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Compilation of CDI Lesson 1-9 (Review Notes)

The document outlines the fundamentals of criminal investigation and intelligence, detailing the competencies required for registered criminologists, including methods of gathering and processing information, legal procedures, and the qualities of a good investigator. It emphasizes the importance of training and experience, the cardinal points of investigation, and various techniques for interviewing and interrogation. Additionally, it covers the identification of criminals, types of evidence, and the role of informants in the investigative process.
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0% found this document useful (0 votes)
91 views154 pages

Compilation of CDI Lesson 1-9 (Review Notes)

The document outlines the fundamentals of criminal investigation and intelligence, detailing the competencies required for registered criminologists, including methods of gathering and processing information, legal procedures, and the qualities of a good investigator. It emphasizes the importance of training and experience, the cardinal points of investigation, and various techniques for interviewing and interrogation. Additionally, it covers the identification of criminals, types of evidence, and the role of informants in the investigative process.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REVIEW NOTES ON FUNDAMENTALS OF CRIMINAL

INVESTIGATION AND INTELLIGENCE


Prepared by: Prof. Joselito B Barba

Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Apply the different modes, methods, types, and techniques of gathering,
collection, preservation, and processing of information such as but not
limited to: Intelligence; Surveillance; Informants; Informers; Regular and
Cultivated sources of information; Undercover; Background Investigation;
Cyber Intelligence and Cyber Investigation; Codes and Ciphers;
Classification of Information and Sources; Security and Access of
Document/Information including its classification; and others;
2. Use the principles, procedures, legal requirements, methods, and
techniques of the following but not limited to: Arrest with and without
warrant; Raid, Search with and without warrant; search of arrested persons;
check and choke points; crime scene processing; a collection of evidence
and chain of custody; crime scene photography and crime sketch;
deposition, confession, and admission; and others.
3. Apply the different modes, methods, types, and techniques of gathering,
collection, preservation, and processing of information such as but not
limited to: Intelligence; Surveillance; Informants; Informers; Regular and
Cultivated sources of information; Undercover; Background Investigation;
Cyber Intelligence and Cyber Investigation; Codes and Ciphers;
Classification of Information and Sources; Security and Access of
Document/Information including its classification; and others;
CRIMINAL INVESTIGATION – is an art which discover how it was committed, by whom, where it
deals with the identity and location of the offender was committed, when and why it was committed
and provides evidence of guilt through criminal (Cardinal points of Investigation 5W’s and 1H).
proceedings.
SIX CARDINAL POINTS OF
INVESTIGATION DEFINED: The collection of INVESTIGATION
facts to accomplish a three-fold aim:
WHAT specific offense has been committed?
a. to identify the guilty party;
Nature of crime
b. to locate the guilty party; and
WHEREcrime was committed?
c. to provide evidence of his
guilt. Place or location

WHEN it was committed?


Time and date
PRIMARY JOB OF AN INVESTIGATOR
WHOM it was committed?
The primary job of the investigator is to Persons/s involved
discover whether or not an offense has been
committed under the law, after determining what WHY it was committed?
specific offense has been committed, he must Reason or motive of Committing
the crime
HOW it was committed? a. Regular Sources – records, files from
Manner, method or modus government and non-government
operandi agencies, news items.

QUALITIES OF A GOOD INVESTIGATOR b. Cultivated Sources – information


gathered upon initiative of the investigator
1. Perseverance from informants, vendors, taxicab driver,
GRO, and others.
2. Intelligence
c. Grapevine Sources – these are
3. Honest
information coming from the underworld
4. Understanding of the people and characters such as prisoners and ex-
environment convicts.

5. Keen power of observation 2. INTERVIEW AND


INTERROGATION

INTERVIEW – Is a conversation with a purpose,


TRAINING motivated by a desire to obtain certain information
from the person being interviewed as to what was
Training, as one of the foundations of investigation, done, seen, felt, heard, tasted, smell or known.
is concededly a vital ingredient in the creation of a
total investigator. Experience alone does not make This is the questioning of a person
one good investigator. Many who had been hostage believed to possess knowledge that is in official
to this notion often ended in jeopardy. The ideal interest to the investigator.
conjugal partnership is training and experience.
The fusion of the best training and vast experience BASIC ASSUMPTIONS
is a formidable force that can threat even the most
Nobody has to talk to law enforcers. No
sophisticated technology and syndicated crimes.
law compels a person to talk to the police if he does
The necessity of training as a purveyor of change
not want to. Therefore, people will have to be
builds the investigator’s confidence. It widens his
persuaded, always within legal and ethical limits, to
vision for professional growth and strengthens his
talk to law enforcers. This makes interviewing an
will to survive and prevail over crises.
art.
The National Forensic Science Training Institute
I.R.O.N.I.C. FORMAT
(NFSTI) under the Philippine Public Safety College
is the institution that trains uniformed personnel of The interview of a witness can be described by its
the Philippine National Police to become a certified acronym ‘IRONIC’ which stands for Identity,
investigator. Rapport, Opening Statement, Narration, Inquiry,
and conclusion.
THREE TOOLS OF INVESTIGATION
Identity – prior to the commencement of an
1. INFORMATION
interview, the investigator should identify himself
It is the knowledge/data which an to the subject by name, rank and agency. Except,
investigator acquired from other persons and when there is no need to know the officer’s
records. identity.

Rapport – it is good to get the positive feeling of


the subject towards the investigators, such friendly
Classes of Information atmosphere is a vital for both the subject and the
investigator t have a better interaction.
Opening Statement – the investigator must have f. To discover the details of other crimes
to indicate why the subject is being contracted. participated by the suspect

Narration – the witness should be INTERROGATION TECHNIQUES


allowed to tell all he knows with little interruptions
from the investigator. Emotional Appeal

Inquiry – after all information have been Place the subject in the proper frame of
given by the subject, that is the time for the mind. The investigator should provide emotional
investigator to as question to clarify him about the stimuli that will prompt the subject to unburden
case under investigation. himself by confiding. Analyze the subject’s
personality and decide what motivation would
Conclusions – after the interview, it is but prompt him to tell the truth, and then provide those
proper to close the interview with outmost courtesy motives through appropriate emotional appeals.
and thanking the subject for his cooperation.
Sympathetic appeal
RULES TO BE OBSERVED IN
QUESTIONING The suspect may feel the need for
sympathy or friendship when he is apparently in
a. One question at a time trouble. Gestures of friendship may win his
cooperation.
b. Avoiding implied answer
Kindness
c. Simplicity of the questions
The simplest technique is to assume that
d. Saving faces the suspect will confess if he is treated in a kind
and friendly manner.
e. Avoid close ended questions (yes or
no) Extenuation

The investigator indicates he does not


consider his subject’s indiscretion a grave offense.
INTERROGATION –is a questioning of a person
suspected of having committed an offense or a Shifting the blame
person who is reluctant to make full disclosure of
information in his possession which is pertinent to The interrogator makes clear his belief
the investigation. that the subject is obviously not the sort of person
who usually gets 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
What are the purposes of Interrogation?
and choice.
a. To obtain confession to the crime

b. To induce the suspect to make


Mutt and Jeff
admission
Two (2) Agents are employed.
c. To learn the facts of the crime
- Mutt, the relentless investigator, who is not going
d. To learn the identity of the
to waste any time because he knows that the
accomplice
subject is guilty.
e. To develop information which will
lead to the recovery of the fruits of the
crime - Jeff, on the other hand, is obviously a kind-
hearted man.
2. Tracing and locating the criminal

Bluff on a Split Pair 3. Gathering of evidence to prove the guilt of


the criminal
- This is applicable when there is more than one
suspect. The suspects are separated and one is
informed that other has talked.
1. IDENTIFICATION OF CRIMINALS
Pretense of Physical Evidence

- The investigator may pretend that certain physical


evidence has found by laboratory experts against METHODS OF IDENTIFYING CRIMINALS
him.
a. By confession or admission of the
Jolting criminal himself

May be applied to calm and nervous b. Identification by accounts or


subjects by constantly observing the suspects, the testimonies of eyewitnesses
investigator chooses a propitious moment to shout
c. Identification by circumstantial
a pertinent question and appear as though he is
evidence
beside himself with rage. The subject may be
unnerved to the extent of confessing: d. Identification by associative evidence

e. Identification by the Method of


Operation (Modus Operandi)
CUSTODIAL
INTERROGATION/INVESTIGATION – is the
questioning of a law enforcement officer on a
person under custody and otherwise deprived of his CONFESSION– is the direct acknowledgement of
freedom or liberty. This is the stage in investigation guilt arising from the commission of a crime.
where there is strict observance of the Miranda
Doctrine. Types of Confession

MIRANDA DOCTRINE – this case which a. Extra-Judicial Confession – those made


entitled Miranda vs. Arizona, is a US Supreme by the suspect during custodial
Court Jurisprudence which laid down the investigation.
constitutional rights of the accused during custodial
b. Judicial Confession– those made by the
investigation. It was incorporated in our 1973
accused in open court. The plea of guilt
Constitution and later in the 1987 Constitution of
may be during arraignment or in any stage
the Philippines.
of the proceedings where the accused
changes his plea of not guilty to guilty.

3. INSTRUMENTATION

It is the application of instruments and ADMISSION– is a self-incriminatory statement by


methods of physical science to the detection of the subject falling short of an acknowledgement of
crimes. In cases where there are no significant guilt. It is an acknowledgement of a fact or
physical evidence to be found, then the use of circumstances from which guilt maybe inferred. It
instrumentation is relatively unimportant. implicates but does not incriminate. It is also an
acknowledgement that a fact, action or
PHASES/STAGES OF CRIMINAL circumstances are true which strongly infer or
INVESTIGATION directly admit guilt but lacks the detail of the
elements of the crime.
1. Identification of criminals
RULES TO BE OBSERVED IN TAKING
CONFESSION OR ADMISSION
What are the procedures of identification by
1. Confession or admission must be taken eyewitness?
preferably in writing and under oath
a. Physical line-up – is a means of
2. It must be written in the language known selecting a suspect from a group of
and understood by the accused, if not it innocent persons usually composed of
must be clearly translated seven to ten persons. The purpose of
line-up is to eliminate the power of
3. It must be freely and voluntary given by suggestion.
the accused
b. Physical show-up – only one person is
4. Under the New Constitution, it must be shown to the witness usually at the
taken in the presence of competent and scene of the crime and made
independent counsel chosen by the immediately after the arrest of the
accused suspect.

KINDS OF CRIMINALS IDENTIFIED BY CIRCUMSTANTIAL EVIDENCE - facts or


WITNESSES circumstances from which, either alone or in
connection with other facts, the identity of the
a. Known criminals
person can be inferred.
b. Unknown criminals
What must be inferred to prove identity by
circumstantial evidence?

Methods of Identification by witness a. Motive – is what induces the criminal


to act
a. Verbal description
b. Intent –is the result or
b. Photographic files (Rogues accomplishment of the act
Gallery)
c. Opportunity –is the physical
c. General Photograph possibility that the suspect could have
committed the crime.
d. Artist sketch (Composite
Criminal Illustration)

The value of identification by eyewitness It could be inferred from the following:


depends on:
a. The suspect could have been in
a. The ability to observe and the vicinity of the crime scene at
remember distinct the time it was committed.
appearance of suspect;
b. Knowledge of the criminal
b. Prevailing condition of objective.
visibility;
c. Absence of an alibi on the part of
c. The lapse of time. the criminal.

PHYSICAL EVIDENCE TO IDENTIFY


CRIMINALS
1. CORPUS DELICTI– is the body of the g. Double crosser informant – to get
crime or fact of specific loss or injury more information from the police.
sustained. It constitutes the essential parts
or elements in the commission of the h. Woman informant – female associate
crime. of the criminals.

2. ASSOCIATIVE EVIDENCE – these are i. Legitimate informant – operators of


the pieces of evidence that will link the legitimate business establishments.
suspect to the crime scene. The suspect
MOTIVES OF INFORMANTS
may leave some clues at the scene such as
weapons, tools, garments or prints. a. Vanity
3. TRACING EVIDENCE – articles which b. Civic-mindedness
assist the investigator in locating the
criminal. Stolen goods in the possession of c. Fear
the suspect in an example of tracing
evidence. d. Repentance

MODUS OPERANDI – is the method of e. Avoidance of punishment


operation by a specific criminal or criminal
f. Competition
syndicate. It is a distinct pattern of how a crime is
committed and is established by a series of crimes g. Revenge
under one classification. The modus operandi of
one criminal is distinct and different from the other. h. Jealousy
It is a criminal trademark, logo or brandname.
i. Remuneration
2. TRACING AND LOCATING THE
CRIMINALS

SURVEILLANCE – is the secret observation of


persons, places,and vehicles for the purpose of
INFORMANT – is a person who gives obtaining information concerning the identities or
information to the police relevant to a criminal case activities of the subject.
about the activities of criminals or syndicates
a. Surveillance of Place (fixed/ stake-
TYPES OF INFORMANTS out)

a. Anonymous informant – do not wish b. Shadowing


to be identified.
c. Roping
b. Rival elimination informant – to
eliminate competition.

c. False informant – reveals information SURVEILLANT – is the person who maintains


of no consequence or value. the surveillance or performs the observation.

d. Frightened informant – motivated by SUBJECT – the person or place being watched or


anxiety. surveyed.

e. Self-aggrandizing – hangs about the KINDS OF SURVEILLANCE


fringes of the criminals.
1. Surveillance of places
f. Mercenary informant – gives
2. Tailing or shadowing
information for a price.
3. Undercover investigation or roping
How to conduct surveillance of place? What are the things that should be avoided
during shadowing?
A careful survey of the surrounding area
should be made. The character of the a. Don’t meet the eye of the subject
neighborhood, residents and transient should be
noted. The observation point should be selected b. Don’t adopt a slinking, sleuthing,
properly. When observation is conducted from a creeping manner
‘plant’, surveillance agents must be extremely
c. Don’t wear story book disguises
careful not to reveal their true activity.
Observation maybe made through a window or d. Don’t carry noticeable items
other aperture so as to be unnoticed from the
outside. Venetian blinds afford the best coverage, e. Don’t greet fellow agents
but may appear to be out of place of some
buildings. An alternative is to lower the roller of f. Don’t make notations ostensibly
draw shades another inch from the window.
How to detect foot surveillance?
Binoculars are generally essentially equipment of
the plants, as they facilitate positive identification A subject who is suspicious of being under
of person entering or leaving the place under and surveillance may resort to trickery in order to verify
observation. A still or video camera with telephoto his suspicion. When a subject resort to such
lens can also be used effectively. Agents should trickery, it is good policy to change agents, for the
take careful notes of what they observe and should suspect may have ‘spotted’ one or more of his
record detailed descriptions of all individuals surveillants.
entering the target. A chronological log is usually
the best of recording pertinent occurrences. a. stopping abruptly and look back

TAILING OR SHADOWING – is the act of b. casually looking around


following a person, depends on the number of
surveillant available, volume of pedestrian traffic c. reversing course/retracing steps
and importance of concealing the surveillance.
d. boarding bus and alighting just before
METHODS OF SHADOWING they start

a. One man –extremely difficult and e. riding short distance on bus


should be avoided, if unavoidable
f. circling the block on a taxi
keep subject in view at all times.
g. entering a building and leaving
b. Two man – two agents are employed
immediately via another exit
to follow the subject.
h. stopping abruptly after turning a
c. ABC method – reduces the risk of
corner
losing the subject, affords greater
security agents detection. i. using convoys
d. Progressive/Leap from method – j. watching reflection in shop windows
poor chances of obtaining good
results, agents are stations at a fixed k. walking slowly and rapidly at
point assuming that subject followed alternate intervals
the same general route each day.
l. dropping a piece of papers to see if
e. Combined foot-auto surveillance – anyone retrieves it
employment of surveillants on foot
and agents in an automobile. m. stopping to tie a shoe string,
meanwhile looking around for
surveillants
n. arranging with a friend in a shop, c. Frequency parking
stores or other places to watch for
surveillants. d. Committing flagrant traffic on one
way streets, and running through red
How to elude foot surveillance? lights

Common method to elude foot e. Stopping suddenly around curves or


surveillance in which surveillants must be prepared corners
and guard against are the following:
f. Pulling into driveways
a. jumping off a bus, trains just as the
doors are about to close g. Speeding up a hill, then coasting
slowly down
b. leaving a building through the rear or
side exits How to elude automobile surveillance

c. losing one self in crowds a. Committing traffic violations

d. entering theaters and leaving b. Using double entrances to driveways;


immediately through an exit in one and out the other

e. pointing out one surveillant to a c. Curbing through parking lots


police to a generally require the agent
d. Driving through congested areas
to explain his action
e. Deserting the vehicle behind curves
f. using decoys
or corners, but permitting the drivers
g. taking the last taxi at a stand to drive on as a decoy.

h. changing clothing

AUTOMOBILE SURVEILLANCE UNDERCOVER INVESTIGATION – is a form


of investigation in which the investigator assumes a
The methods of auto surveillance to be different and unofficial identity in order to obtain
used depends upon the numbers and type of information.
surveillance vehicles available, the volume of
vehicular traffic in the area, the importance of DEFINITIONS
concealing the surveillance from the subject, and
a. Undercover- an investigative
the subject’s estimated ability to detect and elude
technique in which the
surveillance. At all times each vehicle should be
Agent’s/Investigator’s official identity
occupied by at least two agents; one to concentrate
is concealed to accomplish an
on driving, and the other to observe, take notes,
investigative mission.
operate radio equipment, or to dismount and
continue the surveillance on foot. b. Natural cover- using the individual’s
true identity, occupation or
How to detect automobile surveillance
profession.
As in the case of foot surveillance, a
c. Artificial cover- the manufacture of
subject who believes he is being followed may
documents, false documents,
resort to trickery in order to verify his suspicions.
passports, or forged documents.
Some of the common tricks employed:

a. Alternate fast and slow driving


3. GATHERING EVIDENCE
b. Driving into dead-end streets
CRIME SCENE INVESTIGATION
It is the conduct of processes, more
particularly, the recognition, search, collection,
handling, preservation and documentation of 2. The First Responder shall:
physical evidence to include the identification and
a. Cordon off the crime scene with
interview of witnesses and the arrest of suspect/s at
whatever available materials like
the crime scene.
ropes, straws, human barricade,
SOCO (Scene of the Crime Operation) – police line, etc.;
Republic Act6975 as Amended by Republic Act
b. Evacuate injured persons to the
8551 (PNP Law). The former law placed the
nearest hospital;
Philippine National Police Crime Laboratory as an
Operational Support Unit. The Crime Laboratory c. Prepare to take the “dying
established the so-called Scene of the Crime declaration” of severely injured
Operation (SOCO) which is field operation. This is person, if any;
now an innovation because the SOCO now gathers
all evidence at the crime scene and takes custody of d. Prevent entry/exit of persons
them, marking and tagging them which otherwise within the cordoned area; and
the duty of the criminal investigator before.
e. Prepare to brief the investigator
What Constitute a Crime Scene? of the situation upon their arrival.

a. Crime scene can be understood to include


all areas in which the criminal, any
possible victim and any eyewitness move
during the time the crime was committed.
CRIME SCENE INVESTIGATION PROPER
b. The boundaries must be established so that
A. Receipt of Briefing and Designation of
the entire crime scene can be effectively
Command Post
preserved.
Command Post – an area which, is ideally located
c. In some crimes, however, the crime scene
adjacent to the Crime Scene where the CSI
may actually comprise several different
Evidence Custodian stays and receives the pieces
sites.
of evidence turned over to him for safekeeping by
the other evidence collectors.

GOLDEN RULE AT CRIME SCENE B. Initiation of Preliminary Survey (Team


INVESTIGATION Leader of CSI or SOCO)

Never touch, move, or alter any object at the crime a. Makes a general assessment of
scene unless it has been photographed, measured, the scene;
and sketched from any conceivable angle.
b. Takes a cautious walk- through
UPON RECEIPT OF THE CRIME INCIDENT of the crime scene;

1. The Desk Officer shall: c. Takes down extensive note to


document important factors;
a. Record the date and time the
report/complaint was made, the d. Establishes the evidence most
identity of the person who made likely to be encountered;
the report, place of the incident
e. Defines the extent of the search
and a synopsis of the incident.
area;
b. Inform his superior officer or the
duty officer regarding the report.
f. Determines the personnel and a. Measurement
equipment needed and makes
specific assignments; and b. Compass direction

g. From his assessments, he c. Essential items


develops a general theory of the
d. Scale and proportion
crime scene.
e. Legend

f. Title
C. Preparation of Narrative Report

The Team leader uses the systematic approach in


making a narrative report. SPECIFIC KINDS OF SKETCHES
D. Documentation of the Crime Scene a. Sketch of Locality- give picture of
the scene, the crime and its environs,
The photographer begins taking
including neighboring buildings,
photographs as soon as possible. The evidence
roads, etc.
collectors do not touch or moved any evidence
once it is located until it has been identified, b. Sketch of the Ground- picture of the
measured and recorded. scene of the crime with its nearest
physical surrounding.
PHOTOGRAPHING THE CRIME SCENE
c. Sketch in Details – the immediate
The main objective crime scene photography is to
scene only.
create an accurate objective visual record of the
crime scene before any item ismoved as possible d. Exploded/ cross projection – gives
physical evidence. the clear impression of the scene in
cases where blood stains or bullet
holes are found.
MAJOR TYPES OF PICTORIAL VIEWS

1. General View or Long-Range – SKETCHING METHODS


photograph of the over-all scene.
a. Neighborhood sketch
Distance: From the doorway to the room and other
corners of the room b. Elevation Sketch

2. Mid-Range View c. Floor Plan Sketch

Distance: Eight or ten feet from the victim d. Detailed Sketch

3. Close-up View – every physical


evidence must be photographed in
close-up view and for different TYPES OF MEASUREMENTS
angles.
1. Rectangular coordinates method – a
CRIME SCENE SKETCHES sketching method that involves
measuring the distance of an object
A rough sketch is prepared indicating the from two fixed lines at right angles to
actual measurement of things with scale and each other.
proportion observed and oriented to the North Pole.
All necessary information is placed in the sketch. 2. Triangulation method – a sketching
method that requires measuring the
ELEMENTS OF SKETCH
distance of an object along a straight center or vice versa in a clockwise or
line from two widely separated fixed counter clock-wise direction.
reference points.
d. Quadrant of Zone Method – the
3. Baseline method– a sketching area to be searched is divided into
method that makes measurements four quadrants and each searcher is
along from a single reference line, assigned to one quadrant.
called a baseline, which can be
established by using a length of e. Wheel, Radial or Spoke Method – is
string, chalk line, or some other applicable for area which is
convenient means. considered to be approximately
circular or oval. The area is then
4. Compass point method– a sketching divided into six quadrants in a pie-like
method that requires a protractor or fashion.
some method of measuring angles
between two lines. One point is
selected as the origin and a line
E. Notes Taking
extending from the origin becomes an
axis from which the angles can be Note taking must be a constant activity throughout
measured. the processing of the crime scene.Notes must
include:
5. Cross projection method – a
sketching method in which the ceiling a. Detailed written description of the
appears to open up like a lid of a Crime Scene with locations of
hinged box, with the four walls recovered physical evidence;
opening outward. Measurements are
then indicated from a point on the b. The time when the physical evidence
floor to the wall. was discovered;

c. The person who discovered and


collected the physical evidence;
CRIME SCENE SEARCH
d. The time when evidence was
A crime scene search could only be started packaged and marked; and
after it has been photograph and sketched to
systematically look for physical evidence that may e. The disposition of the item when it
prove useful in establishing that a crime has been was collected.
committed and to determine what method of
operation the perpetrator may have used. F. Collection of Physical Evidence

METHODS OF SEARCH The competence to recognize and properly


collect physical evidence is critical to both
a. Strip or Line Search Method – the solving and prosecuting crimes.
searchers will proceed at the same
pace along the path parallel to one The team leader is always informed of
side of the rectangle. significant evidence located. The evidence
collectors shall put his initial, location and date of
b. Double Strip or Grid Method – is a collection on the item and turn it over to the
combination of the strip search and is evidence custodian for documentation and
useful for large crime scene. safekeeping

c. Spiral or Circular Method – the PHYSICAL EVIDENCE – these are the articles
searchers will follow each other in the and materials which are found in connection with
path of a spiral, beginning in the investigation and which aid in establishing the
the outside and spiraling towards the identity of the perpetrator or the circumstances
under which the crime was committed or which, in G. Conduct of Final Survey
general assist in the prosecution of criminal. It
embraces any object, living or inanimate, solid, The team leader makes a final review on
liquid, or gas state. the crime scene to determine whether or not the
processing has been completed.
What are the procedures needed for the care of
physical evidence? H. Release of the Crime Scene

In order to introduce physical evidence in The release of the crime scene is done if
court, three important factors must be considered: the investigator is satisfied that all pieces of
evidence have been recovered. Thus, the
a. The article must be properly identified investigator must evaluate the items recovered from
the results of the interrogations of the suspect/s and
b. Chain of custody must be proved the interview of the witnesses. He must bear in
mind that upon the formal release of the crime
c. The evidence must be material and
scene to the proper authority, the warrant is already
relevant
required for his re-entry to the crime scene.
CHAIN OF CUSTODY

It is the number of persons who handled


and possessed the pieces of evidence the moment
they were collected, marked and tagged, up to the
time of the final disposition of the case.
REVIEW NOTES ON SPECIALIZED CRIME INVESTIGATION 1
WITH LEGAL MEDICINE
Prepared by: Prof. Joselito B Barba

Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Explain, use and organize the principles, techniques, methods, and legal
requirements of the following; Crime Scene search for each Crime falling
under Crime against persons of the Revised Penal Code and relevant
Special Penal Laws;
2. Examine and understand the following: types and classification of open and
closed wounds, including defense wounds, gunshot wounds, sexual
assault/rape related wounds; the type of weapon/instrument used that
caused the wound/injury; characteristics of wound and healing periods of
wounds; changes in the body of the dead person; poisoning and the
characteristics/changes of the human body due to poison; types, degrees or
characteristics of burned, scald, frostbite; other related and relevant forms
of injury
3. Examine, carryout, and organize the evidence, testimony, and documents
required to prepare and process in the filing of cases for each specific crime
falling under Crime Against persons under the Revised Penal Code and
relevant Special Penal Laws;

INTRODUCTION 1. To discover whether an offense has


Special Crime Investigation deals with the been committed under the law.
study of major crimes based on the application of 2. To discover how it was committed
special investigative technique. 3. Who committed it and by whom it
The study concentrates more on physical was committed
evidence, its collection, handling, identification and 4. When it was committed
preservation in coordination with the crime 5. And under certain circumstances why
laboratory. Special Crime Investigation involves a it was committed
close relationship between the prober in the field
and the crime laboratory technician. They work Responsibilities of a Homicide Investigator
together as a team, reacting to and extending one 1. When called upon to investigate
another’s theories and findings both working violent death, he stands on the dead
patiently and thoroughly to solve a crime from their man’s shoes to produce his instincts
investigative discoveries. against those suspects.
The present criminal justice system in our 2. The enthusiasm and intelligence the
country, the court relies more on physical evidence investigator brings in the case marks
rather than extra-judicial confession. the difference between a murderer
being convicted and set free.
HOMICIDE INVESTIGATION 3. If he interprets a criminal death
Homicide Investigation is the official accidental or natural, a guilty person
inquiry made by the police on the facts and is set free.
circumstances surrounding the death of a person 4. Remember that the police is the first
which is expected to be unlawful. line of defense in the effective
Primary Job of the Investigator application of criminal justice.
These rules shall be applicable, under the
Mistakes in the Homicide Investigation same circumstances, to parents, with respect to
1. The mistakes of the homicide their daughters under eighteen years of age, and
investigator cannot be corrected. their seducer, while the daughters are living with
2. The homicide investigator should not their parents.
cross the three bridges which he burns Any person who shall promote or facilitate
behind him. It is important that prostitution of his wife or daughter, or shall
competent personnel adequately otherwise have consented to the infidelity of the
handle the case. other spouse shall not be entitled to the benefits of
this article.
Three Bridges: Penalty:Destierro(prohibition to enter the place or
a. The dead person has been places designated in the sentence, nor within the
moved radius therein specified, which shall be not more
b. The cadaver is embalmed than 250 and not less than 25 kilometers from the
c. The body is burned or place designated.
cremated Art. 248. Murder– Any person who, not falling
with the provisions of Article 246, shall kill
Basic Guide for the Investigator to look upon is to another, shall be guilty of murder and shall be
establish the following: punished by reclusion perpetua to death, if
1. Corpus delicti or facts that crime was committed with any of the following attendant
committed circumstances:
2. Method of operation of the suspect 1. With treachery, taking advantage of
3. Identity of the guilty party superior strength, with aid of armed
Title Eight men, or employing means to weaken
CRIMES AGAINST PERSON the defense or of means or persons to
(Destruction of Life) insure or afford impunity;
Art. 246. Parricide – Any person who shall kill 2. In consideration of a price, reward or
his father, mother, or child, whether legitimate or promise;
illegitimate, or any of his ascendants or 3. By means of Inundation, fire, poison,
descendants, or his spouse, shall be guilty of explosion, shipwreck, stranding of
parricide. vessel, derailment or assault upon a
Penalty: Reclusion Perpetua (20 years and 1 day to railroad, fall of an airship, or by
40 years imprisonment) to death. means of motor vehicles or with the
Elements: use of any other means involving
1. That a person is killed. great waste and ruin;
2. That the deceased is killed by the accused. 4. On occasion of any of the calamities
3. That the deceased is the father, mother, or of an earthquake, eruption of a
child, whether legitimate or illegitimate, or volcano, destructive cyclone,
a legitimate other ascendant or other epidemic or other public calamity;
descendant, or the legitimate spouse, of 5. With evident premeditation;
the accused. 6. With cruelty, by deliberately and
Art. 247. Death or physical injuries inflicted inhumanly augmenting the suffering
under exceptional circumstances– Any legally of the victim, or outraging or scoffing
married person who, having surprised his spouse in at his person or corpse.
the act of committing sexual intercourse with
another person, shall kill any of them or both of Penalty: Reclusion perpetua (20 years& 1 day to
them in the act or immediately thereafter, or shall 40 years imprisonment) to death.
inflict upon them any serious physical injury, shall Elements of murder:
suffer the penalty of destierro. 1. That a person is killed.
If he shall inflict upon them physical 2. That the accused killed him.
injuries of any kind, he shall be exempt from
punishment.
3. That the killing was attended by any of the motivation and identity of the perpetrator. In order
qualifying circumstances mentioned in to resolve these fundamental questions, the
Article 248. investigation will focus on the cadaver, crime scene
4. The killing is not parricide or infanticide. and post mortem examination.
The cadaver is often of prime importance
TREACHERY as an investigative factor. The victim’s body can
Plain and simple, there is treachery if the offended reveal much through examination of wounds and
party was not given opportunity to make a defense. other types of tracing clues that may be present.
MEANING OF PREMEDITATION
Premeditation is the act of mediating in Establishing the Facts of Death
advance; deliberation upon a contemplated act; a The first essential step of the homicide
design form to do something before it is done. investigation is to establish that the victim is,
The essence of premeditation is that the indeed, dead. Police officers do not have the legal
execution of the criminal act must be preceded by authority to pronounce death, only
COOL THOUGHT and REFLECTION upon the physicians/medical doctor can establish the fact of
resolution to carry out the criminal intent during the death. For this reason, the police officer should
space of time SUFFICIENT to arrive at a calm never assume death unless the condition of the
judgment. victim’s body demonstrates death in a totally
There is no evident premeditation without proof of obvious manner.
planning. A. Death – death is defined as the absence of
life in a living matter.
EVIDENT – Clear to the eye or judgment. B. Kinds of Death
ART. 249. Homicide – Any person who, not 1. Somatic Death – Clinical Death
falling within the provisions of Article 246 It is a complete, continuous, persistent cessation of
(Parricide) shall kill another, without the respiration, circulation and almost all brain
attendance of any of the circumstances enumerated functions of an organism. It is usually pronounced
in the next preceding article (Article 248), shall be by a physician or other members of the family.
deemed guilty of homicide. 2. Molecular Death- Cellular Death
It is the cessation of life of the individual cells in
Penalty:Reclusion temporal (12 years& 1 day to the whole body, which occurs one at a time after
20 years imprisonment) somatic death.
ART 255 .Infanticide 3. Apparent Death – State of Suspended
The killing of a child less than three days Animation
of age, whether the killer is the parent or It is the state of temporary cessation of vital
grandparent, any other relative of the child, or a activities of the body or vital processes were
stranger. depressed to the minimum compatible with life.
Penalty: This condition is not actually death although
1. The penalty provided in parricide and murder classified under the kinds of death, because the
shall be imposed. person or organism is still alive although it seems
2. If the crime penalized in this article be that there are no signs of life.
committed by the mother of the child to conceal C. Signs of Death
dishonor, she shall suffer the penalty of prision 1. Cessation of respiration
mayor (6 years & 1 day to 12 years imprisonment) 2. Cessation of Heart Beating and
in its medium and maximum periods. If committed Circulation
by maternal grandparents or either of them, the 3. Cooling of the body
penalty shall be reclusion temporal (12 years& 1 4. Insensibility of the body and loss of
day to 20 years imprisonment). power to remove
HOMICIDE INVESTIGATION PROCEDURES 5. Changes in the eyes
Criminal Investigation of homicide is a 6. Changes in the skin
discovery process. The investigator seeks to
discover and document such facts as type of death, Identifying the Cadaver
identity of the deceased, cause of death and
Establishing the identity of the victim is important, 5. Condition of hair
it will provide tracing clues to the motive and 6. Mouth
identity of the perpetrator, with the identity known, 7. Body built
the investigator can focus attention on the victim’s 8. Height
background and establish a possible motive through 9. Weight
such information. Victims encountered in indoor 10. Complexion
scenes will normally have identifying data on the 11. Hands and feet
body, or such data will be available throughout the 12. Teeth
crime scene. In outdoor scenes, such evidence is 13. Clothing
normally not as readily available, since the victim 14. Ornamental
is removed from the personal environment and also 15. Personal belongings
outdoor scene may not be discovered for long 16. Identification from spouse, parents,
period of time; thus evidence may be destroyed by relatives and friends
elements of nature or will be lost. If there are no 17. Files from the police and other law
identifying papers on the victim’s person, enforcement agencies
fingerprint should be used as means of 18. Occupational mark
identification. If fingerprint identification is 19. Race
unsuccessful, the investigator must rely on other 20. Tattoo marks
methods to establish identity. 21. Deformities
Dental structures are highly resistant to destruction, 22. Birth marks
and are frequently useful when the other portions of 23. Physical defects leaving permanent
the body are totally decomposed (Forensic results such as amputation and
Odontology). The skeletal remains of the victim improper union of the fractured bones
may also help to determine identity, as well as yield 24. Moles
other types of information. If bone fractures are 25. Scars
noted, they may be used to identify the deceased, 26. Tribal marks
but if only corresponding medical records can be 27. Sexual organ
located. The widths of the pelvic bones are 28. Blood grouping
excellent indicators of the victim’s sex;
Determination of the victims age maybe more Determination of Time of Death (Death
difficult, in that the victims past the age of eighteen Estimates)
years have generally achieved their maximum A determination of the time of death
skeletal growth. However, general age should be attempted in all homicide investigations.
determination can be established via dental This fact is significant because of its investigative
structure. importance in corroborating or disputing alibis, or
A. Points Taken into Consideration when in establishing the victim’s movements prior to
Finding Human Dead Body death. Determining death is not an exact science.
Elsewhere: POST-MORTEM CHANGES
1. Place where the body was found 1. POST-MORTEM LIVIDITY (Livor
2. Date and time when found Mortis)– Discoloration of the body after
3. Cause of death death; setting of blood in the dependent
4. Time when death occurred portions of the body following death).
5. Approximate age It is a reddish purple to purple coloration in
6. Possible occupation dependent areas of the body due to accumulation
7. Complete description of the body of blood in the small vessels of the dependent areas
secondary to gravity. This pooling of blood begins
B. Points to be Considered in Identifying immediately after death and becomes fixed in
a Person approximately 8-12 hours. The investigator can
1. Face press on the skin in the dependent regions and if
2. Eyes the skin blanches, death has probably occurred
3. Nose less than 12 hours. This becomes fixed after a
4. Head while and can tell if the body has been moved. This
is not a reliable indicator of time of death. This is a in the muscle groups or stiffening of the body after
better indicator of whether the body has been death due to the disappearance of Adenosine
moved since death. Triphosphate (ATP) from the muscle.
- Rigor mortis disappears with
The Color of Lividity may Indicate the Cause of decomposition.
Death: - Cold and/or freezing will delay the onset
1. Carbon monoxide poisoning/ of rigor mortis as well as prolong its presence
cyanide – cherry red to pinkish - Involves all muscles the same time at the
color same rate. It appears first in the smaller muscles
2. Asphyxia – dark lividity such as the jaw and then gradually spread to upper
3. Phosphorous poisoning – dark and lower extremities.
brown - Instantaneous rigidity can also be found
following ingestion of cyanide and strychnine
TYPES OF LIVIDITY poison.
1. Hypostatic – Blood is still in fluid form Rigor Mortis has duration of 24 to 48
inside blood vessel; change as position of hours in the Philippines and other tropical countries
the body changes. Blood remains fluid in and 36 to 48 hours during summer in the same.
the blood vessel for 6- 8 hours. 3. ALGOR MORTIS(Cooling of the body)
The body cools following death at
2. Diffusion– Coagulated inside blood approximately 1.5 degrees F per hour, under
vessel; Change in position will not change normal conditions and assuming the body’s
its location. temperature at death is 98.6 degrees F (37 degrees
C).
Importance of Post-Mortem Lividity Factors Affecting Algor Mortis:
1. It is a sign of death 1. Illness
2. It enables the investigator to estimate 2. Clothes
the time of death 3. Obesity
3. It determines the position of the body 4. Room temperature
after death
4. It may indicate the cause and manner 4. ONSET AND STAGE OF
of death DECOMPOSITION
Characteristics of Post-Mortem Lividity Decomposition is the action of bacteria on
1. It occurs in the most extensive areas the dead body. The onset of decomposition is 1 to 2
of the most dependent portion of the days after death and then finally the dead body
body. becomes skeletal remains in months considering
2. It involves the superficial layer of the the factors that influence the rate of putrefaction.
skin, lungs, intestines, kidneys, and 5. LIFE CYCLE OF FLIES
brain. The eggs of ova laid by the flies on the
3. Color is uniform in the tissues. dead body will hatch to form maggots within 24
4. It is not elevated from the skin, lungs, hours. The maggots will feed vigorously on the
intestines, kidneys and brain. damaged dead body, then transform into pupal
5. There is no injury to the tissues. stage and finally into adult flies within a few days.
6. The color may appear and disappear 6. CHANGES IN THE BLOOD
in the tissues by shifting the position The blood remains fluid in the body after
of the body in the earlier stages of death after 6-8 hours. After which it gradually
death. clotted or coagulated in a slow process until 12
hours wherein the lividity is already fully
2. POST MORTEM RIGIDITY (Rigor developed.
Mortis) 7. CHANGES IN STOMACH
Stiffening of the body which occurs 2-6 hours after It usually takes three to four hours for the
death and is characterized by hardening of the stomach to empty its contents after meals.
muscles; the chemical reaction that causes rigidity Examination of the Cadaver at the Crime Scene
External post mortem appearances are damage is due to explosive gases which precede the
very informative. The areas of the body showing projectile at close range. In some investigations
lividity indicate the position after death. Wounds involving firearms, a determination of whether the
and their appearance are particularly significant as death was a homicidal, suicide or accidental is
they often assist in reconstructing the difficult. In making such determination, the
circumstances of a crime, the nature of the murder distance of the discharge is of great importance.
weapon and the manner of its use. Majority of suicidal and accidental gunshot cases,
Defense wounds are the result of a arm’s length discharges are involved. Accordingly,
person’s instinctive reaction of self-protection. It if the wound indicates discharge beyond the
may be found on the hand in the effort of the victim victim’s length, homicide is indicated.
to grasp the wounding instrument or by raising the The location of the wound may also serve
hand to protect the vital parts of the body. Absence to rule out suicide. If the wound is located in an
of defense wound does not eliminate the possibility area of the body that is relatively inaccessible to the
that the victim made some form of defense. victim, homicide is indicated. It is also unusual for
Common External Injuries Sustained by the Victim a suicide wound to be inflicted in an area other than
from Homicidal Attack the head of chest. However,there have been a
a. Contusion – an injury in the substance of number of suicide cases involving wounds in
the skin, discoloration of the surface due extremities. The presence or absence of a “suicide
to extravasation of blood. This is due to note” is a poor indicator of suicide or homicide.
the application of a blunt instrument. Two Types of Wounds:
b. Hematoma – this is the extravasation of 1. entrance wound (POE)
blood in the newly formed cavity. 2. exit wound (POX)
c. Abrasion – an open wound characterized
by the removal of the epithelial layer of Determination whether the wound is suicidal,
the skin brought about by the friction homicidal, or accidental
against hard, rough object. A. Evidence to prove that gunshot wound is
d. Incised wound – produced by forcible suicidal:
contact on the body by sharp edge 1. The fire is usually in contact or near
instrument. contact, as shown by the presence of
e. Stab wound – produced by the forcible burning, singeing and tattooing of the area
application and penetration of a sharp around the gunshot wound.
instrument. 2. The presence of usually but one gunshot
f. Punctured wound – penetration of a sharp wound. In most cases, after a shot,
pointed weapon especially at the head, the victim can no
g. Lacerated wound – tearing of the skin due longer voluntarily act to inflict another
to forcible contact of a blunt instrument. shot.
3. Portions of the body involved are those
Evidence to Show the Fatal Effects of the accessible to the hand of the victim
Wound utilized in committing suicide, he will not
1. Amount of hemorrhage think of the difficult way of ending his
2. Size of the injury sustained life unless he has the intention of
3. Organs and parts of the body involved deceiving the investigators.
4. Mechanical effects on vital organs 4. History of despondency, family problem
which may cause him to commit suicide.
Gunshot Wounds
All gunshot wounds result from the entry B. Evidence to show that the wound is accidental:
of a projectile into the body, and the frequent 1. Usually there is but one shot.
presence of undispersed explosive gases. The 2. There is no special area of the body
relative size and appearance of the wound will be involved
affected by the distance from which the weapon 3. Testimony of the witnesses
was discharged. Generally, the closer the
discharged to the skin, the greater the damage. This C. Evidence to show that the wound is homicidal:
1. The site or sites of the wound of entrance ligature. Ligature used may be rope, chain, wires,
has no point of election. vines, rolled clothing.
2. The fire is made when the victim is SUICIDES
usually some distance away from the Ways of Committing Suicide
assailant 1. By cut-throat
3. Signs of struggle/ defense wound maybe 2. By puncturing the left breast
present in the victim. 3. By gunshot
4. There maybe disturbance of the 4. By hanging
surrounding on the account of the previous 5. By drowning
struggle. 6. By poisoning
5. Wounding firearm is usually not found at
the scene of the crime ACCIDENTAL DEATH
6. Testimony of the witnesses Is death which occurs beyond the sway of ones will
and although it comes about through some act of
DEATH BY HANGING AND will, lies beyond the bounds of human forceable
STRANGULATION consequences.
Determination whether hanging is suicidal, How Accidental Deaths Occur
homicidal, or accidental 1. Examination of the body revealed marked
1. Hanging – is a state of injury or death of tearing of the wearing apparel, burns of
the body whereby the ligature tightened different degrees on the skin surface,
around the neck by the suspension of the wounds of almost any description and
body. almost the whole body is affected by the
injury.
A. Suicidal Hanging – in death by hanging, 2. History of a thunderstorm that took place
it is usually suicidal unless proven in the area.
otherwise. Some evidence to prove are the 3. Evidence of the effects of lighting are
following: found in the vicinity, like damages to
1. Accessible materials used for ligature house, tress, etc.
like rope, rolled beddings, or wires. 4. Metallic articles are fused or magnetized.
2. Identification of the fibers from the 5. Absence of wound or other injuries
rope in the hands of the victim. indicating suicidal or homicidal death.
3. Evidence of movement of the rope on 6. Fusion of glass materials in the
the beam or anchorage from upward neighborhood on account of extreme heat.
and downward as the body has been
suspended. ELECTROCUTION
B. Homicidal Hanging Accidental Electrocution
1. Presence of defense wound in the 1. Presence of high voltage wire at the scene
body of the victim. of death.
2. Presence of blood stains and other 2. Body surface injuries as probably site of
injuries to the body of the victim. entrance and exit of electric current.
3. Presence of signs of struggle in the 3. Death develops suddenly as victim not
clothing, furniture, beddings, and able to get away from the place of
others. electrocution.
4. Nature of the window, curtains, and 4. Absence of evidence to show suicidal or
doors. homicidal.
C. Accidental hanging is not common.
ROBBERY INVESTIGATION
2. Strangulation Article 293 – Robbery in General
Strangulation by ligature is usually Any person who, with intent to gain, shall
homicidal and is done by tying the ligature around take any personal property belonging to another by
the neck and the two ends pulled in the opposite means of violence or intimidation of any person, or
direction in such a manner that tightens the
by using force upon anything shall be guilty of b. Name of the real owner is not
robbery. essential so long as the personal
Elements of Robbery property taken does not belong to
1. That there be personal property the accused except if crime is
belonging to another; robbery with homicide.
2. That there is unlawful taking of that property; c. Taking of personal property –
3. That the taking must be with intent to gain; and must be unlawful; if given in
4. That there is violence against or intimidation of trust – estafa.
any person, or force upon things. d. As to robbery with violence or
How robbery with force upon things is intimidation – from the moment
committed? the offender gains possession of
The malefactors shall enter the house or the thing even if offender has had
building in which the robbery was committed by no opportunity to dispose of the
any of the following means: same, the unlawful taking is
1. Through an opening not intended for complete.
entrance e. As to robbery with force upon
2. By breaking any wall, roof, floor or things – thing must be taken out
breaking any window or door. of the building.
3. By using false key or picklocks f. Intent to gain – presumed from
4. By using fictitious name or unlawful taking – intent to gain
pretending the exercise of public may be presumed from the
authority unlawful taking of another’s
5. By breaking of doors, wardrobes, property. However, when one
closets or any kind of locked or sealed takes a property under the claim
furniture or receptacle of ownership or title, the taking is
6. By taking such furniture or objects not considered to be with intent
away to be broken or forced open to gain. (U.S. vs. Manluco, et. al.,
outside the place of robbery. 28 Phil.360)
g. When there’s no intent to gain
General Types of Robbers but there is violence in the
1. Amateurs – motivated by greed, the taking- grave coercion.
desire for a thrill and self-testing. h. Violence or intimidation must be
2. Professionals – are those person who against the person of the offended
worked as robbers as a trade making party, not upon the thing.
it their living and having no other i. General rule: violence or
means of income. intimidation must be present
Note: Robbery – This is the taking or personal before the “taking” is complete.
property belonging to another, with intent to gain, Exception: when violence results in-homicide,
by means of violence against, or intimidation of rape, intentional mutilation or any of the serious
any person, or using force upon anything. physical injuries in par. 1 and 2 of ART. 263, the
Two Kinds of Robbery: taking of property is robbery complex with any of
1. Robbery with violence or this crime under ART. 294, even if taking is
intimidation; and already complete when violence was used by the
2. Robbery with force upon things. offender.
a. Belonging to another – person j. Use of force upon thing –
from whom property was taken entrance to the building by means
need not be the legal owner, described and ART. 299 and 302
possession is sufficient. The (Offender must enter). The other
property must be personal kind of robbery is one that is
property and cannot refer to real committed with the use of force
property. upon anything in order to take
with intent to gain, the personal
property of another. The use l. Develop informants in the local
force here must refer to the force underworld who are aware of the
employed upon things in order to activity of robbery, particularly the
gain entrance into a building or a activity of the semi-skilled amateur
house. (People vs. Adorno, C.A. groups. (usually the addict-robber)
40 0.G.567). m. Conduct a surveillance of likely
k. When both violence or fences and uncover and trace back
intimidation and force upon stolen property from its receiver to the
things concur – it is robbery with robber.
violence. n. Conduct surveillance of known
burglars to ascertain if they are
Robbery and Theft, compared. presently committing robbery.
a. Both robbery and theft involved o. Accumulate information on various
unlawful taking as an elements; types of robber, the known and
b. Both involve personal property newcomers whether they are in or out
belonging to another; of prison, whether they are active.
c. In both crimes, the taking is done p. Be alert on a modified modus
with intent to gain; operandi.
d. In robbery, the taking is done q. In cases where homicide is
either with the use of violence or committed, follow the pattern of
intimidation of person or the homicide investigation.
employment of force upon
things; whereas in theft, the Physical Evidence to be collected:
taking is done simply without the 1. Footprints
knowledge and consent of the 2. Fingerprints
owner. a. Areas of break
b. Closets – prints may be
Investigative Techniques in Robbery cases: found in door and jams
a. The investigator must initiate similar c. Door knobs
preliminary steps upon reaching the d. Dressers
crime scene. e. Pieces of furniture
b. Determine the point of entrance and f. Bottles and glasses
point of exit by the perpetrator. g. Walls
c. Determine the value of stolen articles. h. Tools
d. The full and detailed description of i. Desks
the stolen articles. 3. Clothing – sometimes the robbers
e. Gather physical evidence. exchange their own jackets with that
f. Determine the modus operandi of the one found.
perpetrator as it would give leads in 4. If a window was broken in effecting
the identification and arrest of the entry, glass particles maybe presents
suspect. in the trouser cuffs and pockets of
g. Full and detailed description of a get- suspect. Samples of broken glass
away vehicle if any, or vessel, boat in should be collected for possible future
cases of piracy. comparison in the event that a suspect
h. Coordinate with other law is picked up.
enforcement agencies. 5. Paint- if a crowbar has been used to
i. Exploit investigative leads. force the window, paint may adhere
j. Written testimony of the complainant to the tool. Paint samples should be
witness. taken for future comparison.
k. Accumulate clues and traces at the 6. Tool marks
scene of a crime which will serve to 7. Tools
identify the offender.
8. Observed odd behavior patterns in the Elements:
crime scene 1. That the offender is a private
9. Cords and ropes used individual;
10. Firearms used 2. That the kidnaps or detains another,
11. Means of escape or in any other manner deprives the
latter of his liberty;
Anti-Piracy and anti-highway robbery law of 3. That the act of detention or
1974 (P.D. 532) kidnapping must be illegal;
Piracy – any attack upon or seizure of any vessel, 4. That in the commission of the
or taking away of the whole or part thereof or its offense, any of the following
cargo, equipment or the personal belonging of its circumstances is present:
complements or passengers, irrespective of value a. That the kidnapping of
thereof, by means of violence against or detention lasts for more than
intimidation of persons or force upon things, 3 days
committed by any persons, including a passengers b. That is committed simulating
or member of the compliments of said vessels in public authority
Philippine waters. c. That any serious physical
injuries are inflicted upon
Highway Robbery/ Brigandage – the seizure of person kidnapped or
any person for ransom, extortion or other unlawful detained of threats to kill
purposes, or the taking away of the property of him are made; or
another by means of violence against or d. That the persons kidnapped
intimidation of persons or force upon things of is a minor, female, or a
other unlawful means committed by any person or public officer.
any Philippine highway.
Any private individual who shall kidnap or detain
Anti-Cattlle Rustling Law of 1974 (P.D. 533) another, or in any other manner
Cattle Rustling – Is the taking away by any means, deprives him of his liberty.
methods or scheme, without the consent of the The perpetrator shall suffer the penalty of
owner/raiser, or any of the above animals (cow, reclusion perpetua to death if:
carabao, horse, mule or other domesticated member 1. The kidnapping or detention shall
of the bovine family) whether or not for profit or have lasted for more than five days.
gain, or whether committed with or without 2. Committed by simulating public
violence against or intimidation of any person or authority.
force upon things. It includes the killing of large 3. Any serious physical injuries shall
cattle, or taking its meat or hide without the consent have been inflicted upon the person
of owner/raiser. kidnapped or detained or if threat to
kill shall have been made.
Anti-fencing law of 1979 (P.D. 1612) 4. The person kidnapped or detained
Fencing – is the act of any person, who, with intent shall be a minor, female or public
to gain, for himself or for another shall buy, officer.
possess, keep, acquire, concealed, sell or in any
other way, deal on any articles, items, objects, or The penalty shall be death where the kidnapping or
anything of value which he knows to have been detention was committed for the purpose of
derived from the proceeds of crime or robbery or extorting ransom from the victim or any other
theft. person, even if none of the circumstances above
Fence – includes any person, firm, organization, mentioned were present in the commission of the
association or corporation or partnership and other offense.
organization who/ which commits the act of Important factors in Kidnapping Cases:
fencing. 1. The safe return of the victim
Article 267 – Kidnapping and Serious Illegal 2. Identification and apprehension of the suspect
Detention Initial Investigative Procedures:
1. Thorough interview of the victim if Phase II. After the victim has been returned or the
already released. body has been located.
2. Search of the crime scene After the victim has been returned dead or
3. Interview of the possible witnesses alive, the investigation changes, an all-out
4. Checking the modus operandi investigation are conducted in accordance with the
5. Possible identification through the second objective, to identify and apprehend the
photographic files suspects. Investigative procedure includes:
6. Coordination with other law 1. Thorough interview of the victim.
enforcement agencies All details should be obtained.
3. Re interview all witnesses
4. Conduct surveillance
5. Determine whether the kidnapper is
Kidnapping where ransom is involved: familiar with the victims, residential
Phase I. area, habits and financial status.
When a complaint is received, the family of the 6. If the victim is dead follow the pattern
victim is requested to remain in touch to of homicide investigation
accumulate information needed. The following
types of information must be taken: Pointers to be considered in Kidnapping Cases:
1. How the demand was made 1. Remember that kidnap for ransom
2. Request the family to refrain from gang must be treated as witty,
divulging the contents of the letter, experienced and dangerous armed
note or call to anyone except to the criminals.
police authorities. 2. Any slightest mistake on the part of
3. Emphasize the importance of news the police would mean death of the
blackout as essential to the victim’s victim
safety 3. Initiate secrecy discipline not only on
4. Obtain and preserve the ransom note the victim’s family but also within the
for laboratory examination. police.
5. Determine if the family intends to pay 4. Experienced, trusted personnel must
the ransom, investigators should be utilized
avoid giving the opinion as to ransom 5. Equipped with sophisticated
payments communication system
6. Find ways and means to verify if the
victim is still alive. Problems in the Investigation of Kidnapping Cases:
7. Conduct family background 1. Out of fear, the family of the victim
investigation does not want to cooperate with the
8. Conduct covert investigation of police.
household helpers 2. The case is only reported after payoff
9. Arrange for wiretapping operations in of the ransom money or the victim
accordance with RA 4200 had been found dead.
10. Establish possible motives
REVIEW NOTES ON SPECIALIZED CRIME INVESTIGATION 2
WITH INTERROGATION AND INTERVIEW
Prepared by: Prof. Joselito B Barba

Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Explain, use and organize the principles, techniques, methods, and legal
requirements of the following; Crime Scene search for each Crime falling
under Crime Against Property of the Revised Penal Code and relevant
Special Penal Laws;
2. Examine, carryout, and organize the evidence, testimony, and documents
required to prepare and process the filing of cases for each specific crime
falling under Crimes Against Property of the Revised Penal Code and
relevant Special Penal Laws;
3. Explain, use and understand the principles, techniques, methods, types,
kinds, and legal requirements of the following: Interview; Interrogation;
Symptoms of Guilt; kinds, types, and characteristics of subjects under
Interrogation or Interview; types, kinds, knowledge, and skills of the
interviewer, and interrogator; Confession, Admission, and deposition.

SPECIAL CRIME INVESTIGATION WITH 1. identify the criminal


INTERVIEW AND INTERROGATION 2. locate the offender; and
3. provide evidence for the offender’s
guilt.
WHAT IS CRIMINAL INVESTIGATION?
It is derived from the Latin word Five Functions of Criminal Investigators
“INVESTIGATUS”, which means to trace or to 1. Identification of Evidence
track. Literally means the act or process of 2. Collection of Evidences
careful inquiry or research; and or the 3. Preservation of Evidences
systematic examination of some scientific 4. Evaluation/Processing of Evidences
detail or question whether by experiment or (SOCO - Crim Lab)
mathematical treatment. 5. Presentation of evidences and the
INVESTIGARE a Latin word, which means to Criminal case, Court
track or look into for traces.
VESTIGIUM which means footprints Modes of Criminal Investigation
Criminal Investigation – is an art which deals 1. Reactive Response acting in response
with the identity and location of the offender to a situation rather than creating or
and provides evidence of his guilt in criminal controlling it.
proceedings.
WHO IS A CRIMINAL INVESTIGATOR? 2. Proactive Response creating or
is the person who is charged with the duty of controlling a situation by causing something
carrying the objectives of investigation such to happen rather than responding to it after it
as: has happened.
their efforts to identify original sources of
3. Preventive Response - designed to data or causes of problem
keep something undesirable or harm, or
accidents from occurring. 6. Investigative Reporting a recent
practice pursued by the members of the
WHO CONDUCTS INVESTIGATION? press/media on their own initiative. It is
1. FICTITIOUS INVESTIGATORS not real designed to serve a dual purpose:
or true, or having been fabricated a. to attract readers/viewers, and
b. to get to the roots of a problem.
2. GOVERNMENT INVESTIGATORS prober - investigator
Examples of this category of investigators are sleuth - detective
the police investigators (PNP, CIDG, NBI
Agent) and BIR Inspectors). A. ETYMOLOGY OF INVESTIGATION
1. The term came from the Latin word
3. PRIVATE DETECTIVES these are hired INVESTIGARE (vestigare in some books) which
private people who conduct investigations means “to track or to look into for traces”.
either directly or indirectly, such as those
employed by government and private 2. Fundamentally, it may have been
attorneys to called information or evidence. derived from VESTIGIUM, another Latin word
which means footprint. (MS Encarta
6 TYPES OF INVESTIGATION Reference Library, 2009)
1. Formal Investigation it is usually done
by the police to discover facts concerning a 3. Criminal Investigation came from the
civil or criminal case. Latin ter Investigat, which means “to inquire
or to discover” during the 5th century
2. Inquest it is used to describe a form of (Microsoft® Encarta® 2008. © 1993-2007
judicial inquiry. It is conducted by public Microsoft Corporation).
prosecutors to determine of legal grounds
(probable cause) exist in filling a criminal
complainant/case against a person.
B. DEFINITION OF TERM
3. Inquisition it simply refers to any
penetrating investigation concerning a 1. Investigation refers to the process of
religious issue. carrying out a detailed examination or inquiry
usually in official manner, to discover
4. Probe it is an extensive, searching something or somebody.
inquiry conducted by the government.
However, it is often associated with 2. Criminal Investigation is a logical process of
committees, usually in the form of legislative collection and analysis of facts about persons,
inquiries. Examples are the investigation things and places relative to a crime. It
conducted by the Senate Blue Ribbon includes:
Committee.
a. Identification of the guilty party
5. Research it refers to careful, patient, b. The location of the whereabouts of
investigation done by scientists or scholars in the guilty party, and
c. Providing admissible evidence to 7. The Keen Power of Observation and
establish the guilt of the parties involved in Description
the crime. 8. Courage is the moral fortitude to tell
the truth no matter who will be hurt.
3. Criminal investigation is an undertaking 9. Working Knowledge of laws
that seeks, collects, and gathers evidence of a 10. The power to “read between the
crime for a case or specific purpose. lines.” This is the ability of the investigator to
interpret the words or phrases encountered in
C. CRIMINAL INVESTIGATION the process of investigation.
1. an art based on intuition and 11. Working knowledge of martial arts
sometimes by chance. and firearms proficiency
2. a science because it involves the
application of knowledge of forensic sciences.
3. a process because it involves DESIRABLE TRAITS OF THE INVESTIGATOR
systematic procedure. 1. Superior Reasoning Ability is the ability to
analyze logically a multitude of facts and
THE CRIMINAL INVESTIGATOR determine how they interrelate is basic to the
Criminal investigator is the superstar in the investigative process.
process of investigation. He must be capable
of observation and a rational thinker. Many
times, a police investigator is being tested
with his discretion. Elements from the foundation of the critical
ROLES OF INVESTIGATOR thinking process:
1. Determine whether a crime has been a. Differentiating between fact and
committed opinion.
2. Identify the victim/s and the offender b. Determining cause-and-effect
3. Locate and apprehend the accused relationships
4. Present evidence of guilt for the c. Determining the accuracy and
suspect/s completeness of information presented.
5. Assist in case follow-up d. Recognizing logical fallacies and faulty
reasoning.
QUALITIES OF A CRIMINAL INVESTIGATOR e. Developing inferential skills through
1. Perseverance - bring the desired deductive or inductive reasoning
conclusion in spite of obstacles.
2. Endurance is the ability to last 2. Imagination and Curiosity
physically and mentally. a. Imagination means forming mental
3. Incorruptible Honesty and Integrity. images of what is not present.
4. The intelligence and Wisdom of b. Curiosity is the desire to learn by
Solomon. Investigator could easily decipher being inquisitive.
falsehood from truth and separate the gain
from the chaff. 3. Intuition this is the immediate
5. Acting Ability is the ability to go down apprehension or cognition – quick and ready
to the level of different types of individuals. insight without the conscious use of
6. Mastery of the Oral and Written reasoning.
Communication
4. Observational Ability under most arrest or detention, as distinguished from
circumstances, the investigator will use the fugitive from justice.
sense of seeing and hearing, the former being
the more significant. C. THE FOUR PHASES OF CRIMINAL
INVESTIGATION
5. Organizational Ability the police 1. The identification of criminal.
investigator is continually processing various 2. The criminal is traced, located and
types of information. arrested.
6. Legal Knowledge today’s investigator must 3. The facts or evidence to prove the
possess a solid grounding in criminal and to a guilt of the accused are gathered.
lesser degree, in civil law. 4. Pieces of evidence are presented in
court.
7. Cultural Understanding and a Wide Range
of Interest an awareness and understanding D. Components of Criminal Investigation
of cultures different from the investigator’s
own can be of great advantage. 1. PATTERN Refers to a series of
similarities that may link particular cases or
8. Persistence continuing in the face of indicate that the same person is committing a
opposition, or refusing to give up when faced series of crimes.
with an adverse situation. 2. LEADS These are clues or pieces of
information that aid in the progress of an
CRIMINAL INVESTIGATION investigation.
A. Goals of Criminal Investigation 3. TIPS Specifically refer to leads
provided by the citizens that aid in the
Generally, the goals of criminal investigation progress of an investigation.
are the following: 4. THEORIES Beliefs regarding the based
1. To determine whether a crime has on the evidence, patterns, leads, tips and
been committed; other information developed and uncover in
2. To legally obtain information or the case.
evidence;
3. To identify persons involved in the E. Trichotomy of Criminal Investigation
crime; 1. Training Being a critical factor in
4. To arrest suspects; developing good and competent investigator,
5. To recover stolen properties; is the key to freedom from bandage of
6. To present the best possible case to ignorance.
the prosecutor. 2. Tools To establish facts and develop
evidence, a criminal investigator must use
B. KINDS OF CRIMINAL INVESTIGATION these tools-information, interview,
Generally speaking, there are only two kinds interrogation, and instrumentation.
of criminal investigation: 3. Technique Essence of tactical strategy
1. Investigation while the suspect is in investigation.
under arrest and detention; and
2. Investigation while the suspect is “at F. Importance of Criminal Investigation
large”. It means that the suspect is not under
1. The problem on crimes and criminals a. Criminal Investigation - carried out by
should be carefully studied and provided with the police.
solutions. b. Non-Criminal Investigation - involves
2. It helps the five pillars of the Criminal on non-criminal incidents or events.
Justice system in recognizing and identifying 2. Reactive Investigation vs Proactive
criminal and provides clues or information in Investigation
promoting social justice. Reactive Investigation - initiated on the basis
3. An aid in enforcing the laws and the of a complaint.
protection of lives and properties.
Categories of Reactive Investigation
G. Forms of Investigation a. Walk-through suspect is easily
1. Formal Investigation determined and located.
• It refers to official inquiry conducted b. Where-are-they suspect has been
by a government agency in an effort to tentatively identified but has not been
uncover facts and determine the truth. located.
• It is usually considered as some form c. Whodunit this is a case in which no
of inquiry concerning of criminal activity. suspects are initially identified.
2. Inquest it is an effort to search the
basic cause of an incident such as the Proactive Investigation - these are designed to
commission of a crime. catch a criminal in the act of committing a
3. Inquisition a more historical crime.
description than a current usage to describe
any penetrating investigation concerning a a. Decoy operations are of blending and
religious issue. decoy types to catch criminals in
4. Probe similar to formal flagrante delicto.
investigation, is an extensive, searching b. Undercover operations usually in the form
inquiry conducted by a government agency. of buy-bust and entrapment.
5. Research It is the most employed type a. Buy-bust operation
of investigation refers to the careful, patient b. Entrapment
investigation done by scientist or scholars in 3. Overt Investigation vs Covert Investigation
their efforts to identify original sources of a. Overt Investigation - openly.
data or causes of problem. b. Covert Investigation - in secret.
6. Investigative Reporting relatively
speaking, is a recent type of investigation I. BASIC STEPS IN CRIME SCENE
pursued by the members of the press on their INVESTIGATION
own initiative. It is designed to satisfy two
purposes. 1. Recognition involves the efforts of
✔ To attract readers/viewers identifying data, including physical things that
✔ To get to the roots of the problem may provide relevant information regarding
the criminal case being investigated.
2. Collection refers to the act of
H. CATEGORIES OF CRIMINAL INVESTIGATION gathering those identified data or facts, or
ACCORDING TO JOHN DEMPSEY physical things that are significant to the case
1. Criminal Investigation vs Non-Criminal under investigation.
Investigation
3. Preservation includes act of keeping occurrences that might help explain the
the collected evidences in their true and commission of the offense.
original for, preventing contamination or 6. HOW QUESTIONS: These are designed
destruction of its substantive value. to help the investigator determine how the
4. Evaluation the process of determining crime was committed, the means/tools are
the probative value of the evidence. employed, the crime was discovered, and the
5. Presentation- it is the function that is culprit enters the building/room.
primarily manifested inside the courtroom.
L. The Golden Rule in Criminal
J. STARTING POINTS OF CRIMINAL Investigation
INVESTIGATION The golden rule states “Do not touch, alter,
1. State the problem move, or transfer any object at the crime
2. Form hypotheses scene unless it is properly marked, measured,
3. Observe and experiment sketched and/or photographed.”
4. Interpret data The purpose of this rule is to avoid the
5. Draw conclusions mutilation, alteration and contamination
(MAC) of the physical evidences found at the
K. THE SIX (6) CARDINAL POINTS OF crime scene
INVESTIGATION
1. WHO QUESTIONS: These are INFORMATION
questions used to inquire on the identity of It is the knowledge or facts which the
the victims or offended party, name of investigator had gathered or acquired from
suspect, accomplices, accessories and persons or documents, which are pertinent or
witnesses of the crime. relevant concerning the commission of the
2. WHAT QUESTIONS: The purpose of crime or criminal activities.
these types of questions is to find out what A. CLASSIFICATION OF INFORMATION AS TO
happened or what took place before, during ITS SOURCES
and immediately after the commission of the 1. Regular Sources
offense. 2. Cultivated Sources
3. WHERE QUESTIONS: These are 3. Grapevines sources
questions that localize the place of the
incident- the city or town, the district or B. METHODS USED IN ACQUIRING
barangay, the street or road, the number of INFORMATION
the house or building. Where questions are
necessary in specifically pinpointing the 1. ELICITATION
particular location of the crime scene. • Obtain information through the
4. WHEN QUESTIONS: These are process of direct communication.
questions needed to determine and fix the • One or more of the parties to the
time, day, month and year when the crime communication is/are unaware of the specific
was committed. When questions should be purpose of the conversation.
specified and as accurate as possible.
5. WHY QUESTIONS: These are Phases:
questions that endeavor to ascertain the a. Determination of the mission.
motives, causes, antecedents, previous, b. Selection of the subject.
incidents, related facts, background c. Accomplishment of the mission.
d. Hypothetical probe it presents
Devices in the conduct of elicitation hypothetical situation
a. Approach is the process of setting people
to start talking. 2. CASING It literally means putting a thing or
Types: place in a case
1. Flattery people are susceptible to Methods:
praise. a. Personal reconnaissance
Variants: b. Map reconnaissance
a. Teacher-pupil approach subject is c. Research
treated as an authority. d. Prior information
b. Kindred Soul approach subject is e. Hearsay
placed in a pedestal having some specialized
quality Information desired in Casing
c. Good Samaritan approach sincere and a. Area condition and habit
valid offers of help and assistance are made to b. Active opposition
the subject. c. Disposal plan – in case of possible
d. Partial disagreement approach compromise
produces talking by the word “I’m sure” if I d. Escape and evasion
fully agree.
2. Provocative approach utilization of 3. SURVEILLANCE consist of keeping persons,
conversational gambits. place or other targets under physical
Variants: observation
a. Teaser Bait Approach elicitor
accumulates the sources of knowledge about Definitions of Terms
a particular subject. a. a. Pre-surveillance Conference is a
b. Manhattan from Missouri Approach conference held before a surveillance is
elicitor adapts an unbelievable attitude above conducted.
anything. b. Stake-out is the observation of places
c. Joe Blow Approach it is “I know the or areas from a fixed point.
answer to everything” c. Tailing or Shadowing is the
d. approach. observation of a person’s movement.
e. National Pride Approach defend their d. Undercover man is a person trained
country and its policies to observe and penetrate certain organization
b. Probe is the process to keep the suspected of illegal activities
person or subject talking incessantly. e. Liaison Program is the assignment of
trained intelligence personnel to other
Types: agencies in order to obtain information
a. Competition Probe used in connection f. Safe house is a place, building,
with the teacher-pupil approach. enclosed mobile, or an apartment, where
b. Clarity probe used to elicit police undercover men meet his action agent.
information in an area which the response is g. Drop is a convenient, secured, and
not clear. unsuspecting place where agents can leave
c. High Pressure probe it serves to pin notes, small package or envelope.
down a subject in a specific area h. Convoy is an accomplice or associate
of the subject.
i. Decoy any person almost similar to • Other listening devices
the subject used to avoid or elude • In case there is difficulty in
surveillance. wiretapping device, an expert in lip reading
j. Contact refers to any person whom must be employed.
the subject picks or deals with while he is
under surveillance. The Methods of Foot Surveillance
k. Made occurs the operation was • One Man Shadow
compromised. • Two-Man Shadow
l. Lost happens when the agent does • Three-Man Shadow or ABC Shadow
not know the whereabouts of their subject
m. Rabbit (Hare) is a term referring to 4. OBSERVATION AND DESCRIPTIONS
the subject of shadowing and tailing. Observation is the complete and accurate
n. Test for tailing is the common trick of awareness by an individual of his
the subject when he becomes conscious that surroundings.
he is being tailed. Description is the factual reporting of what is
TYPES OF SURVEILLANCE observed.
a. According to Intensity and Sensitivity Psychological Processes for Accurate
• Discreet Observation
• Close a. Attention
• Loose b. Perception
c. Reporting
c. According to Methods
• Stationary Types of Attention
• Moving a. Involuntary
• Technical b. Voluntary
c. Habitual
Shadowing, Tailing or Roping
Shadowing or tailing - act of the surveillant of Factors Governing Report
following his subject to detect criminal a. Vocabulary
activities. b. Time log
Roping - surveillant assumes different roles c. Recurrence of similar incidents
and identity in order to obtain information.
6. CLANDESTINE OPERATION –
Procedures in Fixed Surveillance COVERT/DISCREET
• Using a room in a nearby house or A secret action undertaken in behalf of the
building government or other friendly forces.
• The use of listening devices and to Basic Organizational Elements
record them. a. Sponsor
• Other surveillant may remain outdoor b. Target or rabbit
c. Agent or asset
Tools Used in Fixed Surveillance
• Binocular or telescopes Classification of Clandestine Agent
• Movie Cameras with telephoto lens a. Principal Agent
• Wiretapping device with tape b. Action Agent
recording apparatus.
a. Spy is the primary and the most adopted by an individual will assume the
important human collector personality he wants to adopt.
b. Propagandist mold the attitudes, 7. Undercover Assignment an
opinions and actions of an individual group investigation technique in which an agent
c. Saboteur undertake positive actions conceals his official identity to obtain
against unfriendly power resulting in the loss information.
of an article, material or facility. Uses of Undercover
d. Guerilla is a member of paramilitary a. Used independently to get first-hand
group organized to grass the enemy. information about the subject of
e. Strongman is an agent available to investigation.
provide special protection. b. Supplement other investigative
f. Provocateur induces an opponent to techniques like:
act to his own detriment.
g. Cover Action exert influence from Types of Undercover Assignment
foreign government upon discretion of the a. Dwelling
sponsor. b. Work
c. Support Agent c. Social
d. Jurisdictional Assignment
6. COVER AND UNDERCOVER e. Combination assignment
a. Cover – any device utilized conceals f. Rope job – striking up friendship with
the true nature of its acts and/or existence the subject
from the observer. Undercover agent
Special Qualification
Essential Types of Cover a. Knowledge of the language
a. Natural cover b. Background regarding events
b. Artificial c. Knowledge about the customs and
c. Cover within a cover habits
d. Multiple cover d. Physical appearance
e. An artist or an actor
Hazards to Cover
a. Static or document opposition Factors to consider in the Selection of Action
(ordinary citizen) (Undercover) Agents
b. Unhostile active opposition (police, ● Placement
security agencies) ● Access
c. Hostile active opposition (enemy  Primary Access
intelligence operatives)  Secondary Access
 Outside Access
b. Cover Story – a biographical data
which will portray the personality of the agent General Nature of Agent Handling
he assumed. a. Sharing secret purpose.
c. Cover Support –assigned in target b. Agent controls the agent
areas with the primary mission of supporting operationally and administratively.
the cover story. c. Rapport with each other.
d. Organizational Cover – any account d. Respect with each other.
consisting of biographical data which when
Basic Agent Management Provocateur an individual from the enemy
a. Agent handler must be in charge of forces who is deliberately introduced in our
the operation. custody with a specific mission of causing
b. The act insures the agent adherence. some unfavorable action or reaction on our
c. Good rapport must be established part.
between the agent handler and the agent. 8. INFORMANT AND INFORMER
d. The agent handler must constantly a. Informant any person who gives
reinforce the agent motivation. information to the police authorities relative
to a crime.
Key Element of Agent Management The Types of Informants
a. Direction and control a. Anonymous Informant
a. Leadership b. Rival-Elimination Informant
b. Action c. False Informant
c. Personal example d. Frightened Informant
b. Natural weaknesses e. Self-Aggrandizing Informant
c. Agent training f. Confidential Informant
d. Agent testing g. Mercenary Informant
e. Agent examination h. Double-Crosser Informant
i. Women Informant
Control authority to direct agent to carry out
task or the requirements in behalf of the Motives of Informants
clandestine organization in acceptable a. Vanity
manner and security. b. Civic Mindedness
c. Fear
Two Categories of Control d. Repentance
a. Positive control
b. Negative control Steps of Informants Recruitments (SIAT)
a. Selection
Termination Problem b. Investigation
a. Amount of knowledge the agent has c. Approach
b. Inclination to use knowledge to the d. Testing
disadvantage of the intelligence service.
c. Moral obligation to the agent Factors to consider in Informant Recruitment
a. Sex
Provocation action taken in order to incite b. Health
reaction from a known adversary or to c. Ability
observe adversary. d. Age
e. Education
Purposes f. Personality
a. Reveal the true status of an assumed
adversary. Dismissal of Informants
b. Make a known adversary take seldom a. The handler should avoid
demanding action. antagonizing the informant.
b. Explain properly and humanely the
reasons of dismissal.
c. If file of the informant exists, dismissal 6. Conclusion the interview should be
must be in writing for future references. concluded when the witness has nothing
pertinent to offer.
The Informer is a person who provides
information to the police on a regular basis. F. Reasons Why Witnesses Refuse to Talk or
They are either paid regularly or in a case-to- Testify
case basis, or none at all. 1. Fear of Reprisal
2. Great Inconvenience
INTERVIEW 3. Hatred Against the Police
A. Interview is the simple questioning of 4. Bias of the Witness
a person who cooperates with the 5. Avoidance of Publicity
investigator. 6. Family Restriction
B. Cognitive Interview conduct of
interview upon willing and cooperative G. Stages of Handling the Interview
witnesses, to narrate their accounts without 1. Preparation investigator should
interruption. review the facts in order that he would be
C. Question and Answer interview style ready for the questioning.
whereby after each question by the 2. Approach investigator must carefully
investigator, the interviewee is required to select his kind of approach.
answer. 3. Warming Up clear the atmosphere,
D. The Golden Rule in Interview promote a conducive ground for cordiality,
“Never conduct or let anyone conduct an respect and trust for each other.
interview if the interviewer has not gone to 4. Cognitive Interview
the crime scene.”
H. Rules in Questioning a Person Involved in a
E. Qualities of a Good Interviewer Crime
1. Rapport 1. Ask Question at a Time
2. Forceful Personality 2. Avoid Implied Answers
3. Knowledge of Human Behavior 3. Questions should be clearly stated
4. Conversational Tone of Voice 4. Saving Faces
5. Acting Qualities 5. Yes and No Answers are not Allowed
6. Humility
I. Types of Witnesses According to their
A. Interview Format (IRONIC) Attitude
1. Identity the investigator should 1. Know-nothing Type
identify himself to the witness by name, rank 2. Disinterested Type
and agency. 3. The Drunken Type
2. Rapport 4. Talkative Type
3. Opening Statement 5. Honest Witnesses
4. Narration allowing the witness to 6. Timid Witnesses
present in a narrative form without injecting 7. Witnesses who refuse to answer
questions.
5. Inquiry after the witness has told the INTERROGATION
story, the investigator can make clarifying A. Definition of Terms
inquiries.
1. Interrogation is the vigorous and 3. Debriefing it is generally used when
confrontational questioning of a reluctant the area of knowledge ability of the
suspect about his participation in a crime. interrogation is known.
2. Custodial Interrogation or 4. Interview similar to debriefing
Investigation is the investigation conducted by although it is less formal.
the investigator on the suspect who is under 5. Interrogation of lay personnel (special
police custody. type). In this type, the techniques are similar
3. Debriefing is the interrogation of a to interrogation but special effort must be
friendly interrogee who has information at made.
the direction of or under the control of 6. Tactical interrogation the level of
friendly unintelligence service. interrogation where the source has specific
4. Interrogation Report is an oral or and detailed information that requires a
written statement of information by the trained expert in the subject matter to be
questioning of an interrogee. explored.
5. Interrogator is a person who does the
questioning. D. Phases of Interrogation
6. Interrogee refers to any person a. Planning of Interrogation
subjected to the interrogation process.
7. Screening is the initial examination of b. Approach (Meeting the Interrogee)
an interrogee to determine the extent of his the first meeting in which it is extremely
knowledge. critical because the outcome may depend on
8. Source refers to any person who for the initial impression created by the
any reason submits information of intelligence interrogator.
interest usually on a voluntary basis. c. Questioning this is the heart of the
9. Suspect refers to any person believed interrogation.
to be associated with prohibited activity. d. Termination the termination of the
10. Witness refers to any person who has interrogation will depend on various factors
directs knowledge of facts concerning an such as the physical condition of the subject.
event or activity. e. Recording the interrogator should
take notes in cryptic if possible.
B. Forms of Interrogation f. Reporting the end product of an
1. Direct the subject is aware but he may interrogation is the Tactical Interrogation
not learn the true objectives of the Report containing the information gained.
interrogation Report must be made orally or in written
2. Indirect the subject is aware. form.

C. Types of Interrogation E. The Techniques of Interrogation


1. Screening this is usually applied 1. Emotional Appeal
immediately after capture to obtain 2. Sympathetic Approach
background information about the interrogee 3. Friendliness
(subject). 4. Tricks And Bluff Techniques:
2. Formal interrogation (detailed)this is a. The Pretense of Solid Evidence
the systematic attempt to exploit to an Against the Accused
appropriate depth those areas of the b. The Weakest Link
interrogee’s knowledge. b. Drama
c. Feigning Contact with Family
Members THE DIFFERENT DIVISIONS OF FORENSIC
d. The Line Up SCIENCE INCLUDE:
e. Reverse Line Up 1. POLYGRAPHY OR LIE DETECTION TEST
focused in detecting deception.
5. Stern Approach the investigator displays a 2. POLICE PHOTOGRAPHY division of
stern (demands immediate response) forensic science focused in providing pictorial
personality towards the suspect by using record of the crime scene.
the following methods: 3. FORENSIC CHEMISTRY it involves the
a. Jolting investigator selects the right use of the science of chemistry in the
moment to shout to the subject with a examination of fibers, hairs, powder burns,
pertinent question in an apparent righteous blood, stain, paints, poisonous substances and
outrage. other matters in their relevance to the
b. Opportunity to Lie the suspect is given investigation.
all the opportunities to lie. 4. FORENSIC MEDICINE used to
determine the cause of death as one of the
6. The Mutt and Jeff or Sweet and Sour elements of corpus delicti and it could also
Method approximate the time of death and other
7. Removing the Ethnic or Cultural Barrier pertinent and relevant matters in the
8. Searching for the Soft Spot investigation.
5. FORENSIC BALLISTICS or FIREARMS
F. Additional Modern Techniques of IDENTIFICATION this is the science of firearms
Interrogation identification.
1. Rationalization –use of reasons 6. DACTYLOSCOPY or PERSONAL
2. Projection –putting the blame to IDENTIFICATION this is otherwise known as
other persons, not alone to the suspect. the science of fingerprint identification.
3. Minimization – It is the act of 7. QUESTIONED DOCUMENTS
minimizing the culpability of the suspect. EXAMINATION establishes if there is
alteration, superimposition, or erasures,
G. Physical Signs of Deceptions either mutually or chemically of a document.
1. Excessive Sweating 8. FORENSIC ODONTOLOGY the remove
2. Face Color Change of dentures is of paramount importance in the
3. Dry Mouth identification of unknown bodies especially
4. Excessive Breathing when other means of identification is lost.
5. Increase of Pulse Beat 9. FORENSIC PSYCHOLOGY this is a very
6. Avoidance of Direct Eye Contact recent science in the field of criminal
investigation and detection.
INSTRUMENTATION 10. FORENSIC COMPUTERTECHNOLOGY
1. It is sometimes called Criminalistics. this is the age of advanced information
2. It is the process of applying technology.
instruments or tools of the police sciences in
criminal investigation and detection.
3. This is the use of the Police MODERN DISCOVERIES OF
Laboratory in the examination of physical INSTRUMENTATION
evidences.
1. DNA (DEOXYRIBONUCLEIC ACID) DNA instruments and method of physical sciences
Fingerprinting is considered to be the ultimate in detecting crime.
identification test in the conduct of criminal
investigation. It provides 100 percent positive DIFFERENCE BETWEEN INTERVIEW AND
identification of a suspect whose blood, INTERROGATION
semen and/or other DNA-bearing body tissues Interview Interrogation
of fluids were found at the crime scene or It is the simple questioning of victims and
with the victim. witnesses who are voluntarily reveal
2. Hair Examination the roots of the hair information in connection with matters to be
when examined under this new technology investigated. It is the skillful questioning of
will determine the presence of drugs taken by hostile suspect who are reluctant to divulge
the person two years prior to the said information in connection with matters to be
examination. investigated.
3. Automated fingerprint identification
system a questioned fingerprint is feed into Confession is a direct acknowledgement of
the AFIS machine which will automatically the truth of the guilty fact as charged or of
search the files of fingerprints and renders some essential part of the commission of the
report in matters of seconds. criminal act itself.
4. GLOBAL POSITIONING SYSTEM (GPS)
this is for the effective identification on the Effects of confession
location of criminals and objects thru modern 1. May be given in evidence against him
and special gadgets. It points out the exact in the investigation or trial of the offense with
location of the subject or the person who which he is charge.
committed the crime. 2. May be given to prove the guilt of his
companions but it will pass lots of court
SOURCES OF INFORMATION argumentation and deliberations.
a. Open sources (99% Overt and 1%
Covert) Types of confession
b. Cultivated sources “Everybody is a 1. Judicial confessions are done inside of
source. the court.
c. Grapevine sources 2. No-judicial confessions or extra-
(Syndicate/Organized Crime) judicial confessions is called out of court this
kind of confession in court unless
TOOLS OF INVESTIGATION 3Is of corroborated by proof of corpus delicti.
INVESTIGATION
1.Information is referring to the data gathered Difference between confessions and
by an investigator and other person including admission
himself and from: Confessions Admission
a. Public records It is a direct acknowledgement of the truth of
b. Private records the guilty fact as charged or of some essential
c. Modus operandi file part of the commission of the criminal itself.
2. Interview define as a simple It is a self-incriminatory statement by
questioning of witness and suspects. the subject falling short of a falling short of an
3. Instrumentation is the scientific acknowledgement of guilt, it is a
examination of real evidence, applications of
acknowledgement of a fact or circumstances the first set of investigators by being
from which guilt may be inferred. sympathetic and understanding.
5. Removing the ethnic or cultural
Techniques in Interrogation barrier means if the suspect is an Ilocano, he
1. Emotional appeal is a technique should be interrogated by an Ilocano
where the investigator, combining his skills of investigator and the same with other ethnic
an actor and a psychologist, addresses the cultural groups.
suspect with an emotional appeal to confess. 6. Searching for the soft spot in every
man’s heart, there is always that softest spot.
a. Sympathetic Approach refers to the
investigators, in his preliminary or probing DIFFERENT TYPES OF SUBJECTS:
questions must dig deep into the past 1. Know nothing type are persons who
troubles, plight and unfortunate events in the are reluctant to become witness and
life of the suspect. particularly true among uneducated people.
b. Friendliness is a friendly approach 2. Disinterested type means
coupled with a posture of sincerity induce the uncooperative, indifferent persons, they
suspect to confess. should be flattered to develop pride in their
ability to supply information.
2. Tricks and Bluffs 3. Drunken type means flattery will
a. the pretense of solid evidence against encourage the drunk to answer questions said
the accused. develop interest.
b. the weakest link 4. Suspicious type means fear must be
c. Drama removed and the investigator should apply
d. Feigning contact with family members psychological pressure.
e. Many more tricks and bluffs 5. Talkative type means the investigator
depending upon the imagination of the must find ways and means to shift his
investigator in each particular situation. talkativeness to those matters useful in the
f. The line-up investigation.
g. Reverse line-up 6. 6. Honest type means honestly and
cooperative persons will be an ideal witness
3. Stern Approach means the with little care and guidance.
investigator displays a stern personality 7. Deceitful type means these persons
towards the suspect by using the following should be permitted to until he is enmeshed
method: with falsehood and inaccuracies.
a. Pretense of physical evidence 8. Timid type means the investigator
b. Jolting employs friendly approach and explains on
c. Indifference formation given will be treated as
d. Feigning protection and consideration confidential.
e. Opportunity to lie 9. Boasting, egoistic or egocentric type
means patience and flattery are necessary for
4. The mutt and Jeff or sweet and sour they will be good witnesses because of their
method is the first set of investigators must drive for self-expression.
appear to be rough, mean and dangerous, the 10. Refusal to talk type means most
second investigator intervenes by stopping difficult, but investigator must persevere
neutral topics must first be taken.
4. Breathing is an effort to control
PHYSICAL SIGNS OF DECEPTIONS breathing during the critical questioning is an
1. Sweat means the profuse sweating indication of deception. Gasping of breath is
indicates tension, anxiety, shock or fear, the ultimate result of the control in breathing.
extreme nervousness is also the cause of 5. Pulse of the subject is observed at the
sweating. sides of the neck the investigator
2. Color change exist when anger is 6. will discover the increase in pulse
indicated if the face is blushed, it is also the beat which is indicative of deception.
result of extreme nervousness or 7. Avoidance of direct contact may
embarrassment. indicate guilt or deception, misty or tears
3. Dry mouth is a sign of great tension indicate remorse or repentance.
and is a reliable symptom of deception.
REVIEW NOTES ON TRAFFIC MANAGEMENT AND ACCIDENT
INVESTIGATION WITH DRIVING
Prepared by: Dr. Edelito P Deles

Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Recall, explain and use the legal provisions of the following: Registration
and renewal of motor vehicles; Driver’s License and renewal; traffic signs,
traffic lights, and other control devices, pavement markings, speed limit;
conduction permit, license plate; passengers on the top cover, failure to
provide canvas cover to cargos, permitting a passenger to ride on running
board, step board or mudguard; failure to dim headlights when approaching
another motor vehicle, hitching or permitting a person or a bicycle,
motorcycle, tricycle or skate roller to hitch to a motor vehicle, counter Flow,
illegal U-turn, Right of Way Rule, the Rule on Overtaking; and other special
penal laws such as seatbelt, drunk driving, distracted driving and others;
2. Described, explain, and use the principles of the following: Pillars of Traffic
Law Enforcement; Pillars of Traffic Management; Pillars of Traffic
Administration; legal provisions on Early warning devices, road worthiness
of vehicles, extra loud mufflers and horns, smoke-belching, and the lemon
law;
3. Explain, use, and organized the processes of traffic accident investigation,
hit and run, collision and non-collision type of accident, Chain of Events in
an accident, key event of an accident, causes of accident, Marks on the
road in a collision and non-collision type of accident, the Last Clear Chance
principle, the state of necessity principle, civil and criminal liabilities of
driver’s and operators in an accident, the implication of accident to the
franchise of Public Utility vehicles, and the administrative liability of driver’s
license in an accident, means in committing a crime, and process of filing
charges in vehicular related incidents.

TRANSPORTATION - one of man’s great inventions


- is an act or process of conveying
from one place to another THE ROMANS
- from the Latin word “Terans” meaning - were the major road builders in the ancient
across or and move and “Portare” means to carry world
- Roman road networks reached a total of about
VARIOUS ANCIENT MODES OF 50,000 miles (80, 000 km)
TRANSPORATATION
A. MANPOWER CANALS
B. ANIMAL POWER - a body of water used to be channel of sea
C. WIND POWER transportation
- the first canal was constructed by Engr.
ROADS AND VEHICLES HISTORY James Brindley

WHEEL RAILWAYS
- was invented probably in Western Asia
- channel of transportation wherein a
parallel line of irons were used as roads AGENCIES INVOLVED IN THE
- the first railroad is the Stockton and ENFORCEMENT OF TRAFFIC
Darlington line (1925)
Land Transportation Office
TRAFFIC - tasked to enforce laws, rules and
- it refers to the movement of persons, regulation governing the registration of motor
goods, or vehicles, either powered by combustion vehicles, operation of motor vehicle and traffic
system or animal drawn vehicle, from one place to rules and regulation as provided by RA 4136 as
another for the purpose of safe travel amended.
- originated from Greco-Roman word Land Transportation Franchising and
Trafico and Greek word Traffiga, origin of which is Regulatory Board
not known - tasked to regulate transport route
- regulate franchising
THE 5’Es OF TRAFFIC - prescribe fare rates
- investigate traffic cases
1. ENFORCEMENT - perform judicial function
- the action taken by the police, such as - promulgate rules
arresting, issuing traffic citation ticket and - impose and collect fees
providing warning to the erring driver for the - formulate and enforce rules and regulation
purpose of deterring and discouraging and or for transport operation for promotion of safety and
preventing such violation convenience of public
- coordinate with concerned agencies and
2. EDUCATION enforce E.O. NO 125,124-A and
- the process of giving training and practice E.O. 202 dated June 19,1987
in the actual application of traffic safety knowledge
Department of Transportation and
3. ENGINEERING Communications
- the science of measuring traffic and travel, - in charge of planning programs
the study of basic laws relative to the traffic law coordinating implementing and perform
and generation; the application of these knowledge administrative function and promotion
to the professional practice of planning, deciding, development and regulation of dependable and
and operating traffic system to achieve safe and coordinated network of transportation and
efficient transportation of persons and goods communication in order to have fast, safe, efficient
and reliable postal transportation and
4. TRAFFIC ECOLOGY/ ENVIRONMENT communication services (EO No. 125.)
- the study of potentially disastrous
population explosion, changes in urban Metro Manila Development Authority (MMDA)
environment due to the scale and density of new - created under RA. 7924 and sets policies
urban concentration and new activities carried out, concerning traffic in Metro Manila, coordinates and
air pollution, water pollution and crowding, regulates implementation of program related to
transport congestion which result therein traffic

5. TRAFFIC ECONOMY Congress and Local Council


- deals with the benefits and adverse effects - the branch of government primarily tasked
of traffic to our economy to create laws for the welfare of the public

MANAGEMENT Judiciary
- it is an executive function such as - the branch of government that interprets
planning, organizing, Directing and supervising, the law through adjudication of cases
coordinating operating recording and budgeting
traffic affairs Traffic Management Group (TMG)
- the basis service of the PNP tasked to SAFETY CAMPAIGN
direct and control traffic, perform accident - the aim of this campaign is to make road
investigation, enforce the laws and issue citations. users behave properly
- focuses on public information attitudes;
AGENCIES RESPONSIBLE FOR TRAFFIC this is characterized as road propaganda
ENGINEERING
BIORHYTHM
Department of Public Works and Highways - the theory asserting that man exhibit
- has responsibility of determining traffic constant variation of energy and mood states
flow planning approval of program and budget
finding of construction and maintenance of road The Environmental Factors in Man’s Theorized
and instrument Cycles and Interpretation of Biorhythm
1. The exchange of Light and darkness
Local Public Works and Engineering Offices 2. The four seasons
- local government units and 3. Wet and dry seasons
instrumentalities that have the same function as the 4. The waxing and waning of the moon
DPWH
- perform such powers within their
territorial boundary The Biorhythm Cycle
1. 23 days of physical cycle
AGENCIES INVOLVED IN TRAFFIC 2. 28 days of emotional cycle
EDUCATION 3. 33 days of intellectual cycle
Schools
The High State
Elementary Physically high
- tasked to educate children to obey traffic - people are energetic, strong and agile
rules through their programmed curricula Emotionally high
- people are creative, artistic and happy
Secondary Intellectually high
- tasked to educate students in obeying tha - people think quickly and logically
traffic rules by imposing school policies intended
for the welfare of the students The Low State
Physically low
Higher Education - people tend to be tired and succumb to
- they offer subjects on driving and traffic sickness
safety course or any allied subjects Emotionally low
- people are moody, irritable and depressed
TRAFFIC EDUCATION Intellectually low
- is priceless gem in the entire scale of - people find it difficult to think logically
social order of the road and lacks coordination
- is the process of inculcating to an
individual the knowledge, skill, responsibilities and LEGAL SYSTEM FOR TRAFFIC SAFETY
values to become a fully developed person
- the key to smooth traffic flow is discipline LICENSING SYSTEM
and to acquire discipline people must be educated - it is the system of issuing license to any
person who is qualified to fulfill the responsibilities
PURPOSE OF DRIVER EDUCATION required by the licens
1) To Instill awareness of one's legal and - administered by the LTO
moral responsibilities in traffic; and
2) To teach abilities required for one to be DRIVER’S LICENSE
eligible for a driver’s license. - issued to the drivers as privilege granted
by the government providing statutory qualification
CONDUCTOR
LICENSING PROCEDURE - Licensed person allowing limited number
of passengers, freight or cargo in public utility
REQUISITES FOR ISSUANCE OF LICENSE truck or buses
- At least 16 years old for student’s permit
- 17 years old for sub-professional TEN COMMANDEMENTS OF TRAFFIC
- 18 years old for professional 1. KEEP RIGHT - (two lanes, two ways) in
case of one way the left lane shall be the
KINDS OF DRIVER’S LICENSE fast lane and the slow lane is the right.
1. Student permit 2. OBSERVE ROAD COURTESY- yield
2. Non-professional to emergency vehicle, pedestrians, trains,
3. Professional vehicle with right of way, vehicles ahead,
4. Military large vehicles, uphill traffic, vehicles with
5. International momentum, straight traffic, and traffic
signs.

Emergency Vehicles:
RESTRICTION CODE 1. Vehicle with physician
1. Restriction Code No 1 - limited to drive 2. Ambulance on emergency call
motor motorcycles 3. Vehicle with wounded or sick person
2. Restriction Code No 2 - limited to drive 4. AFP/ PNP vehicle on official call
vehicle weighing not more than 4500 kg 5. Vehicle in pursuit of criminals
3. Restriction Code No 3 - limited to drive 6. A police or fire on call
vehicles weighing more than 4500 kg
4. Restriction Code No 4 - limited to drive
weighing 4500 kg and with automatic
transmission only RIGHT OF WAY RULE
5. Restriction Code No 5 - limited to drive - the right to proceed ahead of another
vehicle with automatic clutch and vehicle or pedestrian
weighing more than 4500 kg 1. Intersection- when two or more vehicle is
entering an intersection the one on the left
DRIVER will give way to the right vehicle.
- Licensed operator of a vehicle 2. Pedestrian- drivers should yield to
pedestrian crossing except at intersection
DUITES OF DRIVER IN CASE OF whereas the movement of vehicles is
ACCIDENTS regulated by a police officer.
1. Stop immediately. 3. Through highway/ railroad crossing- the
2. Show the license to the victim and give driver shall bring to a full stop before
the true name, address and contact traversing to an intersection. If there is no
number. hazard the driver may slowdown to 5mph.
3. Driver is not allowed to leave the scene 4. Police /emergency vehicle- all drivers
without aiding the victim. should yield to emergency to emergency
vehicle except as directed by traffic
EXCEPTIONS TO THE PRECEEDING enforcer. Fire trucks are accepted to speed
TOPIC limit but they are prohibited to have
1. If he is in imminent danger of being unnecessary speed.
seriously harmed by reason of accident; 5. From private road to highway- vehicle
2. If he reports the accident to the nearest from private road must yield to that on a
police station; and highway.
3. If he has summoned the physician or nurse
to aid the victim. 3. PROHIBITED PARKING
Places where parking is prohibited:
1. Near an intersection - Observe and obey traffic notices sign like
2. Crosswalk/ pedestrian lane notices and pavement markings.
3. Within 6 meters from drive way of any
response installation, fire hydrant and 8. THE PHILOSOPHY OF PINOY
private roads DRIVER
4. Double parking - Motorist should observe equity of the lead
5. Sidewalks, alleys, foot of the bridge vehicle, doctrine of the last clear chance on rotunda
6. Places wherein official signs are posted drive.

4. WHEN IN DOUBT, DO NOT 9. ON PEDESTRIAN


OVERTAKE. - Keep off the roadway except when
- overtaking lane is the lane to the left of crossing on crosswalk. Wait embark and alight at
overtaken vehicle going in the same direction, bus or jeepney stop.
overtaken vehicle is the privileged vehicle
10. REMEMBER THE INTERNATIONAL
CONSIDER THESE IF YOU OVERTAKE: SAFETY REMINDER- “SAFETY FIRST”
1. Signal the intention.
2. Make sure that the overtaking lane is clear TRAFFIC LAW ENFORCEMENT
and free of oncoming vehicle for sufficient - the action taken by the police to compel
distance to facilitate proper overtake. obedience to traffic laws and ordinance regulating
3. Maneuver at own risk, the vehicle being the use and movement of motor vehicle for the
overtaken is the privileged vehicle. purpose of creating a deterrent to unlawful
Drivers keep his lane, maintain speed and behavior by all potential violators
yield to overtaking vehicle.
4. He shall increase his speed until the TRAFFIC LAW ENFORCER
overtaken vehicle has cleared the way - a person duly deputized by an agency of
5. In a two lanes, on a divided roadway, they government authorized by law to enforce traffic
may use either of the lanes. laws, rules and regulations
6. In an expressway with fast and slow lanes,
on a divided roadway, they may use either POLICE TRAFFIC LAW ENFORCEMENT
of the lanes. - the part performed by the police and other
7. Overtaking is prohibited at crest of a grade agencies with police power including deterrent to
curve, railway crossing, at the intersection law violations created by the presence of uniformed
and between construction and caution. police officer and their special equipment, special
assistance to court and prosecutor and incidental
5. THE BUS STOP RULE service to highway users
1. The buses queue up in a single file in their COURT TRAFFIC LAW ENFORCEMENT
order arrival. - the performed by the court through
2. Lead bus moving toward the center of adjudication and penalization
column of busses lining on the bus stop
zone, and remain until zone is filled with POLICE COURT ENFORCEMENT PROCESS
busses, but longer than three minutes.
FIVE ESSENTIAL STEPS
6. RULE TO PREVENT OR UNTANGLE 1. DETECTION - wholly police activities
TRAFFIC JAMS and entails looking for defects in the
- Keep lanes and intersection open in heavy behavior motorist, pedestrian, vehicle,
and slow traffic to avoid overtaking. In a equipment and roadway condition.
construction, vehicles should merge alternately. 2. APPREHENSION - a police
responsibility wherein the police are
7. OBSERVE TRAFFIC required action to prevent continued and
MANAGEMENT MEASURES future violation.
3. PROSECUTION - it is a court function, unsafe conditions are the causes of these
the police also provides corresponding violations.
influence through preparation and 2. Non-hazardous violations that do not
introduction of evidence or close contact affect safety of the public but affect the
with the prosecution office. use of roads.
4. ADJUDICATION - it is court function,
the police provides influence on this step REASONS WHY PEOPLE ARE VIOLATING
by as a witness to the prosecution by TRAFFIC LAWS
supplying additional evidence. It 1. Physical infirmities
determines the guilt or innocence of the 2. Ignorance
accused. 3. Mental disorder
5. PENALIZATION - the imposition of 4. Lack of training
penalty upon the accused. Penalty can be 5. Wrong attitude
influenced by previous records of 6. Habitual violators
conviction as provided by the police. 7. PUV drivers are aiming for more
compensation
GOALS OF ENFORCEMENT ACTIVITIES
1. Increase safety level POLICE TRAFFIC ENFORCEMENT
2. Increase traffic efficiency ACTIONS
3. Ensure harmony and comfortable - these include arrest and citation of any
environment person
4. Maximize safety
PURPOSES:
ACTIVITIES OF TRAFFIC LAW 1. Prevent such violation from endangering
ENFORCEMENT the public and inconvenience
1. Preventive activities 2. Prevent continued violation
2. Persuasive activities 3. Discourage future violation
3. Punitive activities
KINDS OF ENFORCEMENT ACTIONS
MAJOR ELEMENTS OF TRAFFIC 1. Traffic arrest - the taking of a person into
ENFORCEMENT SYSTEM custody of the law. It is made when:
1. Enforcement system a) the offense is serious;
2. Road user system b) detection is needed to avoid continued violation;
3. Traffic system and
c) there is reasonable doubt that violators may not
TRAFFIC LAWS AND THE ROLE OF appear in court.
ENFORCEMENT
2. Traffic citation - made to compel violators
CHARACTERISTIC OF TRAFFIC LAWS to appear in court in absence of arrest.
1. Laws are developed from experiences of 3. Traffic warning - an act reminding the
the public over the years. driver of his violation in order for him to
2. Laws reflect beliefs, behavior and not do it again. No arrest or citation is
standards agreed upon by society. made.

VIOLATIONS TYPES OF WARNING


- those act and omissions against traffic 1. Visual warning - using gestures and
laws signals.
2. Verbal warning - oral warning made when
CLASSIFICATION OF VIOLATION there is newly enacted law
1. Hazardous traffic violations that cause 3. Written warning - combination of two
danger to road users. Unsafe behavior and preceding types with written note of
citation.
CONSIDERATION IN ROAD CHECK
TRAFFIC PATROL 1. Minimum delay to motorist
- part of traffic supervision by patrolling to 2. Thorough checking procedure
ensure public obedience 3. Protection and safety of parties involved
4. Timing and location and frequency
OBJECTIVES:
1. Deterrence of violators OBJECTIVE IN DEALING WITH
2. Detection and apprehension VIOLATORS
3. Observation and reporting of traffic 1. Immediate objective- to act against the
condition and road condition person
4. Providing certain services to public 2. Ultimate objective- to change the future of
a person
TYPES OF PATROL
1. Line patrol- it is assigned to a particular POINTS TO REMEMBER
place 1. Violators are diversified
2. Area patrol- type of patrol assigned to an 2. Conflicts arises in violators
area of vicinity 3. You are professional officer, there is no
professional violator
TRAFFIC OBSERVATION 4. Be alert for an unexpected
1. Stationary traffic observation - officer is TRAFFIC SUPERVISION, DIRECTION AND
assigned at specific place CONTROL
2. Conspicuous traffic observation - officer - an act of overseeing the traffic to keep
attracts attention order on street and highways within existing laws
3. Visible traffic observation - stationary
observation that the observer is in full POLICE WORKS
view 1. Accident investigation
4. concealed traffic observation - observer is 2. Less serious offense
not visible to the public 3. Serious traffic offense

THINGS TO CONSIDER IN PURSUIT AS OFFICERS ARE REQUIRED TO BE


TRAFFIC ENFORCEMENT SKILLED IN THE FOLLOWING
1. Decision - nature of violation INSTANCES:
2. Pursuit technique 1. Accident scene
3. Safety driving technique 2. Emergencies
3. Planned and special events
STOPPING AND APPROACHING TRAFFIC 4. Regular points and integration control
VIOLATORS 5. Directing pedestrian movement
1. It must be done with consideration to
safety of both parties engaging OFFICERS ARE REQUIRED TO KNOW
2. Upon approaching officer must be from HOW TO DIRECT IN THE FOLLOWING
the left side from the rear, be alert PLACES:
1. Not signalized intersection
TRAFFIC ROAD CHECK 2. Signalized intersection
- It is done to inspect the following: 3. Between intersection
1. Faulty vehicle equipment
2. Registration and licensing procedure SUPERVISED ROUTE
3. Intoxication or cargo check - A street or highway on which traffic is
supervised to some considerable degree
TYPES OF TRAFFIC CHECK
1. Faulty vehicle POLICE TRAFFIC DIRECTION
2. Officer directing road check - It involves telling the public how and
when they should not stand and move
- Repeat the process at the opposite side
POINT/ AREA CONTROL - Not lower your arm until traffic is ceased
- It is the part of the traffic direction
concerning the control of vehicular/ pedestrian C. GESTURE TO START TRAFFIC
movement - Stand sideways
- point your index finger toward the vehicle
POLICE TRAFFIC ESCORT to start, hold it till he verified, swing your hand up
- It involves mobile supervision of traffic to your chin
movement, directing orally and visually are done to - drop and repeat the process at the opposite
allow free and safe movement of escorted vehicles. side
- Use it when they are slow or hesitant to
TRAFFIC DIRECTION AND CONTROL move
- It is the control direction of traffic units
according to proportionate time to prevent traffic D. RIGHT TURN GESTURES
accident to maintain smooth flow of traffic. - Not required at intersection
- Point to the vehicle you want to turn and
MEANS OF DIRECTING point to the direction of turning
1. Signaling - Vehicles to your left for right turn bend
2. Whistling your left arm and allow a thumb sign
3. Gestures
E. LEFT TURN GESTURES
- Vehicles turn left from right, stop vehicle
from right and direct vehicle to the left
HAND SIGNAL - Left turn vehicle from your right, turn
1. Use hand signals around and repeat the procedure above
2. Use uniform signals - Street with one lane only
3. It must be clear a. allow space for ongoing
4. Don’t make verbal straight and turning left vehicles
5. Be alert, stand erect b. direct finger left turning car
6. Look to the person when signaling with proper finger left
7. Arm signal should be shoulder high c. semaphore signals may be used
8. Supplement it with whistle
9. Hang your hand when not in use F. TWO-OFFICER TRAFFIC
10. Constant waving of hands causes confusion - The team leader shall initiate command
11. Maintain 90 degrees turn of the body followed by the members.
12. When stopping point to a man you want to stop
13. Hand signal should be with arm and palm TECNIQUES IN TRAFFIC DIRECTION AND
facing the person CONTROL
1. Keep intersection open
WHISTLE SIGNAL 2. Don’t allow motorist to cross without exit
1. One long blast for STOP 3. Stop motorist at their lane
2. Two short snappy blast for GO 4. Prefer to stop the last moving vehicle
3. Three blast to be used TO ASK FOR
ASSISTANCE TRAFFIC JAM
- It is caused by such factors as vehicular
A. COMMAND OF TRAFFIC accident, stalled vehicle, absence of traffic enforcer
- Stand where you can be seen with firm and road construction.
and posture
PROCEDURES IN TRAFFIC JAM
B. GESTURE IN STOPPING 1. Determine the cause
- Point the arm and index finger toward the 2. In case of accident conduct fast
vehicle to be stopped then show your palm investigation
3. In case of engine trouble assist the 6. Video tape the movement
motorist in pushing car to place 7. Photograph the unguarded movement
4. Establish oneself and conduct systematic
flow of traffic CHEMICAL TEST
5. Observe the traffic flow if it smooth, if not 1. Blood test
repeat procedure no. 1 2. Urine test
6. Implement traffic regulation to prevent 3. Perspiration test
jam 4. Breath test
5. Skin test
RESPONSIBILITIES OF TRAFFIC
ENFORCER EVIDENCE AGAINST DRUNKEN DRIVERS
1. Enforce the law without fear or favor and 1. Drivers admission
assist public when needed 2. Co-occupants testimony
2. In an intersection, remember the 3. Material witnesses testimony
following: 4. Photograph of drunken driver
a. personal safety of enforcer 5. Video/ voice tape of driver
b. policeman’s visibility 6. Officers testimony
c. visibility of officers to traffic
d. non obstruction to traffic LEGAL ACTION AGAINST DRIVER
e. ability to effect necessary 1. Submit him to the nearest laboratory for
control testing
3. Officer shall not leave his post during tour of 2. Impound the vehicle
duty without permission from higher authority. In 3. Confiscate the license
case personal necessity he should notify the station. 4. Recommend the suspension of privilege
4. Respond immediately to emergency calls and 5. Sue him for violation
notify the station 6. If acquitted recommend suspension of
5. Be calm and control the temper even under license
provoking situation
6. He should be in proper uniform TRAFFIC ENGINEERING
7. In apprehending issue citation, and do it in one - defined as calculating manipulation or
minute direction. It includes forecasting of future traffic
demands.

PEDESTRIAN CONTROL FUNCTIONS


1. Fact finding survey and recommendation
PROGRAM OF PEDESTRIAN of traffic laws
ENFORCEMENT BASICALLY DEPENDS ON 2. Supervision and maintenance of the
THE FOLLOWING: application of traffic devices
1. Campaign 3. Planning of traffic regulation
2. Guiding on the post
3. Warning ticket OBJECTIVES
1. Achieve free and efficient and rapid flow
DRUNKEN DRIVERS of traffic
- it is a driver who drives under the 2. Prevent traffic accident
influence of alcohol with 10% of intoxicating level 3. Promotion of traffic engineering
4. Show that good police action and
FIELD SOBRIETY TEST performance makes engineering plans
1. Walk on straight line effective
2. One foot balance
3. Reading APPLICATION OF THE OBJECTIVES OF
4. Spelling TRAFFIC ENGINEERING
5. Counting from 1 to 10 1. Habitually congested commercial areas
2. Heavily traveled thoroughfares
3. Congested local areas and intersection 3. TYPES OF TRAFFIC CONTROL DEVICE
4. Special occasion of event - traffic or road sign
5. Disaster or emergency - pavement markings
6. School crossing - traffic light
- traffic island
METHODS IN ACHIEVING OBJECTIVES
OF TRAFFIC ENGINEERING FUNCTIONAL CLASSIFICATION OF
TRAFFIC CONTROL DEVICES
I. PLANNING AND GEOMETRIC 1. Regulatory devices
DESIGN 2. Warning devices
- composition of traffic stream 3. Guiding devices
- traffic volume and capacity
- origin and destination AIMS OF SIGNAL CONTROL
1. Reduce traffic conflict and delay
II. FACTORS INFLUENCING DESIGN 2. Reduce accident
- traffic composition 3. Economize police time
- traffic volume ADVANTAGES OF SIGNAL INSTALLATION
- vehicle speed 1. Made for well ordered movement
- movement of traffic 2. Reduce accident frequency
- performance value 3. Provide means of interpreting heavy
traffic
III. REGULATION AND CONTROL 4. Economical over manual control at
a.
Limited to public safety and convenience intersection
b.
Limitation imposed on road users 5. Coordinating in providing continuous flow
c.
General rule of road use and conduct of traffic
- speed 6. Increase traffic capacity
- overtaking
- right of way CLASSES OF TRAFFIC SIGNS
- lateral placement
- pedestrian right and duty a. DANGER WARNING SIGNS
- general rules on parking b. REGULATING SIGNS
d. Prohibited and restriction - priority signs
- one way regulation - prohibitory signs
- speed control - mandatory signs
- curb parking control
- turning regulation c. INFORMATIVE SIGNS
- stop rule - advance sign
- place identification sign
TRAFFIC CONTROL DEVICE - confirmatory sign

1. ELEMENTARY REQUISITES PRINCIPLES OF SIGNS


- Compel attention 1. Red triangle connotes hazard
- convey simple meaning at a glance 2. Red ring with diagonal line connotes
- allowing time for response prohibition
- command respect 3. Blue/ green provides information
4. Signs on blue disc give positive
2. FUNDAMENTAL TRAITS instruction
- design and outward aspect
- position and placement
- maintenance and condition, appearance
and visibility INTERNATIONAL SIGN
1. Round and red; regulatory movement
2. Round black yellow sign, warning sign SIDEWALK
3. Equilateral triangle red sign, directing to - it is the portion of the road that answers
yield the right of way the safety of pedestrians
4. Octagon red and white, STOP
5. Red triangle and black sign, approaching ACCIDENT
danger zone - that occurrence in a sequence of events
which usually produces unintended injury, death or
TRAFFIC LIGHTS property damage
1. Red- stop
2. Amber- slowdown TRAFFIC ACCIDENT
3. Green- go - an accident involving travel transportation
on a traffic way
PAVEMENT MARKINGS
1. Arrows point to direction MOTOR VEHICLE ACCIDENT
2. Straight lines means no overtaking - event resulting in unintended injury or
3. Broken lines means overtaking is allowed property damage attributable directly or indirectly
to the action of a motor vehicle or its load
ROAD CLASSIFICATION
KINDS OF TRAFFIC ACCIDENTS
ACCORDING TO POLITICAL SUBDIVISION In the investigation of traffic accidents, it is
1. National road- right of way 20 to 120 imperative for the traffic investigator to know the
meters kinds of accidents occurred in order to map out the
2. Provincial road- link between to necessary activities to be done when responding
municipalities, 15 to 60 meters and investigating.
3. City road- interlink in the city, 15 meters
4. Municipal road- within town proper 10 1. NON-MOTOR VEHICLE TRAFFIC
meters ACCIDENT
5. Barangay road- from market to town 2 - refers to any accident occurring on a
meters traffic way involving persons using the traffic way
or travel or transportation, but not involving a
ACCORDING TO TOPOGRAPHICAL motor vehicle in motion (ex. Pedestrian and a
TERRAIN cyclist in a traffic way)
1. Flat road 2. MOTOR VEHICLE NON-TRAFFIC
2. Zigzag ACCIDENT
3. Steep hill - any motor vehicle accident which occurs
4. Down hill entirely in any place other than a traffic way (ex.
5. Winding road Accident on a private driveway)
6. Mountainous road
7. Roller coaster road

FUNCTIONAL CLASSIFICATION OF 3. MOTOR VEHICLE TRAFFIC ACCIDENT


ROADWAY - any motor vehicle accident occurring on a
1. VEHICLES PASSES SAFELY ON traffic way (ex. Collision between automobiles on a
- climb lane highway)
- overtaking lane
- acceleration lane CHAIN OF EVENTS IN A VEHICULAR
- turning lane ACCIDENT
2. PART OF THE ROAD USED FOR: 1. PERCEPTION OF HAZARD – it is
a. standing lane seeing, feeling or hearing and
b. stopping lane understanding the usual or unexpected
c. Bus stop
movement or condition that could be taken 5. Position and location of vehicles
as a sign of an accident about to happen - lights
2. START OF EVASIVE ACTION – it is - gear position
the first action taken by a traffic unit to - mark the position of vehicle
escape from a collision course or - look for the unusual things inside the car
otherwise avoid a hazard 6. Form preliminary opinion
3. INITIAL CONTACT – the first 7. Photograph skid mark and location for later
accidental touching of an object collision measuring
course or otherwise avoids a hazard 8. Record place in which person/ damaged vehicle
4. MAXIMUM ENGAGEMENT – it is the is placed
greatest collapse or overlap in a collision;
the force between the traffic unit and the STEP 3. AFTER GETTING SHORT-LIVED
object collided with are greatest at EVIDENCE
maximum engagement 1. Make a test skid
5. DISENGAGEMENT – it is the 2. Ascertain if the violation is tantamount to
separation of a traffic unit in motion from arrest
an object with which it has collided; the 3. Complete examination of vehicle
force between the object ceases at this 4. Locate key event or point of impact
time 5. Additional photographs
6. STOPPING – this is when the traffic - vehicle damages
units involved come to rest; it usually - view obstruction
stabilizes the accident situation - present condition
7. INJURY – it is receiving bodily harm; - control devices
this event does not necessarily occur after 6. Measure scale or diagram
the accident but within any of the chain of 7. Get additional facts at the scene
events; it may also happen right after the 8. Report to station by radio
evasive action taken by the drivers
involved or during the initial contact STEP 4. AFTER LEAVING THE SCENE
1. Get the medical report
STEPS TO BE TAKEN DURING TRAFFIC 2. Notify the relatives
ACCIDENT INVESTIGATION 3. Develop the photographs
4. Analyze the specimen
STEP 1. UPON LEARNING THE INCIDENT 5. Complete accident report, made copies
CHECK THE FOLLOWING and file.
1. What happened 6. Complete data on the investigators’ report
2. Who are involved 7. Reconstruct the accident
3. Where and when it happened 8. Complete the investigation and file it
4. How it happened
5. Why it happened STEP 5. IF THE CASE GOES TO COURT
1. Seek the desire of the prosecutor to strengthen
STEP 2. WHEN EMERGENCY UNDER the case.
CONTROL 2. Return to the scene of the incident to gather
1. Preliminary question to driver additional data
- who is driving 3. Make a pre-trial conference
- ascertain sign of nervousness 4. Testify in court
2. Gather clues for identification 5. Arrange the file for future purposes
3. Ask other witnesses
4. Examine driver’s condition IN CASE OF INJURIES:
- check the license and other record 1. Stop arterial bleeding
- check registration 2. Ask for help
- verify ownership 3. Protect the wound for exposure
- account step by step events 4. Cordon the place
2. Sideswiped pedestrian
CLASSIFICATION OF VEHICLE ACCIDENT 3. Collided with moving vehicle while
ACCORDING TO SEVERITY overtaking
1. Fatal 4. Collided with moving vehicle while
2. non fatal overtaking on opposite direction
3. Property damage 5. Damaged parked vehicle
CLASSIFICATION OF VEHICLE ACCIDENT 6. Crushed police road block
ACCORDING TO KEY EVENT 7. Bumped by stray animal
1. Running off road
2. Non-collision on road INVESTIGATING FOR UNKNOWN FACTS
- overturning 1. Victims identity
3. Collision on road of vehicles with the ff: 2. Kind of vehicle
- pedestrian 3. The make of vehicle
- moving vehicle 4. The driver
- parked vehicle 5. The eyewitnesses
- bicycle
- railroad train FAST TRACKED INVESTIGATION
- fixed objects 1. Send the corpse to laboratory after
CAUSES OF MOTOR VEHICLE TRAFFIC investigating
ACCIDENT 2. Obtain fingerprint and other specimen and
A. SIMULTANEOUS FACTORS send it to laboratory
- Road condition 3. Splintered glass can be a lead
- Driver’s attitude 4. Broken headlamp manifest a run over
- Weather condition 5. Paints might stick at victim belonging
6. Don’t forget to bring paper and pencil for
B. SEQUENTIAL FACTORS initial note taking
- Unsafe greater speed
- Defective vehicle EXAMINATION OF RECOVERED VEHICLE
C. OPERATIONAL FACTOR 1. Recover physical evidence immediately
- Road hazard 2. Measure the vehicle
- driver’s non compliance 3. Photograph the vehicle, debris and
D. PERCEPTION FACTOR chipped off part
- driver’s inability to react 4. Check the interior of the car for driver’s
- driver’s faulty action to escape identity

HIT AND RUN INVESTIGATION INVESTIGATION AID FOR TRAFFIC


- This applies to drivers who failed ACCIDENT INVESTIGATION
to stop at a road accident 1. Motor vehicle certified registration
2. Repair shop
LEGAL CASES TO BE FILED: 3. Department records
1. Abandonment of one’s victim
2. Failure to lend assistance DOCUMENTS TO BE FILED IN CASE OF
3. Reckless imprudence resulting to DEATH
homicide 1. Referral slip
4. Reckless imprudence resulting to damage 2. Arrest report
to property 3. Traffic accident report (TAIC)
5. Failure to render assistance to victim 4. Affidavit of parties involved
6. Violation of section 55 of RA 4136 5. Witness’ statement
7. Civil liability 6. Photograph

COMMON NATURE OF HIT-AND-RUN DOCUMENTS TO BE FILED IN CASE OF


1. Ran over pedestrian INJURY
1. Memorandum of preliminary investigation than the particular driver of a vehicle (ex.
2. TAIC A curve ahead is a hazard and a safe speed
3. Estimated amount of damage, it is made for it is a speed at which it can be taken
by authorized repair shop comfortably
4. Affidavit of parties involve 8. STRATEGY – the adjusting of speed,
5. Witness statement position on the road, and direction of
6. photograph motion, giving signals of intent to turn or
slow down, or any other action in
COMMON WORDS AND PHRASES USED IN situations involving potential hazards
TRAFFIC ACCIDENT INVESTIGATION 9. TACTIC – any action taken by the traffic
1. MOTOR VEHICLE – any device which unit to avoid hazardous situations like
is self-propelled and every vehicle which steering, braking or accelerating to avoid
is propelled by electric power obtained collision or other accident.
from overhead trolley wires, but not 10. IMPACT – the striking of one body
operated upon rails against another or a collision of a motor
2. KEY EVENT – an event on the road vehicle with another motor vehicle.
which characterizes the manner of 11. CONTACT DAMAGE – damage to a
occurrence of a motor vehicle traffic vehicle resulting from direct pressure of
accident some foreign object in a collision or roll
3. DEBRIS – the scattered broken parts of over; it is usually indicated by striations,
vehicles, rubbish, dust and other materials rub-off of material or puncture.
left at the scene of the accident caused by 12. FACTOR – any circumstance
a collision contributing to a result without which the
4. SKID MARKS – these are marks left on result could not have occurred or it is an
the roadway by tires which are not free to element necessary to produce the result,
rotate, usually because brakes are applied but not by itself sufficient.
strongly and the wheels locked 13. PRIMARY CAUSE – a misnomer
5. TRAFFIC UNIT – any person using a loosely applied to the most obvious or
traffic way for travel, parking or other easily explained factor in the cause of an
purposes as a pedestrian or driver, accident or the most easily modified
including any vehicle, or animal. condition factor.
6. HAZARD - a hazard is generated when a 14. CAUSE – the combination of
critical space-motion relationships simultaneous and sequential factors
between a traffic unit and another object without any one of which result could not
develops due to the movement of either or have occurred.
both (ex. A curve in the path is a hazard; 15. ATTRIBUTE – any inherent
another traffic unit in the path is a hazard.) characteristics of a road, a vehicle, or a
7. SAFE SPEED – the speed adjusted to the person that affects the probability of a
potential or possible hazards or the road traffic accident.
and traffic situation ahead; safe speed on MODIFIER – a circumstance that alters an
the road is determined by the road rather attribute permanently or temporarily.
REVIEW NOTES ON FIRE PROTECTION AND ARSON
INVESTIGATION
Prepared by: Dr. Genaro P Mancio

Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Explain the concept of Combustion
2. Illustrate the Classifications, Causes, Prevention, Control, and
Extinguishments of Fire;
3. Recall the Organization, & Mandates of the Bureau of Fire Protection;
4. Understand, and critique The Revised Fire Code of the Philippines of 2008
(RA 9514), its IRR, and The Law on Destructive Arson and relevant
provisions of the Building Code of the Philippines;
5. Implement the Techniques and Procedure in Fire and Arson Investigation
and Processing of Arson Evidence and filing of charges in court.
FIRE For many years, the fire triangle (oxygen, fuel and
- a rapid, self-sustaining oxidation process heat) was taught as the components of fire. While
accompanied by the evolution of heat and this simple example is useful, it is NOT technically
light of varying intensity correct.
- an active chemical reaction that takes TETRAHEDRON OF FIRE
place between fuel, heat and oxygen in the - a geometric representation of what is
form of light and noticeable heat required for fire to exist, namely, fuel, an
- a chemical reaction; the rapid oxidation of oxidizing agent, heat, and an uninhibited
a fuel producing heat and light chemical reaction
- an oxidation taking place with a rate rapid
enough to produce heat and light

TECHNOLOGY FIRE TETRAHEDRON


- the branch of knowledge that deals with - Oxygen (oxidizing agent)
industrial arts and sciences - Fuel
- the application of such knowledge that is - Heat
used to produce the material necessity of - Self-sustained chemical reaction
society Each component of the tetrahedron must be in
place for combustion to occur. Remove one of the
ELEMENTS OF FIRE OR TRIANGLE OF four components and combustion will not occur. If
FIRE ignition has already occurred, the fire is
FUEL extinguished when one of the components is
- anything that will burn when heated with removed from the reaction.
sufficient oxygen OXYGEN (Oxidizing Agent)
OXYGEN - a colorless, odorless gas and one of the
- aids in combustion; comes from the compositions of air which is
atmosphere we breath; the atmosphere approximately 21% percent by volume
contains: 21% oxygen, 78% nitrogen and
1% impurities Oxygen sources: Oxygen
HEAT requirements:
- source of ignition 1. 21% of normal oxygen 1. 12% no fire
2. 78% nitrogen 2. 14% flash
TRIANGLE OF FIRE point
3. 1% other gases 3. 21% fire point 600 1112 Temperatures
FUEL inside a post-flashover room fire
- the material or substance being oxidized Types of Energy (common sources of heat)
or burned in the combustion process. 1. Chemical Energy
2. Electrical Energy
Fuel sources 3. Nuclear Energy
1. Solid 4. Mechanical Energy
- molecules are closely packed together
2. Liquid
- molecules are loosely packed CHEMICAL ENERGY
3. Gas - the most common source of heat in
- molecules are free to move combustion reactions
HEAT When any combustible is in contact with oxygen,
- the energy component of the fire oxidation occurs. The reaction of this process
tetrahedron results in the production of heat.
- when heat comes into contact with a fuel, ex. Heat generated from burning match,
the energy supports the combustion self heating (spontaneous heating)
reaction ELECTRICAL ENERGY
- heat energy is measured in units of Joules - can generate temperature high enough to
(J), however it can also be measured in ignite any combustible material near the
Calories (1 Calorie = 4.184 J) and BTU's heated area
(1 BTU = 1055 J) Examples:
TEMPERATURE 1. over current or overload
- a measure of the degree of molecular 2. arcing
activity of a material compared to a reference point 3. sparking
- a measure of the degree of molecular 4. static
activity of a material compared to a reference point 5. lightning
- measured in degrees Farenheit or degrees
Celsius NUCLEAR ENERGY
ºC ºF Response - generated when atoms either split apart
37 98.6 Normal human (fission) or combine (fusion)
oral/body temperature Ex.
44 111 Human skin 1. fission heats water to drive steam
begins to feel pain turbines and produce electricity
48 118 Human skin 2. solar energy is a product of a fusion
receives a first degree burn injury reaction
55 131 Human skin MECHANICAL ENERGY
receives a second degree burn injury - an energy created by friction and
62 140 A phase where compression
burned human tissue becomes numb 1) Heat of friction - the movement of two
72 162 Human skin is surfaces against each other, thus
instantly destroyed producing sparks
100 212 Water boils and 2) Heat of compression - heat is generated
produces steam when a gas is compressed in a container or
140 284 Glass transition cylinder
temperature of polycarbonate SELF-SUSTAINED CHEMICAL REACTION
230 446 Melting Combustion is a complex reaction that
temperature of polycarbonate requires a fuel (in the gaseous or vapor state), an
250 482 Charring of oxidizer, and heat energy to come together in a
natural cotton begins very specific way. Once flaming combustion or fire
300 572 Charring of occurs, it can only continue when enough heat
modern protective clothing fabrics begins energy is produced to cause the continued
development of fuel vapors or gases. Scientists call - normal room temperature
this type of reaction a “chain reaction”. - oxygen plentiful
A chain reaction is a series of reactions that occur - thermal updraft rise accumulates
in sequence with the result of each individual at higher point
reaction being added to the rest. - temperature at 1000 F
FIRE DEVELOPMENT - Producing C02, CO, SO2, water
When the four components of the fire and other gases
tetrahedron come together, ignition occurs. For a 2. FREE BURNING PHASE
fire to grow beyond the first material ignited, heat - a phase of burning in which materials or
must be transmitted beyond the first material to structures are burning in the presence of adequate
additional fuel packages. oxygen
Stages of Fire Characteristics
- Ignition - fire has involved more fuel
- Growth - oxygen supply has depleted
- Flashover - heat accumulates at upper area
- Fully-developed - temperature exceeds 1,330 F
- Decay - area is fully involved
IGNITION 3. SMOLDERING PHASE
- describes the period when the four - final phase of burning wherein flame
elements of the fire tetrahedron come ceases but dense smoke and heat completely fill the
together and combustion begins confined room
GROWTH MODES OF HEAT TRANSFER
- shortly after ignition, a fire plume begins Heat is by-product of combustion that is of
to form above the burning fuel. As the significant importance to the firefighter. It is heat
plume develops, it begins to draw or that causes fire to sustain its combustion and, more
entrain air from the surrounding space into important, to extend. When heat given off as a
the column. product of combustion is exposed to an unheated
FLASHOVER substance, certain changes occur that can make the
- the transition between the growth and the new substance a contributing factor in extending a
fully developed fire stages and is not a fire.
specific event such as ignition. During CONDUCTION
flashover, conditions in the compartment - heat transfer within solids or
change very rapidly as the fire changes between contacting solids
from one that is dominated by the burning When a hot object transfers its heat, conduction has
of the materials first ignited to one that taken place. The transfer could be to another object
involves all of the exposed combustible or to another portion of the same object. As we
surfaces within the compartment. have discovered and will be constantly reinforced
FULLY-DEVELOPED about, combustion occurs on the molecular level.
- occurs when all combustible materials in When an object heats up, the atoms become
the compartment are involved in the fire agitated and begin to collide with one another. A
DECAY chain reaction of molecules and atoms, like wave
- as the fire consumes the available fuel in energy, occurs and causes the agitated molecules to
the compartment, the rate of heat released pass the heat energy to areas of non-heat.
begins to decline. CONVECTION
THREE (3) STAGES OF FIRE - heat transfer by the movement of
1. Incipient phase liquids or gasses
2. Free burning phase Air that is hotter than its surroundings rises. Air
3. Smoldering that is cooler than its surroundings sinks. Air is
made up of many molecules floating about freely.
1. INCIPIENT STAGE Even so, it still has weight. Some molecules are
- initial stage of fire made up of the same element. For example, oxygen
Characteristics in its natural state will combine with another
oxygen atom to form a stable oxygen molecule. In initiate or cause self-contained combustion without
a given volume, air at a given temperature will addition of heat from outside sources
have the same density. When heated, as in g. Fire point
conduction theory, the molecules become agitated - the temperature at which the material will
and begin to collide with one another. In the give off ample vapors to keep burning
process, the molecules are demanding more space h. Flash point
to accommodate the vibrations and they push into - the temperature at which the material is
one another as they seek that space. When that not hot enough to keep burning, but still gives off
happens, the density of a given volume is reduced enough vapors to cause a flame across the surface
and it weighs less. Because it weighs less, it rises 2. CHEMICAL PROPERTIES
until it reaches equilibrium-the level at which the a. Endothermic reaction
weight is the same as the surrounding atmosphere. - are changes whereby energy is absorbed
RADIATION or is added before the reaction takes place
- heat transfer by electromagnetic b. Exothermic reaction
waves - reactions or changes that releases or give
The last form of heat transfer occurs by radiation. off energy
As we have already seen, heat energy can be c. Oxidation
transmitted directly when molecules collide with - a chemical change in which combustible
one another and cause the waves of heat energy to material and an oxidizing material react
travel. d. Combustion or flame
FLAME CONTACT - the manifestation of fire is in its gas-
- heat may be conducted from one body to phased combustion; matter that is produced by fire.
another by direct flame contact Material Ignition Temperature
F C
PROPERTIES OF FIRE Gasoline 536 280
1. Physical properties Kerosene 410 210
2. Chemical Properties Turpentine 488 253
Paper 842 450
1. PHYSICAL PROPERTIES Wood 489 254
a. Specific gravity Coal 750 400
- the ratio of the weight of a solid or CLASSIFICATIONS OF FIRE
substance to the weight of an equal volume of I. BASED ON CAUSE
water a. Natural fire/ providential
b. Vapor density b. Accidental fire
- the weight of volume of pure gas c. Intentional Fire/Incendiary
compared to weight of a volume of dry air at the d. Undetermined
same temperature and pressure
c. Vapor pressure A. NATURAL FIRE
- the force exerted by the molecules on the - involves fires without direct human
surface of the liquid at the equilibrium intervention
d. Temperature Examples:
- the measure of the thermal degree of the - Earthquake
agitation of molecules of a given substance; the - Typhoon
measure of the molecular activity within the - Lightning
substance - Spontaneous combustion arising from the
e. Boiling Point storage of combustible materials in poorly
- the constant temperature at which the ventilated places
vapor pressure of the liquid is equal to the - Explosion from petroleum products,
atmospheric pressure alcohol and other substances
f. Ignition temperature - Sun rays focused on glasses which may
- the minimum temperature to which the serve as a convex lens
substance in the air must be heated in order to B. ACCIDENTAL FIRE
- Carelessly discarded cigarettes B – combustible or combustible liquids
- Careless disposition of readily C – combustible gasses
combustible materials D – combustible metals
- Poorly managed or defective heating E – electrical equipment
facilities F – cooking fats and oils
- Overheating, spark and electrical defects Fire Classes in the U.S.A. (NFPA)
- Overload electric circuits/ Octopus A – regular combustibles
connections B – flammable liquids and gasses
- Children playing matches C – electrical appliances
- Use of candles D – combustible metals
C. INCENDIARY FIRE K – cooking oils and fats
- is one deliberately set under circumstances FIRE EXTINGUISHMENT
in which the person knows that the fire should not EXTINGUISHING AGENT
be set 1. Class A – water (all agents)
D. UNDETERMINED FIRE CAUSE 2. Class B – foam/carbon dioxide (all agents)
- whenever the cause cannot be proven, the 3. Class C – carbon dioxide/powder (never
proper classification is undetermined use water, soda acid and foam)
4. Class D – special powder
II. BASED ON BURNING FUEL 5. Class E – all agents
CLASS A
- ordinary solid materials such as wood, METHODS OF EXTINGUISHMENT
paper, fabrics, etc. 1. COOLING – heat absorption.
- this will be indicated by deep cited fire, 2. SEPARATION – the removal of the fuel.
leaves ashes and embers (glowing coals) 3. SMOTHERING – by expelling oxygen
after burning 4. Inhibition or the interruption of
chemical chain reaction
CLASS B Strategies Used in Firefighting:
- flammable liquids such as gasoline, lube 1. Locate the fire
oil, kerosene, paint thinner, etc. 2. Confine the fire
3. Extinguish the fire
CLASS C 4. Exposures
- electrical appliances; causes electric shock
Factors to Consider in Extinguishment:
CLASS D 1. Time
- metal fire such as magnesium (white 2. Weather (temperature, humidity, wind)
element burning with dazzling light), 3. Fire ( ex. Extent, location, bldg
sodium (a silver white metallic element), construction, contents involved)
etc.; creates violent reaction 4. Occupancy
5. Ventilation (used for clearing the bldg of
CLASS E smoke and gases)
- flammable gases such as LPG, LNG, etc.;
also creates violent reaction

Fire Classes in the United Kingdom and Europe Types of Ventilation:


A – ordinary combustibles a. Vertical ventilation - must be worked from
B – flammable or flammable liquids the top to bottom
C – flammable gasses b. Cross or horizontal ventilation - used if
D – combustible metals gases have not reached the higher level
E – (this class is no longer existing in Europe) through the opening of windows
F – cooking oils and fats c. Mechanical force ventilation - a method
Fire Classes in Australia and Asia whereby a device such as smoke ejector is
A – everyday combustibles
utilized to remove faster excessive heat 6. Pawl or dog - the mechanism located at
and dense smoke the end of the fly ladder that locks to the
Factors to determine the location for the bed ladder
opening: 7. Rung - the cross member of the ladder that
1. Location of intensity of fire is used for climbing
2. Highest point on the roof 8. Top or tip - it is the top part of the ladder
3. Direction of wind 9. Hooks - part of a ladder that is used to
4. Existing exposure hook over a roof peak, sills, or walls
5. Extent of fire where the heel does not rest on a
6. Obstruction foundation. (roof type ladders)
10. Stops - made of metal or wood blocks
ADDITIONAL BASIC TACTICS USED IN used to prevent the fly of an extension
EXTINGUISHING FIRE ladder from extending out further from the
1. RESCUE - any action taken by the ladder
firefighters to remove occupants/ persons 11. Guides - light metal strips of an extension
from building/ hazards to a safety place ladder that guides the fly ladder while it is
2. OVERHAUL - a complete and detailed being raised or lowered
checked of the structures and materials
involved in the fire to make sure that ARSON INVESTIGATIVE GUIDE AND
every spark and ember has been PROCEDURES
extinguished and to have assurance against ARSON
re-ignition - the willful and malicious burning of all
3. SALVAGE - an action taken by the kinds of buildings and structures including personal
firefighters in preventing excessive properties
damage by fire, water with the use of INVESTIGATION
salvage cover or by removing materials - an art that deals with the identity and
out from the burning building location of the offender and provides evidence of
his guilt in criminal proceedings
Types of ladder ELEMENTS OF ARSON
1. Ground ladders (10 to 55 ft. long) 1. Actual burning took place
2. Aerial ladders 2. Actual burning is done with malicious
intent
Purposes of ladders 3. The actual burning is done by person(s)
a. for rescue legally and criminally liable
b. to stretch line into a fire building
c. to provide ventilation by giving access to places LAW AND JURISPRUDENCE
that are hard to reach The law on arson in the Philippines is
Forms of ground ladders covered by Articles 320 to 326 of the Revised
a. Wall Penal Code, as amended by PD No. 1613, PD No.
b. Extension 1744, and Sec. 50 Rule VIII IRR of RA 6975
c. Hook or straight ladder which provides that the Bureau of Fire Protection
d. Attic ladder (BFP) shall have the power to investigate all causes
LADDER TERMINOLOGY of fires and, if necessary, file the proper complaint
1. Bed ladder - the lowest section of an with the City/Provincial prosecutor who has
extension ladder jurisdiction over arson cases.
2. Fly ladder - the top section of an extension LAWS ON ARSON
ladder 1. Article 320 – 326 of the Revised Penal
3. Butt - the bottom end of a ladder Code
4. Heel - the part of the ladder that touches - defines arson, its forms and penalties
the ground 2. PD 1613 – the law amending the law on
5. Halyard - a rope or cable used to raised the arson
fly ladder - defining the prima facie evidence of arson
3. RA 7659 single place so as to destroy the fibers of
- An Act to Impose Death Penalty on the wood, it is sufficient to constitute
Certain Heinous Crimes, amending for that purpose arson.
the Revised Penal Code as amended, other special
laws, and for other purposes What is Attempted Arson?
4. RA 6975 Sec. 54  In attempted arson, it is not necessary that
- provides that the Fire Bureau shall have there be a fire before the crime is
the power to investigate all causes of fires and if committed. No hard and fast rule is laid
necessary file the proper complaint with the down by the law as to the requirements for
City/Provincial Prosecutor who has jurisdiction attempted arson. The peculiar facts and
over the case circumstances of a particular case should
What Constitutes Arson? carry more weight in the decision of the
1. Burning case. Thus, a person intending to burn a
2. Willfulness – means intentional and wooden structure, collects some rags,
implies that the act was done purposely soaks them in gasoline and places them
and intentionally beside the wooden wall of the building.
3. Malice – denotes hatred or ill will or a When he is about to light a match to set
desire for revenge; deliberate intention of fire to the rags, he is discovered by
doing unjustified harm for the satisfaction another who chases him away.
of doing it
4. Motive – the moving cause which induces  The crime committed is attempted arson,
the commission of a crime; something that because the offender begins the
leads or influences a person to do commission of the crime directly by
something overacts (placing the rags soaked in
5. Intent – the purpose or design with which gasoline beside the wooden wall of the
the act is done and involves the will; an building and lighting a match) but he does
essential element of crime, motive is not not perform all the acts of execution (the
setting of the fire to the rags) due to the
Why is arson very hard to investigate? timely intervention of another who chases
Arson is one of the most difficult offenses to away) the offender.
investigate because the arsonist can be able to set a
fire and escape undetected. The fire can consume What is Frustrated Arson?
the scene and destroy much physical evidence of  In frustrated arson, the fact of having set
the offense. Harder forms of evidence are often fire to some rags and jute sacks soaked in
buried in debris and grossly altered in appearance. kerosene oil and placed near the partition
What Constitutes Burning? of the entire soil of an inhabited house,
 The mere fact that a building is scorched should not be qualified as a consummated
or discolored by heat is not sufficient nor arson, in as much as no part of the house
will bare intention or even an attempt to had begun to burn, although fire would
burn a house amount to arson, if no part of have started in the said partition had it not
it is burned. been extinguished on time. The crime
 Yet, if there is actual ignition of any part committed was frustrated arson.
of the building, arson is committed,
although there be no flame or the fire What is Consummated Arson?
immediately goes out of itself.  The offender did in fact set fire to the roof
 To burn means to consume by fire and in of the house and said house was partially
the case of arson, if the wood is blackened burned. The crime was consummated
but no fibers are wasted, there is no arson, notwithstanding the fact that the fire
burning, yet the wood need not be in flame afterwards extinguished for once it has
or blaze, and the burning of any part, been started, the consummation of the
however, small is sufficient to constitute crime of arson does not depend upon the
arson, and if the house is charred in a extent of the damage caused.
 Setting fire to the contents of a building time of the fire. If the investigator determines there
constitutes the consummated crime of was no forcible entry and finds that the building
setting fire to a building even if no part of was secured prior to discovery of the fire, he can
the building was burned. reasonably suspect there is possibility that the
person who sets the fire entered the building with a
Basis of Liability in Arson: key. Doors and windows showing signs of forced
1. Kind and character of the building, entry may point to arson preceded by burglary or
whether of public or private ownership. arson by someone without a key to the premises.
2. Its location, whether in an uninhabited Motives of Arson
place or in a populated place. Motive
3. Extent of damage caused; and  Motive is the moving cause which induces
4. The fact of its being inhabited or not. a person to commit a crime.

Some of the Arson Evidence that the Is Motive Necessary to be Proven in Criminal
Investigator should seek at the Fire scene are the Proceedings?
following:  No. motive is not necessary to be proven
1. Unusually rapid spread of the fire. in criminal proceedings but once motive is
2. Where it originated? shown, then intent can easily established.
3. Separate fires – when two or more  In the crime of arson, the distinction
separate fires break-out within a building, between motive and intent is clearly
the fire is certainly suspicious. defined. INTENT is a material element of
4. Unusual odors – the odor of gasoline, arson while motive is not. INTENT is the
alcohol, kerosene and other inflammable purpose of design with which the act is
liquids are indicated by their done and involves the will while MOTIVE
characteristics and oftentimes, arsonists is what induces the criminal.
are trapped because of this tell tale signs.
5. Objects that appear to be foreign to the Motive Can Be Established By:
scene such as cans, candles, matches, I. Economic Gain
explosives, electrical appliances such as A. Insurance fraud with the assured directly
irons, heating elements, clocks, radios, benefiting:
flammables, trailers, etc. 1. Desire to move
6. Charring pattern may indicate fire – the premises may no longer be desirable
characteristics. The fact that the fire feeds on because of the condition of the building, the fact
combustible while propagating itself, indicates that that the quarters are outgrown or because of the
the char will generally be deepest from where the locality.
fire originates. When a fire is extinguished quickly, 2. Disposing of Merchandise
the charring is only slightly below the surface. Fire – the stocks on hand may have lost value by
burning for a longer period of time will indicate a reason of the seasonal nature of the business,
char that is deep and pronounced. These facts are obsolesce, scarcity of materials necessary to
most apparent in the charring of wood as a fire complete the contracts, overstock in the absence of
burns. The charring from fire on woods looks like expected order or a changing market.
the hide of a black alligator. Fire extinguished 3. Property Transaction
quickly on wood will show a large alligatoring – the business itself may no longer be
pattern that has not penetrate the wood to any desirable because of impending liquidation,
extent. Fire burning for a long period of time on settlement of an estate of which it is a part, the need
wood will show small alligatoring pattern but the for cash, prospective failure, the comparatively
char will go deep into the wood. The direction of greater value of the land, or the comparatively
fire can also be taken into consideration with greater value of the insurance benefits.
charring. The exposed side of combustible will B. Profit by the Perpetrator other than the
have a deeper char than the unexposed side. assured:
7. Evidence of forcible entry or lack of same may 1. Insurance agents wishing
be important depending on the circumstances at the business
2. Insurance adjusters desiring to 4. Sexual Deviates – some sex perverts
adjust a loss by securing a derive sexual stimulation from setting a
contract fire and watching the flame. Frequently,
3. Business competitors he is chronic masturbator who stimulates
4. Persons seeking jobs as and enhances his sexual gratification by
protection personnel means of arson.
5. Salvagers
6. Contractors wishing to rebuild or Public Disturbance
wreck - an offender may resort to arson as a means
of a public disturbance because a fire attracts
Concealment of Crime: people and destruction causes confusion that gives
 the arsonists may set fire to a rise to attendant problems that divert police
building in order to conceal a attention.
projected or past crime. He may Vandalism
wish to divert attention in order – is a general term
to loot the burning premises or denoting intentional
steal in other places. The burning burning to destroy
may be for the purpose of properties.
destroying evidences.
In determining motive, a fire investigator
Punitive Measure: concentrates on three major factors:
- An arsonists may use fire as a means of 1. Points of origin of the fire
punishing another person for reason of jealousy, 2. Modus operandi of the arsonist
hatred or revenge. 3. Identify of persons who might benefits
Intimidation or Economic Disabling: from the fire.
- The fire may be used as a weapon of the
saboteurs, the strikers or the racketeers to Incendiary Materials
intimidate or to disable economically as a step - materials used to start a fire; combustible
toward forcing submission to certain demands. fuels
Pyromania 1. Arson Chemicals (liquids) – are
– is the uncontrollable impulse of a person incendiary materials often used by
to burn anything without motivation. Pyromaniacs arsonists as accelerants. Possess excellent
usually do not run away from the scene of the properties. Examples: alcohol, benzene,
crime, usually alone and feel satisfied watching the petroleum ether, gasoline, kerosene,
flame naptha, turpentine.
Types of Pyromaniacs: 2. Gases as acetylene, butane, CO, ethylene,
1. Abnormal Youth – Epileptics, imbeciles hydrogen, natural gas, propane, these are
and morons may set fire without knowing common gases resulting in fires from
the seriousness of the act. explosion. These when mix with air
2. The Hero Type – a person may set fire on possess excellent in ignition properties and
a building, subsequently pretends to when present in an enclosed area can lead
discover it and turn in the alarm so that he to explosion.
will appear a hero to the public. A person 3. Solids as chlorates, perchlorates,
may burn a building and endeavor to chromates, bichromates, nitrates,
achieve spectacular rescue in order to permanganates – are typical families of
attract the attention of spectators. oxidizing agents which give off oxygen on
3. Alcoholics and Drug Addicts – persons decomposition thus aiding in combustion.
who subject themselves to intense
artificial stimulants such as narcotics FIRE CODE OF THE PHILIPPINES
sometimes develop a strong urge toward Republic Act No. 9514
incendiaries. - Approved on December 19, 2008
- Repealed PD 1185
- known as the "Revised Fire Code of the Dust - A finely powdered substance which, when
Philippines of 2008". mixed with air in the proper proportion and ignited
will cause an explosion.
Definition of terms Electrical Arc - An extremely hot luminous bridge
Abatement - Any act that would remove or formed by passage of an electric current across a
neutralize a fire hazard. space between two conductors or terminals due to
Administrator - Any person who acts as agent of the incandescence of the conducting vapor.
the owner and manages the use of a building for Ember - A hot piece or lump that remains after a
him. material has partially burned, and is still oxidizing
Blasting Agent - Any material or mixture consisting without the manifestation of flames.
of a fuel and oxidizer used to set off explosives. Finishes - Materials used as final coating of a
Cellulose Nitrate Or Nitro Cellulose - A highly surface for ornamental or protective purposes.
combustible and explosive compound produced by Fire - The active principle of burning,
the reaction of nitric acid with a cellulose material. characterized by the heat and light of combustion.
Cellulose Nitrate Plastic (Pyroxylin) - Any plastic Fire Trap - A building unsafe in case of fire
substance, materials or compound having cellulose because it will burn easily or because it lacks
nitrate (nitro cellulose) as base. adequate exits or fire escapes.
Combustible, Flammable or Inflammable -
Descriptive of materials that are easily set on fire. Fire Alarm - Any visual or audible signal produced
Combustible Fiber - Any readily ignitable and free by a device or system to warm the occupants of the
burning fiber such as cotton, oakum, rags, waste building or fire fighting elements of the presence or
cloth, waste paper, kapok, hay, straw, Spanish danger of fire to enable them to undertake
moss, excelsior and other similar materials immediate action to save life and property and to
commonly used in commerce. suppress the fire.
Fire Door - A fire resistive door prescribed for
Combustible Liquid - Any liquid having a flash openings in fire separation walls or partitions.
point at or above 37.8_C (100_F). Fire Hazard - Any condition or act which increases
Corrosive Liquid - Any liquid which causes fire or may cause an increase in the probability of the
when in contact with organic matter or with certain occurrence of fire, or which may obstruct, delay,
chemicals. hinder or interfere with fire fighting operations and
Curtain Board - A vertical panel of non- the safeguarding of life and property.
combustible or fire resistive materials attached to Fire Lane - The portion of a roadway or public way
and extending below the bottom chord of the roof that should be kept opened and unobstructed at all
trusses, to divide the underside of the roof into times for the expedient operation of fire fighting
separate compartments so that heat and smoke will units.
be directed upwards to a roof vent. Fire Protective And Fire Safety Device - Any
Cryogenic - Descriptive of any material which by device intended for the protection of buildings or
its nature or as a result of its reaction with other persons to include but not limited to built-in
elements produces a rapid drop in temperature of protection system such as sprinklers and other
the immediate surroundings. automatic extinguishing system, detectors for heat,
Damper - A normally open device installed inside smoke and combustion products and other warning
an air duct system which automatically closes to system components, personal protective equipment
restrict the passage of smoke or fire. such as fire blankets, helmets, fire suits, gloves and
Distillation - The process of first raising the other garments that may be put on or worn by
temperature in separate the more volatile from the persons to protect themselves during fire.
less volatile parts and then cooling and condensing Fire Safety Constructions - Refers to design and
the resulting vapor so as to produce a nearly installation of walls, barriers, doors, windows,
purified substance. vents, means of egress, etc. integral to and
Duct System - A continuous passageway for the incorporated into a building or structure in order to
transmission of air 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 Overloading - The use of one or more electrical
means of egress sealed from smoke or fire, the appliances or devices which draw or consume
confinement of fire or smoke in the room or floor electrical current beyond the designed capacity of
of origin and delay their spread to other parts of the the existing electrical system.
building by means of smoke sealed and fire Owner - The person who holds the legal right of
resistant doors, walls and floors. It shall also mean possession or title to a building or real property.
to include the treatment of buildings components or Oxidizing Material - A material that readily yields
contents with flame retardant chemicals. oxygen in quantities sufficient to stimulate or
Flash Point - The minimum temperature at which support combustion.
any material gives off vapor in sufficient
concentration to form an ignitable mixture with air. Pressurized Or Forced Draft Burning Equipment -
Forcing -A process where a piece of metal is Type or burner where the fuel is subjected to
heated prior to changing its shape or dimensions. pressure prior to discharge into the combustion
Fulminate - A kind of stable explosive compound chamber and/or which includes fans or other
which explodes by percussion. provisions for the introduction of air at above
normal atmosphere pressure into the same
Hazardous Operation/Process - Any act of combustion chamber.
manufacturing, fabrication, conversion, etc., that Public Assembly Building - Any building or
uses or produces materials which are likely to cause structure where fifty (50) or more people
fires or explosions. congregate, gather, or assemble for any purpose.
Horizontal Exit - Passageway from one building to Public Way - Any street, alley or other strip of land
another or through or around a wall in unobstructed from the ground to the sky, deeded,
approximately the same floor level. dedicated or otherwise permanently appropriated
Hose Box - A box or cabinet where fire hoses, for public use.
valves and other equipment are stored and arranged Pyrophoric - Descriptive of any substance that
for fire fighting. ignites spontaneously when exposed to air.
Hose Reel - A cylindrical device turning on an axis Refining - A process where impurities and/or
around which a fire hose is wound and connected. deleterious materials are removed from a mixture
Hypergolic Fuel - A rocket or liquid propellant in order to produce a pure element of compound. It
which consists of combinations of fuels and shall also refer to partial distillation and
oxidizers which ignite spontaneously on contact electrolysis.
with each other. Self-Closing Doors - Automatic closing doors that
Industrial Baking And Drying - The industrial are designed to confine smoke and heat and delay
process of subjecting materials to heat for the the spread of fire.
purpose of removing solvents or moisture from the Smelting - Melting or fusing of metallic ores or
same, and/or to fuse certain chemical salts to form compounds so as to separate impurities from pure
a uniform glazing the surface of materials being metals.
treated. Sprinkler System - An integrated network of
Jumper - A piece of metal or an electrical hydraulically designed piping installed in a
conductor used to bypass a safety device in an building, structure or area with outlets arranged in a
electrical system. systematic pattern which automatically discharges
Occupancy - The purpose for which a building or water when activated by heat or combustion
portion thereof is used or intended to be used. products from a fire.
Occupant - Any person actually occupying and Standpipe System - A system of vertical pipes in a
using a building or portions thereof by virtue of a building to which fire hoses can be attached on
lease contract with the owner or administrator or by each floor, including a system by which water is
permission or sufferance of the latter. made available to the outlets as needed.
Organic Peroxide - A strong oxidizing organic Vestibule - A passage hall or antechamber between
compound which releases oxygen readily. It causes the outer doors and the interior parts of a house or
fire when in contact with combustible materials building.
especially under conditions of high temperature.
Vertical Shaft - An enclosed vertical space of Method of Collection:
passage that extends from floor to floor, as well as a. Use of commercially available mechanical
from the base to the top of the building. sampling device
Collection of Liquid Samples for Accelerant b. Utilization evacuated air sampling cans.
Testing These cans are specifically designed for
Liquid accelerants may be collected with taking gaseous samples
a. New syringe c. Use of clean glass bottled filled with
b. Siphoning device distilled water. Distilled water use as it has
c. Evidence container itself had most of the impurities removed from
d. Sterilize cotton balls or gauge pads may it. This method simply require the
also be used to absorbed the liquid investigator poured the distilled water out
of its bottle in the atmosphere to be
Where liquid accelerants are believed to have sampled. As distilled water leaves the
become trapped in porous materials such as bottle it is replaced by the gaseous sample
concrete floor:
a. Lime
b. Diatomaceous earth
c. flour

Collection of liquid evidence absorbed by solid Guide on Interpreting the Damage on Electrical
materials including soils and sand: Wire
a. Scooping Collection of Electrical Equipments and
b. Sawing Components
c. Scraping Before wires are cut, a photograph should be taken
d. Core drilling of the wires, and the both ends of the wire should
be tagged and cut so that they can be identified as
Collecting of Solid samples for accelerant testing one of the following:
Solid accelerant may be common household a. The device or appliance to which it was
materials and compounds or dangerous chemicals. attached or from which it was severed
When collecting solid accelerants: b. The circuit breaker or fuse number or
a. The fire investigator must ensure that the location to which the wire was attached or
solid accelerant is maintained in physical from which it was severed
state in which is found c. The wire’s path or the route it took
b. Some incendiary materials remain between the device and the circuit
Corrosive and Reactive protector,
c. Ensure the corrosive nature of these electrical switches, receptacles, thermostats, relays,
residue does not attack the packaging junction boxes, electrical distribution panels, and
container similar equipment and components are often
collected as physical evidence.
Collection of Gaseous samples
REVIEW NOTES ON VICE AND DRUG EDUCATION AND CONTROL
Prepared by: Dr. Renel P Cruz

Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Describe and explain the nature, effects, causes, ethical and moral issues,
legal provisions, and jurisprudence of Vices such as but not limited to:
smoking; drinking alcoholic liquor; gambling; prostitution; and other vices;
2. Apply the procedures and/or legal provisions of drug operations by PNP,
PDEA, NBI, and Customs: Surveillance operation; Information gathering
and Collection, Drug Intelligence and Investigation; raid, buy-bust operation,
arrest, detention, search; rights of persons; chain of custody of seized
drugs; evidence required in the filing and successful prosecution of illegal
drug-related violations; and
3. Implement the salient provisions of the Dangerous Drugs Law, other
relevant and related laws, relevant issuances of the President, Dangerous
Drugs Board and other law enforcement agencies. Including drug
rehabilitation programs and a National strategy against drugs and other
prohibited substances.
Drugs - Abuse of drugs and other substances can lead to
- Any chemically active substance rendering a physical and psychological dependence.
specific effect on the central nervous system of DRUGS COMMONLY ABUSED
man. 1) STIMULANT
- A chemical substance that affects the functions of - Drug that excite the central nervous system,
living cells and alters body or mind processes when increasing alertness, decreasing fatigue, delaying
taken into the body or applied through the skin. sleep, also impale appetite and cause weight loss.
- Is a chemical substance that brings about a) Shabu – street names, poor man’s
physical, emotional or behavioral change in a cocaine, S, ice, Shabs, Ubas, bato, Siopao
person taking it. Methamphetamine hydrochloride/SHABU - a
- Any chemical substance, other than food, which type of amphetamine also known as “poor man’s
is intended for used in the diagnosis, treatment, cocaine”. Other names are Shabu, Ubas, Siopao,
cure, mitigation or prevention of disease or Sha and Ice.
symptoms. - Shabu is a white, odorless crystal or crystalline
- The term drug derives from the 14 th century powder with a bitter numbing taste.
French word drogue, which means a dry substance. b) Cocaine – an agent that produces a temporary
When are drugs harmful? increase of the functional activity or efficiency of
Any drug may be harmful when taken in: an Organism or any of its parts.
- Excess; Street names – Coke, Snow, Flake, Bow
- Dangerous combinations; Cocaine - is a drug from the leaves of the Coca
- By hypersensitive (allergic) person plant, a shrub that originated in South America.
Drug Abuse This drug affects the central nervous system as a
- Is the overuse or consumption of drugs other than stimulant.
for medical reasons. -The name comes from "coca" and the alkaloid
- Any non-medical use of drugs that cause physical, suffix -ine, forming cocaine. It is a stimulant,
psychological, legal, economic, or social damage an appetite suppressant, and a topical anesthetic.
to the user or to the people affected by the user’s 2) Opiates/Narcotic
behavior. - Group of drugs that are used medically to relieve
- Using drugs without prescription. pain, but have a high potential for abuse.
-In medicine, the term opiate describes any of -The mind altering component is the
the narcotic opioid alkaloids found as natural tetrahydrocannabinol; THC for short, which is
products in the opium poppy plant, Papaver concentrated in the resin.
somniferum. 4) Depressants/Sedatives
Narcotic – substance that lessens pain - Drugs that have mild-calming or sleep-producing
and/or induces stupor. effect upon the central nervous system.
a). Opium – is the dried latex obtained from - e.g. Valium
the opium poppy (Papaver somniferum). Opium 5) Opiates/Narcotics
contains up to 12% morphine, an alkaloid, which is Opiates, sometimes called narcotics, are a group of
frequently processed chemically to produce heroin. drugs that are used medically to relieve pain, but
The latex also includes codeine. have a high potential for abuse. Some opiates come
Opium poppy, Papaver somniferum, is the from a resin taken from the seedpod of the Asian
species of plant from which opium and poppy poppy. Opiates that are commonly abused are
seeds are derived. Opium is the source of Opium, Morphine, Codeine, and synthesized or
many narcotics, including morphine (and its manufactured opiates.
derivative heroin), thebaine, codeine, papaverine Opium - refers to the coagulated juice of the
and noscapine. The Latin botanical name means the opium poppy (Papaver Somniferum L.) and
"sleep-bringing poppy", referring to embraces every kind, class and character of opium,
the sedative properties of some of these opiates. whether crude or prepared; the ashes or refuse of
b) Morphine – is a potent opiate analgesic the same.
drug that is used to relieve severe pain. It was first OTHER DANGEROUS DRUGS
isolated in 1804 by Friedrich Serturner, first Methylenedioxymethamphetamine (MDMA) or
distributed by him in 1817, and first commercially commonly known as "Ecstasy", "X-TC",
sold by Merck in 1827 "Adam", "Eden Tablet", or by its any other name -
- It took its name from the Greek god of refers to the drug having such chemical
dreams Morpheus. composition, including any of its isomers or
-The most abundant alkaloid found in Opium, the derivatives in any form;
dried sap (latex) derived from shallowly slicing the Sedatives - Sedative-hypnotics such as
unripe seedpods of the opium, or common and/or tranquilizers, sleeping pills, and sedatives are
edible, poppy. drugs, which depress or slow down body functions.
- Morphine can usually be found in tablet These drugs ca be dangerous when not taken
form, a syrup, injection or as a suppository according to physician's instructions.
form. Ketamine - is an anesthetic that is abused for its
hallucinogenic properties. Its predominant
- Morphine is usually taken orally via a syrup, legitimate use is as a veterinary anesthetic.
tablet or capsule, however, it can come in an -can cause dream-like states and hallucinations.
injectable form. Users report sensations ranging from a pleasant
C) Heroin – is processed from morphine, a feeling of floating to being separated from their
naturally occurring substance extracted from the bodies. Some ketamine experiences involve a
seed pod of certain varieties of poppy plants. terrifying feeling of almost complete sensory
It is typically sold as a white or brownish powder detachment that is likened to a near-death
or as the black sticky substance known on the experience.
streets as "black tar heroin”. Amphetamines
3) Hallucinogens -is a psychostimulant drug of the
- Drugs that are derived from plants chemical phenethylamine class that produces
substances which affects the perception, sensation, increased wakefulness and focus in association
behavior and produces hallucination on the user. with decreased fatigue and appetite.
Marijuana - is the term used to describe all the – Drug that is stimulant to the central nervous
plant material like leaves, tops, stems, flowers and system. It is colorless and maybe inhaled, injected
roots from a cannabis plant (Cannabis sativa), dried or swallowed. It may be used medically to treat
and prepared for smoking or taken orally as depression, and obesity.
“brownies”. ROUTES OF DRUG ADMINISTRATION
1) Oral Ingestion psychological, or social harm to the user and
- Taken by the mouth and must pass through the continued use despite of that harm.
stomach before being absorbed in the bloodstream. OVERDOSE
2) Inhalation - The inadvertent of deliberate consumption of
- Drug in gaseous from enters the lungs and is much larger doses that the habitually used by the
quickly absorbed by the capillary system. individual in question and resulting in serious toxic
3) Injection reaction or death.
- Administered into the body by the use of POLY DRUG ABUSE
a stringe or hypodhermic needle. - Use of two or more psycho-active substance in
4) Snorting quantities and with frequencies that cause the
- Inhalation through the nose of drugs in individual significant physiological, psychological,
gaseous form. or sociological distress or impairment.
5) Buccal
- Drugs is administered by placing it in the
buccal cavity just under the lips. REHABILITATION
DEFINITION OF TERMS -Restoration of an optimum state of health by
DRUG medical, physical, psychological, social and peer
–Any substance that enters the human body and group support for a chemically dependent person
can change either the function or structure of the and his significant others.
human organism. TOLERANCE
MEDICINES -Physiological adaptation to the effects of drugs so
– Drugs used in the diagnosis, cure, treatment, and as diminish the effects with constant dosages or to
prevention of disease or for the relief of pain or maintain the intensity and duration of effects
discomfort. through increased dosage.
TREATMENT
-Application of planned procedures to identify and
THREAPEUTICS change patterns of behavior that are mal-adoptive,
-Use of drugs in treating and preventing disease destructive, health injuring or to restore appropriate
and in preserving health. levels of physical, psychological or social
DRUG ABUSE functioning.
-Deliberate or unintentional continuous of mind CLANDESTINE LABORATORY
changing chemical substances usually for reasons -Any facility used for the illegal manufacture of
other than legitimate medical purposes, that results any dangerous drug.
in any degree of physical, mental. CULTIVATE OR CULTURE
ABSTINENCE -Any act of knowingly planting, growing, raising,
- Cessation of use of a psycho-active substance or permitting the planting, growing or raising of
previously abused, or on which the user developed any plant which is source of a dangerous drug.
drug dependence. ADMINISTER
DRUG DEPENDENCE -Any act of introducing any dangerous drug into
-Term relates to physical or psychological the body of any person, with or without his/her
dependence or both. knowledge, by injection, inhalation, ingestion or
- Impaired control over drug-taking behavior is other means.
implied. CHEMICAL DIVERSION
DRUG ADDICT -Sale, distribution, supply or transport of
- Person who is physically dependent on one or legitimately imported, in transit, manufactured or
more psycho-active substances, or whose long term procured controlled precursors and essential
use has produce tolerance, who has lost control chemicals.
over his intake, and would manifest withdrawal DELIVER
symptoms if discontinuance were to occur. -Any act of knowingly passing a dangerous drug to
DRUG ADDICTION another, personally or otherwise, and by any
-A chronic disorder characterized by the means, with or without consideration.
compulsive use of a substance resulting in physical, DEN, DIVE, RESORT
-Place where any dangerous drug and essential identify any person involved in any dangerous drug
chemical is administered, delivered, stored for related offense.
illegal purposes DISPENSE
DRUG SYNDICATE -Any act of giving away, selling or distributing
-Any organized group of two or more persons medicine or any dangerous drug with or without the
forming or joining together with the intention of use of prescription.
committing any offense prescribed in RA 9165. DRUG DEPENDENT
PRACTITIONER -Refers to a person suffering from drug
-Any person who is a licensed physician, dentist, dependence.
chemist, medical technologist, nurse, midwife, FINANCIER
veterinarian or pharmacist in the Philippines. - Any person who pays for, raises or supplies
ILLEGAL TRAFFICKING money for, or underwrites any of the illegal
-Illegal cultivation, culture, delivery, activities prescribed under RA 9165.
administration, dispensation, manufacture, sale INSTRUMENT
trading, transportation, distribution, importation, - Anything that is used or intended to be used, in
exportation and possession of any dangerous drugs. any manner, in the commission of illegal drug
PLANTING OF EVIDENCE trafficking or related offenses.
-Willful act by any person of maliciously and LABORATORY
surreptitiously inserting, placing, adding or -Refers to the facility of a private or government
attaching directly or indirectly, through any overt agency that is capable of testing a specimen to
or covert act any dangerous drugs in the person, determine the presence of dangerous drugs
house, effects or in the immediate vicinity of an PROTECTOR/CODDLER
innocent individual for the purpose of implicating, - Any person who knowingly and willfully
incriminating or imputing the commission of any consents to the unlawful acts provided in RA 9165
violation of RA 9165. and uses his/her influence, power or position in
PUSHER shielding, harboring, screening or facilitating the
-Any person who sells, trades, administers, escape of any person he/she knows or has
dispense, delivers or gives away to another, reasonable grounds to believe on or suspects, has
distributes, dispatches in transit or transports violated the provisions of RA 9165 in order to
dangerous drugs or who acts as a broker. prevent the arrest, prosecution and conviction of
USE the violator.
-Any act of injecting, intravenously or SCREENING TEST
intramuscularly, of consuming any dangerous -A rapid test performed to establish
drugs. potential/presumptive positive result.
CONFINEMENT
- Refers to the residential treatment and
rehabilitation of trainees, clients and patients in a TRADING
center. -Transactions involving the illegal trafficking of
CONFIRMATORY TEST dangerous drugs and/or controlled precursors and
- An analytical test using a device, tool or essential chemicals using electronic devices, or
equipment with different chemical or physical acting as a broker in any such transactions whether
principle that is more specific which will validate for money or any other consideration.
and confirm the result of the screening test. THE PHILIPPINE ANTI DRUG EFFORTS
On February 16, 1972, Philippine Constabulary
Anti Narcotics Unit was activated (CANU).
CONTROLLED DELIVERY
-The investigative technique of allowing an -On March 30, 1972, Republic Act 6425 otherwise
unlawful consignment of any dangerous drug, known as the ‘Dangerous Drug Act of 1972” was
essential chemical to pass into, through out of the approved.
country under the supervision of an authorized -This law created the Dangerous Drug Board as the
officer, with a view to gathering evidence to policy-making and regulatory body on prevention
and control of drug abuse. RA 6425 serves as the
backbone of the Philippine drug enforcement -The PDEA shall exercise operational supervision
system. and provide technical support to the main task
January 3, 1973, President Ferdinand E. Marcos force created by the PNP.
ordered the immediate execution of Chinese PHILIPPINE DRUG ENFORCEMENT
national Lim Seng alias Gan Sou So, top heroin AGENCY (PDEA)
trafficker in the Philippines, by firing squad at the  A law enforcement agency
Fort Bonifacio grounds.  Lead agency on the government’s anti-
- The execution was aired live in television. drug campaign
-CANU was renamed as AFP NARCOM on  Responsible for efficient and effective law
February 1, 1983 enforcement of all provisions on any
-AFP NARCOM functions were absorbed by PNP dangerous drug and/or controlled
Narcotics Group in 1991 precursor and essential chemicals
-PDEA was created upon enactment of RA 9165 in
2002 -Serves as the implementing arm of the Dangerous
 Signed June 7, 2002 Drug Board (DDB).
 Published June 19, 2002 -Responsible for the efficient and effective law
 Took effect July 4, 2002 enforcement of all the provisions on any dangerous
drug and/or controlled precursor and essential
-Creation of The new Dangerous Drugs Board chemical as provided in RA 9165.
(DDB) as the policy and strategy formulating body. PHILIPPINE DRUG ENFORCEMENT
-The Philippine Drug Enforcement Agency AGENCY (PDEA)
(PDEA) as its implementing arm. -Headed by Director General with the rank of
-In July 2002, PDDG Anselmo Avenido (Ret.) Undersecretary, appointed by the President.
appointed as first Director General of PDEA. -The head of the PDEA is assisted by 2 deputies
Director General, with the rank of Assistant
-On April 6, 2006, Gen. Dionisio R. Santiago (Ret) Secretary, 1 for Operations and 1 for
appointed as PDEA Director General vice Anselmo Administration, also appointed by the President.
Avenido. POWER AND DUTIES OF PDEA
-In January 2011, PCSUPT Jose Gutierrez (Ret) -To cause the efficient and effective
was appointed as PDEA Director General vice Gen. implementation of the national drug control
Dionisio R. Santiago (Ret). strategy formulated by the Dangerous Drugs Board;
With the creation of PDEA…. - Undertake the enforcement of the provisions of
-the secretariat of the National Drug Law Article II of RA 9165 relative to the unlawful acts
Enforcement and Prevention Coordinating Center and penalties involving any dangerous drugs and/or
or DEP Center has been absorbed by the new controlled precursor and essential chemicals;
agency -Administer oath and issue subpoena and
…Narcotics Group of the PNP; subpoena duces tecum relative to the conduct of
Narcotics Division of the NBI; and investigation involving the violations of RA 9165;
Narcotics Interdiction Unit of the Bureau of -Arrest and apprehend as well as search all
Customs have been abolished violators and seize or confiscate the effects or
EXECUTIVE ORDER NO. 218 proceeds of the crimes as provided by law;
“Strengthening the support mechanism for the -Take charge and have custody of all dangerous
Philippine Drug Enforcement Agency” drugs and/or controlled precursors and essential
-issued on June 18, 2003 by President Gloria chemicals seized, confiscated or surrendered to any
Macapagal Arroyo. national, provincial or local law enforcement
-Creation of Task Forces: The Office of the agency;
President, the PNP, and other agencies which were -Establish a forensic laboratory in each PNP office
performing drug law enforcement and prevention in every province and city in order to facilitate
function prior to the enactment of RA 9165 shall action on seized or confiscated drugs, thereby
organize anti-drug forces to support the PDEA. hastening their destruction without delay;
- Recommend to the DOJ the forfeiture of
properties and other assets of persons and/or
corporations found to be violating the provisions of -Created by virtue of Republic Act 6425
RA 9165 and in accordance with the pertinent otherwise known as Dangerous Drug Act of
provisions of the Anti-Money Laundering Act of 1972 subsequently repealed by RA 9165.
2001;
- Prepare for prosecution or cause the filing of -the policy-making & strategy-formulating body in
appropriate criminal and civil cases for violation of the planning & formulation of policies & programs
all laws n dangerous drugs, controlled precursors on drug prevention & control.
and essential chemicals, and other similar -It shall develop and adopt a comprehensive,
controlled substances; integrated, unified and balanced national drug
abuse prevention and control strategy.
-Monitor, and if warranted by circumstances, in DANGEROUS DRUG BOARD (DDB)
coordination with the Philippine Postal Office and -DDB composed of 17 members wherein 3 of
the Bureau of Customs, inspect all air cargo which are permanent members, the other 12
packages, parcels and mails in the central post members are ex- officio capacity and 2 regular
office; members.
-Conduct eradication programs to destroy wild or THREE (3) PERMANENT MEMBERS
illegally grown plants from which dangerous drugs - At least 7 years of training and experience in the
may be extracted; field of the ff: fields in law, medicine, criminology,
-Initiate and undertake the formation of a psychology or social work.
nationwide organization which shall coordinate and - Appointed by the president.
supervise all activities against drug abuse in every -One designated as the Chairman with the rank of
province, city, municipality and barangay; Secretary (with the term of 6 years) and the two
-Establish and maintain a national drug intelligence other regular members as undersecretary (one with
system in cooperation with law enforcement 4 years term and the other 2 years but succeeding
agencies, other government agencies/offices and appointment will serve six years and until their
local government units that will assist in the successors shall have been duly appointed and
apprehension of big-time drug lords; qualified.
- Establish and maintain close coordination, TWELVE (12) EX- OFFICIO MEMBERS
operation and linkages with international drug - Secretary or representative of the following
control and administration agencies and Department:
organizations; - DOJ, DOH, DND, DOF, DOLE, DILG, DSWD,
-Create and maintain an efficient special DFA, DepEd,
enforcement unit to conduct an investigation, file - Chairman CHED, NYC
charges and transmit evidence to the proper court; - Director General - PDEA
- Require all government and private hospitals, TWO (2) REGULAR MEMBERS
clinics, doctors, dentists and other practitioners to - President of Integrated Bar of the Philippines
submit a report to it; (IBP).
- Coordinate with the DDB for the facilitation of - Chairman or President of a non- government
the issuance of necessary guidelines, rules and organization involved in dangerous drug campaign
regulations for the proper implementation of RA to be appointed by the President.
9165;
- Initiate and undertake a national campaign for
drug prevention and control programs, where it
may enlist the assistance of any department, The Director of NBI and Chief, PNP are the
bureau, office, agency or instrumentality of the permanent consultant of the DDB.
government, including government-owned and/or DRUG MULES or “DRUG COURIERS”
controlled corporations; and -Are individuals who transport dangerous drugs in
-Submit annual and periodic reports to the DDB exchange for a huge amount of money, depending
from time to time and perform such other functions on the amount of drugs to be delivered and the
as may be authorized of required under existing route/distance to be traveled.
laws and as directed by the President. -Women are usually targeted by syndicates since
DANGEROUS DRUG BOARD (DDB) they generally generate mild suspicion from
authorities and the female body has more cavities MODUS OPERANDI (MO)
possible to insert the drugs in, therefore posing less Couriers are usually recruited by casual
detection risk. acquaintances they meet in key cities here or
Methods of Concealment abroad, mostly fellow Filipinos connected to drug
1. Hidden in luggage/suitcases; syndicates like the African Drug Syndicate
2. Ingestion/Swallowing; (ADS), offering plane tickets, hotel
3. Placed in shoes; accommodation and huge amounts of money.
4. Placed in bottom part of luggage; In some instances, members of syndicates
5. Placed inside handbag; befriend/marry potential recruit then later turn
6. Others- Undergoing minor operation, placing in him/her into a courier or cohort. On the other hand,
shoeboxes/ books/bottles/parcels, etc. unwitting victims were duped by acquaintances
Factors contributing to the drug courier into carrying packages in exchange for money, not
problem knowing that drugs were placed inside.
1. Filipinos are usually enticed by the offer because Couriers may also be recruited through the internet
of the syndicates’ promise of love/marriage, as and social networking sites like Facebook,
have been recorded in several arrests involving MySpace, Tagged, etc. Syndicates also engage in
Filipina drug couriers. Others are lured by the travel & tours businesses/agencies to arrange
opportunity to travel and the promise of a airline and hotel bookings of the couriers and use
comfortable life while others want a high-paying fraudulent documents/fake credit cards.
job and easy money. The ADS is believed to be behind the alarming
2. The drug courier problem can also be attributed increase of Filipino drug couriers arrested abroad.
to the (1) The prevalence of poverty, (2) Poor They deliver drugs to their connections in different
educational background, (3) Easy money, (4) points around the world by employing drug
Unemployment and 95) the idea of traveling couriers to prevent the risk of getting caught
The Task Force Drug Couriers themselves. They also use Filipinos as cohorts to
The Task Force Drug Couriers (TFDC) was recruit fellow OFWs.
created on February 08, 2010 by virtue of The ADS is an international syndicate involved in
Administrative Order No. 279. It is an inter- drug trafficking and cyber crimes.
agency team tasked in the deterrence, prevention They use stolen and/or falsified documents to go
and protection of Filipinos from being victimized about with their transaction (i.e. purchase of plane
as drug couriers by international drug trafficking tickets, hotel bookings) and usually communicate
syndicates. with their cohorts thru phone or the internet.
Members are proficient in English and well-versed,
The Task Force is composed of 13 agencies, very persistent and are generally friendly which
chaired by the Philippine Drug Enforcement makes them recruit potential victims easily.
Agency and co-chaired by the Department of National Anti-Drug Strategy & 4 Pillars of
Foreign Affairs with the following agencies as Anti-Drug Campaign
members THE FOUR PILLARS OF ANTI-DRUG
1. Bureau of Customs CAMPAIGN
2. Bureau of Immigration 1. Drug Supply Reduction Drive
3. Commission on Higher Education  Reduce the supply of drugs
4. Department of Justice  Drive the prices high and create acute
5. Department of Labor and Employment shortage of drugs
6. Manila International Airport Authority  Neutralize sources of drugs
7. National Bureau of Investigation
8. Philippine Information Agency 2. Drug Demand Reduction Drive
9. Philippine National Police – Aviation Security  Reduce the demand side of the drug chain
Group  Concentrates on anti-drug advocacy
10. Tourism Infrastructure and Enterprise Zone efforts – public information and treatment
Authority (formerly Philippine Tourism Authority) and rehabilitation
11. Office of the President thru the Office of the  Targets non-users, casual drug users and
Executive Secretary addicts/recovering persons
–life imprisonment and a fine ranging from Five
3. Alternative Development/Reform Programs hundred thousand pesos (P500,000.00) to Ten
 Development/livelihood program million pesos (P10,000,000.00)
 Education program
 Family solidarity/development program -The penalty of imprisonment ranging from twelve
 Good governance program (12) years and one (1) day to twenty (20) years and
 Legal reforms a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
4. International Cooperation (P500,000.00) shall be imposed upon any person or
 Neutralize transnational drug syndicates group of persons who shall maintain a den, dive, or
 Minimize drug trafficking to and from the resort where any controlled precursor and essential
country chemical is used or sold in any form.
 Exchange of information and technologies Section 7 Employees and Visitors of a Den, Dive
 Multilateral, regional, sub-regional and or Resort
bilateral assistance and cooperation 12 years and 1 day to 20 years (100,000.00 to
500,000.00).
- (a) Any employee of a den, dive or resort, who is
REPUBLIC ACT 9165 aware of the nature of the place as such; and
Some Pertinent Provisions of Comprehensive - (b) Any person who, not being included in the
Dangerous Drug Act of 2002 provisions of the next preceding, paragraph, is
UNLAWFUL ACTS AND PENALTIES aware of the nature of the place as such and shall
UNDER RA 9165 knowingly visit the same.
Section 4. Importation of Dangerous Drugs Section 8. Manufacture of Dangerous Drugs
Penalty: and/or Controlled Precursors and Essential
Life Imprisonment and fine of Five Hundred Chemicals
Thousand pesos (P500,000.00) to Ten Million - Penalty for Manufacture of Dangerous drugs- life
Pesos (P10,000,000.00). imprisonment and a fine ranging from Five
Importation of any Controlled precursor and hundred thousand pesos (P500,000.00) to Ten
essential chemicals million pesos (P10,000,000.00)
Penalty: - Penalty for manufacture any controlled precursor
Imprisonment ranging from twelve (12) years and and essential chemical - The penalty of
one (1) day to twenty (20) years and a fine ranging imprisonment ranging from twelve (12) years and
from One Hundred Thousand pesos (P100,000.00) one (1) day to twenty (20) years and a fine ranging
to Five Hundred Thousand Pesos (P500,000.00) from One hundred thousand pesos (P100,000.00) to
Sec 4"protector/coddler" of any violator of the Five hundred thousand pesos (P500,000.00)
provisions under this Section. Note:
Penalty - The presence of any controlled precursor
-twelve (12) years and one (1) day to twenty (20) and essential chemical or laboratory equipment in
years of imprisonment and a fine ranging from One the clandestine laboratory is a prima facie proof of
hundred thousand pesos (P100,000.00) to Five manufacture of any dangerous drug.
hundred thousand pesos (P500,000.00) Sec 11. Possession of Dangerous Drugs
Section 5. Sale, Trading, Administration, - Possession of Dangerous Drugs regardless of
Dispensation, Delivery, Distribution and purity- penalty provided life imprisonment and a
Transportation of Dangerous Drugs fine ranging from Five hundred thousand pesos
Penalty (P500,000.00) to Ten million pesos
-life imprisonment and fine ranging from Five (P10,000,000.00)
hundred thousand pesos (P500,000.00) to Ten - 10 grams or more of opium, morphine, heroin,
million pesos (P10,000,000.00) cocaine or cocaine hydrochloride, marijuana resin
Section 6. Maintenance of a Den, Dive or Resort or oil, and other dangerous drugs,
involving dangerous drugs - 50 grams or more of shabu
penalty - 500 grams or more of marijuana
Penalty-Life imprisonment and fine ranging from years and a fine ranging from One hundred
Php 400,000.00 to Php 500,000.00 thousand pesos (P100,000.00) to Five hundred
- If the quantity of shabu is ten (10) grams but not thousand pesos (P500,000.00) and the additional
more than 50 grams penalty of the revocation of his/her license to
Penalty- Imprisonment of 20 years and 1 day to life practice shall be imposed upon the practitioner,
imprisonment and fine ranging from Php who shall prescribe any dangerous drug to any
400,000.00 to Php 500,000.00 person whose physical or physiological condition
- If 5 grams or more but less than 10 grams of any does not require the use or in the dosage prescribed
Dangerous Drugs therein, as determined by the Board in consultation
- 300 grams or more of marijuana but less than 500 with recognized competent experts who are
grams authorized representatives of professional
Penalty- imprisonment of 12 years and 1 day to 20 organizations of practitioners, particularly those
years and a fine ranging from Php 300,000.00 to who are involved in the care of persons with severe
Php 400,000.00 pain.
-If the quantity of dangerous drugs are less than 5 Section 19. Unlawful Prescription of Dangerous
grams. Drugs.
- If the quantity of Marijuana is less than 300 – The penalty of life imprisonment and a fine
grams. ranging from Five hundred thousand pesos
Sec 15. Use of Dangerous Drugs (P500,000.00) to Ten million pesos
Penalty (P10,000,000.00) shall be imposed upon any
-A person apprehended or arrested, who is found to person, who, unless authorized by law, shall make
be positive for use of any dangerous drug, after a or issue a prescription or any other writing
confirmatory test, shall be imposed a penalty of a purporting to be a prescription for any dangerous
minimum of six (6) months but not exceeds one drug.
year rehabilitation in a government center for the Section 21. Custody and Disposition of
first offense. Confiscated, Seized, and/or Surrendered
- If apprehended using any dangerous drug for the Dangerous Drugs, Plant Sources of Dangerous
second time, he/she shall suffer the penalty of Drugs, Controlled Precursors and Essential
imprisonment ranging from six (6) years and one Chemicals, Instruments/Paraphernalia and/or
(1) day to twelve (12) years and a fine ranging from Laboratory Equipment
Fifty thousand pesos (P50,000.00) to Two hundred The PDEA shall take charge and have custody of
thousand pesos (P200,000.00): Provided, That this all dangerous drugs, plant sources of dangerous
Section shall not be applicable where the person drugs, controlled precursors and essential
tested is also found to have in his/her possession chemicals, as well as instruments/paraphernalia
such quantity of any dangerous drug provided for and/or laboratory equipment so confiscated, seized
under Section 11 of this Act, in which case the and/or surrendered, for proper disposition in the
provisions stated therein shall apply. following manner:
Sec 16. Cultivation of plants classified as source The apprehending team having initial custody and
of dangerous drugs control of the drugs shall, immediately after seizure
Penalty and confiscation, physically inventory and
- Life imprisonment and fine ranging from Five photograph the same in the presence of the accused
hundred thousand pesos (P500,000.00) to Ten or the person/s from whom such items were
million pesos (P10,000,000.00) confiscated and/or seized, or his/her representative
Penalty of 12 years and 1 day to 20 years of or counsel, a representative from the media and the
imprisonment and a fine ranging from P100,000.00 Department of Justice (DOJ), and any elected
to P500,000.00 shall be imposed upon any person, public official who shall be required to sign the
who acts as a “protector/coddler of any violator of copies of the inventory and be given a copy
the provisions of Sec. 16….. thereof;
Section 18. Unnecessary Prescription of -Within twenty-four (24) hours upon
Dangerous Drugs. confiscation/seizure of dangerous drugs, plant
– The penalty of imprisonment ranging from sources of dangerous drugs, controlled precursors
twelve (12) years and one (1) day to twenty (20) and essential chemicals, as well as
instruments/paraphernalia and/or laboratory rehabilitation of the drug dependency. The Board
equipment, the same shall be submitted to the shall bring forth the matter to the Court which shall
PDEA Forensic Laboratory for a qualitative and order that the applicant be examined for drug
quantitative examination; dependency.
- A certification of the forensic laboratory If the examination by a DOH-accredited physician
examination results, which shall be done under oath results in the issuance of a certification that the
by the forensic laboratory examiner, shall be issued applicant is a drug dependent, he/she shall be
within twenty-four (24) hours after the receipt of ordered by the Court to undergo treatment and
the subject item/s. rehabilitation in a Center designated by the Board
- That a final certification shall be issued on the for a period of not less than six (6) months.
completed forensic laboratory examination on the Temporary Release From the Center; After-
same within the next twenty-four (24) hours Care and Follow-Up Treatment Under the
After the filing of the criminal case, the Court shall, Voluntary Submission Program.
within seventy-two (72) hours, conduct an ocular -Upon certification of the Center that the drug
inspection of the confiscated, seized and/or dependent within the voluntary submission
surrendered dangerous drugs, and controlled program may be temporarily released, the Court
precursors and essential chemicals, including the shall order his/her release on condition that said
instruments/paraphernalia and/or laboratory drug dependent shall report to the DOH for after-
equipment, and through the PDEA shall: care and follow-up treatment, including urine
within twenty-four (24) hours thereafter proceed testing, for a period not exceeding eighteen (18)
with the destruction or burning of the same, in the months under such terms and conditions that the
presence of the accused or the person/s from whom Court may impose.
such items were confiscated and/or seized, or Dangerous Drug Test Requirements
his/her representative or counsel, a representative The following shall undergo mandatory
from the media and the DOJ, civil society groups drug testing:
and any elected public official 1. applicants for drivers license
Section 23. Plea-Bargaining Provision. 2. applicants for Firearms license & PTCFOR
– Any person charged under any provision of this 3. members of the PNP, AFP, & other LEA
Act regardless of the imposable penalty shall not be 4. All persons charged with criminal offense with
allowed to avail of the provision on plea-bargaining penalty of not less than 6 years.
. 5. All candidates for public office national/ local
The following shall undergo random drug
Section 28 – Criminal Liability of Government testing:
Officials and Employees. 1.students of secondary and tertiary schools
- The maximum penalties of the unlawful acts 2. officers and employees of public & private
provided in the Act shall be imposed, in addition to offices.
absolute perpetual disqualification from any public SUPREME COURT DECISIONS
office, if those found guilty of such unlawful acts ………………The Philippines Supreme Court
are government officials and employees. upheld mandatory, random, suspicionless drug
Section 29. Criminal Liability for Planting of testing of workers and high school and college
Evidence students, but struck down as unconstitutional
– Any person who is found guilty of "planting" any provisions of the Comprehensive Dangerous Drugs
dangerous drug and/or controlled precursor and Act of 2002 that required drug tests for candidates
essential chemical, regardless of quantity and for political office or those charged with criminal
purity, shall suffer the maximum penalty. offenses.
Program for Treatment and Rehabilitation of …………………the court noted that the law says
Drug Dependents the random drug testing of employees "shall be
- A drug dependent or any person who violates undertaken under conditions calculated to protect
Section 15 of this Act may, by himself/herself or as much as possible the employee's privacy and
through his/her parent, spouse, guardian or relative dignity," and that employers are not required to
within the fourth degree of consanguinity or report positive test results to prosecutors. It also
affinity, apply to the Board or for treatment and found that "the intrusion into the employee's
privacy... is accompanied by proper safeguards, Non-applicability of the Probation Law for Drug
particularly against embarrassing leakages of test Traffickers and Pushers. – cannot avail of the
results, and is relatively minimal." privilege granted by Probation Law (PD 968, as
……………….In the case of students, the high amended).
court found that drug testing was not only NAPOLCOM MEMORANDUM CIRCULAR
constitutional, but perhaps even necessary. It noted NO. 200003
the presence of drugs in the country "that threatens Adopting Salient Provisions of PDEA
the well-being of the people, particularly the youth Memorandum on the preparation of pre-
and school children who usually end up as victims. operation report and PNP-AIDSOTF
………………….Candidates for political office, Memorandum Circular in the conduct of Anti-
however, may not be subjected to drug tests as Illegal Drugs Operations.
condition of candidacy, the court held. The drug Pre-Operations
law's provisions requiring testing of candidates -Operating Unit to submit to PDEA, the pre-
unconstitutionally added to the constitution's operations report, indicating details such identity,
provisions defining the qualification or eligibility area of operation, composition, tactics and
of candidates equipment of the operating unit and duration of the
……….The court was equally kind to people operation. Also includes the information on the
charged with criminal offenses, holding that they suspect/s.
cannot be drug tested because they might
incriminate themselves and because drug testing in -Certification of Coordination – prepared by PDEA
their cases would not be random or suspicionless. given to the operating unit which submitted a pre-
"To impose mandatory drug testing on the accused operations report.
is a blatant attempt to harness a medical test as a Exemption of submission of Pre Operations
tool for criminal prosecution, contrary to the Report:
objectives of RA 9165 [the drug testing law]. Drug 1. In remote places where coordination is not
testing in this case would violate a person's right to possible;
privacy guaranteed under Section 2, Article III of 2. When coordination will compromise the lives of
the Constitution. Worse still, the accused persons police operatives, informant and witnesses,
are veritably forced to incriminate themselves involved in anti-drug operations;
Responsibility and liability of law enforcement 3. When coordination will prejudice the
agencies in testifying as Prosecution Witness in apprehension of drug suspects and confiscation of
Dangerous Drug Cases dangerous drugs;
- Penalty- 12 years and 1 day to 20 years and a fine 4. When prior coordination will compromise the
of not less than Php 500,000.00 in addition to the entire police operation.
administrative liability. (In above instances, post coordination shall be
- For any members of law enforcement agency made in lieu of prior coordination).
who, after due notice, fails or refuses intentionally Signatories to the Pre-Operation Report
or negligently to appear as a witness for - signed by the Team Leader.
prosecution. Conduct of Operation
Section 92. Delay and Bungling in the - Team shall be led by a police commissioned
Prosecution of Drug Cases officers except in far flung areas where there are no
– Any government officer or employee tasked with assigned PCOs.
the prosecution of drug-related cases under this act, - To have at least 1 female member operative who
who, through patent laxity, inexcusable neglect, shall be responsible for arresting and frisking
unreasonable delay or deliberately causes the female suspects and for taking custody of children
unsuccessful prosecution and/or dismissal of the found in the place of operation.
said drug cases, shall suffer the penalty of VICES
imprisonment ranging from twelve (12) years and Vice – is any immoral conduct or habit, the
one (1) day to twenty (20) years without prejudice indulgence of which leads to depravity, wickedness
to his/her prosecution under the pertinent and corruption of the minds and the body.
provisions of the Revised Penal Code. Different Forms of Vices:
1) Drug addiction
2) Alcoholism privacy of his home or in the party and commit no
3) Prostitution crime at all.
4) Gambling -It is only when a drunken person exhibits his
condition publicly, or disturbs, endangers, or
injured others, that he became an offender and
ALCOHOLIC therefore, subject to arrest and punishment.
-A person who has experienced physical, -Before and during elections, it is unlawful to sell
psychological, social or occupational impairment as or drink intoxicating liquor, as provided in the
consequence of habitual, excessive consumption of election law.
alcohol. -Under RA 4136, as amended, driving under the
ALCOHOL ABUSE influence of liquor is prohibited.
-Use of ethyl alcohol or liquor in a quantity and Under Article 15 of the Revised Penal Code,
with a frequency that causes the individual intoxication is considered as an Alternative
significant physiological, psychological, or Circumstances.
sociological distress or impairment. - It is considered a mitigating circumstance when
ALCOHOLIC DEPENDENCE the offender has committed a felony in a state of
-A chronic lost of control over the consumption of intoxication, if the same is not habitual.
alcoholic beverages despite obvious psychological - It is considered an aggravating circumstance,
or physical harm to the person. Increasing amount when the intoxication is habitual or intentional.
are required overtime and abrupt discontinuance PROSTITUTION
may precipitate a withdrawal symptoms. -act or practice of providing sexual services to
ALCOHOLIC LIQUOR another person in return for payment.
-Any beverages or compound, whether distilled, -is the exchange of money for the performance of
fermented, or otherwise, which will produce sexual act.
intoxication or which contains in excess of one PROSTITUTE
percent of alcohol and used as a beverage. -Customarily used, to refer to a female person who
DRUNKARD engages in sex in exchange for money as
- A person who habitually takes or use any profession.
intoxicating alcohol liquor and while under the PHILANDERING
influence of such, or in consequence of the effect -Is having casual/illicit sex with a number of
thereof, is either dangerous to himself or to others. people.
ALCOHOLISM – which is also known as -It usually refers to men, and often in the context of
“Alcohol Dependence Syndrome” is a disease cheating on a wife or girlfriend.
characterized by the following: TO PHILANDER
a) Craving – strong need or compulsion to drink -Is to carry on romantic and/or sexual affairs
b) Loss of Control – frequent inability to stop outside a committed relationship
drinking once a person has begun to drink. PHILANDER
c) Physical Dependence – The occurrence of -Is a serial cheater who betrays his spouse or long
withdrawal symptoms, such as shakiness and term partner repeatedly;
anxiety when alcohol use is stopped. -The term usually refers to men (obviously, women
SOME PROBLEMS ARISING FROM have also been known to carry on affairs).
ALCOHOLISM VAGRANTS AND PROSTITUTES (under
a) Loss of employment which can lead to RPC)
financial problems; -Any person having no apparent means of
b) Marital Conflict and contribute to subsistence, who has the physical ability to work
domestic violence; and who neglects to apply himself or herself to
c) Drinking at inappropriate times and some lawful calling.
behavior can lead to legal consequences, such as -Any person found loitering about public or semi-
public disorder (Alarm and Scandal). public building or places, or tramping or wandering
DRUNKNESS AS A CRIME about the country or to the streets without visible
-In the Philippines, drunkenness in itself is not a means of support.
crime because a person may drink to excess in the
-Any idle or dissolute person who lodges in houses JUETENG
of ill-fame, ruffians or pimps and those who -Illegal numbers game that involves the
habitually associate with prostitutes. combination of numbers as a form of local lottery
PROSTITUTES – where bets are placed and accepted per
women, who for money or profit, habitually combination .
indulge in sexual intercourse or lascivious conduct. MASIAO
Republic Act No. 10158 -Illegal numbers game where the winning
Sgned last March 27, 2012, amended Article 202 of combination is derived from the results of the last
the Revised Penal Code removing vagrancy from game of Jai Alai or the Special Llave portion
the country's list of crimes amid concerns it only LAST TWO
targets the poor and the disadvantaged. -Illegal numbers game where the winning
Although the poor or homeless people can no combination is derived from the last two numbers
longer be hauled to jail for vagrancy, the new law of the first prize of the winning Sweepstakes ticket.
continued to penalize women engaged in BETTOR (Mananaya)
prostitution. -Any person, who places bets for himself/herself or
RA 10158, defined prostitutes as "women who for in behalf of another person, other than the
money or profit, habitually indulge in sexual personnel or staff of any illegal numbers game
intercourse or lascivious conduct." operation.
A person found guilty of prostitution is punished by
imprisoned from one to 30 days or a fine not COLLECTOR or AGENT (Cabo, Cobrador)
exceeding P200. -Any person who collects, solicits or produces bets
In case of recidivism, they are punished by arresto in behalf of his/her principal for any illegal
mayor in its medium period to prison correccional numbers game who is usually in possession of
in its minimum period or a fine ranging from P200 gambling paraphernalia
to P2,000, or both, depending on the court. MAINTAINER, MANAGER OR OPERATOR
With the enactment of the law, all pending -Any person who maintains, manages, or operates
vagrancy cases meantime shall be dismissed and all any illegal number game in a specific area.
persons serving sentence for violating the vagrancy FINANCIERS OR CAPITALIST
law shall immediately be released. -Any person who finances the operations of any
RELATED LAWS ON THE PROTECTION OF illegal numbers game.
WOMEN AND CHILDREN PROTECTOR OR CODDLER
RA 7610, as amended, (Special Protection of -Any person who lends or provides protection, or
children against child abuse, exploitation and receives benefits in any manner in the operation of
discrimination Act) any illegal numbers game.
- Penalize those who engage in or promote, RELATED LAWS ON GAMBLING
facilitate or induce child prostitution, who - Article 195 of RPC. Acts punishable in
commit the act of sexual intercourse or lascivious gambling – any person directly or indirectly take
conduct with a child exploited in prostitution and part in any game of Monte, jueteng, other form of
who derived profit on advantage therefrom, lottery, policy, banking or percentage game, dog
whether as a manager or owner of the races or any other game the result of which
establishment. depends wholly upon a chance wherein wagers
-penalty of reclusion temporal in its medium period consisting of money, articles of value, or
to reclusion perpetua representative of value are made.
GAMBLING Article 195 of RPC. (Penalty)
-Wagering of money or something of material -The penalty of arresto mayor or a fine not
value on an event with an uncertain outcome with exceeding two hundred pesos, and, in case of
the primary intent of winning additional money recidivism, the penalty of arresto mayor or a fine
and/or material goods. ranging from two hundred or six thousand pesos,
ILLEGAL NUMBERS GAME - The penalty of prision correccional in its
-Any form of illegal gambling activity which uses maximum degree shall be imposed upon the
numbers or combination as factors in giving out maintainer, conductor, or banker in a game of
jackpots. jueteng or any similar game.
Article 196 (RPC). Penalizing any person who - The penalty of arresto menor or a fine not
shall import into the Philippine Islands from any exceeding 200 pesos, or both, in the discretion of
foreign place or port any lottery ticket or the court
advertisement, or in connivance with the importer, RA 3063 – Approved June 17, 1961
shall sell or distribute the same. authorizing licensed race tracks and racing clubs
-The penalty of arresto mayor in its maximum and their authorized agent to offer, take or arrange
period to prision correccional in its minimum bets outside the place, enclosure of track where the
period or a fine ranging from 200 to 2,000 pesos, or races held.
both, in the discretion of the court Penalty - fine of not less than one thousand pesos
not more than two thousand pesos or by
Article 197 (RPC). Betting in sports Contest – imprisonment for not less than one month or more
Penalizing any person who shall bet money or any than six months, or both, in the discretion of the
object or article of value or representative of value court. If the offender is a partnership, corporation
upon the result of any boxing or other sports or association, the criminal liability shall devolve
contest. upon its president, director, or any other official
-The penalty of arresto menor or a fine not responsible for the violation.
exceeding 200 pesos, or both, PD 449 – Cockfighting Law of 1974 – Approved
Article 198 (RPC). Illegal betting on horse races May 9, 1974.
– Penalizing any person who, except during the PD 483 - Penalizing Betting, Game-fixing or point
periods allowed by law, shall bet on horse races. shaving and Machinations in Sports Contents.
- The penalty of arresto menor or a fine not Approved on June 13, 1974.
exceeding 200 pesos, or both, PD 1602 – Approved June 11, 1978.prescribing
Article 199 (RPC). Illegal cockfighting – stiffer penalties on illegal gambling.
Penalizing any person who directly or indirectly RA 9287 – Approved 2, 2004
participates in cockfights, at a place other than a An Act increasing the penalties for illegal numbers
licensed cockpit. games, amending certain provisions of P.D. 1602,
and for other purposes.
REVIEW NOTES ON TECHNICAL ENGLISH 1 (LEGAL FORMS)
Prepared by: Dr. Edelito P Deles

Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Use and Create the following legal forms but are not limited to: Affidavit of
Arresting Officer, Complaint Affidavit, Affidavit of Witness, Application for
Search Warrant, Affidavit after execution of search warrant issued,
Application/Petition to Wire Tap, Affidavit of Desistance, Reply/Answer
Affidavit, Rejoinder Affidavit, Counter Affidavit, Affidavit of Denial for NBI
Clearance, Affidavit of Undertaking, Affidavit of Loss, Deposition of Witness,
Affidavit of Disinterest persons, Judicial Affidavit, Memo for Preliminary
Investigation, Motion for Reconsideration, Petition/Application for
Compulsory Confinement for Drug dependent, Petition/Application for
Voluntary Confinement for Drug dependent, Application for Voluntary
Confinement for Drug dependent thru Representation
2. Use and design the parts of an affidavit, legal responsibilities, obligations,
and liabilities of making or executing affidavits and petitions, requirements
in the verification, and certification of statements.
Sub - topics: ● States the surrounding circumstances, reasons,
I. Purposes of Various Legal Forms prayer, and other relevant items for the issuance of
Il. Parts of an Affidavit a search warrant in connection with one specific
Ill. Legal Responsibilities, Obligations, and offense
Liabilities of Making or Executing an Affidavit or
Petition Affidavit after Execution of Search Warrant
Issued
IV. Requirements in the Verification and ● States the names of the officers, date, time,
Certification of Statement method, disposition, and other relevant items on the
I. PURPOSES / CONTENTS OF VARIOUS evidence searched and seized.
LEGAL FORMS
Affidavit of Arresting Officer Application / Petition to Wire Tap
• States the cause, method and other relevant facts ● States the names of the officers applying, the
in taking a person into custody, so, the date, time, place, method, grounds, and other
latter may be bound to answer the compression of relevant items for the petition to wire tap.
an offense.
Affidavit of Desistance
Complaint Affidavit ● States the intention to withdraw the case
● States the names of the complainant, and previously filed.
defendant, the designation of the offense given by
the statute, the acts or omissions complained of as Counter Affidavit / Answer
constituting the offense, the approximate date, and ● States the affirmative defenses and/or specific
the place where the offense was committed. denials, if any, to address the allegations in the
complaint.
Affidavit of Witness
● States the relevant facts perceived by the witness Reply
based on personal knowledge. ● Answers the affirmative defenses and/or specific
denials in the counter affidavit/answer.
Application for Search Warrant
Rejoinder Affidavit
● Answer the new and material items on the reply. Il. TYPICAL PARTS OF AN AFFIDAVIT
● Title / Caption
Affidavit of Denial for NBI Clearance ● Name, legal status, and address of the affiant
● States the reason for the denial of the said ● Relevant facts
clearance. ● Prayer, or relief sought, If any
● Date and place of execution
Affidavit of Undertaking ● Signature of the affiant
● States the pertinent surrounding circumstances ● Notarization
and the corresponding promise to give, to do forgot
to do a particular thing. III. LEGAL RESPONSIBILITIES,
OBLIGATIONS, AND LIABILITIES OF
Affidavit of Loss MAKING OR
● States the surrounding circumstances for the loss EXECUTING AN AFFIDAVIT OR PETITION
of a particular thing. ● Imprisonment
● Fine
Deposition of Witness ● Disqualification from government service
● States the relevant facts perceived by the witness
based on personal knowledge, but submitted in What is its relevant law?
advance due to some valid reason like • Republic Act No. 11594 approved on October 29,
unavailability to testify on some future dates. 2021 amended Articles 183 and 184 of
Act No. 3815, as amended (RPE), to wit:
Affidavit of Disinterested Persons “Article 183. False testimony in other cases and
● States the relevant facts perceived by the witness perjury in solemn affirmation.
based on personal knowledge, but submitted in The penalty of prision mayor in its minimum
advance due to some valid reason like period shall be imposed upon any person who,
unavailability to testify on some future dates. knowingly making untruthful statements and not
being included in the provisions of the next
Judicial Affidavit preceding articles, shall testify under oath, or make
● States the relevant facts perceived by the witness an affidavit, upon any material matter before a
based on personal knowledge, which serves as the competent person authorized to administer an oath
direct testimony. in cases in which the law so requires.

Motion for Reconsideration Any person who in case of a solemn affirmation


● States the errors of law or fact in the judgment, made in lieu of an oath, shall commit any of
which requires no further proceedings. the falsehoods mentioned in this and the three
preceding articles of this section, shall suffer the
Petition / Application for Compulsory respective penalties provided therein:
Confinement of a Drug Dependent
● States the relevant facts, grounds, and prayer for Provided, That is the person responsible for the
the compulsory confinement of a drug dependent. commission of this felony is a public officer
or employee, the penalty shall be imposed in its
Petition / Application for Voluntary maximum period:
Confinement of a Drug dependent
● States the relevant facts, grounds, and prayer for Provided, finally That the offender shall also suffer
the voluntary confinement of a drug dependent. a fine not to exceed One million pesos
(P1,000,000.00) and perpetual absolute
Application for Voluntary Confinement of a disqualification from holding any appointive or
Drug dependent through Representation elective position in the government or in any
● States the relevant facts grounds, and prayer for agency, entity, or instrumentality thereof.
the voluntary confinement of a drug dependent,
executed by a representative. Article 184. Offering false testimony in evidence.
Any person who willfully and knowingly offers in • Fact that the pleading is not filed to harass, cause
evidence a false witness or testimony in any unnecessary delay, or needlessly increase the cost
judicial or official proceeding, shall be punished as of litigation
guilty of false testimony and shall suffer the • Fact that the allegations therein have evidentiary
respective penalties provided in this section. support or, if specifically so identified, will
likewise have evidentiary support after a reasonable
IV. REQUIREMENTS IN THE opportunity for discovery
VERIFICATION AND CERTIFICATION OF • Fact that s/he has not commenced any action or
STATEMENT filed any claim involving the same issues in any
When is verification and certification of a court, tribunal, or quasi →judicial agency
statement required? • Fact that s/he to the best of her/his knowledge, no
such other action or claim is pending
• Applies in initiatory pleadings therein
• Or as may be specifically mandated by relevant • Fact that should it come to her/kis knowledge that
laws or rules other action or claim has been filed or is
pending, she shall report that fact within five (5)
What are the contents of verification and calendar days therefrom to the concerned
certification? office wherein the complaint or initiatory pleading
• Title / Caption is filed Date and place of execution Prayer,
• Name, legal status, and address of the affiant or relief sought, it any Signature of the affiant
• Fact that s/he has caused the preparation and • Notarization
filing of the pleading pursuant to and in accordance “Blessed is the one who finds wisdom, and the
with law one who gets understanding, for the gain from
• Fact that s/he has personally read and understood her is better than gain from silver and her profit
the contents therein and that all are true and correct better than gold” - Proverbs 3:13-14
based on her his personal knowledge, or authentic
documents
REVIEW NOTES ON TECHNICAL ENGLISH 2 INVESTIGATIVE
REPORT WRITING
Prepared by: Dr. Edelito P Deles

Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Execute, critique, or generate reports used by the PNP, BJMP, BFP, PDEA,
NBI, BUCOR, Parole and Probation Administration, and other relevant
agencies or private security agencies: Incident Report, Blotter, Initial/spot
Report, Progress Report, Follow-up Report, After Incident Report,
Intelligence Report, Post Operation Report, Status Report, Investigation
Report, Final Report. Vertical and Lateral Report, Directive, Relieved Order,
Assumption Order and Report, Designation Order, Periodic or Evaluation
Report, Vertical Memorandum and Lateral Memorandum, Letter of
Instruction, Mission Order.
2. Use the parts, characteristics, rules in grammar and composition, radio
codes/phonetics in making reports, style and format, courtesy, and
etiquette, of a report or memorandum.
Sub - topics: • Directive
I. Reports used by the PNP, BJMP, BFP, PDEA, • Relieved Order
NBI, BUCOR, Parole and Probation • Assumption Order and Report
Administration and other relevant agencies or • Designation Order
private security agency • Periodic or Evaluation Report
II. Purposes / Contents of the said Reports • Letter of Instruction
III. Typical Parts of a Report • Mission Order
IV. Characteristics / Courtesy / Etiquette of a Good • Radio Codes
Report • Phonetics in Making Reports
V. Rules in Grammar and Composition
VI. Style and Format Il. PURPOSES / CONTENTS OF THE SAID
REPORTS
I. REPORTS USED BY THE PNP, BJMP, BFP, Blotter
PDEA, NBI, BUCOR, PAROLE, AND • States the date, time, place, persons, and things
PROBATION ADMINISTRATION AND involved in a particular
OTHER RELEVANT AGENCIES OR
PRIVATE SECURITY AGENCY Incident Report
What are the most common reports by various • States the date, time, place, persons, and things
law enforcement and private security agencies? involved in a particular incident.
• Blotter
• Incident Report After Incident Report
• After Incident Report • States the action taken, status and other essential
• Initial / Spot Report details pertinent to a particular incident.
• Progress Report / Follow-up Report
• Final Report Initial / Spot Report
• Intelligence Report ^ Status Report • States the preliminary details of a particular
• Post Operation Report, incident such as the date, time, place, persons, and
• Investigation Report things involved.
• Vertical Report / Memorandum
• Lateral Report / Memorandum Progress Report / Follow-up Report
• States the details of the development of a Letter of Instruction
particular incident, if any. •States a particular order from a higher to a lower
ranking officer in the same organization.
Final Report
• States the completion of the operations, and/ or Mission Order
termination of the case. • States the particular duty or assignment for a
given period of time.
Intelligence Report
States the essential elements of information, and Radio Code
other requirements of intelligence operations. • Intended to report in the fastest possible time a
particular incident within the assigned area of
Status Report responsibility.
•States the current situation of the assignment.
Phonetics in making reports
Post Operation Report A - Alpha
• States the details of the action taken, status and B - Bravo
other essential details after a particular operation. C - Charlie
D - Delta
Investigation Report E - Echo
• States the six cardinal points of investigation, the F - Foxtrot
5Ws and 1H. G - Golf
H - Hotel
Vertical Report/ Memorandum I - India
• Intended for higher or lower ranking officers in J- Juliet
the same organization. K - Kilo
L - Lima
Lateral Report / Memorandum M - Mike
• Intended for co - equal ranking officer in the same N - November
organization. O - Oscar
P - Papa
Directive Q - Quebec
• States the order of a higher to a lower ranking R - Romeo
officer in the same organization. S - Sierra
T - Tango
Relieved Order U - Uniform
• States the summary of facts, grounds, applicable V - Victor.
laws / rules, effectivity and other relevant items on W - Whiskey
the said decision. x - X - ray
Y - Yankee
Assumption Order and Report Z - Zulu
• States the authority for occupying a particular
position ok assignment, and date of its effectivity. II. TYPICAL PARTS OF A REPORT
● Title / Caption
Designation Order ● Name, rank, and address of assignment of the
•Intended to assign to a person to a particular reporter Relevant facts
position of authority and responsibility. ● Date and place of execution
● Other relevant matters
Periodic or Evaluation Report ● Signature of the reporter
• Intended to update the receiver of the
development and status of the organization and its IV. CHARACTERISTICS / COURTESY /
operation for a determined period of time. ETIQUETTE OF A GOOD REPORT
● Precise
● Accurate
● Complete • Use the present progressive tense for current
● Relevant action
● Unbiased Anything that is happening right now
● Grammatically acceptable With helping verb and the verb always ends with
● Simplified “ing”
● Respectful Example: Team Aguila is fighting the Black Ops.
● Concise
● Reader friendly • Add (ed) to verbs for past tense
Applicable to regular verbs
V. RULES IN GRAMMAR AND Example: Major Basco reported the outcome or his
COMPOSITION operations to Gen. Oligario.
• Use active voice
Subject (S) + Verb (V * Object (Q • Use present perfect for the unfinished past
Example: Capt. Cardo Dalisay arrested Renato With a helping verb “has/have”
Hipolito. Example: Capt. Dalisay has slammed ten members
of Black Ops so far.
• Link Ideas with a conjunction
SVO + Coordinating Conjunction + SVO • Use present perfect progressive for unfinished
Example: Capt. Sardo Dalisay arrested Renato action and past
Hipolito, but the latter killed himself before Both action and time are considered unfinished.
arriving at the police station. With a helping verb “has been / have been”
Example:
• Use a comma to connect two ideas as one Team Aguila has been fighting Team Bwitre for
SV0 + Comma + Coordinating Conjunction + SV0 several years
Example: Capt. Cardo Dalisay arrested Renato
Hipolito, but Natter killed himself before arriving •Use past perfect for the first of two past actions
at the police station. Two things happened in the past With a helping
verb ”had”
•Use a serial comma in a list Example: Patrolman Espinosa could not pay for
Serial comma is the last comma in a list. dinner because he had lost his wallet.
Example:/ Capt. Cardo Dalisay has firearm,
ammunition, and a bullet proof vest. VI. STYLE AND FORMAT
• This will depend on the agency pre - determined
• Use the semi - colon to join two ideas and approved version, with due regard to the
Semi - colon may be used to connect two ideas typical parts, and characteristics of a good report.
instead of a coordinating conjunction.
Example: Capt. Cardo Dalisay is hyperactive; he She is more precious than jewels, and nothing you
won’t stop fighting until the enemy is desire can compare with her. Long life is
defeated. in her right hand; in her left hand are riches and
honor - Proverbs 3:15 – 16
• Use the simple present tense for habitual actions
Use the basic form of a verb.
Example: Gen. Borja and Capt. Dalisay meet every
after office hours to discuss their whole day of
operations.
REVIEW NOTES ON INTRODUCTION TO CYBERCRIME AND
ENVIRONMENTAL LAWS
Prepared by: Prof. Joselito P Barba

Table of Specification
The registered criminologist can perform the competencies under the following sub-
topics:
1. Recall and Explain the Cybercrime Offenses as provided by law; the
process of Cyber Intelligence, Cyber Investigation; Application of Cyber
Warrant, issuance and validity of the cyber warrant, preservation, and
Seizure of device and the Cyber/Electronic/Digital Evidence; processes of
filing cybercrime cases and evidence required, admissibility of
electronic/digital evidence obtained.
2. Recall and Classify the acts punishable under Solid Waste Management
Law, Toxic Substance law, Clean Air Act, Clean Water Act, punishable acts
about Logging and timber cutting, prohibited acts on wildlife resources
conservation, punishable acts on fishing and aquatic resources and other
relevant laws.

INTRODUCTION TO CYBERCRIME if it was the ancestor of that Abacus. Counters


in the lower groove are 1 x 10n, those in the
LESSON 1. upper groove are 5 x 10n

Historical Background of the Computers and Industrial Age – 1600


the Cyberspace
John Napier, a Scottish nobleman, and
Ancient Times politician devoted much of his leisure time to
the study of mathematics. He was especially
Early Man relied on counting on his fingers interested in devising ways to aid
and toes (which by the way, is the basis for computations. His greatest contribution was
our base 10 numbering system). They also the invention of logarithms. He inscribed
used sticks and stones as markers. Later logarithmic measurements on a set of 10
notched sticks and knotted cords were used wooden rods and thus was able to do
for counting. Finally came symbols written on multiplication and division by matching up
hides, parchment, and later paper. Man numbers on the rods. These became known as
invents the concept of number, then invents Napier’s Bones.
devices to help keep up with the numbers of
his possessions. 1621 - The Slide rule

Roman Empire Napier invented logarithms, Edmund


Gunter invented the logarithmic scales (lines
The ancient Romans developed an Abacus, etched on metal or wood), but it was William
the first "machine" for calculating. While it Oughtred, in England who invented the slide
predates the Chinese abacus we do not know rule. Using the concept of Napier’s bones, he
inscribed logarithms on strips of wood and modern computers — binary
invented the calculating "machine" which was arithmetic.
used up until the mid-1970s when the first
hand-held calculators and microcomputers 1725 - The Bouchon Loom
appeared.
Basile Bouchon, the son of an organ maker,
The logarithmic scales worked in the textile industry. At this time
fabric with very intricate patterns woven into
1642 - Blaise Pascal (1623-1662) them was very much in vogue. To weave a
complex pattern, however, involved
Blaise Pascal, a French somewhat complicated manipulations of the
mathematical genius, at the age of 19 threads in a loom that frequently became
invented the machine, which he called tangled, broken, or out of place. Bouchon
the Pascaline that could do addition observed the paper rolls with punched holes
and subtraction to help his father, who was that his father made to program his player
also a mathematician. Pascal’s machine organs and adapted the idea as a way of
consisted of a series of gears with 10 teeth "programming" a loom.
each, representing the numbers 0 to 9. As The paper passed over a section of the loom
each gear made one turn it would trip the and where the holes appeared certain threads
next gear up to make 1/10 of a revolution. were lifted. As a result, the pattern could be
This woven repeatedly. This was the first punched
principle remained the foundation of all paper, stored program. Unfortunately, the
mechanical adding machines for centuries paper tore and was hard to advance. So,
after his death. The Bouchon’s loom never really caught on and
Pascal programming language was named in eventually ended up in the back room
his honor. collecting dust.

1728 - Falçon Loom


1673 - Gottfried Wilhelm von Leibniz (1646-
1716) In 1728 Jean-Batist Falçon, substituted a
deck of punched cardboard cards for the
Gottfried Wilhelm von Leibniz paper roll of Bouchon’s loom. This was much
invented differential and more durable, but the deck of cards tended to
integral calculus independently of Sir get shuffled and it was tedious to
Isaac Newton, who is usually given sole credit. continuously switch cards. So, Falçon’s loom
He invented the calculating machine ended up collecting dust next to Bouchon’s
known as Leibniz’s loom.
Wheel or the Step Reckoner. It could add and
subtract, like Pascal’s machine, but it could
also multiply and divide. It did this by 1745 - Joseph Marie Jacquard (1752-1834)
repeated additions or subtractions, the way
mechanical adding machines of the mid to Charles Babbage is known as the Father
late 20th century did. Leibniz also invented of the modern computer (even though none
something essential to of his computers worked or were even
constructed in their entirety). He first problem the Census Bureau hired Dr. Herman
designed plans to build, what he called the Hollerith. In 1887, using Jacquard’s idea of the
Automatic Difference Engine. punched card data storage, Hollerith
It was designed to help in the construction of developed a punched card tabulating system,
mathematical tables for navigation. which allowed the census takers to record all
Unfortunately, the engineering limitations of the information needed on punched cards
his time made it impossible for the computer which were then placed in a special tabulating
to be built. His next project was much more machine with a series of counters. When a
ambitious. lever was pulled several pins came down on
the card. Where there was a hole the pin
While a professor of mathematics at went through the card and made contact with
Cambridge University (where Stephen Hawkin a tiny pool of mercury below and tripped one
is now), a position he never actually occupied, of the counters by one. With Hollerith’s
he proposed the construction of a machine he machine, the 1890 census tabulation was
called the Analytic Engine. It was to have a completed in 1/8 the time. And they checked
punched card input, a memory unit (called the the count twice.
store), an arithmetic unit (called the mill),
automatic printout, sequential program After the census, Hollerith turned to
control, and 20-place decimal accuracy. He use his tabulating machines for business and
had worked out a plan for a computer 100 in 1896 organized the Tabulating Machine
years ahead of its time. Unfortunately, it was Company which later merged with other
never completed. It had to wait for companies to become IBM. His contribution
manufacturing technology to catch up to its to the computer then is the use of punched
ideas. card data storage. BTW: The punched cards in
computers were made the same size as those
During nine months in 1842-1843, Ada of Hollerith’s machine. And, Hollerith chose
Lovelace translated Italian mathematician the size he did because that was the same size
Luigi Menabrea's memoir on Charles as the one-dollar bill at that time and
Babbage's Analytic Engine. With her therefore he could find plenty of boxes just
translation, she appended a set of notes the right size to hold the cards.
which specified in complete detail a method
for calculating Bernoulli numbers with the FIRST-GENERATION
Engine. Historians now recognize this as the 1939-1942 Dr. John Vincent Atanasoff (1903-
world's first computer program and honor her 1995) and Clifford Berry (1918-1963)
as the first programmer. Too bad she has such Dr. John Vincent Atanasoff and his graduate
an illreceived programming language named assistant, Clifford Barry, built the first truly
after her. electronic computer, called the Atanasoff-
Berry Computer or ABC. Atanasoff said the
1880s – Herman Hollerith (1860-1929) idea came to him as he was sitting in a small
The computer trail next takes us to, of all roadside tavern in Illinois. This computer used
places, the U.S. Bureau of Census. In 1880 a circuit with 45 vacuum tubes to perform the
taking the U.S. census proved to be a calculations and capacitors for storage. This
monumental task. By the time it was was also the first computer to use binary
completed it was almost time to start over for math.
the 1890 census. To try to overcome this
It was Howard Aiken, in 1947, who made the
1943 – Colossus I rather short-sighted comment to the effect
that a computer is a wonderful machine, but I
The first successful electronic can see that six such machines would be
computer was built in Bletchley Park, England. enough to satisfy all the computing needs of
It was capable of performing only one the entire United States.
function, that of code-breaking during World
War II. It could not be re-programmed. 1946 – ENIAC - J. Prosper Eckert (1919-1995)
1944 – Mark I - Howard Aiken (1900-1973) and John W. Mauchly (1907-1980)
and Grace Hopper (1906-1992)
In 1944 Dr. Howard Aiken of Harvard finished The first all-electronic
the construction of the Automatic Sequence computer was the Electrical Numerical
Controlled Calculator, popularly known as the Integrator and Calculator, known as ENIAC. It
Mark I. It contained over 3000 mechanical was designed by J. Prosper Eckert and John W.
relays and was the first electro-mechanical Mauchly of the Moore School of Engineering
computer capable of at the University of Pennsylvania. ENIAC was
making logical decisions, like if x==3 the first multipurpose electronic computer,
then do this not like If its raining outside I though very difficult to re-program. It was
need to carry an umbrella. It could perform an primarily used to computer aircraft courses,
addition in 3/10 shell trajectories, and to break codes during
of a second. Compare that with something on World War II.
the order of a couple of nano-seconds ENIAC occupied a 20 x 40 foot room and
(billionths of a second) today. used 18,000 vacuum tubes. ENIAC also could
The important contribution of this machine never be turned off. If it was it blew too many
was that it was programmed by means of a tubes when turned back on. It had a very
punched paper tape, and the instructions limited storage capacity and it was
could be altered. In many ways, the Mark I
was the realization of Babbage’s dream. SECOND GENERATION
One of the primary programmers
for the Mark I was Grace Hopper. One day the 1948 – The Transister
Mark I was malfunctioning and not reading its In 1948 an event occurred that was to forever
paper tape input correctly. Ms Hopper change the course of computers and
checked out the reader and found a dead electronics. Working at Bell Labs three
moth in the mechanism with its wings scientists, John Bordeen (1908-1991) (left),
blocking the reading of the holes in the paper Waltar Brattain (19021987) (right), and
tape. She removed the moth, taped it into her William Shockly (1910-1989) (seated)
logbook, and recorded... Relay #70 Panel F invented the transistor.
(moth) in the relay. First The change over from vacuum tube
actual case of bug being found. She had circuits to transistor circuits occurred
debugged the program, and while the word between 1956 and 1959. This brought in the
bug had been used to describe defects since second generation of computers, those based
at least 1889, she is credited with coining the on transisters. The first generation was
word debugging to describe the work of mechanical and vacuum tube computers.
eliminating program errors. 1951 – UNIVAC
In 1964 the beginning of the thirdgeneration
The first practical electronic computer was computers came with the introduction of the
built by Eckert and Mauchly (of ENIAC fame) IBM System/360. Thanks to the new hybrid
and was known as UNIVAC (UNIVersal circuits (that gross looking orange thing in the
Automatic Computer). The first circuit board on the right), the state of the art
UNIVAC was used by the Bureau of Census. in computer technology allowed for 10
The unique feature of the UNIVAC was that it components per chip.
was not a one-of-akind computer. It was 1965 - PDP-8
mass-produced. In 1965 the first integrated circuit computer,
the PDP-8 from Digital Equipment Corporation
1954 – IBM 650 appeared. (PDP stands for Programmable
In 1954 the first electronic computer for Data Processor) After this the real revolution
business was installed at General Electric in computer cost and size began.
Appliance Park in Louisville, Kentucky. This
year also saw the beginning of operation of 1970 - Integrated Circuits
the IBM 650 in Boston. This comparatively By the early 70s the state of the art in
inexpensive computer gave IBM the lead in computer technology allowed for 1000
the computer market. Over 1000 650s were components per chip. To get an idea of just
sold. how much the size of electronic components
1957-59 – IBM 704 had shrunk by this time look at the image on
the right. The woman is peering through a
microscope at a 16K RAM memory integrated
From 1957-1959 the IBM 704 computer circuit. The stand she has her microscopy
appeared, for which the Fortran language was sitting on is a 16K vacuum tube memory
developed. At this time the state of the art in curcuit from about 20 years previous.
computers allowed 1 component per chip,
that is individual transistors.
1971
1958 - 1962 – Programming languages
The Intel corporation produced the first
From 1958-1962 many programming microprocessor chip which was a 4-bit chip.
languages were developed. Today’s chips are 64-bit. At approximately
1/16 x 1/8 inches in size, this chip
FORTRAN (FORmula TRANslator) contained 250 transistors and
COBOL (COmmon Business Oriented had all the computing power of ENIAC. It
Language) matched IBM computers of the early 60s that
LISP (LISt Processor) had a CPU the size of an office desk.
ALGOL (ALGOrithmic Language) 1975 – Altair 8800
BASIC (Beginners All-purpose Symbolic
Instruction Code)
The January 1975 issue of Popular
THIRD GENERATION Electronics carried an article, the first, to
describe the Altair 8800, the first lowcost
1964 – IBM System/360 microprocessor computer which had just
became commercially available.
Cost 1/10,000 as much in comparable dollars
(An Apple II with full 64 K of RAM cost $1200
Late 1970s to early 1980s – The in 1979.
Microcomputer Explosion That’s the equivalent of about $8000 to
$10000 in today's dollars)
During this period many companies appeared
and disappeared, manufacturing a variety of 1984-1989
microcomputers (they were called micro to
distinguish them from the mainframes which In 1984 the Macintosh was introduced. This
some people referred to as real computers). was the first mass-produced, commercially
There was Radio Shack’s TRS-80, the available computer with a Graphical User
Commodore 64, the Atari, but... Interface. In 1989 Windows 1.0 was
introduced for the PC. It was sort of Mac-like
but greatly inferior. Macintosh owners were
know to refer to it
1977 - The Apple II
1990s
Compared to ENIAC, microcomputers of
The most successful of the early the 90s:
microcomputers was the Apple II, designed Were 36,000 times faster (450 Megahertz was
and built by Steve Wozniak. With fellow the average speed) Had a memory capacity
computer whiz and business savvy friend, 1000 to 5000 times larger (average was
Steve Jobs, they started Apple Computer in between 4 and 20 Megabytes)
1977 in Woz’s garage. Less than three years Were 1/30,000 the size Cost 1/30,000 as
later the company earned over $100 million. much incomparable dollars (A PC still cost
Not bad for a couple of college dropout around $1500 the equivalent of about $2500
computer geeks. in 2008 dollars)

Early 2000s
1981
In 1981, IBM produced their first Compared to ENIAC, microcomputers of the
microcomputer. Then the clones started to early 2000s:
appear. This microcomputer explosion Are 180,000 times faster (2.5+ Gigahertz is the
fulfilled its slogan computers by the millions average speed)
for the millions. Compared to ENIAC, Have a memory capacity 25,000 times larger
microcomputers of the early 80s: (average 1+ Gigabytes of RAM)
Were 20 times faster (Apple II ran at the Are 1/30,000 the size cost 1/60,000 as much
speed of ¼ Megahertz). Had a memory incomparable dollars (A PC can cost from
capacity as much as 16 times larger (Apple $700 to $1500)
had 64
K). Data Storage
Were thousands of times more reliable.
Consumed the power of a light bulb instead of Data storage has also grown in capacity
a locomotive. and shrunk in size as dramatically as have
Were 1/30,000 the size. computers. Today a single data DVD will hold
around 4.8 gigabytes. It would take A computer is an electronic device, operating
90,000,000 punch cards to hold the same under the control of instructions stored in its
amount of data. And, there is talk of a new memory that can accept data (input), process
high-density video disk (HVD) that will be able the data according to specified rules, produce
to hold fifty times that much data. That's information (output), and store the
more than 240 gigabytes. information for future use.

Refers to an electronic, magnetic, optical,


electrochemical, or other data processing or
Just how much data is that communications device, or grouping of such
8 bits = 1 byte devices, capable of performing logical,
1024 bytes = 1 kilobyte arithmetic, routing, or storage functions and
1024 K = 1 Megabyte = 1,048,576 bytes which includes any storage facility or
1024 Mb = 1 Gigabyte = 10,73,741,824 equipment or communications facility or
bytes equipment directly related to or operating in
1024 Gb = 1 Terabyte = 1,099,511,627,776 conjunction with such device. It covers any
bytes type of computer device including devices
1024 Tb = 1 Petabyte = with data processing capabilities like mobile
1,125,899,906,842,624 bytes phones, smartphones, computer networks,
1024 Pb = 1 Exabyte = and other devices connected to the internet.
1,152,921,504,606,846,976 bytes
1024 Eb = 1 Zettabyte =
1,180,591,620,717,411,303,424 bytes Functionalities of a computer
1024 Zb = 1 Yottabyte =
1,208,925,819,614,629,174,706,176 bytes Any digital computer carries out five functions
in gross terms:
By comparison, 1K is approximately a. Takes data as input;
the memory needed to store one singlespaced b. Stores the data/instructions in its
typed page. memory and use them when required;
c. Process the data and converts it into
useful information;
LESSON 2. d. Generates the output; and
e. Controls all the above four steps.
FUNDAMENTALS OF THE COMPUTER

Definitions of Computer Computers classification

A computer is a machine or device that Computers can be generally classified by size


performs processes, calculations and and power as follows, though there is
operations based on instructions provided by considerable overlap:
a software or hardware program. It is
designed to execute applications and provides 1. Microcomputers (personal
a variety of solutions by combining integrated computers)
hardware and software components. Microcomputers became the most common
type of computer in the late 20th century. The
term “microcomputer” was introduced with laptop that is designed to be even more
the advent of systems based on single-chip portable. Netbooks are often cheaper than
microprocessors. The best-known early laptops or desktops. They are generally less
system was the Altair 8800, introduced in powerful than other types of computers, but
1975. The term "microcomputer" has they provide enough power for email and
practically become an anachronism. internet access, which is where the name
A small, single-user computer based on a "netbook" comes from.
microprocessor. In addition to the f. Mobile Devices - is any handheld
microprocessor, a personal computer has a computer. It is designed to be extremely
keyboard for entering data, a monitor for portable, often fitting in the palm of your
displaying information, and a storage device hand or your pocket. Some mobile devices are
for saving data. more powerful, and they allow you to do
These are two main types of Personal many of the same things you can do with a
Computers: 1. Macintosh (Macs), and desktop or laptop computer. These include
2. PC Compatibles (PC). tablet computers, e-readers, and
smartphones.
These computers include: g. Tablet computer – Like laptops, tablet
a. Desktop computers – A case put computers are designed to be portable.
under or on a desk. The display may be However, they provide a very different
optional, depending on use. The case size may computing experience. The most obvious
vary, depending on the required expansion difference is that tablet computers don't have
slots. Very small computers of this kind may keyboards or touchpads. Instead, the entire
be integrated into the monitor. screen is touch-sensitive, allowing you to type
b. Rackmount computers – The cases of on a virtual keyboard and use your finger as a
these computers fit into 19-inch racks and mouse pointer. Tablet computers are mostly
maybe space-optimized and very flat. A designed for consuming media, and they are
dedicated display, keyboard, and mouse may optimized for tasks like web browsing,
not exist, but a KVM switch or built-in remote watching videos, reading e-books, and playing
control (via LAN or other means) can be used games. For many people, a "regular"
to gain console access. computer like a desktop or laptop is still
c. In-car computers (carputers) – Built needed to use some programs. However, the
into automobiles, for entertainment, convenience of a tablet computer means that
navigation, etc. it may be ideal as a second computer.
d. Laptops - Portable and all in one case. h. Smartphones, smartbooks, and
Laptops are battery-operated or AC-powered palmtop computers – Small handheld
personal computers that can be easily carried personal computers with limited hardware
and used in a variety of locations. Many specifications. A smartphone is a powerful
laptops are designed to have all of the mobile phone that is designed to run a variety
functionality of a desktop computer, which of applications in addition to phone service.
means they can generally run the same They are small tablet computers, and they can
software and open the same types of files. be used for web browsing, watching videos,
However, some laptops, such as netbooks, reading e-books, playing games, and more.
sacrifice some functionality to be even more i. Programmable calculator– Like small
portable. e. Notebook computers – Portable handhelds, but specialized in mathematical
and all in one case. A netbook is a type of work.
j. Video game consoles – Fixed has a more powerful microprocessor and a
computers built specifically for entertainment higher-quality monitor.
purposes.
k. Handheld game consoles – The same 4. Mainframe computers
as game consoles, but small and portable. The term mainframe computer was created to
distinguish the traditional, large, institutional
computer intended to service multiple users
2. Minicomputers (midrange computers) from the smaller, single-user machines.
Minicomputers (colloquially, minis) are a class These computers are capable of handling and
of multi-user computers that lie in the middle processing very large amounts of data quickly.
range of the computing spectrum, in between Mainframe computers are used in large
the smallest mainframe computers and the institutions such as government, banks, and
largest single-user systems (microcomputers large corporations. They are measured in
or personal computers). The term supermini MIPS (million instructions per second) and can
computer or simply supermini was used to respond to hundreds of millions of users at a
distinguish more powerful minicomputers time.
that approached mainframes in capability.
Superminis (such as the DEC VAX or Data
General Eclipse MV/8000) were usually 32-bit 5. Supercomputers
at a time when most minicomputers (such as An extremely fast computer that can perform
the PDP-11 or Data General Eclipse or IBM hundreds of millions of instructions per
Series/1) were 16bit. second.
These traditional minicomputers in the last A supercomputer is focused on performing
few decades of the 20th century, found in tasks involving intense numerical calculations
small to medium-sized businesses, such as weather forecasting, fluid dynamics,
laboratories and embedded in (for example) nuclear simulations, theoretical astrophysics,
hospital CAT scanners, often would be rack- and complex scientific computations. A
mounted and connect to one or more supercomputer is a computer that is at the
terminals or tape/ card readers, like front-line of current processing capacity,
mainframes and unlike most personal particularly speed of calculation. The term
computers, but require less space and supercomputer itself is rather fluid, and the
electrical power than a typical mainframe. The speed of today's supercomputers tends to
contemporary term for minicomputers is become typical of tomorrow's ordinary
midrange computers, such as the higherend computer.
SPARC, POWER, and Itanium-based systems Supercomputer processing speeds are
from Oracle Corporation, IBM, and Hewlett- measured in floating-point operations per
Packard, and the size is now typically smaller, second or FLOPS. An example of a floating-
such as a tower case. point operation is the calculation of
A multi-user computer capable of supporting mathematical equations in real numbers. In
from 10 to hundreds of users simultaneously. terms of computational capability, memory
size and speed, I/O technology, and
3. Workstation topological issues such as bandwidth and
A powerful, single-user computer. A latency, supercomputers are the most
workstation is like a personal computer, but it powerful, are very expensive, and not cost-
effective just to perform batch or transaction
processing. These computers were developed e. Versatility
in the 1970s and are the fastest and the A computer is versatile in nature. It can
highest capacity computers. perform different types of tasks with the same
ease. At one moment you can use the
Characteristics of Computer computer to prepare a letter document and in
Speed, accuracy, diligence, storage capability, the next moment, you may play music or print
and versatility are some of the key a document. Computers have several
characteristics of a computer. A brief limitations too. A computer can only perform
overview of these characteristics are; a. tasks that it has been programmed to do.
Speed
The computer can process data very fast, at
the rate of millions of instructions per second. Computer Components
Some calculations that would have taken
hours and days to complete otherwise, can be Any kind of computer consists of HARDWARE
completed in a few seconds using the AND SOFTWARE.
computer. For example, calculation and
generation of salary slips of thousands of I. Computer hardware
employees of an organization, weather The collection of physical elements that
forecasting that requires analysis of a large constitutes a computer system. Computer
amount of data related to temperature, hardware refers to the physical parts or
pressure, and humidity of various places, etc. components of a computer such as the
monitor, mouse, keyboard, computer data
storage, hard drive disk (HDD), solid state
drive (SSD), system unit (graphic cards, sound
b. Accuracy cards, memory, motherboard and chips), etc.
A computer provides a high degree of all of
accuracy. For example, the computer can
accurately give the result of the division of A. Input Device(s)
any two numbers up to 10 decimal places.
Any peripheral (a piece of computer hardware
c. Diligence equipment to provide data and control signals
When used for a longer period, the to an information processing system such as a
computer does not get tired. It can perform computer or other information appliance.
long and complex calculations with the same Input devices translate data from a form that
speed and accuracy from the start till the end. humans understand to one that the computer
can work with. The most common are
d. Storage Capability keyboard and mouse.
Large volumes of data and information can
be stored in the computer and also retrieved
whenever required. A limited amount of data Example of Input Devices:
can be stored, temporarily, in the primary
memory. Secondary storage devices like Barcode reader Joystick
floppy disks and compact disks can store a Scanner
large amount of data permanently. Cameras Keyboard Touch screen
Digital camera Microphone Touchpads
Electronic Whiteboard MIDI keyboard 3. Registers: Stores the data that is to be
Trackballs executed next, "very fast storage area".
Gamepad Mouse (pointing device)
Video Capture Hardware Primary Memory:
Graphics Tablets Pen Input
Webcam 1. RAM: Random Access Memory (RAM)
is a memory scheme within the computer
Note: The most commonly used keyboard is system responsible for storing data on a
the QWERTY keyboard. Generally, a standard temporary basis, so that it can be promptly
Keyboard has 104 keys. accessed by the processor as and when
needed. It is volatile in nature, which means
Central Processing Unit (CPU) that data will be erased once the supply to the
storage device is turned off. RAM stores data
Is the brain of a computer. It is responsible for randomly and the processor accesses these
all functions and processes. Regarding data randomly from the RAM storage. RAM is
computing power, the CPU is the most considered "random access" because you can
important element of a computer system. access any memory cell directly if you know
the row and column that intersect at that cell.

2. ROM (Read Only Memory): ROM is a


The CPU is comprised of three main parts: permanent form of storage. ROM stays active
regardless of whether the power supply to it
1. Arithmetic Logic Unit (ALU): Executes is turned on or off. ROM devices do not allow
all arithmetic and logical operations. data stored on them to be modified.
Arithmetic calculations like addition,
subtraction, multiplication, and division. A Secondary Memory:
logical operation like compare numbers,
letters, or special characters Stores data and programs permanently: its
retained after the power is turned off
2. Control Unit (CU): controls and
coordinates computer components. 1. Hard drive (HD): is an
a. Read the code for the next instruction electromechanical data storage device that
to be executed. stores and retrieves digital data using
b. Increment the program counter so it magnetic storage and one or more rigid
points to the next instruction. rapidly rotating platters coated with magnetic
c. Read whatever data the instruction material.
requires from cells in memory. 2. Solid State Drive (SSD): is a solid-state
d. Provide the necessary data to an ALU storage device that uses integrated circuit
or register. assemblies to store data persistently, typically
e. If the instruction requires an ALU or using flash memory, and functioning as
specialized hardware to complete, instruct the secondary storage in the hierarchy of
hardware to perform the requested computer storage. It is also sometimes called
operation. a solid-state device or a solid-state disk, even
though SSDs lack the physical spinning disks
and movable read-write heads used in HDD 3. Printers (all types) 4. Computer Output
and floppy disks. Microfilm (COM)
3. Optical Disk: an optical disc drive 5. Plotters 6. Speaker(s)
(ODD) is a disk drive that uses laser light as 7. Projector
part of the process of reading or writing data
to or from optical discs. Some drives can only Note Basic types of monitors are:
read from discs, but recent drives are a. Cathode Ray Tube (CRT);
commonly both readers and recorders, also b. Liquid Crystal Displays (LCD), and
called burners or writers. Compact discs, c. light-emitting diode (LED). Printer
DVDs, and Blu-ray discs are common types of types:
optical media that can be read and recorded a. Laser Printer;
by such drives. The optical drive is the generic b. InkJet Printer, and
name; drives are usually described as "CD" c. Dot Matrix Printer.
"DVD", or "Bluray", followed by "drive",
"writer", etc. There are three main types of
optical media: CD, DVD, and Bluray disc. CDs
can store up to 700 megabytes (MB) of data
and DVDs can store up to 8.4 GB of data. Blu- II. Software
ray discs, which are the newest type of optical
media, can store up to 50 GB of data. This Is a generic term for organized collections of
storage capacity is a clear advantage over the computer data and instructions, often broken
floppy disk storage media (a magnetic media), into two major categories: system software
which only has a capacity of 1.44 MB. that provides the basic non-taskspecific
4. Flash Disk: A storage module made of functions of the computer, and application
flash memory chips. Flash disks have no software that is used by users to accomplish
mechanical platters or access arms, but the specific tasks.
term "disk" is used because the data are
accessed as if they were on a hard drive. The Software Types
disk storage structure is emulated.
A. System software
Is responsible for controlling, integrating, and
managing the individual hardware
Output devices components of a computer system so that
other software and the users of the system
Is any piece of computer hardware equipment see it as a functional unit without having to be
used to communicate the results of data concerned with the lowlevel details such as
processing carried out by an information transferring data from memory to disk, or
processing system (such as a computer) that rendering text onto a display.
converts the electronically generated
information into human-readable form. Generally, system software consists of an
operating system and some fundamental
utilities such as disk format, file managers,
display managers, text editors, user
Example on Output Devices: authentication (login) and management tools,
1. Monitor 2. LCD Projection Panels and networking and device control software.
4) MySQL (Database Software)
B. Application software 5) Microsoft PowerPoint (Presentation
Is used to accomplish specific tasks other than Software)
just running the computer system. Application 6) Adobe Photoshop (Graphics Software)
software may consist of a single program, Interaction:
such as an image viewer; a small collection of Generally, users do not interact with
programs (often called a software package) system software as it works in the
that work closely together to accomplish a background. Users always interact with
task, such as a spreadsheet or text processing application software while doing different
system; a larger collection (often called a activities.
software suite) of related but independent
programs and packages that have a common Dependency:
user interface or shared data format, such as System software can run
Microsoft Office, which consists of closely independently of the application software.
integrated word processor, spreadsheet, Application software cannot run
database, etc.; or a software system, such as a without the presence of the system software.
database management system, which is a
collection of fundamental programs that may Unit of Measurements
provide some service to a variety of other
independent applications. Storage measurements

The basic unit used in computer data storage


Comparison Application Software and System is called a bit (binary digit). Computers use
Software these little bits, which are composed of ones
System Software Application and zeros, to do things and talk to other
Software computers. All your files, for instance, are
Description: Computer software or just kept in the computer as binary files and
software is a general term primarily used for translated into words and pictures by the
digitally stored data such as computer software (which is also ones and zeros). This
programs and other kinds of information read two number system is called a “binary
and written by computers. The app comes number system” since it has only two
under computer software though it has a wide numbers in it. The decimal number system in
scope now. Application software, also contrast has ten unique digits, zero through
known as an application or an "app", is nine.
computer software designed to help the user
to perform specific tasks. Computer Storage units
Example: Bit BIT 0 or 1
1) Microsoft Windows Kilobyte KB 1024 bytes
2) Linux Megabyte MB 1024 kilobytes
3) Unix Gigabyte GB 1024 megabytes
4) Mac OSX Terabyte TB 1024 gigabytes
5) DOS 1) Opera (Web Browser) Size example
2) Microsoft Word (Word Processing) • 1 bit - answer to a yes/no question
3) Microsoft Excel (Spreadsheet • 1 byte - a number from 0 to 255.
software)
• 90 bytes: enough to store a typical bigger picture; it is data with relevance and
line of text from a book. purpose. It may convey a trend in the
• 4 KB: about one page of text. environment, or perhaps indicate a pattern of
• 120 KB: the text of a typical sales for a given time. Essentially information
pocketbook. is found "in answers to questions that begin
• 3 MB - a three-minute song (128k with such words as who, what, where, when,
bitrate) and how many".
• 650-900 MB - a CD-ROM
• 1 GB -114 minutes of uncompressed Knowledge
CD-quality audio at 1.4 Mbit/s • 8-16 GB - the Knowledge is closely linked to doing and
size of a normal flash drive implies know-how and understanding. The
knowledge possessed by each individual is a
Speed measurement: The speed of the product of his experience and encompasses
Central Processing Unit (CPU) is measured by the norms by which he evaluates new inputs
Hertz (Hz), Which represents a CPU cycle. The from his surroundings.
speed of the CPU is known as Computer
Speed. The content of the human mind can be
classified into four categories:
CPU SPEED MEASURES 1. Data: symbols
1 hertz or Hz 1 cycle per second 2. Information: data that are processed
1 MHz 1 million cycles per second or 1000 Hz to be useful; provides answers to "who",
1 GHz 1 billion cycles per second or 1000 "what", "where", and "when" questions
MHz 3. Knowledge: application of data and
Computer data information; answers "how" questions
Refers to any representation of facts, 4. Wisdom: evaluated understanding.
information, or concepts in a form suitable for We need to understand that processing data
processing in a computer system including a produced Information and process
program suitable to cause a computer system Information Produces Knowledge and so on
to perform a function and includes electronic
documents and/or electronic data messages The computer cannot do any work without
whether stored in local computer systems or instructions from the user. It executes
online. instructions as specified by the user and does
Data not take its own decisions.
Facts and figures relay something specific,
but which are not organized in any way and
which provide no further information Proper Care and Handling Computer
regarding patterns, context, etc. So data
means "unstructured facts and figures that Computers are machines that are very useful
have the least impact on the typical to people. Computers are used to store
manager." important data & information.
It is important to take care of your computer
Information so that it will continue to function well. If you
For data to become information, it must be take care of your computer, you will not
contextualized, categorized, calculated, and experience difficulties in retrieving data
condensed. The information thus paints a stored in it.
3. Use a virus scan before you open any
Here are some ways on how to take care of new programs or files that may contain
your computer: executable code. This includes packaged
software that you buy from the store as well
1. Keep Workplace Clean: Place your as any program you might download from the
computer in a clean, cool, and dry place. Internet.
2. Always in Good Condition: Do not 4. If you are a member of an online
place your computer under the direct heat of community or chat room, be very careful
sunlight or in a place where it might get wet. about accepting files or clicking links that you
3. Keep your Computer Clean: Clean find or that people send you within the
your computer regularly. Use a clean damp community.
cloth to clean the computer’s external casing 5. Make sure you back up your data
and the Accessories. (documents, bookmark files, important email
4. Keep Food Away: Don’t eat & drink messages, etc.) on a disc so that in the event
while using your computer. Small particles of of a virus infection, you do not lose valuable
food might fall on your computer & entice work.
insects to feed on them. Liquids, when spilled
on your computer, might destroy it.
5. Keep Dust Away: Cover your Computer Viruses
computer when not in use. This will prevent
dust from gathering in your computer. Viruses
6. Treat with Respect: Use a surge A virus is a small piece of software that
protector to protect your computer from piggybacks on real programs. For example, a
electrical fluctuations. If you are having a virus might attach itself to a program such as
problem, seek assistance. Do not touch or a spreadsheet program. Each time the
move the computer. spreadsheet program runs, the virus runs, too,
7. Keep Off: Use an Uninterrupted and it has the chance to reproduce (by
Power Supply (UPS) to give your computer a attaching to other programs) or wreak havoc.
few minutes of power during power failure.
This allows you to save your work & properly E-mail viruses
shut down your computer. An e-mail virus travels as an attachment to e-
8. Stop Computer VIRUS attack: mail messages, and usually replicates itself by
automatically mailing itself to dozens of
What are some tips to avoid viruses and people in the victim's e-mail address book.
lessen their impact? Some e-mail viruses don't even require a
1. Install anti-virus software from a double-click -- they launch when you view the
reputable vendor. Update it and use it infected message in the preview pane of your
regularly. e-mail software [source: Johnson].
2. In addition to scanning for viruses
regularly, install an "on access" scanner Trojan horses
(included in most anti-virus software A Trojan horse is simply a computer program.
packages) and configure it to start each time The program claims to do one thing (it may
you start up your computer. This will protect claim to be a game) but instead does damage
your system by checking for viruses each time when you run it (it may erase your hard disk).
you run an executable file.
Trojan horses have no way to replicate project, In the Atlantic Ocean, two places
automatically. were joined by cables for communication
purposes.
Worms On the same concept of Atlantic cable, today
A worm is a small piece of software that uses the whole world is connected by the internet.
computer networks and security holes to
replicate itself. A copy of the worm scans the
network for another machine that has a
specific security hole. It copies itself to the 1950
new machine using the security hole, and Root Cause of Internet Origin. The
then starts replicating from there, as well. fundamental reason behind the invention of
the internet was the cold war, fought
between the USA and Russia (The Soviet
LESSON 3 Union).
On Oct 04, 1957, Russia launched its first
HISTORICAL BACKGROUND OF THE INTERNET manmade satellite in space whose name was
the Sputnik 1.
OVERVIEW After knowing about this technology the USA
also thought that the USA should have to
According to January 2021 report, a total of enhance its technology.
4.66 billion active internet users worldwide 1955
59.5 percent of the global population. Of this Amazon and eBay goes online
total, 92.6 percent (4.32 billion) accessed the First dating site goes online (Match.com)
internet via mobile devices. This is the country
that has the highest number of internet users; 1958
China, India, and the United States rank ahead Formation of ARPA. The USA President Dwight
of all other countries in terms of internet D. Eisenhower created the ARPA (Advanced
users. China has more than 854 million Research Projects Agency) in Feb 1958 in
internet users, and India has approximately response to the Russian launching of Sputnik
560 million online users. Both countries still 1 on Oct 4, 1957.
have large parts of the population that are The reason behind the launching of ARPA was
offline. the USA could go ahead in science and
technology.
Internet Timeline 1960s The internet as we know it doesn’t exist
until much later, but internet history starts in
1836 the 1960s. In 1962, The ARPA hired the
The telegraph was invented in which Morse famous computer scientist J.C.R Licklider for
code technique was used, which contained IPTO (Information Processing Techniques
dots (.) and dashes (-), like this, 0 and 1 Office). IPTO was part of the ARPA. MIT
(Binary number) come in the computer computer scientist J.C.R. Licklider comes up
system. with the idea for a global computer network.
He later shares his idea with colleagues at the
1854 U.S. Department of Defense Advanced
The trans-Atlantic cable project began. That Research Projects Agency (ARPA).
project was completed in 1866. In that
Work by Leonard Kleinrock, Thomas Merrill, confirmed on the telephone, when they typed
and Lawrence G. Roberts on packetswitching the letter “G” the system got crashed.
theory pioneers the way to the world’s first Hence, “LO” became the first message
wide-area computer network. Roberts later delivered on the internet. The connection
goes on to publish a plan for the ARPANET, an between these two universities is known as
ARPA-funded computer network that the backbone of the internet. At the end of
becomes a reality in 1969. Over the following 1969, only four computers were connected to
years, the ARPANET grows. The internet this network.
begins in 1962 before the word “INTERNET” is After that many universities got
invented. interconnected by this network.
1971
1960-1965: Packet Switching Ray Tomlinson was a computer engineer, and
In between, in 1960, at RAND Corporation, he sent the first email between the two
Paul Baran invented such a network computers on the ARPANET in 1971.
technology, which could not be destroyed He is well known for introducing @ a symbol
during the nuclear war also. of the keyboard in the email addresses.
Similar technology was invented by Donald 1972
Davies in 1965 at NPL (UK National Physical ARPA officially gained a letter ‘D’ and became
Laboratory). DARPA (Defense Advanced Research Projects
The name of their invention was Packet Agency).
Switching. Packet switching was made upon
the three concepts which are: 1973
1. Decentralized Network – Mean if one Robert Kahn and Vinton Cerf collaborate to
path of the network is destroyed then data develop a protocol for linking multiple
could be flow through the other path. networks together. This later becomes the
2. File - It transfers data in the form of Transmission Control Protocol/Internet
packets from source to destination. Protocol (TCP/IP), a technology that links
3. Source - IP address of the source and multiple networks together such that, if one
destination mentioned on the packets. All this network is brought down, the others do not
happens at the speed of light. collapse. While working at Xerox, Robert
Metcalfe develops a system using cables that
1967 allows for the transfer of more data over a
Implementation of Packet Switching. The network. He names this system Alto Aloha,
developer of ARPANET implemented the but it later becomes known as Ethernet. Over
package switching in the ARPANET project. the next few years, Ted Nelson proposes using
hypertext to organize network information,
1969 and Unix becomes popular for TCP/IP
First Internet Connection. The first internet networks. Tom Truscott and Steve Bellovin
connection was established between the develop a Unix-based system for transferring
University of California and Stanford research data over phone lines via a dial-up
institute at 10:30 PM on Oct 29, 1969. Both connection. This system becomes USENET.
places were also connected to the telephone.
Initially, from one place to another place “L”
letter was typed, then “O” was typed and also
1981
Metcalfe’s company 3Com announces
Ethernet products for both computer 1994
workstations and personal computers; this First time Pizza hut offered online ordering on
allows for the establishment of local area their website.
networks (LANs). Paul Mockapetris, Jon Yahoo! was launched by Jerry Yang and David
Postel, and Craig Partridge create the Domain Filo.
Name System (DNS), which uses domain White House launches its first website.
names to manage the increasing number of (www.whitehouse.gov)
users on the internet.
1996
1982 Congress passes the Communications Decency
Dave Farber of the University of Delaware Act in an effort to combat the growing
reveals a project to build an inexpensive amount of objectionable material on the
network using dial-up phone lines. In 1982, internet. John Perry Barlow responds with an
the PhoneNet system is established and is essay, A Declaration of the Independence of
connected to ARPANET and the first Cyberspace.
commercial network, Telenet. This broadens Sabeer Bhatia and Jack Smith invented the
access to the internet and allows for email hot-mail (For SMS purposes)
communication between multiple nations of
the world. 1997
Vint Cert widely known as the “Father of the
1985 Internet,” Cerf is the co-designer of the TCP/IP
The first domain is registered: symbolics.com, protocols and the architecture of the Internet.
a domain belonging to a computer In December 1997, President Bill Clinton
manufacturer. presented the U.S. National Medal of
Technology to Cerf and his colleague, Robert
1990 E. Kahn, for founding and developing the
ARPANET is decommissioned. Tim Berners-Lee Internet.
and his colleagues at CERN develop hypertext
markup language (HTML) and the uniform
resource locator (URL), giving birth to the first Vint Cert
incarnation of the World Wide Web (WWW).
Tim Berners-Lee invented the World Wide 1998
Web (WWW). It was the turning point in the Larry Page and Sergey Brin invented Google as
history of the internet. Tim Berners-Lee was a search engine.
the computer scientist in the CERN Institute.
The first website of the world was the 1999
info.cern.ch which is the oldest website on The music and video piracy controversy
the internet and it is still live. intensify with the launch of Napster, and the
A watershed year for the internet comes in first internet virus capable of copying and
1995: Microsoft launches Windows 95; sending itself to a user’s address book is
Amazon, Yahoo and eBay all launch; Internet discovered. 18-year-old Napster invented Wi-
Explorer launches; and Java is created, Fi, wireless internet technology.
allowing for animation on websites and
creating a new flurry of internet activity. 2000
Sees the rise and burst of the dotcom bubble. The Internet, sometimes called simply "the
While myriad internet-based businesses Net," is a worldwide system of computer
become present in everyday life, the Dow networks, a network of networks in which
Jones industrial average also sees its biggest users at any one computer can, if they have
one-day drop in history up to that point. By permission, get information from any other
2001, most publicly traded dotcom companies computer (and sometimes talk directly to
are gone. It’s not all bad news, though; the users at other computers).
2000s see Google’s meteoric rise to
domination of the search engine market. This The Internet is the global system of
decade also sees the rise and proliferation of interconnected computer networks that uses
Wi-Fi — wireless internet communication — the Internet protocol suite (TCP/IP) to
as well as mobile internet devices like communicate between networks and devices.
smartphones and, in 2005, the first-ever It is a network of networks that consists of
internet cat video. private, public, academic, business, and
government networks of local to global scope,
2001 linked by a broad array of electronic, wireless,
Wikipedia went online on January 15, 2001. and optical networking technologies. The
Internet carries a vast range of information
2003 resources and services, such as the inter-
Apple launched the iTunes store with only linked hypertext documents and applications
200000 songs. of the World Wide Web (WWW), electronic
mail, telephony, and file sharing.
2004
Google announced the launch of Gmail, which
offered only 1GB of storage. In Feb 2004 Different Types of Internet Connections
Facebook was launched by Mark Zuckerberg.
When determining which type of Internet
2005 speed and Internet connection type is right
YouTube was launched by Google for for you or your family, it's important to
watching and downloading a video. understand the distinction between each
connection. In today's age, there are
numerous ways to connect laptops, desktops,
2006 mobile phones, gaming consoles, e-readers,
Twitter was launched by Jack Dorsey IN March and tablets to the Internet. Some of the most
2006. widely used Internet connections are
described below.

Definitions of the Internet MOBILE

An electronic communications network that Many cell phone and smartphone providers
connects computer networks and offer voice plans with Internet access. Mobile
organizational computer facilities around the Internet connections provide good speeds and
world, used with the exception when being allow you to access the Internet.
used attributively. The speeds vary depending on the provider,
but the most common are 3G and 4G speeds.,
and the Latest is 5G, the 5th generation This high-speed Internet connection is
mobile network. It is a new global wireless provided through either cable or telephone
standard after 1G, 2G, 3G, and 4G networks. companies. One of the fastest options
5G enables a new kind of network that is available, broadband Internet uses multiple
designed to connect virtually everyone and data channels to send large quantities of
everything including machines, objects, and information. The term broadband is
devices. shorthand for broad bandwidth. Broadband
5G wireless technology is meant to deliver Internet connections such as DSL and cable
higher multi-Gbps peak data speeds, ultra-low are considered high-bandwidth connections.
latency, more reliability, massive network Although many DSL connections can be
capacity, increased availability, and a more considered broadband, not all broadband
uniform user experience to more users. connections are DSL.
Higher performance and improved efficiency
empower new user experiences and connect DSL
new industries.
DSL, which stands for Digital Subscriber Line,
uses an existing 2-wire copper telephone line
WIFI HOTSPOTS connected to one's home so service is
delivered at the same time as landline
Wifi Hotspots are sites that offer Internet telephone service. Customers can still place
access over a wireless local area network calls while surfing the Internet.
(WLAN) by way of a router that then connects
to an Internet service provider. Hotspots CABLE
utilize WiFi technology, which allows
electronic devices to connect to the Internet Cable Internet connection is a form of
or exchange data wirelessly through radio broadband access. Through the use of a cable
waves. Hotspots can be phonebased or free- modem, users can access the Internet over
standing, commercial or free to the public. cable TV lines. Cable modems can provide
extremely fast access to the Internet, making
DIAL-UP a cable connection a viable option for many.
SATELLITE
Dial-up connections require users to link their
phone line to a computer in order to access In certain areas where a broadband
the Internet. This particular type of connection is not yet offered, a satellite
connection—also referred to as analog— does Internet option may be available. Similar to
not permit users to make or receive phone wireless access, a satellite connection utilizes
calls through their home phone service while a modem.
using the Internet. Now more outdated, a
dial-up connection used to be among the
most common Internet connection type.

ISDN
BROADBAND
ISDN (Integrated Services Digital Network)
allows users to send data, voice, and video
content over digital telephone lines or Internet:
standard telephone wires. The installation of 1. Global connection of networks;
an ISDN adapter is required at both ends of 2. The infrastructure.
the transmission—on the part of the user as
well as the Internet access provider. World Wide Web (WWW or the Web):
1. Internet Web being a collection of
There are quite a few other Internet information that can be accessed using the
connection options available, including T-1 Internet;
lines, T-3 lines, OC (Optical Carrier), and other 2. service on top.
DSL technologies.
The Web is the most widely used part of the
Internet. Its outstanding feature is hypertext,
Uses of the internet a method of instant cross-referencing. In most
Web sites, certain words or phrases appear in
In general, the Internet can be used to the text of a different color than the rest;
communicate across large or small distances, often this text is also underlined. When a user
share information from any place in the selects one of these words or phrases, they
world, and access information or answers to will be transferred to the related site or page.
almost any question in moments. Buttons, images, or portions of images are
Some specific examples of how the Internet is also used as hyperlinks.
used include: The Web provides access to billions of pages
1. Social media and content sharing; of information. Web browsing is done through
2. E-mail and other forms of a Web browser, the most popular of which
communication; such as Internet Relay Chat are Google Chrome, Firefox, and Internet
(IRC), Internet telephony, instant messaging, Explorer. The appearance of a particular Web
video conferencing site may vary slightly depending on the
3. Education and self-improvement browser used. Later or more updated versions
through access to online degree programs, of a particular browser can render more
courses, and workshops; and complex features, such as animation, virtual
4. Searching for jobs, both the employer reality, sound and music files.
and applicant use the Internet to post open
positions, apply for jobs and recruit Social impact of the Internet
individuals found on social networking sites. The social impact of the Internet can be seen
as both positive and negative. On one side,
Other examples include: people argue that the Internet has increased
5. Online discussion groups and forums the risk of isolation, alienation and withdrawal
6. Online dating from society, pointing to increases in an
7. Online gaming emotional response called FOMO, or the Fear
8. Research Of Missing Out. On the other side, people
9. Reading electronic newspapers and believe the Internet to have had the opposite
magazines effect on society, arguing that the Internet
10. Online shopping, or e-commerce. increases civic engagement, sociability and
the intensity of relationships.
Difference between the World Wide Web and Whether the impacts are good or bad, the
the Internet Internet has changed the way society
interacts and connects. One example of opening users up to the risk of data breaches
change is the increased focus on personal and other security threats.
growth and a decline in a community that is Hackers and crackers can break into networks
determined by work, family and space. People and systems and steal information such as
are now constructing social relationships login information or bank and credit card
based on individual interests, projects and account records. Some steps that can be
values. Communities are being formed by like- taken to protect online privacy include:
minded individuals not only offline and in 1. Installing antivirus and anti-malware;
person, but through the Internet and the 2. Creating difficult, varied passwords
multitude of online environments which it that are impossible to guess;
creates and offers. Social networking sites, 3. Using a virtual private network (VPN)
like Facebook and LinkedIn, have become the or, at least, a private browsing mode, such as
preferred platforms for both businesses and Google Chrome's Incognito window;
individuals looking to perform all kinds of 4. Only using HTTPS;
tasks and communicate with others. 5. Making all social media accounts
Benefits of the Internet include: private;
1. Access to endless information, 6. Deactivating autofill;
knowledge and education. 7. Turning off the device's GPS;
2. An increased ability to communicate, 8. Updating cookies so an alert is sent
connect and share. anytime a cookie is installed;
3. The ability to work from home, 9. Logging out of accounts instead of just
collaborate and access a global workforce. closing the tab or window;
4. The chance to sell and make money as 10. Using caution with spam emails and
a business or individual. never opening or downloading content from
5. Access to an unlimited supply of unknown sources; and
entertainment sources, such as movies, 11. Using caution when accessing public
music, videos and games. Wi-Fi or hotspots.
6. The ability to amplify the impact of a Additionally, there is an element of the
message, allowing charities and other Internet called the dark web. The dark web is
organizations to reach a wider audience and hidden and inaccessible through standard
increase the total amount of donations. browsers. Instead, it uses the Tor and I2P
7. Access to the internet of things (IoT), browsers which allow users to remain entirely
which allows home appliances and devices to anonymous. While this anonymity can be a
connect and be controlled from a computer or great way to protect an online user's security
smartphone. 8. The ability to save data and and free speech or for the government to
easily share files with cloud storage. keep classified data hidden, the dark web also
9. The ability to monitor and control personal creates an environment that facilitates
accounts instantly, such as bank accounts or cybercrime, the transfer of illegal goods, and
credit card bills. terrorism.

Advantages and Disadvantages of Internet


Security and the Internet In the present time, the internet has become
Large amounts of information, both public the most popular and influential medium in
and private, are collected across the Internet, the world whereas it’s had been unknown to
people fifteen years before. it is the biggest
source of information, communication, and buying them through the internet. Also,
advertising. computers and the internet are groceries, household, and other electronic
present in most homes but it has its items are available. You only need to sit in
advantages and disadvantages. the internet front of the computer, click the mouse and
has many applications like blockchain, the product will be at your doorstep within a
artificial intelligence, the internet of things, few hours.
etc.
Advantages of the Internet: Disadvantages of Internet:
1. Source of Information: On the other side of the coin if we discuss its
It is the best source of a variety of disadvantages in brief then the following are
information. Now even students of colleges some common:
and universities mainly depend on it to 1. A Waste of Time:
complete not only their assignments but also Most people argue that spending a lot of time
to keep themselves up-to-date. There is no using the internet is bad which leads to
better source of research other than the obesity in the young generation. In the
internet. We can find the latest trends, we can contemporary world, people also say that the
talk to specialists without actually visiting internet is not necessary for life and life would
them, and we can also get professional be easier without it.
assistance through the internet.
2. Source of Entertainment: 2. Not Safe Place for Children:
Online games, chatting, surfing, music, If children are allowed to use the internet
movies, dramas, and TV shows are becoming then parents become worried if they are
the most common sources of entertainment. spending much time on the internet.
Games are available free of cost, chat rooms Pornography and unethical communities are
are available to discuss on any topic, available. So one can say that the internet is
entertainment websites are accessible, online not a safe place for children because there are
movies and other TV shows are also easily different tools available who can bypass
accessible just because of the internet. ‘parental protection’. Also, children who use
the internet are becoming addicted to it
3. Keep Informed: which is again very dangerous.
Internet is a source of the newest news
because there are hundreds and thousands of
news-groups and services which keep you
informed with every tick of the clock. People 3. Privacy Exposure: Because of the
like to read news about sports, weather, hacker's community now it’s very easy to
politics or any other topic internet keeps you decipher someone’s chat or email messages.
well informed and up-to-date. As we know data is transmitted in the form of
packets, hackers sniff that packets and easily
4. Online Shopping: reconstruct.
Internet shopping is becoming popular
because of virtual shops where you can buy 4. Money Frauds:
anything you want and need without going With the introduction of online business,
out of the home. Virtual shops are earning virtual shops, and credit card usage; now it
much money recently. The most popular becomes very easy to buy things without
product is clothes which more women are going into the market. Besides legitimate sites
there are some other Social Media Advertising – operated by a limited group of users. The
sites that make frauds of money, these sites term is commonly used as a synonym for
try to get your personal information, credit computers and computer networks, but it also
card details, and even pin code. Once they get encompasses other information distribution
this information you can easily become a technologies such as television and
victim of money frauds. telephones. IT is considered to be a subset of
information and communications technology
5. Viruses/Malware: (ICT).
Often our systems get infected by viruses and ICT encompasses both the internet-enabled
ultimately damage our important data which sphere as well as the mobile one powered by
is difficult to recover. These viruses are wireless networks. It also includes antiquated
transported via the internet, CDs, and USBs. technologies, such as landline telephones,
Our computer can become totally out of radio and television broadcast – all of which
order. are still widely used today alongside cutting-
edge ICT pieces such as artificial intelligence
6. Online Threatening or Harassment: and robotics. The list of ICT components is
If someone manages to get your IDs or email exhaustive, and it continues to grow. Some
address then it becomes easier to harass in components, such as computers and
chat rooms, online messages, and through telephones, have existed for decades but
emails. smartphones, digital TVs and robots, are more
In the end, the internet has its advantages recent entries.
and disadvantages but its advantages are Components of ICT
extremely high. It simply making lives easier 1. Cloud computing – The term is
but we should not forget about the generally used to describe data centers
disadvantage it may bring. available to many users over the Internet.
Large clouds, predominant today, often have
Information and Communication Technology functions distributed over multiple locations
Information and communications technology from central servers. If the connection to the
(ICT) refers to all the technology used to user is relatively close, it may be designated
handle telecommunications, broadcast media, an edge server. Clouds may be limited to a
intelligent building management systems, single organization (enterprise clouds), be
audiovisual processing and transmission available to many organizations (public cloud)
systems, and network-based control and or a combination of both (hybrid cloud). The
monitoring functions. Although ICT is often largest public cloud is Amazon AWS.
considered an extended synonym for
information technology (IT), its scope is more 2. Software is a set of instructions, data
broad. or programs used to operate computers and
Information technology (IT) is the use of execute specific tasks. Opposite of hardware,
computers to store, retrieve, transmit, and which describes the physical aspects of a
manipulate data, or information, often in the computer, software is a generic term used to
context of a business or other enterprise. IT refer to applications, scripts and programs
system is generally an information system, a that run on a device. Software can be thought
communications system or, more specifically of as the variable part of a computer and
speaking, a computer system – including all hardware the invariable part. Software is
hardware, software and peripheral equipment often divided into application software, or
user downloaded programs that fulfil a want connected at different internet speeds.
or need, and system software, which includes Internet access enables individuals or
operating systems and any program that organizations to avail internet services/web-
supports application software. based services.

3. Hardware – in the context of The internet began to gain popularity with


technology, refers to the physical elements dial-up internet access. In a relatively short
that make up a computer or electronic system time, internet access technologies changed,
and everything else involved that is physically providing faster and more reliable options.
tangible. This includes the monitor, hard Currently, broadband technologies such as
drive, memory and the CPU. Hardware works cable internet and ADSL are the most widely
hand-inhand with firmware and software to used methods for internet access. The speed,
make a computer function. Hardware is only cost, reliability and availability of internet
one part of a computer system; there is also access depends on the region, internet service
firmware, which is embedded into the provider and type of connection.
hardware and directly controls it. There are many different ways to obtain
internet access, including Wireless
4. Digital Transactions can be broadly connection, Mobile connection, Hotspots,
defined as online or automated transactions Dial-up, Broadband, DSL or Satellite.
that take place between people and
organizations—without the use of paper. However, ICT commonly means more than
Digital transactions save time and money, its list of components, though. It also
resulting in a better bottom line. Customer encompasses the application of all those
experiences are also enhanced (think of the various components.
convenience of eSigning versus having to print
a contract, sign it, and then return it by mail
or fax). And digital transactions improve Definition of cyberspace
tracking capabilities—which helps reduce Cyberspace is the online world of computer
errors. networks and especially the Internet.
(Merriam Webster)
5. Digital Data is data that represents Cyberspace refers to the virtual computer
other forms of data using specific machine world, and more specifically, an electronic
language systems that can be interpreted by medium that is used to facilitate online
various technologies. The most fundamental communication.
of these systems is a binary system, which What happens in Cyberspace
simply stores complex audio, video or text 1. Criminals use it to steal Millions
information in a series of binary characters, 2. Governments use it for surveillance
traditionally ones and zeros, or «on» and 3. Hacktivists use it to further political
«off» values. goals

6. Internet access is the process of LESSON 4


connecting to the internet using personal
computers, laptops or mobile devices by users History and Development of the Computer
or enterprises. Internet access is subject to Crime and Cybercrime
data signaling rates and users could be
“He who is not contented with what he has, The evolution of development started before
would not be contented with what he would the ancient Romans developed an Abacus as
like to have.” the first machine used for calculating, it is
when Man invents the concept of the number
― Socrates using his finger and toes until they learned to
use sticks and stones as markers and notched
Definitions of Cybercrime sticks and knotted cords were used for
counting and came symbols were written on
1. Any illegal behavior committed hides, parchment, and later paper. In 1822
through, or with, a computer system or Charles Babbage first designed plans to build
network, including such crimes as illegal what he called the Automatic Different
possession, offering, or distributing Engine, however, began with the analytic
information utilizing a computer system or engine of Babbage.
network. (UN Definition).

2. An activity was done using computers The first recorded computer abuse occurred
and the internet. We can say that it is an in 1958. The first federally prosecuted
unlawful act wherein the computer either as a computer crime, identified as such, was the
tool or target or both. alteration of bank records by computer in
Minneapolis in 1966.
3. Any crime that takes place online or
primarily online. That can run the gamut from Cybercrime started from the first known
the aforementioned identify theft and other hacking in the 1970s to the sophisticated
security breaches to things like “revenge phishing attacks of today. The cyber threats
porn,” cyber-stalking, harassment, bullying, nowadays have grown in scope and
and even child sexual exploitation. Terrorists complexity that may victimize everyone by
are collaborating more on the internet, the hackers thru the gathering of individual
moving that most terrifying of crimes into personal data, business data specifically in
cyberspace. banks and other financial institutions, and
even the Government Classified Information
4. Goes beyond the technical, wherein the Economy and National Security
transnational dimension and involves will be affected.
offenders who deliberately fashion their
attacks to exploit the potential weaknesses The malicious tie to hacking was first
present in the infrastructure’s transnational documented in the 1970s when early
nature. It threatens the substantial and computerized phones were becoming a
growing reliance of commerce, governments, target. Tech-savvy people are known as
and the public upon the information “phreakers” found a way around paying for
infrastructure to conduct business, carries long-distance calls through a series of codes.
messages, and process information. They were the first hackers, learning how to
exploit the system by modifying hardware and
software to steal long-distance phone time.
History of the Computer Crime and This made people realize that computer
Cybercrime systems were vulnerable to criminal activity
and the more complex systems became, the new forms of computer crime were
more susceptible they were to cybercrime. recognized. They included the illegal use of
The criminal abuse of information technology computer systems and the manipulation of
and the necessary legal response are issues electronic data. The shift from manual to
that have been discussed ever since the computer-operated transactions led to
technology was introduced. Over the last 50 another new form of crime – computer-
years, various solutions have been related fraud. Already at this time,
implemented at the national and regional multimillion dollar losses were caused by
levels. One of the reasons why the topic computer-related fraud.
remains challenging is the constant technical Computer-related fraud, in particular, was a
development, as well as the changing real challenge, and law enforcement agencies
methods and ways in which the offenses are were investigating more and more cases. As
committed. the application of existing legislation in
In the 1960s, the introduction of transistor- computer-crime cases led to difficulties, a
based computer systems, which were smaller debate about legal solutions started in
and less expensive than vacuum-tube based different parts of the world. The United States
machines, led to an increase in the use of discussed a draft bill designed specifically to
computer technology. At this early stage, address cybercrime. Interpol discussed the
offences focused on physical damage to phenomena and possibilities for legal
computer systems and stored data. Such response.
Understanding cybercrime: Phenomena, In 1978, The first electronic bulletin board
challenges and legal response incidents were system came online and quickly became a
reported, for example, in Canada, where in preferred method of communication for the
1969 a student riot caused a fire that cyber world. It allowed fast, free exchange of
destroyed computer data hosted at the knowledge including tips and tricks for
university. In the mid-1960s, the United States hacking into computer networks. The first
started a debate on the creation of a central spam email took place in 1978 when Gary
datastorage authority for all ministries. Within Thuerk sent out over the ARPANT.
this context, possible criminal abuse of
databases and the related risks to privacy In the 1980s, personal computers became
were discussed. more and more popular. With this
In the 1970s, the use of computer systems development, the number of computer
and computer data increased further. At the systems and hence the number of potential
end of the decade, an estimated number of targets for criminals again increased. For the
100 000 mainframe computers were first time, the targets included a broad range
operating in the United States. With falling of critical infrastructure. One of the side
prices, computer technology was more widely effects of the spread of computer systems
used within administration and business, and was an increasing interest in software,
by the public. resulting in the emergence of the first forms
The 1970s were characterized by a shift from of software piracy and crimes related to
the traditional property crimes against patents. The interconnection of computer
computer systems that had dominated the systems brought about new types of offence.
1960s, to new forms of crime. While physical Networks enabled offenders to enter a
damage continued to be a relevant form of computer system without being present at
criminal abuse against computer systems, the crime scene.
being infected and reinfected at a rate much
In addition, the possibility of distributing faster than he anticipates.
software through networks enabled offenders Robert T. Morris Jr, a graduate student at
to spread malicious software, and more and Cornell, released a self-replicating worm onto
more computer viruses were discovered. the Defense Department’s ARPANET.
Countries started the process of updating ARPANET is the precursor to the Internet as
their legislation so as to meet the we know it today. The worm gets out of hand,
requirements of a changing criminal infects more than 600,000 networked
environment. International organizations also computers, and lands Mr. Morris with a
got involved in the process. OECD and the $10,000 fine and 3 years’ probation, another
Council of Europe set up study groups to slap on the wrist.
analyse the phenomena and evaluate In 1989, The first large-scale case of
possibilities for legal response. ransomware is reported to spread via floppy
disk. The malicious software is distributed to
In 1981, Ian Murphy, known as Captain Zap to 20,000 attendees of the World Health
his fans, was the first person convicted of a Organization's AIDS conference. Once
cybercrime. He hacked into the AT&T network downloaded, the ransomware encrypts files
and changed the internal clock to charge off- after the computer is rebooted a certain
hours rates at peak times. He received 1,000 amount of times. To unlock the computer,
hours of community service and 2.5 years of users have to send a $189 "licensing fee" to
probation, a mere slap on the wrist compared the PC Cyborg Corporation via PO box in
to today’s penalties, and was the inspiration Panama in exchange for a decryption key. At
for the movie Sneakers. the same time, another group is arrested
stealing US government and private sector
In 1982 the first known virus was installed in data and selling it to the KGB.
an Apple computer and spread by floppy disk
when the 15 years old kid a high school In the 1990s, the introduction of the graphical
student, Rich Skrenta, developed the ELK interface (“WWW”) in the 1990s that was
Cloner. followed by a rapid growth in the number of
In 1986 the Federal Congress passes the Internet users led to new challenges.
Computer Fraud and Abuse Act, making Information legally made available in one
hacking and theft illegal. country was available globally – even in
In 1985, Steve Katz becomes the Senior countries where the publication of such
Security executive for Citibank/Citi Group and information was criminalized. Another
JP Morgan is widely regarded as the world’s concern associated with online services that
first Chief Information Security Officer (CISO). turned out to be especially challenging in the
In 1988, Morris Worm, Robert Morris creates investigation of transnational crime was the
what would be known as the first worm on speed of information exchange. Finally, the
the Internet. The worm is released from a distribution of child pornography moved from
computer at MIT to suggest that the creator is physical exchange of books and tapes to
a student there. The potentially harmless online distribution through websites and
exercise quickly became a vicious denial of Internet services. While computer crimes
service attack when a bug in the worm’s were in general local crimes, the Internet
spreading mechanism leads to computers turned electronic crimes into transnational
crime. As a result, the international
community tackled the issue more intensively. attacked by hackers at least 650,000 times
UN General Assembly Resolution 45/121 and that at least 60% of them were successful.
adopted in 1990 and the manual for the
prevention and control of computer-related Max Butler hacks U.S. government websites in
crimes issued in 1994 are just two examples. 1998 and is sentenced to 18 months in prison
in 2001. After being released in 2003, he uses
In 1990, where a large project named WiFi to commit attacks, program malware,
Operation Sundevil was exposed. FBI agents and steal credit card information. In 2007, he
confiscated 42 computers and over 20,000 is arrested and eventually pleads guilty to
floppy disks that were used by criminals for wire fraud, stealing millions of credit card
illegal credit card use and telephone services. numbers and around $86 million of fraudulent
This operation involved over 100 FBI agents purchases.
and took two years to track down only a few
of the suspects. However, it was seen as a In 1999, The Melissa Virus is released. It
great public relations effort, because it was a becomes the most virulent computer
way to show hackers that they will be infection to date and results in one of the first
watched and prosecuted. convictions for someone writing malware. The
Fast Forward to 1994, The World Wide Web is Melissa Virus was a macro-virus to take over
launched, allowing black hat hackers to move email accounts and send out massmailings.
their product info from the old bulletin board The virus writer was accused of causing more
systems to their very own websites. A student than $80 million in damages to computer
in the UK uses the information to hack into networks and sentenced to 5 years in prison.
Korea’s nuclear program, NASA and other US It is regarded as the first successful mass-
agencies using only a Commodore Amiga emailing virus.
personal computer and a
“blue boxing” program found online. In 2000, The first juvenile to serve jail time for
hacking is sentenced. At 16, Jonathan James
In 1995 the Macro-viruses appear. Macro- pleads guilty to illegally hacking into NASA,
viruses are viruses written in computer the Pentagon, and the Department of
languages embedded within applications. Defense.
These macros run when the application is In the same year the 15-year-old Michael
opened, such as word processing or Calce, aka MafiaBoy, a Canadian high school
spreadsheet documents, and are an easy way student, unleashes a DDoS attack on several
for hackers to deliver malware. This is why high-profile commercial websites including
opening unknown email attachments can be Amazon, CNN, eBay, and Yahoo! An industry
very risky. Macro-viruses are still hard to expert estimates the attacks resulted in $1.2
detect and are a leading cause of computer billion in damages. Denial of Service (DDoS)
infection. attacks are launched, numerous times, against
AOL, Yahoo! eBay, and many others. Fake
In 1996, CIA Director John Deutsch testifies to news causes shares of Emulex stock to crash
Congress that foreign-based organized crime nearly 50%.
rings were actively trying to hack US In The Philippines, 24 years old, Onel De
government and corporate networks. The US Guzman, a college student in Manila created
GAO announced that its files had been the “ILOVEYOU” virus. De Guzman, who was
poor and struggling to pay for Internet access
at the time, created the computer worm investigate, such as “voice-over-IP
intending to steal other users' passwords, Understanding cybercrime: Phenomena,
which he could use to log in to their Internet challenges and legal response (VoIP)
accounts without needing to pay for the communication” and “cloud computing”.
service. He justified his actions on his belief
that Internet access is a human right, and that It is not only the methods that changed, but
he was not actually stealing. also the impact. As offenders became able to
automate attacks, the number of offences
increased. Countries and regional and
The worm used the same principles that de international organizations have responded to
Guzman had described in his undergraduate the growing challenges and given response to
thesis at AMA Computer College. He stated cybercrime high priority.
that the worm was very easy to create, thanks
to a bug in Windows 95 that would run code In 2001, the Creation of the National
in email attachments when the user clicked on Computer Emergency Response Team
them. Originally designed the worm to only (NCERT) (CERT-PH) under the Department of
work in Manila, he removed this geographic Information and Communications Technology
restriction out of curiosity, which allowed the (DICT)
worm to spread worldwide. De Guzman did
not expect this worldwide spread. The BUDAPEST CONVENTION is the first
international treaty on crimes committed via
The I Love You Virus spreads across the the Internet and other computer networks,
Internet. Then US President Clinton says dealing particularly with infringements of
he doesn’t use email to talk with his daughter copyright, computer-related fraud, child
because the technology isn’t secure. pornography, hate crimes, and violations of
network security. It also contains a series of
Since there were no laws in the Philippines powers and procedures such as the search of
against writing malware at the time, both computer networks and lawful interception.
Ramones and de Guzman were released with
all charges dropped by state prosecutors. To In that year the Growing no. of hacking
address this legislative deficiency, the attacks and cybercrimes were recorded
Philippine Congress enacted Republic Act No.
8792, otherwise known as the E-Commerce In 2002, The FBI's Cyber Division is created to
Law, in July 2000, months after the worm focus on traditional crimes that are migrating
outbreak. to the internet, such as fraud, identity theft,
and intellectual property rights violations, as
The 21st Century as in each preceding decade, well as "internet-facilitated activity" such as
new trends in computer crime and cybercrime cyber terrorism.
continued to be discovered in the 21st In 2003, The U.S. Justice Department
century. The first decade of the new announces more than 70 indictments and 125
millennium was dominated by new, highly convictions or arrests for phishing, hacking,
sophisticated methods of committing crimes, spamming, and other Internet fraud as part of
such as “phishing”, and “botnet attacks”, and Operation CyberSweep.
the emerging use of technology that is more
difficult for law enforcement to handle and
In 2003 also, The Creation of the Computer
Crime Unit of the PNP CIDG. Criminal In 2010, as reported that Google's intellectual
Investigation and Detection Group (CIDG) was property is stolen during a highly
the primary investigation arm of the sophisticated attack by Chinese hackers. This
Philippine National Police. year, reported that 9 out of 10 Filipinos are
victims of various forms of cybercrime ranging
In 2005, The first Filipino to be convicted of from hacking attacks to online scams.
cybercrime, particularly hacking, was JJ Maria In 2012, The R.A. 10175 also known as the
Giner. He was convicted in September 2005 Philippine Cybercrime Prevention Act of 2012
by Manila MTC Branch 14 Judge Rosalyn was passed into law
Mislos-Loja. Giner pleaded guilty to hacking
the government portal “gov. ph” and other In 2013, The PNP-Anti Cybercrime Group, with
government websites. He was sentenced to the official acronym “PNP ACG”, was activated
one to two years of imprisonment and fined as a National Operational Support Unit
Php100,000. However, he immediately primarily responsible for the implementation
applied for probation, which was eventually of pertinent Philippine laws on cybercrimes
granted by the court. and advocating the anticybercrime campaign
of the PNP. PNP ACG conducted operations,
The conviction is now considered a landmark as a result, the 3.75M worth of counterfeit
case, as he is the first local hacker to be medicines were seized in the Philippines and
convicted under section 33a of the E- Thousands of Chinese and Taiwanese
Commerce Law or Republic Act 8792. nationals were arrested for Telecom Fraud.

In 2007, The instances of hacking, data theft, In 2014, The suspension of R.A.10175 was
and malware infections skyrocket. The Lifted
numbers of records stolen, machines infected
rise into the millions, the number of damages In 2018, Dubsmash. The popular video
caused into the billions. The Chinese streaming platform discovered 161.5 million
government is accused of hacking into the US user records were placed for sale on the dark
and other governmental systems. web. Records included details like name,
email address, and encrypted passwords.
In 2008, The National Cyber Investigative Joint
Task Force is created by the FBI to synchronize In 2019, Information relating to more than
efforts across the law enforcement, 530 million Facebook users is exposed by an
intelligence community, and Department of unknown hacker including phone numbers,
Defense to identify and apprehend account names, and Facebook IDs.
cybercriminals.
In 2009, the Philippines Government enacted In 2021, This present year there are so many
R.A. 9775 or AN ACT DEFINING THE CRIME OF recorded Ransomware Attacks, some of these
CHILD PORNOGRAPHY, PRESCRIBING are the ransomware attack forced Colonial
PENALTIES THEREFOR AND FOR OTHER Pipeline, a U.S. energy company to shut down
PURPOSES & R.A. 9995 or AN ACT DEFINING its entire fuel distribution pipeline and
AND PENALIZING THE CRIME OF PHOTO AND therefore threatened gasoline and jet fuel
VIDEO VOYEURISM, PRESCRIBING PENALTIES distribution across the U.S. east coast.
THEREFOR, AND FOR OTHER PURPOSES. Colonial Pipeline paid nearly $5 million to
Eastern European hackers to help restore the
country’s largest fuel pipeline, and The On 12 September 2012, the Philippine
LockBit ransomware gang breached Congress enacted the Cybercrime Prevention
Accenture's networks, encrypted files and Act to govern crimes committed in
demanded $50 million to avoid having their cyberspace. The new law specifies several
encrypted files sold on the dark web. new acts of cybercrime. Among those
prohibited under the law are cybersex, online
Several individuals were engaged in fighting child pornography, illegal access to computer
computer-related crimes from the early systems or hacking, online identity theft, and
development. Donn B Parker was involved in spamming. It increases the penalty for
the research of computer crime and security computer-related crimes. However, the law
from early 1970. could not take its course in attaining its aim
due to the indefinite restraining order issued
Parker served as Senior Computer Security by the Supreme Court for its implementation
Consultant at SRI International (Standford until the petitions challenging the
Research Institute) and was the main author constitutionality of the law were resolved last
of the first basic federal manual for law February 2014.
enforcement in the USA: “Computer Crime –
Criminal Justice Resource Manual” (1979). As stated in Sec. 2 of R.A. 10175 that the State
This manual becomes soon an encyclopedia recognizes the vital role of information and
also for law enforcement outside the US. communications industries such as content
production, telecommunications,
Cybercrime is one of the fastest-growing non- broadcasting electronic commerce, and data
violent crimes committed in Cyberspace. It processing, in the nation’s overall social and
takes a great deal of technical expertise and economic development.
co-operation, both local and foreign, to
address such problems. This crime affects The State also recognizes the importance of
different countries in varying degrees, providing an environment conducive to the
depending on the extent of the legislative development, acceleration, and rational
enactment of each country. application and exploitation of information
and communications technology (ICT) to
The Philippines has been regarded as a haven attain free, easy, and intelligible access to
of crime committed online for many years exchange and/or delivery of information; and
while other countries have developed cyber- the need to protect and safeguard the
warfare. It has only begun its stand when the integrity of computer, computer and
country received recognition in 2000 as the communications systems, networks, and
source of “LOVE BUG” or the “I love you” databases, and the confidentiality, integrity,
virus. It has been 13 years since the virus and availability of information and data stored
bolstered the insufficiency of the therein, from all forms of misuse, abuse, and
government’s policies on cybercrime illegal access by making punishable under the
suppression, investigation, and prosecution law such conduct or conducts.
when the author of the virus was released
from jail and no case was filed against him for In this light, the State shall adopt sufficient
lack of legislation defining the act as a crime powers to effectively prevent and combat
and imposing a penalty for such commission. such offenses by facilitating their detection,
investigation, and prosecution at both the long as the penal codes and any other
domestic and international levels, and by legislation clearly stipulate it as involving not
providing arrangements for fast and reliable only the use of computers but the use of
international cooperation. computers as the center component.
At the Tenth United Nations Congress on the
Crime and cybercrime have become an Prevention of Crime and Treatment of
increasingly large problem in our society, even Offenders, in a workshop devoted to the
with the criminal justice system in place. Both issues of crimes related to computer
in the public webspace and dark web, networks, cybercrime was broken into two
cybercriminals are highly skilled and are not categories and defined thus:
easy to find. 1. Cybercrime in a narrow sense
(computer crime): Any illegal behavior
Concept of Cybercrime directed by means of electronic operations
Criticism of Gotternbarn, in arguing against that target the security of computer systems
him stated that it is true that we may not and the data processed by them.
categorize other crimes in accordance to 2. Cybercrime in a broader sense
tools, equipment, mechanism, or means (computer-related crime): Any illegal behavior
through which they were committed. committed by means of, or in relation to, a
However, due to the nature and features of computer system or network, including such
Cyber Crimes which differentiate, the crimes as illegal possession and offering or
traditional universe and the cyber universe distributing information by means of a
led the traditional universe to tremble like an computer system or network.
earthquake, makes crimes difficult to control Even though this definition is not completely
than they were before, this initiates the definitive, however, it gives us a good starting
concept of these crimes being necessary point, for determining just what cybercrime
categorized as Cyber Crimes. Therefore, let means, by incorporating computer crime and
Cyber Crimes be Cyber Crimes. computer-related crime.
Forester and Morrison argued that cybercrime
is a criminal act in which a computer is used LESSON 5
as a principal tool. In that matter, the theft of
computer hardware devices, would not Fundamentals of the Cybercrimes,
qualify as computer crime. Is it true by using a Cyberthreats and Cyberecurity
computer as the principal tool to commit a
crime will amount to a computer or
cybercrime? For instance, in taxable Computer crime
transactions, in the case of data entry, can’t a It is not well understood in the criminal
person commit fraud by just filling the wrong justice and computer-using communities, and
data into hardcopy versions of tax forms no consensus on its definition exists, as
which are the same available in electronic evidenced by the diversity of state and federal
forms? computer crime laws. One definition is that it
Roy Girasa (2002) argued that cybercrime is a is a form of white-collar crime committed
generic term covering the multiplicity of inside a computer system; another definition
crimes found in penal codes or in legislation is that it is the use of a computer as the
having the use of computers as a central instrument of a business crime.
component. To him, cybercrime is a crime as
Elements of Computer Crime: Involves protecting information and systems
1. Computer from cyber threats.
2. Crime Cybersecurity strives to ensure the attainment
Therefore, it involves a crime in a relationship and maintenance of the security properties of
with a computer. The relationship could the organization and user’s assets against
involve the direct usage of a computer by the relevant security risks in the cyber
criminal as one of the first famous computer environment.
criminals did. Cybersecurity involves the protection of
However, the relationship can also be indirect, sensitive personal and business information
the criminals can not only use the computer through prevention, detection, and response
to commit their crime but can also use to different online attacks.
someone to make changes in a computer Cybersecurity is preventing Cyber-attacks.
system, by manipulating a key computer user. Different methods or practices to try to
Thus one is the exploitation of trust in the compromise IT systems
social fabric of IT users within the 1. Remote attacks on IT systems or
organization. website
2. Unauthorized access to information
Cybercrime and Cybersecurity held on a corporate network or systems
Cybercrime is an all-encompassing legal topic. 3. Unauthorized access to held in third-
It can affect almost every area of the law and party systems (e.g. hosted services)
society. It crosses over and transverses civil, 4. System infiltration or damage through
company, commercial, and intellectual malicious software (malware)
property law. Its reach is never-ending and 94% of malware is delivered via email
continually expanding. The extent of Attack via email rose in 200% in 2020 1 in 13
cybercrime is only matched by the ingenuity web requests lead to malware
and creativity of the perpetrator and the lack
of awareness of the victim. Its effect is all- 5. Disruption or denial of service that
encompassing and can affect everyone and all limits access to your network or systems
walks of life and much human activity. Attacks can be:
Cybersecurity refers to the collection of tools,
policies, risk management approaches, Targeted- where you are singled out because
actions, training, best practices, assurance, of specific interest in your business or the
and technologies that can be used to protect attacker has been paid to target you
the cyber environment and organization and Untargeted – where attackers indiscriminately
user’s assets. Organization and user’s assets target as many devices, services, or users as
include connected computing devices, possible.
personnel, infrastructure, applications, Cybersecurity and how it affects their
services, telecommunication systems, and the organization, small or large
totality of transmitted and/or stored Cyber security is the practice of defending
information in the cyber environment. - computers, servers, mobile devices, electronic
International Telecommunication Union (ITU) systems, networks, and data from malicious
Cybersecurity is the prevention, protection, attacks. It’s also known as information
and restoration from cyber-attacks, to protect technology security or electronic information
networks, computers, programs and data security.
from attacks, damage or unauthorized access. Categories of Cyber Security
1. Network Security back on while trying to operate without
2. Application Security certain resources.
3. Information Security
4. Operational Security End-user education
5. Disaster recovery and business
continuity Addresses the most unpredictable cyber-
6. End-user education security factor: people. Anyone can
Network security accidentally introduce a virus to an otherwise
secure system by failing to follow good
Is the practice of securing a computer security practices. Teaching users to delete
network from intruders, whether targeted suspicious email attachments, not plug in
attackers or opportunistic malware. unidentified USB drives, and various other
Application security important lessons is vital for the security of
any organization.
Focuses on keeping software and devices free
of threats. A compromised application could Remember:
provide access to the data its designed to Cybercrime is becoming big business and
protect. Successful security begins in the cyber risk is a focus of organizations and
design stage, well before a program or device governments globally
is deployed. Monetary and reputational risks are high if
organizations don’t have an appropriate
Information security cybersecurity plan.

Protects the integrity and privacy of data, Cybersecurity threat landscape


both in storage and in transit. The threat landscape continues rapid
evolution
Operational security Major new threats:
1. Trojans and droppers are being re-
Includes the processes and decisions for used;
handling and protecting data assets. The 2. Multi-staged attacks are becoming the
permissions users have when accessing a norm;
network and the procedures that determine 3. Crypto mining leads to other cyber
how and where data may be stored or shared threats; and
all fall under this umbrella. 4. Pandemic topics open new attack
routes
Disaster recovery and business continuity The world is changing, threats are changing,
and you should be changing too.
Define how an organization responds to a Common channel for an attack
cyber-security incident or any other event 1. Web
that causes the loss of operations or data. 2. Email and
Disaster recovery policies dictate how the 3. Malicious files
organization restores its operations and Types of cyber threats
information to return to the same operating The threats countered by cyber-security are
capacity as before the event. Business three-fold:
continuity is the plan the organization falls
1. Cybercrime includes single actors or GhostNet – based in china, attacks were
groups targeting systems for financial gain or conducted by spear phishing emails
to cause disruption. containing malware.
2. Cyber-attack often involves politically Stuxnet – a worm used to attack Iran’s nuclear
motivated information gathering. program, which was delivered via an infected
3. Cyberterrorism is intended to USB device, and inflicted damage to
undermine electronic systems to cause panic centrifuges used to enrich Uranium. Deep
or fear. Panda – an APT attack against the US
Government’s Office of Personnel
Common Cyber Threats/ Information Security Management, probably originating from
Risks China.
A cyber-attack is a malicious attempt by a APT28 – a Russian group also known as Fancy
third party to damage, destroy or alter Bear, Pawn Storm, and Sednit, identified by
computer networks, computer information Trend Micro in 2014.
systems, computer or network infrastructure APT34 – a group tied to Iran, Identified by
and personal computer devices. FireEye researchers in 2017
Many risks can affect our system and APT37 – also known as Reaper and StarCruft,
information security: So, how do malicious probably originates from North Korea and has
actors gain control of computer systems? been operating Since 2012.
Here are some common methods used to 2. Insider Threats
threaten cyber-security:
1. Advanced Persistent threats; - A security risk that originates within the
2. Insider Threats; targeted organization. This doesn’t mean that
3. Cryptojacking ; the actor must a current employee of officer
4. Distribution Denial of Service (DDoS); in the organization.
5. Ransomware; and Different forms of Insider Threats
6. Social Engineering attacks. a. Turncloaks – is an insider who is
maliciously stealing data, in most cases, it’s an
Common methods used to threaten cyber- employee or contractor – someone who is
security: supposed to be on the network and has
1. Advanced Persistent threats legitimate credentials but is abusing their
access for fun or profit.
- An Advanced Persistent Treat (APT) is - insider gone rouge
an organized cyberattack by a group of skilled, b. Pawns – is just a normal employee –
sophisticated threat actors. APTs are not “Hit a do-gooder who makes a mistake that is
and Run” attacks. exploited by a bad actor or otherwise leads to
- Attackers plan their campaign data loss or compromise. - unknowing
carefully against strategic targets and carry it participant
out over a prolonged period of time.
- 5 stages: initial access, first 3. Cryptojacking
penetration and malware deployment,
expand access and move laterally, stage the - It is the unauthorized use of someone
attack, exfiltration or damage infliction. else’s computer to mine cryptocurrency.
Example of Advanced Persistent threats
4. Distribution Denial of Service (DDoS)
information. Phishing attacks are often used
- This network is used to flood the to dupe people into handing over credit card
target site with phony server requests, leaving data and other personal information.
no bandwidth for legitimate traffic. Phishing
- The most common example of DDoS Easier to identify
attacks, an attacker uses a network of hijacked Targets one person at a time
computers. Malicious email sent to the inbox
- This renders the system unusable, Pharming - is a scamming practice in which
preventing an organization from carrying out malicious code is installed on a personal
vital functions. computer (PC) or server, misdirecting users to
fraudulent websites without their knowledge
5. Ransomware or consent.
Harder to identify
– A type of malware that prevents or Targets multiple people at a time
limits users from accessing their system, Malicious code installed to a computer
either by locking the system’s screen or by Automatically redirects without requiring
locking the users’ files unless a ransom is paid. users to
– A extortion software that can lock Requires users to manually click a link to
your computer and then demand a ransom activate code
for its release.
WannaCry ransomware attack - The
worldwide cyberattack in May 2017 by the
WannaCry ransomware cryptoworm, which 2. Spear phishing – a subset of phishing
targeted computers running the Microsoft 3. Vishing – uses a phone to attack
Windows operating system by encrypting data targets
and demanding ransom payments in the 4. Smishing – scamming using the short
Bitcoin cryptocurrency. messaging system (sms)
6. Social Engineering attacks 5. Pretexting – it’s based on a scripted
scenario presented in front of the targets,
- Psychological manipulation of people used to extract PII or some other information
into performing actions or divulging 6. Baiting – use a false promise to pique
confidential information a victim’s greed or curiosity
- Scams are the art of deception used 7. Tailgating – where a person takes help
by evil-minded people to nourish their greed of an authorized person to get access to
for money or something else restricted areas where RFID authentication or
Various Cyber fraud/social engineering some other electronic barrier is present.
attacks: 8. Quid pro quo – involves people posing
1. Phishing as technical support
– is the most common type of social 9. Whaling
engineering attack, the fraudulent practice of - A whaling attack, also known as whaling
sending emails to induce individuals to reveal phishing or a whaling phishing attack, is a
personal/ financial info. specific type of phishing attack that targets
– is when cybercriminals target victims high-profile employees, such as the chief
with emails that appear to be from a executive officer of chief financial officer, in
legitimate company asking for sensitive
order to steal sensitive information from a There are a number of different types of
company. malware, including:
10. Hacking • Virus: A self-replicating program that
a. Unauthorized access to data in a attaches itself to clean file and spreads
system throughout a computer system, infecting files
b. Distributed denial-of-service attacks with malicious code.
(DDoS) • Trojans: A type of malware that is
c. keylogging disguised as legitimate software.
Cybercriminals trick users into uploading
11. SQL injection Trojans onto their computer where they cause
An SQL (structured language query) injection damage or collect data.
is a type of cyber-attack used to take control • Spyware: A program that secretly
of and steal data from a database. records what a user does, so that
Cybercriminals exploit vulnerabilities in cybercriminals can make use of this
datadriven applications to insert malicious information. For example, spyware could
code into a databased via a malicious SQL capture credit card details.
statement. This gives them access to the • Ransomware: Malware which locks
sensitive information contained in the down a user’s files and data, with the threat
database. of erasing it unless a ransom is paid.
• Adware: Advertising software which
12. Man-in-the-middle attack can be used to spread malware.
A man-in-the-middle attack is a type of cyber • Botnets: Networks of malware
threat where a cybercriminal intercepts infected computers which cybercriminals use
communication between two individuals in to perform tasks online without the user’s
order to steal data. For example, on an permission.
unsecure WiFi network, an attacker could
intercept data being passed from the victim’s
device and the network.

13. Drive-by downloads Latest cyber threats


14. Password decryption What are the latest cyber threats that
15. Out-of-date, unpatched software individuals and organizations need to guard
against? Here are some of the most recent
16. Malware cyber threats that the U.K., U.S., and
Australian governments have reported on.
-Means malicious software. One of the most Romance scams
common cyber threats, malware is software In February 2020, the FBI warned U.S. citizens
that a cybercriminal or hacker has created to to be aware of confidence fraud that
disrupt or damage a legitimate user’s cybercriminals commit using dating sites, chat
computer. Often spread via an unsolicited rooms and apps. Perpetrators take advantage
email attachment or legitimate-looking of people seeking new partners, duping
download, malware may be used by victims into giving away personal data.
cybercriminals to make money or in politically The FBI reports that romance cyber threats
motivated cyber-attacks. affected 114 victims in New Mexico in 2019,
with financial losses amounting to $1.6 emails, files, and other critical data. This not
million. only protects information in transit, but also
Dridex malware guards against loss or theft.
In December 2019, the U.S. Department of In addition, end-user security software scans
Justice (DoJ) charged the leader of an computers for pieces of malicious code,
organized cyber-criminal group for their part quarantines this code, and then removes it
in a global Dridex malware attack. This from the machine. Security programs can
malicious campaign affected the public, even detect and remove malicious code
government, infrastructure and business hidden in primary boot record and are
worldwide. designed to encrypt or wipe data from
Dridex is a financial trojan with a range of computer’s hard drive.
capabilities. Affecting victims since 2014, it Electronic security protocols also focus on
infects computers though phishing emails or real-time malware detection. Many use
existing malware. Capable of stealing heuristic and behavioral analysis to monitor
passwords, banking details and personal data the behavior of a program and its code to
which can be used in fraudulent transactions, defend against viruses or Trojans that change
it has caused massive financial losses their shape with each execution (polymorphic
amounting to hundreds of millions. and metamorphic malware). Security
In response to the Dridex attacks, the U.K.’s programs can confine potentially malicious
National Cyber Security Centre advises the programs to a virtual bubble separate from a
public to “ensure devices are patched, anti- user's network to analyze their behavior and
virus is turned on and up to date and files are learn how to better detect new infections.
backed up”. Security programs continue to evolve new
Emotet malware defenses as cyber-security professionals
In late 2019, The Australian Cyber Security identify new threats and new ways to combat
Centre warned national organizations about a them. To make the most of end-user security
widespread global cyber threat from Emotet software, employees need to be educated
malware. about how to use it. Crucially, keeping it
Emotet is a sophisticated trojan that can steal running and updating it frequently ensures
data and also load other malware. Emotet that it can protect users against the latest
thrives on unsophisticated password: a cyber threats.
reminder of the importance of creating a
secure password to guard against cyber Different types of Technology in committing
threats. Cybercrime
The use of computers and other devices by
End-user protection criminals and the value of recoverable data to
End-user protection or endpoint security is a the police investigator can be broken down as
crucial aspect of cyber security. After all, it is follows:
often an individual (the end-user) who Technology as a Victim
accidentally uploads malware or another form Technology as a target of crime: is
of cyber threat to their desktop, laptop or traditionally considered to be a true
mobile device. “computer crime” and involves such offenses
So, how do cyber-security measures protect as hacking, denial of service attacks, and the
end users and systems? First, cybersecurity distribution of viruses.
relies on cryptographic protocols to encrypt
Technology as an aid to crime 2. Script kiddies – novice hackers –
Technology as an aid to crime: is where reserved for the inexperience of black hats or
computers and other devices are used to other bad actors
assist in the commission of traditional crimes, 3. Hacktivists are security actors who
for example, to produce forged documents, to aim TO USE THEIR POWERS FOR GOOD- use
send death threats or blackmail demands, or their skills to uncover and draw public
to create and distribute illegal material such attention to things they find wrong.
as images of child abuse. 4. Organized crime hackers- traditional
organized crime in cyberspace
Technology as a communication tool 5. Insider actors gone rogue – an insider
Technology as a communications tool: is threat;
where criminals use technology to Cyber Security – Privacy Policy:
communicate with each other in ways that An internal statement that governs an
reduce the chances of detection, for example organization or entity’s handling practices of
by the use of encryption technology. personal information. It is directed at the
users of the personal information. A privacy
Technology as a storage device policy instructs employees on the collection
Technology as a storage medium: is the and the use of the data, as well as any specific
intentional or unintentional storage of rights the data subjects may have.
information on devices used in any of the Before submitting your name, e-mail,
other categories and typically involves the address, on a website look for the sites
data held on computer systems of victims, privacy policy.
witnesses, or suspects. Technical Cybersecurity Hygiene Kit
Technology as a witness to a crime 1. Keep your software and systems fully
Technology as a witness to the crime: can be up to date  Ensure Endpoint Protection
found when evidence contained in IT devices  Install a Firewall
can be used to support evidence to which it is  Patch Management
not related, for example, to prove or disprove
an alibi given by a suspect or a claim made by 2. Install anti-malware software
a witness. 3. Backup your data
Impact of Cyber security  Use the 3-2-1 Rule for backup
Cybercrime can potentially seriously disrupt 3- Make 3 backup Copies 2- Stored backup in
and damage a business 2 medium 1- Keep 1 copy of the backup offsite
1. Economic cost of cyber attack 4. Control access to your systems. Limit
2. Reputational damage who can access to the system
3. Legal consequences of cyber breach 5. Protect your network. Secure your
Common Security Threat caused by WI-FI
1. Internal 6. Establish employee personal accounts
2. External 7. Access management. Use security
3. Actors features when available:
Bad actors in Cybersecurity  Multi-factor authentication
1. Black hat hackers- often acts to  Password manager
further their agenda or to complete an order  Encryption
for someone willing to pay for their hacking  Screen Locks
services  Biometrics
 Subscribe in VPNs framework and strategy for cybersecurity thus
Practical Cybersecurity Hygiene Kit requires a comprehensive approach.
1. Be informed. Check the internet or Cybersecurity strategies – for example, the
social media/twitter for scams development of technical protection systems
2. Raise security awareness in your or the education of users to prevent them
organization from becoming victims of cybercrime – can
3. Learn to spot fake websites and help to reduce the risk of cybercrime. The
emails/messages development and support of cybersecurity
4. Common sense strategies are a vital element in the fight
5. Do not run unknown software against cybercrime.
6. Scan all external media The legal, technical and institutional
7. Limit yourself from internet exposure challenges posed by the issue of cybersecurity
Cybercrime and cybersecurity are issues that are global and far reaching, and can only be
can hardly be separated in an interconnected addressed through a coherent strategy taking
environment. The fact that the 2010 UN into account the role of different stakeholders
General Assembly resolution on cybersecurity and existing initiatives, within a framework of
addresses cybercrime as one major challenge international cooperation. In this regard, the
underlines this. Cybersecurity plays an World Summit on the Information Society
important role in the ongoing development of (WSIS) recognized the real and significant risks
information technology, as well as Internet posed by inadequate cybersecurity and the
services. Enhancing cybersecurity and proliferation of cybercrime. The provisions of
protecting critical information infrastructures §§ 108-110 of the WSIS Tunis Agenda for the
are essential to each nation’s security and Information Society, including the Annex, set
economic wellbeing. Making the Internet out a plan for multi-stakeholder
safer (and protecting Internet users) has Understanding cybercrime: Phenomena,
become integral to the development of new challenges and legal response implementation
services as well as government policy. at the international level of the WSIS Geneva
Deterring cybercrime is an integral Plan of Action, describing the multi-
component of a national cybersecurity and stakeholder implementation process
critical information infrastructure protection according to eleven action lines and allocating
strategy. In particular, this includes the responsibilities for facilitating implementation
adoption of appropriate legislation against the of the different action lines. At WSIS, world
misuse of ICTs for criminal or other purposes leaders and governments designated ITU to
and activities intended to affect the integrity facilitate the implementation of WSIS Action
of national critical infrastructures. At the Line C5, dedicated to building confidence and
national level, this is a shared responsibility security in the use of ICTs.
requiring coordinated action related to In this regard, the ITU Secretary-General
prevention, preparation, response and launched the Global Cybersecurity Agenda
recovery from incidents on the part of (GCA) on 17 May 2007, alongside partners
government authorities, the private sector from governments, industry, regional and
and citizens. At the regional and international international organizations, academic and
level, this entails cooperation and research institutions. The GCA is a global
coordination with relevant partners. The framework for dialogue and international
formulation and implementation of a national cooperation to coordinate the international
response to the growing challenges to
cybersecurity and to enhance confidence and transfer know-how and boost cybersecurity
security in the information society. It builds on on the national policy agenda.
existing work, initiatives and partnerships with International cooperation
the objective of proposing global strategies to Focuses on international cooperation,
address today’s challenges related to building dialogue and coordination in dealing with
confidence and security in the use of ICTs. cyber threats. The development of adequate
Within ITU, the GCA complements existing ITU legislation and within this approach the
work programmes by facilitating the development of a cybercrime related legal
implementation of the three ITU Sectors’ framework is an essential part of a
cybersecurity activities, within a framework of cybersecurity strategy.
international cooperation. This requires first of all the necessary
The Global Cybersecurity Agenda has seven substantive criminal law provisions to
main strategic goals, built on five work areas: criminalize acts such as computer fraud, illegal
1) Legal measures; access, data interference, copyright violations
2) Technical and procedural measures; and child pornography.
3) Organizational structures; 4) Capacity The fact that provisions exist in the criminal
building; and 5) International cooperation. code that are applicable to similar acts
committed outside the network does not
The fight against cybercrime needs a mean that they can be applied to acts
comprehensive approach. Given that committed over the Internet as well.
technical measures alone cannot prevent any Therefore, a thorough analysis of current
crime, it is critical that law-enforcement national laws is vital to identify any possible
agencies are allowed to investigate and gaps. Apart from substantive criminal law
prosecute cybercrime effectively. Among the provisions, the lawenforcement agencies
GCA work areas, need the necessary tools and instruments to
Legal measures investigate cybercrime.
Focuses on how to address the legislative Such investigations themselves present a
challenges posed by criminal activities number of challenges. Perpetrators can act
committed over ICT networks in an from nearly any location in the world and take
internationally compatible manner. measures to mask their identity. The tools and
Technical and procedural measures instruments needed to investigate cybercrime
Focuses on key measures to promote can be quite different from those used to
adoption of enhanced approaches to improve investigate ordinary crimes.
security and risk management in cyberspace,
including accreditation schemes, protocols
and standards. Typology of Cyber Crime
Organizational structures The term “cybercrime” is used to cover a
Focuses on the prevention, detection, wide variety of criminal conduct. As
response to and crisis management of recognized crimes include a broad range of
cyberattacks, including the protection of different offences, it is difficult to develop a
critical information infrastructure systems. typology or classification system for
Capacity building cybercrime.
Focuses on elaborating strategies for capacity- A good example of an instrumental
building mechanisms to raise awareness, instrument which tried to categorized types of
cybercrime is the Council of Europe the
History of Global Harmonization on Cyber 1. Financial Fraud can be broadly
Crime Legislation – The Road to Geneva, defined as an intentional act of deception
December 2008. involving financial transaction for the purpose
1. Offences against the confidentiality, of personal gain. Fraud is a crime and it is also
integrity and availability of computer data and a violation of civil law.
systems.
2. Computer-related offences - are any 2. Internet fraud is the use of Internet
violations of criminal law that involve a services or software with Internet access to
knowledge of computer technology for their defraud victims or to otherwise take
perpetration, investigation, or prosecution.; advantage of them. Internet crime schemes
3. Content-related offences, such as steal millions of dollars each year from victims
racism, xenophobia, and child pornography and continue to plague the Internet through
may by many observers normally not be various methods. Several high-profile
understood as cybercrimes, and methods include the following:
4. Offences related to infringements of  Business E-Mail Compromise (BEC): A
copyright and related rights. It is a minimum sophisticated scam targeting businesses
consensus list not excluding extensions in working with foreign suppliers and companies
domestic law. that regularly perform wire transfer
This typology is not wholly consistent, as it is payments. The scam is carried out by
not based on a sole criterion to differentiate compromising legitimate business e-mail
between categories. Three categories focus accounts through social engineering or
on the object of legal protection: “offences computer intrusion techniques to conduct
against the confidentiality, integrity and unauthorized transfers of funds.
availability of computer data and systems”;  Data Breach: A leak or spill of data
content-related offences; and copyright which is released from a secure location to an
related offences. The fourth category of untrusted environment. Data breaches can
“computer-related offences” does not focus occur at the personal and corporate levels and
on the object of legal protection, but on the involve sensitive, protected, or confidential
method used to commit the crime. This information that is copied, transmitted,
inconsistency leads to some overlap between viewed, stolen, or used by an individual
categories. unauthorized to do so.
 Denial of Service: An interruption of
In addition, some terms that are used to an authorized user's access to any system or
describe criminal acts (such as network, typically one caused with malicious
“cyberterrorism” or “phishing”) cover acts intent.
that fall within several categories.  E-Mail Account Compromise (EAC):
Nonetheless, the four categories can serve as Similar to BEC, this scam targets the general
a useful basis for discussing the phenomena public and professionals associated with, but
of cybercrime. not limited to, financial and lending
institutions, real estate companies, and law
Classification of Computer Crimes firms. Perpetrators of EAC use compromised
e-mails to request payments to fraudulent
Computer crime encompasses a broad range locations.
of activities.  Malware/Scareware: Malicious
software that is intended to damage or
disable computers and computer systems. or by entering unauthorized instructions or
Sometimes scare tactics are used by the using unauthorized processes;
perpetrators to solicit funds from victims. • Altering, destroying, suppressing, or
 Phishing/Spoofing: Both terms deal stealing output, usually to conceal
with forged or faked electronic documents. unauthorized transactions. This is difficult to
Spoofing generally refers to the dissemination detect;
of e-mail which is forged to appear as though • Altering or deleting stored data;
it was sent by someone other than the actual • Altering or misusing existing system
source. Phishing, also referred to as vishing, tools or software packages, or altering or
smishing, or pharming, is often used in writing code for fraudulent purposes.
conjunction with a spoofed e-mail. It is the act 4. Other forms of fraud may be
of sending an e-mail falsely claiming to be an facilitated using computer systems, including:
established legitimate business in an attempt
to deceive the unsuspecting recipient into • Bank fraud - is the use of potentially
divulging personal, sensitive information such illegal means to obtain money, assets, or
as passwords, credit card numbers, and bank other property owned or held by a financial
account information after directing the user institution, or to obtain money from
to visit a specified website. The website, depositors by fraudulently posing as a bank or
however, is not genuine and was set up only other financial institution. In many instances,
as an attempt to steal the user's information. bank fraud is a criminal offence. While the
 Ransomware: A form of malware specific elements of particular banking fraud
targeting both human and technical laws vary depending on jurisdictions, the term
weaknesses in organizations and individual bank fraud applies to actions that employ a
networks in an effort to deny the availability scheme or artifice, as opposed to bank
of critical data and/or systems. Ransomware robbery or theft. For this reason, bank fraud is
is frequently delivered through spear phishing sometimes considered a white-collar crime.
emails to end users, resulting in the rapid
encryption of sensitive files on a corporate • Carding - is a form of credit card fraud
network. When the victim organization in which a stolen credit card is used to charge
determines they are no longer able to access prepaid cards. Carding typically involves the
their data, the cyber perpetrator demands the holder of the stolen card purchasing store-
payment of a ransom, typically in virtual branded gift cards, which can then be sold to
currency such as Bitcoin, at which time the others or used to purchase other goods that
actor will purportedly provide an avenue to can be sold for cash. Credit card thieves who
the victim to regain access to their data. are involved in this type of fraud are called
3. Computer fraud / Cyberfraud is any “carders.”
dishonest misrepresentation of fact intended
to let another to do or refrain from doing • Identity theft
something which causes loss. In this context,
the fraud will result in obtaining a benefit by: also known as identity fraud, Identify theft
• Altering in an unauthorized way. This happens when someone steals your personal
requires little technical expertise and is a information and uses it without your
common form of theft by employees altering permission. It’s a serious crime that can wreak
the data before entry or entering false data, havoc with your finances, credit history, and
reputation and can take time, money, and Defined as electronic attacks from cyberspace
patience to resolve. from both the internal and external networks,
particularly from the Internet that emanate
Specific Types of Identify Theft from various terrorist sources with different
set of motivations and are directed at a
1. Tax-Related Identity Theft particular target.
2. Child Identity Theft
3. Medical Identity Theft Cyber terrorism can be defined as an act of
terrorism committed through the use of
cyberspace or computer resources (Parker
• Extortion - also called shakedown, 1983). As such, a simple propaganda in the
outwrestling, and exaction, is a criminal Internet, that there will be bomb attacks
offense of obtaining money, property, or during the holidays can be considered
services from a person, entity, or institution, cyberterrorism. As well there are also hacking
through coercion. activities directed towards individuals,
families, organized by groups within
• Theft of classified information. networks, tending to cause fear among
people, demonstrate power, collecting
Theft is taking of another person’s property information relevant for ruining peoples' lives,
without that person’s permission or consent robberies, blackmailing etc.
with the intent to deprive the rightful owner
of it. The word is also used as an informal The cyberterrorists generally perceive their
shorthand term for some crimes against targets to be either high-profile components
property. of a nation’s critical infrastructures or
business operations. The main objective of
Classified Information is sensitive information these terrorists is to inflict damage which will
that must be protected. Access is restricted by either compromise or destruct targets in
law or regulation to particular groups of order to cause major physical and
people with the necessary security clearance psychological impacts to them.
and need to know, and mishandling of the
material can incur criminal penalties. A formal
security clearance is required to view or Types of Cyber Terrorism Attack
handle classified documents or to access
classified data. There are various types of cyber terrorism
attack that are deployed by cyber terrorists.
These types of crime often result in the loss of According to the Center for the Study of
private information or monetary information. Terrorism and Irregular Warfare at the Naval
Postgraduate School in Monterey, California,
A variety of internet scams, many are based cyber terrorism capabilities can be group into
on Social Engineering, target consumers and three main categories;
businesses.
1. Simple-Unstructured
The capability to conduct basic hacks against
Cyberterrorism individual systems using tools created by
other people. This type of organization
possesses little target analysis and command domain. Perpetrators typically use a
and control skills as well as limited learning distributed denial-of-service attack.
capability.
Cyber extortionists have several common
2. Advanced-Structured techniques for breaking into your computer
The capability to conduct more sophisticated hardware, software, and networks and
attacks against multiple systems or networks incapacitating them until you pay a fee.
and possibly, to modify or create basic
hacking tools. The organization possesses an 1. Ransomware is one of tactics which
elementary target analysis and command and involves a hacker tricking one of your
control skills as well as relatively modest employees into clicking on a link or file within
learning capability. an email message. This activates the
ransomware, which spreads throughout your
3. Complex-Coordinated network, encrypting your servers and data so
The capability for coordinated attacks you can’t access applications and files. The
capable of causing mass-disruptions against only way to restore access is to pay the hacker
integrated and heterogeneous defenses. The for an encryption key.
terrorists have the ability to create
sophisticated hacking tools. They are also 2. Distributed denial-of-service (DDoS),
highly capable of conducting target analysis attacks involve hackers using a network of
and command and control. They also possess infected computers to send an overwhelming
advanced organization learning capability. flood of messages to your web server, which
effectively takes it out of service until the
Cyber-extortion messaging stops.

An internet crime in which someone holds Cyber liability insurance provides coverage to
electronic files or your business data hostage mitigate the financial impact of these attacks.
until you pay a demanded ransom.
Many cyber liability insurance policies cover
Cyberextortion is a form of cyberterrorism, cyber extortion, but usually by endorsement
occurs when a website, e-mail server, or only (i.e., an addition to your policy’s
computer system is subjected to or declarations page). Such policies, called first-
threatened with repeated denial of service or party cyber liability coverage, provide
other attacks by malicious hackers. who financial support for three purposes:
demand money in return for promising to • To meet a hacker’s ransom demand
stop the attacks. • To pay for extortion-related expenses,
such as hiring a consultant to remediate an
According to the Federal Bureau of attack
Investigation, cyberextortionists are • To bring damaged computer
increasingly attacking corporate websites and hardware or databases back to their original
networks, crippling their ability to operate working condition
and demanding payments to restore their Cyberwarfare
service. More than 20 cases are reported each
month to the FBI and many go unreported in It is constitutes the conduct of military
order to keep the victim's name out of the operations by virtual means. It consists of
nation-states’ using cyberspace to achieve the largely psychological and intangible, making
same general ends they pursue through the legal action against the variants more difficult.
use of conventional military force, i.e., to These are the crimes which have existed for
achieve certain advantages over a competing centuries in the offline. Scams, theft, and the
nation-state or to prevent a competing likes have existed even before the
nation-state from achieving advantages over development in high-tech equipment. The
them. same criminal has simply been given a tool
This is already happening, according to some which increases his potential pool of victims
accounts. There are reports that the People’s and makes him all the harder to trace and
Republic of China (“PRC”) is launching apprehend.
cyberattacks that are intended to cripple
Taiwan’s infrastructure and “paralyze” the Crimes that use computer networks or
island’s government and economy. The devices to advance other ends include:
attacks allegedly target Taiwan’s public utility,  Phishing scams
communications, transportation and  Fraud and identity theft
“operational security” networks.  Information warfare
 Spamming
Computer as a target  Obscene or offensive content
 Online Harrassment
These crimes are committed by a selected  Drug trafficking
group of criminals. Unlike crimes using he  Cyberstalking
computer as a tool, these crimes requires the
technical knowledge of the perpetrators. SPAMMING
These crimes are relatively new, having been Spam Or the unsolicited sending of bulk email
in existence for only as long as computers for commercial purposes, is unlawful in some
have, which explains how unprepared society jurisdictions. While anti-spam laws are
and the world in general is towards combating relatively new, limits on unsolicited electronic
these crimes. There are numerous crimes of communications have existed for some time.
this nature committed daily on the internet. Spamming is the act of sending unsolicited
messages to many users at a time, possibly up
Crimes that primarily target computer to thousands, with the usual intention of
networks or devices include: advertising products to potential customers.
1. Computer viruses Spamming can also be used as a form of
2. Denial-of-service attacks irritation by singling out an email address and
3. Malware (malicious code) sending the owner of that address hundreds
of emails per second. Spamming is usually
Computer as a tool random and untargeted but it can be targeted
to either a group of people, for example,
When the individual is the main target of advertisements that cater for a particular
Cybercrime, the computer can be considered group of people, or certain persons, like in the
as the tool rather than the target. These case of spamming for the purpose of irritating
crimes generally involve less technical the public.
expertise as the damage done manifests itself
in the real world. Human weaknesses are Obscene or offensive content
generally exploited. The damage dealt is
The content of websites and other electronic communication. These virtual exchanges
communications may be distasteful, obscene allow more intimidated individuals to more
or offensive for a variety of reasons. In some comfortably purchase illegal drugs. The
instances these communications may be sketchy effects that are often associated with
illegal. drug trades are severely minimized and the
Over 25 jurisdictions place limits on certain filtering process that comes with physical
speech and ban racist, blasphemous, interaction fades away.
politically subversive, libelous or slanderous,
seditious, or inflammatory material that tends
to incite hate crimes. Methodology of Cybercrime Investigation
The extent to which these communications Cybercrime Investigation
are unlawful varies greatly between countries, Is the process of investigating, analyzing and
and even within nations. It is a sensitive area recovering critical forensic digital data from
in which the courts can become involved in the networks involved in the attack—this
arbitrating between groups with strong could be the Internet and/or a local network
beliefs. —in order to identify the authors of the digital
One area of Internet pornography that has crime and their true intentions.
been the target of the strongest efforts at
curtailment is child pornography. The Crime Investitative methods described
involves Seven Phases.
Online Harassment Initial Investigation
Whereas content may be offensive in a non- Once investigators receive a request to
specific way, harassment directs obscenities conduct criminal inquiry, their first job is to
and derogatory comments at specific learn as much about the case as possible. A
individuals focusing for example on gender, preliminary information-gathering meeting
race, religion, nationality, sexual orientation. should be conducted to determine the nature
This often occurs in chat rooms, through of the crime, the probable degree of
newsgroups, and by sending hate e-mail to technicality involved, and the names of
interested parties (see cyber bullying, cyber potential suspects
stalking, harassment by computer, hate crime, Investigation Planning
Online predator, and stalking). Any comment Based on this initial information, investigators
that may be found derogatory or offensive is then plan their investigative approach. The
considered harassment. plan should be a written document containing
the names of the areas, persons, documents,
Drug trafficking files, and other factors to be investigated. The
Drug traffickers are increasingly taking name of the investigator assigned, dates on
advantage of the Internet to sell their illegal which investigations started and ended, and
substances through encrypted e-mail and brief comments on the case should also be
other Internet Technology.Some drug included depending on the nature of the
traffickers arrange deals at internet cafes, use crime.
courier Web sites to track illegal packages of Information Gathering and Analysis
pills, and swap recipes for amphetamines in Information on suspects can be obtained from
restricted-access chat rooms. various outside sources such as the federal,
The rise in Internet drug trades could also be state, and local law enforcement and
attributed to the lack of face-to-face government agencies, former employers,
credit agencies, medical files, friends, and Carrie walks back to her dorm room, but she
neighbors. Internal information gathering may cannot shake the feeling that she's being
include system documentation, job watched. Over the last two weeks, she has
descriptions, procedure manuals, audit received several blocked calls to her cell
information, flowcharts, program listings, phone. Sometimes she will answer the calls,
program narratives, file layouts, application and other times she lets it go to voicemail.
documentation, and computerized and When she answers, no one speaks, and
manual files whoever it is does not leave a voicemail
Interviewing and Interrogation message. Carrie has also been getting emails
Properly performed interviewing and to her school account. The emails tell her that
interrogation are particularly necessary, given she is pretty, and there will be comments
the technical nature of the crime, about the pants or shirt she wore that day.
interrogators should be expert in these areas Tonight, Carrie feels she needs to talk to the
and also should be fully aware of any legal police because she feels someone is stalking
liabilities which may arise. her.
Technical Data Systems Review The definition for stalking is when a
Reviews of technical data systems will also be perpetrator singles out a specific person and
necessary as an aid in interrogation and causes the person emotional distress and
general investigation. causes the individual to fear for his or her life,
Foreinsic Investigation safety, or safety of others. A stalker can be a
Evidence removed from the crime scene (i.e., former boyfriend or girlfriend, an
computer printouts, magnetic tapes) can be acquaintance, or a stranger. In order for
effective in tying the crime scene and the stalking to be a crime, there has to be two or
criminal together, forensic science plays a key more occasions of visual or physical proximity;
role non-consensual communication, either
Case Presentation in Court written or verbal; threats; or a combination of
The success or failure of a criminal any of these occasions. In the example, Carrie
prosecution depends upon the evidence has had a combination of these occasions and
presented in court, the investigators--as the is being subjected to several types of
chief resource for knowledge of the case, stalking.Types of Stalking
working papers, incident reports, and Stalking can occur in several forms. The first
exhibits--should have a thorough knowledge type of stalking is when the perpetrator
of the rules of evidence. follows an individual and watches them.
Carrie is being watched while she is walking
Stalking back to her dorm. Her stalker is using
Stalking is the act or pattern of behavior of a surveillance stalking to track and follow her.
person that causes threat and endangerment With surveillance stalking, the perpetrator is
to someone. Learn about the definition and known to sit outside the home, place of work,
types of stalking, discover the different types school, or other places that the individual
of stalkers, understand signs of stalking, and frequents. Along with surveillance stalking,
be informed about laws that deal with there is cyberstalking.
stalking. Carrie is also a victim of cyberstalking, which
is the use of electronic means, such as the
Internet or cellphones, to stalk victims.
Stalking Scenario Cyberstalking is also considered unsolicited
contact from the perpetrator to the victim. or she will continually phone the victim, write
The difference between cyberstalking and the victim letters, and can become jealous and
surveillance stalking is that surveillance violent if the victim enters into a relationship
stalking is done in a physical sense, and with someone else.
cyberstalking is done through technology and 5. Incompetent Suitor
electronic means. The perpetrator has not The incompetent suitor stalker usually has
made physical contact, so the stalking is not inadequate social skills. They want a
considered aggravated stalking. relationship with the victim but do not have
Another type of stalking is aggravated the ability to realize he or she is not meant to
stalking. Aggravated stalking occurs when the be with the victim.
perpetrator restrains the victim, causes bodily 6. Erotomania and Morbidly Infatuated
harm to the victim, or violates an order of This type of stalker feels that the victim loves
protection. Carrie has not had any of these them even though they may not have had any
happen to her, so her stalker is using contact with the victim. The stalker is usually
surveillance stalking and cyberstalking. There paranoid, prefers suitors in a higher social
are also categories that try to define each class, and will repeatedly approach the victim.
type of stalker. Not every stalker will fit into one of these
categories, and some may exhibit signs of
several of these types of stalkers. Each type of
stalker has behavior that makes them a
Types of Stalkers stalker. In Carrie's stalking case, there are
Actions define the type of stalking, but several occasions or signs of stalking that she
personalities combined with the actions can report to law enforcement.
define the type of stalker:
1. Rejected Stalker Cyberstalking
This type of stalker becomes upset when the Is the use of the Internet or other electronic
friendship or romantic relationship has ended. means to stalk or harass an individual, group,
The rejected stalker is not only self-centered or organization. It may include false
and jealous but also overdependent and accusations, defamation, slander and libel. It
persistent. may also include monitoring, identity theft,
2. Resentful Stalker threats, vandalism, solicitation for sex, doxing,
The resentful stalker feels humiliated that the or blackmail.
relationship has ended and seeks revenge Cyberstalking is often accompanied by
upon the victim. Resentful stalkers are often realtime or offline stalking. In many
irrationally paranoid and are known to jurisdictions, such as California, both are
verbally assault their victims. criminal offenses.[3] Both are motivated by a
3. Predatory Stalker desire to control, intimidate or influence a
The predatory stalker seeks power and sexual victim. A stalker may be an online stranger or
gratification. They will not make physical a person whom the target knows. They may
contact but will use surveillance to track the be anonymous and solicit involvement of
victim. other people online who do not even know
4. Intimacy Seeker the target.
The intimacy-seeking stalker seeks an intimate Cyberstalking is a criminal
and romantic relationship with the victim. offense under various state anti-
When the stalker is rejected by the victim, he
stalking, slander and harassment laws. A Online predators are people who commit
conviction can result in a restraining order, child sexual abuse that begins or takes place
probation, or criminal penalties against the on the internet.
assailant, including jail.
Cyberstalking author Alexis Moore separates How does it work?
cyberstalking from identity theft, which is
financially motivated. Her definition, which Internet-initiated sex crimes against minors
was also used by the Republic of the involve deceit and violence, and begin with
Philippines in their legal description, is as adult strangers known as internet predators
follows: communicating with children and young
Cyberstalking is a technologically-based teenagers over the internet and sometimes
"attack" on one person who has been then meeting face to face.
targeted specifically for that attack for Online predators use chat rooms, instant
reasons of anger, revenge or control. messaging, internet forums, social networking
sites, cell phones, and even video game
Cyberstalking can take many forms, including: consoles.
1. harassment, embarrassment and
humiliation of the victim Most online sex offenders are young adult
2. emptying bank accounts or other who target teens and seduce victims into
economic control such as ruining the victim's sexual relationships. They take time to
credit score develop the trust and confidence of teens, so
3. harassing family, friends and the teens see these relationships as romances
employers to isolate the victim or sexual adventures.
4. scare tactics to instill fear and more
Online predators are a very important source
State Cyberstalking and Cyber Harassment of child pornography. A longitudinal study of
Laws 341 convicted child molesters in America
found that pornography’s use correlated
States have enacted “cyberstalking” or “cyber significantly with their rate of sexually re-
harassment” laws or have laws that explicitly offending. The study says that watching child
include electronic form of communication pornography can increase recidivism risk for
within more traditional stalking or harassment all groups of child molesters.
laws. This chart identifies state laws that
include specific references to electronic How to prevent online child abuse and
communication. soliciting?
In order to prevent child abuse you should:
Child abuse and soliciting 1. Explain your children the safety rules
of the internet.
A few years ago people saw the huge 2. Keep your home computer out in the
potential of the internet for commenting open.
dishonest acts as child abuse and soliciting. 3. Set up an internet protection program
on the computers your children use.
Child abuse is the physical, sexual or 4. Tell your children not to give out
emotional maltreatment or neglect of a child passwords, even to a good friend.
or children
1970s
LESSON 6 While computer hacking continued to flourish
in the 1970s, the decade also gave way to a
The Hacker, Hacking Tactics and the Victim new type of hacker: one that toyed with
telephone systems. Dubbed “phreakers,”
The Evolution of Hacking phone hackers, such as the infamous John
Draper, exploited operational characteristics
Nowadays, the word “hacker” carries an in the telephone switching network, which
overwhelmingly negative connotation, had recently gone completely electronic.
conjuring up images of digital thieves’ intent Draper legendarily discovered that a toy
on stealing identities and letting disruptive whistle found in Cap’n Crunch cereal
viruses loose into cyberspace. produced the exact tone necessary – 2600
It wasn’t always that way. In fact, computer hertz – to indicate to long lines that a line was
hackers were originally viewed by society as ready and available to route a new call. This
technology enthusiasts who wanted nothing allowed him and other phreakers to dupe the
more than to optimize, customize and tinker. network and make free long distance calls.
It wasn’t until decades later with the birth of The phreaker subculture not only gave way to
viruses and cybercrime that traditional influential hackers like Draper but also to
hackers got lumped together with those of digital visionaries, as well. Before they went
malicious intent and the public vilification of on to found one of the most successful
hacking began. computer companies in the world, Steve
Curious as to how this evolution came to be? Wozniak and Steve Jobs were, in fact, humble
We were too, which is why we decided to go phone phreakers.
digging into the history of hacking.
1980s
1960s The 1980s was a watershed decade in the
The term “hack” did not originate from history of hacking, as it marked the
computers. Rather, it originated with MIT’s introduction of turnkey personal computers
Tech Model Railroad Club way back in 1961 to the general public. No longer limited to
when club members hacked their high-tech businesses and prestigious universities,
train sets in order to modify their functions. computers were available for everyone to use
They later moved on from toy trains to for their own purposes – whatever that may
computers, using the elusive and expensive be. Unsurprisingly, the wide availability of PCs
IBM 704’s at MIT to innovate, explore, create led to a rapid increase in hackers.
new paradigms, and try to expand the tasks It was not the only big change to occur in the
that computers could accomplish. hacking community. While there were still a
These MIT students – along with other early large number of hackers interested primarily
hackers – were interested only in exploring, in tinkering with operating systems, a new
improving and testing the limits of existing breed emerged that was more concerned
programs. In some cases, these hacks even with personal gain. Instead of using their
produced programs that were considerably technological know-how for improving
better than the pre-existing ones, as was the computers, they used it for criminal activities,
case with Dennis Ritchie’s and Keith including pirating software, creating viruses
Thompson’s UNIX operating system. and breaking into systems to steal sensitive
information.
It did not take the law long to respond. The attacks launched by malicious hackers
emergence of cyber criminals was swiftly met dominated the headlines.
in 1986 with the first legislation related to New and dangerous types of hacks emerged
hacking, the Federal Computer Fraud and that victimized government entities and
Abuse Act. prominent businesses. Microsoft, eBay,
Meanwhile, this was also the time that the Yahoo! and Amazon were among those taken
idea of hackers being digital savants capable down in massive denial-of-service attacks,
of doing both great and terrible things while the Department of Defense and
entered popular culture. A number of books International Space Station had its systems
and films were made that popularized the breached by a 15-year-old boy.
idea, mostly notably the 1983 flick War Games 2010s
in which a suburban teenager finds a The world now firmly in the digital age, the
backdoor in a military central computer and hacking community has become more
nearly starts World War III. sophisticated, complicated and complex than
ever.
1990s Lone wolf hackers and small hacking groups
Riding on the coattails of the big changes that still exist in every corner of the internet,
occurred in the 1980s, the 1990s were when either optimizing software or launching
hacking really began to achieve notoriety. The ransomware and Wi-Fi attacks depending on
term hacker was tarnished by an ever their hat. That said, it’s “hacktivist” groups,
increasing number of cybercrimes such as Anonymous, that have taken center
perpetrated by “crackers” (or malicious stage in this decade, releasing highly classified
hackers) and the high-profile arrests that documents, exposing government secrets and
followed. leading vigilante digital crusades in the name
Kevin Mitnick, Kevin Poulsen, Robert Morris of defending the public from being harmed,
and Vladimir Levin were some of the more exploited, or withheld information.
notable crackers to come out of the decade, In reaction to both hacktivists and cyber
having been arrested and convicted for the criminals, government entities and big
likes of stealing propriety software from big corporations are scrambling to improve
name corporations, duping radio stations to security while computer giants work hard to
win luxury cars, launching the first computer tweak their systems. However, while cyber
worm, and leading the first digital bank heist. security experts continue to be recruited,
The once close-knit hacking community also systems upgraded and technology innovated,
saw its breakdown in this decade. In an effort hackers-good and bad-consistently and
to crack down on computer crime, the Secret unsurprisingly stay one step ahead.
Service launched sting investigations,
conducted early morning raids and arrested a Suspects' Characteristics and Circumstances
number of hackers. Trying to avoid conviction,
members in the hacking community began to Suspects may be identified on the basis of
inform on each other in exchange for characteristics of known computer crime
immunity. perpetrators who have been interviewed in
computer abuse studies. According to the
2000s results of interviews with a small group of 100
Ethical hackers continued to see their good perpetrators, organizations will be more
name dragged in the dirt in the 2000s as vulnerable to people with the characteristics
described below and where these c. Positions of Trust in most cases,
circumstances are present. perpetrators performed their acts while
working at their jobs. One exception was an
Experienced investigators may note that these individual who, while president of an
characteristics are similar to those of the electronics supply house, posed as a
modern-day, amateur, white-collar criminal. telephone company employee to order the
Moreover, these characteristics cannot be delivery of telephone equipment through the
considered conclusive or complete because telephone company computer system.
they are identified from such a small number However, even in this case, the individual had
of interviews. Nevertheless, the to pose as an employee to obtain the
documentation of them here should provide necessary information to engage in the fraud.
the investigator with important clues to
computer crime suspects. When investigating a potential loss,
anticipate that the vulnerabilities identified
a. Age. Anticipate that perpetrators will will usually result in the most qualified
be young. Younger people in data processing person(s) taking advantage of them. If a crime
occupations tend to have received their involves computer programs, anticipate that
education in colleges and universities where the suspects may be the computer
attacking computer systems has become programmers and experienced
common and is sometimes condoned as an microcomputer users who have access to and
educational activity. Unlike older employees, knowledge of the computer programs or
younger ones have often not yet been through those programs to the assets found
assimilated into the professional work to be missing. If the vulnerability discovered is
environment and identified with their in the data entry function, then anticipate
employer. This loyalty issue is becoming more that suspects may be among the data entry
serious as companies increase their use of clerks.
temporary, contract workers in technical
positions. Next consider all other technical and
operational functions where vulnerabilities
b. Skills and Knowledge, anticipate that may arise. Computer programmers are not
suspects could be among the most skilled and likely to go into the foreign environment of
higher performing technologists. One of the the data entry section to engage in
greatest vulnerabilities in an organization unauthorized technical acts, but managers
comes from workers who are overqualified for can often cross organizational lines. Neither
the work that they are doing. An abundance will data entry clerks be likely to attempt to
of bright, highly motivated technologists enter modify or introduce computer programs into
the computer field and find themselves placed a computer to engage in criminal acts unless
in routine jobs requiring low levels of skill they are in collusion with others. They will
(e.g., programmers engaged in the detailed most often limit their activities to their own
work that leaves little room for innovation work areas that they know best, and usually
and recognition). These people become easily they know that particular area better than
frustrated and look for other, possibly illegal anyone else.
ways of using their skills, knowledge, and
energy. d. Assistance Perpetrators, have been
found to need assistance in many known
computer crimes, whereas ordinary white- competing service bureaus to gain access to
collar crime, embezzlement for example, the other company's computer system to play
involved a low degree of collusion according games, investigate the level of use, or obtain
to a study of bank frauds and embezzlements. the identity of customers and the type of
Collusion seems to occur regularly, primarily work they were doing. This type of
because computer crime requires more vulnerability makes it important for the
knowledge and access than one individual investigator to interview the associates of
usually possesses. Collusion often involves a possible suspects to determine the degree of
technologist who can perform the technical differential association that could lead to
part of the act and another individual outside information about some of the more innocent
the computer system who can convert the acts or pranks engaged in that might have led
technical act into irreversible gain. In one to the more serious alleged crime.
case, the computer programmer in a large
organization wrote a computer program and f. Robin Hood Syndrome. Most of the
executed production runs to calculate football computer crime perpetrators interviewed
pool betting odds for an organized crime ring exhibited the Robin Hood Syndrome. They
operating a large number of football betting differentiate strongly between harming
parlors. The computer programmer was being people, which is highly immoral within their
paid an additional $50 a week and did not standards, and harming organizations, which
know the ultimate purpose of the reports he they condone.
was producing for his brother-in-law, an
intermediary between him and the football In addition, they rationalize that they are only
betting conspiracy. harming a computer or the contents of the
computer and thus not harming or causing
e. Differential Association. The any loss to people or organizations. This
differential association syndrome is the white- characteristic is probably common among all
collar criminals' tendency to deviate in only types of amateur whitecollar criminals and
small ways from the accepted practices of may not be unique to computer criminals.
their associates. This vulnerability stems from However, it may be more pronounced in this
groups of people working together and case because of the role the computer can
mutually encouraging and stimulating one play in strengthening the rationalization
another to engage in unauthorized acts that process. Interviews with computer crime
escalate into serious crimes. The competitive perpetrators revealed that they would
nature of technologists in the computer field, become quite disturbed if the interviewer
and their often elitist attitudes, can result in a even implied, let alone directly accused them
one-upmanship competition in performing of causing individually identifiable people to
pranks. The 1973 Ward vs. California case suffer losses. A New York City bank embezzler,
involved the theft of a computer program who engaged in a fraud in his position as head
from the memory of a competing service teller, indicated that he never took more than
bureau computer over telephone lines from a $20,000 from anyone savings account
batch terminal in the perpetrator's service because he knew it was insured to $20,000.
bureau. A programmer from the victimized Thus, the loss was suffered by the insurance
firm admitted on the witness stand in the companies and not by his individual
associated civil trial that it was common customers.
practice for programmers in both of the
g. Game Playing and Hacking. The The term hacker has historically been a
vulnerability of game playing is based on the divisive one, sometimes being used as a term
concept that some computer technologists of admiration for individuals who exhibit a
and users believe that using an idle computer high degree of skill and creativity in their
does no harm and that they have a right to approach to technical problems. However, the
use it for personal purposes for challenging term is also commonly applied to individuals
intellectual exercise. All but one of the who use this skill for illegal or unethical
computer crime perpetrators interviewed purposes.
indicated that the attraction and challenge of
thinking of their computer crime as a gan1e Hacker was first used in the 1960s to describe
played a significant part in motivating them to a programmer or an individual who, in an era
continue in their fraudulent activities. of highly constrained computer capabilities,
Computer technologists, especially hackers, could increase the efficiency of computer
tend to be the type of people who like mental code in a way that removed, or hacked, excess
challenges and complex game playing. machine code instructions from a program. It
Suspects believe that they have the right to has evolved over the years to refer to
play games in computers because they have someone with an advanced understanding of
the unique capabilities to do so (the hacker computers, networking, programming or
syndrome). Hackers are defined to be hardware.
compulsive, dedicated programmers intent on
exploring the intricacies of computers and on Hackers use technical skills to exploit
attempting to make them fail. Hacking was cybersecurity defenses. Ethical hackers test
considered for cybersecurity vulnerabilities and may take
up hacking as a profession, for example, a
Who is a Hacker? penetration tester (pen tester) or as a hobby.
In the computer security context, a hacker is The end goal is often to gain unauthorized
someone who seeks and exploits weaknesses access to computers, networks, computing
in a computer system or a computer network. systems, mobile devices or internet of things
The term hacker is reclaimed by computer systems. Many professional hackers use their
programmers who argue that someone skills to determine security holes in enterprise
breaking into computers is better called a systems and then advise where companies
cracker. should boost their security defenses to keep
threat actors out.
Hacker
Results can also be deleterious: Malicious
An individual who uses computer, networking hackers may steal login credentials, financial
or other skills to overcome a technical information and other types of sensitive
problem. The term also may refer to anyone information.
who uses their abilities to gain unauthorized
access to systems or networks in order to Many hackers aim to exploit either technical
commit crimes. A hacker may, for example, or social weaknesses to breach defenses.
steal information to hurt people via identity Technical weaknesses may include
theft or bring down a system and, often, hold vulnerabilities in software or other exploitable
it hostage in order to collect a ransom. weak spots. To exploit social weaknesses,
hackers may attempt to manipulate social
outcomes through false pretenses, such as unauthorized access to network resources
impersonating a co-worker or other individual with malicious intent.
to gain financial or login information. Hackers
may also use their technical skills to install
dangerous malware, steal or destroy data, or Types of Hackers
disrupt an organization's services. In the past, the security community informally
used references to hat color as a way to
Hackers of all types participate in forums to identify different types of hackers, usually
exchange hacking information and tradecraft. divided into five main types. A few of these
There are numerous hacker forums where terms have been replaced to reflect cultural
ethical hackers can discuss or ask questions changes.
about hacking. Many of these hacker forums 1. White hat
offer technical guides with stepby-step 2. Black hat
instructions on hacking. In contrast, forums 3. Gray hat
and marketplaces serving threat actors or 4. Red hat
criminal hackers are often hosted on the dark 5. Blue hat
web and provide an outlet for offering,
trading and soliciting illegal hacking services. White hat hackers

Criminal hackers, who sometimes lack Also known as ethical hackers or authorized
technical skills, often use scripts and other hackers, strive to operate in the public's best
specifically designed software programs to interest, rather than to create turmoil. Many
break into corporate networks. This software white hat hackers work doing penetration
may manipulate network data to gather testing, hired to attempt to break into the
intelligence about the workings of the target company's networks to find and report on
system. These scripts can be found posted on security vulnerabilities. The security firms
the internet for anyone, usually entry-level then help their customers mitigate security
hackers, to use. Hackers with limited skills are issues before criminal hackers can exploit
sometimes called script kiddies, referring to them.
their need to use malicious scripts and their
inability to create their own code. Advanced Black hat hackers
malicious hackers might study these scripts Also known as Threat actors or unauthorized
and then modify them to develop new hackers, intentionally gain unauthorized
methods. access to networks and systems with
malicious intent. This includes stealing data,
Hacker Vs. Cracker spreading malware or profiting from
ransomware, vandalizing or otherwise
Hacker is a general term that has historically damaging systems, often in an attempt to gain
been used to describe a computer notoriety. Threat actors are criminals by
programming expert. More recently, this term definition because they violate laws against
is often used in a negative way to describe an accessing systems without authorization, but
individual that attempts to gain unauthorized they may also engage in other illegal activity,
access to network resources with malicious including corporate espionage, identity theft
intent. While Cracker is a more accurate term and distributed denial-of-service (DDoS)
to describe someone who tries to gain attacks.
access to email and social media accounts are
Black hat hackers are criminals by definition classified as blue hats.
because they violate laws against accessing Green Hat Hackers
systems without authorization, but they may Green hat hackers are types of hackers who’re
also engage in other illegal activity, including learning the ropes of hacking. They are slightly
identity theft and distributed denial-of-service different from the Script Kiddies due to their
attacks. intention. The intent is to strive and learn to
become full-fledged hackers. They are looking
Gray hat hackers for opportunities to learn from experienced
Fall somewhere between white hat hackers hackers.
and black hat hackers. While their motives
may be similar to those of white hat hackers, Script kiddies
gray hats are more likely than white hat An amateur, inexperienced hackers who
hackers to access systems without attempt to use pre-written scripts in their
authorization; at the same time, they are hacking efforts. Often, these are fledgling
more likely than black hat hackers to avoid hacking enthusiasts who cause little damage.
doing unnecessary damage to the systems
they hack. Although they aren't typically or Hacktivists
only motivated by money. Organizations of hackers that use cyber-
attacks to affect politically motivated change.
Gray hat hackers may offer to fix The purpose is to bring public attention to
vulnerabilities they have discovered through something the hacktivist believes might be a
their own, unauthorized, activities rather than violation of ethics or human rights. Hacktivism
using their knowledge to exploit attacks may attempt to reveal evidence of
vulnerabilities for illegal profit. wrongdoing by publicizing private
communications, images or information.
Red hat hackers Hacktivism, according to information security
Also called eagle-eyed or vigilante hackers, researcher Dorothy Denning, is "the marriage
are similar to ethical hackers. Red hat hackers of hacking and activism." More precisely, it is
intend to stop unethical attacks by threat the use of computer technology to achieve a
actors. While red hat hackers may have a political agenda through legally ambiguous
similar intent to ethical hackers, they differ in means. Acts of hacktivism generally obstruct
methodology, as red hat hackers may use normal computer activity in some way, and
illegal or extreme courses of action. Often, red does not cause injury or significant monetary
hat hackers will deploy cyber-attacks toward loss.
the systems of threat actors.
Hacktivism is Activism
Hacktivism's main goal is to bring issues to
Blue hat hackers light and cause social change. It can also be
Also known as vengeful hackers, use hacking considered activism because it achieves these
as a social weapon. Frequently, it is used as a goals in a relatively peaceful manner.
means for revenge against a person, employer Hacktivism is Hacking
or other organization. Hackers who post Hacktivism relies on many properties of the
personal and confidential data online to ruin internet, allowing people to use different
reputations or attempt to gain unauthorized methods than they would offline. Because of
the scalability of the internet, even small hacktivism in which the objective is to cause
groups of people are able to make statements more permanent damage.
through hacktivism. Hacktivism also relies on
the internet being relatively difficult to censor Hacktivist groups
and mostly anonymous. Many hacktivist groups keep a low profile. The
following are among the more wellknown
Boundaries of Hacktivism organizations.
The following diagram bounds hacktivism in
four ways, showing the limits of what can be Cult of the Dead Cow
considered hacktivism. Each of the boundaries This group, also known as cDc
is discussed below. Communications, was founded in 1984 as a
hacking collective and media organization. Its
Hacktivism vs. Civil Disobedience original stated goal was "global domination
through media saturation," but it eventually
The online vs. offline distinction is the most evolved a more political focus on human
obvious boundary for hacktivism. A physical rights and the free flow of information. In the
sit-in cannot qualify as hacktivism because it mid to late 1990s, the group focused on
does not depend on the internet in some way. combating human rights abuses in China.
During this initiative, a member of the group
Hacktivism vs. Hacking who went by the name Omega coined the
term hacktivism when communicating with
While some acts of hacking might have a Chinese hacktivists via a group email.
political motive, hacking in general cannot be CDc spun off two other hacktivist groups:
considered hacktivism. Hacking is often Ninja Strike Force, founded in 1996, and
performed for fun or profit, and neither of Hacktivismo, formed in 1999. Hacktivismo
these motives relate to activism. focused on creating anti-censorship
technology. It took a unique stand against
Hacktivism vs. Online Activism using DoS attacks, saying it viewed disabling
websites as counter to the principle of free
Hacktivism also must include a hacking speech online. Hacktivismo also published a
component. Standard online activism, such as code of conduct for civil disobedience online,
online petitions, form a boundary for what entitled the "Hacktivismo Declaration," in
can be considered hacktivism. Hacktivism is which it said it would challenge state-
bounded by this type of conventional activism sponsored censorship of the internet. CDc and
on one side, and violent activism on the other. Hacktivismo are credited with putting a
positive spin on the term hacker.
Hacktivism vs. Cyberterrorism
It is important to distinguish between LESSON 7
hacktivism and cyberterrorism, which,
according to Denning, "covers politically Cybercrime Laws in the Philippines
motivated hacking operations intended to Republic Act No. 10175 - An Act Defining
cause grave harm such as loss of life or severe Cybercrime, Providing for The Prevention,
economic damage." In other words, Investigation, Suppression and The Imposition
cyberterrorism is a more severe form of of Penalties Therefor and for Other Purposes
This Act shall be known as the "Cybercrime (c) Communication refers to the
Prevention Act of 2012″. transmission of information through ICT
media, including voice, video and other forms
In the Declaration Policy stated that: of data.
The State recognizes the vital role of (d) Computer refers to an electronic,
information and communications industries magnetic, optical, electrochemical, or other
such as content production, data processing or communications device, or
telecommunications, broadcasting electronic grouping of such devices, capable of
commerce, and data processing, in the performing logical, arithmetic, routing, or
nation’s overall social and economic storage functions and which includes any
development; storage facility or equipment or
The State also recognizes the importance of communications facility or equipment directly
providing an environment conducive to the related to or operating in conjunction with
development, acceleration, and rational such device. It covers any type of computer
application and exploitation of information device including devices with data processing
and communications technology (ICT) to capabilities like mobile phones, smart phones,
attain free, easy, and intelligible access to computer networks and other devices
exchange and/or delivery of information; and connected to the internet.
the need to protect and safeguard the (e) Computer data refers to any
integrity of computer, computer and representation of facts, information, or
communications systems, networks, and concepts in a form suitable for processing in a
databases, and the confidentiality, integrity, computer system including a program suitable
and availability of information and data stored to cause a computer system to perform a
therein, from all forms of misuse, abuse, and function and includes electronic documents
illegal access by making punishable under the and/or electronic data messages whether
law such conduct or conducts. stored in local computer systems or online.
In this light, the State shall adopt sufficient (f) Computer program refers to a set of
powers to effectively prevent and combat instructions executed by the computer to
such offenses by facilitating their detection, achieve intended results.
investigation, and prosecution at both the (g) Computer system refers to any device
domestic and international levels, and by or group of interconnected or related devices,
providing arrangements for fast and reliable one or more of which, pursuant to a program,
international cooperation. performs automated processing of data. It
covers any type of device with data processing
For purposes of this Act, the following terms capabilities including, but not limited to,
are hereby defined as follows: computers and mobile phones. The device
(a) Access refers to the instruction, consisting of hardware and software may
communication with, storing data in, include input, output and storage
retrieving data from, or otherwise making use components which may stand alone or be
of any resources of a computer system or connected in a network or other similar
communication network. devices. It also includes computer data
(b) Alteration refers to the modification storage devices or media.
or change, in form or substance, of an existing (h) Without right refers to either: (i)
computer data or program. conduct undertaken without or in excess of
authority; or (ii) conduct not covered by
established legal defenses, excuses, court communication service or users of such
orders, justifications, or relevant principles service.
under the law. (o) Subscriber’s information refers to any
(i) Cyber refers to a computer or a information contained in the form of
computer network, the electronic medium in computer data or any other form that is held
which online communication takes place. by a service provider, relating to subscribers
(j) Critical infrastructure refers to the of its services other than traffic or content
computer systems, and/or networks, whether data and by which identity can be established:
physical or virtual, and/or the computer (1) The type of communication service
programs, computer data and/or traffic data used, the technical provisions taken thereto
so vital to this country that the incapacity or and the period of service;
destruction of or interference with such (2) The subscriber’s identity, postal or
system and assets would have a debilitating geographic address, telephone and other
impact on security, national or economic access numbers, any assigned network
security, national public health and safety, or address, billing and payment information,
any combination of those matters. available on the basis of the service
(k) Cybersecurity refers to the collection agreement or arrangement; and
of tools, policies, risk management (3) Any other available information on
approaches, actions, training, best practices, the site of the installation of communication
assurance and technologies that can be used equipment, available on the basis of the
to protect the cyber environment and service agreement or arrangement.
organization and user’s assets. (p) Traffic data or non-content data refers
(l) Database refers to a representation of to any computer data other than the content
information, knowledge, facts, concepts, or of the communication including, but not
instructions which are being prepared, limited to, the communication’s origin,
processed or stored or have been prepared, destination, route, time, date, size, duration,
processed or stored in a formalized manner or type of underlying service.
and which are intended for use in a computer
system. PUNISHABLE ACTS of the Cybercrime
(m) Interception refers to listening to, Offenses.
recording, monitoring or surveillance of the The following acts constitute the offense of
content of communications, including cybercrime punishable under Chapter II
procuring of the content of data, either Section 4 of this Act:
directly, through access and use of a A. Offenses against the confidentiality,
computer system or indirectly, through the integrity and availability of computer data and
use of electronic eavesdropping or tapping systems:
devices, at the same time that the 1. Illegal Access. – The access to the
communication is occurring. (n) Service whole or any part of a computer system
provider refers to: without right.
(1) Any public or private entity that
provides to users of its service the ability to 2. Illegal Interception. – The interception
communicate by means of a computer made by technical means without right of any
system; and non-public transmission of computer data to,
(2) Any other entity that processes or from, or within a computer system including
stores computer data on behalf of such
electromagnetic emissions from a computer (i) Similar, identical, or confusingly
system carrying such computer data. similar to an existing trademark registered
with the appropriate government agency at
3. Data Interference. — The intentional the time of the domain name registration:
or reckless alteration, damaging, deletion or (ii) Identical or in any way similar with
deterioration of computer data, electronic the name of a person other than the
document, or electronic data message, registrant, in case of a personal name; and
without right, including the introduction or (iii) Acquired without right or with
transmission of viruses. intellectual property interests in it.

4. System Interference. — The


intentional alteration or reckless hindering or
interference with the functioning of a B. Computer-related Offenses:
computer or computer network by inputting, 1. Computer-related Forgery
transmitting, damaging, deleting, (i) The input, alteration, or deletion of
deteriorating, altering or suppressing any computer data without right resulting in
computer data or program, electronic inauthentic data with the intent that it be
document, or electronic data message, considered or acted upon for legal purposes
without right or authority, including the as if it were authentic, regardless whether or
introduction or transmission of viruses. not the data is directly readable and
intelligible; or
5. Misuse of Devices. (ii) The act of knowingly using computer
(i) The use, production, sale, data which is the product of computerrelated
procurement, importation, distribution, or forgery as defined herein, for the purpose of
otherwise making available, without right, of: perpetuating a fraudulent or dishonest
(aa) A device, including a computer design.
program, designed or adapted primarily for 2. Computer-related Fraud. — The
the purpose of committing any of the offenses unauthorized input, alteration, or deletion of
under this Act; or computer data or program or interference in
(bb) A computer password, access code, or the functioning of a computer system, causing
similar data by which the whole or any part of damage thereby with fraudulent intent:
a computer system is capable of being Provided, that if no damage has yet been
accessed with intent that it be used for the caused, the penalty imposable shall be one (1)
purpose of committing any of the offenses degree lower.
under this Act.
(ii) The possession of an item referred to 3. Computer-related Identity Theft. –
in paragraphs 5(i)(aa) or (bb) above with The intentional acquisition, use, misuse,
intent to use said devices for the purpose of transfer, possession, alteration or deletion of
committing any of the offenses under this identifying information belonging to another,
section. whether natural or juridical, without right:
6. Cyber-squatting. – The acquisition of a Provided, that if no damage has yet been
domain name over the internet in bad faith to caused, the penalty imposable shall be one (1)
profit, mislead, destroy reputation, and degree lower.
deprive others from registering the same, if
such a domain name is: C. Content-related Offenses:
1. Cybersex. — The willful engagement, Revised Penal Code, as amended, committed
maintenance, control, or operation, directly or through a computer system or any other
indirectly, of any lascivious exhibition of similar means which may be devised in the
sexual organs or sexual activity, with the aid future.
of a computer system, for favor or
consideration. D. The following acts also constitute Other
Offenses of cybercrime punishable under
2. Child Pornography. — The unlawful or Chapter II Section 5 of this Act:
prohibited acts defined and punishable by (a) Aiding or Abetting in the Commission
Republic Act No. 9775 or the Anti-Child of Cybercrime. – Any person who willfully
Pornography Act of 2009, committed through abets or aids in the commission of any of the
a computer system: Provided, That the offenses enumerated in this Act shall be held
penalty to be imposed shall be (1) one degree liable.
higher than that provided for in Republic Act (b) Attempt in the Commission of
No. 9775.1âwphi1 Cybercrime. — Any person who willfully
attempts to commit any of the offenses
3. Unsolicited Commercial enumerated in this Act shall be held liable.
Communications. — The transmission of Under Chapter II Section 6 of this Act. All
commercial electronic communication with crimes defined and penalized by the Revised
the use of computer system which seek to Penal Code, as amended, and special laws, if
advertise, sell, or offer for sale products and committed by, through and with the use of
services are prohibited unless: information and communications
(i) There is prior affirmative consent technologies shall be covered by the relevant
from the recipient; or provisions of this Act: Provided, That the
(ii) The primary intent of the penalty to be imposed shall be one (1) degree
communication is for service and/or higher than that provided for by the Revised
administrative announcements from the Penal Code, as amended, and special laws, as
sender to its existing users, subscribers or the case may be.
customers; or Under Chapter II Section 7 of this Act. Liability
(iii) The following conditions are present: under Other Laws. — A prosecution under this
(aa) The commercial electronic Act shall be without prejudice to any liability
communication contains a simple, valid, and for violation of any provision of the Revised
reliable way for the recipient to reject. receipt Penal Code, as amended, or special laws.
of further commercial electronic messages Penalties.
(opt-out) from the same source; The following are the Penalties for any person
(bb) The commercial electronic found guilty of the punishable acts under
communication does not purposely disguise Chapter III Section 8 of this Act:
the source of the electronic message; and 1. Any person found guilty of any of the
(cc) The commercial electronic punishable acts enumerated below
communication does not purposely include
misleading information in any part of the Sections 4(a). Offenses against the
message in order to induce the recipients to confidentiality, integrity and availability of
read the message. computer data and systems:
4. Libel. — The unlawful or prohibited 1. Illegal Access
acts of libel as defined in Article 355 of the 2. Illegal Interception
3. Data Interference
4. System Interference 4. Any person found guilty of any of the
6. Cyber-squatting punishable acts under Section 4(c)(2) C.
Sections 4(b). Computer-related Offenses: Content-related Offenses:
1. Computer-related Forgery (2) Child Pornography
2. Computer-related Fraud
3. Computer-related Identity Theft • shall be punished with the penalties
as enumerated in Republic Act No. 9775 or
• Shall be punished with imprisonment the "Anti-Child Pornography Act of 2009″:
of prision mayor or a fine of at least Two Provided, That the penalty to be imposed
hundred thousand pesos (PhP200,000.00) up shall be one (1) degree higher than that
to a maximum amount commensurate to the provided for in Republic Act No. 9775, if
damage incurred or both. committed through a computer system.

2. Any person found guilty of any of the 5. Any person found guilty of any of the
punishable acts under Section 4(a)(5) punishable acts under Section 4(c)(3)
C. Content-related Offenses:
Sections 4(a). Offenses against the (3) Unsolicited Commercial
confidentiality, integrity and availability of Communications.
computer data and systems: • shall be punished with imprisonment
(5) Misuse of Devices. of arresto mayor or a fine of at least Fifty
thousand pesos (PhP50,000.00) but not
• Shall be punished with imprisonment exceeding Two hundred fifty thousand pesos
of prision mayor or a fine of not more than (PhP250,000.00) or both.
Five hundred thousand pesos
(PhP500,000.00) or both. 6. Any person found guilty of any of the
punishable acts under Section 5
• If punishable acts in Section 4(a) are Section 5. Other Offences
committed against critical infrastructure, the (a) Aiding or Abetting in the Commission
penalty of reclusion temporal or a fine of at of Cybercrime
least Five hundred thousand pesos (b) Attempt in the Commission of
(PhP500,000.00) up to maximum amount Cybercrime
commensurate to the damage incurred or
both, shall be imposed. • shall be punished with imprisonment
one (1) degree lower than that of the
3. Any person found guilty of any of the prescribed penalty for the offense or a fine of
punishable acts under Section 4(c)(1) at least One hundred thousand pesos
C. Content-related Offenses: (PhPl00,000.00) but not exceeding Five
(1) Cybersex hundred thousand pesos (PhP500,000.00) or
both.
• shall be punished with imprisonment
of prision mayor or a fine of at least Two 7. Section 9. Corporate Liability.
hundred thousand pesos (PhP200,000.00) but When any of the punishable acts herein
not exceeding One million pesos defined are knowingly committed on behalf of
(PhP1,000,000.00) or both. or for the benefit of a juridical person, by a
natural person acting either individually or as To ensure that the technical nature of
part of an organ of the juridical person, who cybercrime and its prevention is given focus
has a leading position within, based on: and considering the procedures involved for
(a) a power of representation of the international cooperation, law enforcement
juridical person provided the act committed authorities specifically the computer or
falls within the scope of such authority; technology crime divisions or units
(b) an authority to take decisions on responsible for the investigation of
behalf of the juridical person: Provided, That cybercrimes are required to submit timely and
the act committed falls within the scope of regular reports including pre-operation, post-
such authority; or operation and investigation results and such
(c) an authority to exercise control within other documents as may be required to the
the juridical person, the juridical person shall Department of Justice (DOJ) for review and
be held liable for a fine equivalent to at least monitoring.
double the fines imposable in Section 7 up to
a maximum of Ten million pesos Real-Time Collection of Traffic Data
(PhP10,000,000.00). Law enforcement authorities, with due cause,
If the commission of any of the punishable shall be authorized to collect or record by
acts herein defined was made possible due to technical or electronic means traffic data in
the lack of supervision or control by a natural real-time associated with specified
person referred to and described in the communications transmitted by means of a
preceding paragraph, for the benefit of that computer system.
juridical person by a natural person acting Traffic data refer only to the communication’s
under its authority, the juridical person shall origin, destination, route, time, date, size,
be held liable for a fine equivalent to at least duration, or type of underlying service, but
double the fines imposable in Section 7 up to not content, nor identities.
a maximum of Five million pesos All other data to be collected or seized or
(PhP5,000,000.00). disclosed will require a court warrant.
The liability imposed on the juridical person Service providers are required to cooperate
shall be without prejudice to the criminal and assist law enforcement authorities in the
liability of the natural person who has collection or recording of the above-stated
committed the offense. information.
The court warrant required under this section
ENFORCEMENT AND IMPLEMENTATION shall only be issued or granted upon written
Law Enforcement Authorities application and the examination under oath
The National Bureau of Investigation (NBI) or affirmation of the applicant and the
and the Philippine National Police (PNP) shall witnesses he may produce and the showing:
be responsible for the efficient and effective (1) that there are reasonable grounds to
law enforcement of the provisions of this Act. believe that any of the crimes enumerated
The NBI and the PNP shall organize a hereinabove has been committed, or is being
cybercrime unit or center manned by special committed, or is about to be committed:
investigators to exclusively handle cases (2) that there are reasonable grounds to
involving violations of R.A. 10175. believe that evidence that will be obtained is
essential to the conviction of any person for,
Duties of Law Enforcement Authorities or to the solution of, or to the prevention of,
any such crimes; and
(3) that there are no other means readily Within the time period specified in the
available for obtaining such evidence. warrant, to conduct interception, as defined
Preservation of Computer Data in this Act, and:
The integrity of traffic data and subscriber 1. To secure a computer system or a
information relating to communication computer data storage medium;
services provided by a service provider shall 2. To make and retain a copy of those
be preserved for a minimum period of six (6) computer data secured;
months from the date of the transaction. 3. To maintain the integrity of the
Content data shall be similarly preserved for relevant stored computer data;
six (6) months from the date of receipt of the 4. To conduct forensic analysis or
order from law enforcement authorities examination of the computer data storage
requiring its preservation. medium; and
Law enforcement authorities may order a 5. To render inaccessible or remove
one-time extension for another six (6) those computer data in the accessed
months: Provided, that once computer data computer or computer and communications
preserved, transmitted or stored by a service network.
provider is used as evidence in a case, the Pursuant thereof, the law enforcement
mere furnishing to such service provider of authorities may order any person who has
the transmittal document to the Office of the knowledge about the functioning of the
Prosecutor shall be deemed a notification to computer system and the measures to protect
preserve the computer data until the and preserve the computer data therein to
termination of the case. provide, as is reasonable, the necessary
The service provider ordered to preserve information, to enable the undertaking of the
computer data shall keep confidential the search, seizure and examination.
order and its compliance. Law enforcement authorities may request for
an extension of time to complete the
Disclosure of Computer Data examination of the computer data storage
Law enforcement authorities, upon securing a medium and to make a return thereon but in
court warrant, shall issue an order requiring no case for a period longer than thirty (30)
any person or service provider to disclose or days from date of approval by the court.
submit subscriber’s information, traffic data Custody of Computer Data
or relevant data in his/its possession or All computer data, including content and
control within seventy-two (72) hours from traffic data, examined under a proper warrant
receipt of the order in relation to a valid shall, within forty-eight (48) hours after the
complaint officially docketed and assigned for expiration of the period fixed therein, be
investigation and the disclosure is necessary deposited with the court in a sealed package,
and relevant for the purpose of investigation. and shall be accompanied by an affidavit of
Search, Seizure and Examination of Computer the law enforcement authority executing it
Data stating the dates and times covered by the
Where a search and seizure warrant is examination, and the law enforcement
properly issued, the law enforcement authority who may access the deposit, among
authorities shall likewise have the following other relevant data. The law enforcement
powers and duties. authority shall also certify that no duplicates
or copies of the whole or any part thereof
have been made, or if made, that all such
duplicates or copies are included in the commission. Jurisdiction shall lie if any of the
package deposited with the court. The elements was committed within the
package so deposited shall not be opened, or Philippines or committed with the use of any
the recordings replayed, or used in evidence, computer system wholly or partly situated in
or then contents revealed, except upon order the country, or when by such commission any
of the court, which shall not be granted damage is caused to a natural or juridical
except upon motion, with due notice and person who, at the time the offense was
opportunity to be heard to the person or committed, was in the Philippines.
persons whose conversation or There shall be designated special cybercrime
communications have been recorded. courts manned by specially trained judges to
Destruction of Computer Data handle cybercrime cases.
Upon expiration of the periods as provided in General Principles Relating to International
Sections 13 and 15, service providers and law Cooperation
enforcement authorities, as the case may be, All relevant international instruments on
shall immediately and completely destroy the international cooperation in criminal matters,
computer data subject of a preservation and arrangements agreed on the basis of uniform
examination. or reciprocal legislation, and domestic laws, to
Exclusionary Rule the widest extent possible for the purposes of
Any evidence procured without a valid investigations or proceedings concerning
warrant or beyond the authority of the same criminal offenses related to computer systems
shall be inadmissible for any proceeding and data, or for the collection of evidence in
before any court or tribunal. electronic form of a criminal, offense shall be
given full force and effect.
Restricting or Blocking Access to Computer
Data
When a computer data is prima facie found to
be in violation of the provisions of this Act,
the DOJ shall issue an order to restrict or COMPETENT AUTHORITIES
block access to such computer data.
Department of Justice (DOJ)
Noncompliance There is hereby created an Office of
Failure to comply with the provisions of Cybercrime (OCC) within the DOJ
Chapter IV hereof specifically the orders from designated as the central authority in all
law enforcement authorities shall be punished matters related to international mutual
as a violation of Presidential Decree No. 1829 assistance and extradition.
with imprisonment of prision correctional in
its maximum period or a fine of One hundred Cybercrime Investigation and Coordinating
thousand pesos (Php100,000.00) or both, for Center
each and every noncompliance with an order There is hereby created, within thirty (30)
issued by law enforcement authorities. days from the effectivity of this Act, an
Jurisdiction interagency body to be known as the
The Regional Trial Court shall have jurisdiction Cybercrime Investigation and Coordinating
over any violation of the provisions of this Act. Center (CICC), under the administrative
including any violation committed by a Filipino supervision of the Office of the President, for
national regardless of the place of policy coordination among concerned
agencies and for the formulation and 5. To coordinate the support and
enforcement of the national cybersecurity participation of the business sector, local
plan. government units and nongovernment
Composition. organizations in cybercrime prevention
1. Executive Director of the Information programs and other related projects;
and Communications Technology Office under
the Department of Science and Technology 6. To recommend the enactment of
(ICTO-DOST) as appropriate laws, issuances, measures and
Chairperson with the policies;
2. Director of the NBI as Vice
Chairperson 7. To call upon any government agency
Members to render assistance in the accomplishment of
1. The Chief of the PNP; the CICC’s mandated tasks and functions; and
2. Head of the DOJ Office of Cybercrime;
and 8. To perform all other matters related
3. One (1) representative from the to cybercrime prevention and suppression,
private sector and academe. including capacity building and such other
The CICC shall be manned by a secretariat of functions and duties as may be necessary for
selected existing personnel and the proper implementation of this Act.
representatives from the different
participating agencies. Jurisprudence
 Disini v. Secretary of Justice, G.R. No.
Powers and Functions 203335, February 11, 2014
The CICC shall have the following  Garcillano v. HOR Committee on
powers and functions: Public Information, G.R. No. 170338,
1. To formulate a national cybersecurity December 23, 2008
plan and extend immediate assistance for the  Nuez v. Cruz-Apao, A.M. No. CA-05-
suppression of real-time commission of 18-P, April 12, 2005
cybercrime offenses through a computer  Bartolome v. Maranan, A.M. No. P-11-
emergency response team (CERT); 2979, November 18, 2014
 MCC Industrial v. Ssangyong, G.R. No.
2. To coordinate the preparation of 170633, October 17, 2007
appropriate and effective measures to  NAPOCOR v. Codilla, G.R. No. 170491,
prevent and suppress cybercrime activities as April 04, 2007
provided for in this Act;  People v. Enojas, G.R. No. 204894,
March 10, 2014
3. To monitor cybercrime cases being  Nogales v. People, G.R. No. 191080,
bandied by participating law enforcement and November 21, 2011
prosecution agencies;  Aznar v. Citibank, G.R. No. 164273,
March 28, 2007
4. To facilitate international cooperation  Capalla v. COMELEC, G.R. No. 201112,
on intelligence, investigations, training and June 13, 2012
capacity building related to cybercrime  Vinzons-Chato v. HOR Electoral
prevention, suppression and prosecution; Tribunal, G.R. No. 204637, April 16, 2013 
Maliksi v. COMELEC
, G.R. No. 203302, April 11, 2013

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