SPECIAL CRIME INVESTIGATION

FINAL
 Crimes Against Persons:PARRICIDE,
MURDER , HOMICIDE & INFANTICIDE
• 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 ascendant or other
descendent, or the legitimate spouse, of the accused
 There tends to be a pattern among individuals who kill
their mothers or fathers. For instance, sons who kill their
parents are typically single, and suffer from schizophrenia.
Sons who kill their mothers typically live with their mothers as
adults, and they are often immature, and so remain dependent
on their mothers. Sons tend to use excessive violence when
killing either parent.
As for daughters who kill their parents, there tend to be
fewer common factors involved. For instance, women who kill
their fathers are less likely to be psychotic than men. Their
fathers are typically oppressive, which leads to violent
relationships with their daughters.
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 Article 248 4. The killing is not parricide or infanticide
• 1. 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
• 2. In consideration of a price, reward or promise
• 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin
• 4. On occasion of any of the calamities enumerated in the preceding paragraph,
or of an earthquake, eruption of a volcano, destructive cyclone, great waste and
ruin
• 5. With evident premeditation
• 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse
• 1. That a person is 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 of parricide or infanticide
• 1. That a child was killed
• 2. That the deceased child was less than 3 days (72 hours) of age
• 3. That the accused killed the said child Infanticide – killing of any
child less than three days of age, whether the killer is the parent or
grandparent, any other relative of the child, or a strange
• Conducting the external examination documents the infant’s physical
characteristics, relationship to the scene, and injuries, if present. This
documentation (photographic and graphic [on body diagram form])
provides detailed information about the possible cause, manner, and
circumstances of death.
• External examination of the infant provides information about the
state of care, injuries, and presence of illness. Although injuries may
not be visible on the external surface of the body, their presence
immediately alerts the investigator to the possibility of an unnatural
death.
 Generating photographic and written documentation of
evidence on the body allows the investigator to create a permanent
historical record of that evidence. To maintain chain of custody,
evidence must be collected, preserved, and transported properly. In
addition to any physical evidence visible on the body and bedding,
blood and other body fluids present must be photographed and
documented before collection and transport. Fragile evidence (that
which can be easily contaminated, lost, or altered) must also be
documented.
 – the expulsion of the fetus from the
mother’s womb.
• 1. By using any violence upon the person of the pregnant woman.
• 2. By acting, but without using violence, without the consent of the
woman (by administering drugs or beverages upon such pregnant
woman without her consent)
• 3. By acting (by administering drugs or beverages), with the consent
of the pregnant woman
• 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 the accused, the fetus dies, either in the
womb or after having been expelled therefrom
• 4. That the abortion is intended
• 1. That there is a pregnant woman
• 2. That violence is used upon such pregnant woman without
intending an abortion
• 3. That the violence is intentionally exerted
• 4. That as a result of the violence, the fetus dies, either in the womb
or after having been expelled therefrom
• A pelvic exam is mandatory to determine the type of abortion.
Determining factors include the amount and site of bleeding, whether
the cervix is dilated, and whether fetal tissue has passed. In a
threatened abortion, the vaginal exam may reveal a closed cervical os
with no tissue.
Classes of Serious physical injuries:
• (a) consequences of the injuries inflicted, (b) nature and character of
the wound inflicted, and (c) the proper penalty
• 1. When the injured person becomes insane, imbecile, impotent or
blind in consequence of the physical injuries inflicted.
• 2. When the injured person (a) loses the use of speech or the power
to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or
(b) loses the use of any such member, or (c) becomes incapacitated
for the work in which we were theretofore habitually engaged, in
consequence of the physical injuries inflicted
3.When the person injured (a) becomes deformed, or (b) loses any
other member of his body, or (c) loses the use thereof, or (d) becomes
ill or incapacitated for the performance of the work in which he was
habitually engaged for more than 90 days, in consequence of the
physical injuries inflicted.
4. When the injured person becomes ill or incapacitated for labor for
more than 30 days (but must not be more than 90 days), as a result of
the physical injuries inflicted.
Qualified Less Serious Physical Injuries
Any person who shall inflict upon another physical injuries not
described in the preceding articles, but which shall incapacitate the
offended party for labor for ten (10) days or more, or shall require
medical assistance for the same period, shall be guilty of less serious
physical injuries and shall suffer the penalty of arresto mayor.
Kinds of Slight Physical Injuries:
1. Physical injuries which incapacitated the offended party for labor
from 1 to 9 days, or required medical attendance during the same
period
2. Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical
attendance.
3. Ill-treatment of another by deed without causing any injury
R.A 9262 - Anti Violence against Women and Their Children Act
Of 2004
Approved: March 08, 2004
Took effect: March 27, 2004

Who is the woman victim protected under this law?

• Wife
• Former wife
• A woman with whom the offender has or had a sexual or dating
relationship.
• A woman with whom the offender has a common child.
•
 WHO IS THE “OFFENDER”?
Husband
Former husband
Boyfriend
Ex-boyfriend
Live-in partner or ex-partner
One with whom the woman has a common child
One with whom the woman has/had sexual or dating relationship.
• CAN A WOMAN BE HELD LIABLE FOR COMMITTING VIOLATIONS OF
RA 9262?
• Yes. A lesbian partner/girlfriend or ex-lesbian partner/girlfriend can
also be held liable for committing act or a series of acts against
another woman with whom the lesbian has or had a sexual or dating
relationship
SEC. 3. Kinds of Violence under RA 9262:
Physical violence
– refers to acts
that include
bodily or physical
harm.
Sexual violence – refers to an act which is sexual in
nature, committed against a woman or her child.
Rape, sexual harassment, acts of lasciviousness, treating
a woman or her child as a sex object,etc.
Psychological violence – refers to acts causing or likely to cause mental or
emotional suffering of the victim such intimidation, stalking, damage to
property, humiliation and verbal abuse.
Economic abuse –
refers to acts that
make or attempt to
make a woman
financially dependent
Battery - refers to act of physical harm upon
the woman or her child resulting to the
physical and psychological or emotional
distress.
refers to
maltreatment,
whether
habitual or
not, of the
child
1. FORMS OF CHILD ABUSE

• CRUELTY – refers to any word or deed which debases, degrades or

demeans the intrinsic worth and dignity of the child as human being.
• PHYSICAL INJURY – includes but is not limited to lacerations, fractured
bones, burns, internal injuries, severe injuries, or serious bodily harm
suffered by a child
• PSYCHOLOGICAL INJURY – means harm to a child’ psychological or
intellectual functioning which may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior
• NEGLECT – means failure to provide, for reasons other than poverty, the
basic needs of the child, such as food, clothing, medical care, shelter and
basic education
• SEXUAL ABUSE – includes the employment, use, inducement or coercion
of a child to engage in sexual intercourse or lascivious conduct; the
molestation, prostitution and or incest with children

•
RAPE AND SEX CRIME INVESTIGATION
RAPE: WHEN AND HOW IT IS COMMITTED?
• Rape is committed by a man who shall have a carnal knowledge of a
woman under any of the following circumstances.
• 1. Through the use of force, threat or intimidation.
• 2. When the offended party is deprived of reason or otherwise
unconscious.
• 3. By means of fraudulent machinations or grave abuse of authority.
• 4. When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned
above be present.
• Rape is also committed by any person who, under any of the
circumstances mentioned in the preceding paragraph, shall commit
an at of sexual assault by inserting his penis into another person’s
mouth or anal orifice, or any instruments or object, into the genital
or anal orifice of another person.
CORPUS DELICTI
1. Elements of Rape under the first
paragraph:
1. That the offender is a man.
2. That the offender had carnal
knowledge of a woman.
3. That such act is accomplished under
any of the following circumstance:
a. By using force or intimidation.
b. When the woman is deprived of reason or
otherwise unconscious.
c. By means of fraudulent machinations or
grave abuse of authority.
d. When the woman is under 12 years of age
or demented.
 CORPUS DELICTI
1. Elements of Rape under the second paragraph:
1. That the offender commits an act of sexual assault.
2. That the act of sexual assault is committed by any of
the following means:
1. By inserting his penis into another person’s mouth or anal
orifice.
2. By inserting any instrument or object into the genital or
anal orifice of another person.
3. That the act of sexual assault is accomplished under
any of the following circumstances.
1. By means of force or intimidation.
2. When the woman is deprived of reason or otherwise
unconscious.
3. By means of fraudulent machination or grave abuse of
authority.
4. When the woman is under 12 years of age or demented.
Who can Commit Rape?
• Under RA 8353, entitled “ The anti-Rape Law of 1997”, the crime of
rape can now be committed by a male or female. Before its
amendment, rape can only be committed by a male person.
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”
 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 of the 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
DATE RAPE
• The term "date rape" is used
to refer to several types of
rape, broadly acquaintance
rape, which is a non-
domestic rape committed by
someone who knows the
victim, and drug facilitated
sexual assault (DFSA), where
the rapist intentionally drugs
the victim with a date rape
drug so that they are
incapacitated.
• Gang rape occurs when a
group of people participate
in the rape of a single victim.
Rape involving two or more
violators (usually at least
three) is widely reported to
occur in many parts of the
world. Systematic
information on the extent of
the problem, however, is
scant.
• Spousal rape also
known as marital
rape, wife rape,
husband rape,
partner rape
or intimate partner
sexual assault
(IPSA), is rape
between a married
or de facto couple
without one
spouse's consent.
Spousal rape is
considered a form
of domestic
violence and sexual
abuse.
• Rape of a child is a
form of child sexual
abuse. When committed
by another child (usually
older or stronger) or
adolescent, it is
called child-on-child
sexual abuse.
• statutory rape is
nonforcible sexual activity in
which one of the individuals is
below the age of consent (the
age required to legally consent
to the behavior). Although it
usually refers to adults
engaging in sexual contact
with minors under the age of
consent, it is a generic term,
and very few jurisdictions use
the actual term statutory
rape in the language of statutes
• Rates of prison rape have been
reported as affecting between 3%
and 12% of prison inmates in the
US. Although prison rapes are
more commonly same-sex crimes
(since prisons are usually
separated by sex), the attacker
usually does not identify as
homosexual.
• Serial rape is rape
committed by a person over
a relatively long period of
time and committed on a
number of victims. Most
times this type of rapist is
unknown to the victim and
follows a specific and
predictable pattern of
targeting and assaulting
victims.
SCOPE OF THE CRIME – WHY RAPE OFTEN
GOES UNREPORTED
• a series of studies indicating why
women do not report being raped:
• Worries of unsympathetic
treatment from police and
discomforting procedures;
• Lack of belief in the police’s ability
to apprehend the suspect;
• Fear of further victimization by
court proceedings (a result of
television programs or newspaper
reports);
• Embarrassment about publicity,
however limited; and
• Fear of reprisal by the rapist.
 FIRST CONTACT
• Ask the victim whether she has sustained
serious physical injury and needs immediate
medical assistance. If so, dispatch an
ambulance;
• Ask the victim if she can identify or describe
the suspect. Follow protocol relative to
providing this information to patrol units;
• Immediately dispatch a patrol unit to the
scene;
• Tell the victim to wait for the police to arrive
if she is in a safe location;
• Instruct the victim not to alter her physical
appearance or touch anything on scene; and
• Advise the victim not to was or douche
before she undergoes a medical examination.
 FIRST RESPONDER DUTIES
• As with any other violent crime, the first officer on scene must ensure the
victim receives medical attention. Paramedics must bring the victim to a
hospital for medical care and a physical examination to establish the crime
of rape or sexual assault. Investigators will take the victim’s garments as
evidence, so officers should bring a change of clothes for the victim to the
hospital whenever possible. The time to plan for this is early in the
interaction. Many victims will have an advocate or friend with them to call
on their behalf. Give this person the assignment of getting a change of
clothing for the victim. Maintaining the chain of evidence is crucial, and a
police officer, preferably a female officer, should accompany the victim in
the ambulance.
• In addition to following normal procedures in protecting primary and
secondary crime scenes, one of the first responders should conduct a
preliminary interview with the victim in private to determine if she knows
or can identify the person who raped her. The officer should obtain a
physical description of the rapist and ask the victim to explain what
happened. The investigator, a rape counselor, or another care provider will
conduct a detailed follow-up interview in a setting most comfortable to the
victim.
 GOALS FOR SEARCHING THE CRIME SCENE
• Reconstruct what happened
and establish that a crime
occurred;
• Identify, document and collect
evidence of what occurred;
• Link the victim and the suspect
to the scene of the crime;
• Identify and locate any
witnesses; and
• Identify and apprehend the
person(s) who committed the
crime.
Sample Documents of

1. Spot Report
2. Final or Investigation Report
(Cases must be related to the given topics)