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- Philippine National Police Criminal Investigation Manual
- The Early Years
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- National Bureau of Investigation (Philippines)
The kind of affidavit necessary to support asummary judgment is that affidavit from which it may be clearly drawn that certain facts xxi PNP Criminal Investigation Manual pleaded by either party are certain, undisputed and indubitable which dispense with thehearing or trial of the case. AGENT — A person who binds himself to render some service or to do somethingin representation or on behalf of another, with the consent or authority of the latter. Anyperson who comes to the aid of persons in authority.
A proposal remains an offer even if not answered andirrespective of the length of time that has passed.
It only becomes an agreement whenaccepted by the other party. The only exception is where there is a duty on the part ofthe other party to answer, and hence silence is implied assent. AIRCRAFT ACCIDENT — It refers to an occurrence associated with theoperation of an aircraft which takes place between the times any person boards theaircraft with the intention of flight until such time as all such persons have disembarked,in which: 1 Any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft of anything attached thereto; or 2 The aircraft receives substantial damage.
ALIBI — To establish alibi, a defendant must not only show that he was present atsome other place at about the time of the alleged crime, but also that he was at suchother place for so long a time that it was impossible for him to have been at the placewhere the crime was committed, either before, during, or after the time he was at suchother place. Itleaves the truth of the averment an open question. Action is not arbitrary whenexercised honestly and upon due consideration where there is room for two opinions,however much it may be believed that an erroneous conclusion was reached.
And it ends only when such person isabsolutely freed from any restraint on his person. ARREST — It is the taking of a person into custody in order that he may be boundto answer for the commission of an offense.
It is also defined as the criminal burning of property. It does not refer to the crime ofdirect assault in Art. ATTEMPT — Intent is a quality of the mind and implies a purpose only, whileattempt implies an effort to carry that purpose into execution. BAND — A group of more than three armed malefactors who act together in thecommission of an offense.
From Wikipedia, the free encyclopedia
Thatevidence which, under every possible circumstance, affords the greatest certainty of thefact in question and in itself, does not indicate the existence of other and better proof. Although he may behonest, he cannot, while human nature remains uncharged, overcome the tendency todistort, magnify or even minimize as his interest persuades, the incidents which herelates. BIGAMY — A crime committed by a person who contracts a second orsubsequent marriage before the former marriage has been legally dissolved, or beforethe absent spouse has been declared presumptively dead by means of a judgmentrendered in the proper proceedings.
BOMBING - Any incident which uses a device constructed with criminal intentand using high explosives, low explosives, or blasting agents explodes.
Philippine National Police Criminal Investigation Manual
This term alsorefers to incidents where premature detonation occurs during preparation,transportation, or placement of a constructed device. BOMB THREAT — An information or warning, written or oral, claiming knowledgethat a dangerous device, such as a bomb or similar type of explosives, has been or willbe placed in a building, aircraft, sea craft or other facilities with the intent to harm peopleand destroy properties.
To be admissible as evidence, it must be kept as anaccount book and the charges made in the usual course of business. In the former, the transaction is mutual and voluntary. In the latter case, the xxiv PNP Criminal Investigation Manual transaction is neither mutual nor voluntary but is consummated by the use of force orintimidation. The burden of proof alwayslies on the party who takes the affirmative in pleading.
In criminal cases, as every manis presumed to be innocent until the contrary is proved, the burden of proof rests on theprosecutor, unless a different provision is expressly made by statute.
The Early Years
The tag shall bemade using suitable materials which can be used of in all types of weather. Several caseoperations may fall under one intelligence project. Refers to a preparatory plan on how to carry out a case operation which is thelast resort to pursue intelligence objectives when normal police operations fail. CHILD — Shall refer to a person below eighteen 18 years of age or one oversaid age and who, upon evaluation of a qualified physician, psychologist or psychiatrist,is found to be incapable of taking care of himself fully because of a physical or mentaldisability or condition or of protecting himself from abuse.
CLERK OF COURT — An officer of a court of justice who has charge of theclerical part of its business, who keeps its record and seal, issues process, entersjudgment and orders, gives certified copies from the records and the like. While theclerk of court belongs to the judicial as distinguished from the executive or legislativebranch of government, his office is essentially a ministerial one. In its restricted andmore usual sense, contempt comprehends a despising of the authority, justice or dignityof a court.
CONTEMPT OF COURT — Contempt of court in general must be some act orconduct which tends to interfere with the business of the court, by a refusal to obeysome lawful order of the court, or some act of disrespect to the dignity of the court whichin some way tends to interfere with or hamper the orderly proceedings of the court andthus to lessen the general efficiency of the same. In re: Jones, 9 Phil. For example: the crimes of estafaor malversation, and of abduction.
In such a case the court of either province whereany of the essential ingredients of the offense took place has jurisdiction to try the case. It is usually acentralized morgue, manned by Disaster Identification Teams DITs composed ofexperts in forensic identifications e.
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DNAs, dental, medical and fingerprintidentification. COPYRIGHT- An exclusive right granted or conferred by the government on thecreator of a work to exclude others from reproducing it, adapting it, distributing it to thepublic, performing it in public, or displaying it in public. Copyright does not protect anabstract idea; it protects only the concrete form of expression in a work.
To be valid, acopyrighted work must have originality and possess a modicum of creativity. It is used to refer to theunderlying principle that, without evidence of a crime having been committed, it wouldbe unjust to convict someone.
The elements of the crimeof corruption of a public official by means of bribery are; 1 the person receiving thebribe is a public officer, as defined in Art. Often, counterfeit goods are made to imitate a popular product in all details ofconstruction and appearance, so as to deceive customers into thinking that they ar epurchasing the genuine merchandise. A well-trained, disciplined and experienced professional in the field of criminal investigationduties and responsibilities.
Punishment, in this sense, refers strictly to the penalty imposed. Disciplineadministered by a parent or legal guardian to a child does not constitute physical orpsychological injury as defined herein. Itincludes invitation to a person who is being investigated in connection with an offense.
To determine that diligence, we must use as a basisthe abstract average standard corresponding to a normal orderly person. Anyone whouses diligence below this standard is guilty of negligence. PNP Criminal Investigation Manual technological hazards including nuclear and radiation accidents, or sociological hazardslike riots, terrorism or war.
The populations living there often experience a loss ofenergy supply, food, services, and an increasing risk of disease. Declarations ofdisaster areas open up the affected areas for national and or international aid. DOUBLE JEOPARDY — The rule of double jeopardy means that when a personis charged with an offense and the case is terminated either by acquittal or conviction orin any other manner without the consent of the accused, the latter cannot again becharged with the same or identical offense. This principle is founded upon the law ofreason, justice and conscience.
It foundexpression in the Spanish law and in the Constitution of the United States, and is nowembodied in our own Constitution as one of the fundamental rights of the citizens. These include but are notlimited to documentary, testimonial, electronic and object evidence, gathered in thecourse of the investigation. The hiring, employment, xxxii PNP Criminal Investigation Manual persuasion, inducement, or coercion of a child to perform in obscene exhibitions andindecent shows, whether live or in video or film or to pose or act as a model in obscenepublications or pornographic materials, or to sell or distribute said materials.
National Bureau of Investigation (Philippines)
The term includes, but is notlimited to, high explosives, black powder, pellet powder, initiating explosives,detonators, safety fuses, squibs, detonating cord, igniter cord and igniter. FENCING —Is the act of any person who, with intent to gain for himself or foranother, shall buy, receive, posses, keep, acquire, conceal, sell or dispose of, or shallbuy and sell, or in any other manner deal in any article, item, object or anything of valuewhich he knows, or should be known to him, to have been derived from the proceeds ofthe crime of robbery or theft.
It is anact of malpractice that is proscribed and condemned as trifling with the courts andabusing their processes. It is improper conduct that tends to degrade the administrationof justice. FUEL LOAD - The total quantity of combustible contents of the building, spaces,or fire area, including interior finish and trim, expressed in heat units or the equivalentweight in wood. Something which once has had life andpower, but which has become of no virtue whatsoever. Both differ in that graveabuse of discretion means capricious and arbitrary exercise of judgment while error ofjudgment means the mistakes actually committed in adjudication.
HIJACKING — A term which immediately conjures the images of a group ofheavily armed and determined men and women holding up an airplane, ship, bus, van,or other vehicle in order to achieve their nefarious objectives. HIGHWAY ROBBERY —The seizure of any person for ransom, extortion or otherunlawful purposes, or the taking away of the property of another by means of violenceagainst or intimidation of person or force upon thing or other unlawful means, committedby any person on any Philippine Highway.
Under Art RPC xxxiv Infringement of a utility patent involves the making, using, selling, offering tosell, or importing of a patented product or process without permission. Infringement of adesign patent involves fabrication of a design that, to the ordinary person, issubstantially the same as an existing design, where the resemblance is intended toinduce an individual to purchase one thing supposing it to be another.
Infringement of atrademark consists of the unauthorized use or imitation of a mark that is the property ofanother in order to deceive, confuse, or mislead others. Infringement of a copyrightinvolves reproducing, adapting, distributing, performing in public, or displaying in publicthe copyrighted work of someone else.