal actions, whether commenced by filing of complaint or information, are under the direct control
of the prosecutor.

Queries:

I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal who found
sufficient evidence against all, but, according to his determination, D was the least guilty. So the fiscal filed the
information only against A, B, and C leaving out D whom he would utilize as state witness. Is the fiscal
correct?

Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a grave abuse of
discretion on the part of the court in not including D in the information because of the prosecutors finding that
there is sufficient evidence against all. There was no more necessity to utilize D as a state witness.

Exeption:
Under the Witness Protection Act, the prosecutor has the discretion of discharging an accused as a state witness
and no court approval is necessary.

II. Is designation of the offense an essential element of the complaint or information? Why? Give the
exception, if any.

No. Because in case of conflict between the designation of the offense and the allegations, the allegation
prevails.

The exception is when the allegation is so ambiguous that it may be interpreted to mean either one or another
offense, then the designation of the offense is controlling (Case of US v. Dixon, where the designation is for
trespassing but the allegations indicates either trespassing or a possible attempted rape).

II. Prosecution of Civil Action

Basis:
Art. 100, RPC - Every person criminally liable is also civilly liable

Generally, when a person commits a crime, he offends two entities, namely:

1) The State [whose laws he violated]; and
2) The individual [whose person, right, honor, chastity, or property was actually or directly injured or damaged
by the same acts or omissions].

Exception:
When the infraction falls under the class of offenses called victimless crimes like gambling, betting on illegal
cock fights, drug addiction, prostitution, etc. etc. under the theory that “the offender himself is his own victim”.

Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery of civil liability is
deemed instituted with the criminal action unless the offended party:
1. Waives the civil action;
2. Reserves the right to institute it separately; or
3. Institutes the civil action prior to the criminal action
Principle of proferrence of criminal action over civil action:
After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted
until final judgment has been entered in the criminal action.

If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended
in whatever stage it may be found before judgments on the merits xxx.

Reason for the rule:

Criminal action is based on an offense committed against the laws of the State while civil action is based on an
injury to individual rights. Public interest is superior over private one.

Exception to the rule of proferrence of criminal action over civil action

1. When the independent Civil Action is based on Articles 32, 33, 34 and 2176 of the Civil Code.
2. When there is a prejudicial question in the civil case that must be decided first before the criminal action can
proceed because the decision in the civil action is vital to the judgment of the criminal case.

Elements of Prejudicial Question:

1. The previously instituted civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal action, and
2. The resolution of such issue determines whether or not the criminal action may proceed.

Queries:

1. Nobern married Armie on 2005. On 2006, Nobern married X. On 2007, Armie filed a criminal case for
bigamy against Nobern. On 2008, X filed a civil case for annulment against Nobern on the ground that their
marriage was void ab initio for having been contracted during the subsistence of Nobern’s prior marriage to
Armie without X knowing it.

Is there a prejudicial question? Why?

2. Nobern married Armie on 2005. On 2006, Nobern married X because X threatened to kill him unless he
marries X. On 2007, Nobern filed an annulment against X on the ground of threat and intimidation. On 2008,
Armie filed a criminal case for bigamy against Nobern upon learning of Nobern’s marriage to X.

Is there a prejudicial question? Why?

Note:
Prejudicial question is subject to the principle that he who comes into court must come with clean hands. The
accused cannot be permitted to use the law in order to frustrate the ends of justice. Good faith or bad faith is
important.

III. Preliminary Investigation

Defined
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief
that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

When required?
Before the filing of complaint or information for an offense where the penalty prescribed by law is
imprisonment of at least 4 years, 2 months and 1 day, without regard to fine.
When NOT REQUIRED:
In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day
In case of a valid warantless arrest [shall proceed in inquest]

Officers authorized to conduct PI

1. Provincial or City Prosecutors and their assistants;
2. National and Regional State Prosecutors; and
3. Other officers as may be authorized by law [COMELEC during Election Period, Ombudsman, etc.]

Note: Effective 2004, judges of the lower court canno longer conduct Preliminary Investigations.

Rules:
1. The complaint must be sufficient in form [See notes in Prosecution of Offenses, supra]
2. Supported by affidavits of the complainant and his witnesses
3. Numbers of copies are proportionate to the number of respondents plus 2 official copies

1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no – dismiss. If yes – issue
subpoenas.
2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits and documents –
respondent submits counter affidavits.
3. In case respondent cannot be subpoenaed or does not submit counter affidavit within 10 days – investigating
officer resolves the complaint on the basis of evidence presented by complainant.

Clarificatory hearing – if there are facts and issues to be clarified from a party or witness - within 10 days after
submission of counter affidavit. No direct examinations. Questions must be addressed to the fiscal.

Resolution – within 10 days after the investigation.

Forwarding of fiscals’ resolution to superiors – within 5 days
Superiors shall act on the resolution – within 10 days

IV. Arrest

Defined:
1. [Based on Rules of Court] The taking of a person in custody in order that he may be bound to answer for the
commission of an offense (Sec. 1, RRC)

2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty, binding him to
become obedient to the will of the law (Larrañaga v. CA, 92 SCAD 605)

How made:

As to the manner of enforcement, by:

1) Actual restraint, or
2) Submission to the custody of the person making arrest

As to the presence or absence of judicial order:

1) By virtue of a warrant, or
2) Warrantless arrest, in cases allowed by the Rules

As to the person arresting:

1) Arrest by peace officer, or
2) Citizens arrest
When warrantless arrests allowed:

1. Inflagrante Delicto arrest – when in his presence, the person to be arrested has:

Committed
Is actually committing an offense
Is attempting to commit

Translation: In flagrante delicto [latin] – Literally, “caught in the act of wrong”.

2. Hot Pursuit arrest – when an offense has Ajust been committed and Bhe has probable cause to believe based
on personal knowledge of facts or circumstances that the person arrested has committed it.

Tests in determining probable cause based on personal knowledge:

Must be based on the senses, i.e. 1) Sight

2) Hearing
3) Smell

Notes:
A. The arresting officer must have personal knowledge of the commission of the crime through his senses. He
cannot “fish” for evidence first and afterward make the arrest.
B. The term “personal knowledge” excludes hearsay as a basis for probable cause.
C. There must first be a lawful arrest before any search may be conducted. The process cannot be reversed
(Dissent of Chief Justice A. Narvasa, People v. Malmstedt). Exception: in case of valid warantless searches
(Majority opinion, People v. Malmstedt, 198 SCRA 401).
D. For purposes of arrest – Officer may break into any building or enclosure where the person to be arrested is
or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose
(Sec. 11, RRC).
E. For purposes of search and seizure – he cannot break into any building or enclosure without violating the
right of privacy. Exceptions: 1) When there is consent (Dissent of Justice I. Cruz, People v. Evaristo, 216
SCRA 431). 2) When there is a warrant.

3. Arrest of fugitives from justice – persons who has escaped from a penal establishment, place of confinement
etc. while serving sentence, temporarily confined, or case is still pending – may be arrested under the theory
that “he is engaged in the commission of a continuing offense” (Parulan v. Director of Prisons, 22 SCRA 639).

Methods of Arrest:

I. With warrant, by officer:

The officer shall inform the person of: 1) the cause of the arrest
2) fact that warrant exist

Exception: 1) When he flees or forcibly resist before 1 & 2 is completed

2) When the giving of info will imperil the arrest

II. Without warrant, by A. officer and B. private persons:

Inform the person of 1) authority and cause of arrest [if person arresting is police officer] or 2) intent to arrest
and cause [if person arresting is private person]
Unless when the person to be arrested is either:
1) Engaged in the commission of the offense
2) Is pursued immediately after its commission
3) Has escaped, flees or forcibly resist before the officer or the private person making the arrest has the
opportunity to inform him of 1 & 2, or
4) When the giving of info would imperil the arrest

Tests in determining lawfulness of USE OF LETHAL FORCE by the arresting officer:

1) Test of reasonability – conduct of the arresting officer is examined.

Where the precipitate action of the arresting officer resulted in the loss of a human life and there exists no
circumstances whatsoever justifying the shooting of a person who is asleep, even if he is a notorious criminal –
condemnation, and not condonation should be the rule (People v. Oanis, 74 Phil. 257).

2) Test of necessity – conduct of the person arrested is examined.

Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife and attacked
another policeman, the arresting officer is not required to afford him a fair opportunity for equal struggle. A
police officer, in the performance of his duty, must stand his ground and cannot, like private individual, take
refuge in flight. His duty requires him to overcome the offender (US v. Mojica, 42 Phil 784).

V. Bail

Kinds of bail bonds:

1. cash bond
2. property bond
3. surety bond
4. recognizance

Defined:
The security given for the release of a person in custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under the conditions of law.

Generally:
The right to bail only accrues when a person is under custody. Court must have jurisdiction over the person of
the accused either thru: 1) arrest, with or without warrant, or 2) voluntary surrender.

Exception:
When the person under investigation cannot personally appear because he is hospitalized but applies for bail
through his counsel, he is deemed to be under the constructive custody of the law (Dinapol v. Baldado, 225
SCRA 110, Paderanga v. CA, 247 SCRA 741).

Where to apply?
In the court where the case is pending (if not yet filed, may be filed before any court).

Conditions for bail:

See Sec. 2, Rule 114

Bail, a matter of right:

1. Before or after conviction by MTC, MTCC or MCTC
2. Before conviction by RTC of an offense not punishable by death, reclusion temporal, or life imprisonment

Bail, a matter of discretion:

1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment.
2. Before conviction for capital offenses [punishable by death], or an offense punishable by reclusion perpetua
or life imprisonment, when evidence of guilt is not strong. (Bail is neither a matter of right nor a matter of
discretion only in cases where the evidence of guilt is strong).

Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited in Cruz, Constitutional
Law, 2003 Ed.):
De la Rama v. Peoples Court, 77 Phil. 461 – accused was granted bail due to tuberculosis that requires
confinement to the hospital.
People v. Sison, GR 398, September 19, 1946 – humanitarian reasons considered by SC.

Notes:

1. The right to bail flows from the presumption of innocence. This is so because accusation is not synonymous
with guilt.

2. In deportation proceedings, bail is not a matter of right but of discretion on the part of the Commissioner of
Immigration and Deportation (Harvey v. Defensor-Santiago, 162 SCRA 398).

3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa, 200 SCRA 80).

4. I extradition proceedings, bail may be granted provided the accused undertake to submit himself to the
jurisdiction of the court and provided further that he is not a flight risk (Govt. of Hong Kong v. Judge Olalia,
2007)

VI. Rights of the accused

Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good
customs or prejudicial to a third person with a right recognized by law (Art. 6, NCC).

In all criminal prosecutions, the accused shall be entitled to the following rights:

Key: [PIPTEC CoSpA]

P – resumed innocent
I – nformed of the nature of the cause and accusation
P – resent in person and by counsel
T – estify in his own behalf
E – xempt from being compelled to be a witness against himself
C – onfront witnesses
C – ompulsory process to secure attendance of witnesses and production of other evidence
S – peedy, impartial and public trial
A – ppeal

1) To be presumed innocent until the contrary is proved beyond reasonable doubt.

Hierarchy of proof [according to degree of persuasiveness]:

1. Absolute certainty – ultimate truth [not required in any legal proceeding]
2. Moral certainty – passed the test of human experience [i.e., guilt beyond reasonable doubt, conclusive
presumptions]
3. Relative certainty – so called because a higher degree of proof exists [i.e., preponderance of evidence,
probable cause, substantial evidence, disputable or prima facie presumptions]
Notes:
The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC)
It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies in the prosecution.
Unless guilt beyond reasonable doubt is established, the accused need not prove his innocence.
Burden of proof – the duty of the affirmative to prove what it alleges. (Africa, The Art of Argumentation and
Debate).
Absolute certainty is not demanded by the law to convict but only moral certainty.

2) To be informed of the nature and cause of the accusation against him.

Essential to avoid surprise and to afford him the opportunity to prepare his defense accordingly.
Arraignment serves this purpose by informing him why the prosecuting arm of the state is mobilized against
him.
An accused cannot be convicted of an offense unless it is clearly charged in the compliant or information.
Basic rule – you cannot prove what you did not allege.

3) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to
promulgation of judgment.

Express or Implied waiver is renunciation to be present on that particular date only.

Escape of the accused is waiver by implication to be present on said date and all subsequent trial dates. [Fact of
escape made his failure unjustified because he has, by escaping, placed himself beyond the pale and protection
of the law (People v. Salas 143 SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)].
Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel de officio. Counsel
must have no conflict of interest. Thus, a fiscal cannot be appointed as counsel de officio.
When an accused is represented by a fake lawyer who pretended to be a member of the bar, his right to counsel
is violated, unless the accused voluntarily chose him knowing him to be a non-lawyer.

4) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct
examination. His silence shall not in any manner prejudice him.

5) To be exempt from being compelled to be a witness against himself.

Right to testify in his own behalf:

Once exercised, the accused is subject to limited cross-examination.
If not exercised, no inference of guilt can be derived from his silence alone.

Right against self incrimination:

Intended to shield the guilty & imprudent as well as the innocent & farsighted.
Based on public policy and humanity, otherwise, the accused will be placed on the strongest temptation to
commit perjury.

Notes:
A. Prohibition covers 1testimonial compulsion and 2the production of the accused of incriminating documents
and articles demanded from him.
B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine samples, and 4others
requiring a mere mechanical act on the part of the accused [Villaflor v. Summers, 41 Phil. 64, US v. Tan Teng,
23 Phil. 145, Schemerber v. California, US L.Ed. 2d 908, 89 S CT No. 658].

6) To confront and cross-examine the witnesses against him at the trial.

Reasons:
To meet the witness face to face (Bill of Rights, 1987 Constitution)
To enable the court to judge the truthfulness, deportment, and the appearance of the witness while testifying
(US v, Javier, 37 Phil 449).

Effect of absence of right to cross examine:

When there is express or implied waiver – no effect
In the absence of waiver – testimony of the witness cannot be considered as complete and therefore cannot
form part of the evidence against the accused.

Effect when witness dies:

Before he could take witness stand – inadmissible
After giving his direct testimony but before cross examination – Gen. rule: inadmissible. Exception: where the
adverse party was given adequate opportunity but failed to cross examine due to his own fault
After the defense conducted cross examination – admissible

7) To have compulsory process issued to secure the attendance of witnesses and production of other evidence
in his behalf.

“Compulsory process” refers to the issuance of the court of:

1. Sub-poena – for the attendance of witnesses
2. Sub-poena duces tecum – for the production of documents

Notes:
A. If a sub-poena or sub-poena duces tecum is issued and the person named in the sub-poena refuses to appear
or refuses to produce the required documents without justifiable reasons – court has the power to declare that
person in contempt and may order his arrest. [People v. Montejo, 21 SCRA 722].

B. The coercive powers of the court must be employed in order to give meaning to this right.

8) To have speedy, impartial and public trial.

Speed:
Justice delayed is justice as denied

Impartiality:
Every party litigant is entitled to nothing less than the cold neutrality of an impartial court (Macalintal v. Judge
Teh, 280 SCRA 623).

Public trial:
So that the public may see that he is fairly dealt with and not unjustly condemned in case of conviction.
So the public may know of the fact or the basis of his innocence in case of acquittal.

Note: “Public trial” and “Trial by publicity” are two different things. They are not the same. There should be a
public trial, not trial by publicity.

9) To appeal in all cases allowed and in the manner prescribed by law.

The right to appeal is a statutory right but withdrawal of this right, in the absence of a valid waiver, constitutes
a denial of due process guaranteed by the Constitution (Cruz, Constitutional Law, 2003 Ed.).
It is not a natural right or inherent one. The party who seeks to avail of the said right must comply with the
requirements of the Rules. Otherwise, the right to appeal is lost (People v. Sabellano, 198 SCRA 196)
VII. Arraignment and Plea
Arraignment: The initial step in a criminal prosecution whereby the defendant is brought before the court to
hear the charges and to enter a plea (Black’s Law Dictionary).

Venue for Arraignment and Plea:

Before the court where the complaint or information was filed or is assigned for trial.

Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.)

1) To fix the identity of the accused

2) To inform him of the charge
3) To give the accused an opportunity to plead

Note:
In order for the Court to “acquire” complete jurisdiction over the person of the accused, arraignment is
essential. Unless this procedure is completed, the court cannot commence trial in absentia.

Procedure:
1. Arraignment must be made in open court by the judge or the clerk
2. Accused must be furnished with a copy of the complaint or information
3. Complaint or Information must be read in a language or dialect known to him
4. Accused must be present
5. Accused must personally enter his plea

I. If under preventive detention

1. Raffle of case and transmittal of records – within 3 days
2. Arraignment – within 10 days from the date of raffle
3. Pre trial conference – within 10 days after arraignment

II. If not under preventive detention

1. General rule – within 30 days from the date the court acquires jurisdiction
2. Exception – a shorter period is provided by special law or SC Circular

Rules in entering a plea:

1. If accused refuses to plead or makes a conditional plea – a plea of not guilty shall be entered
2. If accused enters a plea but presents exculpatory evidence – plea of guilty is withdrawn and a plea of not
guilty shall be entered for him. Burden of proof shifts.
3. If accused enters a plea to a capital offense – court shall conduct a searching inquiry into the voluntariness
and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and
the precise degree of culpability.

Pre-trial Conference:
Private offended party shall be required to appear for purposes of:
1) Plea-bargaining
2) Determination of civil liability
3) Other matters requiring his presence

In case of failure of the offended party to appear despite due notice – conformity of prosecutor is sufficient for
purposes of pleading guilty to a lesser offense which is necessarily included in the offense charged.

Bill of particulars:
The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and
prepare for trial. The motion shall specify the alleged defects of the complaint or information and the details
desired.

Scope of the Bill of Particular:

Bill of Particulars is a remedy for formal defects and not substantive defects.

The remedy against an indictment that fails to allege the time of the commission of the offense with sufficient
definition is a Motion for Bill of Particulars and not a Motion to Quash (Rocaberte v. People, 192 SCRA 152).

[See discussion in: Elements of Complaint and Information, remedy in case complaint or information is
defective, supra]

Modes of discovery:
Accused has a right against the suppression of evidence favorable to an accused which is material as to 1) guilt,
or 2) as to punishment (Webb v. De Leon, 247 SCRA 653).

Suppressed evidence must be of such nature as to affect the outcome of the trial (US v. Agurs, US v. Bagley)

Notes:

1) Arraignment is important for notifying the accused of the cause he is required to meet. The accused has the
right to be informed of the nature and cause of the accusation against him (Borja v. Mendoza, 77 SCRA 422).

2) The existence of a plea is an essential requisite to double jeopardy (People v. Balicasan).

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Sjtit-Criminologist Batch 2011

· April 16, 2012 ·

Outline On:

THE LAW ON EVIDENCE

Rules 128 to 134, Revised Rules of Court

I. PRELIMINARY CONSIDERATION:

A. Importance of the study of Evidence in Law Enforcement:

As an element of our Criminal Justice System, it is the duty of every law enforcement agencies to provide the
prosecution with the materials and information (Evidence) necessary in order to support conviction.

Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This is a prima
facie presumption which must be overcome by proof beyond reasonable doubt.

B. Connecting the chain of events through Evidence during Trial:

Trial refers to “the examination before a competent tribunal, according to the laws of the land, of the facts in
issue in a cause, for the purposes of determining such issue” (U.S. v. Raymundo, 14 Phil 416).

Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the chain of events
from the conception up to the consummation of a criminal design.

C. Factum Probandum and Factum Probans

Factum Probandum – The ultimate facts to be proven. These are the propositions of law.

Examples:
• murder was committed thru treachery
• robbery was made through force upon things

Factum Probans – The evidentiary Facts. These addresses questions of fact.

Examples:
• exit wounds were in front indicating that victim was shot at the back
• destroyed locks indicative of force upon things

Thus, the outcome of every trial is determined by:

• Propositions of law, and

• Questions of fact.

D. Proof and Evidence

Evidence – the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined as “the
means, sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of
fact”.
Proof – the result of introducing evidence. The establishment of a requisite degree of belief in the mind of the
judge as to the facts in issue. It refers to the accumulation of evidence sufficient to persuade the trial court.
Quantum of evidence – the totality of evidence presented for consideration
Quantum of proof – refers to the degree of proof required in order to arrive at a conclusion.
Burden of evidence – the duty of a party of going forward with evidence.
Burden of proof – the duty of the affirmative to prove that which it alleges.

Variations on degrees of proof based on type of action:

1. Criminal Action – proof beyond reasonable doubt [that degree of proof which produces conviction in an
unprejudiced mind]
2. Civil Action – preponderance of evidence [evidence of greater weight or more convincing than that which is
offered to refute it]
3. Administrative Action – sufficiency of evidence [that amount of relevant evidence which a reasonable mind
might accept as adequate to justify a conclusion]

E. Exclusionary Rule. (Fruit of the poisonous tree doctrine)

Evidence ILLEGALY OBTAINED are inadmissible for reasons of public policy. This is so because of the
constitutional requirement of due process. Due process has been defined as “the law that hears before it
condemns, which proceeds upon inquiry, and renders judgment only after fair trial”.
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtained in an illegal
search from being introduced in trial.

F. Principle of Chain of Custody of Evidence

If the evidence is of a type which cannot be easily recognized or can readily be confused or tampered with, the
proponent of the object must present evidence of its chain of custody. The proponent need not negate all
possibilities of substitution or tampering in the chain of custody, but must show that:
1. The evidence is identified as the same object which was taken from the scene;
2. It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to the
application of ninhydrine solution, etc.); and
3. The persons who have handled the evidence are known and may be examined in court with regard to the
object.

II. GENERAL PROVISIONS:

A. Concepts of evidence:

1. It is a means of ascertainment – used to arrive at a legal conclusion

2. It is sanctioned by the rules of court – meaning, not excluded by the rules on relevancy and admissibility
3. It is used in a judicial proceeding – there is a jural conflict involving different rights asserted by different
parties
4. It pertains to the truth respecting a matter of fact – evidence represents a “claim” either for the prosecution or
for the defense where issues (clashes of view) are present.

Admissibility of Evidence:

For evidence to be admissible, it must be:

1) relevant to the issue [relevancy test], and
2) not excluded by the law or rules of court [competency test].

Note: To determine the relevancy of any item of proof, the purpose for which it is sought to be introduced must
first be known (There must be a formal offer).

Test of relevancy of evidence:

Whether or not the factual information tendered for evaluation of the trial court would be helpful in the
determination of the factual issue that is disputed.

When is evidence relevant?

When it has a relation to the fact in issue as to induce belief in it’s:

1) existence, or
2) non-existence

In other words, evidence is relevant when it is:

1) material, and
2) has probative value

What is meant by “probative value”?

It is the tendency of the evidence to establish the proposition that it is offered to prove.
“Collateral Matters” not admissible except when it tend in any reasonable degree to establish probability or
improbability of the fact in issue.

Collateral matters – matters other than the fact in issue and which are offered as a basis for inference as to the
existence or non-existence of the facts in issue.

Collateral matters are classified into:

1. Antecedent circumstances – facts existing before the commission of the crime [i.e. hatred, bad moral
character of the offender, previous plan, conspiracy, etc.]
2. Concomitant circumstances – facts existing during the commission of the crime [i.e. opportunity, presence of
the accused at the scene of the crime, etc.]
3. Subsequent circumstances – facts existing after the commission of the crime [i.e. flight, extrajudicial
admission to third party, attempt to conceal effects of the crime, possession of stolen property, etc.]

Query: Is modus operandi an antecedent, concomitant or subsequent circumstance?

B. Judicial Notice, basis of:

Judicial notice is based on necessity and expediency. This is so because what is known need not be proved.

Different kinds of judicial notices:

1. mandatory
2. discretionary
3. hearing required

C. Confession and Admission, distinguished:

Confession – an acknowledgement of guilt.
Admission – an acknowledgment of facts.

Different kinds of confession/admission:

1. Judicial
2. Extrajudicial
3. Oral
4. Written
5. Voluntary
6. Forced

Different kinds of evidence:

1. Relevant evidence – evidence having any value in reason as tending to prove any matter provable in an
action.
2. Material evidence – evidence is material when it is directed to prove a fact in issue as determined by the
rules of substantive law and pleadings.
3. Competent evidence – not excluded by law.
4. Direct evidence – proves the fact in issue without aid of inference or presumptions.
5. Circumstantial evidence - the proof of fact or facts from which, taken either singly or collectively, the
existence of a particular fact in dispute may be inferred as necessary or probable consequence.
6. Positive evidence – evidence which affirms a fact in issue.
7. Negative evidence - evidence which denies the existence of a fact in issue.
8. Rebutting evidence – given to repel, counter act or disprove facts given in evidence by the other party.
9. Primary/Best evidence – that which the law regards as affording the greatest certainty.
10. Secondary evidence – that which indicates the existence of a more original source of information.
11. Expert evidence – the testimony of one possessing knowledge not usually acquired by other persons.
12. Prima facie evidence – evidence which can stand alone to support a conviction unless rebutted.
13. Conclusive evidence – incontrovertible evidence
14. Cumulative evidence – additional evidence of the same kind bearing on the same point.
15. Corroborative evidence – additional evidence of a different kind and character tending to prove the same
point as that of previously offered evidence.
16. Character evidence – evidence of a person’s moral standing or personality traits in a community based on
reputation or opinion.
17. Demeanor evidence – the behavior of a witness on the witness stand during trial to be considered by the
judge on the issue of credibility.
18. Demonstrative evidence – evidence that has tangible and exemplifying purpose.
19. Hearsay evidence – oral testimony or documentary evidence which does not derive its value solely from the
credit to be attached to the witness himself.
20. Testimonial evidence – oral averments given in open court by the witness.
21. Object/Auotoptic proferrence/Real evidence – those addressed to the senses of the court (sight, hearing,
smell, touch, taste).
22. Documentary evidence – those consisting of writing or any material containing letters, words, numbers,
figures, symbols or other modes of written expression offered as proof of its contents.

Best Evidence Rule:

When the subject of the inquiry is the contents of a document, no evidence shall be admissible other than the
original of the document.

For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.

A document is legally considered “Original” when:

1. It is the subject of an inquiry
2. When in two or more copies executed at or about the same time, with identical contents.
3. When an entry is repeated in ordinary course of business, one being copied from another at or near the time
of the transaction.

Question: May a “fake” document be considered as “original” or “authentic”?

Yes. A forged or spurious document when presented in court for examination is considered as the original
fake/forged document. Thus, a mere photocopy of the allegedly forged or spurious document is only secondary
to the original questioned document.

Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.

The offeror without bad faith must:

1. prove its execution or existence, and
2. prove the cause of its unavailability.

Secondary evidence may consist of:

1. a copy,
2. recital of its contents in some authentic document, or
3. by testimony of witnesses.
When original document is in the custody of:
1. adverse party – adverse party must have reasonable notice to produce it. After such notice and satisfactory
proof of its existence, he fails to produce it, secondary evidence may be presented.
2. public officer – contents may be proved by certified copy issued by the public officer in custody thereof.

III. TESTIMONIAL EVIDENCE:

Qualifications of witnesses:
1. can perceive
2. can make known their perception to others
3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications, or “dead
man’s statute”.

“Res Inter Alios Acta” Rule

General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission of another.

Exception:
1. admission by a co-partner or agent
2. admission by a conspirator
3. admission by privies
4. admission by silence

In the above cases, the admission of one person is admissible as evidence against another.

Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal knowledge; that is,
which are derived from his own perception. Any statement which derives its strength from another’s personal
knowledge is hearsay, and is therefore inadmissible.

Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse

IV. BURDEN OF PROOF AND PRESUMPTIONS:

Burden of proof – the duty of a party to present evidence on the facts in issue necessary to establish his claim
or defense by the amount of evidence required by law.

Presumption – an inference as to the existence of a fact not actually known, arising from its usual connection
with another which is known or a conjecture based on past experience as to what course human affairs
ordinarily take.
2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] – based on rules of substantive law which cannot be overcome by
evidence to the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based on procedural rules
and may be overcome by evidence to the contrary.

Kinds of Conclusive Presumptions:

1. Estoppel by record or judgment – the preclusion to deny the truth of matters set forth in a record, whether
judicial or legislative, and also deny the facts adjudicated by a court of competent jurisdiction (Salud v. CA,
233 SCRA 387).
2. Estoppel by deed – a bar which precludes a party to a deed and his privies from asserting as against the other
and his privies any right or title in derogation of the deed or denying the truth of any material fact asserted in it
(Iriola v. Felices, 30 SCRA 202).
3. Estoppel in pais – based upon express representation or statements or upon positive acts or conduct. A party
cannot, in the course of litigation or in dealings in pais, be permitted to repudiate his representation or occupy
inconsistent positions.
4. Estoppel against Tenant – the tenant is not permitted to deny the title of his landlord at the time of the
commencement of the relation of landlord and tenant between them.

Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of Court.

Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court, and under oath or
affirmation. Unless the witness is incapacitated to speak, or the question calls for a different mode of answer,
the answer of the witness shall be given orally.

Rights and Obligations of witnesses:

1. To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor.
2. Not to be detained longer than the interest of justice requires.
3. Not to be examined except only as to matters pertinent to the issue.
4. Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided
by law.
5. Not to give an answer which will tend to degrade his reputation, unless it be to the very fact at issue or to the
fact from which the fact in issue would be presumed, but a witness must answer to the facts of his previous
final conviction for an offense.

Order of Examination of individual witnesses:

1. Direct examination by the proponent
2. Cross examination by the opponent
3. Re-direct examination by the proponent
4. Re-cross examination by the opponent

Direct examination – the examination in chief of a witness by the party presenting him on the facts relevant to
the issue.
Cross examination – the examination by the adverse party of the witness as to any matter stated in the direct
examination, or connected therewith, with sufficient fullness and freedom from interest or bias, or the reverse,
and to elicit all important facts bearing upon the issue.
Re-direct examination – second questioning by the proponent to explain or supplement answers given in the
cross examination.
Re-cross examination – second questioning by the adverse party on matters stated on the re-direct and also on
such matters as may be allowed by court.
Different Types of Questions:
1. Leading questions –It is one where the answer is already supplied by the examiner into the mouth of the
witness. [Ex. You saw Jose killed Juan because you were present when it happened, didn’t you?]
2. Misleading question – a question which cannot be answered without making an unintended admission. [Ex.
Do you still beat your wife?]
3. Compound question – a question which calls for a single answer to more than one question. [Ex. Have you
seen and heard him?]
4. Argumentative question – a type of leading question which reflects the examiners interpretation of the facts.
[Ex. Why were you driving carelessly?]
5. Speculative question – a question which assumes a disputed fact not stated by the witness as true. [Ex. The
victim cried in pain, didn’t he?]
6. Conclusionary question – a question which asks for an opinion which the witness is not qualified or
permitted to answer. [Ex. Asking a high school drop-out whether the gun used is a Cal. 45 pistol or 9mm
pistol]
7. Cumulative question – a question which has already been asked and answered.
8. Harassing/Embarrassing question – [Ex. Are you a homosexual?]

Classes of Documents:
Documents are either public or private.

Public documents are:

1. The written official acts, or records of the official acts of sovereign authority, official bodies and tribunals,
and public officers, whether of the Philippines, or a foreign country.
2. Documents acknowledged before a notary public except last wills and testaments.
3. Public records (1) kept in the Philippines, or private documents (2) required by law to be entered therein.

All other writings are private.

SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

• Verba legis non est decendendum – from the words of the law there can be no departure.
• Dura lex sed lex – the law may be harsh but so the law speaketh.
• Ignorantia legis neminem excusat – ignorance of the law excuses no one.
• Ignorantia facti excusat – mistake of fact excuses.
• Praeter intentionem – different from that which was intended.
• Error in personae – mistake in identity.
• Abberatio Ictus – mistake in the blow
• Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.
• Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not criminal.
• Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.
• Mens rea – guilty mind.
• Actus reus – guilty act.
• Res ipsa loquitor – the thing speaks for itself.
• Causa Proxima – proximate cause which produced the immediate effect.
• Prima facie – at first glance.
• Locus Criminis – scene of the crime or crime scene.
• Pro Reo – principle in Criminal Law which states that where the statute admits of several interpretations, the
one most favorable to the accused shall be adopted.
• Res Gestae – the thing itself.
• Falsus in unum, falsus in omnibus ¬– false in one part of the statement would render the entire statement false
(note: this maxim is not recognized in our jurisdiction).
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Sjtit-Criminologist Batch 2011

· April 16, 2012 ·

Correction

PENOLOGY defined:
- The study of punishment for crime or of criminal offenders. It includes the study of control and prevention of
crime through punishment of criminal offenders.
- The term is derived from the Latin word “POENA” which means pain or suffering.

CORRECTION defined:
- A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of
criminal offenders.
- It is that field of criminal justice administration which utilizes the body of knowledge and practices of the
government and the society in general involving the processes of handling individuals who have been
convicted of offenses for purposes of crime prevention and control.

GAOLS - (Jails) – pretrial detention facilities operated by English Sheriff.

Galleys – long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A type of ship
used for transportation of criminals in the 16th century.
Hulks – decrepit transport, former warships used to house prisoners in the 18th and 19th century. These were
abandoned warships converted into prisons as means of relieving congestion of prisoners. They were also
called “floating hells”.

Early Prisons:

Mamertine Prison – the only early Roman place of confinement which is built under the main sewer of Rome
in 64 B.C

Other places of confinement in the history of confinement include FORTRESSES, CASTLES, and TOWN
GATES that were strongly built purposely against roving bands of raiders.

The most popular workhouse was the BRIDEWELL WORKHOUSE (1557) in London which was built for the
employment and housing of English prisoners.

Wulnut Street Jail – originally constructed as a detention jail in Philadelphia. It was converted into a state
prison and became the first American Penitentiary.

Punishment:
- It is also the penalty imposed on an offender for a crime or wrongdoing.

Ancient Forms of Punishment:

1. Death Penalty – affected by burning, beheading, hanging, breaking at the wheels, pillory and other forms of
medieval executions.
2. Physical Torture – affected by maiming, mutilation, whipping and other inhumane or barbaric forms of
inflicting pain.
3. Social Degradation – putting the offender into shame or humiliation.
4. Banishment or Exile – the sending or putting away of an offender which was carried out either by
prohibition against coming into a specified territory such as an island to where the offender has been removed.
5. Other similar forms of punishment like transportation and slavery.

Early Forms of Prison Discipline:

1. Hard Labor - productive works.

2. Deprivation – deprivation of everything except the bare essentials of existence
3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to perform drab or boring daily
routine.
4. Uniformity – “ we treat the prisoners alike”. “ the fault of one is the fault of all”.
5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or languages on the part of prison staff to the prisoners to degrade or
break the confidence of prisoners.
7. Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a delinquent
inmate.
8. Isolation or Solitary Confinement – non-communication, limited news, “ the lone wolf”.

Contemporary Forms of Punishment:

1. Imprisonment – putting the offender in prison for the purpose of protecting the public against criminal
activities and at the same time rehabilitating the prisoners by requiring them to undergo institutional treatment
programs.
2. Parole - a conditional release of a prisoners after serving part of his/her sentence in prison for the purpose of
gradually re-introducing him/her to free life under the guidance and supervision of a parole officer.
3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which does not
exceed six years imprisonment, is released subject to the conditions imposed by the releasing court and under
the supervision of a probation officer.
4. Fine – an amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he committed a crime, prohibiting him to
get near or enter the 25-kilometer perimeter.

PURPOSES/JUSTIFICATIONS OF PUNISHMENT

1. Retribution – the punishment should be provided by the state whose sanction is violated, to afford the society
or the individual the opportunity of imposing upon the offender suitable punishment as might be enforced.
Offenders should be punished because they deserve it.
2. Expiation or Atonement – it is punishment in the form of group vengeance where the purpose is to appease
the offended public or group.
3. Deterrence – punishment gives lesson to the offender by showing to others what would happen to them if
they violate the law. Punishment is imposed to warn potential offenders that they can not afford to do what the
offender has done.
4. Incapacitation and Protection – the public will be protected if the offender has being held in conditions
where he can not harm others especially the public. Punishment is effected by placing offenders in prison so
that society will be ensured from further criminal depredations of criminals.
5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility of the offender.
Society’s interest can be better served by helping the prisoner to become law abiding citizen and productive
upon his return to the community by requiring him to undergo intensive program of rehabilitation in prison.
Criminalistics

FORENSIC CHEMISTRY & TOXICOLOGY

FORENSIC CHEMISTRY

That branch of chemistry, which deals with the application of chemical principles in the solution of problems
that arise in connection with the administration of justice. It is chemistry applied in the elucidation of legal
problems. It is chemistry used in courts of law. Chemistry belonging to the court of law.

PHYSICAL EVIDENCE

Are articles and materials which are found in connection with an investigation and which aid in establishing the
identity of the perpetrator of the circumstances under which the crime was committed or which in general assist
in the prosecution of the criminal.
ORDINARY WITNESS
State facts and may not express his opinions or conclusions. He may testify to impressions of common
experiments such as the speed of a vehicle, whether a voice was that of a man, woman or child. Beyond this he
is closely limited.

EXPERT WITNESS
One who posses a special skill, be it in art, trade or science or one who has special knowledge in waters not
generally known to men or ordinary education and experiments. A person skilled in some art, trade or science
to the extent that he possesses information not within the common knowledge of man.

EYE WITNESS
Person who saw the fatal act.

BLOOD
Has been called the circulating tissue of the body. It is refereed to as a highly complex mixture of cells,
enzymes, proteins, and inorganic substances. It is the red fluid of the blood vessels. Blood is opaque. On the
treatment with either, water or other reagents becomes transparent lake color. It is finally alkaline. Normally
pH is 7.35 – 7.45.

PLASMA
The yellowish fluid of blood in which numerous blood corpuscles are suspended. A straw-yellow liquid formed
when blood to which oxalate has been added to prevent clotting is allowed to strand.
SERUM
A straw – yellow liquid formed when clotted blood is allowed to stand for sometime and the clot contracts.

BENZIDINE TEST
An extremely sensitive test that can be applied to minute stain. For many years the most commonly used
preliminary test for blood. The Benzidine test never fails to detect blood even when very old, decomposed stain
with all shorts of contamination is examined. The positive result is only indicative that the blood maybe
present.

PHENOLPHTHALEIN TEST
An alternative test to benzidine test. It can detect blood in a dilution of 1:80,000,000 parts. A positive results
with this test is highly indicative of blood. The negative result is, therefore, valuable and is conclusive as to the
absence of blood.

SEMEN AND SEMINAL FLUID

Is a viscid whitish fluid of the male reproductive track containing spermatozoa suspended in seerission of
accessory glands.
DIPHENYLAMINE-PARAFFIN TEST ( test to be determine the presence of nitrates, a test to determine
whether a person fired a gun or not.

1. Paraffin test ( Test performed to extract the nitrates embedded in the skin.
2. Diphenylamine Test or DPA Test ( test that determines the presence and location of nitrate chemical needed
diphenylamine reagent . procedure to be taken up in the laboratory V.S. blue specks if nitrates are present.
Explosive

Is any substance that may cause an explosion by its sudden decomposition or combustion. A material either a
pure single substance or mixture of substances which is capable of producing an explosion by its own energy.

Hair
Is a specialized epithelial outgrowth of the skin which occur everywhere on the human body except on the
palm of the hands and the sole of the feet. Hair is not completely round but maybe oval flattened. Its width is
not always the same along its length. It start out pointed and narrow and then strays more or less the same.

DOCUMENT
An original or official written or printed paper furnishing information or used as proof of something else.

WATERMARKS – it is a distinctive mark or design placed in the paper at the time of its manufacture by a roll
usually a dandy roll.

WIREMARKS – marks produced on paper by the flexible wire soldered to the surface of the dandy roll that
carries the watermark.

GLASS
A supercooled liquid that possess high viscosity and rigidity. It is a non-crystalline inorganic substance.

METALLURGY – the art of extracting and working on metals by the application of chemical and physical
knowledge.

METALLOGRAPHY – branch of metallurgy that involves the study of the microstructures of metals and
alloys.

PETROGRAPHY – branch of geology that deals with the systematic classification and identification of rocks,
rock forming minerals and soil. Also includes study of dust, dirt, safe insulation, ceramics and other such
materials, both natural and artificial.

COUNTERFEIT COINS – coins made to imitate the real thing and used for gain.
PETROGRAPHY – branch of geology that deals with the systematic classification and identification of rocks,
rock forming minerals and soil. Also includes study of dust, dirt, safe insulation, ceramics and other such
materials,
both natural and artificial.

UNDER THE REVISED PENAL CODE -Arson is the destruction of property by fire and the extent of liability
depends on Kind and character of the building ,Its location, Extent of damage or value, Its state of being
inhabitant or not

1. Willfulness −− means intentional and implies that the act was done purposely and intentionally.
2. Intent −− is the purpose or design with which the act is done and involves the will. An essential element of
crime, movie, motive is not.
3. Motive −− is the moving cause which includes the commission of a crime. Something that leads or influence
a person to do something.
4. Malice −− denotes hatred or will or a desire for revenge. Is the intent to do injury to another.

PYROMANIA −− an uncontrollable impulse toward incendiarism. A tern used to describe a condition of mind
leading to an act of arson.
PYROMANIAC −− a type of person who has passion for fire that can be satisfied only by watching flames.
People who get pleasure in watching fireman put out fire.

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Sjtit-Criminologist Batch 2011

· April 16, 2012 ·

Criminal Sociology

Human Behavior CRISIS MANAGEMENT

CRISIS – is derived from the Greek “krisis” which means separate. It is the turning point decision in a process
of an affair or a series of events.

It is a period of disorganization, period of upset during which people attempts at arriving at solution of
problems. It is a state provokes when a person faces obstacles or hazards to an important life goal.

EMERGENCY – is derived from the Latin word “emergencia” which means dipping/plugging. A sudden
condition or a state of affairs calling for an immediate action.

CRISIS MANAGEMENT defined

Crisis management is the proper utilization of all available resources and the formulation of policies and
procedures to effectively deal with progressive sequence of events (crisis) and sudden or unforeseen state
(emergency).

Disorders and Terrorism

- the word terrorism is used. to define almost all illegal acts of violence committed for political purposes by
clandestine groups.

National Terrorist
- A terrorist who operates and aspires to political power primarily within a single nation.

Transnational Terrorist
- This is a terrorists who operates across national boarders, whose actions and political aspirations may affect
individual of more than one nationality.

International Terrorists
- A terrorists who is controlled by, and whose actions represents the national interest of a sovereign state.
POLICE ETIHICS AND PCR
Police - Is a group persons established, maintained and organized for keeping order, safety, protection of lives
and properties and for prevention and detection of crimes.
Community - Refers to the civilian populace in cities, municipalities or Public in general, and shall used
interchangeably with public, citizenry, society, or private sector.
Police Ideal - Is the expected essence of perfection, sympathetic, courteous intelligent, honest, and in control of
his emotions and temper, at all times. It is also includes courage and highest sense of dedication to duty.
Personal Media - Implies the use of rallies, meetings, speeches and house to house visits to the community.
Barangay - Is the basic political unit of the Filipino nation that implements the policies of the national and local
governments.
Propaganda – It is a well-planned use of Public or mass communication for public purpose.
Police Community Relation - Is the sum total of dealings between the police and the people it serve and whose
goodwill and cooperation it craves for the greatest possible efficiency in the service.

REVIEW NOTES IN CRIMINAL JUSTICE SYSTEM

FORMS OF PUNISHMENT
1. Death penalty – capital punishment
2. Imprisonment – the legal process of confining the offenders in prison for the pur¬pose of protecting the
public and at the same time rehabilitating them while undergoing institutional treatment program.
3. Destierro (banishment/exile ) - the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25 km.-perimeter.
4. Fine or compensation
5. Civic duties

. DURATION OF PENALTIES
1. RECLUSION PERPETUA - imprisonment of more than 20 years; maximum imprisonment of 30 years; the
prisoner (convict) may apply for executive clemency (pardon) unless he is disqualified by law
2. RECLUSION TEMPORAL - imprisonment of 12 years and 1 day to 20 years
3. PRISION MAYOR - imprisonment of 6 years and 1 day to 12 years
Temporary disqualification
4. PRISION CORRECTIONAL - imprisonment of 6 months and 1 day 6 years
Suspension and Destierro
5. ARRESTO MAYOR - imprisonment of 1 month and 1 day to 6 months
6. ARRESTO MENOR - imprisonment of 1 day to 30 days
BOND TO KEEP THE PEACE or FINE - the amount of fine to be imposed is discretionary with the court

PRISON defined:
1. Prison is synonymous with penitentiary; a classical place of torture and extreme hardship. (Traditional
description)
2. It is an institution for the incarceration of persons convicted of major/serious crimes.
3. It may refer to a building or other place established for the purpose of taking safe custody or confinement of
criminals or others committed by lawful authority.

JAIL defined:
1. A Jail is a place for locking-up persons who are convicted of minor offenses or felonies.
2. It refers to a local or temporary place for confinement of criminal offenders, as distinguished from prison.
3. It is a facility purposely designed for detaining or confining persons who are awaiting trial and who are
already convicted but suffering short term of imprisonment.

PUNISHMENT defined:
Punishment is the penalty imposed for the transgression of law. It refers to any ill suffered in consequence of
wrongdoing. There are two (2) major goals of punishment:
1. to inflict deserved suffering on evil doers; and
2. preven¬tion of crime

PENALTY defined:
Penalty refers to the consequences (such as suffering or loss) that follow the transgression of laws. Strictly
speaking, it is the judicial punishment for crime or violation of a law.

IMPRISONMENT defined:
Imprisonment refers to the state or condition of being con¬strained, restrained, or incarcerated in confined
room or build¬ing. It is actually a form of conventional punishment of criminal offenders. There are three (3)
traditional purposes of Imprisonment.
1. To insure the presence of the accused during trial
2. To administer punishment by confinement or incarceration
3. To secure the society from being molested by undesirable characters.
The FAMILY
The Family refers to the basic social group united through bonds of kinship or marriage, present in all societies.
It is the primary institution that molds a child to become a law-abiding person or a delinquent.
The SCHOOL
The second integral stage of the behavioral/social development process is the school. It is said that the school is
an extension of the home having the strategic position to control crime and delinquency

The CHURCH
The Church is the institution that provides a place for public worship and the services needed to enhance the
spiritual and moral character of an individual

The MASS MEDIA

The media is the best institution for information dissemination thereby giving an opportunity to the public to
know the necessary facts of life that help them shape their daily views about crime and its control.

Non-Government Organizations (NGOs)

NGOs are private organizations that are civic-oriented and thus promote peaceful and productive society.
These are groups of concerned individuals responsible for helping the government to pursue community
development.

Introduction to Criminology

CRIME is also a generic name that refers to offense, felony and delinquency or misdemeanor.
Offense – is an act or omission that is punishable by special laws ( a special law is a statute enacted by
Congress, penal in character, which is not an amendment to the Revised Penal Code) such as Republic Acts,
Presidential Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules and Regulations (
Reyes, 1960)
Felony – is an act or mission that is punishable by the Revised Penal Code, the criminal law in the Philippines
(Reyes, 1960).
Delinquency/Misdemeanor – acts that are in violation of simple rules and regulations usually referring to acts
committed by minor offenders.

• celerity -- the swiftness with which punishment follows a crime

• certainty -- the probability that a crime will be detected and punished
• deterrence -- the prevention of a certain act or acts (such as a crime)
• severity -- the painfulness or unpleasantness of a sanction
• GENERAL deterrence -- when punishing offenders has a discouraging effect on other would-be offenders;
e.g., members of the general public, persons who witness or hear about the punishment vicariously
• SPECIFIC deterrence -- when punishment acts to reduce recidivism; e.g., the repeated offenses committed by
convicted, punished offenders

Normal Behavior (adaptive or adjusted behavior) – the standard behavior, the totality accepted behavior
because they follow the standard norms of society. understanding criminal behavior includes the idea of
knowing what characterized a normal person from an abnormal one.
Abnormal Behavior (maladaptive/maladjusted behavior) - A group of behaviors that are deviant from social
expectations because they go against the norms or standard behavior of society.

Neurotic/Psychoneurotic Behaviors
Neurotic/Psychoneurotic behaviors are groups of mild functional personality disorders in which there is no
gross personality disorganization, the individual does not lose contact with reality, and hospitalization is not
required.
PRE-TWENTIETH CENTURY
(18th C – 1738 - 1798)
In the eighteenth century, criminological literature, whether psychological, sociological, or psychiatric in bent,
has traditionally been divided into three broad schools of thought about the causes of crime: the classical, neo-
classical and the positivist schools of criminology.

The Classical School of Criminology

This is the school of thought advocated by Cesare Beccaria whose real name is Cesare Bonesara Marchese de
Beccaria together with Jeremy Bentham (1823) who proposed “Utilitarian Hedonism”, the theory, which
explains that a person always acts in such a way as to seek pleasure and avoid pain.
Cesare Beccaria in his “ESSAY on Crimes and Punishment” presented his key ideas on the abolition of torture
as a legitimate means of extracting confessions. The Classical theory maintains that man is essentially a moral
creature with absolute free will to choose between good and evil therefore tress is placed upon the criminal
himself; that every man is responsible for his act.
Freewill (Beccaria) – a philosophy advocating punishment severe enough for people to choose, to avoid
criminal acts. It includes the belief that a certain criminal act warrants a certain punishment without any
punishment without any variation.
Hedonism (Bentham) – the belief that people choose pleasure and avoid pain.

The Neo-Classical School of Criminology

The neo-classical school of criminology argued that situations or circumstances that made it impossible to
exercise freewill are reasons to exempt the accused from conviction.
This school of thought maintains that while the classical doctrine is correct in general, it should be modified in
certain details, that children and lunatics should not be regarded as criminals and free from punishment, it must
take into account certain mitigating circumstances.

The Positivist/Italian School (1838 – 1909)

It maintained that crime as any other act is a natural phenomenon and is comparable to disaster or calamity.
That crime as a social and moral phenomenon which cannot be treated and checked by the imposition of
punishment but rather rehabilitation or the enforcement of individual measures.
Cesare Lombroso and his two students, Enrico Ferri and Rafaele Garofalo advocated this school.
Cesare Lombroso (1836 – 1909) – The Italian leader of the positivist school of criminology, was criticized for
his methodology and his attention to the biological characteristics of offenders, but his emphasis on the need to
study offenders scientifically earned him the “father of modern criminology.” His major contribution is the
development of a scientific approach to the study of criminal behavior and to reform the criminal law. He
wrote the essay entitled “CRIME: Its Causes and Remedies” that contains his key ideas and the classifications
of criminals.

Enrico Ferri (1856 – 1929) – He was the best-known Lombroso’s associate. His greatest contribution was his
attack on the classical doctrine of free will, which argued that criminals should be held morally responsible for
their crimes because they must have made a rational decision to commit the crime.
Raffaele Garofalo ( 1852 – 1934) – Another follower of Lombroso, an Italian nobleman, magistrate, senator,
and professor of law. Like Lombroso and Ferri, he rejected the doctrine of free will and supported the position
that the only way to understand crime was to study it by scientific methods. Influenced on Lombroso’s theory
of atavistic stigmata (man’s inferior/ animalistic behavior), he traced the roots of criminal behavior not to
physical features but to their psychological equivalents, which he called “moral anomalies”.

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Sjtit-Criminologist Batch 2011

· April 16, 2012 ·

How to Understand Criminology Theories

When it comes to understanding the theories behind connections between crimes and individuals or the
community, many people may not realize that the beliefs that differentiate the theories are not as complex as
they may seem at first. By simplifying the core of the theories, individuals are able to more properly understand
the different theories that can help individuals to identify the theory that they most identify with when
considering the interactions of crime and society. Once the foundation of the theories are understood, it is much
easier to build upon the theory by including some of the more complex ideas supported by the theory. A
number of theories exist, and many are being created daily on the part of individuals. However, there are a few
theories that are more common and widely held as beliefs than other theories may be.

There are social structure theories, or those theories that the status and construction of the social setting will
define the likelihood and amount of crime in the area. Individuals that are exposed to poverty and other signs of
social deterioration are believed to be more prone to crimes and acts of violence. There are other specific social
theories that believe crime is perpetuated by the inequality that exists within the social structure that is
established. When people are unable to achieve that which society expects of them, such as the “American
Dream”, these individuals turn to crime to try to realize this dream. Individual theories exist in order to explain
criminology within a society. Trait theories are those based on scientific knowledge of the human body and
how chemicals and genetic material will determine or alter how an individual responds to stimuli. Aggressive
behavior and antisocial tendencies are just some of the many personality traits of individuals that are involved
in crime, and the links to genetics, hormones and other biological factors are currently being studied.

Some theories stop looking at what encourages an individual to become corrupt, and instead focus on the
effects of society to explain how and why some people are able to lead productive and admirable lives. These
theories are commonly referred to as control or social control theories. In an example, it is illustrated that an
individual that has a greater degree of self control will be able to wait patiently while attaining their dream or
goal instead of using possibly degenerate means in order to gain immediate access to their desire. Symbolic
interaction as a theory examines the relationship of the powerful, ruling class and those that are less powerful.
By integrating themselves into the belief that they were less powerful, youths that were looked down on played
up to the role designated to them. It represents a self-fulfilling prophecy of sorts since the youths are taking the
more powerful group at their word and transferring the definition onto themselves as criminals.

Of the last main theories that surround criminology, rational choice theory maintains that criminals weigh the
pros and cons of an outcome just like anyone else. When the costs and benefits are dissected, the criminal will
make a decision. They may also consider the time and place for the crime as well in order to find the situation
with the lowest crime risk.

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Sjtit-Criminologist Batch 2011

· April 16, 2012 ·

How to Notice the Difference between Criminology and Psychology

Psychology is the scientific study of an individual’s behaviors and thoughts as a basis for their personality and
reactionary processes. There are many reasons that a person may be studied by a psychologist. Sometimes, the
people who are being studied are simply trying to find ways to move past a particular feeling or longing that
they cannot seem to let go of on their own. By using psychology and investing in the help that they can receive
from a psychologist, a person can be shown the different ways in which they approach situations and learn to
react differently and redefine their approaches to problems or stressors. In learning different habits as reaction
processes, a person can learn to overcome different problems or feelings that they may have not been able to do
at an earlier time, before being studied in the psychology field. Psychologists tend to amass the information
that they are able to gather from different subjects in order to learn about how the human mind operates in a
general sense. The information can be used also to notice the similarities and differences that exist between the
individual mind and assessment of life.

While Criminology is also the study of an individual’s behavior and thought process, there is a specific
outcome that is being sought by the criminologist. The individual’s actions and thoughts are being investigated
in order to learn how that individual is able to either overcome or succumb to the different elements of crime
that exist within an environment. There are many different thoughts surrounding how a criminal comes to be.
Some believe a criminal is born with the natural instinct to be deviant while others believe that the criminal
element is nurtured within an individual by specific environmental aspects. Criminologists are often in the
pursuit of why and how a person is able to act out in a way that is either hurtful to themselves or others. They
use their knowledge in order to provide a safe and comforting environment for the general public.

Psychological criminology is a specific branch of criminology that combines these two perspectives. By using
psychology as the only basis for the invention of the individual, criminologists are able to generate a profile of
the perpetrator. In looking at an individual’s actions or behavior patterns, psychological criminologists are able
to see into the personality of the individual that is being tracked or studied. This can help criminologists to
analyze the pattern in order to cut the perpetrator off before they are able to perform their next criminal act, if
the individual is still on the loose, or it can help the criminologist to understand how the crime came to be, in
effect determining the motive for the crime. However, psychological criminologists are typically not the ones
who will help criminals to move beyond their behavioral or mental deviants. Instead, they generally use their
knowledge in order to help others understand what the criminal did and why, effectively helping to get answers
out of the criminal that may be useful or necessary.

By analyzing the mind, both criminologists and psychologists are attempting to gain insight into the individual.
While in some instances this is being done for the benefit of the individual, in other instances this is being done
in order to keep the public at large safe from the individual.
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Sjtit-Criminologist Batch 2011

· April 16, 2012 ·

How to Use Criminology and Forensic Science to Effectively Solve Crimes

There are a number of ways in which an individual is able to couple criminology and the practices of forensic
science in order to catch a criminal. In some cases, the individual is profiled through criminology and matched
up to the forensic evidence left at the scene of the crime. However, there are a number of other ways in which
the two genres are used together in order to bring about justice within the penal system. Criminology is the
study of how science and environment affects the criminal mind, as well as the interaction between individuals
or communities and the criminal element. Forensic science is the area of study in which individuals are able to
transform one small piece of information into something of substance. In many cases, forensic scientists are
able to use pieces of forensic evidence and what they learn from this piece in order to effectively illustrate
either a link between and individual and the crime or an alibi for the individual wrongly accused of a crime.

A few major career focus areas for forensic scientists exist. Criminology areas of expertise range as well,
although they are all trained by learning similar material in school. Forensic science fields are especially
diverse and offer unique benefits within each one. Together, the members of the forensic science and
criminology teams are able to work together in order to piece together their separate information to come up
with one solution near completion, based on the facts they have all gathered. For example, a police officer
working as a criminology expert may be able to psychologically profile a suspect, but they would require the
help of a forensic scientist in order to match carpet fibers from the crime scene to carpet fibers in the suspect’s
home or vehicle. By linking together all the separate notions that each individual is able to learn, a complete or
near complete timeline of the suspect and crime can be composed. With enough evidence, this can be taken
before a court and the trial will begin against the alleged suspect.

Some of the categories that exist for individuals involved in forensic work include medical examiners that
inspect corpses, crime laboratory analysts that are able to look at the chemical and biological makeup of pieces
of evidence, crime scene examiners, and those that assist in a technical or academic capacity. Through the
combination of these different branches, coupled with the work of criminologists, crimes can be pieced
together in a more logical and straightforward way, in order to illustrate to juries and judges the events of the
crime and suspected individual. This is especially important because in serious cases the jury has to be in
agreement that there is no reasonable doubt on the part of the individual defendant’s role in the crime. In other
cases, the defense will use the forensic evidence in order to clear their defendant of the charge or charges
against them. By using virtually irrefutable evidence of a scientific nature, the jury and the judge are able to
clearly see how crimes are or are not linked to the suspect.

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 Sjtit-Criminologist Batch 2011
· April 16, 2012 ·

Sextortion is a form of sexual exploitation where people are extorted with a nude image of themselves they
shared on the Internet through sexting. They are later coerced into performing sexual acts with the person doing
the extorting, and are coerced into performing hardcore pornography.

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