SPECIALIZED CRIME INVESTIGATION

HOMICIDE AND MURDER INVESTIGATION

Homicide Investigation - It is the official inquiry made by the police on the facts and circumstances surrounding the
death of the person which is expected to be criminal or unlawful.

Homicide

Any person who, not falling within the provisions of Article 246 (Parricide) Revised Penal Code shall kill another without
the attendance of any of the circumstances enumerated in Article 248 (Murder) RPC, shall be deemed guilty of homicide.

The elements of homicide are:

(1) A killing exist
(2) The accused did the act without legal justification and with intent to kill
(3) The killing is neither murder, parricide nor infanticide.

Intent to kill is presumed if deaths results from the unjustified act. If death did not result from the act, intent to kill is
essential to prove attempted or frustrated homicide otherwise the crime may be physical injuries only.

Murder
Any person who, not falling within the provision of Article 246 (Parricide) of the RPC shall kill another, if committed with
any of the following attendant circumstances:

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 impurity.
2. In consideration of a price, reward, or promise.
3. 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.
4. An occasion of any of the calamities enumerated in the proceeding paragraph or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other public calamity.
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.

The elements of murder are:

(1) A killing exists.
(2) The accused killed the deceased under any of the above circumstances qualifying the killing to murder.
(3) The killing does not constitute parricide or infanticide.

The circumstances that qualify the killing to murder must be alleged in the information as otherwise the killing may be considered
as merely homicide.

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.

The elements of parricide are:

(1) A person is killed by the accused.
(2) The person killed is the father, mother or child (not less than three days old), whether legitimate or illegitimate, or the
ascendant or descendant or the spouse of the accused.
 The relationship with the other ascendant or descendant (grandfather or grandson) must be legitimate. The spouse killed
must be legitimate wife or husband. But the father, mother or child may be legitimate or illegitimate. If the child killed is less
than three days old, the crime is infanticide.

Responsibilities of a Homicide Investigator

1. Homicide investigator when called upon to investigate a violent death, stand on the dead man’s shoes, to produce his
instincts against those suspects. Consequently, the zeal, enthusiasm and intelligence the investigator brings in the
case marks the difference between a murderer being convicted or set free.
2. If the investigator interprets an accidental death as due to natural death and wisdom or the family may be deprived of
benefits and other properties which the deceased have sacrificed to obtain.
3. If he interprets a criminal death as accidental or natural, a guilty person is otherwise set scot free.

Note: Remember that the police is the first line of defense in the effective application of criminal justice.

A. The Primary Job of the Investigator

1. To discover whether an offense has been committed under the law.

2. To discover how it was committed.
3. Who committed it and by whom it was committed.
4. When it was committed.
5. And under certain circumstances why it was committed.

B. Mistakes in Homicide Investigation

1. The mistakes of the homicide investigator can not be corrected.

2. The homicide investigator should not cross the three bridges, which he burns behind him. It is important that competent
personnel adequately handle the case.
The following are the three bridges:

A. The dead person has been moved.

It is therefore necessary that photographs be taken, measurements made, fingerprints taken and other necessary
tasks to be first carried out.
B. The second bridge is burned when the body is embalmed.
Embalming destroys traces of alcohol and several kinds of poison. If poisoning is suspected, the internal organs should
be removed.
C. The third bridge is burned when the body is burned or cremated.
The exhume body is difficult and expensive. The lapse of time make s the examination doubtly difficult and a
conclusion is hard to arrive at. Cremation destroys body itself.

C. The Medico-Legal Autopsy

1. The real beginning of any homicide investigation should be to establish the cause of death accurately.
2. An autopsy should be performed at once when there is the slightest reason to suspect the probability of homicide.
3. In general, it maybe stated that death has been caused by violence, an autopsy is always performed unless there is
adequate proof to the contrary.

The value of the Investigator in attending autopsies

During the conduct of autopsy, an investigator can observe first hand and ask questions pertinent to the case under
investigation. The medico-legal officer can explain the autopsy findings as they progress. As the results of the autopsy are
received by the investigator such information, if pertinent and requiring expeditious investigative attention, can be passed along
to the other investigators for immediate handling. When the investigator has a suspected weapon, comparison of the weapon
with the wound can be made. The officer present at the autopsy can be the liaison with the investigation team working on the
case and see that all evidence is obtained during the examination.
D. The Role of the Medico-Legal officer in Homicide Investigation
The determination of criminal responsibility in death has been developed into a specialized field of medical science
called forensic pathology. A pathologist can assist in homicide investigation by:
1. Documentation of all wounds, bruises, scratches, scars or other marks at the time of the autopsy.
2. Interpretation of findings based on medical facts.

Necropsy Report- It is a document stating the cause of death of the victim. This is the medico-legal report.

E. The Facts of Death

1. The first action of an investigator upon arriving at the crime scene of the homicide is the verification of death.
2. An individual is said to be dead in the medical sense when one of the three vital function is no longer performing within the
body:
a. Respiratory system
b. Cardiac Activity
c. Central nervous system activity
3. In the legal sense, death is considered to occur when all of the three above vital functions have ceased.

F. Presumptive signs and Test of Death

1. The following are few of the signs indicative of death:
A. Cessation of breathing and respiratory movement
B. Cessation of heart sounds
C. Loss of placing of nail beds when pressure is applied in the fingernails is released.

Suspended Animation
1. Cardiac activity, breathing and functioning of the nervous system may reach such a low-level activity that a homicide
investigator maybe deceived into an assumption of death.
2. The following conditions produced simulated appearance of death:
1. electric shock
2. prolonged emersion
3. poisoning from narcotic drugs
4. barbiturate poisoning
5. certain mental diseases

The Importance of Establishing the Identification of Homicide Victims

The identification of the victim is an important investigative step for the following reasons:
1. It provides an important basis for the investigation processes since it may lead the investigator directly to other important
information leading to the solution of the crime.
2. The identity of the dead person provides the focal point/starting point for the investigators can then center their attention on
associates and haunts of the deceased.
3. The identity of the deceased may arouse suspicion in mysterious death since the victim maybe a person whose life had
been threatened or whose death was desired for criminal purposes.
4. The identification of the deceased can be traced or related to wanted persons or missing one.

Methods of Identification

a. DNA Analysis
b. Fingerprints - Fingerprint identification is the most positive and quickest method of ascertaining identity. However the
prints of the deceased may not be on file or may not be obtainable because of trauma, mutilation, incineration or
decomposition. The sole clue maybe bone, a skull or a few teeth.
c. Skeletal Studies - Examination of the skeleton may provide a basis for identification because of individual peculiarities
such as old fractures and presence of metal pins. Bones may also provide information about age, sex, and race.
d. Visual Inspection - Someone knowing the deceased person may recognize the victim. However, trauma, incineration,
or decomposition may render the features unrecognizable. In addition, a visual inspection without further verification
 has the advantage of possible subjective error or deliberate false identification. Visual inspection combined with
fingerprint evidence is a favored method for rapid identification.
e. Personal Effects - Identification of a victim by personal effects such as Jewelry, I.D. card, wallets, belts, shoes etc.
f. Tattoo and Scars - Identification scars, moles, tattoos, pockmarks or other markings may be helpful in identification,
particularly in conjunction with other findings.
g. Dental Evidences (Forensic Odontology) - Identification based on the examination of teeth (teeth charts, fillings, inlays
crowns, bridgework, dentures etc.) is valuable inasmuch as the teeth are probably the most durable part of the human
body. There are probably no two people alive with dentures that are completely identical in all respects. Dental
evidence is legally recognized and accepted, if properly presented in court.
h. Clothing - Articles of clothing containing cleaner’s mark, labels, initials, size, color, texture knitting, etc. have provided
investigators with the leads and even identification in most instances.
i. Photographs - Identification of victims has been made by publication in bulletins, circulars, television and other
distribution media, artist sketches, death mark and casts have likewise aided the police in identifying unknowns.

Investigative Leads

The problem of who did it is a simple on when the offender is caught in the act or apprehended in flight from the scene
the scene shortly after the crime. When the perpetrator is not promptly arrested, the direction of the investigation varies
according to whether the case falls into one of the two categories- known identities or unknown identity. Whenever investigators
encounter cases of the later, investigative leads now are necessary to attain the objective of criminal investigation.

Establishment of Motive to the killing

This will furnish a good clue in the solution of the crime. The investigator drawing from his ingenuity, experience and
availability of data, must base his investigation on a theory that rationally explains the fatal act. Note maybe done on the
following:

 Victims Background - very promising leads can be developed from the review of the background of the victim that can
provide the background of the victim which can give the pursuit defined goals.
 Modus Operandi - choice of particular crime to commit and the selection of a method of committing a criminal act that
forms the signature of the criminal give a clear lead on who might have committed the crime.
 Informants - are a traditional starting point in seeking basic leads. In fact informants sometimes offer data about an
unreported or undiscovered crime or one in its planning stage.
 Benefits - the question of who might benefit from the crime provides an excellent focus for making inquiry. The “benefit
factor” can provide investigative leads.
 Opportunity
 Knowledge - simply determining who might have knowledge of the crime to establish further information
 Approximate time of death
 Composite Sketches
 Photographs of Known criminals
 Voice Identification
 Polygraph testing
 Fingernail Scrapings
 Signs of Struggle
 Field Contact Report
 Motor Vehicle
ROBBERY AND THEFT INVESTIGATION

Robbery

The law on robbery in the Philippines can be found on the following articles of the Revised Penal Code:
Article 293

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.

Elements of Robbery:
1. Unlawful taking of personal property
2. The property must belong to another
3. The taking is done with violence against an intimidation of any person of force upon things
4. The taking is with intent to gain

Note the following:

 Article 294 – Robbery with violence or intimidation of persons

 Article 295 – Robbery with physical injuries committed in an uninhabited place and by
 band or the use of firearm on a street.
 Article 297 – Attempted and frustrated robbery committed under certain circumstances.
 Article 298 – Execution of deeds by means of violence or intimidation
 Article 299 – Robbery in an inhabited house or public building or edifice devoted to worship – Any armed person who
shall commit robbery in an inhabited house or public building or edifice devoted to religious worship – and if:
(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following means:
1. Through an opening not intended for entrance or egress
2. By breaking any wall, roof or floor or breaking any door or window
3. By using false key, padlocks or similar tools
4. By using fictitious name or pretending the exercise of public authority or if –
(b) The robbery be committed under any of the following circumstances:
1. By the breaking of doors, wardrobes, closets, or any other kind of locked or sealed furniture or receptacle.
2. By taking such furniture or objects away to be broken or forced open outside the place of the robbery.
 Article 302 – Robbery in an uninhabited place or in a private building
 Article 303 – Robbery of cereals, fruits or firewood in uninhabited place or private building.

Anti-Piracy and Anti-Highway Robbery Law of 1974

(Presidential Decree 532)

Piracy – Any attack upon or seizure of any vessel, or taking away of the whole or part thereof of its cargo, equipment or
the personal belonging of its complement or passengers, irrespective of value thereof, by means of violence against or
intimidation of person or foce upon things, committed by any person, including a passenger or member of the complements of
said vessel in Philippine waters, shall be considered as piracy. The offender shall be considered as pirates.

Highway Robbery/Brigandage – The seizure of any person for ransom, extortion or other unlawful purposes, or the
taking away of the property of another by means of violence against or intimidation of persons or force upon things of other
unlawful means committed by any person or any Philippine highway.
 Aiding Pirates or Highway Robbers/ Brigands or Abetting Piracy or Highway Robbers/Brigands – Any person who
knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving them information about the
movement of police or other peace officers of the government or acquire or receives property taken by such pirates or brigands
or indirectly abets the commission of piracy or highway robbery or brigandage, shall be considered as an accomplice of the
principal offender.

Anti-Cattle Rustling Law of 1974

(Presidential Decree 533)

Cattle Rustling – Is the taking away by any means, methods or scheme, without the consent of the owner/raiser, of any
of the above animals (cow, carabao, horse, mule or other domesticated member of the bovine family) whether or not for profit or
gain, or whether committed with or without violence against or intimidation of any person or force upon things. It includes the
killing of large cattle, or taking its meat or hide without the consent of owner/raiser.

Anti-Fencing Law of 1979

(Presidential Decree 1612)

Fencing is the act of any person; who, with intent to gain, for himself or for another shall buy, posses, keep, acquire,
conceal, sell or in any other deal on any articles, items, objects or anything of value which he knows to have been derived form
the proceeds of crime or robbery or theft.

Fence – include any person, firm, organization, association, or corporation or partnership and other organization who
which commits the act of fencing.

The Targets in Robberies

The selection of a victim and the place of the robbery are two basic keys to developing a pattern which will furnish
clues to a robbers identity. Data usually are correlated in the following areas:
1. Victim:
a. alone
b. in the company of two or three
c. in the company of four or more persons
2. Residence:
a. one family
b. multi family
c. motel – hotel (robbery of guest)
d. garage ( or other residence – occupancy shed or structure)
3. Street and highways
a. sidewalk
b. roadway
c. alley
d. publicly accessible area ( parks, parking lot, entranceway)
e. over and under pass
f. highways
4. Commercial (nonresidence)
a. bank
b. business office or off-street retail sales outlet (loan companies, pawnshops, jewelry store, etc.)
c. markets
d. liquor stores
e. other retail outlets
f. motel-hotel (robbery of manager/owner)
g. taverns (restaurants, bars, cafes)
h. delivery services (chicken, pizza, etc.)
i. drive-ins
j. service stations
5. Vehicles
 a. taxis
b. bus
c. trailer
d. passenger jeepney
e. victims personal car
6. Vessels:
a. inter island (passenger)
b. cargo
c. ferry
d. tugboats

Style and Tactics in Robbery Cases

The identification in an armed robbery case often relates to the tactics and style of the robbery. Robbery has been
categorized as having three styles:
(1) The ambush – is the least planned of all and is based on the element of surprise
(2) The selective raid – involves a minimum of planning but some casing of the robbery scene
(3) The planned operation – is carefully structured and the robbery group examines all aspects of the situation, plans for
all foreseeable constingencies.

Crime Partnership in a Robbery Group

Crime partners in a robbery group form a loose partnership, providing the skills for the various task necessary to carry
out different types of robberies. They participate in the planning of robberies as well as the basic decision as to whether or not a
certain target can be successfully robbed.
Crime partners usually are associates from spontaneous play groups in the underworld. Investigators assigned a single
robbery or series of robberies to investigate should search for “link-up” “connect-up” which will indicate the operations of a group.

Types of Robbers

1. Amateurs – motivated by greed, want, the desire for a thrill, or need for self-testing.
2. Professionals – are described as those persons who worked at robbery as a trade making it their living and having no
other means of income.

Technique Commonly Employed by Robbers – Means of Entry

The means of entry differs in various burglaries and are related to the skill of a robber. The various known means of
entry are:
1. The open door or window entry – the robber/s roams residence areas, apartments, and hotels looking for open doors
or windows.
2. The jimmy entry – the robber/s forces a door or window with an iron tool such as a tire iron, screwdriver, or small
crowbar or box opener.
3. The celluloid entry – the burglar forces open a door spring lock with a small piece of celluloid.
4. The stopover or human fly entry – the burglar is an aerialist, the stopover robber steps from a fire escape, balcony or
other building to a nearby window. The “human fly” robber can progress upward or downward or the sides of a building
to a selected point of entry.
5. Roof entry – the burglar breaks into a premises through a skylight or air conditioning duct or the roof or by cutting a
hole in the roof of a building or residential home.
6. The hide –in entry – the burglar hides in a commercial premises until all employees have left and then breaks out with
the stolen property.
7. The cut-in entry – the robber uses tools of various kinds to cut through the floor, ceiling, or wall of a store or office to
another store or office.
8. Hit and run – the robber breaks a window of a ground floor store and takes property from a window or nearby portions
of the premises, and flees before police can be alerted to the crime.
9. Key entry – the robber uses a key – the key may be given to him by an informant (finger-man) it may be stolen or the
burglar may obtain a duplicate or master key by various means.\
Methods of safebreaking

1. Punching- In this manner of entry a sledge hammer and a drift punch are used to knock the combination dial from the
safe and to drive the spindle back into the safe. This makes the release mechanism of the lock accessible and allows
the safe to be opened.
2. Pulling – A device similar to a gear or wheel puller is used to pull the dial or spindle completely out of the safe door and
thus allow the safe to be opened.
3. Peeling – This means of entry involves the prying off the outer surfaces of the safe door so that the locking mechanism
of the safe is exposed and can be pried open, allowing entry to the safe.
4. Drilling – One or more holes are drilled in the door of the safe to expose the lock mechanism allowing the safe-breaker
to align the lock tumblers manually and open the door of the safe.
5. Ripping – This is a battering of the top, bottom or sides of a safe with a chisel or other metal cutter, such as a ripping
bar the hydraulic ramming device used in a body and fender shop.
6. Burning – Use of oxygen/acetylene torch.
7. Blasting – Use of explosives
8. Carrying away.

Physical Evidence to be Collected

1. Footprints
2. Fingerprints
a. areas of break
b. closets – prints may be found in door and jambs
c. door knobs
d. dressers
e. pieces of furniture
f. bottles and glasses
g. walls
h. tools
i. desks
3. Clothings – sometimes the robbers exchange their own jacket with that one found
4. If a window was broken is effecting entry, glass particles may be present in the trouser cuffs and pockets of suspect.
Samples of broken glass should be collected for possible future comparison in the event that a suspect is picked up.
5. Paint- If a crowbar has been used to force the window, paint may adhere to the tool. Paint samples should be taken for
future comparison.
6. Tool marks
7. Tools
8. Some robbers are given to add behavior such as defecation on the floor, stealing fountain pen, eating candy or
drinking excessively from bottles found on the premises. The peculiarity of the behavior would be noted and check in
modus operandi index.
9. Cords and ropes use.
10. Firearms use.
11. Get-away vehicle.
12. Stolen articles/properties

Investigative Techniques in Robbery Cases

1. The investigator must initiate similar preliminary steps upon reaching the crime scene (discuss earlier or this note)
2. Determine the point of entrance and point of exit by the perpetrator.
3. Determine the value of stolen articles
4. The full and detailed description of the stolen articles.
5. Gather physical evidence.
6. Determine the modus operandi of the perpetrator as it would give leads in the identification and arrest of the suspect.
7. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of piracy.
8. Coordinate with other law enforcement agencies
9. Exploit investigative leads (discuss earlier on this note)
 10. Written testimony of the complainant witnesses.
11. Accumulate clues and traces at the scene of a crime which will serve to identify the offender.
12. Develop informants in the local underworld who are aware of the activity of robbery, particularly the activity of the semi-
skilled and amateur groups (usually the addict robber)
13. Conduct a surveillance of likely fences and uncover and trace back stolen property from its receiver to the robber.
14. Conduct surveillance of known burglars to ascertain if they are presently committing robbery
15. Accumulate information on various types of robber, the known and newcomers, whether they are in or out of prison,
whether they are active
16. Be alert on a modified modus operandi
17. In cases homicide is committed; follow the pattern of homicide investigation.

KIDNAPPING

Kidnapping - a word derived from kid, meaning child and nap (nab) meaning snatch, recorded since 1673, was
originally used as a term for the practice of stealing children for use as servants or laborers in the American Colonies .It has
come to mean any illegal capture or detention of a person or people against their will, regardless of age. Since 1768 the term
abduction has also been used in this sense.

Kidnapping for Ransom - Philippine jurisprudence defines kidnapping for ransom as “the unlawful taking and carrying
away of a person by force or fraud or against his will, or in any manner depriving him of his liberty for the purpose of extorting
ransom as payment for his/her release.”

This is punishable under the Revised Penal Code of the Philippines which provides that any individual who shall kidnap
or detain another, or in any manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death, if:

1. the kidnapping or detention shall have lasted more than five (5) days;
2. if it shall have been committed simulating public authority;
3. if any serious physical injuries shall have been inflicted upon the person kidnapped or detained, or if threats to kill him
shall have been made; and
4. if the victim shall be minor, female or public officer.

Modus Operandi in Kidnapping

Kidnapping activity varies with the capability and resources of kidnappers to do surveillance, safekeeping and
negotiation with their target group. One common thing all KFRGs, however is that they have a well planned strategy of abduction
process

Kidnappers usually start their activity in surveying trough an informer or sputter whose work is to locate targets for the
group. To facilitate the operation, a gang member is sometimes made to seek employment such as driver or household help or
have a business transaction to gain access and control of the victim. KFRG conducts a thorough study of background of their
victims, such as capability to pay and daily movements’ activities. Surveillance to establish routes is extensively carried out.

Perpetrators of kidnapping have some peculiar operational style that distinguishes one group from the other. Some
groups are contented with money given immediately by the victims' families/relatives while others are capable of prolonged
negotiations for a bigger ransom. Some groups are crude in executing their plan while others do it with precision and finesse
However, most cases of kidnapping particularly those undertaken by criminal groups, revealed the following stages:

1. Spotting. The first step in planning a kidnapping operation is to come up with a shopping list of three to four possible
targets that are capable of paying a huge amount of ransom. Targets are usually businessmen of Chinese descent.

2. Surveillance. Targets are then subjected to a thorough surveillance and investigation. The investigation focused on the
financial capability, home address and place of work, phone numbers, complete description of the vehicle being used,
travel routes, identities of household helpers, drivers and employees, and personal security of potential targets

3. Risk analysis and target selection. After a thorough investigation, the group selects one of the targets, which present a
lower risk and difficulty in ransom negotiation. In some cases, the group selects the one whom the group had gathered
 the information first. In order to enhance precision in their operation, some group send out members of the syndicate to
apply as drivers, employees, and household helps to gain further access on the target

4. Seizing of victim. The time allotted for forcibly taking the victim is usually two to three hours. The victim is usually
forcibly taken on his/her way to place of work or while going home after work. Most of the victims are successfully
intercepted while crossing road intersections or traveling along highly traveled streets.

5. Negotiation. Ransom demand may range from PhP1 million to PhP100 million, depending on the paying capacity of the
victim and the operational capability of the group. The weakest member of the victim's family is usually selected by the
syndicate to act as negotiator, warning the latter not to report the incident to the concerned police authorities.

6. Collection of ransom. After the ransom has been negotiated, the group will design a pay-off procedure. The ransom is
usually brought to a predesignated site. In some pay-off situations however, the ransom courier is usually instructed to
bring along a cellular phone for ease of communication during the actual pay-off. There were instances where couriers
were given a round-the-bush before reaching the final pay-off venue. Professional groups normally release the victims
after the pay-off had been secured.

Even with the “no ransom policy” of the government, it was noted that the victims' family easily give in to the demands
of the kidnappers, with minimum negotiations. Usually, kidnapping victims are released in 3 to 6 days, after ransom money has
been paid

For investigation of special crimes, please refer to SPECIAL CRIMES noted under the area on Criminal Jurisprudence.