Compiled By: MYRDINO I. SABANAL.

RCrim, CSP
COURSE TITLE: CDI 3 - Specialized Crime Investigation 2
(with Simulation on Interrogation and Interview)

COURSE DESCRIPTION: This course provides emphasis on the Constitutional Rights of

persons arrested, placed under investigation, search and seizure. It takes on the conduct of
Interview and Interrogation of suspects, person of Interest and witnesses and simulates on the
different crimes against person, economic crimes, and other special laws on transnational and
organized crimes. The evidence required and the report writing.

COURSE OUTLINE:

CONTENT

⮚ Review on Arrest, Search, Raid, and Custodial Investigation and other relevant topics in
Fundamental of Criminal Investigation.

⮚ Extra-Judicial Confession versus Extra-Judicial Admission and the Legal requirements.

Judicial versus Extra-Judicial Admission and Confession.

⮚ Legal difference of Interrogation versus Interview.

⮚ Interrogation Techniques, Types of Subject/s under interrogation.

⮚ Physiological symptoms of guilt. Theory of Lie, Kinds of Lie, and Types of Liar.

⮚ Different Methods of Detecting Deception.

⮚ Prepare/Make Questions for Interview, and Interrogation of Persons of Interest, Suspects,

and Witnesses for the crimes of Theft, Robbery, Carnapping, Anti-Fencing, Arson, Bombing
and Explosion, Hit-and-Run Cases, Ponzi and Pyramid Schemes, Scams, and Large Scale
Estafa, Money Laundering, Human Trafficking, Terrorism, Cybercrimes, and other economic
crimes.

⮚ On the same crimes and subjects mentioned above Simulate the conduct of Interview, and
followed by Interrogation.

⮚ Affidavit – Confession, Admission, Affidavit of Arrest, Deposition, Complaint Affidavit,

Affidavit of Witness/es.

⮚ Report Writing – Initial, Incident, Spot, Progress, Follow-up, Final or Investigation Report,
Accomplishment Report, Post Operation Report, and Synopsis. ABC in report writing.

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Compiled By: MYRDINO I. SABANAL. RCrim, CSP
Lesson 1 Title: Organized Crime and the Protocols of the United Nations Convention against
Transnational Organized Crime (UNTOC)

Organized Criminal Group as defined in the United Nations Convention against Transnational
Organized Crime, is a structured group of three or more persons, existing for a period of time and
acting in concert with the aim of committing one or more serious crimes or offenses, in order to
obtain, directly or indirectly, financial or other material benefit.
It is a category of transnational, national, or local groupings of highly centralized enterprises
run by criminals to engage in illegal activity, most commonly for profit. Organized Criminal Group
pertains to the group itself committing the crime
Organized Crime is a combination of two or more persons who are engaged in a criminal or
virtual criminal activity on a continuing basis for the purpose of profit or power using gangland style
to attain their purpose. Organized Crime, on the other hand, refers to the crime committed such
trafficking in people, drugs, illicit goods and weapons, armed robbery, counterfeiting and money
laundering.
With revenues estimated in the billions, their criminal enterprises closely resemble those of
legitimate international businesses. They have operating models, long-term strategies, hierarchies,
and even strategic alliances, all serving the same purpose: to generate the most profits with the
least amount of risk.

This time, let’s read an excerpt written by a former Secretary – General of the United Nations
(UN) Kofi A. Annan from United Nations Convention against Transnational Organized Crime
(UNTOC) Protocols.

With the signing of the United Nations Convention against Transnational Organized Crime in
Palermo, Italy, in December 2000, the international community demonstrated the political will to
answer a global challenge with a global response. If crime crosses borders, so must law
enforcement. If the rule of law is undermined not only in one country, but in many, then those who
defend it cannot limit themselves to purely national means. If the enemies of progress and human
rights seek to exploit the openness and opportunities of globalization for their purposes, then we
must exploit those very same factors to defend human rights and defeat the forces of crime,
corruption and trafficking in human beings. One of the starkest contrasts in our world today is the
gulf that exists between the civil and the uncivil. By “civil” I mean civilization: the accumulated
centuries of learning that form our foundation for progress. By “civil” I also mean tolerance: the
pluralism and respect with which we accept and draw strength from the world’s diverse peoples.
And finally, I mean civil society: the citizens’ groups, businesses, unions, professors, journalists,
political parties and others who have an essential role to play in the running of any society. Arrayed
against these constructive forces, however, in ever greater numbers and with ever stronger
weapons, are the forces of what I call “uncivil society”. They are terrorists, criminals, drug dealers,
and traffickers in people and others who undo the good works of civil society. They take advantage
of the open borders, free markets and technological advances that bring so many benefits to the
world’s people. They thrive in countries with weak institutions, and they show no scruple about
resorting to intimidation or violence. Their ruthlessness is the very antithesis of all we regard as civil.
They are powerful, representing entrenched interests and the clout of a global enterprise worth
billions of dollars, but they are not invincible.

Criminal groups have wasted no time in embracing today’s globalized economy and the
sophisticated
technology that goes with it. But our efforts to combat them have remained up to now very
fragmented and our weapons almost obsolete. The Convention gives us a new tool to address
the scourge of crime as a global problem. With enhanced international cooperation, we can have
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a real impact on the ability of international criminals to operate successfully and can help citizens
everywhere in their often bitter struggle for safety and dignity in their homes and communities.

Kofi A. Annan
Former Secretary – General
United Nations Convention against Transnational Organized Crime (UNTOC)
also define an offense is transnational in nature if:

(a) It is committed in more than one

State;
(b) It is committed in one State but a substantial part of its preparation, planning, direction or
control takes place in another State;
(c) It is committed in one State but involves an organized criminal group that engages in
criminal activities in more than one State; or
(d) It is committed in one State but has substantial effects in another State.
And what do you think are the crimes commonly committed by Organized Crime groups?

Commonly they use to Illegal recruitment to work abroad, drug trafficking, arms smuggling,
cybercrime and some other crimes with the very intention of gaining power, profit and/or
influence.
This time, go back to what you’ve read and underline the following terms: civil, uncivil,
terrorists, criminals, drug dealers, and traffickers.

LESSON 2 TITLE: THE RISE OF MAFIA

For centuries, Sicily, an island in the Mediterranean Sea between North Africa and the Italian
mainland, was ruled by a long line of foreign invaders, including the Phoenicians, Romans,
Arabs, French and Spanish. The residents of this small island formed
groups to protect themselves from the often-hostile occupying forces, as well as from other
regional grups of Sicilians. These groups, which later became known as clans or families,
developed their own system for justice and retribution, carrying out their actions in secret.
By the 19th century, small private armies known as “mafie” took advantage of the frequently
violent, chaotic conditions in Sicily and extorted protection money from landowners. From this
history, the Sicilian Mafia emerged as a collection of criminal clans or families.

ORGANIZED CRIME AND MAFIA

Organized crime is a pervasive problem in much of today’s global economy (Milhaupt & West
2000). Syndicates and cartels control much of the world’s global narcotics trade, and also earn
significant profits from illegal activities such as gambling, prostitution, smuggling, extortion, and
racketeering. Of these global crime syndicates, perhaps the most famous is the Sicilian mafia.
Although the modern perception of the mafia is based heavily on media portrayals such as the
Godfather movies or The Sopranos television show, it is important to realize that the mafia’s
roots were not as a normal bandit gang that used the threat of violence and extortion to gain
power through entirely illegitimate means. Rather, most organized crime syndicates, including
the mafia, initially gained much of their power by acting as a parallel or substitute legal system,
taking advantage of high demands for services such as private protection during periods or
places characterized by an absence of effective government institutions.

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The Sicilian mafia came into existence during a time of transition in Sicily following the abolition
of feudalism and the creation of the Italian state. Prior to the Italian revolutions of 1848 and 1860,
land ownership in Sicily was based on a feudal system with peasants living on land owned by
absentee landlords. To ensure that they maintained control of their property, these landlords
would often rent their property to middle-class intermediaries, known as “gabelloti” who managed
the estates and often coerced local peasants into working on the lands for low wages. The period
following the abolition of feudalism saw not only an increase in the number of landowners with
property to protect, but also in banditry and the associated threats to personal property. As a
result of this breakdown in social structures and the inability of the absentee landowners to
maintain the status quo by controlling the peasants, the influence of the gabelloti increased and
they became the de facto agents of law and order in rural Sicily. In this manner, a system of
patronage developed where the gabelloti received payments from the landowners in return for
suppression of the peasantry and payments from the peasantry in return for the promise of
protection and continued employment. These gabelloti and the soldiers they hired to enforce the
system of patronage and control banditry and this became today’s modern Sicilian mafia

Over the next few decades, the Sicilian Mafia flourished, expanding its criminal empire and
becoming, by the 1970s, a major player in international narcotics trafficking.

LESSON 3 TITLE: Structure and attributes of Organized Criminal Group

BUREAUCRATIC OR CORPORATE
MODEL

BOSS

UNDER CONSIGLIERE
BOSS

CAPTAINS

SOLDIERS
/
MEMBERS

As you can see, this is the bureaucratic or hierarchical model (one model use to explain the
structure of an organized crime) whereby it is compose of the Boss (also known as “Capo”), the
Underboss (also known as “Sottocapo”), the Captains (also known as “Caporegime”), and the
soldiers (also known as “Soldata”). Consigliere serves as an adviser. For further information, I
need you to read the following details about them and write a short and quick description below.

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Compiled By: MYRDINO I. SABANAL. RCrim, CSP

The Boss, the Don, the King, the Dictator, is the head of the organization, the boss is a dictator
or king and has the power to order anything and everything from anyone in the entire
organization. The Boss rules the organization with an iron fist, he makes all the important
decisions, much like a CEO or Chairman of a company would.

The Underboss or Lieutenant is the second-in-command in the empire and the organizational
hierarchy of the crime family. His level of authority varies, but he is ready to stand in for the boss at
any given moment. He is the second most powerful man in the crime family, he has power and
control over the captains, soldiers and associates, and he runs the bosses and the organization's
day-to-day operations and businesses, and keeps all of the capos, soldiers, hit squads, and
associates in line, and makes sure that everyone within the crime family does their jobs and follows
the bosses commands, and is in makes sure the empire runs smoothly for the boss, and is in charge
of keeping track of the organization's finances, operations and businesses, including keeping the
money flowing to the boss, and protecting him at all costs. The Boss is the only one that has
complete power and authority over the Underboss.

The captain or Caporegime is the captain of a large crew of soldiers, hitmen and associates. The
captain heads a large crew of anywhere from 15 to 3,000 soldiers, hitmen and associates and can
order them to do absolutely anything, The captains report directly to the boss or underboss who
hands down the orders, directions and instructions. He is very powerful and has the power to order
his crew to do anything and everything he desires.

The Soldiers, soldata, Wiseguy's, Men of Honor, Untouchables, or Made-men are lowest-ranking
members of the Mafia, the grunts of the organization, generally sticking out their neck in the hope
of making a name for themselves by demonstrating their loyalty to the organization and boss and
protecting the organization at all costs. Soldiers are used to commit murder, beatings, torture,
assassinations, bombing, arson, kidnapping, extortion, death threats, blackmailing, bribery, witness
intimidation, jury intimidation, and extortion. They are the workers for the organization that work the
streets making a lot of money and killing a lot of people for the bosses and the organization. They
only have two jobs which are to make a lot of money and kill a'lot of people for the boss and the
organization. As a soldier you must be willing to always put the crime family above everything and
anything, even if your wife is about to give birth, or you mother, father, wife, or children is on their
deathbeds, or you’re at the funerals, you must drop everything to serve the boss and the crime
family. Once you become a made-man you are a member for life and the only way out is death.

The Consigliere, or chief advisor, or counselor, is the Boss's right-hand man and trusted confidant.
The Consigliere is very powerful in the organization, and he plays one of the most important roles
in a crime family. He is a close and trusted friend and confidant of the family boss for strategic
information, diplomatic counsel, and sound advice. The Consigliere is the mediator of disputes within
the crime family and often acts as a representative or aide for the organization in meetings with
other crime families, rival crime families, and important business associates. The Consigliere's job
is to bribe politicians, law enforcement and government officials to protect the organization, and to
be a consultant to the crime family, and use his diplomacy to keep the underlings, such as the
captains, soldiers, and associates in line. The Consigliere is someone who the Boss trusts and goes
to for advice, counsel or information regarding the organization, finances, operations, politics, rules,
grievances, disputes, or businesses.

Lesson 4 Title: Early and Present Powerful Organized Criminal Group

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Compiled By: MYRDINO I. SABANAL. RCrim, CSP

This time, I need you to direct your attention to some organized crime syndicate that marked an
influence in the economic and political system during their criminal career.

Italian Mafia
a) Sicilian Mafia (based in Sicily)
The Sicilian Mafia formed in the mid-1800s to unify the Sicilian peasants against their
enemies. In Sicily, the word Mafia tends to mean “manly.” The Sicilian Mafia changed from a
group of honorable Sicilian men to an organized criminal group in the 1920s.

b) Camorra or Neapolitan Mafia (based in Naples)

The word “Camorra” means gang. The Camorra first appeared in the mid-1800s in Naples,
Italy, as a prison gang. Once released, members formed clans in the cities and continued to
grow in power. Every "capo" or "boss", is the head of a clan (as what we previously
discussed), in which there may be tens or hundreds of affiliates, depending on the clan's
power and structure. Consequently, as Camorra clans act independently, they are more
prone to feuding among themselves. The Camorra's main businesses are drug trafficking,
racketeering, counterfeiting and money laundering. It is also not unusual for Camorra clans
to infiltrate in the politics of their respective areas. The Camorra has more than 100 clans and
approximately 7,000 members, making it the largest of the Italian organized crime groups.

c) Ndrangheta or Calabrian Mafia (based in Calabria) –

The word “’Ndrangheta” comes from the Greek meaning courage or loyalty. The ’Ndrangheta
formed in the 1860s when a group of Sicilians was banished from the island by the Italian
government. They settled in Calabria and formed small criminal groups. The 'Ndrangheta has
expanded its activities to Northern Italy, mainly to sell drugs and to invest in legal businesses
which could be used for money laundering. According to some reports, the 'Ndrangheta works
in conjunction with Mexican drug cartels in the drug trade.

American Mafia

On January 16, 1919, Prohibition began in the United States with the 18th Amendment to the
United States Constitution making it illegal to manufacture, transport, or sell alcohol. Despite
these bans, there was still a very high demand for it from the public. This created an atmosphere
that tolerated crime as a means to provide liquor to the public, even among the police and city
politicians.

In the early 1920s, fascist Benito Mussolini took control of Italy and waves of Italian immigrants
fled to the United States. Sicilian Mafia members also fled to the United States, as Mussolini
cracked down on Mafia activities in Italy. Most Italian immigrants resided in tenement (type of
building shared by multiple dwellings) buildings. As a way to escape the poor lifestyle,
some Italian immigrants chose to join the American Mafia.

The Mafia took advantage of prohibition and began selling illegal alcohol. The profits from
bootlegging (illegal selling of alcohol) far exceeded the traditional crimes of protection, extortion,
gambling, and prostitution. Prohibition allowed Mafia families to make fortunes. As prohibition
continued, victorious factions went on to dominate organized crime in their respective cities,
setting up the family structure of each city. The bootlegging industry organized members of these
gangs before they were distinguished as today's known families. The new industry required
members at all different employment levels, such as bosses, lawyers, truckers, and even
members to eliminate competitors through threat/force. Gangs hijacked each other's alcohol
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shipments, forcing rivals to pay them for "protection" to leave their operations alone, and armed
guards almost invariably accompanied the caravans that delivered the liquor.

In the 1920s, Italian Mafia families began waging wars for absolute control over lucrative
bootlegging rackets. As the violence erupted, Italians fought Irish and Jewish ethnic gangs for
control of bootlegging in their respective territories. In Chicago, Al Capone and his family
massacred the North Side Gang, another Irish American outfit. In New York City, by the end of
the 1920s, two factions of organized crime had emerged to fight for control of the criminal
underworld, one led by Joe Masseria and the other by Salvatore Maranzano. This caused the
Castellammarese War, which led to Masseria's murder in 1931. Maranzano then divided New
York City into Five Families (One organized criminal group divided into 5 families – Bonanno
Family, Colombo Family, Gambino Family, Genovese Family and Lucchese Family).
Maranzano, the first leader of the American Mafia, established the code of conduct for the
organization, set up the "family" divisions and structure, and established procedures
for resolving disputes. In an unprecedented move, Maranzano set himself up as
boss of all bosses and required all families to pay tribute to him. This new role was received
negatively, and Maranzano was murdered within six months on the orders of Charles "Lucky"
Luciano. Luciano was a former Masseria underling who had switched sides to Maranzano and
orchestrated the killing of Masseria.

Triads
Triads are traditional organized-crime groups originating from Hong Kong, Macau and Taiwan.
Criminal organizations operating in, or originating from, mainland China are "mainland Chinese
criminal groups" or "black societies". After years of repression, only some elements of triad
groups are involved with illegal activities. Triads in Hong Kong are less involved with "traditional"
criminal activity and are becoming associated with white-collar crime (refers to financially
motivated, nonviolent crime committed by businesses and government professionals). "Triad" is
a translation of the Chinese term San Ho Hui (or Triple Union Society), referring to the union of
heaven, earth and humanity.

Columbian Cartel
a) Medellin Cartel – was a powerful and highly organized Colombian drug cartel and terrorist-
type criminal organization originating in the city of Medellín, Colombia that was founded and
led by Pablo Escobar. The drug cartel operated from 1972 to 1993 in Bolivia, Colombia,
Panama, Central America, Peru, and the United States, as well as in Canada. At the height
of its operations, the Medellín Cartel smuggled tons of cocaine each week into countries all
over the world and brought in up to US$60 million daily in drug profits. For a time, the Medellín
Cartel supplied at least 80% of the world's cocaine market.

b) Cali Cartel – was a drug cartel based in southern Colombia, around the city of Cali and the
Valle del Cauca Department. Its founders were the brothers Gilberto Rodríguez Orejuela and
Miguel Rodríguez Orejuela, and José Santacruz Londoño. They broke away from Pablo
Escobar and his Medellín associates in the late 1980s. With connections to British and Israeli
mercenaries, allies among countries, countless spies and informants in the government, and
its vast intelligence and surveillance network throughout the city of Santiago de Cali, the
cartel was once renowned and compared to the KGB (intelligence service of Russia) by the
DEA (equivalent to PDEA in the Philippines). At the height of the Cali Cartel's reign, they
were cited as having control over 90% of the world's cocaine market and were said to be
directly responsible for the growth of the cocaine market in Europe, controlling 90% of the

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market there as well. By the mid-1990s, the trafficking empire of the Cali Cartel was a
multibillion-dollar enterprise.

Japan Mafia
Yakuza (8-9-3) or Boryokudan - the most influential organized crime group in Japan. Yakuza
makes billions of dollars through corporate extractions and the Sokoiya (shareholders meeting men).
Other activities that they are involved in include: Exploitation of women, Prostitutions (mostly coming
from the Philippines, Thailand and Taiwan) and Gambling Den.

5 Most Powerful Criminal Organisations in the World

a) Solntsevskaya Bratva - also known as the Solntsevskaya Brotherhood is the biggest and
most powerful crime syndicate of the Russian mafia.

b) Yamaguchi Gumi - the largest known gang in the world and one of several groups collectively
referred to in Japan as Yakuza. It is named after its founder Harukichi Yamaguchi.

c) The Crips - are primarily an African-American gang. They were founded in Los Angeles,
California in 1969 mainly by Raymond Washington and Stanley Williams. The Crips are
notorious for being one of the most violent gangs in the United States.

d) Cosa Nostra - is a criminal syndicate in Sicily, Italy. It is a loose association of criminal groups
that share a common organisational structure and code of conduct.

e) Sinaloa Cartel - is an international drug trafficking, money laundering, and organised crime
syndicate. It is considered by many to be the most feared Mexican drug cartel in the world.

LESSON 5 TITLE: Trafficking in Person

Human trafficking in its sense is the trade of humans for the purpose of forced labour, sexual
slavery, or commercial sexual exploitation for the trafficker or others. This may encompass
providing a spouse in the context of forced marriage, or the extraction of organs or tissues,
including for surrogacy and ova removal.

In the Philippines, Trafficking in Persons is legally defined as the the recruitment, transportation,
transfer or harboring, or receipt of persons with or without the victim’s consent or knowledge, within
or across national borders by means of threat or use of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person,
or, the giving or receiving of payments or benefits to achieve the consent of a person having control
over another person for the purpose of exploitation which includes at a minimum, the exploitation or
the
prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude
or the removal or sale of organs. Legally define since there is a law that define it as a crime.

RA 9208 is known as the Anti-Trafficking in Persons Act of 2003. Under this law, it punishes the
different acts considered as human trafficking or trafficking in persons.

Under section 4 of this law, it defines the different acts considered as Trafficking in Persons.
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Compiled By: MYRDINO I. SABANAL. RCrim, CSP

Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
a. To recruit, transport, transfer; harbor, provide, or receive a person by any means,
including those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
b. To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading
him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
c. To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude or debt bondage;
d. To undertake or organize tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution, pornography or
sexual exploitation;
e. To maintain or hire a person to engage in prostitution or pornography;
f. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; g. To
recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of
said person; and
h. To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.

Aside from that, under section 6 of this law, it defines also the acts considered as Qualified
Trafficking in Persons.

Section 6. Qualified Trafficking in Persons. – The following are considered as qualified

trafficking:
a. When the trafficked person is a child;
b. When the adoption is effected through Republic Act No. 8043, otherwise known
as the “Inter-Country Adoption Act of 1995” and said adoption is for the purpose
of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
c. When the crime is committed by a syndicate, or on a large scale. Trafficking is
deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed
in large scale if committed against three (3) or more persons, individually or as
a group;
d. When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed
by a public officer or employee;
e. When the trafficked person is recruited to engage in prostitution with any
member of the military or law enforcement agencies;
f. When the offender is a member of the military or law enforcement agencies;
and
g. When by reason or on occasion of the act of trafficking in persons, the offended
party dies, becomes insane, suffers mutilation or is afflicted with Human
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Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS).

Lesson 6 Title: Prosecution and Prescription of trafficking Cases

Section 7. Confidentiality. – At any stage of the investigation, prosecution and trial of an offense
under this Act, law enforcement officers, prosecutors, judges, court personnel and medical
practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked
person and the accused. Towards this end, law enforcement officers, prosecutors and judges to
whom the complaint has been referred may, whenever necessary to ensure a fair and impartial
proceeding, and after considering all circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial. The name and personal circumstances of the
trafficked person or of the accused, or any other information tending to establish their identities and
such circumstances or information shall not be disclosed to the public.

In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for
any editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio, producer and director of a film in case of the movie
industry, or any person utilizing tri-media facilities or information technology to cause publicity of
any case of trafficking in persons.

Section 8. Prosecution of Cases. – Any person who has personal knowledge of the commission
of any offense under this Act, the trafficked person, the parents, spouse, siblings, children or
legal guardian may file a complaint for trafficking.

Section 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, that trafficking cases committed by a syndicate or in a large scale as
defined under Section 6 shall prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage and shall be interrupted by the filing of the
complaint or information and shall commence to run again when such proceedings terminate
without the accused being convicted or acquitted or are unjustifiably stopped for any reason not
imputable to the accused.

What is the evidence needed to file a case of trafficking in person?

a) Testimonial Evidence – affidavit of the complainant and witnesses
b) Documentary Evidence – contract of employment, travel documents, records,
police records, forensic reports and other pertinent documents
c) Object Evidence – devices and instrument used in trafficking and means to
control the trafficked victims
d) Other evidence relevant

Now allow me to summarize, simplify and clarify things.

When we say prosecution of cases in line with trafficking, we are referring to the filing of the
appropriate criminal charges. In cases related to trafficking, the traffic person or the victim
itself can file criminal charges. If not, the parents, spouse, siblings, children or legal guardian
may file a complaint for trafficking.
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Prescription on the other hand simply means as the allowable period from the commission
of the crime that the said party can file criminal charges. In the case of trafficking, the counting
must start from the day the victim was released from the bondage or simply escape from
being a traffic person. If the case is prescribed, it means you can no longer file appropriate
criminal charges.

LESSON 7 TITLE: ROLE OF THE GOVERNEMENT IN CONTROLLING TRAFFICKING CASES

Section 16. Programs that Address Trafficking in Persons. – The government shall establish and
implement preventive, protective and rehabilitative programs for trafficked persons. For this
purpose, the following agencies are hereby mandated to implement the following programs;

(a) Department of Foreign Affairs (DFA) – shall make available its resources and facilities
overseas for trafficked persons regardless of their manner of entry to the receiving country, and
explore means to further enhance its assistance in eliminating trafficking activities through closer
networking with government agencies in the country and overseas, particularly in the formulation of
policies and implementation of relevant programs. The DFA shall take necessary measures for the
efficient implementation of the Machine Readable Passports to protect the integrity of Philippine
passports, visas and other travel documents to reduce the incidence of trafficking through the use
of fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.

(b) Department of Social Welfare and Development (DSWD) – shall implement rehabilitative and
protective programs for trafficked persons. It shall provide counseling and temporary shelter to
trafficked persons and develop a system for accreditation among NGOs for purposes of establishing
centers and programs for intervention in various levels of the community.

(c) Department of Labor and Employment (DOLE) – shall ensure the strict implementation and
compliance with the rules and guidelines relative to the employment of persons locally and overseas.
It shall likewise monitor, document and report cases of trafficking in persons involving employers
and labor recruiters.

(d) Department of Justice (DOJ) – shall ensure the prosecution of persons accused of trafficking
and designate and train special prosecutors who shall handle and prosecute cases of trafficking. It
shall also establish a mechanism for free legal assistance for trafficked persons, in coordination with
the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.

(E) National Commission on the Role of Filipino Women (NCRFW) – shall actively participate
and coordinate in the formulation and monitoring of policies addressing the issue of trafficking in the
persons in coordination with relevant government agencies. It shall likewise advocate for the
inclusion of the issue of trafficking in persons in both its local and international advocacy for women’s
issues.

(F) Bureau if Immigration – shall strictly administer and enforce immigration and alien
administration laws. It shall adopt measures for the apprehension of suspected traffickers both at
the place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées and
spouses of foreign nationals with the guidance and counselling requirement as provided for in this
Act.
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(g) Philippine Overseas Employment Administration (POEA) – shall implement effective pre-
employment orientation seminars and pre-departure counseling programs to applicants for overseas
employment. It shall likewise formulate a system of providing free legal assistance to trafficked
persons.

(h) Department of the Interior and Local Government (DILG) – shall institute a systematic
information and prevention campaign and likewise maintain a databank for the effective monitoring,
documentation and prosecution of cases on trafficking in persons.

(i) Local government units (LGUs) – shall monitor and document cases of trafficking in persons
in their areas of jurisdiction, effect the cancellation of licenses of establishments which violate the
provisions of this Act and ensure effective prosecution of such cases. They shall also undertake an
information campaign against trafficking in persons through the establishment of the Migrants
Advisory and Information Network (MAIN) desks in municipalities or provinces in coordination with
DILG, Philippine Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and
other concerned agencies. They shall encourage and support community based initiatives which
address trafficking in persons.

Lesson 8 Title: Expanded trafficking in Persons

SEC. 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:

“SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to initiate the
commission of a trafficking offense but the offender failed to or did not execute all the elements of
the crime, by accident or by reason of some cause other than voluntary desistance, such overt acts
shall be deemed as an attempt to commit an act of trafficking in persons. As such, an attempt to
commit any of the offenses enumerated in Section 4 of this Act shall constitute attempted trafficking
in persons.

“In cases where the victim is a child, any of the following acts shall also be deemed as attempted
trafficking in persons:

a) “Facilitating the travel of a child who travels alone to a foreign country or territory without valid
reason therefor and without the required clearance or permit from the Department of Social
Welfare and Development, or a written permit or justification from the child’s parent or legal
guardian;
b) “Executing, for a consideration, an affidavit of consent or a written consent for adoption;
c) “Recruiting a woman to bear a child for the purpose of selling the child;
d) “Simulating a birth for the purpose of selling the child; and
e) “Soliciting a child and acquiring the custody thereof through any means from among hospitals,
clinics, nurseries, daycare centers, refugee or evacuation centers, and low-income families,
for the purpose of selling the child.”

“SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the execution of
the offense by previous or simultaneous acts defined in this Act shall be punished in accordance
with the provisions of Section
10(c) of this Act.”

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SEC. 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:
“SEC. 4-C. Accessories. – Whoever has the knowledge of the commission of the crime, and without
having participated therein, either as principal or as accomplices, take part in its commission in any
of the following manners:

a) “By profiting themselves or assisting the offender to profit by the effects of the crime;
b) “By concealing or destroying the body of the crime or effects or instruments thereof, in order
to prevent its discovery;
c) “By harboring, concealing or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his or her public functions or is known to be habitually guilty of
some other crime.

In the commission of the crime, there are three things that you need to remember with respect to
their participation (although you will learn this one most in your Criminal law book 1) – the principal,
who took part directly in the commission of the crime; the accomplice, who only aids in the
commission of the crime and even without his/her participation the crime will happen; and, the
accessory who participated not as principal nor accomplice (simple distinction).

Lesson 9 Title: Inter Agency Council against Trafficking in Person

IACAT is the primary agency task to formulate a comprehensive and integrated program to
prevent and suppress the trafficking in persons. Make sure to take note while you read as to
the function of the Inter-Agency Council against Trafficking is.

Section 20. Inter-Agency Against Trafficking – there is hereby established an Inter-Agency Council
Against Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson
and the Secretary of the Department of Social Welfare and Development as Co-Chairperson and
shall have the following as members; (a) Secretary Department of Foreign Affairs; (b) Secretary,
Department of Labor and Employment; (c) Administrator, Philippine Overseas; (d) Commissioner,
Bureau of Immigration; E) Director General, PNP
F) Chairperson, National Commission on the Role of Filipino Women, and (g). Three
representatives from NGOs, who shall be composed of one (1) representative each from among
the sectors representing women, overseas Filipino workers (OFWs) and children, with a proven
record of involvement in the prevention and suppression of trafficking in persons. These
representatives shall be nominated by the government agency representatives of the Council,
for appointment by the President for a term of three (3) years.

The members of the Council may designate their permanent representatives who shall have a
rank not lower than an assistant secretary or its equivalent to meetings, and shall receive
emoluments as may be determined by the Council in accordance with existing budget and
accounting, rules and regulations.

Section 21. Functions of the Council. - The Council shall have the following powers and functions:
a. Formulate a comprehensive and integrated program to prevent and suppress the
trafficking in persons;
b. Promulgate rules and regulations as may be necessary for the effective implementation of
this Act;

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c. Monitor and oversee the strict implementation of this Act;
d. Coordinate the programs and projects of the various member agencies to effectively address
the issues and problems attendant to trafficking in persons;
e. Coordinate the conduct of massive information dissemination and campaign
on the existence of the law and the various issues and problems attendant to trafficking
through the LGUs, concerned agencies, and NGOs;
f. Direct other agencies to immediately respond to the problems brought to their attention and
report to the Council on action taken;
g. Assist in filing of cases against individuals, agencies, institutions or establishments that
violate the provisions of this Act;
h. Formulate a program for the reintegration of trafficked persons in cooperation with
DOLE, DSWD, Technical Education and Skills Development Authority (TESDA), Commission on
Higher
Education (CHED), LGUs and NGOs;
i. Secure from any department, bureau, office, agency, or instrumentality of the government or
from NGOs and other civic organizations such assistance as may be needed to effectively
implement this Act;
j. Complement the shared government information system for migration established under
Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos
Act of 1995" with data on cases of trafficking in persons, and ensure that the proper agencies
conduct a continuing research and study on the patterns and scheme of trafficking in persons
which shall form the basis for policy formulation and program direction;
k. Develop the mechanism to ensure the timely, coordinated, and effective response to cases
of trafficking in persons;
l. Recommend measures to enhance cooperative efforts and mutual assistance among foreign
countries through bilateral and/or multilateral arrangements to prevent and suppress
international trafficking in persons;
m. Coordinate with the Department of Transportation and Communications (DOTC),
Department of Trade and Industry (DTI), and other NGOs in monitoring the promotion of
advertisement of trafficking in the internet;
n. Adopt measures and policies to protect the rights and needs of trafficked persons who are
foreign nationals in the Philippines;
o. Initiate training programs in identifying and providing the necessary intervention or
assistance to trafficked persons; and
p. Exercise all the powers and perform such other functions necessary to attain the purposes
and objectives of this Act.

Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society, concerned government agencies shall make available
the following services to trafficked persons:

a. Emergency shelter or appropriate housing;

b. Counseling;
c. Free legal services which shall include information about the victims' rights and the procedure
for filing complaints, claiming compensation and such other legal remedies available to them,
in a language understood by the trafficked person;
d. Medical or psychological services;
e. Livelihood and skills training; and
f. Educational assistance to a trafficked child
b) Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the trafficked persons shall be adopted and carried out.
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Lesson 10 Title: Ownership and Possession of Firearm

SEC. 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess
Firearms. – In order to qualify and acquire a license to own and possess a firearm or firearms
and ammunition, the applicant must be a Filipino citizen, at least twenty-one (21) years old and
has gainful work, occupation or business or has filed an Income Tax Return (ITR) for the
preceding year as proof of income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate authorities
attesting the following:
a) The applicant has not been convicted of any crime involving moral turpitude:
b) The applicant has passed the psychiatric test administered by a PNPaccredited psychologist
or psychiatrist;
c) The applicant has passed the drug test conducted by an accredited and authorized drug
testing laboratory or clinic;
d) The applicant has passed a gun safety seminar which is administered by the PNP or a
registered and authorized gun club;
e) The applicant has filed in writing the application to possess a registered firearm which shall
state the personal circumstances of the applicant;
f) The applicant must present a police clearance from the city or municipality police office; and
g) The applicant has not been convicted or is currently an accused in a pending criminal case
before any court of law for a crime that is punishable with a penalty of more than two (2)
years.

For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the courts
of law shall qualify the accused thereof to qualify and acquire a license.

The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules
and regulations of this Act.

An applicant who intends to possess a firearm owned by a juridical entity shall submit his/her duty
detail order to the FEO of the PNP.

SEC. 5. Ownership of Firearms and Ammunition by a Juridical

Entity. – A juridical person maintaining its own security force may be issued a regular license to own
and possess firearms and ammunition under the following conditions:
a) It must be Filipino-owned and duly registered with the Securities and Exchange Commission
(SEC); b) It is current, operational and a continuing concern;
c) It has completed and submitted all its reportorial requirements to the SEC; and
d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal
Revenue.

The application shall be made in the name of the juridical person represented by its President or
any of its officers mentioned below as duly authorized in a board resolution to that effect: Provided,
That the officer applying for the juridical entity, shall possess all the qualifications required of a
citizen applying for a license to possess firearms.

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Other corporate officers eligible to represent the juridical person are: the vice president, treasurer,
and board secretary.

Security agencies and LGUs shall be included in this category of licensed holders but shall be
subject to additional requirements as may be required by the Chief of the PNP.

SEC. 6. Ownership of Firearms by the National Government. – All firearms owned by the National
Government shall be registered with the FEO of the PNP in the name of the Republic of the
Philippines. Such registration shall be exempt from all duties and taxes that may otherwise be levied
on other authorized owners of firearms.

For the sake of national security, firearms of the Armed Forces of the Philippines (AFP), Coast
Guard and other law enforcement agencies shall only be reported to the FEO of the PNP.

SEC. 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to carry firearms
outside of residence shall be issued by the Chief of the PNP or his/her duly authorized
representative to any qualified person whose life is under actual threat or his/her life is in imminent
danger due to the nature of his/her profession, occupation or business.

It shall be the burden of the applicant to prove that his/her life is under actual threat by submitting
a threat assessment certificate from the PNP.

For purposes of this Act, the following professionals are considered to be in imminent danger
due to the nature of their profession, occupation or business:
a) Members of the Philippine Bar;
b) Certified Public Accountants;
c) Accredited Media Practitioners;
d) Cashiers, Bank Tellers;
e) Priests, Ministers, Rabbi, Imams;
f) Physicians and Nurses;
g) Engineers; and
h) Businessmen, who by the nature of their business or undertaking, are exposed to high risk
of being targets of criminal elements.

Lesson 11 Title: Registration and Licensing of Firearm

SEC. 8. Authority to Issue License. – The Chief of the PNP, through the FEO of the PNP, shall
issue licenses to qualified individuals and to cause the registration of firearms.

SEC. 9. Licenses Issued to Individuals. – Subject to the requirements set forth in this Act and
payment of required fees to be determined by the Chief of the PNP, a qualified individual may be
issued the appropriate license under the following categories;

a) Type 1 license – allows a citizen to own and possess a maximum of two (2) registered
firearms;
b) Type 2 license – allows a citizen to own and possess a maximum of five (5) registered
firearms;
c) Type 3 license – allows a citizen to own and possess a maximum of ten (10) registered
firearms;
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d) Type 4 license – allows a citizen to own and possess a maximum of fifteen (15) registered
firearms; and
e) Type 5 license – allows a citizen, who is a certified gun collector, to own and possess more
than fifteen (15) registered firearms.

For Types 1 to 5 licenses, a vault or a container secured by lock and key or other
security measures for the safekeeping of firearms shall be required.

For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements.

SEC. 10. Firearms That May Be Registered. – Only small arms may be registered by licensed
citizens or licensed juridical entities for ownership, possession and concealed carry. A light weapon
shall be lawfully acquired or possessed exclusively by
the AFP, the PNP and other law enforcement agencies authorized by the President in the
performance of their duties: Provided, That private individuals who already have licenses to
possess Class-A light weapons upon the effectivity of this Act shall not be deprived of the privilege
to continue possessing the same and renewing the licenses therefor, for the sole reason that these
firearms are Class “A” light weapons, and shall be required to comply with other applicable
provisions of this Act.

SEC. 11. Registration of Firearms. – The licensed citizen or licensed juridical entity shall register
his/her/its firearms so purchased with the FEO of the PNP in accordance with the type of license
such licensed citizen or licensed juridical entity possesses. A certificate of registration of the firearm
shall be issued upon payment of reasonable fees
For purposes of this Act, registration refers to the application, approval, record-keeping and
monitoring of firearms with the FEO of the PNP in accordance with the type of license issued to
any person under Section 9 of this Act.

License to Posses License to Manufacture

LICENSES

License to Deal Gunsmith License

SEC. 12. License to Possess Ammunition Necessarily Included. – The licenses granted to qualified
citizens or juridical entities as provided in Section 9 of this Act shall include the license to possess
ammunition with a maximum of fifty (50) rounds for each registered firearm: Provided; That the
FEO of the PNP may allow more ammunition to be possessed by licensed sports shooters.

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SEC. 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. – Any person
desiring to manufacture or deal in firearms, parts of firearms or ammunition thereof, or instruments
and implements used or intended to be used in the manufacture of firearms, parts of firearms or
ammunition, shall make an application to:

a) The Secretary of the Department of the Interior and Local Government (DILG) in the case
of an application for a license to manufacture; and
b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts,
ammunition and gun

SEC. 15. Registration of Locally Manufactured and Imported Firearms. – Local manufacturers and
importers of firearms and major parts thereof shall register the same as follows:

(a) For locally manufactured firearms and major parts thereof, the initial registration shall be done
at the manufacturing facility: Provided, that firearms intended for export shall no longer be
subjected to ballistic identification procedures; and
(b) For imported firearms and major parts thereof, the registration shall be done upon arrival at
the FEO of the PNP storage facility.

SEC. 16. License and Scope of License to Deal. – The License to Deal authorizes the purchase,
sale and general business in handling firearms and ammunition, major and minor parts of firearms,
accessories, spare parts, components, and reloading machines, which shall be issued by the Chief
of the PNP.

SEC. 17. License and Scope of License for Gunsmiths. – The license for gunsmiths shall allow the
grantee to repair registered firearms. The license shall include customization of firearms from
finished or manufactured parts thereof on per order basis and not in commercial quantities and
making the minor parts thereof, i.e. pins, triggers, trigger bows, sights and the like only for the
purpose of repairing the registered firearm. The license for gunsmiths shall be issued by the Chief
of the PNP.

SEC. 18. Firearms for Use in Sports and Competitions. – A qualified individual shall apply for a
permit to transport his/her registered firearm/s from his/her residence to the firing range/s and
competition sites as may be warranted.

SEC. 19. Renewal of Licenses and Registration. – All types of licenses to possess a firearm shall
be renewed every two (2) years. Failure to renew the license on or before the date of its expiration
shall cause the revocation of the license and of the registration of the firearm/s under said licensee.

The registration of the firearm shall be renewed every four (4) years. Failure to renew the
registration of the firearm on or before the date of expiration shall cause the revocation of the
license of the firearm. The said firearm shall be confiscated or forfeited in favor of the government
after due process.

The failure to renew a license or registration within the periods stated above on two (2) occasions
shall cause the holder of the firearm to be perpetually disqualified from applying for any firearm
license. The application for the renewal of the license or registration may be submitted to the FEO
of the PNP, within six (6) months before the date of the expiration of such license or registration.

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Lesson 12 Title: Arms Smuggling and Illegal Possession, Manufacture, Sale or Disposition of
Firearm

Arms smuggling refers to the import, export, acquisition, sale, delivery, movement or transfer of
firearms, their parts and components and ammunition, from or across the territory of one country
to that of another country which has not been authorized in accordance with domestic law in either
or both country/countries.

Antique firearm refers to any: (1) firearm which was manufactured at least seventy-five (75) years
prior to the current date but not including replicas; (2) firearm which is certified by the National
Museum of the
Philippines to be curio or relic of museum interest; and (3) any other firearm which derives a
substantial part of its monetary value from the fact that it is novel, rare, bizarre or because of its
association with some historical figure, period or event.

Imitation firearm refers to a replica of a firearm, or other device

that is so substantially similar in coloration and overall
appearance to an existing firearm as to lead a reasonable
person to believe that such imitation firearm is a real firearm.

Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and carbines,
submachine guns, assault rifles and light machine guns not exceeding caliber 7.62MM which have
fully automatic mode; and Class-B Light weapons which refer to weapons designed for use by two
(2) or more persons serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such
as heavy machine guns, handheld underbarrel and mounted grenade launchers, portable anti-
aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and
rocket systems, portable launchers of anti-aircraft missile systems, and mortars of a caliber of less
than 100MM.

Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm which has
been lost or stolen, illegally manufactured firearms, registered firearms in the possession of an
individual other than the licensee and those with revoked licenses in accordance with the rules and
regulations.

Major part or components of a firearm refers to the barrel, slide, frame, receiver, cylinder or the
bolt assembly. The term also includes any part or kit designed and intended for use in converting
a semi-automatic burst to a full automatic firearm.

Minor parts of a firearm refers to the parts of the firearm other than the major parts which are
necessary to effect and complete the action of expelling a projectile by way of combustion, except
those classified as accessories.

SEC. 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. –

The crime of unlawful acquisition, possession of firearms and/or ammunition shall be impose to
those who: a) unlawfully acquire or possess a small arm;
b) if three (3) or more small arms or Class-A light weapons are unlawfully acquired or
possessed;
c) unlawfully acquire or possess a Class-A light weapon;
d) unlawfully acquire or possess a Class-B light weapon;
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e) unlawfully acquire or possess a major part of a small arm;
SEC. 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm, when
inherent in the commission of a crime punishable under the Revised Penal Code or other special
laws, shall be considered as an aggravating circumstance.

SEC. 30. Liability of Juridical Person. – The penalty of prision mayor in its minimum to prision
mayor in its medium period shall be imposed upon the owner, president, manager, director or
other responsible officer of/any public or private firm, company, corporation or entity who shall
willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity
to be used by any person or persons found guilty of violating the provisions of the preceding
section, or willfully or knowingly allow any of them to use unregistered firearm or firearms without
any legal authority to be carried outside of their residence in the course of their employment.

SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or

Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of Firearms,
Ammunition or Parts Thereof. – The penalty of reclusion temporal to reclusion perpetua shall be
imposed upon any person who shall unlawfully engage in the manufacture, importation, sale or
disposition of a firearm or ammunition, or a major part of a firearm or ammunition, or machinery,
tool or instrument used or intended to be used by the same person in the manufacture of a firearm,
ammunition, or a major part thereof.

SEC. 35. Use of an Imitation Firearm. – An imitation firearm used in the commission of a crime shall
be considered a real firearm as defined in this Act and the person who committed the crime shall
be punished in accordance with this Act: Provided, That injuries caused on the occasion of the
conduct of competitions, sports, games, or any recreation activities involving imitation firearms shall
not be punishable under this Act.

SEC. 37. Confiscation and Forfeiture. – The imposition of penalty for any violation of this Act shall
carry with it the accessory penalty of confiscation and forfeiture of the firearm, ammunition, or parts
thereof, machinery, tool or instrument in favor of the government which shall be disposed of in
accordance with law.

SEC. 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. – The Chief of
the PNP or his/her authorized representative may revoke, cancel or suspend a license or permit on
the following grounds:

a. Commission of a crime or offense involving the firearm, ammunition, of major parts

thereof;
b. Conviction of a crime involving moral turpitude or any offense where the penalty
carries an imprisonment of more than six (6) years;
c. Loss of the firearm, ammunition, or any parts thereof through negligence;
d. Carrying of the firearm, ammunition, or major parts thereof outside of residence or
workplace without, the proper permit to carry the same;
e. Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
f. Dismissal for cause from the service in case of government official and employee;
g. Commission of any of the acts penalized under Republic Act No. 9165, otherwise
known as the
“Comprehensive Dangerous Drugs Act of 2002”;
h. Submission of falsified documents or misrepresentation in the application to obtain a
license or permit;
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i. Noncompliance of reportorial requirements; and
j. By virtue of a court order.

What is the evidence needed to file a case of illegal possession of firearms?

a) Testimonial Evidence – Affidavit of witnesses and arresting officer
b) Documentary Evidence - Certificate of non–registration and other pertinent documents,
police records, macro-etching and ballistics results and other related documents
c) Object Evidence - Firearms and other related parts and ammunitions
d) Other relevant evidence

Lesson 13 Title: Money Laundering Offenses and the Anti –Money Laundering Council (AMLC)

This time try to understand more about money laundering.

Monetary Instrument” refers to:

(a) Coins or currency of legal tender of the Philippines, or of any other country;
(b) Drafts, checks and notes; etc.

Money Laundering Offense. – Money laundering is committed by any person who,

knowing that any monetary instrument or property represents, involves, or relates to the
proceeds of any unlawful activity:
a) "transacts said monetary instrument or property;
b) "converts, transfers, disposes of, moves, acquires, possesses or uses said monetary
instrument or property;
c) "conceals or disguises the true nature, source, location, disposition, movement or
ownership of or rights with respect to said monetary instrument or property;
d) "attempts or conspires to commit money laundering offenses referred to in paragraphs
(a), (b) or (c);
e) "aids, abets, assists in or counsels the commission of the money laundering offenses
referred to in paragraphs (a), (b) or (c) above; and
f) "performs or fails to perform any act as a result of which he facilitates the offense of
money laundering referred to in paragraphs (a), (b) or (c) above.
"Money laundering is also committed by any covered person who, knowing that a covered or
suspicious transaction is required under this Act to be reported to the Anti-Money Laundering
Council (AMLC), fails to do so."
“Unlawful activity” refers to any act or omission or series or combination thereof involving or
having relation, to the following (some of the crimes that can be considered for money
laundering):

a) Kidnapping for ransom under

b) Importation, Sale, Administration, Delivery, Distribution, Transportation, Manufacture, and
Possession of prohibited drugs;
c) Plunder
d) Hijacking
e) Estafa
f) Violations of Consumer Act of the Philippines
g) Cybercrime
h) Smuggling

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i) Robbery

STAGES OF MONEY LAUNDERING

a) Placement Stage

The placement stage represents the initial entry of the "dirty" cash or proceeds of
crime into the financial system. Generally, this stage serves two purposes: (a) it
relieves the criminal of holding and guarding large amounts of bulky cash; and (b)
it places the money into the legitimate financial system. It is during the placement
stage that money launderers are the most vulnerable to being caught. This is due to the fact
that placing large amounts of money (cash) into the legitimate financial system
may raise suspicions of officials.

b) Layering Stage

After placement comes the layering stage (sometimes referred to as structuring). The
layering stage is the most complex and often entails the international movement of the funds.
The primary purpose of this stage is to separate the illicit money from its source. This is done
by the sophisticated layering of financial transactions that obscure the audit trail and sever
the link with the original crime.

c) Integration Stage

The final stage of the money laundering process is termed the integration stage. It is at the
integration stage where the money is returned to the criminal from what seem to be legitimate
sources. Having been placed initially as cash and layered through a number of financial
transactions, the criminal proceeds are now fully integrated into the financial system and can
be used for any purpose.

There are many different ways in which the laundered money can be integrated back with
the criminal; however, the major objective at this stage is to reunite the money with the
criminal in a manner that does not draw attention and appears to result from a legitimate
source.

Lesson 14 Title: Covered and Suspected Transactions and Freezing of Suspected Money
Laundering Cases

“Covered persons”, natural or juridical, refers to banks, non-banks, quasi-banks, trust entities,
foreign exchange dealers, pawnshops, money changers, remittance and transfer companies and
other similar entities and all other persons and their subsidiaries and affiliates supervised or
regulated by the Bangko Sentral ng Pilipinas (BSP); etc.

“Transaction” refers to any act establishing

any right or obligation or giving rise to any
contractual or legal relationship between the
parties thereto. It also includes any
movement of funds by any means with a
covered institution.
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a. “Covered Transaction” is a transaction in cash or other equivalent monetary instrument
involving a total amount in excess of five hundred thousand pesos (Php500,000.00) within
one (1) banking day.
b. “Suspicious Transaction” is a transaction, regardless of amount, where any of the following
circumstance exists:

i. there is no underlying legal or trade obligation, purpose or economic

justification;
ii. the client is not properly identified;
iii. the amount involved is not commensurate with the business or financial
capacity of the client; iv. taking into account all known circumstances, it may be
perceived that the client’s transaction is structured in order to avoid being the subject
of reporting requirements under the act;
v. any circumstance relating to the transaction which is observed to deviate from the
profile of the client and/or the client’s past transactions with the covered institution;
vi. the transaction is in any way related to an unlawful activity or any money
laundering activity or offense under the AMLA, as amended, is being or has been
committed; vii. any transaction that is similar, analogous or identical to any of the
foregoing.

Creation of Anti-Money Laundering Council (AMLC). – The Anti-Money Laundering Council

is hereby created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as
Chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities
and Exchange Commission, as members. The

One of the primary function of the AMLC is to require and receive covered or suspicious
transaction reports from covered persons;

Investigation of Money Laundering Offenses. - The AMLC shall investigate:

a) suspicious transactions;
b) covered transactions deemed suspicious after an investigation conducted by the
AMLC; c) money laundering activities; and
d) other violations of the AMLA, as amended.

Jurisdiction of Money Laundering Cases. - The Regional Trial Courts shall have the
jurisdiction to try all cases on money laundering. Those committed by public officers and private
persons who are in conspiracy with such public officers shall be under the jurisdiction of the
Sandiganbayan.

Prosecution of Money Laundering.

a) Any person may be charged with and convicted of both the offense of money laundering and
the unlawful activity as defined.
b) The prosecution of any offense or violation under this Act shall proceed independently of any
proceeding relating to the unlawful activity.

The elements of the offense of money laundering are separate and distinct from the elements of
the felony or offense constituting the unlawful activity.

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Freezing of Monetary Instrument or Property. – Upon a verified ex parte (with respect to or in
the interests of one side only or of an interested outside party) petition by the AMLC and after
determination that probable cause exists that any monetary instrument or property is in any way
related to an unlawful activity as defined, the Court of Appeals may issue a freeze order which
shall be effective immediately, and which shall not exceed six (6) months depending upon the
circumstances of the case: Provided, That if there is no case filed against a person whose
account has been frozen within the period determined by the court, the freeze order shall be
deemed ipso facto lifted: Provided, further, That this new rule shall not apply to pending cases
in the courts. In any case, the court should act on the petition to freeze within twenty-four (24)
hours from filing of the petition. If the application is filed a day before a nonworking day, the
computation of the twenty-four (24)-hour period shall exclude the nonworking days.

"A person whose account has been frozen may file a motion to lift the freeze order and the court
must resolve this motion before the expiration of the freeze order.

Reporting of Covered Transactions.

Covered Institutions shall report to the AMLC all covered transactions and suspicious
transactions within five (5) working days from occurrence thereof, unless the supervising
authority concerned prescribes a longer period not exceeding ten (10) working days.

Should a transaction be determined to be both a covered and a suspicious transaction, the

covered institution shall report the same as a suspicious transaction.

Lesson 15 Title: Forms and Essential Characteristics of a Terrorist Act and Definition of terms
under RA 11479

In this lesson, we will try to discuss the general perspective of terrorism. Take note that an organized
criminal group does not literally follow that they are also a terrorist group. Although at some point
terrorist does organized crime activities to fund their undertakings such as assassination,
kidnapping, ambush, bombing and others. The main difference between a real organized criminal
group and that of terrorist a group is their motivation. Organized criminal group focus more on
attaining power influence and most of all, money. Terrorist group are more inclined with their political
agenda and/or to overthrow the existing government and to instil fear and panic among its people.

Terrorism is the unlawful use of force or violence against persons or property to intimidate or coerce
a government, the civilian population, or any segment thereof, in furtherance of political or social
objectives?

The term Terrorism came from the FRENCH WORD “Terrorisme” and LATIN WORD “Terror” which
means “Great fear or dread”. This is related to the Latin verb “terrere”, which means “to frighten”.

Definition of terms under RA 11479

Critical infrastructure shall refer to an asset or system, whether physical or virtual, so essential to
the maintenance of vital societal functions or the delivery of essential public services that the
incapacity or destruction of such system and assets would have a debilitating impact on the national
defense and security, national economy, public health or safety, the administration of justice and
another analogous functions.
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Designate person shall refer to any individual, group of persons, organizations, or association
designated and/or identified by the United Nations Security Council, or another jurisdiction, or
supranational jurisdiction as a terrorist, one who finances terrorism, or a terrorist organization or
group.

Extraordinary rendition shall refer to the transfer of a person, suspected of being a terrorist or
supporter of a terrorist organization, association or group of persons to a foreign nation for
imprisonment and interrogation on behalf of the transferring nation. It may be done without framing
any formal charges, trials or approval of the court.

International Organization shall refer to an organization established by a treaty or other instrument

governed by international law and possessing its own international legal personality

Material support shall refer to any property, tangible or intangible, or service, including currency or
monetary instruments or financial securities, financial services, lodging, training, expert advice or
assistance, safehouse, false documentation or identification, communications equipment, facilities,
weapons, lethal substances, explosives, personnel (one or more individuals who may be or include
oneself), and transportation.

Recruit shall refer to the any act to encourage other people to join a terrorist individual or
organization, association or group of persons proscribed or designated by the United Nations
Security Council as a terrorist organization, or organized for the purpose of engaging in terrorism.

Surveillance Activities shall refer to the act of tracking down, following, or investigation individuals
or organizations, or the tapping, listening, intercepting and recording of messages, conversations,
discussions, spoken or written words, including computer and network surveillance, and other
communications of individuals engaged in terrorism as defined.

Supranational jurisdiction shall refer to an international or union in which the power and influence of
members states transcend national boundaries or interest to share in decision – making and vote
on issues concerning the collective body.

Training shall refer to the giving of instruction or teaching designated to impart a specific skill in
relation to terrorism as defined hereunder.

Terrorist individual shall refer to any natural person who commits any of the acts defined and
penalized under section 4, 5, 6, 7, 8, 9, 10, 11 and 12 of RA 10479

Terrorist organization, Association or Group of Persons shall refer to any entity organized for the
purpose of engaging in terrorism, or those proscribed hereof or the United Nations Security
Council designated terrorist organization.

Weapons of Mass Destruction shall refer to the chemical, biological, radiological, nuclear weapons
which are capable of high order of destruction or causing mass casualties.

Forms of Terrorist Tactics/Methods of Attack:

a. Bombing e.
Assassination
b. Arson f. Kidnapping
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c. Hijacking g. Hostage-
d. Ambush taking

Essential Characteristics of a Terrorist Act

a. The act is unlawful;

b. Involves use of collective violence or those directed at many potential victims at one time;
c. Targets humans, properties or environment;
d. Designed to coerce the government or target entities either to stop doing something to
which the terrorist is opposed or to pressure it to do something which the terrorist demands
to be done.
e. Political, ethnic/religious, or ideological objectives.
f. Usually with a warning prior to or after the commission of the terrorist attack.
Presence or combination of all of the foregoing elements/characteristics indicates the commission
of a major terrorist attack.

Lesson 16 Title: Legal Acts Constituting the Crime of Terrorism

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Lesson 17 Title: Ponzi Scheme

History of Ponzi scheme

Who Was Charles Ponzi?

Ponzi started out working odd jobs, including as a dishwasher in a restaurant. In 1907, he moved
to Montreal, where he found a job as a teller at Bank Zarossi. The bank was formed to cater to the
new Italian immigrant population, charging high interest rates.

When Bank Zarossi went bankrupt because of bad loans, Ponzi was left penniless. He was
sentenced to three years in a Quebec prison after he was caught forging a bad check. Rather than
tell his mother in Italy that he was in prison, he wrote to her in a letter that he was working at a
Canadian prison. When he was released from jail, Ponzi got involved in yet another criminal venture,
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smuggling Italian immigrants across the border into the United States. This too landed him in jail—
he spent two years behind bars in Atlanta.

Ponzi returned to Boston, where he married stenographer Rose Gnecco in 1918. He worked various
jobs, including at his father-in-law's grocery store, but none of those positions lasted long. It was
during this time that Ponzi got the idea for the great scheme that would earn his name a place in
history. He received a letter in the mail from a company in Spain that contained in it an International
Reply Coupon (a coupon that can be exchanged for a number of priority airmail postage stamps
from another country). Ponzi realized that he could turn a profit by buying IRCs in one country, and
exchanging them for more expensive stamps in another country.

Ponzi's racket worked like this: He would send money to agents working for him in other countries,
who would buy IRCs (International reply coupon - The purpose of the IRC is to allow a person to
send someone in another country a letter, along with the cost of postage for a reply) and send them
back to the United States. Ponzi would then exchange the IRC for stamps worth more than he paid
for them, and sell the stamps. Ponzi reportedly made more than 400 percent on some of these
sales.

Not satisfied with running the profitable scheme on his own, Ponzi began to seek investors to turn
even higher profits. He promised investors outrageous returns of 50 percent in 45 days, or 100
percent in 90 days. Ponzi paid these investors using money from other investors, rather than with
actual profit—as in the criminal scheme of Bernie Madoff.
Ponzi's manipulation made him very rich—he bought a mansion in Lexington, Massachusetts,
with air conditioning and a heated swimming pool. He reportedly made $250,000 a day.
Downfall and Death

Ponzi's scheme began to unravel in August 1920, when The Boston Post began to investigate
his returns. The investigation set off a run on Ponzi's company, with investors trying to pull their
money out of it.
Charles Ponzi was arrested on August 12, 1920, and charged with 86 counts of mail fraud.
Owing an estimated $7 million, he pleaded guilty to mail fraud, and subsequently spent 14 years
in prison. Rose divorced him in 1937, and Ponzi died penniless in Rio de Janeiro, Brazil, on
January 18, 1949.

Characteristics of a Ponzi scheme

Typically, Ponzi schemes require an initial investment and

promise
above average returns. They use vague verbal guises to describe their income strategy. It is
common for the operator to take advantage of a lack of investor knowledge or competence, or
sometimes claim to use a proprietary, secret investment strategy to avoid giving information about
the scheme.

The basic premise of a Ponzi scheme is "to rob Peter to pay Paul", meaning “to take from someone
and give it to someone”. Initially, the operator pays high returns to attract investors and entice current
investors to invest more money. When other investors begin to participate, a cascade effect begins.
The schemer pays a "return" to initial investors from the investments of new participants, rather than
from genuine profits.

Often, high returns encourage investors to leave their money in the scheme, so that the operator
does not actually have to pay very much to investors. The operator simply sends statements
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showing how much they have earned, which maintains the deception that the scheme is an
investment with high returns. Investors within a Ponzi scheme may even face difficulties when trying
to get their money out of the investment.

Operators also try to minimize withdrawals by offering new plans to investors where money cannot
be withdrawn for a certain period of time in exchange for higher returns. The operator sees new
cash flows as investors cannot transfer money. If a few investors do wish to withdraw their money
in accordance with the terms allowed, their requests are usually promptly processed, which gives
the illusion to all other investors that the fund is solvent and financially sound.

Red Flags or the things to you need to remember that the investment might be a Ponzi
scheme

a) High investment returns with little or no risk.

b) Overly consistent returns.
c) Unregistered investments.
d) Unlicensed sellers.
e) Secretive or complex strategies.
f) Difficulty receiving payments.

Lesson 18 Title: Multi – Level Marketing versus Pyramid Scheme

What Is A Pyramid Scheme?

A pyramid scheme is a fraudulent system of making money based on recruiting an ever-increasing

number of "investors." The initial promoters recruit investors, who in turn recruit more investors,
and so on. The scheme is called a "pyramid" because at each level, the number of investors
increases. The small group of initial promotors at the top require a large base of later investors to
support the scheme by providing profits to the earlier investors.

Pyramid schemes may or may not involve the sale of products or distributorships. The trend is
to involve sales of products or distributorships in an attempt to show legitimacy. This is done
solely to sidestep the regulatory agencies, as most state laws prohibit marketing practices where
the potential for profit stems primarily from recruiting other investors and not from the sale of
products. The bottom line, however, is that in all pyramid schemes, the selling of a product itself
is much less important than the recruiting of new investors.

What Is Multi-Level Marketing?

Multi-level marketing is a method of selling products directly to consumers without intermediary

retail stores. Products are sold through a network of distributors or salespersons set up to resemble
a pyramid: each distributor recruits and trains additional distributors and will earn commissions on
their sales, as well as on the sales he or she makes. Because of their pyramidal structure, multi-
level marketing companies can sometimes be pyramid schemes.

What Are The Differences Between A Legitimate Multi-Level Marketing Company And A Pyramid
Scheme?

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A legitimate multi-level marketing company
emphasizes reliable products or services. A pyramid
scheme uses products or services to disguise its
quest for collecting money from the investors on the
bottom levels to pay other investors furt her up the
pyramid.

In a typical pyramid scheme, new investors must pay a fee for the right to sell the products or
services as well as for the right to recruit others into the pyramid for rewards unrelated to product
sales or services. Very often the products or services the victim bought are unsalable, and the
pyramid's promoters refuse to repurchase them. On the other hand, legitimate multi-level marketing
companies will buy back unsold merchandise, although often at a discount from the original price.

Success in multi-level marketing is based on two factors: product and service quality, and the
hard work involved in being able to sell the products or services. Recruitment of new investors is
secondary.

Why Do Pyramid Schemes Always Fail? And Why Do Legitimate Multi-Level Companies
Sometimes Survive?

Pyramid schemes are doomed to fail because their success depends on the ability to recruit more
and more investors. Since there are only a limited number of people in a given community, all
pyramid schemes will ultimately collapse. The only people who make money are those few who are
on the top of the pyramid.

Legitimate multi-level marketing companies, on the other hand, can be around for a long time.
Although the recruiting of additional investors is an essential part of the marketing practice, since
legitimate multi-level marketing companies involve solid products or services, participants in these
companies are not subject to huge losses.

Why Do People Invest In Pyramid Schemes?

If all pyramid schemes fail, why would anyone invest in them? There are three basic categories of
people who invest in pyramid schemes: those who participate out of greed; those who are misled
into thinking that they are joining an "investment club" or a "gift program"; and those who believe
that the products or services are legitimate.

The people who participate in pyramid schemes out of greed often know that they are illegal. They
nevertheless participate, hoping that the scams will last long enough for them to make a profit.
However, the end result of a pyramid scheme is inevitable. At best, a few people, usually the
promotors, walk away with a lot of money, leaving the bulk of the investors to lose all of the money
they put into the scheme. In fact, the only way anyone could make money from pyramid schemes,
is if other people are defrauded into giving money upon the promise that they in turn will be repaid
Pyramid promoters often target closely knit groups such as religious or social organizations, sports
teams, and college students to increase pressure to participate. They give some pyramid schemes
attractive names such as "investment clubs" or "gift programs." These clubs or programs are usually
presented to these investors with assurances that they are perfectly legal, approved by the
government. Some even expressly state that they are not a pyramid scheme.

Those investors who actually believe that the products or services which the promoters sold to them
are legitimate, inevitably realize that they have been scammed. It is only when these products and
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services are unsaleable, and the promoters refuse to repurchase them, that they finally become
aware that they have participated in an illegal pyramid scheme.

Lesson 19 Title: Questioning the Complainant

Purpose of Questioning

Supposed that there is an ongoing investigation and we need to gather relevant information from
the complainant itself, we need to consider various factors before proceeding with the interview.
This includes the fact that some complaints are not true and a blotter was only needed to cause fear
and panic to other parties. There are also cases in which the complainant did not divulge everything
during initial recording which might affect the investigation. Worst, the complainant sometimes is the
perpetrator itself and they do report and complain to the police to cover – up their crime.

Effective interviewing of complainants can dramatically increase the volume of information a

complainant provides and has the potential to increase the credibility of the evidence gathered.
One reason for taking complaints seriously is to assure fair assessment of the concerns of the
parties involved, no matter how small.

Considerations in questioning

Although the circumstances vary, it is a common occurrence that crimes are reported by a
perpetrator posing as the complainant. Crimes, such as break-andentry and motor vehicle thefts,
are quite often insurance frauds. Other crimes, including murder, have also had the offender make
the report as a witness to explain their presence at the crime scene and avoid being considered as
a suspect. Being aware of this possibility requires investigators to undertake a process of validating
the reported crime and assessing the information being reported by witnesses or victims as a routine
part of their investigation. To do this, an investigator should be attentive to questioning the report
and the evidence presented to assess:

a) Did the crime happen at the time being reported? It is often difficult for a person fabricating a
report to provide the true timing of the events without implicating themselves as present at
the time of the crime.
Asking questions that demand timelines accounting for witness activities during the crime
time can sometimes detect deception.
b) Did the crime happen at the place being reported? Persons fabricating a report will sometimes
change the location of the reported crime to avoid detection of the true crime scene where
incriminating physical evidence may still be present. Carefully assessing the report in
comparison to evidence present or not present can sometimes indicate this deception.
c) Did the crime happen in the manner being reported? False accounts of crime will often
exaggerate or over report details of the event. The report will contain some level of fabrication
that explains their own connection to the events. Assessing each witness version of the event
for consistency or inconsistency with physical evidence and other witness versions can reveal
deception.
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Even with careful attention to these questions, it may not be immediately possible to confirm the
validity of the crime being reported, and the investigation must proceed to take the report as true
until other evidence emerges to prove otherwise.

The advantage of investigating this kind of falsely reported crime is that the suspect is presenting
themselves as a complainant. As such, all of their statements may be taken and will be admissible
against them later, without voir dire, if deception in their statement becomes provable. Until some
distinct piece of incriminating evidence emerges, the investigator is under no obligation to caution
or warn the witness. Each new statement can afford opportunities to investigate further in search of
evidence of the lie that will prove deception.

Pre-interview Preparation

1. Mental checklist
a. Be mentally prepared
b. Know the type of person to be interviewed — the complainant
c. Select proper time and place
d. Develop list of questions which must be answered
(1) Main questions directed toward establishing facts of the incident
(2) Other questions to establish rapport
(3) Keep in mind questions defense attorney might ask

2. Decide whether to take notes during interviewing (tape record, written,

video) a. Advantages
(1) Definitive guide for recall and reports
(2) Helps prevent misinterpretation of statements
(3) Orders responses
(4) Provides checklist upon review
(5) Can be used in court

b. Disadvantages
(1) May cause subject to refrain from talking freely (2) Time consuming
(3) May cause interviewer to "lose track" of the
interview

Conducting the Interview

1. Allow person being interviewed to tell own story in own words

2. Control the interview
3. Determine if there is a violation of law
4. Have patience with those being interviewed
a. Some people have difficulty expressing themselves
b. Mentally retarded or mentally ill
c. Alcoholics or drunks

Before ending the interview, take a few minutes to review the interviewee’s responses and seek
clarification of any points that remain unclear or ambiguous. If you have been keeping a written
record of the interview, ask the complainant to sign the document so as to confirm the accuracy of
your notes. If you intend to have your notes typed up, or if the interview has been recorded in some

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other fashion, inform the complainant that he or she will be asked to verify the accuracy of the
information when provided with the appropriate documentation.

Sample Questions you need to ask the Complainant:

a) What happened?
b) What was the date, time and duration of the incident or behavior?
c) How many times did this happen?
d) Where did it happen?
e) How did it happen?
f) Did anyone else see it happen? Who? What did they say? What did they do?
g) Was there physical contact? Describe it. Demonstrate it.
h) What did you do in response to the incident or behavior?
i) What did you say in response to the incident or behavior?
j) Where are you connected right now? How many years?
k) How did the subject of the allegation react to your response?
l) Did you report this to anyone? To whom? When? What they say and/or do?
m) Did you tell anyone about the incident or behavior? Who? What did they say and/or do?
n) Do you know whether the subject of the allegation has been involved in any other incidents?
o) Do you know why the incident or behavior occurred?
p) Do you know anyone else who can shed light on this incident?
q) Is there anything else you want to tell me that I haven’t asked you?

Lesson 20 Title: Questioning Witnesses

Read some facts this time about witnesses and/or witnesses and how should we handle them.

After questioning the person who filed the complaint, the next step is to interview any witnesses to
the incident being reported. Witnesses can help to corroborate or refute the complainant account of
what happened and shed light on some of the details that the complainant may not have been able
or willing to furnish.

The most compelling witnesses are, of course, those who actually witnessed the incident. But
witnesses can also be those to whom the complainant relayed the incident after the fact or those
who heard about the incident from others who witnessed it. Whatever it may be, take note to avoid
hearsay. Take note that hearsay are statements derived from a statement of an individual without
his or her own knowledge. Meaning, either it was only heard or relayed.

Considerations in interviewing witness.

An eyewitness is a person who directly saw the criminal event take place, while a corroborative
witness is a person who can only provide circumstantial or indirect evidence of the events
surrounding the crime. For example, consider two scenarios where a young cashier is shot to death
during the robbery of a convenience store. In the first scenario, one witness is found at the scene of
the crime when the police arrive. This witness was a customer inside the convenience store. She
saw the robber walk up to the counter, raise his handgun, and shoot the cashier. This witness can
identify the suspect. In the second scenario, the witness is a customer who was walking up to the
front of the store when he heard what sounded like a gunshot. He then saw a man running out the

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front of the store with a handgun in his hand. Upon entering the store, he saw the cashier had been
shot. He can identify the suspect.

In the described scenarios, both witnesses can provide valuable testimony. If the man in the first
scenario told his friends as to what happened and then if these groups of friends provide an input
to the police, then their statements are no longer that credible since it’s already a hearsay or simply
statements derived from what they hear and did not personally witness the crime. It may however
be taken as part of investigative leads.

Take note also that there are situations wherein witnesses perceived things differently or witnesses
who conceal something. This is where investigators should be conscious in dealing and interviewing
the witness or witnesses.
Sample Questions to ask the witness or witnesses:

a) What did you witness?

b) What was the date, time and duration of the incident or behavior you
witnessed? c) Where did it happen?
d) Who was involved?
e) Please describe any inappropriate or offensive behavior that you have experienced or
witnessed.
What did you see or hear? When did this occur? How often did it occur?
f) What did each person do and say?
g) Did anyone else see it happen? Who?
h) Are you aware of behavior by the accused toward the complainant or toward others?
i) What did the complainant tell you? When did he or she tell you this?
j) Do you know if the complainant tell this concern to anyone?
k) What did you do after witnessing the incident or behavior?
l) Upon knowledge of the incident(s), did you report it to anyone?
m) Did you say anything to the parties involved in response to what you witnessed?
n) How did the complainant and the subject of the allegation react to your response?
o) Did you report this to anyone? To whom? When? What they say and/or do?
p) Did you tell anyone about the incident or behavior? Who?
q) Do you know why the incident or behavior occurred?
r) Do you know anyone else who can shed light on this incident?
s) Do you have any notes, physical evidence or other documentation regarding the
incident(s)?
t) Do you know of any other relevant information?
u) Are there other persons who have relevant information?
v) Is there anything else you want to tell me that I haven’t asked you?

Lesson 21 Title: Questioning the Accused

Questioning the accused person is often the most sensitive of all the interviews you will conduct.
You’ve heard the accounts of everyone else involved in the incident, and it’s difficult to avoid forming
an opinion before getting to this crucial interview. But it’s important that you keep an open mind to
avoid making assumptions based on what you’ve already heard.

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Interrogation generally takes place in the formal environment of an interview room and is often
tape recorded or video-recorded to preserve the details of what was said. A video recording is
the preferred means because it accurately represents the environment of the interview room in
which the interrogation was conducted. In challenging the processes of an interrogation where a
statement has been made by an accused, defence counsel will look for anything that can be
pointed to as an oppressive environment or threatening conduct by the investigator. Within the
appropriate bounds of maintaining an environment of safety and security, the investigator should
make every effort to demonstrate sensitivity to these issues.

Seating in the room should be comfortable and balanced for face to face contact. The investigator
should not stand over the suspect or walk around the room behind the suspect while conducting the
interview. More than one investigator in the room with the suspect can be construed as being
oppressive and should be avoided. The suspect should be offered a beverage or food if appropriate
and should be told that a bathroom is available for their needs upon request. The demeanour of the
investigator may vary depending on the subject. Setting a non-aggressive tone and establishing an
open rapport with the suspect is not only beneficial to demonstrate a positive environment to the
court, it also helps to create a positive relationship of openness and even trust with the suspect. This
type of relationship can be far more conducive to gaining cooperation towards a statement or even
a confession.

Prior to beginning the actual interrogation, the investigator should prepare an interrogation plan by:

a) Reviewing the suspect’s profile, criminal record, and past investigations

b) Reviewing the full details of the existing investigation to date
c) Determining the elements of the offence that will need to be proved
d) Determining if sufficient evidence has already been obtained to submit a prima facia case to
Crown
e) Examining evidence that demonstrates motive, opportunity, and means
f) Determining what evidence was located and considered in forming reasonable grounds to
arrest the suspect
g) What physical evidence has been found that may yet be analyzed to prove the suspect’s
involvement

Sample Questions to Ask the Subject of the Complaint:

a) What happened?
b) Is there any reason anyone would invent or lie about the incident?
c) Where were you when the alleged incident occurred?
d) Do you have any witnesses who can corroborate your whereabouts at the time of the
incident?
e) When and where did this happen?
f) What were the circumstances leading up to the incident?
g) Who else was involved?
h) What is your connection to the complainant?
i) Are you aware of any other complaints by this person?
j) Recount the dialogue that occurred in order of what was said.
k) What did the complainant do or say?
l) Is there any evidence to support your account of what happened?
m) Is there anyone else we should talk to who had knowledge of the incident or the
circumstances surrounding it?

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n) Have you talked to anyone about the incident? Who? What did you tell them?

Since this is an interrogation, investigator might want to elevate the kind of questions such as:

a. Your bank account is so full of new deposits, you might want to explain where this money
came from….. b. You shot him at the back……
c. You tried to pull her……
d. Maybe you have an explanation why the money was stolen despite of the fact that the only
person who have access to the volt is you……..

Lesson 22 Title: Conducting Interview/Interrogation

For the guidelines in completing this subject (course), please take note of the following:

a) Student should be able to record on his own a maximum of five minute video
presentation conducting either interview or interrogation which will be submitted before
the third periodical exam or upon my instruction;
b) Prior to the conduct of either interview or interrogation, student must fill the necessary
details first on the student activity sheet as his/her guide and for scoring/checking
purposes;
c) Student must act as the interviewer;
d) Student should pick an interviewee – either a complainant, a witness, or an accused
person (no need to have your classmate as this is a role play. Just act accordingly);;
e) Student should pick any of the following crimes:
ii. Human trafficking
iii. Terrorism
iv. Ponzi scam
v. Pyramid scam vs Illegal possession of firearms Crime:
_______________________ Subject/Interviewee:
___________________

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