Bataan Heroes College

Bataan Heroes
College
Balanga City, Bataan

Specialized Crime Investigation

1 with Legal Medicine

KAMILLE S. BALUYOT
Criminology Department

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Scene of Crime Operation & National Bureau of Investigation
Kamille S. Baluyot
Bataan Heroes College

This module or any portion thereof may not be reproduced, copied, transmitted or distributed in any manner
whatsoever without the express written permission of the College or the Author.

For Permission: Contact Bataan Heroes College, Roman Super Hi-way, Balanga City, Bataan, Philippines
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Scene of Crime Operation & National Bureau of Investigation
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Bataan Heroes College

Module 2: Scene of Crime Operation & National Bureau of

Investigation

Module Description

This module presents an overview on the Scene of Crime Operation as to their mission,
general objectives, functions and the cases to be investigation. It also includes, the composition of
a SOCO team with their respective responsibility and functions in processing the crime scene.
Further, this module comprehensively discusses another bureau that investigates the crime in the
country which is the National Bureau of Investigation as stated in the RA10867.

Objectives:
After studying this module, you should be able to:

1. Explain the mission, general objectives and functions of Scene of the Crime Operation
(SOCO);
2. Identify the composition of a SOCO team together with their functions and
responsibility; and
3. Discuss the concept of National Bureau of Investigations together with their powers
and functions.

Subheadings

2.1 Overview on Scene of Crime Operation

• Cases to be investigated for SOCO
• Mission
• General Objectives
• Functions

2.2 Composition of SOCO Team with their functions

2.3 National Bureau of Investigations an Overview

• General Functions of NBI

2.4 RA 10867 “National Bureau of Investigation Reorganization and Modernization Act”
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2.1 Overview on Scene of Crime Operation

▪ It is a forensic procedure performed by trained personnel of the PNP Crime Laboratory
through scientific methods of investigation for the purpose of preserving the crime scene,
gathering information, documentation, collection, and examination of all physical
evidence.
▪ Increased awareness and increasing need of establishing facts through scientific means in
the Philippines paved way for the establishment of a SOCO unit in 1995 under the PNP
Crime Laboratory
▪ A SOCO team was appropriately organized to met the core mission of the Crime
Laboratory which is National Operating Unit of the PNP. The function of which is to help
or assist government investigating units and agencies in the conduct of inquiries
perfunctory to the interest of the state and its constituents by collecting, handling and
examining pieces of physical evidence which are anchored in the mission of providing
technical support services on the same capacity.
▪ The concept of a SOCO team may have borne out of the need for a swift and thorough
investigating using the physical evidence to support a hypothesis, theory or supposition
from the investigation’s viewpoint.

Cases to be investigated for SOCO

Not all crime incidents are for Scene of Crime Operation. The necessity of the technical
expertise applies only to heinous crimes where careful scrutiny is necessary more so when the
investigator is faced with a blank wall. The field investigators through the statement of witnesses
and related collected pieces of physical evidence can handle light offenses. This now shows the
importance of SOCO, why it is involved only on heinous crimes. These crimes are:

a. Murder
b. Homicide
c. Robbery with force upon things
d. Rape with Homicide
e. Arson
f. Other heinous and/or sensational cases as required and directed by higher Headquarters.

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Scene of Crime Operation & National Bureau of Investigation
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Bataan Heroes College

Mission
▪ The SOCO shall provide forensic expertise to criminal investigation by preserving,
securing, and if need be, by scientifically reconstructing the crime scene for the collection,
documentation, and forensic examination of all collected physical evidence with the end
in view of establishing fact/s relative to a criminal incident.

General Objectives
1. To conduct forensic investigations through the methodical means of collection,
examination, preservation, and presentation of all evidence for the final disposition of
criminal cases.
2. To enable the police investigating/line units to expeditiously identify and arrest the
criminal perpetrators through the collected and examined physical evidence. 3. To establish
the facts before the competent courts based on collected and examined physical evidence.
4. To strictly adhere to the protocols governing forensic science.
5. To progressively acquire new technology and human skills to ensure that the operational
capabilities shall be consistent with the continuous and evolving threats to public safety.

Functions
1. It shall determine and delineate the crime scene.
2. It shall preserve and ensure the protection of the crime scene.
3. It shall conduct methodical search for all available evidence in the crime scene.
4. It shall methodically document the crime scene.
5. It shall methodically collect and transport all available physical evidence from the crime
scene to the PNP Crime Laboratory for purposes of appropriate forensic examinations. 6. As
required, it shall present before any competent court and/or any legally mandated agency its
forensic findings and the expert testimonies of the SOCO elements.

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2.2 Composition of SOCO Team with their

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

1. Team Leader
2. Assistant Team Leader
3. Photographer and Photographic Log Recorder
4. Sketcher, Measurer
5. Evidence Recorder/Custodian
6. Evidence Recovery Personnel
7. Driver/Security

Personnel Functions and Responsibility

1. Team Leader
a. Assume control of the crime scene. Ensure the safety of personnel as well as the victims
and offenders caught in the scene and secure the crime scene from kibitzers. b. Conduct
initial survey of the crime scene for evaluating potential evidence and narrative
description of the place.
c. Determine search patterns to be used and designate assignments to evidence gatherers.
d. Designate command post location in or near the crime scene and insure exchange of
information between searcher and investigators.
e. Coordinate with other law enforcement agencies for the security of the victims,
offenders/suspects and the scene of the crime.
f. Ensure that sufficient supplied and equipment are made available for personnel
involved in SOC.
g. Control access to the scene and designate personnel to log person entering the place
and removed kibitzers in the area.
h. Continuously reevaluate efficiency of the search and ensure that all places are searched
properly.
i. Release the crime scene to the investigators handling the case.

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2. Assistant Team Leader

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

3. Photographer and Photographic Log Recorder

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

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

5. Evidence Recorder/ Custodian

a. Prepare evidence recovery log and accomplish chain of custody of evidence. b. Conduct
packaging, preservation, and transportation of gathered evidence to the crime laboratory.

6. Evidence Recovery Personnel

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

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Bataan Heroes College
2.3 National Bureau of Investigations an Overview
▪ The National Bureau of Investigation (NBI) saw its inception on November 13, 1936 upon
approval of Commonwealth Act No. 181 by the legislature.
▪ Tasked with organizing a Division of Investigation or DI patterned after the United States
Federal Bureau of Investigation were Thomas Dugan, a veteran American police captain
from the New York Police Department and Flaviano C. Guerrero, the only Filipino
member of the United States Federal Bureau of Investigation.
▪ On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau of
Investigation. Later, it was amended by Executive Order No. 94 issued on October 4,
1947 renaming it to what it is presently known, the National Bureau of Investigation
(NBI).
▪ The NBI is a government entity that is civilian in character, and national in scope which is
under the Department of Justice.

General Functions of NBI

1. Investigate crimes and other offenses against the laws of the Philippines, both on its own
initiative and as public interest may require.
2. Assist, when officially requested in the investigation or detection of crimes and other offenses.
3. Act as national clearing house of criminal records and other information for use of all
prosecuting and law enforcement entities in the Philippines, of identification records of
identifying marks, characteristics and ownership or possession of all firearms and test
bullets fired therefrom.
4. Give technical help to all prosecuting and law enforcement offices, agencies of the
government, and courts which may ask for its services.
5. Extend its services in the investigation of cases of administrative or civil in nature in which
the government is interested.
6. Establish and maintain an up-to-date scientific crime laboratory and conduct researches in
furtherance of scientific knowledge in criminal investigation.

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7. Coordinate with other national or local agencies in the maintenance of peace and order. 8.
Undertake the instruction and training of a representative number of city and municipal peace
officers at the request of their respective superiors along effective methods of crime investigation
and detection in order to insure greater efficiency in the discharge of their duties.

2.4 RA 10867 “National Bureau of Investigation Reorganization and

Modernization Act”

SECTION 1. Short Title.— This Act shall be known as the “National Bureau of Investigation
Reorganization and Modernization Act”.

SECTION 2. Declaration of Policy.— It is the policy of the State to promote and maintain an
effective, modern, gender-responsive, competent and highly trained investigative body,
functionally integrated and national in scope.

Toward this end, the State shall formulate plans and programs to enhance and modernize the
National Bureau of Investigation (NBI), with expanded structure, capability and manpower,
responsive to the demands of the times.

SECTION 3. Reorganization, Modernization, and Expansion.— The NBI is hereby reorganized

and modernized to adequately meet the increasing demands of an expanded investigative and
detective work.

It shall implement a modernization program geared towards the acquisition of state-of-the-art

investigative and intelligence equipment and the establishment of forensic and scientific
laboratories. The program shall include provisions for the training of its personnel in this regard.

The present organizational structure of the NBI shall be reorganized into the Office of the
Director, Office of the Deputy Director for Administration, Office of the Deputy Director for
Operations, Offices of the Assistant Directors for Investigation Service, Intelligence Service,
Comptroller Service, Human Resource and Management Service, Forensic and Scientific
Research Service, Legal Service, and Information and Communications Technology Service.
Each service shall be composed of the necessary divisions and sections.

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The NBI shall establish a Regional Office in every region to be headed by a Regional Director
and District Offices in every province to be headed by a Head Agent. Field Offices may also be
 established and maintained by the Director as the need arises.

The NBI personnel complement shall be increased and their positions upgraded, as follows:

Old Position From Salary Grade New Position

To Salary Grade

Director VI SG 30 Director SG 30 Director V (Assistant Director) SG 29 Deputy Director SG29

Director III (Deputy Director) SG 27 Assistant Director SG 28 Director II (Regional Director) SG 26

Regional Director SG 27 Director I (Assistant Regional Director) SG 25 Assistant Regional Director

SG 26 Investigation Agent VI (Head Agent) SG 25 Head Agent SG 25

Investigation Agent V (Supervising Agent) SG 24 Supervising Agent SG 24

Investigation Agent IV (Senior Agent) SG 23 Senior Agent SG 23

Investigation Agent III SG22 Investigation Agent III Investigation Agent I SG 18
(Agent)

Special Investigator V SG 24
Investigation Agent II SG 20 SG 22

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Old Position From Salary Grade New Position

To Salary Grade
Special Investigator IV SG 22

Special Investigator III SG 18

The number of administrative support personnel shall also be increased to effectively carry out
their functions.

The NBI personnel occupying the positions affected by the changes embodied in this Act at the
time of its approval shall thereafter occupy and discharge the duties and functions of their new
positions and receive the corresponding salary and benefits without the necessity of new
appointment.

SECTION 4. Powers and Functions.— The NBI shall have the following powers and functions:

(a) Undertake investigation and detection of crimes and offenses enumerated under Section 5
hereof;

(b) Issue subpoena for the appearance of any person for investigation or production of
documents, through its officers from the ranks of Regional Director to Director;

(c) Act as a national clearing house of criminal records and other related information for the
benefit of the government;

(d) Render technical assistance to government agencies and instrumentalities, when so requested;

(e) Extend assistance in cases involving extradition and mutual legal assistance, when requested
by the Department of Justice;

(f) Establish an NBI Academy which shall be responsible for the recruitment, training, and
development of all NBI agents and personnel, among others;

(g) Establish and maintain a Forensic and Scientific Research Center which shall serve as the
primary center for forensic and scientific research in furtherance of scientific knowledge in

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criminal investigation, detection, evidence collection and preservation, and provide the necessary
training therefor;

(h) Establish and maintain a Cyber Investigation and Assessment Center which shall serve as the
nerve center for computer information technologies, data on cybercrime cases, computer
intrusion, threats, and other related crimes or activities;

(i) Establish and maintain an integrated, comprehensive, and state-of-the-art network of

equipment and facilities to be used by the NBI in its criminal investigation, detection, and
evidence gathering, and to provide the corresponding training in this regard;

(j) Request the assistance of the Philippine National Police (PNP), Armed Forces of the
Philippines, or any other agency of the government, including government-owned and/or -
controlled corporations, in its anti-crime drive. Such assistance may include the use of the
agency’s personnel and facilities upon prior approval by the head of the agency concerned;

(k) Conduct intelligence operations in furtherance of the foregoing powers and functions;

(l) Enter into any contract or transaction for the acquisition, ownership, possession,
administration, lease, disposition or acceptance of real or personal property in its name, subject
to the approval of the Secretary of Justice;

(m) Establish a modern NBI Clearance and Identification Center containing all derogatory and
criminal records and civilian identification records, including their identifying marks and
characteristics and fingerprint database, as well as dental records pursuant to Presidential Decree
No. 1575, entitled “Requiring Practitioners of Dentistry to Keep Records of Their Patients”;

(n) Maintain, for purposes of investigative and forensic requirements of the NBI, relevant
database such as ballistic records of firearms including, but not limited to, data ownership,
possession, and other related identifying circumstances; and Deoxyribonucleic Acid (DNA)
databank; and

(o) Perform such other functions as the President or the Secretary of Justice may assign.

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SECTION 5. Jurisdiction.— The NBI shall have primary jurisdiction to undertake investigations in
the following cases:
(a) Human Trafficking cases in all airports in the Philippines;

(b) Extrajudicial/Extra-legal killings committed by the state’s security forces against media
practitioners and activists;

(c) Killings of justices and judges;

(d) Violation of Republic Act No. 10175, otherwise known as the “Cybercrime Prevention

Act”; (e) Cases referred by the Inter-Agency Anti-Graft Coordinating Council (IAGCC); (f)

Violations of the Anti-Dummy Law;

(g) Cases involving threats to security or assaults against the persons of the President, Vice
President, Senate President, Speaker of the House of Representatives, and Chief Justice of the
Supreme Court;

(h) Transnational crimes pursuant to existing international agreements;

(i) Identification of the dead/victims in case of mass fatality incidents caused by natural disasters;
and

(j) Violations of commercial, economic, and financial or white-collar crimes such as, but not
limited to, those punishable under Republic Act No. 8792, otherwise known as “E-Commerce Act
of 2000”; Republic Act No. 8484, otherwise known as “Access Devices Regulations Act of
1998”; Republic Act No. 8293, otherwise known as “Intellectual Property Code of the
Philippines”; Republic Act No. 8799, otherwise known as “Securities Regulation Code”;
Presidential Decree No. 1689, otherwise known as “Decree Increasing the Penalty for Certain
Forms of Estafa”, and other similar penal statutes that may be enacted by Congress.

Provided, However, That the President or the Secretary of Justice may direct the NBI to
undertake the investigation of any crime when public interest so requires.

Once the NBI takes cognizance of any of the aforementioned cases, the PNP and other law
enforcement agencies/investigative entities shall collaborate with and render assistance to the
NBI. In cases where jurisdiction is vested exclusively and/or primarily with the PNP or other law
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enforcement agency/investigating agency, the NBI shall collaborate with and render assistance to
the same.
SECTION 6. The NBI Director and Other Officials.— The NBI shall be headed by a Director and
assisted by two (2) Deputy Directors, one for Administration and another for Operations, and an
Assistant Director for each of the following seven (7) Services: Investigation Service, Intelligence
Service, Human Resource and Management Service, Comptroller Service, Forensic and Scientific
Research Service, Legal Service, and Information and Communications Technology Service.

The NBI Director shall be appointed by the President and shall have the rank, salary, and benefits
equivalent to that of an Undersecretary. No person shall be appointed Director unless he or she is
a natural-born citizen of the Philippines and a member of the Philippine Bar who has been
engaged in the practice of law for at least fifteen (15) years, preferably from within the ranks of
Directors.

The Assistant Regional Directors to Deputy Directors shall likewise be appointed by the
President of the Philippines, coming from the ranks of the NBI, upon the recommendation of the
Secretary of Justice.

No person shall be appointed Deputy Director or Regional Director unless he or she is a citizen of
the Philippines and a member of the Philippine Bar who has been engaged in the practice of law
for at least ten (10) years for the Deputy Director and for at least five (5) years for the Regional
Director.

SECTION 7. Powers and Functions of the Director.— The Director shall have the following
powers and functions:

(a) Formulate policies, guidelines, and programs to effectively carry out the purposes of this

Act; (b) Direct, control, and supervise the administration and operations of the NBI;

(c) Promulgate rules and regulations as may be necessary or proper for the effective exercise of
the powers and functions of the NBI, as well as the discharge of the duties and responsibilities of
its officials and personnel;

(d) Determine, from time to time, subject to availability of funds and the approval of the
Secretary of the Department of Budget and Management (DBM), the limit of reasonable
allowances, incentives, bonuses, privileges, and other benefits which may be given to the NBI
personnel;

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(e) Create or abolish any division/unit and positions therein as may be required by the exigencies
of the service, subject to the endorsement of the Secretary of Justice and approval of the DBM;

(f) Deploy any of its officials or personnel for missions abroad including, but not limited to,
assignments as functionaries attached to any Philippine Embassy, consulate, or any other
diplomatic office abroad in coordination with the Department of Foreign Affairs (DFA):
Provided, That any expense incurred by the NBI representative in the establishment of his or her
office, including operation and maintenance, is shouldered by the NBI;

(g) Hire consultants, subject to pertinent laws and rules, as may be deemed required by the
exigencies of the service;

(h) Issue mission orders and permits to carry duly licensed firearms outside residence to its
agents, organic personnel assisting in the investigation, and other duly deputized personnel of the
Department of Justice assisting the NBI in their investigative work;

(i) Designate NBI informants for investigative purposes;

(j) Remove, suspend, or otherwise discipline NBI agents and personnel for cause in accordance
with Civil Service Rules and Regulations and other pertinent laws;

(k) Determine and impose administrative fees;

(l) Perform any and all acts necessary, proper, or incidental to the attainment of the purposes and
objectives of this Act; and

(m) Perform such other functions as may be provided by law or authorized by the Secretary of
Justice.

SECTION 8. Qualifications of NBI Agents.— The minimum qualifications of NBI agents are the
following:

(a) Citizen of the Philippines;

(b) Of good moral character;

(c) A member of the Philippine Bar or a holder of a Baccalaureate Degree who passed the
necessary government licensure examination relevant to the investigative functions of the NBI;
and
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(d) Successfully passed the competitive mental and physical examinations required by the NBI.
 SECTION 9. Powers and Functions of Agents.— The agents of the NBI shall have the following
powers and functions:

(a) Undertake investigations pursuant to the mandate of the NBI;

(b) Conduct searches, arrests, and seizures in accordance with existing laws, rules and regulations;

(c) Take and require sworn statements of any person or persons so summoned in relation to cases
under investigation;

(d) Administer oaths in cases under investigation; and

(e) Such other functions as may be assigned by the NBI Director.

SECTION 10. Benefits and Privileges.— The NBI shall provide its personnel with the following
benefits:

(a) Health care services through a Health Maintenance Organization (HMO) for its regular
employees;

(b) Accident insurance policies for all employees;

(c) Trainings, scholarships, and seminars to deserving employees to upgrade their knowledge and
skills, on official time and at the expense of the NBI;

(d) Longevity pay, subject to guidelines that shall hereafter be issued by the NBI Director in
accordance with existing laws and regulations and subject further to the approval of the DBM
Secretary;

(e) Hazard pay, subject to pertinent laws and rules; and

(f) Transportation benefits, subject to availability of funds, employees shall be provided with
contracted transportation services until such time that the office can procure additional motor
vehicles for this purpose.

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References
Garcia, Rodolf M., The Art of Criminal Investigation & Detection, Central Book Supply Inc.,
2004

Guevara, Ricardo M., ABC’s of Criminal Investigation, Central Book Supply, Inc., 2008

Guevara, Ricardo M., Specialized Crime Investigation Second Edition, Wiseman’s Books
Trading, Inc. 2014

Wikipedia, National Bureau of Investigation (Philippines),

https://en.wikipedia.org/wiki/National_Bureau_of_Investigation_(Philippines)

RA10867, “National Bureau of Investigation Reorganization and Modernization Act”

https://thecorpusjuris.com/legislative/republic-acts/ra-no-10867.php

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