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Cdi 3: Special Crime Investigation: Circumstances. Any Legally Married Person Who, Having Surprised His Spouse
Cdi 3: Special Crime Investigation: Circumstances. Any Legally Married Person Who, Having Surprised His Spouse
Art. 246. Parricide. – Any person who shall kill his father, mother
CDI 3: SPECIAL CRIME INVESTIGATION 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 the penalty of reclusion perpetua to death.
Special Crime Investigation deals with the study of major crimes
Elements of Parricide:
based on the application of special investigative technique.
1. A person is killed;
The study concentrates more on physical evidence, its collection,
handling, identification and preservation in coordination with the crime 2. Accused killed the deceased;
laboratory. Special Crime Investigation involves a close relationship between
the prober in the field and the crime laboratory technician. They work 3. The deceased is the legitimate or illegitimate father, mother or child, or
together as a team, reacting to and extending one another’s theories and other legitimate ascendant or other legitimate descendant (in a direct line) or
findings both working patiently and thoroughly to solve a crime from their legitimate spouse of the accused.
investigative discoveries.
Art. 247. Death or physical Injuries inflicted under exceptional
HOMICIDE INVESTIGATION circumstances. Any legally married person who, having surprised his spouse
in the act of committing sexual intercourse with another person, shall kill any
Homicide Investigation is the official inquiry made by the police of them or both of them in the act or immediately thereafter, shall inflict upon
on the facts and circumstances surrounding the death of a person which is them any serious physical injury shall suffer the penalty of destierro.
expected to be unlawful.
If he shall inflict upon them physical injuries of any other kind he
Primary Job of the Investigator shall be exempted from punishment.
1. To discover whether an offense has been committed under the law. These rules shall be applicable, under the same circumstance, to
parents, with respect to their daughters under 18 years of age, and their
2. To discover how it was committed
seducer, while the daughters are living with their parents.
3. Who committed it and by whom it was committed
Any person who shall promote or facilitate the prostitution of his wife
4. When it was committed or daughter, or shall otherwise have consented to the infidelity of the other
spouse shall not be entitled to the benefits of this article.
And under certain circumstances why it was committed
The one who killed the spouse must be legally married to the latter
Responsibilities of a Homicide Investigator so that article 247 may apply.
1. When called upon to investigate violent death, he stands In People vs. Abarca, the husband killed the paramour of his wife only
on the dead man’s shoes to produce his instincts against after an hour had lapsed from surprising the two having sex. Article 247 was
those suspects. applied.
2. The enthusiasm and intelligence the investigator brings Article 247 is also known as extraordinary mitigating
in the case marks the difference between a murderer circumstance. It however does not exempt the culprit from civil liability
being convicted and set free.
Destierro here is inflicted not really as a penalty but more on for
3. If he interprets a criminal death accidental or natural, a the protection of the accused.
guilty person is set free.
Destierro prohibits a person from entering a designated place
4. Remember that the police is the first line of defense in normally within a radius of not more than 250 and not less than 25 kilometers
the effective application of criminal justice. therein.
Basic Guide for the Investigator to look upon is to establish the following: Art. 248. Murder (assasinato) - Any person, who, not falling
within the provisions of Article 246, shall kill another, shall be guilty of
1. Corpus delicti or facts that crime was committed murder and shall be punished by reclusion perpetua to death if committed
with any of the following attendant circumstances.
2. Method of operation of the suspect
Qualifying Circumstances to Murder
3. Identity of the guilty party
1. With treachery
THE THREE BRIDGES IN HOMICIDE INVESTIGATION WHICH
2. Taking advantage of superior strength
SHALL NOT BE CROSSED 3. With the aid of armed men
4. Employing means to weaken defense
A. The first bridge is that the dead body has been moved.
5. Employing means or persons to insure or afford
B. The second bridge is when the cadaver has been embalmed. impunity
6. In consideration of price reward or promise
C. The third bridge is when the dead person is buried or cremated. 7. By means of inundation
8. By means of fire
Bridge 1- the first bridge is burned when the dead body is moved. Before it is 9. By means of poison
done, it is imperative that photographs be taken, measurement made, 10. By means of explosion
fingerprints searched for and a host of other tasks carried out, because, when 11. By means of shipwreck
the body is once moved, it can never be put back again and the investigation 12. By means of stranding of a vessel
13. By means of derailment or assault upon a railroad
repeated exactly.
14. By means of fall of an airship
Bridge 2- the next bridge is burned when the body is embalmed. Embalming 15. By means of motor vehicle
16. By the use of other means involving great waste and ruin
effectively destroy traces of alcohol and several other poisons. It also makes
17. On the occasion of any of the calamities enumerated in letters g-p.
the determination of other substances much more difficult. Consequently if
18. On the occasion of an earthquake
there is slightest reason to suspect poisoning, the organ should be removed 19. On the occasion of eruption of volcano
before embalming. 20. On the occasion of destructive cyclone
21. On the occasion of epidemic
Bridge 3- the investigating officer has burned his last bridge when the body 22. On the occasion of any other public calamity
has been buried or cremated. It is difficult and expensive to disinter a body. 23. With evident premeditation
The lapse of time increases the difficulties of a scientific examination and 24. With cruelty (by deliberately and inhumanly augmenting the suffering of
diminishes the likelihood of successful conclusion as to the cause of the victim)
25. By outraging or scoffing at the person or corpse of a person.
1. A person was killed; Q: A father sired a child out of his kerida. This child who was less than three
days old was killed by his own father. The purpose of the father in killing the
2. The accused killed the deceased; child was to conceal its existence from his legitimate wife. What crime was
committed by the father?
3. The killing was attended by any of the qualifying circumstance mentioned
in article 248; Art. 256. Intentional abortion. is committed by any person who shall
intentionally cause an abortion by:
4. The killing is not parricide, infanticide or homicide.
1. using violence upon the person of the pregnant woman; or
* Treachery must be alleged in the information so that it will qualify the
killing to murder. 2. acting without the consent of the woman but without using violence;
* If treachery is not alleged in the information which charges murder, but in 3. acting with the consent of the woman
the trial treachery was proven, the accused cannot be convicted of murder.
Homicide only would be the crime Elements of intentional abortion:
* The act of Euthanasia or mercy Killing is considered as murder. It is the 1. Violence is exerted, or any drugs or beverages be administered or the
practice of putting to death a person who is suffering from some incurable accused acts upon a pregnant woman;
disease. It may also be defined as the acceleration of the death of a person
2. As a result thereof, the fetus dies, in the womb or after having been
who suffers from some incurable disease.
expelled therefrom;
Art. 249. Homicide- is a crime committed by any person who shall kill 3. The act is intended.
another without the attendance of any of the circumstances mentioned in
article 248. *Abortion has been defined as the willful killing of the fetus or violent
expulsion of the same from the maternal womb.
Homicide, defined- the unlawful killing of another but which is not
parricide, murder or infanticide. Art. 257. Unintentional abortion- committed by any person who shall cause
an abortion by violence, but unintentionally
Elements of homicide:
Elements of unintentional abortion
1. A person was killed;
1. There is a pregnant woman;
2. The accused killed the deceased;
2. Violence is used against the woman but without intending an abortion
3. The accused had the intent to kill; 3. The violence is intentionally exerted
4. The killing was not attended by any of the qualifying circumstance Fetus died
mentioned in article 248.
* If there is no violence used; No intent to cause an abortion- there is no
5. The killing is not infanticide or parricide. abortion of any kind.
Art. 254. (Illegal) Discharge of firearm (Pagpapaputok g sandata) - is 2. the person injured has lost the use of speech, or the power to hear or smell,
committed by any person who shall shoot at another with any firearm. or losses an eye, a hand, a foot, an arm, or a leg or shall have lost the use of
such member, or shall have become incapacitated for work which he was
Elements of Discharge of Firearm: habitually engaged;
1. A person discharges a firearm against another person 3. deformed, lost any part of his body, or use thereof, or ill or incapacitated
for work he was habitually engaged for 90 days;
2. The offender has no intent to kill that person
4. ill or incapacitated for labor for more than 30 days.
Art. 255. Infanticide- is the killing of a child less than three (3) days old.
Q: Distinguish mutilation from physical injury.
Elements of infanticide:
A: The mutilation must have been made deliberately to clip off some part of
1. A child less than 3 days old (72 hours old or less) is killed; the body to deprive the other person of such part of the body. This special
intention is not present in physical injuries.
Elements of administering injurious substances/beverages -Establishing the identity of the victim is important, it will provide tracing
clues to the motive and identity of the perpetrator, with the identity
1. Offender inflicted any serious physical injuries known, the investigator can focus attention on the victim’s background
and establish a possible motive through such information.
2. By knowingly administering any injurious substances or beverages
-Victims encountered in indoor scenes will normally have identifying data on
3. Accused had no intent to kill. the body, or such data will be available throughout the crime scene. In
outdoor scenes, such evidence is normally not as readily available,
Art. 265. Less serious physical injuries- committed by any person who shall
since the victim is removed from the personal environment and also outdoor
inflict injuries upon another which shall incapacitate the offended party for
scene may not be discovered for long period of time; thus evidence may
labor for 10 days or more, or shall require medical attendance for the same
be destroyed by elements of nature or will be lost.
period.
-If there are no identifying papers on the victim’s person, fingerprint should
Art. 266. Slight Physical Injuries- committed by any person who shall
be used as means of identification.
inflict physical injury upon another which shall incapacitate another for labor
from 1-9 days or shall require medical attendance for the same period or any -If fingerprint identification is unsuccessful, the investigator must rely on
injury which does not prevent the offended party from engaging in his other methods to establish identity.
habitual work nor require medical attendance, or shall ill treat another by
deed without causing any injury (maltreatment). -Dental structures are highly resistant to destruction, and are frequently useful
when the other portions of the body are totally decomposed. (Forensic
RAPE RA 8353 Odontology).
Rape is committed: -The skeletal remains of the victim may also help to determine identity, as
well as yield other types of information.
1. by a man who shall have carnal knowledge of a woman under any of the
following circumstances: -If bone fractures are noted, they may be used to identify the deceased,
but if only corresponding medical records can be located
a. through force or intimidation;
-The widths of the pelvic bones are excellent indicators of the victim’s sex;
b. woman is deprived of reason or unconscious;
Determination of the victims age maybe more difficult, in that the victims
c. fraudulent machination or grave abuse of authority; past the age of eighteen years have generally achieved their maximum
skeletal growth. However, general age determination can be established via
d. offended party is under 12 or is demented dental structure.
2. By any person who, under any of the circumstances mentioned in par. 1 Determination of time of death.
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 -A determination of the time of death should be attempted in all homicide
anal orifice of another person. investigations. This fact is significant because of its investigative
importance in corroborating or disputing alibis, or in establishing the victim’s
Q: What consummates the crime of rape? movements prior to death.
A: The slightest penetration of the labia consummates the crime of rape. The -Determining death is not an exact science.
absence of sperm is not important. It is enough that the labia of the female
organ was penetrated. MEDICO-LEGAL ASPECTS OF DEATH
Q: What is statutory rape? Life – is the sum total of all vital processes by which the physical integrity of
the body is maintained.
A: The rape of a woman under 12 years of age.
Death- is the state of complete persistent cessation of the vital function of the
Q: What is the “rape shield” concept in the crime of rape? body such as the function of the heart, the lings and the brain.
A: It means, in a prosecution for rape, evidence of complainants past sexual Importance of Death Determination
conduct, opinions, and his or her reputation shall not be admitted, unless the
court finds it material. 1. The civil personality of a natural person is extinguished by death. The civil
personality is extinguished by death. The effect of death upon the rights and
Effect of pardon -the subsequent valid marriage between the parties shall obligations of the deceased is determined by law, by contract and by will.
extinguish the criminal action or the penalty imposed. The forgiveness by the
wife shall extinguish the criminal action or the penalty. But the pardon will 2. The property of a person is transmitted to his heirs at the time of death.
not benefit the accomplices and the accessories. But in crimes against chastity
3. The death of a partner is one of the causes of dissolution of partnership
pardon benefits even the accomplices and the accessories.
agreement.
HOMICIDE INVESTIGATION PROCEDURES
4. The death of either the principal or agent is a mode of extinguishments of
- Criminal Investigation of homicide is a discovery process. The agency
investigator seeks to discover and documents such facts as type of death,
5. The criminal liability of a person is extinguished by death.
identity of the deceased, cause of death and motivation and identity of the
perpetrator. In order to resolve these fundamental questions, the 6. The civil case for claims which does not survive is dismissed upon death of
investigation will focus on the cadaver, crime scene and post mortem the defendant.
examination.
Kinds of Death
- The cadaver is often of prime importance as an investigative
factor. The victim’s body can reveal much through examination of wounds 1. Clinical Death or Somatic Death
and other types of tracing clues that may be present.
Is a type of death usually declare by members of the immediate family of the
Establishing Death. diseased or by the physician.
-The first essential step of the homicide investigation is to 2. Molecular or Cellular Death
establish that the victim is, indeed, dead.
Is the type of death characterized by death of individual cells ( one at a time
-Police officers do not have the legal authority to pronounce death, ) after the somatic death.
only physicians/ medical doctor can establish the fact of death.
After death the metabolic process inside the body ceases. No more 2. If within the flame reach (6 inches in rifle and high powered gun and less
heat is produced but the body loses slowly its temperature by evaporation or than 3 inches from ordinary hnadgun), there is area of burning)
by conduction to the surrounding atmosphere. The progressive fall of the
3. Smudging due to smoke
body temperature is one of the most prominent signs of death. The body cools
following death at approximately 1.5 degrees F per hour, under normal 4. Powder tattooing is present but dense and limited dimension of spread)
conditions and assuming the body’s temperature at death is 98.6 degrees F
(37 degrees C). 5. Abrasion ring or collar is Present (Contact Ring)
4. Insensibility of the body and loss of power to move. 3. Medium Range (more than 15cm but less than 60cm
No kind of stimulus is capable to letting the body have voluntary 1. Entrance is inverted with abrasion
movement.
2. Burning effect is absent
5. Changes in the Eyes
3. Smudging may be present if less than 30cm
a. Loss of Corneal and light reflexes
4. Gunpowder tattooing is present but lesser density and wide spread
b. Haziness of the cornea
5. Contact ring is present
6. Changes in skin
4. Fired more than 60cm
Change of color
1. Gunshot wound is circular or oval
Loss of the elasticity of the skin
2. Wound of entrance has no burning, smudging or tattooing
Opacity of the skin
3. Contact ring is present
Absence of reaction to injury
Exit Wound
PHYSICAL INJURY
its edges are everted and portions of the inner tissues are
Injury – is the scientific impairment of the body structure or function caused protruding and its shape may be slit-like, stellate, irregular or even similar to
by outside force or agent. the wound of entrance.
Physical Injury – is an injury of the body caused by physical agents which is ODD AND EVEN RULE IN GUNSHOT WOUND
the application of stimulus to the body producing damage or injury to the
tissue. if the number of gunshots wounds of entrance and exit found in the
body of the victim is even, the presumption is that no bullet is lodged in the
Common External Injuries Sustained by the Victim from Homicidal body, but if the number of the gunshot wounds of entrance and exit is odd,
Attack the presumption is that one or more bullets might have been lodged in the
body.
Contusion – an injury in the substance of the skin, discoloration of the surface
due to extravasation of blood. This is due to the application of a blunt FACTORS THAT AFFECT ENTRANCE WOUND
instrument.
a. Distance of the discharge of firearm
Hematoma – this is the extravasation of blood in the newly formed cavity.
b. The nature or type of the firearm
Abrasion – an open wound characterized by the removal of the epithelial
layer of the skin brought about by the friction against hard, rough object. c. The nature and amount of the gunpowder
Incised wound – produced by forcible contact on the body by sharp edge d. The affected part of the body
instrument.
THE EVIDENCE OF SUICIDAL GUNSHOT WOUND
Stab wound – produced by the forcible application and penetration of a sharp
instrument. A. A near-contact fire, evidenced by burning or tattooing around the wound.
Punctured wound – penetration of a sharp pointed weapon B. Presence of one gunshot wound
Lacerated wound – tearing of the skin due to forcible contact of a blunt C. Body part involved is accessible to the dexterous hand.
instrument. D. Presence of suicide note
BULLET WOUND - caused by bullets, which are discharge from a firearm. E. Wounding firearm is tightly held (cadaveric spasm)
= Lasts 3- 6 hours after death. It is a fixed or permanent discoloration when the blood clotted,
inside the blood vessels or has diffused to different parts of the body.
2. Post Mortem Rigidity (Rigor Mortis)
Diffusion lividity
body becomes rigid due to contraction of the
muscles CHANGES IN STOMACH. It usually takes three to four hours for the
stomach to empty its contents after meals.
3-6 hours after death and may last 24 to 36
hours ONSET AND STAGE OF DECOMPOSITION. Decomposition is the
action of bacteria on the dead body. The onset of decomposition is 1 to 2
Conditions Simulating Rigor Mortis days after death and then finally the dead body becomes skeletal remains in
months considering the factors that influence the rate of putrefaction.
a. Heat Stiffening
LIFE CYCLE OF FLIES. The eggs of ova laid by the flies on the dead
body is exposed to temperature above 77 body will hatch to form maggots within 24 hours. The maggots will feed
degree Celsius vigorously on the damaged dead body, then transform into pupal stage and
finally into adult flies within a few days.
Pugilistic attitude
SEX CRIMES
More or less permanent
CONCEPTS ABOUT SEX CRIMES
b. Cold Stiffening
A. It is triggered by emotions. A person who commits a sex crime has lost
due to solidification of fat when the body is
control of his emotions. It is a not something you can set out and analyze. It
exposed to freezing temperature.
hiya compulsion coming within offender.
c. Cadaveric Spasm or Instantaneous rigor = ridigity of the muscles
B. Gratification of the sex urge is often done in strange and morbid methods.
which occurs at the moment of death due to nervous tension, exhaustion
It involves an addiction. Sex is a normal human need, hence, this must be
and injury to the nervous system
considered in the investigation of the sex crime.
Rigor Mortis
VIRGINITY - It is the condition of a woman where the hymen of her vagina
3. Secondary Flaccidity or secondary relaxation is still intact or unruptured. It does not mean that when the hymen is intact,
there is no case of rape. The mere touching of the labia majora (major lips)
due to the dissolution of the muscles protein of the pudendum (vagina) by the male organ is considered as
consummated rape because there is a slight penetration. Virginity is not an
onset of putrefaction element in the crime of rape because even the prostitute who is veteran of
many foreign warp could be a complainant.
the body become limp again and the muscles
are no longer capable of responding to Virginity is not only lost thru sexual intercourse but by bicycle
mechanical or electrical stimulus. riding or other strenuous physical exertion on the part of the woman, or the
insertion of an object while in the act of masturbation.
Noted about 48 hours after death
EVIDENCE IN THE INVESTIGATION OF RAPE
CHANGES IN THE BLOOD
1. Panty or other clothing of the victim
a. Coagulation of the blood
2. Physical examination of the victim to determine signs of force such as
The stasis of the blood due to the cessation of circulation enhances injuries or the presence of seminal fluids inside her organ.
the coagulation of blood inside the blood vessel. Blood clothing is accelerated
in cases of death by infectious fevers and delayed in cases of asphyxia, 3. Detached pubic hairs of the victim and suspect.
poisoning by opium, hydraocyanic acid or carbon monoxide poisoning.
4. Physical examination of the suspect and the examination news clothing.
Blood may remain fluid inside the blood vessel after death for
6 to 8 hours 5. Relevant matters at the scene of the crime
It is the discoloration of the body after death when the 7. Written complaint of the victim.
blood tens to pool in the blood vessels for the most dependent portion to the
pool in the blood vessels for the most dependent portion of the body. The NARCOTICS DEATH INVESTIGATION
blood remains fluid in the body after for 6-8 hours and gradually clot until it
1. THE THREE PHASES OF NARCOTICS DEATH INVESTIGATION
is fully developed at about 12 hrs. The appearance of Post Mortem lividity
usually stars about 20-30 minutes after death, thus, it can also be a means a. The scene of death investigation
2. DEATH DUE TO NARCOTICS - A common occurrence in the use of B. Snatching or handbangs or jewelries are considered under this category. If
prohibited drugs is the death of the user. The investigation should determine the victim puts resistance and violence is applied by the robber on his person;
the manner of death which is either homicide, suicide or accidental. A
thorough investigation at the scene helps the medical examiner in C. The violence or intimidation is directed against the person who is the
determining the cause of death. owner of the personal property or his caretakers or guards.
THE PSYCHOLOGICAL SYMPTOMS OF USE OF DRUGS D. Poking a gun or other deadly weapon on the victim to divest his personal
property are some forms of intimidation; if the injuries of the victim are of
A. Poison - symptoms, signs, causes of death. slight in character, it is absorbed as a form of violence. But if the injuries are
of less serious or serious in character, it is a complex crime of Roberry with
B. Codeine - nausea or vomiting, dizziness, constipation (500mg) and Physical Injuries.
respiratory failure.
E. If death results due to robbery with violence or intimidation of persons, a
C. Heroine and Morphine - sweating, loss of appetite, nausea, constriction, complex crime of Robbery with Homicide is commited, irrespective whether
itching thirst, cyanosis. tge death occurs among the robbers. Heart attack or stroke as a consequence
of the robbery is still Robbery with Homicide;
D. Barbiturates - lower body temperature, cyanosis, skin rashes,
constipation, and cold extremities (1.6 g) F. If on the occasion of the robbery, rape is committed the crime is Robbery
with Rape.
E. Cocaine - nausea, vomiting, chills, sweating, thrist, convulsion, (500 mg)
circulatory and respiratory failures. G. If on the occasion of the robbery, homicide and rape were committed, the
proper complex crime is Robbery with Homocide. The rape is considered
F. Amphetamine - diarrhea, constipation, nausea, vomiting, cramps, chills,
aggravating circumtances.
sweating, thrist, convulsion, petechial hemorrhage.
THEFT - Personal properties are taken without the consent of knowledge of
BODY SIGNS
the owner.
A. Cyanosis - bluish discoloration of the face or finger nails due to
A. Pickpockets, simple snatching and other forms are included in this
insufficient oxygen on the blood caused bi increased carbon dioxide in the
classification.
body.
B. Theft inside a house or a building where entry is thru an open closed door
B. Petechial Hemorrhage - pin point spots of discoloration as a result of the
but unlocked, this is theft;
capillary reptures due to pressure and generally observed in the eyes, eyelids,
behind the ears and internally. C. Breaking the glass panes of a show window and extending an arm to get
the valuables inside is theft as the force upon things is not used as means of
C. Formation of froth - observed in mouth and nose, maybe white or
entry. If the one who breaks the glass pane bodily entered the show window,
pinkish and caused by fluids entering the air passage.
it would be robbery with force upon things.
D. Hematoma - a localized swelling on any part of the body caused by
D. Ordering someone to deposit or withdraw money from the bank by giving
bleeding beneath the surface o the skin. This is caused by skin "popping"
the bank book and signed deposit or withdraw slips and that someone
rather than by vein injections.
absconded the money, it is theft.
E. Needle Marks and Tracks - visual evidence of intravenous injections.
E. Entrusting a piece of jewelry to be sold on commission basis and the agent
The tracks will follow the vein and results in a dark discolaration and
failed to remit the price or return the property unsold, the case is not Theft but
eventual collapse of the vein.
Estafa.
F. Scar - skin marks caused by the victim in removing needle marks, scrabs,
F. In theft, there is only material transfer to the property but in Estafa,
which adds to the unsanitary conditions of the victim.
there is a juridical transfer of the property. Juridical transfer implies that
G. Rashes/Scratch Skin - external body signs due to the use of morphine or the receiver of the property has the authority to dispose the same. In Theft
heroine poisoning. there is no such authority.
THEFT AND ROBBERY INVESTIGATION G. In the investigation of theft and robbery cases, there is the importance of
the value of the property subject of the offense, because the imposable
TWO TYPES OF ROBBERY penalty is based on the value.
A. Force upon things as means of entry to the house or building; and Physical Evidence to be collected Robbery:
A. As means of entry, a locked door is broken or forced open. A closed nut - Areas of break
unlocked door is not a locked door. - Closets- prints may be found in door and
- Door knobs
B. Thru an opening which might be not locked but which is not intended or - Dressers
designed for entry. If a robber enters a building thru the open or locked - Pieces of furniture
window where he takes personal properties inside, it is robbery; - Bottles and glasses
- Walls
C. If the door is open or closed but not locked, and once inside breaks open - Tools
locked drawers, aparadors, wardrobes, safes where personal properties are - Desks
taken, it is robbery. 3. Clothings- sometimes the robbers exchange their own jackets with that one
found.
D. If the door is open and used as entry and while inside, the robbery brings
out receptables such as aparadors, drawers, wardrobes, safes and other forms 4. If a window was broken in effecting entry, glass particles maybe presents
of receptacles and while outside breaks open these receptacles where personal in the trouser cuffs and pockets of suspect. Samples of broken glass should
properties are taken it is robbery. be collected for possible future comparison in the event that a suspect is
picked up.
E. The use of picklocks to open locked doors or locked receptacles inside and
personal properties are taken, it is robbery. Genuine keys stolen from the 5. Paint- if a crowbar has been used to force the window, paint may adhere to
owner are considered picklocks. the tool. Paint samples should be taken for future comparison.
F. The mere possession of picklocks is punishable under the Revised Penal 6. Tool marks
Code.
7. Tools
Anti-fencing law of 1979 (P.D. 1612) D. Committed by a syndicate. A syndicate consists of three or more persons
who planned and carried out crime
Fencing- is the act of any person, who, with intent to gain, for himself or
for another shall buy, possess, keep, acquire, concealed, sell or in HOW TO LOCATE THE ORIGIN OF FIRE
any other way, deal on any articles, items, objects, or
any thing of value which he knows to have been derived from the A. By witness – the first who discovered the fire
proceeds of crime or robbery or theft.
B. Low Point of Burning – the lowest point of burning should be given the
Fence- include any person, firm, organization, association or outmost consideration in locating the origin of the fire. Fire will normally
corporation or partnership and other organization who/ which commits the burn upward. The hot gasses and carbon particles will continue to rise for any
act of fencing. period of time before the fire spreads downward.
Anti-Cattlle Rustling Law of 1974 (P.D. 533) C. Charring – the char will generally be deepest from where the fire
originated. When the fire is extinguished quickly, the charring is only slightly
Cattle Rustling- Is the taking away by any means, methods or below the surface.
scheme, without the consent of the owner/raiser, or any of the above animals
(cow, carabao, horse, mule or other domesticated member of the bovine COLOR OF SMOKE
family) whether or not for profit or gain, or whether committed with or
A. Steam and smoke – presence of humid substances in contract with
without violence against or intimidation of any person or force upon things.
combustible materials.
It includes the killing of large cattle, or taking its meat or hide without the
consent of owner/raiser. B. White Smoke – indicates the presence of phosphorous.
CARNAPPING INVESTIGATION C. Grayish smoke – caused by ashes and soot’s of loosely packed materials
such as straw or hay.
THE ANTI CARNAPPING LAW - RA 6539
D. Black Smoke – coming from a material with petroleum base such as
A. CARNAPPING defined - it is the law unlawful taking, with intent to
rubber, tar, coals, turpentine or petrol gum
gain, a motor vehicle belonging to another without the letter's consent or by
means of violence against or intimidation of person or using force upon E. Reddish Brown or Yellow Smoke – presence of nitrates or substances
things. compounded with nitrates acid, plastics, films, or cellphones.
ELEMENTS OF CARNAPPING NOTES ON CRIME SCENE INVESTIGATION
=
(1) Unlawful taking
THE COMPOSITION OF THE CRIME SCENE INVESTIGATION
(2) Intent to gain
TEAM
(3) Motor vehicle belonging to another
1. Team Leader
(4) Lack of owners consent
2. Evidence Collector
(5) By violence or intimidation against persons or force upon things.
3. Crime Photographer
DEFINITION OF A MOTOR VEHICLE (Sec. 2, RA 6539)
4. Health or Medical Officer
5. Sketcher and Measurer
Motor vehicle is any vehicle propelled by means other than muscular power,
6. Evidence Custodian
using the public highways, but excepting road rollers, trolley cars, street
7. Security Officers
sweepers, sprinklers, lawn mowers, bulldozers, graders, foklifts, amphibian
trucks and cranes, if not used on public highways, also vehicle which run 1. Team Leader
only on rails on tracks, tractors, trailers and traction engines of all kinds used Takes control of the scene right after being briefed by the first
exclusively for agricultural purposes. Trailers having any numbers of wheels, responder;
when propelled of intended to be propelled by attachments to any motor Immediately chooses a command post location outside the crime
vehicle with no power rating. scene but adjacent to it that will serve as the CSI primary office;
Conducts a preliminary survey of the scene;
MACRO ETCHING - It is the chemical process of determining the Conducts final survey of the scene ;
aunthenticity of the engine and chassis numbers of a motor vehicle which is a Releases the crime scene to the investigator-on-case after the
requirement before a clearance is used for registration of newly transferred completion of the final survey;
vehicle from dealers, owners or buyers. Prepare the CSI report of personally supervise the preparation of
report.
MICRO ETCHING - It is the chemical process of restoring erased or
tampered engine and chassis numbers. The process is by continuous Preliminary Survey – it is an assessment of the crime scene conducted by
application of strong acid on the suspected tampered or erased numbers. carefully walking through the scene to evaluate the situation. It identifies any
threat to the integrity of the crime scene and ensures protection of physical
HOW TO DETECT STOLEN VEHICLES evidence. This will also provide first opportunity to recognize and identify
valuable and/or perishable evidence.
DEOXYRIBONUCLEIC ACID (DNA) EVIDENCE 400 – 500 million spermatozoa is released by a healthy young man in a
single ejaculation
The following biological sample with their recommended
quantities should be collected for DNA analysis: COLLECTION OF SEMEN
1. Semen on clothing and such other apparel should be air dried before
1. Wet Blood 1 – 2 ml packing.
2. Bloodstain 1 gram 2. Fluid semen should be placed in a test tube. It may be preserved by a few
3. Saliva / Buccal Scrapping 4 cotton buds drops of 10% solution of formalin during hot whether.
4. Semen / Seminal Stain 3 Swabs
5. Urine 100 ml SEMEN AND SEMINAL STAIN EXAMINATION
6. Hair with Follicles or Root Bulb 2 – 5 pieces 1. Physical Examination
7. Muscle, Tissue, and Cells 15mg each a. Semen when air dry gives stiff, starchy feeling to the cloth and
8. Bones and Organ 1 – 5 grams produces slight deeping of the color with the disappearance of the
9. Sperm Cells 3 Swabs odor.
10. Dried Tissues 100 mg b. Seminal stains exhibits fluorescence under the ultraviolet light
c. Grayish white, sometimes yellowish stain
NOTES ON FORENSIC CHEMISTRY and TOXICOLOGY d. They have an appearance or outline of a contour map
e. They may have a reddish tint in case of old man.
Forensic Chemistry – this specialized branch of chemistry deals with the 2. Chemical Examination
application of chemical principles in the solution of problems that arise in
c. Acid Phosphatase Test – this test replaced the florence test in Human head hairs generally exhibit no medullae or have
reliability and was shown to be specific for human and higher apes. fragmented ones; they rarely contain a continuous medulla. One exception is
Positive Result – Orange-red pigment. the Mongoloid race. Mongoloids head hairs usually have a continuous
medulla.
3. Microscopic Examination – the purpose is to determine the presence of
spermatozoa. The identification of spermatozoa is at present the only EXAMINATION OF GLASS
specific test for semen. GLASS – super cooled liquid that possess highly viscosity and rigidity. It is
Spermatozoa – small object with a pear-shaped head, behind which is a short non-crystalline inorganic substance.
neck and then a tail about ten times as long as the head.
SPECTROGAPHIC ANALYSIS – an instrumental method of analysis that
DETERMINATION OF WHETHER OR NOT A PERSON FIRED A determines the presence of trace elements. In the examination of glass, it
GUN shows the constituent elements of a glass.
Diphenylamine-Paraffin Test or Dermal Nitrate Test or Lunge’s CONCENTRIC AND RADIAL CRACKS
Diphenylamine Test – this test is performed to determine whether a person Concentric cracks are fractures forming in an approximately
fired a gun or not with his bare hands. circular pattern around the point of impact. Radial cracks are fractures
extending outward from the point of impact.
a. Paraffin Test – the taking of the cast of the left and right hands to extract 3R’s Rule for Radial Crack
the nitrates. “Stress lines on a radial crack will be at right angle to the rear side
of the glass”
b. Diphenylamine test or DPA Test – determines the presence and
distribution nitrates. It is the chemical aspect of examination. RFC Rule on Concentric Crack
Reagent: Diphenylamine reagent of DPA reagent (0.5 gram diphenylamine “Stress lines on a concentric crack will be at right angle to the front
powder dissolved in 100ml of sulfuric acid. side”
Positive Result: Deep blue specks develop when nitrates comes in contact EXAMINATION OF METAL
with DPA reagent.
METTALURGY – the art of extracting and working on metals by the
DETERMINATION OF THE PROBABLE TIME WHEN THE GUN application of chemical and physical knowledge.
HAS BEEN FIRED
Procedure: The barrel is swabbed with cotton with the aid of a barbeque stick MACRO ETCHING - It is the chemical process of determining the
and the presence of the following is determined microscopically and authenticity of the engine and chassis numbers of a motor vehicle which is a
chemically: requirement before a clearance is used for registration of newly transferred
vehicle from dealers, owners or buyers.
1. Rust – formation of rust inside the barrel of the gun.
If the gun has not been fired at all, no rust can be
MICRO ETCHING - It is the chemical process of restoring erased or
detected inside the gun barrel.
If gun has been fired, iron salts are formed and are tampered engine and chassis numbers. The process is by continuous
found inside the barrel. These iron salts are soon oxidized, thus resulting in application of strong acid on the suspected tampered or erased numbers.
the formation of rust.
4. Metallic Fragment
EXAMINATION OF HAIR
HAIR – is a specialized outgrowth of the skin which occurs everywhere on
the human body except on the palm of the hands and the soles of the feet.
PARTS OF HAIR
1. Root – portion embedded in the skin
2. Tip – sometimes termed Point. The distal end of uncut hair.
3. Shaft – portion above the surface of the skin. The most distinctive part of
the hair.