REVIEW CENTER

FUNDAMENTALS OF CRIMINAL INVESTIGATION

HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION

JONATHAN WILD = a buckle maker, a brothel operator, and a master criminal became
London’s most effective criminal investigator. He was the most famous thief catcher. His
methods made popular the logic of “employing a thief to catch a thief.” He conceived the idea
of charging a fee for locating and returning stolen property to its rightful owners.

HENRY FIELDING = an Englishman who wrote a novel, “Tom Jones,” was appointed as
magistrate (Sheriff) for the areas of Westminster and Middlesex in London. He operated out of a
court in London located on Bow Street. Shortly after his taking office, the London population
saw a group of police officers attached to the Bow Street Court, and not in uniform, performing
criminal investigative functions.

SIR JOHN FIEDLING = the younger brother of Henry took over the control of Bow Street
Court in 1753. His investigators were then called “Bow Street Runners” and became quite
effective because of developing paid informants, printing wanted notices, employing criminal
raids, and bearing firearms and handcuffs.

PATRICK COLQUHOUN = a notorious thief catcher and former convict. He proposed the
unique idea of a sizeable uniform force to police the city. He and those criminals under his
direction operated with the complete sanction of the police. At the end of a lengthy criminal
career in 1809, he offered his services as an informer to the Paris police authorities. He surfaced
as a secret informer in 1817 and, under police authorization, formed the first Paris police
detective bureau.

SIR ROBERT PEEL = he reiterated the idea of creating a sizeable police force. The eventual
passage of his recommendations, known as the METROPOLITAN POLICE ACT, was to
have a tremendous impact on the history of criminal justice in general and on the development of
criminal investigation specifically.

CHARLES DICKENS = famous English novelist that popularized the SCOTLAND YARD.
He edited a popular magazine in London in which appeared many articles describing the noble
investigative efforts of the “yard.” It was through his writings and other literary efforts the
London’s public became gradually more acceptant of the officer in plain clothes.

HOWARD VINCENT = head of the Scotland Yard organized investigators known as the
CRIMINAL INVESTIGATION DEPARTMENT. He is a London lawyer without field police
experience, who had observed operations of the Paris police. The Department contained several
hundred detectives.

ALLAN PINKERTON = America’s foremost private detective. By profession, he was a self-

employed barrel and cask maker. While scouting for wood supplies to be used in his business, he
detected and later apprehended a local gang of counterfeiters. Soon after his counterfeiting
experience, local citizens besieged him for assistance in recovering stolen property and other
investigative matters.

He became the first detective of the Chicago Police Department in 1849. The following
year, he worked in the same city as a special US mail agent, detecting mail thiefs. He then
opened his private detective agency in the early 1850’s in partnership with Chicago attorney,
EDWARD RUCKER. Their business immediately became successful and formed the North-
Western Police Agency.

1
 REVIEW CENTER
Among his numerous methods, he pioneered the “shadowing” (the art of suspect
surveillance) and a “role” (working in an undercover capacity). The agency was also the first to
hire a female detective, KATE WARNE.

THOMAS BYRNES = Chief of the detectives New York City, was one of the famous
investigators of the nineteenth century. An unusually keen-minded individual with 32 years of
police experience, he trained his detectives in recognizing individual criminal techniques. This
method was later to be known as “modus operandi” or method of operation and is considered
an essential tool of investigation to this day.

J. EDGAR HOOVER = under his dictatorship in 1924, the Federal Bureau of Investigation
was organized. This bureau then contributed to the overall development of criminal
investigation. The creation of a nationwide identification file in Washington, D.,D., operated by
the FBI, was a major step in consolidating identification records of thousands of individual
police departments.

LEGAL PROVISIONS SIGNIFICANT TO THE DEVELOPMENT OF CRIMINAL

INVESTIGATION

1961, USA = MAPP vs. OHIO (376 vs. 584)

The Supreme Court ruled that illegally obtained evidence is inadmissible in state
criminal prosecutions. This case established the “Doctrine of Poisonous Tree.”

MIRANDA DECISION

A kidnapping and rape investigation in Phoenix, Arizona, resulted in the arrest of Ernesto
Miranda as the suspect. Following a lineup identification by the victim, the suspect was
interviewed for two hours-a relatively short period of time for a major case of this nature. During
this time period, Miranda confessed orally, then gave investigators a written confession
regarding the offense. The suspect was subsequently convicted, with the Arizona Supreme Court
upholding the lower court decision. The United States Supreme Court reversed this decision,
stating that the suspect’s rights to counsel and his protection against self-incrimination had been
violated. As a result of this landmark decision, the so-called MIRANDA WARNING has
become mandatory. Suspects taken into custody or deprived of their freedom of action, who are
to be questioned by law enforcement officers, must be warned in substantially the following
terms:

1. You have the right to remain silent.

2. Anything that you say can be used against you.
3. You have the right to talk with a lawyer and have the attorney present during
questioning.
4. If you cannot afford an attorney, one will be appointed to represent you before any
questioning at your request.

PHILIPPINE SETTING

1973 PHILIPPINE CONSTITUTION, ART. 111. SECTION 20.

“No person shall be compelled to be a witness against himself. Any person under
investigation for the commission of an offense shall have the right to remain silent and to
counsel, and to be informed of such right. No force, violence, threat and intimidation, nor any
means which vitiates the free will shall be used against him. Any confession obtained in
violation of this section shall be INADMISSIBLE as evidence.”

2
 REVIEW CENTER
The warning of the right to remain silent must be accompanied with an explanation that
anything said can and will be used against the individual in court. This warning is needed in
order to make him aware not only the privilege but also of the consequences of forgetting
it(People vs. Duero, 104 SCRA 379, 1981)

1987 PHILIPPINE CONSTITUTION, ART.111 SECTION 12 (1)

“ Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have a competent and independent counsel
preferably of his choice. If the person cannot afford the services of a counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of a
counsel.”

PRINCIPLES OF INVESTIGATION

1. No two crimes are alike

2. Most crimes are resolved in one hour
3. Most crimes are solved by guesswork and luck
4. the law provides elements as to what happened
5.The modus operandi provides clues as to who did it?
6.Criminals always make mistakes
7.Evidence is always present
8.People always lie to you
9. Learn to work with others
10. Know when to give up
11. Public opinion is important
12.You can never receive too much training
13. there is never enough time
14. The proper ethics is to put behind bars, but not by any means
15. think like a “native,” not a criminal
16. document everything
17. Establish credibility in court.

CRIMINAL IDENTIFICATION
= Identification of suspects and the actual culprits of the crime is one of the primary task
in criminal identification. Most criminal cases referred for investigation have unknown suspects.
The suspect’s action is known, but positive identification has not been made. Even when the
suspect’s identity is known, identification procedures may be required to confirm information
given by victims or witnesses.

METHODS / TECHNIQUES OF CRIMINAL IDENTIFICATION

1. FINGERPRINTS (Dactyloscopy) = The latent print lifted from the crime scene is compared
with the actual print of the suspect. If the two are the same, the latent prints belongs to the
suspect.

2. ROGUES GALLERY = Use of photographic files/mug files wherein the witness is invited to
the police station and then requested to examine the photographic files of known criminals.

3. GENERAL PHOTOGRAPH METHOD = The investigator shows to a witness/victim a

variety of faces that may not necessarily/directly represent the face of the criminal. The
photographs shown to the witness only represent different features of faces. The image in the
picture maybe similar and thus include the various features such as:
a. degree of baldness
b. length and shape of nose

3
 REVIEW CENTER
c. size of the ears
d. formation of the chin, jaw, and cheekbones
e. others

4. CARTOGRAPHY = The witness and the investigator develop a picture of the criminal with
the help of a skilled cartographer. Based on the description of the witness, the artist draws a
composite face that approximates the criminal’s facial appearance.

5. POLICE LINE-UP OR SHOW-UP = this involves a process of letting/allowing a witness to

select the primary suspect from a group of chosen persons (suspect and innocent person). This
method is more convenient than the other methods since the “element of suggestion” is avoided
or minimized in the identification process.

PHASES OF INVESTIGATION

1. PRELIMINARY OR INITIAL INVESTIGATION = It involves the first exposure of the

criminal offense to the investigative process. It serves as the foundation for the case; therefore, it
must be a proper foundation or the entire investigation is on jeopardy. The first police
representative on the crime scene will usually be a uniformed patrol officer. His duties are to
provided aid to the victim, to secure the crime scene for later investigation, and to begin
documenting the facts of the crime.

a. Offense determined = Specific nature of the crime, detailed description must be

transmitted as soon as possible.
b. Suspect arrested, if possible = the outcome of preliminary investigation is governed
by the passage of time. The longer the interval without arrest, the lower the probability of
success.

c. Crime scene protected = protection of the crime scene is one of the first procedure in
the investigation of crime. The preliminary inquiry focuses on the crime scene as the major area
of importance.
d. Victim and witnesses identified = anyone who can add information to the initial
investigation. The victim is given the priority for the officer’s attention. A basic interview is
conducted with the victim, keeping in mind that the victim will be interviewed again during in-
depth investigation.
e. Basic statements be taken
f. Crime scene processed

ACRONYM OF PRELIMINARY INVESTIGATION

P = roceed to the scene promptly and safely
R =ender assistance to injured persons
E = ffect arrest of the criminal
L = ocate and identify witnesses
I = nterview complainant and witnesses
M = aintain integrity of crime scene and protect evidence
I = nterrogate the suspect as necessary
N = ote conditions, events, and remarks
A = rrange for evidence collection or collect it yourself
R = eport the entire incident fully and accurately
Y = ield responsibility to follow-up investigator or superior officer

11. FOLLOW-UP OR IN-DEPTH INVESTIGATION = It follows up the preliminary or

initial investigation. The in-depth inquiry begins with a general reexamination of all facts, leads
and other types of information secured during the preliminary investigation. The detective must
determine if the preliminary inquiry was complete and attempt to answer the following:

4
 REVIEW CENTER
1. Was the crime scene processed in a proper manner?
2. If the suspect was arrested, was the arrest legally competent?
3. Of the physical evidence secured, should be examined by the crime laboratory, and
what specific examination should be requested?
4. Are the identifying data concerning victims and witnesses correct?
5. Has the preliminary officer been contacted in regard to leads or areas of inquiry not
found in the formal preliminary report?

111 FINAL OR CONCLUDING INVESTIGATION = The direct outgrowth of the previous

two stages. The investigating officer works closely with the prosecuting attorney. A criminal
case should be prepared for trial in the following order:

1. Review the suspect’s arrest to ascertain its legality

2. Review all suspect’s statements and admission as to their legality
3. Review the manner in which all relevant evidence has been secured
4. Reexamine legal requirements of victims and witness statements and
identification of the suspect
5. Review and compile all notes, reports and documents that may be used during the
trial.
6. Review all information secured by the use of informants and make decisions
about the possibility of their use in court.
7. Arrange for all necessary expert-witness testimony

TOOLS OF CRIMINAL INVESTIGATION OR THE THREE (3) I’S OF

INVESTIGATION

1. INFORMATION = Any knowledge derived from any source which can be used as a basis or
as a means for decision making to facilitate the successful termination of a criminal
investigation.

= Information is the first vital key of successful investigation. Without appropriate or

adequate information, investigators will encounter difficulties in deciding where they should start
or continue their inquiry. Thus, the ability to secure and systematically collect information is a
major asset of a good and competent investigator.

SOURCS OF INFORMATION

A. HUMAN SOURCE OF INFORMATION

1. VOLUNTARY INFORMANT = Anyone, regardless of a criminal or law abiding

background, who provides information to the public without ulterior motive or payment.

Ways of obtaining voluntary information

a. Personal cultivation = Contacts made during a past investigation proves to be useful to
the present case.

b. Departmental reference = Many police agencies have established file listings of

voluntary informants cultivated in prior investigation. The files may be cross-referenced
by name, type of information obtained, and occupation. Such information may prove to
be very useful or of no value at all depending on the information.

c. Unsolicited contact = Voluntary informants who self-initiate the police contact.

Identified subjects who report criminal activity without being solicited, or subject who
give anonymous tips over the phone or by letter.

5
 REVIEW CENTER
2. INFORMANTS WITH ULTERIOR MOTIVES = Individuals who provided the police
with information for self-serving reasons. They do not demand or receive money for their
information, however, serving as informant benefits them in some fashion.

3. PAID INFORMANTS = An individual who receives monetary compensation for

information given.

B. DOCUMENTARY SOURCE OF INFORMATION = Any type of information of a printed

nature, or data otherwise recovered and stored for retrieval. Such information may be obtained
from within the police agency, from other criminal justice agencies, and from sources not
connected with law enforcement.

= e.g. public records, private records, modus operandi files

C. PHYSICAL SOURCES OF INFORMATION

1. THE CRIME SCENE = The place where the crime was committed. All pieces of
evidence secured from the crime scene is reviewed as to its information potential. Crime scene
evidence often has significant value in providing the officer with suspect-tracing information.

2. WIRETAPPING = Interception of telephone calls.

3. ELECTRONIC SURVEILLANCE OR EAVESDROPPING = Listening on spoken

interactions via devices that gather and amplify sounds. EAVESDROPPING is listening to
conversations without the use of any device.

OBJECTIVES OF INFORMATION

1. FOR POLICE INVESTIGATORS = Information is used in decision making and in policy

formulation.

2. FOR OPERATIONAL COMMANDERS = Information concerning their commands,

personnel, logistics, and deployment.

3. FOR INVESTIGATIVE SUPERVISORS = Information is necessary to establish priorities

concerning cases to be investigated, the criteria for selection of cases and supervision of cases
under investigation.

4. FOR INVESTIGATORS = Information is required about the characteristics and peculiarities

of previous cases similar to the one under investigation, development of leads, and guidance
during the interrogation phase of the investigation. Information on criminals operating within the
jurisdictional area of the department.

MOTIVES OF INFORMER/INFORMANT

1. Vanity = Self-aggrandizing persons is delighted in giving information to gain favorable

attention/treatment from the police

2. Patriotism = Civic-minded public or spirited persons of good standing in the community who
are interested in seeing that justice is done.

3. Repentance = The person, usually an accomplice provides information because of a change of

heart and wishes to report a crime that is preying on his conscience.

6
 REVIEW CENTER
4. Fear = The person is under illusion or oppression by his enemies or other impending danger.

5. Avoidance of punishment

6.Showing gratitude for gaining something

7. Competition

8. Revenge

9. Jealousy

10. Remuneration

METHODS OF OBTAINING INFORMATION

1. OVERT = The visible way of obtaining information like conducting interview, patrol, crime
scene search, regular performance of police activities and custodial interrogation.

2. COVERT = The secret way of obtaining information like

a. surveillance = this can be done through physical or technical fixed or mobile
b. undercover assignments like roping, penetration, infiltration
c. entrapment
d. tactical interrogation

DEVELOPMENT AND CONTROL OF INFORMANTS

CONFIDENTIAL INFORMANT = An individual who supplies information on a confidential

basis with the understanding that his identity will not be made known.

USES OF INFORMANTS

1. Maximum benefit = the confidential informant should be used for the maximum benefit of the
entire organization, not of only one (1) officer/ investigator.

2. A designated executive should be aware of the identity of the informant. At least two (2)
individuals in the law enforcement agency should know the identity of a confidential informant.
This gives him the feeling that he is really cooperating with the police. It is also possible that
something might happen to you which would mean the loss of the information to the entire
police force. Besides the officer who developed the informant, it is suggested that the other be a
rank-officer to give the informant a feeling of importance.

3. Consider a program within your respective commands for the development of informants.

a. Keep records as to the ability of your men to develop informants.

b. Keep records as to the accomplishments of each of the informants. This should tell
you who among the informants should be discarded.
c. Keep records as to fugitives apprehended, loot recovered and cases given to you.
d. Maintain a tickler system to review your information’s contribution to your
command.

7
 REVIEW CENTER

11. INTERVIEW AND INTERRROGATION

INTERVIEW = The casual but systematic conversation with the person who may knowledge
relevant to a crime under investigation, but no personal reason to withhold information.

= A communication involving two or more persons for the purpose of obtaining

information relative to a crime under investigation. The information gathering process will vary
in difficulty in direct proportion to the following factors:

a. cooperative attitude of the subject (the person being interviewed)

b. perspective ability of the subject
c. skill of the investigator
d. emotional state of the subject
e. legal knowledge of the investigator

TYPES OF INTERVIEW

1. BACKGROUND INTERVIEW = This is focused only in obtaining data regarding the

personal background of the subject, the simplest type of interview used in criminal cases.

2. SUBJECTIVE INTERVIEW = An interview wherein the questions are phrased in a manner

such that the subject’s answers are based on his personal opinions or views. Questions are
designed to deal with the subjective aspect of the case.

3. OBJECTIVE INTERVIEW = The questions are designed to acquire the basic and specific
data or facts regarding a criminal case. It is the type of interview that complies with the six
cardinal points of criminal investigation ( the 5 W’s and 1 H)>

STAGES OF INTERVIEW

1. PRELIMINARY = The first or initial questioning usually conducted at the crime scene.

2. FOLLOW-UP = This is to obtain further information that was missed during the initial
interview and to clarify data that has been already gathered.

3. FINAL = This is the last step of questioning that may lead to the act of offering a witness to
testify during court trial.

INTEVIEW FORMAT (IRONIC)

1. IDENTITY
a. The investigator should identify himself to the witness by name, rank and agency.
b. he should try to size up the interviewee and reach a tentative conclusion about this type
then use the best interview approach.

2. RAPPORT = The investigator must establish good inter-personal relationship with the
witness.

3. OPENING STATEMENT = The investigator must explain why the witness is being
contacted.

8
 REVIEW CENTER
4. NARRATION = Allowing the witness to present in a narrative form without injecting
questions. This will allow the continuity and clearness; range of interview is broadened; and it
helps the interviewee recall and relate event in their proper order.

5. INQUIRY = After the witness has told the story, the investigator can make clarifying
inquiries.

6. CONCLUSION = The interview should be concluded when the witness has nothing pertinent
to offer.

INTERROGATION = The formal systematic questioning of a criminal suspect for the purpose
of securing an admission of guilt concerning his connection with, or participation in a crime
under investigation.

CUSTODIAL INVESTIGATION = The skillful questioning of a suspect or hostile

witness to divulge information concerning the crime under investigation.

CUSTODIAL INTERROGATION = It is the stage wherein police investigators begin

to focus on the guilt of the suspect, and the suspect is taken into custody or deprived of his/her
freedom of action in any substantial manner.

= It must be remembered, however, the police investigators cannot learn proper

investigation merely by reading books. The success of interrogation depends on its legality,
topic, physical insight and experience.

PURPOSES OF INTERROGATION

1. To obtain information concerning the innocence or guilt of the suspect.

2. To obtain a confession to the crime from the guilty suspect.

 Confession = The direct acknowledgement of the truth of the guilty fact as charges or of
some essential part of the commission of the criminal act itself. To be admissible, a
confession must be voluntary and trustworthy.

= It is an express acknowledgement by the accused in a criminal case, of the truth of his

guilt as to the crime charged, or of some essential part thereof.

TYPES OF CONFESSION

a. Judicial confession or confession in open court.

b. Non-judicial confession which is also called “out-of-court or extra judicial

confession.” This kind of confession is inadmissible unless corroborative by proof of
corpus delicti.

c. Involuntary confession = When the confession was induces by promises of the

benefits or reward, or by force, violence, threat, intimidation, duress, or any other
means which vitiates the free will of the accused. A person who confesses that he
committed a crime in effect, waives his right to remain silent. Therefore, for the
confession to be valid, it must not only be voluntary, but also in writing and made
with the assistance of a counsel of his own choice , with full understanding of the
consequences of such confession.

3. To induce the suspect to make admission.

9
 REVIEW CENTER

* Admission = It is a self-incriminatory statement by the subject short of

acknowledgment of guilt. It is an acknowledgement of a fact or circumstance from which
guilt may be inferred. It implicates but does not incriminate.

4. To know the surrounding circumstances of a crime.

5. To learn the existence and location of physical evidence such as documents or
weapons.
6. To learn the identity of accomplices.
7. To develop information which will lead to the recovery of the fruits of the crime.
8. To develop additional leads for the investigation of the crime.
9. To discover details of any other crime in which the suspect participated.

INTERROGATION TECHNIQUES

1. EMOTIONAL APPROACH = Place the subject in the proper frame of mind. The
investigator should provide emotional stimuli that will prompt the subject to unburden himself
by confiding. Analyze the subject’s personality and decide what motivation would prompt him to
tell the truth, then provide those motives through appropriate emotional appeals.

2. SYMPATHETIC APPROACH = The suspect may feel the need for sympathy or friendship.
He is apparently in trouble. Gesture of friendship may win his cooperation.

3. KINDNESS = the simplest technique is to assume that the suspect will confess if he is treated
in a kind and friendly manner.

4. EXTENUATION = The investigator indicates he does not consider his subject’s indiscretion
a grave offense. (Lessen the seriousness of the crime committed by providing partial excuse).

5. SHIFTING THE BLAME = The interrogator makes a clear belief that the suspect is
obviously not the sort of person who usually get mixed up in a crime like this. The interrogator
could tell from the start that he was not dealing with a fellow who is a criminal by nature and
choice. The trouble with the suspect lies in his little weakness – he likes liquor, perhaps or he is
excessively fond of girls, or he has had a bad run of lick in gambling.

6. MUTT AND JEFF = These are two agents, Mutt, the relentless investigator, who is not
going to waste any time because he knows the subject is guilty. Jeff, on the other hand, is
obviously a kind hearted man.

CRIMINAL INTEROGATION

TYPES OF OFFENDERS AND APPROACHES TO BE USED IN DEALING WITH

THEM:

a. EMOTIONAL OFFENDERS have a greater sense of morality. They easily feel

remorse over what they have done. The best approach in interrogating this type of offender is the
SYMPATHETIC APPROACH.
b. NON-EMOTIONAL OFFENDERS normally do not feel any guilt, so the best way
to interrogate them is through the factual analysis approach, that is, by reasoning with the subject
and letting him know that his guilt has already been, or will soon be, established.

LEGAL REQUIREMENTS OF INTERROGATION

10
 REVIEW CENTER
1. VOLUNTARINESS = The statement of a person being interrogated must have been made
voluntary and must not be the product of threat, fear, fraud, coercion, or other improper tactics.

2. INTERROGATION WHILE IN CUSTODY = The warning of rights or giving the

MIRANDA WARNING/DOCTRINE

a. Right to remain silent

b. Right to counsel
c. Right to be provided with a counsel and if the suspect cannot afford the services of a
private counsel, he must be provided with one
d. Right to be informed of his rights
e. Right to be informed that anything he says during the investigation may be used
against him in court
f. No force, violence, threat or intimidation shall be used against him.
g. Any confession obtained in violation of these rights shall be inadmissible in court as
evidence

EXCEPTIONS TO THESE RIGHTS = These rights need not to be given in the following
events:

1. To interview suspect who are not under arrest, in custody or otherwise restrained.
2. To suspects who are in custody but not questioned.
3. To volunteered statements of suspect in custody as long as the investigator is not asking
questions, a talking suspect need not be advised of his rights.
4. To general on-the-scene questioning.
5. To statements made by the suspect to a private party.

INTERROGATION ENVIRONMENT

1. PRIVACY = This can be achieved by the presence of only one door of the investigation
room, absence of windows or view, sound proof and telephone without a bell.

2. SIMPLICITY = Distraction should be kept to its minimum. Too many objects may distract
the attention of the subject. This can be accomplished by a medium size investigation room, bare
walls, no glaring lights, and minimum furniture.

3. SEATING ARRANGEMENTS = The investigator and subject must be seated without any
intervening furniture.

4. THE TECHNICAL AIDS = The interrogator may allow other persons to be present. Persons
like the prosecuting officer will have the opportunity to observe the prospective defendant, the
victim and complainant maybe able to make the identification.

ROPING OR UNDERCOVER WORK = It is a form of investigation in which the investigator

assumes a different and unofficial identity ( a cover story) in order to obtain information. The
general objective of an undercover investigation is to obtain more information.

= It is a work that requires the assumption by a police agent of an identity in keeping with the
situation to be explored. The agent must drop his real identity and adopt another. He must talk
with other people (preferably suspects), listen to them, observe all they do, and when necessary,
live with them.

SUREVEILLANCE = The discreet observation of places, persons, and vehicles for the purpose
of obtaining information concerning the identities or activities of subjects.

11
 REVIEW CENTER

OBJECTIVES OF SURVEILLANCE

1. To detect criminal activities.

2. To discover the identity of persons who frequent the establishment and determine their
relationship.
3. To discern the habits of a person who lives in or frequents the place.
4. To obtain evidence of a crime or to prevent the commission of a crime.

SHADOWING OR TAILING = It is the act of following a person. Its objectives are:

1. To detect evidence of criminal activities.

2. To establish the association of a suspect.
3. To find a wanted person.
4. To protect a witness.

TYPES OF SHADOWING EMPLOYED DEPENDING UPON THE OBJECTIVE OF

THE SURVEILLANCE

1. LOOSE TAIL is employed when a general impression of the subject’s habits and associates
is required.

2. ROUGH SHADOWING without special precautions may be used when the criminal must be
shadowed and he is aware of this fact, or where the subject is a material witness and must be
protected from harm or other undesirable influences.

3. CLOSE TAIL surveillance is one in which extreme precautions are taken against losing the
subject.

OBJECTIVES OF UNDERCOVER WORK

1. Obtaining evidence = The undercover workers observes criminal activities, listen to

conversations, photograph documents, and perform many other useful services for the purpose of
obtaining evidence.
2. Obtaining information
3. Checking informant
4. To conduct fixed surveillance
5. Checking loyalty = On basis of information acquired from associates, the undercover can
determine the true color of the subject’s vice and thus dispel false impressions based on
understatement or exaggerations.
6. To check subversive organizations
7. Security check = The undercover investigator can listen to the conversation of social groups to
check on security leaks or careless observations.

8. Preliminary to search or raid = The agent determines the presence of contraband for example
or by observing criminal activities. He can assist the surreptitious entry of the raiders or
searchers.

111. INSTRUMENTATION= The scientific examination of real evidence; application of

instrument and methods of the physical sciences in detecting crime.

= The sum of these sciences insofar as they are applied to crime detection is called
CRIMINALISTICS. In other words, the work performed in a crime laboratory is called
CRIMINALISTICS.

12
 REVIEW CENTER
= CRIMINALISTICS may be defined as the recognition, identification, comparison and
evaluation of physical evidence by application of the natural sciences. INSTRUMENTATION,
however, is taken here to mean more than criminalistics. Thus, fingerprint systems, modus
operandi file, lie detector, and other investigative tools are contained within the scope of the term
INSTRUMENTATION.

THE CRIME SCENE: the place to search for evidence

= The physical location where a suspect either commits an illegal act or leaves physical
evidence of such act.

= The location at which a suspected criminal offense has occurred.

TRANSMITTAL OF EVIDENCE TO CRIME LABORATORY

= Proper handling of physical evidence is necessary to obtain the maximum possible

information upon which scientific examination shall be based , and to prevent exclusion as
evidence in court. Specimens which truly represents the material found at the scene, unaltered,
unspoiled or otherwise unchanged in handling will provide more and better information upon
examination.

PRINCIPLES TO BE OBSERVED IN HANDLING ALL TYPES OF EVIDENCE

1. The evidence should reach the laboratory as much as possible in same condition as when it is
found.

2. The quantity of specimen should be adequate. Even with the best equipment available, good
results cannot be obtained from insufficient specimens.
3. Submit a known or standard specimen for comparison purposes.

4. Keep each specimen separate from others so there will be no intermingling or mixing of
known and unknown material. Wrap and seal in individual packages when necessary.

5. Mark and label each piece of evidence for positive identification as the evidence taken from a
particular location in connection with the crime under investigation.

6. The chain of custody of evidence must be maintained. Account for evidence from the time it is
collected until it is produced in court. Any break in this chain of custody may make the material
inadmissible as evidence.

PROCEDURE AT THE CRIME SCENE

1. Upon arrival at the crime scene

a. Record time/date of arrival at the crime scene, location of the scene, condition of the
weather, condition and type of lighting, direction of wind and visibility.
b. Secure the scene by installing the crime scene tape or rope (police line).
c. Before touching or moving any object at the crime scene, determine first the state of
the victim, whether he is still alive or already dead. If the victim is alive, the investigator should
exert effort to gather information from the victim himself regarding the circumstances of the
crime; while a member of the team or someone must call an ambulance from the nearest hospital.
After the victim is removed and brought to the hospital for immediate attention, ,measure,
sketch, and photograph. Only a coronal or a medical examiner shall remove the dead body unless
unusual circumstances justifies its immediate removal.
d. Designate a member of the team or summon other policemen or responsible person to
stand watch and secure the scene, and permit only this authorize person to enter the same.

13
 REVIEW CENTER
e. Identify and retain for questioning the person who first notified the police, and other
possible witnesses.
f. Determine the assailant through inquiry or observed him if his identity is immediately
apparent. Arrest him if he is still in the vicinity.
g. Separate the witness in order to get independent statements.

The initial responding officer should:

1. Establish boundaries of the scene, starting at the focal point and extending outward to include:
a. Where the crime occurred.
b. Potential points and paths of exit and entry of suspects and witnesses.
c. Places where the victim/evidence may have been moved.

2. Set up barriers (e.g. ropes, cones, crime scene barrier tape, available vehicles, personnel, other
equipment) or use existing boundaries (e.g. doors, walls, gates).

3. Document entry/exit of all people entering and leaving the scene, once boundaries have been
established.

4. Control the flow of personnel and animals entering and leaving the scene to maintain integrity
of the scene.

5. Effect measures to preserve/protect evidence that may be lost or compromised (e.g. protect
from the elements like rain, snow or wind and from footsteps, tire tracks, sprinklers).

6. Document the original location of the victim or objects that you observe being moved.

7. Consider search and seizure issues to determine the necessity of obtaining consent to search
and/or obtaining a search warrant. Establish boundaries as a critical aspect in controlling the
integrity of evidentiary material.

SEARCHING FOR EVIDENCE

1.Each crime scene is different according to the physical nature of the scene and the crime or
offense involved. Consequently, the scene is processed in accordance with the prevailing
physical characteristics of the scene and with the need to develop essential evidentiary facts
peculiar to the offense. A general survey of the scene is always made, however, to note the
location of the obvious traces, the probable entry and exit points used by the offenders and the
size and shape of the area involved.

2. In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated. (In
the interest of uniformity, it is recommended that the clockwise movement be used). The
investigator examines each item encountered of the floor, walls, and ceiling to locate anything
that maybe of evidentiary value. You should:

a. Give particular attention to fragile evidence that may be destroyed or contaminated if it

is not collected when discovered.
b. If any doubt exists as to the value of an item, treat it as evidence until proven
otherwise.
c. Ensure that the item or area where latent fingerprints may be present is closely
examined and that action is taken to develop the print.
d. Carefully protect any impression of evidentiary value in surfaces conducive to making
casts or molds. If possible, photograph the impression and make a cast or mold.
e. Note stains, spots and pools of liquid within the scene and treat them as evidence.

14
 REVIEW CENTER
f. Treat as evidence all other items, such as hairs, fibers, and earth particles, foreign to the
area in which they are found e.g. matter found under the victim’s fingerprints.
g. Proceed systematically and uninterruptedly to the conclusion of the processing of the
scene. The search for evidence is initially completed when, after a thorough examination of the
scene, the rough sketch, necessary photograph and investigative notes have been completed and
the investigator has returned to the point from which the search began. Further search may be
necessary after the evidence and the statements obtained have been evaluated.

3. In large outdoor areas, it is advisable to divide the are into strips about four (4) feet wide. The
policeman may first search the strip on his left as he faces the scene and then the adjoining strips.

4. It may be advisable to make a search beyond the area considered to be the immediate scene of
the incident or crime. e.g., evidence may indicate that a weapon or tool used in the crime was
discarded or hidden by the offender somewhere within a square-mile near the scene.

5. After completing the search of the scene, the investigator examines the object or person
actually attacked by the offender. e.g. a ripped safe, a desk drawer that has been pried or a room
from which items have been stolen, would be processed after the remainder of the scene has been
examined for traces of the offender. In a homicide case, the position of the victim should be
outlined with a chalk or any other suitable material before the body is removed from the scene.
If the victim has been pronounced dead by a doctor or is obviously dead, it is usually advisable
to examine the body, the clothing and the area under the body after the remainder of the scene
has been searched. This is to enable the policeman/investigator toe valuate all objects of special
interest in the light of all other evidence found at the scene.

METHODS OF SEARCH

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

2. THE DOUBLE STRIP OR GRID METHOD OF SEARCH = a modification of the strip

search method. Here, the rectangle is traversed first parallel to the base then parallel to the side.

3. SPIRAL SEARCH METHOD = In this method, the three searcher follow each other along
the path of a spiral, beginning on the outside and spiraling toward the center.

4. ZONE SEARCH METHOD = In this method, one searcher is assigned to each subdivision
of a quadrant, then each quadrant is cut into another set of quadrants.

5.WHEEL SEARCH METHOD = In this method of search, the area is considered to be

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

COLLECTING EVIDENCE = This is accomplished after the search is completed, the rough
sketch finished and photographs taken. Fragile evidence should be collected as they are found.
All firearms found to have tampered serial numbers (SNs) shall be automatically subjected to
macro etching at the PNP Crime Laboratory (PNP-CL). A corresponding report to the Firearms

15
 REVIEW CENTER
and Explosive Office (FEO) must be made for verification purposes. In the collection, the
investigator should touch the evidence only when necessary.

REMOVAL OF EVIDENCE

1. The investigator places his initials, the date and time of discovery on each item of evidence
and the time of discovery one ach item evidence for proper identification.

2. Items that could not be marked should be placed in a suitable container and sealed.

PRESERVATION OF EVIDENCE = It is the investigator’s responsibility to ensure that every

precaution is exercised to preserve the physical evidence in the state in which it was
recovered/obtained until it is released to the evidence custodian.

1. MAINTAINING PHYSICAL INTEGRITY OF EVIDENCE

a. Photographing = As evidence is discovered at the scene, it should be photographed

before being touched.

Purposes:
1. It serves as a permanent record of the object in the event subsequent handling
alters or destroys it

2. It gives opportunity for the judge to examine evidence which is too dangerous,
burdensome or impractical to produce in court.

3. It gives an opportunity for the investigator to review physical evidence in the case
without handling the actual objects.

b. Packaging = Physical evidence should be packed in order to prevent loss, tampering,

breakage or deterioration. Clean bottles, envelops, bags and other containers properly
sealed will accomplish this purpose.

2. MAINTAINING LEGAL INTEGRITY OF EVIDENCE

a. Identification of evidence= In order to have evidence admitted in court, the officer

who originally discovered the evidence must identify the items as the same object
found at the scene.

b. Marking of evidence= The investigator generally writes or scratch the following on

each item of evidence collected:

1. Name or initial of the individual collecting the evidence

2. Dates of item was collected and transferred
3. Case number, and type of crime
4. Victim’s or suspect’s name
5. Brief description of the item

c. Tagging of evidence = Objects that are not suitable for marking might be tagged. A
paper tag firmly affixed to the item of evidence can serve as a basis for alter
identification.

= Any physical evidence obtained must be tagged before its submission to the
evidence custodian.

16
 REVIEW CENTER
d. Sealing of evidence = Placing articles of evidence in a paper or plastic container and
sealing it with a tape ensures the object is not improperly handled and preserves both
the legal and physical integrity of evidence. A slip of paper with the appropriate
identifying information is either enclosed in the package or affixed outside.

EVALUATION OF EVIDENCE = Each item of evidence must be evaluated in relation to all

the pieces of evidence, individually and collectively.

CHAIN OF CUSTODY OF EVIDENCE = a process used to maintain and document the

chronological history of the evidence. Documents should include name or initials of the
individual collecting the evidence, each person or entity subsequently having custody of it, dates
the items collected or transferred, agency and case number, victim’s or suspect’s name, and a
brief description of the item.

= The methodology involving the systematic searching, handling, distribution, and

accountability of all evidence found at the crime scene. The documentation of every article of
evidence, from the point of initial discovery at the scene, to its collection and transport to the
point of examination, its temporary storage and final disposal.

SKETCHING THE SCENE

POINTS TO CONSIDER

1. To establish admissibility, the investigator must have personal observation of the data in
question. In other words, the sketch must be sponsored or verified.

2. REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to
them.

3. Types of sketches

a. Floor plan or “bird’s eye-view”

b. Elevation drawing
c. Exploded view
d. Perspective drawings
4. Write down all measurements.
5. Fill in all the details on your rough sketch at the scene. Final sketch may be prepared at the
office.
6.Keep the rough sketch even when you have completed the final sketch.
7. Indicate the NORTH direction with an arrow.
8. Draw the final sketch to scale
9. Indicate the PLACE in the sketch as well as the person who drew it. Use the KEY capital
letters of the alphabet for listing down more or less normal parts or accessories of the place, and
numbers for items of evidence.
10. Indicate the position, location and relationship of objects.
11.Methods or systems of locating points/objects on sketch:

a. Rectangular coordinates = measurements at right angles from each of two walls.

b. Coordinates constructed on transecting base line. Chose relatively fixed points for
your base line.
c. Triangulation = Measurements made from each of two fixed objects to the point you
want to plot or locate so as to form an imaginary triangle. Sketch will show as many imaginary
triangles as there are objects plotted.

17
 REVIEW CENTER
12. Critical measurement, such as skid marks, should be checked by two (2) investigators.
13. Measurements should be harmony; or in centimeters, inches, yards, meters. Mixed in one
sketch.
14. use standard symbols in the sketch.
15. Show which way doors swing.
16. Show with arrow the direction of stairways.
17. Recheck the sketch for clarity, accuracy, scale , title, key.

SPECIFIC KINDS OF SKETCHES

1. SKETCH OF LOCALITY =This gives picture of the scene, the crime and its environs,
including such items such as neighboring buildings, roads leading to the location or house. In
arson cases, it aids in determining whether the fire was cause by nearby inflammable property.

2. SKETCH OF GROUNDS = The sketch of grounds pictures the scene of the crime with its
nearest physical surroundings (e.g. house with a garden).

3. SKETCH OF DETAILS = The sketch of details describes immediate scene only. For
instance, the room in which the crime was committed and the details thereof. Cross projection
method are details of the room wherein walls and ceiling are pictures as if they are on the same
place as the floor. This gives a clear impression of the scene in cases where bloodstains or bullet
holes are found in the walls or on the ceiling.

RELEASING THE SCENE = The scene is not released until all processing has been
completed. The release should be effected at the earliest practicable time, particularly when an
activity has been closed or its operations curtailed.

SCENE OF CRIME OPERATION (SOCO)

COMPOSITION OF SOCO TEAM

The SOCO team is composed of but not limited to the following depending on the nature
of the case:

1. Team leader
2. Assistant team leader
3. Photographer and photographic log recorder
4. Evidence and evidence recorder
5. Evidence recorder
6. Evidence recovery personnel
7. Driver/security

PERSONNEL FUNCTIONS AND RESPONSIBILITY

1. Team leader
a. Assume control of the crime scene. Ensure the safety of personnel as well as the victim
and offenders caught in the scene and secure the crime scene from kibitzers.
b. Conduct initial survey of the crime scene for evaluating potential evidence and
narrative description of the place.
c. Determine search patterns to be used and designate assignments to evidence gatherer.
d. Designate command post location in or near the crime scene and ensure exchange of
information between searcher and investigator.
e. Coordinate with other law enforcement agencies for the security of the victims,
offenders/suspects and the scene of the crime.

18
 REVIEW CENTER

f. Ensure that sufficient supplies and equipment are made available for personnel
involved in SOCO.
g. Control access to the scene and designate personnel to log persons entering the place
and remove Kibitzers in the area.
h. Continuously reevaluate efficiency of the search to ensure that all places are searched
properly.
i. Release the crime scene to the investigators handling the case.

2. Assistant team leader

a. Shall assist the team leader in all his functions and responsibilities.
b. Assume/takeover the responsibilities of the team leader in his absence.

3. Photographer and photographic log recorder

a. Photograph the entire area of the scene with overall medium and close-up coverage
using appropriate scale.
b. Photograph victims, suspects/offenders arrested in the scene.
c. Photograph all evidence before collection.
d. Photograph all latent fingerprints, impressions before lifting or casting is made.
Likewise, photograph blueprint maps and other items.
e. Prepare photograph log and photographic sketch.

4. Sketcher
Perform all sketches necessary during the crime scene processing.

5. Evidence recorder/custodian
a. Prepare evidence recovery log and accomplish chain of custody of evidence.
b. Conduct packaging, preservation and transportation of gathered evidence to the Crime
Laboratory.
c. Coordinate evidence nomenclature with sketcher, photographer and evidence gatherer.
d. Receive and record all evidence recovered.
e. Maintain custody and control of evidence.
f. Observe the proper custody of evidence.
g. Coordinate transmittal of evidence to case investigators or to Crime Laboratory per
agency guidelines.

6. Evidence recovery personnel

a. have significant evidence photograph before it is collected.
b. Keep team leader always apprised of significant evidence located.
c. Initial and date all evidence and turn it over to the evidence recorder/ custodian after
noting where the item was located
d. Coordinate evidence nomenclature with evidence recorder/custodian and sketch
prepared.
e. Ensure that appropriate safety measures are adhered to especially with respect to
proper clothing including gloves.

EQUIPMENT

1. BASIC EQUIPMENT
a. Crime scene tape or rope (police line)
b. Measuring device – ruler and measuring tape
c. Recording materials = chalk, sketcher and paper pad
d. Camera with film
e. Video camera or tape recorder
f. Evidence collection kit

19
 REVIEW CENTER
g. Flashlight

2. EVIDENCE CONTAINERS
a. String tags - large and small
b. Evidence tape or masking tape

c. Roll of manila paper for wrapping

d. Plastic gallon
e. one-half pint bottles/vials – plastic and glass
f. one-fourth pint bottles/vials – plastic and glass
g. Absorbent cottons
h. Rolls of fingerprint tape
i. Plastic bags – different sizes
J. Paper bags – different sizes

3. Tools
a. Pair of scissors n. Spatula
b. Knife – heavy and folding knife o. Box of plaster of paris for
c. Adjustable wrench casting or lifting foot marks
d. Piers p. Goggles
e. Wire cutter q. Sifting sreen
f. Complete screw driver set r. Ladder
g. saw s. Funnel of different sizes
h. hammer t. Hand lens of magnifier
i. Ax or hachet u. Weighing scale
j. shovel v. vernier caliper and micro-
k. fingerprint magnifier meter
l. Nylon brush w. Scalpels
m. Magnet

4. Evidence gathering equipment

a. rubber gloves and cotton
b. Box or filter
c. White cotton sheet
d. Cotton balls and swabs
e. Fingerprint car, data card and ink cards
f. Photo data card
g. Black and white latent print lifting cards
h. Rolls of lifting card
i. Complete magna brush kit
j. Complete dusting kit
k. heavy duty rubber lifters
l. Camera with no wide angle, normal and macro lens
m. Arson kit
n. Casting and molding kit
o. electric engraver

5. Miscellaneous
a. Rubber bands
b. Pencils, ballpens, pentel pen – different colors
c. Chalks
d. Permanent flet marker
e. Eraser
f. Stapler with extra staple

20
 REVIEW CENTER
g. Assorted paper clip and binders
h. notebooks, paper pads, sketch pads and drawing pads
i. Drawing compass
j. Clippers
k. magnetic directional compass
l. Carbon papers and coupon bonds

CRIME SCENE RECONSTRUCTION

= The determination of the actions surrounding the commission of a crime. Careful and
competent examination of the physical evidence , the documentation of the crime scene allows
for this determination. The systematic documentation and recording of the crime scene is
required for this analysis.

= The use of scientific methods, physical evidence, deductive reasoning and their
interrelationships to gain explicit knowledge of the series of events that surround the commission
of a crime.

CRIMINAL RPOFILING = The application of psychological theory to the analysis and

reconstruction of the forensic evidence that relates to an offender’s crime scenes, victim’s
behavior. It tends to answer the question “why” or questions regarding the offender’s motive and
intent.

TYPES OF RECONSTRUCTION

1.PHYSICAL RECONSTRUCTION = The physical appearance of the crime scene is

reconstructed from the description of witnesses and the indication of the physical evidence.

2. MENTAL RECONSTRUCTION = From the physical reconstruction, some conclusions can

be made concerning the consistency of the accounts of various witnesses. No assumption should
be made concerning actions which are not supported by evidence. The final theory developed by
the investigator should provide a line of investigative action.

STEPS IN RECONSTRUCTION

1. Recognition of evidence is arguably the most important. “Unless the potential evidence can
be recognized, no further reconstruction can be carried out.”

2. Documentation and collection of evidence are the heart of any successful scene
investigation, and form the basis for the reconstruction.

3. Evaluation of evidence = examination of evidence, possibly following laboratory analysis

and looks at what information the evidence provides, and how reliable it is. At this time, any
witness statements should be compared to the evidence to see which part of the statements can be
supported or refuted by the evidence.

4. Hypothesize to formulate an idea of “how” the event occurred. This is not merely guess and
should be firmly supported by the evidence.

5. Testing to see how the hypothesis developed can be validated. This is accomplished by
checking the evidence against known physical laws or devising a test to attempt to replicate the
event ( or the relevant segment).

6. Reconstruction to reporting the results of the analysis. The results are reported as a range,
where the event or potion of it.

21
 REVIEW CENTER

ARREST, SEARCH AND SEIZURES

ARREST = The taking of a person into custody so he can answer for the commission of an
offense.

Who are exempt from arrest?

1. Senators or members of the House of Representatives, while Congress is in session, in all

offenses punishable by not more than six(6) years imprisonment.

2. Diplomatic officials and their domestics.

Duty of Arresting Officer = It shall be the duty of the officer executing the warrant without
unnecessary delay to arrest and to deliver him to the nearest police station or jail.

Techniques in Making Arrest

1. Initial contact with subject

a. Investigator/operative identifies himself in a clear and audible voice
b. Show identification
c. Inform the subject that he is under arrest
d. Consider the possibility that the subject is wanted for another crime

2. Methods of Arrest

a. With Warrant of Arrest = The officer shall inform the person to be arrested
of the cause of the arrest and of the fact that a warrant has been issued for his arrest,
except when he flees or forcibly resist before the officer has opportunity so to inform him
or when the giving of such information will imperil the arrest. The officer need not have
the warrant in his possession at the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable.

b .Without Warrant of Arrest = The officer shall inform the person to be

arrested of his authority and the cause of his arrest, unless the person to be arrested is
then engaged in the commission of an offense or is pursued immediately after its
commission or after an escape, or flees or forcibly resist before the officer has
opportunity so to inform him, or when the giving of such information will imperil the
arrest.

Life of a Warrant of Arrest = A warrant of arrest, even if not served within the statutory
period, remains valid unless recalled by the issuing court, or if the accused is arrested or has
voluntarily submitted himself to the jurisdiction of the issuing court, unlike a search warrant
which has a lifetime of only ten (10) days from its date of issuance.

When Arrest may be Legally Effected

1. In general, an arrest can be validly effected only upon lawful order or warrant of a competent
court or judge.

2. Lawful warrantless arrest:

a. When, in the law enforcer’s presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense.

22
 REVIEW CENTER

b. When an offense has in fact been committed, and the officer has personal knowledge
of facts indicating that the person to be arrested has committed it.

c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporary confined
while his case is pending, or has escaped while being transferred from one
confinement to another.

d. If a person lawfully arrested escapes or is rescued, any person may immediately

pursue or retake him without a warrant at any time and in any place within the
Philippines.

e. When the arrest is made by a bondsman for the purpose of surrendering the accused.

f. When the accused released on bail attempts to leave the country without court
permission.

g. Violation of conditional pardon, punishable under Article 159 of the Revised Penal
Code.

PLANNING THE ARREST

1. This is the responsibility of the chief team leader or officer acting in his absence.
2. If the arresting party is composed of two (2) or more members, somebody must be placed in
charge, preferably the most experienced.
3. Consider the arresting party and covering party.
4. Consider protection of innocent bystanders.
5. Prevent escape of subject.
6. Make a discreet reconnaissance of the area.
7. Determine weapons and equipment needed.
8.Consider superiority of manpower and firepower.
9. Make the plan simple enough to be understood by the least experienced operative/investigator.
10. Consider the element of SURPRISE (Daybreak has proven satisfactory for a number of
successful arrest).
11. Consider overall coordination.
12. Consider concealment or cover that might be available both in effecting the arrest and
removing the subject from the building.
13. The briefing officer should ask the participants if they have any questions regarding the plan.

WHO MAY EXECUTE ARREST? Among others, members of the PNP and the NBI may
effect arrest.

HOW TO EFFECT ARREST?

1. In general, an arrest is made by an actual restraint of the person to be arrested, or by his

submission to the custody of the person making the arrest.

= No violence or unnecessary force shall be used in making an arrest, and the person
arrested shall not be subjected to any greater restraint than is necessary for his detention (Sec. 2,
Rule 113).

2. Making the arrest = Use good judgment in connection with the arrest and assume that the
subject is armed and will take your life if given an opportunity.

23
 REVIEW CENTER
3. Arrest on the street
a. This should be made from the side or rear when possible.
b. Subject should be forced toward a building.
c. Avoid congested areas when possible.

4. Arrest at home, office or business establishment

a. Restrict the subject’s movement. Do not grant requests for personal privileges before
being searched.
b. Clothing an other things requested should be examined for weapons or items of
evidence before turning them over to the subject.

TERRITORIAL EFFECTIVITY OF A WARRANT OF ARREST

= Warrants of arrest issued by Metropolitan Trial Courts, Municipal Trial Courts or
Municipal Circuit Trial Courts can be served anywhere in the Philippines without a certification
by a judge of the Regional Trial Court (Supreme Court circular No. 14, 22 Oct 85).

DUTY OF PERSON MAKING AN ARREST WITHOUT A WARRANT

=Any person making an arrest on legal grounds shall, without delay and within the time
prescribed under Art. 125 of the RPC, take the person arrested to the proper court or judge for
appropriate action. However, it is not the physical delivery of the arrested person that is required
under Art. 125 of the RPC, but the filing of an information against the arrested person in the
proper court, where the judge has the authority to issue an order of release or of confinement.

PERIODS WITHIN WHICH PERSON ARRESTED WITHOUT A WARRANT SHOULD

BE CHARGED IN THE PROPER FORUM
= Executive Order No. 272. dated 25 July 1987, amended Article 25 of the RPC by
extending the period authorized to detain a person prior to delivery to the judicial authority, to
wit:
a. six (6) to twelve (12) hours for crimes or offenses punishable with light penalties;

b. nine (9) to eighteen (18) hours for crimes or offenses punishable with correctional
penalties; and

c. eighteen (18) to thirty-six (36) hours for crimes or offenses punishable with afflictive
or capital penalties.

RIGHT OF ATTORNEY OR RELATIVE TO VISIT PERSON ARRESTED.

= Any member of the bar shall, at the request of the arrested person or of another on his
behalf have the right to visit and confer privately with such person, in jail or any other place of
custody at any hour of the day or, in urgent cases, of the night. This right shall be exercised by
any relative of the person arrested subject to reasonable regulation (Sec. 14, Rule 113).

= Executive Order No. 155, dated 30 March 1987, amending Republic Act No. 857,
penalizes any public officer who deprives a person of his right to counsel. The penalty shall be
prision correctional or imprisonment of six (6) months and one (1) day to six (6) years.

MEDICAL EXAMIANTION OF ARRESTED PERSON/SUSPECT

= Immediately after the arrest of a person ordered arrested by the court, or of a suspect
under investigation, he should be subjected to a medical examination. Prior to his release or any
change of custody, the suspect should also be medically examined by a medico-legal officer or,
in the absence of such medico-legal officer, by any government physician in the area.

SUMMONING ASSISTANCE FOR THE ARREST

= Any officer making a lawful arrest may verbally summon as many person as he deems
necessary to aid him in making the arrest. Every person so summoned shall aid him in the

24
 REVIEW CENTER
making of such arrest., when he can render such and without detriment to himself (Sec. 10, Rule
113).

RIGHT OF PERSON ARRESTED

= Republic Act No. 7438 states the rights of a person arrested, detained or under
custodial investigation.

SEARCH = An examination of an individual’s person, house, papers or effects, or other

buildings and premises to discover contraband or some evidence of guilt to be used in the
prosecution of a criminal action.

SEARCH WARRANT = An order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and to bring it before the court (Sec 1, Rule 126).

ITEMS TO BE SIEZED = A search warrant may be issued for the search and seizure of the
following personal property:
a. Property subject of the offense;
b. Property stolen or embezzled and other proceeds or fruits of the offense; and
c. Property used or intended to be used for committing an offense. (Sec 2, Rule 126).

PROBABALE CAUSE REQUIRED FOR A SEARCH WARRANT

= Probable cause means that sufficient facts must be presented to the judge issuing the
warrant to convince him that circumstances sufficiently establish the need for the issuance of the
warrant.

MAY THINGS ILLEGALLY SEIZED BE ADMITTED IN EVIDENCE?

= The fruits of an illegal search are INADMISSIBLE as evidence. Any evidence
obtained in violation of the right of the people against unlawful searches an seizures shall be
inadmissible for any purpose in any proceeding (Sec 392), Art. 111, 1987 Phil. Constitution).

MAY ARTICLES NOT MENTIONED IN THE SEARCH WARRANT BE SEIZED?

= Generally articles not included in the search warrant may not be seized. However,
articles prohibited by a statute, although not included in the search warrant may be seized. Thus,
if during the progress of a bonafide search for other commodities illegally possessed, whether
with search warrant or not, contraband or items declared as illegal per se are discovered, the
contraband can be seized. The seizure of goods, the possessing of which is forbidden by statute,
violates no constitutional right of the accused.

HOW TO SERVE A SEARCH WARRANT?

= A search warrant must be served within ten (10) days from its date (thereafter, it shall
be void) (Sec 9, Rule 126) in the following manner:

a. The police officer concerned must go to the place indicated in the search warrant and
take the things described therein, in the presence of at least one competent witness
who is a resident of the neighborhood. If he is refused admittance to the place of
search after giving notice of his purpose and authority, he may force himself in to
execute the warrant; and if he is detained therein, he may force himself out to liberate
himself (Sec 6, Rule 126).

b. The search must be made at daytime, unless otherwise stated (Sec 8, Ibid).

c. The officer seizing the property must issue a detailed receipt of the things seized from
the person in whose possession it was found, or in the absence of such person, he

25
 REVIEW CENTER
must, in the presence of at least one (1) witness, leave such receipt in the place where
such things were seized. (Sec 10, Ibid).

c.1 In compliance with this procedure, it has been standard practice to issue a
RECEIPT FOR PROPERTY SEIZED after a seizure. The receipt is signed by
the seizing officer only and two (2) witnesses. Recent Supreme Court decisions,
however, declare that such receipt when signed by the accused, is in effect an
extrajudicial confession of the commission of the offense charged. (People vs. de
las marinas, G. R. No. 87215, 30 April 91; and People vs. Manyao G. R. No.
84525, 6 April 92). Consequently, if the accused does not sign such receipt, it
may still be used in evidence. Moreover, if the accused DID in fact sign the
receipt, but he signed it with the assistance of a lawyer of his choice, that act
would constitute a valid waiver of his right against self-incrimination.

c.2 It must be noted that in the case cited above, the crime charged is possession
of prohibited drugs. Thus, the signature of an accused on the receipt is a
declaration against interest and a tacit admission of the crime charged, as mere
unexplained possession of prohibited drugs is punishable. The doctrine is
therefore not a hard and harsh rule as far as the “Receipt of Property Seized” is
concerned. If the crime charged is possession of unlicensed forearms, for
example, the doctrine would apply. In other cases, it will not apply.

c.3 Another document which is made after a search is a CERTIFICATION OF

PROPERTY SEIZED. This is signed by the owner of the seized property, and
would seem to fall more under the court pronouncement above than the “Receipt
for Property Seized” does.

d. As mush as possible, during the opening of safes, drawers, cabinets, tables, etc,. the
lifting of the articles should be done by the owner of the house or his authorized
representative, or by immediate members of his family, to preclude any suspicion of
theft or planting of evidence.

d. Thereafter, the officer must immediately deliver the things or property seized to the
judge who issued the warrant, together with an inventory duly verified under oath.
(Sec 11, Ibid).

LAWFUL WARRANTLESS SEARCHES AND SEIZURES

1. When there is consent or waiver. To be a valid waiver, the right must exist, the owner must be
aware of such right, and he must have an intention to relinquish it.

2. When the evidence to be seized is in “plain view.” The discovery of the evidence must be
inadvertent or unintentional.

3. Customs search or searches made at airports/seaports in order to collect duties. This

warrantless search is allowed due to urgency.

4. Search of moving vehicles may be made without a warrant because it would be impracticable
to secure a search warrant before engaging in “hot pursuit.”

5. Routine searches made at or in the interest of national security, such as border checks or
checkpoints.

6. Stop-and- search or stop-and-frisk, where the search precedes the arrest, and as allowed on
grounds of reasonable suspicion.

26
 REVIEW CENTER

7. Search incidental to a lawful arrest. A person lawfully arrested may be searched for
dangerous weapons or anything may be used as proof of the commission of an offense, without a
search warrant. (Sec 12, Rule 126).

SEARCHES OF PERSON ARRESTED

1. “Probe” do not “pat.” A woman operative should be used to search females.

2. The need to handcuff the subject. Dangerous and violent criminals, as well as escapees from
prisons and escape artists, must be handcuffed.
3. Do not stop the search when an weapon is found.
4. Look for items which may be used to commit suicide.
5. Look for items of evidence.
6. Searchers should never cross the line of fire.
7. Do not talk to subjects in the course of the search.
8. Do not grant subject’s request to attend to something before , during and immediately after
the search.
9. In a search by a single officer, have the gun ready with the hand at a distance from the subject.
10. Be sure to search for every part of the body and clothing.

TYPES OF SEARCHES

1. Wall Search = The purpose is to place the subject in an “off-balance” position requiring the
use of both arms and legs to keep him from falling to the ground. This is the safest type of
search. It does not necessarily require a wall, any object that can support the weight of the
subject (such as a car) can be used. The procedures are:

2. Standing Search
a. Raise subject’s hand over his head and spread his feet far apart as possible.
b. This is not recommended because the subject is in the “on-balance” position.

3. Kneeling Search
a. Subject kneels on the ground with hands raise over his head.
b. this is also discouraged for the same reason as the standing search.
4. Prone Search
a. Subject lies on his stomach with arms and legs outstretched.
b. Subject has both arms and legs free and is at all times in an “on-balance” position.
c. Front part of clothing cannot be searched.
d. This can be extremely dangerous if the subject has knowledge of judo.

METHODS OF RESTRAINT: HANDCUFF

= The best method of restraint, if applied properly, is a good preventive measures; but if
improperly applied, it could be dangerous.

1. How handcuff are applied

a. Take position directly behind the subject.
b. The handcuff is applied when the subject has placed his hand on his back.
c. Do not reach out for the hands of the subject as it ill provide him with an opportunity to
grasp the hand of the investigator and throw him off-balance.

2. When applying handcuffs, give the following orders to the subject and follow this
procedure:
a. First order: “Take your right hand off the wall and place it on your back.” Fasten
the handcuff to this hand and firmly hold the other handcuff.

27
 REVIEW CENTER
b. Second order : “Move up and put your hand against the wall.” Allow the subject to
move closer to the wall, making certain his feet remain back far enough him “off-
balance.”

c. Third order: “Take your other hand off the wall and place it on the small of your
back.” Fasten the other handcuff and double-lock both handcuffs.

e. Final order: “Stand up and face the wall.” Help the subject in doing this.

RAID = A surprise invasion of a building or area. It is small-scale attack of a limited territory.

Legal Basis: A raid must be legal, having its basis in lawful process and conducted in a
legal manner. This will be in the form of a search warrant or warrant of arrest. The raid may be
in pursuit of a person reasonably believed to be guilty of a felony when it is known that the
felony has just been committed.

OBEJCTIVES:
1. Effect an apprehension;
2. Obtain evidence of illegal activity by surprising the offenders in flagrante delicto; or
3. Recover stolen property.

FACTORS AFFECTING SUCCESS OR EFFECTIVENESS OF A RAID

1. Size of raiding party.
2. Speed.
3. surprise.
4. Superiority of arms.
5. Simplicity of plan and operation.

COMPOSITION OF RAIDING PARTY

1. Raid commander, assistant raid commander, covering or surrounding party;
2. going-in detail or entering party;
3. In charge of raiding vehicles;
4. In charge of rendering inoperative the subject’s vehicle , if any;
5. Recover who should keep an accurate log of the raid, gather evidence, make inventories and
testify in court; and
6. Photographer.

DUTIES OF COVERING OR SURROUNDING PARTY

1. Covers approach of going-in detail or entering party.
2. Prevents the escape of criminals.
3. Covers the entire area of the building.
4. Neutralizes fire of barricaded criminals.

DUTIES OF GOING-IN OR ENTERING PARTY

1. Calls for surrender of criminals.
2. Effects arrest.
3. Incapacitates and dislodges criminals.
4. Searches for evidence.

UNDERTAKING
= As in purely military operations, a raid, to be successful must have the following
elements:
1. Mission
2. Reconnaissance
3. Plans

28
 REVIEW CENTER
4. Instructions
5. Orders
6. Execution

PLANNING THE RAID

= The success of the raid depend upon intelligent planning and competent
implementation. To achieve the necessary elements of surprise, the operation must be performed
surreptitiously and with speed.

Consider:
= Speed - in moving into position and the execution of the plan.
= Surprise - catch subject off-guard
= Simplicity – a plan that is easy to remember and understand; this avoids confusion.

Consider dividing the raiding party into:

= Cover group moves into position on first, covers advance of raiding party and
avenues of escape
= Raid group: disarm and restrain subjects, searchers premises secures evidence, etc

RAID OPERATION
= Coordination of individual efforts is an essential element in the success of a raid. The
aiding party should act as a team. The members of the team must thoroughly understand the
objectives, the plan of action and the orders. Each man should hold his assigned position until his
orders are changed by the team leader. Before leaving the headquarters to the target, the team
leader must conduct a final briefing of personnel. Assembly of the team at a designated area
should not be too close to the target, they must not show the appearance of a formal gathering.
The raiders’ vehicle must be safeguarded to prevent its use by the subjects. Vehicles which
belong to the subject should be rendered inoperative by the simplest available means. Men
should be posted, depending on the number to cordon the area to prevent possible escape and
restrain people from wandering. In the event that the suspect fails to heed the warning to
surrender, entry must be made through one point to avoid mis-encounter. Upon completion of the
raid, guards should be designated to protect the property and to observe or apprehend associates
of the suspect. Reassembly at a designated place for a final accounting of all members of the
raiding team.

COORDINATION WITH THE LOCAL POLICE STATION

= It is imperative that immediately before the service of a search warrant, the team leader
should see to it that proper coordination is made with the commander of the local police station
having jurisdiction over the target premises. The coordinating party will inform the local station
that their team is conducting an operation in their area. This gesture of coordination is not only a
manifestation of courtesy but also a safety measure to avoid the possibility of a mistake
encounter.

DON’TS IN A RAID
1. Don’t take unnecessary chances.
2. Don’t underestimate the ability or courage of the subject.
3. Don’t raid when not properly prepared.
4. Don’t endanger the lives of bystanders.
5. Don’t use raiders not well-acquainted with each other.
6. Don’t forget gas masks when employing teargas.
7. Don’t be unnecessary rough on the subject.
8. Don’t shoot to kill unless very imperative.
9. Don’t touch the evidence unless seen by witnesses, or by the owner or occupant of the place.

DISPOSITION OF SEIZED ITEMS

29
 REVIEW CENTER
1. The following will be seized at the scene of the raid:
a. Weapons which may be used against the raiding party.
b. Articles which might be used as a means of suicide.

FIRE TECHNOLOGY AND ARSON INVESTIGATION

Einführung

The earliest finds, in Kenya and Ethiopia, date from 1.5 million years ago. Less equivocal
evidence exists for deliberate fire use in the Paleolithic period, beginning 500,000 years ago.
Neolithic sites have yielded objects that may have been used in fire making drill for producing
friction heat in wood and flints for striking sparks from iron pyrites.

Basic concepts of Fire Technology

Fire had been produced by two principal methods: FRICTION AND PERCUSSION.In the
friction method, friction raises the temperature of a combustible material (kindling) to ignition
temperature. The percussion method produces a spark to set a kindling fire.

▪ In Friction method, two pieces of wood surrounded by combustible material are rubbed
together until the ignition temperature is reached.

▪ In the stick-and-groove method, a stick is rubbed in a groove in another piece of wood.

▪ In the fire-drill method, a stick is rotated rapidly in a pit in a stationary piece of wood. The stick
is rotated by rubbing it between the palms of the hands or by moving back and forth a wooden
bow whose string is wrapped around the stick.

▪ The most basic percussion method of producing fire is by striking together two pieces of flint,
or by striking flint against pyrite. Later, steel was substituted for the pyrite.

▪ The flint-and-steel method prevailed throughout the civilized world until about 1827, when
matches came into use.

▪ With matches, friction is used to heal the tip of the match to the point at which chemicals in the
match head ignite.

Important Personalities and their Inventions:

1. JOHN WALKER- He was the English Pharmacist who invented the first match in 1827. The
tip of this match was coated a mixture of antimony sulfide and potassium chlorate that was held
on the wooden matchstick by gum Arabic and Starch.

2. ANTOINE LAVOISIER- a French Chemist who proved in 1777 that burning is the result of
the rapid union of oxygen with other substances. As substances burn, heat and light are
produced.

3. THOMAS ALVA EDISON- an American inventor who was able to send an elective current
through a carbon filament (wire) until the filament became so hot that it gave off light.

*Oxidation is the chemical reaction in which oxygen chemically combines with the organic
elements of a combustible substance. Slow oxidation sometimes becomes rapid.

*Combustion –rapid oxidation of material

30
 REVIEW CENTER

The Chemistry of Fire

FIRE defined:

FIRE is the heat and light that comes from burning substances produced by the
combustion of substances.
It is the manifestation of rapid chemical reaction occurring between a combustible matter
and an oxidizer. Such rapid chemical reaction releases energy in the form of heat and light.
When a substance burns, heat and light are produced. Burning is also called combustion.

The 3 elements of fire

The theory of fire states that: to produce fire, 3 things/ conditions must exist:
(Known as the triangle of fire)

1. Heat- ignition temperature

2. Fuel- combustible material (organic material, hydrocarbons)
3. Oxidizing agent- the common oxidizing agent is oxygen

Air is composed of:

 Oxygen
 Nitrogen
 Inert gases

To burn a fuel, its temperature must be raised (increased) until ignition point is reached.
Thus, before a combustible matter starts to burn or before it can be ignited, it has to be exposed
to a certain degree of temperature. When the temperature of a substance is very high, it releases
highly combustible vapors known as FREE RADICALS. The lowest temperature at which a
substance gives off vapor that burns momentarily (when a flame or spark is applied) is called the
FLASH POINT.

If a fuel’s temperature has reached its flash point, then it can be instantly ignited thus
producing a momentary fire. If its temperature still increases, such that it continuously releases
combustible vapors, the condition results to sustained burning (combustion). Hence, the fuel is
deemed to have reached its fire point. FIRE POINT is the temperature at which the fuel
continues to burn after it has been ignited – that even if the source of ignition has been removed,
the fuel continues to burn. Flash point of a substance is usually a few degrees lower than the fire
point.

If a substance automatically burns without any human or mechanical intervention, the

temperature of the substance has been spontaneously increased until it reaches the AUTO-
IGNITION POINT. Auto-ignition point or SELF-IGNITIONPOINT is the lowest temperature
at which a substance can be heated to release vapors that will ignite without the application of a
flame or spark. It refers to the temperature at which spontaneous combustion take place. Auto-
ignition point is usually much higher (in temperature) than the fire point.

 FLAMMABLE means easily ignited and capable of burning with great rapidity. A
flammable substance is therefore a highly combustible substance. The terms FLAMMABLE
and INFLAMMABLE are synonymous; meaning that they have the same meaning thus they
can be interchangeably used.

31
 REVIEW CENTER
Combustion may be in the form of:

1. GLOWING COMBUSTION (Condense-phased combustion)

-manifested by embers

2. GAS PHASED COMBUSTION – flame

FLAME defined:

The flame is the matter produced by fire. It is composed of burning incandescent gases. It
is the manifestation of fire when the fire in its gas-phased combustion.

Types of Flames:

1. According to color and completeness of combustion:

a) LUMINOUS FLAME- reddish-orange in color; it deposits soot because it is a product

of incomplete combustion; it has lower temperature.

b) NON-LUMINOUS FLAME- bluish in color; it does not deposit soot because it is a

product of complete combustion; it has a higher temperature than luminous flame.

2. According to Burning Fuel and Air Mixture:

a) PREMIXED FLAME- e.g.: flame of a Bunsen burner

b) H YDROCARBON- any substance containing primarily carbon and hydrogen

c) DIFFUSION FLAME- e.g. flame of oxyacetylene torch

d) (Diffused- dispersed; widely spread)

3. Based on Smoothness:

a) LAMINAR FLAME- smooth flame

b) TURBULENT FLAME- rough flame

PYROLYSIS defined:

It refers to the chemical process whereby fire consumes the most solid part of the fuel. It
is the thermal decomposition of combustible matter. It is the chemical decomposition of a solid
fuel through the action of heat.

FREE RADICALS- combustible vapors such as:

1. Hydrogen gas
2. Carbon monoxide
3. Carbon dioxide
4. Nitrogen

Two (2) basic modes of fire:

1. Flaming Mode- represented by the fire TETRAHEDRON, a 4-sided figure with the sides
representing fuel, temperature, oxygen, and the uninhibited chemical chain reaction.

32
 REVIEW CENTER
2. Surface or Smoldering Mode- it is represented by the fire triangle with the 3 sides
representing fuel, temperature, and oxygen.

THE ELEMENTS OF FIRE

A. FUELS ( Combustible Materials)

General Categories of Fuels:

The 3 groups of combustible materials basing on the three states of matter are:

1. Solid combustible materials- include organic or inorganic, natural or synthetic, and

metallic solid materials.
2. Liquid combustible materials- includes all flammable liquid fuels and chemicals
3. Gaseous substances- includes those toxic/ hazardous gases that are capable of ignition

Classification of Combustible Materials:

1. Class A Fuels- ordinary combustible materials that are usually made of organic
substances such as wood and wood-based products; includes some of those synthetic
and/or inorganic materials like rubber, leather and plastics.
2. Class B Fuels- materials which are in the form of flammable liquids such as alcohol,
acidic solutions, oil, and other chemicals such those liquid petroleum products
3. Class C Fuels- normally fire resistant materials; these are materials used in electrical
wirings and other electrical appliances.
4. Class D Fuels- combustible metallic substances such as magnesium. Titanium,
zirconium, sodium and potassium

LIQUID FUELS

 Liquid fuels are made mainly from petroleum, but some synthetic liquid fuels are also
produced. Petroleum also called crude oil, ranges from clear yellow- brown oils to thick,
black tars. Most petroleum is refined to produce such fuels as gasoline, diesel oil, and
kerosene. Gasoline is used to provide energy for most motor vehicles and piston-engine
airplanes. Diesel oil powers most trains, ships, and large trucks. Kerosene provides energy
for jet airplanes.
 In the Canadian province of Alberta, plentiful bituminous sands are processed to yield oil.
In Brazil, such biomass as sugar cane, pulp and cassava plants are used to produce fuel for
automobiles.

 Some motorists in the United States use a similar fuel, called gasohol, in their cars.
Gasohol consists of a mixture of gasoline and alcohol. The alcohol in gasohol is often
produced from such grains as corn and wheat.

General Characteristics of liquids:

a) Matters with definite volume but no definite shape.
b) They assume the shape of their vessel because there is free movement of molecules
although these molecules do not have the tendency to separate from one another.
c) They are slightly compressible. They are not capable of indefinite expansion, unlike gas.

33
 REVIEW CENTER

Two (2) general groups of Liquid Fuels:

1. FLAMMABLE LIQUIDS- liquids have a flash point below 37.8o C (100 o F)

2. COMBUSTIBLE LIQUIDS- liquids have a flash point at or above 37.8o C (100 o F)

 Technically speaking, flammable and combustible liquids do not cause fire. It is the vapors
they produce which burn or explode when exposed to air under the influence of heat.
Gasoline is the most widely used flammable liquid.

LATENT HEAT is the quantity of heat absorbed by a substance from a solid to a liquid, and
from a liquid to a gas. Conversely, heat is released during conversion of gas to liquid or liquid to
gas.

Techniques of preventing fire and explosion caused by liquid fuels:

1. Exclusion of ignition source.
2. Exclusion of air supply.
3. Shutting of fuel supply if possible.
4. Keeping liquids in closed container.
5. Proper ventilation to prevent the accumulation of vapor within a flammable range.
6. Using an atmosphere of inert gas instead of air.
7. Cooling the liquid to stop evaporation
8. Combination of the above.

GAS FUELS

GAS is a state of matter which has no definite volume and has no definite shape, unless
it is contained in a container. It is composed of very tiny particles called molecules at constant
random motion.

CLASSIFICATION OF GASES:

A. Based on source:
1. Natural Gas
 The gas used to heat buildings, cook food, and provide energy for industries. It consists
chiefly of methane, a colorless and odorless gas. Natural gas is usually mixed with
compounds of the foul-smelling element sulfur so gas leaks can be defected.
 Butane and propane, which make up a small proportion of natural gas, become liquids
when placed under larger amounts of pressure. When pressure is released, they change
back into gas. Such fuels, often called liquefied petroleum gas (LPG) or liquefied natural
gas (LNG), are easily stored and shipped as liquid.

2. Manufactured Gas
 This gas like synthetic liquid fuels is used chiefly where certain fuels are abundant
and others are scarce. Coal, petroleum, and biomass can all be converted to gas
through heating and by various chemical procedures. Gas can also be produced by
treating such biomass as animal manure with bacteria called anaerobes. The bacteria
expel methane as they digest the waste.

B. Based on or according to Physical Properties:

1. Compressed gases- are those in normal atmospheric temperature pressure inside its
container. Its pressure is dependent on how much gas is inside the container

34
 REVIEW CENTER
2. Liquefied gases- are those in normal atmospheric pressure partly in liquid state and partly
in solid state under pressure inside the container. Its pressure is dependent upon the
temperature of the liquid.
3. Cryogenic gases- are liquefied gases that exist in its container at temperature far below
normal atmospheric temperature, usually slightly above its boiling point with low
moderate pressure.

A. Based on usage:

1. Fuel gases- flammable gases used for burning with air to produce heat and utilized as
power, light sources, etc.
2. Industrial gases- a large number of gases used in industrial processes such as those used
in welding and cutting of metals
3. (Oxygen, Acetylene), refrigeration, chemical processing, water treatment, etc.
Ex. Freon, ammonia, sulfur dioxide, hydrogen, nitrogen, chlorine, and fluorine
4. Medical gases- those used for treatment such as for anesthesia and respiratory therapy.
Ex. Chloroform, nitrous oxide, oxygen

CHEMICAL FUELS

Chemical fuels, which are produced in solid and liquid form, create great amounts
of heat and power. They are used chiefly in rocket engines. Chemical rocket propellants
consist of both fuel and an oxidizer. A common rocket fuel is the chemical hydrazine. The
oxidizer is a substance, such as nitrogen tetroxide, that contains oxygen. When the propellant
is ignited, the oxidizer provides the oxygen the fuel needs to burn. Chemical fuels are also
used in some racing cars.

NUCLEAR FUELS

Nuclear fuels provide energy through the fission or fusion of their atoms. Uranium
is the most commonly used nuclear fuel, though plutonium also provides nuclear energy.
When the atoms of these elements undergo fission, they release tremendous amounts of heat.
Nuclear fuels are used mainly o generate electricity. They also power some submarines and
ships. Nuclear energy can also be produced through the fusion of hydrogen atoms.

*Nuclear Fission- split of the nucleus of the atoms

*Nuclear Fusion- combination two light nuclei of atom

B. HEAT (Temperature)

HEAT defined:

In physics, transfer of energy from one part of a substance to another or from one body
to another by virtue of a difference in temperature. Heat is energy in transit; it always flow from
a substance at a higher temperature to the substance at a lower temperature, raising the
temperature of the latter and lowering that of the former substance, provided the volume of the
bodies remains constant. Heat does not flow from a lower to a higher temperature unless another
form of energy transfer, work, is also present.

TEMPERATURE defined:

TEMPERATURE is the measure of the degree of thermal agitation of molecules; the

hotness or coldness of something; measure of the thermal agitation of molecules of matter.
Thermometer is the instrument used to measure.

35
 REVIEW CENTER

LATENT HEAT
 A number of physical changes are associated with the change of temperature of a
substance. Almost all substances expand in volume when heated and contract when
cooled. The behavior of water between 0o and 4oC (32o and 39oF) constitutes an important
exception to this rule. The phase of a substance refers to its occurrence as a solid, liquid,
or gas, and phase changes in pure substances occur at definite temperatures and
pressures. The process of changing from solid to gas is referred to as SUBLIMATION,
from solid to liquid as melting, and from liquid to vapor as VAPORIZATION. If the
pressure is constant, these processes occur at constant temperature.
 The amount of heat required to produce a change of phase is called LATENT HEAT, and
hence, latent heats of sublimation, melting, and vaporization exist. If water is boiled in an
open vessel at a pressure of 1atm, the temperature does not rise above 100oC (212oF), no
matter how much heat is added. The heat that is absorbed without changing the
temperature of the water is the latent heat; it is not lost but is expended in changing the
water to steam and is then stored as energy in the steam; it is again released when the
steam is condensed into water (condensation). Similarly, if a mixture of water and ice in a
glass is hated, its temperature will not change until all the ice is melted. The latent heat
absorbed is used up in overcoming the forces holding the particles of ice together and is
stored as energy in the water.

SPECIFIC HEAT

The heat capacity or the measure of the amount of heat required to raise the temperature
of a unit mass of a substance one-degree is known as specific heat. If the heating process occurs
while the substance is maintained at a constant volume or is subjected to a constant pressure the
measure is referred to as a specific heat at constant volume or constant pressure. The latter is
always larger than, or least equal to, the former for each substance. Because 1cal.causes a rise of
1oC in 1g of water, the specific heat of water is 1cal/g/ oC. In the case of water and other
approximately incompressible substances, it is not necessary to distinguish between the constant
volume and constant pressure specific heats, as they are approximately equal. Generally, the two
specific heats of a substance depend on the temperature.

TRANSFER OF HEAT

 The physical methods by which energy in the form of heat can be transferred between
bodies are conduction and radiation. A third method, which also involves the motion of
the matter, is called convection.
 Conduction requires physical contact between the bodies or portions of bodies
exchanging heat, but radiation does not require contact or the presence of any matter
between the bodies.
 Convection occurs when a liquid or gas is in contact with a solid body at a different
temperature and is always accompanied by the motion of the liquid or gas. the science
dealing with the transfer of heat between bodies is called heat transfer.

C. Oxidizing Agent: The 3rd Element

The common oxidizing agent is oxygen.

Air is composed of:

1. 21% oxygen
2. 78%nitrogen
3. 1% inert gases

36
 REVIEW CENTER
21% - normal oxygen
12%- insufficient to produce fire
14-15%- can support flash point
16- 21%- can support fire point

CAUSES AND BEHAVIOR OF FIRE

A. NATURAL CAUSES

1. SPONTANEOUS HEATING – automatic chemical reaction that results to spontaneous

combustion due to auto-ignition of organic materials; the gradual rising of heat in a
confined space until ignition temperature is reached.

2. LIGHTNING – a form of static electricity; a natural electric current with great

magnitude, producing tremendous amperage and voltage.

 Lightning usually strikes objects that are better electrical conductors than air.
Lightning can cause fire directly or indirectly. Indirectly when it strikes telephone
and other transmission lines, causing an INDUCED LINE SURGE.
 Lightning can cause a FLASHFIRE or dust explosion. When lightning strikes a
steel or metal rod covered with dust, the dust would suddenly burn thus resulting
to an explosion.

A lightning may be in the form of:

 HOT BOLT- longer in duration; capable only of igniting combustible materials

 COLD BOLT- shorter in duration; capable of splintering a property or literally blowing
apart an entire structure; produces electrical current with tremendous amperage and very
high temperature.

2. RADIATION of sunlight- when a light hits a concave mirror, concentrating the light on a
combustible material thereby ignites.

B. ACCIDENTAL CAUSES of Fire

Electrical Accidents

1. Short-circuit – unusual or accidental connection between two points at different

potentials (charge) in an electrical circuit or relatively low resistance.
2. Arcing- production of sustained luminous electrical discharge between separate
electrodes; an electrical hazard that results when electrical current crosses the gap
between 2 electrical conductors.
3. Sparking- production of incandescent particles when two different potentials (Charged
conductors) come in contact; occurs during short-circuits or welding operations.
4. Induced current – induced line surge – increase of electrical energy flow or power
voltage; induced current; sudden increase of electrical current resulting to the burning of
insulating materials, exploding of the fuse-box, or burning of active electrical appliances.
5. Overheating of electrical appliances- increase or rising of amperage while electric current
is flowing in a transmission line resulting to the damage or destruction of insulating
materials; maybe gradual or rapid; internal or external.

Purely Accidental Causes- Negligence and other forms of human error

37
 REVIEW CENTER
C. INTENTIONAL CAUSES - incendiary

If in the burned property, there are preparations or traces of accelerant and plants and
trailer then the cause of fire is intentional.

1. Accelerant - highly flammable chemicals that are used to facilitate flame propagation
2. Plant – the preparation and/or gathering of combustible materials needed to start a fire.
3. Trailer - the preparation of flammable substances in order to spread the fire.

COMMON CAUSES OF FIRE:

1. Electrical short circuit
2. Electrical grounded circuit
3. Electrical overloading
4. Loose connection or improper splicing
5. LPG- Liquefied Petroleum Gas

Characteristics of LPG:
a. It is liquid inside the container but automatically transformed into gaseous state
when release so that it can be transported easily and stored economically (1:270);
b. It is 1.5 heavier than air; and
c. It s colorless, tasteless, an odorless, but an oxidizing agent called “Ethyl
Mercaptan” is introduced to determine leakage.
6. Spontaneous ignition- It is a decomposition process. All must contain a certain amount of
moisture whose presence is essential to act as the catalyst so that combustion can occur.
These substances or materials combine slowly with oxygen at ordinary (normal) room
temperature to produce heat. If air cannot circulate freely in these finely divided particles
or cannot escape to the atmosphere, the oxidation will gradually build to the point where
AUTO IGNITION occurs and fire will propagate itself.
7. Incendiary fire
8. Natural fire - lightning, sunlight, volcanic eruption
9. Others

FIRE BEHAVIOR

Thermal Balance and Thermal Imbalance:

 Behavior of fire maybe further understood by considering the principle of thermal
balance and thermal imbalance. THERMAL BALANCE refers to the rising movement or
pattern of the fire; the normal behavior when the fire is undisturbed.
 THERMAL IMBALANCE, on the other hand is the abnormal movement of fire due to
interference of foreign matter. Thermal imbalance often confuses the fire investigator in
determining the exact point where the fire originated.

Dangerous/ fatal behavior of fire:

1. BACKDRAFT is the sudden and rapid (violent) burning of heated gases in a confined
area that occurs in the form of explosion. This may occur because of improper
ventilation. If room is not properly ventilated, highly flammable vapors maybe
accumulated such that when a door or a window is suddenly opened, the room violently
sucks the oxygen and simultaneously, a sudden combustion may occur which may
happen as an explosion (combustion explosion).

2. FLASHOVER is the sudden ignition of accumulated radical gases produced when there
is incomplete combustion of fuels. It is the sudden burning of accumulated free radicals,

38
 REVIEW CENTER
which is initiated by a spark/flash produced when temperature rises until flash point is
reached. When accumulated volume of radical gases suddenly burn, there will be a very
intense fire that is capable of causing flames to jump at a certain distance in the form of
FIREBALLS. Fireballs can travel to a hundred yards with in a few seconds.
3. BITEBACK is a fatal condition that takes place when the fire resists the extinguishment
operation and becomes stronger and bigger instead.
4. FLASHFIRE is better known as dust explosion. This may happen when a metal post that
is completely covered with dust is going to be hit by lightning. The dust particles
covering the metal burn simultaneously thus creating a violent chemical reaction that
produces a very bright flash followed by an explosion.

THE 3 STAGES OF FIRE:

INCIPIENT PHASE- initial phase/ stage

Characteristics:
1. Normal room temperature
2. The temperature at the base of the fie is 400-800 oF
3. Ceiling temperature is about 2000 oF
4. Pyrolysis Products: mostly water vapors and carbon dioxide; small quantities of carbon
monoxide and sulfides maybe present.

FREE BURNING PHASE

Characteristics:
1. Accelerated pyrolytic processes take place
2. Development of convection current; formation of thermal column as heat rises
3. Temperature
800-1000oF
1200-1600oF
4. Pyrolytic decomposition moves upward on the walls (crawling of the flame) leaving burnt
pattern
5. Occurrence of FLASHOVER.

SMOLDERING PHASE

Characteristics:
1. Oxygen content drops to 13% or below causing the flame to vanish and the heat to
develop in layers.
2. products of incomplete combustion increase in volume, particularly carbon monoxide
with an ignition temperature of about 1125 oF
3. Ceiling temperature: 1000-1300oF
4. Heat and pressure in the room builds up.
5. Building/ room contains large quantities of superheated fuel under pressure but little
oxygen
6. When sufficient supply of oxygen is introduced, BACKDRAFT occurs.

CLASSIFICATION OF FIRES

A. Based on Cause:

1. Natural fire
2. Accidental fire
3. Intentional fire

39
 REVIEW CENTER

B. Based on Burning Fuel:

4 CLASSES OF FIRES

1. CLASS A FIRES- ordinary fires; type of fire resulting from the burning of wood, paper,
textiles, rubber, and other carbonaceous materials. In short, this is the type of fire caused
by ordinary combustible materials.
2. CLASS B FIRES- caused by flammable and/ or combustible liquids, such as kerosene,
gasoline, benzene, oil products, alcohol and other hydrocarbon derivations.
3. CLASS C FIRES- electrical fires; fire that starts in live electrical wires, equipment,
motors, electrical appliances and telephone switchboards.
4. CLASS D FIRES- fires that result from the combustion of certain metals in finely divided
forms. These combustible metals include:

Magnesium Potassium
Powdered calcium Zinc
Sodium Titanium
Lithium Zirconium
5. CLASS E FIRES- combination of the above
6. CLASS K FIRES - Kitchen fires.

FIRE PROTECTION, PREVENTION AND CONTROL

FIRE PROTECTION is the descriptive term referring to the various methods used to stop,
extinguish, and control destructive fire for eventual prevention of loss of life and property.

4 main objectives of fire protection:

1. To prevent destructive fire from starting
2. To extinguish (stop or put out) on going destructive fire
3. To confine a destructive fire at the place where it began
4. To prevent loss of life and property when fire starts

 FIRE PREVENTION

Fire prevention is the descriptive term of the various methods or safety measures
utilized to stop harmful or destructive fires from starting. Laws related with fire prevention and
fire protection in the Philippine Setting include the following:

1. PD# 1185, Fire Code of the Philippine

August 1977

2. PD#1096, Building Code of the Philippine

February 1977

3. RA# 6975, The DILG Act of 1990 (Chapter 4, Section 53 – 59)

It created the Bureau of Fire Protection (BFP) to be responsible for the prevention
and suppression of all destructive fires and to enforce the laws on fire.

 FIRE HAZARD – any condition or act that increase or may cause increase in the
probability that fire will occur or which may obstruct, delay, hinder or interfere with fire
fighting operations and the safeguarding of life and property.

40
 REVIEW CENTER
CONDITIONS OF FIRE HAZARD:

1. Existence of dangerous or unlawful amount of combustible or explosives in the

building not designed to store such materials.
2. Defective or improperly installed facilities or equipments.
3. Lack of adequate exit facilities.
4. Obstruction at fire escapes or other designated opening for firefighters.
5. Dangerous accumulation of rubbish waste and other highly combustible materials.
6. Accumulation of dust in ventilation system or of grease in the kitchen.
7. Building under repair.
8. Very old building or building is primarily made of combustible materials.

FIRE EXTINGUISHMENT

 Fire Extinguishment Theory

“To extinguish a fire, interrupt or eliminate the supply of any or all of the
elements of fire. Fire can be extinguished by reducing/ lowering the temperature, eliminating
the fuel supply, or by stopping the chemical chain reaction.”

 4 general methods of fire extinguishment:

1. Extinguishment by Temperature Reduction

- Cooling the temperature of the fire environment; usually done by using water.
- Lower down the temperature to cool the fuel to a point where it does not produce
sufficient vapors that burn

2. Extinguishment by Fuel Removal

- Elimination of the fuel supply/ source which maybe done by:

a. stopping the flow of liquid fuel

b. preventing the production of flammable gas
c. removing the solid fuel at the fire path
d. allowing the fire to burn until the fuel is consumed

3. Extinguishment by Oxygen Dilution

a. reduction of oxygen concentration at the burning area

b. by introducing inert gases
c. by separating oxygen from the fuel

4. Extinguishment by Chemical Inhibition

- Some extinguishment agents, like dry chemical and halon, interrupt the
production of flame resulting to rapid extinguishment of fire. This method is
effective only in burning gas and liquid fuels as they cannot burn in smoldering
mode of combustion.

 Methods of extinguishing the 4 classes of fire:

1. CLASS A FIRES – by quenching and cooling; water is the best agent in cooling the
burning solid material; water has quenching effect that can reduce the temperature of a
burning material below its ignition temperature; (Fire extinguishers which have water,
sand acid, foam and special solution containing alkali methyl dust, as found in the loaded
stream extinguisher, should be used for this type of fire.)

41
 REVIEW CENTER
2. CLASS B FIRES – by smothering or blanketing (oxygen exclusion). This type of fire is
put out or controlled by foam, loaded stream, carbon dioxide, dry chemical and
vaporizing liquid.
3. CLASS C FIRES – controlled by a non-conditioning extinguishing agent; the safest
procedure is to always de-energize the electrical circuit. Extinguishers that should be
used to put out these type of fires are:

Carbon Dioxide Extinguishers

Dry Chemical
Vaporizing liquids

4. CLASS D FIRES – by using special extinguishing agents marked specifically for metals.
GE type, meth LX, Lith X, Meth L, Kyl, dry sand and dry talc can put out class D fires.
5. CLASS E FIRES – any combination of the above methods.

 FIRE EXTINGUISHER defined:

 A FIRE EXTINGUISHER is a mechanical device, usually made of metal, containing

chemicals, fluids, or gases stopping fires, the means for application of its contents for
the purpose of putting out fire (particularly small fire) before it propagates, and is
capable of being readily moved from place to place.
 A FIRE EXTINGUISHER is a portable device used to put out fires of limited size.

 Types of Fire Extinguishers:

1. Water Fire Extinguisher – extinguisher filled with water use to fight class A and class B
fires except class C fires.
2. Liquefied Fire Extinguisher – those extinguishers that contain carbon monoxide gas used
to fight class A, B and C fires.
3. Dry Chemical Extinguisher – those that contain chemical powder intended to fight all
classes of fires.

Markings required on fire extinguishers:

 (Rule 37, Sec. 106 of PD 1185)

All fire extinguishers manufactured or sold in the Philippines must be labeled or marked to
show at least the following:

1. Date of original filling

2. Chemical contents
3. Type of extinguisher
4. Operating instruction and safe procedure in usage
5. Name and address of the manufacturer
6. Name and address of the dealer

Prohibited types of fire extinguishers:

(Rule 37, Sec. 104 of IRR of PD 1185)

The following types of extinguishers are prohibited for manufacture or sale:

1. All inverting types which make it necessary to invert the container before the
extinguisher’s operation

42
 REVIEW CENTER
2. Soda-acid extinguishers
3. Stored pressure or cartridge operated foam solution, unless an air-aspirating nozzle is
provided.
4. Vaporizing liquid extinguishers using carbon tetrachloride or chlorobromomethane in any
concentration or formulation
5. Vaporizing liquid extinguishers of less than one kilogram extinguishing agent
6. Glass bulb, “grenade” type, or “bomb” type of vaporizing liquid extinguishers which
have to be thrown to the fire or are mounted on specific location and which operate upon
the melting of a fusible link
7. Thermatic special hazards single station extinguishers with extinguishing capability of
less than four and a half (4.5) cubic meters.
8. Other types, which maybe hereinafter prohibited

Prohibited acts involving the operation of fire extinguishers:

 (Rule 37, Sec. 108 of IRR of PD 1185)

The following are declared prohibited acts concerning the use of fire extinguishers:

1. Removal of inspection tags attached to fire extinguishers

2. Refilling a discharged extinguisher with an extinguishing agent other than what the
unit was designed to contain
3. Selling fire extinguishers not appropriate to the hazard
4. Selling fire extinguishers prohibited by Rule 37, Sec. 104
5. Selling defective or substandard extinguishers
6. Using/ installing two or more thermatic special hazard vaporizing liquid units in
rooms with volume greater than the nominal capability of one unit
7. Installing pressure gauges in fire extinguishers, which do not indicate the actual
pressure of the interior of vessel such as, but not limited to, use of uncalibrated
gauges, not providing or blocking the connection between the gauge and the
interior, or fixing the indicator/ needle to indicate a certain pressure

 General Operating Procedure in Fire Extinguishment:

P – Pull the pin at the top of the extinguisher that keeps the handle from being pressed. Press the
plastic or thin wire inspection band.

P – Point the nozzle or outlet toward the fire. Some hose assemblies are dipped to the
extinguisher body. Release it and then point at the base of the fire.

P – Press the handle above the carrying handle to discharge the extinguishing agent inside. The
handle can b released to stop the discharge at any time.

S – Sweep the nozzle sideways at the base of the flame to disperse the extinguishing agent.

After the fire is out, probe for remaining smoldering hot spots or possible reflash of
flammable liquids. Make sure the fire is out before leaving the burned area.

TYPES OF FIRE EXTINGUISHERS

1. FOAM EXTINGUISHER – contains sodium bicarbonate and a foam-stabilizing agent in

a larger compartment and a solution of aluminum sulfate in an inner cylinder; reaction
between the two solutions forms a stabilized foam of carbon dioxide bubbles.( For Class
A and B)

43
 REVIEW CENTER

2. SODA-ACID EXTINGUISHER – oldest type; filled with sodium bicarbonate mixed with
water; a small bottle of sulfuric acid is suspended inside (near the top) in such a way that
when the extinguisher is turned up-side-down, the acid mixes with sodium bicarbonate;
carbon dioxide is formed by the reaction which results to the building of pressure inside
the extinguisher; this pressure forces the water solution out from the container through a
hose.

3. VAPORIZING LIQUID EXTINGUISHER – contains non-conducting liquid, generalized

carbon tetrachloride or chlorobromethane; operation is by manual pumping or using a
stored pressure; the stream of liquid that is expelled is vaporized by the heat of the fire
and forms of smothering blanket.
- Usually used in fires involving flammable liquids or live electrical equipment

4. CARBON DIOXIDE FIRE EXTINGUISHER

Effective against burning liquids and fires in live electrical equipment; used mainly to put
out class C fires.( For Class B and C)

 EXTINGUISHING AGENTS

1. MULTI-PURPOSE DRY CHEMICALS

Mono- Ammonium Phosphate (NH H PO)
2. BCF-HALON 1211
Bromochlorodifluoromethane
3. AFFF – (Aqueous Film Forming Foam)
Light water; AFFF is a synthetic foam-forming liquid designed for use with fresh water.
4. CARBON DIOXIDE – delivers a quick smothering action to the flames, reducing the
oxygen and suffocating the fire. Carbon dioxide dissipates without leaving any
contamination or corrosive residue.

EXTINGUISHING AGENTS

 Cooling is the most common method of fire extinguishment, and water is the most
effective cooling agent. Fortunately, water is usually available in large quantities and has
the greatest capacity for heat absorption. Therefore, most burning substances can be
cooled below their ignition point by the application of water.
 Water maybe applied as a solid stream, in the form of a high velocity fog, or in the form
of a low velocity water fog. Generally, fog is preferred to the solid steam except when it
is necessary to reach a fire that is some distance away or when the penetrating power of
the solid stream is required.
 Fog is preferable because a given amount of water can be absorb more heat when it is in
the form of fog than it can when it is in the form of a solid stream. Additional advantage
of fog is that it reduces the amount of water that must be used; also, in addition to cooling
the fire, fog tends to smother the fire by displacing oxygen.
 Because of the cooling capacity of the finely divided water particles, fog can be used
successfully on oil fires as well as on class A fires. If fog is used on an oil fire, it is
important to remember that there is greater danger of reflash until the entire surface of the
oil has been cooled below the flash point.
 Water is not recommended as an extinguishing agent for electrical fires except as a last
resort. When water is properly broken up into fine spray (fog) by the nozzles, the fog
does not conduct electricity. But if the nozzle is accidentally to electrical equipment,
there is great danger of electrical shock.
 Moreover, water cannot be used for class D fires because water coming in contact with
burning metals produces hydrogen gas. The heat given off by the fire ignites the

44
 REVIEW CENTER
hydrogen, causing an explosion. However, low velocity fog can be used with little
danger.
 Water fog affords considerable protection to the investigator and fire fighter by forming a
screen of water droplets between the fire and personnel. The fog screen given protection
against the intense heat of the fire. Water fog also tends to dilute or absorb various vapors
and to wash fumes and smoke from the atmosphere.

FOAM
 Is a thick, viscous, light, and stable material that floats on almost any liquid, including
water. It is non-toxic and does not damage paint on surfaces. The air or mechanical foam
consists of very small bubbles of air mixed into water, which has a small amount of
foam-forming equipment.
 Foam is a highly effective extinguishing agent for smothering large fires, particularly
those in oil, jet fuels, and gasoline. After a fire has been extinguished, the foam blanket
continues to seal off vapor from the surface. Foam is sufficiently fluid to flow over,
around, and under obstructions to enter otherwise inaccessible spaces.

LIGHT WATER OR AQUEOUS FILM FORMING FOAM (AFFF)

 It is a new synthetic, film-forming foam liquid. This new agent is replacing the present
commonly used foam. The unique action of light water stems from its ability to make a
light-water film float on flammable liquids.
 As foam is applied over the flammable liquid surface, an aqueous solution drains the
from the foam bubbles and float out over the surface to provide a vapors seal. This
aqueous film-forming action enhances extinguishment and prevents reflash, even when
the film from the blanket is ruptured.

DRY CHEMICALS

 Dry chemical powders extinguish a fire by a rather complicated chemical mechanism.

They do not smother the fire and they do not cool it. Instead, they interrupt the chemical
reaction that is fire by suspending fire particles in the fire. In effect, the dry chemicals put
a temporary screen between the heat, oxygen, and fuel and maintain this screen just
enough for the fire to be extinguished.
 Several types of dry chemicals have been used as fire extinguishing agents. One of the
most important agents of this kind at present is potassium bicarbonate, also known as
Purple-K-Powder or PKP. It is very effective against Class B and C fires. However, it is
both corrosive and abrasive and should be used on class C fire only in emergencies.

CARBON DIOXIDE
 It is a dry, non-corrosive gas that is inert when in contact with most substances. It does
not damage machineries or equipment. Since it is a non-conductor of electricity, it can
safely be used in fighting fires that might present electric shock hazard.
 However, the frost that collects on the horn of the CO 2 cylinder is a conductor of
electricity. Therefore, rubber gloves should be worn when using CO2 to extinguish
electrical fires.
 CO2 extinguish fires by smothering – that is, by reducing the amount of oxygen available
for combustion. This smothering action is temporary. It must be remembered that the fire
can quickly rekindle if oxygen is again admitted to hot embers. In addition, CO 2 is
dangerous because it does not support life. Asphyxiation can result from breathing carbon
dioxide.

BROMOCHLORDIFLUOROMETHANE (BCF-HALON 1211)

45
 REVIEW CENTER
 It is one of the modern and effective extinguishing agents available for general risk. BCF
is a vaporizing liquid, which will interrupt chemically the chain reaction taking place in
the flames.
 It has the ability to minimize the possibility to reflash after the fire has been extinguished.
A colorless, non-corrosive liquefied gas leaves no messy residue. It is highly
recommended for industrial factory, home, computers and electronic company, motor
vehicles, etc.

EFFECTS OF FIRE

When a substance burns, a number of chemical reactions occur. These reaction results in
the production of flame, heat, smoke, gases, and combustion products. All of these effects of fire
are vitally important to firefighters and investigators, who must be always prepared to protect
him against them.

FOUR PRODUCTS OF COMBUSTION

1. Heat – the product of combustion responsible for the spread of fire

Injuries caused by heat are:

a. dehydration
b. heat exhaustion
c. injury to the respiratory tract
d. burn

2. Flame – it is the luminous body of a burning gas. When burning, gas is mixed with proper
amount of oxygen; the flame becomes hotter and less luminous. This loss of luminosity is
because of a more complete combustion of the carbon.

3.Fire gases – in most fires, it consist of mixture of oxygen, carbon dioxide, carbon monoxide,
nitrogen and finely divided particles (soot).

4.Smoke – some materials give off more smoke than others do.

PROTECTION FROM FLAME, HEAT, AND SMOKE

 In order to avoid injury or loss of life, protective outfit must be worn. Before entering a
space where a fire exists, pant legs should be tucked into socks, collar should be
buttoned. One should wear asbestos gloves, a helmet, a headlamp, an Oxygen Breathing
Apparatus (OBA).
 The flame and the heat from a fire are intense but proper dress will help to prevent burns.
The smoke will make it hard to see and hard to breathe, but the OBA and the headlamp
will help the person to cope up with these problems.

INSUFFICIENT OXYGEN
 Fire consumes an enormous amount of oxygen. So, when a fire occurs in a closed space,
very little oxygen is left for men to breathe.
 The amount of oxygen normally present in the air is 21 percent and human beings can
breathe and work best.
 When there is only 17 percent oxygen in the atmosphere, people breathe a little faster and
deeper.
 At 15 percent oxygen, a person is likely to become dizzy, having a buzzing in his ears,
have a rapid heartbeat, and headache. At this amount of oxygen or less, it will not support
combustion.
 When the oxygen content falls to 9 percent, unconsciousness may occur.

46
 REVIEW CENTER
 When the oxygen content is 7 percent or less, DEATH is likely to occur.

COMBUSTION GASES

Some of the gases produced by a fire are toxic (poisonous) and others are dangerous in
other ways, even though they are not toxic.

CARBON MONOXIDE

 Produced when fire occurs and there is not enough oxygen for the complete
combustion of all the carbon in the burning material.
 It has the chemical formula, CO, is a colorless, odorless, tasteless, and non-
irritating gas.
 It is deadly even in small concentration.
 1.28 percent of CO in the air can cause unconsciousness after two or three
breathes and will probably die in 1 to 3 minutes.
 For 12.5 to 74 percent by volume, mixed with air, it will set off a violent
explosion when exposed to a spark or flame.

HYDROGEN SULFIDE (H2S)

 It is a colorless gas.
 In low concentration, it smells like rotten eggs.
 It is generated in some fires, it also occurs as the result of the rotting of foods,
cloth, leather, and other organic materials.
 A percentage of 4.3 to 4.6 in the air is violently explosive in the presence of
flame.
 It is extremely poisonous if breathed, even in concentration as low as 0.01
percent.
 Acute poisoning results from breathing and death can occur in a very few
minutes from breathing an atmosphere that contain from 0.07 to 0.10 percent
H2S.

CARBON DIOXIDE (CO2)

 It is a colorless and odorless gas that is formed by the complete combustion of

the carbon in burning materials.
 CO2 is not poisonous, the main danger is it does not provide oxygen to
breathe, and ASPHYXIATION may result.
 The danger is greatly increased because CO2 is colorless and odorless, does
not give any warning of its presence even when it is present in dangerous
amount.

PPROTECTIVE EQUIPMENT

A. Usual Protective Clothing

1. boots
2. helmets
3. gloves
4. rain gear

B. Other Protective equipment or instrument that may be worn as situation demands

1. Oxygen Breathing Apparatus (OBA). An entirely self-contained unit designed to protect
the wearer in an atmosphere that lacks oxygen or that contains harmful gases, vapors,

47
 REVIEW CENTER
smokes or dusts. It is entirely independent of any outside air. The user breathes in a
closed system in which oxygen is supplied by chemicals in a canister, which also purifies
exhaled air, and a bag, which store a ready source of oxygen.
2. Air – line Masks. It is not used in fighting fires; however, it may be used to enter smoke
filled spaces, for the rescue of personnel. A 25 – foot length of hose is provided for
connection between the demand flow regulator and an outside supply of oxygen.
3. Tending Lines. Used as precautionary measures to facilitate the rescue of an overcome
investigator or firefighter who is wearing an OBA, air - line mask, or similar equipment.
This line is 50-foot nylon covered steel wire for use with the OBA or air – line mask. A
stout hook with a snap catch is provided at each end. It is also maximum pliability and
slides freely around obstructions. A system of “pull signals” is utilized between the OBA
wearer and tender for communication.
4. Proximity Fire Fighting Suit. This suit provides the wearer with thermal protection while
approaching and operating close to large fires. It will allow entry to overheated spaces to
bring fires under control, and the effecting of rescue, so with the rapid investigation after
a fire is under control. The approach concept of the proximity fire-fighting suit precludes
the use of the suit for fire entry purposes. This use, does not contemplate the necessity for
the wearer to move to the flames, or through flaming and burning liquid fuel

The suit consists of:

 One-piece coverall
 Gloves
 A hood- provides covering over the OBA
 Boots – made of rubber

The material used is asbestos, cotton, aluminized on the outside for reflective
purpose. The suit also resists the penetration of liquids.

C. Atmospheric Testing Devices

All closed or poorly ventilated spaces (and particularly those in which a

fire has just occurred) are dangerous because the atmosphere may lack oxygen, may
contain poisonous gases, or may present fire and explosive hazards. Before entry of
personnel is permitted, the space must be tested with one or both of the following
equipment:

1. Combustible Gas Indicator. This is made by several manufacturers. Although they

all operate on the same principles, basically these are instruments that can
quickly, safely, and accurately detect all combustible gases or vapors associated
with fuel oils, alcohol, gasoline, hydrogen, acetylene in mixture with air or
oxygen, etc.. The indicator is sensitive in detecting small quantities of these gases
and vapors up to the lower explosive limit and it gives a reliable indication of the
mixture if in the upper explosive range. The indicator however, does not identify
the explosive or combustible gases that are present. It merely indicates their
presence in a certain proportion.
2. Flame Safety Lamp. It is intended solely for the detection of oxygen deficiency in
the atmosphere. The lamp also detects the presence of flammable vapors, but its
intentional use for this purpose is very dangerous particularly in an atmosphere
that may contain acetylene or hydrogen.

Under normal condition, the flame looks like an ordinary flame. If the
oxygen in the air becomes lower than the normal, the flame will go dim. If the oxygen
becomes less than 16 percent by volume, the flame of the lamp is extinguished.

48
 REVIEW CENTER
The lamp should not be used until after tests with the combustible gas
indicator have indicated that the space does not contain flammable or explosive vapors or
gases.

If the lamp is placed in an atmosphere containing flammable or explosive

gases, some of the gases in the side of the lamp nearest the flame will burn, thus causing
an increase in the length of the flame.

B. Forcible Entry Tools

In order to do an effective job extinguishing the fire, one must be able to

get at the fire. If the normal means of access are blocked, forcible entry tools may be
needed to get in and fight the fire.

1. Most Commonly Used

e. Sledge hammer
f. Fire ax
g. Crowbar
h. Wrecking bar
i. Claw tool, etc.

2. Hacksaw. To use properly, mount the blade with the teeth pointed away from the
handle. Tighten the blasé until it hums when plucked. Use long, steady strokes,
about 40 to 50 per minute. Apply pressure on the forward stroke; release the
pressure on the return stroke.
3. Bolt cutter. This can be used to cut mild steel sock up to half an inch in diameter.
Do not twist the bolt cutter when using them as they may break the jaws or
blades. In an emergency that requires cutting electrical cables, make sure that the
cables have been de-energized.

4. Oxyacetylene Cutting Outfit. The portable pack-type may be used to rescue

workers on metal plating or metal obstructions that would hinder rescue workers
or fire fighters. The outfit consists of two cylinders (oxygen and acetylene),
regulator, hoses, torch, and tip.

FIRE FIGHTING OPERATIONS

(FIRE SUPPRESSION ACTIVITIES)

FIRE PREVENTION

Some Fire Prevention Rules to be followed or observed practiced checked and

inspected as a means of preventing fire are as follows:

RULE 1:
Learn to look at everything with an eye for possible fire hazards. Develop a special
kind of alertness for situations or actions that could conceivably lead to fire.

RULE 2:
Insist on proper storage and good housekeeping procedures. Report violations to proper
authority.

49
 REVIEW CENTER
RULE 3:
Maintain firefighting equipment in a state of maximum readiness. While that will not
prevent a fire from starting, it is the best possible means of preventing the spread of fire.
RULE 4:
Make sure that everybody is trained to be alert for fire hazards, as well as being trained
in basic firefighting.

RULE 5:
Keep up with new firefighting equipment and techniques. It is everybody’s
responsibility to keep abreast of new development in fire prevention.

“PROHIBITED ACTS OF PD 1185, FIRE CODE OF THE PHILIPPINES”

(In connection with fire protection and fire prevention):

1. Obstructing or blocking the exit ways or access to buildings clearly marked for fire
safety purposes, such as not limited to aisles in interior rooms, any part of stairways,
corridors, vestibules, balconies, or bridges leading to a stairway or exit of any kind, or
tolerating or allowing said violations.
2. Constructing gates, entrances, and walkways to building, components and yards, which
obstruct the orderly and easy passage of fire fighting vehicles and equipments;
3. Prevention, interference or obstruction of any operation of the Fire Service, or of duly
organized and authorized fire brigades;
4. Obstructing designated fire lanes or access to fire hydrants.
5. overcrowding or admission of persons beyond the authorized capacity in movie houses,
theaters, coliseums, auditoriums or other public assembly buildings, except in other
assembly areas on the ground floor with open sides or open doors sufficient to provide
safe exits;
6. Locking the fire exits during periods when people are inside the building;
7. Prevention or obstruction of the automotive closure of fire doors or smoke partitions or
dampers;
8. Use of fire protective or fire fighting equipment of the fire Service other than for fire
fighting except in other emergencies when their use are justified;
9. Giving false or malicious alarms;
10. Smoking in prohibited areas may be determined by the Fire Service, or throwing of
cigars, cigarettes, burning objects in places which may start or cause fire;
11. Abandoning or leaving a building or structure by the occupant or owner without
appropriate safety measures;
12. Removing, destroying, tampering or any unauthorized mark, seal, sign or tag or posted
or required by the Fire Service for fire safety in any building, structure or processing,
equipment; and
13. Use of jumpers or tampering with electrical wiring or overloading the electrical system
beyond its designed capacity, or such other practices that would tend to undermine the
fire safety features of the electrical system.

RULES TO FOLLOW IN CASE FIRE BREAKS OUT IN YOUR HOME

1. Do not panic. Shout for help or call the fire department.
2. Warm everybody in the house so they can leave at once by the safest exit and stay out of
the building.
3. Do not try to fight the fire larger than one in a wastebasket, unless you have had special
training.
4. Try to close every door and window when you leave because closed doors and windows
slow the spread of fire.
5. If you must go through a smoky area, crawl on your hands and knees as close to the floor
as possible to avoid suffocation.

50
 REVIEW CENTER
6. Do not hastily jump out of windows above the first floor. The fall can be fatal. Give
firemen a chance to arrive and effect a rescue.
7. Do not run if your clothing catches fire because you just fan the fire. Roll on the ground
or blanket to smother the flames.
8. Before opening a closed door in a burning building, feel the door first with the palm of
the fingers. Do not open if it feels hot. The fire on the others side might be blazing
fiercingly that the flames will blow you or kill you upon opening the door or explosion
might occur.

FIREFIGHTING ACTIVITIES

FIREFIGHTING EQUIPMENT

Considering the danger and hazards posed by a fire, extra-productive equipment

should be worn by firefighters to minimize injury or death. Other equipments are also
recommended to expedite the extinguishment of the destructive fire or to prevent the spread of
fire.
A. ALL-PURPOSE NOZZLE
 It is attached to the end of the fire hose and is used to direct a solid stream of
water, low or high velocity fog to the fire. The nozzle can be adjusted easily and
quickly by the handle.
 Do not pick-up a charge hose by the handle of the nozzle (the hose is charged
when it has water available at the nozzle.
 The handle could easily move to open position, and the high water pressure
(about 100psi) could cause the hose to whiplash dangerously, possibly injuring
personnel or damaging equipment.

B. FIRE HOSE
 It is made up of double-jacketed, rubber-lined cotton in size of 1 ½ inch, 2 ½
inch, and 3 ½ inch.
 The standard length is 50 feet. A 50-foot length is normally referred to as
“length”.
 There are two fitting on each length of a hose; a male fitting on one end and a
female fitting at the other end,
 Hoses should always be rolled with the male fitting inside to protect the threads.

C. PROTECTIVE EQUIPMENT. Those previously mentioned in the preceding

chapter.

D. FORCIBLE ENTRY TOOLS. Those previously mentioned in the preceding

chapter.

LADDER OPERATIONS

Originally, ladders were made from hard wood, with solid beams. Even in short lengths these
ladders were heavy and hard to handle. As the years passed by, an improved metal ladder made
of lightweight metal alloys were introduced and to date are most commonly used in fire service.

TYPE OF LADDERS
1. Ground Ladder
2. Aerial Ladder

Ground ladders vary in sizes from 3.1 to 17 meters (10-55 feet) long. It is being carried on a
pumper or fire trucks.

51
 REVIEW CENTER
Forms of Ground Ladder
1. Wall/Pompier
2. Extension
3. Hook (Roof) or Straight
4. Attic

Uses:
1. For rescue
2. To stretch lines into a fire building
3. Provide ventilation by giving access to ports, scuttles, windows, roofs, or other places
that are hard to reach.

Forms of Aerial Ladder

1. Hydraulic
2. Elevating Platform(Articulated Boom)

Uses:
1. Provide a source of heavy streams in combating fire;
2. Best used for rescue operations;
3. Used an elevator to lift hand lines, hand tools and short ladders up to its load limits;
4. Used as a reconnaissance platform or a place from which to direct operations.

Type of Ladders According to its Beam:

1. Solid Beam Ground Ladder
2. Trussed Beam Ground Ladder

Type of Ladder Carries:

1. One-man Carry
2. Two-man Carry
3. Four-man Carry
4. Six-man Carry

LADDER RAISES

Ladder raising requires practice and cooperation. Before raising a ladder, you must knw how far
you should place the heel of the ladder from the building.

Methods to Determine the Distance of the Ladder Heel from the Building:
1. Divide the length of the ladder by 5 and add 2.
2. Divide the length of the ladder by four. If you used a fully extended 35-feet ladder.

Types of Ladder Raise:

1. One-man raise
2. Two-man raise
3. Three-man raise
4. Four-man raise

Proper Climbing Angle: Rule of Thumb

Stand with your toes against the butt, with out-stretched arms, reach for a rung at about shoulder
level (applicable only for an average firefighter, on the other hand, an exceptionally tall or short
firefighter might have to make adjustments) approximately 75 degrees angle of inclination
between the ladder and the ground.

52
 REVIEW CENTER

PRE-FIRE PLANNING

This activity involves developing and defining systematic course of actions that
maybe performed in order to realize the objectives of fire protection; involves the process of
establishing the SOP in case fire breaks out.

EVALUATION SET-UP

(On the spot planning or sizing-up the situation)

This is the process of knowing the emergency. It involves mental evaluation by the
operation officer-in-charge to determine the appropriate course of action that provides the
highest probability of success.

(Evaluation of the situation):

3. Learn the facts of the situation – by answering the 5 Ws- 1H

4. Understand the probabilities of dangerous/ fatal behavior of fire
5. Know your own situation or capabilities – weaknesses and strengths; available
manpower and equipment
6. Determine the specific course of action – entry or rescue

EVACUATION is the activity of transferring people, livestock, and property away from the
burning area to minimize damage or destruction that the fire might incur in case it propagates to
other adjacent buildings.

ENTRY is the process of accessing the burning structure. Entry maybe done in a forcible
manner. Purposes of conducting forcible entry:
9. to provide access for firefighters with equipment for fire extinguishment
10. to provide rescue
11. to aid in ventilation

When is forcible entry required?

When areas where normal openings are locked, blocked, or not provided

RESCUE is the operation of removing (extricating), thus saving people and other livestock from
the burning building and other involved properties, conveying them to a secure place.

TYPES OF RESCUE

1. Rescue from burning building

2. Rescue from collapse building
3. Rescue from vehicular accident
4. Rescue from cave-ins
5. Rescue from electrocution
6. Rescue from hazardous atmosphere

BASIC APPROACH FOR RESCUE OPERATION

1. Learn the facts of the situation- data gathering by:

2. Information, and
3. Person who reported the incident
4. Understanding probabilities “Do the greatest good to the greatest number”
5. Know your own situation

53
 REVIEW CENTER
- evaluate personnel and equipment
- number of victims and rescuer

Gases that are likely to cause a need for rescue work are:

1. Industrial gases which include refrigerants, fuel gases, anesthetic, fumigants and
processing gases
2. Fire gases including smoke, carbon dioxide, carbon monoxide, carbon and others
3. Gases from decomposition, which includes ammonia, hydrogen sulfide, sulfur dioxide,
carbon dioxide, carbon monoxide, hydrogen, etc
4. Rescue from drowning
5. Rescue from air crash

Determine the plan of action

L – Locate the victim – find or determine where the victim is

A – Access – means of going to the victim

S – Stabilized for first aid application by triage – like threatening, cases are already given for
necessary care

T – Transfer the victim to the hospital

INDICATION OF EMERGENCY RESCUE

1. When there is a danger of fire explosion
2. When there is a danger of toxic gases
3. When there is a danger of asphyxiation
4. When there is a danger of traffic hazard
5. When there is a danger of electrocution
6. When there is a danger of collapse
7. When there is a danger of pin by machinery
8. When there is an intense condition

CONSIDERATION OF RESCUE WORK

1. Do the method and extent or rescue work and whether the result maybe obtained justify
it?
2. Will it be safe for the rescue team?
3. Will it increase the possibility of saving the lives of trapped men?

POINTS TO CONSIDER IN PLANNING

1. Plans and maps
2. Interview points
3. Number of people inside the building
4. Number of available rescuers
5. Rescue equipments
6. Know the danger and risk
7. Condition in the type of rescue
8. Familiarity to access and passages

PREPARATION TO RESCUE WORK

1. Fit to the job

2. Tools and equipment issued to members
3. Instruction be discussed to the team

54
 REVIEW CENTER
4. Synchronized watches
5. List of team members

DURING RESCUE

1. Check surrounding for possible approach

2. Check impending hazard
3. Secure work site
4. Provide support
5. Limit opening for entry
6. Be on guard for any leak from LPG
7. Plot to progress of work or a map
8. Write down progress or activities

PROCEDURE IN FIRE SEARCH AND RESCUE (SAR)

1. Always wear breathing apparatus when performing SAR in a burning building.

2. Types of SCBA:

a. Demand apparatus
b. Positive pressure apparatus
c. Closed circuit positive pressure compressed oxygen apparatus (re-breather)
3. If at all, work in pairs
4. By observing exterior of the burning, building before entering, locate more than one
means of egress
5. Be sure others are fighting the fire before entering the building
6. Once you enter the building, visibility will be poor at best if you cannot see your feet, do
not remain standing. Search on hands and knees.
7. Completely search one room before entering the next room.
8. Start your search on an outside wall. This will allow you to ventilate by opening windows
as soon as possible. Ventilate only if ventilation will not cause the spread of fire.
9. Move all furnitures, searching behind and under all furniture.
10. Search all closets and cupboards including shower stalls.
11. Occasionally, pause during search and listen for cries for help or other such signs or
signals.
12. Move up and down stairs on your hands and knees, keeping your head up whether
descending or ascending.
13. After searching a room, leave as sign or signs that the room has been searched. Chairs
turned over, latch straps, mattress folded sideways in bed, or closet doors open. But close
entry door of room to prevent the spread of fire.
14. Always look for the extension of fire and report any extension to the commanding
officer.
15. If rooms or building is too hot to enter, reach in doorway or window with a handle of a
tool. Many victims will be found just inside the door or windows.
16. Once you have successfully rescued a victim, place to someone’s custody so they will not
try to reenter the building for any reason.

QUALIFICATIONS OF A RESCUER

1. Not below 21 years old and not over 45 years old

2. Organically sound, in good health and physically fit
3. Of sound mind
4. Of temperate habit
5. Have good hearing and vision
6. Courageous and have good judgment and initiative

55
 REVIEW CENTER
7. Calm and self-controlled in emergency and danger
8. Strong and capable of performing long and arduous physical labor
9. First aider
10. Honest and preserving

EXPOSURE – cover exposure

This is the activity of securing other buildings near the burning structure in order to prevent the
fire from extending to another building

CONFINEMENT – This is the activity of restricting the fire at the place (room) where it
started; the process of preventing fire from extending from another extension or from one section
to another section of the involved building.

VENTILATION – This is the operation purposely conducted to displace toxic gases. It includes
the process of displacing the heated atmosphere within the involved building with normal air
from outside atmosphere.

Advantages of Ventilations

1. Aids rescue operation – Proper ventilation simplifies and expedites the rescue of victims
by removing smoke and gases that endanger occupants who are trapped or unconscious,
and by making conditions safer for fire fighters.
2. Speeds attack and extinguishment – The removal of smoke, gases, and heat from the
building permits fire fighters to more rapidly locate the fire and proceed with
extinguishment. It will also reduce the danger of asphyxiation.
3. Reduces property damage – Rapid extinguishment of fire reduces property damage.
4. Reduces Mushrooming – When sufficient heat is confined in the area, the temperature of
combustible materials rise to their ignition points. These materials will not ignite,
however, unless sufficient oxygen is available to support combustion. In this situation, a
very dangerous condition exists because the admittance of an air supply is all that is
needed to change the overheated area into an inferno (backdraft). In order to prevent this
critical situation from occurring, top ventilation must be provided to release superheated
fire gases and smoke.

Three types of ventilation

1. Vertical ventilation
2. Horizontal ventilation
3. Mechanical/ Force ventilation

SALVAGE – The activity of protecting the properties from preventable damage other than the
fire

Steps:
1. Remove the material outside the burning area
2. Protect or cover the materials by using tarpaulins (cotton canvass treated with water
proofing)

EXTINGUISHMENT – This is the process of putting out the main body of fire by using the
four general methods of fire extinguishment:
Cooling
Smothering
Separation
Combination of the above

56
 REVIEW CENTER
OVERHAUL – This is the complete and detailed check of the structure and all the materials
therein to eliminate conditions that may cause re – flash; involves complete extinguishment of
sparks or smoldering (glowing) substances (embers) to prevent eliminate possibilities of re-
ignition or rekindling.

FIRE SCENE INVESTIGATION

This is the final stage of fire suppression activities. It is an inquiry conducted to know or
determine the origin and causes of fire.

THE INVESTIGATION OF FIRE

In the Philippines, the Bureau of Fire Protection is the main government agency
responsible for the prevention and suppression of all destructive fires on buildings, houses, and
other structures, forest, land transportation vehicles and equipments, ships or vessels docked at
piers or major seaport, petroleum industry installations, plane crashes and other similar incidents,
as well as the enforcement of the Fire Code and other related laws. It has the major power to
investigate all causes of fires and, if necessary, file the proper complaints with the proper
authority that has jurisdiction over the case (R.A. no. 6975, sec. 54).

Why Fires should be investigated

The reason why fires should be investigated is to determine the cause of the fire in
order to prevent similar occurrences.

The determination of the origin and cause of fire is arrived at only after a thorough
investigation. Since basic investigation is a prelude to the discovery of the true cause of the fire,
an understanding of the chemistry of fire and its attendant behavior should be a concern for
successful investigation.

Who are qualified to investigate fires?

A fire investigator should have the following traits:

1. Should possess knowledge of investigational techniques

2. Should have an insight of human behavior
3. Should have a first hand knowledge of the chemistry of fire and its behavior
4. Should be resourceful

Complexity and Uniqueness of Fire Investigation:

Fire investigation is complex and unique because:

1. Fire destroys evidence

2. If it is Arson, it is planned, motivated and committed in discreet
3. Rarely can there be an eyewitness in Arson

The Firemen’s Role in Fire Investigation

Firemen who usually arrived at the crime scene ahead of the fire investigators are
valuable sources of information. They are the so-called “Eyes and Ears” of the police before,
during and after the fire has been placed under control.

Categories of Information received from firemen

57
 REVIEW CENTER

1. Information attainable or developed prior to the arrival at the scene

2. Information available to the firemen at the scene
3. Information available during overhaul and thereafter.

The Legal Aspects of Fire Investigation

Arson and other Crimes involving Destruction

ARSON defined – Arson is the intentional or malicious destruction of property by fire.

 It is the concern of fire investigation to prove malicious intent of the offender. Intent must
be proved, otherwise, no crime exist.
 The law presumes that a fire is accidental, hence criminal designs must be shown. Fire
caused by accident or criminal design must be shown. Fire caused by accident or
negligence does not constitute arson.

Basis of Criminal Liability in arson

1. Kind and character of building burned

2. Location of the building
3. Extent or value of the damage
4. Whether inhabited or not

Destructive arson is committed by burning of:

1. Any arsenal, shipyard, storehouse, military powder or firework factory, ordinance

storehouse, archives or general museum of the government.
2. Any passenger train or motor vehicle in motion or vessel out of ports;
3. In an inhabited place, any storehouse or factory of inflammable or explosive materials;
and
4. Any theater, church, cockpit, or other building where meetings are held, when occupied
by numerous assemblage.

Other forms of Arson

1. Setting fires to any building, farmhouse, warehouse, hut, shelter, or vessel in port,
knowing it to be occupied at the same time by one or more person.
2. Building burned is a public building and value of damage exceeds six thousand pesos
(P6, 000.00).
3. Building burned is a public building and a purpose is to destroy evidence kept therein to
be used in instituting prosecution for punishment of violators of law, irrespective of the
amount of damage.
4. Building burned is a public building and purpose is to destroy evidence kept therein to be
used in legislative, judicial or administrative proceeding, irrespective of the damage, if
the evidence is to be used against defendant of any crime punishable under existing law.

Arson of Property of Small Value (Art. 323, RPC)

Elements:
1. Burning of any uninhabited hut, storehouse, barn, shed, or any other property.
2. Under circumstances clearly excluding all danger of the fire spreading.
3. Value of the property does not exceed P25. 00.

Crimes Involving Destruction

58
 REVIEW CENTER

Elements:
1. Offender causes destruction
2. By any of the following means:

a) explosion
b) discharge of electric current
c) inundation, sinking or stranding of vessel
d) taking up the rails from a railway track
e) malicious changing of railway signals for the safety of moving trains
f) destroying telegraph wires and telegraph post or those any other communication
system

Article 325, RPC – Burning Ones Own Property as a Means of Committing Arson

This article punishes the burning of one’s own property for the purpose of
committing arson or great destruction of another’s property.

Article 326, RPC – Setting Fire to Property Exclusively Owned by the offender

This act is punished if the purpose of the offender is to:

a) Defraud or cause damage to another or

b) Damaged is actually caused upon another’s property even if such purpose is absent or
c) Thing burned is a building in an inhabited place

2. Presidential Decree No. 1613 – Amending the Law on Arson

Special Aggravating Circumstances in Arson

1. If committed with intent to gain;

2. If committed with the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;
4. If committed by a syndicate(3 or more persons)

Prima Facie Evidence of Arson

1. If the fire started simultaneously in more than one part of the building or establishment;
2. If substantial amounts of flammable substances or materials are stored within the building
not necessary in the business of the offender nor house hold use;
3. If gasoline, kerosene, petroleum, or other flammable or combustible substances or
materials soaked therewith or containers thereof, or any mechanical, electrical, chemical,
or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing
are found in the ruins or premises of the burned building or property;
4. If the building or property is insured for substantially more than its actual value at the
time of the issuance of the policy;
5. If during the lifetime of the corresponding fire insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and/or
insured;
6. If shortly before the fire, a substantial portion of the effects insured and stored in a
building or property had been withdrawn from the premises except in the ordinary course
of business,

59
 REVIEW CENTER
7. If a demand for money or other valuable consideration was made before the fire in
exchange for the desistance of the offender or for the safety of the person or property of
the victim.

ARSON INVESTIGATION

What Constitutes Arson?

1. Burning – to constitute burning, pyrolysis must take place. In other words, there must be
burning or changing, i.e. the fiber wood must be destroyed, its identity changed.
2. Willfulness – means intentional, and implies that the act was done purposely and
intentionally.
3. Malice – it denotes hatred or desire for revenge
4. Motive – is the moving cause that induces the commission of the crime
5. Intent – is the purpose or design with which the act is done and involves the will

Methods of Proof in Arson

 Physical evidences in arson are often destroyed. To prove arson was committed, Corpus
Delicti must be shown and the identity of the arsonist must be established.
 Corpus Delicti (The body of the crime) is the fact of that crime was committed.

The following must show it:

1. Burning – that there was fire that may be shown by direct testimony of complainant,
firemen responding to the crime, other eyewitnesses. Burned parts of the building may
also indicate the location.
2. Criminal Design – must show that it was willfully and intentionally done. The presence
of incendiary devices, flammables such as gasoline and kerosene may indicate that the
fire is not accidental.
3. Evidence of Intent – When valuables were removed from the building before the fire, ill
feeling, between the accused and the occupants of the building burned, absence of effort
to put off fire and such other indications.

Basic Lines of Inquiry:

1. Origin of fire
2. Motive
3. Prima Facie Evidence and Prime Suspects
4. Tell Tale signs

A. Points of Origin of Fire

 Initially, the important point to be established is the point of origin of fire. In other words,
at what particular place in the building did the fire start? This maybe established by an
examination of the witness, by an inspection of the debris at the fire scene and by
studying the fingerprint of fire.
 The fingerprint of fire occurs during the free burning stage of the fire when pyrolytic
decomposition moves upward on the walls leaving a bunt pattern.
 Witnesses must be questioned as to:

60
 REVIEW CENTER
1. His identity
2. What attracted his attention
3. Time of observation
4. His position in relation to the fire at the time of observation
5. Exact location of the blaze
6. Size and intensity
7. Rapidity of spread
8. Color of flame and odor if he is in a position to observe
9. Any other person in the vicinity beside the witness

Fire Setting Mechanism

1. matches
2. candles
3. electrical system
4. mechanical means
5. chemical methods

B. Motive

Fires are set by:

1. Persons with Motives

a) those with desire to fraud the insurer
b) employees or such other person who have grievance (Fire revenge)
c) those with desire to conceal evidence of a crime
d) those who set fire for purposes of intimidation

2. Persons without Motives

a) those who are mentally ill
b) pathological fire setters
c) Pyros (pyromaniac)
d) Psychos

 In determining motive, the investigator must concentrate on three major factors: Point
of origin of fire, modus operandi of arsonist, beneficiaries.

Motives of arsonists:

1. Economic gain

a) Insurance fraud – benefiting

b) Desire to dispose merchandise – lost of market value being out of season, lack of raw
materials, over supply of merchandise can be a big reason for arson.

 Existing business transaction that the arsonist would like to avoid such as impending
liquidation, settlement of estate, need for cash, prospective business failure, and
increased rentals.

2. Profit by the Perpetrator other than the insured

a) Insurance agents wishing business with the insured
b) Business competitors planning to drive others
c) Person seeking job as personnel protection
d) Salvagers and contractors wishing to contract another building

61
 REVIEW CENTER
3. Concealment of crime – when the purpose of hiding a crime or committing a crime, arson
was used as means.

Punitive Measure – to inflict injury to another due to hatred, jealousy and revenge

Intimidation or Economic Disabling – these are saboteurs, strikers and racketeers to

intimidate management or employer.

Pyromania – the uncontrollable impulse of a person to burn anything without any

motivation. They do not run away from the fire scene since they love watching fire burning.

Types of Pyromania:

a) Abnormal youth – epileptics, imbeciles and morons

b) Hero type – a person set a building on fire and pretends to discover it, turn on the
alarm or make some rescue works t appear as “hero”
c) Drug addicts and alcoholics
d) Sexual deviates and perverts

C. Development of Prime Suspects

This identification results from the full development of leads, clues and traces, the
testimony of persons particularly eyewitnesses and the development of expert testimony. The
following technique may serve the investigation:

1. Search of the fire scene for physical evidence

a) protection of the scene
b) mechanics of search
c) collection and preservation of evidence
d) laboratory aids

2. Background study of policyholders, occupants of premises, owner of building or other

person having major interest in the fire
3. Interviews and interrogations of persons who discovered the fire, and the one who turned
the first alarm, firemen, and eyewitnesses
4. Surveillance

D. Tell Tale Signs

These signs maybe obvious that the first fireman at the scene will suspect arson or they
maybe so well concealed that moths of patient investigation to show that it is set off will be
required.

1. Burned Building – the type of building may indicate a set fire under certain
circumstances. A fire of considerable size at the time the first apparatus arrive at the
scene is suspicious if it is a modern concrete or semi-concrete building.
2. Separate fires – when two or more separate fire breaks out within a building. The fire is
certainly suspicious.
3. Color of smoke – some fire burn with little or no smoke but there are exceptions. The
observation of the smoke must be made at the start of the fire since once the fire has
consumed a major proportion; the value of the smoke is lost, because the smoke will not
indicate the material uses by the arsonist.

62
 REVIEW CENTER
 When white smoke appears before the water from the fire hose comes in contact
with fire, it indicates humid material burning. Example – burning hay, vegetable
materials, phosphorous (with garlic odor).
 Biting smoke, irritating the nose and throat, causing lacrymation, and coughing
indicates presence of chlorine.
 Black smoke indicates lack of air but if accompanied by large flames it indicates
petroleum products and rubber.
 Reddish-brown smoke indicates nitrocellulose, S1, H2, SO4, HNO3 or HCl.

Meaning of color of Smoke and Fire:

 Black smoke with deep red flame – petroleum products, tar rubber, plastics, etc.
 Heavy brown with bright red flame – nitrogen products
 White smoke with bright flame – magnesium products
 Black smoke with red and blue green flame – asphalt
 Purple – violet flame – potassium products
 Greenish-yellow flame – chloride or manganese products
 Bright reddish yellow flame – calcium products

2. Color of flame – the color of the flame is a good indication of the intensity of the fire, an
important factor in determining incendiarism.

 A reddish glow indicates heat of 5000 degrees centigrade; a real light read about 100
degrees centigrade. Red flames indicate presence of petroleum. Blue flame indicates use
of alcohol as accelerant.
 Smoke marks – an experience investigation will determine the volume of smoke involved
at a fire and the character as residue deposited on walls or elsewhere. Smoke marks have
often been of assistance in determining the possibility of a fire having more than one
place of origin.

3. Size of fire – this is important when correlated with the type of alarm, the time received
rand the time of arrival of the first fire apparatus. Fires make what might be termed a
normal progress. Such progress can be estimated after an examination of the material
burned the building and the normal ventilation offered to the fire. The time element and
the degree of headway much by the flames become important factors to determine factors
to determine possible incendiarism.
4. Direction of travel – while it is admitted that no two fires burn in identical fashion yet it
can be shown that fire makes normal progress through various types of building.
Considering the type of construction, the building materials, combustible of contents,
channel of ventilation and circumstances surrounding the sending of alarm, an
experienced investigator can determine whether a fire has spread abnormally fast.
5. Intensity – the degree of heat given off by a fire and the color of its flame oftentimes
indicate that some accelerant has been added to the material normally present in a
building and the investigator must look for further evidence pointing to use of such
accelerant. Difficulty in extinguishing the fire is often a lead to suspect presence of such
fluid as gasoline and kerosene.
6. Odor – the odor of gasoline, alcohol, kerosene, and other inflammable liquids, which are
often used as accelerant, is characteristic and oftentimes arsonists are trapped because of
this telltale sign. Most of the fire setters are inclined to use substances, which, will make
the blaze certain, and at the same time burn up any evidence of their crime.
7. Condition of Content – persons tending to set their house on fire frequently removes
objects of value either materially or sentimentally. Store and other business
establishments oftentimes remove a major portion of their content or replace valuable
merchandise without of style articles.

63
 REVIEW CENTER
8. Doors and windows – locked doors and obstructed entrance and passageways sometimes
point to an attempt to impede firemen in their fight to put out the fire. Doors and
windows showing signs of forced entry may point to arson preceded by burglary or arson
by someone without a key to the premises.
9. Other suspicious circumstances – interested by-standers of familiar faces and discovery
of some objects, which might be part of a mechanical fire-setting device among the
debris.

Method employed by the arsonist:

Introduction of incendiary materials such as:

1. Combustible liquids, which may require open flame for ignition

2. Certain gases when mixed with air possess excellent ignition of the property and when
present in an enclosed area may lead to an explosion i.e. acetylene, CO, ethylene, H, etc.
3. Solids exist in finely ground or powder condition, those that form an excellent
combustible substance. Some substances generate intense heat that could cause ignition
i.e. – chlorates, nitrates, perchlorates, chromates, etc.
4. Use of “plant” and other contrivances

Plants are devices, which are designed to ignite combustible materials sometime after the
initiating action. The arsonist therefore has the opportunity to escape from the premises. These
are:

 Heating appliances
 Flat iron, toaster, soldering iron, hot plates, lamp which are in contact with combustible
materials and abandoned until fire starts
 Sparklers such as electric switches, doorbells, short circuit telephone boxes that are
placed near volatile fluid emitting vapor with high concentration. Once spark is emitted,
it is enough to produce fire.

Mechanical devices:

 Clock mechanism that can be arranged so that the alarm movement starts the fire.
 Altered equipment such as broken pipes on oil burned or sprinkler system in which
combustible fluids have been placed.

Guidelines in the investigation of arson

I. Arrival and Observation

1. Arrival
 Observe person/ vehicle leaving the area
 Characteristics of person/ vehicle leaving the area
 Unusual road/ street condition
 Barricade showing the progress of response
 Vehicle parked in such manner as to create obstruction to the fire scene

2. Observation
 Identify the person who called them
 First person who leave the fire scene
 Did the fire occur during or after business hour?
 Was it during daytime or nighttime?
 Condition of traffic in the area

64
 REVIEW CENTER

II. The Fire Scene

1. Protecting the Fire Scene

1a. Cooperation of the firemen and the police

1b. Assignment of guards

2. Mechanics of Search

2a. Planning
2b. Sifting of the debris
2c. Location of the heart of fire
2d. General rules/ SOP’s

3. Collecting and Preservation of Evidence

3a. Photography
3b. Sketching
3c. Assistance of qualified experts
3d. Handling of physical evidence
3e. Forwarding of physical evidence

Legal Requirements in Preserving Pieces of Physical Evidence in Arson

A. Admissibility of the object or substance

It requires full accounting of the object or substance from the scene to the court

B. Admissibility of the results of Laboratory Examinations

1. Qualification of technician
2. Safeguarding of the samples during analysis
3. Result of the examination

C. Interpretations of the Findings to be made in non-technical language

D. Interviews and Interrogation
1. Time and place of questioning
2. Interviews of firemen, person who discovered the fire, insurance agent, neighbors,
insured and other person who has direct connection regarding the burned property.

Interrogation
1.proof of the existence of fire
2.to establish jurisdiction of the court
3.corpus delicti
4.proof for incendiary origin of fire
5.proof of the guilt of accused

E. Searching for Evidence

The safest procedure is for the investigator to start at the top of the heap and
carefully removing the objects one by one, laying them aside until reaching the bottom where he
will find the “pot of gold”, the evidence.

Steps in tracing the origin of Fire and searching for Evidence

1. External/ Outside Survey – careful conduct of inspection to the burned building

65
 REVIEW CENTER
2. Internal/ Inside Survey – enter the building to correlate the same with the outside survey
of the structure in question
3. Locate the pint of origin of fire, the ceiling area must be checked first
4. Look for Prima Facie Evidence of Arson

F. Entering the Building

When entering the building, the investigator should observe the following:
1. Look for marks on doors and windows not burned for possible indication of
forcible entry.
2. Notice whether the intruder has discarded tools used for forcible entry.
3. Notice unusual arrangement of the building content.
4. Stocks or substitutions of stocks, new expensive stocks have been removed,
substituted by second hand or old stocks.

III. Post Investigation

Methods according to Investigation:

Among the most likely methods to be used by investigators are the recording of the
facts noted at the fire scene, sketches and photographs as well as statements taken from
witnesses and other sources of information that maybe useful in developing the investigation
and completing the reports, fire inspection reports and financial reports.

All notes should be thorough, accurate, detailed, and neat so that they are easy to
transcribe and/or read. They will readily assist in correlating observations and developing
leads. These notes are the principal basis of all reports the investigator makes and submits.

The fire investigation report

It is the final written results of taking notes, recording observations and

interviewing witnesses. It includes the written results of the construction and size of the
burned structure, what the firemen observed and encountered upon their arrival at the fire
scene, the color of smokes and flame, and the intensity and location of fire.

Inventory of Evidence

As the evidence is collected and marked for identification purposes, it should be entered on
some type of inventory sheet. In all cases, it will improve the admissibility of evidence by
establishing chain of custody necessary to prove during trial on an arson cases.

ADDENDUM

PRESIDENTIAL DECREE No. 1185 August 26, 1977

PRESIDENTIAL DECREE No. 1185

FIRE CODE OF THE PHILIPPINES

66
 REVIEW CENTER
WHEREAS, death and injury to persons and loss and damage to property by fire have reached
alarming proportion that the economic and social gains of the society are being continually
undermined;

WHEREAS, in order to effect a meaningful reduction of the alarming fire losses, there is a need
to develop national consciousness and involvement of all persons in the prevention and
suppression of fires;

WHEREAS, fire prevention and suppression require the adoption of uniform fire safety
standards, the incorporation of fire safety construction and provision of protective and safety
devices in buildings and structures;

WHEREAS, there is an urgent need for an agency primarily responsible for the implementation
and coordination of the activities of all sectors of society on fire safety, prevention and
suppression;

WHEREAS, in order to effectively implement all efforts to minimize the occurrence of fires and
their destructive effects, full financial, equipment and personnel support by the government and
the private sector is necessary;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of

the powers vested in me by the Constitution, do hereby order and decree as part of the law of the
land the following:

Section 1. Title. This Decree and the Rules and Regulations for its implementation shall be
known as the "Fire Code of the Philippines" and shall hereinafter be referred to as the "Fire
Code".

Section 2. Declaration Of Policies. The following are declared policies of the State:

(a) The government, with the cooperation of the private sector, shall develop and
promulgate sets of standards and regulations taking into consideration the latest
development in fire technology suitable to Philippine conditions;

(b) Fire prevention and fire safety shall be given equal, if not greater emphasis as the
suppression or extinguishment of fires. Fire prevention education shall be undertaken
continuously involving all sectors of the community;

(c) The Fire Service of the Integrated National Police shall endeavor to respond to all
fires before they reach critical and conflagration stages. Towards this end, the
organization, administration and operation of the Fire Service shall be improved and
developed, its personnel and equipment augmented and effective fire alarm systems set
up; and

Manila

(d) The Fire Service shall be professionalized. For this purpose, educational institutions
shall endeavor to include in their curricula, courses on fire technology and fire protection
engineering.

Section 3. Definition Of Terms. As used in this Fire Code, the following words and phrases shall
mean and be construed as indicated:

ABATEMENT Any act that would remove or neutralize a fire hazard.

67
 REVIEW CENTER
ADMINISTRATOR Any person who acts as agent of the owner and manages the use of a
building for him.

BLASTING AGENT Any material or mixture consisting of a fuel and oxidizer used to set off
explosives.

CELLULOSE NITRATE OR NITRO CELLULOSE A highly combustible and explosive

compound produced by the reaction of nitric acid with a cellulose material.

CELLULOSE NITRATE PLASTIC (PYROXYLIN) Any plastic substance, materials or

compound having cellulose nitrate (nitro cellulose) as base.

COMBUSTIBLE, FLAMMABLE OR INFLAMMABLE Descriptive of materials that are easily

set on fire.

COMBUSTIBLE FIBER Any readily ignitable and free burning fiber such as cotton, oakum,
rags, waste cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar
materials commonly used in commerce.

COMBUSTIBLE LIQUID Any liquid having a flash point at or above 37.8_C (100_F).

CORROSIVE LIQUID Any liquid which causes fire when in contact with organic matter or with
certain chemicals.

CURTAIN BOARD A vertical panel of non-combustible or fire resistive materials attached to

and extending below the bottom chord of the roof trusses, to divide the underside of the roof into
separate compartments so that heat and smoke will be directed upwards to a roof vent.

CRYOGENIC Descriptive of any material which by its nature or as a result of its reaction with
other elements produces a rapid drop in temperature of the immediate surroundings.

DAMPER A normally open device installed inside an air duct system which automatically closes
to restrict the passage of smoke or fire.

DISTILLATION The process of first raising the temperature in separate the more volatile from
the less volatile parts and then cooling and condensing the resulting vapor so as to produce a
nearly purified substance.

DUCT SYSTEM A continuous passageway for the transmission of air.

DUST A finely powdered substance which, when mixed with air in the proper proportion and
ignited will cause an explosion.

ELECTRICAL ARC An extremely hot luminous bridge formed by passage of an electric current
across a space between two conductors or terminals due to the incandescence of the conducting
vapor.

EMBER A hot piece or lump that remains after a material has partially burned, and is still
oxidizing without the manifestation of flames.

FINISHES Materials used as final coating of a surface for ornamental or protective purposes.

FIRE The active principle of burning, characterized by the heat and light of combustion.

68
 REVIEW CENTER
FIRE TRAP A building unsafe in case of fire because it will burn easily or because it lacks
adequate exits or fire escapes.

FIRE ALARM Any visual or audible signal produced by a device or system to warm the
occupants of the building or fire fighting elements of the presence or danger of fire to enable
them to undertake immediate action to save life and property and to suppress the fire.

FIRE DOOR A fire resistive door prescribed for openings in fire separation walls or partitions.

FIRE HAZARD Any condition or act which increases or may cause an increase in the
probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with fire
fighting operations and the safeguarding of life and property.

FIRE LANE The portion of a roadway or publicway that should be kept opened and
unobstructed at all times for the expedient operation of fire fighting units.

FIRE PROTECTIVE AND FIRE SAFETY DEVICE Any device intended for the protection of
buildings or persons to include but not limited to built-in protection system such as sprinklers
and other automatic extinguishing system, detectors for heat, smoke and combustion products
and other warning system components, personal protective equipment such as fire blankets,
helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect
themselves during fire.

FIRE SAFETY CONSTRUCTIONS Refers to design and installation of walls, barriers, doors,
windows, vents, means of egress, etc. integral to and incorporated into a building or structure in
order to minimize danger to life from fire, smoke, fumes or panic before the building is
evacuated. These features are also designed to achieve, among others, safe and rapid evacuation
of people through means of egress sealed from smoke or fire, the confinement of fire or smoke in
the room or floor of origin and delay their spread to other parts of the building by means of
smoke sealed and fire resistant doors, walls and floors. It shall also mean to include the treatment
of buildings components or contents with flame retardant chemicals.

FLASH POINT The minimum temperature at which any material gives off vapor in sufficient
concentration to form an ignitable mixture with air.

FORCING A process where a piece of metal is heated prior to changing its shape or dimensions.

FULMINATE A kind of stable explosive compound which explodes by percussion.

HAZARDOUS OPERATION/PROCESS Any act of manufacturing, fabrication, conversion,

etc., that uses or produces materials which are likely to cause fires or explosions.

HORIZONTAL EXIT Passageway from one building to another or through or around a wall in
approximately the same floor level.

HOSE BOX A box or cabinet where fire hoses, valves and other equipment are stored and
arranged for fire fighting.

HOSE REEL A cylindrical device turning on an axis around which a fire hose is wound and
connected.

HYPERGOLIC FUEL A rocket or liquid propellant which consist of combinations of fuels and
oxidizers which ignite spontaneously on contact with each other.

69
 REVIEW CENTER
INDUSTRIAL BAKING AND DRYING The industrial process of subjecting materials to heat
for the purpose of removing solvents or moisture from the same, and/or to fuse certain chemical
salts to form a uniform glazing the surface of materials being treated.

JUMPER A piece of metal or an electrical conductor used to bypass a safety device in an

electrical system.

OCCUPANCY The purpose for which a building or portion thereof is used or intended to be
used.

OCCUPANT Any person actually occupying and using a building or portions thereof by virtue
of a lease contract with the owner or administrator or by permission or sufferance of the latter.

ORGANIC PEROXIDE A strong oxidizing organic compound which releases oxygen readily. It
causes fire when in contact with combustible materials especially under conditions of high
temperature.

OVERLOADING The use of one or more electrical appliances or devices which draw or
consume electrical current beyond the designed capacity of the existing electrical system.
OWNER The person who holds the legal right of possession or title to a building or real
property.

OXIDIZING MATERIAL A material that readily yields oxygen in quantities sufficient to

stimulate or support combustion.

PRESSURIZED OR FORCED DRAFT BURNING EQUIPMENT Type or burner where the

fuel is subjected to pressure prior to discharge into the combustion chamber and/or which
includes fans or other provisions for the introduction of air at above normal atmosphere pressure
into the same combustion chamber.

PUBLIC ASSEMBLY BUILDING Any building or structure where fifty (50) or more people
congregate, gather, or assemble for any purpose.

PUBLIC WAY Any street, alley or other strip of land unobstructed from the ground to the sky,
deeded, dedicated or otherwise permanently appropriated for public use.

PYROPHORIC Descriptive of any substance that ignites spontaneously when exposed to air.

REFINING A process where impurities and/or deleterious materials are removed from a mixture
in order to produce a pure element of compound. It shall also refer to partial distillation and
electrolysis.

SELF-CLOSING DOORS Automatic closing doors that are designed to confine smoke and heat
and delay the spread of fire.

SMELTING Melting or fusing of metallic ores or compounds so as to separate impurities from

pure metals.

SPRINKLER SYSTEM An integrated network of hydraulically designed piping installed in a

building, structure or area with outlets arranged in a systematic pattern which automatically
discharges water when activated by heat or combustion products from a fire.

STANDPIPE SYSTEM A system of vertical pipes in a building to which fire hoses can be
attached on each floor, including a system by which water is made available to the outlets as
needed.

70
 REVIEW CENTER
VESTIBULE A passage hall or antechamber between the outer doors and the interior parts of a
house or building.

VERTICAL SHAFT An enclosed vertical space of passage that extends from floor to floor, as
well as from the base to the top of the building.

Section 4. Applicability Of The Code. The provisions of the Fire Code shall apply to all persons
and all private and public buildings, facilities or structures erected or constructed before and after
its effectivity.

Section 5. Grace Period. The owner, administrator or occupant of buildings or structures

existing at the time of the effectivity of the Fire Code is given two (2) years to comply with the
provisions thereof on fire safety constructions and on protective and warning systems. However,
the Director General of the Integrated National Police may prescribe a shorter period depending
upon the degree of hazard to be recorded and the cost and extent of the work to be done.

Section 6. Responsibility for the Enforcement of this Code. The Fire Service, under the direct
supervision and control of the Director General of the Integrated National Police, hereinafter
referred to as the "Director General" shall be responsible for the enforcement of this Code, as
well as pertinent provisions of other laws pertaining to fire protection or fire safety. With the
approval of the Secretary of National Defense, the Director General is hereby authorized to:

(a) Issue implementing rules and regulations, and prescribe administrative penalties
therefore;

(b) Reorganize the Fire Service of the Integrated National Police as may be necessary and
appropriate;

(c) Enter into long term agreement, either through public biddings or negotiations to
include advance payments therefor, for the acquisition of fire prevention, fire protection
and fire fighting equipment, supplies and materials and related technical services
necessary for the Fire Service; and

(d) Enter into Memoranda of Agreement with other departments, bureaus, agencies,
offices and corporations of the government, as well as private institutions, in order to
define areas of corporation and coordination and delineate responsibility on fire
prevention education, fire safety, fire prevention, fire suppression and other matters of
common concern.

Section 7. Technical Staff. The Director General shall constitute a technical staff of highly
qualified persons who are knowledgeable on fire prevention, fire safety, and fire suppression.
They may be drawn not only from the organic members of the Integrated National Police and
other government offices and agencies, but also from other sources. In the latter case, they will
either be appointed into the service or hired as consultants in accordance with law. The technical
staff shall study, review and evaluate latest developments and standards on fire technology;
prepare plans/programs on fire safety, prevention and suppression and evaluate implementation
thereof; develop programs on the professionalization of the fire service; coordinate with
appropriate government and private institutions for the offering of college courses on fire
technology and fire protection engineering; propose amendments to the Fire Code; advise the
Director General on any matter brought to his attention; and perform such other functions as
directed on any matter brought to his attention and perform such other functions as directed by
higher authorities.

Section 8. Inspections, Safety Measures, Fire Safety, Constructions, and Protective and/or
Warning Systems. As may be defined and provided in the Rules and Regulations, owners,

71
 REVIEW CENTER
administrators or occupants of buildings, structures and their premises or facilities and other
responsible persons shall be required to comply with the following, as may be appropriate:

a. Inspection Requirement A fire safety inspection shall be conducted by the Director

General or his duly authorized representative as prerequisite to the grants of permits
and/or licenses by local governments and other government agencies concerned, for the:

(1) Use or occupancy of buildings, structures, facilities or their premises including

the installation or fire protection and fire safety equipment, and electrical system
in any building structure or facility;

(2) Storage, handling and/or use of explosives or of combustible, flammable, toxic

and other hazardous materials;

b. Safety Measures for Hazardous Materials Fire safety measures shall be required for the
manufacture, storage, handling and/or use of hazardous materials involving:

(1) Cellulose nitrate plastic of any kind;

(2) Combustible fibers;

(3) Cellular materials such as foam, rubber, sponge rubber and plastic foam;

(4) Flammable and combustible liquids or gases of any classification;

(5) Flammable paints, varnishes, stains and organic coatings;

(6) High-piled or widely spread combustible stock;

(7) Metallic magnesium in any form;

(8) Corrosive liquids, oxidizing materials, organic peroxide, nitromethane,

ammonium nitrate, or any amount of highly toxic, pyrophoric, hypergolic, or
cryogenic materials or poisonous gases as well as material compounds which
when exposed to heat or flame become a fire conductor, or generate excessive
smoke or toxic gases;

(9) Blasting agents, explosives and special industrial explosive materials, blasting
caps, black powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of
any kind, and plastic explosives containing ammonium salt or chlorate;

(10) Fireworks materials of any kind or form;

(11) Matches in commercial quantities;

(12) Hot ashes, live coals and embers;

(13) Mineral, vegetable or animal oils and other derivatives/by products;

(14) Combustible waste materials for recycling or resale;

(15) Explosive dusts and vapors; and

(16) Agriculture, forest, marine or mineral products which may undergo

spontaneous combustion.

72
 REVIEW CENTER
c. Safety measures for hazardous operation/processes Fire Safety measures shall be
required for the following hazardous operation/processes:

(1) Welding or soldering;

(2) Industrial baking and drying;

(3) Waste disposal;

(4) Pressurized/forced-draft burning equipment;

(5) Smelting and forging;

(6) Motion picture projection using electrical arc lamps;

(7) Refining, distillation and solvent extraction; and

(8) Such other operations or processes as may hereafter be prescribed in the Rules
and Regulations.

d. Provision on Fire Safety Construction, Protective and Warning System Owners,

occupants or administrator or buildings, structures and their premises or facilities, except
such other buildings or structures as may be exempted in the rules and regulations to be
promulgated under Section 6 hereof, shall incorporate and provide therein fire safety
construction, protective and warning system, and shall develop and implement fire safety
programs, to wit:

(1) Fire protection features such as sprinkler systems, hose boxes, hose reels or
standpipe systems and other fire fighting equipment;

(2) Fire Alarm systems;

(3) Fire walls to separate adjoining buildings, or warehouses and storage areas
from other occupancies in the same building;

(4) Provisions for confining the fire at its source such as fire resistive floors and
walls extending up to the next floor slab or roof, curtain boards and other fire
containing or stopping components;

(5) Termination of all exits in an area affording safe passage to a public way or
safe dispersal area;

(6) Stairway, vertical shafts, horizontal exits and other meals of egress sealed
from smoke and heat;

(7) A fire exit plan for each floor of the building showing the routes from each
other room to appropriate exits, displayed prominently on the door of such room;

(8) Self-closing fire resistive doors leading to corridors;

(9) Fire dampers in centralized air-conditioning ducts;

(10) Roof vents for use by fire fighters; and

73
 REVIEW CENTER
(11) Properly marked and lighted exits with provision for emergency lights to
adequately illuminate exit ways in case of power failure.

Section 9. Prohibited Acts. The following are declared as prohibited act and omission.

(a) Obstructing or blocking the exit ways or across to buildings clearly marked for fire
safety purposes, such as but not limited to aisles in interior rooms, any part of stairways,
hallways, corridors, vestibules, balconies or bridges leading to a stairway or exit of any
kind, or tolerating or allowing said violations;

(b) Constructing gates, entrances and walkways to buildings components and yards which
obstruct the orderly and easy passage of fire fighting vehicles and equipment;

(c) Prevention, interference or obstruction of any operation of the Fire Service, or of duly
organized and authorized fire brigades;

(d) Obstructing designated fire lanes or access to fire hydrants;

(e) Overcrowding or admission of persons beyond the authorized capacity in movie

houses, theaters, coliseums, auditoriums or other public assembly buildings, except in
other assembly areas on the ground floor with open sides or open doors sufficient to
provide safe exits;

(f) Locking fire exits during period when people are inside the building;

(g) Prevention or obstruction of the automatic closure of fire doors or smoke partitions or
dampers;

(h) Use of fire protective of fire fighting equipment of the Fire Service other than for fire
fighting except in other emergencies where their use are justified;

(i) Giving false or malicious fire alarms;

(j) Smoking in prohibited areas as may be determined by Fire Service, or throwing of

cigars, cigarettes, burning objects in places which may start or cause fire;

(k) Abandoning or leaving a building or structure by the occupant or owner without

appropriate safety measures;

(l) Removing. destroying, tampering or obliterating any authorized mark, seal, sign or tag
posted or required by the Fire Service for fire safety in any building, structure or
processing equipment; and

(m) Use of jumpers or tampering with electrical wiring or overloading the electrical
system beyond its designated capacity or such other practices that would tend to
undermine the fire safety features of the electrical system.

Section 10. Abatement of Fire Hazard. Fire hazards shall be abated immediately. For this
purpose, the Director General or his duly authorized representative may issue order for such
abatement. If the owner, administrator or occupant of buildings, structure and their premises or
facilities does not abate the same within the period fixed in said order, the occupancy permit or
permit to operate shall be canceled. Any building or structure declared as a firetrap or is causing
clear and present fire danger to adjoining establishments and habitations shall be declared a
public nuisance, as defined in the Civil Code of the Philippines. If the assessed value of the
building or structure is not more than twenty thousand (P20,000.00) pesos, the owner,

74
 REVIEW CENTER
administrator or occupant thereof shall abate the hazard within thirty (30 days or if the assessed
value is more than twenty thousand (P20,000.00) pesos, within sixty (60) days from receipt of
the order declaring said building or structure a public nuisance; otherwise, the Director General
or his duly authorized representative shall forthwith cause its summary abatement. Summary
abatement as used herein shall mean all corrective measures undertaken to abate hazards which
shall include but not limited to remodeling, repairing, strengthening, reconstructing, removal and
demolition, either partial or total, of the building or structure. The expenses incurred by the
government for such summary abatement shall be borne by the owner, administrator or occupant.
These expenses shall constitute a prior lien upon such property.

Section 11. Enforcement of The Lien. If the owner, administrator or occupant fails to reimburse
the government of the expenses incurred in the summary abatement within ninety (90) days from
the completion of such abatement, the building or structure shall be sold at public auction in
accordance with existing laws and rules. No property subject of lien under Section 10 hereof,
may be sold at a price lower than the abatement expenses incurred by the government. The
property shall be forfeited in favor of the government if the highest bid is not at least equal to the
abatement expenses.

Section 12. Penalties.

(a) ADMINISTRATIVE FINE Any person who violates any provision of the Fire Code
or any of the rules and regulations promulgated under Section 6 hereof shall be penalized
by an administrative fine of not exceeding twelve thousand (P12,000.00) pesos or in the
proper case, by stoppage of operations or by closure of such buildings, structures and
their premises or facilities which do not comply with the requirements or by both such
administrative fine and closure/stoppage of operation to be imposed by the Director
General, Provided, That the payment of the fine, stoppage of operations and/or closure of
such buildings, structures, and their premises or facilities shall not absolve the violator
from correcting the deficiency or abating the fire hazard. The decision of the Director
General, under this subsection, may be appealed to the Secretary of National Defense,
within fifteen (15) days from the date of receipt of the order imposing the administrative
fine, stopping the operations and/or closure. The decision of the Secretary of National
Defense shall be final and executory.

(b) PUNITIVE In case of willful failure to correct the deficiency or abate the fire hazard
as provided in the preceding subsection, the violator shall, upon conviction, be punished
by imprisonment of not less than six (6) months nor more than six (6) years, or by a fine
of not more than twenty thousand (P20,000.00) pesos or both such fine and
imprisonment; Provided, however, that in case of a corporation, firm, partnership or
association, the fine and/or imprisonment shall be imposed upon its officials responsible
for such violation, and in case the guilty party is an alien, in addition to the penalties
herein prescribed, he shall immediately be deported; Provided, finally, that were the
violation is attended by loss of life and/or damage to property, the violator shall be
proceeded against under the applicable provisions of the Revised Penal Code.

Section 13. Appropriation and Sources of Income.

(a) To support the manpower, infrastructure and equipment needs of the Fire Service of
the Integrated National Police, the sum of one hundred million (P100,000,000.00) pesos
is hereby appropriated. Thereafter, the same of such amount as may be necessary to attain
the objectives of the Fire Code shall be appropriated and included in the annual
appropriation of the Integrated National Police for the next ten (10) years.

(b) To partially provide for the funding of the Fire Service the following taxes and fees
which shall accrue to the General Fund of the National Government, are hereby imposed:

75
 REVIEW CENTER
(1) Fees to be charged for the issuance of certificates, permits and licenses as
provided for in Section 8 (a) hereof;

(2) One-tenth of one per centum (0.1%) of the verified estimated value of
buildings or structures to be erected, from the owner thereof, but not to exceed
fifty thousand (P50,000.00) pesos, one half to be paid prior to the issuance of the
building permit, and the balance, after final inspection and prior to the issuance of
the use and occupancy permit;

(3) One-hundredth of one per centum (0.10%) of the assessed value of buildings
or structures annually payable upon payment of the real estate tax, except on
structures used as single family dwellings;

(4) Two per centum (2%) of all premiums, excluding re-insurance premiums for
the sale of fire, earthquake and explosion hazard insurance collected by
companies, persons or agents licensed to sell such insurances in the Philippines;

(5) Two per centum (2%) of gross sales of companies, persons or agents selling
fire fighting equipment, appliances or devices, including hazard detection and
warning systems; and

(6) Two per centum (2%) of the service fees received from fire, earthquake, and
explosion hazard preinsurance surveys and post loss service of insurance
adjustment companies doing business in the Philippines directly through agents.

Section 14. Collection of Taxes, Fees and Fines. All taxes, fees and fines provided in Section 13
hereof, shall be collected by the City or Municipal Treasurer concerned for remittance to the
National Treasury.

Section 15. Separability Clause. If any provision of this Code or the application of such
provisions to any person or circumstance is declared unconstitutional, the remainder of the Code
or the application of such provision to other persons or circumstances shall not be affected by
such declaration.

Section 16. Repealing Clause. Provisions of Presidential Decree No. 442, otherwise known as
the Labor Code of the Philippines, as amended and Presidential Decree No. 1096, otherwise
known as the National Building Code and other laws, decrees, orders or regulations in conflict or
inconsistent with the provisions of this Fire Code are hereby repealed or modified accordingly.

Section 17. Effectivity. This Fire Code and its Rules and Regulations shall take effect thirty (30)
days after their publication in newspapers of general circulation.

Done in the City of Manila, this 26th day of August, in the year of Our Lord, nineteen hundred
and seventy-seven.

PRESIDENTIAL DECREE No. 1613 March 7, 1979

PRESIDENTIAL DECREE No. 1613

AMENDING THE LAW ON ARSON

WHEREAS, findings of the police and intelligence agencies of the government reveal that fires
and other crimes involving destruction in Metro Manila and other urban centers in the country
are being perpetrated by criminal syndicates, some of which have foreign connections;

76
 REVIEW CENTER
WHEREAS, the current law on arson suffers from certain inadequacies that impede the
successful enforcement and prosecution of arsonists;

WHEREAS, it is imperative that the high incidence of fires and other crimes involving
destruction be prevented to protect the national economy and preserve the social, economic and
political stability of the country;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of

the powers vested in me by the Constitution, do hereby order and decree as part of the law of the
land, the following:

Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished
by Prision Mayor.

The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.

Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or

combustible materials are stored.

2. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for

transportation of persons or property

4. Any building where evidence is kept for use in any legislative, judicial, administrative
or other official proceedings.

5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center,
public or private market, theater or movie house or any similar place or building.

6. Any building, whether used as a dwelling or not, situated in a populated or congested

area.

Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall
be imposed if the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;

4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest;

4. Any rice mill, sugar mill, cane mill or mill central; and

5. Any railway or bus station, airport, wharf or warehouse.

77
 REVIEW CENTER
Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall
be imposed in its maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or
more persons.

Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death
results, the penalty of Reclusion Perpetua to death shall be imposed.

Section 6. Prima Facie evidence of Arson. Any of the following circumstances shall constitute
prima facie evidence of arson:

1. If the fire started simultaneously in more than one part of the building or
establishment.

2. If substantial amount of flammable substances or materials are stored within the

building note necessary in the business of the offender nor for household us.

3. If gasoline, kerosene, petroleum or other flammable or combustible substances or

materials soaked therewith or containers thereof, or any mechanical, electrical, chemical,
or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing
are found in the ruins or premises of the burned building or property.

4. If the building or property is insured for substantially more than its actual value at the
time of the issuance of the policy.

4. If during the lifetime of the corresponding fire insurance policy more than two fires
have occurred in the same or other premises owned or under the control of the offender
and/or insured.

5. If shortly before the fire, a substantial portion of the effects insured and stored in a
building or property had been withdrawn from the premises except in the ordinary course
of business.

6. If a demand for money or other valuable consideration was made before the fire in
exchange for the desistance of the offender or for the safety of the person or property of
the victim.

Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by

Prision Mayor in its minimum period.

Section 8. Confiscation of Object of Arson. The building which is the object of arson including
the land on which it is situated shall be confiscated and escheated to the State, unless the owner
thereof can prove that he has no participation in nor knowledge of such arson despite the exercise
of due diligence on his part.

78
 REVIEW CENTER
Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the Revised Penal Code
and all laws, executive orders, rules and regulations, or parts thereof, inconsistent with the
provisions of this Decree are hereby repealed or amended accordingly.

Section 10. Effectivity. This Decree shall take effect immediately upon publication thereof at
least once in a newspaper of general circulation.

Done in the City of Manila, this 7th day of March, in the year of Our Lord, nineteen hundred and
seventy-nine.

DRUG EDUCATION and VICE-CONTROL

PERSONALITIES

 Chinese Emperor Shen Nung

Around 2,700 B.C, advocated the use of marijuana for certain stomach disorders.
 Hippocrates (4,000 B.C.)
Father of medicine
He recommended the use of juice of white poppy (opium), as treatment for a number of
sickness or as an elixir.
 Paracelus (1490-1541)
Introduces laudanum, as tincture of opium, into the practice of medicine.
 Louis Hebert (1609)

79
 REVIEW CENTER
He is the first one who harvested the first crops (cannabis hemp) that was sown by a
European on Canadian soil.
 Thomas Sydenham (1660’s)
English physician mixed opium with alcohol to produce laudanum the widely used Victorian
cure-all.
 John Rolf (1613)
The husband of the Indian princess Pocahontas, that sends the first shipment Virginia
Tobacco from Jamestown to England.”
 Czar Michael Federovitch
A Russian who executes anyone on whom tobacco is found. (17th Century) (IBID).
 Chinese-Ching Emperor (1729)
He banned the sale of opium.
 Napoleon’s Army (1800)
While returning from Egypt, introduces cannabis (hashish Marijuana) into France.
 Friedrich Wilhelm Adam Serturner (1805)
A German chemist isolated and describes morphine..
 Alexander Wood (1843)
Discovered the real hypodermic needle, known today as “syringe”. This discovery led to the
scientific break-through in the study of medicine.
 Adolf Jan Baever (1864)
A twenty-nine-year old assistant of Friedrich August Kekule (the discovery of the molecular
structure of benzene) in Ghent synthesizes barbituric acid, the first barbiturate.
 Friedrich Wilhelm Serturner (1866)
Between 1803-1805 he discovered morphine. Morphine was called as Morpheum-derived
from the Greek god of dreams. MORPHEUS.”(Morpheus-Morphium-Morphine.)
 Alder Wright (1874)
He discovered heroin.
 Dr. Theodor Aschenbrandt (1883)
A German army physician, secures a supply of pure cocaine from the pharmaceutical firm of
Merck, issues it to Bavarian Soldier during their maneuvers, and reports on the beneficial
effects of the drug I increasing the soldier’s ability to endure fatigue.
 Dr. Hamilton Wright (1910)
Considered by some the Father of U.S. anti-Narcotics Law, reports that American contractors
give cocaine to their Negro employees to get more work out of them.
First Commissioner of the Federal Bureau of Narcotics and former prohibitions agents.
 Albert Hoffman (1938)
A Swiss chemist who is the first one to synthesize LSD, he personally experiments to his
own body.
 Generalissimo Chang-Kai-Shek (1941)
Orders the completes suppressions of the poppy; laws are enacted providing the death
penalty for anyone guilty of cultivating the poppy, manufacturing opium, or offering it for
sale.
 Heinrish Dressen
Discovered this method of producing heroin from morphine in 1980’s. It was him who used
the term “HERO”, which means audacity.
 Sir Walter Raleigh
From England, he introduced the smoking of tobacco.

GLOBAL DRUG SCENE

The First Important Drug Traffic Route

Middle East – discovery, plantation, cultivation, harvest

Turkey – preparation for distribution

80
 REVIEW CENTER
Europe – manufacture
United States - marketing

3 primary sources of illegal drugs

1. Golden Triangle
a. Burma(Myanmar)
b. Laos
c. Thailand
*Second biggest producer of OPIUM worldwide

2.Golden Crescent
a. Iran
b. Afghanistan
c. Pakistan
d. India
*Major exporter of Heroin according to Drug Enforcement agency

3.Latin American Countries

a. Peru & Columbia-world’s biggest producer of cocaine.
b. Ecuador, Panama, Venezuela, El Salvador and Costa Rica-
cocaine suppliers worldwide.

OTHER SOURCES OF ILLEGAL DRUGS

1. Spain – major transshipment point for international drug traffickers in

Europe known as “the paradise of the drug users in Europe”.
2. South America – Columbia, Peru, Uruguay, and panama are the sources of
all cocaine supply ion the world.
3. Mexico – the number one producer of cannabis in the world.
4. Philippines – the major transshipment point for the worldwide distribution
of illegal drugs such as shabu and cocaine from Taiwan and South America. The second world’s
supplier of MJ and the drug paradise of drug abusers in Asia.
5. India – center of the world’s drug map, leading to rapid addiction among its
people.
6. Indonesia – Northern Sumatra has traditionally been the main cannabis
growing area in Indonesia. Bali Indonesia is an important transit point for drugs en route to
Australia and New Zealand.
7. Singapore, Malaysia, and Thailand – the most favorable sites of drug
distribution from the “golden Triangle” and other parts of Asia.
8. China – the transit route for heroin from “Golden Triangle” to H.K.
9. Hong Kong – the world’s transshipment point of all forms of heroin.
10. Japan – the major consumer of cocaine and shabu from U.S. and Europe.
NATIONAL:
 PHILIPPINES-the number 2 producer of marijuana worldwide and a major
transshipment point of Shabu.
LOCAL:
 CORDILLERA-the number 1 producer of marijuana in the region.

DRUG CHAIN

To have a good grasp of and a comprehensive framework for analyzing the nature and dynamics
of the drug menace, it should be conceptualized and viewed as a “Drug Chain”. It should be
links; namely: Production, Processing, Trafficking, Financing, Retailing and Consumption. Each

81
 REVIEW CENTER
link is made up of several nefarious activities and concomitant problems spread over vast
geographical areas.

The drug problem starts with the first link, which is PRODUCTION. This pertains to the
planting, growing and harvesting of plants, which are the sources of raw materials in the
manufacture of precursors and/or dangerous drugs; such as marijuana, ephedrine, coca and
opium poppy. The second link is PROCESSING which comes into play after harvesting the
plants in the Production link. TRAFFICKING is the third link, which pertains to the
surreptitious movement and delivery of dangerous drugs from the clandestine laboratories to the
wholesale markets.
The fourth link is FINANCING which pertains to the surreptitious movement and delivery of
dangerous drugs in big amount of cash. RETAILING is the fifth link which involved the
selling or “pushing” of drugs in small quantities to the end-users at the street or grass root level.
The six and last link is CONSUMPTION, which refers to the actual use of the drugs by the
end-users through injection, ingestion, inhalation or smoking.

ORGANIZED CRIME GROUPS BEHIND THE GLOBAL DRUG SCENE

Columbian Medellin Cartel
Founded during the 1980’s by Colombian drug lords in the name of Pablo
Escobar Gaviria and drug bosses Jose Ganzola Rodriguez Gacha and the top aid cocaine barons
Juan David and the Ochoa Brothers.
The Medellin Cartel is reputedly responsible for organizing world’s drug
trafficking network. The Columbian government succeeded in containing the Medellin Cartel,
which resulted in the death, surrender, and arrest of the people behind the organization. This
further resulted to the disbandment of the Cartel led to its downfall.

Cali Cartel
The downfall of the Columbian Medellin cartel is the rise of the call Cartel –
the newly emerged cocaine monopoly. Gilberto Rodriguez Orajuela – don Chepe – “the chess
player” heads the syndicated organization. Under him, the call cartel was considered the most
powerful criminal organization in the world.
The Cartel produces over 90% of cocaine in the world. Due to this, it was
called the best and the brightest of the modern underworld. “ They are professionals of he
highest order, intelligent, efficient, imaginative, and nearly impenetrable” – US – Drug
enforcement Agency.

The Chinese Triad

The Chinese Triad is also called the Chinese Mafia – the oldest and biggest
criminal organization in the world. It is believed to be the controller of the “Golden triangle”.

Drug Syndicates in the Philippines

The Binondo-based Chinese syndicate has been identified as the nucleus of

the Bamboo Gang is the influence of the Green Gang of the Chinese Triad while the 14k is the
newest among the triads families established only in 1947.
The syndicates are famously involved in marijuana cultivation and other drug
smuggling including drug manufacture.
Their most common modus operandi – posing as fishermens.

International Organized Groups

1. The Sicilian Mafia

-Called as the “Turkish Mafia” based from Italy, referred to as Kosha Nostra, preceded by
Jewish and Irish domination.
2. La Cosa Nostra

82
 REVIEW CENTER
-Originated in the U.S similar with the Turkish Mafia.
3. Chinese Triad
-China based operation that expanded throughout the world.
4. Yakuza
-Japanese-oriented syndicate.
5. Octopus Napolitan Camora
-The most notorious organized crime group in Europe.
6. Columbian Medellin Cartel
-Originated in South America, the most notorious drug syndicate in the world.
-Chief/Founder-Pablo Escobar Gaviria
-Drug Boss-Jose Carlo Rodriguez Gacha
7. Cali Cartel
-Influenced by the Medelin Cartel
-Chief/Founder-Gilberto Rodriguez Orejuela known as Don Chepe, whose nickname is “the
chess player.”

DRUG ABUSE JARGONS

“Opiate” - Narcotic
“On-the-nod/”Nodding” - the state produced by opiates like being suspended on the edge
of sleep.
“Mainline’/”to shoot” - injecting a drug into the vein
“A Hit” - the street slang for injection of drugs
“Work” - an apparatus for injecting a drug
“A Fix” - one injection of opiate
“Juni” -heroin
“Junkie” -an opiate addict
“Skin popping” - to inject a drug under the skin.
“A Bag” - a pocket of drug
“Cold Turkey” - the withdrawal effect that occurs after a repeated opiate
use.
“Track” - scars on the skin left from the repeated injection of opiate
“Overdose” - death occurs because the part of the brain that controls
breathing becomes paralyzed.
“Speed” - amphetamines
“Speed Freaks” - amphetamine addicts
“Uppers” - street slang for amphetamines
“Rush” - the beginning of a high
“High” - under the influence of drugs
“Coke” - street slang for cocaine
“Flashback” - user can be thrown back into the drug experience months
after the original use of the drug.
“Acid” - slang term for LSD
“Acid Head” - LSD user
“Drop” - taking drug orally
“Joint” - an MJ Cigar
“Roach” - butt end of a joint
“Stoned” - the intoxicating effect of a drug
“Trip” - the name for the reaction that is caused by drugs
“Head” - drug user
“Downer” - street slang for depressant

DRUG SITUATION IN THE PHILIPPINES

83
 REVIEW CENTER
In 1972, there were only about 20,000 drug users in the country almost all of them concentrated
in Metro-Manila. Marijuana was the preferred drug of abuse.

In 1999, there are 1.8 M regular users and 1.6 M occasional users. 1.2 M represent the youth.

In 2004, The Dangerous Drugs Board (DDB) estimates that there are about 6.8M users all over
the country.

1 in every 29 Filipinos aged 10 – 44 is on drugs.

More than 5, 000 drug patients in rehabilitation centers still increasing

70 % of brutal/ heinous crimes are drug related.

More than 20,000 drug cases per annum clog dockets of court “ justice delayed, justice
denied”

Unleveling of economic and political playing fields ( NARCO Economics and NARCO
Politics).

WHAT ARE DRUGS?

A drug, as defined, is a chemical substance used as a medicine or in making

medicines, which affects the body and mind and have potential for abuse. Without an advice or
prescription from a physician, drugs can be harmful.
A. Natural drugs- includes natural plant leaves, flowering tops, resin, hashish, opium and
marijuana.
B. Synthetic/Artificial drugs- produced by clandestine laboratories which include those
drugs that are controlled by law because they are used by medical practice.

DRUG CATEGORY

A. THE PRESCRIPTIVE DRUGS

These are drugs requiring written authorization from a doctor to allow a purchase.
They are prescribed according to the individual’s age, weight and height and should
not be taken by anyone else.

B. THE OVER – THE – COUNTER DRUGS (OTC)

These are non-prescription medicines, which may be purchased from any pharmacy
or drugstore without written authorization from a doctor. They are use to treat minor
and short term illnesses and any persistent condition should be immediately referred
to a physician.

C. VOLATILE SUBSTANCES
They are sometimes called solvents or Inhalants like glue, gasoline, ether, paint,
thinner etc.

 The “Self-medication Syndrome”

The “Self-medication” syndrome is found in users and would be users of drugs whose
sources of information are people or literature other than doctors, pharmacists and
health workers.

HOW DRUGS WORK?

84
 REVIEW CENTER
Most drugs act within a cell, rather than on the surface of the cell or in the
extra cellular fluids of the body. Similar to normal body chemicals, drug enters a cell and
participates in a few steps of the normal sequence of a cellular process. Thus drugs may either
interfere with or replace chemicals of normal cellular life, hopefully for the betterment of the
person. The actual action of a particular drug depends on chemical make-up.

Drug Dosage:
1. Minimal dose – amount needed to treat or heal that is, the smallest amount of a drug that
will produce a therapeutic effect.
2. Maximal dose – largest amount of a drug that will produce a desired therapeutic effect,
without any accompanying symptoms of toxicity.
3. Toxic dose – amount of drug that produces untoward effects or symptoms of poisoning.
4. Abusive dose – amount needed to produce the side effects and action desired by an
individual who improperly uses it.
5. Lethal dose – amount of drug that will cause death

HOW DRUGS ARE ADMINISTERED?

1. Oral – this is the safest most convenient and economical route whenever possible.
2. Injection – this form of drug administration offers a faster response than the oral method.
It makes use of a needle or other device to deliver the drugs directly into the body tissue
and blood circulation.
3. Inhalation – this route makes use of gaseous and volatile drugs, which are inhaled and
absorbed rapidly through the mucous of the respiratory tract.
4. Topical - this refers to the application of drugs directly to a body site such as the skin and
the mucous membrane.
5. Iontophoresis – the introduction of drugs into the deeper layers of the skin by the use of
special type of electric current for local effect.

THE CONCEPTS OF TOXICOLOGY

1. Overdose – When too much of a dug is taken, there maybe an over extension of its effects.
2. Allergy – Some drugs cause the release of histamines giving rise to allergic symptoms
such as dermatitis, swelling, fall in blood pressure, suffocation and death.
3. Idiosyncrasy – Unexplained reasons, morphine which sedates all men, stimulates and
renders women maniacal.
4. General Protoplasmic Poison Property – have the property of being general protoplasmic
poisons.
5. Side effects – Some drugs are not receptors of none organ but receptors f other organs as
well. The effect in the other organ may constitute a side effect, which is unwanted.

PHARMACOLOGICAL CLASSIFICATIONS OF DRUGS

A. The Depressants (Downers) - These are drugs which suppress vital body functions
especially those of the brains or central nervous system with the resulting impairment of
Judgment, hearing, speech and muscular coordination.

These are substances that slow down or depress the Central Nervous System. Depressant drugs
include alcohol, barbiturates and tranquillisers.

Narcotics

Narcotics – are drugs, which relieve pain and produce profound sleep or stupor. Medically, they
are potent painkillers.

85
 REVIEW CENTER
A narcotic is an addictive drug, derived from opium, that reduces pain, induces sleep and may
alter mood or behavior. The derivation of the word is from the Greek word narkotikos, meaning
"benumbing or deadening," and originally referred to a variety of substances that induce sleep
(such state is narcosis).

Opium
Opium – derived from a poppy plant – Papaver Somniferous popularly known as “gum”,
“Gamot” , “kalamay” or “panocha”.

Opium, or opïum is a narcotic analgesic drug which is obtained from the unripe seed pods of the
opium poppy (Papaver somniferum L. or the synonym paeoniflorum).

Depiction of opium smokers in an "opium den" in the East End of London, 1874.
Morphine

Morphine – most commonly used and best used opiate. Effective as a painkiller six times potent
than opium with a high dependence – producing potential.

The word "morphine" is derived from Morpheus, the god of dreams in Greek mythology.

Morphine was first isolated in 1804 by the German pharmacist Friedrich Wilhelm Adam
Sertürner (or Barnard Courtois), who named it "morphium" after Morpheus, the Greek god of
dreams. But it was not until the development of the hypodermic needle (1853) that its use spread.
It was used for pain relief, and as a "cure" for opium and alcohol addiction. Its extensive use
during the American Civil War allegedly resulted in over 400,000 sufferers from the "soldier's
disease" of morphine addiction, although critics believe this to be a highly erroneous and
misleading claim, pointing to the glaring lack of documented post-war cases[3].

Heroin

Heroin, also known as diamorphine (BAN) or diacetylmorphine (INN), is a semi-synthetic

opioid. It is also known under the street names "big h", "black tar", and "brown sugar". It is the
3,6-diacetyl derivative of morphine (hence diacetylmorphine) and is synthesised from it by
acetylation. The white crystalline form is commonly the hydrochloride salt, diacetylmorphine
hydrochloride. It has a high addiction potential, and frequent administration may cause a rapid
development of tolerance by the user, especially when compared to other substances, though
occasional use may not lead to symptoms of withdrawal.[1][2] Internationally, heroin is controlled
under Schedules I and IV of the Single Convention on Narcotic Drugs.[3] It is illegal to
manufacture, possess, or sell heroin in the United States; however, under the name
diamorphine, heroin is a legal prescription drug in the United Kingdom. Popular street names
for heroin include chiva, diesel, smack, bag, skag, heron, black tar, horse, junk, jenny, brown,
brown sugar, dark, Dope, and H.

Heroin – is three to five times more powerful than Morphine from which it is derived and the
most addicting opium derivative.

Methadone

Methadone is another μ-opioid agonist most often used to substitute for heroin in treatment for
heroin addiction. Compared to heroin, methadone is well (but slowly) absorbed by the
gastrointestinal tract and has a much longer duration of action of approximately 24 hours. Thus
methadone maintenance avoids the rapid cycling between intoxication and withdrawal associated
with heroin addiction. In this way, methadone has shown some success as a "less harmful
substitute"; despite bearing about the same addiction potential as heroin, it is recommended for
those who have repeatedly failed to complete withdrawal or have recently relapsed. As of 2005,

86
 REVIEW CENTER
the μ-opioid agonist buprenorphine is also being used to manage heroin addiction, being a
superior, though still imperfect and not yet widely known alternative to methadone. Methadone,
since it is longer-acting, produces withdrawal symptoms that appear later than with heroin, but
usually last considerably longer and can in some cases be more intense. Methadone withdrawal
symptoms can potentially persist for over a month, compared to heroin where significant
physical symptoms would subside by 4 days.

Two opioid antagonists are known: naloxone and the longer-acting naltrexone. These two
medications block the effects of heroin, as well as the other opioids at the receptor site. Recent
studies have suggested that the addition of naloxone and naltrexone may improve the success
rate in treatment programs when combined with the traditional therapy.

Codeine

Used for its analgesic, antitussive and antidiarrheal properties. It is marketed as the salts codeine
sulfate and codeine phosphate. Codeine hydrochloride is more commonly marketed in
continental Europe and other regions.

Codeine is an alkaloid found in opium in concentrations ranging from 0.3 to 3.0 percent.
While codeine can be extracted from opium, most codeine is synthesized from morphine
through the process of O-methylation.

Codeine – a derivative morphine, commonly available in cough preparations.

Indications

Approved indications for codeine include:

 Cough, though its efficacy has been disputed.

 Diarrhea
 Moderate to severe pain

Codeine is sometimes marketed in combination preparations with paracetamol (acetaminophen)

as co-codamol (best known as Tylenol 3), with aspirin co-codaprin or with ibuprofen. These
combinations provide greater pain relief than either agent used alone (q.v. Drug Synergy).

Demerol

Demerol may be habit forming. Physical and/or psychological dependence can occur, and
withdrawal effects are possible if the medication is stopped suddenly after prolonged or high-
dose treatment. Do not stop taking Demerol suddenly without first talking to your doctor if you
have been taking it continuously for more than 5 to 7 days. Your doctor may want to gradually
reduce the dose.

Demerol may increase the effects of other drugs that cause drowsiness, including other pain
relievers, alcohol, antihistamines, sedatives (used to treat insomnia), antidepressants, anxiety
medicines, and muscle relaxants. Tell your doctor about all medicines that you are taking, and do
not take any medicine without first talking to your doctor.

Methadone

Methadone is a synthetic opioid, used medically as an analgesic and in the treatment of narcotic
addiction. It was first brought to market by the pharmaceutical company Eli Lilly and Company.

Methadone/dolophine, was first synthesized in 1937 by German scientists Max Bockmühl and
Gustav Ehrhart at IG Farben (Hoechst-Am-Main) during their search for an analgesic that would

87
 REVIEW CENTER
be easier to use during surgery (and less potentially addictive, post-op) than morphine.
Methadone is a Schedule II drug under the Single Convention on Narcotic Drugs.

Seconal®/ Secobarbital

Secobarbital (marketed by Eli Lilly and Company under the brand names Seconal® and
Tuinal) is a barbiturate derivative drug. It possesses anaesthetic, anticonvulsant, sedative and
hypnotic properties. In the United Kingdom, it is known as Quinalbarbitone.

Inhalants

Inhalants are breathable chemical vapors that produce psychoactive (mind-altering) effects. A
variety of products common in the home and in the workplace contain substances that can be
inhaled. Many people do not think of these products, such as spray paints, glues, and cleaning
fluids, as drugs because they were never meant to be used to achieve an intoxicating effect. Yet,
young children and adolescents can easily obtain them and are among those most likely to abuse
these extremely toxic substances.
Volatile Solvents – gaseous substances popularly known to abusers as “gas”, “teardrops”

Inhalants fall into the following categories:

Volatile Solvents
 Industrial or household solvents or solvent-containing products, including paint
thinners or removers, degreasers, dry-cleaning fluids, gasoline, and glue
 Art or office supply solvents, including correction fluids, felt-tip-marker fluid,
and electronic contact cleaners

Aerosols

 Household aerosol propellants and associated solvents in items such as spray

paints, hair or deodorant sprays, fabric protector sprays, aerosol computer
cleaning products, and vegetable oil sprays

Gases

 Gases used in household or commercial products, including butane lighters and

propane tanks, whipping cream aerosols or dispensers (whippets), and refrigerant
gases
 Medical anesthetic gases, such as ether, chloroform, halothane, and nitrous oxide
("laughing gas")

Nitrites

 Organic nitrites are volatiles that include cyclohexyl, butyl, and amyl nitrites,
commonly known as "poppers." Amyl nitrite is still used in certain diagnostic
medical procedures. Volatile nitrites are often sold in small brown bottles labeled
as "video head cleaner," "room odorizer," "leather cleaner," or "liquid aroma."

Tranquillizer

Tranquillizer, common name applied to a class of drugs used to treat anxiety and insomnia.

88
 REVIEW CENTER
Originally the term comprised two groups: the major tranquillizers—the phenothiazines, such as
chlorpromazine (largactil)—useful in the treatment of acutely ill psychotic patients; and the
minor tranquillizers—the benzodiazepines, such as diazepam (Valium). By popular usage, the
term now refers only to the latter group; the former group is now known as antipsychotics. In the
early 1980s, the benzodiazepines were the most frequently prescribed drugs in the world.
Although they are useful for relief of temporary anxiety and insomnia, they are recommended for
short-term use only. Taking copious amounts of these substances at the same time as alcohol can
lead to coma or even death. Long-term administration of the benzodiazepines can cause drug
dependence, with typical withdrawal symptoms ranging from nightmares to convulsions when
the drug intake is stopped.

Paregoric
Paregoric – a tincture of opium in combination with camphor. Commonly used as a household
remedy for diarrhea and abdominal pain.
Alcohol, term applied to members of a group of chemical compounds that contain the OH group.
Also commonly used to refer to the specific compound ethyl alcohol, or ethanol. The word is
derived from the Arabic al-kuhl, or kohl, a fine powder of antimony used as an eye makeup. The
word alcohol originally denoted any fine powder, but the alchemists of medieval Europe later
applied it to essences obtained by distillation, and this led to the current usage.

Alcohol
Alcohol – the king of all drugs with potential for abuse, most widely used, socially accepted
and most extensively legalized drug throughout the world.

Alcohol, term applied to members of a group of chemical compounds that contain the OH group.
Also commonly used to refer to the specific compound ethyl alcohol, or ethanol. The word is
derived from the Arabic al-kuhl, or kohl, a fine powder of antimony used as an eye makeup. The
word alcohol originally denoted any fine powder, but the alchemists of medieval Europe later
applied it to essences obtained by distillation, and this led to the current usage.

Alcohols have one, two, or three hydroxyl, -OH, groups attached to their molecules and are thus
classified as monohydric, dihydric, or trihydric, respectively. Methanol and ethanol are
monohydric alcohols. Alcohols are further classified as primary, secondary, or tertiary, according
to whether one, two, or three other carbon atoms are bound to the carbon atom to which the
hydroxyl group is bound. Alcohols are characterized by many common reactions, the most
important of which is the reaction with acids to form substances called esters, which are
analogous to inorganic salts. Alcohols are normal by-products of digestion and chemical
processes within cells, and are found in the tissues and fluids of animals and plants.

Barbiturate

Barbiturate, any of a group of drugs that depress brain function. Barbiturates are derived from
barbituric acid (C4H4N2O3), a combination of urea and malonic acid.

Depending on the dosage or formulation, barbiturates have a sedative (tranquillizing), hypnotic

(sleep-inducing), anticonvulsant, or anaesthetic effect. Very short-acting barbiturates are injected
intravenously to induce rapid anaesthesia before surgery. Phenobarbitone, a long-acting
barbiturate, is prescribed with other medicines to prevent epileptic seizures. Other barbituric-acid
derivatives were used as anti-anxiety medications until the development of the tranquillizer; they
are only used for short-term treatment of severe insomnia, as they have a high risk of toxic
effects, tolerance leading to addiction, and adverse effects on the liver. Tranquillizers and new
preparations are more suitable sleep inducers. However, none of these sleep-inducing drugs are
for long-term use.

89
 REVIEW CENTER
Stimulants (Uppers)
Any of a group of drugs that excite the central nervous system, increase alertness, and alleviate
fatigue.

Amphetamine

Amphetamine (alpha-methyl-phenethylamine), also known as speed or crank, is a stimulant,

and club drug, used to diminish the appetite, control weight, and treat disorders including
narcolepsy and attention-deficit hyperactivity disorder. It is also used recreationally and for
performance enhancement (these uses are illegal in some countries).

Illicit production and use of amphetamines occurs on a widescale basis in several European
nations, typically in the form of amphetamine sulfate synthesized from phenylpropanolamine. In
addition, because of the widespread use of amphetamines as a treatment for narcolepsy and
ADD/ADHD, prescription amphetamines are subject to diversion and are one of the most
frequently-abused drugs in high schools and colleges.

Methamphetamine /Shabu

Methamphetamine is a powerful stimulant that activates certain systems in the brain. It is closely
related chemically to amphetamine, but the central nervous system effects of methamphetamine
are greater. Both drugs have some medical uses, primarily in the treatment of obesity, but their
therapeutic use is limited.

The central nervous system (CNS) actions that result from taking even small amounts of
methamphetamine include increased wakefulness, increased physical activity, decreased
appetite, increased respiration, hypothermia, and euphoria. Other CNS effects include irritability,
insomnia, confusion, tremors, convulsions, anxiety, paranoia, and aggressiveness. Hyperthermia
and convulsions can result in death.

Cocaine

Cocaine- alkaloid obtained from leaves of the coca plant and used medically as a local
anesthetic. It is also widely abused as a drug. Native Americans of the Inca Empire chewed coca
leaves to obtain mild euphoria, stimulation, and alertness. The drug was first isolated in 1855 and
came to be used widely as a local anesthetic in minor surgery. At present, local anesthetics with
less abuse potential, such as lidocaine, are commonly used instead.

Three forms of cocaine

A. Cocaine Hydrochloride: Fine white crystal like powder which can be sniffed through the nose.
B. Free Base: Purified substance of Cocaine HCL usually injected or smoked.
C. Coca paste: Crude products from coca leaves which is processed by smoke. It is dangerous for
it contains oezin and paraffin.

Crack Cocaine, smokeable form of cocaine that is a powerfully addictive stimulant that directly
affects the brain.
Cocaine is one of the oldest known drugs. The pure chemical, cocaine hydrochloride, has been
an abused substance since the late 19th century, and coca leaves, the source of cocaine, have
been ingested for thousands of years. Approximately 100 years after cocaine entered into use, a
new variation of the substance emerged. This substance, crack, became enormously popular in
the mid-1980s due in part to its almost immediate high and the fact that it is inexpensive to
produce and buy.

90
 REVIEW CENTER
Caffeine

Caffeine, an alkaloid (C8H10O2N4·H2O) found in coffee, tea, cacao, and some other plants. It is
also present in most cola beverages. Caffeine was discovered in coffee in 1820. In 1838 it was
established that theine, discovered in tea in 1827, is identical to caffeine. The drug increases the
blood pressure, stimulates the central nervous system, promotes urine formation, and stimulates
the action of the heart and lungs. Caffeine is used in treating migraine because it constricts the
dilated blood vessels and thereby reduces the pain. It also increases the potency of analgesics
such as aspirin, and it can somewhat relieve asthma attacks by widening the bronchial airways.
Caffeine is produced commercially chiefly as a by-product in making caffeine-free coffee.

Nicotine

Nicotine is an alkaloid found in the nightshade family of plants (Solanaceae), predominantly in

tobacco, and in lower quantities in tomato, potato, eggplant (aubergine), and green pepper.
Nicotine alkaloids are also found in the leaves of the coca plant. Nicotine constitutes 0.3 to 5%
of the tobacco plant by dry weight, with biosynthesis taking place in the roots, and accumulates
in the leaves. It is a potent neurotoxin and is included in many insecticides.

In lower concentrations, the substance acts as a stimulant and is one of the main factors
responsible for the dependence-forming properties of tobacco smoking.

Nicotine-an active component that acts as powerful stimulant to CNS. A drop of pure nicotine
can kill a person.

As nicotine enters the body, it is distributed quickly through the bloodstream and can cross the
blood-brain barrier. On average it takes about seven seconds for the substance to reach the brain.
The half life of nicotine in the body is around 2 hours.

The Hallucinogens(Psychedelics)

The Hallucinogens(Psychedelics)- Hallucinogen, any one of a large number of natural or

synthetic psychoactive drugs that produce marked distortions of the senses and changes in
perception. Hallucinogens generally alter the way time is perceived, making it appear to slow
down.
Marijuana

Common name for a drug made from the dried leaves and flowering tops of the Indian hemp
plant Cannabis sativa (see Cannabis). People smoke, chew, or eat marijuana for its
hallucinogenic and intoxicating effects. It is known by a number of slang names, including “pot,”
“grass,” “reefer,” “weed,” and “Mary Jane.”

A plant native to Central Asia that is considered to be the most widely used illegal drug in the
world, and is the third most commonly consumed drug after alcohol and tobacco.Cannabis sativa
is the plant that marijuana, hashish, and hash oil comes from. The leaves and flowers can be
dried and smoked, baked into foods, or used to make tea. Cannabis is known by many names,
including grass, pot, dope, ganja, green, hash, and mary jane.

There are many types or strains of marijuana, however they basically fit into two categories;
Indica and Sativa. As a rule of thumb, generally Indicas tend to be shorter, stockier plants with
smaller, denser and smellier buds. Indicas also flower much faster than Sativas, usually with a 6-
9 week flowering period. Sativas will grow taller and generally much bigger. Buds will also be
bigger but less dense. Sativa buds will also be less smelly and take longer to flower than Indicas,
usually 9-10 weeks.

91
 REVIEW CENTER
Sinsemilla (sin-seh-me-yah; it’s a Spanish word), hashish (“hash” for short), and hash oil are
stronger forms of marijuana.

All forms of marijuana are mind-altering (psychoactive). In other words, they change how the
brain works. They all contain THC (delta-9-tetrahydrocannabinol), the main active chemical in
marijuana. They also contain more than 400 other chemicals. Marijuana’s effects on the user
depend on it’s strength or potency, which is related to the amount of THC it contains(5). The
THC content of marijuana has been increasing since the 1970s. For the year 2006, most
marijuana contained, on average, 7 percent THC. Most users roll loose marijuana into a cigarette
(called a joint or a nail) or smoke it in a pipe or water pipe, sometimes referred to as a bong.
Some users mix marijuana into foods or use it to brew a tea. Another method is to slice open
a cigar and replace the tobacco with marijuana, making what's called a blunt. Marijuana
cigarettes or blunts sometimes contain other substances as well including crack cocaine.

CLASSIFICATION OF MARIJUANA
A. Vietnam Green – coming from SEA; twice as potent than those grown in US
B. Acapulco Gold – Grown in Southern Mexico;
may contain 2-4 % THC.
C.Panama Red – strongest of all

SPECIAL PREPARATIONS OF MJ
1. Hashish – pure resin coming from tops, leaves, stem of the plant. Smoked in tobacco pipe.
It is the most potent of all cannabis preparations.
2. Bhang – from dried leaves and shoots added to beverage. Least potent
3. Ganja – from the female plant. Mixed in tobacco.
4. Majun – mixed with flour, butter and sugar. Sometimes added with dhatura seeds to
increase potency.
5. Reefers – Dried leaves and stems are made into cigarettes and smoked.
Ingestion – 45 – 60 minutes onset
Rapid elimination fro blood during the first 40 min and much slower in the next 24 hours
4. Majun – mixed with flour, butter and sugar. Sometimes added with dhatura seeds to
increase potency.
5. Reefers – Dried leaves and stems are made into cigarettes and smoked.
Ingestion – 45 – 60 minutes onset
Rapid elimination fro blood during the first 40 min and much slower in the next 24 hours

Lysergic Acid Diethylamide (LSD)

Potent hallucinogenic drug, also called a psychedelic first synthesized from lysergic acid in
Switzerland in 1938. Lysergic acid is a component of the mold of ergot, a fungus that forms on
rye grain. The drug evokes dreamlike changes in mood and thought and alters the perception of
time and space. It can also create a feeling of lack of self-control and extreme terror. Physical
effects include drowsiness, dizziness, dilated pupils, numbness and tingling, weakness, tremors,
and nausea.

Peyote/Mescaline
Common name for a small, spineless, turnip-shaped cactus, native to Mexico and the
southwestern United States. The grayish, mushroom-shaped tops, called peyote or mescal
buttons, yield nine alkaloids, of which mescaline is the principal active agent. The dried buttons
are eaten, brewed into a tea, or powdered and packaged in capsules. The mescaline in these
preparations alters perception, producing vivid color hallucinations, inaccurate estimation of
time, and a feeling of anxiety.

Mescaline is a naturally occurring psychedelic found in several cactus species, most notably,
Peyote(Lophophora williamsii) and San Pedro (Trichocereus pachanoi). Several other members
of the trichocereus family also contain mescaline.

92
 REVIEW CENTER

Psilocybin
Psilocybin is a hallucinogenic substance obtained from certain types of mushrooms that are
indigenous to tropical and subtropical regions of South America, Mexico, and the United States.

The Aztecs thought that hallucinations had religious significance and were important in tribal
rites. In fact the drug was considered so important that it was called "God's Flesh". These
mushrooms typically contain 0. 2 to 0.4 percent psilocybin and a trace amount of psilocyn,
another hallucinogenic substance. Both psilocybin and psilocyn can be produced synthetically,
but law enforcement reporting currently does not indicate that this is occurring.

It is produced by hundreds of species of fungi, including those of the genus Psilocybe, such

as Psilocybe cubensis, Psilocybe semilanceata andPsilocybe cyanescens, and has also been
reportedly isolated from about a dozen other genera. Collectively known as psilocybin
mushrooms, these are commonly called "boomers," "sacred mushrooms," "magic mushrooms,"
or more simply "'shrooms." 

Morning glory seeds

The seeds of several varieties of Morning Glory (Ipomoea violacea) contain a naturally occurring
indole called Lysergic Acid Amide (LSA), which is closely related to LSD. Seeds are taken
orally, and can be eaten whole or the active alkaloids can be extracted. The most common active
varieties of seeds are Heavenly Blue, Pearly Gates, and Flying Saucers.

Like LSD, LSA acts as a "psychedelic" or "hallucinogen" which can have strong mental effects.
Threshold effects of LSA can be reached with as few as 25-50 seeds, though most recreational
users find it necessary to ingest between 100 and 400 seeds to reach desired effects. Morning
Glory seeds called tlitlitzin were used ritually by the Aztec for their psychoactive properties.
Spanish chroniclers in the mid 16th century reported on the divinitory use of these seeds. Their
use has continued in southern Mexico, although it wasn't until about 1900 that tlitlitzin was
identified botanically as Morning Glory.

Because use is oral, onset is affected by the last food that was ingested. On a relatively empty
stomach, onset of effects is about an hour after ingestion, although it can be many hours before
peak effects are reached. Primary effects last 6-10 hours when seeds are taken orally.

Phencyclidine (PCP)
General anesthetic that has become a major drug of abuse because of its potent psychological
and behavioral effects. Introduced in the 1950s as a relatively nontoxic animal anesthetic, PCP
has harsh side effects that make it unsuitable for anesthesia in humans. Within a few years,
however, illegal PCP was sold as a substitute and adulterant for such hallucinogens as lysergic
acid diethylamide (LSD), mescaline, and tetrahydrocannabinol (THC). Customary users of other
hallucinogens usually did not like the severe psychological effects of PCP; it became popular
among teenagers in the 1970s, however, under such street names as “angel dust” and “hog.”

Scientific name is : Phenylcyclohexylpiperidine

Also known as angel dust and other street names, is a recreational, dissociative drug formerly
used as an anesthetic agent, exhibiting hallucinogenic and neurotoxic effects. Phencyclidine
(PCP) was developed in the 1950s as an intravenous anesthetic but, due to the side effects of
confusion and delirium, its development for human medical use was discontinued. Developed in
1926, it was first patented in 1952 by the Parke-Davis pharmaceutical company and marketed
under the brand name Sernyl.

Amanita Muscaria

93
 REVIEW CENTER
Psychoactive Amanitas are mushrooms which contain the psychoactive chemicals ibotenic acid
and muscimol. They have a long history of use in Asia and Northern Europe. They are best
known for their distinctive appearance (bright reds and yellows with white spots).There are many
species of mushrooms in the Amanita genus which are not psychoactive. Some are deadly
poisonous while others are edible.

Datura
Datura is a genus of nine species of vespertine flowering plants belonging to the family
Solanaceae. The word datura comes from the Hindi Dhatūrā (thorn apple); record of this name
dates back to 1662 (OED).

Common names include Thorn Apple (from the spiny fruit), Pricklyburr (similarly), Jimson
Weed, Moonflower, Hell's Bells, Devil's Weed, Devil's Cucumber, and Devil's Trumpet, (from
their large trumpet-shaped flowers). Nathaniel Hawthorne refers to one type in The Scarlet Letter
as Apple-Peru. In Mexico, its common name is "Toloache".

Due to the potent combination of anticholinergic substances it contains, Datura intoxication

typically produces effects similar to that of an anticholinergic delirium (as contrasted to
hallucination): a complete inability to differentiate reality from fantasy; hyperthermia;
tachycardia; bizarre, and possibly violent behavior; and severe mydriasis with resultant painful
photophobia that can last several days. Pronounced amnesia is another commonly reported
effect. No other substance has received as many "train wreck" (i.e., severely negative experience)
reports as has Datura.

Brugsmansia
Brugmansia is a genus of seven species of flowering plants in the family Solanaceae, native to
subtropical regions of South America, along the Andes from Colombia to northern Chile, and
also in southeastern Brazil. They are known as Angel's Trumpets, sharing that name with the
closely related genus Datura. Brugmansia are long-lived, woody trees or bushes, with pendulous,
not erect, flowers, that have no spines on their fruit. Datura species are herbaceous bushes with
erect (not pendulous) flowers, and most have spines on their fruit.

The name Angel's Trumpet refers to the large, very dramatic, pendulous trumpet-shaped flowers,
14–50 cm to 20 inches long and 10–35 cm across at the wide end. They are white, yellow, pink,
orange or red, and have a delicate, attractive scent with light, lemony overtones, most noticeable
in early evening. Flowers may be single or double. As with Datura, all parts of Brugmansia are
highly toxic. The plants are sometimes ingested for recreational or shamanic intoxication as the
plant contains the tropane alkaloids scopolamine and atropine; however because the potency of
the toxic compounds in the plant is variable, the degree of intoxication is unpredictable and can
be fatal.

HOW ADDICTION IS ACQUIRED

1. People have generally different motivation in life. The young ones are very much adventurous
and some of them have strong attraction in drug-taking because these “Space” belongs to them
so to speak. Thus, the “IN” thing these days are drugs. To see drug abusers around seemed to be
common sight;
2.Through association
3.Experimentation
4.Inexperienced doctors

Likewise, addiction may have been spawned by the following effect of drug taking;
a. HABITUATION – Procedure has become fixed through constant repetition and
closely related to the euphoric effect of the drugs (relief pain of emotional)

94
 REVIEW CENTER
b. TOLERATION – Minimizing effect in repetition in the same days of the drug
over a period of time, or conversely, necessity to increase the dose to obtain an
effect equivalent to the original dose.
c. DEPENDENCE – Altered physiological state brought by the repeated
administration of the drug which necessitation the continued use of the drug to
prevent the occurrence of character illness which is termed absence syndrome
(withdrawal)

CAUSES OF DRUG ABUSE

1. Children of broken home easily join the fad as substitutes to their lost family solidarity.
2. Too strict and over protectiveness of parents.
3. For curiosity – eagerness to know what they have not experienced
4. To assert independence.
5. To rebel from parental authority.
6. To prove their guts.
7. To escape problems
8. Peer pressure of BARKADA and for the sake of PAKIKISAMA.
9. They believe that drug can give deeper insights.
10.The belief that medicines can magically solve problems
11.The easy access to drug or various sort in an affluent society.
12.The enjoyment of euphoria or excitement induced by drugs.
13.The search for sharpened perception and high perception and creativity which some
person believe they obtained drugs.
14.The belief that they are just taking it like alcohol
15.The dissatisfaction or the disillusion of lost of faith in the prevailing system.
16.The tendency of persons with psychological problems to seed easily solution with
chemicals.
17.The statement of proselytizers who proclaim the goodness of drugs.
18.Slum condition the most critical for the slum dweller is often deprived of emotional
support.

HOW TO IDENTIFY A DRUG ABUSER

Based on the lecture of U.S. expert doctor of medicine, forensic chemist at the
London International Police Academy usually detects drug abusers without to much trouble by
means of the following;
1. Presence of hypodermic needle or tracks on arms and on various parts of the body. The
armed are kept covered.
2. Pinpoint pupils, watery eyes – when addict, is apparently normal they are contracted
when in need of drugs, they are dilated when using synthetics or cocaine.
3. Urinalysis
4. Pallor – (prison pallor – ashen) sallow complexion
5. Gait – they walk with a stoop
6. Withdrawal Symptoms – they show abstinence syndrome from either slight – moderate –
severe.

The profile of an addict or drug abuser in our country is knowing his demographic character.
Majority are in the: 25 – 29 age bracket
Mean age : 27 years old
Ratio of male to female : 10 : 1
Civil Status : 54.40% (single)
Education : 27.58% (HS level)
Gainful Occupation:
laborers & unskilled workers - 21.28%
unemployed - 38.19%
Ave. monthly family income : Php 13,063.13

95
 REVIEW CENTER
Place of residence: Urban (Specifically NCR)

REHABILITATION PROCESS

Treatment Approaches for Drug Addiction

Drug addiction is a complex illness characterized by intense and, at times, uncontrollable drug
craving, along with compulsive drug seeking and use that persist even in the face of devastating
consequences. While the path to drug addiction begins with the voluntary act of taking drugs,
over time a person's ability to choose not to do so becomes compromised, and seeking and
consuming the drug becomes compulsive. This behavior results largely from the effects of
prolonged drug exposure on brain functioning. Addiction is a brain disease that affects multiple
brain circuits, including those involved in reward and motivation, learning and memory, and
inhibitory control over behavior.

Because drug abuse and addiction have so many dimensions and disrupt so many aspects of an
individual's life, treatment is not simple. Effective treatment programs typically incorporate
many components, each directed to a particular aspect of the illness and its consequences.
Addiction treatment must help the individual stop using drugs, maintain a drug-free lifestyle, and
achieve productive functioning in the family, at work, and in society. Because addiction is
typically a chronic disease, people cannot simply stop using drugs for a few days and be cured.
Most patients require long-term or repeated episodes of care to achieve the ultimate goal of
sustained abstinence and recovery of their lives.

Principles of Effective Treatment

Scientific research since the mid–1970s shows that treatment can help patients addicted to drugs
stop using, avoid relapse, and successfully recover their lives. Based on this research, key
principles have emerged that should form the basis of any effective treatment programs:

 Addiction is a complex but treatable disease that affects brain function and behavior.
 No single treatment is appropriate for everyone.
 Treatment needs to be readily available.
 Effective treatment attends to multiple needs of the individual, not just his or her drug
abuse.
 Remaining in treatment for an adequate period of time is critical.
 Counseling—individual and/or group—and other behavioral therapies are the most
commonly used forms of drug abuse treatment.
 Medications are an important element of treatment for many patients, especially when
combined with counseling and other behavioral therapies.
 An individual's treatment and services plan must be assessed continually and modified as
necessary to ensure that it meets his or her changing needs.
 Many drug–addicted individuals also have other mental disorders.
 Medically assisted detoxification is only the first stage of addiction treatment and by
itself does little to change long–term drug abuse.
 Treatment does not need to be voluntary to be effective.
 Drug use during treatment must be monitored continuously, as lapses during treatment do
occur.
 Treatment programs should assess patients for the presence of HIV/AIDS, hepatitis B and
C, tuberculosis, and other infectious diseases as well as provide targeted risk–reduction
counseling to help patients modify or change behaviors that place them at risk of
contracting or spreading infectious diseases.

96
 REVIEW CENTER
Effective Treatment Approaches

Medication and behavioral therapy, especially when combined, are important elements of an
overall therapeutic process that often begins with detoxification, followed by treatment and
relapse prevention. Easing withdrawal symptoms can be important in the initiation of treatment;
preventing relapse is necessary for maintaining its effects. And sometimes, as with other chronic
conditions, episodes of relapse may require a return to prior treatment components. A continuum
of care that includes a customized treatment regimen—addressing all aspects of an individual's
life, including medical and mental health services—and follow–up options (e.g., community – or
family-based recovery support systems) can be crucial to a person's success in achieving and
maintaining a drug–free lifestyle.

Medications

Medications can be used to help with different aspects of the treatment process.

Withdrawal. Medications offer help in suppressing withdrawal symptoms during detoxification.

However, medically assisted detoxification is not in itself "treatment"—it is only the first step in
the treatment process. Patients who go through medically assisted withdrawal but do not receive
any further treatment show drug abuse patterns similar to those who were never treated.

Treatment. Medications can be used to help reestablish normal brain function and to prevent
relapse and diminish cravings. Currently, we have medications for opioids (heroin, morphine),
tobacco (nicotine), and alcohol addiction and are developing others for treating stimulant
(cocaine, methamphetamine) and cannabis (marijuana) addiction. Most people with severe
addiction problems, however, are polydrug users (users of more than one drug) and will require
treatment for all of the substances that they abuse.

 Opioids: Methadone, buprenorphine and, for some individuals, naltrexone are effective
medications for the treatment of opiate addiction. Acting on the same targets in the brain
as heroin and morphine, methadone and buprenorphine suppress withdrawal symptoms
and relieve cravings. Naltrexone works by blocking the effects of heroin or other opioids
at their receptor sites and should only be used in patients who have already been
detoxified. Because of compliance issues, naltrexone is not as widely used as the other
medications. All medications help patients disengage from drug seeking and related
criminal behavior and become more receptive to behavioral treatments.
 Tobacco: A variety of formulations of nicotine replacement therapies now exist—
including the patch, spray, gum, and lozenges—that are available over the counter. In
addition, two prescription medications have been FDA–approved for tobacco addiction:
bupropion and varenicline. They have different mechanisms of action in the brain, but
both help prevent relapse in people trying to quit. Each of the above medications is
recommended for use in combination with behavioral treatments, including group and
individual therapies, as well as telephone quitlines.
 Alcohol: Three medications have been FDA–approved for treating alcohol dependence:
naltrexone, acamprosate, and disulfiram. A fourth, topiramate, is showing encouraging
results in clinical trials. Naltrexone blocks opioid receptors that are involved in the
rewarding effects of drinking and in the craving for alcohol. It reduces relapse to heavy
drinking and is highly effective in some but not all patients—this is likely related to
genetic differences. Acamprosate is thought to reduce symptoms of protracted
withdrawal, such as insomnia, anxiety, restlessness, and dysphoria (an unpleasant or
uncomfortable emotional state, such as depression, anxiety, or irritability). It may be
more effective in patients with severe dependence. Disulfiram interferes with the
degradation of alcohol, resulting in the accumulation of acetaldehyde, which, in turn,
produces a very unpleasant reaction that includes flushing, nausea, and palpitations if the

97
 REVIEW CENTER
patient drinks alcohol. Compliance can be a problem, but among patients who are highly
motivated, disulfiram can be very effective.

Behavioral Treatments

Behavioral treatments help patients engage in the treatment process, modify their attitudes and
behaviors related to drug abuse, and increase healthy life skills. These treatments can also
enhance the effectiveness of medications and help people stay in treatment longer. Treatment for
drug abuse and addiction can be delivered in many different settings using a variety of
behavioral approaches.

Outpatient behavioral treatment encompasses a wide variety of programs for patients who
visit a clinic at regular intervals. Most of the programs involve individual or group drug
counseling. Some programs also offer other forms of behavioral treatment such as—

 Cognitive–behavioral therapy, which seeks to help patients recognize, avoid, and cope
with the situations in which they are most likely to abuse drugs.
 Multidimensional family therapy, which was developed for adolescents with drug abuse
problems—as well as their families—addresses a range of influences on their drug abuse
patterns and is designed to improve overall family functioning.
 Motivational interviewing, which capitalizes on the readiness of individuals to change
their behavior and enter treatment.
 Motivational incentives (contingency management), which uses positive reinforcement to
encourage abstinence from drugs.

Residential treatment programs can also be very effective, especially for those with more
severe problems. For example, therapeutic communities (TCs) are highly structured programs in
which patients remain at a residence, typically for 6 to 12 months. TCs differ from other
treatment approaches principally in their use of the community—treatment staff and those in
recovery—as a key agent of change to influence patient attitudes, perceptions, and behaviors
associated with drug use. Patients in TCs may include those with relatively long histories of drug
addiction, involvement in serious criminal activities, and seriously impaired social functioning.
TCs are now also being designed to accommodate the needs of women who are pregnant or have
children. The focus of the TC is on the resocialization of the patient to a drug-free, crime–free
lifestyle.

Treatment Within the Criminal Justice System

Treatment in a criminal justice setting can succeed in preventing an offender's return to criminal
behavior, particularly when treatment continues as the person transitions back into the
community. Studies show that treatment does not need to be voluntary to be effective.

Rehabilitation Procedures
1. Requirements prior confinement
a. Court Order for confinement
b. DDE (Drug Dependency Exam) from any DDB accredited physician
c. Chest x-ray and ECG result
d. Pregnancy test (female)
e. Endorsement (MM Mayors, DDB and others)

2. Methods of referral, through:

a. PDEA, DILG, PNP
b. Dangerous Drugs Board
c. Metro Manila Mayors
d. Other authorized local government units

98
 REVIEW CENTER

3. Modality of Treatment, Combined multi-disciplinary and therapeutic

community approach through the following categories or concept
of management
a. Medical and Physical Rehabilitation
• Detoxification and treatment
• Games, sports, physical fitness, military drills and youth development training

b. Mental Rehabilitation
• Formal education (1st to 4th year) DECS
• Vocational (non-formal education)
o Citizenship training (community involvement and good parenting)
o Post secondary vocational courses
o Skills development projects

c. Personality Development, Social and Psychological Services

• Psychological testing/evaluation
• Counseling
• Group dynamics
• Group session/seminar
• Workshops
• Socialization
• Family dialogue
• Parent seminar
• Home visit (special cases)
• Pre-release evaluation
• Final evaluation

d. Spiritual Rehabilitation
• Religious Mass
• Spiritual counseling
• Life in the spirit seminar
• Evangelical film showing
• Pre-release spiritual seminar
• Values formation
• Christian disciples/fellowship

4. Phases/Stages of Treatment
Phase I – (First of two months of confinement)
a. Medical and dental services
b. Intake interview, case studies
c. Initial psychological testing and evaluation
d. Orientation

i. First Week
• Create a family atmosphere by welcoming the patients
• Familiarize patients on the center’s philosophy in relation to their recovery
• Introduce the staff titles and names
• Create awareness of their environment

ii. Second Week

• Create an awareness of the rules and regulations of the center that will be their
reference in their personal conduct
• Help patients understand the medical policies and information available

99
 REVIEW CENTER
iii. Third Week
• Familiarize the patient on the different concepts of their treatment program
• Introduce them to the activities of the center

iv. Fourth Week

• Familiarize the patients with the different section and facilities of the center
and create awareness of its role and importance in the treatment program
• Identify and understand the patients treatment plan necessary in the recovery
Process

v. Fifth Week
• Introduction and familiarization on the vocational component of recovery
• Understand the structure of the dorm, manning and primary roles
• Understand the goal and purpose of jobs within the treatment program

vi. & vii. Sixth and Seventh Week

• Leadership, discipline and courtesy lectures and drills

viii. Eight Week

• Evaluation/preparation for Phase II

Phase II – Rehabilitation Management

a. Social/Psychological Services
i. Counseling (group and individuals) – as often as possible
ii. Group dynamics – once a week
iii. Musical therapy – once a week
iv. Psychological testing and evaluation
v. Family dialogue – as need arises

b. Educational/Vocational Services
i. High school formal education (1st to 4th year)
ii. Non-formal education/vocational
• Tailoring/dressmaking
• Cosmetology & haircutting
• Automotive mechanic
• Carpentry
• T-shirt printing
• Culinary arts

c. Spiritual Services
i. Regular Bible studies (non-sectarian and Catholic volunteer)
ii. Sunday Mass and Novena
iii. Charismatic fellowship
iv. Couples for Christ

d. Recreation/Physical Services
i. Games/Sports
ii. Physical fitness test (every two months)
iii. Socialization
iv. Drill

e. Parents Seminar (8 modules) – First two months before visitation

Phase III – Trial Re-entry
This is a three-month program following the residential rehabilitation wherein the patient
is allowed to undergo schooling or employment as the case may be but shall be required

100
 REVIEW CENTER
to stay in the center on weekends. The program has set terms and conditions which the
patient is expected to comply with.

Phase IV – Out Patient Status

This is the follow up and after care stage, which shall be handled by the DSWD local
units.

Application of Anti-Drug Abuse Program

1. LAKBAY KONTRA DROGA

In an effort to bring the drug abuse fight to the grassroots level, the
Caravan 2004 Lakbay Kontra Droga project was initialized in Luzon particularly
Regions I, II and V, Visayas and Mindanao. This program was undertaken to
create awareness about the evils of drug abuse.

2. LAKBAY ARAL KONTRA DROGA

As part of the government’s determined campaign to rid the country of

illegal drugs, the DDB, in cooperation with the DILG, PNP-AIDSOTF, PDEA, DOH,
SK, NYC, PAGCOR and NGOs, staged the Lakbay Aral Kontra Droga to generate
awareness and consciousness among the youth and studentry on the evil effects
of illegal drugs.

It consisted of a guided tour to significant facilities, centers, and

installations held on 21 April 2004 participated in by 500 Sangguniang Kabataan
leaders and barangay chairmen where they learned from visuals and through
interactions, the ill-effects of dangerous drugs.

3. BARKADA KONTRA DROGA

In an answer to the call of the President of the Philippine Republic for the
conduct of drug clearing operations, the DDB launched the “Barkada Kontra
Droga”. The program is designed as a preventive education and information
strategy to counter the dangers and disastrous effects of drug abuse. It aims to
empower the individual to be the catalyst within his peer groups in advocating
healthy, drug-free lifestyles thru involvement in various wholesome activities.

3.1. LAUNCHING SEMINARS

a. SCHOOLS/UNIVERSITIES
The DDB launched “Barkada Kontra Droga” in different colleges and universities
nationwide. A total of five thousand nine hundred fifty two (5,952) students and faculties
participated and became members of the
Barkada Kontra Droga.

b. COMMUNITIES
To strengthen the support for “Barkada Kontra Droga”, its launching was alsodone in the
communities.

c. TREATMENT AND REHABILITATION CENTERS

d.TRI-MEDIA ACTIVITIES
To effectively disseminate information and create awareness on theupdates on drug abuse
prevention and control activities, the Board utilizes the Tri-Media and organized a press
corps as partners in disseminating the information tothe general public.

101
 REVIEW CENTER

ORGANIZED CRIME INVESTIGATION

ORGANIZED CRIME

 A complex set of people and functions interrelated in hierarchical structure specifically

for the purpose of attaining set goals.

 A system of crime in which a group of individuals create and maintain a corporate-like

organization, its members having individually-recognized responsibilities and
obligations.

 The crimes in the modern world represent the latest and the most dangerous
manifestations of the something-for-nothing complex problems of society and this
includes ORGANIZED CRIMES.

 Organized crime or criminal organizations is a transnational grouping of highly

centralized enterprises run by criminals for the purpose of engaging in illegal activity,
most commonly for the purpose of generating a monetary profit.
 A criminal activity by an enduring structure or organization developed and devoted
primarily to the pursuit of profits through illegal means.
 It is sometimes referred to as the MOB, MAFIA, SYNDICATE or the COSA NOSTRA
which are known as the ENEMY WITHIN, THE SECOND GOVERNMENT, THE
FIFTH STATE OR CRIME CONFEDERATION.
 COSA NOSTRA-Literally – “ONE THING”

102
 REVIEW CENTER
 Use to signify organized crimes.

Organized crime is a nonideological enterprise involving a number of persons in close social

interaction, organized on a hierarchical basis, with at least three levels/ranks, for the purpose
of securing profit and power by engaging in illegal and legal activities.

Positions in the hierarchy and positions involving functional specialization may be assigned
on the basis of kinship or friendship, or rationally assigned according to skill. The positions
are not dependent on the individuals occupying them at any particular time.

Permanency is assumed by the members who strive to keep the enterprise integral and active
in pursuit of its goals. It eschews competition and strives for monopoly on an industry or
territorial basis. There is a willingness to use violence and/or bribery to achieve ends or to
maintain discipline. Membership is restricted, although nonmembers may be involved on a
contingency basis. There are explicit rules, oral or written, which are enforced by sanctions
that include murder. (Abadinsky, 1990: 6)

Although there is no generally accepted definition of orgnaized crime - indeed, the federal
Organized Crime Control Act of 1970 fails to define organized crime (...) - a number of
attributes have been identified by law enforcement agencies and researchers as indicative of
the phenomenon. Offering these attributes has a practical dimension: the attributes provide a
basis for determining if a particular group of criminals constitutes organized crime and,
therefore, needs to be approached in a way different from the way one would approach
terrorists or groups of conventional criminals.Organized crime:
1. Has no political goals
2. Is hierarchical
3. Has a limited or exclusive membership
4. Constitutes a unique subculture
5. Perpetuates itself
6. Exhibits a willingness to use illegal violence
7. Is monopolistic
8. Is governed by explicit rules and regulations
(Abadinsky, 2010: 3)

OMERTA – the mafia’s code of secrecy and informal,unwritten code of organized crime,
which demand silence and loyalty among other thing, of family members.

ORGANIZATIONAL STRUCTURE

The Boss oversees all organizational endeavors and has the final word on decisions involving
virtually all aspects of family business. Bosses are typically older members of the family who
have proven their allegiance over a number of years during their affiliation with the family.

The Consigliere is a close associate of the boss who enjoys a considerable amount of influence
and status in the family, serving the boss as a trusted advisor.

The Underboss works at the pleasure of the boss and acts in his behalf when the boss is
incapacitated (e.g., sentenced to prison, becomes ill, etc.).

Underbosses are also trusted, older members of the family whose primary role is to relay
instructions to those occupying lower positions in the family.

The Capos are a sort of mid-level manager. One of the primary roles of the capo is to serve as a
buffer between the lowest level members and the upper level members of the family. In doing so,

103
 REVIEW CENTER
the capo is the trusted go-between through which all communications flow from the boss to the
lowest-level members.

Soldiers are lowest level members of the family, also known as "wise guys," "made guys" or
"button men," who report directly to the capo and will often operate at least one specific criminal
enterprise.

The Commission links the most powerful Mafia bosses to one central authoritative body.
Commission members are bosses from families in New York, Buffalo, Chicago, and
Philadelphia. The purpose of the commission is to arbitrate disputes between families, approve
new members for initiation, authorize the execution of family members, facilitate joint ventures
between families, and manage relations between American and Sicilian Mafia factions.

Also operating in behalf of the family are specialists: enforcers; informants who warn about
criminal investigations, impending raids; and, corrupters, who pay control agents (corruptees)
and help ensure immunity for the organization and its members (Cressey, 1969, Hess, 1973).

ORGANIZED SYNDICATED GROUP

 A profit-motivated, and highly-capable group of persons or an enterprise, organized to

undertake widespread, regular or long-term, large-scale, high-profile and diversified
criminal activities that has impact to the economy and national security.

CRIMINAL GANG
 A group of two or more persons who have a common identifying signs/symbols, and
whose members, individually or collectively, engage in or have a pattern of criminal
activity, creating an atmosphere of fear and intimidation within the community or a
specific area, using violence and intimidation.

TRADTIONAL NOTIONS ABOUT ORGANIZED CRIME

1. A series of interconnected mutually beneficial relationships to further criminal activities so

that money and power can be maximized to every extent possible. Material gain is the primary
goal of the operations.

2. Consists of an enforced hierarchical structure, in which efforts are directed toward

conspiratorial activities of an ongoing nature. Involves the coordination of an organizational
structure and associated personnel. Utilizes effective means of controlling and disciplining its
members.

3. Involved in a number of profit making operations, from basic illegal “business” activities such
as gambling, prostitution, adult entertainment, to more complex activities such as money
laundering and computer crimes.

4. Various levels of the threat of violence to actual violence are employed in order to ensure
objectives are obtained.

5. Organized crime is not to be confused with terrorist activities, for which the goal of action is
primarily political in nature. However, the types of crimes committed, organizational structure
and tactics against others may be similar in nature.

104
 REVIEW CENTER

6. Serious effort is directed toward organizational maintenance, cash flow, personnel discipline
and ongoing “business” operations.

7. It seeks to be immune from the reaches of legitimate lawful authority.

8. Various activities generally include: gambling, loan sharking, drugs, prostitution, various
forms of adult oriented entrainment, extortion, bribery, embezzlement, fraud, fencing activities,
union operations, auto theft, cargo theft, credit card crimes, vending machines, trash collection
and waste disposal, other smuggling activities, etc.

9. Key aspects: structure, profit continuity, monopoly, relative immunity, power and control

HOW THE ORGANIZED CRIME GROUPS WORKS?

For the organization to work, there must be:

A.An ENFORCER – One who makes arrangements for killing and injuring the members or non-
members.

B. A CORRUPTER – One who bribes, buys, intimidates, threatens, negotiates and sweet talks
into a relationship with the police, public officials or any else who might help the members
security and maintain immunity from arrest, prosecution and punishment.

C. A CORRUPTEE - a public official, usually not a member of the organization family, who
can wield influence on behalf of the organization’s interest.

SOURCES OF ILLEGAL PROFIT

 Gains from gains from goods and services that are of great demand by the society but are
prohibited by law.
 The range of activities in which organized crime groups are said to be involved is vast
indeed. Traditionally, it has been argued that these activities are of two major types. The
first involves the distribution and sale of illicit goods and services. Specifically such
illicit enterprises might include prostitution, drugs, gambling, pornography, and loan-
sharking. Extortion, the other major form of activity, is undertaken as an end in itself or
as the means to other ends. These extortionate practices include various forms of business
and labor racketeering and, it is argued, they have often provided the point of entry by
which organized crime groups "infiltrate" legitimate businesses. While infiltration may in
some cases be the appropriate word, in other cases, it obscures the role played by
business interests that knowingly engage with organized crime groups because they
believe it is in their best interests to do so. Such cases suggest collaboration rather than
infiltration since the relationship is more symbiotic than parasitic. Thus, a legitimate
business might use the relationship with an organized crime group as a source of
investment capital while the organized crime group might view the relationship as an
effective way to launder funds, diversify risk, or achieve some level of public
respectability.

 What illicit marketeering and extortion share in common, to some degree, is the potential
for organization and routinization. In all such cases, not only collaborators but also

105
 REVIEW CENTER
victims understand the nature of the relationships in which they are involved. However,
both groups may be unwilling to share the task of preventing or controlling the prohibited
conduct. This may be because of their own profit-sharing, in the case of collaborators, or
because they fear that such action could put them in danger, as in the case of victims.

 Other forms of activities associated with organized crime groups—such as the use of
violence or political corruption—must be understood in terms that stress the instrumental
character of such practices. By definition, the businesses of organized crime operate
beyond the reach of law and therefore conflicts that arise among participants cannot be
resolved using the state-approved legal apparatus. Under such conditions, violence (and
more importantly the threat of violence) assume some significance as techniques of
conflict resolution. In a related way, organized crime groups need to be able to evade or
to neutralize those state agencies charged with their control. Traditionally, corruption has
proven to be an important mechanism by which this task is accomplished. As in the case
of the infiltration of legitimate business, however, corruption is more often a form of
symbiotic relationship than a form of victimization.

 By the 1980s and 1990s, policymakers and academics alike had begun to argue that it
would be misleading to think about organized crime activities in traditionally narrow
terms. While various forms of extortion and marketeering continued to be important
income sources, organized crime had become much more sophisticated. Of particular
interest in this respect was the increasingly important role that criminal associations were
thought to play in various financial markets. In the late 1990s, for instance, it was
claimed that organized crime groups owned or controlled several New York brokerage
firms.

 During this period, attention also focused on the crime of money laundering. As cash
businesses, drug trafficking, gambling, and other organized crimes generate huge
amounts of money that is vulnerable to seizure by state authorities. The movement of
these funds through international money markets not only launders the money but also in
many cases extends criminal enterprises and facilitates corruption and bribery. It has been
estimated that over $750 billion in illicit funds is laundered worldwide annually of which
$300 billion is laundered through the United States.

CHARACTERISTICS OF ORGANIZED CRIMES

1. It is a conspiracy activity involving coordination of members.
2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption.
5. Effective control over members, associates, and victims.
6. Organized crime does not include terrorist dedicated to political change.

GENERIC TYPES OF ORGANIZED CRIMES

1. POLITICAL GRAFT – manned by political criminals who use force or violence of a
means to obtain profit or gain or achieving political aim. E.g. vote buying, private armies
2. THE MERCENARY/PREDATORY O.C. – crimes committed by groups for direct
personal profit but they prey upon unwilling victims.
3. IN-GROUP ORIENTED O.C. –groups manned by semi – organized individuals whose
major goals are for psychological gratification such as adolescent gangs.
4. SYNDICATED CRIME – illicit activity through use of force, threat and intimidation.

ESSENTIAL COMPOSITION OF ORGANIZED CRIME

PROFESSIONAL CRIMES – refers to occupations or their incumbents which possesses

various traits including useful knowledge that requires lengthy training, service

106
 REVIEW CENTER
orientation and code of ethics that permits occupations to attempt to obtain autonomy and
independence with high prestige and remuneration.

CHARACTERISITICS OF PROFESSIONAL CRIMES

1. Crime is a sole means of livelihood.
2. Careful planning, and reliance upon technical skills and methods.
3. Offenders are of migratory life style.
4. The groups have shared sense of belongingness, rules, codes of behavior and mutual
specialized language.

WHITE COLLAR CRIMES

Committed by a person of respectability and high social status in the course of his/her
occupation.
FORMS OF WHITE COLLAR CRIMES
1. Corporate crimes – violation of a corporate statute either by a corporate entity or by its
executives, employees or agents, acting on behalf of and for the benefit of the
corporation, partnership or other business entity.
2. Environmental crimes – damage some protected or otherwise significant aspect of the
natural environment.
3. Occupational crimes – any act punishable by law which is committed through
opportunity created in the course of an occupation that is legal.

Occupational Crime Classification

1. Organizational – crimes committed for the benefit for the entire organization in such
instances only the organization/employer and not individual employees.
2. State authority – crimes by officials through the exercise of their state based authority.
3. Professional – crimes by professionals in their capacity as professionals.
4. Individual – by individuals…employees

Occupational crimes also refer to:

1. White collar crime
2. Avocational – does not think of himself as a criminal
3. Corporate
4. Economic-deciet,misrepresentation, concealment
5. Organizational - seriously harm employees/general public
6. Upper-world crime – due to positions

CATEGORIES OF ORGANIZED CRIME BEHAVIOR

FIVE LEVELS OF ORGANIZATION

The five levels of organization are (1) the criminal group, (2) the protectors, (3) specialized
support, (4) user support, and (5) social support.

The criminal group represents the criminal core of organized crime.

Protectors include corrupt public officials, business people, judges, attorneys, financial advisers,
and others who protect the interests of the criminal group.

Specialized support includes persons who provide contract services that facilitate organized
crime activities, such as pilots, chemists, arsonists, and smugglers.

User support provides the criminal group with their consumer market: persons who purchase
organized crime's illegal goods and services, such as drug users, patrons of bookmakers and
prostitution rings, and people who knowingly purchase stolen goods.

107
 REVIEW CENTER
Finally, social support involves persons and organizations who create a perception of legitimacy
for organized crime. Examples include politicians who solicit the support of organized crime
figures, business leaders who do business with organized crime, social and community leaders
who invite organized crime figures to social gatherings, and those who portray organized crime
or its members in a favorable light.

MODELS OF ORGANIZED CRIME

The Alien Conspiracy Theory

One of the most common theories related to organized crime is the alien conspiracy theory.
According to the Alien Conspiracy theory, organized crime (the Mafia) gained prominence
during the 1860s in Sicily and is currently made up of 25 or so Italian-dominated crime families,
calling themselves the La Cosa Nostra. These families are comprised of members known as
"wise guys" or "made men" and are collectively about 1,700 members strong. Families are
thought to control well-defined geographic areas and specific criminal enterprises.

Cressey's Cosa Nostra Model

Donald Cressey (1967) describes a model of organized crime in which a rigid "bureaucratic"
structure exists. The primary unit of the Cosa Nostra is the family, which embodies male
members of Italian ancestry. The family is protected by a code of conduct for members which
prohibits them from revealing organizational secrets and from which violations of the rule can
result in violence against the offender. Cressey has suggested that a hierarchy exists within the
Mafia. Included in the hierarchy are the following persons: the boss, the consigliere, the
underboss, the caporegime, and the Soldiers The Boss oversees all organizational endeavors and
has the final word on decisions involving virtually all aspects of family business. Bosses are
typically older members of the family who have proven their allegiance over a number of years
during their affiliation with the family.

Albini’s "patron-client model"

Represented by the works of Joe Albini (1971) and Francis and Liz Ianni (1972), re-
conceptualizes the Cosa Nostra as a web of asymmetric ties embedded in local or ethnic
networks. Consists of a series of patron-client relationships.Those with the most power can
provide the most service. Characterized by conflict.

Smith’s "enterprise model"

Proposed by Dwight C. Smith (1980), centers around economic activities and the primacy of
market forces over group structures. Dwight Smith (1990) criticizes Cressey's view of organized
crime by suggesting that in understanding only Italian-American crime families, one understands
only
part of the problem - and not necessarily the most important part. Smith calls this the "Mafia
mystique," which was primarily created by the media and law enforcement agencies. Regarding
the arrests and prosecutions of Italian organized criminal.
Smith argues:
... we could almost sleep well, except for the two concurrent crime stories that command our
attention: 1) our national failure to control a drug trade in which the major traffickers are not
Italian; and 2) the rise in exorbitant white-collar crimes, either proven or still under investigation
on Wall Street and the Defense industry.

Put them next to the Mafia and ask yourself: What is organized crime - really?

108
 REVIEW CENTER
(Smith, 1990). Smith's view of organized crime is that it is merely a series of "enterprises"
occurring along a spectrum of legitimacy. "Illicit enterprise", or illegal businesses should be the
focus of organized crime studies and research.

Ianni’s Kinship Group Model

Chambliss’s Crime Network Model

Haller’s Partnership Model

Mark Haller concurs with the idea of organized crime as being a set of hierarchically organized
gangs. This can be expanded upon further by equating the gangs to separate firms in collusion
with each other. He views joining a crime syndicate as being similar to joining a college alumni
association or the Chamber of Commerce. It is a way for businessmen to network and make
contacts that might help them in their future business endeavors, legal or not. Those who are
beginners look for more experienced mentors who might pass opportunities on to them while
more mature businessmen come to find reliable potential partners and to exchange vital
information which can help them in future business decisions.15 From an economic viewpoint,
being a part of this exclusive society minimizes search costs (for partners and possible business
deals) and maximizes expected benefits from future market transactions for both the established
criminals and for the budding entrepreneur who wishes to be involved in an organized crime
syndicate. For the inexperienced, blood and ethnic ties, although beneficial, are no longer
requirements.

SMALL SCALE, TRADITIONAL AND NON-TRADITIONAL OC

1. Small Scale Organized Crime – not affiliated with “traditional organized crime”
families of the historical variety, but remain as organized criminal groups.
2. Traditional Organized Crime – related to historical processes and inkages that reflect
early immigration into the U.S.;
3. Non-traditional Organized Crime – reflected in newer shifts and movements within
the criminal element that do not fit the “traditional organized crime” framework;

TERRORISM

Terrorism is not new, and even though it has been used since the beginning of recorded history it
can be relatively hard to define. Terrorism has been described variously as both a tactic and
strategy; a crime and a holy duty; a justified reaction to oppression and an inexcusable
abomination. Obviously, a lot depends on whose point of view is being represented. Terrorism
has often been an effective tactic for the weaker side in a conflict. As an asymmetric form of
conflict, it confers coercive power with many of the advantages of military force at a fraction of
the cost. Due to the secretive nature and small size of terrorist organizations, they often offer
opponents no clear organization to defend against or to deter.

Terrorism is an anxiety-inspiring method of repeated violent action, employed by (semi-)

clandestine individual, group or state actors, for idiosyncratic, criminal or political reasons,
whereby - in contrast to assassination - the direct targets of violence are not the main targets. The
immediate human victims of violence are generally chosen randomly (targets of opportunity) or
selectively (representative or symbolic targets) from a target population, and serve as message
generators. Threat- and violence-based communication processes between terrorist
(organization), (imperilled) victims, and main targets are used to manipulate the main target
(audience(s)), turning it into a target of terror, a target of demands, or a target of attention,
depending on whether intimidation, coercion, or propaganda is primarily sought"

109
 REVIEW CENTER
Ethnic separatist violence in the 1930s provoked the League of Nations, formed after World War
I to encourage world stability and peace, to define terrorism for the first time, as:All criminal acts
directed against a State and intended or calculated to create a state of terror in the minds of
particular persons or a group of persons or the general public.

The FBI defines terrorism as: The unlawful use of force or violence against persons or property
to intimidate or coerce a Government, the civilian population, or any segment thereof, in
furtherance of political or social objectives

Brian Jenkins’ definition of terrorism as translated by Dr. David Goldstein (2007): “The use or
threatened use of force designed to bring about political change.”

Some approaches to defining terrorism

Simple: Violence or threatened violence intended to produce fear or cause change.

Legal: Criminal violence violating legal codes and punishable by the state.

Analytical : A specific political and/or social factor behind individual violent acts.

State-sponsored: National or other groups used to attack Western or other vested interests.

State: Power of the government used to repress its people to the point of submission.

Early History of Terrorism

Terror in Antiquity: 1st -14th Century AD

The earliest known organization that exhibited aspects of a modern terrorist organization was the
Zealots of Judea. Known to the Romans as sicarii, or dagger-men , they carried on an
underground campaign of assassination of Roman occupation forces, as well as any Jews they
felt had collaborated with the Romans. Their motive was an uncompromising belief that they
could not remain faithful to the dictates of Judaism while living as Roman subjects. Eventually,
the Zealot revolt became open, and they were finally besieged and committed mass suicide at the
fortification of Masada.

The Assassins were the next group to show recognizable characteristics of terrorism, as we know
it today. A breakaway faction of Shia Islam called the Nizari Ismalis adopted the tactic of
assassination of enemy leaders because the cult's limited manpower prevented open combat.
Their leader, Hassam-I Sabbah, based the cult in the mountains of Northern Iran. Their tactic of
sending a lone assassin to successfully kill a key enemy leader at the certain sacrifice of his own
life (the killers waited next to their victims to be killed or captured) inspired fearful awe in their
enemies.

Even though both the Zealots and the Assassins operated in antiquity, they are relevant today:
First as forerunners of modern terrorists in aspects of motivation, organization, targeting, and
goals. Secondly, although both were ultimate failures, the fact that they are remembered
hundreds of years later, demonstrates the deep psychological impact they caused.

Early Origins of Terrorism: 14th -18th Century

From the time of the Assassins (late 13th century) to the1700s, terror and barbarism were widely
used in warfare and conflict , but key ingredients for terrorism were lacking. Until the rise of the
modern nation state after the Treaty of Westphalia in 1648, the sort of central authority and
cohesive society that terrorism attempts to influence barely existed. Communications were
inadequate and controlled, and the causes that might inspire terrorism (religious schism,
insurrection, ethnic strife) typically led to open warfare. By the time kingdoms and principalities

110
 REVIEW CENTER
became nations, they had sufficient means to enforce their authority and suppress activities such
as terrorism.

The French Revolution provided the first uses of the words "Terrorist" and "Terrorism". Use of
the word "terrorism" began in 1795 in reference to the Reign of Terror initiated by the
Revolutionary government. The agents of the Committee of Public Safety and the National
Convention that enforced the policies of "The Terror" were referred to as 'Terrorists". The
French Revolution provided an example to future states in oppressing their populations. It also
inspired a reaction by royalists and other opponents of the Revolution who employed terrorist
tactics such as assassination and intimidation in resistance to the Revolutionary agents. The
Parisian mobs played a critical role at key points before, during, and after the Revolution. Such
extra-legal activities as killing prominent officials and aristocrats in gruesome spectacles started
long before the guillotine was first used.

Entering the Modern Era: The 19th Century

During the late 19th century, radical political theories and improvements in weapons technology
spurred the formation of small groups of revolutionaries who effectively attacked nation-states.
Anarchists espousing belief in the "propaganda of the deed" produced some striking successes,
assassinating heads of state from Russia, France, Spain, Italy, and the United States. However,
their lack of organization and refusal to cooperate with other social movements in political
efforts rendered anarchists ineffective as a political movement. In contrast, Communism's role as
an ideological basis for political terrorism was just beginning, and would become much more
significant in the 20th century.

Another trend in the late 19th century was the increasing tide of nationalism throughout the
world, in which the nation (the identity of a people) and the political state were combined. As
states began to emphasize national identities, peoples that had been conquered or colonized
could, like the Jews at the times of the Zealots, opt for assimilation or struggle. The best-known
nationalist conflict from this time is still unresolved - the multi-century struggle of Irish
nationalism. Nationalism, like communism, became a much greater ideological force in the 20th
century.

The terrorist group from this period that serves as a model in many ways for what was to come
was the Russian Narodnya Volya (Peoples Will). They differed in some ways from modern
terrorists, especially in that they would sometimes call off attacks that might endanger
individuals other than their intended target. Other than this quirk, we see many of the traits of
terrorism here for the first time; clandestine, cellular organization; impatience and inability for
the task of organizing the constituents they claim to represent; and a tendency to increase the
level of violence as pressures on the group mount.

Terrorism in the 20th and 21st Century

The Early 20th Century

The first half of the 20th century saw two events that influenced the nature of conflict to the
present day. The effects of two World Wars inflamed passions and hopes of nationalists
throughout the world, and severely damaged the legitimacy of the international order and
governments.

Nationalism on the Rise

Nationalism intensified during the early 20th century throughout the world. It became an
especially powerful force in the subject peoples of various colonial empires. Although dissent
and resistance were common in many colonial possessions, and sometimes resulted in open
warfare, nationalist identities became a focal point for these actions.

111
 REVIEW CENTER
Gradually, as nations became closely tied to concepts of race and ethnicity, international political
developments began to support such concepts. Members of ethnic groups whose states had been
absorbed by others or had ceased to exist as separate nations saw opportunities to realize
nationalist ambitions. Several of these groups chose terror as a method to conduct their struggle
and make their situation known to world powers they hoped would be sympathetic. In Europe,
both the Irish and the Macedonians had existing terrorist campaigns as part of their ongoing
struggle for independence, but had to initiate bloody uprisings to further their cause. The Irish
were partially successful, the Macedonians failed.

Damaged Legitimacy

The "total war" practices of all combatants of WWII provided further justification for the
"everybody does it" view of the use of terror and violations of the law of war. The
desensitization of people and communities to violence that started in World War I accelerated
during World War II. The intensity of the conflict between starkly opposed ideologies led to
excesses on the part of all participants. New weapons and strategies that targeted the enemies'
civilian population to destroy their economic capacity for conflict exposed virtually every
civilian to the hazards of combatants. The major powers' support of partisan and resistance
organizations using terrorist tactics was viewed as an acceptance of their legitimacy. It seemed
that civilians had become legitimate targets, despite any rules forbidding it.

Cold War Developments

The bi-polar world of the Cold War changed perception of conflicts the world over. Relatively
minor confrontations took on significance as arenas where the superpowers could compete
without risking escalation to full nuclear war. Warfare between the East and the West took place
on the peripheries, and was limited in scope to prevent escalation. During the immediate postwar
period, terrorism was more of a tactical choice by leaders of nationalist insurgencies and
revolutions. Successful campaigns for independence from colonial rule occurred throughout the
world, and many employed terrorism as a supporting tactic. When terrorism was used, it was
used within the framework of larger movements, and coordinated with political, social, and
military action. Even when terrorism came to dominate the other aspects of a nationalist struggle,
such as the Palestinian campaign against Israel, it was (and is) combined with other activities.

Throughout the Cold War, the Soviet Union provided direct and indirect assistance to
revolutionary movements around the world. Many anti-colonial movements found the
revolutionary extremism of communism attractive. Leaders of these "wars of national liberation"
saw the advantage of free weapons and training. They also realized that the assistance and
patronage of the Eastern Bloc meant increased international legitimacy. Many of these
organizations and individuals utilized terrorism in support of their political and military
objectives. The policy of the Soviet Union to support revolutionary struggles everywhere, and to
export revolution to non-communist countries, provided extremists willing to employ violence
and terror as the means to realize their ambitions.

The Internationalization of Terror

The age of modern terrorism might be said to have begun in 1968 when the Popular Front for the
Liberation of Palestine (PFLP) hijacked an El Al airliner en route from Tel Aviv to Rome. While
hijackings of airliners had occurred before, this was the first time that the nationality of the
carrier (Israeli) and its symbolic value was a specific operational aim. Also a first was the
deliberate use of the passengers as hostages for demands made publicly against the Israeli
government. The combination of these unique events, added to the international scope of the
operation, gained significant media attention. The founder of PFLP, Dr. George Habash observed
that the level of coverage was tremendously greater than battles with Israeli soldiers in their
previous area of operations. "At least the world is talking about us now."

Another aspect of this internationalization is the cooperation between extremist organizations in

112
 REVIEW CENTER
conducting terrorist operations. Cooperative training between Palestinian groups and European
radicals started as early as 1970, and joint operations between the PFLP and the Japanese Red
Army (JRA) began in 1974. Since then international terrorist cooperation in training, operations,
and support has continued to grow, and continues to this day. Motives range from the
ideological, such as the 1980s alliance of the Western European Marxist-oriented groups, to
financial, as when the IRA exported its expertise in bomb making as far afield as Colombia

Current State of Terrorism

The largest act of international terrorism occured on September 11, 2001 in a set of co-ordinated
attacks on the United States of America where Islamic terrorists hijacked civilian airliners and
used them to attack the World Trade Center towers in New York City and the Pentagon in
Washington, DC. Other major terrorist attacks have also occured in New Delhi (Indian
Parliament attacked); Bali car bomb attack; London subway bombings; Madrid train bombings
and the most recent attacks in Mumbai (hotels, train station and a Jewish outreach center). The
operational and strategic epicenter of Islamic terrorism is now mostly centred in Pakistan and
Afghanistan.

Terrorist Behavior

There is clearly a wide choice of definitions for terrorism. Despite this, there are elements in
common among the majority of useful definitions. Common threads of the various definitions
identify terrorism as:

• Political
• Psychological
• Coercive
• Dynamic
• Deliberate

Political
A terrorist act is a political act or is committed with the intention to cause a political effect.
Clausewitz' statement that "war is a continuation of policy by other means" is taken as a truism
by terrorists. They merely eliminate the intermediate step of armies and warfare, and apply
violence directly to the political contest.

Psychological
The intended results of terrorist acts cause a psychological effect ("terror"). They are aimed at a
target audience other than the actual victims of the act. The intended target audience of the
terrorist act may be the population as a whole, some specific portion of a society (an ethnic
minority, for example), or decision-making elites in the society's political, social, or military
populace.

Coercive
Violence and destruction are used in the commission of the act to produce the desired effect.
Even if casualties or destruction are not the result of a terrorist operation, the threat or potential
of violence is what produces the intended effect. For example, a successful hostage taking
operation may result in all hostages being freed unharmed after negotiations and bargaining.
Regardless of the outcome, the terrorist bargaining chips were nothing less than the raw threat of
applying violence to maim or kill some or all of the hostages. When the threat of violence is not
credible, or the terrorists are unable to implement violence effectively, terrorism fails.

Dynamic
Terrorist groups demand change, revolution, or political movement. The radical worldview that
justifies terrorism mandates drastic action to destroy or alter the status quo. Even if the goals of a
movement are reactionary in nature, they require action to "turn back the clock" or restore some

113
 REVIEW CENTER
cherished value system that is extinct. Nobody commits violent attacks on strangers or innocents
to keep things "just the way they are."

Deliberate
Terrorism is an activity planned and intended to achieve particular goals. It is a rationally
employed, specifically selected tactic, and is not a random act. Since the victims of terrorist
violence are often of little import, with one being as good for the terrorists' purposes as another,
victim or target selection can appear random or unprovoked. But the target will contain symbolic
value or be capable of eliciting emotional response according to the terrorists' goals. Remember
that the actual target of terrorism is not the victim of the violence, but the psychological balance

Media Exploitation
Terrorism's effects are not necessarily aimed at the victims of terrorist violence. Victims are
usually objects to be exploited by the terrorists for their effect on a third party. In order to
produce this effect, information of the attack must reach the target audience. So any terrorist
organization plans for exploitation of available media to get the message to the right audiences.
Victims are simply the first medium that transmits the psychological impact to the larger target
audience. The next step in transmission will depend on what media is available, but it will be
planned, and it will frequently be the responsibility of a specific organization within the terrorist
group to do nothing else but exploit and control the news cycle.

Some organizations can rely on friendly or sympathetic news outlets, but this is not necessary.
News media can be manipulated by planning around the demands of the "news cycle", and the
advantage that control of the initiative gives the terrorist. Pressures to report quickly, to "scoop"
competitors, allow terrorists to present claims or make statements that might be refuted or
critically commented on if time were available. Terrorists often provide names and details of
individual victims to control the news media through its desire to humanize or personalize a
story. For the victims of a terrorist attack, it is a certainty that the impact on the survivors (if
there are any) is of minimal importance to the terrorists. What is important is the intended
psychological impact that the news of their death or suffering will cause in a wider audience.

Operations in Permissive Societies

Terrorists conduct more operations in societies where individual rights and civil legal protections
prevail. While terrorists may base themselves in repressive regimes that are sympathetic to them,
they usually avoid repressive governments when conducting operations wherever possible. An
exception to this case is a repressive regime that does not have the means to enforce security
measures. Governments with effective security forces and few guaranteed civil liberties have
typically suffered much less from terrorism than liberal states with excellent security forces. Al
Qaeda has shown, however, that they will conduct operations anywhere.

Illegality of Methods
Terrorism is a criminal act. Whether the terrorist chooses to identify himself with military
terminology (as discussed under insurgencies below), or with civilian imagery ("brotherhood",
"committee", etc.), he is a criminal in both spheres. The violations of civil criminal laws are self-
evident in activities such as murder, arson, and kidnapping regardless of the legitimacy of the
government enforcing the laws. Victimizing the innocent is criminal injustice under a
dictatorship or a democracy. If the terrorist claims that he is justified in using such violence as a
military combatant, he is a de facto war criminal under international law and the military justice
systems of most nations.

Preparation and Support

It's important to understand that actual terrorist operations are the result of extensive preparation
and support operations. Media reporting and academic study have mainly focused on the
terrorists' goals and actions, which is precisely what the terrorist intends. This neglects the vital
but less exciting topic of preparation and support operations. Significant effort and coordination

114
 REVIEW CENTER
is required to finance group operations, procure or manufacture weapons, conduct target
surveillance and analysis, and deliver trained terrorists to the operational area. While the time
and effort expended by the terrorists may be a drop in the bucket compared to the amounts spent
to defend against them, terrorist operations can still involve large amounts of money and groups
of people. The need for dedicated support activities and resources on simple operations are
significant, and get larger the greater the sophistication of the plan and the complexity of the
target.

COMMON TERRORIST QUALITIES

1. They must believe passionately in the justness of their cause.

2. They must possess a killer instinct.
3. They must possess an ability to act effectively as loners.
4. They must have a very high degree of physical courage

115
 REVIEW CENTER
TYPES OF TERRORIST INCIDENTS

Bombings
Bombings are the most common type of terrorist act. Typically, improvised explosive devices
are inexpensive and easy to make. Modern devices are smaller and are harder to detect. They
contain very destructive capabilities; for example, on August 7, 1998, two American embassies
in Africa were bombed. The bombings claimed the lives of over 200 people, including 12
innocent American citizens, and injured over 5,000 civilians. Terrorists can also use materials
that are readily available to the average consumer to construct a bomb.

Kidnappings and Hostage-Takings

Terrorists use kidnapping and hostage-taking to establish a bargaining position and to elicit
publicity. Kidnapping is one of the most difficult acts for a terrorist group to accomplish, but, if a
kidnapping is successful, it can gain terrorists money, release of jailed comrades, and publicity
for an extended period. Hostage-taking involves the seizure of a facility or location and the
taking of hostages. Unlike a kidnapping, hostage-taking provokes a confrontation with
authorities. It forces authorities to either make dramatic decisions or to comply with the
terrorist’s de- mands. It is overt and designed to attract and hold media attention. The terrorists’
intended target is the audience affected by the hostage’s confinement, not the hostage.

Armed Attacks and Assassinations

Armed attacks include raids and ambushes. Assassinations are the killing of a selected
victim,usually by bombings or small arms.Drive-by shootings is a common technique employed
by unsophisticated or loosely organized terrorist groups. Historically, terrorists have assassinated
specific individuals for psychological effect.

116
 REVIEW CENTER
Arsons and Firebombings
Incendiary devices are cheap and easy to hide. Arson and firebombings are easily conducted by
terrorist groups that may not be as well-organized, equipped, or trained as a major terrorist
organization. An arson or firebombing against a utility, hotel, government building, or industrial
center portrays an image that the ruling government is incapable of maintaining order.

Hijackings and Skyjackings

Hijacking is the seizure by force of a surface vehicle, its passengers, and/or its cargo. Skyjacking
is the taking of an aircraft, which creates a mobile, hostage barricade situation. It provides
terrorists with hostages from many nations and draws heavy media attention. Skyjacking also
provides mobility for the terrorists to relocate the aircraft to a country that supports their cause
and provides them with a human shield, making retaliation difficult.

Other Types of Terrorist Incidents

In addition to the acts of violence discussed above, there are also numerous other types of
violence that can exist under the framework of terrorism. Terrorist groups conduct maimings
against their own people as a form of punishment for security violations, defections, or
informing. Terrorist organizations also conduct robberies and extortion when they need to
finance their acts and they don’t have sponsorship from sympathetic nations. Cyberterrorism is a
new form of terrorism that is everincreasing as we rely on computer networks to relay
information and provide connectivity to today’s modern and fast-paced world. Cyberterrorism
allows terrorists to conduct their operations with little or no risk to themselves. It also provides
terrorists an opportunity to disrupt or destroy networks and computers. The result is interruption
of key government or business-related activities. This type of terrorism isn’t as high profile as
other types of terrorist attacks, but its impact is just as destructive.

Historically, terrorist attacks using nuclear, biological, and chemical (NBC) weapons have been
rare. Due the extremely high number of casualties that NBC weapons produce, they are also
referred to as weapons of mass destruction (WMD). However, a number of nations are involved
in arms races with neighboring countries be- cause they view the development of WMD as a key
de- terrent of attack by hostile neighbors. The increased development of WMD also increases the
potential for terrorist groups to gain access to WMD. It is believed that in the future terrorists
will have greater access to WMD because unstable nations or states may fail to safeguard their
stockpiles of WMD from accidental losses, illicit sales, or outright theft or seizure. Determined
terrorist groups can also gain access to WMD through covert independent research efforts or by
hiring technically skilled professionals to construct the WMD.

TERRORIST GROUPS

There are two general categories of organization; hierarchical and networked. The age of an
organization is one of the determinants of whether it is likely to adopt a network or hierarchical
structure. Newer groups tend towards organizing or adapting to the possibilities inherent in the
network model. Ideology can have an effect on internal organization, with strict Leninist or
Maoist groups tending towards centralized control and hierarchical structure. Within the larger
structure, virtually all groups use variants of cellular organizations at the tactical level to enhance
security and to task organize for operations.

CATEGORIES OF TERRORIST GROUPS

Separatist. Separatist groups are those with the goal of separation from existing entities through
independence, political autonomy, or religious freedom or domination. The ideologies separatists
subscribe to include social justice or equity, anti-imperialism, as well as the resistance to
conquest or occupation by a foreign power.

117
 REVIEW CENTER
Ethnocentric. Groups of this persuasion see race as the defining characteristic of a society, and
therefore a basis of cohesion. There is usually the attitude that a particular group is superior
because of their inherent racial characteristics.

Nationalistic. The loyalty and devotion to a nation, and the national consciousness derived from
placing one nation's culture and interests above those of other nations or groups. This can find
expression in the creation of a new nation, or in splitting away part of an existing state to join
with another that shares the perceived "national" identity.

Revolutionary. Dedicated to the overthrow of an established order and replacing it with a new
political or social structure. Although often associated with communist political ideologies, this
is not always the case, and other political movements can advocate revolutionary methods to
achieve their goals.

Political. Political ideologies are concerned with the structure and organization of the forms of
government and communities. While observers outside terrorist organizations may stress
differences in political ideology, the activities of groups that are diametrically opposed on the
political spectrum are similar to each other in practice.

Religious. Religiously inspired terrorism is on the rise, with a forty-three percent increase of total
international terror groups espousing religious motivation between 1980 and 1995. While Islamic
terrorists and organizations have been the most active, and the greatest recent threat to the United
States, all of the major world religions have extremists that have taken up violence to further
their perceived religious goals. Religiously motivated terrorists see their objectives as holy writ,
and therefore infallible and non-negotiable

Social. Often particular social policies or issues will be so contentious that they will incite
extremist behavior and terrorism. Frequently this is referred to as "single issue" or "special
interest" terrorism. Some issues that have produced terrorist activities in the United States and
other countries include animal rights, abortion, ecology/environment, and minority rights.

Domestic. These terrorists are "home-grown" and operate within and against their home country.
They are frequently tied to extreme social or political factions within a particular society, and
focus their efforts specifically on their nation's socio-political arena.

International or Transnational. Often describing the support and operational reach of a group,
these terms are often loosely defined, and can be applied to widely different capabilities.
International groups typically operate in multiple countries, but retain a geographic focus for
their activities. Hezbollah has cells worldwide, and has conducted operations in multiple
countries, but is primarily concerned with events in Lebanon and Israel.

Transnational groups operate internationally, but are not tied to a particular country, or even
region. Al Qaeda is transnational; being made up of many nationalities, having been based out of
multiple countries simultaneously, and conducting operations throughout the world. Their
objectives affect dozens of countries with differing political systems, religions, ethnic
compositions, and national interests

Terrorism(as per RA 9372 Human Security Act of 2007)

Any person who commits an act punishable under any of the following provisions of the
Revised Penal Code:

1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d‘Etat), including acts committed by private persons;
4. Article 248 (Murder);

118
 REVIEW CENTER
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction, or under

1. Presidential Decree No. 1613 (The Law on Arson);

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of
1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among
the populace, in order to coerce the government to give in to an unlawful demand shall be guilty
of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without
the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended.

CYBER CRIMES

When the Internet was developed, the founding fathers of Internet hardly had any inclination
the Internet could also be misused for criminal activities.

Today, there are many disturbing things happening in cyberspace. Cybercrime refers to all
the activities done with criminal intent in cyberspace. These could be either the
criminal activities in the conventional sense or could be activities, newly evolved with the
growth of the new medium. Because of the anonymous nature of the Internet, it is
possible to engage into a variety of criminal activities with impunity and people with
intelligence, have been grossly misusing this aspect of the Internet to perpetrate criminal
activities in cyberspace.

The field of Cybercrime is just emerging and new forms of criminal activities in cyberspace
are coming to the forefront with the passing of each new day.

1. The LOVE BUG

“THE INTERNET IS SUPPOSED TO BE FREE FOR THE ENJOYMENT AND USE OF
EVERYBODY”
By far the most popular incidence of cyber crime in the Philippines is the “ILOVEYOU
Virus“ or the LOVE BUG. The suspect in the case, a 23-year old student from a popular
computer university in the Philippines drafted the virus with the vision of creating a program
that is capable of stealing passwords in computers, ultimately to have free access to the
internet.

During the height of the LOVE BUG incident, Reuters has reported: "The Philippines has
yet to arrest the suspected creator of the 'Love Bug' computer virus because it lacks laws that
deal with computer crime, a senior police officer said". The fact of the matter is that there are
no laws relating to Cybercrime in the Philippines. The National Bureau of Investigation is
finding it difficult to legally arrest the suspect behind the 'Love Bug' computer virus.

119
 REVIEW CENTER
As such, the need for countries to legislate Cyberlaws relating to Cybercrime arises on an
urgent priority basis. Due to the incident, the Philippines has seen the necessity for the
passage of a law to penalize cyber crimes, thus the enactment of Republic Act 8792
otherwise known as the Electronic Commerce Act.

2. Penal provisions of The Electronic Commerce Act (R.A. 8792)

Sec. 33. Penalties. - The following Acts shall be penalized by fine and or imprisonment, as
follows:
Hacking or cracking which refers to unauthorized access into or interference in a computer
system/server or information and communication system; or any access in order to corrupt,
alter, steal, or destroy using a computer or other similar information and communication
devices, without the knowledge and consent of the owner of the computer or information &
communications system, including the introduction of computer viruses and the like,
resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or
electronic document shall be punished by a minimum fine of one hundred thousand pesos
(P100,000.00) and a maximum commensurate to the damage incurred and a mandatory
imprisonment of six (6) months to three(3)years;

Piracy or the unauthorized copying, reproduction, dissemination, distribution, importation,

use, removal, alteration, substitution, modification, storage, uploading, downloading,
communication, making available to the public, or broadcasting of protected material,
electronic signature or copyrighted works including legally protected sound recordings or
phonograms or information material on protected works, through the use of
telecommunication networks, such as, but not limited to, the internet, in a manner that
infringes intellectual property rights shall be punished by a minimum fine of one hundred
thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a
mandatory imprisonment of six (6) months to three (3) years;

Violations of the Consumer Act or Republic Act No. 7394 and other relevant or
pertinent laws through transactions covered by or using electronic data messages or
electronic documents, shall be penalized with the same penalties as provided in those laws;
Other violations of the provisions of this Act, shall be penalized with a maximum penalty of
one million pesos (P1,000,000.00) or six (6) years imprisonment.

3. Limitations of the penal provisions of R.A. 8792 (from a Law Enforcement Perspective)
The penalties and sanctions do not successfully promote deterrence of cybercrimes.

2. The Internet Service Providers (ISP) are not obligated in the maintenance of very
important logs and cooperation with law enforcement in the investigation of computer crimes
is not defined.

3. The Telecommunications companies, as in the ISPs, are not obligated to cooperate with
law enforcement in the investigation of computer crimes.

4. Internet Cafes/Cyber Cafes where most of the computer crimes perpetrators perform the
violations are not obligated to maintain records of their clients and customers.

5. Other offenses committed with the use of computers and/or the internet are not penalized
under said law. (Internet Gambling, Internet Pornography etc.)

CYBER CRIMES – crimes committed :

a. with the use of Information Technology
b. where computer, network, internet is the target
c. where the internet is the place of activity

120
 REVIEW CENTER

2.1. HACKING
Hacking is the act of illegally accessing the computer system/network of an individual, group
or business enterprise without the consent or approval of the owner of the system.

2.2. CRACKING
Cracking is a higher form of hacking in which the unauthorized access culminates with the
process of defeating the security system for the purpose of acquiring money or information
and/or availing of free services.

2.3. MALICIOUS SENDING OF E-MAILS

One of the very prevalent computer crimes in the Philippines, the sending of
malicious and defamatory electronic mails has rendered obsolete the traditional
“snail-threat-mail” and has likewise become a new medium in extorting money, or
threatening prospective victims.

Electronic mails, being faster and easier to send to a great number of recipients,
entails very little cost and effort to send unlike the traditional paper mail while giving
the sender a sense of “anonymity” that is hard to trace for an ordinary individual.

2.4. INTERNET PORNOGRAPHY

The trafficking, distribution, posting, and dissemination of obscene material including
children’s nude pictures, indecent exposure, and child sex slavery posted into the
internet, live streaming videos aired through the internet under a certain fee
constitutes one of the most important Cybercrimes known today.

A large number of internet pornography sites (IFRIENDS, JADECOOL,

NETVENTURES, CAMCONTACTS) offer its surfers live streaming web chats
wherein chatters can chat with a girl of his choice “real-time” in exchange of a
certain fee. Site actresses or models under the ASIAN Category are mostly Filipinas
and fees range from $2.00 - $3.99 per minute.

2.5. LAUNCHING OF HARMFUL COMPUTER VIRUSES

A computer virus is a computer program that can copy itself and infect a computer without
permission or knowledge of the user. The original may modify the copies or the copies may
modify themselves.

A virus can only spread from one computer to another when its host is taken to the
uninfected computer, for instance by a user sending it over a network or carrying it on a
removable medium such as a floppy disk, CD, or USB drive.

Additionally, viruses can spread to other computers by infecting files on a network file
system or a file system that is accessed by another computer. Viruses are sometimes
confused with computer worms and Trojan horses.

A worm, however, can spread itself to other computers without needing to be transferred as
part of a host. A Trojan horse is a file that appears harmless until executed. In contrast to
viruses, Trojan horses do not insert their code into other computer files.

The most classic example is the “Love Bug”. The subject of the email, a love letter, is so
intriguing, that a recipient will surely open it out of curiosity.

2.6. DISTRIBUTED DENIAL OF SERVICE ATTACKS (DDOS)

121
 REVIEW CENTER
DDoS attacks can be committed by employing multiple computers controlled by a single
master computer server to target a particular server by bombarding it with thousands of
packets of data in an attempt to overwhelm the server and cause it to crash.

2.7. WEBSITE DEFACEMENT

Website defacement is the unauthorized modification of a website.

2.8. ACQUIRING CREDIT CARD INFORMATION FROM A WEBSITE THAT OFFERS

E-SERVICES
In the privacy of your own home, if you do not feel like going to the mall to buy something,
you can always visit an online shop (E-commerce website) and you can search almost
anything ranging from goods to services and buy/avail it with just a click of the mouse.

Several payment methods are being offered by the website thru credit card, checking account
or by a third party escrow service such as paypal, and billpoint.

Using such online shopping method have certain advantages but has more disadvantages.

When you shop online, the most convenient way to pay for the items you order is through
your credit card. When you pay thru your credit card, you need to disclose information such
as your complete name, your postal address, zip code, state, phone number credit card
account number, its expiration date and its security code/pin. (CVV2)

Upon entering the above-mentioned information, it will be verified “real-time” by the site
merchant. It usually takes a minute to verify whether the credit card is valid or invalid. If
valid, the information you entered will be stored in the website’s database server.

Hackers look for the file containing the credit card information of all the customers who
bought from a certain e-commerce site.

Upon acquisition thereof, it will be decrypted to make it readable and all the information of
the transactions will be made available.

Hackers prefer VISA, AMERICAN EXPRESS and MASTERCARD when filtering credit
card information. It is because VISA and MASTERCARD are widely accepted by almost
ALL Internet Shopping Sites. American Express on the other hand has no CREDIT LIMIT.

Credit card numbers of American Express start with the number 3, MasterCard credit cards
start with the number 5 while VISA Credit cards start with the number 4.
American Express credit cards have 15 digits Account Number while Visa and Mastercard
credit cards contain 16.

2.9. INTERNET SHOPPING USING FRAUDULENTLY ACQUIRED CREDIT CARDS

Hackers, upon acquiring the desired credit card information now conducts “window
shopping”, hopping from one shop site to another, looking for cellphones, gadgets, apparels,
computer peripherals, softwares etc.

When he finds what he wants to buy, he then add/s his desired item/s to the shopping cart and
checkouts.

He will then supply the Credit Card information of the fraudulently acquired credit card such
as the Complete name of the cardholder, address, zip code, state, email address, credit card
number and expiration date. Other pertinent information such as shipping address of the
items ordered will have to be supplied too.

122
 REVIEW CENTER
Amazon.com, ebay.com, & yahooauctions.com are the e-commerce websites that are
frequently victimized by credit card hackers

2.10. WIRE TRANSFER OF FUNDS FROM A FRAUDULENTLY ACQUIRED CREDIT

CARD
When a hacker knows your complete credit card information, he can extract CASH from the
acquired credit/debit card online. By signing up with Western Union Money Transfer
(http://www.westernunion.com) using the fraudulently acquired credit card information, he
can pretend that he will just send money to his relative and western union will directly debit
the credit card and it will reflect on the billing statement of the original credit card holder.

Unlike shopping sites, Wire transfer of funds using credit cards require the credit card
security number (CVV2). Without the 3 digit cvv2, the online merchant will deny your credit
card.

2.11. ONLINE AUCTION FRAUD

Performing online auction fraud does not necessarily require the cybercriminal to be a
hacker. All he needs is good communication skills, a little bit knowledge on Web
Development and of course, fraudulently acquired Credit Cards.

First, the fraudster should signup for an account at an online auction site such as e-bay, yahoo
auctions and U-Bid .The fraudster falsifies all information that he enters on the signup page.
The only true information is his email address, for he will be contacted by interested bidders
by means of email.

He will be asked to provide a credit card. This is where he will be needing the fraudulently
acquired credit card.

When all of the required fields are signed up, his application will be approved and he will be
a registered member of the said auction site. He is now then allowed to bid, and auction any
item.

How does it work?

A fraudster should have enough knowledge in web development for he will be
making an auction page of the item/s he will be auctioning. Legitimate bidders find
attractive auction page believable. So if the fraudster makes attractive auction pages,
legitimate bidders will not find it hard to decide whether he will be placing a bid or
not.
A fraudster will auction expensive items such as laptops, cellphones, PDA’s
(handheld devices), desktop computers, camcorders and hard to find memorabilias.
He will then sell it at a lower price for legitimate bidders to bid immediately.

How does it work?

In an online auction, the integrity of a seller is known through his feedbacks.
Feedbacks are obtained with every successful deal made between a buyer and a seller.
If both parties are satisfied with their deal, they will both leave positive feedbacks to
each other.
A fraudster, in order to obtain positive feedback, makes multiple accounts and
exchanges feedback with each account that he made for it to appear as a legitimate
transaction.

How does it work?

An online fraudster only accepts payments thru personal checks, money order, wire
transfer and western union money transfer. It is bluntly stipulated in his auction page.

123
 REVIEW CENTER
When a legitimate bidder decides to buy an item from the fraudster, he will then send
the payment either of the four payment methods he specified in the auction page. The
fraudster, upon receiving the money stops all communication with the buyer.

3. TECHNICAL TERMS

• ISP – stands for Internet Service Provider. It provides internet service to internet users.
• IP Address – series of numbers assigned by an Internet Service Provider to an internet
user when it connects to the Internet
• Dynamic IP Address – a type of IP Address that changes everytime the internet user
accesses his Internet Service Provider. It is usually assigned to dial-up or base speed
broadband service subscribers (eg. ISP Bonanza, Surfmaxx, PLDT myDSL 128kbps
service etc.)
• Static IP Address – a type of IP Address that is constant regardless of the time or number
of attempts the internet user accesses the internet. It is usually assigned to High-Speed
Internet Users or Corporate Accounts (eg. ADSL (Asymetric Digital Subscriber Line)
connections, E1 Internet Connections, OC3 Internet Connections, T1 Internet
Connections, Leased Line Internet Connections)
• Website – a portfolio of a person / organization / entity / company which is posted on the
Internet for accessibility worldwide.

4. THE INTERNET PROTOCOL (IP) ADDRESS

• The INTERNET PROTOCOL (IP) ADDRESS is the anchor of the investigation of all
crimes committed via the internet. The identification of the IP Address leads to the
identity of the Internet Service Provider (ISP) used to access the internet and eventually
the subscriber of the account where the internet activity was performed.
• The IP Address as given by the ISP depends on the type of internet account a subscriber
maintains, whether it is a DYNAMIC IP or STATIC IP.

MAFIA

The Mafia, also referred to as La Cosa Nostra (Italian, variously translated as This Thing Of
Ours or Our Thing), is the collective name of various secret organizations in Sicily and the
United States. The Mafia was originally the name of a loose confederation of people in Sicily,
who, in the middle ages, joined for the purposes of protection and vigilante law enforcement.
This confederation later engaged in organized crime.

A member of the Mafia is a "mafioso", or a "man of honor".

The Mafia spread to the United States through immigration by the Twentieth Century.

Mafia power peaked in the United States in the mid-Twentieth Century, until a series of FBI
investigations in the 1970s and 1980s somewhat curtailed the Mafia's influence. Despite the
decline, the Mafia and its reputation have become entrenched in American popular culture,
portrayed in movies, TV shows, and even product commercials.

The term "mafia" has now been extended to refer to any large group of people engaged in
organized crime (compare the Russian Mafia and the Japanese Yakuza), or in suspicious activity
(compare the Trenchcoat Mafia of Columbine High School). When unqualified, however,
"Mafia" still usually refers to the original Sicilian/American organizations.

The Mafia was originally formed, in the mid-19th century, to serve as a secret vigilante group
whose goal was to protect the natives of Sicily.
The Mafia, is defined as a network of organized-crime groups that are based in Italy and
America. The Sicilian Mafia, evolved over centuries ago after a long line of foreign invaders

124
 REVIEW CENTER
ruled the Island of Sicily, while the American Mafia came about following waves of Sicilian and
Italian immigration in the 19th century.

Sicilian Mafia

Until the mid-19th century Sicily had been dominated by a long line of foreign invaders,
including Phoenicians, Romans, Arabs, French, and Spanish invaders. In an effort to protect
themselves Sicilian natives banded together in groups that carried out their own form of justice.

By the 19th century these generic groups of vigilantes emerged as their own private armies, or
mafie, who were initially established in secret to protect Sicilians against their foreign rulers. As
time progressed, the Mafia started to take advantage of the violent & chaotic conditions that
frequently plagued the island of Sicily, these conditions paved the way for the Mafia to get into
the crime industry. Beginning with extortion this group of former vigilantes had now become
part of the problem, as they went on to become the well known criminal organization prone to
using violence as means to achieve their goals.

American Mafia

Due to a surge of Italian and Sicilian immigration, during the 1920s, the Mafia was able to plant
it’s roots in American soil, and begin an entirely new, but separate, organization of criminal
entities.

American Mafia groups are all across the U.S, mainly found in New York and Chicago. They
rose to power during the Prohibition era, initially through liquor trading but later, after the
Prohibition era, the American Mafia went onto other criminal enterprises from illegal gambling
to drug trafficking, they also infiltrated labor unions and legitimate businesses as well.

The Mafia in the 20th Century

During the late 20th century, law-enforcement made vast progress in weakening the mafia
mainly operating in the United States and Italy, so much so that by the early 21st century the FBI
had begun to cut down on resources that were devoted to investigating organized crime. But even
though law-enforcement agencies have made substantial progress in combating organized crime,
the Sicilian Mafia is still one of the four major criminal networks based in Italy and the
American Mafia are still currently involved in a wide range of illegal activities.

What Does Mafia Mean?

Mafia, is an abbreviation of the words ’Morte Alla Francia Italia Anelia!’ which in Italian means
'Death To the French Is Italy’s Cry!'. The word Mafia was first published in 1862 in a play by
Giuseppe Rizzuto called ‘I Mafiosi Della Vicaria’(The Mafia in the Vicarage). Unlike the word
Mafia the word Mafioso means member of the Mafia.

MAFIA FAMILIES

Bonanno Family

History: The Bonanno crime family emerged out of the historic Mafia war known as the
Castellamarese War, becoming one of the five families as envisioned by mobster Lucky Luciano.
Most of the family had previously belonged to boss Salvatore Maranzano. Maranzano was
brought down by Luciano because of his love of power.

First Boss: Twenty-six-year-old Joseph "Joe Bananas" Bonanno, Sicilian-born and one of the
youngest bosses of all time.

125
 REVIEW CENTER
Alliances: Close relationship with Joseph Profaci of the Profaci family (later the Colombo
family).

Low Point: The Bonanno War or "Banana Split" occurred when the Commission demoted
Bonanno to underboss, sparking fervent family in-fighting among those who sided with Bonanno
and those who sided with the new boss, Paul Sciacca. The fighting continued until 1968, when
Bonanno suffered a heart attack and retired, though by this point the Commission had stripped
the Bonanno family of its seat.

Current Status: Troubles with the law have plagued the family, leading one newspaper to report
that 75 of its 150 members have been indicted on various charges. Although the family crawled
back to the top under the direction of former boss Joseph Massino, legal troubles and
defectors/informants from within the family have threatened the organization’s stability and
reputation within the Mafia community.

Colombo Family

History: Following the Castellamarese War of 1929-1931, the family emerged as the Profaci
family. It was headed by Joseph Profaci, without much threat to his leadership, until the 1950s.
After Profaci’s death, Joseph Magliocco took over for a short time before the family was handed
over to Joe Colombo, and the family bears his namesake to this day.

First Boss: Joseph Profaci, a man who ruled with an iron fist and was despised by many of his
family members.

Alliances: Close relationship with Joe Bonanno of the Bonanno family. Following Profaci’s
death, boss Joseph Magliocco schemed with Bonanno to take out the three other family bosses, a
plan that failed when the Commission learned of their intent. This led to Magliocco’s removal as
boss by the Commission.

Low Point: Colombo’s reign ended when an assassination attempt left him in a coma for seven
years, and the family struggled to find consistent leadership, promoting Thomas DiBella for a
brief one-year stint before Carmine Persico took control. Persico received a sentence of life in
prison not long after his appointment.

Current Status: The family has been greatly depleted from its heyday, and continues to be ruled
by Carmine Persico, now 73 years old, from prison with help from those family members who
remain on the ground. Some believe that the family is quietly building itself back up to restore
the power it once had.

Gambino Family

History: The Gambino crime family dates back to a Neapolitan crime gang in 1916, but the
family as it is known today grew out of the Castellamarese War in 1929. Vincenzo "Vincent"
Mangano would become the family’s first boss, but Carlo Gambino would ultimately lend the
family his name and bring it to great power.

First Boss: Vincenzo "Vincent" Mangano, considered part of the "old school" Mafia. Mangano’s
brother, Phil, was murdered shortly after Vincent came to power, and not long after Vincent
himself went missing, never to be found. Family member Albert Anastasia was believed to be
behind the hits, though no proof was ever discovered.

126
 REVIEW CENTER
Alliances: During his time, Carlo Gambino was the most powerful of the Five Families’ bosses.
It is believed that Gambino had a strong behind-the-scenes hand in controlling the Lucchese
family.

Low Point: When Gambino’s underboss, Paul Castellano, took the reigns following Gambino’s
death, the FBI closed in on the family, believing it to be the easiest of the five to infiltrate. In
1983, 13 members of the family were indicted for drug trafficking. The family would later be
taken over by John Gotti, one of the most high-profile Mafia bosses, until he received a sentence
of life in prison.

Current Status: Since John Gotti Sr.’s death in prison in 2002, power of the Gambino family
has changed hands numerous times. For a spell, the family was run by John Gotti Jr., the prior
boss’s son. While the organization remains strong, with between 200 and 250 members, it has
declined since the glory days of Carlo Gambino, due much in part to the murder of Paul
Castellano and the imprisonment of John Gotti.

Genovese Family

 History: The origins of the Genovese crime family date to the early 1900s, when several street
gangs developed into the Morello crime family. By the early 1920s, Giuseppe "Joe the Boss"
Masseria took control of the family, attracting soon-to-be-famous mobsters such as Carlo
Gambino, Lucky Luciano, Frank Costello and Vito Genovese to the family. Masseria lost his life
during the Castellamarese War, and was believed to have been killed by Luciano’s crew, who
wanted to assume power. Luciano took control of the family, with Vito Genovese as his
underboss and Frank Costello as his consigliere. However, following a prison sentence for
Luciano and an escape for Genovese to avoid murder charges, the family landed in the hands of
Frank Costello and eventually went to Vito Genovese, who renamed the family after himself.

First Boss: Giuseppe "Joe the Boss" Masseria.

Alliances: The Genovese family had a short-lived alliance with the Gambinos in the 1970s,
though this arrangement dissipated as the Genovese family came to dislike Gambino boss John
Gotti’s flair for the dramatic and frequent public appearances. The nail in the coffin between the
two families occurred when boss Vincent Gigante of the Genovese family tried to have John
Gotti killed.

Low Point: In 1959, boss Vito Genovese was sentenced to 15 years in prison. His time away
allowed Carlo Gambino to grow his power among all the Mafia families, while Genovese’s
squabbles in prison with his former driver, Joseph Valachi, led to information leaking out to the
FBI and the public about the Mafia and many of its secrets. Genovese died in prison after serving
10 years of his sentence, leaving the Genovese family weakened for a time.

Current Status: Like all the Five Families, the Genovese crime family has been systematically
broken down by authorities, as numerous members have been brought up on charges and
convicted with lengthy prison sentences awaiting them. Nevertheless, it is believed at this time
that the Genovese family is the most powerful in the country, controlling interests in New York,
New Jersey, Atlantic City and Florida.

Lucchese Family

History: The Lucchese crime family, as it is known today, emerged out of the Castellamarese
War of 1929-1931, with Gaetano "Tommy" Gagliano serving as the appointed boss and Gaetano
"Tommy" Lucchese as the appointed underboss. The family was known for its successful forays

127
 REVIEW CENTER
into industries such as trucking and clothing. Following Gagliano’s death in 1953, Lucchese took
over and successfully ran the organization for many years with an excellent reputation. He never
received a criminal conviction in his 44 years in the Mafia.

First Boss: Prior to the Castellamarese War and the formal creation of the Lucchese family,
Gaetano "Tom" Reina ruled supreme. Reina’s assassination (as ordered by Lucky Luciano) was a
catalyst of the Castellamarese War.

Alliances: In the 1980s, boss Vittorio "Vic" Amuso and underboss Anthony "Gaspipe" Casso
were close allies of Genovese crime family boss Vincent "Chin" Gigante. Together, the two
families plotted the assassination of Gambino family boss John Gotti, which failed.

Low Point: The reign of Amuso and Casso in the 1980s and early '90s marks perhaps the most
turbulent point of the family’s history. The failed hit on John Gotti sparked tension between the
three families involved, and was followed by a series of hits-gone-wrong that caught a lot of
attention. Amuso and Casso were caught by the FBI in the early 1990s and sentenced to life in
prison.

Current Status: Officially, boss Vittorio Amuso continues to rule the family, though day-to-day
operations are managed by a three-man panel, including Aniello "Neil" Miglore. The latter, who
is believed to have the final say on issues, has brought the Lucchese family to a place of stability
and success.

THE SICILIAN MAFIA

The largest island in the Mediterranean Sea, Sicily lies almost at its center. As such, it was a
bitterly fought over prize colonized by commercial powers: Greeks, Romans, Arabs, and
Normans. In the twelfth century, rule passed to a German dynasty, then to the French, the
Austrians, and, finally, Spain: "Until the nineteenth century aristocratic families controlled
Sicilian life more or less independency of vrhatever conqueror happened to be ruling at any
given time" (Orlando 2001: l0). In 1860, Italy was freed of foreign rule and united by Giuseppe
Garibaldi (1807-1882), but for the exploited Sicilians, life have not changed.

The government in Rome imposed a tax policy on the island that had the "overall effect of taking
money out of Sicilian agriculture for investment in tie north".Landowners escaped heavy
taxation which fcll disproportionately on the peasants.

Eventually, the aristocracy collapsed, and the adrninistration of their lands fell to
rniddlemen called gabelloti, rnanagers who had already gained rhe reputation of uomi inteso
"strong men" (Orlando 2001).

The gabelloti ruled over the estate-latifondo-with brute force, protecting it from bandits, peasant
organizations, and unions. He was assisted by famiglia, amici (friends), and campieri (lawfully
armed mounted guards). The campieri were hired because they were uomini di rispettu, "men of
respect," meaning they were quick to use violence and people feared them.
An important-that is, widely feared camp iere could become a gabelloti. The gabelloti did not
usually perform his overseer's functions in person----often he did not even show up on rhe estate
that had been enrusted to his custody: "He simply allowed his name to be mentioned, with the
declaration that the estate was under his protection" (Catanzaro 1992:28).

The gabelloti was a patron to his peasants who labored on the latifondo; he controlled access to
scarce resources-in particular, farming land-and he acted as a mediator between official power
and government and the peasantry, a position he maintained by the exercise of force. In league
with the landlords, he fought land refonn, labor unions, and revolution (Servadio 1976). Peasants

128
 REVIEW CENTER
revolted in many parts of the Mezzogiorno, and an 1866 uprising in Palermo required an
expeditionary force to quell it: "Such events soldered the alliance between the Mafia and
aristocracy even more firmly,'

Along with their counterparts who provided protection in urban markets (for example, by
policing monopolistic business practices), the gabelloti and the network of relationships
surrounding him, campieri, famiglia, and amici, became known as the Mafia: "The mafia was
outlaw, but tolerated, secret but recognizable, criminal but upholding of order. It protected and
ripped off the owners of the great estates, protected and ripped off the sharecroppers who worked
the estates, and ripped off the peasants who slaved on them" (Robb 1996: 48). Explanations of
the term mafa comefrom Sicilian
historical and literary works that link its root and meaning to elements prevailing with Sicilian
culture.

The word mafia is apparently Sicilian-Arabic derived from terms meaning to protect and to act
as a guardian; a friend or companion; to defend; and preservation, power, integrity, strength, and
a condition that designantes the remedy of damage and ill. In sum, rnafia rneans "protection
against the arrogance of the powerful, remedy to any darnage, sturdiness of body, strength and
serenity of spirit, and the best and most exquisite part of life.

Thus, rnafia is a state of mind, a way of life not a secret crinrinal organization.

Barzini points out that the two (Mafia and mafia) are closely related, that Mafia could not
flourish without mafia. Mafia represents a general attitude toward the state: "A mafioso did not
invoke State or law'in his private quarrels, but made himself respected and safe by winning a
reputation for toughness and courage, and settled his differences by fighting.He recognized no
obligation exceptthose of the code of honor or omerta (manliness) whose chief article forbade
giving information to the publuce authorities.

In Southern Italy an ethos of mistrust and suspicion pervaded personal and business
relationships-a dilemma the rnafioso could overcome by offering himself as a guarantor. Thus, in
Mafia areas, at bottom-nothing could really be unjust, and honor "was connected less with justice
than with domination and physical strength": a Hobbesian world ruled by the credo "might is
right." Mafiosi were frequently not only tolerated by their communities but "respected to the
point where they could parade as standard bearers of a more equitable system of justice than that
provided by the state.

Every mafioso dernands rispetto-indeed, is referred to uomo di rispetto: a man wofthy of re

spect. American maJioso Bill Bonanno (1999: xiii) points out that this "respect has nothing to do
with affection or even with a shou. of good manners. It is an acknowledgement of power" that
Cesare Mori notes requires a concrete recognition of the prerogative of immunitv belonging to
the mafioso, not only in his person, but also every.thing that he had to do uith or that he.w'as
pleased to take under his protection.

These "services" are the essence of mafia -the mafioso is a provider of protection broadly
defined. For legitirnate entrepreneurs, he provides insurance against otherwise untrustworthy
suppliers and/or customers and will lirnit competition by restricting market entry.. He acts as a
guarantor so that persons who do not trust one another can transact business with a significant
degree of confidence; this refers to legitimate entrepreneurs and, most particularly, the
illegitirnate, who cannot turn to the police or courts to remedy their grievances. A Mafioso
engaged in a legitirnate business enjoys advantages over other businessmen: potential
competitors are likely to be deterred, and criminals will give his enterprise a wide berth .

129
 REVIEW CENTER
Because of its ability to control elections, the Mafia was courted by political powers in Rome.
The "Mafia became the only electoral force that counted in Sicily and the goverrunent was
realistic in acceptance of the fact".

Mussotini and the Mafia

Mussoliniis rise to power in the had important implications for the Mafia and Italian American
organized crime.

Mussolini visited Sicily in 1924 and was introduced to Ciccio Cuccia, capomafioso who was also
a local mayor. Don Ciccio accompanied Il Duce on a tour and, after seeing the large number of
police officers guarding him, is reputed to have said: "You're with me, so there's nothing to
worry about”. Don Ciccio, the large police escort indicated a lack of rispetto. When Mussolini
declined to discharge the police contingent, the capomafioso arranged for the town piazza to be
empty when Il Duce made his speech: "When Mussolini began his harangue he found himself
addressing a group of about twenty village idiots, one-legged beggars, bootblacks, and lottery-
ticket sellers specially picked by'Don Ciccio to form an audience" (1964:72).

A totalitarian regime does not tolerate pockets of authority that are not under its control, and
Mussolini quickly moved to destroy the Mafia. Elections were abolished in 1925, depriving the
Mafia of its major instrurment of alliance with government and an important basis for its
immunity frorn criminal justice. The other important basis was intimidation.

Musollini responded by investing Prefect Cesare Mori of Lombardy, a career police officer, with
emergency police powers and sending him after the Mafia.

Mori assembled a small army of agents and set about the task of purging the island of mafiosi:
"Under the jurisdicdon of Prefect Mori, repression became savage. Many mafiosi were sent to
prison, killed or tortured, but also many leftwingers were called 'mafosi' for the occasion, and
were disposed of. . . . In many cases the landowners provided Mori with information against the
mafosi they had so far emploved, who had been their means to safeguard their interests ag;ainst
the peasant. This was logical because they saw that the regime would provide a better and
cheaper substitute" Thus, the Fascists replaced the Mafia as intermediaries and maintainers
of Sicilian law and order. Mori swooped down on villages and, with the free application of
torture reminiscent of the Inquisition, was able to arrest hundreds of mafiosi.

130
 REVIEW CENTER

He arrested Don Ciccio and other important capimafiosi. He declared the Mafia had been
destroyed. However, the reality was otherwise, and the Mafia began to reassert itself by 1941.
When questioned bvAllied officials at the end of World lVar II, Mori stated: "I drove the mafia
underground all right. I had unlimited police powers and a couple of battalions of Black-shirts.
But how can you starnp out what is in people’s blood?" .

Many Mafia bosses assumed important positions within the regime, and the Fascists failed to
significandy transform the social and economic conditions upon which the Mafia depended.
When Mori began to investigate the connection between the Mafia and high-level Fascists, he
was forced into retirement . "It was no surprise that the Mafia rapidly reemerged as soon as
fascism fell" ; Manv mafosi awaited "liberation," which came in the form of the Allied landing
in 1943. The campaign against the Mafia did succeed in driving some important mafiosi out of
Sicilv. They traveled to the United States at an opportune time, during the Prohibition era, and
took up important positions in a newly emerging form of organized crime.

The Structure of the Mafia

At the center of the Mafia is the padrino or capomafioso, around whom other mafosi gather
forming a cosca.The word cosca refers to the leaves of an artichoke, the capomafioso being the
globe's heart. The structure consists of a network of two men that is patron-client oriented,
relationships based on kinship, patronage, and friendship The typical cosca rarely has more than
15 or 20 members, and at the center are four or five blood relatives

Capomafioso -turned-informer Tommaso Busceta describes the cosca as hierarchical, with

elected leaders and precise decision-making processes. Each cosca takes its name from the
territory under its control and is compo sed of uomini d’onore (*men of honor") in numbers
varying from 10 to 100. They are organized into groups of I0 (decina) headed by a capodecina.
Above the capidecina is the capofamiglia, who has a deputy and a few advisors.Three or rnore
families with adjoining territories are represented by capimandamenti who are mebers of the
cupola or commissione. This central directorate of the Mafia, headed by capocomissione oversee
the activities of the organization on a provincial level.

THE NEAPOTITAN CAMORRA

Whereas the Mafia began as tnore of an idea than an organization, and whereas it evolved along
cultural lines in western Sicily, the Camorra was deliberately structured as a criminal sociery.
The term camorra is believed to have derived from the Castillian kamora, meaning
"contestation," and to have been irnported into Naples during the years of Spanish domination
(Serao i911a). Ernest Serao reports that the forebears of the Neapolitan Camorra were the
Spanish brigands of the Sierras
Known as the gamuri (191la: 723): "Not a passerby nor a vehicle escaped their watchful eye and
their fierce claws, so that traveling or going from one place to another on business was
impossible for anyone without sharing with the ferocious watchers of the Sierras either the
money he had with hirn or the profits of the business that had taken him on his journey"

While there are several versions of how the term Camon"a came into being it
seems clear that the Camorra as an organization developed in Spanish prisons during the
Bourbon rule of the Two Sicilies (the Mezzogiorno) early in the nineteenth century. The
members of this criminal society eventually moved their control of the prisons into Naples
proper. They were "rather tightly, centrally, and hierarchically organized".

The Camorra "was organized as openly and carefully as a public school system, or an efficient
political machine in one of our own cities. Naples was divided into twelve districs, and each of
these into a number of subdistricts.

131
 REVIEW CENTER

The Camorra was "more efficiently organized than the police, and set up a parallel system of law
in the typical southern Italian style" .In contrast with the Mafia, the Camorra was highly
organized and disciplined.

There is a capontrine-a sectional head-and a capo in testa, or local head-in-chief of the Camorra,
a kind of president of the confederation of all the tlvelve sections into ufuch Naples is divided
and v'hich are presided over by rhe capintini. The lowest or entry level is the picciuotto which
requires a bloody deed including very dreadful crimes committed against very peaceful and quiet
people. If he wishes to live on other peoplels rnoney, he must do the best he can by stealing,
cheating, or swindling whom he can, giving, however to his superiors of the Catnorra proper
shruffo or proportionate percentage.

While there are still criminals operating in Naples identified as being part of the Camorra,
Francis Iarrni (1972) argues that they have no direct links to the criminal society of the past.
Ruggiero reports that the last boss of the traditional Camorra died of natural causes in 1989
"after having acted for years as an informal 'justice of the peace' in one of thernost
crowded areas of the city.

Indeed, postwar Naples has been plagued with violence attributed to these "unscrupulous
individuals." Suspected but not convicted, Sicilian rwfiosi w'ere forced into '(internal exile"--
obliged to leave Naples. In collusion with local criminals, they began to expand illegal
oppornrnity. In the countryside, Camorra gangs began to emerge as soon as the Allied forces
withdrew. They asserted control over agriculture and catde markes. Slowly, they began to move
into the urban areas of Naples to further their control over these markets, dictating prices and
acting as brokers between sellers and buyers. They subsequendv moved into and expancled upon
the Naples coufraband itrclustry'ftorn cigarettes to clrugs. An estimated three-quarters of thc
cigarettes solcl in Naples, where about one-third of the inhabitants arc unelnployecl, originate in
the black rnarketl2-Italy has very high cigtrrette taxes. In 1997, more than wcl
dozen rnurders were blarned on a feud between two Camorra groups (the Mazzarella and Conrini
clans) for control of the contraband cigarette business (I Iundley 1997). Gambling, and especially
extortion fiom illegitimate ancl legitin.rate enterprises, round out Camorra activities

When government reconstruction programs were initiaied in the Campania region, the
Camorra, much like their Mafia "brothers" in Sicily, soon found a new source of income, and
theii ability to provide jobs gained them political influence (B.htn 1996). The earlier versions of

In stark contrast to the Sicilian Mafia, the Secondigliano Alliance, a collecion of some of the
most ruthless Camorra clans in Naples, is ruled by Maria Licciardi. The short, fiftyish woman is
the daughter of a respected camorrista and has three camorrista brothers, whose imprisonment
cleared the way for her to ascend the Camorra hierarchy. After being a fugitive for two years,
hiding out in Eastern Europe, she was arrested in 2001 by a special Neapolitan police squad that
had been tracking her for eight months @ Kennedy 2001).

132
 REVIEW CENTER

THE'NDRANGHETA

The province of Calabria is located in the far south of the Italian "boot." It encompasses about
6,000 square miles, of which more than 90 percent are hills or mountains. Italy's poorest
province, Calabria has a population in excess of2,000,000 people; the capital city, Reggio di
Calabria, is home to about 200,000. Lacking the charm of historical sites and world-class art,
tourism is almost nonexistent. Much of the housing stock was built illegally by criminal groups,
the fearsome Onerate Societa ("Honored Society") or 'Ndrangheta ("Brotherhood").

In Calabria, the term 'ndrangheta is used to indicate a high degree of heroism and virtue as
embodied in the'ndranghetisti, men who are governed by omerta. The word 'ndrangheta derives
from the Greek andra gateo, meaning to behave like an able man. There is a Mafia-type
hierarchy in each andrine or ‘ndrina- equivalent to a cosca-and members take a blood oath.

The'Ndrangheta, sometimes referred to as the "Calabrian Mafia," consists of 85 (Paoli 1994) to

144 to 160 (de Gennaro 1995) andrine, some exceeding 200 members, with a cornbined
membership of 5,000 to 6,000. Each group-'ndrina----exerts its influence over a well-defined
geographic area generally corresponding to a town or village, although the 'Ndrangheta now
operates in northern Italy's cities and throughout much of Europe, wherever Calabrians have
settled. They are particularly strong in Canada and Australia (Paoli 1994). In the larger areas
such as Reggio, 'ndrina could be located in one area, but the criminal functions will be divided
either by "turf'or by function. For example, one may control extortion while another will control
drugs (Snedden and Vsser 1994). The 'Ndrangheta also collaborates with Sicilian and Neapolitan
counterparts. Unlike these groups, however 'Ndrangheta groups are based on blood ties, allowing
for a high degree of internal cohesion, which protects against informants. Omerta remains sffong,
and there are few cooperating witnesses of Calabrian origin (de Gennaro 1995; Bohlen 1996d).
Their violence is reminiscent of the cruel Colombian practice of no dejar la semilla (dont leave
the seed): known as fida, all members of a victim's family, including women and children, are
killed.

At its core, a'ndrina is composed of one or two biological families and their network of artificial
kinships: "In order to strengthen the cohesion of the inner nucleus, the practice of intermarriage
between first cousins is strongly encouraged and marriages are also used to cement alliances with
other groups in the immediate neighbourhood. Loyalty is further promoted through the use of
initiation ceremonies similar to those of tlre American Cosa Nostra .'Ndrangheta women
frequently play important roles, maintaining family traditions and running family enterprises.
Like its Sicilian counterparts, 'Ndrangheta has established a commission that recognizes
territorial hegemony and mediates disputes in an effort to reduce the high level of violence for
which the Calabrians are noted. In 1999 the Carabinieri captured the man reputed to be the most
powerful'Ndrangheta boss; Giuseppe Piromalli was convicted of murder in absentia and had
been a fugitive since 1993. He was arrested inside a secret apartrnent located in what appeared to
be an uninhabited old hut, but it contained highly sophisticated 'James Bond"electronic
equipment.

The organization exhibis its criminal skills mainly in kidnapping, vast-scale international
arms and drug trafficking, extortion from almost all profit-making activities, and control of
public contracts (de Gennaro 1995). Extortion inhibits legitimate investrnent and plays a
significant role in the backwardness of the region. During the 1980s, ransom kidnappings
provided capital for entry into large-scale drug trafficking. Many of these kidnappings were
collaborative efforts among 'Ndrangheta, Camorra, and Mafia groups (Siebert 1996). Ready
access to the sea makes drug, as well as arrns and cigarette, smuggling relatively easy. Drug
profits led to the purchase of large tracts of land and the opening of legitimate businesses, such
as supermarkets, although not necessarily in Calabria (Paoli 1994). The grou.ing of cannabis has

133
 REVIEW CENTER
become part of the organization's porrfolio, and marijuana plantations have been discovered in
western Calabria .

SACRA CORONA UNITA AND THE ALBANIAN CONNECTION

The Puglia (Apulia) region at the heel of the Italian boot forms an elongated peninsula on the
Adriatic and Ionian seas. The Sacra Corona Unita (SCU), Sacred United Crown, evolved in the
region already noted for Camorra and ‘Ndrangheta activities. As the name suggests, the SCU
uses a great deal of Roman Catholic imagery as part of its rituals. At the end of the 1970s and
early 1980s,1ocal criminal gangs began patterning themselves on their elder Mafia and Camorra
colleagues, eventually coalescing into the SCU. The origins of the SCU are traced to Giuseppe
Rogoli, who reportedly established the organization as a ritual brotherhood on Chrisnnas day in
1983, while a prisoner serving a life sentence for murder. The SCU is organized horizontally,
with a series of about 45 autonomous clans accountable to the common interests of the
organization (Fless et al. 1999: 387).

Total membership is estimated at about 2,000, and women often play important roles in the
business operations. The SCU has close ties to the Balkans, particularly Albania, located just
across the Strait of Otranto from Puglia. During World War II, Albania was occupied by
Mussolini's Italy.

Albania, a primarily Muslim nation with a population of about 1.5 million, is slightly smaller
than Maryland. A mostly mountainous country with small plains along its long coastline on the
Adriatic Sea, Albania is noted for its strong sense of familial and clan ties. Albanian criminal
groups have much in common with their southern Italian colleagues, including concepts of
omerta and famiglia. Albanian tradition includes absolute loyalty to the extended family and
clan, known as fare, and the notion of bessa requires total respect for oral promises.

Once the most isolated country in Europe, A1bania became a haven for local and foreign
crinrinal groups after the collapse of its Salinist regime in the early 1990s. The opening of the
country's borders and political disarray have allowed Albania to become a primary altemative to
raditional Balkan smuggling routes through the former Yugoslavia that were disrupted by the
breakout of ethnic fighting in the early 1990s. Trkittg advantage of a weak central government
and a great deal of political chaos, SCIJ clans were quick to establish a presence in Albania,
linking up with local criminal groups.

Being a rather recent phenomenon not as strong as the Mafia or Camorra, Sacra Corona Unita
leaders apparently decided to join forces rather than run the risk of a conflict with Albanian OC
groups, which are known to be extremely violent. As a result, in certain areas of Italy, the market
for cannabis, prostitution, and the smuggling of illegal immigrants is run mainly by Albanians,
whose situation has been strengthened as a result of the Kosovo crisis: "As the Albanian gangs
continue to proliferate, the SCU has been there to support them in joint venture opportunities
such as the trade of weapons and drugs" (Fless et al. 1999:390).
The SCU is behind the smuggling of thousands of Albanians into ltaly, including Albanian
women sold into prostitution. Macedonia, which borders on Albania, has become a major center
of the European sex trade (Gall 2001). A crackdown in Italy led to the relocation of hundreds of
mafiosi to the Albanian coastal town of More, while theirAlbanian counterparrs are found
throughout Italy (Cilluffo and Salmoiraghi 1999). Albanian criminals frequently reside in
Calabria, indicating ties to the 'Ndrangbeta, and in 1999, police in the coastal Albanian city of
Durres, with Italian assistance, arrested one ofthe godfathers of the Sacra Corona . With its
strategic position on the Adriatic, the SCU is able to provide smuggling services to the Mafia,
Camorra, and,'Ndranghtera. It routinely uses Albania's long and now virtually unguarded
coastline as a staging area for srnuggling drugs-Southwest Asian heroin, hashish, and, to a lesser
extenr, cocaine-arms, and other contraband across the Adriatic Sea to Italy.There are also ties
arnong the SCU, Colombian cartels, and Russian, Southeast fuian, and Southwest fuian criminal

134
 REVIEW CENTER
groups. A1banian organized crime groups are hybrid organizations, often involved both in
criminal activity and in political activities, mainly relating to Kosovo-based organizations.
Albanian criminals are also involved in the traffic of illegal immigrants to Western Europe,
transporting Albanians, Kurds, Chinese, and peo_ple from the Indian subcontinent. Albanian
groups are mainly responsible for the crossing of the Adriatic Sea from the Albanian coast to
Italy.

From Italy, illegal immigrants are transported by allied criminal groups such as the SCU.
Immigration is not only a source of income, but important in creating networks in foreign
countries, bridgeheads for the Albanian Mafia abroad. Repora indicate that some of the people
admitted lnto Westem European or North America as refugees during the Kosovo conflict had
been carefully chosenthe Albanian Mafia to stay in the host country and act as a future liaison for
the criminal networks.

COLOMBIAN DRUG ORGANIZATION

Colombian Headquarters: The drug lord oversees operations through designates who are
responsible for regionaldirectors. He will also have a staff responsible for Colombian operations,
including production, iransportation,distribution, finances, and enforcement.

Regional Director: Responsible for overall operations of the several cells within a region, the
regional director reportsvia cell phone, fax, or e-mail to a designate in Colombia. The regional
director has diicretion in the day-to-day operations, but ultimate authority rests with the
leadership in Colombia.

Cells: Compartmentalization involves cells of 10 or more members, each operating

independenfly-members of one cell typically do not know members of other cells. Upper echelon
and management levels of thes-e cells are normallycomposed of family members or longtime
close associates who can be trusted because their family members remain in Colombia as
hostages to the cell members' good behavior. Operating within a geographic area, each cell
specializesin a particular facet of the drug business, such as transpon, storage, wholesale
dGtrioution, or money laundeiing. The head of each cell repor.ts directly to a regional director.

MEDELLIN CARTEL

Medellin, an Andean industrial and tourist city of about 1.5 million persons in the province of
Antioquia, has been the home of some of Colombia's most notorious drug traffickers. Antioquia
and neighboring provinces bore the brunt of the civil war violence of L948-1958. Long before
cocaine emerged as an important commodity, Medellin had a long-standing reputation for
smuggling and as a school for pickpockets. It is known as a place where assassins are trained in
such techniques as the nsesino de la moto: a passenger on a motorbike uses an automatic
weapon-usually a .45 caliber machine pistol. The murder rate in Medellin is nearly nine times
that of New York City. It is virtually free of any American diplomatic personnel. The city
served as the headquarters for drug-trafficking organizations known in Colombia as Los Grandes
Mafiosos and in the United States as the Medellin Cartel, whose founders include Pablo Escobar,
the Ochoa clan, and Carlos Lehder-Rivas.

Lehder-Rivas was indicted in l98l by aJacksonville, Florida, federal grand jury for drug
trafficking
and income tax evasion, and in 1983 the United States requested his extradition. Lehder-Rivas
went underground, emerging back in Medellin denouncing the United States for imperialism. He
threatened to join forces with the Manrist revolutionary group known as M-19. in a 1987
shootout, Lehder-Rivas was arrested by Colombian authorities and extradited to the United
States. The following year, Lehder-Rivas was convicted of shipping 3.3 tons of cocaine to

135
 REVIEW CENTER
Florida and Georgia in 1979 and 1980, and sentenced to life without parole. In 1991 he appeared
as a U.S. government witness in the trial of General Manuel Noriega, who, he stated, provided
enorrnous help-and sometimes doublecrossed-the cartel. Lehder-Rivas alleged that Noriega had
sold the cartel an arsenal of Uzi submachine guns as well as photographs and addresses of DEA
agents but had also seized their cocaine
and, after being praised by the DEA" sold it back to tlre traffickers (Rohter l99la).

Pabla Escobar The most notorious member of the cartel was born in 1949; his father was
afarmer, his mother a schoolteacher. Pablo Escobar (Gaviria) received a high school education
but was too poor to attend college. He embarked upon a career in petry crime, later rising to
bodyguard-enforcer for an electronics smuggler. By 1976, Escobar headed a small group of
"mules" who transported raw coca paste and base from the south into Colombia, where it was
processed into cocaine. In that year, he was arrested with five other men and charged with
attempted bribery-they had attempted to smuggle a 39-pound shipment of cocaine inside a spare
tire. After three months, the case was dropped on a technicality. The records of the case
subsequently disappeared, and the two officers who had arrested Escobar were murdered.

“Fabio Ochoa Restrepo was the patriarch of one of Colombia’s most important drug trafficking
families,” according to the Miami Herald, on February 19, 2002. His three sons were all top
lieutenants in the Medellín cartel, one of the richest and most successful drug operations in the
history of such businesses. However, the well-connected and highly respected
Ochoa Restrepo was never accused or indicted on drug-trafficking charges, either by the
Colombian or the U.S. government, and up to the time of his death, he defended the reputation of
his sons and his family. Fábio Ochoa Restrepo was a famed horse breeder and the patriarch of
one of Colombia’s most important drug- Ochoa Restrepo was a renowned South American horse
breeder and was considered to be a verywealthy man. He and his family lived on a large ranch
called La Loma. He was in ill health for most of his adult life and died at 78 years of age of
kidney on February 18, 2002.

Fábio Ochoa Vásquez is the youngest son of Fábio Ochoa Restrepo. Fábio Ochoa Vásquez was
allegedly involved with the Medellín cartel, a Colombian drug cartel once headed by Pablo
Escobar. Jorge Luis and Fábio Ochoa Vásquez were both top-ranking lieutenants in the
organization. On February 19, 2002, Fábio Ochoa Vásquez turned himself in to authorities and
urged his brothersto do the same, hoping he could cut a deal with the Colombian government.
All three brothers ended up serving time in Colombian prisons, spending five years a piece for
their involvement with the Medellín cartel. All three brothers were released in 1996 and vowed
that they would
never involve themselves in the cocaine business again. But the temptations of the family’s
business were too great for Fábio, who became involved with a Mexican group smuggling and
distributing in Florida. Fábio was indicted by a federal court and extradited to the United States.
He was convicted on May 27, 2003, and sentenced to time in a Florida prison.

OCHOA Vásquez, Jorge Luis A son of Fábio Ochoa Restrepo, an alleged major
drug-trafficking operative in and supplier to the Medellín cartel. Ochoa Vásquez was known for
a variety of aliases, including, El Gordo, Los Pablos, Moises Moreno Miranda, Jorge Luis
Azquez, El Niño, El Ocho, and Jorge Luis Ochoa Arismendez. Jorge Luis Ochoa Vásquez was
allegedly
involved with the Medellín cartel, a Colombian drug cartel once headed by Pablo Escobar. Jorge
According to the Miami Herald on February 19, 2002, “[Fábio] Ochoa Vasquez was the first
majortrafficker to turn himself in to authorities in exchange for a promise he would not be
extradited for past crimes. His surrender opened the way for his older brothers to also turn
themselves in.” The deal was subsequently canceled by the Colombian government and replaced
with a new one after Pablo Escobar was killed in a shootout with police in 1993. “A December
1997 constitutional change reinstated extradition but only for crimes committed after that date,”
the paper also stated.

136
 REVIEW CENTER
All three brothers ended up serving time in Colombian prisons, spending five years a piece for
their involvement with the Medellín cartel. All three brothers were released in 1996 and vowed
that they would never involve themselves in the cocaine business again. Since then, Jorge Luis
has remained in Colombia and has not been sought for any other drug-trafficking businesses. He
helped his father run their horsebreedingoperations until his death in February 2002.

Juan Ochoa Vásquez was released from prison in July after serving five months of a six-year
sentence. He is the son of Fábio Ochoa Restrepo and the brother of Fábio Ochoa Vásquez and
Jorge Luis Ochoa Vásquez. Juan Ochoa is wanted in the United States for the 1986 slaying of a
Drug Enforcement Administration informant. He has not left Colombia and has not been
identified recently by the U.S. government as being involved in any current drug businesses.

CALI CARTEL
The Cali Cartel was a drug cartel based in southern Colombia, around the city of Cali and the
Valle del Cauca Department.The Cali Cartel was founded by the Rodríguez Orejuela brothers,
Gilberto and Miguel, as well as associate José Santacruz Londoño. The Cali Cartel was formed
by the Rodriguez brothers and Santacruz, all coming from what is described as a higher social
background than most other traffickers of all time.The recognition of this social background was
displayed in the group's nickname as "Cali's Gentlemen
Organization
The lax attitude of the DEA on cocaine is believed to be what allowed the group to prosper, but
also to develop and organize itself into multiple "cells" that appeared to operate independently,
yet reported to a "celeno" or manager, who then reported back to Cali.[
The independent cell structure is what set the Cali Cartel apart from the Medellín Cartel. The
Cali Cartel operated as a tight group of independent criminal organizations, as opposed to the
Medellíns' structure of a central leader, Pablo Escobar.
It was believed each cell would report to a larger group, who would then report to the leaders of
the cartel. The groups as cited by former Cali accountant Guillermo Pallomari are:
Narco-trafficking: Control over processing labs, shipping methods and routes.
Military: Control over security, punishment/discipline and bribery in relation to military or
police officials.
Political: Responsible for forging governmental links, Congressional members, federal officials
and local authorities.
Financial: Control over money-laundering, front businesses and legitimate business ventures.
Legal: Control over representation for captured traffickers, hiring of lobbyists and overseas
representation.
The Cali Cartel would eventually go on to be known by then DEA chief Thomas Constantine as
"The biggest, most powerful crime syndicate we've ever known."[8][4]
Activities
Trafficking
The Cali Cartel, whose brief roots began in trafficking marijuana, soon shifted to cocaine due to
its ease of transporting and greater profit margin. The cartel would be known for innovation in
trafficking and production by moving its refining operations out of Colombia to Peru and
Bolivia, as well as for pioneering new trafficking routes through Panama.
The Cartel also diversified into opium and was reported to have brought in a Japanese chemist to
help its refining operation.At the height of the Cali Cartel's reign, they were cited as having
control over 90% of the worlds cocaine market and, for being directly responsible for the growth
of the cocaine market in Europe, controlling 90% of the market. By the mid 1990's the
trafficking empire of the Cali Cartel was a multi-billion dollar enterprise.

YAKUZA

Most Americans have heard of the Mafia, Lucky Luciano, Al Capone, and their "soldiers"-but
what about the Yamaguchi-go-i, Kazuo Taoka, Hideomi Oda, and their yakuza? The Yamaguchi
gumi: (gumi means "group") is a criminal orgarization that dominates the industrialized, densely

137
 REVIEW CENTER
populated region extending from Kyoto through Osaka to Kobe, as well as Tokyo and most other
major centers in Japan. They are the largest boryokudan ("violent groups"), organizations that
constitute Japanese organized crime. These organizations have been in existence for about 300
years and have their roots in the Tokugawa period (1600-1850), when Japan united under a
central system of government. With the end of Japanese feudalism, samurais lost their role in
life, and many roamed the countryside as free-lance mercenaries S.ome 1975). The yakuza-
masterless samurai, unscrupulous itinerant peddlers, professional gamblers, and common
criminals----eventually formed structured groups: boryokudan.

Some feel that its members are descendents of the 17th-century kabuki-mono(crazy ones),
outlandish samurai who reveled in outlandish clothing and hair styles, spoke in elaborate slang,
and carried unusually long swords in their belts.  The kabuki-mono were also known
ashatamoto-yakko (servants of the shogun).  During the Tokugawa era, an extended period of
peace in Japan, the services of these samurai were no longer needed, and so they became
leaderlessronin (wave men).  Without the guidance of a strong hand, they eventually shifted their
focus from community service to theft and mayhem.

Modern yakuza members refute this theory and instead proclaim themselves to be the
descendents of the machi-yokko (servants of the town) who protected their villages from the
wayward hatamoto-yakko.  The official yakuza history portrays the group's ancestors as
underdog folk heroes who stood up for the poor and the defenseless, just as Robin Hood helped
the peasants of medieval England.

Current yakuza members fall under three general categories: tekiya (street

peddlers), bakuto(gamblers), and gurentai (hoodlums).  The peddlers and gamblers trace their
roots back to the 18th century while the hoodlums came into existence after World War II when
the demand for black market goods created a booming industry.  Traditionally the tekiya,
medieval Japan's version of snake-oil salesmen, worked the fairs and markets while
the bakuto worked the towns and highways.  Thegurentai, by contrast, modeled themselves on
American gangsters of the Al Capone era, using threats and extortion to achieve their ends. 
After World War II, in the governmental power void caused by the Occupation,
the gurentai prospered, and their ranks swelled.  They also brought organized crime in Japan to a
new level of violence, replacing the traditional sword with modern firearms, even though guns
were now officially outlawed in the country as a result of the surrender.

The yakuza are proud to be outcasts, and the word yakuza reflects the group's self-image as
society's rejects.  In regional dialect ya means 8, ku means 9, and sa means 3, numbers that add
up to 20, which is a losing hand in the card game hana-fuda (flower cards).  The yakuza are the
"bad hands of society," a characterization they embrace in the same way that American bikers
prominently tattoo the slogan "Born to Lose" on their biceps.

Like the Mafia, the yakuza power structure is a pyramid with a patriarch on top and loyal
underlings of various rank below him.  The Mafia hierarchy is relatively simple. 
The capo (boss) rules the family with the assistance of his underboss
and consigliere (counselor).  On the next level, captains run crews of soldiers who all have
associates (men who have not been officially inducted into the Mafia) to do their bidding. 

The yakuza system is similar but more intricate.  The guiding principle of the yakuza structure is
theoyabun-kobun relationship.  Oyabun literally means "father role"; kobun means "child role." 
When a man is accepted into the yakuza, he must accept this relationship.  He must promise
unquestioning loyalty and obedience to his boss.  The oyabun, like any good father, is obliged to
provide protection and good counsel to his children.  However, as the old Japanese saying states,
"If your boss says the passing crow is white, then you must agree."  As the yakuza put it,
a kobun must be willing to be ateppodama (bullet) for his oyabun.

138
 REVIEW CENTER
The levels of management within the yakuza structure are much more complex than the Mafia's. 
Immediately under the kumicho (supreme boss) are the saiko komon (senior adviser) and the so-
honbucho (headquarters chief).  The wakagashira (number-two man) is a regional boss
responsible for governing many gangs; he is assisted by the fuku-honbucho, who is responsible
for several gangs of his own.  A lesser regional boss is a shateigashira, and he commonly has
a shateigashira-hosa to assist him.  A typical yakuza crime family will also have dozens
of shatei (younger brothers)  and many wakashu (junior leaders).

If a yakuza member displeases or severely disappoints his boss, the punishment is

often yubizume, the amputation of the last joint of the little finger.  A second offense will require
the severing of the second joint of that finger, and additional offenses might require moving on
to the next finger.  A man knows that he must commit yubizume when his immediate superior
gives him a knife and a string to staunch the bleeding.  Words are not necessary.  The origin of
this practice dates back to the days of the samurai.  Removing part of the smallest finger weakens
the hand for holding the sword.  When akatana (the samurai long sword) is gripped properly, the
pinkie is the strongest finger.  The ring finger is the second strongest, middle finger third
strongest, and the index finger does almost nothing.  With a damaged hand, the swordsman
became  more dependent on his master for protection.  Today this ritual maiming is entirely
symbolic, but it serves to make a point with delinquent kobun, and it shows that the yakuza, like
their Mafia counterparts, abide by the old saying: "Keep your friends close and your enemies
closer."

TRIADS, TONGS, AND ASIAN GANGS

Secret societies have a long history in China, some dating back to the beginning of the common
era (Fong 1981; Chin 1990). An important part of these societies is the Triads and their
American offshoots-tongs and Chinatown gangs. The Chinese concept of qinqing parallels that
of the southern Italian famiglia. Family, the primary and most important group to a Chinese
individual, "seryes as the crucible for formation of the ideals of harmonious social relations and
the model for social interaction. It is an association composed of parental and filial bonds
carrying the strongest obligations of mutual recrprocity (qinqing)." All family resources "are
pooled and shared according to apparent or expressed need. Each member is obligated to
contribute to the family as able and the family is obligated to provide each member with the
resources for living" (Myers 1995:4). The pooling of familial resources has advanced the
business interests of overseas Chinese in the many communities where they have settled.'
Triads

The term triad refers a colrunon Chinese symbol: an equilateral triangle representing the three
basic Chinese concepts of heaven, earth, and man. Triad members are assigned numbers based
on their position. For example, enforcers or "Red Poles" are assigned number 426; an ordinary
member is a 49;
a leader or "Hill Chief is 489. Based on ancient occult numerology, assigned numbers always
begin a 4 . These groups, based in Hong Kong and Taiwan, engage in highly ritualized dress and
behavior-secret hand signs, passwords, and blood oaths are used in elaborate initiation
ceremonies. The initiation ceremony includes the recital of the Triads' 36 oaths, each of
which ends with the death penalty for its violation. For example, "If I am arrested after
committing an offense, I must accept my punishment and not try to place blame on my sworn
brothers. If I do so, I will be killed by five thunderbolts" (Carter 1991b). The ceremony may take
six or seven hours (Booth 1990).

THE MAJOR TRIADS

Sung Lian Strength: several hundred members, mostly second-and third-generation mainland
immigrants. Activities: debt collection, massage parlors, brothels, small businesses. Tian Dao

139
 REVIEW CENTER
Man Strength: several hundred members, mostly native Taiwanese. Activities: debt collection,
massage parlors, brothels, small businesses.
Four Seas Strength: up to 2,000 members, mostly second-and third-generation mainland
immigrants. Activities: construction, security services, debt collection, massage parlors, brothels,
small businesses.
United Bamboo Strength: 10,000 members, mostly second-and third-generation mainland
immigrants. Activities: construction, security services, debt collection, loan sharking, gambling
dens, hostess clubs, restaurants, small businesses.
Tongs

The term tong means "hall" or "gathering place." Tongs were first established in San Francisco
in the 1850s as benevolent societies (Chin, Kelly, and Fagan 1994). Some Chinese
immigrants,like Sicilian immigrants who had been mafiosi, were Triad members at home. In the
United States, they engaged in organized criminal activities, parricularly opium trafficking,
prosrirution, gambling, and extortion. While most tongs were business, fraternal, or political in
character, the "fighting tongs" licensed llegal businesses and were part of a tight-knit nationwide
alliance. Therefore, a purely local dispute between fighting tongs "could and often did precipitate
a fight between afEliates in every U.S. Chinatown" (-ight 1977 472). During the last decade of
the nineteenth century and the first two decades of the twentieth, tong wars occurred on both the
east and west coasts.
In New York in 1909, a tong war between the On Leong ("Peaceful Dragon") and Hip Sing
("Prosperous IJnion") claimed an estimated 350 lives (Sante l99l). As the importance of
gambling and house prostitution in Chinatowns declined following World War I, vice
entrepreneurs discovered the profitability of tourist enterprises, and restaurants replaced the
brothels and gambling halls. Nevertheless, the struggle between the On Leong and Hip Sing to
control vice operations in New York's Chinatown continued into the 1930s. Contemporary tongs
such as the Hip Sing and the On Leong have dropped the term from their names because of its
association with "tong wars" (Chin 1990).

THE GOLDEN TRIANGLE

The Golden Triangle of Southeast Asia encompasses approximately 150,000 square miles of
forested highlands, including the western fringe of Laos, the four northem provinces of Thailand,
and the northeastern parts of Myanmar (Burma). Myanmar accounts for about 90 percent of the
total heroin production of the Golden triangle.

GOLDEN CRESCENT

The Golden Crescent is the name given to one of Asia's two principal areas of illicit opium
production, located at the crossroads of Central, South, and Western Asia. This space overlaps
three nations, Afghanistan, Iran, and Pakistan, whose mountainous peripheries define the
crescent, though only Afghanistan and Pakistan produce opium, with Iran being a consumer and
trans-shipment route for the smuggled opiates.

The United Nations Office on Drugs and Crime (UNODC) heroin production estimates for the
past 10 years show significant changes in the primary source areas. Heroin production in
Southeast Asia declined dramatically, while heroin production in Southwest Asia expanded.In
1991, Afghanistan became the world's primary opium producer, with a yield of 1,782 metric tons
(U.S. State Department estimates), surpassing Myanmar, formerly the world leader in opium
production. The decrease in heroin production from Myanmar is the result of several years of
unfavorable growing conditions and new government policies of forced eradication.Afghan
heroin production increased during the same time frame, with a notable decrease in 2001
allegedly as a result of the Taliban's fatwa against heroin production. Afghanistan now produces
over 90% of the world's opium.In addition to opiates, Afghanistan is also the world's largest
producer of hashish.

140
 REVIEW CENTER
OUTLAW MOTORCYCLE CLUBS

An outlaw motorcycle club (sometimes known as a motorcycle gang) is a type of motorcycle

club that is part of a subculture with roots in the post-WWII USA, centered on
cruiser motorcycles, particularly Harley-Davidsons and choppers, and a set of ideals
celebrating freedom, nonconformity to mainstream culture, and loyalty to the biker group. 

Organization and leadership

The typical internal organization of a motorcycle club consists of a president, vice president,
treasurer, secretary, road captain, and sergeant-at-arms. Localized groups of a single, large
MC are called chapters, and the first chapter established for an MC is referred to as the
mother chapter. The president of the mother chapter serves as the president of the entire
MC, and sets club policy on a variety of issues. Larger motorcycle clubs often acquire real
estate for use as a clubhouse or private compound.

Membership
In some "biker" clubs, as part of becoming a full member, an individual must pass a vote of
the membership and swear some level of allegiance to the club. Some clubs have a unique
club patch (or patches) adorned with the term MC that are worn on the rider's vest, known
as colors. The oldest motorcycle clubs in the U.S. are the Yonkers MC, founded in 1903,
the San Francisco MC, founded 1904, and the Oakland MC.A formal induction follows, in
which the new member affirms his loyalty to the club and its members. The final logo patch
is then awarded. Full members are often referred to as "full patch members" and the step of
attaining full membership can be referred to as "being patched."

Colors
The primary visual identification of a member of an outlaw MC is the vest adorned with a
specific large club patch or patches, predominantly located in the middle of the back.
The patch(es) will contain a club logo, the name of the club, and the letters MC, and a
possible state, province, or other chapter identification. This garment and the patches
themselves are referred to as the colors or cut (a term taken from the early practice of cutting
the collars and/or sleeves from a denim or leather jacket). 

There are also wings or biker's wings which are earned something like jump wings or pilot's

wings, but with various gruesome, color-coded meanings. An outlaw biker who has had sex
with a woman with venereal disease can wear green wings, while purple wings indicate
having had sex with a corpse,yellow for having drunk female urine, red for having oral sex
with a menstruating woman.The significance of wings are twofold: to demonstrate the
member's low regard for women, and serve as a proclamation that the wearer is not a
policeman (on the assumption that police would not stoop to such behavior)

Top 10 Notorious American Biker Gangs

1. HELL’S ANGELS ('HAMC') is a controversial, world-wide, one-percenter motorcycle

club whose members traditionally ride Harley-Davidson motorcycles.
The HAMC epitomizes the term ''motorcycle club'' and it has many supporters and
detractors.In the United States, and Canada, the Hells Angels are incorporated as the 'Hells
Angels Motorcycle Corporation'.

Their insignia is the “death’s head” logo which is copied from the insignia of the 85th Fighter
Squadron and the 552nd Medium Bomber Squadron.
Red lettering over white backgrounds stands for the club’s colors.
With so much popularity, Hell’s Angels chapters have sprung up across the Untied States as
well as Russia and New Zealand and the continents of North America, South America,
Europe and Australia.

141
 REVIEW CENTER

Sonny Barger ,the legendary founder and conspicuous spokesman of the Oakland Hells 
In the United States and Canada, the Hells Angels are incorporated as the Hells Angels
Motorcycle Corporation. Their primary motto is "When we do right, nobody remembers.
When we do wrong, nobody forgets".
The group says a typical member rides 20,000 miles a year, usually on the Angels' preferred
machines, Harley-Davidsons. And members still refer to themselves as "one percenters" — a
half-century-old boast playing off the saying that 1% of troublemakers give a bad name to
99% of respectable bikers.Some members also wear a patch with the initials "AFFA", which
stands for "Angels Forever; Forever Angels", referring to their lifelong membership in the
biker club (i.e., "once a member, always a member").

Membership
The full requirements to become a Hells Angel are the following: candidates must be male,
have a valid driver's licence,
have a working motorcycle and
cannot be a child molester or
have applied to become a police officer or prison guard
After a lengthy, phased process, a prospective member is first deemed to be a 'Hang-around',
indicating that the individual is invited to some club events or to meet club members at
known gathering places.
If the Hang-around is interested, he may be asked to become an 'Associate', a status that
usually lasts a year or two.
At the end of that stage, he is reclassified as 'Prospect', participating in some club activities,
but not having voting privileges, while he is evaluated for suitability as a full member.
The last phase, and highest membership status, is 'Full Membership' or 'Full-Patch'.

2. MONGOLS
The Mongols, also known as Mongol Nation or Mongol Brotherhood, were formed in 1969
in Montebello, California from Hispanic bikers who were refused entry into The Hell’s
Angels MC due to their race. Their colors are black and white and their insignia bears the
name Mongols in large black letters above a pony-tail sporting man riding a motorcycle
wearing a leather vest and sunglasses while carrying a scimitar or cutlass. Mongol chapters
are concentrated in the western United States, but have also opened in Canada, Mexico and
Italy. Law enforcement officials estimate there are approximately 500 to 600 full patched
members.

The Mongols' main presence is in southern California, with charters in 14 states, as well as
international charters in Germany, Italy, and Mexico. The Mongols have a long standing
friendship with the Outlaws MC.

Operation Black Rain

As part of the operation, four agents became patched members of the club.
In the end, a large indictment was issued to over 50 members, including senior leaders of the
club Operation Black Rain resulted in the arrest of 38 members of the Mongols motorcycle
club, including the club's president, Ruben "Doc" Cavazos.Federal authorities also served
over 160 search warrants in California, Ohio, Colorado, Nevada, Washington, and Oregon.A
total of 110 arrest warrants were carried out in the operation.
The US government also issued a court order to prohibit the use of the Mongols MC logo and
emblem. One effect of this prohibition is that the traditional vest with emblem can no longer
be worn.

The Mongols members have had long-running confrontations with law enforcement in such
areas as drug dealing (especially methamphetamine), money laundering, robbery, extortion,
firearms violations, murder and assault, among other crimes

142
 REVIEW CENTER

3. PAGANS
The Pagans formed in Maryland in 1959 and by 1965 had expanded rapidly.
Their patch depicts the Norse fire giant Surtr sitting on the sun wielding a sword with the
wordPagans in red, white and blue. Members are known to wear their patches on cut-off
denim jackets with accompanying white supremacist and Nazi insignia patches.
The club’s members have also been seen with tattoos of ARGO (Ar Go Fuck Yourself) and
NUNYA (Nun’Ya Fuckin’ Business).

Their territory seems to be confined strictly to the eastern coast in the United States.
The Pagans Motorcycle Club is a one-percenter motorcycle gang and organized crime
syndicate formed by Lou Dobkin (or Dobkins) in 1959 in Prince George's County, Maryland.
Known simply as The Pagans colloquially, the club rapidly expanded and by 1965, the
Pagans, originally clad in blue denim jackets and riding Triumphs, began to evolve along the
lines of the stereotypical one percenter motorcycle club. Recently, the Pagans' membership
has begun to decline as their rival Hells Angels’ membership has grown.
 Pagans have approximately 350 to 400 members and 44 chapters and are active along
the East Coast of the United States. Chapters are common in Florida, New Jersey,
Pennsylvania, Delaware, Maryland, North Carolina and West Virginia. The Pagans have a
Mother Club or ruling council which ultimately rules the gang. The Pagans headquarters is
currently in Delaware County, Pennsylvania.

Members must be at least 21 years old and owners of Harley-Davidson motorcycles with

engines 900 cc or larger. The national sergeant-at-arms' responsibility is to hand-pick 13
chapter members to serve as the "enforcers" or "regulators". This body uses violence and
intimidation to prevent any and all opposition to the Mother Club.

4. THE OUTLAWS
The Outlaw Motorcycle Club is one of the more notorious and oldest clubs on this list.
The gang started in Matilda’s Bar on old Route 66 in McCook, IL in 1935. Using the insignia
on Marlon Brando’s leather jacket in The Wild One as inspiration, the club adopted the skull
with cross pistons as their official club patch. Since the club began over 70 years ago their
chapters have spread widely across the United States and have been well established in
Australia, Asia, Europe and North and South America.

Harry Joseph Bowman, The World Leader of The American Outlaw Association (A.O.A.),
was the international president of The Outlaws Motorcycle Club and presided over 30
chapters in the U.S. and 20 chapters in 4 other countries until he was sent to prison for 3
murders in 1999 after being on the F.B.I’s Top 10 Most Wanted Fugitive list in 1998.
Across the globe members of The Outlaws have been suspected, arrested, tried and convicted
of countless crimes from prostitution, trafficking in narcotics and stolen goods, arms dealing,
extortion and murder.

The Outlaws Motorcycle Club, incorporated as the American Outlaws Association or its

acronym, A.O.A., is a one-percenter motorcycle gang and organized crimesyndicate that was
formed in McCook, Illinois in 1935. It has approximately 90 chapters in the United
States, Canada, Australia, Asia, and Europe.

5. Sons of silence
The Sons of Silence are another “1%er” motorcycle gang that was founded in Niwot,
Colorado in 1966 and featured in a 2009 episode of Gangland on The History Channel.
Since 1966 The Sons of Silence have spread across the United States, with concentrations in
the eastern U.S. They also have several chapters spread throughout Germany.
The Sons of Silence have adopted the motto “Donec Mors Non Seperat”, which is Latin for
“Until Death Separates Us”.

143
 REVIEW CENTER

The club patch has been adopted from the American Eagle logo used by the Budweiser beer
company and bears an eagle superimposed over the letter A with their motto underneath.
In October of 1999, 37 members of the Sons of Silence were arrested on drug trafficking and
illegal weapons charges during one of Denver’s largest federal undercover operations.
During the raids,

The ATF seized 20 lbs. of methamphetamine, 35 firearms, four hand grenades, 2 silencers as
well as cash and motorcycles. a one-percenter motorcycle gang  That was founded in Niwot,
Colorado in the United States in 1966.
The first chapter outside of Colorado was the Iowa chapter which was founded in 1968.
There are now American chapters in Arkansas, Florida, Illinois, Indiana, Kansas, Kentucky,
Louisiana, Minnesota, Mississippi, North Dakota and Wyoming.The first foreign chapter was
founded in Munich, Germany in 1998. In 2001, more German chapters were founded
inFreising, Gangkofen and Nuremberg. In November 2007, a Viernheim chapter was
founded.

6. Warlock
The Warlocks were founded in 1967 in Philadelphia, PA and gained a large number of
members after the end of the Vietnam War. Consisting only of white males, The Warlocks
have spread through the state of Pennsylvania and a good portion of the northeastern United
States and also have chapters in the southeast United States as well as overseas in Germany
and England.

Their club colors are red and white and they use the Greek mythological figure of a winged
Harpy as their insignia. Members often adorn themselves and their vests with white
supremacy insignia as well.

In 2008, Tommy Zaroff, a former President of the Bucks County, PA chapter was arrested on
suspicion of possessing 10 pounds of methamphetamine. In October of the same year four
members of The Warlocks were arrested and charged with producing, transporting and
distributing methamphetamine throughout Berks and Montgomery Counties in Pennsylvania.
It is alleged that they sold over 500 lbs. of methamphetamine worth approximately $9
million. The Warlocks Motorcycle Club is "one-percenter" motorcycle gang that was formed
in Philadelphia,Pennsylvania in 1967.

It was the first official outlaw motorcycle club founded in Pennsylvania. and there are now
chapters throughout the Pennsylvania, New Jersey,Massachusetts, Ohio, Illinois, Florida,
and Minnesota. They bear "colors" that are unique to the other Warlocks organizations and
are the first of the known Warlocks to possess the 1%er diamond patch, worn on their
"colors" over their hearts.

The club's insignia is a Harpy, a legendary winged creature in Greek mythology, and their
colors are red and white. The club expanded rapidly at the end of the Vietnam War when
thousands of ex-soldiers returned to the United States, many to Pennsylvania, feeling outcast
from society. Members of the club must be White males.
Florida Warlocks

The club was established by Tom "Grub" Freeland an ex-US Navy sailor, on the outskirts of
Orlando, Florida in 1967 and the Mother Chapter is still based there.
They have over nine chapters in Florida, five in South Carolina, four in Virginia, three
in West Virginia, one in New York, two in Lincolnshire, England and two in Germany.
There are also several Nomads who live and work in states that don't have Warlocks
chapters.

144
 REVIEW CENTER
The club's insignia is a Phoenix sandwiched between the top and bottom rockers, and
their colors are black, red and yellow. Their mottos include "To find us... you must be good,
to catch us... you must be fast, to beat us... you must be kidding" and "Warlocks forever,
forever Warlocks" ("W.F.F.W.").

7. Highwaymen
The Highwaymen were formed in Detroit, MI in 1954. Their chapters have spread across the
state of Michigan as well as other U.S. states and have reached as far as Norway and
England. Their club colors are black and silver and their insignia is a winged skeleton
wearing a motorcycle cap and a leather jacket.

The Highwaymen also have their own mottos which are: “Highwaymen Forever, Forever
Highwaymen” and “Yea, though we ride the highways in the shadows of death, we fear no
evil, for we are the most evil mother fuckers on the highway.”
The club has undergone a number of large-scale police and FBI investigations, most notably
in 1973, 1987 and 2007.
 James Blake Miller, the "Marlboro Marine" is a member of the Kentucky Highwaymen,
many of whom, like Miller, are veterans suffering from posttraumatic stress disorder.
Despite being the largest motorcycle club in the city of Detroit, they are not acknowledged in
the Detroit Federation of Motorcycle Clubs due to their violent and criminal reputation.
In May 2007, after a two year investigation into the gang’s activities, the FBI raided homes
and chapter clubhouses resulting in the arrests of 40 Highwaymen and associates.
The charges included insurance and mortgage frauds, murder for hire, cocaine trafficking,
police corruption and racketeering.

8. Bandidos
Founded in San Antonio, TX in 1966 The Bandidos are among the more notorious of
American Motorcycle Clubs. The gang’s patch bears a cartoon-ishly obese Mexican wearing
a large sombrero and carrying a machete in one hand and a pistol in the other.
The colors of gold and red were adopted as the club’s colors due to the fact that their founder
was a former Vietnam Marine veteran.

The Bandidos have around 90 chapters spread across the U.S. alone, but they have also
branched out as far as Asia, Germany and Australia. Organized crime syndicate with a
worldwide membership. The club was formed in 1966 by Don Chambers in Texas.
Its slogan is We are the people our parents warned us about. It is estimated to have 2,400
members in 210 chapters, located in 16 countries.

The club considers itself to be an Outlaw Motorcycle Club. The Federal Bureau of

Investigation as well as the Criminal Intelligence Service Canada have named the Bandidos
an Outlaw Motorcycle Gang.

The club was formed in 1966 in San Leon, Texas by Donald Eugene Chambers.
Many people think Chambers named his club the Bandidos after seeing a TV commercial
with theFrito Bandito raising hell to sell Fritos corn chips.

This is not true, as the cartoon came out in 1968 (although he did adopt an obese machete-
and pistol-wielding Mexican Bandido as the center patch for the club's colors).
Don Chambers, having served in Vietnam as a Marine, modeled the clubs colors after the
scarlet and gold motif of the United States Marine Corps. After Chambers' presidency ended
due to his conviction for murder in El Paso, Texas, Ronnie Hodge was elevated to president.

The Bandidos also have a number of puppet, or so-called "support," clubs, who are used as
proxies for both legal and illegal activities.These groups usually wear reverse colors (gold
border with red background rather than the Bandidos' red-border–and–gold background).

145
 REVIEW CENTER
They also commonly wear a unique patch (known as the "Heart Patch") consisting of a
round patch in Bandidos colors on the front upper left of the colors (vest), as worn by the
member. Most of these clubs are regional.

The Bandidos gang has a long and brutal history of illegal activity. A member of The
Bandidos was arrested, tried and convicted of the 2006 murder of a well known flyweight
boxer and a member of the rival Hell’s Angels Motorcycle Club was sniped while leaving a
restaurant in March of that same year during The Bandidos 40th Anniversary of the clubs
annual birthday celebration. Police suspect that members of The Bandidos are responsible for
the murder. Other members have been arrested from anything from murder to drugs and
illegal weapons possession as well as assault and racketeering charges.

9. Free souls
This particular motorcycle gang was started in the state of Oregon in the late 1960’s.
Their patch consists of an ankh, an ancient Egyptian symbol in the shape of a cross, in the
center of a motorcycle rim and tire. All of their chapters, with the exception of one in
Vancouver, Canada, are located within the state of Oregon. On May 2, 2007, three members
of The Free Souls Motorcycle Club were arrested and charged with various crimes.
Amongst the evidence were illegal drugs, weapons and stolen motorcycles all of which were
seized as part of the investigation and arrests.
The club's insignia is an ankh, the ancient Egyptian symbol of eternal life, and their "colors"
are blue and white.It is one of the "big five" motorcycle clubs in Oregon, alongside
the Vagos, Brother Speed, Gypsy Jokers and the Outsiders.

10. Vagos
The Vagos Motorcycle Club was started in San Bernardino, CA in the 1960’s.
Members of the club often wear green and bear a patch of the Norse god Loki riding a
motorcycle. The club has approximately 24 chapters spread across the western United States
in states such as Arizona and Nevada and also 3 in Mexico.The gang originally was called
"the Psychos".

The club's insignia is Loki, the Norse god of mischief, riding a motorcycle and members
commonly wear green.The Vagos have been the subject of several investigations by the FBI
and the ATF for illegal activity such as the production and distribution of methamphetamine,
murder, money laundering and weapons violations. A highly coordinated investigation in
March of 2006 led to the arrests of 25 Vagos members and their associates in what has been
labeled as the largest investigation in Southern California’s history.

Racketeer Influenced and Corrupt Organizations Act

The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO
Act or RICO) is a United States federal law that provides for extended criminal penalties and a
civil cause of action for acts performed as part of an ongoing criminal organization. RICO was
enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L. 91-452,
84 Stat. 922, enacted October 15, 1970). RICO is codified as Chapter 96 of Title 18 of the United
States Code, 18 U.S.C. § 1961–1968. While its intended use was to prosecute the Mafia as well
as others who were actively engaged in organized crime, its application has been more
widespread.

It has been speculated that the name and acronym were selected in a sly reference to the movie
Little Caesar, which featured a notorious gangster named Rico. The original drafter of the bill,
G. Robert Blakey, refused to confirm or deny this. G. Robert Blakey remains an expert on RICO;
his former student Michael Goldsmith also gained a reputation as one of the nation's leading
RICO experts.

146
 REVIEW CENTER
Summary

Under RICO, a person who is a member of an enterprise that has committed any two of 35
crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with
racketeering. Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20
years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains
and interest in any business gained through a pattern of "racketeering activity." RICO also
permits a private individual harmed by the actions of such an enterprise to file a civil suit; if
successful, the individual can collect treble damages.

When the U.S. Attorney decides to indict someone under RICO, he or she has the option of
seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and
prevent the transfer of potentially forfeitable property, as well as require the defendant to put up
a performance bond. This provision was placed in the law because the owners of Mafia-related
shell corporations often absconded with the assets. An injunction and/or performance bond
ensures that there is something to seize in the event of a guilty verdict.

In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser
charges, in part because the seizure of assets would make it difficult to pay a defense attorney.
Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it
focuses on patterns of behavior as opposed to criminal acts.

There is also a provision for private parties to sue. A "person damaged in his business or
property" can sue one or more "racketeers." The plaintiff must prove the existence of a "criminal
enterprise." The defendant(s) are not the enterprise; in other words, the defendant(s) and the
enterprise are not one and the same. There must be one of four specified relationships between
the defendant(s) and the enterprise. A civil RICO action, like many lawsuits based on federal
law, can be filed in state or federal court

Both the federal and civil components allow for the recovery of treble damages (damages in
triple the amount of actual/compensatory damages).

Although its primary intent was to deal with organized crime, Blakey said that Congress never
intended it to merely apply to the Mob. He once told Time, "We don't want one set of rules for
people whose collars are blue or whose names end in vowels, and another set for those whose
collars are white and have Ivy League diplomas."[4]

RICO offenses

Under the law, racketeering activity means:

 Any violation of state statutes against gambling, murder, kidnapping, extortion, arson,
robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed
chemical (as defined in the Controlled Substances Act);
 Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter,
obstruction of justice, slavery, racketeering, gambling, money laundering, commission of
murder-for-hire, and several other offenses covered under the Federal criminal code
(Title 18);
 Embezzlement of union funds;
 Bankruptcy fraud or securities fraud;
 Drug trafficking; long-term and elaborate drug networks can also be prosecuted using the
Continuing Criminal Enterprise Statute;
 Money laundering and related offenses;
 Bringing in, aiding or assisting aliens in illegally entering the country (if the action was
for financial gain);

147
 REVIEW CENTER
 Acts of terrorism.

Pattern of racketeering activity requires at least two acts of racketeering activity, one of which
occurred after the effective date of this chapter and the last of which occurred within ten years
(excluding any period of imprisonment) after the commission of a prior act of racketeering
activity. The U.S. Supreme Court has instructed federal courts to follow the continuity-plus-
relationship test in order to determine whether the facts of a specific case give rise to an
established pattern. Predicate acts are related if they "have the same or similar purposes, results,
participants, victims, or methods of commission, or otherwise are interrelated by distinguishing
characteristics and are not isolated events." (H.J. Inc. v. Northwestern Bell Telephone Co.)
Continuity is both a closed and open ended concept, referring to either a closed period of
conduct, or to past conduct that by its nature projects into the future with a threat of repetition.

Where RICO laws might be applied

Although some of the RICO predicate acts are extortion and blackmail, one of the most
successful applications of the RICO laws has been the ability to indict or sanction individuals for
their behavior and actions committed against witnesses and victims in alleged retaliation or
retribution for cooperating with federal law enforcement or intelligence agencies.

Violations of the RICO laws can be alleged civil lawsuit cases or for criminal charges. In these
instances charges can be brought against individuals or corporations in retaliation for said
individuals or corporations working with law enforcement. Further, charges can also be brought
against individuals or corporations who have sued or filed criminal charges against a defendant.

Anti-SLAPP (strategic lawsuit against public participation) laws can be applied in an attempt to
curb alleged abuses of the legal system by individuals or corporations who utilize the courts as a
weapon to retaliate against whistle blowers, victims, or to silence another's speech. RICO could
be alleged if it can be shown that lawyers and/or their clients conspired and collaborated to
concoct fictitious legal complaints solely in retribution and retaliation for themselves having
been brought before the courts.

Although the RICO laws may cover drug trafficking crimes in addition to other more traditional
RICO predicate acts such as extortion, blackmail, and racketeering, large-scale and organized
drug networks are now commonly prosecuted under the Continuing Criminal Enterprise Statute,
also known as the "Kingpin Statute". The CCE laws target only traffickers who are responsible
for long-term and elaborate conspiracies; whereas the RICO law can be charged for a variety of
organized criminal behavior.

PHILIPPINE LAWS PENALIZING TRANSNATIONAL CRIMES

EXECUTIVE ORDER NO. 151

Creating A Presidential Commission To Investigate Administrative Complaints Involving Graft
And Corruption

REPUBLIC ACT NO. 7080

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

Bio Piracy
EXECUTIVE ORDER NO. 247
Prescribing Guidelines and Establishing a Regulatory Framework for the Prospecting of
Biological and Genetic Resources, they're by Product and Derivatives, for Scientific and
Commercial Purposes; and for other Purposes

EXECUTIVE ORDER NO. 247

148
 REVIEW CENTER
GUIDELINES AND ESTABLISHING A REGULATORY FRAMEWORK FOR THE
PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES

REPUBLIC ACT 6969

AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR
WASTES...

Laws Pertaining to Environmental Concern

REPUBLIC ACT NO. 9174
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE
RESOURCES ...

EXECUTIVE ORDER NO. 192

ORDER PROVIDING FOR REORGANIZATION OF THE DEPARTMENT OF
ENVIRONMENT,ENERGY AND NATURAL RESOURCES...

Intellectual Property Rights

EXECUTIVE ORDER NO. 60
Creating the Inter-Agency Committee on Intellectual Property Rights
REPUBLIC ACT NO. 8293
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND PROPERTY
OFFICE...

Trafficking in Firearms
BASICS
Basic Firearms Laws, Rules and Regulation

Trafficking in Persons
EXECUTIVE ORDER NO. 220
Creating an Executive Council to Suppress Trafficking in Persons, Particularly Women and
Children

Drug Trafficking
REPUBLIC ACT NO. 6425/9165
THE DANGEROUS DRUGS ACT OF 1972

Money Laundering
REPUBLIC ACT NO. 9160
AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES
THEREFOR AND FOR OTHER PURPOSES

Bank Laws
REPUBLIC ACT NO. 1405
AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY INTO, DEPOSITS WITH ANY
BANKING INSTITUTION AND PROVIDING PENALTY THEREFOR.

REPUBLIC ACT NO. 6426

AN ACT INSTITUTING A FOREIGN CURRENCY DEPOSIT SYSTEM IN THE
PHILIPPINES...

REPUBLIC ACT NO. 7653

ARTICLE I. CREATION, RESPONSIBILITIES AND CORPORATE POWERS OF THE
BANGKO SENTRAL

149
 REVIEW CENTER

REPUBLIC ACT NO. 8791

AN ACT PROVIDING FOR THE REGULATION OF THE ORGANIZATION AND
OPERATIONS OF BANKS..

Related Executive Orders

EXECUTIVE ORDER NO. 8
Creating a Presidential Anti-Organized Crime Commission and a Presidential Anti-Organized
Crime Task Force to Investigate and Prosecute Criminal Elements in the Country

EXECUTIVE ORDER NO. 61

Creating the National Drug Law Enforcement and Prevention Coordinating Center to Orchestrate
Effort of National Government Units, and Non-Government Organization for a more Effective
Anti-Drug Campaign

EXECUTIVE ORDER NO. 62

Creating the Philippine Center on Transnational Crime to Formulate and Implement a Concerted
Program of Action of all Law Enforcement, Intelligence and Control of Transnational Crime.

EXECUTIVE ORDER NO. 100

Strengthening the Operational, Administrative and Information Support System of the Philippine
Center on Transnational Crime

EXECUTIVE ORDER NO. 101

Providing the Immediate Organization and Operationalization of the Interim Internal Affairs
Service (IAS) of the Philippine National Police

EXECUTIVE ORDER NO. 295

Amending Executive Order No. 8 Creating a Presidential Anti-Organized Crime Commission, to
Investigate and Prosecute Criminal Elements in the country

EXECUTIVE ORDER NO. 459

Providing for the Guidelines in the Negotiation of International Agreements and its Ratification

REPUBLIC ACT NO. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED
VIOLATIONS OF THE PRIVACY...

REPUBLIC ACT NO. 6235

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR
OTHER PURPOSES.

REPUBLIC ACT NO. 6770

AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION....

REPUBLIC ACT NO. 6955

AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF MATCHING FILIPINO
WOMEN FOR MARRIAGE TO FOREIGN NATIONALS...

REPUBLIC ACT NO. 7042

AN ACT TO PROMOTE FOREIGN INVESTMENTS, PRESCRIBE THE PROCEDURES
FOR REGISTERING ENTERPRISES...

REPUBLIC ACT NO. 7157

AN ACT REVISING REPUBLIC ACT NO. 708, AS AMENDED

150
 REVIEW CENTER

REPUBLIC ACT NO. 7658

AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE
IN PUBLIC AND PRIVATE ...

REPUBLIC ACT NO. 7659

AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES..

REPUBLIC ACT NO. 8042

AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT ...

REPUBLIC ACT NO. 8043

AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF
FILIPINO CHILDREN...

REPUBLIC ACT NO. 8197

AN ACT TO FURTHER LIBERALIZE FOREIGN INVESTMENTS, AMENDING FOR ...

REPUBLIC ACT NO. 8239

Philippine Passport Act of 1996

REPUBLIC ACT NO. 8294

AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866

REPUBLIC ACT NO. 8484

AN ACT REGULATING THE ISSUANCE AND USE OF ACCESS DEVICES,
PROHIBITING FRAUDULENT ACTS..

REPUBLIC ACT NO. 8792

THE E-COMMERCE LAW

REPUBLIC ACT NO. 8799

THE SECURITIES REGULATION CODE

REPUBLIC ACT NO. 9105

AN ACT DEFINING THE CRIME OF ART FORGERY, PROVIDING PENALTIES...

RULES OF ELECTRONIC EVIDENCE

RULES OF FOREIGN INVESTMENTS

EXECUTIVE ORDER NO. 151

Creating A Presidential Commission To Investigate Administrative Complaints Involving Graft
And Corruption

151
REVIEW CENTER

152