SPECIAL CRIME INVESTIGATION 2

CHAPTER 1

CRIMINAL INVESTIGATOR – refers to a person who is charged with the duty of

carrying on the objectives of criminal investigation, e.g. , to identify and locate the
suspect and provide evidence of his guilt.

INVESTIGATOR/OFFICER – shall refer to any law enforcement personnel belonging to

the duly mandated law enforcement agencies tasked to enforce Republic Act 9208
such as officers, investigators and agents of the Philippine National Police, National
Bureau of Investigation, and Bureau of Immigration.

PRIMARY RESPONSIBILITIES - Crime scene investigator is a complex and multi-

faceted one, as a number of subspecialties exist within this profession. However in
general a crime scene investigator is a professional who is trained to collect, preserve
and process evidence at the scene bof a crime.

- Crime scene investigators, unlike Forensic scientists who conduct tests on physical
evidence within a forensic laboratory, are the one the scene professionals who are
called to the scene of a crime to ensure that all physical evidence is properly collected,
preserved and documented according to a strict code of standards.

- These investigative professionals also ensure that all physical evidence is packaged
and transported to a forensic laboratory.

The following are the primary responsibilities of a criminal investigator as a such but not
limited to;

1. Process crime scenes by performing scene recognition scene documentation and

evidence collection.

2. Operate within the applicable laws governing the Investigations.

3. Initiate preliminary survey, generate initial theories sand keep the ones that are not
eliminated by incoming information.

4. Throughly document scenes and gather potential evidence ( Physical, specimens,

documents, photographs, statements, etc. ) to send to crime lab.

5. Draft detailed investigative reports and be prepared to present evidence to the

prosecutor.
6. Preserve, collect and record impressions, including tool marks, footprints, tire marks,
bite marks, and fingerprints.

7. Collect DNA evidence, including blood, semen, hair, skin, blood stain patterns, bodily
fluids and nails.

8. Collect trace evidence, including gunshot residue, fibbers, accelerant, paint, glass,
etc.

9. Collect firearms evidence, including weapon, spent casings, bullet fragments,

cartridges, and gun powder patterns.

10. Investigate criminal acts such as murder, homicides,sexual assaults, armed

robberies, home invasions, and property crimes such as robbery and theft etc.

11. Interview informants, suspects, and witnesses to ascertain alibis, clues, time frames,
and possible suspects.

12. Collect enough evidence to support a court case against a criminal.

13. Prepare sketches and diagrams.

14. Obtain search warrants.

15. Perform surveillance and monitor suspects.

16. Exchange information and coordinate activities with other departments.

17. Record physical information about suspects.

Qualities of an Investigator

The must possess the following qualities;

a. Proven working experience as criminal Investigator

b. Hands-on experience with crime scenes analysis and forensic science

c. Proficient in interpreting evidence and reconstructing events

d. Ability to observe minute details and to produce detailed reports

e. In depth knowledge of criminal law, rules and legislation

f. Familiarity with all evidence types (e.g. circumstantial, direct, trace, hearsay etc)
and the rules governing their admissibility.
 g. Throughout understanding of the Investigations process and the unique
circumstances of each case.

h. Strong analytical skills along with good interviewing and interrogation skills.

i. Honest and ethical with high levels of integrity and confidentiality.

REPUBLIC ACT 9208 - An Act to Institute Policies to Eliminate Trafficking in Persons

Especially Woman and Children, Establishing the necessary Institutional Mechanisms of
for the Protection and Support of Trafficked Persons, Providing Penalties for its
Violations, and for other purposes. ( Anti- Trafficking in Persons Act of 2003 ).

SPECIAL CRIME INVESTIGATION – is a process of applying special equipment and

special expertise; it needs once expertise and a particular special instrument. It is also
deals with the study of major crimes based on the application of special investigative
technique.

CRIME SCENE – A venue or place where the alleged crime/ incident / event has been
committed.

INVESTIGATION – Is the collection of facts to accomplish a three-fold aim:

a. to identify the suspect

b. to locate the suspect

c. to provide evidence of his guilt

In the performance of his duties, the investigator must seek to establish the
6 (six) Cardinal Points of Investigation namely,

WHAT specific offense has been committed

HOW the offense was committed

WHO committed it

WHERE the offense was committed

WHEN it was

WHY it was committed

CUSTODIAL INVESTIGATION – Investigation conducted by law enforcement officers
after person has been arrested of deprived of his freedom of action. It includes invitation
to a person who is being investigated in connection with an offense.

MIRANDA DOCTRINE – A principle on the rights of a suspect from forced self-

incrimination during police interrogation as enshrined in the 1987 Philippine
Constitutions Bill of Rights ( Article III, Sec. 12 ).

COMBINED TASK FORCES – it is necessary for many crimes involving drugs, gangs
and terrorism and multidisciplinary approach, multijurisdictional investigation, mero
crime teams and special investigation units.

CASE OFFICER – The person responsible for and in charge of the investigation of a
case.

CASE OPERATIONAL PLAN – A definite target -specific activity conducted in relation

to an intelligence project under which it is affected. Several case operations may fall
under one intelligence project. Refers to a preparatory plan on how to carry out a case
operation which is the last resort to pursue intelligence objectives when normal police
operations fail.

PROBABLE CAUSE – is a factor or circumstances sufficient to convince a person of

normal intelligence that a suspect was probably involved in a specific crime.
 CHAPTER 2

MURDER – is the unlawful killing of any person which is not parricide or infanticide.\

MURDER – Any person who, not falling within the provisions of Art 246, shall kill
another, shall be guilty of murder and shall be punished b reclusion temporal in its
maximum period to death, if committed with any of the following attendant
circumstances: Art 248 RPC

ELEMENTS OF MURDER

1.That a person was killed.

2.That the accused killed him.

3.That the killing was attended by any of the qualifying circumstances

mentioned in Art 248 RPC.

4. That the killing is not parricide or infanticide

HOMICIDE - Any person who, not falling within the provisions of art 246 of RPC shall
kill another without the attendance of any circumstances enumerated shall be deemed
guilty of homicide and punished by reclusion temporal Art 249 RPC.

HOMICIDE – this is the unlawful killing of any person, which is neither parricide, murder
nor infanticide. Intent to kill is conclusively presumed when death resulted; evidence of
intent to kill is important only in attempted or frustrated homicide.

ELEMENTS OF HOMICIDE

1.That the person was killed

2.That the accused killed him without any justifying circumstances;

3.That the accused had the intention to kill, which is presumed;

4.That the killing was not attended by any of the qualifying circumstances
of murder, or by that parricide of infanticide.
ACCIDENTAL HOMICIDE – is the death of a person brought about by a lawful act
performed with proper care and skill and without homicidal intent.

PARRICIDE – any person who shall kill his father, mother or child, whether legitimate,
or illegitimate, or any of his ascendents or descendants, or his spouse shall be guilty or
parricide and shall be punished by the penalty ranging from reclusion perpetua to death
Art 246 RPC ( As amended by R.A. 7659 )

ELEMENTS OF PARRICDE

1.That a person is killed.

2.That the deceased is killed by the accused

3.That the deceased is the father, mother, or child, whether legitimate or

illegitimate, or a legitimate other ascendents or other descendant, or the
legitimate spouse, of the accused.

GIVING ASSISTANCE TO SUICIDE – Any person who shall assist another to commit
suicide shall suffer the penalty of Prison mayor , if such person lends his assistance to
another to the extent of doing the killing himself, he shall suffer the penalty of reclusion
temporal. However, if the suicide is not consummated, the penalty of arresto mayor in
its medium and maximum periods shall be imposed. ( Art 253 RPC )

ACTS PUNISHABLE AS GIVING ASSISTANCE TO SUICIDE

By assisting another to commit suicide, whether the suicide is

consummated or not.

By lending his assistance to another to commit suicide to the extent of

doing the killing himself.

ASSISTANCE TO SUICIDE IS DIFFERENT FROM MERCY- KILLING

EUTHANASIA – commonly known as mercy- killing – is suffering from painlessly

putting to death a person suffering from one incurable decease. Euthanasia is not
lending assistance to suicide. In euthanasia, the person killed does not want to die. A
doctor who resorts to mercy- killing of his patient may liable for murder. ( Art 248 RPC )

INFANTICIDE – The penalty providing for parricide in art 248 shall be imposed upon
any person who shall kill any child less than 3 days of age. ( Art 255 RPC )

INFANTICIDE – as the killing of any child less than three days old of age, whether the
killer is the parent or grandparent, any other relative of the child or stranger.
ELEMENTS OF INFANTICIDE

1.That the child was killed

2.This is the killing of any child less than 3 days ( 72 hours ) of age,
whether the killer is the parent or grandparent, or any other relative of the
child, or a stranger.

3.That the accused killed the child.

ABORTION – willful killing of a fetus in the uterus or violent expulsion of the fetus from
the maternal womb which results to the death of the fetus. It is also the termination of
pregnancy by the removal or expulsion from the uterus of a fetus or embryo before
viability.

INTENTIONAL ABORTION – any person who shall intentionally cause an abortion shall
suffer: Art 256 RPC

The penalty of reclusion temporal, if he shall use any violence upon the
person of the pregnant woman.

The penalty of prison mayor, if without using violence, he shall act without
the consent of the woman.

The penalty of prison correctional in its medium periods, if the woman shall
have consented.

INTENTIONAL ABORTION – This is the willful killing of the fetus in the uterus, or the
violent expulsion of the fetus from the maternal womb, which results in the death of the
fetus.

ELEMENTS OF ABORTION

1. That there is a pregnant woman;

2. That violence is exerted, or drugs or beverages administered, or that the

accused otherwise acts upon such pregnant woman;

3. That as a result of the use of violence or drugs or beverages upon her, or

any other act of he accused, fetus dies, either in the womb or after having
been expelled therefrom;

4. That the abortion is intended.

PERSON LIABLE FOR INTENTIONAL ABORTION - The person who intentionally

caused the abortion is liable under Art. 256. The woman is liable under Art. 258, if she
consented to the abortion caused on her. If she did not consent to the abortion caused
her, she is not liable.

UNINTENTIONAL ABORTION – the penalty shall be prison correctional in its minimum

and medium periods shall be imposed upon any person who shall cause an abortion by
violence, but unintentionally. ( Art 257 RPC )

ELEMENTS UNINTENTIONAL ABORTION

1. That there is a pregnant woman

2. That the violence is used upon such pregnant woman without intending
an abortion.

3. That the violence in intentionally exerted;

4. That as a result of the violence the fetus dies either in the womb after
having been expelled therefrom.

PHYSICAL INJURY – Harm done to child’s psychological or intellectual functioning

which may be exhibited by severe anxiety, depression, withdrawal or outward
aggressive behavior, or a combination of said behaviors which may be demonstrated
by a change in behavior, emotional response or cognition;

MUTILATION – The penalty of reclusion temporal or reclusion perpetua, shall be

imposed upon any person who shall intentionally mutilate another by depriving him,
either totally or partially, of some essential organ for reproductive. ( Art.262 )

TWO KINDS OF MUTILATION

1. By intentionally mutilating another by depriving him, totally or partially,

of some essential organ for reproduction.

2. By intentionally making other mutilation, that is by lopping or clipping off

any part of the body of the offended party, other than the essential organ
for reproduction, to deprive him of that part of his body.

RAPE – When and how committed ; Rape is committed ( Art 266-A )

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

2. Through force, threat or intimidation;

3. When the offended party is deprived of reason or is otherwise

unconscious;
4. By means of fraudulent machination or grave abuse or authority

5. When the offended party is under ( 12 ) years of age or is demented, even

though none of the circumstances mentioned above be present.

6. By any person who, under any of the circumstances mentioned in the

paragraph I hereof, shall commit an act of sexual assault by inserting penis
into another person’s mouth or anal orifice, or any instrument or object,
into the genital organ or anal orifice of another person. ( R.A. No. 8353,
October 22, 1997 )