CRI 223 Specialized Crime With Legal Medicine

UNIVERSITY OF MINDANAO
Tagum College
Department of Criminal Justice Education
Physically Distanced but Academically Engaged
Self-Instructional Manual (SIM) for Self-Directed Learning (SDL)
Course/Subject: CRI 223 – Specialized Crime Investigation with Legal

Medicine 1
Name of Teacher: Maria Theresa M. Mulato, RCrim
THIS SIM/SDL MANUAL IS A DRAFT VERSION ONLY; NOT FOR

REPRODUCTION AND DISTRIBUTION OUTSIDE OF ITS INTENDED USE.
THIS IS INTENDED ONLY FOR THE USE OF THE STUDENTS WHO ARE
OFFICIALLY ENROLLED IN THE COURSE/SUBJECT.
EXPECT REVISIONS OF THE MANUAL.
DEPARTMENT OF TEACHERS EDUCATION
BSED in Social Studies Program
Mabini Street, Tagum City
Davao del Norte
Telefax: (084)655-9591 Local 116
Table of Contents
page
Part 1. Course Outline and Policies ...................................................... 1

Part 2. Instruction Delivery
CC’s Voice ............................................................................…….. 5
Course Outcomes .......................................................................... 5
Big Picture A: Unit Learning Outcomes ....................................... 6
Big Picture in Focus:ULOa ……………………………………………. 6
Metalanguage .......................................................................... 6
Essential Knowledge ............................................................... 7
Self-Help .................................................................................... 9
Let’s Check .................................................................................... 10
Let’s Analyze ......................................................................... 11
In a Nutshell .................................................................................... 12
Q&A List .................................................................................... 13
Keywords Index ......................................................................... 13
Big Picture in Focus:ULOb …………………………………………… 14
Metalanguage .......................................................................... 14
Self-Help .................................................................................... 17
Let’s Check .................................................................................... 17
Let’s Analyze ......................................................................... 18
In a Nutshell .................................................................................... 19
Q&A List .................................................................................... 20
Keywords Index ......................................................................... 20
Big Picture B: Unit Learning Outcomes ............................................. 21

Big Picture in Focus:ULOa ……………………………………………… 21
Metalanguage .......................................................................... 21
Self-Help .................................................................................... 24
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Let’s Check .................................................................................... 24

Let’s Analyze ......................................................................... 25
In a Nutshell .................................................................................... 27
Q&A List .................................................................................... 28
Keywords Index ......................................................................... 28
Big Picture in Focus:ULOb …………………………………………… 29
Metalanguage .......................................................................... 29
Self-Help .................................................................................... 33
Let’s Check .................................................................................... 33
Let’s Analyze ......................................................................... 35
In a Nutshell .................................................................................... 36
Q&A List .................................................................................... 37
Keywords Index ......................................................................... 37
Big Picture C: Unit Learning Outcomes ......................................... 38

Metalanguage .......................................................................... 38
Self-Help .................................................................................... 43
Let’s Check .................................................................................... 43
Let’s Analyze ......................................................................... 44
In a Nutshell .................................................................................... 45
Q&A List .................................................................................... 46
Keywords Index ......................................................................... 46
Big Picture in Focus:ULOb ……………………………………………… 47
Metalanguage .......................................................................... 47
Self-Help .................................................................................... 50
Let’s Check .................................................................................... 51
Let’s Analyze ......................................................................... 52
In a Nutshell .................................................................................... 53
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Q&A List .................................................................................... 54

Keywords Index ......................................................................... 54
Big Picture D: Unit Learning Outcomes ......................................... 55

Metalanguage .......................................................................... 55
Self-Help .................................................................................... 57
Let’s Check .................................................................................... 58
Let’s Analyze ......................................................................... 59
In a Nutshell .................................................................................... 60
Q&A List .................................................................................... 61
Keywords Index ......................................................................... 61
Big Picture in Focus:ULOb ……………………………………………… 62
Metalanguage .......................................................................... 62
Self-Help .................................................................................... 65
Let’s Check .................................................................................... 65
Let’s Analyze ......................................................................... 66
In a Nutshell .................................................................................... 68
Q&A List .................................................................................... 69
Keywords Index ......................................................................... 69
Part 3. Course Schedule ......................................................................... 70

Online Code of Conduct .............................................................. 71
Monitoring of OBD and DED............................................................ 72
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Course Outline: SST 212 – Microeconomics
Course Coordinators : Maria Theresa M. Mulato, RCrim

Email : mulato09111995@gmail.com
Student Consultation : by appointment
Mobile Number : 09772316870
Date of Effectivity : August 2020

Mode of Delivery : Online Blended Delivery
Time Frame : 54 Hours
Student Workload : Expected Self-Directed Learning
Requisites : CRI 222
Credit : 3-unit Lecture
Attendance Requirements : Minimum of 95% attendance in all scheduled
virtual or face to face sessions and the Learning
Management System (LMS)
Course Outline Policy
Areas of Concern Details
Contact and Non- This 3-unit course self-instructional manual is designed

contact Hours for blended learning mode of instructional delivery with
scheduled face to face or virtual sessions. The
expected number of hours will be 54, including the face
to face or virtual meetings. A Learning Management
System (LMS), Quipper, will be used to facilitate your
learning. Other sessions may also be conducted
through online communication channels such as
Facebook, Messenger, WhatsApp, Viber, E-mail, Line,
Zoom, Skype, or any other similar applications. You
may also contact the course coordinator through a
mobile number or telephone.
Assessment Task Submission of assessment tasks shall be on the 3rd, 5th,

Submission 7th, and 9th week of the term. The assessment paper
shall be attached with a cover page indicating the title
of the assessment task (if the task is a performance),
the name of the course coordinator, date of submission,
and the name of the student. The document should be
e-mailed to the course coordinator. It is also expected
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that you already paid your tuition and other fees before
the submission of the assessment task.
If the assessment task is done in real-time through the

features in the Learning Management System, the
schedule shall be arranged ahead of time by the course
coordinator.
Turnitin submission To ensure honesty and authenticity, all assessment

tasks are required to be submitted through Turnitin
(if necessary) with a maximum similarity index of 30% allowed. This
means that if your paper goes beyond 30%, the
students will either opt to redo her/his paper or explain
in writing addressed to the course coordinator the
reasons for the similarity. Also, if the document has
reached a more than 30% similarity index, the student
may be called for disciplinary action following the
University’s OPM on Intellectual and Academic
Honesty.
Please note that academic dishonesty such as cheating

and commissioning other students or people to
complete the task for you have severe punishments
(reprimand, warning, expulsion).
Penalties for Late The score for an assessment item submitted after the
Assignments / designated time on the due date, without an approved
Assessments extension of time, will be reduced by 5% of the possible
maximum score for that assessment item for each day
that the assessment item is late.
However, if the late submission of the assessment

paper has a valid reason, a letter of explanation should
be submitted and approved by the course coordinator.
If necessary, you will also be required to present/attach
pieces of evidence.
Return of Assignments / Assessment tasks will be returned to you within two (2)
Assessments weeks after the submission. This will be returned
through e-mail or via the Quipper.
For group assessment tasks, the course coordinator

will require some or few of the students for online or
virtual sessions to ask clarificatory questions to validate
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the originality of the assessment task submitted and to

ensure that all the group members are involved.
Assignment You should request in writing addressed to the course

Resubmission coordinator your intention to resubmit an assessment
task. The resubmission is premised on the student’s
failure to comply with the similarity index and other
reasonable grounds such as academic literacy three (3)
standards or other reasonable circumstances, e.g.,
illness, accident financial constraints.
Re-marking of You should request in writing addressed to the course

Assessment Papers and coordinator your intention to appeal or contest the score
Appeal given to an assessment task. The letter should explicitly
explain the reasons/points to contest the grade. The
course coordinator shall communicate with you on the
approval and disapproval of the request.
If disapproved by the course coordinator, you can

elevate your case to the program head or the dean with
the original letter of request. The final decision will come
from the dean of the college.
Grading System Your grades will be based on the following:
Examinations
First to Third 30%
Final 30% = 60%
Class Participations
Quizzes 10%
Assignments 5%
Research/Requirements 15%
Oral Recitation 10% = 40%
Total = 100%
Submission of the final grades shall follow the usual

University system and procedures.
Preferred Referencing Use the general practice of the APA 6th Edition.
Style
Student Communication You are required to have an e-mail account, which is a

requirement to access the LMS portal. Then, the course
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coordinator shall enroll the students to have access to

the materials and resources of the course.
You may call or send SMS to your course coordinator

through his/her phone number. Online communication
channels, such as those stated above, may be used.
You can also meet the course coordinator in person

through the scheduled face to face sessions to raise
your issues and concerns.
Contact Details of the Dr. Gina Fe G. Israel

Dean Dean of College
E-mail: deansofficetagum@umindanao.edu.ph
Phone: 0915 832 5092 / 0909 994 2314
Marck Lester L. Navales, CPA, MBA

Assistant Dean
E-mail: navalesmarck@umindanao.edu.ph
Phone: 0975 0517 851
Contact Details of the Jun Mark A. Asis, MSCrim
Program Head Email: makoyasis@gmail.com
Phone: 09384931993
Students with Special Students with special needs shall communicate with the
Needs course coordinator about the nature of his or her special
needs. Depending on the nature of the need, the course
coordinator with the approval of the program head may
provide alternative assessment tasks or extension of
the deadline for submission of assessment tasks.
However, the alternative assessment tasks should still
be in the service of achieving the desired course
learning outcomes.
Library Contact Details Clarissa R. Donayre, MSLS

E-mail: lictagum@umindanao.edu.ph
Phone: 0927 395 1639
Well-being Welfare Rochen D. Yntig, RGC
Support Help Desk GSTC Head
Contact Details E-mail: chenny.yntig@gmail.com
Phone: 0932 771 7219
Mersun Faith A. Delco, RPm

Psychometrician
E-mail: mersunfaithdelco@gmail.com
Phone: 0927 608 6037
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Alfred Joshua M. Navarro

Facilitator
E-mail: is40fotb@gmail.com
Phone: 0977 341 6064
Course Information – See or download the course syllabus in Quipper
CC’s Voice : Hello there! Good day! Welcome to this course CRI 223 –
Specialized Crime Investigation with Legal Medicine. As a
college student who aspires to become a law enforcer, it is
all-important to gain indispensable knowledge in crime
investigation to keep abreast with the modern techniques
used in investigating specific and major crimes that exists
in today’s time which are too difficult and complex to probe.
Crimes are dynamic, thus one must be well equipped with
knowledge and skills to successfully address a problem
despite the adversities that has been existing from time to
time.
CO : As a student of this course you are expected to have a

thorough or technical acquaintance with investigation or
expertness in the practice of criminal investigation including
but not limited to collection, handling, identification, and
preservation of physical evidence so as to be able to explain
and analyze its (crime detection and investigation) basic
concepts and integrate the said concept in various real life
situations.
Let us begin!
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BIG PICTURE A
Week 1-3: Unit Learning Outcomes (ULO): At the end of the unit, you are expected
to:
a. Understand the nature of crime and the basic concepts of crime
investigation. Define the role and responsibility of an investigator and
explain the importance of the qualities an investigator most possess in
relation to the success of an investigation including the tools and methods
of investigation; and
b. To get acquainted with the terms and definition in special crime
investigation and analyze the needs of different specialized crimes
involving death.
Big Picture in Focus: ULOa. Understand the nature of crime and the basic
concepts of crime investigation. Define the role and responsibility of an investigator
and explain the importance of the qualities an investigator most possess in relation
to the success of an investigation including the tools and methods of investigation
Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please
refer to these definitions as supplement in case you will encounter difficulty in
understanding the basic concepts of Special Crime Investigation.
1. Criminal Investigation is an act of systematic examination of facts and or

circumstances surrounding a case for the purpose of determining the truth
so as to answer legal questions.
2. Criminal Investigator a trained individual tasked to conduct criminal
investigation whenever a crime transpires.
3. Crime Scene the area where the crime transpired.
4. Crime is an action or activity that violates a particular law subject to
investigation by the law enforcement, prosecution of the prosecutor and
adjudication by the court.
5. Crime Scene Search is the search conducted at the crime scene in order
to find physical evidences that will be used for the identification of the
perpetrator and for the determination of truth with regards to the crime.
6. Physical evidences also called real evidence is any item or material
usually found at the crime scene that can be perceived through our senses
which have a connection or role in the commission of the crime.
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Essential Knowledge
The following are basic concepts of criminal investigation that may be useful for you to
understand this field of expertise. The said concepts might be confusing or difficult as a
beginner but at the later part of this unit would be of great help for you to understand the
nature of its existence. Please note that you are not limited to exclusively refer to these
resources. Thus, you are expected to utilize other books, research articles and other
resources that are available in the university’s library e.g. ebrary, search.proquest.com
etc., and even online tutorial websites.
1. Criminal Investigation is an applied science that involves the

study of facts that are then used to inform criminal trials. It’s a task
that seeks to gather information, data and evidences that will help
solving a specific crime. It is usually conducted by a skilled person
in criminal detection and investigation whom we refer to as an
“investigator”. The said investigator can either be from a
government or a private investigative body which is assigned to
conduct a criminal investigation when a crime is committed. Crime
on the other hand refers to the action (e.g. Robbery, Murder and
etc) or omission (e.g. failing to pay taxes and child support) which
constitutes an offense and can be prosecuted by the state and is
punishable by law. But some of these crimes are not necessarily
evil in nature yet considered as a “wrongful act” because of the
existence of a certain law which prohibits its performance.
According to the Revised Penal Code of the Philippines, these
crimes can be committed by means of culpa (fault) or dolo
(deceit).
2. Criminal investigations are conducted primarily for the prevention

of crimes, and the mean of this process is twofold;
• First, the investigator will attempt to identify the and safely

apprehend the violator and;
• Secondly, produce him/her (violator) before a proper court of
law.
When crimes occur, it is the duty of the Law Enforcers to

immediately perform their task which includes but not limited to
determining whether a crime has actually been committed,
identifying the perpetrator, apprehending the said person and
providing evidence of his guilt. Probably, these efforts made by the
Law Enforcement agency served to restraint recidivism thereby
reducing overall crime.
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3. The paramount factor to the success of the investigation lies on the

qualities of the investigator, thus one must possess the following
characteristics:
• Perseverance – steadfastness, persistence, and resolution to

bring the desired conclusion in spite of obstacles connected
with criminal investigation.
• Endurance – it is the ability to last physically and mentally,
enduring sleepless nights and tiresome days.
• Incorruptible honesty and integrity – the ability to resist or
avoid temptations.
• The Intelligence and Wisdom of Solomon – this is the
ability of the investigator to decipher falsehood from truth and
separate the grain from the chaff.
• The knowledge of psychology and other natural sciences
– the investigator must know the different patterns of human
behavior, the prevailing situations in a specific environment
and the laws of nature in order to detect the deception and
lies.
• Acting Ability – the ability to go down to the level of the minor,
the prostitute or slum dwellers, or the level of the other
professionals or the members of the elite.
• Mastery of Oral and Written Communication – the
investigator must know how to communicate with the people
in the community through oral or written form.
• The keen power of observation and description – the
investigator must know how to observe and describe
accurately especially in crime scene investigation.
• Courage – the moral fortitude to tell the truth no matter who
will be hurt.
• Working knowledge of criminal law, evidence, criminal
procedure and penal special laws.
• Sense of justice and fair play.
• The power to “read between the lines”
• Working knowledge of martial arts and firearms
proficiency – extra skill that can be used by the investigator
in situations like arresting and interrogating a certain suspect.
4. Three tools of investigation (Three I’s of Investigation)

• Information – The knowledge or facts that the investigator
had gathered or acquired from persons or documents, which
are pertinent or relevant concerning the commission of a
crime or criminal activities. And this information is classified
according to its sources.
4..1 Regular Source – records, files from government or
non-government agencies, news items.
4..2 Cultivated Sources – these are information given by
informants or informers.
4..3 Grapevine Sources - these informations are those
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coming from the underworld characters such as

prisoners or ex-convict.
• Interview and Interrogation – (Interrogation) is the process

of obtaining admission or confession from those persons
suspected to have committed a crime. This process is usually
applied to uncooperative and reluctant witness. Although a
witness, they will be treated as a suspect in order for them to
feel the need to divulge the information needed by the
investigator. (Interview) on the other hand, refers to the
gathering of information in a normal manner. (Field Inquiry)
Refers to the general questioning of all persons at the crime
scene conducted by the investigator.
• Instrumentation – Is sometimes called as “criminalistics”. This

refers to the application of instruments, tools and police sciences
in criminal detection. The use of the police laboratory in the
examination of physical evidence, such as Forensic Ballistics and
other sciences.
5. The Four Methods of Crime Scene Search (Note: there is no

other applicable meaning in the field of criminology education)
• Strip Method – the searchers proceed slowly at the same
place along the path parallel to one side of the rectangle. At
the end of the rectangle, the searchers turn and proceed back
along new lanes but parallel to the first movement.
(This picture was taken from quizlet.com)
• The Double Strip or Grid Method – It has the same process

as that of the strip method but with modification that the lanes
covered by the strip method are reprocessed twice.
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(This photo was taken from quizlet.com)
• The Spiral or Circular Method – The searches follow each other in a path of
spiral, beginning in the outside and spiraling towards the center of the scene.
• Zone Method – The area divided into quadrants and each searcher is assigned
to his specific quadrant. This method is sometimes called quadrant method.
• The Wheel, Radial or Spoke Method – This method is applied if the area to be
searched is approximately circular or oval. The searchers gather at the center
and proceed outward a radii or spokes. The setback of this method is that the
distances of the searchers increase as they proceed outward.
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6. Sketching the Crime Scene – (Sketch) it is the graphic

representation of the crime scene with complete measurements of
the relative distances of relevant objects and conditions obtaining
therein. There are two general kinds of sketch and these are the
following:
• Rough Sketch – It is made by the investigator at the crime
scene which is full of important details. This is used as the
basis for the finished sketch.
(This photo was taken from jessmiller1.blogspot.com)
• Finished Sketch – This is sketch with a scale of proportion

and drawn by a draftsman. The rough sketch and the finished
sketch are for courtroom presentation.
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(This photo was taken from jessmiller1.blogspot.com)
7. Reconstructing the Crime – It is the assessment made by the

investigator after the crime scene investigation, of how the crime is
committed. The following are the kinds or ways of crime
reconstruction:
• Physical Reconstruction – reconstructing the crime is based

on the physical appearance of the crime scene mainly
focused on the pieces of physical evidence. And the accounts
of witnesses and suspects.
• Mental Reconstruction – based on the physical
reconstruction, some conclusions could be formulated taking
into account all available pieces of evidence.
Self Help: You can also refer to the sources below to help you further
understand the lesson:
Villaluz, J & Rodriguez, R (2014). Instructional Module on Special Crime Investigation.

Quezon City, Philippines: Wiseman Books Trading Inc.
Let’s Check
Let us try the following activities to check your understanding in this unit.
Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements. (One point each)
1. Information furnished by informants or informers.

2. Is the general questioning of all persons at the crime
scene conducted by the investigator.
3. Information coming from the underworld characters
such as prisoner or ex-convicts.
4. This is the knowledge which the investigator have
gathered or acquired.
5. It is also called as criminalistics.
Activity 2. True or False. In the space provided, write T if the given statement is true and F
if false. (One point each).
1. Sensitivity to people’s feelings means that an investigator can speak
effectively to people and a good listener.
2. Perseverance is the ability of the investigator to go down to the level of
minors, prostitute or slum dwellers.
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3. Mental Reconstruction is based on physical reconstruction; some

conclusions could be formulated taking into account all available pieces
of evidence.
4. As an investigator, why they need to preserve the physical evidence in
order to maintain the same physical condition and appearance of
evidence.
5. Sketch is as assessment made by the investigator after crime scene
investigation of how crime is committed.
Let’s Analyze
Let us try the following activity to know how deep your understanding on the topics in
this unit.
1. Discuss narratively the distinction between an interview and interrogation.

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2. Explain the importance of science in criminal investigation.

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In a Nutshell
In this part you are going to jot down what you have learned in this unit. The said
statement of yours could be in a form of concluding statements, arguments, or perspective
you have drawn from this lesson. The first two items are done for you.
1. The study of criminal investigation is indeed vital in becoming a quality law

enforcer. Hence, it is imperative that criminology students must have a strong
foundation regarding basic principles in criminal investigation as it will be one
of their guiding tools in their future profession.
2. Criminal Investigation requires a lot of expertise specially in the field of

scientific aspect as it is very necessary in proving that evidences are of value
once it is being presented in the court.
Now it’s your turn!
1.
2.
3.
4.
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5.
__
Q&A List
You are free to list down all the emerging questions or issues in the provided spaces
below. These questions or concerns may also be raised in the LMS (Quipper) or other modes.
You may answer these questions on your own after clarification. The Q&A portion helps in the
review of concepts and essential knowledge.
Questions/Issues Answers
1.
2.
3.
4.
5.
Keywords Index
Criminal Investigator Zone Search Grid Search

Criminal Investigation Strip Search Interview
Crime Scene Search Finished Sketch Interrogation
Crime Scene Rough Sketch
Physical Evidence Physical Reconstruction
Information Mental Reconstruction
Instrumentation Crime Scene Reconstruction
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Big Picture in Focus: ULOb. To get acquainted with the terms and definition in
special crime investigation and analyze the needs of different specialized crimes
involving death.
Metalanguage
The following are terms to be remembered as we go through in studying this unit.

Please refer to these definitions as supplement in case you will encounter difficulty in
understanding the basic concepts of special crime investigation.
1. Homicide a generic term used to denote killing of a person. Such killing
must not have aggravating circumstances for it not to be qualified as
murder.
2. Sex Crimes these are category of offenses that occurs when the unlawful
acts committed involves sexual conducts by one person towards another
person.
3. Robbery Article 293 of the Revised Penal Code defines robbery as a
crime committed by any person who, with intent to gain, shall take any
property belonging to another, by means of violence or intimidation of any
persons, or using force upon anything shall be guilty of robbery.
4. Arson it is the willful burning of one’s property.
5. Swindling or Estafa it is an act of obtaining money or property to another
person by the use of fraud or deceit.
6. Bank Frauds the illegal act of obtaining money or property from a bank or
financial institution by an individual or an organization.
7. Kidnapping the act of taking away of someone and holding them captive
usually in exchange of ransom.
8. Bombing an attack of a place or vehicle by the use of explosive device in
order to create violence.
9. Falsification of Documents an illegal act of changing or modifying the
contents of a document, which includes but not limited to forgery,
counterfeiting, with intent to mislead another person or entity.
10. Narcotics Death Investigation this is an investigation conducted to
deaths related to drugs.
11. Hit and Run Accident Investigation this is a category of investigation
conducted to cases involving hit and run vehicular accidents.
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Essential Knowledge
Before we proceed further with the study of special crime investigation, it is highly
important that we pay tribute to the different foundations of special crime investigation. As a
quality investigator, you should have a commendable knowledge of these pillars in the study of
investigation.
1. The following are the terms and definition in special crime investigation and some of
these terms are cases subject of special crime investigation.
• Homicide (Generic term which includes murder, parricide,
infanticide or death where suicide is suspicious)
• Sex Crimes
• Robbery (Theft and Carnapping)
• Arson
• Swindling or Estafa cases
• Bank Frauds
• Kidnapping
• Bombing
• Falsification of Documents
• Narcotics Control Investigation
• Narcotics Death Investigation
• Hit and Run Accident Investigation
2. Homicide Investigation has three bridges which shall not be crossed; otherwise it will
compromise the investigation and these are the following;
a. The first bridge is the body has been moved.
b. The second bridge is when the cadaver has been embalmed.
c. The third bridge is when the dead person is burned o cremated.
3. Autopsy is the process by which the pathologist or the medico-legal officer conducts an
examination on the cadaver. Autopsy should be performed at once when there is the
slightest reason to suspect the probability of homicide. The kinds of autopsies could
either be a hospital or non-hospital autopsy. This is done on a human body with a
consent of the deceased person’s relative for the purpose of:
➢ Determining the cause of death;
➢ Providing correlation of clinical diagnosis and clinical symptoms;
➢ Determining the effectiveness of the therapy;
➢ Studying the natural course of disease process; and
➢ Educating students and physicians.
4. Medico-Legal or Official Autopsies are done for the purpose of;

➢ Determining the cause, manner (mode) and time of death
➢ Recovering, Identifying, and preserving evidentiary material
➢ Providing factual, objective medical report for law enforcement,
prosecution and defense agencies.
5. When shall an Autopsy be performed on a dead body?

➢ SECTION 95 (b) PD. 865, Code of Sanitation:
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*Whenever required by special laws;

*Upon order of a competent court, a mayor and a provincial or city fiscal;
*Upon written request of police authorities;
*Whenever the Solicitor General, Provincial or City Fiscal as authorized by
existing laws, shall deem it necessary to disenter and take possession of the
*remains for examination to determine the cause of death; and
*Whenever the nearest kin shall request in writing the authorities concerned
in order to ascertain on the cause of death.
6. Persons who are Authorized to Perform Autopsies and Dissections;

a. Health Officers;
b. Medical officers of law enforcement agencies; and
c. Members of the medical staff accredited hospitals.
7. The following manner of death should be autopsied

a. Death by Violence
b. Accidental death
c. Suicide
d. Sudden Unexpected Nocturnal Death
e. Death unattended by Physician
f. D.O.A dead on arrival
8. Death – is the absence of life in a living matter. It also refer to the termination of life
and complete loss of vital functions of the body. Kinds of death are either;
1. Somatic or Clinical Death – is a complete, continuous and
persistent cessation of respiration, circulation and almost all
brain functions of an organism.
Clinical Types of Death
a) Sociological Death – sense of isolation and
abandonment
b) Psychic Death – gives up or surrenders accepting death
c) Biological Death – artificial support
d) Physiological Death – when all vital organs cease to
function
2. Molecular Death or Cellular Death – it is the cessation of life of

the individual cells in the body which occurs ones at a time after
a somatic death.
3. Apparent Death or State of Suspended Animation – It is a state

of temporary cessation of vital activities of the body. This
condition may be seen in disease or conditions like uremia,
hysteria, drowning and electrocution an sometimes in new born
infants.
9. Autopsy vs Post Mortem Examination – Post Mortem Examination of the dead body by
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the medico-legal officer at the crime scene. Autopsy is more detailed.
10. Autopsy or Necropsy Report – Is the medical document or report stating the cause of
death of the victim.
11. In medical science, a person will be considered dead when any of the three vital body
function is no longer performing:
a. Respiratory System
b. Cardiac Activity
c. Central Nervous System
12. The three (3) signs of presumptive death

a. Cessation of breathing or respiratory movement
b. Cessation of heart sounds
c. Loss of flushing on nail beds when pressure is released
13. Suspended Animation – It is the condition in which the cardiac activity, breathing and
functioning of the nervous system may reach a low level of activity that a homicide
investigator may be deceived into an assumption of death.
14. Conditions which produce simulated appearance of death:

a. Electric Shock
b. Prolonged Immersion in water
c. Poisoning from narcotics drug
d. Barbiturate Poisoning
e. Certain mental illness
15. Methods of Identifying the deceased;

a. Fingerprint
b. Skeletal studies by an anthropologist
c. Visual Inspection
d. Personal Effects
e. Tattoo Marks
f. Dental evidence by the forensic Odontologist
g. Clothing’s
h. Photograph
16. Common forms of External Violence
a. Contusion – an injury found in the substance of the skin discoloration of the

surface due to extravasations of blood caused by the application of a blunt
instrument.
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Image taken from https://leadingedgephysicaltherapy.com.au/common-conditions/sports-injuries/bruises-contusions/
b. Abrasion – injury characterized by removal of the specific epithelial layer of the

skin brought about by friction against a hard or rough surface.
(Image taken from https://en.wikipedia.org/wiki/Abrasion_(medical)
c. Hematoma – Extravasations of blood in the newly formed cavity known as

blood tumor caused by blunt instrument.
Image taken from abclawcenter.com
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d. Incised Wound – produced by sharp-edge instrument like bolo, broken glass,

etc.
Image taken from jaypeedigital.com
e. Stab Wound – forcible application of a sharp pointed with sharp edges.
Image taken from sciencephoto.com
f. Punctured Wound – produced by sharp pointed instrument.
Image taken from deviantart.com
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g. Lacerated Wound – tearing of the skin due to forcible contact with a blunt
instrument, which the edges are irregular.
Image taken from liberaldictionary.com
17. Terms connected with Homicide;

a. Homicide – the killing of a human being by another human being.
b. Sororicide – the killing of one’s sister.
c. Fratricide – the killing of one’s brother.
d. Matricide – the killing of a mother by her own child.
e. Patricide – the killing of a father by his own child.
f. Parricide – the killing of a person to whom he is related such as parent,
grandparent, legal wife, child or grandchild.
g. Infanticide – the killing of a child which is less than three days old.
h. Suicide – taking one’s own life intentionally and voluntarily.
i. Uxoricide – act of one who murders his wife.
j. Regicide – the murder or killing of a king.
k. Vaticide – the murder of a prophet.
l. Aborticide – the killing of the fetus inside the womb which is also called
“ABORTION”
m. Euthanasia – Mercy killing or painless death of a person suffering from
incurable disease to cut short his suffering. This is murder with the qualifying
aggravating circumstance of treachery.
18. Death Investigation – deals with the post-mortem investigation of sudden and
unexpected death.
19. Forensic Pathology – is the branch of medicine associated with the study of structural
changes in the body caused by disease or injury. There are actually two branches of
pathology:
a. Anatomic – These deals with structural alterations of the human body.
b. Clinical – These deals with laboratory examination of samples removed from
the body.
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20. Death Scene Investigation

a. For the pathologist and criminal investigator to perform a thorough
investigation, the death scene must be well documented.
b. By understanding the role of the pathologist and the natural changes that occur
in the body after death, the criminal investigator can gather information that is
useful to everyone involved in the investigation.
21. Forensic Pathologist have multiple roles in a death investigation as to:

a. Establishing cause of death
b. Establishing manner of death
c. Estimating the time of death
d. Inferring the type of weapon used
e. Establishing the identity of the deceased
f. Determining the additive effect of trauma or pre-existing conditions.
22. Cause of Death – this is a specific medical diagnosis denoting a disease or injury (e.g.,
myocardial infraction, strangulation, gunshot wound).
a. Proximate Cause of Death – the initial injury that led to a sequence of events,
which caused the death of the victim.
b. Immediate Cause of Death – the injury or disease that finally killed the
individual.
❖ Example: A man burned extensively as a result of a house
fire, dies two weeks later due to sepsis. The proximate
cause of the death is his burns, leading to sepsis, which is
the immediate cause of death.
23. Manner of Death – this determine deals with the legal implications superimposed on
biological cause and mechanism of death;
a. Suicide – the victim caused his/her death.
b. Accidental – in this manner of death, the individual falls victim to an accident.
Some degree of human negligence may be involved in accidental deaths, but
the magnitude of the negligence falls short of that reasonably expected in
negligent homicide.
c. Natural Cause – the victim dies as a result of natural causes.
24. Post Mortem Changes in the Body, when a person dies, there are series of changes that
goes through in the body. Understanding and recognizing these changes is particularly
useful for the crime scene investigator as these changes can be vital factors in predicting
the approximate time of death and whether or not the body was moved after death
occurred. Anti Mortem on the other hand are the events that took place before the
death of a person.
25. Algor Mortis (Cooling of the Body). The standard that is commonly applied is that te
body cools at a rate of 1 ½ °F (17 °C) per hour. Based on a deep rectal temperature of
99.6 degrees (37.5 °C) in a living person, a rectal temperature of 95 degrees (35 °C) in a
deceased person would indicate a 3-hour postmortem interval. However, certain
drawbacks have been seen in this method of estimating the time of death since during
the first hour after death, the rate of cooling is slow and then after the first hour, the
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rate of cooling is dependent upon the following factors: the environmental temperature
(as heat and cold will affect the rate of cooling); the clothing worn by the deceased
(since more clothing will insulate the body and retard the rate of cooling); the state of
nutrition of the dead person (because thin people will cool rapidly than obese person
since fat also insulates the body and retard the cooling); the presence of wind (wind will
hasten the rate of cooling); relative humidity is also a factor as it is tied in with
temperature and wind as to how it affects the rate of cooling; whether or not the
deceased is in contact with water or wet or cold surface also affects the rate of cooling
(since presence of moisture will hasten the cooling); it is usually not known what the
body temperature of the victim was when he/she died (for example, if a person died of
heat stroke or hypothermia).
26. Livor Mortis also called as Hypostasis is the purplish discoloration of the body and organ
surfaces. The settling of the blood to the lower parts of the body due to gravity results
to Livor Mortis. Between half hour to two hours after death, livor becomes visible in the
skin of the dead person. During the early stage of death, the blood remains in the vessels
so the livor can be blanched by applying pressure to the affected part. During this
blanchable stage called Hypostatic Lividity, if the body is moved and the body position
is changed after the livor mortis becomes visible, the livor mortis can migrate away from
those dependant areas to the new dependant areas. In the later stage of death, the
blood hemolyzes and the hemoglobin breakdown causes pigment to leach out. At this
point, the livor mortis cannot be blanched by pressure and is said to be “fixed” and will
not migrate, even if the body position is changed this is called the Diffusion Lividity. The
period to which livor becomes fixed is also extremely variable, dependant on the
conditions described previously for body cooling. Because there are so many variable,
little useful information can be gained from livor mortis in trying to determine the time
of death. Livor Mortis is a great
indicator of whether or not the
body have been moved after
death since the blood settles to
the lower extremities of the body,
if the livor is found on the upper
extremities of the body, this is a
great sign that the body have been
moved.
* Areas of the skin that have pressure

since they are in contact with the
surface may prevent the livor mortis
from discoloring the skin at the point
of contact, resulting in the appearance
Photo credit to www.chem.fsu.edu
of a negative pattern on the skin.
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27. Rigor Mortis occurs when the muscles of the body become hardened as a result of the
chemical changes within the muscle fibers after death. The process is due to the
appearance of lactic acid and other by-products of metabolism. As the acid products
accumulate in the muscle fibers, the protoplasm, which is in a liquid state in life, begins
to gel, making the muscle rigid. The small muscles are affected first (chin muscles). Rigor
is detected in 2 to 4 hours after death, the hardening of the entire body completes in 6
to 12 hours. The stiffening of the body remains for 12 to 18 hours and begins to leave
in 24 to 36 hours, and the hardening is completely gone in 40 to 60 hours. However,
there are documented cases where it has gone in 9 to 23 hours, and others where it is
still present after 64 hours. The onset and departure of rigor mortis is greatly affected
by previously noted environmental conditions. Because of the great variability of the
onset of the rigor mortis, it is not a good indicator for determining the time of death.
An outward visual indication of the rigor mortis is the presence of “goose bumps” or
“goose flesh” on the skin. Rigor mortis is a good indicator of whether or not the body
was moved after the onset of rigor mortis.
Conditions Simulating Rigor Mortis:
a. Heat Stiffening - A condition characterized by hardening of the muscles

due to coagulation of muscle proteins when the dead body is exposed to
intense heat as by burning or immersion in a hot liquid.
b. Cold Stiffening - A condition characterized by hardening of the muscles

due to solidification of fats, muscles and fluids when the dead body is
exposed to extremely cold temperature.
c. Cadaveric Spasm or Spontaneous Rigidity - It is the instant stiffening of

a certain group of muscles which occurs immediately at the moment of
death, although its cause is unknown, it is associated with violent death
due to extreme nervous tension, and injury to the central nervous
system.
28. Desiccation occurs most prominently on the mucous membranes, which during life are
kept moist (by blinking, lip licking, etc.) and are no longer protected from drying upon
death. The membrane may look “burned”, and the conjunctiva may actually be black.
29. Decomposition also referred to as putrefaction, is the sequence of physiochemical

events that begins with death and ends with the dissolution of the nondurable parts of
the body. It begins with a greenish discoloration of the skin and mucous membranes.
The epidermis becomes detached from the membrane and slips off the body. Autolysis
refers to the action of digestive enzymes or ferments that break down the complex
protein and carbohydrate molecules in the body to simpler compounds. During the life,
these digestive enzymes only act on food in the stomach, but after death will break
down surrounding tissue. The combined effects of putrefaction and autolysis cause the
soft tissue of the body to decompose and break down into a liquid state. The rate of
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decomposition is dependent upon environmental conditions. High heat and high

humidity will increase the onset. Low temperatures and low humidity retard the onset.
30. Purge. As the body begins to transform into a liquid state and gases build within the
body, the gases force the fluid from the body. This fluid ranges from dark red and dark
brown to black, and has a very unpleasant odor. The gases will force the putrefied liquid
from the body and through the mouth, nose, vagina and anus. The liquid is referred to
as purge.
31. Mummification occurs when the body dries out faster than decomposition takes place
usually in hot, dry environments.
32. Abrasions are scratches and scrapes involving outer layers of the skin, including grazes
and impact impressions. Examination of abrasions can indicate the exact site of where
an object struck the skin and the direction the wounding object was travelling when it
struck the skin.
33. Contusion (Bruise) is an injury that does not break the skin but results in some
discoloration. Contusion may be produced postmortem. The force or intensity of a blow
cannot be judged by the size or color of the bruise. Bruise do not necessarily occur at
the site of impact.
Bruisability depends on:
• Age – children and older people tend to bruise easily.

• Sex – women generally bruise easier than men.
• Body Site – areas near the eyes or areas of loose skin bruise easier than
large muscled areas.
• Natural Disease – some disease or medical conditions will cause more
bruising than normal.
34. Lacerations is a torn ragged wound to the skin or internal organs. Lacerations can occur
as a result of a blow with a blunt instrument (club, fist, stick) or from extreme trauma
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as would be found in an automobile accident. A laceration to the external layers of skin

is referred to as cutaneous laceration. Internal lacerations refer to the rupture, splitting,
or fragmentation of internal organs.
Characteristics of Lacerations:
• Edges of the wound is abraded (scraped as in abrasion) and rigged.

• Bridging of vessels and nerves is present (vessels and nerves will
remain intact and visible within the wound “bridging” from one side
of the wound to the other).
• The skin surrounding the laceration may be undercut (separated
from the underlying muscle/bone). This is sometimes referred to as
shelving.
35. Coup and Contra Coup Injuries. Coup signifies that the injuries are located beneath the
impact (usually caused by blow). Contra coup are injuries on the opposite side from
where the blow was initiated.
Photo credits to www.scientificanimations.com
36. Pattern Injuries is an abrasion or other injury in which the shape of the object that
caused the injury leaves a negative impression on the body. Some examples of pattern
injuries are:
• Round or crescent shaped injuries from the head of a hammer.
• Cigarette burns
• Welts in a looped shape from a cord held by both ends.
• A buckle pattern from belt buckle.
• Bite marks (excellent for identification purposes).
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37. Cutting, Stabbing and Chopping Wounds. Sharp edge weapons can produce three types
of wounds:
• Incised (cutting) injuries
• Stabbing injuries
• Chopping injuries
*Characteristics of incised and stab wounds are discussed in the previous unit.
38. Chopping Wounds. Characteristics of chopping wounds include:

• Wounds can show as both incised and lacerations
• Large tissue damage (avulsion or evisceration)
• Can have skin torn away and organs torn out
• Possibility of broken bones
39. Defensive Wounds are injuries that occur to the victim as they are attempting to defend
themselves from an attack. The wounds are usually on the hands, fingers, and arms.
40. Gunshot Wounds is typically categorized by examining the characteristics of the wound
and by looking for the presence or absence of gunshot residues. The presence of
gunshot residue is used to determine the approximate muzzle to victim distance when
the firearm was discharged.
➢ Bullet Wounds – caused by bullets which are discharged from a firearm. The two types
of bullet wound are:
• Entrance Wound
• Exit Wound
➢ Factors that Affect Entrance Wound:

• Distance of the discharge of the firearm
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• The nature or type of the firearm

• The nature and amount of the gunpowder
• The affected part of the body
➢ Evidence of Suicidal Gunshot Wound

• A near contact fire, evidenced by burning or tattooing around the
world.
• Presence of one gunshot wound.
• Body part involved as accessible to the dexterous hand.
• Presence of suicide note.
• Wounding firearm is tightly held (Cadaveric Spasm)
➢ Evidence of Accidental Shooting

• Usually one shot
• No special area of the body involved
• Testimonies of witnesses
➢ Evidence of Homicidal Gunshot Wound

• Site of the entrance wound has no point of election
• Discharge or firearm is made when victim is some distance away
• Sign of struggle may be present
• Signs of disturbance in the surroundings maybe present.
Self-Help: You can also refer to the sources below to help you further
understand the lesson
Villaluz, J & Rodriguez, R. (2014) Instructional Module in Specific Crime Investigation.

Quezon City, Philippines: Wiseman’s Books Trading Inc.
Guevarra, R. (2010). Special Crime Investigation. Quezon City, Philippines: Wiseman’s

Books Trading Inc.
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Let’s Check
Activity 1. Identification. In the space provided, write the term/s being asked in the
following statements: (One point each)
_________1. Refers to the injury or disease that finally killed the individual.
_________2. A branch of pathology that deals with structural alterations of the human
body.
_________3. The killing of a human being by another human being.
_________4. an injury found in the substance of the skin discoloration of the surface due
to extravasations of blood caused by the application of a blunt instrument.
_________5. Extravasation of blood in the newly formed cavity known as blood tumor
caused by blunt instrument.
_________6. The killing of a person to whom he is related such as parent, grandparent,
legal wife, child or grandchild.
_________7. An injury characterized by removal of the specific epithelial layer of the
skin brought about by friction against a hard or rough surface.
_________8. Deals with the post-mortem investigation of sudden and unexpected death.
_________9. A manner of death, where the individual falls victim to an accident.
_________10. Autopsies cannot be performed without the consent of the deceased.
Activity 2. True or False. In the space provided, write T if the given statement is true and F if false.
(One point each).
_________1. Suicide is where the victim dies due to an accident.

_________2. In medical science, a person will be considered dead when one of the three vital
body function is no longer performing.
_________3. Hematoma is caused by an attack at the bones.
_________4. The Proximate cause of death refers to the injury or disease that finally killed the
individual.
_________5. An abrasion is caused by forcible application of a sharp pointed with sharp edges.
_________6. Forensic Pathologists have only one role in death investigation and that is to
establish the cause of death.
_________7. Natural cause is a manner of death where the victim caused his/her own death.
_________8. The killing of a fetus inside a womb is also called as euthanasia.
_________9. Regicide is the killing or murder of a King.
_________10. Necropsy Report is the medical document or report stating the cause of death of
the victim.
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Let’s Analyze
Let us try the following activities to know how deep your understanding about the
topics of this unit.
Activity 1. Cite at least 2 conditions where the methods in determining is applicable and
at least 2 drawbacks to this method to determining death. Indicate your answers on the
space provided. (One point each)
Conditions Drawbacks
ALGOR MORTIS 1. 1.
2. 2.
RIGOR MORTIS 1. 1.
2. 2.__________
LIVOR MORTIS 1. 1.
2. 2.
In a Nutshell
The importance of determination of the cause of death in criminal investigation is

undeniable. In this portion of the unit, you will be required give a scenario which shows
the proximate cause of death and immediate cause of death in a specific case.
1. Robbery Case
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1. Hit and Run Case
Q&A List
In this section you are going to list what boggles you in this unit. You may
indicate your questions but noting you have to indicate the answers after your question
is being raised and clarified. You can write your questions below.
1.
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2.
3.
4.
5.
Keywords Index
Vaticide Presumptive Death Violence
Regicide Homicide Postmortem
Autopsy Antimortem Algor Mortis
Death Livor Mortis Rigor Mortis
Pathologist Dessication Decomposition
BIG PICTURE B
to:
a. Exemplify the different types of sex crimes, discuss some cardinal
provisions of the Anti-Rape Law 1997 (R.A. 8353) and crimes against
property; and
b. Discuss important provisions of R.A. 9208 “Anti-Trafficking in Person Act of
2003”
c. Explain various concepts about R.A. 8042 or the “Migrant Workers and
Overseas Filipino Workers Act of 1995” including R.A. 8239 or the
“Philippine Passport Act of 1996”.
Big Picture in Focus: ULOa. Exemplify the different types of sex crimes, discuss
some cardinal provisions of the Anti-Rape Law 1997 (R.A. 8353) and crimes against
property
the pertinent provisions of R.A. 9208 anti- trafficking in person act of 2003.
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Metalanguage
The following are terms to be remembered as we go through in studying this unit. Please refer
to these definitions as supplement in case you will encounter difficulty in understanding the basic
concepts of special crime investigation.
1. Sex Crimes these are category of offenses that occurs when the unlawful
acts committed involves sexual conducts by one person towards another
person.
2. Crimes Against Property these are crimes committed by any person who
willfully takes property from another person without consent.
3. R.A. 8353 – The Anti-Rape Law of 1997)
Essential Knowledge
In today’s time, sex crimes are very rampant in the society. It chooses no specific
victim for the perpetrator would have a sexual attraction to all the individuals ranging
from an infant to an elderly. Thus, as an investigator one must possess knowledge to
ensure that these crimes will be investigated properly and thoroughly. Provided below
are the terminologies and some peculiar ways of sex offenders, including the crime
against property.
1. Sex Crimes. These are crimes triggered by emotion. A person who

commits sex crime has lost control of his emotions. It is not something
you can set out and analyze. It is a compulsion coming deep within the
offender. Gratification of sex urge is often done in strange and morbid
methods. It involves as addiction. Sex is a normal human need, hence,
this must be considered in the investigation of the sex crimes. Most of
the sex offenders have their peculiar way to commit this crime.
2. Sexual Harassment is a sexual act committed by any person by

uttering obscene languages which irritates the victim as well as the
unconventional sexual acts which are not in conformity with the moral
standard in the society.
3. Sexual Assault is a genderless crime which involves unconventional

sexual acts of violence and aggression committed on the genital, oral
or anal orifices of another person.
4. There are different categories of peculiar ways of sex offenders (sexual

deviations), namely:
a. Fetishism – refers to a person who satisfies sex urge through

wearing of an object (e.g. underwear of a woman) compulsively
used in attaining sexual gratification.
b. Symbolism – the representation of things by the use of symbols
especially in the art or literature such as systems of symbols and
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symbolic meanings and group of symbolist as in art as literature.

c. Ritualism – Sex offenders of this category use the same approach
or pretext all the time. This will help in solving serial rapes by
analyzing the peculiar rituals used.
d. Sex Fantasy or Dream World – the in the sex fantasy overcome
the offender who puts his dreams to reality to see if he will feel even
better and its importance to him.
e. Sadism – prior acts of cruelty before the sex encounter bring
climatic sexual satisfaction.
f. Masochism – sexual satisfaction is gained by being humiliated,
hurt or beaten before the sexual act.
g. Sado-masochism – inflicts injury and at the same time enjoys
having injury inflected upon him preceding the sexual act.
h. Voyeurism – a sexual gratification by looking at nude person.
Peeping toms are included in this category.
i. Satyrism – an abnormal sexual activity on the part of the men. The
abnormal sexual offender is called satyr which was derived from
Greek Mythology of a half man half goat animal who could
impregnate fifty female goats a day. Excessive or abnormal sexual
craving of male.
j. Nymphomania – the compulsive and uncontrollable feeling of a
woman to over indulge in sexual activity. The woman called
nymphomaniac.
k. Necromania or Necrophilia – sexual gratification on a dead
person or love towards a dead person.
l. Pedophilia – sexual gratification where the victims are children.
The person afflicted with this sexual perversion is the pedophile.
❖ Other terms connected with sex crimes:
a. Sodomy – sexual intercourse thru the anus or anal sex.

b. Oral Sex – sexual perversion where gratification is thru mouth.
c. Bestiality – sex gratification is thru sexual intercourse with animals
like pets such as dogs, cats, etc.
d. Impotency – the failure to have erection of the male organ.
e. Sterility – the failure to procreate or produce offspring. A man may
not be impotent but sterile and vice versa. A woman is never called
impotent but maybe sterile.
5. Virginity is usually associated with when tackling about sex crimes. It

is a condition of a woman where the hymen of her vagina is still intact
or unruptured. It does not mean that when hymen is intact no rape
happened. The mere touching of the labia majora or the major lips of
the pudendum (vagina) by the male organ is considered as
consummated rape due to slight penetration. Virginity is not an
element in the crime of rape because even the prostitute who is a
veteran of many foreign wars could be a complainant. Virginity not only
lost in sexual intercourse but by bicycle riding or other strenuous
physical exertion on the part of the woman, or the insertion of an object
while in the act of masturbation.
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6. Defloration – rupture or laceration of the hymen as a result of sexual

intercourse. All lacerations or rupture of the hymen by any other means
from sexual intercourse in not called defloration.
7. Kinds of Virginity
1. Moral Virginity
- Not physically and sexually matured
- Not experienced sexual intercourse
- Sex organs and secondary sec characteristics are not fully
developed
- Children below the age of puberty
2. Physical Virginity
- Conscious about sex life
- Sex organ and secondary sex characteristics are fully
developed
- Not experienced sexual intercourse
• True Physical Virginity – hymen is still intact and the opening is
small barely admits the tip of the smallest finger.
• False Physical Virginity – hymen is enraptured, elastic and
distensible and admits 1 or 2 examining fingers with least
resistance.
3. Demi-virginity – allows any form of sexual acts but refrain from

rupturing the hymen.
4. Virgo Intacta – had several sexual intercourse but had not born a
child.
8. Parts of the female Anatomy which may be considered in the

determination of the condition of virginity.
• Breast – are two masses of fleshy tissues at the region of the
chest with its nipple at the center and surrounded by brown or
pinkish areolae. But this is not a good basis to determine
virginity. A fully developed breast may be classified according
to shape as follows:
A Hemispherical Breast – the breast is like a hemisphere.
B Conical Breast – the breast similar to cone.
C Infantile or Flat Breast – the breast is only slightly elevated
from the chest without distinct boundary and showing no
definite shape.
D Pendulous Breast – the skin of the breast is loose making
it capable swaying in any direction.
• Vaginal Canal – a general rule, the vaginal canal of a virgin is

tight and the rugosities are sharp and prominent. Insertion of a
finger or instrument may show degree of resistance.
• Labia Majora and Labia Minora
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• Fourchette and Perineum – the fourchette is the V-shaped

structure formed by the anion of the labia majora posturing and
below the vaginal orifice.
• Hymen – this the thin fold of mucous membrane surrounding

by the vaginal orifice. It ruptures during sexual manipulation,
instrumentation or self manipulation.
9. Pregnancy – Is the state of woman has within her body the growing
product of conception or a fecundated germ. It commences the time
the egg cell fertilizes and terminates at the time such product of
conception is expelled or delivered. The average duration of
pregnancy is 270-280 days from first day of last menstruation.
10. Medical Evidence of Pregnancy

a. Presumptive or Probable signs and symptoms
1. Cessation of Menstruation
2. Morning Sickness
3. Changes in the Breasts
4. Progressive enlargement of the Abdomen
5. Changes in the color of the vagina and softening of the cervix.
6. Funic soufflé or umbilical soufflé
7. Ballotement
8. Braxton Hick’s Signs
9. Bladder Irritability
10. Capricious Appetite
11. Abnormality in Pigmentation
12. Early Fatigability
b. Positive sign and symptoms of pregnancy

1. Hearing of the fetal heart sounds (Major Signs)
2. Outlining of the fetal parts
3. Movement of the fetus (Quickening)
4. X-ray examination
11. Important Provisions of RA 8353 (Anti Rape Law of 1997)

Rape now is classified as crime against persons. Previously, it is
a crime against chastity. Thus, there is now an impossible crime of
rape. Raping a dead person believed to be alive by the offender is an
impossible crime of rape. Rape could be committed on male persons.
Marital rape could also now be committed by the husband. The
insertion of the penis or object into the mouth, genitals or anal orifice
of another person with carnal knowledge is rape.
11.1 A crime against person

Rape violates a woman’s well-being and not just her virginity or purity.
Any person, a man or a woman; prostitute or non-virgin can be a victim
of rape.
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11.2 A public offense
By declaring that rape is a crime against persons, the law no longer considers it as a
private crime therefore, anyone who has knowledge of the crime may file a case on the
victim’s behalf. Even if the victim drops the cases or pardon the offender, prosecution
can still continue.
11.3. What Constitute Rape?
1. Rape is committed under the following circumstances: a man has

sexual intercourse with a woman; through force, threat or
intimidation; when deprived of reason or is unconscious; through
fraudulent machination or grave abuse of authority and when the
victim is under 12 years of age or is demented, even if none of the
above conditions are present.
2. Any person who under any of the above conditions, commits an
act of sexual assault through oral or anal sex or by inserting an
instrument or object into the anal or genital orifice of another
person.
11.4. Who can be raped?
Anyone can be a rape victim but the incidence of rape is more rampant in women and
girls.
11.5. Who can commit rape?
Since anyone can be a victim of rape therefore, any man or woman may be held liable
for rape. It is possible that a man may rape his own wife, an act deemed as “marital
rape”. The penalty for rape in general may apply on the offender who commits marital
rape
11.6 How is the crime be punished?
The penalty varies depending on the act itself and the circumstances surrounding it.
Reclusion Perpetua (imprisonment from 20-40 years) is imposed on the offender if rape
is committed through sexual intercourse. Prision mayor (imprisonment from 6-12 years
of imprisonment) is imposed on the offender if rape was committed through oral or anal
sex or through the use of any object or instrument that was inserted into the mouth or
anal orifice of a woman or a man. This may be elevated to reclusion temporal (12-20
years of imprisonment) or reclusion perpetua depending on the circumstances
surrounding the crime.
11.6. What to do if someone is raped?
1. Advise the victim to seek the help of a counselor or a therapist who

is an expert in handling cases of sexual abuse.
2. Assist her in securing a safe and temporary shelter if she needs to
move to another place for security reasons. She can be referred to
a crisis center or any government agency that offers temporary
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shelter.
3. Make sure that evidence is safe and intact. This would help in case
the victim decides to file a case.
4. Secure a medico-legal certificate from medico-legal officer.
Absence of bodily injuries does not mean that rape did not occuor
that the case may not be pursued anymore.
5. Support the victim along the way when she decides to file a case.
6. Ensure that she is prepared in all aspects. Make her understand
the overall picture of the case. Inform her that it is possible that
doctors, police, lawyers and judges would not be sensitive to her
situation and experience.
7. Help the victim choose the lawyer who understands her most.
8. Coordinate with people who can assist or support her all
throughout.
11.7. Statutory Rape
When the victim of rape is twelve years of age and below, it is statutory rape. The reason
for this is that 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.
11.8. Evidence in the Investigation of Rape
• Panty or other clothing of the victim.

• Physical examination of the victim to determine signs of force
such injuries or the presence of seminal fluids inside her organ.
• Detached pubic hairs of the victim and suspect.
• Physical examination of the suspect and the examination of his
clothing.
• Relevant matters at the scene of the crime.
• Testimonies of witnesses if there is any. Written complaint of
the victim.
12Crimes Against Property
12.a Theft – occurs when a personal property is taken without the consent or knowledge
of the owner. Pickpockets, simple snatching and other forms are included in this
classification. Theft inside a house or a building where entry thru an open or closed door
but unlocked is considered as theft. 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 a means of entry. If one person who breaks the glass pane bodily entered the show
window, it would be robbery with force upon things.
Ordering someone to deposit or withdraw money from the bank by giving the bank book
and signed deposit or withdrawal slips that someone absconded the money, it is theft.
Entrusting a piece of jewelry to be sold on commission basis and the agent failed to remit
the price or return the property unsold, the case is not Theft but Estafa.
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In Theft, there is only material transfer to the property but in Estafa, there is judicial
transfer of the property. Judicial transfer implies that receiver of the property has the
authority to dispose the same. In Theft, there is no such authority.
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 penalty is based on the value.
12.b. Robbery. There are two types (elements) of Robbery:
1. Force upon things
As means of entry, a locked door is broken or forced open. A closed but unlocked door
is not a locked door. Thru an opening which might be not locked but which is not intended
or designed for entry. If a robber enters a building thru the open or locked window where
he takes personal property inside, it is robbery.
If the door is open or closed but not locked, and once inside breaks open locked drawers,
aparadors, wardrobe, safes where personal properties ae taken, it is robbery; if the door
is open and used as entry and while inside, the robber brings out receptacles such as
aparadors, drawers, wardrobes, safes and other forms of receptacles and while outside
breaks open these receptacles where personal properties are taken, it is robbery; 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 owner are considered
picklocks. The mere possession of picklocks is punishable under the Revised Penal
Code.
2. Violence or intimidation upon a person
Hold-ups are included in this category, snatching of handbags or jewelries are

considered under this category. If the victim puts resistance and violence is applied by
the robber on his person; the violence or intimidation is directed against the person who
is the owner of the personal property taken or his caretakers or guards.
Poking a gun or other deadly weapons on the victim to divest his personal property are
some forms of intimidation; if death results due to robbery with violence or intimidation
of persons, a complex crime of robbery with homicide is committed, irrespective whether
the death occurs among the robbers. Heart attack or stroke as consequence of the
robbery is still Robbery with Homicide; if, on the occasion of robbery, rape is committed
the crime is Robbery with Rape.
If on the occasion of the robbery, homicide and rape were committed, the proper complex
crime is Robbery with Homicide. The rape is considered as an aggravating circumstance.
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Villaluz, J.& Rodriguez, R. (2014). Instructional Module on Special Crime Investigation.

Lagonera, M. (2010). Legal Medicine. Quezon City, Philippines: Wiseman’s Books

Trading.
Let’s Check
Activity 1. Matching Type. Match the items indicated in Column A to the choices in
Column B. Write your answers on the space provided before each item. Strictly NO
Erasures. (One point each).
Column A Column B
1. Sexual gratification or love on a. Pedophilia
a dead person.
2. A sexual perversion is thru b. Necromania

the mouth.
3. A sexual gratification where the c. Voyeurism
victims are children.
4.A sexual gratification by looking at d. Oral Sex
at a nude person.
5. The failure to have erection of e. Sterility
the male organ. f. Impotency
Activity 2. True or False. In the space provided, write T if the given statement is true
and F if false. (One point each).
1. Hymen can be and will be ruptured thru sexual intercourse only.
2. The color of the areolae of a woman is a good indication of one’s
virginity.
3. Rape is a public crime, thus anyone can complain before the right
offices.
4.Rape cannot be committed on a male person.
5. Statutory Rape is when the victim is 12 years old and above.
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Let’s Analyze
Let us try the following activities to know how deep your understanding
about the topics of this unit. At this juncture, you will be required to
ELABORATE your answers about the following questions:
1. In what instance that the assigned investigator could possibly determine that
the person is raped or molested?
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_________
2. Discuss how crime of robbery differ to a crime of theft? (make your own
scenario to correspond your justification)
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_____________________________________________________________
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_____________________________________________________________
_____________________________________________________________
_________
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_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_________
3. What is incestuous rape and how does it differ from common types of rape?
_____________________________________________________________
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In a Nutshell
Since you already have the basic knowledge regarding the categories and some peculiar
ways of offenders in committing sexual crimes, give a specific scenario that could or
present the existence of said peculiarity.
1. Fetishism -
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2. Symbolism-
3. Sado-Masochism
_____
Q&A List
You are free to list down all the emerging questions or issues in the provided
spaces below. These questions or concerns may also be raised in the LMS or other
modes. You may answer these questions on your own after clarification. The Q&A
portion helps in the review of concepts and essential knowledge.
1.
2.
3.
4.
5.
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Keywords Index
Sex Crime Statutory Rape Reclusion Perpetua

Virginity Theft Prision Mayor
Rape Robbery Sado-Masochism
Crime against person Crime against property Defloration
Public offense Violence Pregnancy
Big Picture in Focus: ULOb. Discuss important provisions of R.A. 9208 “Anti-
Trafficking in Person Act of 2003”
Metalanguage
understanding the basic concepts of R.A 9208.
1. Trafficking in Person the transfer of persons from one country to another.
2. Complaint according to the Revised Penal Code is a sworn written
statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charged with the
enforcement of the law violated.
3. Prescriptive Period are time limits that set forth the maximum period of
time that a certain case may be legally initiated/filed.
Essential Knowledge
This unit tackles one of the main issues being tackled in special crime investigation. As
it is considered as a special crime, special laws are also enacted in order to properly
address these crimes. As an effective investigator it is important to be well versed with
the provisions of these special laws.
1. Important Provisions of RA 9208 (Anti Trafficking in Person Act of 2003)

Consonant with the state’s obligation to protect the dignity of the individual, this law
criminalizes the act of trafficking in persons especially of women, and children for prostitution,
sexual exploitation and slavery, among others.
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1.a. What is Trafficking in Persons?
The law defines Trafficking in Persons as the recruitment, transportation, transfer or harboring,
or receipt of persons with or without the victim’s 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 a person having
control over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs. The recruitment, transportation,
transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered
as “trafficking in persons” even if it does not involve any of the means set forth in the preceding
paragraph.
1.b. Why does trafficking happen?
A study in 2001 by Coalition Against Trafficking in Women in Asia and the Pacific (CATW-AP)
revealed the following as the most common reasons for trafficking:
• Poverty
• Low educational attainment and the lack of information on the
recruitment process
• Sexual abuse
• Familiar pressure
• The need to earn
• Influenced by good tales and earning huge sums of money overseas
1.c. How is trafficking accomplished?
Trafficking is accomplished through bride trade, illegal recruitment and/or sex tourism. This is
often a clandestine activity which makes it difficult for the authorities to find out the
perpetrators. Trafficking may happen in and out of the country. Bride trade occurs when
foreigners marry the victims that they find or get acquainted to via regular mail, magazines and
the internet. Illegal recruitment is the manner in which workers were illegally sent abroad to
work. Oftentimes, they end up being prostituted. Sex tourism happens when foreign tourists
are encouraged to visit a country so that they may enjoy the sexual services offered by sex
workers.
1.d. What are the penalties imposed upon violators?
Any person found guilty of qualified trafficking shall be meted out with life imprisonment and a
fine of up to P5 million if:
• Victim is a child
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• The victim died or incurred Human Immunodeficiency Syndrome

(HIV-AIDS)
• The offender is related to the victim or any of the law enforcement
units of the government.
• The law also penalizes any person who patronizes, use buy, or
engage in the services of the trafficking in person with six months of
community service and a fine of P50, 000 for the first offense and a
fine of P100,000 on the second and succeeding offense.
1.e. Who may file a complaint?
The trafficked person or the offended party or spouse, parents, or legal guardians, siblings,
children; any person who has personal knowledge of the offense. Complainants might seek the
assistance of the Inter Agency Council against Trafficking (IACAT) in the filling of the complaint.
The IACAT is chaired by the DOJ Secretary and co-chaired by the DSWD Secretary. The council
also includes DFA, DOLE, POEA, Bureau of Immigration, PNP, NCRFW and sectoral
representatives of women, overseas workers and children.
The trafficked persons are considered victims of the act or acts of trafficking; hence they shall
not be penalized for crimes related to acts of trafficking.
1.f. What services are available for trafficked persons?
To ensure their recovery, rehabilitation and reintegration to mainstream society, trafficked

persons should be provided with the following:
• Emergency shelter or appropriate housing

• Counseling and referral services
• Free legal services
• Medical and psychological services
• Livelihood and skills training
• Educational assistance (if the victim is a trafficked child)
1.. What to do to avoid trafficking?
Ensure that the recruiter is legally registered at the Philippine Overseas Employment Agency
(POEA). Make sure that all documents necessary for working abroad are legal. These documents
include the passport, visa, overseas contract and the salary. Secure relevant information from
non-government organizations (NGOs) about the country of destination. Inform one’s relatives,
friends and NGOs about the country of destination and the recruiters’ contact details like
address, and telephone numbers to monitor one’s situation abroad.
2. RA 9208 (Section 1-12)
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN

AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
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PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS

VIOLATIONS, AND FOR OTHER
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
Section 1. Title. This act shall be known as the “Anti-Trafficking in Persons Act of 2003”.
Section 2. Declaration of Policy. It is hereby declared that the State values the dignity of every
human person and guarantees the respect of individual rights. In pursuit of this policy, the State
shall give highest priority to the enactment of measures and development of programs that will
promote human dignity, protect the people from any threat of violence and exploitation,
eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude
of persons, not only to support trafficked persons but more importantly, to ensure their
recovery, rehabilitation and reintegration into the mainstream of society.
It shall be a State policy to recognize the equal rights and inherent human dignity of women and
men as enshrined in the United Nations Universal Declaration on Human Rights, United Nations
Convention on the Rights of the Child, United Nations Convention on the Protection of Migrant
Workers and their Families. United Nations Convention Against Transnational Organized Crime
Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children and all other relevant and universally accepted human rights instruments and
other international conventions to which the Philippines is a signatory.
Section 3. Definition of Terms. – As used in this Act:
(a) Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or

receipt of persons with or without the victim’s 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 a person having
control over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in persons” even if it does not involve any of
the means set forth in the preceding paragraph.
(b) Child – refers to a person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.
(c) Prostitution – refers to any act, transaction, scheme or design involving the use of a person
by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any
other consideration.
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(d) Forced Labor and Slavery – refer to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism – refers to a program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual services and practices offered
during rest and recreation periods for members of the military.
(f) Sexual Exploitation – refers to participation by a person in prostitution or the production of

pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim’s
vulnerability.
(g) Debt Bondage – refers to the pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the services as reasonably assessed
is not applied toward the liquidation of the debt.
(h) Pornography – refers to any representation, through publication, exhibition,

cinematography, indecent shows, information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any representation of the sexual parts
of a person for primarily sexual purposes.
(i) Council – shall mean the Inter-Agency Council Against Trafficking created under Section 20 of
this Act.
Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical,
to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her
to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;
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(d) To undertake or organize tours and travel plans consisting of tourism packages or activities
for the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of
said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in Persons. – The following acts which promote or
facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment
for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates
and stickers as proof of compliance with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, including the use of information technology
and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking
in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services for departing persons for the
purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in
person.;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving
the country or seeking redress from the government or appropriate agencies; and
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(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
person held to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. – The following are considered as qualified

trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the
“Inter-Country Adoption Act of 1995” and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person or when the offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or
the Acquired Immune Deficiency Syndrome (AIDS).
Section 6. Confidentiality. – At any stage of the investigation, prosecution and trial of an offense
under this Act, law enforcement officers, prosecutors, judges, court personnel and medical
practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked
person and the accused. Towards this end, law enforcement officers, prosecutors and judges to
whom the complaint has been referred may, whenever necessary to ensure a fair and impartial
proceeding, and after considering all circumstances for the best interest of the parties, order a
closed-door investigation, prosecution or trial. The name and personal circumstances of the
trafficked person or of the accused, or any other information tending to establish their identities
and such circumstances or information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any
editor, publisher, and reporter or columnist in case of printed materials, announcer or producer
in case of television and radio, producer and director of a film in case of the movie industry, or
any person utilizing tri-media facilities or information technology to cause publicity of any case
of trafficking in persons.
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Section 8. Prosecution of Cases. – Any person who has personal knowledge of the commission
of any offense under this Act, the trafficked person, the parents, spouse, siblings, children or
legal guardian may file a complaint for trafficking.
Section 9. Venue. – A criminal action arising from violation of this Act shall be filed where the
offense was committed, or where any of its elements occurred, or where the trafficked person
actually resides at the time of the commission of the offense: Provided, That the court where
the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts.
Section 10. Penalties and Sanctions. – The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer
the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer
the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than
Five million pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6)
years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or any juridical
person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any
responsible officer who participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license to operate
of the erring agency, corporation, association, religious group, tour or travel agent, club or
establishment, or any place of entertainment shall be cancelled and revoked permanently. The
owner, president, partner or manager thereof shall not be allowed to operate similar
establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence
and be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the issuance of
travel exit clearances, passports, registration certificates, counseling certificates, marriage
license, and other similar documents to persons, whether juridical or natural, recruitment
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agencies, establishments or other individuals or groups, who fail to observe the prescribed
procedures and the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The concerned
government official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other benefits shall likewise
be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. – Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows:
(a) First offense – six (6) months of community service as may be determined by the court and
a fine of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses – imprisonment of one (1) year and a fine of One hundred
thousand pesos (P100,000.00).
Section 12. Prescriptive Period. – Trafficking cases under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases committed by a syndicate or in a large scale as
defined under Section 6 shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from the day on which the trafficked person is
delivered or released from the conditions of bondage and shall be interrupted by the filing of
the complaint or information and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted or are unjustifiably stopped for any
reason not imputable to the accused.

References:
https://www.officialgazette.gov.ph/2003/05/26/republic-act-no-9208-s-2003/
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Let’s Check
following statements. (One point each)
1. Refers to participation by a person in prostitution or the
production of pornographic materials as a result of being
subjected to a threat, deception, coercion, abduction, force,
abuse of authority, debt bondage, and fraud or through abuse
of a victim’s vulnerability.
2. The pledging by the debtor of his personal services or labor
or those of a person under his control as security or payment
of dent.
3. The tittle of RA 8042.
4. Refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism
packages or activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual services
and practices offered during rest and recreation periods for
members of the military.
5. refer to the extraction of work or services from any person
by means of enticement, violence, intimidation or threat, use
of force or coercion, including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage or deception.
Let’s Analyze
Let us try the following activities to know how deep your understanding about the
topics of this unit. At this juncture, you will be required to ELABORATE your
answers about the following questions:
1. What may happen to a mother if she gives her children to another without
expecting any monetary consideration or just only to give a sure bright future to
her children?
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
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_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
In a Nutshell
Now that you already know the important provisions of RA 9208. Using your
knowledge regarding the law, give your argument regarding to what will be the
possible penalty to be given to someone who violates R.A 9208. Make a sample
case and in a separate paragraph cite any provisions which you think needs to be
improved or amended and give your own recommendations to give more teeth
into this law.
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Q&A List
You are free to list down all the emerging questions or issues in the provided
spaces below. These questions or concerns may also be raised in the LMS or other
modes. You may answer these questions on your own after clarification. The Q&A
portion helps in the review of concepts and essential knowledge.
1.
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2.
3.
4.
5.
Keywords Index
Trafficking Sex Tourism Debt Bondage

Child Exploitation Slavery
Prostitution Pornography
Forced Labor Recruitment
Big Picture in Focus: ULOc. Exemplify various concepts about R.A.

8042 or the “Migrant Workers and Overseas Filipino Workers Act of
1995” including R.A. 8239 or the “Philippine Passport Act of 1996”.
Metalanguage
understanding the basic concepts of R.A 8042 AND R.A 8239.
1. Migrant Worker – refers to a person who is to be engaged, is engaged or has been engaged
in a remunerated activity in a state of which he or she is not a legal resident to be used
interchangeably with overseas Filipino worker.
2. Overseas Filipinos – refers to dependents of migrant workers and other Filipino nationals
abroad who are in distress as mentioned in sections 24 and 26 of this Act.
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3. Passport – An official document issued by a government, certifying the holder’s identity and
citizenship and entitling the to travel under its protection to and from foreign countries.
4. R.A 8042 – The Migrant Workers and Overseas Filipinos Act of 1995
5. R.A 8239 – The Philippine Passport Act of 1996
Essential Knowledge
This unit tackles various special laws that are being covered under special crime investigation.
Here you will be presented with the important provisions of these special laws.
1. Republic Act 8042 is a law that recognizes the importance of giving Filipino migrant
workers their right to be protected from any forms of harm as well as their families.
Through this law, the state shall the responsibility of giving these migrant workers their
rights for their welfare and benefit. This law also institutes different policies in order to
prevent these migrant workers the be victimized by any forms of illegal recruitment.
IMPORTANT PROVISIONS OF RA 8042
AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT AND ESTABLISH A HIGHER

STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS,
THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:
SECTION 1. Short Title. – This act shall be known and cited as the “Migrant Workers and
Overseas Filipinos Act of 1995.”
SEC. 2. Declaration of Policies —
(a) In the pursuit of an independent foreign policy and while considering national sovereignty,
territorial integrity, national interest and the right to self-determination paramount in its
relations with other states, the State shall, at all times, uphold the dignity of its citizens whether
in country or overseas, in general, and Filipino migrant workers, in particular.
(b) The State shall afford full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all. Towards this
end, the State shall provide adequate and timely social, economic and legal services to Filipino
migrant workers.
(c) While recognizing the significant contribution of Filipino migrant workers to the national
economy through their foreign exchange remittances, the State does not promote overseas
employment as a means to sustain economic growth and achieve national development. The
existence of the overseas employment program rests solely on the assurance that the dignity
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and fundamental human rights and freedoms of the Filipino citizens shall not, at any time, be
compromised or violated. The State, therefore, shall continuously create local employment
opportunities and promote the equitable distribution of wealth and the benefits of
development.
(d) The State affirms the fundamental equality before the law of women and men and the
significant role of women in nation-building. Recognizing the contribution of overseas migrant
women workers and their particular vulnerabilities, the State shall apply gender sensitive
criteria in the formulation and implementation of policies and programs affecting migrant
workers and the composition of bodies tasked for the welfare of migrant workers.
(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any persons by reason of poverty. In this regard, it is imperative that an effective
mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos,
in general, and Filipino migrant workers, in particular, documented or undocumented, are
adequately protected and safeguarded.
(f) The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic
decision-making processes of the State and to be represented in institutions relevant to
overseas employment is recognized and guaranteed.
(g) The State recognizes that the ultimate protection to all migrant workers is the possession of
skills. Pursuant to this and as soon as practicable, the government shall deploy and/or allow the
deployment only to skilled Filipino workers.
(h) Non-governmental organizations, duly recognized as legitimate, are partners of the State in
the protection of Filipino migrant workers and in the promotion of their welfare, the State shall
cooperate with them in a spirit of trust and mutual respect.
(i) Government fees and other administrative costs of recruitment, introduction, placement and
assistance to migrant workers shall be rendered free without prejudice to the provision of
Section 36 hereof.
Nonetheless, the deployment of Filipino overseas workers, whether land-based or sea-based by

local service contractors and manning agencies employing them shall be encouraged.
Appropriate incentives may be extended to them.
SEC. 3. DEFINITIONS. – For purposes of this Act:
(a) “Migrant worker” refers to a person who is to be engaged, is engaged or has been engaged
in a remunerated activity in a state of which he or she is not a legal resident to be used
interchangeably with overseas Filipino worker.
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(b) “Gender-sensitivity” shall mean cognizance of the inequalities and inequities prevalent in
society between women and men and a commitment to address issues with concern for the
respective interests of the sexes.
(c) “Overseas Filipinos” refers to dependents of migrant workers and other Filipino nationals
abroad who are in distress as mentioned in Sections 24 and 26 of this Act.
I. DEPLOYMENT
SEC. 4. Deployment of Migrant Workers – The State shall deploy overseas Filipino workers only
in countries where the rights of Filipino migrant workers are protected. The government
recognizes any of the following as guarantee on the part of the receiving country for the
protection and the rights of overseas Filipino workers:
(a) It has existing labor and social laws protecting the rights of migrant workers;
(b) It is a signatory to multilateral conventions, declaration or resolutions relating to the

protection of migrant workers;
(c) It has concluded a bilateral agreement or arrangement with the government protecting the
rights of overseas Filipino workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant workers.
SEC. 5. TERMINATION ORBANONDEPLOYMENT – Notwithstanding the provisions of Section 4

hereof, the government, in pursuit of the national interest or when public welfare so requires,
may, at any time, terminate or impose a ban on the deployment of migrant workers.
II. ILLEGAL RECRUITMENT
Sec. 6. DEFINITIONS. – For purposes of this Act, illegal recruitment shall mean any act of
canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes
referring, contact 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
Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of
the Philippines. Provided, that such non-license or non-holder, who, in any manner, offers or
promises for a fee employment abroad to two or more persons shall be deemed so engaged. It
shall likewise include the following acts, whether committed by any persons, whether a non-
licensee, non-holder, licensee or holder of authority.
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(a) To charge or accept directly or indirectly any amount greater than the specified in the
schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a
worker pay any amount greater than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment
or employment;
(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his employment in order
to offer him another unless the transfer is designed to liberate a worker from oppressive terms
and conditions of employment;
(e) To influence or attempt to influence any persons or entity not to employ any worker who
has not applied for employment through his agency;
(f) To engage in the recruitment of placement of workers in jobs harmful to public health or
morality or to dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or
by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies, remittances of
foreign exchange earnings, separations from jobs, departures and such other matters or
information as may be required by the Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and
verified by the Department of Labor and Employment from the time of actual signing thereof by
the parties up to and including the period of the expiration of the same without the approval of
the Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or member
of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly
in the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations other than those authorized under the Labor Code and its
implementing rules and regulations.
(l) Failure to actually deploy without valid reasons as determined by the Department of Labor
and Employment; and
(m) Failure to reimburse expenses incurred by the workers in connection with his
documentation and processing for purposes of deployment, in cases where the deployment
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does not actually take place without the worker’s fault. Illegal recruitment when committed by
a syndicate or in large scale shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or
more persons conspiring or confederating with one another. It is deemed committed in large
scale if committed against three (3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the principals, accomplices and
accessories. In case of juridical persons, the officers having control, management or direction of
their business shall be liable.
SEC. 7. PENALTIES –
(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not
less than six (6) years and one (1) day but not more than twelve (12) years and a fine not less
than two hundred thousand pesos (P200,000.00) nor more than five hundred thousand pesos
(P500,000.00).
(b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos
(P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if illegal
recruitment constitutes economic sabotage as defined herein.
Provided, however, that the maximum penalty shall be imposed if the person illegally recruited
is less than eighteen (18) years of age or committed by a non-licensee or non-holder of
authority.
SEC. 8. PROHIBITION ON OFFICIALS AND EMPLOYEES. – Ot shall be unlawful for any official or
employee of the Department of Labor and Employment, the Philippine Overseas Employment
Administration, or the Overseas Workers Welfare Administration, or the Department of Foreign
Affairs, or other government agencies involved in the implementation of this Act, or their
relatives within the fourth civil degree of consanguinity or affinity, to engage, directly or
indirectly, in the business of recruiting migrant workers as defined in this Act. The penalties shall
be imposed upon them.
SEC. 9. VENUE. – A criminal action arising from illegal recruitment as defined herein shall be
filed with the Regional Trial Court of the province or city where the offense was committed or
where the offended party actually resides at the same time of the commission of the offense:
Provided, That the court where the criminal action is first filed shall acquire jurisdiction to the
exclusion of other courts. Provided, however, That the afore stated provisions shall also apply
to those criminal actions that have already been filed in court at the time of the effectivity of
this Act.
SEC. 10. MONEY CLAIMS. – Notwithstanding any provision of law to the contrary, the Labor
Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive
jurisdiction to hear and decide, within ninety (90) calendar days after filing of the complaint, the
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claims arising out of an employer-employee relationship or by virtue of any law or contract

involving Filipino workers for overseas deployment including claims for actual, moral, exemplary
and other forms of damages.
The liability of the principal/employer and the recruitment/placement agency for any and all
claims under this section shall be joint and several. Thprovisions shall be incorporated in the
contract for overseas employment and shall be a condition precedent for its approval. The
performance bond to be filed by the recruitment/placement agency, as provided by law, shall
be answerable for all money claims or damages that may be awarded to the workers. If the
recruitment/placement agency is a juridical being, the corporate officers and directors and
partners as the case may be, shall themselves be jointly and solidarily liable with the corporation
or partnership for the aforesaid claims and damages.
Such liabilities shall continue during the entire period or duration of the employment contract
and shall not be affected by any substitution, amendment or modification made locally or in a
foreign country of the said contract.
Any compromise/amicable settlement or voluntary agreement on money claims inclusive of

damages under this section shall be paid within four (4) months from the approval of the
settlement by the appropriate authority.
In case of termination of overseas employment without just, valid or authorized cause as

defined by law or contract, the workers shall be entitled to the full reimbursement of his
placement fee with interest of twelve percent (12%) per annum, plus his salaries for the
unexpired portion of his employment contract or for three (3) months for every year of the
unexpired term, whichever is less.
Non-compliance with the mandatory periods for resolutions of cases provided under this section
shall subject the responsible officials to any or all of the following penalties:
(a) The salary of any such official who fails to render his decision or resolutions within the
prescribed period shall be, or caused to be, withheld until the said official complies therewith;
(b) Suspension for not more than ninety (90) days; or
(c) Dismissal from the service with disqualifications to hold any appointive public office for five
(5) years.
Provided, however, that the penalties herein provided shall be without prejudice to any liability
which any such official may have incurred under other existing laws or rules and regulations as
a consequence of violating the provisions of this paragraph.
2. Important Provisions of RA 8239 (The Philippine Passport Act of 1996)
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SECTION 1. Short Title. – This Act will be called as the “Philippine Passport Act of 1996.”
SEC. 2. Statement of Policy. – The people’s constitutional right to travel is inviolable.

Accordingly, the government has the duty to issue passport or any travel document to any
citizen of the Philippines or individual who complies with the requirement of this Act. The right
to travel may be impaired only when national security, public safety, or public health requires.
To enhance and protect the unimpaired exercise of this right, only minimum requirements for
the application and issuance of passports and other travel documents shall be prescribed. Action
on such application and the issuance shall be expedited.
SEC. 3. Definitions. – As used in this Act:
a) Department means the Department of Foreign Affairs;
b) Secretary means the Secretary of Foreign Affairs;
c) Post means a Philippine diplomatic and consular post such as an Embassy or Consulate;
d) Passport means 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;
e) Travel Document means 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 SEC. 13 of this
Act;
f) Supporting Documents mean 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;
g) Ambassadors mean those who have been appointed as chiefs of mission and have served as
Ambassador Extraordinary and Plenipotentiary.
SEC. 4. Authority to Issue, Deny, Restrict or Cancel. – Upon the application of any qualified
Filipino citizen, the Secretary of Foreign Affairs or any of his authorized consular officer may
issue passports in accordance with this Act.
Philippine consular officers in a foreign country shall be authorized by the Secretary to issue,
verify, restrict, cancel or refuse a passport in the area of jurisdiction of the Post in accordance
with the provisions of this Act.
In the interest of national security, public safety and public health, the Secretary or any of the
authorized consular officers may, after due hearing and in their proper discretion, refuse to issue
a passport, or restrict its use or withdraw or cancel a passport: Provided, however, That such
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act shall not mean a loss or doubt on the person’s citizenship: Provided, further, That the
issuance of a passport may not be denied if the safety and interest of the Filipino citizen is at
stake: Provided, finally, That refusal or cancellation of a passport would not prevent the issuance
of a Travel Document to allow for a safe return journey by a Filipino to the Philippines.
SEC. 5. Requirements for the Issuance of Passport. – No passport shall be issued to an applicant
unless the Secretary or his duly authorized representative is satisfied that the applicant is a
Filipino citizen who has complied with the following requirements:
a) A duly accomplished application form and photographs of such number, size and style as may
be prescribed by the Department;
b) The birth certificate duly issued or authenticated by the Office of the Civil Registrar General:
Provided, however, That if the birth of the applicant has not been registered yet, or if his birth
certificate is destroyed, damaged, or not available due to other causes, he shall apply for
delayed registration of his birth with the Office of the Civil Registrar General which shall issue to
said applicant a certification of pending application for delayed registration of birth attaching
thereto a copy of an accomplished certificate of live birth. Such certification and the
accomplished certificate of live birth shall be sufficient to support an application for passport in
addition to other papers which the Department may require from the applicant;
c) In the absence of a birth certificate, a baptismal certificate for those who are members of a
Christian religious organization, or similar or equivalent certificate issued by a non-Christian
religious group, attesting to the applicant’s having been admitted to such religious group or sect
at an early age and where it is indicated that the applicant is a Filipino citizen, which should be
accompanied by a joint affidavit by two (2) persons who have personal knowledge of the
applicant and of such age as to credibly state the applicant’s date and place of birth, citizenship,
and names of parents: Provided, That Filipinos who do not believe in any religion and whose
parents for any reason failed to have the said applicant baptized shall be exempted from the
baptismal certificate requirement: Provided, further, That in lieu thereof, the applicant shall
execute an affidavit to that effect duly corroborated by affidavit of at least two (2) persons of
good reputation who personally know such fact:
d) In case of a woman who is married, separated, divorced or widowed or whose marriage has
been annulled or declared by court as void, a copy of the certificate of marriage, court decree
of separation, divorce or annulment or certificate of death of the deceased spouse duly issued
and authenticated by the Office of the Civil Registrar General: Provided, That in case of a divorce
decree, annulment or declaration of marriage as void, the woman applicant may revert to the
use of her maiden name: Provided, further, That such divorce is recognized under existing laws
of the Philippines;
e) In the case of naturalized citizens, a certified copy of the naturalization certificate; or a

certified naturalization certificate of husband or parent duly issued and authenticated by the
Office of the Civil Registrar General if citizenship is claimed through naturalization of spouse or
parent;
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f) For an applicant who has not reached the age of majority, an affidavit of consent from a parent
as indicated in the passport application if the minor is travelling with either parent, and a
clearance from the Department of Social Welfare and Development, if the minor is travelling
with a legal guardian or a person other than a parent;
g) If the applicant is an adopted person, the duly certified copy of court order of adoption,
together with the original and amended birth certificates duly issued and authenticated by the
Office of the Civil Registrar General shall be presented: Provided, That in case the adopted
person is an infant or a minor or the applicant is for adoption by foreign parents, an authority
from the Department of Social Welfare and Development shall be required: Provided, further,
That the adopting foreign parents shall also submit a certificate from their embassy or consulate
that they are qualified to adopt such infant or minor child;
h) In case of discrepancy between the applicant’s name in the birth certificate and in any other
private documents, the former shall prevail over the latter unless by operation of law or through
court order, the applicant is permitted to use name other than what is officially recorded in the
Civil Register; and
If the applicant is a government employee, the travel authority issued by the head of
department, agency or office, may be required only if said applicant is applying for an official
passport.
SEC. 6. Application. – The application may be filed by:
a) The applicant himself or herself; or
b) The parent or legal guardian on behalf of an applicant who is below the

age of majority.
In case of first time applicants, the applicant must present himself/herself in person to prove
that he or she is the same person and of the age claimed in the application form. In case of
renewal the application may be filed by any licensed travel agency duly accredited by the
Department of Foreign Affairs: Provided, That the agent shall be responsible for the authenticity
or bona fide of the supporting documents being presented to meet the requirements for the
application of passports.
SEC. 7. Types of Passports. – The Secretary or the authorized representative or consular officer
may issue the following types of passports:
a) Diplomatic passport for persons imbued with diplomatic status or are on diplomatic mission
such as:
1. The President and former Presidents of the Republic of the Philippines;
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2. The Vice-President and former Vice-Presidents of the Republic of the

Philippines;
3. The Senate President and the Speaker of the House of Representatives;
4. The Chief Justice of the Supreme Court;
5. The Cabinet Secretaries, and the Undersecretaries and Assistant

Secretaries of the Department of Foreign Affairs;
6. Ambassadors, Foreign Service Officers of all ranks in the career diplomatic

service; Attaches, and members of their families;
7. Members of the Congress when on official mission abroad or as delegates

to international conferences;
8. The Governor of the Bangko Sentral ng Pilipinas and delegates to

international or regional conferences when on official mission or accorded
full powers by the President; and
9. Spouses and unmarried minor children of the above-mentioned officials

when accompanying or following to join them in an official mission abroad.
The President of the Philippines and the Secretary of the Department of Foreign Affairs may
grant diplomatic passports to officials and persons other than those enumerated herein who
are on official mission abroad.
b) Official Passport to be issued to all government officials and

employees on official trip abroad but who are not on a diplomatic mission or
delegates to international or regional conferences or have not been
accorded diplomatic status such as:
1. Undersecretaries and Assistant Secretaries of the Cabinet other than

the Department of Foreign Affairs, the Associate Justices and other members
of the Judiciary, members of the Congress and all other government officials
and employees travelling on official business and official time;
2. Staff officers and employees of the Department of Foreign Affairs

assigned to diplomatic and consular posts and officers and representatives
of other government departments and agencies assigned abroad;
3. Persons in the domestic service and household members of officials

assigned to diplomatic or consular posts;
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4. Spouses and unmarried minor children of the officials mentioned

above when accompanying or following to join them.
c) Regular Passport issued to Filipino citizens who are not eligible or

entitled to diplomatic or official passports, including government officials or
employees going abroad for pleasure or other personal reasons.
Government officials and employees and members of their families may,
during their incumbency in office, hold two passports simultaneously; (1) a
regular passport for private travel; (2) a diplomatic or official passport when
travelling abroad on diplomatic or official business. The wife and minor
children of persons entitled to a diplomatic or official passport shall be issued
regular passports, if they are not accompanying or following to join them.
SEC. 8. Grounds for Denial, Cancellation or Restrictions. – The application for passport may be
denied, cancelled or restricted only on the following grounds:
a) Denial of Passport
1. On orders of the court, after due notice and hearing, to hold the
departure of an applicant because of a pending criminal case;
2. When so requested by the natural or legal guardian, if the applicant

is a minor;
3. When the applicant has been found to have violated any of the
provisions of this Act;
4. Such other disqualification under existing laws.
b) Cancellation
1. When the holder is a fugitive from justice;

2. When the holder has been convicted of a criminal offense; Provided,
That the passport may be restored after service of sentence; or
3. When a passport was acquired fraudulently or tampered with.
c) Restricted
1. When the country of destination is in a state of political instability

which could pose a danger to the Filipino traveler;
2. When diplomatic ties have been fractured or severed with the
Philippines;
3. When the country of destination is subject to travel restriction by
government policy, enforcement of action by the United Nations or in a state
of war.
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SEC. 9. Appeal. – Any person who feels aggrieved as a result of the application of this Act of the
implementing rules and regulations issued by the Secretary shall have the right to appeal to the
Secretary of Foreign Affairs from whose decision judicial review may be had to the Courts in due
course.
SEC. 10. Validity. – Regular passports issued under this Act shall be valid for a period of five (5)
years: Provided, however, That the issuing authority may limit the period of validity to less than
five (5) years; whenever in the national economic interest or political stability of the country
such restriction is necessary: Provided, finally, That a new passport may be issued to replace
one which validity has expired, the old passport being returned to the holder after cancellation.
SEC. 11. Ownership of Passports. – A Philippine passport remains at all times the property of
the Government, the holder being a mere possessor thereof as long as it is valid and the same
may not be surrendered to any person or entity other than the government or its
representative: Provided, That a Filipino citizen may voluntarily surrender his/her passport to a
Philippine Service Post for storage and safekeeping for which a proper receipt shall be issued for
use when reclaiming the passport at a later date.
SEC. 12. Names and Titles. – The passport shall contain the full name of the applicant, but shall
not include his title or titles or profession or job description. If an applicant’s name is changed
by order of the court, a certified copy of the court order or decree shall be submitted together
with the birth certificate or old passport on application.
SEC. 13. Travel Documents. – A travel document, in lieu of a passport, may be issued to:
a) A Filipino citizen returning to the Philippines who for one reason or another has lost his/her
passport or cannot be issued a regular passport;
b) A Filipino citizen being sent back to the Philippines;
c) An alien spouse of a Filipino and their dependents who have not yet been naturalized as a
Filipino and who are travelling to the Philippines or is a permanent resident of the Philippines;
d) Aliens permanently residing in the Philippines who are not able to obtain foreign passport
and other travel documents;
e) A stateless person who is likewise a permanent resident, or a refugee granted such status or
asylum in the Philippines.
SEC. 14. Amendments. – A passport may be amended at the request of the holder for any lawful
purpose, but such amendment should be approved by the Secretary or his duly authorized
diplomatic or consular officers.
Diplomatic and official passports shall be submitted for revalidation before each departure of
the holder.
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SEC. 15. Loss or Destruction. – The loss or destruction of a passport should be immediately
reported to the Department or the Post. The holder of such passport shall submit to the
Department or Post an affidavit stating in detail the circumstances of such loss or destruction.
The holder of such a passport who is in the Philippines, should also furnish the National Bureau
of Investigation and the Bureau of Immigration copies of the affidavit. For those who are abroad,
copies of the affidavit will be forwarded by the Post to the Department’s Office of Consular
Services, and in coordination with the Office of Legal and Intelligence Services, shall transmit a
copy of the affidavit to the National Bureau of Investigation and Bureau of Immigration. The
transmittal of the affidavit shall be accompanied by a request for the confiscation of the said
passport if found, and to investigate or detain if necessary, the person attempting to use or has
used the passport. All Posts will be informed of the lost passport, including pertinent
information on the passport and the circumstances of loss.
No new passport shall be issued until satisfactory proof is shown that the passport was actually
lost and after the lapse of fifteen (15) days following the date of submission of the affidavit of
loss as herein required: Provided, however, That in the case of a passport reported lost by a
Filipino travelling abroad, the Consulate may waive the fifteen (15) days requirement if the loss
has been proven to the Consular Official’s satisfaction: Provided, further, That in case the
Filipino who reported a loss of passport is returning to the Philippines, the holder may be issued
a Travel Document: Provided, finally, That in the event the lost passport is found, it should be
destroyed if a replacement has been issued, or mailed to the holder who was issued a Travel
Document.
In all cases, the head of Office of Consular Services or the head of the Consular SEC. of an
Embassy or the Consul General of a consulate may, upon his discretion, waive the fifteen (15)-
day waiting period.
SEC. 16. Fees. – Reasonable fees shall be collected for the processing, issuance, extension,
amendment or replacement of a lost passport and the issuance of a Travel Document as may be
determined by the Department: Provided, however, That any fee shall not be increased more
than once every three (3) years.
SEC. 17. Passport Revolving Fund. – The Department may charge a service fee of not more than
Two Hundred Fifty Pesos (₱250) for such service rendered to applicants relating to the
processing and issuance of passports requiring special consideration, waiver or issuance beyond
regular office hours. The service fees received by the Department under this SEC. shall constitute
a revolving fund to be called the “Passport Revolving Fund” which may be utilized by the
Department for the improvement of its passporting and consular services and other Department
services except travel and transportation allowances and expenses.
The setting up, use and disbursement of funds shall be subject to review, accounting and
auditing rules and regulations of the Commission on Audit and will be subject to an annual
review by Congress, but the Secretary will submit a report on the disbursement of the fund
every six (6) months to both the Senate and the House Committees on Foreign Relations.
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SEC. 18. Waiver. – The Secretary of Foreign Affairs is solely authorized to waive any
requirements set forth in SEC. 5 of this Act.
SEC. 19. Offenses and Penalties. – A passport being a proclamation of the citizenship of a
Filipino, is a document that is superior to all other official documents. As such, it should be
accorded the highest respect by its holder that to do damage to its integrity and validity is a
serious crime that should be penalized accordingly:
a) Offenses Relating to Issuances: Penalties. – Any person who:
1. Acting or claiming to act in any capacity or office under the Republic of the Philippines,
without lawful authority, grants, issues or verifies any passport or travel document to any or for
any person whomsoever shall be punished by a fine of not less than Fifteen thousand pesos
(₱15,000) nor more than Sixty thousand pesos (₱60,000) and imprisonment of not less than
eighteen (18) months nor more than six (6) years; or
2. Being a diplomatic or consular official authorized to grant, issue, amend or verify passports,
knowingly and willfully grants, issues, amends or verifies any such passport to any or for any
person not owing allegiance to the Republic of the Philippines, whether citizen or not, shall be
punished by a fine of not less than Fifteen thousand pesos (₱15,000) nor more than Sixty
Thousand Pesos (₱60,000) and imprisonment of not less than eighteen (18) months but not
more than six (6) years, and upon conviction, be disqualified from holding appointive public
office;
3. Being a diplomatic or consular officer knowingly and willfully grants and issues to, amends or
certifies to the authenticity of any passport or travel document for any person not entitled
thereto, or knowingly and willfully issues more than one passport to any person except as
provided for in this Act, shall be punished by a fine of not less than Fifteen thousand pesos
(₱15,000) nor more than Sixty thousand pesos (₱60,000) and imprisonment of not less than
eighteen (18) months nor more than six (6) years and upon conviction, be disqualified from
holding appointive public office.
Offenses Relating to False Statements: Penalties. – Any person who willfully and knowingly:
1. Makes any false statement in any application for passport with the intent to induce or secure
the issuance of a passport under the authority of the Philippine Government, either for his own
use or the use of another, contrary to this Act or rules and regulations prescribed pursuant
hereto shall be punished by a fine of not less than Fifteen thousand pesos (₱15,000) nor more
than Sixty thousand pesos (₱60,000) and imprisonment of not less than three (3) years nor more
than ten (10) years: or
2. Uses or attempts to use any passport which was secured in any way by reason of any false
statements, shall be punished by a fine of not less than Fifteen thousand pesos (₱15,000) nor
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more than Sixty thousand pesos (₱60,000) and imprisonment of not less than three (3) years,
but not more than ten (10) years; or
3. Travel and recruitment agencies whose agents, liaison officers or representatives are
convicted of offenses relating to false statements shall in addition to the fines and penalties
abovementioned have their license revoked with all deposits, escrow accounts or guarantee
funds deposited or made as a requirement of their business forfeited in favor of the government
without prejudice to the officials of the branch office or of the agency being charged as
accessories to the offense and upon conviction barred from engaging in the travel or
recruitment agency business.
Offenses Relating to Forgery: Penalties. – Any person who:
1. Falsely makes, forges, counterfeits, mutilates or alters any passport or travel document or
any supporting document for a passport application, with the intent of using the same shall be
punished by a fine of not less than Sixty thousand pesos (₱60,000) nor more than One hundred
fifty thousand pesos (₱150,000) and imprisonment of not less than six (6) years nor more than
fifteen (15) years; or
2. Willfully or knowingly uses or attempts to use, or furnishes to another for use any such false,
forged, counterfeited, mutilated or altered passport or travel document or any passport validly
issued which has become void by the occurrence of any condition therein prescribed shall be
punished by a fine of not less than Sixty thousand pesos (₱60,000) nor more than One hundred
and fifty thousand pesos (₱150,000) and imprisonment of not less than six (6) years nor more
than fifteen (15) years: Provided, however, That officers of corporations, agencies or entities
licensed in the travel and recruitment industry would be held similarly as their agents, liaison
officers or representatives: Provided, finally, That forgeries of five or more passports or travel
documents, would be considered as massive forgery tantamount to national sabotage and shall
be punished by a fine of not less than Two hundred and fifty thousand pesos (₱250,000) nor
more than One Million pesos (₱1,000,000) and imprisonment of not less than seven (7) years
nor more than seventeen (17) years.
Offenses Relating to Improper Use: Penalties. – Any person who willfully and knowingly:
1. Uses or attempts to use, any passport issued or designed for the use of another or any
supporting documents for a passport application which belongs to another; or
2. Uses or attempts to use any passport or supporting documents in violation of the conditions
or restrictions therein contained, or of the rules prescribed pursuant thereto; or
3. Furnishes, disposes, or delivers a passport to any person, for use by another or other than the
person for whose use it was originally issued or designed; or
4. Defaces or destroys a Philippine passport, shall be punished by a fine of not less than Sixty
thousand pesos (₱60,000) nor more than One hundred fifty thousand pesos (₱150,000) and
imprisonment of not less than six (6) years nor more than fifteen years.
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Offenses Relating to Multiple Possession: Penalties. – No person or individual may hold

more than one valid passport, except as provided for in SEC. 7 hereof, and any individual who
possesses more than one unexpired passport shall, for every unexplored passport found in his
possession, be punished by a fine of not less than Fifteen thousand pesos (₱15,000) nor more
than Sixty thousand pesos (₱60,000) and imprisonment of not less than eighteen (18) months
but not more than six (6) years: Provided, That the maximum fine and imprisonment shall be
imposed by the court if he attempts to use or actually uses an unexpired passport which is not
in his name.
In case any of the offenses prohibited in this Act constitutes a violation of the Revised Penal
Code and the penalty imposed in said Code is heavier than that provided in this Act, the latter
penalty shall be imposed.
SEC. 20. Suspension of Accreditation. – Any duly accredited travel or recruitment agent or
agency which violates the prescription on application for passport under SEC. 6 hereof shall have
such accreditation suspended without prejudice to civil, criminal or administrative sanctions
including revocation of its license to operate.
The mere submission of spurious, forged or falsified documents supporting a passport

application by any duly accredited travel or recruitment agent or agency shall be prima facie
evidence that the said travel or recruitment agent is the author of such forgery or falsification.
SEC. 21. Rules and Regulations. – The Secretary shall issue such rules and regulations as may be
necessary to implement the provisions herein within sixty (60) days from date of effectivity of
this Act without extension or delays.
SEC. 22. Separability Clause. – Should any provision of this Act or the applicability thereof to
any person or circumstances is held invalid, the remainder thereof shall not be affected thereby.
SEC. 23. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.
SEC. 24. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least
five (5) newspapers of general circulation or in the Official Gazette
Villaluz, J.& Rodriguez, R. (2014). Instructional Module on Special Crime Investigation. Quezon
City, Philippines: Wiseman’s Books Trading Inc.
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References:
https://www.officialgazette.gov.ph/1995/06/07/republic-act-no-8042-2/
https://www.officialgazette.gov.ph/1996/11/22/republic-act-no-8239/
https://www.ombudsman.gov.ph/docs/republicacts/Republic_Act_No_3019.pdf
https://lawphil.net/statutes/repacts/ra1955/ra_1379_1955.html
Let’s Check
_______________1. Philippine Passport Act of 1996

_______________2. Any person found guilty of illegal recruitment shall suffer the
penalty of
_______________3. Any act of canvassing, enlisting contracting, transporting,
utilizing, hiring, procuring workers, and includes referring, contact services,
promising or advertising for employment abroad, whether for profit on non-profit.
_______________4. Migrant Workers and Overseas Filipinos Act of 1995
_______________5. Refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourist.
Let’s Analyze
1. Explain the importance of established laws in the solution of a specific

problem or crime.
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In a Nutshell
In this part of the unit, you were given the basic concepts and examples of special penal
laws that protects individuals choosing to work abroad or outside the Philippines. Give a
situation that violates the right of an Overseas Filipino Worker and provide solution.
please elaborate and justify your answer based on the provisions given above.
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Q&A List
In this section you are going to list what boggles you in this unit. You may indicate
your questions but noting you have to indicate the answers after your question is being
raised and clarified. You can write your questions below.
1.
2.
3.
4.
5.
Keywords Index
Passport Migrant Worker Deployment
Overseas Filipino Worker Illegal Recruitment Diplomatic Passport
R.A. 8239 R.A. 8042 Protection
Equal Opportunity Foreign Affairs Philippine Consular
Official Passport Regular Passport Gender-sensitivity
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BIG PICTURE C
to:
a. Evaluate the various special laws involved in special crime investigation and
realize the importance of computer forensics in dealing with special crimes.
Big Picture in Focus: ULOa. Evaluate the various special laws involved in special
crime investigation and realize the importance of computer forensics in dealing with
special crimes.
Metalanguage
The following are terms to be remembered as we go through in studying this

unit. Please refer to these definitions as supplement in case you will encounter difficulty
in understanding the concepts of consumer behavior.
1. R.A 9262 – The Anti-Violence Against Women and Children Act of 2004
2. R.A. 7877 – The Anti-Sexual Harassment Act of 1995
3. R.A 3019 - Anti-Graft and Corrupt Practices Act
4. R.A 1379 – An act declaring forfeiture in favor of the state any property
found to have been unlawfully acquired by any public officer or employee
and providing for the proceedings therefor.
5. B.P 22 – An act penalizing the making or drawing and issuance of a check
without sufficient funds or credit and for other purposes.
6. R.A. 8484 – An act regulating the issuance and use of access devices,
prohibiting fraudulent acts, committed relative thereto, providing penalties
and for other purposes.
Essential Knowledge
Important Provisions of RA 9262 (Anti-violence Against Women and Their Children Act of
2004)
1. What is Republic Act no. 9262?
RA 9262 is the Anti-violence Against Women and their Children Act of 2004. The state
recognizes the prevalence of violence and abuse against vulnerable women and children by
their intimate partners like husbands, live-in partners, boyfriend/girlfriend, or dating partners,
either current or exes. The law classifies these forms of violence as a public crime.
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1.b. What is VAWC under the law?
It refers to “any act or series of acts committed by any person against a woman who is his
wife, former wife, or against a woman whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes but not
limited to the following acts:
• Physical Violence – refers to acts that include bodily or physical

harm;
• Sexual Violence – refers to an act which is sexual in nature,
committed against a woman or her child. It includes but not limited
to:
a. Rape, sexual harassment, act of lasciviousness, treating a
woman or her child as a sex object, making demeaning and
sexually abusive remarks, physically attacking the sexual parts of
the victim’s body, forcing him/her to watch obscene
publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
b. Acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm
or threat of physical or other harm or coercion;
c. Prostituting the woman or her child.
• Psychological Violence – refers to acts or omissions causing or likely
to cause mental or emotional suffering of the victim such as but not
limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and marital
infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or
to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common
children.
• Economic Abuse – refers to acts that make or attempt to make a
woman financially dependent. This includes but is not limited to the
following:
a. Withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article
73 of the Family Code;
b. Deprivation or threat of deprivation of financial resources and
the right to the use and enjoyment of the conjugal, community
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or property owned in common;

c. Destroying household property;
d. Controlling the victim’s own money or properties or solely
controlling the conjugal money or properties.
Children are those below 18 years of age or older but are incapable of taking care of
themselves (as stated in RA 7610). It includes the biological children of the victim and other
children under her care. A dating relationship is one which has a romantic involvement. It
means that a relationship existed between a woman and a partner who is abusive or has
previously abused her, whether or not the relationship was formal. Sexual relations refer to a
single sexual act which may or may not result to a bearing of a child.
1.c. Who gets protected under the law?
This law specifically protects the woman and her child/children, since the law recognizes the
vulnerability of a woman in an abusive relationship wherein it is usually the woman who is
disadvantaged.
The victim, the child who is a minor (legitimate or illegitimate), and a person aged 18 years
and beyond who doesn’t have the ability to decide for herself/himself because of an
emotional, physical or mental illness can make full use of the law. Any child under the care of a
woman is also protected under the law.
1.d. Is VAWC committed by men alone?
Woman can also be liable under the law. These are the lesbian partners/girlfriends or former
partners of the victim with whom she has or had a sexual or dating relationship. (Source:
Barangay Protection Order RA 9262 A Primer. Department of Interior and Local Government,
National Barangay Operations Office.2004)
1.e. What if the female victim commits violence against her partner?
The law acknowledges that women who have retaliated against their partners or who commit
violence as a form of self-defense may have suffered from battered woman syndrome (BWS).
BWS is a “scientifically defined pattern of psychological and behavioral symptoms found in

women living in battering relationships as a result of cumulative abuse”. (Salient Features. A
Guide to Anti-Violence Against Women and their Children [RA 9262]. Philippine Information
Agency and National Commission on the Roe of Filipino Women.2004)
Any victim who suffers from BWS should be diagnosed by a psychiatric expert or a clinical
psychologist. This will also help the victim in obtaining a just decision in her case.
The law does not allow the offender to have custody of minor children. Their care is still
entrusted to the woman even if she is found to have BWS.
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1.f. What if the male spouse/ partner complaints about abuses committed by his wife/
partner?
The male spouse/partner is not covered under this law since the law applies only for the
protection of woman and her children, however, he may file a complaint or case under the
Revised Penal Code.
1.g. What are the penalties for committing VAWC?
If the courts have proven that the offender is guilty of the crime, he may be imprisoned and
will be obliged to pay P100,000 to P300,000 in damages. The length of imprisonment depends
on the gravity of the crime. The offender also obliged to undergo psychological counseling or
psychiatric treatment. Being drunk or under the influence of prohibited drugs cannot be taken
as an excuse in committing VAW.
1.h. What can women and children do under the law?
The law permits women and their children to secure barangay protection order and/or
temporary or permanent protection order from the courts. They can also file an independent
civil action for damages and criminal action for the violation of anti-VAWC Act.
1.i. What is a protection order?
It is an order prescribed in the Anti-VAWC Act to prevent further abuse of or violence against a
woman and her child. It also provides them relief from said abuse or violence.
1.j. Who may file the protection order?
Anyone of the following may also file the protection order in behalf of the victim/s:
• Parent or guardian
• Grandparents
• Children and grandchildren
• Relatives (aunts, uncles, cousins, in-laws)
• Local officials and DSWD social workers
• Police
• Lawyer
• Counselors
• Therapists
• Health care providers (nurses, doctors, barangay health workers)
• Any two people who came from the city or municipality where
VAWC happened and who have personal knowledge of the crime.
2. Important Provisions of RA 7877 (Anti-Sexual Harassment Act of 1995)
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This law addresses the issue of sexual harassment committed in work and education or
training environment. It was signed into law on February 14, 1995 under former President
Fidel Ramos’ administration.
2.a. What is sexual harassment?
Committed by an employer, employee, manager, supervisor, agent of the employer, teacher,

instructor, professor, coach, trainor, or any other person who having authority, influence or
moral ascendancy over another 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 said Act.
2.b. How is work-related sexual harassment committed?
This is done when:
• The sexual favor is made as a condition in the hiring or in the

employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges.
• The above acts would impair the employee’s rights or privileges
under existing labor laws; or
• The above acts would result in an intimidating, hostile, or offensive
environment for the employee.
2.c. What about education or training related sexual harassment?
This is committed:
• Against one who is under the care, custody or supervision of the

offender;
• Against one whose education, training, apprenticeship or tutorship
is entrusted to the offender;
• When the sexual favor is made in a condition to the giving of a
passing grade, or the granting of honors and scholarships, or the
payment of stipend, allowance or other benefits, privileges, or
considerations; or
• When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
A person who directs or induces another person to commit any act of
sexual harassment or who cooperates to commit the act, without which the
said act would not have been committed, will also be held liable under the
law.
2.d. What is the duty of the employer or head of office in a work or education/training
environment?
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The employer or head of office is required by the law to prevent the occurrence of sexual
harassment acts. if in case acts of sexual harassment were committed, the office should:
a. Disseminate appropriate rules and regulations which are consulted

from and jointly approved by the employees or students or trainees,
through their duly designated representatives. The said rules
prescribe the procedure for the investigation of sexual harassment
cases and the administrative sanctions applied for such.
Administrative sanctions shall not bar prosecution in the proper
courts for unlawful acts of sexual harassment. The said rules and
regulations should include guidelines on proper decorum in the
workplace and educational or training institutions.
b. Create committee on decorum and investigation of cases on sexual
harassment. The committee shall conduct meetings or as the case
may be, with officers and employees, teachers, instructors,
professors, coaches, trainors and students or trainees to increase
understanding and prevent incidents of sexual harassment. It shall
also conduct the investigation of alleged cases constituting sexual
harassment.
In the case of work-related environment, the committee shall be

composed of at least one representative each from the
management, the union, if any, the employees from the
supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee

shall be composed of at least one representative from the
administration, the trainors, teachers, instructors, professors or
coaches and students or trainees, as the case may be.
The employer or head of office, educational or training institution

shall disseminate or post a copy of RA 7877 to inform all concerned
individuals.
2.e. What if the employer or head of office did not undertake any action despite his/her
knowledge of sexual harassment act/s?
The employer or head of an office, educational or training institution will be held liable for the
damages arising from acts of sexual harassment if they are informed by the offended party of
the occurrence of such acts, yet no action has been undertaken.
2.f. Can an offended party seek redress by taking independent action?
An offended party may take independent action for damages incurred in the act of sexual
harassment. She/he may also avail of relief.
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2.g. What are the penalties applied to offenders?
Any person who violates the provisions of the law shall be penalized by imprisonment of not
less than one (1) month nor more than six (6) months, or a fine of not less than P10,000 nor
more than P20,000; both such fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provisions of this act shall prescribe in three (3)
years.
3. Important Provisions of RA 3019 (Anti-Graft and Corrupt Practices Act)

This is the main anti-corruption law of our country. This law enumerates the acts which is
considered as graft and corruption. The aim of this act is to prevent public officers to use their
position and authority in any illegal acts in order to gain either power or money.
Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the
principle that a public office is a public trust, to repress certain acts of public officers and
private persons alike which constitute graft or corrupt practices or which may lead thereto.
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local governments, the government-
owned and government-controlled corporations, and all other instrumentalities or agencies of
the Republic of the Philippines and their branches.
(b) "Public officer" includes elective and appointive officials and employees, permanent or
temporary, whether in the classified or unclassified or exempt service receiving compensation,
even nominal, from the government as defined in the preceding subparagraph.
(c) "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 festivity like Christmas, if the
value of the gift is under the circumstances manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public

officers already penalized by existing law, the following shall constitute corrupt practices of
any public officer and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced,
or influenced to commit such violation or offense.
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(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit,
for himself or for any other person, in connection with any contract or transaction between
the Government and any other part, wherein the public officer in his official capacity has to
intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner
or capacity, has secured or obtained, or will secure or obtain, any Government permit or
license, in consideration for the help given or to be given, without prejudice to Section
thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year
after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private
party any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act
within a reasonable time on any matter pending before him for the purpose of obtaining,
directly or indirectly, from any person interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will profit
thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in
which he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in
any transaction or act requiring the approval of a board, panel or group of which he is a
member, and which exercises discretion in such approval, even if he votes against the same or
does not participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board,
panel or group to which they belong.
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(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or advantage,
or of a mere representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him
on account of his official position to unauthorized persons, or releasing such information in
advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs
(b) and (c); or offering or giving to the public officer the employment mentioned in
subparagraph (d); or urging the divulging or untimely release of the confidential information
referred to in subparagraph (k) of this section shall, together with the offending public officer,
be punished under Section nine of this Act and shall be permanently or temporarily
disqualified in the discretion of the Court, from transacting business in any form with the
Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having
family or close personal relation with any public official to capitalize or exploit or take
advantage of such family or close personal relation by directly or indirectly requesting or
receiving any present, gift or material or pecuniary advantage from any other person having
some business, transaction, application, request or contract with the government, in which
such public official has to intervene. Family relation shall include the spouse or relatives by
consanguinity or affinity in the third civil degree. The word "close personal relation" shall
include close personal friendship, social and fraternal connections, and professional
employment all giving rise to intimacy which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to
commit any of the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any
relative, by consanguinity or affinity, within the third civil degree, of the President of the
Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker
of the House of Representatives, to intervene, directly or indirectly, in any business,
transaction, contract or application with the Government: Provided, That this section shall not
apply to any person who, prior to the assumption of office of any of the above officials to
whom he is related, has been already dealing with the Government along the same line of
business, nor to any transaction, contract or application already existing or pending at the time
of such assumption of public office, nor to any application filed by him the approval of which is
not discretionary on the part of the official or officials concerned but depends upon
compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor
to any act lawfully performed in an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member
of the Congress during the term for which he has been elected, to acquire or receive any
personal pecuniary interest in any specific business enterprise which will be directly and
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particularly favored or benefited by any law or resolution authored by him previously

approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the
initiation in Congress of the enactment or adoption of any law or resolution, and acquires or
receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having
such interest prior to the approval of such law or resolution authored or recommended by
him, continues for thirty days after such approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the
approval of this Act or after assuming office, and within the month of January of every other
year thereafter, as well as upon the expiration of his term of office, or upon his resignation or
separation from office, shall prepare and file with the office of the corresponding Department
Head, or in the case of a Head of Department or chief of an independent office, with the Office
of the President, or in the case of members of the Congress and the officials and employees
thereof, with the Office of the Secretary of the corresponding House, a true detailed and
sworn statement of assets and liabilities, including a statement of the amounts and sources of
his income, the amounts of his personal and family expenses and the amount of income taxes
paid for the next preceding calendar year: Provided, That public officers assuming office less
than two months before the end of the calendar year, may file their statements in the
following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of

Republic Act Numbered One thousand three hundred seventy-nine, a public official has been
found to have acquired during his incumbency, whether in his name or in the name of other
persons, an amount of property and/or money manifestly out of proportion to his salary and
to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in
the name of the spouse and unmarried children of such public official may be taken into
consideration, when their acquisition through legitimate means cannot be satisfactorily
shown. Bank deposits shall be taken into consideration in the enforcement of this section,
notwithstanding any provision of law to the contrary.
Section 9. Penalties for violations. (a) Any public officer or private person committing any of
the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be
punished with imprisonment for not less than one year nor more than ten years, perpetual
disqualification from public office, and confiscation or forfeiture in favor of the Government of
any prohibited interest and unexplained wealth manifestly out of proportion to his salary and
other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case
of conviction of the accused, be entitled to recover in the criminal action with priority over the
forfeiture in favor of the Government, the amount of money or the thing he may have given to
the accused, or the value of such thing.
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(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished
by a fine of not less than one hundred pesos nor more than one thousand pesos, or by
imprisonment not exceeding one year, or by both such fine and imprisonment, at the
discretion of the Court.
The violation of said section proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted
against him.
Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act
shall be within the original jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in
ten years.
Section 12. Termination of office. No public officer shall be allowed to resign or retire pending
an investigation, criminal or administrative, or pending a prosecution against him, for any
offense under this Act or under the provisions of the Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits. Any public officer against whom any criminal
prosecution under a valid information under this Act or under the provisions of the Revised
Penal Code on bribery is pending in court, shall be suspended from office. Should he be
convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but
if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which
he failed to receive during suspension, unless in the meantime administrative proceedings
have been filed against him.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or
given as a mere ordinary token of gratitude or friendship according to local customs or usage,
shall be excepted from the provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession,
lawful trade or occupation by any private person or by any public officer who under the law
may legitimately practice his profession, trade or occupation, during his incumbency, except
where the practice of such profession, trade or occupation involves conspiracy with any other
person or public official to commit any of the violations penalized in this Act.
Section 15. Separability clause. If any provision of this Act or the application of such provision
to any person or circumstances is declared invalid, the remainder of the Act or the application
of such provision to other persons or circumstances shall not be affected by such declaration.
Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of
determining unexplained wealth, all property acquired by a public officer since he assumed
office shall be taken into consideration.
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4. Important Provisions of Republic Act No. 1379
This law is enacted in order to ensure that any property acquired by any elected public official
during his/her incumbency that is clearly out of proportion to his/her salary shall be
considered as illegally acquired and shall be given corresponding punishment prescribed by
this law.
AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE
BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR EMPLOYEE AND PROVIDING FOR
THE PROCEEDINGS THEREFOR.
Section 1. Definitions. (a) For the purposes of this Act, a "public officer or employee" means
any person holding any public office or employment by virtue of an appointment, election or
contract, and any person holding any office or employment, by appointment or contract, in
any State owned or controlled corporation or enterprise.
(b) "Other legitimately acquired property" means any real or personal property, money or
securities which the respondent has at any time acquired by inheritance and the income
thereof, or by gift inter vivos before his becoming a public officer or employee, or any property
(or income thereof) already pertaining to him when he qualified for public office or
employment, or the fruits and income of the exclusive property of the respondent's spouse. It
shall not include:
1. Property unlawfully acquired by the respondent, but its ownership is

concealed by its being recorded in the name of, or held by, the
respondent's spouse, ascendants, descendants, relatives, or any other
person.
2. Property unlawfully acquired by the respondent, but transferred by him

to another person or persons on or after the effectivity of this Act.
3. Property donated to the respondent during his incumbency, unless he

can prove to the satisfaction of the court that the donation is lawful.
Section 2. Filing of petition. Whenever any public officer or employee has acquired during his
incumbency an amount of property which is manifestly out of proportion to his salary as such
public officer or employee and to his other lawful income and the income from legitimately
acquired property, said property shall be presumed prima facie to have been unlawfully
acquired. The Solicitor General, upon complaint by any taxpayer to the city or provincial fiscal
who shall conduct a previous inquiry similar to preliminary investigations in criminal cases and
shall certify to the Solicitor General that there is reasonable ground to believe that there has
been committed a violation of this Act and the respondent is probably guilty thereof, shall file,
in the name and on behalf of the Republic of the Philippines, in the Court of First Instance of
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the city or province where said public officer or employee resides or holds office, a petition for
a writ commanding said officer or employee to show cause why the property aforesaid, or any
part thereof, should not be declared property of the State: Provided, That no such petition
shall be filed within one year before any general election or within three months before any
special election.
The resignation, dismissal or separation of the officer or employee from his office or
employment in the Government or in the Government-owned or controlled corporation shall
not be a bar to the filing of the petition: Provided, however, That the right to file such petition
shall prescribe after four years from the date of the resignation, dismissal or separation or
expiration of the term of the office or employee concerned, except as to those who have
ceased to hold office within ten years prior to the approval of this Act, in which case the
proceedings shall prescribe after four years from the approval hereof.
Section 3. The petition. The petition shall contain the following information:
(a) The name and address of the respondent.
(b) The public officer or employment he holds and such other public offices
or employment which he has previously held.
(c) The approximate amount of property he has acquired during his
incumbency in his past and present offices and employments.
(d) A description of said property, or such thereof as has been identified by

the Solicitor General.
(e) The total amount of his government salary and other proper earnings
and incomes from legitimately acquired property, and
(f) Such other information as may enable the court to determine whether
or not the respondent has unlawfully acquired property during his
incumbency.
Section 4. Period for the answer. The respondent shall have a period of fifteen days within
which to present his answer.
Section 5. Hearing. The Court shall set a date for a hearing, which may be open to the public,
and during which the respondent shall be given ample opportunity to explain, to the
satisfaction of the court, how he has acquired the property in question.
Section 6. Judgment. If the respondent is unable to show to the satisfaction of the court that
he has lawfully acquired the property in question, then the court shall declare such property,
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forfeited in favor of the State, and by virtue of such judgment the property aforesaid shall
become property of the State: Provided, That no judgment shall be rendered within six
months before any general election or within three months before any special election. The
Court may, in addition, refer this case to the corresponding Executive Department for
administrative or criminal action, or both.
Section 7. Appeal. The parties may appeal from the judgment of the Court of First Instance as
provided in the Rules of Court for appeals in civil cases.
Section 8. Protection against self-incrimination. Neither the respondent nor any other person
shall be excused from attending and testifying or from producing books, papers,
correspondence, memoranda and other records on the ground that the testimony or
evidence, documentary or otherwise, required of him may tend to incriminate him or subject
him to prosecution; but no individual shall be prosecuted criminally for or on account of any
transaction, matter or thing concerning which he is compelled, after having claimed his
privilege against self-incrimination, to testify or produce evidence, documentary or otherwise,
except that such individual so testifying shall not be exempt from prosecution and conviction
for perjury or false testimony committed in so testifying or from administrative proceedings.
Section 9. Immunity. The Solicitor General may grant immunity from criminal prosecution to
any person who testifies to the unlawful manner in which the respondent has acquired any of
the property in question in cases where such testimony is necessary to prove violations of this
Act.
Section 10. Effect of record of title. The fact that any real property has been recorded in the
Registry of Property or office of the Register of Deeds in the name of the respondent or of any
person mentioned in paragraphs (1) and (2) of subsection (b) of section one hereof shall not
prevent the rendering of the judgment referred to in section six of this Act.
Section 11. Laws on prescription. The laws concerning acquisitive prescription and limitation
of actions cannot be invoked by, nor shall they benefit the respondent, in respect of any
property unlawfully acquired by him.
Section 12. Penalties. Any public officer or employee who shall, after the effective date of this
Act, transfer or convey any unlawfully acquired property shall be repressed with imprisonment
for a term not exceeding five years, or a fine not exceeding ten thousand pesos, or both such
imprisonment and fine. The same repression shall be imposed upon any person who shall
knowingly accept such transfer or conveyance.
Section 13. Separability of provisions. If any provision of this Act or the application thereof to
any person or circumstance, is held invalid, the remainder of the Act and the application of
such provision to other persons or circumstances shall not be affected thereby.
Section 14. Effective date. This Act shall take effect on its approval, and shall apply not only to
property thereafter unlawfully acquired but also to property unlawfully acquired before the
effective date of this Act.
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References:
https://www.officialgazette.gov.ph/1995/06/07/republic-act-no-8042-2/
https://www.officialgazette.gov.ph/1996/11/22/republic-act-no-8239/
https://www.ombudsman.gov.ph/docs/republicacts/Republic_Act_No_3019.pdf
Let’s Check
Activity 1. Multiple Choice. Choose the letter of the correct answer. Encircle the letter
of your choice. (One point each)
1. Sexual violence refers to acts that include bodily or Physical harm.
A. Yes
B. No
C. Maybe
D. None of the above
2. Physical Violence refers to an act which is sexual in nature, committed against

a woman or her child.
a. True
b. False
c. No
d. Yes
3. Is VAWC committed by men alone?

A. Yes
B. No
C. True
D. False
4. Will the employer or head of office of an educational or training institution be

liable if he fails to take action despite her/his knowledge of sexual harassment?
a. No
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b. Yes
c. Probably Yes
d. Probably No
5. Means any card, plate, coupon, book, or other credit device existing for the
purpose of obtaining money, goods, property, labor or services.
a. Access Device
b. Debit Card
c. Credit Card
d. ATM Card
Activity 2. True or False. In the space provided, write T if the given statement is true
and F if false. (One point each).
1The act of producing, trafficking, using one or more counterfeit access device
is considered a fraud.
2. A person will not be liable under B.P. 22 If he issues a check in good faith
that he still has sufficient fund in his account.
3. The head of office of an educational institution will not be liable if he has not
undertake any action despite his knowledge of sexual harassment acts in his
institution because he is not the actor in the first place.
4. Only women are victims of VAWC
5. A woman who commits violence against his husband is exempted under the
VAWC Act of 2004 because only men are liable for this.
Let’s Analyze
Let us try the following activity to know how deep your understanding about the
topics of this unit.
Matching Type. Select the letter of your choice and put your answer on the
space provided before the number. (1 point each)
____________1. “Anti-Violence Against Women a. RA 3019

And Children Act of 2004”
___________2. “ Anti-Sexual Harassment Act of 1995” b. RA 9262
___________3. “Anti-Graft and Corrupt Practices Act” c. RA 7877
In a Nutshell
In this part you are going to jot down what you have learned in this unit. The
said statement of yours could be in a form of concluding statements, arguments, or
perspective you have drawn from this lesson.
1. “Anti-Graft and Corrupt Practices Act”
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2. “ Anti-Sexual Harassment Act of 1995”
3. “Anti-Violence Against Women And Children Act of 2004”
4. Republic Act No. 1379
Q&A List
1.
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2.
3.
4.
5.
Keywords Index
Harassment Malversation Gift

Sexual Harassment Corruption Economic Abuse
Psychological Violence Unexplained Wealth Assets
Battered Woman Syndrome Graft Liabilities
BIG PICTURE D
to:
a. Discuss the different acts which falls under cyber terrorism and exemplify
the importance of computer forensics in computer crimes especially in
acquiring and locating evidences that are critical to an investigator.
b. Explain the basin concepts of Arson Investigation including the cardinal
points to consider in searching for evidences.
Big Picture in Focus: ULOa. Discuss the different acts which falls under cyber
terrorism and exemplify the importance of computer forensics in cyber-crime
especially in acquiring and locating evidences that are critical to an investigator.
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Metalanguage
unit. Please refer to these definitions as supplement in case you will encounter
difficulty in understanding the concepts computer forensics and methods of cyber
terrorism.
1. Computer – a programmable usually electronic device that can store, retrieve,

and process data.
2. Forensic – the application of scientific knowledge to legal problems.
3. Internet – an electric communications network that connect computer facilities
around the world.
4. R.A. 8792 – An act providing and use of electronic commercial and non-
commercial transactions, penalties for unlawful use thereof, and other
purposes.
5. Terrorism – a systematic use of terror especially as a means of coercion.
Essential Knowledge
This unit tackles about cyber crime which is very timely and relevant as we are now on a digital
world where technologies provide advancement that gives people an easier way of living that
has now become more prone to criminality. It will also include methods in cyber terrorism and
how computer forensic plays a very important role in investigating these crimes.
1. Computer Forensics
a. Concept of Computer Forensic
Computer Forensic is the acquisition, preservation, analysis, and presentation of

computer-related evidence. In other words, using an established and accepted process
to seized, acquire and locate information critical to an investigator.
b. Information that can be located by Computer Forensics
A vast amount of information can be located on computer systems that are seized from
terrorist suspects. The intelligence gathered from the analysis can be used by law
enforcement to identify other terrorist suspects, websites that terrorist are visiting on the
internet and information that they are trying to hide from police activity.
• Identification of terrorist suspects

• Identification of terrorist-conspirator
• Web sites visited by terrorist
• Email sent and received
• Deleted files
• Hidden files
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• Stenography (files hidden within files)
c. Stenography (Stego) is the science of hiding of information. Stenography is derived

from the Greek word for covered writing. Stego is mechanism to hide information within
files.
d. Process used in Computer Forensics
Computer Forensic is a mechanism that is followed by an investigator in their quest for

information. The process must be followed in order to establish key facts in the case. the
process will ensure that the information retrieved by an investigator can be used as
evidence in a court of law.
• Computer Seized (Overt Investigation) – the seizure is done

with the terrorist suspect being aware that his computer has
been seized.
• Computer Seized (Covert Investigation) – the image is made of
the terrorist suspect hard drive without the suspect being aware
that law is investigating.
• Hard drive imaged
• Image restored to investigators forensic computer
• Key word searches conducted
• Web cache viewed for internet sited visited
• Email recovered
• Deleted files recovered
• Stenography identified
e. Software tools used during digital media analysis
There are a number of law enforcement and commercially available software tools for
conducting digital media analysis. Investigators must spend time practicing on the
utilization of the tools. There are a number of courses, both in United States and
overseas that provide instruction on using the identified software.
• Safe back – for imaging

• Norton Ghost – for imaging
• Encase – for digital media analysis
• Ilook – for digital media analysis. look is a software used for
digital media analysis. it is made freely available to law
enforcement agencies.
• Forensic Tool Kit (FTK) – for digital media analysis
• NTI Forensic Suite – for digital media analysis
f. Legal implications of Computer Forensics
Computer Forensic is the new area in criminal justice and law. The vast majority of
prosecutors and judges do not understand the principles of computer forensics. The
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trained investigator will many times instruct these individuals on the intricacies of this
new medium.
• Preservation of the original evidence is critical in order to get

the evidence introduced into the court system.
• Chain of custody must be maintained with each officer handling
evidence.
• Court orders must specify the information that is being sought
and retrieved by the investigators.
• Due to the computer forensics being a new discipline,
investigators may have to train prosecutors and judges in the
concepts.
2. Cyber Terrorism is the premeditated, politically motivated attack against

information, computer systems, computer programs, and data which result in
violence against noncombatant targets by sub national groups or clandestine
agents.
a. Internet and computer usage
Currently power grids, dams and other industrial facilities are monitored by Supervisory
Control and Data Acquisition (SCADA) systems; approximately three million of these
exist throughout the world. Many of these SCADA systems run on DOS, Windows and
UNIX operating systems which are in turn directly or indirectly connected to the internet
thus providing as access point to terrorist and other individuals with malicious intent.
Over 300 million people around the world use the internet daily. According to C-Net
survey, two thirds of internet users would give up television and telephones before giving
up to internet service. There is an average of 3.5 million people online in chat rooms at
any given time. AOL claims 22 million chat subscribers. Our daily dependence on
computers is very real.
b. Role of Computer Forensic Investigator
A computer forensic investigator has the responsibility of recovering data from

computers that can be used in the prosecution of a criminal or in gathering evidence of
a crime. Many computer forensics investigators are police officers or are employed by
the police departments but in smaller areas they may be private computer experts that
are used only when needed by the local police force. Computer forensics investigators
are required to testify in courts if required to explain their role in evidence gathering and
to detail the evidence recovery procedure used.
Usually a computer forensics investigator is called in if the information that the police
force is looking for has been hidden or erased off of the computer. Despite being erased
the investigator can retrieve all or part of the evidence using specialized recovery
programs and the actual hard drive of the computer. Forensics investigator can also work
to crack or decode encryption programs that prevent information stored on the computer
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from being accessed. This information may be pictures, text or other sources such as
spreadsheets or databases.
A computer forensics investigator must have a good working knowledge of computer

construction as well as hard drive processes and data recovery. He or she must have a
great deal of patience and should be willing to work for long hours to try to recover
information from computers that may have been erased or physically damaged.
Understanding networking encryption and computer crime is also key to this career.
c. Common work activities include:
• Examining and recovering information from computers and

other data storage devices to be used in criminal prosecution
and evidence gathering.
• Taking apart computers and reconstructing damaged systems
to attempt to find and locate evidence on the machine.
• Preparing reports on information found or located on
computers, hard-drives and other memory devices.
• Testifying in court regarding evidence collected and the
methods used to collect the evidence.
• Completing research and keeping posted on internet and
computer crimes and methods used to gather evidence.
• Training other police and law enforcement officers on how to
handle computer related issues and how to collect evidence
from computers.
d. The role of a computer in cyber terrorism
• There are crimes where the computer is the target. So called

hacking or intrusion incidents.
• There are terrorist related acts where computers are the
medium by which the criminal conduct is committed. This would
include electronic communication between terrorist.
• We see many crimes where computers are used incidentally to
the criminal offense, such as when a database of terrorist
contacts is maintained.
e. Targets of Cyberterrorism
• Web Sites – politically motivated web site defacements will

likely continue to escalate. The most serious consequences of
web site defacements would involve “semantic” attacks, which
entail changing the content of a web page subtly, thus
disseminating false information. A semantic attack on a news
site or government agency site, causing its web servers to
provide false information at a critical juncture in the war on
terrorism, could have significant impact on the society
population. Web sites could also be targeted with DDoS
attacks, particularly government and military sites.
• Critical Infrastructures – banking and finance,
telecommunications, electrical power, gas and oil storage and
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delivery, transportation, water supply systems, emergency

services and government operation – and offers access to
them from all over the world, blurring traditional borders and
jurisdictions.
• Banking and Financial Systems
➢ Banking and financial institution – network attacks
intended to disrupt banking activity, obtain financial
records or illegally transfer funds to other accounts.
➢ Stock Exchanges – disrupt trading causing a drop in
confidence of the economic system.
• Telecommunications – telecommunications structures, which
underlie all components of our national infrastructure, are
growing not only in complexity but are operating closer to their
designed capacity. This creates an increased possibility of
cascading effects not only within the telecommunications
sector but across many other infrastructure such as banking
and finance and emergency services.
• Electrical Power – a critical infrastructure characterized by
generation stations, transmission and distribution networks that
create and supply electricity to end-users that could cause
catastrophic problems if effectively attacked. The electrical
power grid is controlled by a vast network of Supervisory
Control and Data Acquisition (SCADA) systems which are
vulnerable to attacks.
• Gas and Oil – includes production and holding facilities for
natural gas, crude, and refined petroleum-derived fuels, and
the refining and processing facilities for theses fuels. Similarly,
controlled by networked computer monitoring systems and thus
equally vulnerable to attacks.
• Transportation – A vast distribution system critical to
supporting national security and economic well-being of the
nation, including aviation; the national airspace systems;
airlines and aircraft; and airports; roads and highways, trucking
and personal vehicles and intelligent transportation systems;
waterborne commerce; ports and waterways and the vessels
operating thereon; mass transit, both rail and bus; pipelines,
including natural gas, petroleum, and other hazardous material;
freight and long haul passenger rail and delivery services.
Many aspects of this system are also controlled by networked
computer monitoring systems and thus equally vulnerable to
attack.
• Water Supply Systems – includes sources of water,
reservoirs and holding facilities, aqueducts and other transport
systems, the filtration, cleaning and treatment systems, the
pipeline, the cooling systems, and other delivery mechanisms
that provide for domestic and industrial applications, including
systems for dealing with water runoff, water and firefighting.
Susceptible to SCADA attack that could change chemical
treatment of water supply, increase water flow pressure beyond
pipeline capabilities, and turning off water supply to vital cooling
systems.
• Emergency Services and Government Operations – a
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critical infrastructure characterized by medical, police, fire and

rescue systems and personnel that are called upon when an
individual or community is responding to emergencies. These
services are typically provided at the local level. In addition,
state and federal response plans define emergency support
functions to assist in response and recovery. An attack on
these systems during a traditional terrorist attack could
exponentially increase in injuries and loss of life.
f. Methods of Cyberterrorism
A myriad of scenarios exist to orchestrate an act of cyber terrorism but it is probable that
any attack will fit one or more of the following condition:
• Attack could come from terrorists and or their nation-state

sponsors, but are more likely to come from the sympathizers
of terrorist or of nation-states targeted by US led military
operations and from hackers with anti-US sentiments.
• Attacks will almost certainly target the web sites of
government agencies and private companies, but could also
attack more high value targets such as the networks that
control critical infrastructures.
• Attacks could utilize destructive worms and viruses,
distributed denial of service exploits, intrusions to disrupt
targeted networks and other.
• Cyber exploits could be combined into a potent mix cause
widespread disruption and also combined with physical
terrorist attacks to maximize the destructive potential of both
sets of terrorist tools.
• Lastly, terrorist may engage in intelligence gathering, secure
communications, money laundering and propaganda
supplemental to an outright attack. All sub state groups have
to engage in these tasks to survive.
3. Important Provisions of R.A 8792 (Sec. 1-5, 33 and 34)
AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC

COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS AND DOCUMENTS,
PENALTIES FOR UNLAWFUL USE THEREOF, AND FOR OTHER PURPOSES
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Section 1. Short Title - This Act shall be known as the "Electronic Commerce Act of
2000."
Section 2. Declaration of Policy - The State recognizes the vital role of information and
communications technology (ICT) in nation-building; the need to create an information-
friendly environment which supports and ensures the availability, diversity and
affordability of ICT products and services; the primary responsibility of the private sector
in contributing investments and services in telecommunications and information
technology; the need to develop, with appropriate training programs and institutional
policy changes, human resources for the information technology age, a labor force
skilled in the use of ICT and a population capable of operating and utilizing electronic
appliances and computers; its obligation to facilitate the transfer and promotion of
technology; to ensure network security, connectivity and neutrality of technology for the
national benefit; and the need to marshal, organize and deploy national information
infrastructures, comprising in both telecommunications network and strategic information
services, including their interconnection to the global information networks, with the
necessary and appropriate legal, financial, diplomatic and technical framework, systems
and facilities.
PART II
ELECTRONIC COMMERCE IN GENERAL
CHAPTER I
GENERAL PROVISIONS
Section 3. Objective - This Act aims to facilitate domestic and international dealings,
transactions, arrangements agreements, contracts and exchanges and storage of
information through the utilization of electronic, optical and similar medium, mode,
instrumentality and technology to recognize the authenticity and reliability of electronic
documents related to such activities and to promote the universal use of electronic
transaction in the government and general public.
Section 4. Sphere of Application - This Act shall apply to any kind of data message
and electronic document used in the context of commercial and non-commercial
activities to include domestic and international dealings, transactions, arrangements,
agreements contracts and exchanges and storage of information.
Section 5. Definition of Terms - For the purposes of this Act, the following terms are
defined, as follows:
(a) "Addressee" refers to a person who is intended by the originator to receive the
electronic data message or electronic document. The term does not include a person
acting as an intermediary with respect to that electronic data message or electronic data
document.
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(b) "Computer" refers to any device or apparatus which, by electronic, electro-

mechanical, or magnetic impulse, or by other means, is capable of receiving, recording,
transmitting, storing, processing, retrieving, or producing information, data, figures,
symbols or other modes of written expression according to mathematical and logical
rules or of performing any one or more of these functions.
(c) "Electronic Data Message" refers to information generated, sent, received or stored
by electronic, optical or similar means.
(d) "Information and Communications System" refers to a system intended for and
capable of generating, sending, receiving, storing, or otherwise processing electronic
data messages or electronic documents and includes the computer system or other
similar device by or in which data is recorded or stored and any procedures related to
the recording or storage of electronic data message or electronic document.
(e) "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.
(f) "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 may be prove and affirmed, which is receive, recorded, transmitted, stored,
processed, retrieved or produced electronically.
(g) "Electronic Key" refers to a secret code which secures and defends sensitive
information that cross over public channels into a form decipherable only with a matching
electronic key.
(h) "Intermediary" refers to a person who in behalf of another person and with respect
to a particular electronic document sends, receives and/or stores provides other services
in respect of that electronic data message or electronic document.
(i) "Originator" refers to a person by whom, or on whose behalf, the electronic document
purports to have been created, generated and/or sent. The term does not include a
person acting as an intermediary with respect to that electronic document.
(j) "Service provider" refers to a provider of -
i. On-line services or network access or the operator of facilities therefor, including

entities offering the transmission, routing, or providing of connections for online
communications, digital or otherwise, between or among points specified by a user, of
electronic documents of the user's choosing; or
ii. The necessary technical means by which electronic documents of an originator may
be stored and made accessible to designated or undesignated third party.
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Such service providers shall have no authority to modify or alter the content of the
electronic data message or electronic document received or to make any entry therein
on behalf of the originator, addressee or any third party unless specifically authorized to
do so, and who shall retain the electronic document in accordance with the specific
request or as necessary for the purpose of performing the services it was engaged to
perform.
Section 33. Penalties. – The following Acts, shall be penalized by fine and/or
imprisonment, as follows:
(a) Hacking or crackling with refers to unauthorized access into or

interference in a computer system/server or information and
communication system; or any access in order to corrupt, alter, steal,
or destroy using a computer or other similar information and
communication devices, without the knowledge and consent of the
owner of the computer or information and communications system,
including the introduction of computer viruses and the like, resulting in
the corruption, destruction, alteration, theft or loss of electronic data
messages or electronic documents shall be punished by a minimum
fine of One Hundred Thousand pesos (P 100,000.00) and a maximum
commensurate to the damage incurred and a mandatory imprisonment
of six (6) months to three (3) years;
(b) Piracy or the unauthorized copying, reproduction, dissemination, or

distribution, importation, use, removal, alteration, substitution,
modification, storage, uploading, downloading, communication,
making available to the public, or broadcasting of protected material,
electronic signature or copyrighted works including legally protected
sound recordings or phonograms or information material on protected
works, through the use of telecommunication networks, such as, but
not limited to, the internet, in a manner that infringes intellectual
property rights shall be punished by a minimum fine of one hundred
thousand pesos (P 100,000.00) and a maximum commensurate to the
damage incurred and a mandatory imprisonment of six (6) months to
three (3) years;
(c) Violations of the Consumer Act of Republic Act No. 7394 and other
relevant to pertinent laws through transaction covered by or using
electronic data messages or electronic documents, shall be penalized
with the same penalties as provided in those laws;
(d) Other violations of the provisions of this Act, shall be penalized with
a maximum penalty of one million pesos (P 1,000,000.00) or six (6)
years imprisonment.
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Section 34. Implementing Rules and Regulations. - The DTI, Department of Budget
and Management and the Bangko Sentral ng Pilipinas are hereby empowered to
enforced the provisions of this Act and issue implementing rules and regulations
necessary, in coordination with the Department of Transportation and Communications,
National Telecommunications Commission, National Computer Center, National
Information Technology Council, Commission on Audit, other concerned agencies and
the private sector, to implement this Act within sixty (60) days after its approval.
Failure to Issue rules and regulations shall not in any manner affect the executory nature
of the provisions of this Act.
Villaluz, J.& Rodriguez, R. (2014). Instructional Module on Special Crime

Investigation. Quezon City, Philippines: Wiseman’s Books Trading Inc.
Guevarra, R. (2010). Special Crime Investigation. Quezon City, Philippines:

Wiseman’s Books Trading Inc.
Let’s Check
Activity 1. Identification. In the space provided, write the term/s that corresponds to the
following statements. (One point each)
1. Refers to the information generated, sent, received or stored by

electronic, optical or similar means.
2. Refers to a secret code which secures and defends sensitive
information that crossover public channels into a form decipherable only with a matching
electronic key.
3. Is the premeditated, politically motivated attack against information,
computer systems, computer programs, and data which result in violence against
noncombatant targets by sub national groups or clandestine agents.
4. Is the acquisition, preservation, analysis, and presentation of
computer-related evidence.
5. Is the science of hiding information.
Activity 2. True or False. In the space provided, write T is the answer is for imaging and write
F if the answer is for digital media analysis. (One point each).
1. Norton Ghost
2. Safe Back
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3.NTI Forensic Suite

4. Ilook
5. Encase
Let’s Analyze
Let us try the following activity to know how deep your understanding about the topics
of this unit.
Multiple Choice. Read each item carefully and choose the letter of your choice on the space
provided before the number. (One point each)
1. Programs in computer is specifically in industrial facilities are monitored by

SCADA. “SCADA” means?
a. Supervisory Control Analysis of Data Acquisition
b. Supervisory Control and Data Acquisition
c. Supervisory on Computer Analysis of Data Accessory
d. All of these
2. A group of persons who attack the web sites and responsible of sending viruses
to computers.
a. Hacker
b. Crocker
c. Computer Defacement
d. Forensic Investigations
6. A law which regulate the access of computer devices.

a. P.D. 8484 c. R.A. 4884 e. R.A. 9287
b. R.A 9344 d. R.A. 8484
In a Nutshell
In this unit, you were taught about the importance of computer forensics from the
acquisition to preservation of computer related evidence. Now, I would like you to give a
situation that falls under cyber terrorism and relate how will cyber forensic aid the investigation.
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Q&A List
In this section you are going to list what boggles you in this unit. You may indicate your
questions but noting you have to indicate the answers after your question is being raised and
clarified. You can write your questions below.
1.
2.
3.
4.
5.
Keywords Index
Computer Internet Forensic

Computer Forensic Terrorism Cyber crime
Cyber Terrorism Stenography Software
Telecommunication Web Sites Software Tool
Electronic Data Message Electronic Commerce Service Provider
Electronic Document
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Big Picture in Focus: ULOb. Explain, the basin concepts of Arson Investigation
including the cardinal points to consider in searching for evidences.
.
Metalanguage

unit. Please refer to these definitions as supplement in case you will encounter
difficulty in understanding the concepts of Arson Investigation.
1. Arson – is the crime of intentionally and maliciously setting fire to structures or wild
land areas.
2. Pyrolysis – is the chemical process whereby fire consumes most solids.
3. Fire – a phenomenon of combustion manifested in light, flame and heat.
4. Pyromaniacs – A person who has an uncontrollable impulse to start fires.
Essential Knowledge
This unit will discuss basic concepts of Arson Investigation.. This will highlight
the complexity of Fire Investigation as to why fires should be investigated. Please note
that you are not limited to exclusively refer to these resources. Thus, you are expected
to utilize other books, research articles and other resources that are available in the
university’s library e.g. ebrary, search.proquest.com etc., and even online tutorial
websites.
Arson Investigation
1. ARSON is the crime of intentionally and maliciously setting fire to structures or wild,
land areas. It may be distinguished from other causes such as spontaneous
combustion and natural wildfires. Arson usually describes fires deliberately set to the
property of another or to one’s own property as to collect insurance compensation.
PD 1613 the law on arson in the Philippines is covered by Article 320 to 326 of the Revised
Penal Code, as amended by PD 1613, PD 1744 and Sec. 50 Rule VIII IRR of RA 6975 which
provides that the Bureau of Fire Protection (BFP) shall have the power to investigate all causes
of fires, and if necessary, file the proper complaint with City/Provincial Prosecutor who has
jurisdiction over arson cases.
RA 6975 Sec. 54 – which provides that the Fire Bureau shall have the power to investigate all
causes of fires and if necessary file the proper complaint with the City/Provincial Prosecutor
who has jurisdiction over the case.
1.a. Prima Facie Evidence of Arson
• If the fire started simultaneously in more than one part of the
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building or establishment.
• If substantial amount of flammable substances or materials are
stored within the building not necessary in the business of the
offender nor for household use.
• If gasoline, kerosene, petroleum or other flammable or combustible
substances or materials soaked therewith or containers, thereof, or
any mechanical, electrical, chemical or electronic contrivance
designed to start a fire, or ashes or traces of any foregoing are found
in the ruins or premises of the burning building or property.
• If the building or property is insured for substantially more than its
actual value at the time of the issuance of policy.
• If during the lifetime of the corresponding fire insurance policy more
than two fires have occurred in the same premises owned or under
the control of the offender and/or insured.
• If shortly before the fire a substantial of the effects and stored in
building or property had been withdrawn from the premises except
in the ordinary course of business.
• If a demand for money or other valuable consideration was made
before the fire in exchange for the distance of the offender or for the
safety of the person or property of the victim.
1.b. Definitions:
• Investigate – to seek information about by searching into or

examining.
• Investigation – an examination for the purpose of discovering
information about something.
• Investigation – discussion, examination, exploration, inquiry,
interrogation, pursuit, query, question, research, review, search,
scrutiny.
1.c. Fire and Arson Investigation Procedures
In general, Arson; the malicious burning of property, is one of the most difficult offense to
investigate. The arsonist attempts to successfully set a fire and to escape undetected. This is
most often accomplished by using an ignition-delaying device that allows the arsonist to leave
the scene before the fire started. The fire can consume the scene and destroy much physical
evidence of the offense. Harder forms of evidence are often buried in debris and glossy altered
in appearance which makes it difficult to investigate.
a. Almost invariably, it is circumstantial evidence that supports the

investigator’s conclusions. This circumstantial evidence must be strong
enough to establish strong connection between the suspect and the fire.
This characteristic of arson, and the physical appearance of the scene, is
the same; whether of criminal or accidental origin, makes proof a very
complex investigative task. Although the circumstances may be
definitely suspicious, accidental fires are common and the investigator
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must eliminate every possibility of natural or accidental causes before

he can build a hypothesis of arson.
b. These are some of the basic difficulties in detecting and investigating
arson. The problem or serious fire, when the scene is a smoldering ruin,
may seem impossible; however, an investigator applying the scientific
and practical techniques of arson investigation can determine the origin
and cause of the fire and recover vital physical evidence from the fire
scene.
1.d. Motives:
a. Insurance Fraud. This offense normally involves burning of one’s own

property to wrongfully collect (defraud) insurance money for the loss, by
fire, of the insured property.
b. Grudge and Spite Fires. An individual seeking to revenge a wrong, either
real or fancied, may attempt to injure or to cause hardship to the person
who caused the wrong. Because a fire may inflict both physical and
financial injury, it may be used as a medium of revenge.
c. Fires to Cause Public Disturbance. An offender may resort to arson as a
means of causing a public disturbance. A fire attacks people, is
destructive, cause confusion, and give rise to attendant problem that
divert police attention.
d. Sabotage Fires. Arson is one of the saboteur’s most effective weapons.
e. Fires to Conceal Other Crimes. A criminal may attempt to cover another
crime with a fire; he may reason that the burning will appear accidentally
and will destroy the evidence of the original crime. a murderer may burn
both the scene and the victim in the hope that the corpse will be
destroyed or the cause of death obliterated a burglar may use fire to
cover burglary.
f. Fires by Pyromaniacs. Because the pyromaniacs commits the crime of
arson to satisfy an overpowering impulse, he usually does not seek any
insurance indemnity or other material gain.
g. Fires by Vandals. Vandalism as used in the discussion, is a general term
denoting intentional burning to destroy property.
1.e. Elements of Arson:
• Actual burning took place

• Done with malicious intent
• The burning is done by a person who is criminally and civilly liable.
1.f. Consummated Arson:
• The mere discoloration or scorching of a wooden wall by fire is

consummated arson.
• If the scorching is on the concrete wall where there is remote
possibility of the fire to spread, it is attempted arson.
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• The act to set fire with preparation of inflammable material at the

place to burned is attempted arson.
• There is no frustrated arson.
1.g. Why fires should be investigated?
• There are a lot of reasons why fires incident should be investigated

but the two main reason is to determine the cause of such fire and
to prevent similar occurrences to happen.
• After a thorough investigation of the incident you can only arrive at
the determination of the origin and the cause of the fire. An
investigator must be well equipped with a deep understanding of
chemistry of fire and its attendant behavior since basic investigation
is a prelude only to the discovery of the true cause of the fire.
Measures to prevent its recurrence can be implemented once the
cause of fire is brought to light by the investigation being conducted.
• As an investigator, it is important to note that not all fires burn in the
same manner depending on its source of kindling material and
property and each fire is influenced by its environment during its
burning process.
1.h. Three Elements of Fire
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FUEL – fuel is the material being burned, it can be solid, liquid or gas. It is the most important
part of the fire triangle. Knowing the nature and properties of the fuel is an essential
information in fire-fighting and fire investigation. (Photos taken from www.google.com)
OXYGEN – generally everywhere; it is colorless, tasteless and odorless gas in the earth’s
atmosphere which is vital to human life and fire. Its chemical symbol is “O”. Oxidizing agents
are those materials that yield oxygen or other oxidizing gases during the course of a chemical
reaction. Oxidizers are not themselves combustible, but they support combustion when
combined with a fuel.
HEAT – is any device to start a fire. It can be safety

match, a lighted candle, or the more sophisticated forms
such as chemicals, electrical, mechanical, or electronic
contrivance, diabolically designed to start a blaze heat is
the energy component of the fire, tetrahedron. When
heat comes into contact with a fuel, the energy supports
the combustion reaction.
Photo taken from www.google.com
1.i. Stages of Fire:
• Ignition
• Growth
• Flashover
• Fully Developed
• Decay
1.j. THREE PHASES OF FIRE
• Initial or Incipient or Ignition – the base area of the fire has a

temperature of 400 degrees farenheight to 800 degrees farenheight.
The room has a normal temperature and as the heat from the fire
rises, the ambient temperature cools until the ceiling temperature is
about 200 degrees farenheight. The products of pyrolysis are mostly
water vapors and carbon dioxide in this phase. Minute quantities of
carbon monoxide and sulfur dioxide may also be present. This is the
beginning of the fire.
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Free Burning Phase or Growth – as the fire continues to burn and build up heat, the pyrolytic
process accelerates. The thermal column of fire begins to develop and the heat rises. The
temperature in the base area of the fire may reach 800 degress farenheight to 1000 degrees
farenheight and at the ceiling 1,200 degrees farenheight to 1,600 degrees farenheight. If the fire
is in vicinity of a wall, the rising pattern of the thermal column begins to be apparent on the
wall. This burnt pattern is called the fingerprints of fire.
Smoldering Phase – fire consumes oxygen, should the air and oxygen become exhausted in the
area of the fire, other changes takes place in the behavior. When the oxygen content drops to
below 13%, it begins to smolde (nagbabaga) because the fire can no longer support the flames.
As the flame production ceases, it begins to smolder and glow. With no flames, the thermal
column ceases and the heat begins to develop into layers.
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1.k. Pyrolysis is the chemical process whereby fire consumes most solids. Once the fuel becomes
ignited, the characteristics of the fire that follows depend upon the chemical make-up of the
fuel. As the fuel becomes heated, the moisture in it begins to produce water vapors. Shortly
thereafter, the decomposition begins to produce combustible vapors or free radicals. It is these
vapors or free radicals that burn.
• Pyrolysis of Wood – one of the major components of woods is

cellulose. As the temperature of wood rises, it begins to compose
chemically, with water vapors being first volatiles produced. As the
process continues, carbon monoxide, carbon dioxide, hydrogen and
more water and other vapors are distilled. Finally, all that remains is
carbon on the form of charcoal. The soft woods, particularly pines,
contain large quantity of resins in their cellular pockets.
• Pyrolysis of Liquid Fuel – liquid fuels are subject to pyrolysis.
Flammable and combustible liquids such as gasoline, fuel oil, and
turpentine are volatile. They may vaporize rapidly when heated, and
the vapors burn. Most of the time, these liquid fuels have a boiling
point that is lower than the temperature at which they would
pyrolize. Therefore, the boiling process produces the vapors and
gases before the pyrolytic temperature is reached. In the most cases,
the liquid fuel of interest to the investigator fall within this category.
They are not pyrolized in a fire, but are distilled into it by the boiling
process.
1.l. FIRE BEHAVIOR AS APPLIED TO FIRE INVESTIGATIONS
Heat Transfer. Fires spread and heat transferred in three methods.
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1. Conduction – means the passage of heat energy from particle in a

substance. Heat travels by conduction through solids or between solids
in contact with each other. The concept of the vibration of molecules
makes it easy to visualize how heat will flow in a solid. The rate of
conduction depends upon the temperature difference and density of the
solid.
2. Convection – heat travels by convection by moving from one molecule
to another, creating a thermal column of fire called convection current
which circulates and rise and may produce fire balls a phenomenon
usually generated by a very intense fire. Convection currents also carries
and heated pyrolytic products upward a building to the highest point
available.
3. Radiation – means the process in which energy in the form of rays of
light, heat, etc., is sent out from atoms and molecules as they go internal
change. Heat energy is radiated or sent out from a hot body to the cold
body. Radiant heat has been responsible for the communication or
transfer of fires between buildings almost 100 feet apart. The radiation
is absorbed by the combustible surfaces of the exposed or nearby
structure.
These three methods of heat transfer will cause havoc and turn a small fire into a
conflagration if it breaks out into a group of houses commonly known in tagalog as loobans,
composed of light material houses grouped so close together without intervening spaces.
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1.m. THERMAL BALANCE AND THERMAL IMBALANCE
Thermal balance and thermal imbalance are two types of fire behavior which the investigator
must be familiar with.
• Thermal Balance is the normal pattern or movement of fire, smoke,

and fire gases within a building or structure or the natural condition
created by the fire.
• Thermal Imbalance is the products of combustion rise in a building
or flow out of an opening, an equal volume of air replaces them. If
during extinguishment, water is distributed in such a manner as to
upset the thermal balance, a condition known as thermal imbalance
may occur.
1.n. Who is qualified to investigate fires?
A Fire Investigator must have the following traits:
• Should possess knowledge of investigational techniques.

• Should have an insight of human behavior.
• Should have firsthand knowledge of the chemistry of fire and fire
behavior.
• Should be resourceful.
1.o. Complexity of Fire Investigation
While fire investigation generally follows the principle of crime investigation, it is more unique
and complex than other police inquiry. it is more unique in the sense that fire destroys
evidence. It is more complex for one thing, if it is incendiary or arson, it does not strictly
conform with the character of “consummated offense” as provided for Par. 2, Art.6 of the
Revised Penal Code. For another, the crime of arson is planned, motivated, committed in
secret and rarely can an eye witness be found who can testify to the setting of the fire.
1.p. Methods of Incendiary Fire
• Plants and Trailers – a preparation to set a fire is termed plant. It is

designed to feed the fire as rapidly as possible when the ignition
device is lighted. A trailer can be compared with a wick that must
cause fire not only in one place but could conceivably create an
instantaneous fire through out an entire building.
• Combustible Materials and Substances – like gasoline, kerosene,
alcohol, paints, thinner, varnish and others.
• Mechanical Contrivances – matches lighted cigarettes, candles,
flares, etc.
• Gas and Electrical Appliances – gas range, toasters, hot plates, iron,
switches, soldering irons, and etc.
• Chemical Contrivances – acids, phosphorous or calcium
hypochlorite – contact with soda pop or cola produces immediate
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chemical reaction and results to fire.

1.q. Types of Fire Setters
• Arson for Profit (Insurance) Solitary Fire Setters – they set fire
secretly for revenge or spite. The reasons are low intellect, senility,
intoxication and psychological disorders. Included in this category
are pyromaniacs, security guard who wants to be a hero, the
teenager who will set fire to help the firemen, the house wife who
wants the husband to come home at night, the psychotic fire setter
and the sexual deviate who derives sexual gratification for seeing the
fire.
• Group Fire Setters – as a means of vandalism by teenagers or by peer
pressure. Riot fires is also done by groups as an outburst of violence,
tension or social unrest as a result of mob rule. Political fire are
included to dramatize an issue, embarrass authorities political
reasons.
1.r. How to locate the origin of fire?
• By witnesses – the first who discover the fire.

• Low Point of Burning – the lowest point of burning should be given
the outmost consideration in locating the origin of fire. Fire will
normally burn upward. The hot gasses and carbon particles will
continue to rise for any period of time before the fire spreads
downward.
• Charring – the char will generally be deepest from where the fire
originated. When the fire is extinguished quickly, the charring is only
slightly below the surface.
• Alligatoring – fire burning for a longer period indicates a char
pattern that is deep and pronounced. The charring on the woods
exactly looks like the hide of a black alligator patterns.
1.s. Searching the Fire Scene
A good investigator should be physically and mentally prepared before conducting the search:
the first is having the proper tools; and the second and of equal importance is in having the
right attitude. In connection with the first preparation, here are some of the tools that the
investigator should have at the scene of the fire:
• Ten battery flashlight

• Official department notebook, ballpen/pencil, sketchpad or graph
paper for sketching and clip board.
• A 50-60 foot steel tape for measuring
• A good tape recorder
• Any device to measure depth or char
• A good camera
• A 50 foot rope
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• A new gas mask or towels
STEPS IN TRACING THE ORIGIN OF THE FIRE SCENE
• Step One: the investigator must first conduct a careful inspection of

the burned building form the outside. This outside survey may
disclose any external origin of fire, important disclosure should be
sketched and photographed, particularly in reading and interpreting
burn patterns.
• Step Two: after his outside survey, the investigator should enter the
building to correlate the same with the internal survey of the
structure in question. In order to determine the point of origin, the
investigator must first locate the area of room of origin. Therefore
charring will be the heaviest and the destruction of the
combustibles, the greatest in this location. Thus, the origin is usually
found in that part of the structure where the most severe damaged
has occurred.
• Step Three: to locate the point of origin, the investigator must check
the ceiling area first. Look for heavy damage to the upper parts of
the room. Material destroyed by fire and severely damaged ceiling
or roof rafters can be important. From theses upper areas, trace the
flow of heat downward. Follow the deeper areas, trace the flow of
heat downward. Follow the deeper charring from the ceiling down
the wall to the lower areas of the room where the destruction is
most severe may indicate an area of origin.
• Step Four: as indicated before, the heat from a fire has a tendency
to rise. As it rises, pyrolysis and the charring of combustible materials
occur. As the pyrolytic process continues, the resulting char is
deeper where the decomposition has been taking place the longest.
This results in the formation of the inverted cone pattern of the
fingerprints of fire. The bottom of the cone pattern is the area of the
most interest to the investigator.
SEARCHING FOR EVIDENCE
In a fire scene searching for the evidence is a very meticulous process. Literally, it is a very
dirty job. The fire investigator has to cope with burned as well as with wet objects among the
debris because whatever evidence he is searching for lies beneath – at the bottom of those
pile of rubble.
The process is not to shovel at the base of the mound as to scatter, spread and sort out the
burned, the partly burned, as well as the unburned material and other objects which goes with
the collapse of the structure. This will surely destroy the evidence. Instead the safest
procedure is for the investigator to start at the top of the heap, patiently work his way
downward, carefully removing the objects one by one, lying them aside, until he reaches the
bottom where he will find the “pot of gold” – the evidence.
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THREE KINDS OF ORIGIN OF FIRE
The Philippine Supreme Court recognizes the following as the origin of fire:
1. Providential fires are caused by the acts of God, like lightning fires and
erupting volcanoes. They cannot be controlled nor prevented by man.
2. Accidental fires are caused mostly by human negligence and human
errors, such as smoking in bed, leaving plugged electrical appliances and
defected LPG containers.
3. Intentional fires are those set on purpose with a motive, legally
classified as arson or incendiarism, such as burning a structure for
insurance or to cover up another crime.
7.t. Color of Smokes
• Steam Smoke – presence of humid substances in contact with

combustible materials.
• White Smoke – indicates the presence of phosphorous.
• Purple, Violet or Lavander Flames – potassium.
• Grayish Smoke – caused by ashes and soots of loosely packed
materials such as straw or hay.
• Black Smoke – coming from a material with petroleum base such
as rubber, tar, coals, turpentine or petrol gum.
• Black Smoke with Red and Bluegreen Flames – asphalt shingles.
• Greenish-yellow Flames – manganese
• Bright Reddish-yellow Flames – calcium
• Reddish Brown or Yellow Smoke – presence of nitrates or
substances compounded with nitrates such as nitric acid, plastics,
or cellophanes.
2. Definition of Motor Vehicle (Sec. 2, RA 6539)

Motor vehicle is any vehicle propelled by means other than muscular power, using the public
highways, but excepting road rollers, trolley cars, street sweepers, sprinklers, lawn mowers,
bulldozers, graders, folk lifts, amphibian trucks, 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 vehicle with no power rating.
2.a. Macro Etching is the chemical process of determining the authenticity of the engine and
chassis numbers of a motor vehicle which is a requirement before a clearance is used for
registration of newly transferred vehicle from the dealers, owners or buyers.
2.b. Micro Etching is the chemical process of restoring erased or tampered engine and chassis
number. The process is by continuous application of strong acid on the suspected tampered or
erased numbers.
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2.c. How to detect stolen vehicles?
• No license plate number

• Sporting improvised plates
• Sporting plates which are for specific vehicles like yellow plate
attached to private vehicle
• Abandoned vehicles
• Fake license plates or stickers
• No sticker for the current year
• Haphazardly painted
• Plates do not correspond to the year or model of the vehicle
2.d. MODUS OPERANDI OF CARNAPPERS
Selection of car make or model which easily marketable due to high demand such as Honda,
Pajero. Collusion of carnappers with sales agents of car dealers who furnished a copied key and
the address of buyers. Use of false key while parked unattended. Carnappers sporting as police
officers who will check and confiscate purportedly carnapped vehicle. By the use of firearms to
intimidate or exact violence on the driver. Going around early morning where they will drive
away cars being washed and while the ignition key is on the switch. Waiting at the gate for the
car to arrive or leave where carnappers use violence or intimidation to the driver.
Villaluz, J.& Rodriguez, R. (2014). Instructional Module on Special Crime Investigation. Quezon
City, Philippines: Wiseman’s Books Trading Inc.
Let’s Check
1. The three elements of fire.
2. A chemical process whereby fire consumes most
solids.
3. The passage of heat energy from particle to particle in
a substance.
4. What product/chemical is present if the color of flame
is greenish-yellow.
5. Fires caused by lightning.
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6. This offense normally involves burning of one’s own

property to wrongfully collect (defraud) insurance money
for the loss, by fire, of the insured property.
7. The chemical process of restoring erased or tampered
engine and chassis number.
8. Any card, plate, coupon book, or other credit device existing
for the purpose of obtaining money, goods, property, labor or
services or anything of value on credit.
9. Any equipment, mechanism or impression designed or
primarily used for making or altering or reencoding an access
device or a counterfeit access device.
10. Refers to a secret code which secures and defends
sensitive information that cross over public channels into a
form decipherable only with a matching electronic key.
Let’s Analyze
1. Explain the need to investigate fires.

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2. How does an investigator trace the origin of fire? Discuss your answer
systematically.
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___________________
In a Nutshell
In this part of the unit, you were given the basic concepts in fire
investigation. Assuming that you are an investigator, you are given a case and
give your valid and elaborate conclusions regarding the given case.
1. Cocoy Matin poured a gasoline into a building which is made of slight materials
and kindle the gasoline and the building but the building was not burned because
of the heavy rain. Base on your knowledge regarding fire investigation, is Cocoy
Martin guilty of any crime? If yes, what would be the possible crime that should
be filed against Cocoy Martin. State your justification regarding your argument.
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Q&A List
1.
2.
3.
4.
5.
Keywords Index
Arson Fire Setters Carnapping

Arson Investigation Pyrolisis Macro Etching
Pyromania Combustion Micro Etching
Pyromaniacs Fire Motor Vehicle
Modus Operandi Fire Triangle Unintentional Arson
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COURSE SCHEDULES
Please be mindful of the schedules below to avoid future problems in complying with
your requirements.
Activity Date Where to submit

Big Picture A: ULOa Let’s Check and
August 20, 2020 CF’s email
Analyze Activities
Big Picture A: ULOa In a Nutshell August 22, 2020 CF’s email
Big Picture A: ULOa Q and A List August 24, 2020 via Zoom app
Big Picture A: ULOb Let’s Check and
August 25, 2020 CF’s email
Analyze Activities
Big Picture A: ULOb In a Nutshell August 27, 2020 CF’s email
Big Picture A: ULOb Q and A List August 28, 2020 via Zoom app
First Examination September 4,
Quipper LMS
2020
Big Picture B: ULOa Let’s Check and September 8,
CF’s email
Analyze Activities 2020
Big Picture B: ULOa In a Nutshell September 9,
CF’s email
2020
Big Picture B: ULOa Q and A List September 11,
via Zoom app
2020
Big Picture B: ULOb Let’s Check and September 15,
2020 CF’s email
Analyze Activities
Big Picture B: ULOb In a Nutshell September 15,
2020 CF’s email
Big Picture B: ULOb Q and A List September 16,
via Zoom app
2020
Big Picture B: ULOc Let’s Check and September 16,
CF’s email
Analyze 2020
Big Picture B: ULOc In a Nutshell September 16,
CF’s email
2020
Big Picture B: ULOc Q and A List September 17,
Via Zoom App
2020
Second Examination September 18,
Quipper LMS
2020
Big Picture C: ULOa Let’s Check September 22,
2020 CF’s email
and Analyze Activities
Big Picture C: ULOa In a Nutshell September 29,
2020 CF’s email
Big Picture C: ULOa Q and A List September 30,
via Zoom app
2020
Third Examination October 2, 2020 Quipper LMS
Big Picture D: ULOa Let’s Check
October 8, 2020 CF’s email
Big Picture D: ULOa In a Nutshell October 8, 2020 CF’s email
Big Picture D: ULOa Q and A List October 9, 2020 via Zoom app
Big Picture D: ULOb Let’s Check October 13, 2020 CF’s email
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Big Picture D: ULOb In a Nutshell October 13, 2020 CF’s email
Big Picture D: ULOb Q and A List October 14, 2020 via Zoom app
October 15-16,
Final Examination Quipper LMS
2020
Please note that this schedule may change from time to time. It is advisable that you
always keep in contact with your teacher for updates and always check your LMS or
Group Chatrooms.
Online Code of Conduct
• All teachers/Course Coordinators and students are expected to abide by an honor

code of conduct, and thus everyone and all are exhorted to exercise self-
management and self-regulation.
• Faculty members are guided by utmost professional conduct as learning facilitators
in holding DED conduct. Any breach and violation shall be dealt with properly under
existing guidelines, specifically on social media conduct (OPM 21.15) and
personnel discipline (OPM 21.11).
• All students are likewise guided by professional conduct as learners in attending
DED courses. Any breach and violation shall be dealt with properly under existing
guidelines, specifically in Section 7 (Student Discipline) in the Student Handbook.
• Professional conduct refers to the embodiment and exercise of the University’s
Core Values, specifically in the adherence to intellectual honesty and integrity;
academic excellence by giving due diligence in virtual class participation in all
lectures and activities, as well as fidelity in doing and submitting performance tasks
and assignments; personal discipline in complying with all deadlines; and
observance of data privacy.
• Plagiarism is a serious intellectual crime and shall be dealt with accordingly. The
University shall institute monitoring mechanisms online to detect and penalize
plagiarism.
• All borrowed materials uploaded by the teachers/Course Coordinators shall be
properly acknowledged and cited; the teachers/Course Coordinators shall be
professionally and personally responsible for all the materials uploaded in the
online classes or published in SIM/SDL manuals.
• Teachers/Course Coordinators shall devote time to handle DED courses and shall
honestly exercise due assessment of student performance.
• Teachers/Course Coordinators shall never engage in quarrels with students online.
While contentions intellectual discussions are allowed, the teachers/Course
Coordinators shall take the higher ground in facilitating and moderating these
discussions. Foul, lewd, vulgar and discriminatory languages are absolutely
prohibited.
• Students shall independently and honestly take examinations and do assignments,
unless collaboration is clearly required or permitted. Students shall not resort to
dishonesty to improve the result of their assessments (e.g. examinations,
assignments).
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• Students shall not allow anyone else to access their personal LMS account.
Students shall not post or share their answers, assignment or examinations to
others to further academic fraudulence online.
• By handling DED courses, teachers/Course Coordinators agree and abide by all
the provisions of the Online Code of Conduct, as well as all the requirements and
protocols in handling online courses.
• By enrolling in DED courses, students agree and abide by all the provisions of the
Online Code of Conduct, as well as all the requirements and protocols in handling
online courses.
Monitoring of OBD and DED
• The Deans, Asst. Deans, Discipline Chairs and Program Heads shall be
responsible in monitoring the conduct of their respective DED classes through the
LMS. The LMS monitoring protocols shall be followed, i.e. monitoring of the
conduct of Teacher Activities (Views and Posts) with generated utilization graphs
and data. Individual faculty PDF utilization reports shall be generated and
consolidated by program and by department.
• The Academic Affairs and Academic Planning & Services shall monitor the conduct
of LMS sessions. The Academic Vice Presidents and the Deans shall collaborate
to conduct virtual CETA by randomly joining LMS classes to check and review
online the status and interaction of the faculty and the students.
• For DED, the Deans and Program Heads shall come up with monitoring
instruments, taking into consideration how the programs go about the conduct of
DED classes. Consolidated reports shall be submitted to Academic Affairs for
endorsement to the Chief Operating Officer.
Course prepared by:
MARIA THERESA M. MULATO, RCRIM

Course Coordinators
Course reviewed by:
MARCK LESTER L. NAVALES, CPA, MBA

Assistant Dean
Approved by:
GINA FE G. ISRAEL, EdD

Dean of College
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Work Plan for Lecture
Days
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Modality Synchronous Asynchronous Synchronous Asynchronous Synchronous Asynchronous
Type of • Teacher to • Learner to Learner to Learner to • Learner to
Teacher to Learner
interaction Learner Content Learner Content Content
• Uploading of • Utilization of • Group Sharing • Utilization of • Discussion • Utilization of
Learning SIM a. Collab SIM (Clarification or New SIM
Materials b. Forum lessons)
• Videos c. Zoom • Videos a. Collab • Videos
• Discussion b. Forum
a.Collab • Self-directed • Consultation • Self-directed c. Zoom • Self-directed
b.Forum Activities Activities Activities
Suggested c. Zoom • Supplementary Rest
Activities Activities Day
• Giving of
Formative • Quiz
Assessment
• Consultation
• Giving of
Performance
Task
Prepared by: Reviewed by: Approved by:
MARIA THERESA M. MULATO, RCRIM MARCK LESTER L. NAVALES, CPA, MBA GINA FE G. ISRAEL, EdD
Course Teacher Assistant Dean Dean of College
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CRI 223 Specialized Crime With Legal Medicine

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UNIVERSITY OF MINDANAO

Department of Criminal Justice Education

Physically Distanced but Academically Engaged

Self-Instructional Manual (SIM) for Self-Directed Learning (SDL)

Course/Subject: CRI 223 – Specialized Crime Investigation with Legal

Name of Teacher: Maria Theresa M. Mulato, RCrim

THIS SIM/SDL MANUAL IS A DRAFT VERSION ONLY; NOT FOR

Part 1. Course Outline and Policies ...................................................... 1

Big Picture B: Unit Learning Outcomes ............................................. 21

Let’s Check .................................................................................... 24

Big Picture C: Unit Learning Outcomes ......................................... 38

Q&A List .................................................................................... 54

Big Picture D: Unit Learning Outcomes ......................................... 55

Part 3. Course Schedule ......................................................................... 70

Course Outline: SST 212 – Microeconomics

Course Coordinators : Maria Theresa M. Mulato, RCrim

Date of Effectivity : August 2020

Course Outline Policy

Areas of Concern Details

Contact and Non- This 3-unit course self-instructional manual is designed

Assessment Task Submission of assessment tasks shall be on the 3rd, 5th,

If the assessment task is done in real-time through the

Turnitin submission To ensure honesty and authenticity, all assessment

Please note that academic dishonesty such as cheating

However, if the late submission of the assessment

For group assessment tasks, the course coordinator

the originality of the assessment task submitted and to

Assignment You should request in writing addressed to the course

Re-marking of You should request in writing addressed to the course

If disapproved by the course coordinator, you can

Grading System Your grades will be based on the following:

Submission of the final grades shall follow the usual

Student Communication You are required to have an e-mail account, which is a

coordinator shall enroll the students to have access to

You may call or send SMS to your course coordinator

You can also meet the course coordinator in person

Contact Details of the Dr. Gina Fe G. Israel

Marck Lester L. Navales, CPA, MBA

Library Contact Details Clarissa R. Donayre, MSLS

Mersun Faith A. Delco, RPm

Alfred Joshua M. Navarro

Course Information – See or download the course syllabus in Quipper

CO : As a student of this course you are expected to have a

1. Criminal Investigation is an act of systematic examination of facts and or

1. Criminal Investigation is an applied science that involves the

2. Criminal investigations are conducted primarily for the prevention

• First, the investigator will attempt to identify the and safely

When crimes occur, it is the duty of the Law Enforcers to

3. The paramount factor to the success of the investigation lies on the

• Perseverance – steadfastness, persistence, and resolution to

4. Three tools of investigation (Three I’s of Investigation)

coming from the underworld characters such as

• Interview and Interrogation – (Interrogation) is the process

• Instrumentation – Is sometimes called as “criminalistics”. This

5. The Four Methods of Crime Scene Search (Note: there is no

(This picture was taken from quizlet.com)

• The Double Strip or Grid Method – It has the same process

(This photo was taken from quizlet.com)

(This photo was taken from quizlet.com)

(This photo was taken from quizlet.com)

(This photo was taken from quizlet.com)

6. Sketching the Crime Scene – (Sketch) it is the graphic

(This photo was taken from jessmiller1.blogspot.com)