CDI 2

SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE

CHAPTER I : LESSON 1
The Investigator
In the field of special crime investigation an investigator is the person who is tasked
with the duty of carrying out the objectives of investigation. This is a multi-various job
which involves identifying the criminals, locating the criminal offender, providing evidence
to prove the guilt and acting as a witness in favor of the prosecution.
The job of the investigator involves the task of identifying the criminal offender,
protecting the crime scene, collection of evidence from the crime scene, interviewing
witnesses, reconstructing the crime scene, tracing and locating the suspect, vigorous
questioning of the suspect in custody and in observance of due process, serves as a
witness in favor of the aggrieved or offended party.
In homicide cases, if the investigator should happen to be the first responder
officer, his primary task is the verification of death of the victim.
Responsibilities of a Homicide Investigator: The various responsibilities of the
Homicide Detail consists of investigating death related crimes shootings, jail crimes,
missing person reports and Internal Criminal Investigations. The supervising officer is
available at all times, by telephone or pager in order to coordinate and expedite crime
scene response.
The homicide unit manned by the best and well trained investigators who are on
call 24 hours a day, 7 days a week, and have unlimited access to the office support staff.
These investigators interact constantly with the Office of the Prosecutor, Crime
Laboratory, the Medico Legal Office, the Identification Section as well as other local and
foreign agencies concerned with the Criminal Justice System such as the National Bureau
Investigation, Philippine Drug Enforcement Agency, Bureau of Corrections, Bureau of Jail
Management and Penology, Interpol, FBI and the like.
The primary function of the homicide unit is the investigation of death related
cases. These cases are complex, sensitive and often labor intensive.
The investigator demonstrate tremendous skill and experience in their field of work
in order to efficiently process high profile assignments. Investigators assigned to a murder
case work on from the crime scene to conviction. They process the application of search
warrants, collect evidence, conduct extensive interviews and interrogations, attend
autopsies, perform death notifications and accomplish all reports for case filing and
prosecution.
Homicide investigators are also assigned death investigations in which the patrol
officers or coroner investigator believes suspicious circumstances exists. These cases
may ultimately prove natural death, suicides, accidental death, fire incidents wherein
some victims die. It is the duty of the homicide investigator to either include or exclude
criminal wrongdoing. In addition to the above mentioned, the rights of the accused under
custodial investigations shall be strictly observed to wit:
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CHAPTER I: LESSON 2
REPUBLIC ACT NO. 7438 (April 27, 1992)
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED DETAINED OR
UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF.
Section 1. Statement of Policy. -It is the policy of the Senate to value the dignity
of every human being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or under Custodial Investigation;

Duties of Public Officers. -
(a) Any person arrested detained or under custodial investigation shall at all
times be assisted bycounsel

(b) Any public officer or employee, or anyone acting under his order or his
place, who arrests, detainsor investigates any person for the commission of an offense
shall inform the latter, in a language know to and understood by him, of his rights to
remain silent and to have competent and independent counsel, preferably of his own
choice, who shall at all times be allowed to confer privately with the person arrested,
detained or under custodial investigation. lf such person cannot afford the services of his
own counsel, he must be provided with a competent and independent counsel by the
investigating officer.

(c)The custodial investigation report shall be reduced to writing by the investigating

officer, provided that before such report is signed, or thumb marked if the person arrested
or detained does not know how to read and write, it shall be read and adequately
explained to him by his counsel or by the assisting counsel provided by the investigating
officer in the language or dialect known to such arrested or detained person, otherwise,
such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under

custodial investigation shall be in writing and signed by such person in the presence of
his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of
the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal
judge, district school supervisor, or priest or minister of the gospel as chosen by him;
otherwise, such extrajudicial Confession shall be inadmissible as evidence in any
proceeding.

(e)Any waiver by a person arrested or detained under the provisions of Article 125
of the Revised Penal Code, or under custodial investigation, shall be in writing and signed
by such person in the presence of his counsel; otherwise the waiver shall be null and
void.
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 (f) Any person arrested or detained or under Custodial investigation shall be
allowed visits by or conferences with any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by any member of his immediate
family or by his counsel, or, by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any international non-
governmental organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé or fiancée, parent or child,
brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian
or ward.
As used this Act, "custodial investigation" shall include the practice of issuing an
invitation" to a person who investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the "inviting" officer for any violation
of law.

Section 3. Assisting Counsel- Assisting counsel is any lawyer, except those

directly affected by the case, those charged with conducting preliminary investigation or
those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the
following fees:
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person
is chargeable with lightfelonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person
is chargeable withless grave of grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person
is chargeable with acapital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot pay
such fee, the province comprising such municipality or city shall pay the fee: Provided,
That the Municipal of City Treasurer must certify that no funds are available to pay the
fees of assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and
the suspected person can only be detained by the investigating officer in accordance
with the provisions of Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. -

(a) Any arresting public officer of employee, or any investigating officer, who
fails to inform anyperson arrested, detained or under custodial investigation of his right to
remain silent and to have competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment
of not less than eight (8) years but not more than ten (10) years, or both. The penalty of
perpetual absolute disqualification shall also be imposed upon the investigating officer
who has been previously convicted of a similar offense.
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 The same penalties shall be imposed upon an officer or employee or anyone acting
upon orders of such investigating officer or in his place, who fails to provide a competent
and independent counsel to a person arrested, detained or under custodial investigation
for the commission of an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstruct, persons or prohibits any lawyer, any member of
the immediate family ofa person arrested, detained or under custodial investigation, or
any medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, of from
examining and treating him, or from ministering to his spiritual needs, at any hour of the
day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less
than four (4) years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).
The provisions of the above section notwithstanding, any security officer with
custodial responsibility over any detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and prevent his escape.

Section 5. Repealing Clause. - Republic Act No. No. 857, as amended, is hereby
repealed. Other laws, presidential decrees, executive orders or rules and regulations, or
parts thereof inconsistent with the provisions of this Act are repealed or modified
accordingly.

Section 6. This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in any daily newspapers of general circulation in the Philippines.

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 CHAPTER 1: LESSON 3
Crime Scene Investigation
It is the conduct of processes, more particularly the recognition, search, collection,
handling, preservation and documentation of physical evidence to include the
identification and interview of witnesses and-the arrest of suspect/s at the crime scene.
Upon receipt of a report/complaint of a crime incident, the desk officer shall:
a. Record the time the report/complaint was made, the identity of the person
who made the report,place of the incident and a synopsis of the incident.
b. Inform his superior officer or the duty officer regarding the report.

First Responder - any police officer who first arrives at the crime scene and shall
endeavor to protect and secure the same as follows:
a. Cordon off the crime scene with whatever available materials like ropes,
straws, barricade, policeline, if available, etc.;
b. Evacuate injured persons to the nearest hospital
c. Prepare to take the "dying declaration" of severely injured person, if any;
d. Prevent entry/exit of persons within cordoned area; and
e. Prepare to brief the investigators of the situation upon their arrival.

Crime Scene Investigation Proper-

1. Receipt of Briefing and Designation of Command Post. The team leader
upon arrival at the crimescene receives the briefing from the first responder and shall
immediately designate a command post which is ideally located adjacent to the scene
where the evidence custodian stays and receives the pieces of evidence turned over to
him for safe-keeping by the other evidence collectors.

2. Initiation of Preliminary Survey. The team leader makes a general

assessment of the scene, takesa cautious walk-through of the crime scene, takes down
extensive notes to document important factors, and establishes the evidence most likely
to be encountered. He then defines the extent of the search area, and determines
personnel and equipment needed, and make specific assignments.
From his assessments, he develops a general theory of the crime scene.

3. Preparation of Narrative Report. The team leader uses the systematic

approach in making anarrative report. No item is too insignificant to record if it catches
one's attention.

4. Documentation of the Crime photographer begins taking photographs

as soon as possible. The evidence collectors do not touch or move any evidence once
it is located until it has identified, measured, recorded and photographed. The best tool
in documenting the crime scene is the use of video camera.

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 5. Crime Scene Sketches. A rough sketch is prepared indicating the actual
measurement s of thethings with scale and proportion observed and oriented to the North
Pole.

6. Detailed Search. The search for physical evidence is done using the
accepted methods of searchdepending upon the actual location to be searched.

7. Collection of Physical Evidence. The team leader is always informed of

significant evidencelocated. The evidence collector shall put his initial, location and date
of collection on the item and turn it over to the evidence custodian for documentation and
safekeeping. In cases where the evidence encountered needs special processing due to
significant or sensational cases, the Scene of the Crime Operation (SOCO) specialists of
the Crime Laboratory shall be requested.
8. Conduct of Final Survey. The team leader makes a final review of the
crime scene to determinewhether or not the processing has been completed.

9. Release of the Crime Scene. The release of the crime scene shall be done
if the investigator issatisfied that all pieces of evidence have been recovered. Thus, the
investigator must evaluate the items recovered from the results of interrogation of the
suspect/s and the interview of the witnesses. He must bear in mind that upon the formal
release of the crime scene to the proper authority, a warrant is already required for his
re-entry to the crime scene.

Conduct of Interview - While the crime scene is being processed, the team leader
shall designate other members to look for witnesses and immediately conduct interview.
The assigned investigators shall jot down important facts for the future reference.

Arrest of Suspect/s - Upon arrival at the crime scene, the team leader shall
endeavor to arrest the suspect/s if he is still at the crime scene or the first responder did
not arrest the suspect/s. the suspect/s shall be secured and shall be separated from the
other witnesses.

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CHAPTER II : LESSON 1
Rights of the person arrested or under investigation:
"You have the right to remain silent, anything that you say can and will be used for
or against you in any court of Law. You have the right to counsel of your own choice and
if you cannot afford, one shall be provided to assist you."

ARREST: All arrest should be made only on the basis of a valid warrant of Arrest
issued by a competent authority, except in cases specified under the doctrine of citizen's
arrest (Sec.5, Rule 113. Rules on criminal procedures).

Arrest is the actual restraint of the person to be arrested or by his submission to

the custody of the person making the arrest. No violence or unnecessary force shall be
used in making an arrest, and the person to be arrested shall not be subjected to any
greater restraint than is necessary for his detention.

Time of Arrest -As a general rule, arrest may be made on any day at any time of
the day or night.

Modes of Arrest - An arrest may be made by virtue of a Warrant of Arrest, or

without a warrant as hereinafter provided.

Execution of Warrant - The head of the office to whom the warrant of arrest has
been delivered for execution shall cause the warrant to be executed within ten (10) days
from receipt. Within ten (10) days after the expiration of such period, the officer to whom
it was assigned for execution shall make a report to the judge who issued the warrant and
in case of his failure to execute the same, shall state the reasons therefore.

Arrests by Virtue of a Warrant of Arrest -

a. It shall be the duty of the officer executing the warrant to arrest the accused
without unnecessarydelay and deliver him to the nearest police station or jail.

b. When making an arrest by virtue of a warrant, the officer shall inform the
person to be arrested ofthe cause of the arrest and of the fact that a warrant has been
issued for his arrest, except when he flees or forcibly resists before the officer has the
opportunity to so inform him or when the giving of such information will imperil the arrest.
The officer need not have the warrant in his possession at the time of the arrest but after
the arrest, if the person arrested so requires, the warrant shall be shown to him as
practicable.

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 When is a warrant of arrest not necessary?
(1) When the accused is already under detention pursuant to a warrant issued by
the MTC judge in Rule 112, Sec. 6 (b);
(2)When the complaint or information was filed pursuant to Rule 112, Sec. 7, i.e. a
valid warrantless arrest;
(3)When the offense is penalized by fine only. (Rule 112, Sec. 6 (c)
(4)When the accused lawfully arrested escapes or is rescued (Rule 113, Sec. 13)

Arrest without a Warrant; when lawful -

A peace officer or a private person may, without a warrant, arrest a person:
a. when, in his presence, the person to be arrested has committed, is actually
committing, or isattempting to commit an offense;
b. when an offense has just been committed and he has probable cause to
believe, based onpersonal knowledge of facts or circumstances, that the person to be
arrested has committed it; and
c. When the person to be arrested is a prisoner who has escaped from a penal
establishment orplace where he is serving final judgment or temporarily confined while
being transferred from confinement area to another.

Duties of Arresting Officer in Case of Arrest without a Warrant:

a. The arresting officer shall inform the subject or suspect, in the dialect or
language known to him,why he is being arrested, and of his right to remain silent and to
have a counsel of his own choice, to be informed of his authority and the cause of arrest
unless the person to be arrested is then engaged in the commission of an offense or is
pursued immediately after its commission or after and escapes; or flees or forcibly resists
before the officer has opportunity to so inform him, or when the giving of such information
will imperil the arrest.

b. The arrested person shall be delivered to the proper authorities without

unnecessary delay andwithin the time prescribed in Article 125 of the Revised Penal
Code, as amended (12, 18, or 36 hours, as the case may be).

c. The person arrested without a warrant shall be delivered to the nearest

police station or jail, andshall be subject of inquest proceedings under Section 7, Rule
112 of the 2000 Rules of Criminal Procedure.

d. If the person arrested without a warrant waives his right to remain silent
under the provisions of Art125 of the Revised Penal Code and to give a statement and
present evidence for his defense, the arresting officer shall ensure that the waiver made
by person arrested shall be in writing and in the presence of his counsel of choice.

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 e. Physical Examination of Arrested Person/Suspect - Immediately after
the arrest of a personarrested by the court, or of a person ordered arrested by the court,
or of a suspect under investigation, he should be subjected to a physical examination by
a medico-legal officer or, in the absence of such medico-legal officer by any government
physician in the area. Prior to his release or any change of custody, the suspect shall also
be physically examined.

Prohibitions - No torture, force, violence, intimidation, or any other means which

violates the free will shall be used against the suspect. Secret detention places solitary
confinement (incommunicado) or other similar forms of detention shall be prohibited.
Record check - The officer shall make a record check for the possibility that the
arrested person is wanted for crimes other than that for which the same was arrested.

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 CHAPTER II : LESSON 2
SEARCH AND SEIZURES:
Search Warrant Defined - It is an order in writing issued in the name of the people
of the Philippines, signed by a judge and directed to a peace officer, commanding him to
search for any property described therein and bring it before the court.

Constitutional Basis Art. III, Sec. 2 1987 Constitution:

"The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized."

Scope of the prohibition: The prohibition against unreasonable searches and

seizures is imposed only upon the government and its agencies tasked with the
enforcement of law.

Nature of Right against unreasonable search and seizures:

The right against unreasonable searches and seizure is personal; it may be
invoked only by the person entitled to .Waiver of the right against unreasonable searches
and seizures may be express or implied, but only by the person whose right is invaded,
not by one who is not duly authorized to effect such waiver.

Requisites for Issuance of Search Warrant

Warrant shall be issued only upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and things to be seized.

The following are the properties subject to seizures:

a. Properties which are the subject of the offense;
b. Stolen, embezzled proceeds, or fruits of the offense;
c. Objects including weapons, equipment, and other items used or intended
to be used as the meansor committing an offense;
d. Objects that are illegal per se in plain view.

Applications for Search Warrant - All application for search warrant shall be
approved by a duly designated officer. The application shall be recorded in a logbook.
The application shall indicate the following data:
a. Office applying for the Search Warrant;

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 b. Name of officer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be searched;
e. Specific statement of things/articles to be seized;
f. Sketch of the place to be searched.

Conduct of Search
(Sec.78 13, Rule 126 of the 2000 Rules of Criminal) Procedure as amended) - In
the conduct of search, if after giving notice of thus, purpose and authority the officer is
refused admittance to the place of search, he may break open any outer or inner door or
window or any part of a house or anything therein to execute the warrant or liberate
himself or any person lawfully aiding him when unlawfully detained therein.

Prohibited acts in the Conduct of Search

a. Houses, rooms, or other premises shall not be searched except in the
presence of the lawfuloccupant thereof or any member of his family or in the absence of
the latter, the presence of two (2) witnesses of sufficient age and discretion residing in
the same locality.
b. Lawful personal properties, papers, and valuables not specifically indicated
or particularlydescribed in the search warrant shall not be taken

Validity of Search Warrant

The searched shall be valid for ten (10) days from date of issuance. Thereafter it
shall be void.

Receipt for the Property Seized

The officer seizing property by virtue of the warrant shall give a detailed receipt for
the same to the lawful occupant of the premises in whose presence the search and
seizure was made or in the absence of such occupant, shall, in the presence of at least
two (2) witnesses of sufficient age and discretion residing in the same locality; leave a
receipt in the place in which he found the seized property in the absence of the lawful
owner.

Valid Warrantless Searches and Seizures -

a. Search incidental to lawful arrest.
b. Search of moving vehicles
c. Seizure of goods concealed t0 avoid duties.
d. Plain view search and seizure.
e. Consented Search.
f. Stop and Frisk
g. Administrative searches

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 h. Private searches
i. Border searches
j. Checkpoints

Conduct of search
Upon admittance, the officer must conduct the search in the presence of the lawful
occupant of the premises or any member of his family, or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality. (Rule 126, Sec. 8)
Failure to Comply invalidates the search. (People v. Gesmundo)
Seizure of property and issuance of receipt for the property seized
Once the property described in the warrant has been found and seized, the officer
must give a detailed receipt for such property to the lawful occupant of the premises. In
the absence of such occupant, the officer must leave a receipt in the place in which he
found the seized property in the presence of at least two witnesses of sufficient age and
discretion residing in the same locality.

The requisites for a valid waiver or consented search area follows:

(1) The Constitutional right exists;
(2) The person involved had constructive knowledge of such right; and
(3) There was an actual intention to relinquish the right.

Plain View: Requisites for a valid warrantless search under the plain view
doctrine:
(1) Prior valid intrusion based on the valid warrantless arrest in which the police
are legally present inthe pursuit of their official duties;
(2) The evidence was inadvertently discovered by the police who have the right
to be where they are;
(3 The evidence must be immediately apparent;
(4) Plain view justified the seizure of the evidence without any further search;
(5) The thing itself is illegal or prohibited.

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