SPECIAL CRIME INVESTIGATION WITH SIMULATION ON INTERROGATION AND INTERVIEW

Special Crime Investigation
 The emphasis or value is on physical evidence, real evidence or autoptic can be seen and
inspected (such as fingerprints, footprints, handprints, tidemarks, cut marks, tool marks, etc.)
rather than an extrajudicial confession or confession made out of court).
 Special crime investigation focuses on specific crimes which by their nature are difficult and
complex or important to investigate.
 Deals with the study of major crimes based on the application of special investigative
techniques.
 It is the study of modern techniques in the investigation of serious and specific crimes including
murder, homicide, rape, abortion, robbery, arson, kidnapping and criminal negligence
(offense that arises primarily in situations involving the death of an innocent party as a result of
the operation of a motor vehicle by a person who is under the influence of drugs and alcohol).
 Special investigative techniques and modern techniques
 Complete criminal investigation can include searching, interviews, interrogations, evidence
collection and preservation, and various methods of investigation. Modern-day criminal
investigations commonly employ many modern scientific techniques known collectively as
forensic science

HOMICIDE/DEATH INVESTIGATION
 Art. 249 Homicide the deliberate and unlawful killing of one person by another
 is another term for the killing of one person by another which was not attended by any qualifying
circumstances of neither parricide, murder nor infanticide.

The following are the elements of the crime of homicide:

1. That the person was killed.
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed/assumed.
4. That the killing was not attended by any qualifying circumstances of murder or by that of parricide
or infanticide.

Crimes Against Persons

(Destruction of Life)
Art. 246 Parricide
Committed by any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants (moving upward) or descendants (a person who is related to
you and who lives after you) such as your child or grandchild) or his spouse.

Art. 247 Death or physical injuries inflicted under exceptional circumstances

Committed by any legally married person who, having surprised his spouse in the act of
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.
If he shall inflict upon them physical injuries of any kind, he shall be exempted from punishment.

What is the penalty of a person committed death or physical injuries inflicted under exceptional
circumstances?
 Prohibition to enter the place or places designated in the sentence, nor within the radius therein
specified, which shall be not more than 250 and not less than 25 kilometers from the place
designated.
 Destierro

Art. 157 Evasion of Service of Sentence - The penalty of prisión correccional (6months-6years) in its
medium and maximum periods shall be imposed upon any convict who shall evade service of his
sentence by escaping during the term of his imprisonment by reason of final judgment.

Art. 248 Murder

ELEMENTS OF MURDER:
 With treachery (betrayal/ kataksilan) taking advantage of superior strength, with aid of armed
men, or employing means to weaken the defense or of means or persons to insure or afford
impunity.
 Treachery - means that the offender party was not given opportunity to make a defense.
 In consideration of a price, reward or promise.
 By means of inundation or flood, fire, poison, explosion, shipwreck, stranding of vessel,
derailment/ car leaving or assault upon a railroad, fall of an airship, or by means of motor
vehicles or with the use of any other means involving great waste and ruin or destruction.
 On occasion of any of the calamities of an earthquake, eruption of a volcano, destructive
cyclone/storm, epidemic or other public calamity.
 With evident premeditation.

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 • Premeditation - planning or preparation is the act of mediating in advance; deliberation upon a
contemplated act; a design form to do something before it is done.
• There is no evident premeditation without proof of planning.
• Evident – Clear to the eye or judgment
 With cruelty, by deliberately or intentionally and inhumanly augmenting the suffering of the
victim, or outraging or scoffing/harsh at his person or corpse.
 Penalty: Reclusion perpetua (20 years and 1 day to 40 years) to death.

Art. 255 Infanticide

 Committed by any person who shall kill any child less than three days of age (less than 72
hours).
 Penalty: The penalty provided in parricide and murder shall be imposed

PRINCIPLE:
Treat all cases of death that you come across as a homicide at first, even suicides.

Law of Multiplicity of Evidence.

The greater the number of points of similarities and dissimilarities of two persons compared, the
greater is the probability for the conclusion to be correct.

Julia Campbell ?

DNA - Deoxyribonucleic acid - is a molecule

composed of two chains that coil around each other
to form a double helix carrying genetic instructions
for the development, functioning, growth and
reproduction of all known organisms and many
viruses

Categories of Modes of Death

1. Accidental Death - is caused by an accident such as a slip and fall, traffic collision, or
accidental poisoning.
2. Natural Death - is one that occurs as a result of the aging process or disease.
3. Suicide - the action of killing oneself intentionally
4. Homicide - is an act of a human killing another person. A homicide requires only a volitional act
that causes the death of another, and thus a homicide may result from accidental, reckless,
or negligent acts even if there is no intent to cause harm.
5. Judicial Death - is the intentional and premeditated killing of a person by means of capital
punishment

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  Cadaveric spasm also known as postmortem spasm, instantaneous rigor, cataleptic
rigidity, or instantaneous rigidity - is a rare form of muscular stiffening that occurs at the
moment of death and persists into the period of rigor mortis.
 Rigor Mortis - stiffening of the joints and muscles of a body a few hours after death, usually
lasting from one to four days.

SUICIDAL Gun Shot Wound

 Suicide Gunshot wounds - are present are uncommon, but not rare. These wounds may
involve only one area, e.g., the head, or multiple areas, such as the head and chest. Multiple
gunshot wounds confined exclusively to the head are the least common, whereas those of the
chest are the most common.

Determining Motive
1. Crime Scene
Also known as “Locus Criminis” (a place where crime commited)
It is the primary source of information in determining the motive. Why?
What kind of evidence can we derive?

Majority of evidence are

found there. Physical evidence, real evidence
or autoptic evidence

2. People The most productive source for determining motive.

What kind of evidence can we derive?

Testimonial Evidence

Testimonial Evidence - can be defined as sworn statements of witnesses made in open court.
In its broad sense, this type of evidence includes oral and written statements made by
witnesses under oath and the statements procured by the police from witnesses, victims,
or suspects, during interrogation.

3. Record
 Last will and Testament, Suicide Notes, Insurance Record etc.
What kind of evidence can we derive?

Documentary Evidence

Documentary Evidence - is any evidence that is, or can be, introduced at a trial in the form of
documents, as distinguished from oral testimony. Documentary evidence is most widely understood to
refer to writings on paper (such as an invoice, a contract or a will).

Physical Evidence
 TWO KINDS:
1. Evidence brought to and left at the crime scene and
2.Evidence taken deliberately or intentionally or accidentally from the crime scene.

Crime Reconstruction
1. PHYSICAL RECONSTRUCTION - usually done during crime scene investigation.
2. MENTAL RECONSTRUCTION - by affidavit of witnesses and testimony of the victim.

Dying Declaration
 AKA “Ante Mortem Statement”. (before death statement)
 A kind of hearsay evidence. Though generally not admissible in court, it is allowed into evidence
in homicide and murder cases.
 Why? BECAUSE…. It is the belief that human beings about to “meet their creator” are
strongly motivated to tell the truth.

Elements of Dying Declaration

1. The victim must believe he or she is about to die.
2. The victim must have no hope of recovery.
3. The victim’s declaration must identify the person responsible for his or her condition and state the
circumstances and manner by which the mortal injuries were inflicted.
4. The victim must be rational and competent.

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5. The victim must die from the injuries received.

ESTIMATING THE TIME OF DEATH (TOD)

Pallor Mortis
 Pallor mortis (Latin: pallor "paleness", mortis "of death"), the first stage of death.
 Happens almost instantly in those with light skin (within the first 15 to 120 minutes after the
death) and is caused by the lace of capillary circulation in the blood. Blood sinks down into thee
lower parts (according to gravity) of the body creating the livor mortis.

Algor Mortis (Body Cooling)

 Second stage of death. At death, the body starts to drop from it's normal, or the body
maintains a temperature of approximately 98.6 degrees fahrenheit or 36 degree celcius by a
factor of 3 degrees the first hour and a factor of 1 degree each subsequent hour. 
 Then, after 30 hours, it starts to go up again because of the heat generated by
decomposition or decay/pagkabulok

Post Mortem Caloricity

Definition: Post Mortem Caloricity is defined as an initial rise of temperature of the body after death,
followed by cooling (Algor Mortis) as usual.

Rigor mortis - stiffening of the joints and muscles, third stage of death
 Stiffening (a natural process) of muscle tissue
 The body is stiff/limp (tumitigas) until about 6 hours after death
 after death and is maximal at around 12 hours after death.

What part of the body will the Rigor Mortis starts?

JAW

DISCOLORATION OF DEAD BODY

 Livor Mortis - fourth stage of death, is a bluish purple discoloration. Within 3 to 6 hours after
death.
 Livor Mortis starts in 20 to 30 minutes, but is usually not observable by the human eye until
two hours after death. The size of the patches increases in the next three to six hours,
with maximum lividity occurring between eight and twelve hours after death. The blood
pools into the interstitial tissues of the body. The intensity of the color depends upon the
amount of reduced haemoglobin/red blood cells in the blood. The discoloration does not
occur in the areas of the body that are in contact with the ground or another object.

Post Mortem Lividity

body process is the setting of blood under the influence of gravity
 Hypostasis - the accumulation of fluid or blood in the lower parts of the body or organs under
the influence of gravity
 All the loose blood in the body runs down to the lowest point of gravity.
 Lividity (pagbaba ng dugo) begins after only 3 hours, and the blood becomes dried after only
12 hours

What is the other term for Post Mortem Lividity?

 HYPOSTASIS/ LIVOR MORTIS

Decomposition or Putrefaction - the process of decay or rotting (pagkabulok)

 Decomposition begins in 30 hours and then starts to rise rapidly after 48 hours.
* Putrefaction (Decay)*

Entomology
 Study of insects

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  Locate the largest (oldest maggot), measure it in millimeters and add the number two (2),
you'll have the approximate number of days since death.
 Maggot - is the larva of a fly, it is applied in particular to the larvae of Brachycera flies, such as
houseflies, cheese flies and blowflies.

AUTOPSY(to descover the cause of death) VS. POST MORTEM (examination of dead body)
EXAMINATION

Autopsy- An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) - is a

surgical procedure that consists of a complete examination of a corpse by to cut to pieces to determine
the cause, mode, and manner of death or to evaluate any disease or injury that may be present for
research or educational purposes.

CLASSIFICATION OF WOUNDS
1. ABRASIONS - An injury characterized by removal of the superficial epithelial layer of the
skin caused by a rub or friction
2. CONTUSIONS (PAMUMUO NG DUGO)- Effusion of blood into the tissues underneath the
skin on account of a rupture/harm of a blood vessel as a result of the application of blunt
force or violence.
3. HEMATOMA (PASA) - Extravasation or effusion/pamumuo of blood. A solid swelling of
clotted blood within the tissues.
4. LACERATIONS (PUNIT) - Blunt instrument is used
Edges are roughly cut, irregular and ill- defined or not having a clear description
5. STAB WOUNDS (SAKSAK) - Due to sharp pointed and sharp- edged instrument. Clean
cut, regular and distinct (knives, safety cutters, equipment with blades etc.)
6. INCISED WOUND(Cut/Slash/Slice)
 Sharp-edged instrument
 Clean cut

A defense wound or self-defense wound is an injury received by the victim of an attack while
trying to defend against the assailant. Defensive wounds are often found on the hands and
forearms, where the victim has raised them to protect the head and face or to fend off an assault, but
may also be present on the feet and legs where a victim attempts defense
 Location is important

CHOP WOUNDS
A wound caused by a heavy weapon or instrument with at least one sharp cutting edge. e.g., axe,
machete, often the wound has abraded margins/edge

7. GUN SHOT WOUNDS - is physical trauma caused by a scattershot or a bullet from a firearm.
Damage may include bleeding, broken bones, organ damage, infection of the wound, or
loss of the ability to move part of the body.

Gunshot Wound of Entrance

Characteristics inherent to the
wound of entrance:
1. Smudging - blackening of the edge because of smoke
2. Singeing (burn) of hair
3. Tattooing - burning dots
4. Abrasion or wound collar
GunShot Residue (GSR), also known as Cartridge Discharge Residue (CDR), "GunFire Residue"
(GFR), or Firearm Discharge Residue (FDR), is residue deposited on the hands and clothes of
someone who discharges a firearm.

Gun Shoot Wound of Exit

Characteristics inherent to the
wound of exit:
1. Everted - from the outside
2. Stellate - arrange like that of a star

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 3. No burning, tattooing (stain)
4. Varied shapes

Odd and Even Rule

Odd 1, 3, 5, 7 and Even 2, 4, 6, 8
 If the number of gunshot wounds of entrance and exit found in the body of the victim is EVEN,
the presumption is that no bullet is lodged in the body.
 But if the number of gunshot wounds entrance and exit is ODD, the presumption is that one or
more bullets might have been lodged in the body.

ASPHYXIA
- there is a pronounced retention or holding of oxygen
- there is a subsequent increase in respiratory action since there is an obstruction in the respiratory
orifices
-a condition arising when body is deprived of oxygen causing unconsciounes or death.

Kinds of Asphyxia
1. Hanging - A ligature or thing or device such as a rope is wound around the neck in a snug fit
and the person lets his own weight apply the suffocating force.
 Cyanosis evident is a bluish discoloration of skin, tongue, lips, especially at dependent
portions of the body (fingers, lips, and if still hanging, the hands and feet)

2. strangulation - Applying direct force to a ligature device tightened around the neck to suffocate
the victim or self (Pagsakal gamit ang tali o lubid)

DIFFERENCE WITH HANGING:

-it is not the body’s own weight that is applying the suffocating force but the perpetrator
himself using a ligature device like a rope

3. throttling (attack or kill by choking) - Application of compressive force around the neck using
bare hands

4. drowning - Drowning is a type of suffocation induced by the submersion or immersion of the

mouth and nose in a liquid
5. suffocation

PHASES OF DROWNING BEFORE DEATH

Drowning can be considered as going through four stages
1. Breath-hold under voluntary control until the urge to
breathe due to hypercapnia/relation becomes overwhelming
2. Fluid is swallowed and/or aspirated into the airways
3. Cerebral anoxia (brain is completely deprived of oxygen) stops breathing and aspiration
4. Cerebral injury due to anoxia becomes irreversible

ABORTICIDE / ABORTION
 Aborticide - destruction of a fetus. Also called Feticide.
 a drug (or other chemical agent) that causes abortion, abortion-inducing drug abortion pill, an
abortion-inducing drug developed in France, when taken during the first five weeks of
pregnancy it blocks the action of progesterone so that the uterus sloughs off the embryo
 The killing of the fetus inside the womb - Under the RPC, abortion ordinarily means the
expulsion of the fetus before the 6th month or before the term of its viability, that is, capable of
sustaining life. But, as long as the fetus dies as a result of the violence used or the drugs
administered, the crime of abortion exists, even if the fetus is full term.

ARTICLE 256. Intentional Abortion - Any person who shall intentionally cause an abortion shall
suffer:
1. The penalty of reclusión temporal 12 year ansd 1 day to 20 years), if he shall use any violence upon
the person of the pregnant woman.
2. The penalty of prisión mayor (six years and one day to twelve years) if, without using violence, he
shall act without the consent of the woman.
3. The penalty of prisión correccional (6 months and 1 day to 6 years) in its medium and maximum
periods, if the woman shall have consented

ARTICLE 257. Unintentional Abortion - The penalty of prisión correccional (6 months and 1 day to 6
years) in its minimum and medium period shall be imposed upon any person who shall cause an
abortion by violence, but unintentionally.

It is the painless death of a person suffering from incurable disease to cut-short his suffering.
EUTHANASIA/MERCY KILLING

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It is simply defined as the bringing out from the grave the remains of a dead person for purposes
of medico-legal re-examination. EXHUMATION

Essential elements of Rape: (1st Par.)

1) That the offender is a man;  
2) That the offender had carnal knowledge of a woman;
3) That such act is accomplished under any of the following circumstances:  
(a) By using force or intimidation; or  
(b) When the woman is deprived of reason or otherwise unconscious; or  
(c) By means of fraudulent machinations or grave abuse of authority; or  
(d) When the woman us under 12 years of age or demented.

Rape through Sexual

Intercourse
Sexual intercourse (or coitus or copulation) is sexual activity typically involving the insertion
and thrusting of the penis into the vagina for sexual pleasure, reproduction, or both. This is also
known as vaginal intercourse or vaginal sex.

Essential elements of rape: (2nd Par.)

1) That the offender commits an act of sexual assault;
2) That the act of sexual 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;
 Rape through Sexual Assault
 Any person (male or female)

Sexual assault - is an act in which a person intentionally sexually touches another person without
that person's consent, or coerces or physically forces a person to engage in a sexual act against
their will.

3) 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;
 By means of fraudulent machination or grave abuse of authority;
 When the woman is under 12 years of age or demented.

Is there a need for the hymen to be destroyed in order to consummate the crime of rape?
 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) of the pudendum (vagina) by the male organ is
considered as consummated rape because there is a slight penetration.”

It is the laceration (deep cut or tear in skin) or rapture of the hymen as a result of sexual intercourse.
 DEFLORATION

What if the child (12 yrs and below) consents with the sexual intercourse, is there still rape?
Yes, even if the child consented to the sexual intercourse, her consent is not valid because by
her age, she could not give a valid consent.
STATUTORY RAPE

Art. 293 What is Robbery?

 It is 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 things.

TWO TYPES OF ROBBERY

(Based on RPC)
 Force upon things as means of entry to the house or building; and

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  Intimidation (action of intimidating/frighten someone),or violence upon persons

Elements of Robbery:
1. That there must be personal property;
2. That personal property belonging to another;
3. That the taking must be with intent to gain;
4. That there is violence against or intimidation of any person, or force upon anything.

Art. 308 WHAT IS THEFT?

 Any person who, with intent to gain but without violence against or intimidation of persons
nor force upon things, shall take personal property of another without the latter's
consent.

Mr. “A” is angry to Mr. “B”. One day Mr. “A” go to the nipa house of Mr. “B” and destroyed the
sidings/sidetrack of the house. When Mr. “A” is about to leave, he noticed that he may use a portion
of the nipa to his house. What crime was committed by Mr. “A”?
Theft – committed by any person who, with intent to gain but without violence against or intimidation
of persons nor force upon things, shall take personal property of another without the latter’s consent
1. Having found lost property, shall fail to deliver the same to the local authorities or to its owner;
2. After having maliciously damaged the property of another, shall remove or make use of the fruits or
object of the damage caused by him; and
3. Enter an enclosed estate or a field where trespass is forbidden or which belongs to another and
without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other
forest or farm products

Carnapping - Republic Act No. 10883, or otherwise known as the New Anti-Carnapping Act of
2016 (RA 10883) is a law which punishes carnapping in the Philippines.
 For purposes of knowing what carnapping is, one must be able to know what motor vehicle is,
in the first place. As defined under this law, motor vehicle refers to any vehicle propelled
(cause to move) by any power other than muscular power (ability to generate as much
force as possible), as quickly as possible. using the public highways.
 Note that the following are not embraced in the definition of a motor vehicle under the law and
thus cannot be the subject of carnapping, to wit: road rollers, trolley cars, street sweepers,
sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used
on public highways; vehicles which run only on rails or tracks; and tractors, trailers and traction
engines of all kinds used exclusively for agricultural purposes.

RA 10883 punishes the crime of carnapping which refers to 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.

CRIMES AGAINST LIBERTY AND SECURITY

Art. 267. Kidnapping and Serious illegal detention. - Any private individual who shall kidnap or
detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion
perpetua to death:
1. If the kidnapping or detention shall have lasted more than five days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if
threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, female or a public officer.
The penalty shall be death where the kidnapping or detention was committed for the purpose of
extorting ransom from the victim or any other person, even if none of the circumstances above-
mentioned were present in the commission of the offense.

Art. 268. Slight illegal detention. - The penalty of reclusion temporal shall be imposed upon any
private individual who shall commit the crimes described in the next preceding article without the
attendance of any of circumstances enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the
crime.
If the offender shall voluntarily release the person so kidnapped or detained within three days
from the commencement of the detention, without having attained the purpose intended, and before
the institution of criminal proceedings against him, the penalty shall be prision mayor (6months of 6
years) in its minimum and medium periods and a fine not exceeding seven hundred pesos.

CRIMES AGAINST LIBERTY AND PROPERTY

PRESIDENTIAL DECREE NO. 1613
AMENDING THE LAW ON ARSON March 7, 1979

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 Sec. 1. Arson. - Any person who burns or sets fire to the property of another shall be punished
by Prision mayor. (6months to 6 years).

Simple Arson is either of the following: The intentional damaging by any explosive substance or the
setting fire to any property of another, without the consent of the owner.
The same penalty shall be imposed when a person sets fire to his own property under circumstances
which expose to danger the life or property of another.
Sec. 2. Destructive Arson. - is a contemplates the malicious burning of private and public structures,
hotels, buildings, edifices (big building), trains, vessels, aircraft, factories and other military, government
or commercial establishments by any person or group of persons. It is punishable by reclusion perpetua
to death.

PRESIDENTIAL DECREE No. 1612

ANTI-FENCING LAW OF 1979
a) "Fencing" - is the act of any person who, with intent to gain for himself or for another, shall buy,
receive, possess, 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.
(b) "Fence" - includes any person, firm, association corporation or partnership or other organization
who/which commits the act of fencing.