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UNIVERSIDAD DE ZAMBOANGA

School of Criminal Justice

MODULE ON SPECIAL CRIME INVESTIGATION

IVY B. AMANO, RCRIM


Instructor 1

UNIVERSIDAD DE ZAMBOANGA
SCHOOL OF CRIMINAL JUSTICE

APPROVAL

This is to certify that this module has been approved for use, exclusively in the
Universidad de Zamboanga in the course CDI 5 (Special Crime Investigation for the
First semester SY 2022-2023.

Copyright:
All rights reserved. No part of this module may be copied, kept in a retrieval system
or transferred in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise, without the prior written consent of the Author/s and
Universidad de Zamboanga.

IVY B. AMANO, RCRIM


Instructor 1

Approved by:

Jo-Anne Jaen-Bernardo Ph. D


Vice-President for Academic Affair
TABLE OF CONTENTS

Cover Page 1

Course Guide 2

Modules 3

Module I –

Lesson 1 – Definition of Special Crime Investigation


And Homicide Investigation

Lesson 2 – Essence of DNA testing

Module II –

Lesson 3 – Rape and Sexual Offenses


Lesson 4 – Robbery cases.

Module III –

Lesson 5 – Computer Crimes Investigation


Lesson 6 – Investigation of Bomb Scene

Module IV –

Lesson 7 – Arson Investigation


Lesson 8 – Role of SOCO in Arson Investigation
Course Guide:

Special Crime Investigation is a subject taught in the 4 th year level of


Bachelor of Science in Criminology in the first semester. This subject deals with the
study of major crimes based on the application of special investigative
techniques. Special Crime Investigation is consisting of special investigative
techniques. It also deals on how is the process of handling every cases to be
able to have or gather evidences at the crime scene. It concentrates more on
physical evidence, its collection, handling, identification and preservation in
coordination with the crime laboratory special crime investigation. It deals also
the study of using DNA tests in helping solve cases that can use against the
perpetrator and present to court as evidence. Philippines justice system,
particularly the court, relies more on physical evidence rather than extra-judicial
confessions and testimonies unless supported by corpus delicti.

At the completion of this module, the students should be able to:

 Define Special Crime Investigation,


 The Importance and Procedure of Homicidal Investigation
 The Importance of DNA test in Investigation
 The Procedure to investigate sexual offenses and Robbery cases
 Different Computer Crimes
 Procedure in Arson Investigation and the Role of SOCO

This subject does not have pre requisite subjects and requisites knowledge.
Submission of requirements and activities must be done on time; failure to comply
will mean no credit will be given. There will be assessment and evaluation that will
be conducted in every unit lesson or topic and a summative assessment at the end
of the course. This is to determine how far the students have learned from the
lesson and topics presented.
Students are expected to comply with the rules and regulations stipulated in
the student’s manual specifically on the provisions relative to disciplinary
requirements.

Grading System:

 Major Exam = 60%


 Quizzes = 20%
 Performance = 20%
_____
 TOTAL = 100%

It systematically discussed during orientation meeting the standard grading


system;

Apart from academic deficiency, other grounds for a failing grades are:

 Grave misconduct and / or cheating during examinations

 Failure to submit the module activities on time.

 Failure to submit all the necessary requirements given.

You may contact me in the following address, email and numbers:

Ivy B. Amano
UZ Main Campus, Don Toribio Street
Tetuan, Zamboanga City
Contact number: 09164002630
Email: ivy.amano@uz.edu.ph
MODULE 1

Topic Topic Title Time


Duration
Introduction to Special Criminal Investigation 1 hour
Lesson 1 Activity 1 hour
Procedure of Homicide Investigation 2 hours
Application and assessment 2 hours
Lesson 2 Essence of DNA Testing 1 hour
Proper procedure of collecting DNA specimen 2 hour

Forensic DNA Technology in the Philippines 1 hour


Application and assessment 2 hours

LESSON 1: PROCEDURE OF HOMICIDE INVESTIGATION

Learning Outcome:

 At the end of this lesson, the students must be able to:


 Comprehend the importance of knowing the definition of Special Crime
Investigation.
 Identify the different special crimes and their definitions.
 Discuss the importance and procedure of Homicide Investigation
 Explain the purpose of Homicidal Investigation.

Introduction

Special Crime Investigation is a special study of modern techniques in


the. Investigation of serious and specific crimes including murder, homicide, rape, abortion,
robbery, arson, kidnapping, blackmail, carnapping and criminal negligence. The emphasis
is on physical evidence rather than an extra judicial confession. Special crime investigation
focuses on specific crimes which by their nature are difficult and complex to investigate.
PRE TEST
ACTIVITY
What positive result may lead when following the procedures in crime scene
investigation? Write your answer in the box in not less than 100 words.
Crime Scene Investigation

Is an art which deals with the identity and location of the offender and provides
evidence of his guilt through criminal proceedings.

Primary Purpose of Criminal Investigation – The establishment of facts and the


removing of doubts has in fact been committed.

Objectives:

1. Prevention of crime
2. Apprehension of criminals
3. Recovery of stolen properties

Basic Elements:

1. Searching the crime scene


2. Collecting and preserving of evidence
3. Locating and interviewing witnesses

Phases/Stages:

1. Preliminary Investigation
2. In-depth Investigation
3. Concluding Investigation

A. The Investigator – One who conducts inquiry on a certain case or issue. In


Latin word Invetegatus / Investigare (in+vestigare- Trace/track)
B. The Job of the Investigator- to determine:
1. That a law was violated and a crime was committed
2. The specific offense or crime committed
3. The five (5) W’s and (1) H

Through:

1. Gathering and collecting evidence


2. Interviewing witnesses/victims, etc.
3. Searching the crime scene, etc.

Qualifications:

1. Alertness;
2. Integrity;
3. Logical mind;
4. Power of self-control;
5. Playing a part;
6. Sound common sense;
7. Good judgement;
8. Couple with perseverance, hard work; and
9. General knowledge of police science

Police Science- is a scientific study of the causes and effects of human actions and
relations.

HOW TO RESPOND TO A CRIME SCENE

COMMUNICATION AND NOTIFICATION


Bases of Action/Initiation of Report
a. Report of the victim/witness- personal, telephone or other means.
b. Self-initiation on the part of apprehending police officers.
c. Patrol observation

CRIME SCENE INVESTIGATION


It is the conduct of processes, more particularly the recognition, search,
collection, handling, preservation and documentation of physical evidence to include the
identification and interview of witnesses and the rest of suspect/s at the crime scene.

WHAT CONSTITUTES A CRIME SCENE?


a. The crime scene can be understood to include all areas in which the criminal, any
possible victim and any witnesses moved during the time was committed.
b. The boundaries must be established so that the entire crime scene can be
effectively preserved.
c. In some crimes, however, the crime scene may actually comprise several
different sites.
EXAMPLE: A young girl was abducted from her bedroom one evening. She was
then transported by a car to a small hut in an isolated place and sexually
assaulted.

Following the assault, the abductor shot her to death and carried the body into
the woods where he buried it in a shallow grace.

What are the locations in the given example that constitute the crime scene?
1. Bedroom
2. Car
3. Small hut
4. Area around the grave

Receipt of report of a crime incident - The desk officer shall;


 Record the date and time the report/complaint was made; the identity of the
person who made the report, place of the incident and a synopsis of the incident.
 Inform his superior officer or the duty officer regarding the report.
Composition of CSI Team
 Team Leader
 Evidence Collectors
 City or municipality/health officer
 Crime photographer
 Sketcher/measurer
 Evidence custodian/ security officer

Security and Protection of Crime Scene

First Responder
 Must be able to properly preserve the crime scene in order to get
maximum scientific information that will help in the successful prosecution
of the perpetrator of the crime.

Preparation

Basic Equipment
 Police Line
 Marker
 Camera with film
 Evidence collection kit
 Video camera and tape recorder
 Measuring device e.g., ruler and measuring tape
 Flood lights, hand gloves ,masks, eye goggles, hairnet
 Recording materials e.g., chalk bond paper, pencil, clipboard, pentel pens.

Evidence Containers
 Glass vials
 Absorbent cottons
 Cardboard boxes
 Paper bags, plastic bags
 String tags- large and small
 Plastic gallons, bottles (small and large)
 Evidence tape or marking/scotch tape

Approaching the Crime Scene


 Be alert for discarded evidence
 Make pertinent notes as to possible entry and exit points of the
perpetrator.
Receipt of briefing from the first responder

DESIGNATION OF A COMMAND POST

Command Post- an area which is ideally located adjacent to the crime scene where
the CSI evidence custodian stays and receives the pieces of evidence turned over to
him for safekeeping by the other evidence collectors.

Initiation of Preliminary Survey


 Makes a general assessment
 Takes a cautious walk-through takes down extensive notes to document
important factors
 Establishes the evidence must likely to encountered
 Defines the extend of the research area
 Determines the personnel and equipment needed, and make specific
assignments

Who conducts the preliminary survey?


The team leader conducts the preliminary survey. From his assessments, he
developed a general theory of the crime scene.
Removable inferences about what happened are produced from the crime scene
appearance and information from what happened. These theories will guide the crime
investigator to document specific conditions and recognize valuable physical evidence.

Documentation of the Crime Scene


The photographer begins taking photographs as soon as possible. The evidence
collectors do not touch or move any evidence once it is located until it has been
identified, photographed, sketched, measures and recorded.

CRIME SCENE PHOTOGRAPHY


 To create an accurate objective visual record of the crime scene before
any item is moved or removed as possible physical evidence.

Guidelines for taking photographs of a crime scene


 Photograph of a crime scene should be taken as soon as possible, before
note taking, sketching or a search for evidence begins.
 The pictures should illustrate the original , uncontaminated condition of
the crime scene
 Photographs should be taken of the crime scene only, without spectators
or police personnel.
 To adequately present the crime scene initially, the photographs must
from an organized sequences and show all relevant locations and objects.
 The crime scene photographs must progress from general to specific.
THREE MAJOR TYPES OF PICTORIAL VIEWS

1. Long range photograph of the over-all scene- Distance; from the doorway
to the room and other corners of the rooms
2. Mid-range photograph – Distance: 10 feet to 20 feet from the victim
3. Close-up photograph – Distance: less than 5 feet.

CRIME SCENE SKETCHES

 Sketches are useful in questioning of suspects and witnesses as well as in the


writing of investigative reports.
 A rough sketch is prepared indicating the actual measurement of things with
scale and proportion observed and oriented to the North Pole. All necessary
information is placed in the sketch.
 Sketches are excellent companions to photograph. Where photograph provide
exact details, sketches offer accurate information about the placement of
objects and they show relationship and distances between things.

TYPES OF SKETCHES

1. Floor pan
2. Exploded
3. Neighborhood or sketch of locality
4. Elevation
5. Sketch of the ground

Computer aided crime scene sketching


 Sophisticated software makes possible for investigators to generate professional
crime scene drawings as well as reconstructions of motor vehicles.
 Drawing can be easily manipulated and updated and used in other programs to
produce a finished report.
 Some program can rescale drawing to enlarged them for courtroom
presentations.

Types of Measurements
1. Straight Line Method
2. Triangulation Method
3. Rectangular Coordinate Method
4. Grid method
5. Baseline method
6. Compass method

NOTE TAKING must be constant activity throughout the processing of the crime scene.

Notes must include:


 Detailed written description of the crime scene with locations of physical
evidence received.
 The time when the physical evidence was discovered
 The person who discovered and collected the physical evidence
 Hoe the evidence was packaged and marked
 The disposition of the item when it was collected

DOCUMENTATION
The documentations are made by the crime scene investigator for purpose of
future crime scene and reconstruction which will help the prosecutor and the judge
understand conditions at the crime scene.

Narrative Report
Represent report in a general to specific scheme, consider structure, factors such
as: lights on/off, newspaper on driveway/in house, drapes pulled, open or shut. The
written record, could serve as the only source of information for refreshing one’s
memory, or years after a crime has been processed.

Preparation of Narrative Report – the team leader uses the systematic approach in
making a narrative report.
1. Represent crime scene in a general to specific scheme.
2. Includes structural factors such as:
 Lights on/off
 Newspaper on driveway/ in home
 Draped pulled open or shut
Crime Scene search
The search for physical evidence is done using the accepted methods of search
depending upon the actual location to be searched.
A crime search could only be started after it has been photograph and sketched.

Objectives of a crime scene search


 To systematically look for physical evidence that may prove useful in establishing
a crime has been committed.
 To determine what method of operation the perpetrator may have used.

Different Search Method


1. Strip method
2. Double strip or grid method
3. Spiral method
4. Wheel or pie method
5. Zone method
6. Point to point search

Collection of physical evidence


The competence to recognize and properly collect physical evidence is critical to
both solving and prosecuting crimes.
The TEAM LEADER is always informed or significant evidence located. The
evidence collector shall put his initials, location and date of collection on the item and
turn it over to the evidence custodian for documentation and safekeeping.

Conduct of final survey


The Team leader makes a final review of the crime scene to determine whether
or not the processing has been completed

Release of the crime scene


The release of the crime scene is done if the investigator is must evaluate the
items recovered from the result of the interrogation of the suspects/and the interview
of the witnesses. He must beat in mind that upon the formal release of the crime scene
to the properly authority, a warrant is already required for his re-entry to the crime
scheme.

Homicide Investigation

A. Parricide, Murder and Homicide (Revised Penal Code)


1. Art. 246. Parricide – any person who shall kill his father, mother, or child,
whether legitimate or illegitimate, or any of his ascendants, or descendants,
or his spouse, shall be guilty of parricide and shall be punished by the penalty
of Reclusion Perpetua to death.
2. Art. 247. Death or physical injuries inflicted under exceptional
circumstances.- any legally married person who having surprised his spouse
in the act of committing sexual intercourse with another person, shall kill any
of them or both of them in the act or immediately thereafter, or shall inflict
upon them any serious physical injury, shall suffer the penalty of desteirro.
a. If he shall inflict upon them physical injuries of any other kind, he shall be
exempt from the punishment.
b. These rules shall be applicable, under the same circumstances, to parents
with respect to their daughters under eighteen years of age, and their
seducer, while the daughters are living with their parents.
c. Any person who shall promote or facilitate the prostitution of his wife, or
daughter, or shall otherwise have consented to the infidelity of the other
spouse shall not entitled to the benefits of this article.
3. Art. 248. Murder. – Any person who, not falling within the provisions of art
246 shall kill another, shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, of committed with any of
the following attendant circumstances.
a. With Treachery, taking advantage of superior strength, with the aid of
armed men, or employing means to weaken the defense or of means or
persons to insure or afford impunity.
b. In consideration of price, reward or promise.
c. By means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a street car or locomotive, fall of an
airship, by means of motor vehicles, or with the use of any other means
involving great waste and ruin.
d. On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity.
e. With evident premeditation
f. With cruelty, by deliberately and inhumanly augmenting the suffering of a
victim, or outraging or scoffing at his person or corpse.
4. Art. 249. Homicide. – any person who, not falling within the provisions of art
246, shall kill another without the attendance of any of the circumstances
enumerated in the next preceding article, shall be deemed guilty of homicide
and be punished by reclusion temporal.

B. AUTHORITY TO CONDUCT HOMICIDE INVESTIGATION – Authority to


conduct investigation may be from the following:
1. Inherent function of the office
2. Request of the complaining part
3. Order/directives from superiors
4. Order of a competent authority

C. IMPORTANCE OF DEATH DETERMINATION


1. The civil personality of a natural person is extinguished (art 42, civil code)

2. The property of a person is transmitted to his heirs at the time of death


(Art 774, civil code);
3. The death of a partner is one of the causes of dissolution of partnership
agreement (art 1830, civil code);
4. The death of either the principal or agent is a mode of extinguished of
agency (art 1919, civil code);
5. The criminal liability of a person is extinguished by death (art 89, RPC);
and
6. The civil case for claims which does not survive is dismissed upon death
of the defendant.
D. BASIC HOMICIDE INVESTIGATION EQUIPMENT
Searching Tools

1. Flashlights
2. Magnifier, etc.

Sketching Instruments

1. Measuring devices – compass, steel tape, ruler, etc.


2. Recording tools – chalk, graphing paper, sketching pad, clip board,
camera, audio/video recorder, etc.

Tools for preservation of evidence

1. Container – bottles, envelopes, test tubes, etc.


2. Label and seal – envelope tags, gummed labels, sealing wax. Etc.

E. PURPOSE OF HOMICIDE INVESTIGATION


To determine:
1. Whether the killing is suicide, murder or homicide
a. If suicide – what motivates the deceased
b. In case of murder – the motive, the suspect, the weapons, indication
of qualifying circumstances of murder (RPC, book two, art 248)
2. The five (5) “W’s” and One (1) “H” – consider the ff:
a. Places of importance
b. Times of importance
c. Persons of importance
d. Things of importance

F. IDEAL COMPOSITION OF A HOMICIDE INVESTIGATION TEAM


1. Officer-in-charge
2. Assistant
3. Photographer
4. Sketcher
5. Master note-taker
6. Evidence man
7. Measurer
G. TEAM WORK – each member of the homicide team must perform his/her
assigned duty efficiently for the eventual attainment of their objective. Each
should bear in mind that every member is a part of a team and the failure of
one to perform effectively his/her assigned duty may jeopardize the whole
investigation.

H. RESPONSIBILITIES OF A HOMICIDE INVESTIGATOR – to determine


whether the case is one of homicide or suicide so as to control the extent of
the investigation to be conducted.
 The duty of the police officer – find traces of murder
 The medico-legal-officer – gets and exterior description of the body
and perform an autopsy
I. HOMICIDE (Generic) INVESTIGATION (PNP Criminal Investigation
Manual, 2011)

Upon Receipt of call/walk-in complaint: the duty desk officer shall:


1. Record the time it was reported
2. Get the identity of the caller/complainant;
3. Get the place of the incident;
4. Get the nature of the incident;
5. Get the number of victims
6. Record briefly the synopsis of the incident;
7. Record the nearest mobile car/beat patrollers or the nearest police
precinct to act as the first responder equipped with the camera and
“police line” to secure the place of incident; and
8. Inform the duty investigator (preferably one team of investigator).

Guidelines in Homicide Investigation

1. Record the time the call was received as well as the time of arrival at the
scene.
2. Preserve the crime scene.
3. Do not remove anything until its location and position have been noted and
photographed. The position of evidence should be measured and/or
photographed in reference to permanent fixtures in the crime scene.
4. Pay attention to the wound inflicted in which may have caused the death of
the victim and how it was committed.
5. Designate one person to pick up all physical evidence. No one should touch
or move anything unless and until the fingerprint technician has finished hid
tasks.
6. A systematic, detailed search of the crime scene should be conducted.
7. Colored as well as black-and-white photographs should be taken.
8. Look for physical evidence that will tend to prove the elements of the crime
under investigation.
9. Take note of unusual odors, symbols, fetishes, rituals.
10. When the body is finally moved, attention should be given to the area
beneath the body.
11. While moving the body, use a rubber sheet to prevent contaminating
the crime scene with spilled blood.
12. Conduct a careful inspection of a dead person holding a gun. (The
hand of a dead person usually has no gripping power. Therefore, if the gun
was placed in an unnatural position (cadaver spasm), it may have been
placed in the hand after the death of the person).
13. Note the condition and types of food at the crime scene as the
pathologist may be able to use this information in determining whether the
victim’s last meal was eaten at the crime scene.
14. The course and direction of each bullet should be determined. This
applies to the trajectory of the bullet through the body as well as the
trajectory of the bullet through a solid object at the crime scene.
15. If all slugs were not removed at the crime scene, have the body x-
rayed. This is excellent for determining the distance of fire from the patterns
and shows the trajectory of the bullet through the body.
16. Take photographs of all bystanders. These may be helpful to identify
possible witnesses or subject (who sometimes does return to the crime
scene).
17. Try to:
a. Determine if any of the victim’s valuables are missing.
b. Record the color of blood stains (bright red, reddish brown, brown, black
or almost black).
c. Determine what portion of the stain is wet (just the center, completely
wet, completely dry, dry around the edges)for an estimate of time of
death.
d. If the blood is wet, see if a paper clip will separate the stain as it goes
through or if the blood will flow together again.
e. Note the size, dimension and location of blood drops.
f. Determine the direction and distance of blood drops.
g. Enter in your notebook details of the test to determine whether the victim
is still alive. Record if the body is cool to touch, warm, etc.
h. Record the weather, as well as weather changes (sunny to cloudy or vice-
versa).
i. Talk to everyone with whom the suspect has spoken.
j. Look for weapons which could have inflicted the wounds.
k. Obtain soil samples (double handfuls) at ten-foot intervals in circles
around the body and the scene.
l. Take samples of other items for exclusionary purposes.
m. Obtain botanical samples when necessary.
n. Take temperature reading at the scene. If the body is submerged in a
bathtub, record the temperature of the water at the time of your arrival.
18. If it is necessary to cut the victim’s clothing, avoid using bullet or
knife holes. Where possible, cut the clothing along seams so that the clothing
can be restored to approximately its original condition.
19. The spatter pattern of blood spots should be noted as it is:
a. An aid in determining if the object or persons was in motion when the
blood spattered.
b. Possible for an expert to tell you how the crime was committed as
indicated by the blood spots.
c. Possible to trace every spot to its origin by observing its characteristics.
d. Indicative of whether it was a result of a weapon striking a victim, or it
was thrown there from a weapon, or it was created by some other
weapon.
20. BE CAUTIOUS. Remember that fingerprints may be present on light
switches, light bulb, telephone, doorknobs, etc.
21. When fingerprints are on an object which has a dark color, consider
using fluorescent powder as the standard fingerprints powder are not as
effective in developing latent prints on such objects. Aerial photographs of
the crime scene and escape route should be taken, when possible and
practicable.

Things to remember in the conduct of Homicide Investigation

Places of importance

1. The crime scene. Make a methodical and thorough search.


2. Avenue of approach. How did the killer(s) arrive?
3. Avenue of escape. Investigate and search along the route.
4. Places where victim was seen immediately prior to his death. Who was
with him/her? What was he doing? Was this customary? Get the time.
5. Places where the suspect claims he was; places where he was seen
before, during and after the crime was committed for the purpose of
checking his alibi.
6. Places where evidence can be found. Weapons or poising, etc. – where
can they be obtained? Where can they be hidden?
7. Places where the suspect and the victim were frequently seen before the
commission of the crime.
8. Place/s of suspect/s lairs.

Time of Importance

1. Time crime was reported


2. Time of arrival of police at the scene
3. Time victim was last known to be alive
4. Time relative to victim’s movement preceding death time relating to
suspect’s movements.
5. Time the crime scene was turned over to the first responder to
6. Time the investigator arrived at the crime scene.
7. Time started/terminated processing of the crime scene by the investigator
and the SOCO.
8. Time the recovered evidence was turned to evidence custodian.
9. Time the investigator was dispatched
10. Time of the arrival of SOCO team at the crime scene.

Persons of Importance

1. Victim – victim’s personal background/history and his/her relationship with


other people.
2. Witnesses – get their statement without delay.
3. Suspects – isolate them if there is absolute evidence against them.
4. Person who reported the crime – remember that he probably has the key
information. Check out his statement.
5. Person who stand to gain by the death. This is a sensitive matter. Be
circumspect in your approach.
6. Relatives and other sources of information.

Things of Importance

1. Body of the deceased.


2. Properties or belongings of the deceased. Here, we may found motive
3. Weapons – what in particular? Locate, list and record them as evidence.
4. Means of transportation
5. Sounds, shots, screams, arguments, or falling objects.
6. Odors – gunpowder, distinctive smell of poison, etc.
7. Items of evidence should be legally obtained and carefully

Handling the suspect

1. Obtain the following evidence from the suspect:


a. The suspect’s clothing should be photographed, marked, and sent to the
crime laboratory for examination.
b. Any scratches on the suspect should be photographed.
c. Fingernails scrapings should be obtained
d. Take blood samples from the suspect in a medially approved manner and
with proper legal justification.
e. Take hair samples.
f. Have the fingerprint technician check the paper money which may have
been taken from the victim’s house for the victim’s fingerprints.
g. Check the suspect’s personal effects very closely for items of evidentiary
value.
h. Obtain teeth mark impressions when appropriate
i. Semen samples in rape or rape with homicide cases should be obtained
medically.
j. Consider polygraph examinations.
2. Never take a suspect or a subject to the crime scene in the clothing he was
wearing at the time he was arrested. (this includes shoes). The accused
lawyer may later claim that the clothing was contaminated at the scene of
the crime.
3. Attempt to ascertain the following:
a. The suspect’s mode of living as compared to the amount of his income
b. The suspect’s mode of living before the crime as compared to his mode of
living after the crime.(compare his financial condition before the crime
with his financial condition after the crime).
c. Compare his behavior before the crime with his behavior after the crime.
d. Make a methodical and complete check of the suspect’s alibi.

Body and Post-mortem


1. Designate a member of the investigating team to secure the cadaver from
the scene up to the place where the autopsy will be conducted.
2. An investigating officer should remain at the autopsy area to prevent the
embalming of the cadaver and to prevent anyone from touching or removing
any of the clothing from the said cadaver until the medico-legal-officer
arrives.
3. Obtain a copy of the autopsy report.
4. Make a detailed report to the chief of office regarding the findings of the
medico-legal-officer.

Follow- up Investigation

1. Look for possible witness/es, who may be close friends or relatives of the
victim, past pictures of the victim with anyone, or even relatives that can
possibly help in the solution of the case.
2. Methodically interview residents in the area and record the interviews by
using a tape recorder or taking notes.
3. Re-enact the crime to possible establish what transpired at the crime scene.
4. Return to the crime scene during the time of day of the crime was
committed. (As we all are creatures of habit, possible witnesses and suspects
can be located through this techniques).
5. Conduct case conference for regular updates.
6. Check the victim’s and the suspect’s toll calls.(records of toll calls are usually
retained for approximately three months by the telephone companies).
7. Present photographs and crime reports to several psychiatrists to ascertain
what type of person would commit such a crime including the motives.
8. If there is/are already witnesses, keep them separated so that they will give
what they personally observed and not just corroborate what others are
saying.

Court Preparation

1. Have a diagram of the crime scene and the location of all evidence.
2. Make a list of the evidence on hand and what you hope to prove with it.
3. Be prepared to show the following:
a. Relationship existed between the victim and the suspect
b. Indications that the suspect threatened to harm the victim.
c. Possible witnesses to the threats.
d. A photograph of the crime scene. Before and after processing, can be
very helpful.
e. Review everything, including testimony, with the prosecutor before trial.
f. Review with witnesses their testimony to refresh their memory.

AUTOPSY

It is a comprehensive study of a dead body, performed by a trained physician


employing recognized dissection procedure and techniques. It includes removal of
tissues for further examination.

Kinds of Autopsies

1. Hospital – or Non-official – determining the extent of disease.


2. Medico-legal or official

THE MEDICO-LEGAL AUTOPSY – The law usually gives consent to the conduct of
official autopsy for the purpose of:

1. Determining the cause, manner (mode) and the time of death;


2. Recovering, identifying and preserving evidentiary material;
3. Providing interpretation and correlation of facts and circumstances related to
death;
4. Providing a factual objective medical report for law enforcement, prosecution,
and defense attorneys /agencies; and
5. Separating death due to disease from death due to external cause for
protection of the innocent.

SUMMARY

In conducting investigation there is the procedure or  steps for crime scene


processing it involves photographing or videotaping the overall scene; conducting a
thorough crime scene search; producing a rough sketch; processing the scene for
latent fingerprints; identifying, documenting, and collecting trace evidence; and
controlling evidence.
QUIZ
Content Understanding Critical Thinking Grammar and
Mechanics - 25%
25% 25% 25%
Discourses each Deep Demonstrate Words and
question and all its understanding of original thinking grammar are
parts thoroughly course theories spelled correctly
and ideas
Incorporates Analysis of case Originality of Spelling and
relevant course situations. answers grammars are
frequent
Use specific Very informative Clear ideas and Spelling and
information from and well organized organized grammars are
casein response piece frequent
Total: 100%

1. Explain the purpose of Homicide Investigation.


2. Choose two (2) Guidelines in Homicide Investigation ; Discuss and
elaborate.

3. Discuss the Responsibilities of a Homicide Investigator.

Lesson 2: Essence of DNA Testing

Learning Outcome:

At the end of this lesson, the students must be able to:

 Comprehend the importance of DNA testing in solving homicide cases


 Discuss the Proper procedure of evidence for DNA analysis
 Discuss the importance of Forensic DNA testing here in the Philippines.
Introduction

DNA (deoxyribonucleic acid) is generally used to solve crimes in one of


two ways. In cases where a suspect is identified, a sample of that
person's DNA can be compared to evidence from the crime scene. The results of
this comparison may help establish whether the suspect committed the crime.

The Objectives With the widespread use of DNA testing, police, death
investigators, and attorneys need to be aware of the capabilities of this technology.
This review provides an overview of scenarios where DNA evidence has played a
major role in homicide investigations in order to highlight important educational
issues for police, death investigators, forensic pathologists, and attorneys. Methods
This was a nonrandom, observational, retrospective study. Data were obtained from
the collective files of the authors from casework during a 15-year period, from 2000
through 2014. Results A series of nine scenarios, encompassing 11 deaths, is
presented from the standpoint of the police and death investigation, the forensic
pathology autopsy performance, the subsequent DNA testing of evidence, and,
ultimately, the final adjudication of cases. Details of each case are presented, along
with a discussion that focuses on important aspects of sample collection for
potential DNA testing, especially at the crime scene and the autopsy.

Activity
Direction: Write your answer in the box in not less than 100 words.
1. In your own opinion. Explain the Advantages and disadvantages of DNA
Testing in Solving Cases

PROPER HANDLING, COLLECTION AND PRESERVATION OF BIOLOGICAL


EVIDENCE FOR DNA ANALYSIS

DNA (deoxyribonucleic acid) examination of recovered pieces of evidence


will surely lead to the conviction of the perpetrator of a crime of violence if the
following critical points are strictly observed;

1. Documentation of physical evidence at the crime scene – if the recovered


pieces of physical evidence are not properly documented, its origin can be
questioned. No physical evidence should be moved until its original
condition and position have been recorded by notes, photography,
videotape and sketching.
2. Proper collection of evidence for examination – evidence that could be
subjected to DNA analysis is generally limited to substances that are
biological in nature. It should be remembered that not all biological
materials submitted to the forensic DNA laboratory will provide sufficient
DNA analysis. Likewise, the biological activity of the evidence will be lost if
not properly collected.
3. Preservation – biological specimens which are not properly preserved will
decompose and deteriorate. These will seriously affect the outcome of the
DNA typing.
4. Marking of evidence – for purpose of identification
5. Individual packaging and sealing- improper packaging will possible cause
cross examination. Substitution or switching of “evidence is also possible”.
6. Proper chain of custody – the different persons responsible for the
custody of the evidence from the time of collection up to the time the
evidence reaches the court of critical in a successful prosecution of a
criminal case.

The capability of the Forensic DNA laboratory to provide maximum scientific


information will highly depend on the condition of the biological evidence submitted
for analysis.

Forensic DNA technology in the Philippines Empirical examination of archived


trial court records in the Supreme Court of affirmed Death Row inmates revealed
the unavailability of physical evidence in many cases. For example, of the 58 Death
Row cases (52 involving rape, two for robbery homicide, two kidnap for ransom,
one for drug possession and one for multiple murder) reviewed by the UP DNA
Analysis Laboratory in the first quarter of 2002, samples for only two cases are still
available for DNA testing. Apparently many victims especially minors, do not
immediately report the rape out of fear and shame. This was further compounded
by the absence of guidelines for the proper collection and storage of collected
evidence in local health and police units. Attempts to locate samples were
unsuccessful because many samples were not stored or could not be located.

Theoretically, the chance of isolating biological material is much higher in


sexual assault cases compared to other crimes due to the direct physical contact;
hence transfer of biological material, between assailant and victim. In fact, the best
biological samples that may be used as DNA evidence are those obtained from the
victim and her clothing worn at the time of the assault. Sperm DNA is generally
stable up to 72 hours in the female reproductive organs, provided that the victim
does not bathe or wash during this time period. In the US, DNA testing is mostly
used in rape and homicide prosecutions 25. The unrealized potential of using
forensic DNA technology in accelerating criminal investigations in the Philippines is
great.
SUMMARY

The presentation highlights the diversity of case and evidence types in which
DNA testing played a valuable role in the successful prosecution of the case.
Conclusions By highlighting homicides where DNA testing contributed to the
successful adjudication of cases, police, death investigators, forensic pathologists,
and attorneys will be better informed regarding the types of evidence and situations
where such testing is of potential value.

QUIZ
Content Understanding Critical Thinking Grammar and
Mechanics - 25%
25% 25% 25%
Discourses each Deep Demonstrate Words and
question and all its understanding of original thinking grammar are
parts thoroughly course theories spelled correctly
and ideas
Incorporates Analysis of case Originality of Spelling and
relevant course situations. answers grammars are
frequent
Use specific Very informative Clear ideas and Spelling and
information from and well organized organized grammars are
casein response piece frequent
1.Cite atleast two (2) case that actually occur, wherein the DNA testing is used
as evidence to the conviction of the perpetrator and give your reaction on the
case.

Course references:

 DARLITO BERNARD G. DELIZO (2015): CRIME DETECTION AND


INVESTIGATION 2ND Edition, Philippines, Crim zone Enterprises
 https://philjournalsci.dost.gov.ph/images/pdf/pjs_pdf/vol132no1/pdf/
forensic_DNA_analysis.pdf

MODULE 2
Topic Topic Title Time
Duration
Lesson 3 Introduction to Rape and Sexual offenses 1 hour
Activity 1 hour
Rape and Sexual Offenses 2 hours
Application and assessment 2 hours
Lesson 4 Robbery cases 2 hours
Investigation of Robberies 3 hours
Application and assessment 2 hours

LESSON 3: Rape and Sexual Offenses

Learning Objectives:

At the end of this lesson the students should be able to:


 Comprehend the definition of Rape and Sexual Offenses
 Elaborate the different sexual offenses
 Explain the procedure of rape and sexual offenses.
 Identify the laws on rape and sexual offenses in the Philippines.

Introduction

Rape in the Philippines is considered a criminal offense. In Philippine


jurisprudence, it is a heinous crime punishable by life imprisonment when
committed against women. Rape of males is also legally recognized as rape by
sexual assault, which is penalized by imprisonment of six to twelve years.

Outside of law, the term rape (sexual intercourse or other forms of sexual


penetration carried out against a person without that person's consent) is often
used interchangeably with sexual assault. Although closely related, the two terms
are technically distinct in most jurisdictions. Sexual assault typically includes rape
and other forms of non-consensual sexual activity. The legal and social definition of
what constitutes sexual harassment differs widely by culture. Sexual harassment
includes a wide range of behaviours from seemingly mild transgressions to serious
forms of abuse. Some forms of sexual harassment overlap with sexual assault.

Activity
Direction: Write your answer in the box in not less than 100 words.

1. In your own opinion Discuss elaborately this “Rape is the only


crime which the victim becomes the accused”.
SEXUAL OFFENSES (Based from the
PNP field manual on investigation of
crimes of violence and other crimes)

In the case of sexual offenses


the most important trace evidence is
often to be found on the persons
involved. It is therefore important to
treat these persons in the same way
as crime scene as regards the
collection and preservation of
evidence. This is extremely important
to avoid contamination.

Checklist
a. Find out as much as possible about the crime before going to the
scene and upon arrival from the first responder and any other police
officers who are there.
b. Overview. Take your bearings at the crime scene so that you get a
rough picture of the area and what has happened.
c. If the victim is a woman or child, immediately refer the matter to the
WCPD (Women and children protection desk) of your unit for
assistance in the handling of the victim and to ensure that proper
procedures are observed. Start keeping an action log.
d. Cordon off the area or extend the existing cordon is necessary.
e. Take a general photograph of the crime scene. Film the scene with a
video camera.
f. Pause for thought and start planning. This is where the crime scene
analysis starts.
g. Note down your observation continuously. It is a good idea to use a
tape recorder.
h. Decide whether you need help from an expert such as forensic
pathologist, biologist, etc.
i. Take photographs continuously. Photograph all the evidence before it
is collected. If possible, engage a photographer for specialized trace
evidence photography.
j. Search for and collect evidence, objects and reference samples etc.
that are relevant to the crime investigation. Pay attention to the risk of
contamination.
k. Write a continuous seizure report.
l. Check the crime scene before the cordon is lifted. Make sure that you
have not forgotten anything important, such as interrogation reports.
A suspect may enter the crime scene area after the cordon has been
lifted, and this must not be allowed to destroy the value of the
evidence collected.

Avoid Contaminations

Crime-scene investigations related to sexual offenses may call for a great


deal of work and many types of evidence may occur. Be very careful to avoid the
risk of cross-contamination. Make sure that different people collect and preserve
evidence and materials in different places. Package materials well and make sure
that materials from different scenes are kept separate, or stored in different rooms
and handled by different people.

Photographic Documentation
Photographic documentation is an important part of the investigation, as in
all crime-scene investigations. Use plenty of film. Combine still photography and
video filming.

Persons Involved

Make sure that both the victim(s) and suspect(s) are taken to a doctor as
soon as possible, inter alia to secure forensic evidence. Give the doctor a rape kit.
Which contains an action logbook and equipment for preservation of evidence?
After the examination, help the doctor to take charge of the person’s clothes and
preserve the evidence generated by the examination. Also help the doctor by
providing information that will make it easier to evaluate what evidence should be
preserved. Make sure that injuries are documented and contamination avoided.

Collection of Evidence – look for the following types of evidence and


materials in connection with sexual offenses.

a. Blood, saliva, semen


b. Fibers
c. Fingerprints
d. Hair
e. Footwear prints and tire marks
f. Articles of clothing
g. Drugs

Rape is usually thought of as a


male-on-female crime, and this column
will lean that way as well. However,
the number of reported rapes among
persons of the same sex is steadily
rising. Social stigma remains a strong
force in the underreporting
of all forcible rapes, and studies
indicate the crime is substantially
underreported when it involves persons
of the same gender.
Many states now use the term “sexual assault” rather than rape in order to
differentiate between a variety of legal variables regarding severity of punishment
and the significance of the physical and psychological threat to the victim and/or
the public. These factors may include the age of the victim, the perpetrator’s age,
mental capacity, the ability under law to give consent, the use or threat of a
weapon, physical injury to the victim, spousal or another legal relationship and so
on. In addition, many jurisdictions divide sexual assault into a series of graded
offenses depending on the perceived legal seriousness of the crime and aggravating
conditions, and they may range from sexual assault, first degree, through sexual
assault in the fourth degree.

Due to the significant physical and psychological impact to the victim and
prevailing social attitudes toward rape crimes, establishing a criminal act has in fact
occurred (“corpus delicti” is more complex than in other cases. Investigators must
establish that the required elements of a rape crime can be proven under the court
standard of not just probable cause, but beyond a reasonable doubt. The entire
case may hinge on whether consent was present or forensic evidence links a
suspect to the crime.

From a law enforcement perspective, we want to quickly arrest the perpetrator


using investigative techniques that ensure a conviction and a process that causes
the least amount of psychological trauma to the victim. More likely than not, this
will begin with a call from the victim to police headquarters. How civilian-police
dispatch or other communications personnel handle this initial contact proves
critical. Depending on the variables presented in the initial contact, police
administrators should ensure personnel do the following:

1. Ask the victim whether she has sustained serious physical injury and needs
immediate medical assistance. If so, dispatch an ambulance;
2. Ask the victim if she can identify or describe the suspect. Follow protocol
relative to providing this information to patrol units;
3. Immediately dispatch a patrol unit to the scene;
4. Tell the victim to wait for the police to arrive if she is in a safe location;
5. Instruct the victim not to alter her physical appearance or touch anything on
scene; and
6. Advise the victim not to was or douche before she undergoes a medical
examination.
The natural instinct of rape victims is to wash, douche, change clothing and use
other self-help mechanisms. First-contact personnel should do everything possible
to ensure the victim does not doe this. In addition to the location where the rape
actually took place (or in the case of an abduction, the point of contact and
release), the victim is the crime scene. Although most forcible rape cases are
legitimate and investigators should proceed under that assumption, investigators do
have a responsibility to those falsely accused.

GOALS FOR SEARCHING THE CRIME SCENE

The crime scene encompasses all areas in which people connected with a crime
were located shortly before and after the crime. Both the perpetrator and victim
moved through physical locations in order for crime to be committed, while the
crime was committed and after the crime was committed. In searching a crime
scene, we operate under the premise that whenever human beings interact with
any inanimate or animate object, something is either taken away or left behind.
The objectives of the search of a crime scene in a forcible rape case are the same
as in any other major case:

1. Reconstruct what happened and establish that a crime occurred;


2. Identify, document and collect evidence of what occurred;
3. Link the victim and the suspect to the scene of the crime;
4. Identify and locate any witnesses; and
5. Identify and apprehend the person(s) who committed the crime.

The Anti-Rape Law of 1997 (which amended the previous definition of rape as
defined in the Revised Penal Code of 1930) defines the crime of rape as follows:
Article 266-A. Rape: When And How
Committed. – Rape is committed:
1) By a man who shall have
carnal knowledge of a woman
under any of the following
circumstances:

a) Through force, threat, or


intimidation;
b) When the offended party is
deprived of reason or otherwise
unconscious;
c) By means of fraudulent
machination or grave abuse of
authority; and
d) When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned above be
present.

2) By any person who, under any of the circumstances mentioned in


paragraph 1 hereof, shall commit an act of sexual assault by inserting his
penis into another person’s mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another person.

Changes in 1997 expanded the definition of rape and reclassified that


crime as a Crime against persons instead of, as previously, grouping it
with Crimes against Chastity.   Prior to the 1997 amendment of Revised
Penal Code of 1930, male victims of rape were not acknowledged under
Philippine law. Article 266-A of the law defines rape by "an act of sexual
assault" by any person either by "inserting his penis into another person's
mouth or anal orifice" or inserting "any instrument or object, into the genital
or anal orifice of another person". The 1997 amendment allowed the legal
recognition of rape of males, both by other males and by females. However
rape against males are only considered by law as rape by sexual assault,
which carries a lesser penalty of six to 12 years as opposed to the same act
against females which are penalized by life imprisonment.

The María Clara doctrine is a relevant legal doctrine that observed by


Philippine courts on abuse on women, including rape. It states that women,
especially Filipino women, "would not admit that they have been abused
unless that abuse had actually happened." and that a women's natural
instinct is to protect their honour. Though in 2018, a ruling which convicted
two men for rape of a woman in Davao City was reversed by the Supreme
Court's Third Division due to inconsistencies with the woman's statement in
regards to her alleged rape and other evidences presented to the
court. However this did not mean the abandonment of the doctrine contrary
to speculations by critics of the ruling.
Republic Act 8353: The Anti-Rape Law of 1997

“AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE,


RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING
FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE, AND FOR THE PURPOSES”

Section 1. Short Title. – This Act shall be known as “The Anti-Rape Law of
1997.”
 
Sec. 2. Rape as a Crime Against Persons. – The crime of rape shall hereafter be
classified as a Crime Against Persons under Title Eight of Act No. 3815, as
amended, otherwise known as the Revised Penal Code. Accordingly, there shall be
incorporated into Title Eight of the same Code a new chapter to be known as
Chapter Three on Rape, to read as follows:

“Chapter Three”
“Rape”

“Article 266-A. Rape: When And How Committed. – Rape is committed:”

1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:

            a) Through force, threat, or intimidation;


            
            b) When the offended party is deprived of reason or otherwise
unconscious;
            
            c) By means of fraudulent machination or grave abuse of authority; and
            
            d) When the offended party is under twelve (12) years of  age or is
demented, even though none of the circumstances mentioned above be present.

2) By any person who, under any of the circumstances mentioned in paragraph 1


hereof, shall commit an act of  sexual assault by inserting his penis into another
person’s mouth or anal orifice, or any instrument or object, into the genital or anal
orifice of another person.
 
Article 266-B. Penalty. – Rape under paragraph 1 of the next preceding article
shall be punished by reclusion perpetua.
 
Whenever the rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be reclusion perpetua to death.
 
When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall become reclusion perpetua to death.
 
When the rape is attempted and a homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion perpetua to death.
 
When by reason or on the occasion ofthe rape, homicide is committed, the penalty
shall be death.
 
The death penalty shall also be imposed if the crime of rape is committed with any
of the following aggravating/qualifying circumstances:
 
l) When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the parent of the victim;
 
2) When the victim is under the custody of the police or military authorities or any
law enforcement or penal institution;
 
3) When the rape is committed in full view of the spouse, parent, any of the
children or other relatives within the third civil degree of consanguinity;
 
4) When the victim is a religious engaged in legitimate religious vocation or calling
and  is personally known to be such by the offender before or at the time of the
commission of the crime;
 
5) When the victim is a child below seven (7) years old;
 
6) When the offender knows that he is afflicted with the Human Immuno-Deficiency
Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is transmitted to the victim;
 
7) When committed by any member of the Armed Forces of the Philippines or para-
military units thereof or the Philippine National Police or any law enforcement
agency or penal institution, when the offender took advantage of his position to
facilitate the commission of the crime;
 
8) When by reason or on the occasion of the rape, the  victim has suffered
permanent physical mutilation or disability;
 
9) When the offender knew of the pregnancy of the offended party at the time of
the commission of the crime; and
 
10) When the offender knew of the mental disability, emotional disorder and/or
physical handicap of the offended party at the time of the commission of the crime.
 
Rape under paragraph 2 of the next preceding article shall be punished by prision
mayor.
 
Whenever the rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be prision mayor to reclusion temporal.
 
When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be reclusion temporal.
 
When the rape is attempted and a homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.
 
When by reason or on the occasion ofthe rape, homicide is committed, the penalty
shall be reclusion perpetua.
 
Reclusion temporal shall be imposed if the rape is committed with any of the ten
aggravating/ qualifying circumstances mentioned in this article.
 
Article 266-C. Effect of Pardon. – The subsequent valid marriage between the
offended party shall extinguish the criminal action or the penalty imposed.
 
In case it is the legal husband who is the offender, the subsequent forgiveness by
the wife as the offended party shall extinguish the criminal action or the penalty:
Provided, That the crime shall not be extinguished or the penalty shall not be
abated if the marriage is void ab initio.
 
Article 266-D. Presumptions. – Any physical overt act manifesting resistance
against the act of rape in any degree from the offended party, or where the
offended party is so situated as to render her/him incapable of giving valid consent,
may be accepted as evidence in the prosecution of the acts punished under Article
266-A.

Sec. 3. Separability Clause. – If any part, Sec., or provision of this Act is


declared invalid or unconstitutional, the other parts thereof not affected thereby
shall remain valid.

Sec. 4. Repealing Clause. – Article 336 of Act No. 3815, as amended, and all
laws, acts, presidential decrees, executive orders, administrative orders, rules and
regulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.

Sec. 5. Effectivity. – This Act shall take effect fifteen (15) days after completion of
its publication in two (2) newspapers of general circulation.

Summary

We can best fulfill this responsibility by conducting a thorough investigation.


Unlike many other crimes, convictions in rape cases may require corroborative
evidence in addition to the victim’s testimony in court. This makes the proper
gathering and documentation of physical evidence absolutely essential; and the
cooperation of the victim in giving testimony for the quick apprehension of the
perpetrator. The law provided the penalty on the commission of the crime and The
amendment also recognized the rape of males; both by other males and by
females, as well as that both the victim and rapist may either be male or female. 

QUIZ
Content Understanding Critical Thinking Grammar and
Mechanics - 25%
25% 25% 25%
Discourses each Deep Demonstrate Words and
question and all its understanding of original thinking grammar are
parts thoroughly course theories spelled correctly
and ideas
Incorporates Analysis of case Originality of Spelling and
relevant course situations. answers grammars are
frequent
Use specific Very informative Clear ideas and Spelling and
information from and well organized organized grammars are
casein response piece frequent
Total 100%

1. Discuss, What possible solution can we do to stop the Rape and sexual
offenses in our country?

2. Elaborately explain the difference of Rape and Sexual Assault.


Lesson 4: Robbery Case

Learning Objectives:

At the end of this lesson the students should be able to:

 Comprehend the definition of Robbery


 Identify and Elaborate were Robbery is differentiated to.
 Discuss and comprehend the procedure of Robbery Investigation
 Acquire knowledge and comprehend the elements of Robbery.

Introduction

Robbery is defined as the taking of another’s property by force or threat. It is


sometimes also referred to as larceny by threat or force. Because robbery involves
injury or the threat of injury, it is considered a more serious crime than many of the
other theft crimes.

.Robbery is differentiated from other forms of theft (such


as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature
(a violent crime); whereas many lesser forms of theft are punished
as misdemeanors, robbery is always a felony in jurisdictions that distinguish
between the two. Under English law, most forms of theft are triable either way,
whereas robbery is triable only on indictment. The word "rob" came
via French from Late Latin words (e.g., deraubare) of Germanic origin,
from Common Germanic raub "theft".

ACTIVITY
Direction: Write your answer in the box in not less than 100 words.
1. Discuss how can we prevent Robbery to occur what strategy can we have in
the prevention of the crime?

ROBBERY IN GENERAL

Art. 293 (RPC). Who are guilty of


Robbery? – any person who, with intent to
gain, shall take any personal property
belonging to another, by means of violence
or intimidation of any person, or using force
upon anything shall be guilty of robbery.

THEFT

Art. 308 (RPC). Who are liable for theft? – theft is committed by any person who,
with intent to gain but without violence against or intimidation of persons nor force,
shall take personal property of another without the latter’s consent.

Theft is likewise committed by:


1. Any person who having found or lost property, shall fail to deliver the same
to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another,
shall remove or make use of the fruits or object of the damage caused by
him; and
3. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner,
shall hunt or fish upon the same or shall gather cereals, or other forest or
farm products.

Art. 310. Qualified Theft- the crime of theft shall be punished by the penalties next
higher by two degrees than those respectively specified in the next preceding
article, if committed by a domestic servant, or with grave abuse of confidence, or if
the property stolen is motor vehicle, mail matter or large cattle or consists of
coconuts taken from the premises of the plantation or fish taken from a fishpond or
fishery or if property is taken on the occasion of fire, earthquake, typhoon, volcaniz
eruption, or any other calamity, vehicular accident or civil disturbance. (As
amended by RA 120 and BP Blg 71. May 1, 1980).

INVESTIGATION OF ROBBERIES (of banks and houses, etc.)(based from


the PNP field manual on investigation of crimes of violence and other
crimes)

Checklist
a. Find out as much as possible about the crime before going to the scene
and upon arrival.
b. Overview. Take your bearings at the crime scene so that you get a rough
picture of the area and what has happened
c. Start keeping an action log.
d. Cordon off the area or extend the existing cordon if necessary. The
perpetrator’s route to and from the scene may need to be cordoned off as
well.
e. Make sure that a list is made of the people who enter the crime scene.
f. Pause for thought and start planning. This is where the crime scene
analysis starts.
g. Note down your observations continuously. It is a good idea to use a tape
recorder.
h. Take a general photograph of the crime scene. Film the scene with a
video camera.
i. Search for and collect evidence, objects and reference samples etc.
outdoors.
j. Search for and collect evidence, objects and reference samples etc.
indoors.
k. Take photographs continuously. Photograph all evidence before it is
collected. If possible, engage a photographer for specialized trace
evidence photography.
l. If the robbery was video/filmed (CCTV), view the video to see where
evidence might be found.
m. Seize any video recordings and films in still cameras.
n. Draw a sketch. Mark the places where trace evidence and references
samples are collected.
o. Write a continuous seizure report.
p. Find out whether the proceeds of the robbery included bait money.
q. Check the crime scene before you leave it. Make sure that you have not
forgotten anything important, such as interrogation reports, memos,
equipment, etc.

Entry Route

After a robbery, it is important to investigate how the offender got in. it is


important to find the entry route, which is not necessary a door. Look at the
building from the outside and try to find traces of a break-in or other damage to
doors or windows. Check the function of the lock and check whether there are any
pick marks.
Collection of evidence – look for the following types of evidence in connection
with robberies;

a. Hair e.g. robber’s hood, near entry point


b. Video film, still film
c. Tool marks near point of entry, on cupboards that have been broken open
d. Footwear and glove prints, tire marks indoors and outdoors.
e. Blood and saliva e.g. bloodstains, saliva in robber’s hood, cigarette-ends
f. Weapons, bullets and cases
g. Fingerprints near point of entry etc.
h. Glass and paint windows, safes, near point of entry
i. Fibers
j. Explosives in connection with safe-breaking
k. Fibers e.g. near the point of entry
l. Material fits
m. Clothes

Elements of Robbery
The crime of robbery involves (1) the taking of the property of another (2)
from his or her person or in their presence (3) by violence, intimidation or threat
(4) with the intent to deprive them of it permanently. Robbery is thus distinct from
the crime of larceny in two important ways. First, the theft occurs through the use
of force and intimidation. A perpetrator is not required to use significant force, or
extreme threats, in order to commit a robbery. All that is required is the amount of
violence or fear necessary to cause the victim to give up his or her possessions.
This may vary based on the value of the possession and the victim. For instance,
less violence may be required to rob an elderly woman of her possessions than
would be required to intimidate a strong young man. It is also important to note
that the violence must occur as part of the theft in order for the crime to rise to the
level of robbery. If an individual uses violence after the theft while trying to escape
police, for instance, this will not make the crime a robbery.

Summary

Robbery is the crime of taking or attempting to take anything of value by


force, threat of force, or by putting the victim in fear. According to common law,
robbery is defined as taking the property of another, with the intent to permanently
deprive the person of that property, by means of force or fear; that is, it is
a larceny or theft accomplished by an assault. There are two factors that separate
robbery from theft. With a robbery, the victim of the crime is present at the time,
and there is some kind of force or threat involved. If you are charged with robbery,
you are being accused of taking something directly from a person by either forcing
them to give it to you or threatening them with violence. This type of robbery may
include physical assault but does include the use of any kind of weapon. 

QUIZ
Content Understanding Critical Thinking Grammar and
Mechanics - 25%
25% 25% 25%
Discourses each Deep Demonstrate Words and
question and all its understanding of original thinking grammar are
parts thoroughly course theories spelled correctly
and ideas
Incorporates Analysis of case Originality of Spelling and
relevant course situations. answers grammars are
frequent
Use specific Very informative Clear ideas and Spelling and
information from and well organized organized grammars are
casein response piece frequent

1.Enumerate and explain the Elements of Robbery.

2. Choose two (2) Procedure in conducting investigation of Robbery and


Elaborately explain.
3. Enumerate and Discuss possible strategy to avoid the commission of
Robbery.

Course references:

 DARLITO BERNARD G. DELIZO (2015): CRIME DETECTION AND


ND
INVESTIGATION 2 Edition, Philippines, Crim zone Enterprises
 https://www.justia.com/criminal/offenses/theft-crimes/robbery/
 https://pcw.gov.ph/republic-act-8353-the-anti-rape-law-of-1997/
 https://www.matinlaw.com/exploring-different-types-of-robbery-charges/

MODULE 3
Topic Topic Title Time
Duration
Lesson 5 Introduction to computer crimes 1 hour
Activity 1 hour
computer crimes investigation 2 hours
Application and assessment 2 hours
Lesson 6 Purpose and Scope 2 hours
Investigation of Bomb Scene 3 hours
Application and assessment 2 hours

LESSON 5: Computer Crimes Investigation

Learning Objectives:

At the end of this lesson the students should be able to:

 Comprehend the definition of computer crimes.


 Identify and comprehend the different computer crimes
 Explain the Classification and characteristics of computer crimes
 Cite the laws on computer crimes in the Philippines.

Introduction

Computer crime describes a very broad category of offenses. Some of them


are the same as non-computer offenses, such as larceny or fraud, except that a
computer or the Internet is used in the commission of the crime. Others, like
hacking, are uniquely related to computers. Read on to find out what kinds of
activities are considered computer crimes and how to protect yourself from them.

Law enforcement faces challenges on several fronts when investigating and


prosecuting computer crime. Computing has not only significantly altered business
procedures, but also the nature of criminal activity and law enforcement efforts to
combat the crime. Many of the laws that exist in the "paper world" are not easily
transferable to the electronic world. Unique qualifications and training are required
for computer crime investigators, new sets of rules apply for investigating
computer-related crime, and, as more cases move through the judicial system, the
legal framework is continually changing and adapting to this evolving criminal field.

Pre-
test
Direction: Write your answer in the box in not less than 100 words.

Activi
ty
1. Discuss how can we decrease the rate of computer crimes in the Philippines?
Computer Crime
Computer crime describes a very broad category of offenses. Some of them are the
same as non-computer offenses, such as larceny or fraud, except that a computer
or the Internet is used in the commission of the crime. Others, like hacking, are
uniquely related to computers. Read on to find out what kinds of activities are
considered computer crimes and how to protect yourself from them.

Examples of Computer Crimes

Computer crime laws in many states prohibit a person from performing certain acts
without authorization, including:

 Improperly accessing a computer, system, or network;


 Modifying, damaging, using, disclosing, copying, or taking programs or data;
 Introducing a virus or other contaminant into a computer system;
 Using a computer in a scheme to defraud;
 Interfering with someone else's computer access or use;
 Using encryption in aid of a crime;
 Falsifying email source information; and
 Stealing an information service from a provider.

Protect Yourself

Losing a computer or a web account due to cybercrime can be very damaging,


especially as we continue to rely more and more on these networks to conduct
business. There are, however, certain things you can do to help protect yourself.

First, much of cybercrime is fraud involving the use of a computer. Learn the
warning signs of fraudulent behavior and wire fraud. Be extremely careful when
giving out sensitive personal information such as social security numbers and bank
account access codes over the Internet.

Otherwise, take basic precautions for keeping your data private. Use passwords
that are difficult to hack and change them frequently. Don't conduct financial
transactions on public computers or over unprotected networks. You should also
install a good anti-virus program on your computer and keep it updated. Finally, be
careful about downloading software from disreputable websites as it can contain
spyware, viruses, or other malware.

Social Network, Cybercrime and Internet Sex Crimes

While bullying, sexual harassment, and child pornography are long standing crimes


and societal problems, the Internet and social network sites have introduced a
whole new arena for predators to practice their trade.

Cyberbullying

Cyberbullying is aggressive harassment that occurs using electronic technology,


including cell phones, tablets, and computers using social media sites and chat-
sites. Cyberbullying includes the sending of unwanted, abusive text messages,
photographs, personal information, defamatory and libelous allegations and rumors,
and the creation of fake profiles intended to harm victims.

Victims should report the crime to parents, network providers, schools, and law
enforcement. Hate crimes are the most heinous of the various cyber bullying
crimes, and they carry their own distinct set of penalties in most states, including
additional jail time and sometimes mandatory prison time if connected to another
felony. Hate crimes also peak the interest of the FBI, who prosecutes hate
crimes and maintains statistics on the proliferation of hate crimes and other forms
of civilian terrorism.

Types of Cybercrime Charges

Due to the variety of information that is shared on computers and the internet,
there are many different types of cybercrimes. Some of the common crimes linked
to computer or internet usage include:

 Identity theft
 Wire fraud
 Website defacement
 Cyber-stalking
 Phishing
 Hacking
Whether you accidentally or intentionally
committed one of these crimes, it is
imperative to enlist the help of an
aggressive Milwaukee cybercrime
attorney. We can help you protect your
rights and possibly have your charges
reduced or dropped entirely.

Child Pornography and Preying on Minors

Child pornographers and child molesters have


unfortunately found the Internet to be a useful
tool to prey on children as well. The Department
of Justice (DOJ) has a special task force
devoted to catching these predators, and if your
child has been targeted, you should contact law
enforcement right away. The DOJ has published
a Citizen's Guide to U.S. Federal Law on Child
Pornography to outline the applicable federal laws. The Department of Justice also
provides additional resources on Internet safety for children and the rights of child
victims.

Hacking, Piracy, and Cyber Terrorism

Hacking is one of the most well-known types of computer crime. In this


context, the term refers to the unauthorized access of another's computer system.
These intrusions are often conducted in order to launch malicious programs known
as viruses, worms, and Trojan Horses that can shut down or destroy an entire
computer network. Hacking is also carried out as a way to take credit card
numbers, internet passwords, and other personal information. By accessing
commercial databases, hackers are able to steal these types of items from millions
of internet users all at once.
Internet piracy is another common offense. Piracy involves the
dissemination of copyrighted material without permission of the owner. Beginning
in the early 1990s, music sharing websites became extremely popular, many of
them operating in violation of the law. Movies, video games, e-books, and software
are now pirated over the internet as well. Estimates by the entertainment industry
put the annual cost of internet piracy in the billions of dollars, although there is
evidence the scope of the economic impact has been overstated by the industry in
an effort to persuade Congress to pass further regulations.

Cyber terrorism is a relatively new phenomenon. These crimes involve


politically-motivated attacks to targets such as government websites or commercial
networks. Such attacks are designed to be large in scale, and to produce fear and
panic among the victim population. With financial markets now trading over the
internet and so many other transactions taking place online, the danger of cyber
terrorism has received a great deal of attention. However, actual instances of this
type of crime are rare.

The Cybercrime Prevention
Act of 2012, officially recorded
as Republic Act No. 10175, is
a law in the Philippines that was
approved on September 12, 2012. It
aims to address legal issues
concerning online interactions and
the Internet in the Philippines.
Among the cybercrime offenses
included in the bill
are cybersquatting, cybersex, child
pornography, identity theft, illegal
access to data and libel.
While hailed for penalizing illegal acts done via the Internet that were not
covered by old laws, the act has been criticized for its provision on criminalizing
libel, which is perceived to be a curtailment of the freedom of expression
—"cyber authoritarianism".

The Cybercrime Prevention Act of 2012 is the one of the first law in the
Philippines which specifically criminalizes computer crime, which prior to the
passage of the law had no strong legal precedent in Philippine jurisprudence. While
laws such as the Electronic Commerce Act of 2000 (Republic Act No. 8792)
regulated certain computer-related activities, these laws did not provide a legal
basis for criminalizing crimes committed on a computer in general: for example,
Onel de Guzman, the computer programmer charged with purportedly writing
the ILOVEYOU computer worm, was ultimately not prosecuted by Philippine
authorities due to a lack of legal basis for him to be charged under existing
Philippine laws at the time of his arrest.

Summary

Computer crime law deals with the broad range of criminal offenses
committed using a computer or similar electronic device. Nearly all of these crimes
are perpetrated online. The internet provides a degree of anonymity to offenders,
as well as potential access to personal, business, and government data. Many
computer crimes are committed as a means of stealing money or valuable
information, although financial gain is not always the objective. In fact, some of the
most notorious incidents of computer crime involved hackers seeking "bragging
rights" by overcoming government or corporate cyber security measures.

Many people do not think twice before using computers or the internet. They
rely on computers for everything from storing important personal information to
online banking. However, the rate of cybercrime has increased along with the
increased amount of computer usage. Unfortunately, this has lead to a paranoia
regarding identity theft and other cybercrimes that can result in false computer
crime charges against an innocent individual.

QUIZ
Content Understanding Critical Thinking Grammar and
Mechanics - 25%
25% 25% 25%
Discourses each Deep Demonstrate Words and
question and all its understanding of original thinking grammar are
parts thoroughly course theories spelled correctly
and ideas
Incorporates Analysis of case Originality of Spelling and
relevant course situations. answers grammars are
frequent
Use specific Very informative Clear ideas and Spelling and
information from and well organized organized grammars are
casein response piece frequent

1. Discuss elaborately the definition of Computer Crime Law.

2. Explain the computer’s role in the commission of the crime.

LESSON 6: Investigation of Bomb Scene

Learning Objectives:

At the end of this lesson the students should be able to:

 Comprehend the definition of computer crimes.


 Identify and comprehend the different computer crimes
 Explain the Classification and characteristics of computer crimes
 Cite the laws on computer crimes in the Philippines.

Introduction
Bomb Investigation has an intended guide to recommended practices for the
identification, collection, and preservation of evidence at explosion and bombing
scenes. Jurisdictional, logistical, or legal conditions may preclude the use of
particular procedures contained here. Not every portion of this document may be
applicable to all explosion and bombing scenes. The investigator will determine the
applicability of these procedures to a particular incident. Explosive devices can be
searched against several national databases that are maintained to identify trends
in the manufacture of explosives, and track bomb and device designs employed by
serial bombers and terrorist groups.

Activity
Direction: Write your answer in the box in not less than 100 words.

1. How can we avoid bombing explosions in our society?


Purpose and Scope

The principal purpose of this procedure is to provide an investigative outline


of the tasks that should be considered at every explosion scene. They will ensure
that proper procedures are used to locate, identify, collect, and preserve valuable
evidence so that it can be examined to produce the most useful and effective
information—best practices. This Guide was designed to apply to explosion and
bombing scene investigations. This investigative procedures must ensure that 2
each contributor of evidence to the forensic laboratory system is served by the
guide and that quality examinations will be rendered. Consistent collection of
quality evidence in bombing cases will result in more successful investigations and
prosecutions of bombing cases. While this Guide can be useful to agencies in
developing their own procedures, the procedures included here may not be deemed
applicable in every circumstance or jurisdiction, nor are they intended to be all-
inclusive.
Initial Response to Bomb Scene

What should be considered when responding to the scene of a bombing?

 Determine immediate safety requirements


 Determine who needs medical attention
 Determine the hazards in the area
- Secondary devices
- Unconsumed explosives
- Terrorist assault
 Check the fires
 Determine the environmental hazards
- Toxic gas
- Toxic material
- Other chemical acid
- Gas
- Radiation
- Water (rain, flashfloods)
- Heat (sun)
 Attempt to determine degree of structural damage
- Hidden damage
- Building structural integrity
- Suspended or falling debris
 Determine the condition of electrical power consider disconnecting electrical
power before entering the building
 Determine what support agencies need to be contracted.
- Fire departments
- Hazard material response units
- Medical facilities
- Building engineers
- Military
- Others (as the scene requires)

Control the Scene

All situations no matter how organized and controlled will be subject to internal and
or external factors.
Internal factors Include:

 Policy (SOP)
 Funding
 Training
 Equipment
 Personnel

External factors include:

 General public
 Media
 Politics
 Other law enforcement or security agencies
 Location

Set up Perimeter

When setting up a perimeter, the


outer perimeter is generally established
at a point which is 50% greater than
the distance between the seat of the
explosion and the farthest piece of
evidence found.

 Establish barriers to restrict


access (barricades, crime scene
tape, police line, etc.)
 Establish a designed area
normally about 3 meters inside
the outer perimeter for persons who may have legitimate reason for the
scene but are not members of the crime scene search team.
 A secondary perimeter could also be established in an area immediately
outside the original perimeter line. The persons referred to include:
- High ranking police officials
- Fire fighter and rescue personnel
- Military personnel
- Special security personnel
- Medical personnel
- Political figures
- Other VIP’s
- News media
 Establish an inner perimeter around the seat of the explosion and restrict
access using barricades, crime scene tape, etc. assign security personnel as
required and enforce crime scene entry restriction.
 Initiate a written log of all persons entering or leaving the scene to identify
all persons who are or were present on the scene at any time.
 Establish additional designated perimeter areas as they may be revealed to
have a relation to the crime scene.

Set up Command Post

As soon as practicable, the On-Scene Commander should designate a


location for the command post. It should also possess the following requirements.

 Provide support for command post


 Power requirements
- Heat
- Air conditioning
- Electricity
 Rest area
 Food and drink
 Personnel needs facilities
- Toilet , washroom, shower
- Telephone, for personnel contact
- Meeting room

Operation of the Command Post

One of the first requirements of the command post is to determine post blast
investigation personnel requirements and prepare schedules for shift rotations.

Additionally, the On scene commander is responsible for assigning resources


to control and coordinate the activities of:

 The media
 People associated with scene (shop owner, buildings residents, etc.)
 Relative of victims
 Other agency representatives
 Onlookers and passerby

Arrangements should be made for transportation for personnel and gathered


evidence to and from the scene of the bombing.

The Crime Scene Process

The bombing crime scene search must be conducted on the theory that
everything at the scene before the explosion is still there unless it has been
vaporized by the explosion. The search should not end after few items have
been found.

The often heard statement that so much is destroyed by the explosion that
cause must remain unknown is rarely true.

The mental attitude of the searchers is critical to a successful scene


investigation and is affected by:

 Individual interest
 Emotion
 Training
 Experience

Preliminary Survey

During this phase, the basic foundation for management, organization and
logistics is developed.

An initial walk-through the scene is undertaken in order that the office-in-


charge may have understanding of the scene as a whole.

Walk through should accomplished by a few persons as possible, but should


include the bomb technician.
The preliminary survey can be considered the post important phase of
successful crime scene as this survey promotes an organized plan of action and
prevents random physical activity. The most significant specific purposes are:

 To establish administrative and emotional control


 To delineate the extend of the search area
 To organize the methods and procedures needed
 To determine manpower and equipment needs
 To develop a general theory of the crime

During the preliminary survey a prime consideration is to identify perishable


evidence, such as:

 Show prints/dust
 Trace evidence
 Fingerprints
 Other

Evidence That May be Collected

A detailed investigation of a blast site will reveal crucial clues to lead the
investigation. By thoroughly documenting the condition of the scene, including any
structural damage and injuries or fatalities, investigators can slowly piece together
what occurred.

Fragments of an exploded device will often be left intact, including switches,


wiring, timers and circuit boards. If the timer was made from a unique type of
watch, for instance, that information could help narrow the search for who created
the device or where it may have come from.
After an explosion, residue from the explosive that was used will be left
behind. To identify the type of explosive used, investigators may use an ion
mobility spectrometer (IMS), a handheld chemical detection device, to identify
residues that may be present around the blast site.

For large-scale incidents, the area of investigation may be expansive. The


bombing of the Pan Am Flight 103 over Lockerbie, Scotland in 1988 created the
largest crime scene in the world. It stretched for more than 1,200 square miles. By
painstakingly piecing together the wreckage that was found in this area,
investigators identified trace amounts of explosives that helped confirm the incident
was indeed caused by a terrorist attack. Two hundred seventy people died that day
—259 on the plane and 11 residents of Lockerbie.

In addition to collecting physical evidence, video footage may be available


from security cameras or from witnesses’ cell phones. Investigators will also
interview witnesses and victims to gather crucial details.

How the Evidence Is Collected

If an undetonated device is located, it


must first be rendered safe. A bomb should
never be moved from where it was found
because it could detonate. This should only be
conducted by a qualified bomb technician.
Safety is the primary consideration; damage
to a structure can be repaired, but injury to a
person could be life-altering or fatal.
To examine the type of explosive, bomb technicians use remote robotic
equipment to take pictures of the device, or even to detonate the bomb. Robots are
commonly fitted with a device that can shoot a high velocity jet of water into the
device, disrupting it. The bomb squad technician can then move in to confirm the
area is safe and law enforcement can begin an investigation.

A bomb squad technician may also use a portable X-ray tool to examine a
suspicious package to determine if it contains an explosive. X-rays are commonly
used in airports to examine luggage to ensure baggage does not contain explosive
devices.

Before being transported from the scene, all physical evidence is


photographed, packaged, placed into containers, labeled and secured. Evidence
could even be lodged in the bodies of victims or a suicide bomber. The body can be
examined via X-ray images and the evidence retrieved if necessary.

Summary

To ensure safety, first responders will take steps to identify, evaluate, and
mitigate scene hazards and establish safety zones. First responders will establish a
controlled security perimeter, designate staging areas, and initiate documentation.
This will set the stage for the subsequent investigation. : Only bomb disposal
personnel should handle any suspected devices that are located. Take no further
action until the devices have been identified or rendered safe. The investigator will
conduct a briefing to ensure scene safety and security, while addressing the issue
of secondary devices.

\ QUIZ
Content Understanding Critical Thinking Grammar and
Mechanics - 25%
25% 25% 25%
Discourses each Deep Demonstrate Words and
question and all its understanding of original thinking grammar are
parts thoroughly course theories spelled correctly
and ideas
Incorporates Analysis of case Originality of Spelling and
relevant course situations. answers grammars are
frequent
Use specific Very informative Clear ideas and Spelling and
information from and well organized organized grammars are
casein response piece frequent

1. Cite atleast two bombing cases in the Philippines and Give your reactions on
each case.

2. Discuss the process of investigating Bombing scene.


Course references:

 DARLITO BERNARD G. DELIZO (2015): CRIME DETECTION AND


INVESTIGATION 2ND Edition, Philippines, Crim zone Enterprises
 https://www.ncjrs.gov/pdffiles1/Digitization/161281NCJRS.pdf
 https://criminal.findlaw.com/criminal-charges/computer-crime.html
 http://www.forensicsciencesimplified.org/explosives/how.html

MODULE 4

Topic Topic Title Time


Duration
Lesson 7 Introduction to Arson Investigation 1 hour
Activity 1 hour
Law and jurisprudence 2 hours
Application and assessment 2 hours
Lesson 8 History and Definition of SOCO 2 hours
Role of SOCO in Arson Investigation 3 hours
Application and assessment 2 hours

LESSON 7: Arson Investigation

Learning Objectives:

At the end of this lesson the students should be able to:

 Comprehend the definition of Arson.


 Elaborately discuss the methods of Arson investigation.
 Discuss the basic methods of fire investigation.
 Cite the laws on Arson in the Philippines.

Introduction

As mandated by law, the Bureau of Fire and Protection (BFP) shall have the
power to investigate all causes of fire if necessary, file the proper complaint with
the City or Provincial prosecutor who has jurisdiction over the case. The tasks and
responsibility of the fire arson investigators are not only limited to conducting
exhaustive investigations an filing of complaints with the prosecutor’s office, but
also includes the appearance and giving of testimonies before the court of law
during legal proceedings.

It is provided in the rule that it is the prosecution who has the burden of
proof and the quantum of evidence is proof beyond reasonable doubt. Once proven,
the maximum highest penalty for the commission of arson is life imprisonment
under the present law since the abolition of the death penalty law.

Arson is a classic heinous crime that requires skillful, scientific and


systematic investigation procedures thus, the respective chiefs of the investigation
and intelligence offices of the BFP are enjoined to closely supervise the conduct of
the investigation in order to attain effective and plausible results.

Activity
Direction: Write your answer in the box in not less than 100 words.

1. What are the motives in committing Arson?


Specific Investigative Procedures

Arson Investigation

Laws and Jurisprudence


The criminal offense of arson is punishable under articles 320 to 326-B
of the revised penal code as amended by Presidential Decree 1613, 1744
and section 10 of Republic Act 7659 (Heinous Crime Law). As mandated
by the provisions of Section 50, Rule VIII, Implementing Rules and
Regulations of Republic Act 6975, otherwise known as the Department of
the Interior and Local Government Act of 1990, stipulates among others
that the Bureau of Fire Protection shall have the power to investigate all
causes of fire and if necessary, file the proper complaint with the city or
provincial prosecutor who has jurisdiction over the case.

1. Elements of Arson
a. Actual burning took place.
b. Actual burning is done with malicious intent
c. The actual burning is done by person(s) legally and criminally
liable.
2. Levels of offense for Arson
a. Attempted Arson – A gets a rag and soaks it in kerosene with intent
to burn the house of B, his enemy. A puts the rag in a combustible
portion of B’s house and when in the act of striking his match in
order to burn the rag soaked with kerosene, A is arrested by a
policeman who happens to pass by.
-A begins the commission of the felony directly by overt acts but
does not fulfill all the acts of execution necessary to produce the
felony by reason of the timely arrival of the policeman.

b. Frustrated Arson – A, with intent to burn, puts the rag soaked with
kerosene in the combustible part of B’s house. A light the rag and
while it is burning, A runs away. Before the fire from the rag
consumes any part of the house, B discove4rs it and extinguishes
the fire.
- A had already performed all the acts of execution
necessary to produce the felony but the felony was not produced by the
reason of the timely arrival of B, which is independent of the will of A.

c. Consummated Arson – A, with intent to burn lights a rag soaked with kerosene in
the combustible part of B’s house. But before the fire extinguished by B, it had
already burn a small portion of the house.

-A had already performed all the acts of execution necessary to produce the
felony. The consummation of the crime does not depend upon the extent of the
damage caused. Any charring of the wood or any structure, whereby the fiber of
the wood is destroyed, is already sufficient. It is not necessary that the wood or
structure should be ablaze. Setting fire to the contents inside the building can
constitute consummated crime of arson , whether if no part of the building was
burned.

3. Authority in the conduct of fire/ arson investigation

The investigation of all fire incident and arson cases shall be referred to or
turned over to the Bureau of Fire and Protection, in reference to the provisions of
section 50 ,RA 6975.

Basic Methods of Fire Investigation

1. Preservation of the fire scene


a. Consider the fire scene itself as the
evidence
b. Avoid contamination, loss or unnecessary movement of physical evidence
within the fire scene.
c. Secure the fire scene from unauthorized intrusion
d. Limit the access in the fire scene to
those persons who only need to be
there.
2. Examination of the fire scene
a. Examination should be thorough
b. Analyze fire patterns
c. Trace fire spread
d. Identify areas and point of origin
e. Identify the fuel involved
f. Establish the corpus delicti by
eliminating all natural or accidental
causes.
3. Recording the fire scene – take
photographs of the following:
a. Exterior views
b. Identification of the property/ signage or house addresses number
c. Out-building and grounds/ aerial photographs
d. Interior of the building, room by room, in logical sequence. The series of
shots start at the main door/ entrance of the premises going inside.
Series of photographs should also depict unburned areas of the building.
e. Evidence, prior to removal, in close-up and wide angle shots. Use of “title
sheet” that shows identifying information of evidence is mandatory
(date/location of evidence/investigating team and other situational
information).
f. Travel of fire or burn and flame spread patterns
g. Label each canister of film used to prevent confusion or loss and maintain
photographic log (photo record).
4. Fire scene sketch
A sketch is made to assist investigators in presenting a clear picture of
the involved building to the court. The detail maybe general
approximation of precise measurement. Supplemented by
photographs, drawings of damage patterns, good documentation of a
fire scene can assist an investigator in re-analyzing a fire scene if
previously unknown information becomes available. The sketch should
clearly show the layout of the entire building. In commercial or
industrial buildings, the sketch should clearly show the layout of alarm
bell, elevator or any other pertinent factors involving the investigation
of the fire. The sketch should also show the position of evidence found
at the fire scene.

5. Physical evidence examination and testing


a. Physical evidence should be thoroughly documented before removal
b. Evidence must be collected, identified, preserved and transported to
the laboratory in the best possible condition. Every effort should be
made to prevent contamination of materials secured as evidence.
Containers for evidence may consist of thick self-sealing plastic bags of
various sizes, clean glass mason jars with rubber washers and screw
tops, metal cans with clean pressure or plastic lids, clean glass bottles
with screw caps, and card-board or plastic boxes of assorted sizes.
c. Maintain the security and integrity of physical evidence from the time
of its initial recovery and collection to its subsequent examination and
testing.
d. Evidence containing latent prints should be protected so as not to
smudge or destroy the prints.
e. A letter of instruction should be sent to the laboratory with the
evidence, describing the same and what the investigators expects the
laboratory technician to recover via the various laboratory processes.
6. Sources of Information
7. Preliminary interview with the owners/ occupants
This interview is conducted to ascertain the names of owners/
occupants, insurance data, employment, etc. Warning: Nothing should
be said or implied during this interview to indicate any suspicion about
the person interviewed. Information obtained in these preliminary
contacts may provide a possible due as to an accidental fire, or leads
on possible suspects and motives.
8. Insurance firm
The insurance agent or broker will provide the name of the
company/ies, policy numbers, terms of the insurance and expiration
dates, mortgage payable clause, name of the adjuster, and whether or
not the insurance was in the period of cancellation. It should also be
ascertained, from the agent/ broker who solicited the business , who
suggested the amount of coverage and whether the premium payment
was current or delinquent.
9. Neighborhood Inquiry
When conducting a neighborhood inquiry, interview persons within a
wide area of the surrounding community. Interview a person who
discovered the fire, how he/she happened to be in the area, the
location of the fire when initially observed and other pertinent facts. It
is sometimes useful to take statements from any witnesses who
appear to be hostile or who may be later change their testimonies.
Remember you are seeking information. Do not divulge information to
the witness/es.
10. Public Records
Legal orders: deeds, mortgages of real estate and chattels; liens,
encumbrance; local and national taxes; hospital and mental records.
Financial and credit information: building and loan associations; charge
accounts; public utilities (gas, water, electricity, telephone)servicemen
(newsboy, milkman, etc.)
Employment records, military records, school records, juvenile court
records.

Motives

It is not essential to prove motive in obtaining a conviction for the crime of


arson. Establishing a motive does help in providing the reason why the suspect
committed the crime. The following motives for setting fires are well known to
investigators and are self-explanatory.

1. Fraud or arson for profit (mostly insurance claims related)


2. Spite or revenge
3. To cover-up another violation of law/crime concealment
4. Juvenile fire setters and vandalism
5. Pyromania/psychological compulsion
6. Mass civil disturbance(riot)
7. Terrorism

Summary

Fires are destructive, spreading as they grow and consuming the evidence of
their initiation. Putting out fires and finding out how they started involves public
officials and private groups such as fire departments, emergency medical services
and law enforcement. Law enforcement and fire service departments must always
determine the cause of the fire, whether arson or accidental, in order to identify
hazards and dangerous practices and prevent future fires. Many fires can be
prevented through public education, for instance, educating people on safe
practices for using room heaters or other gas and electric devices.

Not every portion of this document may be applicable to all fires. It is at the
discretion of responding personnel depending on their responsibilities, as well as
the purpose and scope of their duties to apply the procedures recommended in this
Guide to a particular incident. Some of the procedures described in this Guide may
not be performed in the sequence described or may be performed simultaneously.

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casein response piece frequent

1. Who has the power to conduct investigation in an fire incident?


LESSON 8: Role of SOCO in Arson Investigation

Learning Objectives:

At the end of this lesson the students should be able to:

 Comprehend the definition of SOCO.


 Appreciate the History, concepts and the procedures of SOCO.
 Conduct and Understand the role and importance of SOCO in Arson
investigation

Introduction

A scene of crime officer (SOCO) is an officer who gathers forensic evidence


for the British police. They are also referred to by some forces as forensic scene
investigators (FSIs), crime scene investigators (CSIs) or crime scene
examiners (CSEs). SOCOs are usually not police officers, but are employed by the
police forces. Evidence collected is passed to the detectives of the Criminal
Investigation Department and to the forensic laboratories. The SOCOs do not
investigate crimes or analyze evidence themselves.

Activity
Direction: Write your answer in the box in not less than 100 words.

1.Explain the Role and importance of SOCO in Arson investigation.


History of SOCO

SOCOs were first introduced into the Metropolitan Police in 1968, replacing the CID officers
who had previously carried out these functions. Some other forces had introduced
them before that time, however.
Other police forces around the United Kingdom continued this trend of
replacing the CID officers with civilians. This allowed the creation of dedicated
departments within the police forces. Police officers often moved post after only a
few years; the introduction of civilian scenes of crime officers allowed departments
to build a resource based on experience.
Today, the majority of police forces use a central training resource for the
initial and development needs of their SOCOs. With the introduction of forensic
science degrees at university level, the standard of candidates for employment is
increasing. Once in post, trainee SOCOs attends a nine-week residential training
course. During this course, a prospective SOCO will learn about fingerprint recovery
techniques, DNA retrieval, photography, road traffic collisions (RTCs), and trace
evidence, amongst other areas of knowledge. Upon the successful conclusion of this
course, SOCOs are then invited to further their knowledge by undertaking a two-
year diploma. SOCOs are expected to demonstrate a high level of further learning
by liaising with colleagues, peers and other services within the law enforcement
sector. This is demonstrated by submitting six dissertations discussing specialist
forensic areas or elaborating on existing techniques or equipment.
The job can be physically demanding and involve working at heights, in
confined spaces, and being outdoors in all weather conditions. Some of your work
will be unpleasant or distressing. You would spend most of your time out on
investigations, but would write up reports, process recovered evidence an prepare
statements at a police station.

Role and Responsibilities

Scene of crime officers (SOCOs –


also known as crime scene investigators or
CSIs) work alongside police officers to
help solve crimes. They're experts trained
to take photographs of evidence and
identify traces left at crime scenes. They
attend a wide range of scenes including
vehicle crimes, burglaries, murders and
unexplained deaths. They may also attend
post mortems.

Other typical responsibilities include:

 responding to and prioritising calls from


police officers
 taking charge of crime scenes to avoid contamination
 establishing what evidence is required from incident scenes and how best to
obtain it
 writing reports
 dusting for fingerprints and searching for footprints
 using scientific techniques to gather forensic evidence such as blood, hairs,
fibres, paint, glass and other traces left at crime scenes
 taking fingerprints
 attending court and giving evidence.

Typical employers of scene of crime officers


Most employees in this area of work are employed by individual police forces
from across the UK. Opportunities are advertised on police forces' websites. You
may also find vacancies on the Police.uk website.

Qualifications and training required


While graduate entrants are becoming increasingly common in this area of
work, it is possible to become a scene of crime investigator as a school leaver.
Individual police forces have different requirements. You will most definitely need at
least five GCSEs at grades 9 to 4 (A* to C), including maths, English and at least
one science subject. Some employers may expect A levels or equivalent, also
including a science.

You may be expected to have a degree. Whether or not that’s the case, you
might decide that a degree in a subject such as forensic science, criminology,
psychology, biology or chemistry might provide you with some useful knowledge.
Photography is also often regarded as a relevant subject. Take a look at vacancies
for roles with your local police force – or for those you’d be interested in joining –
to get a better idea of the specific qualifications you’ll need.

Key skills for scene of crime officers


Recruiters look for people who can cope well
under pressure and handle sensitive situations.
Other essential qualities and skills include:

 a logical and enquiring mind


 meticulous attention to detail
 an understanding of the legal system
 understanding of certain scientific methods
 a certain level of photography ability
 excellent written and oral communication
skills
 good team working and problem-solving abilities
 Strong people skills.

Summary

Scene of crime officers would find, collect and record evidence from crime
scenes in order to help solve crimes. This would involve working with police officers
during the investigation. You may work directly for a police force or with a security
services company that works with the police. It would be your job to recover
evidence from all types of crime, ranging from minor crimes to murder and rape.

\ QUIZ
Content Understanding Critical Thinking Grammar and
Mechanics - 25%
25% 25% 25%
Discourses each Deep Demonstrate Words and
question and all its understanding of original thinking grammar are
parts thoroughly course theories spelled correctly
and ideas
Incorporates Analysis of case Originality of Spelling and
relevant course situations. answers grammars are
frequent

1. Enumerate and explain elaborately atleast two (2) skills of an SOCO.

2. Why do you think investigators still need the help or coordination of an SOCO
in an investigation?

3. Why do you think some of the work of SOCO is unpleasant or distressing?

Course references:

 DARLITO BERNARD G. DELIZO (2015): CRIME DETECTION AND


INVESTIGATION 2ND Edition, Philippines, Crim zone Enterprises
 https://nij.ojp.gov/topics/articles/guide-investigating-fire-and-arson
 https://targetjobs.co.uk/careers-advice/job-descriptions/278941-scene-of-
crime-officer-job-description

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