Investigatioin Book

READING MATERIALS IN FUNDAMENTALS OF CRIMINAL INVESTIGATION
DEFINITION OF TERMS
ABDUCTION – The elements constituting the crime of abduction are:
(1) The person kidnapped must be a woman. It is immaterial if she is a widow, a married woman, or virgin, as all three classes are
comprised within the generic term of “woman.”
(2) The crime must be committed against her will.
(3) It must be committed with unchaste designs, that is, with the intention of lying with the woman.
ABDUCTION WITH CONSENT – Elements. The essential elements of abduction with consent are
(1) The taking away of a maiden over 12 and below 18 years of age;
(2) The girl shall have consented to being taken away; and
(3) The act shall have been committed with lewd designs.
ABORTION PRACTICED BY WOMAN HERSELF OR BY HER PARENTS – Any woman herself and parents who shall commit this offense
to conceal her dishonor.
ABORTION PRACTICE BY PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVE – Any physician, midwife who, taking advantage
of their scientific or skill, shall cause an abortion. (Under Art 259, RPC)
ABSOLUTE CLAIM – A claim which is subject to no contingency and may be proved and allowed as a debt by a tribunal, or
committee on claims.
ABUSE OF CONFIDENCE – Only the abuse of confidence that facilitates the lustful purpose of rape is the kind of abuse of
confidence that aggravates the responsibility of the offender.
ABUSE OF RIGHTS – A principle in Civil Law, which holds that indemnity for damages, may be granted in cases where there is an
abuse of rights. A person should be protected only when he acts in the legitimate exercise of his right, that is, when he acts with
prudence and in good faith; but not when he acts with negligence or abuse.
Such principle is found in the Chapter on Human Relations in the Civil Code. Through the principle in Art.19, Civil Code, he incurs in
liability who, acting under the aegis of a legal right and an apparently valid exercise of the same, oversteps the bounds or,
limitations imposed on the right by equity and good faith thereby causing damage to another or to society.
The abusive act is simply that which, performed in accordance with a subjective right whose limits have been respected, is
nevertheless contrary to the right considered in general and as the sum total of all obligatory laws.
There is abuse of right when the right is exercised with the end of damaging another as well as when damage results when the
legitimate motive and normal end of the right is violated as in the case of an abnormal exercise of the right.
If the purpose is evil or not serious or legitimate, or the manner of exercise of the right is abnormal and damage is caused to
another, then there is an abuse of right for which damages are recoverable.
ACCESSORY – The accessory of an automobile is any article designed to be used in connection with such vehicle to add to its utility
or ornamentation and which is primarily adapted for such use whether or not essential to the operation of the vehicle.
ACCESSORY AFTER FACT – Elements. Under Art.19 (1), Rev. Penal code, they are:
1) The accused must not have participated in the criminal design nor cooperated in the commission of the felony;
2) He must have knowledge of the commission of the crime; and
3) He must have profited from the effects of the crime.
Photocopying of this document is strictly prohibited without permission from the compiler. Page 1
ACCOMPLICE – One who is concerned in the commission of a crime In its fullness, the term “accomplice” includes in its meaning all
persons who have been concerned in the commission of a crime, all participes criminis, whether they are considered in strict legal
propriety as principals in the first or second degree or merely as accessories before or after the fact. In general, the word
“accomplice” should be rendered into Spanish by the use of some such as “participante en el delito.”
ACCOUNTABLE PUBLIC OFFICER – A public officer who has been duly entrusted with government funds or property.
ACQUITTAL – One is acquitted if, after he has been arraigned and trial has been begun, upon a valid indictment or information, he
is discharged by a competent court.
ACT – Certiorari. The act contemplated in the law on certiorari is one which creates some sort of status, i.e., determinative of a
certain legal right. A merely threatened act, or an act which is preliminary and does not determine a legal right, cannot be
reviewed in a certiorari proceeding.
ACT OF LASCIVIOUSNESS – All acts of lewdness committed upon a person of either sex, short of lying with a woman and anything
leading up to it. What constitutes lewd or lascivious conduct must be determined from the circumstances of each case.
ADMISSION – The term “admission” embraces any statement of fact made by a party which is against his interest or unfavorable to
the conclusion for which he contends or inconsistent with the facts alleged by him.
ADULTERY – A crime committed by a married woman who has sexual intercourse with a man not her husband and by the man who
has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.
AFFIDAVIT - Summary judgment. The kind of affidavit necessary to support a summary judgment is that affidavit from which it may
be clearly drawn that certain facts pleaded by either party are certain, undisputed and indubitable which dispense with the
hearing or trial of the case.
AGENT – A person who binds himself to render some service or to do something in representation or on behalf of another, with
the consent or authority of the latter.
AGENT OF PERSON IN AUTHORITY – Any person who by direct provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and the protection and security of life and property. Any person who
comes to the aid of persons in authority.
AGENT’S REPORT – It is a report rendered by a documented agent who answers an intelligence requirement.
AGREEMENT – Proposal. A proposal remains an offer even if not answered and irrespective of the length of time that has passed.
It only becomes an agreement when accepted by the other party. The only exception is where there is a duty on the part of the
other party to answer, and hence silence is implied assent.
ALIBI – To establish alibi, a defendant must not only show that he was present at some other place at about the time of the alleged
crime, but also that he was at such other place for so long a time that it was impossible for him to have been at the place where
the crime was committed, either before, during, or after the time he was at such other place.
ALLEGED – The word “alleged” or “allegedly” connotes something “claimed”. It leaves the truth of the averment an open question.
ALTER – To add, change, substitute or omit something from a pleading or instrument.
AMBASSADOR – A person who have been appointed as chief of mission and have served as Ambassador Extraordinary and
Plenipotentiary.
ARBITRARY – Willful and unreasoning action, without consideration of and in disregard of the facts and circumstances of the case.
Action is not arbitrary when exercised honestly and upon due consideration where there is room for two opinions, however much
it may be believed that an erroneous conclusion was reached.
ARBITRARY DETENTION – Arbitrary detention begins not merely from the moment a person is locked up in prison cell but from the
moment such person is deprived of his liberty without legal grounds. And it ends only when such person is absolutely freed from
any restraint on his person.
ARREST – It is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
ARSON - Is defined as the intentional or malicious destruction of a property by fire. It is also defined as the criminal burning of
property.
ASSAULT – The term “assault” in Sec. 87 (b) (2), Judiciary Act, on the original jurisdiction of Municipal Courts, means physical
injuries. It does not refer to the crime of direct assault in Art. 148 of the Revised Penal Code.
ATTEMPTED BOMBING - Incidents in which a device designed or purposely made to detonate/ignite fails to function. Intent of
activity is criminal in nature; this also pertains to malfunctioning, recovered, and/or disarmed devices.
ATTEMPT – Intent is a quality of the mind and implies a purpose only, while attempt implies an effort to carry that purpose into
execution.
AUTHORITY – A person or persons, or a body, exercising power or command; for those upon whom the people have conferred
authority.
BAIL – The word “bail” as used in the prohibition against excessive bail is inadequately translated by the word “fianza”, as bail
implies a particular kind of bond that is to say, a bond given to secure the personal liberty of one held in restraint upon a criminal
or quasi criminal charge.
BAND – A group of more than three armed malefactors who act together in the commission of an offense.
BEAT PATROL – The deployment of officers in a given community, area or locality to prevent and deter criminal activity and to
provide day-to-day services to the community.
BEST EVIDENCE – Evidence which suffices for the proof of particular fact. That evidence which, under every possible circumstance,
affords the greatest certainty of the fact in question and in itself, does not indicate the existence of other and better proof.
BEST EVIDENCE RULE – A well-known rule of law that a witness cannot be permitted to give oral testimony as to the contents of a
paper writing which can be produced in court.
BIGAMY – A crime committed by a person who contracts a second or subsequent marriage before the former marriage has been
legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the
proper proceedings.
BOMBING - Any incident which uses a device constructed with criminal intent and using high explosives, low explosives, or blasting
agents explodes. This term also refers 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 knowledge that a dangerous device, such as a bomb or
similar type of explosives, has been or will be placed in a building, aircraft, sea craft or other facilities with the intent to harm
people and destroy properties.
BURDEN OF PROOF – is employed to signify the duty of proving the facts in dispute on an issue raised between the parties in a
cause. The burden of proof always lies on the party who takes the affirmative in pleading. In criminal cases, as every man is
presumed to be innocent until the contrary is proved, the burden of proof rests on the prosecutor, unless a different provision is
expressly made by statute.
CADAVER - A corpse or a dead body.
CADAVER TAG - An identification tag attached to the cadaver containing tag number, name (if identified), date/time & place of
recovery, date/time/type/place of incident, gender, other pertinent information, and name of investigator. The tag shall be made
using suitable materials which can be used of in all types of weather.
CALL SLIP – A debt and credit ticker authorizing the Central Bank to pay a certain bank chargeable against the account of another
bank
CARNAPPING - The taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of
violence against or intimidation of persons, or by using force upon things.
CASE OFFICER – The person responsible for and in charge of the investigation of a case.
CASE OPERATIONAL PLAN (COPLAN) – A definite target-specific activity conducted in relation to an intelligence project under
which it is affected. Several case operations may fall under one intelligence project. Refers to a preparatory plan on how to carry
out a case operation which is the last resort to pursue intelligence objectives when normal police operations fail.
CAUSE OF ACTION – A cause of action is the act or omission by which a party violates a right of another (Sec 2, Rule 2 of the Rules
of Court). The term “cause of action” has two elements: 1) the right of plaintiff, and 2) the violation of such right by the defendant.
CAUSE OF DEATH – A declaration of by what means and by whom the declarant was injured is within the purview of the term “the
cause of the declarant’s death” in a dying declaration.
CERTAINTY OF GUILT – Absolute certainty of guilt is not demanded by the law to convict one of any criminal charge but moral
certainty is required, and this certainty is required as to every proposition of proof requisite to constitute the offense.
CERTIORARI – The extra-ordinary remedy to correct an actuation of a judge who has acted without jurisdiction, in excess of
jurisdiction or clearly in grave abuse of discretion, and not to correct errors of procedures and/or mistakes in the judge’s findings
or conclusions.
CHILD – Shall refer to a person below eighteen (18) years of age or one over said 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 mental
disability or condition or of protecting himself from abuse.
CHILD ABUSE – Refers to the infliction of physical or psychological injury, cruelty to or neglect, sexual abuse or exploitation of a
child.
CHILD TRAFFICKING – The recruitment, transportation, transfer, harboring or receipt of a child purpose of exploitation.
CIRCUMSTANTIAL EVIDENCE – Evidence of circumstances which are strong enough to cast suspicion upon the defendant and
which are sufficiently strong to overcome the presumption of innocence, and to exclude every hypothesis except that of the guilt
of the defendant.
COMMAND POST/HOLDING AREA - Area where case conferences, briefings and debriefings are being conducted by the responding
agencies.
COMPETENT EVIENCE – One that is not excluded by law in a particular case.
COMPLAINT – A concise statement of the ultimate facts constituting the plaintiff’s cause or causes of action.
COMPLAINANT – A party or person who makes a complaint or file a formal charge in the court of law.
COMPLEX CRIME – A single act which constitutes two or more grave or less grave felonies, or an offense which is a necessary
means for committing the order.
CONFESSION – It is an express acknowledgment by the accused in a criminal prosecution of the truth of his guilt as to the offense
charged, while admission refers to statements of fact not directly constituting an acknowledgment of guilt.
CONSPIRACY – It exists when two or more persons come to an agreement concerning the commission of a felony and decide to
commit it.
CONSTRUCTIVE DELIVERY – A general term comprehending all those acts which, although not conferring physical possession of the
thing, have been held by construction of law equivalent to acts of real delivery, as for example, the giving of the key to the house,
as constructive delivery of the house from the vendor to the vendee.
CONSTRUCTIVE POSSESSION – The possession and cultivation of a portion of a tract under claim of ownership of all is a
constructive possession of all, if the remainder is not in the adverse possession of another.
CONTEMPT – In its broad sense, contempt constitutes a disobedience to the court by acting in opposition to its authority, justice
and dignity. In its restricted and more usual sense, contempt comprehends a despising of the authority, justice or dignity of a
court.
CONTEMPT OF COURT – Contempt of court in general must be some act or conduct which tends to interfere with the business of
the court, by a refusal to obey some lawful order of the court, or some act of disrespect to the dignity of the court which in some
way tends to interfere with or hamper the orderly proceedings of the court and thus to lessen the general efficiency of the same.
In re: Jones, 9 Phil. 355.
CONTINUING OFFENSE – A crime in which some acts material and essential thereto occur in one province and some in another.
For example: the crimes of estafa or malversation, and of abduction. In such a case the court of either province where any of the
essential ingredients of the offense took place has jurisdiction to try the case.
CONTRABAND – A generic term covering all goods exported from or imported into the country contrary to applicable statutes.
COPYRIGHT- An exclusive right granted or conferred by the government on the creator of a work to exclude others from
reproducing it, adapting it, distributing it to the public, performing it in public, or displaying it in public. Copyright does not protect
an abstract idea; it protects only the concrete form of expression in a work. To be valid, a copyrighted work must have originality
and possess a modicum of creativity.
CORPUS DELICTI – Latin for the “body of the crime” It is the legal term used to describe/physical/or material evidence that a crime
has been committed such as the corpse of a murder victim or the cleaned of a torched building. It is used to refer to the
underlying principle that, without evidence of a crime having been committed, it would be unjust to convict someone.
CORROBORATIVE EVIDENCE – Additional evidence of a different kind and character tending to prove the same point.
CORRUPTION OF PUBLIC OFFICIALS – Elements. The elements of the crime of corruption of a public official by means of bribery
are;
1) The person receiving the bribe is a public officer, as defined in Art. 203, RPC;
2) Said officer shall have actually received, either personally or through another, gifts or presents, or accepted offers or
promises;
3) Such reception or acceptance shall have been for the purpose of executing an act, which may or may not be Accomplished, but
not constituting a crime; and
4) The person offering the gift or making the promises shall be a private individual.
COUNTERFEITING - The act of producing or selling a product containing a sham mark that is an intentional and calculated
reproduction of the genuine mark, a “counterfeit mark” is identical to or substantially indistinguishable from the genuine mark.
Often, counterfeit goods are made to imitate a popular product in all details of construction and appearance, so as to deceive
customers into thinking that they are purchasing the genuine merchandise.
COURIER – The person delivering any ransom or other item demanded by the offender;
CRIME SCENE – A venue or place where the alleged crime/incident/event has been committed.
CRIMINAL INVESTIGATION – It is the collection of facts in order to accomplish the three-fold aims – to identify the guilty party; to
locate the guilty party; and to provide evidence of his (suspect) guilt.
CRIMINAL INVESTIGATOR – A public safety officer who is tasked to conduct the investigation of all criminal cases as provided for
and embodied under the Revised Penal Code/Criminal Laws and Special Laws which are criminal in nature. A well-trained,
disciplined and experienced professional in the field of criminal investigation duties and responsibilities.
CRIMINAL JURISDICTION – The authority to hear and try a particular offense and impose the punishment for it.
CRIMINAL LAW – One that defines crime, treats of their nature and provides for their punishment. Punishment, in this sense,
refers strictly to the penalty imposed.
CRIMINAL LIABILITY – Requisites. Under Art.4 par. 1 RPC, a person may be held criminally liable even if the injurious result be
greater than that intended, provided these requisites concur: 1) an intentional felony has been committed; and 2) the wrong done
to the victim be the direct, natural, and logical consequence of the felony committed.
CRIMINAL NEGLIGENCE – It consists in the failure to take such precautions or advance measures in the performance of an act as
the most common prudence would suggest, whereby injury is caused to persons or to property.
CROSS-EXAMINATION – It is the most potent weapon known to law for separating falsehood from truth, hearsay from actual
knowledge, things imaginary from things real, opinion from fact, and inference from recollection, and for testing the intelligence,
fairness, memory, truthfulness, accuracy, honesty and power of observation of the witness.
CRUELTY – Refers to any act by word or deed which debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being. Discipline administered by a parent or legal guardian to a child does not constitute physical or psychological injury as
defined herein.
CUSTODIAL INVESTIGATION – Investigation conducted by law enforcement officers after a person has been arrested or deprived of
his freedom of action. It includes invitation to a person who is being investigated in connection with an offense.
CUSTODIA LEGIS – A thing is in “custodia legis” when it is shown that it has been and is subjected to the official custody of a judicial
executive officer in pursuance of his execution of a legal writ.
DEATH CAUSED IN A TUMULTUOUS AFFRAY - When several persons, not composing groups organized for the common purposes of
assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner and in the
course of the affray someone is killed and it cannot ascertain who actually killed the deceased but the persons who inflicted
serious physical injuries can be identified, such person shall be punished.
DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES - Any legally married person who having caught
his spouse in the act of committing sexual intercourse with another, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious injuries, shall suffer the penalty of destierro.
DECEDENT – The general term applied to the person whose property is transmitted through succession, whether or not he left a
will.
DIVERSION – An alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with
the law on the basis of his/her social, cultural, economic, psychological or educational background, without resorting to formal
court proceedings.
DIVERSION PROGRAM – A program that the child in conflict with the law is required to undergo after he/she is found responsible
for an offense without resorting to formal court proceedings.
DOUBLE JEOPARDY – The rule of double jeopardy means that when a person is charged with an offense and the case is terminated
either by acquittal or conviction or in any other manner without the consent of the accused, the latter cannot again be charged
with the same or identical offense. This principle is founded upon the law of reason, justice and conscience. It is embodied in the
maxim of the civil law “nom bis in idem”, in the common law of England, and undoubtedly in every system of jurisprudence, and
instead of having specific origin it simply always existed. It found expression in the Spanish law and in the Constitution of the
United States, and is now embodied in our own Constitution as one of the fundamental rights of the citizens.
DRAGNET OPERATION – Is a police operation purposely to seal off the probable exit points of fleeing suspects from the crime
scene to prevent their escape.
DUE PROCESS OF LAW – The requirement that no person shall be held to answer for a criminal offense without “due process of
law” simply requires that the procedures fully protect the life, liberty, and property of the citizens in the State.
DYING DECLARATION – Requisites. In order that a dying declaration may be admissible, the following requisites must concur;
1) It must concern the crime involved in and the circumstances surrounding the declarant’s death;
2) At the time of the declaration, the declarant must be conscious of impending death;
3) The declarant must be competent as a witness; and
4) The declaration must be offered in a criminal case for homicide, murder, or parricide in which the declarant was the victim.
ELECTRONIC DATA MESSAGE – Refers to information generated, sent, received or stored by electronic, optical or similar means,
but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex, or telecopy. Throughout these Rules, the
term “electronic data message” shall be equivalent to and be used interchangeably with “electronic document.
ELECTRONIC DOCUMENT – Refers to information or the representation of information, data, figures, symbols or other modes of
written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a
fact be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.
Throughout these Rules, the term “electronic document” shall be equivalent to and be used interchangeably with “electronic data
message.”
ELECTRONIC SIGNATURE – Refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity
of a person and attached to or logically associated with the electronic data message or electronic document or any methodology
or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or
approving an electronic data message or electronic document.
EMBEZZLEMENT – Embezzlement is a purely statutory offense and may be defined as the fraudulent appropriation to one’s own
use of money or goods entrusted to one’s care by another; the fraudulent appropriation of property by a person to whom it has
been entrusted or into whose hands it has lawfully come.
EMINENT DOMAIN – The right of a government to take and appropriate private property to public use, whenever the public
exigency requires it; which can be done only on condition of providing a reasonable compensation therefore.
ENTRAPMENT – While instigation exempts, entrapment does not; the difference between the two being that in entrapment the
crime had already been committed while in instigation the crime was not yet and would not have been committed were it not for
the instigation by the peace officer.
EVIDENCE – The means sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of
fact. These include but are not limited to documentary, testimonial, electronic and object evidence, gathered in the course of the
investigation.
EVIDENT PREMEDITATION – Evident premeditation involves, in its legal sense, not only a determination to commit the crime prior
to the moment of its execution, but that resolve to carry out the criminal intent must have been the result of deliberation,
calculation or reflection through a period of time sufficient to dispassionately consider and accept the final consequences thereof,
thus indicating a greater perversity.
EXPLOITATION – Shall include, at the minimum, child prostitution, child pornography and other forms of sexual exploitation, child
labor, force labor or services, slavery or practices similar to slavery, servitude, removal and sale of organs, use in illicit/illegal
activities, and participation in armed conflict. The hiring, employment, persuasion, inducement, or coercion of a child to perform
in obscene exhibitions and indecent shows, whether live or in video or film or to pose or act as a model in obscene publications or
pornographic materials, or to sell or distribute said materials.
EXPLOSIVES – Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion.
The term includes, but is not limited to, high explosives, black powder, and pellet powder, initiating explosives, detonators, safety
fuses, squibs, detonating cord, igniter cord and igniter.
EXPLOSIVE INCIDENTS – Any explosives-involved situation that encompasses bombings, incendiary bombings, attempted
bombings, stolen and recovered explosives, threats to government facilities involving explosives, hoax devices and bomb threats.
EXPLOSIVE ORDNANCE DISPOSAL (EOD) PERSONNEL – Refers to personnel of the Armed Forces of the Philippines (AFP), Philippine
Coast Guard (PCG) and the National Bureau of Investigation (NBI).
FENCING –Is the act of any person who, with intent to gain for himself or for another, shall buy, receive, posses, keep, acquire,
conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which
he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.
FIRE ANALYSIS - The process of determining the origin, cause, and responsibility as well as the failure analysis of fire or explosion.
FIRE SCENE RECONSTRUCTION – It is the process of recreating the physical scene during the fire scene analysis through the
removal of debris and the replacement of contents or structural elements in their pre-fire position.
FLASH FIRE - A fire that spreads with extreme rapidity, such as one that races over dust, over the surface of flammable liquids, or
through gases.
FIRST RESPONDERS – Are members of the police, military, fire, medical teams, and other volunteer organizations who are
expected to be the first to respond to calls for assistance in cases of incidents involving explosives.
FORCIBLE ABDUCTION – Under Art 342, RPC, they are
1) The person abducted has to be a woman, regardless of her age, morality and reputation;
2) Against her will; and
3) With lewd designs.
FORUM SHOPPING – The act of filling the same suit in different courts. It is an act of malpractice that is proscribed and condemned
as trifling with the courts and abusing their processes. It is improper conduct that tends to degrade the administration of justice.
GRAVE ABUSE OF CONFIDENCE – The term “grave abuse of confidence” in

Art 310 of RPC, on qualified theft, refers to a breach of the high degree of confidence reposed by the offended party upon the
offender by reason of dependence, guardianship, or vigilance.
GRAVE ABUSE OF DISCRETION – Error of judgment. Both differ in that grave abuse of discretion means capricious and arbitrary
exercise of judgment while error of judgment means the mistakes actually committed in adjudication.
HABEAS CORPUS – The writ of habeas corpus is the means by which judicial inquiry is made into the alleged encroachments upon
the political and natural rights of individuals, such as restraint of liberty.
HIJACKING – A term which immediately conjures the images of a group of heavily 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 other unlawful purposes, or the taking away of the
property of another by means of violence against or intimidation of person or force upon thing or other unlawful means,
committed by any person on any Philippine Highway.
HOMICIDE - Any person who shall kill another without the attendance of any of the circumstances enumerated in the crime of
murder. (Under Art 249 RPC)
ILLEGAL RECRUITMENT - It is any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring of workers
which includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when
undertaken by a non-license or non-holder of authority contemplated under this provision.
INFANTICIDE –The killing of an infant less than 3 days old. (Under Art 255 RPC)
INFRINGEMENT – An invasion of one of the exclusive rights of intellectual property. Infringement of a utility patent involves the
making, using, selling, offering to sell, or importing of a patented product or process without permission. Infringement of a design
patent involves fabrication of a design that, to the ordinary person, is substantially the same as an existing design, where the
resemblance is intended to induce an individual to purchase one thing supposing it to be another.
Infringement of a trademark consists of the unauthorized use or imitation of a mark that is the property of another in order to
deceive, confuse, or mislead others. Infringement of a copyright involves reproducing, adapting, distributing, performing in public,
or displaying in public the copyrighted work of someone else.
INITIAL CONTACT WITH THE CHILD – Refers to the apprehension or taking into custody of a child in conflict with the law, by law
enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section
9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child
alleged to be in conflict with the law under immediate custody.
INTELLECTUAL PROPERTY- It is the creation of the human mind that has commercial value and is given the legal aspects of a
property right. Intellectual property is an all-encompassing term now widely used to designate as a group all of the following fields
of law: patent, trademark secret, moral rights, and the right of publicity.
INTENTIONAL ABORTION – Any person who shall intentionally cause abortion upon a pregnant woman, or if done without violence
but acted with the consent of the woman.
INTER-AGENCY COUNCIL AGAINST TRAFFICKING OR IACAT - Shall refer to the inter-agency body created by Sec. 20 of Republic Act
9208.
INTERVENTION – Refers to a series of activities designed to address issues that cause the child to commit an offense. It may take
the form of an individualized treatment program, which may include counseling, skills training, education, and other activities that
will enhance his/her psychological, emotional and psycho-social well-being.
INVESTIGATION – While instigation exempts, entrapment does not; the difference between the two beings that in entrapment the
crime had already been committed while in instigation the crime was not yet, and would not have been, committed were it not for
the instigation by the peace officer.
An inquiry, judicial or otherwise, for the discovery and collection of facts concerning the matter or matters involved. It is the
process of inquiring, eliciting, soliciting and getting vital information/facts/circumstances in order to establish the truth.
INVESTIGATOR/OFFICER – Shall refer to any law enforcement personnel belonging to the duly mandated law enforcement
agencies (LEA) tasked to enforce Republic Act 9208 such as officers, investigators and agents of the Philippine National Police,
National Bureau of Investigation, Bureau of Immigration.
IMPROVISED EXPLOSIVE DEVICE – A homemade device consisting of explosives/incendiary and firing components necessary to
initiate explosion.
INTERIM – Temporary, provisional, of passing and temporary duration, as opposed to permanent and regular.
JUDICIAL NOTICE – Requisites. Three prerequisites to judicial notice of any suggested fact have been stated, namely,
1) That it must be a matter of common and general knowledge,

2) That it must be will and authoritatively settled, and not doubtful or uncertain, and
3) That it must be known to be within the limits of the jurisdiction of the court.
JURISDICTION – The word “jurisdiction” as used in the Constitution and statues means jurisdiction over the subject matter only,
unless an exception arises by reasons of its employment in a broader sense.
JURISPRUDENCE – The groundwork of the written law. The science of law; the particular science of giving a wise interpretation to
the laws and making a just application of them to all cases as they arise. In an untechnical sense, the term sometimes means Cases
Law.
LAND TRANSPORTATION DISASTER - Is a land transportation sector accident, e.g. rail road and motor vehicle accidents causing
serious loss of lives, injuries and damage to properties.
LASCIVIOUSNESS – The term “lasciviousness” in Art 336, RPC comprises all acts of lasciviousness performed upon a person of
either sex, short of lying with a woman and anything leading up to it, independently of the intention of the wrongdoer.
LASCIVIOUS CONDUCT – The intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner
thigh or buttocks or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, whether of
the same or opposite sex, with an intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual desire of any person,
bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person;
LAST CLEAR CHANCE – A doctrine that a person who has the last clear chance to avoid the impending harm and fails to do so is
chargeable with the consequences, without reference to the prior negligence of the other party.
LAW ENFORCEMENT – It involves PNP - initiated projects and activities geared towards improving the peace and order situation
and professionalizing the people.
LEWD – The unlawful indulgence of lust.
LICENSE – A permission to use an intellectual property right, under defined conditions as to time, context, market line, or territory.
In intellectual property law, important distinctions exist between “exclusive licenses” and “nonexclusive licenses”.
An exclusive license does not necessarily mean that this is the one and only license granted by the licensor. In giving an
exclusive license, the licensor promises that he or she will not grant other licenses of the same rights within the same scope of
field covered by the exclusive license. However, the owner of rights may grant any number of nonexclusive licenses of the same
rights. In a non-exclusive license, title remains with the licensor. A patent license is a transfer of rights that does not amount to an
assignment of the patent. A trademark or service mark can be validly licensed only if the licensor controls the nature and quality of
the goods or services sold by the licensee under the licensed mark. Under copyright law, an exclusive licensee is the owner of a
particular right of copyright, and he or she may sue for infringement of the licensed right.
There is never more than a single copyright in a work regardless of the owner’s exclusive license of various rights to
different persons.
LOCAL INTER-AGENCY COUNCIL AGAINST TRAFFICKING – Shall refer to the local institutional structure created at the regional,
provincial, city and or/ municipal level to coordinate and monitor the implementation of Republic Act 9208 within their
jurisdiction.
MACRO-ETCHING - The examination of the serial number of engine and chassis of a motor vehicle by a Crime Laboratory
Technician by means of applying chemicals solution on the said serial numbers to determine whether there is tampering and for
possible restoration of the tampered serial numbers.
MALA INSE – A wrong act by its nature punished as felonies under the RPC. Example: murder, rape, etc.
MALA PROHIBITA – A wrong act arising out of doing an act prohibited by special laws. Example is illegal possession of firearms.
MALFEASANCE or MISCONDUCT– Any wrongful, improper or unlawful conduct motivated by premeditated, obstinate or
intentional purpose. It usually refers to transgression of some established, obstinate or intentional purpose. It usually refers to
transgression of some established and definite rule of action, where no discretion is left except where necessity may demand; it
does not necessarily imply corruption or criminal intention.
MISFEASANCE or IRREGULARITIES IN THE PERFORMANCE OF DUTY – The improper performance of some act which might lawfully
be done.
MIRANDA DOCTRINE – A principle on the rights of a suspect from forced self-incrimination during police interrogation as
enshrined in the 1987 Philippine Constitution’s Bill of Rights (Article III, Sec. 12).
MOTOR VEHICLE - Any vehicle propelled by means other than muscular power using the public highways, but excepting rollers,
trolley cars, street sweepers, sprinklers, lawnmowers, bulldozers, graders, forklifts, amphibian trucks and cranes if not used on
public highways; also, vehicles which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used
exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by
attachments to any motor vehicles shall be classified as separate motor vehicles with no power rating. (Sec 2, RA 4136)
MURDER – Any person who shall kill another person with evident premeditation, treachery, superior strength, aid of armed men,
consideration of prize and reward of promise and by means of fire, poison, explosion and other means involving great waste and
ruin. (Under Art 248, RPC)
NEGLECT – Failure to provide, for reasons other than poverty, adequate food, clothing, shelter, basic education or medical care so
as to seriously endanger the physical, mental, social and emotional growth and development of the child.
NEGLECT OF DUTY – The omission or refusal, without sufficient excuse, to perform an act or duty, which it was the officer’s legal
obligation to perform.
NEIGHBORHOOD INVESTIGATION – One of the most crucial steps in Kidnap for Ransom cases which is often overlooked or
underemphasized. The objective is to identify and interview in person all individuals in the area where the victim was kidnapped
and/or last known sighting area during the window of opportunity (last time seen until the time discovered missing).
NOMINAL PARTY – One who is joined as plaintiff or defendant, not because he has any real interest in the subject matter or
because any relief is demanded as against him, but merely because the technical rules of pleading require his presence on the
record.
NONFEASANCE or NEGLECT OF DUTY – The omission or refusal, without sufficient excuse, to perform an act or duty, which it was
the peace officer’s legal obligation to perform; implies a duty as well as its breach and the fact can never be found in the absence
of duty.
OBITER DICTUM – A statement made in passing; a rule issued on a point not necessarily involved in the case.
OBLIGATION – A judicial necessity to give, to do or not to do.
OCCULAR INSPECTION – An auxiliary remedy which the law affords the parties or the court to reach an enlightened determination
of the case, either to clear a doubt, to reach a conclusion, or to find the truth, by viewing the object related to the fact in issue.
OFFENDED PARTY – In oral defamation or libel, the “offended party” referred to in par. 4 Art 360, RPC, and in Sec 4, Rule 110,
Rules of Court, is the person appearing to have been defamed, discredited, damaged and prejudiced by the imputation made. The
“offender party” who intervenes in a criminal action, under Sec 15 Rule 110,
Rules of Court, is the person who is entitled to civil indemnity in the civil action arising out of the criminal act for which the
accused is charged.
ONUS PROBANDI – The obligation imposed upon a party who alleges the existence of a fact or thing necessary in the prosecution
of defense of an action, to establish its proof. The obligation imposed by law on a party to the litigation to persuade the court that
he is entitled to relief. If no evidence is presented on a particular issue, the party having the burden of proof as to issue will lose,
and if that issue is terminative of the cause of action, he will lose the litigation.
OPINION – The opinion of the Court is that portion of the judgment containing the findings of facts and the conclusions of law.
ORGANIZED CRIMINAL GROUP – 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 as defined in the United Nations Convention against PNP
Criminal Investigation Manual 2011 xli
Transnational Organized Crime, in order to obtain, directly or indirectly, financial or other material benefit.
ORGANIZED CRIME – 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.
PARENTS PATRIAE – Parent or guardian of the country. The states as a sovereign, as parent patriae, has the right to enforce all
charities of a public nature, by virtue of its general superintending authority over the public interest, where no other person in
entrusted with it. A prerogative inherent in the supreme, power of every State, to be exercised in the interest of humanity, and for
his prevention of injury to those who cannot protect themselves.
PARRICIDE - Any person who kills his father, mother or child whether legitimate or illegitimate or any of his ascendants or
descendants or his spouse shall be guilty of parricide.
PAROLE EVIDENCE – Requisites. For the admissibility of parole evidence of the ground of mistake or imperfection of the writing,
the following requisites must concur; 1) the mistake should be of fact; 2) the mistake should be mutual or common to both parties
to the instrument; and 3) the mistake should be alleged and proved by clear and convincing evidence.
PASSPORT – A document issued by the Philippine government to its citizens and requesting other governments to allow its citizens
to pass safely and freely, and in case of need to give him/her all lawful aid and protection.
PATENT – A grant by the federal government to an inventor of the right to exclude others from making, using, or selling the
invention. There are three very different kinds of patents: a utility patent on the functional aspects of products and processes; a
design patent on the functional aspects of products and processes; a design patent on the ornamental design of useful objects;
and a plant patent on a new variety of living plant. Patents do not protect “ideas”, only structures and methods that apply
technological concepts. In return for receiving the right to exclude others from a precisely defined scope of technology, industrial
design, or plant variety, which is the gist of a patent, the inventor must fully disclose the details of the invention to the public.
This will enable others to understand the invention and be able to use it as a steppingstone to further develop the technology.
Once the patent expires, the public is entitled to make and use the invention and is entitled to a full and complete disclosure of
how to do so PNP Criminal Investigation Manual 2011 xlii
PERSON – Includes natural and juridical persons, unless the context indicates otherwise.
PERSON IN AUTHORITY – Person in authority refers to all those persons who by direct provision of law or by appointment of
competent authority are charged with the maintenance of public order and the protection and security of life and property, as
well as all persons who come to the aid of agents of authority; it being public functionaries are entitled to be considered as agents
of authority, it being understood, nevertheless, that in order that the persons who come to the aid of an agent of authority may be
considered as agents of authority, it is an essential condition that they lend such assistance, by virtue of an order or request of
such agent of authority.
PHYSICAL EXAMINATION - The conduct of examining the engine and chassis number of a motor vehicle by a Crime Laboratory
Technician and/or Police Officer through the use of the naked eyes to determine whether there is a sign of tampering/alteration.
PHYSICAL EVIDENCE - Evidence addressed to the senses of the court that are capable of being exhibited, examined, or viewed by
the court. This includes but not limited to fingerprints, body fluids, explosives, hazardous chemicals, soil/burned debris, bombs,
electronic parts used in the commission of the crime.
PHYSICAL INJURY- Harm done to a child’s psychological or intellectual functioning which may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior, or a combination of said behaviors which may be demonstrated by a
change in behavior, emotional response or cognition;
PIRACY – The act of exact, unauthorized, and illegal reproduction on a commercial scale of a copyrighted work or of a trademarked
product.
PNP CRISIS MANAGEMENT COMMITTEE (PNP CMC) - A Committee created by the PNP that specifically handles cases of
kidnapping.
POINT OF ORIGIN - The exact physical location where a heat source and fuel comes in contact with each other and a fire begins.
POLICE BLOTTER – A record or log where all types of operational and undercover dispatches shall be recorded containing the five
"W"s (WHO, WHAT,
WHERE, WHEN AND WHY) and one "H" (HOW) of an information.
POLICE CHECKPOINT – A location where the search is conducted which is duly authorized by the PNP to deter/prevent the
commission of crimes, enforce the law, and for other legitimate purposes.
POST – A Philippine diplomatic and consular position such as an Embassy or

Consulate PNP Criminal Investigation Manual 2011 xliii
POST-BLAST INVESTIGATION (PBI) - Comprehensive forensic inquiry specifically on a bombing incident through conduct of various
investigative techniques which involves recovery of physical evidence mainly for reconstruction of explosive fragments recovered
to determine the device components, the modus operandi and subsequently to identify the perpetrator(s).
POST BLAST INVESTIGATION TEAM – Composed of the criminal investigator(s) assisted by the bomb technicians/EOD personnel
and SOCO personnel.
PROJECT PROPOSAL – The recommended format or documentary vehicle to be used in the presentation of the operational
concepts and administrative necessities in the conduct of intelligence special projects for the processing and approval of
designated authority.
PROXIMATE CAUSE – The proximate cause of an injury is the one which produces the injury either directly or thru other causes
which it sets in motion and thru which it acts in a natural line of causation. It is the cause that directly produces the effects without
the intervention of any other cause.
PUBLIC OFFICER – Elective and appointive officials and employees, permanent or temporary, whether in the classified or
unclassified or exemption service receiving compensation, event nominal, from the government.
QUESTION OF FACT – There is a question of fact when the doubt of difference arises as to the truth or falsehood of alleged facts,
or when it involves an examination of the probative value of the evidence presented by the litigants or any of them.
QUESTION OF LAW – There is a question of law in a given case when the doubt or difference arises as to what the law is on a
certain state of facts.
RADIATION - Heat transfer by way of electromagnetic energy.
REASONABLE DOUBT – A reasonable doubt is not a mere guess that defendant may or may not guilty; it is such a doubt as a
reasonable man might entertain after a fair review and consideration of the evidence.
RECEIVING ANY GIFT – Includes the act of accepting directly or indirectly a gift from a person other than a member of the public
officer’s immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by
consanguinity or affinity, even on the occasion of a family celebration or national PNP Criminal Investigation Manual 2011 xliv
festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive.
RECLUSION PERPETUA – The penalty of life imprisonment. However, the offender is eligible for pardon after serving the penalty
for thirty years.
RECOVERY/DISCOVERY/SEIZURE - Refers to any seized, abandoned, or purchased (undercover) explosives/military ordnance

materials taken into custody by
PNP or other law enforcement agencies.
REKINDLE - A return to flaming combustion after incomplete extinguishment, such as fire reigning at some time after being put
out.
RES GESTAE – Statement accompanying and explaining the facts in issue.

Statements, otherwise inadmissible in evidence because they are hearsay, which are sufficiently contemporaneous with the act
they accompany and explain, admissible in evidences as part of the “res gestae”.
RIGHT OF PUBLICITY – The inherent right of every human being to control the commercial use of his or her identity.
ROBBERY – The taking of personal property belonging to another with intent to gain, by means of violence against or intimidation
of any person, or using force upon anything.
SEPARATION OF POWERS – A basic concept under our Constitution, embodying the principle of a tripartite division of government
authority entrusted to Congress, the President, and the Supreme Court as well as such inferior courts as may be created by law.
Three independent departments of government are thus provided for, the legislative vested with the lawmaking function, the
executive with the enforcement of what has been thus enacted, and the judiciary with the administration of justice, deciding cases
according to law. The reason for such a doctrine is to assure liberty, no one branch being enabled to arrogate unto itself the whole
power to govern and thus in a position to impose its unfettered will.
SERVICE OF SUMMONS – A notice to the defendant informing him that an action has been commenced against him which he must
answer within a specified time, or else judgment with is taken against him. It is the means by which the defendant is afforded an
opportunity, and rights, and thereby has them safe in the defense of his person, property, and rights, and thereby have those
safeguarded. The principal object of this process is to give the party to whom it is addressed a notice of proceedings against him.
SEXUAL ABUSE – Includes the employment, use, persuasion, inducement, enticement or coercion of a child to engage in, or assist
another person to engage in, PNP Criminal Investigation Manual 2011 xlv sexual intercourse or lascivious conduct or the
molestation, prostitution, or incest with children.
SPIRIT OF THE LAW – The intent and purpose of the lawmaker, or framer of the Constitution, as determined by a consideration for
the whole context thereof and, hence, of the letter of the law, in its entirety and the circumstances surrounding its enactment.
SOCIAL SERVICE PROVIDER – Licensed social workers of the DSWD, local social welfare and development office, and NGO’s workers
who provide and assist in the delivery of basic social welfare services such as but not limited to providing food, clothing temporary
shelter, psychosocial intervention, etc.
SPOT REPORT – Refers to an immediate initial investigative or incident report addressed to Higher Headquarters pertaining to the
commission of the crime, occurrence of natural or man-made disaster or unusual incidents involving loss of lives and damage of
properties.
STATE WITNESS – Requisites – The requisites for the discharge of an accused in order that he may be made for the prosecution
are: 1) Two or more persons are charged with the commission of the certain offense; 2) the petition for discharge is filed before
the defense has offered its evidence; 3) there is absolute necessity for the testimony of the defendant whose discharge is
requested 4) there is no other direct evidence available for the proper prosecution of the offense committed except the testimony
of said defendant; 5) the testimony of said defendant can be substantially corroborated in its material points; 6) said defendant
does not appear to be the most guilty; and 7) said defendant had not at any time been convicted of any offense involving moral
turpitude.
SUBSTANTIAL EVIDENCE – “Substantial Evidence” means more than a more scintilla; it is of a more substantial and relevant
consequence and excludes vague, uncertain and irrelevant matter, implying a quality of proof which induces conviction and makes
an impression on reason. It means that the one weighing the evidence takes into consideration all the facts presented to him and
all reasonable inferences, deductions and conclusions to be drawn there from, and, considering them in their entirety and relation
to each other, arrives at a fixed conviction.
SUBSTANTIVE DUE PROCESS – The constitutional guaranty that no person shall be deprived of his life, liberty, or property for
arbitrary reasons, such as a deprivation being constitutionally supportable only if the conduct from which the PNP Criminal
Investigation Manual 2011 xlvi deprivation flows is prescribed by reasonable legislation (that is, the enactment is within the scope
of legislative authority) reasonably applied (that is, for a purpose consonant with the purpose of the legislation itself).
SUICIDE – Taking one’s own life voluntarily and intentionally.
SUFFICIENT PROVOCATION – As a mitigating circumstance, provocation that is adequate to excite the person to commit the wrong
and proportionate to its gravity, and which must also immediately precede the act.
SUMMARY OF INFORMATION (SOI) – An intelligence report rendered regarding any illegal activity or violation of laws being
observed by intelligence operatives within a given area of responsibility. This is the usual basis of case operations hence
information received should be cared, validated, counter-checked, analyzed and evaluated.
SUPERVENING EVENT – A doctrine in criminal procedure which holds that where a new fact (such as a deformity) for which the
defendant is responsible has supervened and this new fact charges the character of the crime first imputed to him, so that,
together with the facts previously existing, it constitutes a new and distinct offense, no double jeopardy exists.
SUPPORTING DOCUMENTS – Any paper or document which is required to be submitted with the passport application supporting
claims to Filipino citizenship to complete the application for a passport without which such application would be deemed
incomplete or otherwise become subject to denial by the issuing authority.
SUSPECT OR SUSPECTS – Individual(s) who is/are pointed to be by the victim(s) and witness (es) to have had committed the crime
in issue. Subject person is not considered as a criminal unless otherwise his/her conviction is pronounced in the court.
TACTICAL INTERROGATION REPORT – The report rendered by an interrogator/ investigator which contains the following
information of subjects: a)Personal and family background; b) Educational background; c) Professional background; d) Criminal
activities/ associates, armaments; e) Plans.
TERRORISM - Any person who commits an act punishable under the Revised
Penal Code hereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order
to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism
THEFT - Theft is committed by any person who, with intent to gain but without violence against or intimidation of neither persons
nor force upon things, shall take personal property of another without the latter’s consent. PNP Criminal Investigation Manual
2011 xlvii
THE STATE – Shall refer to the Philippine government and its relevant government agencies, organizations and entities.
TRADEMARK - A word, slogan, design, picture, or any other symbol used to identify and distinguish goods. Any identifying symbol,
including a word, design, or shape of a product or container, that qualifies for legal status as a trademark, service mark, collective
mark, certification mark, trade name, or trade dress. Trademarks identify one seller's goods and distinguish them from goods sold
by others. They signify that all goods bearing the mark come from or are controlled by a single source and are of an equal level of
quality. A trademark is infringed by another if the second use causes of confusion of source, affiliation, connection, or sponsorship.
TRADE NAME – A symbol used to identify and distinguish companies, partnerships, and businesses, as opposed to marks used to
identify and distinguish goods or services.
TRADE SECRET – Business information that is the subject of reasonable efforts to preserve confidentiality and that has value
because it is not generally known in the trade. Such confidential information will be protected against those who obtain access
through improper methods or by a breach of confidence. Infringement of a trade secret is a type of unfair competition.
TRAFFICKING IN PERSONS –The recruitment, transport, transfer or harboring, or receipt of persons with or without 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 the person having control over another person for the purpose of exploitation or
the prostitution of others or others forms of sexual exploitation, forced labor, or services, slavery, servitude or the removal or sale
of organs.
TRAVEL DOCUMENT – A certification or identifying document containing the description and other personal circumstances of its
bearer, issued for direct travel to and from the Philippines valid for short periods or a particular trip. It is issued only to persons
whose claim to Philippine citizenship is doubtful or who fall under the category enumerated in Section 13 of this Act.
UNINTENTIONAL ABORTION – Any person who shall cause an abortion by violence, but not intentionally.
UNSCRUPULOUS – Unprincipled, or not scrupulous. So, a person who is without scruple would be one who is lacking in moral
integrity, or in principles; not adhering to ethical standards; careless; imprudent.
VENUE – Venues deals with the locality, the place where the suit may be had, while jurisdiction treats of the power of the court to
decide the case on the merits PNP Criminal Investigation Manual 2011 xlviii
VICTIM – The aggrieved party.
VICTIM COMMUNICATOR – The person to whom any demand has been or is likely to be made by the kidnapper and who is
expected by the offender to respond.
VICTIMOLOGY/VICTIM PROFILING – A detailed account of the victim’s lifestyle and personality assists in determining the nature of
the disappearance, the risk level of the victim and the type of person who could have committed the crime. Complete information
regarding the victim’s physical description, normal behavioral patterns, the family dynamics, and known friends and acquaintances
should be obtained as soon as possible.
VISA – An endorsement made on a travel document by consular officer at a Philippine Embassy or Consulate abroad denoting that
the visa application has been properly examined and that the bearer is permitted to proceed to the Philippines and request
permission from the Philippine Immigration authorities at the ports of entries to enter the country. The visa thus issued is not a
guarantee that the holder will be automatically admitted into the country, because the admission of foreign nationals into the
Philippines is a function of the immigration authorities at the port of entry.
VOLUNTARY SURRENDER – A surrender to be voluntary, as mitigating circumstances in criminal law, must be spontaneous,
showing the intent of the accused to submit him unconditionally to the authorities.
WAIVER – The doctrine of waiver, from its nature, applies ordinarily to all rights of privileges to which a person is legally entitled,
provided such rights or privileges belong to the individual and are intended solely for his benefit.
WATERBORNE DISASTER- A disaster occurring in water areas as a result of both natural and man-made causes, e.g. ship collision;
ships sank by typhoon, overloading resulting in mass drowning, dam collapse, flash floods and marine pollution.
GENERAL PRINCIPLES OF INVESTIGATION
This chapter will discuss the general and fundamental concepts and principles underlying investigation. This covers the
objectives of criminal investigation and other legal issues and concerns pertaining to identification of crimes and criminal or
offenders and obtaining evidence for court presentation.
Terms to Ponder in the Study of Criminal Investigation
1. Accused – a person officially charged for an offense and subject for litigation in court thru criminal proceedings
2. Crime – an act omitted or committed in violation of law. Generally, any act which deviate from common observance or
practice
3. Criminal – a person found to be guilty of a crime beyond reasonable doubt in criminal proceedings.
4. Felony – any act of omission or commission in violation of a Special Laws.
5. Investigation – an art and skill of searching, identifying and even locating a person, thing or place to attain and answer the
cardinals of investigation
6. Investigator – person charged to conduct investigation works and observed the rules and precautions in the pursuance of
investigation.
7. Law – any rule of conduct binding or controlling human actions and rights in an organized community.
8. Offender – a person who has been found in committing or violating what has been prohibited.
9. Offense – any act in omission or commission in violation of the Revised Penal code.
10. Suspect – a person identified to have been committed a crime in the absence of criminal charge before a competent
court of law.
Criminal Investigation, Defined
a. An accumulative effort and process of establishing a crime, identification and locating the perpetrator, and gathering of
facts and evidence for the guilt of the accused in court thru criminal proceedings.
b. Collection and analysis of facts/circumstances about person, things and places to identify the guilty party, locate the
whereabouts of the perpetrator/s and to provide admissible, reliable and strong evidence to establish the guilt of the
accused.
c. It is an art of determining the existence of crimes, identifying and locating the perpetrators/offenders, and gathering and
obtaining evidence for the guilt of the accused through criminal proceeding conducted by a competent court.
Discipline Involve in Criminal Investigation
Criminal Jurisprudence Criminalistics Police Intelligence

Criminal Laws Forensic Ballistic Surveillance
Special Laws Fingerprint Identification Undercover Operations
Rules on Evidence Lie Detection Intelligence Operations
Rules on Criminal Procedure Police Photography Reconnaissance
Questioned Document Examination
Forensic Chemistry
Goals of Criminal Investigation
1. Determination and establishment of the crime committed
a. There must be an act done in violation of a law.

b. All elements of the law violated must be established.
c. As much as possible, present the corpus delicti or body of the crime alleged.
2. Identification and arrest of the perpetrator
a. Confession and admission

 Confession – is the acknowledgement of crime a alleged.
 Admission – is the acknowledgement of a certain issue or part or some acts constituting the crime alleged.
 Extra Judicial Confession - An acknowledgement of guilt for the offense charged before a competent and
authorized authority in the presence of the confessor’s counselor in the absence of a counsel, relative of the
latter. Any statement obtained in the absence of the aforementioned authorities, the confession is admissible as
evidence in court.
b. Eyewitness – person who actually sought and having personal knowledge of the crime alleged
c. Associative Evidence – any evidence which directly connecting and identifying the perpetrator to the crime alleged
d. Circumstantial Evidence – an evidence establishing the identity of the perpetrator through modus operandi or manner of
committing the crime and established motive of the perpetrator
3. Gathering and obtaining evidence for the guilt of the accused
a. Evidence must be preserved and presented as it was gathered and obtained.

b. Legal precautions must be considered and observed to maintain the credibility of the evidence
c. Avery person who handled the evidence must be authorized
d. Any kind of examination that the evidence undergone should be in accordance with the procedures as allowed by the
laws on evidence
4. Filling appropriate case/charge and establishing the admissibility of evidence presented
a. Be sure to file a strong and appropriate case based on the established elements of the crime alleged.
b. Investigator-on-case must be ready to present himself as witness
c. Be sure to support any allegation in the complaint/case with sufficient evidence
In proving the guilt of the accused, the fact of the existence of the crime must be established; the defendant must be
identified and associated with the crime scene; competent and credible witnesses must be available; and the physical evidence
must be appropriately identified. However, the proof of the guilt will depend on the establishment of the essential elements of
the crime.
Mechanisms of Criminal Investigation
A. Information – includes any facts and evidence related to the issue under investigation. It may be in the form of testimony,
documents, and other real or physical evidence.
B. Interview – a simple method of gathering information thru simple asking of questions to a cooperative subject. This is effective if
the subject is very willing to divulge information.
Things to consider into a person being Interviewed
a. His ability to observe

b. His ability to remember
c. His ability to narrate
d. His mental weakness because of stupidity or infancy
e. His moral weakness because of drunkenness, drugs addiction, his being as pathological liar or similar factors.
f. Emotional weakness resulted by family problems, hatred, revenue, and love.
The Interviewer’ Traits
a. Must be practical psychologist who understands the human psyche and behavior.
b. Has a sincere interest in people.
c. Calm, has self-discipline, and keeps his temper.
d. Courteous, descent, and sensitive
e. Self-assumed and professional, tactful, knows what to say when, and how to say it.
f. Cordial and agreeable, and never officious; avoid over-familiarity
g. Forceful, persistent and patient
h. Analytical, flexible, and cautious
i. Good actor and can conceal his own emotion
j. Avoid third degree tactics and never deviates from the fundamental principle that a person must be treated according to
humanitarian and legal precepts.
k. Keep the Rules on Evidence in mind
Planning an Interview
Before the interview, the law enforcer should review the case and consider what information the witness can divulge. The
interviewer should consider the following:
1. The facts of the case which have been establish

2. The information needed to complete the hypothesis of the case
3. The source of information that may be consulted such as files and records
4. The possibility of confronting the suspect with physical evidence
5. The time available for the interview commentiorate to the time allowed by law
6. The psycho-physiological condition of the subject
7. Motive of the subject in giving information
Time and Place of Interview
1. It is not possible to fix the time and place of interview, but since memory is short, it is basic that an interview with the
witness and suspect(s) should take place as soon as possible after the commission of the crime
2. Interview of arrested person should be made as soon as possible after arrest
3. Conduct interviews whenever possible in your own turf
4. Have an interview room where there will be privacy. There should be few furniture and no distracting pictures, calendars
or similar items
5. Arrange it so that there will be no ,interruption during the interview
6. Suspects should be interviewed separately and out of sight and earshot of each other
7. If there are two interviewer, let one man be the prime interviewer
8. Window light should falls on the interviewee and not on the interviewer
9. The interviewer should adopt his speech to the style best understand by the subject. The interviewer should adapt simple
words and sentences.
10. Straight-back chairs should be used for both subject and interviewer for conduciveness
11. The interviewer should remain seated and refrain from pacing about the room
Precautions in Questioning
1. Dominate the interview, never allows your subject to be the one asking questions
2. Do not ramble, have a reason for every questioned asked
3. Follow the order of time and bring out the fats in that order (Chronological Questioning)
4. Exhaust each topic before going to another topic
5. Determine the basis for each material statement, it might be a hearsay
6. Keep your questions simple and understandable
7. Avoid the danger of leading and misleading questions
8. Wait for the answer to one question before asking another one
9. Ask important questions in the same tone of voice as the unimportant ones
10. As a rule, avoid trick or bluffing questions
C. Interrogation – a form of tactical investigation whereby the interrogator obtain information strategically
Objectives of Interrogation
1. To obtain confession to the crime

2. To induce the subject to make an admission
3. To learn the facts and circumstances surrounding the crime
4. To learn the identity of the accomplices
5. To develop information which will lead to the recovery of the fruits of the crime
6. To discover the details of other crimes participated in by the suspect
Types of Interrogation
1. Narrative Type - The interrogator gets the subject’s story thru narration. The investigator must be observant of all
conditions and words of the subject; suspect every statement of the subject.
2. Question and Answer Type - The art of raising questions, the investigator must be aware on every answer of the subject.
This presupposes a great deal of knowledge by the investigator about the case and the subject
Techniques of Interrogation
1. Emotional Appeal - The art of combining the character of an actor and a psychologist
2. Sympathetic Approach - Friendliness could be able to win the sympathy and cooperation of the subject
3. Friendliness - A friendly approach may induce the subject to confess
a. The Helpful Advisor
b. The Sympathetic Brother
c. Extenuation
d. Shifting the Blame
e. Mutt and Jeff Character
f. Creating or Increasing the feeling of Anxiety
 Ways of inducing anxiety
 Exaggerating fear
 Greater or lesser guilt
 The Police Line-up
 Reverse Line-up
 Bluff of the Split Pair
4. Stern Approach
a. Pretense of Physical Evidence - The investigator may pretend that certain evidence has been found by laboratory
experts against the subject
b. Jolting - By constantly observing the subject, the investigator chooses a propitious moment to shout a pertinent
question and appear as though he is beside himself with range.
c. Indifference – The investigator will discuss the case with other investigator in the presence of the subject. The
purpose of the discussion is to induce the subject to pleads them.
d. Questioning as a formality – The investigator makes it appear that the questioning is just a part of formality. He
must give the impression that he knows the answer, but he is asked to ask the question in consideration on the
right s of the subject
e. Affording an opportunity to lie – Inducing the subject to tell what he knows about the offense, the victim, the
complainant, possible suspects and the circumstances surrounding the his involvement in the case
Psychological Symptoms of Guilt
1. Sweating 4. Increase of pulse rate 7. Cannot look straight to the eyes

2. Color change 5. Abnormal breathing
3. Dry mouth 6. Abnormal breathing
D. Instrumentation – the use and application of scientific instruments in the conduct of investigation.
THE CRIMINAL INVESTIGATOR
Qualifications of an Investigator
1. Keen power of observation

2. Rational thinker
3. Knowledgeable in the different laws concerning crimes, evidence, arrest, scientific investigation, right of the victim and
the accused and in establishing modus operandi
4. Intellectual power - the ability to interpret things being observed and encountered
5. Cooperative - has the ability to observe and establish “team work” among other investigators
6. Has the Sense of Professionalism
7. Reliable, honest, physical and mentally fit to investigation works
Basic Functions of an Investigator

1. Providing necessary assistance
2. Protecting the crime scene
3. Taking photographs and make sketches of the crime scene
4. Taking notes and writing reports
5. Searching, obtaining and processing physical evidence
6. Obtaining information from the witnesses and suspects
7. Identifying suspects
8. Conducting raids, surveillance, stakeout and undercover assignments and other clandestine operations
9. Testifying in court
10. Investigation, monitoring and research
The need of Informants and Informers
1. Informers – a person who gives information usually in return of something, favor or gifts.
2. Informants – a person divulging information related to the issue under investigation
Types of Informant
1. Criminal Informant
A type of informant who gives information to the police pertaining to the underworld about organized criminals
with the understanding that his identity will be protected; someone who provides privileged information about a person
or organization to an agency, usually law enforcement, without the consent of that person or organization.
2. Confidential informant
Is similar to the former but he gives any information violate of the law to includes crimes and crime; someone
who provides privileged information about a person or organization to an agency, usually law enforcement, without the
consent of that person or organization
3. Voluntary Informant – a type of informant who gives info freely and willfully as a witness to a certain act.
4. Special Informant – gives info concerning specialized cases only and it is regarded as a special treatment by the operatives
(ex. Teacher, businessman)
5. Anonymous Informant – gives information thru telephone or letters with hope that the informant cannot be identified.
Sub-type of Informant
1. Incidental Informant – a person who usually imparts information to an officer with no intention or providing subsequent
information.
2. Recruited Informant – a person who is selected, cultivated and developed into a continues source of information
regarding police targets.
Different Categories of Recruited Informants
1. Spontaneous or Automatic Informant – informants who by the nature of their work or position in society have a certain
legal, moral and ethical responsibilities to report information to law enforcement agencies.
2. Ordinary Run of the Mill Informants – informants that are not under the compulsion to report into the police.
3. Special Employee – informants who are of a specific operational nature. They are hired to perform assignments on an
as-needed basis. Special employees include, but are not limited to, on-call employees, per diem employees, employees
hired to work 10 or fewer hours per week, minor employees, and temporary staffing service employees.
ARREST, SEARCH AND SEIZURE
Arrest – the taking of a person into legal custody that he may be bound to answer for the commission of an offense. (Rule 113,
RCP)
Fundamental Points of Arrest
a. The mere deprivation of one’s liberty constitutes an arrest.

b. As a general rule, no arrest should be made unless in the presence of a valid warrant except:
 In the presence of the arresting officer, the person to be arrested is about, actually, or has just been
committed a crime
 If the crime has just been committed and the arresting officer has the personal knowledge that the
person to be arrested was the one who did it.
 When the person to be arrested is an escape prisoner while being transferred to another penal
institution
c. No unnecessary force must be inflicted; nevertheless, force can be utilized as a last resort in effecting an arrest
d. Only a police officer can break any enclosure just to effect arrest or escape from being trapped inside a building
while effecting an arrest
e. Provisions of the Revised Penal Code (Art. 125) must be observed in Warrantless arrest; delivery of an arrested
person to the nearest proper judicial authorities.
 Grave Offense – within 36 hours upon arrest
 Less Grave Offense – within 18 hours upon arrest
 Light Offense – within 12 hours upon arrest
f. Warrant of arrest has no expiration, only, the peace officer should make a report address to the issuing judge
stating therein the reasons of his failure to affect the warrant.
g. Arrest warrant can be effected any time of the day or night; there is no such specified time to effect the warrant.
h. As a general rule, only judicial court has the power t issue warrant, however, the Senate or House of
Representatives can also issue warrant provided and because:
 The issuance must be done as a collegial body and in accordance with their internal rules
 Their power to issue warrant is inherent to carry out its legislative functions, and
 Has the implied power, of legislative investigation or inquiry.
i. A police officer may summon assistance of any person in effecting an arrest.
Rights of the Accused under Custodial Investigation (RA 7438)
1. RA 7438 provides the rights of a person under custodial investigation.

2. Custodial investigation begins upon arrest of a person/suspect.
3. Rights of an accused under custodial investigation derived from the landmark case of Miranda vs. Arizona
4. Basically, upon arrest, the person arrested must be informed of his Miranda Rights
5. However, Miranda Rights is only necessary if the person arresting intends to acquire information from the suspect
which later be used as evidence against him.
The Miranda Doctrine – the doctrine governing the mandated rights of an accused under custodial investigation
 The right to remain silent

 The right to have counsel preferably the choice of the accused
 The right to be informed on the nature of the offense charged against the accused.
Effects of Miranda Rights
 Any statement, admission or even confession is inadmissible as evidence in court

 The investigator may be held criminally liable for the violation of the law.
Search and Seizure
Search – an examination of a man’s house, or building or premises or of his person with a view to the discovery of contraband or
illicit property as evidence.
Seizure – the physical taking of the property subject of the search.
Search Warrant – an order in writing issued in the name of the People of the Philippines, signed by a judge directing a peace
officer to search and seized personal property described therein.
Personal Property to be Seized
1. Property subject of the offense

2. Property stolen, embezzled and other proceeds of an offense
3. Property used or intended to be used in committing an offense.
Requisites of a search warrant – A search warrant shall not be issued except upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath or affirmation of the complainant or witness he
may produce, and describing particularly the place and things to be seized.
Exception to the Search Warrant Rule
1. Execution of arrest warrants 6. Plain view/Plain feel 11. Crime scene search
2. Frisks 7. Abandoned property
3. Search incidental to arrest 8. Open fields
4. Automobiles 9. Inventory
5. Consent 10. Exigent circumstances
Stop and Frisk –is the apprehension of a suspicious person which is neither an arrest nor actual search. (Terry vs. Ohio)
Nature of Stop and frisk
1. Brief detention of a suspicious person for inquiry

2. If the person is suspected to be armed, patting down his outer clothing is allowed
Precautions in performing Stop and Frisk
1. The detention should not fall into arrest, but just an act of inquiry or verification
2. The search is limited only on patting down outer clothing to verify suspicion on the existence of deadly weapon or
any contraband.
3. Actual search may be allowed upon consent of the suspect.
When to Stop a Person - The STOP in stop and frisk must be based on a reasonable or probable suspicion that the person is about
or actually engage in committing a crime.
1. The person does not fit the place and time

2. The person fits the description of a suspect
3. The person is acting strangely or is known to be associated with criminals
4. The person is loitering or runs away
5. The person is present at the crime scene or the area is known to be a high-crime area
When to Frisk - The FRISK in stop and frisk is conducted for the officer’s safety and must be based on probable suspicion that the
person is armed. The following should be considered in conducting frisk:
1. The nat5ure of the suspected criminal activity and whether a weapon would be used.
2. Number of suspects and their emotional and physical state.
3. The time and the condition of the environs
4. Prior knowledge of the officer about the person
5. The behavior and the ability of the subject
6. Attending circumstances as the officer apprehend the subject
Stop and Frisk vs. Arrest and search
ACTION STOP AND FRISK ARREST AND SEARCH

Justification Reasonable/probable suspicion Probable cause
Warrant None Either warranted or warrantless
Officer’s intent Investigation of suspicious activity Make formal charge
Search “Pat-down” for possible existence of Full search for weapons and evidence
weapon
Scope Outer clothing Area within the suspect’s immediate
control
Record Minimal field notes Fingerprints, photographs and booking
GENERAL CRIME SCENE PROCEDURE
1. Crime Scene Assessment and Isolation

2. Recording
Notes at the crime scene should be made in the order of the various phases of the examination. By placing the
documented notes in a chronological order will systemized the investigation, and will avoid possible error, make the notes
clear, legible, complete, and to the point. Always recheck the notes to see that nothing is forgotten.
3. Searching for evidence
4. Collection of evidence
5. Tagging and labeling of evidence
6. Preservation of evidence
7. Releasing the crime scene
Standard Methods of Recording Investigative Data
a. Photographs e. Gathering physical evidence

b. Sketch of the crime scene f. Plaster casting
c. Written notes g. Tape/Video tape recording
d. Developing and lifting fingerprints (latent prints) h. Written statements of subjects
Methods of Crime Scene Search and investigation
1. Strip Method. Start along one side of the crime scene and walk in a straight line across the area to be search.
2. Grid Method. The advantage of the grid method, also known as the double strip method, is that you overlap your area of
search several times.
3. Spiral Method. With this method, you start at a specific point near the center of the crime scene and then work your way
outward in a clockwise manner.
4. Zone Method. Here, you divide your area to be searched into four smaller square areas.
The examination of the crime scene is a crucial task that has to be attended by the investigator, especially, in serious
crimes like murder, homicide, robbery, arson, rape, and the like. The scene of the crime is the source of all of the leads which
follow. The crime scene provides the investigator with a starting point in the search for the offender and furthering his
investigation for more evidence.
Duties of first officer at the crime scene
The success of an investigation depends to a large extent on the actions taken by the first officer to arrive at the crime
scene. He should follow correct procedures – not to make errors - by what he does or fail to do.
Rules of Crime Scene Search and Investigation
1. Assess and immediately protect and preserve the crime scene by isolating it.
2. Administer first aid while obtaining possible dying declaration from the victim if he is still alive
3. If possible, observe and subject all by-standers at the crime scene for possible identification of suspect/s and for future
reference
4. Observe proper search of the crime scene and do not allow unauthorized person to enter
5. Be sure to properly lock, protect and preserve the area before crime scene termination for possible conduct of another
crime scene investigation
Nothing at the crime scene may be moved unless absolutely necessary. Do not walk around the scene to satisfy curiosity by
touching things. Evidence must be sketched, measured and photograph before removing or taking it from the crime scene.
Crime scene notes
Notes at the crime scene should be made in the order of the various phases of the examination. By placing the documented
notes in a chronological order will systemized the investigation, and will avoid possible error, make the notes clear, legible,
complete, and to the point. Always recheck the notes to see that nothing is forgotten.
Crime Scene Photographs
“A picture is worth a thousand words”. In crime scene investigation, photography is invaluable. There cannot be instant
replay of the crime; but the crime scene can be preserved with photograph. The main function of a crime scene photograph is to
provide information which will assist in the investigation and prosecution of the scene. Photographs are valuable in three areas:
 They provide the police and prosecutor with an accurate pictorial of the appearance of object in position at the
crime scene.
 They aid in the questioning of suspects and witnesses.
 The will enable the judge to gain a better understanding of the crime scene and evidence so that he, in turn, can
evaluate testimony of the witness in an intelligent manner.
Photographs must show the relationship of various object of evidence to one another and to the crime itself. Each object
must include their backgrounds in the photograph. Usually, a large number of photographs must be taken to ensure complete
coverage. The type of photographs usually includes:
 Overall photographs showing a general view of the scene and its surrounding.
 The attack scene and its surrounding.
 Photographs of evidence in places before anyone move anything.
 Photographs of fingerprints, tire marks, shoe tracks, etc.
Due to the fact that many courts object to markings or markings devices appearing in the photograph, it should be taken in
two ways:
 First, with no markings in the photograph.
 Second, with the marker in the photograph.
A complete record of each photograph taken should be made in the investigator notebook. The record should include the ff.:
 Identify the photograph with the offense.

 The name of the photographer
 The camera position.
 Date and time taken.
 Weather and light conditions.
 Exposure data.
 The type of equipment used
Crime Scene Sketches
A sketch need not be artistically perfect. A simple line drawing with accurate measurement is sufficient and must relate to the
case only. Crime scene sketch must indicate important dimensions and a degree of accuracy. Legally, for a sketch or diagram
to be admissible in court, it must:
 Be part of some qualified person’s testimony;

 Relate the observed situation (the person must have seen the area)
 Express it (the crime scene) correctly.
A sketch is made for several important reasons:
 To refresh the memory of the investigator ;

 To refresh the precise location of objects and their relationship to other object and surrounding;
 To assist the prosecutor and the judge in the understanding conditions at the crime scene;
 To supplement photograph;
 To assist in questioning of witness and suspect.
Rules for field sketching
1. Essential details. Before starting to draw the sketch, the investigator must decide what and how much to include in the
sketch.
2. Keep it simple. To be effective the sketch should be kept as simple as possible.
3. Be complete. The drawing should not clutter with irrelevant items, but it should be made complete enough to permit
construction of a detailed drawing later.
4. Directional points. The investigator should orient all sketches by indicating the direction with an arrow on the sketch
pointing north.
5. Include measurement. The exact position of all important object should be located by making accurate measurement.
6. Stationary object. The position of object should be recorded relative to stationary object, such as: walls, windows, doors,
trees or curbs.
7. Measuring tape. Use a steel tape to measure accurately the position of things observed.
8. Chalk marks. If necessary, mark the points between which the measurement are be to be made.
Type of sketches
1. Sketch of locality. The sketch of locality gives a picture of the crime scene and its environs.
2. Sketch of ground. The sketch of ground pictures the scene of the crime with its nearest physical surrounding.
3. Sketch of details. The sketch of details describes the immediate scene only.
4. Cross projection. The cross projection method is sometimes used for this type of sketch.
THE PHYSICAL EVIDENCE
The methods and techniques to employ in the collection, handling and preservation of physical evidence at the crime
scene of any major crime depend upon the nature of the object to be collected. The following factors must be considered in
the collection of evidence at the crime scene:
1. Kind of specimen
2. Technique for handling
3. Method of markings
4. Quantity if specimen and standard specimen
5. Preservation and packing

6. Investigative value
Basic type of Physical Evidence
Some commonly basic types of physical evidence that may be encountered in any particular crime scene will include the
following:
1. Blood 7. Fingernail scrapings 13. Paint

2. Bullets 8. Firearm 14. Serial number restoration
3. Cartridge cases 9. Tools marks 15. Shot and powder pattern
4. Clothing 10. Glass 16. Slugs and shells
5. Explosive residues 11. Hair 17. Soil
6. Fibers 12. Incendiary materials 18. Wood
BLOOD - Blood becomes important evidence in homicides, assaults, robberies, or other cases where it may be spilled. Consider the
following procedures in collecting blood or any liquid sample at the crime scene:
1. Use a clean, disposable pipette or eyedropper for each sample collected.

2. Place the sample in a small container, avoiding excess air space, because air will cause the same to dry.
3. If the amount of blood is minimal, collection may best be made by placing the sample in a normal saline solution (1
teaspoon salt in 1 quart of distilled water).
4. Refrigerate sample in saline solution as soon as possible.
5. Do not mix areas where samples are collected.
6. Use a clean container and collection tools for each area of the scene where blood samples are found.
7. Above all, avoid contaminating the samples by re-using collection tools.
When blood evidence is involved in the investigation, be sure to obtain:
1. Statement relative to the origin of the blood stains

2. Blood samples from all parties concerned
3. Saliva if typing is to be done from other than blood stains
To collect dried blood:
1. On absorbent surfaces bring in the entire object or cut out the stained area and bring to laboratory
2. On non-absorbent surfaces scrape up the sample and place in container, or if possible , submit the entire article
3. If sample is scraped from surface, also scrape a portion of the surface where no blood is present and submit in a separate
container for control in case some substance on the surface causes difficulty in test.
To collect wet blood on clothing:
1. Do not fold the clothing as it may destroy the stain pattern

2. Do not package while the stain is still wet
3. Allow the clothing to dry in room before packaging
4. Do not expose to sunlight or high temperature, as they may destroy actors which allow blood typing.
HAIR - Hair may be found almost at any place at a crime scene. It is often found on the clothing of the victim and suspects have
come into physical contact with each other. Hence; samples must be taken from all parties concerned
1. Take samples of head hair from the top, the back, and each side of the head
2. Take by combing, pulling or u=cutting close to root
3. Take at least a dozen hairs from each location
4. In rape case, take two samples from both the victim and the suspect.
5. Each of these samples should be collected in separate containers and properly labeled
6. Identify hairs carefully as to exact location found
7. Do not mix hairs found in different location
8. Place the hair in the folded paper and put it in the envelope or glass vial and seal
9. Do not tape the hair to an object as this alters the hair and destroys any debris adhering to it.
Fingernail Scrapings - In cases where physical contact has been made, fingernail scrapings should be obtained.
1. Clean each fingernail with a clean fingernail file

2. Place the scrapings from each finger on already Labeled paper with notation of which finger it came from
3. Place the scrapings from each finger in a separate envelope or glass vial
4. Fingernail scrapings should be obtained from both the victim and the suspect
5. If the suspect’s hands were contaminated with blood, note this on the container.
Clothing - The clothing of both the victim and the suspect are often good sources of trace evidence in practically a variety of crime.
The cuffs, seams, pockets, shoe edge, shoe soles and heel are all good potential sources of physical evidence.
1. Collect all the outer clothing

2. Be careful not to shake off trace evidence when clothing is removed
3. Have subject stand on clean paper when undressing, then place the folded paper in the container with the clothing
4. Dead bodies should be undressed over a clean sheet to avoid loss of trace evidence
5. Package each item of clothing separately
6. Be careful to identify each item and properly label
7. Establish if this is the clothing worn at the time of the crime
8. Do not rely on others to collect clothing at hospital and mortuaries. this may complicate identification later
9. Keep a tight “chain of custody” as clothing is often the most important single item of evidence and ownership maybe
disputed.
Fibers - Fibers are excellent trace evidence when clothing cross contamination takes place.
1. Treat and package fibers in the same manner as hair

2. Be extremely careful not to cross contaminate during the collection process
3. Collect the clothing which is considered to be the source of the fiber
4. Do not shake items as this may dislodge the fibers.
Glass - Glass may be important evidence in robberies and hit-in-run cases.
1. Samples should be collected from each broken piece of glass at crime scene
2. These should be packaged individually in glass vials or envelopes
3. In hit-in-run cases, collect all broken glass to ensure the possibility of a physical match, should fragment be found on
suspect’s vehicle.
Paint - Paint traces are often found in clothing and as transfer on tools and automobiles.
1. When collecting clothing paint fragment, avoid crumbling the fragment

2. The shape of the fragment may be able to be marched to a missing paint area on an item involved in the case
3. In case where paint has been transferred from item to another, collect a sample of the foreign paint and a sample of the
uncontaminated paint which belongs on the particular surface
4. Package these in separate container
5. When collecting the uncontaminated paint, collect close to the damaged area
6. Collect each sample by cutting or chipping and place them in clean vials
7. Labeled each sample as to t5he exact location in which it was found
8. Do not mix samples from various location
9. Take two samples for every distinctly different surface area.
Wood - Wood may important evidence in robbery case where forced entry is done through wooden material, and automobile
hit-in-run property damage cases.
1. Get fairly large samples from a spot near the area destroyed
2. Include all coating of paint, tar, roofing, etc.
3. Place samples in clear paper bags, identify and labeled them.
Soil - Soil sometimes has a great deal of evidential value.
1. Collect one ounce from areas the suspect’s shoe may have contacted and collect numerous samples from various location
where the suspect may have traveled
2. If an impression is dug, such as a grave, collect samples at various depths
3. If large hole, collect samples at different location at various depth.
4. When collecting, do not mix samples from different areas
5. Package and seal in tight containers such as glass vials
6. When collecting samples from vehicles, collect blobs which may have come from the same location and place in separate
containers
7. Do not scrape all the dirt together into one container.
Incendiary material - Incendiary materials must be found to establish the corpus delicti in arson cases.
1. Airtight jars or cans are the only safe containers for this type of evidence
2. Use a separate jar for each location
3. Collect samples from areas of possible origin or which give response to a hydro-carbon sniffer
4. Collect any uncharred material near area of origin
5. Samples are needed for comparison and must be collected from such sources as service station or hardware stores in the
area where incendiary material may have been purchased,and from containers owned by the suspect.
Tools and tool marks
1. Handle tools with care and protect the tips so that any paint chips or other traces which might be on them will not be lost
2. If possible, remove the portion of the item which contains the tool mark and submit it nti the laboratory along with any
suspects tools
3. Mark the item with tool mark and all tools and identify them as tom where and when they were obtained.
Firearms
1. Firearm must be handled very carefully, not only as a safety factor, but to avoid disturbing any evidence they may provide
2. They must be properly marked for later identification
3. Never insert anything in the barrel as this may damage it in identifying characteristics and dislodge material which may be
inside the barrel.
4. Pick up the weapon by the trigger guard or checkered grip so as not to disturb any fingerprint
5. Unload but do not wipe or clean the weapon
6. When unloading, carefully record the location of fired, unfired and misfired cartridges
7. Record the serial number description of the weapon
8. Firearm with no serial number should be marked with initial on the receiver or the underside of the barrel
9. Never use “X” or other non-individual type of marking
10. Do not mark the weapon on any easily removable part such as the stock or grips
11. Use description so as not to disfigure the weapon.
Bullets - A bullet can provide information about the type and make of ammunition.
1. Handle the bullet so as not to dislodge any extraneous materials or damage the marking
2. If a bullet is lodged in wood or similar material, cut out the section and bring to the laboratory
3. At autopsies, request the use of hands or rubber-tipped forces to minimize the possibility of damage to the bullet
4. Wrap each bullet separately in tissue or cotton to prevent damage and place in a container
5. Mark initials on the base or side of the bullet
6. If the bullet is too small to be easily marked or there is a possibility of dislodging evidence from the nose, seal the date
and information as to where and when the firearm was found unto the container
7. If there is more than one bullet, mark the order in which they were found and the exact location.
Cartridge cases - Cartridge case can provide vital information as to the weapon used.
1. Handle cartridge cases so as not to add any scratches or marks

2. Wrap each one separately to prevent damage
3. Be sure to note specific location in which each was found
4. Mark by scratching initials on the inside of the case or on the outside near the bullet end of the case
5. If inscribing initials might damage the markings, seal the cartridge case in a container and mark initials on the container
and indicate where it was found.
Shotgun shells
1. Handle shotgun shells in the same manner as in cartridge cases

2. If shell are waxed, scrape off the wax and mark initials with a pen
3. If plastic, scratch initials into the plastic with a sharp tool
4. Never mark on the brass portion
Shotgun pellet and wads - Shotgun pellets and wads may indicate the size and type of ammunition used.
1. Recover as many as possible

2. At least 4 or 5 are needed for accurate sizing
3. Always dry the wads before packaging to prevent deterioration.
4. Do not mark the items, but seal them in container and mark the containers with initial, and where and when the items
were obtained.
Serial number restoration
1. Do not attempt to raise the number, yourself, but bring the items to the laboratory, if practical
2. If not practicable, contact the laboratory for instructions
3. Obtain any information as to type of metal in the item, as different type of metals require different chemicals for
developing the numbers.
Powder residues - Powder residue can indicate whether a hole was by a bullet and can differentiate between entrance and exit
holes. Package material carefully in order not to destroy powder residues.
Explosive residues
1. The best leads as to the type of explosive used are such things as container, detonating devices, and other parts of the
explosive devices
2. Obtain all available materials described above
3. Normally, only one item from the immediate point of explosion will be of value in making examine for residues.
Chain of custody
Once physical evidence has been collected, it must be properly handled by each person who comes in contact with it. A record
must be attached to the evidence package listing each person who has been custody of the evidence and the dates on which that
authorized person had possession of the evidence.
COLLECTION, HANDLING AND PRESERVATION OF PHYSICAL EVIDENCE
Table A.
Specimen Arson or fire bomb Arson or fire bomb
1. Liquid 1. Non-liquid; i.e., ashes and debris

taken from point of origin and all
mechanical or electrical devices which
may have been used to ignite the fire.
Technique for handling Leave in original container. Check for latent Use tweezers for small particles.
prints. Remove liquid from original container Handle with extreme care. Use piece of
for latent print. stiff paper to slide under ash.
Method of marking Place a label on the outside of container Same as liquid fire bomb.
indicating the place where specimen was
taken, date, time, complaint number, and
name of submitting officer.
Quantity of specimen and standard Up to 4 ounces. No standard needed. All specimens. No standard needed.
needed
Preservation and packing Place in 4 ounce metal container and seal Place the specimen in a clean and dry
securely. To insure chain of custody, place a container. Handle as carefully as
seal of masking tape or packaging tape over possible to keep specimen intact.
top and have submitting officer sign.
Investigative value Used to determine the properties and the Used to determine the element utilized
fluid, which may be utilized investigation to create the fire, thereby possibly
leads. finding a modus operandi.
Table B.
specimen Blood Blood
Liquid(known samples) Questioned samples

Techniques for handling Dried blood: on absorbent surfaces, bring in same as liquid blood
the entire object or cut out the stained area.
on non-absorbent surfaces, scrape up the
sample and place in container, or if possible,
submit entire article.
Wet blood: do not fold the clothing as it may
destroy the stain pattern. Do not package
while the stain is still wet.
Method of marking Use adhesive tape outside of test tube. Name Same as liquid blood
of donor, date taken, doctor’s name, name or
initials of submitting officer and complaint
number.
Quantity of specimen and 5 cc. in sterile tube. No standard needed. up to 5 cc. no standard needed
standard needed
Preservation and packing Sterile test tube only. No preservation for Collect by using eyedropper or clean
grouping tests. Wrap in cotton or soft paper. spoon. When possible use a clean test
tube, otherwise transfer blood to a
nonporous surface. Allow to dry and
submit in pillbox which can be sealed.
Investigative value Used to determine blood group and content Used to determine blood group and
of alcohol in blood. nature of blood (whether human or
animal)
Table C.
Specimen Clothing Documents Hair
(contaminated) (Letters, notes, checks, etc.)
Techniques for handling Care must be taken not to Used tweezers. Do not place Carefully remove hairs from crime
loosen any trace materials tweezers over any obvious scene with a pair of tweezers.
from the garment. smudge. Protect for latent
prints.
Method of marking Use string tag and label all Place initial and date on Mark container with name of
pertinent data shall be outside of the sealed submitting officer, and other
furnished envelope or other container pertinent data. Separate
used to package the questioned and known pieces.
document. Do not mark on
document.
Quantity of specimen and All clothing. No standard All documents. No standard All portion of hair found at scene.
standard needed needed. needed. Twenty or more full length hairs
from body and head, when
possible.
Preservation and packing Pack only when dry. Do Document should be Fold clean sheet of paper, place
not cut through handled, folded and marked hair in fold, and place in
contaminated portion of as little as possible. if folding envelope.
clothes .each article will be cannot be avoided the fold
wrapped individually in a should be along old lines.
clean dry evidence bag. Place in proper enclosure and
seal with transparent tape.
Investigative value Used to determine what Used to determine possible Used to determine color,
the combination is; blood, identity of authorship and to structure, etc.,
powder burns, semen, etc. check for fingerprint,
alteration, erasure or forgery.
Table D.
Specimen Fibers Glass (Fragments) Glass (Particles)

Techniques for handling Fibers are usually obtained Use fingers on the edge of Use tweezers for pieces too small
through vacuum sweeping the larger pieces. Do not for finger
with a special attachment touch flat surfaces. Do not
grasp over obvious smudges.
process for latent print
where indicated
Method of marking Label outside of sealed Mark container with name of Same as for glass fragment
container submitting officer, and other
pertinent data.
Quantity of specimen and All fibers. Original garment All fragment. No standard All percales. Three inches piece of
standard needed or cloth, if possible. needed broken item as standard.
Preservation and packing Pack in folded paper and Wrap each piece in cotton or Place in pillbox, seal , and protect
place in envelope or soft paper. Pack to prevent from further breakage.
pillbox/ seal tightly to shifting and further breakage.

prevent loss.
Investigative value Use to compare fiber at Used to identify fragment Same as for glass fragment
scene with suspect taken from scene of crime.
material. Used to determine direction
of break force.
Table E.
Specimen Fingerprints Fingerprints Impressions

(Latent lifts) (Paper for chemical (Footprints, tire prints and small
processing) impression)
Technique for handling Never touch any object Paper should be handled Using wood, metal, heavy
tested for latent prints as little as possible. Do not cardboard, plastic or other similar
with bare hands. Always fold, and roll only when material, construct a barrier around
use gloves or some absolutely necessary. use the impression for protection. Prior
mechanical device for tweezers if possible. to casting should be taken.
picking up and holding the photograph
object.
Method of marking On the back of the card to Same as for latent prints Photograph the impression and
which the prints are include a ruler in the picture to keep
transferred. All pertinent in proper perspective.
information shall be
furnished.
Quantity of specimen and All latent prints. The Same as for latent prints Enough photographs to show full
standard needed names of all officers at the impression from all angles.
scene and elimination
prints of all people who
have legal access to the
area or object in question.
Preservation and packing the print shall be Paper should be handled, Place in property envelope and seal.
transferred from the folded and marked as little
object to a non-porous as possible. If folding
card. cannot be avoided the fold
should be along old lines.
Investigative value Used to determine Used to determine if latent Used for comparison purposes.
positively who was at the prints are present.
scene.
Table F.
Specimen Firearms (Handgun) Firearms (Rifle or shotgun)
Technique for handling Handle only by the knurled portion Handle by trigger guard edge and the serrated
of handgrip, until processed for parts of the stock and for piece as purchase
fingerprint. points.
Method of marking Scratch initial or marks of Same as for handgun
identification in an inconspicuous
place on the frame.
Quantity of specimen and standard all. No standard needed All. No standard needed
needed
Preservation and packing Attach string tag with pertinent Attach string tag with pertinent information
information included on it. Place in include.
heavy paper envelope.

Investigative value Used to determine if weapon was Same as for handguns.
fired or for firearms identification.
Table G
Specimen Ammunition Ammunition Ammunition

(Fired bullets) (Unfired Bullet and Cartridge (Fired Cartridge Case)
case)
Technique for handling Use tweezers with taped Use tweezers with taped Pick up at the end with tweezers.
ends. Avoid damage to ends .avoid damage to the Avoid scratching.
rifling marks on the case or the bullet
circumference
Method of marking Mark with initials either on Mark with initials, date and Mark on the inside of the casing,
base or nose of bullet. numbers that correspond or on the outside as near the
with chambers, if taken from front as possible.
a revolver, on the nose of the
bullet.
Quantity of specimen and All fired bullet. No All bullets. No standard All case. No standard needed
standard needed standard needed needed
Preservation and packing Wrap in soft paper tissue Same as for fired bullets Same as for fired bullets
and place in small pillbox.
Investigative value Used to determine make, Used for comparison used to determine make, caliber,
caliber, type of firearm purposes and type of firearm. Also for
from which bullet could future comparison if weapon not
have been discharged. recovered.
Table H
Specimen Ammunition Ammunition Ammunition

(Shot Shell-fired) (Shot Pellets) (Wadding)
Technique for handling Same as for cartridge Use tweezers with taped ends. Use tweezers, avoids any
case(fired) Avoid damage to rifling marks damage to the wadding
on the circumference
Method of marking Mark on side of brass head Place pellets in small pillbox , Mark with in k by inscribing
of shell using officer’s initial. seal box and mark properly initials of recovering officer
do not scratch, nick, mar, or
mutilate base of shell
Quantity of specimen and All shell. No standard All pellets. No standard needed All wadding. No standard
standard needed needed needed
Preservation and packing Roll individually in paper Same as method of marking Place in paper envelope
and place in an envelope
Investigative value Used to determine the The size of the shot may be Size of shot and gauge
gauge of gun and for consistent with other designation of arm firing
comparison of weapon mark ammunition found on suspect wads.
Table I
Specimen Liquid Liquor Suspected narcotics Suspected narcotics and

(Poison, Acid and others) and dangerous drugs dangerous drugs
(Liquids) (Tablets, Powder, and Solids
Technique for Leave in original container. Same as for liquids Leave in original Use tweezers or small brush
handling examine container for container. Examine to transfer any particle to the
latent prints for latent prints proper container
Method of On outside of container, Inscribe identifying Place label with Same as for liquid narcotics
marking place a label with pertinent mark on metal can pertinent data on
information. or label with pen outside of container
Quantity of All of specimen if in All of specimen. All of specimen. No All of specimen. No standard
specimen and adequate container, No standard standard needed needed
standard otherwise up to 4 ounces needed
needed
Preservation If in glass container pack Place in paper Pack absorbent Place in properly sealed
and packing absorbent material around evidence bag and material around all pillbox or other container
it and place in strongbox label appropriately glass to prevent adequate to prevent loss
breakage , label
“fragile”
Investigative Used to determine the Used to determine May show the Same as for liquid narcotics
value actual content of the fluid alcoholic content substance is not
narcotics or
dangerous or will
identify the drug
recovered
Table J
Specimen Paint Paint Rope, twine, or cordage

(Liquid) (Chips)
Technique for handling Leave sample in original Handle with tweezers or Handle small pieces with tweezers.
container, if possible. If scoop chips with a pieces
necessary , pour cautiously of paper
being careful not to spill
any of the sample
Method of marking Place label with label with Mark the sealed container Mark on tag or container all
all pertinent data on the with pertinent data pertinent data
container
Quantity of specimen and All if in good container, All of specimen. When All specimens. One foot of original
standard needed otherwise up to 4 ounces. possible, an adequate
amount of material
suspected object to be
used as a standard
Preservation and packing Pack to prevent undue Place in pillbox or other Place in envelope the evidence bag if
breakage or spillage rigid container small enough, if not, wrap securely
Investigative value Used to determine texture Chips found at scene may Used to compare with rope, twine,
and content for be traced to suspect and or cordage used in commission
comparison purposes used for comparison
Table K
Specimen tools Tools marks Safe insulation and soil samples

Technique for handling Handle by side of tool Cover tool mark with soft Do not max samples from diff. areas.
after tool has been paper to avoid damage to Do not scrape all the dirt together
examined for latent prints the mark into one container
Method of marking Mark on side of tool, do When tool marks can be Label outside of container with
not mark on face of tool. transferred to lab. Inscribe pertinent data
name and date on object

containing tool marks on
tool mark
Quantity of specimen and All tools. No standard Complete tool marks. All of questioned specimen. Up to 4
standard needed needed Suspected tool, when ounces for standard
available
Preservation and packing Place in evidence bag. Keep from contaminating Pack in sealed container large
Prevent damage of the the mark enough to accommodate volume
tools
Investigative value Used to compare with tool Used for comparison Used for comparison purposes
marks purposes
The Use of DNA Fingerprinting

Probably the most important innovation ever introduced to forensic science is a technique called DNA “fingerprinting”.
Two Primary Method of DNA Fingerprinting:
1. Restriction fragment length polymorphism(RFLP) testing

RFLP is more accurate, but requires a larger sample several strands of hair or a dime-sized drop blood- and typically
takes several weeks.
2. Polymerase chain reaction (PCR) testing
PCR, though less precise, can analyze very small bit of blood or semen, or even a single hair, overnight. For
those reasons, PCR is the more commonly used technique.
The use of Computers
An important technological advance in forensic science, second only to DNA analysis, has been the use of computers to
identify fingerprints.
Using computers to reenact crimes
Computer can also be to reenact certain types of crime. To learn how a fatal shooting probably occurred, for example,
investigators supply a computer with data culled from crime scene:
a. the path that bullets tore through the person’s body and surrounding walls and doors
b. the victim’s movement, as revealed by the trial of blood; and more.
Mass spectrometer
1. An important tool in chemical analysis particularly for identifying illegal drugs

2. this instrument can show a white powder found at the crime scene is cocaine or that a substance isolated from a
person’s blood is heroin
3. A mass spectrometer break down an organic substance into ions (electrically charged atoms or molecules) according to
their mass (quantity of matter).
4. An organic substance can be recognized from its mass spectrum, which is diff. from spectra created by all other material
5. The procedure can also be used to identify substances such as gasoline and other petroleum products used to start arson
fires
Chromatography
1. Arson evidence as well as the residues of explosives recovered from bombing sites, can also be analyzed with a process
known as chromatography
2. This procedure uses adsorption (attraction to a surface)to separate the various component of the substance
3. The substance being analyzed passes through a material that absorbs its diff. constituents at varying rates
4. In the investigation of a suspected arson fire, for example, scientist use gas chromatography to learn whether a particular
fuel
5. The result of the analysis is a chromatography, a printout of the mixture’s ingredients that looks like a series of peaks and
valley.
Scanning Electron Microscope
1. Another sophisticated instrument used in many crime laboratories is the scanning electron microscope (SEM)
2. One common use of the SEM is the examination of gunshot residues obtained from people’s skin or clothing
3. Gunshot residues can reveal if someone has recently fired a gun
4. When a person has apparently committed suicide with a firearm.
5. When a gun fires, the bullet is followed by unburned gunpowder and smoke.
6. Smoke consist of tiny particles
GENERAL CONSIDERATIONS IN DEALING WITH KILLING-RELATED INCIDENTS
Problems being encountered in the Investigation
1. First, when the dead body is moved

2. Second, when the body is embalmed
3. Third, when the body is buried or cremated
The dying declaration
This refers to the statement as to the cause of his death or her death. If the victim is able to speak, attempt to obtain a
statement in the presence of witness and try to have the victim sign the statement. To further qualify the dying declaration, the
victim must be conscious while obtaining the declaration. To establish the consciousness, the following maybe asked and
answered specifically:
1. What is your name?

2. Where do you leave?
3. Do you believe that you are about to die?
4. Have you no hope of recovery from the effects of the injury you received?
5. Are you willing to make a true statement of how you received the injury from which you are now suffering
A dying declaration is considered competent evidence. It is admitted in court only when the person has no hope of recovery.
Estimating the time of death
1. Cessation of breathing - with victim lying on his back, clothing loosened over, observe his chest closely on the upper part
of the abdomen where the lowest ribs meet the breast bone.
2. Cessation of pulse - to feel the pulse, place the tips of the finger on the under surfaces of the radius bone.
3. Loss of muscle tone of the eyeballs and changes in the pupil - touching the eyeball will cause movement of the eyeball or
eyelids the person is in a very deep coma or dead.
There are several body changes that take place after death which may help the investigator in determining the time of death:
1. Loss of body heat- during life the body temperature is kept at Approximate 98 degrees Fahrenheit.
2. Postmortem Lividity - is a purplish discoloration of the body that occurs on those part of the body which are nearest the
floor.
3. Rigor mortis- is a stiffening of the muscle of the body due to chemical changes within the muscle tissue itself.
4. Cadaveric spasm- under certain condition a stiffening of the hands or arm may take place immediately at the time of
death which known as cadaveric spasm.
5. Stomach contents- examination of stomach contents is another procedure of great importance in fixing the time of death.
Associated event- equally importance to that information derived from the body itself is the observation of associated events like:
1. The fall of rain

2. Whether or not electric lights are burning
3. Whether or not milk or newspaper has been removed from the doorstep
4. Whether meals have been prepared and eaten
5. Dishes washed
6. Pets cared for
7. Condition of stove or furnace
8. In open field, condition of vegetation underneath the body
Death due to gunshot wounds
1. Was death due to a gunshot wound or an injury due to other instrument?

2. If from a gunshot wound, from what distance was the firearm discharged?
3. From what direction were the shots fired?
4. What was the position of the body when hit?
5. Was it an accident, suicide or murder?
Wound of entry- are typical neat round holes with an even gray ring around them and from which emerges comparatively small
quantities of blood.
Wound of exit- are much larger than the bullet, are ragged, torn, and generally the escape of blood is much greater than in wound
of entry.
Contact wound- is a dirty looking wound, considerably larger than the diameter of the bullet and the skin edges are ragged and
torn
Smudging- the wound of entry will show deposit of smoke and soot from the burned powder.
Tattooing- a pattern of unburned powder granules and particle of molten metal from the bullet is embedded in the skin
Death due to cut and stab wounds
1. Were the wounds made by knife or some other force?

2. Where and in what manner was the knife wounds administered?
3. Was the victim attacked from the front or rear?
4. Did the victim put up any defense?
5. How long did he live after receiving the wounds?
6. What sort of a knife or cutting edge that inflicted the wound?
Deaths due to asphyxia
Asphyxia is a state of collapse due to a deficiency of oxygen supply in the tissues and particularly to the brain. The
interruption in the transportation of oxygen from the air in the lungs to the tissues may be caused in many ways, such as:
1. Foreign body lodged in the windpipe- this situation is commonly accidental.

2. Disease- tumors or thyroid gland of sufficient size to block the passage of air to the lungs.
3. Smothering- occurs when sometimes prevent air from entering the nose or mouth.
4. Hanging- it is usually suicidal, but it sometimes accidental.

5. Strangulation- when a person has been strangled by means of a rope, wire, necktie or similar object, the mechanism of
death is the same as hanging.
6. Chemicals- some of the common chemical which are extremely irritating to the nose, throat and air passages are
ammonia, chloroform and sulfur dioxide.
Deaths due to drowning
1. White foam extruding from the nose and mouth

2. Object clutched in the hand like grass, mud, etc.
3. Fingernail mark in the palms the hands
4. Pale appearance of the body
5. Postmortem lividity is most marked in the head and neck
6. The mouth is usually open
Deaths due to burning
1. Are the remains of human or of animal origin?

2. Was the victim male or female?
3. What was the height and approximate age of the victim?
4. Who was the deceased?
5. Was the victim alive or dead at the time the fire started?
6. Did an assault precede the burning?
Deaths due to poison
Poison is a substance which, when introduced into the body in small quantities, causes a harmful or deadly effect. Poison
is one of the most ancient forms of murder. In case of poisoning it is very important to have an accurate history of the events
preceding death.
Kinds of Poisons According to their Chemical Characteristics
1. Gases
- Carbon Monoxide (CO) - Sulphur Dioxide (SO2) - Nitric Oxide (NO)

- Carbon Dioxide (CO2) - Hydrocyanic Acid (HCN) - Nitrogen Dioxide (NO2 and N2O4)
- Ammonia (NH3) - Mustard Gas - Chlorine
2. Anesthetics
- Chloroform - Nitrous Oxide - Avertin

- Ether - Ethylene - Sodium Penthothal
- Ethyl Chloride - Cyclopropane
3. Corrosives
a. Strong Mineral Acids b. Strong Alkalis
- Nitric Acid - Oxalic Acid - Lye - Caustic Potash

- Hydrochloric Acid - Carbolic Acid - Sodium Hydroxide
- Sulphuric Acid - Other Phenol Derivatives - Household Ammonia
4. Metallic Poisons
- Arsenic - Antimony - Thallium

- Mercury - Phosphorus - Chromium
- Lead - Bismuth - Copper
5. Organic Poisons
a. Alkaloids b. Non-Alkaloids
- Strychnine - Chloral Hydrate

- Nicotine - Barbituric Acid group
- Belladonna Group * Barbital
- Hyoscine * Nembutal
- Scopolamine * Amytal
- Opium Derivatives * Ipral
- Morphine * Phenobarbital
- Heroin * Seconal
- Codeine - Peraldehyde
- Aconite * Alcohol
- Marihuana * Carbon Tetrachloride
6. Food Poisons
a. Due to spoiled or contaminated foods b. Unclassified poisons
- Botulinus poisoning - Sodium Flouride

- Ptomaine Poisoning - DDT
External Appearance After Death
Appearance Poisons
Livid cherry red color of large area Carbon monoxide, Cyanide
Face and neck very dark Strychnine, Hypnotics, Aniline, Nitrobenzene
Pupils contracted Opiates
Pupils dilated Atropine, Hyoscine (Scopolamine)
Emaciation Metals
Burns about mouth and nose Strong Minerals Acids, Strong Alkalis
Characteristics odors Phenols –carbolic acid; Peach Pits – cyanide; Garlic - Oxalic
acid, phosphorus
Symptoms Preceding Death
Convulsion Strychnine, Nicotine

Delirium Atropine, Hyoscine (Scopolamine)
Extreme Drowsiness Opiates, Hypnotics
Long Delayed Death Metals
Abdominal Pain Metals, Food poisoning, DDT
Diarrhea Metals, Food poisoning
Vomiting Metals, Food poisoning, DDT
Burning of mouth and throat Corrosives, Mercury, Arsenic
Selection of Materials for Toxicological Analysis
Feces In separate jars

Vomitus Entire in a jar
Stomach Entire stomach and contents in pint jar
Intestine Contents only in a pint jar
Urine Contents of bladder in pint jar
Liver In quart jar
Kidneys Both kidneys in pint jar
Heart In pint jar
Brain In quart jar
Blood Pint or quart jar
Bone Portions of ribs or portions of exposed section of spinal column
Hair Considerable quantity from back of head, also toe nails
Lungs One in quart jar
INVESTIGATION OF SPECIFIC CRIMES
A. INVESTIGATION OF CRIMES AGAINST PERSON
Art 246 RPC, Parricide: any person who shall kill his father, mother, or child whether legitimate or illegitimate, or any of his
ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by reclusion Perpetua to death.
Elements of Parricide:
1. That person is killed

2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other
ascendants or other descendants, or the legitimate spouse, of the accused.
Legal/Investigative Applications
1. The essential element of the crime is the relationship of the victim and the offender.
2. The father, mother, or child is either legitimate or illegitimate;
3. If the victim is a child, it must not be less than 3-days old (Infanticide)
4. Grandparents, grandchildren or spouse must be legitimate to consummate parricide.
Cases to study:
1. People v. Embalido, 58 Phil. 154

2. People v. Subano, 73 Phil. 692
3. People v. Jumawan, 116 SCRA 739
4. People v. Recote, 96 Phil 980
5. People v. Dela Cruz, 276 SCRA 352
6. People v. Berang, 69 Phil. 83
7. People v. Patricio 46 Phil. 875
Art. 247 RPC; Death or physical injuries under exceptional circumstance - Any legally married person who, having surprised his
spouse in the act committing sexual intercourse with another person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of DESTIERRO.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishments. These rules shall be
applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their
seducer, while the daughter is living with the parents.
Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise consented to the
fidelity of the other spouse shall not be entitled to the benefits of this article.
Requisites for the application of Art. 247
1. That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and
living with him, in the act of committing sexual intercourse with another person.
2. That he or she kills any or both, of them or inflicts upon any or both of them any serious physical injuries in the act or
immediately thereafter.
3. That he has not promoted or facilitate the prostitution of his wife or daughter, or that he or she has not consented to
the infidelity of the other spouse.
Legal/Investigative Applications
1. This article does not define and penalize a felony

2. The marriage must be legal
3. Legitimacy of parent is immaterial, so long that the daughter is below 18 years old and is living with her parent.
4. Surprising the spouse or daughter in the act of sexual intercourse is an indispensable requisite.
5. But it is enough that the circumstances show reasonably that the carnal act is being committed or just been
committed.
6. The killing or inflicting serious physical injuries must be in the act of sexual intercourse or immediately thereafter.
7. The killing must be the direct by-product of the accused’s rage.
8. No criminal liability when less serious or slight physical injuries are inflicted.
Cases to study:
1. People v. Araquel, 57 O.G. 6229

2. People v. Sabilul, 49 O.G. 2743
3. People v. Corazon Cortez, 59 Phil. 568
4. People v. Marquez, 53 Phil. 260
5. People v. Gonzales, 69 Phil. 66
6. People v. Abarca, 153 SCRA 735
Art. 248 RPC; Murder – Any person, who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder
and shall be punished by reclusion Perpetua, to death if committed with any of the following attendant circumstances:
a. With treachery, taking advantage of superior strength, with the aid of armed men or employing means to weaken the
defense, or of means or persons to insure or afford immunity;
b. In consideration of price, reward, or promise;
c. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon railroad,
fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;
d. On occasion of any the calamities enumerated on the preceding paragraph, or of an earthquake, eruption of volcano,
destructive cyclone, epidemic, or any other public calamity;
e. With evident premeditation;
f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his
person or corpse;
Elements of Murder:
1. That a person was killed

2. That the accused killed him
3. That the killing was attended by any of the qualifying circumstance mentioned in Art. 248
4. The killing is not parricide or infanticide
Legal/Investigative Application
1. In par. c of Art 248. The offender must have intent to kill the victim for the former to be liable.
2. In par. a, b, d, e, and f, the offender is liable even without intent to kill.
Cases to Study:
a. U.S v Burns, 41 Phil. 418
b. People v. Cagoco, 58 Phil. 530
c. People v. Dueno,90 SCRA 23
d. People v. Remalante, 92, Phil. 43
e. People v. Sespene, et al., 102 Phil. 199
f. U.S. v. Ocampo, 23 Phil. 369
g. People v. Quesada, 62 Phil 446
h. People v. Ortiz, et al., 103 Phil 944
i. U.S. v. Devela, et al., 3 Phil. 417
j. U.S. v. Paro 36 Phil. 923
k. Peopplev. Galura, 16 C.A. Rep. 70
l. People v. Leano, C.A. 36 O.G. 1120
m. People v. Lozada, G.R. No. L-47692, june 4, 1943
n. People v. Carmina, supra
Art 249 RPC; Homicide – Any person who, not falling within the provisions of article 246, shall kill another without the attendance
of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by
reclusion temporal.
Elements of Homicide:
1. That a person was killed
2. That the accused killed him without any justifying circumstance
3. That the accused had the intention to kill, which is presumed
4. That the killing was not attended by any of the qualifying circumstances of murder, or by that o parricide or
infanticide.
1. Intent to kill is conclusively presumed when death resulted.

2. Evidence of intent to kill is important only in attempted or frustrated homicide which must be proved beyond reasonable
doubt.
3. The killing must not be justified and must not fall into infanticide, parricide or murder.
4. There is no frustrated homicide through imprudence
5. Were the wounds that caused death were inflicted by two different persons, even if they were not in conspiracy, each
one of them is guilty of homicide.
Cases to study:
a. U.S. v. Gloria, 3 Phil. 333

b. People v. Penesa, 81 Phil. 398People v. Cuaresma, et al., 94 Phil. 304
c. People v. Castillo, et al., 76 Phil. 72
d. People v. Mallon, CA-GR No. 5754, April 24, 1940
e. People v. Avecilla, GR No. 117033, February 15, 2001
Art. 251. Death caused in a tumultuous affray - When, while several persons, not composing groups organized for the
common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous
manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the
person or persons who inflicted serious physical injuries can be identified, such person or persons shall be punished by prision
mayor.
If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision correctional in
its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim.
ELEMENTS:
1. That there be several persons; and

2. That they did not compose groups organized for the common purpose of assaulting and attacking each other
reciprocally;
3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the deceased;
6. That the person or persons who inflicted serious physical injuries or who used violence can be identified
1. Tumultuous affray exists when at least four persons took part.

2. There is no tumultuous affray when there are two identified groups of men who assaulted each other.
3. The crime exist when there was confusion in the fight and the person who inflicted the wounds could not be identified.
4. Those who used violence upon the person of the victim are liable if it can not be determined who inflicted the injury.
Cases to Study
1. People v. Corpus, 102 Phil. 954

2. People v. Bandojo, G.R. No. 44588, IV L.J., 934
3. People v. Araquel, G.R. No., L-126629
4. People v. Marama, G.R. No. 110994
5. People v. Tobias Ribadajo, Romeo Corpuz, Federico Basas, Rosendo Anor And Rodolfo Torres, G.R. No. L-40294
Art 252; Physical injuries inflicted in a tumultuous affray - When in a tumultuous affray as referred to in the preceding article, only
serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified, all
those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than
that provided for the physical injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those
who appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to
fifteen days.
Elements:
1. That there is a tumultuous affray as referred to in the preceding article;
2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious
nature only;
3. That the person responsible therefor cannot be identified; and
4. That all those who appear to have used violence upon the person of the offended party are known.
1. All those who have used violence on the person of the offended party is liable if the identity of the perpetrator is
unknown.
2. Injured party must be a participant of the tumultuous affray

3. If the one who caused physical injuries are known, he will be liable for physical injuries actually committed
4. Slight physical injury is not covered by this article.
Art. 253. Giving assistance to suicide. — Any person who shall assist another to commit suicide shall suffer the penalty of prision
mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of
reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum
periods, shall be imposed.
Element
1. By assisting another to commit suicide, whether the suicide is consummated or not

2. By lending his assistance to another to commit suicide to the extent of doing the killing himself.
1. The act of assisting to commit suicide is still punishable even if the suicide is not consummated.
2. The act committing suicide is not punishable.
3. A pregnant woman committed suicide resulting to the abortion of the foetus is not liable for abortion.
4. Euthanasia is not assisting to suicide because the patient is not willing to die; hence the person exercising it is liable for
murder.
Art. 254. Discharge of firearms. — Any person who shall shoot at another with any firearm shall suffer the penalty of prision
correctional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute
frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the
articles of this Code.
Element
1. That the offender discharge a firearms against or at another person
2. That the offender has no intention to kill that person.
1. If it is not discharge at a person, there is no crime of discharge of firearms
2. There must be no intent to kill.
3. The purpose of the offender is only to intimidate or to frighten the offended party.
4. There is complex crime of discharge of firearms with physical injuries when the physical injuries are serious or less
serious.
Cases to study
1. People v. Agbuya, 57 phil. 238

2. People v. Kalalo, et al, 59 phil, 715
3. U.S. v. Marasigan, 11 phil. 27
4. People v. Arquiza, 62 phil. 27
5. People v. Opena, et al., C.A. 51 O.G. 4071
6. people v. Oscar Ramirez C.A. 46 O.G. 6119
7. U.S. v. Kosel, 10 Phil. 409
8. U.S. v. Sabio, 2 phil. 485
9. U.S. v. Samante, 10 phil. 642
10. People v. Hinolan C.A. 47 O.G. 3596
Art 255 RPC; Infanticide – the penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any
child less than three days of age.
If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor,
she shall suffer the penalty of prision mayor in its med` Q1ium and maximum periods, and if said crime be committed for
the same purpose by the maternal grandparents or either of them, the penalty shall be reclusion temporal.
Elements of Infanticide:
1. That a child was killed
2. That the deceased child was less than three (3) days or 72 hours of age
3. That the accused killed the said child
Legal/investigative Application
1. Killing a person of less than 3 days old is always infanticide.

2. Concealing dishonor is not an element of infanticide, however, it mitigates the felony (only mother and and maternal
grandparents are entitled)
3. No crime of infanticide is committed if the child was born dead or born alive but cannot sustain an independent life
Cases to Study:
a. People v. Jaca and Rosalan, 55 phil 952

b. U.S. v. Vedra, 12 Phil. 96
c. U.S. v. Aquino, et al., 34 Phil. 813
d. People v. Datablan, C.A. 40 OG.,supra. 530
Art 256 RPC; Intentional Abortion – any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman
2. The penalty of prision mayor, if without using violence, he shall act without the consent of the woman.
3. The penalty of prision correctional in its medium and minimum periods, if the woman shall have consented.
Elements of Intentional Abortion:
a. That there is a pregnant woman

b. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such
pregnant woman
c. That as a result of the use of violence or drugs or beverages upon her, or any other acts of the accused, the
foetus dies, either in the womb or after having been expelled therefrom
d. That the abortion was intended.
Ways of committing intentional Abortion
1. By using any violence upon the person of the pregnant woman

2. By acting, but without violence, without the consent of the woman. (By administering drugs or beverages upon such
pregnant woman without her consent)
3. By acting n(administering drugs or beverages), with the consent of the pregnant woman)
Cases to study
a. U.S. v. Boston, 12 Phil. 134

b. People v. Datablan, C.A. 40 OG.,supra. 530
Art 257 RPC; Unintentional Abortion – The penalty of prision coreccional in its minimum and medium periods shall be imposed
upon any person who shall cause an abortion by violence, but unintentionally.
Elements of Unintentional Abortion:
a. That there is a pregnant woman

b. That violence is used upon such woman without intending an abortion
c. That the violence is intentionally exerted
d. That as a result of the violence the foetus dies, either in the womb or after having been expelled therefrom
1. Unintentional abortion is only committed by violence

2. There is unintentional abortion through imprudence
3. There is no abortion of any kind in case there is no intention to cause abortion and no violence used.
Case to Study
a. U.S. v. Jeffrey, 15Phil 391

b. People v. Jose, CA 50 OG 706; 709
c. People v. Genoves, 33 OG 221
d. People v. Salufrania, 159 SCRA 401
Art 258; Abortion practiced by the woman herself or by her parents – the penalty of prison correctional in its medium and
maximum periods shall be imposed upon a woman who shall practice an abortion upon herself or shall consent that any other
person should do so.
Any woman who shall commit this offense to conceal her dishonor shall suffer the penalty of prison correccional in its
minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of
said woman for the purpose of concealing her dishonor, the offender shall suffer the penalty of prison correccional in its medium
and maximum periods.
Elements:
1. That there is a pregnant woman who has suffered an abortion
2. That the abortion is intended
3. That the abortion is caused by…
 the pregnant woman herself
 Any other person, with her consent; or
 Any of her parents, with her consent for the purpose of concealing her dishonor
1. The woman is liable if she shall consent that any other person should do the abortion
2. Only the woman or any of her parents is liable if the purpose of the later is to conceal her honor.
3. Only the pregnant woman is mitigated if the purpose of is to conceal dishonor
Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. — The penalties provided in Article 256 shall be
imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge
or skill shall cause an abortion or assist in causing the same.
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a
fine not exceeding 1,000 pesos.
Should the Pharmacist know that the drug or equipment will be used for abortion; he/she be liable as accomplice.
RA 4729 - Regulates sale, dispensation, and/or distribution of contraceptive drugs and devices.
Section 1. – It shall be unlawful for any person, partnership, or corporation, to sell, dispense or otherwise distribute
whether for or without consideration, any contraceptive drug or device, unless such sale, dispensation or distribution is by a duly
licensed drug store or pharmaceutical company and with the prescription of a qualified medical practitioner.
Section 2. – For the purpose of t his act
a. “Contraceptive Drugs” is any medicine, drug, chemical, or portion which is used exclusively for the
purpose of preventing fertilization of the female ovum; and
b. “ Contraceptive Device” is any instrument,, devise, material, or agent introduced to the female
reproductive system for the primary purpose of preventing conception
Art 260 Responsibility of participant in a duel - the penalty of reclusion temporal shall be imposed upon any person who shall kill his
adversary in a duel
If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their
nature.
In any other case the combatants shall suffer penalty of arresto mayor, although no physical injuries have been inflicted.
The second shall in all event be punished as accomplices.
Duel – it is a formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful
age on each side, who make the selection of arms and fix all the other condition of the fight.
Acts punishable
1. By killing one’s adversary in a duel

2. By inflicting upon such adversary physical injuries
3. By making a combat although no physical injuries have been inflicted.
Who are liable?
1. The person who killed or inflicted the physical injuries upon his adversary
2. The seconds, as accomplices.
1. If death result, penalty is the same as that for homicide

2. If physical injury inflicted, the penalty for their nature will be imposed.
Art 261. Challenging to a duel – the penalty of prison correctional in its minimum period shall be imposed upon person who shall
challenge another, or incite another to give or accept a challenge another, or incite another to give or accept a challenge to a duel,
or shall scoff at or descry another publicly for having refused to accept a challenge to fight a duel.
Acts punishable
1. By challenging another to a duel

2. By inciting another to give or accept a challenge to a duel
3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.
Person responsible
1. Challenger
2. Instigator
Case study: People v. Tacomoy, G.R. No. L-4798, July 16, 1951
Art. 262. Mutilation. — The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall
intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction. Any other
intentional mutilation shall be punished by prision mayor in its medium and maximum periods.
Two kinds of mutilation
1. By intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction.
2. By intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended party,
other than the essential organ for reproduction, to deprive him of that part of his body.
Elements of mutilation of first kind
1. That there be a castration, that is, mutilation of organ necessary for generation, such as the penis or ovarium.
2. That the mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ
for reproduction
Legal/Invest5igatice Application
1. Mutilation – means the lopping or clipping off of some part of the body.
2. Castration - Amputation of whatever organ is necessary and is made purposely.
3. The mutilation should be purposely and deliberately so as to deprive the offended party of a particular part of his
body.Thus when a robber stabbed a woman in one eye, and as a result of the wound thus inflicted she lost the use of the
eye, there is no mutilation.
Cases to study:
1. U.S. v. Bogel, 7 phil. 285

2. U.S. v. Esparcia, 36 phil. 840
Art. 263. Serious physical injuries. - Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious
physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane,
imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries
inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a
hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the
work in which he was therefore habitually engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries
inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost
the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged
for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries
inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.
If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any of
the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be punished by
reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by prision correccional in its
maximum period to prision mayor in its minimum period; the case covered by subdivision number 3 by prision correccional in its
medium and maximum periods; and the case covered by subdivision number 4 by prision correccional in its minimum and medium
periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child
by excessive chastisement.
How is the crime of serious physical injury committed?

1. By wounding
2. By beating
3. By assaulting (Art 263); or
4. By administering injurious substance(art 254)
US vs Villanueva 31 Phil. 412

When the offended party have straggled to the bolo he accidentally wounded the accused shall not be charge of serious physical
injuries.
Note
A person may be guilty of Lesiones by reckless imprudence, or simple imprudence under art 365 in relation to art 263, when to
lack of precaution he wounded another.
What are serious physical injuries?
1. When they injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted.
2. When the injured person (a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm,
or a leg, or (b) loses use of any such member, or (c) becomes incapacitated for the work in which he was theretofore habitually
engaged, in consequence of the physical injuries inflicted.
3. When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses the use thereof, or
(d) becomes ill or incapacitated for the performance of the work in he was habitually engaged in consequence of the physical
injuries inflicted.
4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days),
as a result of the physical injuries inflicted.
Classes of serious Physical Injuries

1. The consequences of the injuries inflicted
2. The nature and character of the wound inflicted
3. The proper penalty.
Note
There must be no intent to kill because it would be frustrated or attempted murder, parricide, homicide as case may be.
Summary proceeding Sec 18 it says that any Physical injury complainant should gone through the Barangay to settlement
afterward they shall be gone through the Lupon ng branagay.
Distinguished of attempted or frustrated homicide to Physical injuries
1. In both crimes, the offender inflicts physical injuries. Attempted homicide may be committed, even if no physical injuries are
inflicted
2. While in the crime of physical injuries, the offender has no intent to kill the offended party, in attempted or frustrated
homicide, the offender has an intent to kill the offended party.
Par 1 injured person becomes insane, imbecile, impotent or blind
Impotence means inability to copulate (for male) synonymously with sterility. – the effect is the same loss of power to procreate,
the term impotent should include inability to copulate and sterility.
Blindness and loss of an eye
Par 1, the blindness must be of two eyes
Par 2, note the loss of an eye only
According to Cuello Calon – the blindness must be complete. Mere weakness of vision is not contemplated.
Par 2 INJURED PERSON LOSES USE OF SPEECH OR POWER TO HEAR OR SMELL OR LOSES AN EYE, HAND, FOOT, ARM, OR LEG, OR
LOSES USE OF ANY SUCH MEMBER OR BECOMES INCAPACITATED FOR WORK IN WHICH IN WHICH HE WAS HABITUALLY ENGAGED.
Loss to hear
It must be loss of power to hear of both ears. If there is loss of power to hear of one ear only, it serious physical injuries under par
3 of Art 263.
Loss of use Hand or incapacity for usual work must be permanent.
People vs Reli - the hand that will not be able to be used because it was paralyzed.
Par 3 INJURED PERSON BECOME DEFORMED, OR SHALL HAVE LOSES HIS BODY, OR USE THEREOF, OR SHALL HAVE BEEN ILL OR
INCAPACITATED FOR THE PERFORMANCE OF THE WORK IN WHICH HE AS HABITUALLY ENGAGED FOR A PERIOD OF MORE THAN
NINETY DAYS
Par 3 cover any member which is not principal member of the body phrase “Any other part of his body” any other member,
meaning any member other than an eye, a hand , a foot, an arm, or a leg which is mentioned in par 2.(Pp Vs Balubar 60 Phil. 699)
Us vs Punsalan – when his three finger was not enable to be use.
Deformity – it is meant physical injuries, permanent or definite abnormality. It must be conspicuous and visible.
Requires
1. Physical ugliness
2. Permanent and definite abnormality, and
3. Conspicuous and visible
Note
Scar produced by an injury on the upper part of the neck, near the jaw constitute deformity according to the Supreme Court.
Loss of teeth
Three incisors is a visible deformity, while the loss of one incisors does not constitute deformity according to the Supreme Court of
Spain
Deformity of teeth refers to injury which cannot be repaired by the action of nature
An artificial teeth, is he has the necessary means and so desires, does not repair the injury, although it may lessen the
disfigurement. The case of a child or an old man is an exception to the Rule (PP. vs Balubar)
If ear was lost it shall be in par 3 but together with loss of hearing it shall be constitute
Loss of lobule of the ear is deformity.

Loss of power to hear because one ear was lost it is still punishable art 263 par3
Illness or ill when the wound inflicted did not heal within that period.
If the illness is more than 30 days it shall constitute serious physical injury if fall under par 4.
Medical attendance is not important in serious physical injuries.

Par 4 PHYSICAL INJURIES INFLICTED SHALL HAVE CAUSED THE ILLNESS OR INCAPACITY FOR LABOR OF THE INJURED PERSON FOR
MORE THAN THIRTY DAYS.
The incapacity is for any kind of labor.
In absence of evidence the appellant should be found guilty physical injuries.
As when, as in the case at bar, proof of said period is absent, the crime committed should be deemed only as slight physical injury.
There is incapacity if the injured party could still engage in his work although less effectively than before.
QUALIFIED PHYSICAL INJURIES

If the offense is against any of the person enumerated in the art defining the crime of parricide, murder (the law provides higher
penalties)
Note
Serious physical injuries by excessive chastisement by parent are not qualified
CASES;
1. U.V. v. viollanueva, 31 phil. 412
2. U.S. v. santos, 17 phil. 87
3. Smith v. smith, 206 Mo. App. 646, 229, S.W. 398
4. Hienemann v. hienemann, 118 or. 178, 125, p. 1082, 1083, cied in black’s law dictionary, 4thEd.,p. 889
5. People v. hernandez. 94 phil. 49
6. People v. reli, C.A. , 53 O.G. 5695
7. U.S. v. Camacho, 8 phil. 142
8. People v. tomas,136 scra 206
9. People v. balubar, 60 phil. 699
10. U.S. v. punsalan, 23 phil. 375
Art. 264. Administering injurious substances or beverages. — The penalties established by the next preceding article shall be
applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by
knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.
Element
1. That the offender inflicted upon another any serious physical injury
2. That it was done knowingly administering to him any injurious substances or beverage or by taking advantage of his weakness
of mind or credulity
3. That he had no intent to kill.
This article is for serious physical injury

The victim should not know.
This may take place in the case of witchcraft, philters, magnetism, etc.
Art. 265. Less serious physical injuries. — Any person who shall inflict upon another physical injuries not described in the preceding
articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the
same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have been inflicted with the manifest intent to kill or offend the injured person, or
under circumstances adding ignominy to the offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos
shall be imposed.
Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of
rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the
case of persons in authority, the deed does not constitute the crime of assault upon such person.
Matters noted in the crime of less serious Physical injuries
1. That the offended party is incapacitated for labor for ten days or more (but not more than 30 days), or needs medical
attendance for the same period of time
2. That the physical injuries must not be those described in the preceding articles.
Thus, if the incapacity is more than 30 days or the illness lasts for more than 30 dayss, it is a serious physical injury under par 4 of
art 263
Qualified less physical injuries
1. A fine not exceeding P500.00, in addition to arresto mayor, shall be imposed for less physical injuries when –
a. There is a manifest intent to insult or offend the injured person, or
b. There are circumstances adding ignominy to the offence.
2. A higher penalty is imposed when the victim is either –
a. The offender’s parents, ascendants, guardians, curators or teachers; or

b. Person of rank or person in authority, provided the crime is not direct assault
Medical attendance or incapacity is required in less serious physical injuries.
The law includes two subdivisions dealing with

1. The inability for work
2. The necessity for medical attendance
Note
The crime is less physical injuries even if there was no incapacity, but medical treatment was for 13 days
It is only slight physical injury when there is no medical attendance or incapacity for labor
There should be medical attendance in less serious physical injury cited in the case (People Vs Penesa 81 phil. 398)
CASES;
1. U.S. v. Trinidad, 4 phil. 152
2. People v. olavides, C.A., 40 O.G. Supp. 4, 8
3. People v. anastacio, C.A..,55 O.G. 5047
4. See people v. de castro, supra
5. People v. penesa, 81 phil. 398
Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from
one to nine days, or shall require medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not
prevent the offended party from engaging in his habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed
without causing any injury.
Three kinds of slight physical injuries:
1. Physical injuries which incapacitated the offended party for labor from (1) to nine (9) days, or required medical attendance
the same period
2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require
medical attendance
3. Ill-treatment of another by deed without causing any injury.
Ex
Contusion on the face or black eye produced by fistic blow
When there was no evidence of actual injury, it is only physical injury

No double jeopardy when the prosecution lifted the injury to serious physical injury
Do not know what will file

Slight or less serious physical injuries – medical treatment
Less serious or Serious Physical injuries – incapacitated w/ labor or capability for work
RA 9262 Anti-Violence act against women and their children act of 2004
Art 265 Less Serious Physical Injury – Prison Correctional
Art 266 Slight Physical Injury – Arresto Mayor
Con Qualified RA 8049

Art 262 RT-RP RP
Art 263 par1 PMa RT Max
Art 263 par2 PC-med-max RT Med
Art 263 par3 PC med-min RTmin
Art 263 par4 PC min-max PMa med
AM
Art 265 par2 Arresto Mayor PM min
Art 266par1 Arresto menor PC max
RA 8049 Anti – Hazing Law
Hazing – as used in this act is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority
or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to
do menial, silly, foolish and similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury
Sec 2 7 days before initiation a letter from the school (3) days shall not exceed the initiation activity
Sec 3 2 Representative of the organization

Sec 4 Physical injuries or death initiation right
RP – result in death, Rape, Sodomy (Anal sex) mutilation
- If they knew about an initiation and failure to act they are consider as Accomplice the school authority or faculty adviser
officer
- Alumni of organization planned the initiation even they were not present they are considered as Principal, likewise if they
were present
- Prima facie – evidence if they were Present they are part and they are responsible for hazing except unless he prevented the
commission of the act.
- No mitigating that there was no intention to commit so grave a wrong.
RA 7160 Child Abuse
Art 6 sec 10 – victim under 12 years penalty Homicide, murder. Art 263 Par 2, art 263 Par1 Reclusion Perpetua
Art 258 vs. Art 249 – Abortion practiced by the woman herself or by her parents in comparison with Abortion practiced by a
physician or midwife and dispensing of abortives.
Art 258 Art 259

That there is a pregnant woman who had suffered an abortion That there is a pregnant woman who had suffered an
abortion
That the abortion is intended That the abortion is intended
That the abortion is caused by: That the offender, who must be a physician or midwife,
causes, or assists in causing, the abortion
a. The pregnant woman herself
b. any other person with her consent
c. any of her parents, with her consent for the purpose of That said physician or midwife takes advantage of his or
concealing her dishonor her scientific knowledge or skill
Art 266A, B, and C as amended by RA 8353; Rape - is committed
1. By a man who have a carnal knowledge of a woman under any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or is otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority;
d. When the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present.
2. By any person who, under of the any circumstances mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into
the genital or anal orifice of another person.
Elements of Rape under Par. 1
a. That the offender is man (under RA 8353 can now be committed by either sex)
b. That the offender had carnal knowledge of a woman
c. That such act is accomplished under any of the following circumstances:
 By using force or intimidation
 When the woman is deprived of reason or otherwise unconscious, or
 By means of fraudulent machinations or grave abuse of authority, or
 When the woman is under 12 years of age or demented
Elements of Rape under Par. 2
c. That the offender commits an act of sexual assault

d. That the act of assault is committed by any of the following means:
 By inserting his penis into another person’s mouth or anal orifice
 By inserting any instrument or object into the genital or anal orifice of another person
e. That the act of sexual assault is accomplished under any of the following circumstances:
 By using force or intimidation
 When the woman is deprived of reason or otherwise unconscious, or
 By means of fraudulent machinations or grave abuse of authority, or
 When the woman is under 12 years of age or demented
B. INVESTIGATION OF CRIMES AGAINST PROPERTY
1. Arson – the penalty of reclusion perpetua to death shall be imposed upon any person who shall burn:
1. one (1) or more building or edifices, consequent to a single act of burning, or as a result of simultaneous
burnings, or committed on several or different occasions.
2. Any building of public or private ownership, devoted to the public general or where people usually gather or
congregate for a definite purpose such as, but not limited to official government function or business, private
transactions, commerce, trade workshop, meeting and conferences, or merely incidental to a definite purpose
such as but not limited to hotels, motels, transient dwellings, public conveyances or stops or terminals,
regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it
is set on fire and regardless also of whether the building is actually inhabited or not.
3. Any train or locomotive, ship, or vessel, airship or airplane, devoted to transportation or conveyance, or for
public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenance thereto, which are devoted to the service of
public utilities.
5. Any building, the burning of which is for the purpose of concealing or destroying evidence of another violation of
law. Or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance.
Irrespective of the application of the above enumerated qualifying circumstances, the penalty of reclusion Perpetua
to death shall be likewise imposed when the arson is perpetrated or committed by two (2) or more persons or by a
groups of persons, regardless of whether their purpose is merely to burn or destroy the building or the burning
merely constitutes an overt act in the commission or another violation of the law.
2. Robbery – Any person who, with intent to gain, shall take any personal property belonging to another, by means of
violence or intimidation of any person, or using force upon anything.
3. Theft – is committed by any person who, with intent to gain but without violence, against, or intimidation of neither
persons nor force upon things, shall take any personal property of another without the latter’s consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the
fruits or objects of the damaged caused by him;
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to
another and without the consent of the owner, shall hunt or fish upon the same or shall gather fruits, cereals, or
other forest or farm products.
C. SEX CRIMES INVESTIGATION
1. Acts of Lasciviousness – Any person who shall commit any act of lasciviousness upon other persons of either sex, under
any of the circumstances mentioned in the preceding article, shall be punished by prision correctional.
2. Sexual Harassment – committed by an employer, employee, manager or supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor or any other person who, having the authority, influence or moral ascendancy over
the other in a work or training or education environment, demands, requests or otherwise requires any sexual favor from
the other, regardless of whether the demand, request or requirement for submission is accepted by the object of the said
Act.
3. Adultery/Concubinage
Adultery – is committed by any married woman who shall have sexual intercourse with man not her husband
and by a man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently
declared void.
Concubinage – any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse
under scandalous circumstances, with a woman not his wife, or shall cohabit with her in any other place, shall be
punished by prision correctional in its minimum periods.

Investigatioin Book

Uploaded by

Copyright:

Available Formats

You might also like

Investigatioin Book

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Investigatioin Book

Uploaded by

Copyright:

Available Formats

READING MATERIALS IN FUNDAMENTALS OF CRIMINAL INVESTIGATION

ABDUCTION – The elements constituting the crime of abduction are:

ALTER – To add, change, substitute or omit something from a pleading or instrument.

CADAVER - A corpse or a dead body.

COMPETENT EVIENCE – One that is not excluded by law in a particular case.

FORCIBLE ABDUCTION – Under Art 342, RPC, they are

GRAVE ABUSE OF CONFIDENCE – The term “grave abuse of confidence” in

1) That it must be a matter of common and general knowledge,

LEWD – The unlawful indulgence of lust.

OBLIGATION – A judicial necessity to give, to do or not to do.

POST – A Philippine diplomatic and consular position such as an Embassy or

RADIATION - Heat transfer by way of electromagnetic energy.

RECOVERY/DISCOVERY/SEIZURE - Refers to any seized, abandoned, or purchased (undercover) explosives/military ordnance

RES GESTAE – Statement accompanying and explaining the facts in issue.

SUICIDE – Taking one’s own life voluntarily and intentionally.

VICTIM – The aggrieved party.

GENERAL PRINCIPLES OF INVESTIGATION

Terms to Ponder in the Study of Criminal Investigation

Criminal Investigation, Defined

Discipline Involve in Criminal Investigation

Criminal Jurisprudence Criminalistics Police Intelligence

Goals of Criminal Investigation

1. Determination and establishment of the crime committed

a. There must be an act done in violation of a law.

2. Identification and arrest of the perpetrator

a. Confession and admission

3. Gathering and obtaining evidence for the guilt of the accused

a. Evidence must be preserved and presented as it was gathered and obtained.

4. Filling appropriate case/charge and establishing the admissibility of evidence presented

Mechanisms of Criminal Investigation

Things to consider into a person being Interviewed

a. His ability to observe

The Interviewer’ Traits

1. The facts of the case which have been establish

Time and Place of Interview

1. To obtain confession to the crime

Psychological Symptoms of Guilt

1. Sweating 4. Increase of pulse rate 7. Cannot look straight to the eyes

THE CRIMINAL INVESTIGATOR

1. Keen power of observation

Basic Functions of an Investigator

The need of Informants and Informers

Different Categories of Recruited Informants

ARREST, SEARCH AND SEIZURE

a. The mere deprivation of one’s liberty constitutes an arrest.

i. A police officer may summon assistance of any person in effecting an arrest.

Rights of the Accused under Custodial Investigation (RA 7438)

1. RA 7438 provides the rights of a person under custodial investigation.

 The right to remain silent

Effects of Miranda Rights

 Any statement, admission or even confession is inadmissible as evidence in court

Search and Seizure

Seizure – the physical taking of the property subject of the search.

Personal Property to be Seized

1. Property subject of the offense

Exception to the Search Warrant Rule

Nature of Stop and frisk