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SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

SPECIALIZED CRIME
CDISCI1 INVESTIGATION WITH LEGAL
MEDICINE

A Self-regulated Learning Module


Table of Contents
Cover Page 1

Table of Contents 2

Introduction to Module 4

MODULE

1 CONCEPTS AND NATURE OF SPECIAL CRIME INVESTIGATION

Objectives 5

Pre-test Questions 5

Lesson Contexts 5

Activity No. 1 10

Post-test Questions 11

2 CRIME SCENE INVESTIGATION

Objectives 16

Pre-test Questions 16

Lesson Contexts 16

Activity No. 2 26

Post-test Questions 27

3 INVESTIGATION OF CRIMES AGAINST PERSON

Objectives 30

Pre-test Questions 30

Lesson 1 Concepts and nature of investigation of crimes against person 30

Activity No. 3 30

Lesson 2 Medico legal investigation of death 35

Activity No. 4 41

Lesson 3 suicide, death by strangulation and death due to drowning 42

Activity No. 5 45

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Post-test Questions 46

4 RAPE INVESTIGATION

Objectives 49

Pre-test Questions 49

Lesson Contexts 49

Activity No. 6 56

Post-test Questions 57

5 INVESTIGATION OF CRIMES AGAINST PROPERTY

Objectives 58

Pre-test Questions 58

Lesson Contexts 58

Activity No. 7 64

Post-test Questions 65

Evaluation of the Course 68

References 69

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THE MODULE
Course Code : CDISCI1

Course Title : Special Crime Investigation/Specialized Crime Investigation with Legal Medicine

Course Description : This subject is a special study of modern techniques in the investigation of serious crime against
person and crime against property. 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.
It primarily deals with the Basic concepts of special crime investigation, Scientific approach and procedures in
conducting crime scene search, sketch, collection and care of physical evidence on special cases, Proper documentation
of crime scene investigation and techniques involving special cases, Methods and techniques in identifying deceases
victims, persons, etc., Collection, handling, and preservation of physical evidence on special or high profile cases and
Special approaches and techniques in the investigation of special cases involving persons, properties, and other high
profile cases

Requirement of the Course:


1. Enrolled students shall register on a GC for the class and shall give his/her contact number to the
Instructor concerned.

2. Enrolled students are all expected to read and comprehend all the parts of the modules. More specifically
the lesson context shall be read more than twice by the students for understanding.

3. Students must answer all the pre-test, activity per modules and the post-test question.

4. Each activity shall be submitted on the manner and date stated by the Instructor thru the Group chat. In
case of no availability of the internet connections, all activities shall be compiled by the students and shall
be submitted before the end of the term.

5. Innovative/OBE output shall one of the major requirements for the course where the students shall be
able to make a sample case folder or investigative reports of a case presented.

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MODULE 1
BASIC CONCEPTS AND PRINCIPLES OF SPECIAL CRIME INVESTIGATION
Module 1 covers the concepts and principles of special crime investigation, the functions of criminal investigators
and the basic procedures and guidelines done by investigating team.

Objectives: In this chapter, the students shall be able to:


1. explain the basic concept of special crime investigation;
2. know and understand the functions of criminal investigators
3. know the investigative procedure done by investigating Team

Pre-test: Answer the following questions briefly. Write your answer/s on the space provided after each question.

1. What is crime in legal context?

2. Who is a Criminal Prober?

3. When will Criminal Investigation commence?

LESSON CONTEXTS:

Concept of Special Crime Investigation


Special Crime Investigation deals with the study of major crimes based on the application of special investigative
technique.
The study concentrates more on physical evidence, its collection, handling, identification and preservation in
coordination with the crime laboratory. Special Crime Investigation involves a close relationship between the prober in the
field and the crime laboratory technician. They work together as a team, reacting to and extending one another’s theories
and findings both working patiently and thoroughly to solve a crime from their investigative discoveries.
The present criminal justice system in our country, the court relies more on physical evidence rather than extra-
judicial confession.

DEFINITION OF TERMS
1. Special Crime Investigation - is a special study of modern techniques in the investigation of serious and specific
crime. 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.

2. Custodial Investigation - investigation conducted by law enforcement officers after a person has been arrested
or deprived of his freedom of action. It includes invitation to a person who is investigated in connection with an
offense.

3. First Responder - refers to a Police Officer who is the first to arrive at the crime scene to provide initial police
actions on the information or complaint received.

4. Inquest Proceedings - is the informal and summary investigation conducted by a public prosecutor (called the
inquest prosecutor) in criminal cases involving a person arrested, without the benefit of a warrant issued by the
court, and thereafter detained, for the purpose of determining whether or not the warrantless arrest is valid, said
arrested person should remain under custody, and be correspondingly charged in court.

5. Investigator-on-Case (IOC) - is the police officer who determines the cause or motive of the crime, identify and
interview witnesses, and effects arrest of suspect/s.

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6. Corpus delicti - (latin for the body of the crime) - used to describe the physical or material evidence that a crime
has been committed. ex. corpse of a murder victim.

7. Confession - is an express acknowledgement by the accused in a criminal prosecution of the truth of his guilt as
to the offense charge.

8. Admission - refers to statement of facts not directly constituting an acknowledgement of guilt.

Criminal investigation
- is a branch of jurisprudence that uses scientific theories and principles, including time-tested philosophical analysis,
to uncover, collect and process facts then develop information that can lead the mind of any sensible person to see
the truth.
- Applying practical and scientific knowledge to solve a crime is, however, sanctioned by rules and protocols. These
rules are integrated in the criminal law. In effect, criminal investigation entails the enforcement of criminal law with
the ultimate objective of promoting justice.

According to the PNP Manual, Investigation is the collection of facts to accomplish a three-fold aim:
a. to identify the guilty party;
b. to locate and apprehend the guilty party; and
c. to provide evidence of his guilt.

Basic Functions of Criminal Investigators


An inexperienced Criminal Investigator is a dangerous or potent weapon for injustice. Thus, Chiefs of investigation unit
must avoid the danger by selecting and training their criminal investigators. Men imbued with the sense of fairness and justice
shall be the basic criteria. For the tools of this art if in the hands of the experienced investigator who are devoid of the sense of
fair play and justice are more dangerous than the inexperienced investigators.
The criminal investigator is an artist in his chosen field and who had honed his skills to produce the finest work of art by
busting blank wall cases. Criminal Investigators are the creams of the police organization. They are removed from the stratum of
the ordinary policemen and they belong to the realm of police intellectuals. Hence, their selection must be based not only on
qualification but competence and nothing else.
His character must have the strong foundation of fairness and justice, which could not be compromised, with the
temptations of money, women, earthly rewards, pressures and influence. He must have the courage to stand tall in the midst of
this situation. He must be aware that his being just and fair to whosoever are the greatest divine gifts. His only Consolation is
the feeling that he is instrumental for the wheels of justice to bring equally to the poor and the rich. In his private life or in the
solitude of his retirement, he shall be comforted with the thought that he had never sent an innocent person to the gallows.
When there is failure to observe the strict standards and qualities during the criminal investigation and the case is
brought before the prosecutor and later before the judge or court, it would contribute to the margin of judicial error, which results
to the conviction of the innocent. Majority of these cases of this nature was finally reversed by the Supreme Court and the
innocents were set free. They were finally released after ten years of incarceration. This is still injustice.
What about those very few innocents whose sentences were affirmed by the Supreme Court and there were executions
by lethal injection.
What do criminal investigators do?
1. First and foremost, they provide emergency assistance.
2. They then proceed to secure the crime scene.
3. They photograph, videotape, and sketch the scene; take notes and write reports; search for, obtain, and process
physical evidence;
4. obtain information from witnesses and suspects; and identify suspects.
5. Other aspects of their job entail conducting raids, surveillances, stakeouts, and undercover assignments, and
testifying in court.

Effective Criminal Investigators


1. Effective criminal investigators obtain and retain information; apply technical knowledge; and remain open
minded, objective, and logical.
2. They are also culturally adroit and skilled in interacting across gender, ethnic, generational, social, and political
group lines.

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3. They are emotionally well balanced, detached, inquisitive, suspecting, discerning, self-disciplined, and
persevering. Additionally, they are physically fit and have good vision, acute hearing, and a high energy level. It
also helps if they have a nosey nature.

In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of
investigation, namely:

1. what specific offense has been committed;


2. how the offense was committed;
3. who committed it;
4. where the offense was committed;
5. when it was committed; and
6. why it was committed.

INVESTIGATOR’S NOTEBOOK
a. Purpose:
1) Considering the mass of details and the number of cases which in some instances an investigator is handling, it is
very possible that he might forget some details.
2) Many of the details associated with the investigation, while not essential to the report, might become points of
interest to the court when the case is brought to trial.
3) Experienced investigators employ a notebook to record the relevant details of the case. During trial, the court
allows investigators to consult their notes to refresh their memory.

b. Recording Note:
a. . Again, this should jibe with the objectives of the lesson.
1. Assessment – This could be short quiz, learning journal or even an assignment. If quiz is desired then
include the questions.
*Take note that if there are activities or performance tasks they could be placed either under the check for
facts and understanding or assessment.
*If performance tasks are required, the RUBRICS to be used should be placed.

DUTIES AND RESPONSIBILITIES OF THE INVESTIGATING TEAM


a. Take full control of the crime scene to include the conduct of crime scene search; taking of photographs; making
sketches; lifting of fingerprints; markings of physical evidence; (Chain of custody) the transmittal of evidence to crime
laboratory; interview of witnesses; gathering and evaluation of evidence; follow-up of the case and the documentation and
filing of appropriate charges in court.
b. Establish a command post in the immediate vicinity of the crime scene;
c. Designate a holding area in the immediate vicinity of the crime scene (for the media, VIP‟s and other personalities
present);
d. Conduct case conference with the first responder, SOCO, other law enforcers and rescue personnel;
e. Note any secondary crime scene (if situation requires); and
f. Release the crime scene after investigation.

Investigation of Suspects

a. Procedures when arrest is made


1. Secure the person arrested (handcuff at the back);
2. Inform the arrested person on the cause of his arrest and his rights as provided for in the Constitution;
3. Conduct thorough search for weapons and other illegal materials against the suspect/s;
4. Use reasonable force in making arrest;
5. Confiscated evidence shall be properly documented and marked;
6. Bring the arrested person to the Police Station for investigation.

b. Booking procedures of the Arrested Person/Suspect

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1. The arrested suspect shall be fingerprinted, photographed and subjected to medical examination to include liquor and
drug tests.
2. Conduct record check.

Taking of Sworn Statements of Suspects


The execution of a suspect‟s “WAIVER” as stipulated in Art 125 of the RPC shall always be done in the presence of his
chosen counsel or any independent counsel.

TWO SPECIAL LAWS GOVERNING THE RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION AND
INTERROGATION
A. REPUBLIC ACT NO. 7438
B. REPUBLIC ACT NO. 9745

RIGHT OF PERSON UNDER INVESTIGATION


A. Right to Remain Silent
B. Right to Counsel
C. Right against Torture
D. Right against Secret Detention, Solitary Confinement or Incommunicado.
E. The Right to Physical, Medical and Psychological Examination before and after custodial investigation
and interrogation.

Taking of Sworn Statement/s of the Witnesses


a. Sworn Statement or Affidavit of complainant/s and witness/es must be taken immediately by the investigator-on-case.
b. Affidavit of Arrest of arresting officers must be taken immediately not later than 24 hours.
c. In Inquest cases, the investigator-on-case and the arresting officer/s shall observe Art. 125 of the RPC.

Preparation of Reports and Filing of Charges


The Investigator-On-Case shall submit the following:
a. Spot Report within 24 hrs to HHQ;
b. Progress Report;
c. After Operation Report;
d. Final Report after the case is filed before the prosecutor‟s office/court; and
e. Accomplishment Report.

TOOLS OF AN INVESTIGATOR IN GATHERING FACTS


a. Information – Data gathered by an investigator from other persons including the victim himself and from PEOPLE and
THINGS.
b. Interview – Skillful questioning of witnesses.
c. Interrogation- Skillful questioning of a hostile and reluctant witness and suspect.
d. Instrumentation – Scientific examination of real evidence, application of instrument and methods of the physical
sciences in detecting crime.

PHASES OF INVESTIGATIONS
-The main objective of a police investigator is to gather all facts in order to:
Phase 1.INITIAL/PRELIMINARY PHASE OF INVESTIGATION
• It involves the first exposure of the criminal offense to the investigative process.
• It serves as the foundation for the case.
• FR to be provided aid to the victim, to secure the crime scene for later investigation, and to begin documenting
the facts of the crime.

Purpose- Identify the suspect/s through


(1) confession;
(2) eyewitness testimony,
(3) circumstantial evidence; and
(4) associate evidence;
Focus- Crime Scene Investigation

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Locus- Crime Scene
Phase 2. FOLLOW/IN-DEPTH PHASE OF INVESTIGATION
• The in-depth inquiry begins with a general reexamination of all facts, leads and other types of information secured
during the preliminary investigation.

• The PROBER must determine if the Preliminary Investigation was complete :


1. Was the crime scene processed in a proper manner?
2. If the suspect was arrested, was the arrest legally competent?
3. What type of examination is to be requested for evidence collected
4. Are the identifying data concerning victims and witnesses correct?
5. Has the preliminary officer been contacted in regard to leads or areas of inquiry not found in the formal
preliminary report?

Purpose-Locate and apprehend suspect/s.


Focus- a. Extensive interview
b. Custodial investigation.
c. Custodial interrogation.
d. Crime Reconstruction
a. Deductive
b. Inductive
e. Surveillance
f. Raid
g. Undercover

Phase 3. FINAL/CONCLUDING INVESTIGATION


Purpose - Provide evidence to establish the guilt of the accused.
 In proving the guilt of the accused in court, the fact of the existence of the crime must be established.
 The accused must be identified and associated with the crime scene.
 Competent and credible witnesses must be available
 The physical evidence must be appropriately identified.
 The investigator must know by heart the elements of a specific crime.

Note: The data of the investigation should be recorded in a complete, accurate and legible fashion so that in the event
another investigator is required to assume responsibility for the investigation, he can make intelligent use of the notebook.

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Activity No. 1
Name: _ Date:
Subject/Schedule: Score:
Instruction: Answer the following questions in a brief but complete manner. Use the space provided after each questions.
1. Discuss the importance of the five (5) W’s and one (1) H in Special Crime Investigation.

2. As a prober, what are the fundamental things you should always consider during investigation?

3. What are the basic importance of the tools of Investigation in Special Crime Investigation?

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Module 1- Post-test Questions

Name: _ Date:
Subject/Schedule: Score:

Instruction: Read each question carefully and select the correct answer by ENCIRCLING the letter of your choice.
Encircle only one letter. Avoid erasures and/or overwriting your answers. They are considered wrong.

1. Refers to the person who collects facts to identify and locate the guilty party and provide evidence for his
guilt.
A. Police
B. Prober
C. Investigator
D. Criminal Investigator
2. The process of ascertaining the circumstances of the crime and proof include the physical reproduction of
the position of articles and person during occurrence.
A. Crime Reconstruction
B. Brain Storming
C. Case Conference
D. Breifing
3. Refers to anything having physical quality, tangible article or matter either large or microscopic, which tends
to prove or disprove a point under investigation or reconsideration.
A. Evidence
B. Physical Evidence
C. Object evidence
D. Trace Evidence
4. This is one of the most crucial steps in kidnap for ransom cases which is often overlooked. The objective is
to identify and interview in person all individuals in the area where the victim was kidnapped or last known
sighting area during the window of opportunity. (last time seen until the time discovered missing.
A. Background Investigation
B. Profiling
C. Neighborhood Investigation
D. Kidnap for Ransom Investigation
5. It is used to describe the physical or material evidence that a crime has been committed.
A. Crime
B. Coprus Delicti
C. Modus Operandi
D. Evidence
6. Refers to an express acknowledgement by the accused in a criminal prosecution of the truth of his guilt as to
the offense charge during interrogation.
A. Confession
B. Extra-Judicial Admission
C. Judicial Admission
D. Extra-Judicial Confession

7. A police collection of pictures or photographs of criminals and suspects kept for identification purposes. A
compilation of descriptions, methods of operation having places and names of criminal and their associates.
A. Mug Shots
B. General Photograph
C. Portait Parle
D. Roques Gallery
8. Refers to a branch of jurisprudence that uses scientific theories and principles, including time-tested
philosophical analysis, to uncover, collect and process facts then develop information that can lead the mind
of any sensible person to see the truth.
A. Investigation
B. Special Crime Investigation

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C. Crime Reconstruction
D. Criminal Investigation
9. An inexperienced Criminal Investigator is a dangerous or potent weapon for
A. injustice
B. Justice
C. Unsuccessful investigation
D. inefficiency
10. Aside from competency, this is considered as the basic criteria in the selection of good investigators.
A. Men imbued with the sense of fairness and justice
B. Men imbued with the sense of Humor and justice
C. Men imbued with the sense of competency and injustice
D. Men imbued with the sense of freedom and justice
11. They are an artist in his chosen field and who had honed his skills to produce the finest work of art by busting
blank wall cases and are the creams of the police organization. They are removed from the stratum of the ordinary
policemen and they belong to the realm of police intellectuals.
A. Police
B. Prober
C. Investigator
D. Criminal Investigator
12. What are the added rights under the Miranda Rights based on the anti-torture act of 2009?
1. Right to Physical Examination
2. Right to Medical Examination
3. Right to Psychological Examination
4. Right to Communication Examination
A. 1, 3, and 4
B. 2, 3, and 4
C. 1, 2, and 4
D. 1, 2, and 3
13. What specific land mark case laid down the doctrine on Miranda rights?
A. US vs. Miranda
B. Miranda vs. Ohio
C. State of Arizona vs. Miranda
D. Miranda vs. State of Arizona
14. As a future prober, what rights is indispensable at every stage of Custodial Investigation?
A. Right to remain silent
B. Right against torture
C. Right to Communication
D. Right to counsel
15. A crime has been reported and you were tasked to proceed at the scene. Upon arrival at the scene you noticed the
perpetrator holding a gun sitting in front of the two victims lying unconscious who sustained gunshot wounds. As
the first responder, what will you do first?
A. Render Medical Assistance to the victims
B. Neutralized and Arrest the perpetrator
C. Call for Back-up
D. Shoot the perpetrator
16. What is the first foremost responsibility an investigator arriving first at the scene in shooting incident?
A. to look for witnesses
B. to look for evidence
C. to provide emergency assistance to injured person
D. to interview witnesses and suspect
17. What is primary reason on why investigators go to court?
A. To file a complaint/ Information
B. To be familiar with the Judge
C. To seek advice from the judge
D. To testify in court
18. As a probe/prober, what should you always have with you?

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A. Camera
B. Gun Camera
C. Notebook and a pen
D. Tape Recorder
19. As a future criminologists and investigator, can you interrogate a witness?
A. Yes, upon informing him of his Miranda rights
B. No, interrogation is applied only for suspects
C. Yes, if he is a reluctant, hostile/deceitful witness
D. Yes, if the witness gave his consent
20. You are the investigator on case where the uneducated suspect who is under custodial investigation confesses,
what shall you do?
A. Let him rights and signed his confession
B. Provide him with a lawyer
C. Get his confession and let him sign it in the presence of witness
D. Advise him of his Rights
21. Experienced investigators use this to record the relevant details of the case. During trial, the court allows
investigators to consult their notes to refresh their memory.
A. Notebook
B. Tickler
C. Investigators Notebook
D. Record Book
22. Although circumstances at the crime scene may dictate the criminal investigator’s priorities, the investigator
must be guided with his priorities in order;
1. Handle emergencies: save life, apprehend suspects, and request assistance.
2. To secure the scene.
3. To investigate.
A. 2, 1 and 3
B. 1, 3 and 2
C. 2, 3 and 1
D. 1, 2 and 3
23. The first primary duty an officer assigned as the first responder is to:
A. Proceed to the crime scene to validate the information received
B. Record the exact time of arrival and all pertinent data regarding the incident in his issued pocket notebook
and notify the TOC.
C. Cordon off the area and secure the crime scene to preserve its integrity
D. Check whether the situation still poses imminent danger and call for back up if necessary
24. One of the duties and responsibilities of a first responder is to take the “Dying Declaration” of severely
injured persons with the following requisites:
1. That death is imminent and the declarant is conscious of that fac.;
2. That the declaration refers to the cause and surrounding circumstances of such death.
3. That the declaration relates to facts which the victim is competent to testify to.
4. That the declaration is offered in a case wherein the declarant‟s death is the subject of the inquiry.
A. 1, 3 and 4
B. 1, 2, and 4
C. 1, 2, 3 and 4
D. 1, 2, and 3
25. In reference to the Field Investigation Manual of the PNP, FIRST RESPONDER, the four main tasks of the
first officer on the scene in chronological order is:
1. To give first aid;
2. To apprehend the suspected offender;
3. To protect and if necessary collect and preserve evidence; and
4. To cordon off and protect the area.
A. 1, 3, 2 and 4
B. 2, 1, 3 and 4
C. 1, 2, 3 and 4
D. 1, 2, 4 and 3

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26. One of the following is not included in the Duties and responsibilities of the Investigating Team.
1. Take full control of the crime scene to include the conduct of crime scene search
2. Gathering and evaluation of evidence and follow-up of the case and the documentation and filing of
appropriate charges in court.
3. Establish a command post in the immediate vicinity of the crime scene.
4. Designate a holding area in the immediate vicinity of the crime scene (for the media, VIP‟s and other
personalities present).
5. Conduct case conference with the first responder, SOCO, other law enforcers and rescue personnel;
A. 1, 2 and 3
B. 2 and 4
C. 1 and 3
D. None of the above
27. In the Investigation of Suspects when arrest is made, the person arrested
A. must be secured and handcuff in front
B. must be secured and transported
C. must be secured and liquidated
D. must be secured and handcuff at the back
28. The standard operating procedure in making arrest is
A. Position, Handcuff, Miranda Rights and Search
B. Position, Miranda Rights, Handcuff, and Search
C. Position, Handcuff, Search and Miranda Rights
D. Miranda Rights, Position, Handcuff and Search
29. Under the booking procedures of the Arrested Person/Suspect, the arrested suspect shall be
A. Fingerprinted
B. Photographed
C. Subjected to medical examination
D. all of the above
30. You are the investigator on case where the suspect wanted to proceed with the questioning wants also to
execute WAIVER of rights under custodial investigation and interrogation, what shall you do.
A. Inform him of the nature and effects of his waiver and start to question him.
B. Let him write and signed his waiver and proceed with the investigation
C. Explain him the effects and his waiver that must be reduced in writing signed by him in the presence of a
lawyer and witnesses.
D. Make the waiver and commence with the investigation.
31. The Affidavit of Arrest of arresting officers must be taken immediately by the investigator on case ;
A. not later than 24 hours
B. not later than 12 hours
C. not later than 72 hours
D. not later than 48 hours
32. In the Preparation of Reports and Filing of Charges, the Investigator-On-Case shall submit the following,
except:
1. Spot Report
2. Progress Report
3. After Operation Report
4. Final Report after the case is filed before the prosecutor’s office/court
5. Accomplishment Report
A. 1 and 4
B. 3 and 4
C. none of the foregoing
D. 2, 4 and 3
33. You are the investigator who wants to gather information from victims and witness, what type of investigative
tool will you use
A. Interrogation
B. Instrumentation
C. Investigation
D. Interview

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34. During the course of investigation, you found out that the witness who came front to give his statement is
deceitful, what type of investigative tool you will use.
A. Interrogation
B. Instrumentation
C. Investigation
D. Interview
35. Refers to the Scientific examination of real evidence, application of instrument and methods of the physical
sciences in detecting crime.
A. Criminal Investigation
B. Instrumentation
C. Investigation
D. Interview
36. The main focus of the initial stage of investigative process is
A. to locate and apprehend the guilty party
B. to identify the guilty party
C. to gather and provide evidence for the guilty party
D. all of the above
37. This law is otherwise known as the Anti-torture Act of 2009.
A. Republic Act No. 9262
B. Republic Act No. 10575
C. Republic Act No. 7438
D. Republic Act No. 9745
38. The law which provides for the right of a person under custodial investigation and interrogation.
A. Republic Act No. 9262
B. Republic Act No. 10575
C. Republic Act No. 7438
D. Republic Act No. 9745
39. It is a well settled principle that once the evidence has been contaminated, it will lose its legal integrity and _.
A. use in court
B. proof
C. forensic value
D. legal value
40. Who said that ‘’ a criminal always leaves something and get something at the crime scene that is
incriminating hence, every contact leave a trace.
A. Archibald Rudolph Reiss
B. Trebilif Nawadat
C. Hans Gross
D. Edmond Locard

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MODULE 2
CRIME SCENE INVESTIGATION
Module 2 covers the procedures at the crime scene-duties and responsibilities in crime scene processing, the special
general soco procedures, the composition of soco team and their functions and the PNP general soco stages/procedures
at the scene

Specific Objectives; At the end of this module, the students must be able to:
2. know the main objectives of crime scene investigation;
3. explain the value of evidence in criminal proceedings;
4. identify and know the functions of each member of the scene of crime operatives;
5. know and explain the proper handling of evidence and ; and
6. demonstrate knowledge in actual mock-crime scene scenario the CSI process.

Pre-test: Answer the following questions briefly. Write your answer/s on the space provided after each question.
1. What is the main purpose of Crime Scene Investigation?

2. Who are the primary actors in Crime Scene Investigation?

LESSON CONTEXTS

CRIME SCENE INVESTIGATION

Introduction
Crime scene investigation (CSI) is the process of recognizing, searching, collecting, preserving, and documenting
physical evidence at the crime scene. It covers the process of identifying and interviewing witnesses and/or victims at the
crime scene, including on-the-spot arrest of suspects. This operation is sometimes referred to as to crime scene search
but CSI is more than searching the crime scene.
There are two primary objectives of crime scene investigation – to establish what happened and to identify the
responsible person/s. establishing what happened and identifying the perpetrators can be achieved by carefully
documenting the conditions of the crime scene and recognizing all relevant physical evidences. The ability to recognize
and properly collect physical evidence are both critical in solving and prosecuting violent crimes. In most cases, officer
who searches and protects a crime scene plays a critical role in determining whether physical evidence will be used in
solving or prosecuting violent crimes.

DEFINITION OF TERMS:
a. Crime Scene - A venue or place where the alleged crime/incident/event has been committed;
b. Crime Scene Investigation (CSI) - Is a comprehensive inquiry of a crime by conducting systematic procedure of
various investigative methodologies which involves recovery of physical and testimonial evidence for the purpose of
identifying the witnesses, and arrest of perpetrator(s) for prosecution. CSI shall technically commence upon the arrival of
the FRs and conclude with the lifting of the security cordon and release of the crime scene by the IOC;
c. First Responder (FR) – Are members of the PNP or other law enforcement agencies who are mandated and expected
to be the first to respond to calls for assistance in cases of incidents of crime. They generally refer to police officers who
have jurisdiction of the area where the incident or crime has taken place and will proceed to the crime scene to render
assistance to the victim and to protect and secure the incident scene;
d. Criminal Investigator – A Police Officer who is tasked to conduct the investigation of all criminal cases as provided for
and embodied under the Revised Penal Code/Criminal Laws and Special Laws. A well-trained, disciplined and
experienced professional in the field of criminal investigation duties and responsibilities;
e. Investigator-on-Case (IOC)/ Duty Investigator – Shall refer to any PNP personnel who is duly designated or
assigned to conduct the inquiry of the crime by following a systematic set of procedures and methodologies for the

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purpose of identifying witnesses, recovering evidence and arresting and prosecuting the perpetrators. The IOC shall
assume full responsibility over the crime scene during the conduct of CSI;
f. Scene of the Crime Operation (SOCO) – A forensic procedure performed by the trained personnel of the PNP Crime
Laboratory SOCO Team through scientific methods of investigation for the purpose of preserving the crime scene,
gathering information, documentation, collection, and examination of all physical and other forensic evidence;
g. After SOCO Report – It is a report rendered and prepared by the Team Leader of the PNP Crime Laboratory SOCO
Team which conducted the scene of the crime operations;
h. Crime Scene Search – Is a systematic method employed by the SOCO Team, if the nature of the case is sensational
or sensitive, and the IOC in the conduct of search in the crime scene and in the surrounding areas where the alleged
crime/incident/event has taken place for the purpose of finding and recovering evidence. There are several methods of
crime scene search which can be employed such as strip search, double strip search, spiral search, zone or quadrant
search, wheel method, etc.;
i. Evidence – The means sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth
respecting a matter of fact. These include but are not limited to documentary, testimonial, electronic and object
evidence, gathered in the course of the investigation;
j. Physical Evidence - Evidence addressed to the senses of the court that are capable of being exhibited, examined, or
viewed by the court. This includes but not limited to fingerprints, body fluids, explosives, hazardous chemicals, soil/burned
debris, bombs, electronic parts used in the commission of the crime;
k. Forensic Evidence - A form of legal evidence that can be used in a court of law to convict a person of a crime and as a
category of public presentation; and
l. Jurisdiction – The word “jurisdiction” as used in the Constitution and statutes means jurisdiction over the subject matter
only, unless an exception arises by reasons of its employment in a broader sense.

CRIME SCENE PROCESSING


Procedures at the Crime Scene-Duties and Responsibilities

A. First Responder
 Save and preserve life. Immediately request support from medical experts.
 Provide emergency first aid for those injured at the scene and evacuate them to hospital.
 Prepare to take the “Dying Declaration” of severely injured person if any.
 Arrest, detain, and remove any suspect present, if more than one (1), isolate them.
 Cordon the area to secure and preserve the crime scene.
 Prevent entry of persons into the cordoned area. Record information gathered and the arrival time.
 Conduct preliminary interview of witnesses to determine what and how crime was committed.
 Prepare to brief the investigator on the initial data gathered upon his arrival.
 Turn-over the crime scene to investigator-on-case

B. Investigator-on-Case (IOC)
 Assume responsibility over the crime scene upon arrival.
 Conduct assessment of the crime scene
 Organize and establish the On-Scene Command Post (OSCP)
 Conduct interviews and gather information. Jot down important facts and maintain record
 Conduct Crime Scene Investigation. Look for other witnesses
 Request for technical assistance in crime scene processing fm CL SOCO thru the TOC
 Brief the SOCO Team Leader (TL) on the initial information gathered about the crime incident.
 Documentation (Photography, Sketching note taking, videography)
 Collection handling of evidence by SOCO or Forensic Investigator
 Evaluate evidence and interrogation results at the Crime Scene
 Custody and Transport of pieces of evidence by designated Evidence Custodian
 Request laboratory examination of evidence as necessary
 Examination of the recovered physical evidence by PNP Crime Laboratory SOCO
 Ensure that appropriate inventory is maintained and provided.
 Release or lifting of the cordon at the crime scene is accomplished only after completion of the final survey and
proper documentation.

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 Release of the crime scene shall be in writing with the notion that there is only one chance to perform the job
correctly and completely.

C. SOCO Team of Crime Laboratory / Forensic Investigator


 Coordinate with the Investigator-on-case (IOC)
 Require written request for SOCO from the Investigator-on-case
 Preparation prior to the conduct of SOCO
 Crime Scene approach
 Preliminary Crime Scene Survey by the SOCO Team Leader with Investigator-on-case
 Narrative description of the Crime Scene
 Crime scene photography/videography
 Sketch of Crime Scene
 Detailed Crime Scene Search
 Physical evidence recording and collection
 Collection and evaluation of physical evidence with the IOC
 Brief the investigator-on-case on the result of the SOCO (for possible operational use).
 Final Crime Scene Survey by the Investigator-on-case and SOCO Team Leader
 Submit result of SOCO/Inventory of seized evidence to Investigator-on-case.
 Certify conclusion of SOCO and lifting of cordon by the IOC.
SPECIAL GENERAL SOCO PROCEDURES
In cases where the evidence gathered needs special processing due to significant or sensational cases, the
specialists from the Crime Laboratory shall be requested.

A. In bombing cases, the EOD personnel should first clear the area and declare it “secured” prior to entry of the
SOCO. The former, before entering the crime scene must submit to the latter for swabbing. All evidence collected must be
pre-cleared by the EOD prior to documentation.

B. IN SUSPECTED OR REPORTED CHEMICAL, BIOLOGICAL, RADIOLOGICAL OR NUCLEAR (CBRN) situations,


the SOCO shall directly coordinate with the Special Rescue Team of the Bureau of Fire and Protection before the
conduct of the crime scene investigation.

C. In mass victim situation, the SOCO, in addition to their function, shall act as the FR to the Interim Disaster
Victim Identification Task Group (IDVI TG) of the PNP Crime Laboratory. The IDVI TG shall immediately assess the
forensic specialists needed to be deployed at the crime scene and relay the requirements to the PNP Crime Laboratory
Headquarters.

d. The SOCO has motu proprio authority to direct all operating units involved in the police operation to submit
their respective personnel for forensic examination; their service firearms for ballistic tests; and other pieces of
evidence involved to expedite the investigation of the case.

SOCO ASSISTANCE
a. In cases where the crime scene needs special processing due to its significance or because of its sensational
nature, the Scene of the Crime Operation (SOCO) specialists of the Crime Laboratory shall be requested.
b. If the situation involves a clandestine drug laboratory, biological weapons, radiological or chemical threats, the
appropriate agency should be contacted prior to entering the scene.
1. Significant Cases:
A. Bombing Incident
B. Initiated terrorist activities
C. Raids, ambuscade, liquidation
D. KFR case
E. Armed Robbery of Banks and other
F. Financial institution
G. Calamity/Disaster
H. Massacre

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I. Heinous crimes (as defined by law)
J. Murder, Homicide, Arson, Rape with Homicide
2. Sensational Cases:
A. Elected Public Officials (Brgy Captain up to President of the RP)
B. Appointed public officials with the rank of commissioner,
C. secretary and undersecretary
D. Foreign diplomat
E. Any foreigner
F. PNP/AFP personnel
G. Former high-ranking government officials
H. Other prominent figures such as movie stars, sports stars, tri-media practitioners, prominent businessmen,
professionals, and prominent leaders of religious organizations.

SCENE OF CRIME OPERATION (SOCO)

COMPOSITION OF SOCO TEAM AND RESPONSIBILITIES


The SOCO team is composed of but not limited to the following depending on the nature of the case:

1. Team leader
a. Assume control of the crime scene. Ensure the safety of personnel as well as the victim and offenders
caught in the scene and secure the crime scene from kibitzers.
b. Conduct initial survey of the crime scene for evaluating potential evidence and narrative description of the
place.
c. Determine search patterns to be used and designate assignments to evidence gatherer.
d. Designate command post location in or near the crime scene and ensure exchange of information between
searcher and investigator.
e. Coordinate with other law enforcement agencies for the security of the victims, offenders/suspects and the
scene of the crime.
f. Ensure that sufficient supplies and equipment are made available for personnel involved in SOCO.
g. Control access to the scene and designate personnel to log persons entering the place and remove
Kibitzers in the area.
h. Continuously reevaluate efficiency of the search to ensure that all places are searched properly.
i. Release the crime scene to the investigators handling the case.

2. Assistant team leader


a. Shall assist the team leader in all his functions and responsibilities.
b. Assume/takeover the responsibilities of the team leader in his absence.

3. Photographer and photographic log recorder


a. Photograph the entire area of the scene with overall medium and close-up coverage using appropriate
scale.
b. Photograph victims, suspects/offenders arrested in the scene.
c. Photograph all evidence before collection.
d. Photograph all latent fingerprints, impressions before lifting or casting is made. Likewise, photograph
blueprint maps and other items.
e. Prepare photograph log and photographic sketch.

4. Sketcher
Perform all sketches necessary during the crime scene processing.

5. Evidence recorder/custodian
a. Prepare evidence recovery log and accomplish chain of custody of evidence.
b. Conduct packaging, preservation and transportation of gathered evidence to the Crime Laboratory.
c. Coordinate evidence nomenclature with sketcher, photographer and evidence gatherer.
d. Receive and record all evidence recovered.
e. Maintain custody and control of evidence.

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f. Observe the proper custody of evidence.
g. Coordinate transmittal of evidence to case investigators or to Crime Laboratory per agency guidelines.

6. Evidence recovery personnel


a. have significant evidence photograph before it is collected.
b. Keep team leader always apprised of significant evidence located.
c. Initial and date all evidence and turn it over to the evidence recorder/ custodian after noting where the item
was located
d. Coordinate evidence nomenclature with evidence recorder/custodian and sketch prepared.
e. Ensure that appropriate safety measures are adhered to especially with respect to proper clothing including
gloves.

GOLDEN RULE IN CRIME SCENE INVESTIGATION:


“Never touch, move and alter the position of any objects at the crime scene unless it has been properly
photographed, measured and sketched”

PNP GENERAL SOCO STAGES/PROCEDURES AT THE SCENE

1. PREPARATION AND APPROACH- THE ‘’ JUMP-OFF TIME’’ AND THE ‘’CRITICAL TIME’’
a. Get details of the incident. Check whether there is a need for a search warrant.
b. Prepare all the necessary equipment needed. Consider the safety of the SOCO members.
c. Take note of time of departure and time of arrival at the scene.
d. Make the formal request to conduct SOCO.
e. Establish the command post for communication, decision-making, temporary quarters of the SOCO team members.
Command Post- is and area adjacent to the crime scene where the SOCO conduct Briefing and case conference
between and among the first responders, IOC and SOCO members.
d. Begin documenting the scene and indicate everything from preparation to approach and everything done during the
scene processing.
e. Maintain a photographic log.

2. SAFETY AND EMERGENCY CARE


a. Check for neck and risk pulse is the victim is
1. Alive
a. Conscious
b. Unconscious
2. Dead

3. SECURE AND PROTECT THE SCENE


a. Cordon the crime scene using the crime scene barrier tape.
b. Never allow unauthorized person/personnel to enter the scene
c. Begin recording who enters and leaves the crime scene using the crime scene logbook.

4. PRE-SEARCH DOCUMENTATION
1. Conduct Preliminary Walk-Through- by TL-SOCO and IOC
a. Preliminary Survey must be conducted in a clockwise-pattern.
b. Photographer must acquire preliminary photographs during the preliminary survey

The purposes of preliminary survey are the following;


a. to identify and take note of the possible evidence to be encountered and collected.
b. to identify the point of entry, point of attacked and point of exit
c. to determine the possible search pattern to be used during crime scene search.
d. to determine the extent of crime scene search and crime scene boundary.

2. Photograph the crime scene and the evidence in three perspectives.


1. Begin photograph as soon as possible. Plan before photographing.

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2. Document the photographic effort with a photographic log.
3. Insure that a series of overall, medium and close-up views of the scene are established.
4. Photograph the scene in a clockwise pattern before altering the body's position or any other evidence within
the scene.
5. Photograph the scene from at least 4 opposite corners. This way, nothing is missed or hidden from view by
intervening objects. Always Photograph at Eye-Level.

“The Test of Legal admissibility of Photograph”


Standards used to review the credibility of Photograph are:
1. Accurate Presentation
2. Free from distortion
3. Material and Relevant-competent
4. Authenticated

It should include the following notations on the photographic Evidence


a. Case number
b. Description of the Photograph
c. F-STOP number
d. Shutter Speed
d. ASA/ISO Rating
e. Date of Photography
f. Place
g. Development Technique
h. Initial of the Photographer
i. Direction in which the camera was facing

5. SEARCHING THE SCENE


a. Use a determined search pattern by Team Leader.
b. Mark evidence with stand-up number and shadow the evidence.
c. Photograph the process and indicate the same in the photographic log.
d. Observe these four basic premises:
1. The best search options are typically the most difficult and time consuming.
2. You cannot “over-document” the physical evidence.
3. There is only one chance to perform the job properly.
4. Carry-out cautious search of visible areas, taking steps to avoid evidence loss or contamination
before conducting vigorous search at hidden/concealed areas.

Methods of Crime Scene Search


1. Strip method - the area is blocked out in the form of a rectangle. The searchers (3 person is good) proceed
slowly at the same pace along paths parallel to one side of the rectangle.
2. Double Strip Search Method - modification of the strip search method. The rectangle is traversed first parallel to
the base then parallel to a side.
3. Spiral Search Method - The searchers (3 person is good) follow each other along the path of a spiral beginning
on the outside and spiraling in towards the center.
4. Zone Search Method - one searcher is assigned to each subdivision of a quadrant and then each quadrant is
cut into another set of quadrants.
5. Wheel Search Method - the area is considered to be approximately circular. The searchers gather at the center
and proceed outward along radii or spokes. Procedure is repeated several times depending on the size of the
circle and the number of searchers.

6. POST-SEARCH DOCUMENTATION
a. Photograph the marked evidence in FOUR perspectives. Over-all, Mid-Range, Close-up and Close up with
measurement.
b. Use recognized scale device for size determination when applicable.
c. When the scale device is used, first take the photograph without the scale then next photograph is with scale.
d. Take photographs from eye-level to represent scene as it would be observed by normal view.

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e. Prior to lifting latent fingerprints, photograph should be taken 1:1, or use appropriate scale.

7. SKETCH and MEASUREMENT


SPECIFIC KINDS OF SKETCH
1. SKETCH OF LOCALITY =This gives picture of the scene, the crime and its environs, including such items such
as neighboring buildings, roads leading to the location or house. In arson cases, it aids in determining whether the fire
was cause by nearby inflammable property.
2. SKETCH OF GROUNDS = The sketch of grounds pictures the scene of the crime with its nearest physical
surroundings (e.g. house with a garden).
3. SKETCH OF DETAILS = The sketch of details describes immediate scene only. For instance, the room in which
the crime was committed and the details thereof. Cross projection method are details of the room wherein walls and
ceiling are pictures as if they are on the same place as the floor. This gives a clear impression of the scene in cases
where bloodstains or bullet holes are found in the walls or on the ceiling.

POINTS TO CONSIDER
1. To establish admissibility, the investigator must have personal observation of the data in question. In other words,
the sketch must be sponsored or verified.
2. REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to them.
3. Types of sketches
a. Floor plan or “bird’s eye-view”
b. Elevation drawing
c. Exploded view
d. Perspective drawings
4. Write down all measurements.
1. Fill in all the details on your rough sketch at the scene. Final sketch may be prepared at the office.
2. Keep the rough sketch even when you have completed the final sketch.
3. Indicate the NORTH direction with an arrow.
4. Draw the final sketch to scale
5. Indicate the PLACE in the sketch as well as the person who drew it. Use the KEY capital letters of the alphabet
for listing down more or less normal parts or accessories of the place, and numbers for items of evidence.
6. Indicate the position, location and relationship of objects.
7. Methods or systems of locating points/objects on sketch
a. Rectangular coordinates = measurements at right angles from each of two walls.
b. Coordinates constructed on transecting base line. Chose relatively fixed points for your base line.
c. Triangulation = Measurements made from each of two fixed objects to the point you want to plot or locate so
as to form an imaginary triangle. Sketch will show as many imaginary triangles as there are objects plotted.
12. Critical measurement, such as skid marks, should be checked by two (2) investigators.
13. Measurements should be harmony; or in centimeters, inches, yards, meters. Mixed in one sketch.
14. use standard symbols in the sketch.
15. Show which way doors swing.
16. Show with arrow the direction of stairways.
17. Recheck the sketch for clarity, accuracy, scale , title, key.

8. COLLECTION, PACKAGING, PRESERVATION OF EVIDENCE.


PHYSICAL EVIDENCE
1. CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained. It constitutes the
essential parts or elements in the commission of the crime.
2. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the crime
scene. The suspect may leave some clues at the scene such as weapons, tools, garments or prints.
3. TRACING EVIDENCE – articles which assist the investigator in locating the criminal.
Factors to be considered in introducing physical evidence in court:
1. Proof of identity - this implies that the investigator, who first found the object can testify that the
exhibit offered in evidence is the very same object he discovered and collected at the crime scene.
2. Chain of custody – the chronological accounting of continuous possession of a single piece of
evidence from the moment of its discovery up to its presentation in court. It is far easier to raised

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doubt concerning its handling by the different people who had access to the physical evidence, than
attempting to disqualify an expert witness whose findings are based on established laws of nature
and scientific principles.
3. Competency must be proven – The law of evidence prescribes that evidence must meet the
requisites of relevancy: materiality: and competency

Five stages in the collection, preservation, handling and disposition of physical evidence:
1. Collection-the process of gathering and recovering of physical evidence
2. Protection-it must be intelligently cared from the point of view of science in-law
3. Preservation-shall mean the process of keeping and preserving physical evidence for court
preservation.
4. Custody-is the physical control over a thing implying responsibility for its care and protection
throughout the duration of its possession.
5. Transmittal-the transmission of evidence to the laboratory from contributing agencies in the field
must be affected in a manner that will safeguard the evidence and expedite delivery.

General rules in the collection of evidence: (Five things to keep in mind)


1. Obtain it legally
a) Consented search
b) By virtue of search of warrant/ court order
c) Incidental to arrest
d) Witness on the finding
2. Describe it in your notes
a) Location, circumstances, how obtained
b) Date of finding
c) Chain of custody
d) How identified or marked
3. Identify it properly
e) Used initials and date of finding
f) Marked on evidence or on suitable container
g) Tag to facilitate inventory

4. Package properly
a) Use suitable container
b) Secure against leakage or seepage
c) Prevent from contamination, destruction or addition of extraneous characteristics

5. Maintain the chain of custody


a) Keep it short and on a need basic only
b) Secure from loss or damage
c) Transmit by safe hand courier

GENERAL RULES FOR THE COLLECTION AND PRESERVATION OF EVIDENCE


A. USE PROTECTIVE GLOVES.
1) If possible, avoid touching individual smears/traces. Remember that gloves can entail a risk of contamination.
2) Change gloves after handling each kind of material and otherwise as necessary.
3) Use disposable equipment for preliminary tests and collection of trace evidence.
4) Cover surfaces where materials are to be placed with protective paper. Keep victims‟ and suspects‟ clothes separate.
B. AVOID COUGHING OR SNEEZING ON EVIDENCE/MATERIALS.
C. PACKAGING OF BIOLOGICAL MATERIALS.
1) Use paper packaging for all biological materials or materials that are soiled with biological matter. Although plastic
bags are useful in many cases, they cannot be recommended for routine use on account of residual moisture.
2) Separate outer packages are to be used for trace evidence and for clothes from persons involved.
3) Do not mix materials/samples from different people, for example clothes, in the same parcel.
4) Fold the opening of the bag twice and seal with tape. Envelopes should also be sealed with tape.
D. SPECIAL PRECAUTIONS

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1) Make an explicit note if a person from whom material has been collected is suspected of having an infectious disease.
2) Prevent contamination by avoiding all contact between collected evidence and clothes seized from people.
3) Packages containing collected materials must not be opened until the examination in the laboratory is to
commence. The only exception is when moist or wet material must be dried out under normal room conditions.
a. Acceptable packaging containers (depending on the type of evidence) include:
1) Paper bags
2) Plastic bags (clear plastic is preferred for drug cases)
3) Boxes - sturdy cardboard
4) Manila envelopes
5) Small glass vials (typically arson and liquid drugs)
6) Metal cans (typically arson)
b. Acceptable seals
1) Tamper-proof evidence tape
2) Reinforced packaging tape
3) Heat seal
A package is considered as sealed if the contents are properly secured in place and the seal/container is
not tampered. Manila Envelope Clasps, Ziplock Bags And Staples Do Not Constitute An Acceptable Seal.
The person sealing the evidence shall place his initial or individual identifier across the seal or tape on the
package.

c. Information on each package should minimally include:


1) Name of the Agency
2) Agency case number
3) Item number
4) Date
5) The investigator’s identifier

d. Additionally, packaging of evidence should include:


1) Where the item was found
2) By whom
3) Date & time found
4) Description of item

9. FINAL SURVEY
Guidelines:
1. This survey is a critical review of all aspects of the earlier search already performed.
2. Discuss the search jointly with all personnel for completeness.
3. Double check documentation to detect inadvertent errors.
4. Check to ensure evidence Is accounted for before departing scene.
5. Ensure all equipment used in the search is gathered.
6. Make sure possible hiding places of difficult access areas have not been overlooked in detailed search.
7. Consider this critical issue: Have you gone far enough in the search for evidence, documented all essential
things, and made no assumptions which may prove to be incorrect in the future???

10. TURN OVER OF THE CRIME SCENE AND EVIDENCE.


Guidelines:
1. Release is accomplished only after completion of the final survey.
2. At minimum, documentation of release should indicate the following:
- Time and date of release
- To whom released
- By whom released
3. Ensure that appropriate inventory has been provided as necessary, considering legal requirements, to person to
whom scene is released.
4. Once the scene has been formally released, re-entry may require a warrant.

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5. Only the person-in-charge has the authority to release the scene. This percent should be known and adhered to
by all CSI personnel involved.
6. Consider the need to have certain specialist serve the scene before it is released (e.g. blood pattern analysts,
medical examiner)

11. RELEASE OF THE CRIME SCENE


1. The IOC shall decide on lifting the Security Cordon and Release the CS upon consultation, proper inventory, and
completion of Documentation process with SOCO.

2. The IOC or the COP shall turn over the scene to the private owner of the property or local person in case of public
place.

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Activity No. 2
Name: _ Date:
Subject/Schedule: Score:

Instruction: Draw a diagram or concept map of the whole crime scene investigation Process. Use the space below.

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Module 2-Post-test Questions

Name: _ Date:
Subject/Schedule: Score:

Instruction: Read each question carefully and select the correct answer by ENCIRCLING the letter of your choice.
Encircle only one letter. Avoid erasures and/or overwriting your answers. They are considered wrong.
1. Protocols for the Proper Collection, Handling and Preservation of Biological Evidence for DNA Analysis are/is:
A. Either
B. All forensic DNA specialists/technicians must strictly observe the established procedures in Crime Scene
Search.
C. The DNA Evidence Custodian should stay at the assigned post, near the crime scene arid maintains custody
and control of all pieces of physical evidence turned-over to him by the DNA specialists and technicians.
D. Document the location and condition of all pieces of physical evidence.
2. Which of the following is the first step to do upon arriving at the scene of the crime scene?
A. check for hazards C. check road condition
B. check casualties D. check for witnesses
3. The means sanctioned by the rules of law of ascertaining the truth, respecting a matter of fact is known as
A. Physical evidence C. corpus delicti
B. Evidence D. associative evidence
4. The identification established indirectly by proving other facts or circumstances from which, either alone or in
connection with other facts, the identity of the perpetrator can be inferred is called
A. Associative evidence C. cumulative evidence
B. Direct evidence D. circumstantial evidence
5. He is responsible in taking down notes in short hand the observations and descriptions during the search.
A. master note taker C. evidence man
B. assistant D. team leader
6. A method of search wherein the searchers follow each other along the path of a spiral, beginning on the outside
and spiraling in towards the center.
A. wheel method C. spiral method
B. zone method D. grid method
7. When a police officer finds a tool at the crime scene, he should first of all –
A.Pick it up for a closer examination, taking care not to jar
B. Wait until the crime scene has been sketched or photographed and measurements taken before he collects the
evidence
C. Immediately collect it and always send it to the Crime Laboratory for specific examination
D. Compare the following edge of the tool with impression to determine if this was the tool used in crime.
8. The primary reason for conducting a search in the crime scene is to –
A. Obtain obvious physical evidence
B. Ascertain the reasons for the crime
C. Undercover hidden evidence
D. Determine the criminal’s method of operation
9. Marking of evidence, as far as practicable, should be made on the item itself upon collection, in a place least likely
to affect the appearance of its –
A. Monetary value C. Monetary and evidentiary
B. Evidentiary value D. Integrity and identity
10. Upon receipt of call/walk-in complainants, the duty Desk Officer shall do the following, except:
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
A. 1 and 2
B. 2 and 3
C. 3 and 4
D. None of the above
11. Upon receipt of call/walk-in complainants, the duty Desk Officer shall do the following, except:

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1. Get the number of victim/s;
2. Record a brief synopsis of the incident
3. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first responder equipped
with “police line” to secure the place of incident a camera
4. Inform the duty investigator
A. 1 and 2
B. 2 and 3
C. 3 and 4
D. None of the above
12. At the crime scene, the First Responder shall do the following , except
1. check the condition of the victim while the other members of the first responders shall simultaneously secure
the area by putting a police line or any material (like rope, straw and etc).
2. If in the victim is in serious condition, bring the victim immediately to the nearest hospital using emergency
services
3. If the victim id dead, photograph and make a sketch of the victim
4. Get the dying declaration
13. At the crime scene, If the victim is not in serious condition, the First Responder shall do the followingt
A. Bring the victim immediately to the nearest hospital using emergency services;
B. Get the identity and other data of the victim;
C. Get initial interview from the victim
D. All of the above
14. At the crime scene, if the suspect is arrested at the scene, the prober shall do the following, except
1. Get the names of the persons who turned-over or arrested the suspect.
2. Isolate the arrested suspect/s and separate them from any probable witness of the incident.
3. Record what time the suspect was arrested.
4. Wait for the investigator to interview the suspect.
5. If the suspect volunteers any statement, take note of the time, location and circumstances of the statements.
A. 1 and 2 B. 3 and 4 C. 2 and 5 D. None of the above
15. Upon arrival at the crime scene, the probers shall
A. Receive the crime scene from the first responder.
B. Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and
type of lighting, direction of wind and visibility.
C. Photograph and/or video the entire crime scene.
D. All of the above
16. Upon arrival at the crime scene, the probers shall, do the following, except
1. Before entering the crime scene, all investigators must put on surgical gloves.
2. Before touching or moving any object at the crime scene in a homicide or murder case, determine first the
status of the victim, whether he is still alive or already dead.
3. If the victim is alive, the investigator should exert effort to gather information from the victim himself regarding
the circumstances of the crime, while a member of the team or someone must call an ambulance from the nearest
hospital.
4. Before removing the victim, mark, sketch and photograph his/her relative position.
A. 1 and 2 B. 3 and 4 C. 2 and 3 D. None of the above
17. Upon arrival at the crime scene, the probers shall, do the following, except
1. Designate a member of the team or ask other policemen or responsible persons to stand watch and secure the
scene, and permit only authorized persons to enter the same.
2. Identify and retain for questioning the person who first notified the police, and other possible witnesses.
3. Determine the assailant through inquiry or observe him if his identity is immediately apparent. Arrest him if he is
still in the vicinity.
4. Separate witnesses in order to get independent statements.
A. 1 and 2
B. 3 and 4
C. 2 and 3
D. None of the above
18. In homicide case, before the body is removed from the scene;
A. the position of the victim should be outlined with a chalk or any other suitable material.

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B. the victim’s body should be examine first.
C. the victim’s body should be subjected for post mortem examination
D. all of the above.
19. If the victim has been pronounced dead by a doctor or is obviously dead,
A. it is usually advisable to examine the body
B. examine the clothing and the area under the body after the remainder of the scene has been searched.
C. evaluate all objects of special interest in the light of all other evidence found at the scene.
D. all of the above
20. The Collection of Evidence at the crime scene is;
A. accomplished after the search is completed.
B. accomplished after the rough sketch finished.
C. accomplished after photographs are taken.
D. all of the above
21. In the collection of evidence, the following shall be observe, except
1. Fragile evidence should be collected as they are found.
2. All firearms found to have tampered serial numbers shall be automatically subjected to macro etching
3. The investigator places his initials, the date and time of discovery on each item of evidence for proper
identification.
4. Items that could not be marked should be placed in a suitable container and sealed.
A. 1 and 2
B. 3 and 4
C. 2 and 3
D. None of the above
22. Overall photos of the scene are taken to show
1. the approach to the area, street signs, and street light locations in relation to the actual scene,
2. street addresses
3. identifying objects at the scene.
4. every room in the house even if their relationship to the crime scene is not readily apparent.
A. 1 and 2
B. 3 and 4
C. 2 and 3
D. None of the above
23. In photographing the crime scene it is always done in
A. clockwise pattern
B. counter clockwise pattern
C. both A and B
D. Spiral pattern
24. In crime scene sketch, the sketcher must do the following, except
1. Write down all measurements.
2. Fill in all the details on your rough sketch at the scene. Final sketch may be prepared at the office.
3. Keep the rough sketch even when you have completed the final sketch.
4. Indicate the North direction with an arrow.
5. Draw the final sketch to scale.
6. Indicate the PLACE in the sketch as well as the person who drew it.
7. Indicate the position, location and relationship of objects.
A. 1, 3 and 2
B.2, 3 and 4
C. 2, 4 and 3
D. None of the above
25. In releasing the crime scene,
A. Ensure that appropriate inventory has been provided.
B. Release the scene with the notion that there is only one chance to perform job correctly and completely.
C. Release is accomplished only after completion of the final survey and proper documentation.
D. All of the above

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MODULE 3
INVESTIGATION OF CRIMES AGAINST PERSON
Specific Objectives: at the end of this module, the students shall be able to:
1. know the evidence needed in investigating crimes against persons;
2. know the requisites of each crime under crimes against person;
4. identify and know the importance of estimating the time of death;
5. know and explain the investigative procedure in crimes against person; and
6. discuss the procedure and manner in identifying a deceased person.

Pre-test: Answer the following questions. Use the space provided after each question/s.
1. What is Homicide Investigation?

2. What are crimes against persons?

LESSON CONTEXTS:
INVESTIGATION OF CRIMES AGAINST PERSON
LESSON 1
CONCEPTS AND NATURE OF INVESTIGATION OF CRIMES AGAINST PERSON
DEFINITION OF TERMS:
a. Case solved- A case shall be considered solved when the following elements concur: 1) the offender has been
identified; 2) there is sufficient evidence to charge him; 3) the offender has been taken into custody; and 4) the offender
has been charged before the prosecutor's office or court of appropriate jurisdiction.
b. Cold Case- for this purpose, it is defined as any criminal investigation by a law enforcement agency that the case at
hand has not been cleared or solved and which probative investigative leads have been exhausted, however, yielded
negative result or progress for six (6) months.
c. Heinous crimes — refer to crimes directed against politicians, elected government officials, government officials
appointed by the President, judges, prosecutors, IBP lawyers, media practitioners, militant party list members/leftist
activists, foreign nationals, and other persons through shooting, bombing, strafing, assault, and other violent overt acts
resulting in their death or incapacitation.
d. Informant — any person who furnishes information directly leading to or proximately resulting in the capture,
neutralization or surrender of persons who are suspects/accused in the commission of crimes.
e. Investigation Plan- serves as a working plan and strategy in the conduct of investigation to come up with a detailed
planning, preparation, implementation and monitoring among concerned offices/units for funding and other relevant
purposes.
f. Journal of the Case- pertains to the record of the daily progress of what has been done and accomplished in the
investigation of the case to include the minutes of case conferences and coordination with other offices/units.
h. On-Scene Command Post - refers to a temporary area established in the vicinity of a crime scene for the purpose of
coordinating all activities or actions relevant to the investigation of the case.
g. Sensational Crimes — refer to crimes directed against politicians, elected government officials, government officials
appointed by the President, judges, prosecutors, IBP lawyers, media practitioners, militant party list members/leftist
activists, foreign nationals, and other persons through shooting, bombing, strafing, assault, and other violent overt acts
resulting in their death or incapacitation that attract national/international public attention/scrutiny.
h. SITG - refers to the Special Investigation Task Group created whenever a major case or crimes of violence occur. It
shall be organized either at the regional or provincial/city police offices, or at the highly-urbanized cities depending on how
sensational or heinous the crime was, and/or upon order/direction of the CPNP.
i. Surveillance - is a clandestine form of investigation which consists of keeping any person, place, under physical
observation in order to obtain evidence and information pertinent to the purpose of the investigation.
j. Witness — any person who has personal knowledge of the crime or violence committed against politicians/elected
government officials/government officials appointed by the President, militants, media practitioners, judges, prosecutors,
lawyers, and other victims. Such person may be admitted to the Witness Protection Program of the government.

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Primary Job of the Prober
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
Responsibilities of a Homicide Investigator
1. When called upon to investigate violent death, he stands on the dead man’s shoes to produce his instincts
against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the difference between a murderer
being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of criminal justice.
Mistakes in the Homicide Investigation
1. The mistakes of the homicide investigator cannot 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 (3) 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. Elbalming destroys traces of alcohol and several kinds of
poisons. If poisoning is suspected, the internal organs should be removed before embalming.
C. The third bridge is burned when the body is burned or cremated.to exhume a body is difficult and expensive. The lapse
of time makes examination doubly difficult and conclusion is hard to arrive at cremation destroys the body itself.
Basic Guide for the Investigator to look upon is to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party

CRIMES AGAINST PERSON


A. MURDER
a. What law punishes the crime of Murder?
- Revised Penal Code Article 248

b. What are the elements of Murder?


1. Murder is the unlawful killing of any person not constitutive of parricide of infanticide.
2. The act of killing is qualified by the following circumstances:
a) Treachery (alevosia) taking advantage of superior strength, with the aid of armed men, or employing means to
weaken the defense to insure impunity.
b) In consideration of a price, reward, or promise.
c) By means of inundation, fire. Poison, explosion, shipwreck, standing of a vessel, derailment or assault upon a
railroad, fall of an airship, by means of vehicles, or with the use of any other means involving great waste or ruin.
d) On the occasion of any of the calamities enumerated in the preceding paragraph or of an earthquake, eruption
of a volcano of any other public calamity.
e) With evident premeditation.
f) With cruelty by deliberately and inhumanly augmenting the suffering of the victim or outraging or scoffing at his
person or corpse (as amended by RA 7659).
3. These qualifying circumstances must be alleged in the information otherwise, they could not be proven as such under
the principle of non alegata non probate. What is not alleged cannot be proven.

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TREACHERY-Plain and simple, there is treachery if the offended party was not given opportunity to make a defense.
MEANING OF PREMEDITATION -Premeditation is the act of mediating in advance; deliberation upon a contemplated act;
a design form to do something before it is done.
 The essence of premeditation is that the execution of the criminal act must be preceded by COOL THOUGHT and
REFLECTION upon the resolution to carry out the criminal intent during the space of time SUFFICIENT to arrive at
a calm judgment.
 There is no evident premeditation without proof of planning.
 EVIDENT – Clear to the eye or judgment.
Penalty: Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.

B. HOMICIDE
a. What law punishes the crime of Homicide?
Revised Penal Code Article 249
b. What are the elements of Homicide?
1. Homicide is the killing of any person which does not constitute parricide, infanticide or murder and it is not
attended by any justifying circumstances.
2. Homicide is generic term and could be committed by culpa (negligence) or dolo (intent).
Penalty:Reclusion temporal (12 years& 1 day to 20 years imprisonment)

C. ABORTION
a. What law punishes the crime of Abortion?
- Revised Penal Code Article 256
b. What are the elements of Abortion?
1. Intentional abortion committed by using violence upon the person for the pregnant woman.
2. Intentional abortion committed without using violence but without consent of the woman.
3. Intentional abortion with the woman‟s consent (with or without violence).
4. Unintentional abortion, meaning abortion through reckless imprudence but with use of violence.
5. Abortion practiced by the woman herself or by another person with her consent.
6. Abortion committed by the parents of the pregnant woman with her consent to conceal dishonor.
7. Abortion intentionally caused by a physician or midwife or brought about by their assistance.
8. The act of a pharmacist in dispensing abortives.
9. Abortion is the willful killing of the fetus in the uterus, or the violent expulsion of the fetus from the maternal womb which
results in its death.

C. PARRICIDE
a. What law punishes the crime of Parricide?
- Revised Penal Code Article 248
b. What are the elements of Parricide?
1. The offender killed his father, mother, child (legitimate of illegitimate), legitimate other
ascendant or descendant and legitimate spouse.
2. The parent or child killed need not be legitimate. But the spouse and other ascendant or
descendant must be legitimate.
3. The killing is intentional.
4. Other analogous acts
Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.

D. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCE


a. What law punishes the crime of Death or Physical Injuries under Exceptional Circumstance?
- Revised Penal Code Article 245
b. What are the elements of Death or Physical Injuries under Exceptional Circumstance?
1. The offender is either: a) a legally married person (wife or husband); or b) a parent.
2. The victim was surprised by: a) his/her spouse; or b) his/her daughter who is under 18 years
of age and living with him/her, in the act of committing sexual intercourse with another
person, as the case maybe.
3. The offender kills or inflicts serious physical injuries upon any or both of them.

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4. The offender must catch the culprits in the act of sexual intercourse.
Penalty: Destierro (prohibition to enter the place or places designated in the sentence, nor within the radius therein
specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.

E. DEATH CAUSED OR INJURIES INFLICTED IN A TUMULTUOUS AFFRAY


a. What law punishes the crime of Death Caused or Injuries Inflicted in a Tumultuous Affray?
- Revised Penal Code Article 251-252

b. What are the elements of Death Caused or Injuries Inflicted in a Tumultuous Affray?
1. Tumultuous affray takes place when a quarrel occurs among several persons in tumultuous or confused manner.
2. The persons killed or wounded with the author thereof incapable of being ascertained but the ones who inflicted serious
physical injuries could be identified.
3. The person is killed but author thereof cannot be identified.

F. GIVING ASSISTANCE TO SUICIDE


a. What law punishes the crime of Giving Assistance to Suicide?
- Revised Penal Code Article 253

b. What are the elements of Giving Assistance to Suicide?


1. The offender helps the victim to commit suicide.
2. The act of suicide may necessarily be consummated.

G. INFANTICIDE
a. What law punishes the crime of Infanticide?
- Revised Penal Code Article 255

b. What are the elements of Infanticide?


1. This offense contemplates the killing of any child less than 3 days old (72 hours).
2. The victim may not necessarily be the child of the offender.

What are the evidence needed to file a crime against persons?


1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – Autopsy, weapons used and other Forensic Reports.
4. Other relevant evidence

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Activity No. 3
Name: _ Date:
Subject/Schedule: Score:

Instruction: Distinguish each crimes under crimes against person. Used the box below for your answers.
Crimes against person
Crime Elements Penalty Special Consideration

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LESSON 2. MEDICO LEGAL INVESTIGATION OF DEATH
Medico-legal Investigation Death:
An inquest officer is an official of the state charged with the duty of inquiring into certain matters. In a medico-
legal, an inquest officer in the one charged with the duty of investigating the manner and cause of death of a person. He is
authorized to summon witness and direct any person to perform a assist in the investigation when necessary.

Stages of medico-legal investigation:


1. Crime Scene Investigation- Investigation of the place of commission of the crime.
2. Autopsy- It is comprehensive study of the dead body, performed by a trained physician employing recognized
dissection procedure and techniques. It includes removal of tissues further investigation.
Autopsy and Post-mortem examination compared:
 Post-mortem examination- it refers to an external examination of a dead body without incision being
made, although blood and other body fluids maybe collected for examination.

 Autopsy- indicates that, in addition to an external examination, the body is opened and an internal
examination is conducted.
Establishing the Facts of Death
The first essential step of the homicide investigation is to establish that the victim is, indeed, dead. Police officers
do not have the legal authority to pronounce death, only physicians/medical doctor can establish the fact of death. For
this reason, the police officer should never assume death unless the condition of the victim’s body demonstrates death in
a totally obvious manner.
A. Death – death is defined as the absence of life in a living matter.
B. Kinds of Death
1. Somatic Death – Clinical Death
It is a complete, continuous, persistent cessation of respiration, circulation and almost all brain functions of
an organism. It is usually pronounced by a physician or other members of the family.
2. Molecular Death- Cellular Death
It is the cessation of life of the individual cells in the whole body, which occurs one at a time after somatic
death.
3. Apparent Death – State of Suspended Animation
It is the state of temporary cessation of vital activities of the body or vital processes were depressed to the
minimum compatible with life. This condition is not actually death although classified under the kinds of death,
because the person or organism is still alive although it seems that there are no signs of life.
C. Signs of Death
1. Cessation of respiration
2. Cessation of Heart Beating and Circulation
3. Cooling of the body
4. Insensibility of the body and loss of power to remove
5. Changes in the eyes
6. Changes in the skin

Categorizing Time of Death


Time of death is categorized in three ways:
1. Physiological time of death: The point at which the deceased's body - including vital organs - ceased
to function.
2. Estimated time of death: A best guess based on available information.
3. Legal time of death: The time at which the body was discovered or physically pronounced dead by
another individual. This is the time that is shown - by law - on a death certificate
The fact of death maybe shown by the following signs of death:

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A. By the cessation of breathing and respiratory movement – like the heart action, cessation of respiration in order to be
considered as a sign of death must be continuous and persistent.
B. By the cessation of heart sound – there must be entire and continuous cessation of the heart action and flow of blood in
the whole vascular system. As a general rule, if there is no heart action for a period of five minutes, death is regarded.
C. By the loss of palings of nail beds when pressure is applied in the fingernail is released
D. By the cooling of the body (algor mortis)- after death, the metabolic processes inside the body ceases. No more heat is
produced but the body loses slowly its temperature by evaporation or by conduction to the surrounding atmosphere. The rate
of cooling of te body is not uniform. It is rapid during the first two hours after death and as the temperature of the body gradually
approaches the temperatures of the surroundings, the rate becomes slower
Algor mortis (body cooling)
1. General rule – 1.5 degrees per hour – when room temperature is about 70 degrees
2 Dr. Simpson ; 2.5 degrees an hour for the first 6 hours, and an average of 1.5 to 2 degrees loos per hour over the first
12 hours.
3 Dr. Rhodes, gordon and turner: 1.5 degrees for the first 12 hours and 1 degree for the next 12 to 18 hours

E. By insensibility of the body and loss of power to move – after death, the body becomes insensible and no amount of
stimulation is capable of letting it move.
F. By observing the changes in the skin – the skin after death maybe observed to be pale and waxy looking, there is less
of elasticity, opacity occurs and application of heat on the skin surface will not produce blister or inflammatory reaction.
G. Changes in or about the eye, e.g. loss of corneal reflexes, clouding of the cornea, flaccidity of the eyeball. The pupil is
in the position of rest

DETERMINATION OF TIME OF DEATH (DEATH ESTIMATES)


A determination of the time of death should be attempted in all homicide investigations. This fact is significant
because of its investigative importance in corroborating or disputing alibis, or in establishing the victim’s movements prior
to death. Determining death is not an exact science.
POST-MORTEM CHANGES

1. POST-MORTEM LIVIDITY (Livor Mortis)– Discoloration of the body after death; setting of blood in the dependent
portions of the body following death).
It is a reddish purple to purple coloration in dependent areas of the body due to accumulation of blood in the small
vessels of the dependent areas secondary to gravity. This pooling of blood begins immediately after death and becomes
fixed in approximately 8-12 hours. The investigator can press on the skin in the dependent regions and if the skin blanches,
death has probably occurred less than 12 hours. This becomes fixed after a while and can tell if the body has been moved.
This is not a reliable indicator of time of death. This is a better indicator of whether the body has been moved since death.

The Color of Lividity may Indicate the Cause of Death:


1. Carbon monoxide poisoning/ cyanide – cherry red to pinkish color
2. Asphyxia – dark lividity
3. Phosphorous poisoning – dark brown

TYPES OF LIVIDITY
1. Hypostatic – Blood is still in fluid form inside blood vessel; change as position of the body changes. Blood remains
fluid in the blood vessel for 6- 8 hours.

2. Diffusion– Coagulated inside blood vessel; Change in position will not change its location.

Importance of Post-Mortem Lividity


1. It is a sign of death
2. It enables the investigator to estimate the time of death
3. It determines the position of the body after death
4. It may indicate the cause and manner of death

Characteristics of Post-Mortem Lividity


1. It occurs in the most extensive areas of the most dependent portion of the body.

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2. It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain.
3. Color is uniform in the tissues.
4. It is not elevated from the skin, lungs, intestines, kidneys and brain.
5. There is no injury to the tissues.
6. The color may appear and disappear in the tissues by shifting the position of the body in the earlier stages of
death.

2. POST MORTEM RIGIDITY (Rigor Mortis)


Stiffening of the body which occurs 2-6 hours after death and is characterized by hardening of the muscles; the
chemical reaction that causes rigidity in the muscle groups or stiffening of the body after death due to the disappearance of
Adenosine Triphosphate (ATP) from the muscle.
- Rigor mortis disappears with decomposition.
- Cold and/or freezing will delay the onset of rigor mortis as well as prolong its presence
- Involves all muscles the same time at the same rate.It appears first in the smallermuscles such as the jaw and
then gradually spread to upper and lower extremities.
- Instantaneous rigidity can also be found following ingestion of cyanide and strychnine poison.
Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical countries and 36 to 48 hours during
summer in the same.
3. ALGOR MORTIS(Cooling of the body)
The body cools following death at approximately 1.5 degrees F per hour, under normal conditions and assuming
the body’s temperature at death is 98.6 degrees F (37 degrees C).
Factors Affecting AlgorMortis:
1. Illness
2. Clothes
3. Obesity
4. Room temperature

4. ONSET AND STAGE OF DECOMPOSITION


Decomposition is the action of bacteria on the dead body. The onset of decomposition is 1 to 2 days after death
and then finally the dead body becomes skeletal remains in months considering the factors that influence the rate of
putrefaction.
5. LIFE CYCLE OF FLIES
The eggs of ova laid by the flies on the dead body will hatch to form maggots within 24 hours. The maggots will
feed vigorously on the damaged dead body, then transform into pupal stage and finally into adult flies within a few days.
6. CHANGES IN THE BLOOD
The blood remains fluid in the body after death after 6-8 hours. After which it gradually clotted or coagulated in a
slow process until 12 hours wherein the lividity is already fully developed.
7. CHANGES IN STOMACH
It usually takes three to four hours for the stomach to empty its contents after meals.
8. CADAVERIC SPASM-The immediate stiffening of the the body due to sudden death.

Methods Used in approximating the time of Death


Time since Death Condition of the Body
12 hours 1. Rigor Mortis, present all over
2. hypostasis well developed and fixed.
3. Greenish discoloration showing over the caecum.

24 hours 1. Rigor mortis absent all over


2. Green discoloration over whole abdomen and spreading to chest.
3. Abdomen distended with gases

48 hours 1. Ova of flies seen.


2. trunk bloated
3. face discolored and swollen. Blisters present.
4. moving maggots seen.

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72 hours 1. Whole body grossly swollen and disfigured.
2. hair and nails loose. Tissues soft and discolored.

One week 1. Soft viscera putrefied.

Two weeks 1. only more resistant viscera distinguishable.


2. soft tissues largely gone.

One month 1.Body skeleton zed body has become decomposed.

ESTABLISHING THE CORPUS DELICTI IN CRIMES AGAINST PERSONS


In the investigation of crimes against persons such as killing or destruction to life, corpus delicti or the actual
commission of the crime charged must be initially established by the homicide investigator. To this effect, there must be
satisfactory evidence to show the following constituting the corpus delicti:
1. The fact of death or killing occurred.
2. The identity of the victim.

Homicide Investigation:
Criminal Investigation of homicide is a discovery process. The investigator seeks to discover and document such facts as
type of death, identity of the deceased, cause of death and motivation and identity of the perpetrator. In order to resolve
these fundamental questions, the investigation will focus on the cadaver, crime scene and post mortem examination.
The cadaver is often of prime importance as an investigative factor. The victim’s body can reveal much through
examination of wounds and other types of tracing clues that may be present.

Establishing the Facts of Death


The first essential step of the homicide investigation is to establish that the victim is, indeed, dead. Police officers
do not have the legal authority to pronounce death, only physicians/medical doctor can establish the fact of death. For
this reason, the police officer should never assume death unless the condition of the victim’s body demonstrates death in
a totally obvious manner.

Things to Remember in the conduct of Homicide (Generic) Investigation

Places of Importance
1. The crime scene. Make a methodical and thorough search.
2. Avenues of approach. How did the killer(s) arrive?
3. Avenues of escape. Investigate and search along this 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 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 poison, 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.

Times of Importance
1. Time of death
2. Time crime was reported
3. Time of arrival of police at the scene
4. Time victim was last known to be alive
5. Time relative to victim‟s movement preceding death
6. Time relating to suspect(s) movements.
7. Time the crime scene was turned over by the first responder to the investigator.

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8. Time the investigator arrived at the crime scene.
9. Time started/terminated processing of the crime scene by the investigator and the SOCO.
10. Time the recovered evidence was turned to evidence custodian.
11. Time the investigator was dispatched.
12. 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 statements without delay.
3. Suspects - Isolate them if there is absolute evidence against them.
4. Person who reported the crime - Remember that he probably has key information. Check out his statement.
5. Persons 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 find 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 preserved.

Determination whether the wound is suicidal, homicidal or accidental


A. Evidence to prove that the gunshot wound is suicidal
1. the fire is usually contact or near contact, as shown by the presence of burning and tattooing of the area around the
gunshot wound.
2. the presence of usually but one gunshot wound. In themost cases after a shot especially at the head, the victim can no
longer perform voluntarily act to inflict another shot except if the firearm used is an automatic or defective one.
3. portions of the body involved are those accessible to the hands of the victim utilized in commiting suicide. Person
committing suicide will not think of difficult way of ending his life unless he has the intention of decieving the investigator.
4. presence of suicide note. Care must be taken in the determination of the geniuses of such note.
5. history or cause of despondency (disheartened), family, financial, or marital problem may present sufficient to case him
to commit suicide considering his character and mental conditions.
6. wounding weapon held tightly in the palm of the hand of the victim. A state of cadaveric spasm may be observed which
shows that the weapon is held tightly at the time of his death.
7. exclusion of all other evidences to show that the case is not suicide

B. Evidence to show that the gunshot wound is accidental.


1. usually there is but one shot.
2. there is no special area of the body involved
3. Consideration of the testimony of the assailant and the determination as to whether it is possibleto be accidental by
knowing the relative position of the victim and the assailant.
C. Evidence to show that the gunshot wound is homicidal
 The site or sites of the wound of entrance has no point election.
 The fire is made when the victim is usually some distance away from the assailant
 Signs of struggle/defense wound may be present in the victim.
 There may be disturbance of the surrounding on account of the previous struggle.
 Wounding firearm usually is not found at the scene of the crime.
 Testimony of witnesses.

Examination of the wounds

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Type of Wound Characteristics

Firearm:
Contact (muzzle against body) No blackening around entry; star-shaped, often with flaps
Close (less than 18 inches) directed outward. 3-5 Inches. Presence of Singeing and Scorching.
Distant (18 inches or more) Blackening around entry; grains of powder and deposits of
powder residue
None of the above characteristics appear
Incised Cutting wound inflicted with sharp-edged instrument, wound
typically narrow at ends and gaping in middle with a great deal of
blood
Stab As above; manner in which knife is thrust into and pulled out of
body can result in wounds of different shapes made with same
knife
Puncture Can be caused by ice picks, leather punches, and screwdrivers;
result in small wounds with little or no blood

Lacerations Open, irregularly shaped wounds, caused by clubs, pipes, pistols


and other blunt instrument wounds accompanied by bruising or
bleeding
Defenses Commonly found on palms of hands, fingers, forearms

Strangulation: Mark encircling neck in a horizontal plane overlying larynx or


Ligature upper trachea; sometimes broken at back of neck where hand
grasped ligature; abrasions and contusions of skin not usually
Manual present
Abrasions, contusions and fingernail marks on skin

METHODS AND TECHNIQUES IN IDENTIFYING DECEASED VICTIMS, PERSONS, ETC.

METHODS OF IDENTIFICATION
Victims of a large‐scale disaster are identified on the basis of an assessment of multiple factors. The degree to
which bodies are damaged, the time bodies have been left exposed and the associated changes in the condition of bodies
influence the nature and quality of post mortem data and the applicability of specific methods of identification.

Methods of identification used in cases of disasters must be scientifically sound, reliable, applicable under field
conditions and capable of being implemented within a reasonable period of time.

MEDICO LEGAL ASPECT OF IDENTIFICATION


Law of Multiplicity of Evidence- This is true in case of Identification.
- The greater the number of similarities or dissimilarities, the greater is the probability for the conclusion to be
correct.
- There is no rigid rule to be observed in the procedure of identification of person.
The primary and most reliable means of identification are
A. fingerprint analysis

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B. comparative dental analysis
C. DNA analysis.

The process of Victim Identification involves a range of forensic science techniques used to make a
positive identification of the deceased victims.
1. Fingerprints - considered highly reliable if available. However as in many cases fingerprints are not
available and most individuals do not have fingerprint records, it is of value for only some victims.
2. Odontology - mainly dental records - considered the most reliable for identifying victims as teeth and
bones are highly durable and most individuals have dental records.
3. DNA profiling - with the advances in technology, DNA has become very reliable. Direct comparisons
can be made between the DNA profile of victims and, for example, a DNA profile generated from cells
in a hair brush known to belong to a victim of the tragedy. Indirect comparisons can also be made using
the parents' DNA. This is basically the process used in paternity testing. Given the nature of DNA testing
it is only 100% reliable in making an exclusion i.e. the victim is not a particular missing person.
Secondary means of identification include
A. personal description,
B. medical findings
C. evidence and clothing found on the body.
D. Physical identification

The roles specifically relating to examining remains are:


1. Forensic Pathologist – this person is responsible for examining the body, undertaking autopsies to
determine cause of death and is required to collect any evidence that can be found on or in the victim.
Forensics pathologists may also examine living victims to determine the causes and ages of injuries the
live victim may have received during the crime. The Forensic Pathologist uses autopsy reports, police
reports, medical records, suspect/ witness interviews and the results of crime lab evidence analyses in
the pursuit of answers.
2. Forensic Anthropologist – in the case where remains are difficult to identify or are skeletal a Forensic
Anthropologist is called in. These experts can use skeletal remains to work out age, sex and race of the
deceased. They can also identify any injuries or illnesses that the victim may have suffered and
sometimes can even establish the time of death. Forensic Anthropologists can also use remains to do
toxicological, chemical and DNA tests to help them discover more about the victim. These experts don’t
just do lab work, but they can also find out a lot by visiting the location of where the remains were found.
3. Forensic Odontologist – these experts are basically forensic dentists. The help to ID bodies by looking
at and matching dental patterns with dental records collected from dentists. They are also called in, in
cases where there are bite marks or teeth found.
4. Forensic Entomologist – Entomology is the study of insects. A Forensic Entomologist uses their
knowledge of insect life cycles to determine time of death. It is common for bodies that have been found
sometime after death to be invaded by hungry insects. This expert can also use their knowledge of
where different insects live to work out if a body has been moved or not.

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Activity No. 4
Name: _ Date:
Subject/Schedule: Score:

Instruction: Cite all the Post-Mortem Changes which occurs, the time of occurrence and the characteristics/condition of
the body.
Post-Mortem Changes Approximate time of Characteristics/condiction of
Occurrence the body
1.

2.

3.

4.

5.

6.

7.

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LESSON 3. SUICIDE, DEATH BY STRANGULATION AND DEATH DUE TO DROWNING
SUICIDE INVESTIGATION
The rationale behind suicide, which is defined as the intentional taking of one’s own life, can be as simple or as
complex as life itself. The person who commits suicide may see his or her actions as some sort of solution to severe
physical or psychological dilemma.
Suicide and Accidental Deaths
1. If death appears to be suicidal or accidental, handle as homicides, pending arrival of investigators.
2. Secure immediate scene, detain witnesses.
3. Preserve all evidence, e.g. notes, weapons, pills, vials, drugs, etc. in their original position.
4. Notify investigators.
5. If vehicles are involved, do not allow removal until photos, have been taken by crime-scene technicians.
6. If suicides is by hanging and death is evident, do not cut body down.
7. If body is cut down because death is not evident, make cut above the knot.
8. If relative are present, get any background information which may assist investigators.
Investigative Considerations
1. The presence of the weapon or means of death at the scene;
2. Injuries or wounds self-inflicted, or have been inflicted by the deceased;
3. The existence of a motive or intent on the part of the victim to take his or her own life;
4. Suicide make in hanging, through the use of rope, investigator must check the presence of ligature make in the
neck or throat. If “V” or inverted ligature mark is present and no other mark is present, it is suicide. If there are
other marks present together with the “V” mark, it is homicide.
Evaluation of the Wounds
1. Could the deceased have caused the injuries and death?
2. Was the person physically able to accomplish the act?
3. Are the wounds within reach of the deceased?
4. Are the wounds grouped together?
5. Is there more than one cause of death?
6. Describe the nature and position of the injuries?
7. Are there any hesitation marks?
Psychological State of the Victim
1. Obtain a background of the victim from the family and friends. This background should include medical as well as
social information.
2. Were there any warning signs indicated by the victim?
3. Were there any recent deaths in the family?
4. Is there any indication of a recent upset or stress?
5. Did the victim leave any notes? Request a sample of the victim’s handwriting for analysis in case a note is later
discovered.
6. Any close personal relationship, close friends, etc? interview as soon as possible.
Any Prior Mental Disease or Defect
1. Has the deceased been under any professional treatment?
2. Has the deceased ever attempted suicide in the past?
3. Has anyone in the family ever committed suicide?
4. Was the deceased a heavy drinker?
5. Was the deceased on any medication?
6. Was there a history of drug-abuse?
7. Was there a history of physical or psychological abuse to the deceased?
The Weapon
The weapon or means of death should be present in case of suicide. However, the absence of a weapon does not
necessarily indicate that death was due to homicide.
If the weapon is observed in the hands of the deceased, the investigator should examine the hand to see if the
weapon is clutched tightly due to the cadaveric spasm. It is important to note such clutching of weapons, as you can be
sure that the person held his weapon at the time of his or her death.
In all suspected suicidal gunshot wound cases, an examination of the hands should be made for the presence of
the shoot or powder. The weapon should be made for evidence of discharge operability. In addition, the weapon should

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be examined for the presence of blow-back materials including blood from the victim. A ballistics test should also be
conducted.
DEATH BY HANGING AND STRANGULATION
Determination whether hanging is suicidal, homicidal, or accidental
Hanging – is a state of injury or death of the body whereby the ligature tightened around the neck by the suspension of
the body.
Suicidal Hanging – in death by hanging, it is usually suicidal unless proven otherwise.
A. Some evidence to prove are the following:
1. Accessible materials used for ligature like rope, rolled beddings, or wires.
2. Identification of the fibers from the rope in the hands of the victim.
3. Evidence of movement of the rope on the beam or anchorage from upward and
4. downward as the body has been suspended.

B. Homicidal Hanging
1. Presence of defense wound in the body of the victim.
2. Presence of blood stains and other injuries to the body of the victim.
3. Presence of signs of struggle in the clothing, furniture, beddings, and others.
4. Nature of the window, curtains, and doors.

C. Accidental hanging is not common.


1. Strangulation
Strangulation by ligature is usually homicidal and is done by tying the ligature around the neck and the two ends
pulled in the opposite direction in such a manner that tightens the ligature. Ligature used may be rope, chain, wires, vines,
rolled clothing.
Death due to Drowning
External Characteristics indicative of Drowning:
1. White foam extruding from nose and mouth.
2. Objects clutch in the hands like grass, mud, etc.
3. Fingernail marks in the palm of the hands
4. Pale appearance of the body
5. Post mortem lividity is most marked in the head and neck.
6. The mouth is usually open.

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Activity No. 5.

Name: _ Date:
Subject/Schedule: Score:

Instruction: Distinguish the following types of death. Use the box below for your answers.
Types of Deaths Characteristics If it is intentional, what crime will
you file against the person

Suicidal

Death due to Drowning

Death by hanging and strangulation

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Module 3-Post-test Questions

Name: _ Date:
Subject/Schedule: Score:

Instruction: Read each question carefully and select the correct answer by ENCIRCLING the letter of your choice.
Encircle only one letter. Avoid erasures and/or overwriting your answers. They are considered wrong.
1. A type of case where the offender has been identified, there is sufficient evidence to charge him,, the offender
has been taken into custody and the offender has been charged before the prosecutor's office or court of
appropriate jurisdiction.
A. Cleared case
B. Cold Case
C. Solved Case
D. Pending case
2. Any criminal investigation by a law enforcement agency which probative investigative leads have been exhausted,
however, yielded negative result or progress for six (6) months.
A. Cleared case
B. Cold Case
C. Solved Case
D. Pending case
3. refer to crimes directed against politicians, elected government officials, government officials appointed by the
President, judges, prosecutors, IBP lawyers, media practitioners, militant party list members/leftist activists,
foreign nationals, and other persons through shooting, bombing, strafing, assault, and other violent overt acts
resulting in their death or incapacitation.
A. Murder
B. Heinous crime
C. Political Crimes
D. Sensational Crimes
4. Any person who furnishes information directly leading to or proximately resulting in the capture, neutralization or
surrender of persons who are suspects/accused in the commission of crimes.
A. Informer
B. Informant
C. Source
D. Prober
5. This serves as a working plan and strategy in the conduct of investigation to come up with a detailed planning,
preparation, implementation and monitoring among concerned offices/units for funding and other relevant
purposes.
A. Investigation Plan
B. Journal of the case
C. Tickler
D. Investigators Notebook
6. A person shall kill his illigetimate child which is less than 3 years old shall be guilty of:
A. Parricide
B. Infanticide
C. Murder
D. Homicide
7. The generic term of unlawful killing of a person is:
A. Murder
B. Homicide
C. Crimes against person
D. Parricide
8. Refers to a design form to do something before it is done.
A. Treachery
B. Premeditation
C. Alevosia
D. Prepare

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9. 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 be guilty under:
A. Homicide
B. Parricide
C. Crimes committed under exceptional circumstances
D. Murder
10. The following are the three (3) bridges that must not be burned by the homicide prober, EXCEPT:
A. The dead person has been moved
B. The body is embalmed
C. The body is burned or cremated
D. The body has been preserved
11. It is a complete, continuous, persistent cessation of respiration, circulation and almost all brain functions of an
organism. It is usually pronounced by a physician or other members of the family.
A. Clinical Death
B. Cellular Death
C. Apparent Death
D. State of Suspended Animation
12. Refers to the Discoloration of the body after death. The setting of blood in the dependent portions of the body
following death.
A. Post Mortem Rigidity
B. Post Mortem Lividity
C. Putrefaction
D. Algor Mortis
13. The immediate stiffening of the body due to sudden death is refered to as the:
A. Post Mortem Rigidity
B. Post Mortem Lividity
C. Cadeveris Spsm
D. Algor Mortis
14. What is the meaning of Corpus Delicti?
A. The body of the crime
B. The body of the victim
C. The facts to prove that crime was committed
D. The proof of death
15. In homicide investigation, which of the following is the corpus delicti?
A. The body of the crime
B. The body of the victim
C. The facts to prove that crime was committed
D. The proof of death
16. Refers to the study of insects, which is often used in approximating the time of death of the victim.
A. Forensic Odontology
B. Forensic Pathology
C. Forensic Entomology
D. Forensic Science
17. In hanging, through the use of rope, investigator must check the presence of ligature make in the neck or throat. If
“V” or inverted ligature mark is present and no other mark is present, it is .
A. Homicide
B. Accidental
C. Suicide
D. Murder
18. The most reliable means of identification is:
A. fingerprint analysis
B. comparative dental analysis
C. DNA analysis.

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D. Blood Comparison
19. This type of wounds are commonly found on palms of hands, fingers, forearms.
A. Incised wounds
B. Puncture Wounds
C. Stab Wounds
D. Defense Wounds
20. In death due to drowning, the Post mortem lividity is most marked in the and the mouth is usually open.
A. Hands and feet
B. Body and arm
C. Head and Neck
D. Back body and frontal body

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MODULE 4
RAPE INVESTIGATION
Specific Objectives; In this chapter, the students will be able to
1. know the law which punishes the crime of rape and its elements;
2. discuss the main objectives of Rape investigation;
3. know the function of the first responder in cases of Rape incidents;
4. know the circumstances, value and admissibility of DNA evidence in court;
5. discuss the investigative procedure in rape investigation; and
6. know the different effects of drugs us in drug facilitated rape incidents.

Pre-test. Answer the following questions. Use the space provided after each questions.
1. What is Rape?

2. Who are liable for Rape?

LESSON CONTEXTS
Introduction
In sexual assault investigations, evidence and information about the crime is gathered primarily from
three sources: the victim; the suspect; and the crime scene (including other witnesses). Officers should
thoroughly investigate all three sources, and any other available source of evidence or information. However,
cases can be successfully prosecuted even if the investigation reveals that evidence is not available from all
three sources. In responding to sexual assault complaints, every effort must be made to relieve victim’s possible
feelings of shame and/or self-blame. In order to enable victims to provide the clearest, most complete
information about the crime, efforts must be made to ensure that all victims are treated professionally and with
dignity. Rape is not about sex, it is about power. Eight out of ten sexual assaults are perpetrated by someone
known to the victim (friend, acquaintance, colleague, spouse, ex-lover, or a family member). Sexual assault is a
crime that may be terrifying, humiliating, and life-threatening, regardless of who the victim is (teen, elder,
prostitute, drug-addict, male, gay/lesbian). Keep in mind that the injuries from sexual assault are often not
immediately apparent; some examples of this are post-traumatic stress disorder, internal injuries, sexually
transmitted diseases, or unwanted pregnancy. General Investigation Information Sexual assault cases generally
can be categorized into two types: a case in which the offender is known or a case in which the offender is
unknown. In either case the key issues to uncover are the identity of the offender, the element of force, and the
issue of consent.

a. What law punishes the crime of Rape?


- Revised Penal Code Article 266 amended by RA 8353

b. What are the elements of Rape?


1. Rape is committed 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 is otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
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.

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2. By any person who, under any of the circumstances mentioned in par. 1 hereof, shall commit an act
of sexual assault by inserting his penis into another person‟s mouth, anal orifice, or instrument or
object, into the genital or anal orifice of another person. (RA 8353)

3. Rape is qualified under the following circumstances:

a) When the victim is under 18 years old 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;
b) When the victim is under the custody of the police or military authorities or any law enforcement or penal
institution;
c) 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;
d) When the victim is a religious engaged in legitimate religious vocation of calling and is personality known to
be such by the offender before or at the time of the commission of the crime;
e) When the victim is a child below 7 years old;
f) When the offender knows that he is afflicted with 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;

g) When the offender is a member of the armed forces of the Philippines or para-military units thereof or the
Philippines National Police or any law enforcement agency or penal institution, when the offender takes
advantage of his position to facilitate the commission of the crime;
h) When by reason or on the occasion of the rape, the victim suffered permanent physical mutilation or
disability;
i) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime;
and
j) 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.

4. Other analogous acts


NOTE:

1. Under RA 8353 which amended the Penal Code, on October 22, 1997, a male or female can now commit
rape.
2. “Effect of pardon” – The subsequent valid marriage between the offender and the offended party shall
extinguish the criminal action or the penalty imposed.
3. 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 not be abated if the marriage be void ab initio.

c. What are the evidence needed to file a crime of Rape?


1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – Medical records, seminal/DNA Test, weapons used and other forensic reports.
4. Other relevant evidence

Meaning of Carnal Knowledge: COITUS


Carnal knowledge is the act of a man in having sexual bodily connection with a woman. There is carnal
knowledge if there is the slightest penetration in the sexual organ of the female by the sexual organ of the
male. It is not necessary that the vagina be entered or that the hymen be ruptured.
Penetration, even partial is necessary. The slightest penetration is enough. Proof of emission is not
necessary. The absence of spermatozoa does not negative rape.
If there is no sexual intercourse and only lewdness are performed, the crime maybe acts of
lasciviousness only under Art. 336
What are the laws relating to rape and what are the penalties for perpetrators under these laws?
In the Philippines, there are two laws enacted that directly address rape namely:

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 R.A. 8353: The Anti-Rape Law of 1997
 R.A. 8505: The Rape Victim Assistance and Protection Act of 1998
Under R.A. 8353, the penalties for rape perpetrators vary depending on the act itself and the circumstances surrounding
it. These are the following:
Reclusion perpetua (imprisonment from 20 to 40 years) is imposed on the offender if rape is committed through sexual
intercourse
Prision mayor (imprisonment from six to 12 years) is imposed on the offender if rape was committed through oral or anal
sex or through the use of any object or instrument that was inserted into the mouth or anal orifice of the woman or a man.
This may also be elevated to reclusion temporal (imprisonment from 12 to 20 years) or reclusion perpetua depending on
the circumstances surrounding the crime.

Rape investigation is the procedure to gather facts about a suspected rape, including forensic identification of
a perpetrator, type of rape and other details.

INVESTIGATIVE PROCEDURE
First Contact
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 does 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. 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.
First Responder Duties
1. 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.
2. 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.
3. 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.
4. Maintaining the chain of evidence is crucial, and a police officer, preferably a female officer, should
accompany the victim in the ambulance.
5. In addition to following normal procedures in protecting primary and secondary crime scenes, one of
the first responders (preferably a female officer) should conduct a preliminary interview with the victim
in private to determine if she knows or can identify the person who raped her.

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6. The officer should obtain a physical description of the rapist and ask the victim to explain what
happened But do not repeatedly ask the victim of her ordeal. 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
Remember: 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 VICTIM AND PHYSICAL EVIDENCE


Instructions to the Victim
 The officer responding to a reported sexual assault should make a great effort to ensure that any
evidence that may be on the victim is secure

Semen and Hair Evidence


 Semen that contains sperm and hair with the root attached can now be identified as coming from a
specific individual as a result of DNA typing
Information for the Examining Physician
 The physician responsible for examining the victim should be provided with all of the available facts
before the physical examination

Collection of the Victim's Clothing


 The victim's clothing should be collected as soon as possible
The Role of the Investigator in Securing the Rape Scene
 It is the criminal investigator's job to collect, catalog, and store physical evidence for later analysis in
the laboratory
Incidence of Errors in the Collection of Evidence
 In spite of the importance of proper handling, evidence still continues to be mishandled
Sexual Battery Examination
 Most hospitals of crisis center responsible for the collection of evidence from sex-offense victims have
developed sexual battery examination kits
Sexual-battery examination kits contain items such as:
1. blood vials
2. paper bags
3. sterile dacron-tipped applicators
4. envelopes for swabs taken
THE MEDICAL LEGAL EXAMINATION OF RAPE CASES: COLLECTION OF PHYSICAL EVIDENCE
The following types of physical evidence should be collected during the medical examination for laboratory
analysis:
1. HAIR (both pubic and head hair)
a. Cannot individually identify a person unless the root is present;
b. Does provide strong collaborative evidence individual was at the crime scene;
c. Can be distinguished between human and animal;
d. May be able to determine race; and
e. May be able to establish the part of the body from which the hair came.

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2. FIBERS
a. Limited value due to mass production of clothing; and
b. In rare cases, can be used to deduce individual identification with a high degree of certainty.

3. BLOOD
a. Can be distinguished as to human or animal; and
b. DNA analysis can provide individual identification.

4. FINGERNAIL SCRAPINGS
a. Used to collect DNA evidence for individual analysis and identification.

5. VAGINAL, RECTAL AND ORAL SWABS AND SMEAR


a. Used to collect DNA evidence for individual analysis and identification

IMPORTANT NOTE:
1. Preserve the bedding, or any other object on which the rape took place, and send it to the crime lab for
analysis.
 The contact between the victim and the perpetrator may have resulted in the transfer of physical
evidence in the form of semen, blood, hairs, skin fibers or other trace evidence, which will prove vital in
identifying the assailant and/or prosecuting the case.

2. Properly collect all such evidence, including the clothing and undergarments worn by the victim.
 Evidence technicians use oblique and ultraviolet light to help spot hair and fibers, and blue light to
assist in detecting semen.

3. One discrepancy between books on forensic science and real-life investigations is the suggestion the
victim should be asked to disrobe over a clean cloth or bed sheet so any fibers or loose pubic hairs from the
perpetrator can be properly collected. In an ideal world, this would be the perfect way to collect this type of
evidence.

4. Whether the victim is suffering from shock, lying in a fetal ball or is otherwise injured from her attacker,
our first responsibility is to provide the victim with medical attention at a hospital.

5. Even if the victim were able to disrobe at the scene, this must be conducted by a female police officer.
Since female officers make up only about 12 percent of police forces nationally, a female officer may not be
readily available to provide this type of evidence collection.

6. In the majority of cases, a search of the victim's clothing for crime evidence is done at the hospital. This
is often a better setting in which to ask the victim to disrobe, take photographs of any injuries to her body and
place each article of clothing in a separate container for later lab analysis.

7. The chain of custody of evidence is vital, so a police officer must accompany the victim to the hospital,
meaning an officer must ride in the ambulance with the victim.

Perpetrator identification
DNA profiling
1. DNA profiling is used by crime laboratories for testing biological evidence, most commonly by means of
the polymerase chain reaction (PCR), which allows analysis of samples of limited quality and quantity
by making millions of copies. An advanced form of PCR testing called short tandem repeats (STR)
generates a DNA profile that can be compared to DNA from a suspect or a crime scene.

2. Blood, buccal (inner cheek) swabbings or saliva should also be collected from victims to distinguish
their DNA from that of suspects.

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3. Criminals may plant fake DNA samples at crime scenes. In one case Dr. John Schneeberger, who
raped one of his sedated patients and left semen on her underwear, surgically inserted a Penrose drain
into his arm and filled it with foreign blood and anticoagulants. Police drew what they believed to be
Schneeberger's blood and compared DNA on three occasions without a match.
Circumstances of rape
1. Abrasions, bruises and lacerations on the victim help elucidate how a rape was carried out. 8 to 45
percent of victims show evidence of external trauma, most commonly at the mouth, throat, wrists, arms,
breasts and thighs: trauma to these sites comprise approximately two thirds of injuries, while trauma to the
vagina and perineum account for approximately 20 percent.

2. Recent coitus can be determined by performing a vaginal wet-mount microscopy examination (or
oral/anal if indicated) for detection of motile sperm, which are seen on the slide if less than three hours have
elapsed since ejaculation.

3. However only one-third of sexual assaults result in ejaculation into a body orifice. Further, the alleged
assailant may have had a vasectomy or have experienced sexual dysfunction (roughly 50 percent of
assailants suffer from impotence or ejaculatory dysfunction).

4. In addition, acid phosphatase levels in high concentrations is a good indicator of recent coitus. Acid
phosphatase is found in prostatic secretions and activity decreases with time and is usually absent after 24
hours. Prostate-specific antigen (PSA) may be detected within a 48-hour period.

5. The seminal fluid of vasectomized men also contains a significant PSA level. Nonmotile sperm may be
detected even beyond 72 hours after intercourse depending on staining techniques.

INTERVIEW PROCEDURES AND INVESTIGATIVE QUESTIONS/SEXUAL ASSAULT CASES


1. Type and sequence of sexual acts during an assault
 To determine the motivation behind a rape, it is imperative to ascertain the type and sequence of the
rape
2. Verbal activity of rapist
 A rapist reveals a good deal about himself and the motivation behind the assault though what he says
to the victim
3. Verbal activity of victim
 The rapist may make the victim say certain words or phrases that enhance the rape for him
4. Sudden change in rapist's attitude during the attack
 The victim should be specifically asked whether she observed any change in the attitude of the rapist
during the time he was with her
5. Theft during rape
 Almost without exception, police record the theft of items from rape victims
6. Delayed reporting
 If the victim has delayed making a complaint, the investigator should establish the reason

Admissibility of DNA Evidence in Philippine Courts


The Supreme Court first recognized to the existence and availability of DNA technology in resolving disputed
parentage cases in Tijing v Diamante et a. In this case, the couple Tijing and a Mrs. Angelita Diamante,
simultaneously claimed to be the parents of a child. Based on other evidence already presented such as
information on the child’s birth and the apparent inability of the respondent Diamante to bear a child, the
Supreme Court affirmed the decision of the Regional Trial Court and reversed the ruling of the Court of
Appeals by granting custody of the child to Edgardo A. Tijing and Bienvenida R. Tijing. In addition, the
Supreme Court included the option of DNA testing if the respondent Diamante chooses to further her appeal
for the custody of the child
However, it is in the landmark case of People v Vallejo where the Supreme Court first admitted DNA
evidence previously presented at trial. Vallejo was convicted of raping and later killing a 9-year old child. The
analysis used did not employ the basic principles of parentage testing as DNA extracted from crime scene
evidence was directly compared to the DNA of a known suspect (direct matching).

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In Vallejo, DNA obtained from vaginal swabs taken from the child was found to be consistent with that
of the accused. Although statistical evaluation of the weight of matching DNA evidence, e.g. random match
probability value that provides a certain measure of the strength of the DNA match over random chance, was
not reported, the Supreme Court admitted the DNA evidence and subsequently used it together with other
evidence to convict the accused. This decision paved the way for the general admissibility of DNA evidence in
Philippine courts although the relevancy and the integrity of data generated must be studied on a case by case
basis. In the decision, the Supreme Court laid down the essential admissibility requirements that must be
established to render DNA evidence admissible:
In assessing the probative value of DNA evidence, therefore the courts should consider, among other
things, the following data: how samples were collected, how they were handled, the possibility of
contamination of samples, whether proper standards and procedures were followed in conducting the tests,
and the qualification of the analyst who conducted the tests.
It was the case People v Yatar where the Supreme Court admitted DNA evidence in parentage cases,
albeit the use of this type of analysis was not immediately evident. People v Yatar is a rape-homicide case
wherein biological samples collected from the body of the 16-year old victim were kept for two years prior to
the conduct of DNA tests. To generate the DNA profile of the victim, bloodstains on her clothing that were
found at the crime scene were submitted for laboratory testing.
The Supreme Court admitted the procedures and the interpretation of DNA evidence presented at the
Regional Trial Court, and highlighted the utility of DNA evidence, when properly collected, handled and stored,
to assist in the prompt and fair resolution of cases:

DRUG FACILITATED SEXUAL ASSAULTS


1. ROHYPNOL
a. Rohypnol is similar to Valium but about 10 times as strong.
b. Rohypnol comes as a small pill that can be dropped into the drink of an unsuspecting victim. The pill
can dissolve in either alcoholic or non-alcoholic drinks, and the drug is odorless and tasteless.
c. Initially, Rohypnol causes muscle relaxation, dizziness, and headaches, slows psychomotor responses,
and lowers inhibitions. Victims may have difficulty moving or speaking. Victims often remember the effects of
the drug as a feeling of being "drunk." Rohypnol takes 20-30 minutes to take effect.
d. Rohypnol has a synergistic effect with alcohol. When taken with alcohol, Rophypnol can cause severe
disorientation and a loss of memory. These memory blackouts are typically 8-12 hours long. The victim may or
may not appear "awake" during this time.
2. Gamma Hydroxybutyrate ( GHB)
a. GHB is a central nervous system depressant abused for its ability to produce euphoric and
hallucinatory states and, as some believe, acts like an anabolic steroid to stimulate muscle growth.
b. GHB takes effect within 10-20 minutes and lasts 1-3 hours.
3. KETAMINE
a. Ketamine, or ketamine hydrochloride, is an anaesthetic intended primarily for veterinary purposes. Its
primary use is in surgery for small animals and has also been used in human medicine for paediatric burn
cases, in dentistry and in experimental psychotherapy. Ketamine is a liquid and its most potent medical use is
by injecting it intramuscularly or intravenously.
b. Ketamine takes effect in 5-20 minutes and the effects last 4-8 hours. A human would reach a state of
deep cataleptoid sedation (like a coma) with a dosage of 15mg/kg. Thus, for example, a 9-stone (126 lb, 57kg)
woman would be completely sedated with a dosage of about 850g.
INVESTIGATING AND COLLECTING EVIDENCE IN DRUG-FACILITATED SEXUAL ASSAULTS

1. Evidence Collection and Processing


 Because victims may be unaware, or only suspect, that an assault has occurred, law enforcement has
the critical task of gathering as much physical evidence as soon as possible

2. The Investigation
 Law enforcement officers cannot rely on forensic toxicology reports alone. Accounts from any people at
the scene will be important

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3. Evidence
 At the proper time a warrant can be obtained for the search of a suspect's residence, car, or place of
work for evidence of Rohypnol or other drugs.

Activity No. 6.
Name: _ Date:
Subject/Schedule: Score:

Instruction: Based from the lesson, Draw a diagram of concept map PORTRAYING THE INVESTIGATIVE
PROCEDURES in Rape Investigation. Start from Receipt of complaint, Initial response, Initial contact,
collections of evidence, Interview and filing of the case. Use the box below for the activity.
Investigative Procedures in Rape Investigation

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Module 4-Post Test.
Name: _ Date:
Subject/Schedule: Score:

Instruction: Answer the following questions in not more or less than 200 words. Put your answer on the space
provided after each questions.

1. Distinguish the two ways of committing a crime of Rape.

2. Why is Rape difficult to investigate?

3. How can a husband be liable for Rape?

4. What is the importance of DNA as evidence in Rape Investigation?

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MODULE 5
INVESTIGATION OF CRIMES AGAINST PROPERTY
Specific Objectives; In this chapter, the students will be able to
1. know the basic principles of robbery and Arson investigation;
2. discuss the main objectives of robbery and Arson investigation;
3. explain the value knowing the procedures in robbery and Arson investigation and evidence collection in criminal
proceedings;
4. identify and know the basic functions probers in robbery and Arson investigation;
5. know and explain the proper handling of witnesses, suspects and victim in robbery and Arson investigation.

Pre-test. Answer the following questions as best as you can without looking at the lecture content. Use the
space provided after each questions for your answers.
1. What is Robbery?

2. What is Arson?

3. What would you do first as upon arrival at the scene of robbery?

LESSON CONTEXTS

ROBBERY INVESTIGATION
Article 293 of the Revised Penal Code defines robbery as: “any person who, with intent to gain, shall take by
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 the crime robbery


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

Meaning of intent to gain


-intent to gain means intent to obtain from the appropriation of the thing some utility, advantage, or benefit:
1. It is not necessary that the gain be realized as mere intent is enough
2. The taking of a thing under claim of ownership in good faith negatives intent to gain even though the claim of
ownership is unattainable.

Meaning of unlawful taking


- it means appropriating a thing belonging to another and placing it under ones control or possesion

Personal property belonging to another - the personal property must belong to another
a. Illicit articles may be the object of robbery;
b. The offended party need not be the owner of personal property taken.here mere possession is enough as long as the
offender is not the owner thereof.

Classification of robbery
1. Articles 294, 297, and 298, rpc-robbery with violence against or intimidation of person
2. Articles 299 and 302 rpc –robbery with force upon things.
a. Robbery in an inhabited house or public building or edifice devoted to religious workship.
b. Robbery in an uninhabited place in a private building.

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Force upon things

A. As means of entry, a locked door is broken or forced open. A close d but unlocked door is not a locked door.
B. Thru an opening which might be locked but which is not intended or designed for entry. If a robber enters a building
thru the open or locked window where he takes personal properties inside, it is robbery.
C. If the door is open or closed but not locked, and once inside breaks open locked drawers, aparadors, wardrobes, safes
where personal properties are taken, it is robbery.
D. If the door is open and used as entry and while inside, the robber brings out receptables such as aparadors, drawers,
wardrobes, safes and other forms of receptables and while outside breaks open these receptables where personal
properties are taken, it is robbery.
E. The use of picklocks to open locked doors or locked receptables inside and personal properties are taken, it is robbery.
Genuine keys stolen from the owner are considered picklocks.
F. The mere possesion of picklocks is punishable under the revised penal code.

Violence or intimidation upon person


A. Hold ups are included in this category
B. Snatching of handbags or jewelries are considered under this category. If the victim puts resistance and violence is
applied by the robber on his person
C. the violence or intimidation is directed against the person who is the owner of the personal property taken or his
caretakers.
D. the poking a gun or other deadly weapon on the victim to divest his personal property are some forms of intimidation.
E. if injuries of the victim are of slight in character , it is absorbed as a form of violence. But if the injuries are of less serious
or serious in character, it is a complex of crime of robbery with physical injuries.
F. If death results due to robbery with violence or intimidation of Persons, a complex crime of robbery with homicide is
committed, irrespective whether the death occurs among the robbers. Heart attack or stroke as a consequence of robbery
is still robbery with homicide.
G. if, on the occasion of the robbery, rape is committed the crime Is robbery with rape.
H. If on the occasion of the robbery, homicide and rape were Committed, the proper complex crime is robbery with homicide.
The rape is considered an aggravating circumstances.
Patterns of Robbery
1. Robbery of persons employed in positions placing them in charge of money or goods. Examples are
robberies of banks, stores, offices, jewelry stores, or other sites where money change hands.

2. Robbery in open areas. This includes muggings, street robberies and purse snatching.

3. Robbery on private premises. This represents crimes in which robbers break into homes and rob residents.

4. Robbery after preliminary association of short duration. These type of robberies typically occur as a
consequence of a chance meeting at nightspot, party, or a sexual encounter.

5. Robbery after precious association of some duration between victim and offender. These are considerably
less common than strangers, stranger robberies, which account for an estimated 75 percent that total.

Investigative Procedures in Handing Robbery Case


The investigation of robbery poses many of the problems inherent in person-to person crime. When victims and
witnesses are confronted by an armed suspect, their perceptive abilities are diminished. The presence of a weapon
further limits perception, as will any violent action. Since the typical robbery involves a dangerous weapon and an
emotionally disturbing atmosphere, the inquiry cannot rely on descriptions as the primary tracing means.
Method of Operation
Because the suspect’s identity is almost always unknown to the victim, the investigator’s first and foremost goal is
to find it out. Modus operandi has always been considered a strong tracing element in the robbery investigation. Many
criminal groups have fixed methods of operation, and robbers tend to develop a methodology early in their careers from
which they rarely deviate. Unless a robbery offender becomes aware that a method of operation may provide a tracing
clue to uncover identity, the offender will conform to the actions naturally developed during initial robbery attempts.

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Regardless of the specific category of the robbery, certain method-of-operation traits prevail. The great majority of
robberies involve the following elements.
Investigative procedures after the robbers fled
1. Conduct interview of witnesses:
upon receipt of information of a robbery, the police officer should inform the proprietor of the establishment to
detain all witnesses. On arrival at the scene, the police officer should not allow the witnesses to talk with one another.
Then, individual interview must be made. The witnesses should subsequently be taken to te office to look at the
photographs of known robbers. If possible, they should also be known of other album of other law-enforcement units
or agencies.
2. Conduct interrogation of possible suspects:
In questioning the suspect, the police must not make the suspect believe he is interested in the robbery. He
must be interrogated on a different crime, like theft or homicide (real or fictitious), which occurred on a distant place.
The suspect will then establish his theory of alibi and may even risk his alibi that he was at that time near the place
of the commission of robbery. The investigator should not reveal his true intent until he has exhausted the possibilities
of this line of inquiries and until he has disclosed his associates. Ultimately, a confession maybe given by the suspect
later.
3. Gather the following clues and physical evidence:
a. The description of the getaway vehicle should be obtained in detail from possible witnesses. Immediately an alarm
should be sent to nearby cities and towns for check-up of vehicles passing their area giving the description of the
vehicle. Checking at the local registration office of the vehicleshould be made.

b. Latent fingerfrints should be searched and processed for the posible identity of the robbers.
c. The use of the robbers of restraining devices may reveal their identity. In order to restrain the victim, may tie the victim
with rope, towels, sheets or adhesive tapes. The robbers may bring with them the material in anticipation of
their need. The person finding the victim tied up should endeavor to release him without disturbing the knots.
The characteristic type of knot may offer a clue to the identity of one of the criminals.
d. Stolen properties should be clearly described. Cash amounts and checks may identify the robbery when he is
cashing the checks or while in possession of the same.
e. Footprints, discarded garments like gloves, hats jackets may bear the idenfication or laundry marks.
4. Determine the enunciation of the robber’s voice:
The manner of speech of the criminal maybe used to identify them. The robber usually give order to the victim
during the commission and his peculiar voice, language and exact statement may be useful in the identification.
Robbery Investigative guide and process Outline
1. Examine the point of Entry- Photograph-search-sketch-collect evidence
2. Examine the point of Attacked- Photograph-search-sketch-collect evidence
3. Examine the point of Exit- Photograph-search-sketch-collect evidence
4. Exact location, date and hour of offense. Names of all person; victims, number of robbers;
5. Conditions – weather, light, house, trees, and obstruction in vicinity;
6. Description of perpetrators by all eyewitnesses. Get statements of each person out of the presence of the others.
Get all possible details as to clothing, head coverings, masks, description of characteristic action, manner of
speech, tone of voice, height, weight, color of hair, scars, etc;
7. What the victims were doing when the robber first appeared;
8. Exact words used by robber and victim;
9. How many robbers participated, part taken by each? Were they on foot? If robbers used automobiles, get
description of car; color, make, type, number, distinguishing characteristics;
10. Examine roadway for tire tracks of car used;
11. Weapons used – ascertain whether victim is familiar with weapons of that type or drawing on his imagination –
manner weapons were hold and which hand was used;
12. Were victims tied or gaged? Get accurate details, particularly manner of tying knots;
13. Weapons found – where, when, in whose possession, how were they located, loaded or unloaded when found;
14. Stolen property – found by whom, when and where, how traced;
15. Pay special attention to “modus operandi”
16. Robbers make used of a Fence. Be on the look.

Anti-Piracy and anti-highway robbery law of 1974 (P.D. 532)

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Piracy – any attack upon or seizure of any vessel, or taking away of the whole or part thereof or its cargo,
equipment or the personal belonging of its complements or passengers, irrespective of value thereof, by means
of violence against or intimidation of persons or force upon things, committed by any persons, including a
passengers or member of the compliments of said vessels in Philippine waters.
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.
Anti-Cattlle Rustling Law of 1974 (P.D. 533)
Cattle Rustling – Is the taking away by any means, methods or scheme, without the
consent of the owner/raiser, or 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 (P.D. 1612)
Fencing – is the act of any person, who, with intent to gain, for himself or for another
shall buy, possess, keep, acquire, concealed, sell or in any other way, deal on any articles,
items, objects, or anything of value which he knows to have been derived from the proceeds of
crime or robbery or theft.
Fence – includes any person, firm, organization, association or corporation or
partnership and other organization who/ which commits the act of fencing.
Article 267 – Kidnapping and Serious Illegal Detention
Elements:
1. That the offender is a private individual;
That the kidnaps or detains another, or in any other manner deprives the latter of his
2. liberty;
3. That the act of detention or kidnapping must be illegal;
4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping of detention lasts for more than 3 days
b. That is committed simulating public authority
That any serious physical injuries are inflicted upon person kidnapped or
c. detained of threats to kill him are made; or
d. That the persons kidnapped is a minor, female, or a public officer.
Any private individual who shall kidnap or detain another, or in any other manner
deprives him of his liberty.
The perpetrator shall suffer the penalty of reclusion perpetua to death if:
1. The kidnapping or detention shall have lasted for more than five days.
2. Committed by simulating public authority.
Any serious physical injuries shall have been inflicted upon the person kidnapped or
3. detained or if threat to kill shall have been made.
4. The person kidnapped or detained shall be a minor, female or public officer.

The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above mentioned were present in the commission of the offense.
Important factors in Kidnapping Cases:
1. The safe return of the victim
2. Identification and apprehension of the suspect
Initial Investigative Procedures:
1. Thorough interview of the victim if already released.
2. Search of the crime scene

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3. Interview of the possible witnesses
4. Checking the modus operandi
5. Possible identification through the photographic files
6. Coordination with other law enforcement agencies

ARSON INVESTIGATION
As mandated by law, the Bureau of Fire Protection (BFP) 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. The tasks and responsibility of the fire arson investigators are not only limited to conducting
exhaustive investigations and 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.

a. 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 (HeinousCrime 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 lights the rag and while it is burning, A runs away. Before the fire from the rag consumes any
part of the house, B discovers 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 was extinguished by B, it had already burned 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 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

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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 Protection, in reference to the provisions of Section 50,
R.A. 6975.

b. Supplemental Guidelines on Arson Law

1. It is a well-settled principle of criminal law that a conviction for a crime cannot be unless the corpus delicti is
established. (State v. Sullivan, 17 L. R. 902).

To establish the corpus delicti in arson, the proof of two elements is required:
a) The burning of the house or other thing, and
b) The criminal group that caused it. (Spears v. State, 16 LRA (N.S.) 285; People v. Ong Chiat Lay, 60 Phil.
788).

2. Arson is established by proving the corpus delicti, usually in the form of CIRCUMSTANTIAL EVIDENCE
such as the criminal agency, meaning the substance used, like gasoline, or other combustible materials which
caused the fire. It can also be in the form of electrical wires, mechanical, or electronic contrivance designed to
start a fire; or ashes or traces of such objects which are found in the ruins of the burned premises.

3. If the crime of ARSON was employed by the offender as a means to kill the offended party, the crime
committed is MURDER. The burning of the property as the MEANS to kill the victim is what is contemplated by
the word “fire” under Article 248 of the Revised Penal Code which qualifies the crime to MURDER.

4. When the burning of the property was done by the offender only to cause damage but the ARSON resulted
in the DEATH of the person, the crime committed is still ARSON because the death of the victim is a mere
CONSEQUENCE and not the INTENTION of the offender.

5. There is no special complex crime of ARSON WITH HOMICIDE. What matters in resolving cases involving
arson is the CRIMINAL INTENT of the offender.

6. When the burning of one’s property results from reckless imprudence and it leads to serious physical
injuries and/or damage to property of another, the penalty to be imposed shall not be for the crime of arson
under P.D. 1613 but rather, the penalty shall be based on Article 365 of the Revised Penal Code as a felony
committed by means of culpa – imprudence and negligence. (e.g. Reckless Imprudence Resulted to Damage
to Property / Reckless Imprudence Resulted to Serious Physical Injuries)

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Activity No. 7
Name: _ Date:
Subject/Schedule: Score:

Instruction: Distinguish the following crimes based on definition and outline the investigative procedures for
each. Put your answers on the space provided.
Crimes Definition Investigative
Procedures
Robbery

Arson

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Post Test Questions
Name : Date :
Course and Year : Score :

Instruction: Read each question carefully and select the correct answer by ENCIRCLING the letter of your
choice. Encircle only one letter. Avoid erasures and/or overwriting your answers. They are considered wrong.
1. The following are guide Investigative procedures after the robbers fled
1) Conduct interview of witnesses
2) Conduct interrogation of possible suspects
3) Gather the following clues and physical evidence
4) Determine the enunciation of the robber’s voice
A. 1 and 2
B. 2 only 3
C. 3 and 4
D. All of the above
2. The first thing to be photograph and given emphasis by investigator in the investigation of robbery is
A. the point of Entry
B. the point of exit
C. the weapon used
D. The valuable taken
2. In the investigation of Robbery, the investigator must
A. Examine the point of Entry- Photograph-search-sketch-collect evidence
B. Examine the point of Attacked- Photograph-search-sketch-collect evidence
C. Examine the point of Exit- Photograph-search-sketch-collect evidence
D. All of the above
3. In the investigation of Robbery, the investigator should
1. Ascertain the Exact location, date and hour of offense. Names of all person; victims, number of robbers;
2. Take note of Conditions – weather, light, house, trees, and obstruction in vicinity;
3. Take note of description of perpetrators by all eyewitnesses.
4. Take note of the exact words used by robber and victim
5. Ascertain how many robbers participated, part taken by each
A. 1, 3 and 2
B. 2, 4 only 3
C. 1, 3 and 4
D. All of the above
4. In the investigation of Robbery, the investigator should
1) ascertain whether victim is familiar with weapons of that type or drawing on his imagination – manner weapons
were hold and which hand was used;
2) asked if victims tied or gaged.
3) Pay special attention to “modus operandi”
4) Know that Robbers make used of a Fence. .
A. 1, 3 and 2
B. 2, 4 only 3
C. 1, 3 and 4
D. All of the above
5. As mandated by law, who 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.
A. PNP
B. CIDG
C. NBI
D. BFP
6. The tasks and responsibility of the fire arson investigators are not only limited to conducting exhaustive investigations
and 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. The statement is
A. improbable
B. correct

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C. possible
D. incorrect
7. Arson is a classic heinous crime that requires skillful, scientific and systematic investigation procedures. The statement
is
A. improbable
B. correct
C. possible
D. incorrect
8. The criminal offense of Arson is punishable under
A. Articles 320 to 326-B of the Revised Penal Code as amended by Presidential Decree 1613, 1744 and
Section 10 of Republic Act 7659.
B. RA 8551
C. RA 6975
D. RA 9344
9. The following are the 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.
D. All of the above
10. Levels of Offense for Arson are the following, except
A. Attempted Arson
B. Frustrated Arson
C. Consummated Arson
D. None of the above
11. 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. Attempted Arson
B. Frustrated Arson
C. Consummated Arson
D. None of the above
12. A, with intent to burn, puts the rag soaked with kerosene in the combustible part of B’s house. A lights the
rag and while it is burning, A runs away. Before the fire from the rag consumes any part of the house, B
discovers it and extinguishes the fire.
A. Attempted Arson
B. Frustrated Arson
C. Consummated Arson
D. None of the above
13. A, with intent to burn, lights a rag soaked with kerosene in the combustible part of B’s house. But before the
fire was extinguished by B, it had already burned a small portion of the house.
A. Attempted Arson
B. Frustrated Arson
C. Consummated Arson
D. None of the above
14. A, with intent to burn, puts the rag soaked with kerosene in the combustible part of B’s house. A lights the
rag and while it is burning, A runs away. However, it was only the curtain of the house that was burned.
A. Attempted Arson
B. Frustrated Arson
C. Consummated Arson
D. Malicious Mischief
15. It is a well-settled principle of criminal law that a conviction for a crime cannot be unless the is
established.
A. Conspiracy
B. Motive
C. Intent
D. Corpus Delicti

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16. To establish the corpus delicti in arson, which of the proof of elements is required:
A. The burning of the house or other thing.
B. The criminal group that caused it.
C. The Value of the property burned
D. A and B only
17. Arson is established by proving the corpus delicti, usually in the form of
A. Circumstantial Evidence
B. Testimonial Evidence
C. Corroborative Evidence
D. Trace Evidence
18. If the crime of ARSON was employed by the offender as a means to kill the offended party, the crime
committed is
A. Homicide and Arson
B. Arson with Homicide
C. Arson
D. Murder
19. When the burning of the property was done by the offender only to cause damage but the ARSON resulted
in the DEATH of the person, the crime committed is
A. Homicide and Arson
B. Arson with Homicide
C. Arson
D. Murder
20. There is a special complex crime of ARSON WITH HOMICIDE. This statement is
A. improbable
B. correct
C. possible
D. incorrect
21. When the burning of one’s property results from reckless imprudence and it leads to damage to property of
another, the crime committed is
A. Malicious Mischief
B. Arson with Homicide
C. Reckless Imprudence resulting to Arson
D. Reckless Imprudence resulting to damage to property
22. The prober was able to receive an information to a witness that the at the start of fire they notice that the color of the
smoke was Reddish-brown or yellow smoke. As a prober, you can discern that the type of material involve in the burning
process is
A. product with petroleum base
B. presence of nitrates or substances, which are compounded with nitrates
C. product with petroleum base such as rubber, tar, coal, turpentine, or petroleum.
D. humid substances come in contact with combustible substances

A Self-regulated Learning Module 67


Evaluation of the Course
Name: _ Date:
Subject/Schedule: Score:

Instruction: Please answer the following questions truthfully. This will be used to enhance the module for improvement.
1. What lesson or activity did I enjoy most? Why?

2. What is the most important lesson which I can apply in my daily life?

3. What are the new insights/discoveries that I learned?

4. What topic/s do I find least important?

5. What possible topics should have been included?

A Self-regulated Learning Module 68


References:

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Research & Review Center, 2013.
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investigators, and business executives. Hoboken, N.J.: Wiley, c2013.
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c2012.
20) Cacdac, Arturo, G. SOCO:scene of the crime operation.Quezon City:Wiseman's, c2009
21) Delizo, Darlito Bernard G. Criminalistics : textbook and review materials. Baguio City : Prudence Research &
Review Center, 2013.
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2011. New York: Oxford University Press, 2011
32) Gardner, Ross M. Practical crime scene processing and investigation. 2nd ed. Boca Raton : CRC Press, 2012.
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business executives.
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Press.

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36) Geberth, V. (2003) . Sex related homicide and death investigation: practical clinical perspectives.
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48) Primer on Protocol for Explosives Related Incidents Investigation 2010
49) Revised PNP Operational Manual 2013
50) PNP SOP on Crime Scene Investigation
51) PNP SOCO manual 2010

A Self-regulated Learning Module 70


UNIVERSITY O F
Baguio
General Luna Road 2600
Baguio City Philippines
Te l Nos. (074) 442-4915
Fax No. (074) 619-0003
www.ub aguio.edu

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