Professional Documents
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Module Cdisci1
Module Cdisci1
SPECIALIZED CRIME
CDISCI1 INVESTIGATION WITH LEGAL
MEDICINE
Table of Contents 2
Introduction to Module 4
MODULE
Objectives 5
Pre-test Questions 5
Lesson Contexts 5
Activity No. 1 10
Post-test Questions 11
Objectives 16
Pre-test Questions 16
Lesson Contexts 16
Activity No. 2 26
Post-test Questions 27
Objectives 30
Pre-test Questions 30
Activity No. 3 30
Activity No. 4 41
Activity No. 5 45
4 RAPE INVESTIGATION
Objectives 49
Pre-test Questions 49
Lesson Contexts 49
Activity No. 6 56
Post-test Questions 57
Objectives 58
Pre-test Questions 58
Lesson Contexts 58
Activity No. 7 64
Post-test Questions 65
References 69
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
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.
Pre-test: Answer the following questions briefly. Write your answer/s on the space provided after each question.
LESSON CONTEXTS:
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.
7. Confession - is an express acknowledgement by the accused in a criminal prosecution of the truth of his guilt as
to the offense charge.
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.
In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of
investigation, namely:
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.
Investigation of Suspects
TWO SPECIAL LAWS GOVERNING THE RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION AND
INTERROGATION
A. REPUBLIC ACT NO. 7438
B. REPUBLIC ACT NO. 9745
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.
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.
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?
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
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?
LESSON CONTEXTS
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
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.
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.
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
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.
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.
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.
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
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.
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.
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.
4. Package properly
a) Use suitable container
b) Secure against leakage or seepage
c) Prevent from contamination, destruction or addition of extraneous characteristics
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???
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.
Instruction: Draw a diagram or concept map of the whole crime scene investigation Process. Use the space below.
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:
Pre-test: Answer the following questions. Use the space provided after each question/s.
1. What is Homicide Investigation?
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.
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
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.
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.
G. INFANTICIDE
a. What law punishes the crime of Infanticide?
- Revised Penal Code Article 255
Instruction: Distinguish each crimes under crimes against person. Used the box below for your answers.
Crimes against person
Crime Elements Penalty Special Consideration
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
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
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.
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.
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.
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.
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.
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
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.
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
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.
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.
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
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
Pre-test. Answer the following questions. Use the space provided after each questions.
1. What is 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) 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.
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.
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.
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.
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.
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.
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.
2. The Investigation
Law enforcement officers cannot rely on forensic toxicology reports alone. Accounts from any people at
the scene will be important
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
Instruction: Answer the following questions in not more or less than 200 words. Put your answer on the space
provided after each questions.
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?
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.”
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.
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.
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.
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.
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
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
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.
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
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.
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)
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
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
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?
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