CDI-222

Specialized Crime Investigation 2 with

Simulation on Interrogation and Interview
with Human Trafficking
CRIMES AGAINST PROPERTY

 Crimes directed to a person’s belongings, intellectual properties, and

money.
 Includes common crimes relating to theft or destruction of someone
else’s property.
 Theft or destruction is done without permission from the owner, to
intentionally permanently deprive, or risk depriving, an individual or
commercial entity from their physical or virtual property.
 It range from lower level offenses such as shoplifting or vandalism to
high level felonies including armed robbery and arson.
ARTICLE 293: ROBBERY
Who???
 Any person with intent to gain,  Elements of the Crime of
shall take any personal property Robbery:
belonging to another, by means
 Personal property belonging to
of violence or intimidation of any
person, or using force upon another.
anything shall be guilty of  The unlawful taking of that
robbery.
What??? property.
 With intent to gain (animus
 Robbery is the taking of personal lucrandi)
property belonging to another,
 Violence against or
with intent to gain, by means of
violence against or intimidation of intimidation of any person or
any person or using force upon force upon things.
anything.
PERSONAL PROPERTY
BELONGING TO ANOTHER
It means such property, whether tangibles or
those with physical appearance and form or
intangibles, as long as they maybe subject of
appropriation and may be carried away without
altering its nature.

Example: wallet or gadgets

PERSONAL PROPERTY
BELONGING TO ANOTHER
The identity of the real owner is not necessary so
long as the personal property taken does not
belong to the accused.

Grave Coercion
Impossible Crime of Theft
THE UNLAWFUL TAKING
OF THAT PROPERTY
It means appropriating a thing to another and placing it
under one’s control and possession
WITH INTENT TO GAIN
(ANIMUS LUCRANDI)
The taking is with intent to gain either its for personal
use or for sale.

*no intent to gain=Coercion

*intent to gain is presumed from the unlawful taking of
the personal property
 Click icon to add picture
VIOLENCE AGAINST OR
INTIMIDATION OF ANY PERSON
OR FORCE UPON THINGS
Section 1.
Robbery with violence against, or intimidation of
persons
Section 2.
Robbery by the use of force upon things
Article 294: Violence against or intimidation of any person or
force upon things

 The penalty of reclusion perpetua to death, when by reason or on occasion SECTION 1. Robbery with
of the robbery, the crime of homicide shall have been committed.
violence against, or
 The penalty of reclusion temporal in its medium period The reclusion intimidation of persons:
perpetua when the robbery shall have been companied by rape or intentional
mutilation, or if by reason or on occasion of such robbery, any of the  Robbery with Homicide
physical injuries penalized in subdivision 1 of Article 263 shall have been
inflicted; Provided, however, that when the robbery accompanied with rape is
committed with the use of a deadly weapon or by two or more persons, the  Robbery with Rape
penalty shall be reclusion perpetua to death (As amended by P.D. 767).
 The penalty of reclusion temporal, when by reason or on occasion of the
 Robbery with Intentional
robbery, any of the physical injuries penalized in subdivision 2 of the article mutilation
mentioned in the next preceding paragraph, shall have been inflicted.
 Robbery with Arson
 The penalty of prision mayor in its maximum period to reclusion temporal in
its medium period, if the violence or intimidation employed in the
commission of the robbery shall have been carried to a degree clearly  Robbery with Physical
unnecessary for the commission of the crime, or when the course of its Injuries (*serious physical
execution, the offender shall have inflicted upon any person not responsible injuries*)
for its commission any of the physical injuries covered by sub-divisions 3 and ** special complex
4 of said Article 23. crimes(aka
 Robbery withComposite Crimes
Unnecessary
or Special Indivisible
Violence
Crimes**
Article 295: Robbery with physical injuries, committed in an uninhabited
place and by a band, or with the use of firearm on a street, road or alley.

Aggravating circumstances:
 Art. 295, not applicable to:
Special aggravating circumstances
increased the penalty to the maximum
 Robbery with Homicide
period and cannot be offset by ordinary mitigating
circumstance.
 Robbery with Rape
Thus, the penalty is to be imposed in maximum  Robbery with Intentional
period When the robbery is committed:
 In uninhabited place
mutilation
 By a band  Robbery with Arson
 By attacking a moving train, street car,
motor vehicle or airship
 Robbery with Serious Physical
 Entering passenger’s compartment in a Injuries resulting in insanity,
train
imbecility, impotency or blindness
 By any manner, taking the passengers
thereof by surprise in the respective NOTE! If aggravating circumstances are
conveyances present, considered as Ordinary aggravating
 On a street, road , highway, or alley, and circumstances
the intimidation is made with use of a
firearm.
NOTE! Applicable on other circumstances of
robbery with physical injuries and simple robbery
Article 296: Definition of a band and penalty incurred
by the members thereof
 Band  Malefactors
when more than three armed
malefactors take part in the commission of offenders ( not limited to male offender)
a robbery, it shall be deemed to have been
committed by a band.  Number of malefactors
More than three (at least four above) and are armed

 Armed  Liability
A member of the band is liable of any of the assaults
may refer to any object capable of committed by the other members thereof. NOTE! They are all
inflicting a bodily injury. considered as
“principal”
When any of the firearms used be an  Art. 296
unlicensed firearm, the penalty to be  Any member of a band who is present at the
imposed upon all the male factors shall commission of a robbery by the band, shall be
be the maximum of the corresponding punished as principal of any assault committed by
penalty provided by law, without prejudice the band, unless it be shown that he attempted to
of the criminal liability for illegal prevent the same.
Robbery with ordinary aggravating
possession of such unlicensed firearms. circumstances of a band
(robbery with a band)
Article 297: Attempted and Frustrated Robbery
Committed Under Certain Circumstances.

It is committed when by  Elements:

reason or on occasion of
an attempted or frustrated
robbery a homicide is
committed.
 There is an attempted or
frustrated robbery
 A homicide is committed
(consummated)
The person killed is a victim of the
robbery and killer is the robber.
Article 298: Execution of deeds by means of violence or
intimidation
It is committed by any person
who, with intent to defraud
another, by means of violence
or intimidation, shall compel
him to sign, execute or deliver
any public instrument or
documents.
 Elements:
 Offender has intent to defraud
another
 Offender compels him to sign,
execute, or deliver any public
instrument or document; and
(The document must be capable of
producing legal effect and the victim is
under a lawful obligation to execute and
deliver the document.)
 Compulsion by means of violence
or intimidation
Article 299: Robbery in an inhabited house or public
building or edifice devoted to worship
SECTION 2: Robbery by the use of force
upon things
it requires some element of
trespass into the establishment where the
robbery was committed;
if no entry was effected, even
though force may have been employed in
the taking of the property from within the
premises, the crime will only be theft.
 1st kind:
 Offender entered an inhabited house, or
public building, or edifice devoted to religious
worship
 Entrance was effected by any of the following
means:
a. Through an opening not intended for
entrance or egress;
b. By breaking any wall, roof, or floor, or
breaking any door or window;
c. By using false keys, picklocks, or similar
tools
d. By using any fictitious name or
pretending the exercise of public
authority.
 Once inside the building, the offender took
personal property belonging to another with
intent to gain
Article 299: Robbery in an inhabited house or public
building or edifice devoted to worship

2nd kind:  Article 300: Robbery in an

 Offender is inside a dwelling
house, public building or edifice
uninhabited place and by a
devoted to religious worship band
regardless of circumstances  This crime happens when the
under which he entered it: robbery in article 299, is
 Offender takes personal committed in an uninhabited
property belonging to another, place and by a band
Robbery took place in an
with intent to gain, under of the uninhabited place and by a band
following circumstances
a. By breaking of doors,
wardrobes, chest or any other kind of
locked or sealed furniture or
receptacle or door
b. by taking such furniture or
objects away to be broken or forced
open outside the place of the robbery
Article 301: what is an inhabited house, public building or
building dedicated to religious worship and their dependencies

Inhabited House
- any shelter, ship, or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall temporarily be absent
therefrom when the robbery is committed.
Dependencies
- all interior courts, corrals, water houses, granaries, barns, coach- NOTE! Orchards and other lands
used for cultivation or production
houses, stables or other departments or enclosed places contiguous to the are not included even if closed,
building or edifice, having an interior entrance connected therewith, and which contiguous, to the building, and
form part of the whole, shall be deemed dependencies of an inhabited house, having direct connection therewith

public building or building dedicated to religious worship

Public Building
- includes every building owned by the government or belonging to a
private person used or rented by the government, although temporarily
unoccupied by the same.
Article 302: Robbery in an uninhabited place or in a
private building

Elements:
1. Offender entered an uninhabited place or building which was not a dwelling
house, not a public building, or not an edifice devoted to religious worship;
(warehouse or stores)
2. Any of the ff. circumstances was present:
A. Entrance was effected through an opening not intended for entrance or egress
B. Wall, roof, floor, or outside door or window was broken
C. Entrance was effected through the use of false keys, picklocks, or other similar tools.
D. Door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken
E. Closed or sealed receptacle was removed, even if the same be broken open elsewhere

3. With intent to gain, the offender took offender therefrom personal property
belonging to another.
Article 303: Robbery of cereals, fruits, or firewood in an
uninhabited place or private building

Committed by the use of forced upon things, without

violence against or intimidation of any person in an
inhabited house, public building, or edifice devoted to
religious worship (art. 299) or in an uninhabited place or
private building. (Art. 302)
Cereals, fruits, or firewood (due to hunger)
Article 304: Possession of picklocks or similar tools
 It is committed by any person who shall
without lawful cause have in his
 Article 305: False Keys
possession picklocks or similar tools
especially adopted to the commission
of the crime of robbery.  Tools mentioned in the next preceding
articles
 It is also committed by any person who  Genuine keys stolen from the owner
shall make such tools  Any keys other than those intended by
 Elements: the owner for use in the lock forcibly
Offender has in his possession picklocks or
opened by the offender
similar tools
Such picklocks or similar tools are specially
adopted to the commission of robbery
Offender does not have lawful cause for such
possession
Article 306: Who are Brigands?

 When more than three armed  Requisites:

persons form a band of  There be at least four armed
robbers for the purpose of malefactors;
committing robbery in the  They formed a band of robbers ;
highway, or kidnapping and
persons for the purpose of  They purpose is any of the ff.
extortion or to obtain  To commit robbery in the highway
ransom or any other purpose  To kidnap persons for the purpose
to be attained by means of of extortion or to obtain ransom
force and violence, they shall  To attain by mains of force and
violence any other purpose
be deemed highway robbers
or brigands
Article 306: Who are Brigands?
 Presumption;
 If any of the arms carried by any of said
persons be an unlicensed firearms, it shall be
presumed that said persons are highway
robbers or brigands.
 When consummated?
 Mere formation of band of highway robbers
consummates the crime of brigandage.
 Actual commission of robbery on the highway
is not an element of brigandage
 Who are the victims?
 Brigandage is a crime of
depredation wherein the unlawful
acts are directed not only against
specific, intended or preconceived
victims, but against any and all
prospective victims anywhere on the
highway and whoever they may be
potentially be.
Article 307: Aiding and Abetting a band of brigands

 It is committed by any person  Elements:

knowingly and in any manner
aiding, abetting or protecting a
band of brigands as described in
article 306, or giving them
information of the movements of
the police or other peace officers
of the government, when the
latter acting in aid of the
government, or acquiring or
receiving the property taken by
such brigands.
 There is a band of brigands;
 Offender knows the band to be of
brigands; and
 Offender does any of the ff. acts
 He in any manner aids, abets, or
protects such band of brigands;
 He gives them information of the
governments of the police or other
peace officers of the government;
or
 He acquires or receives the property
taken by such brigands.
P.D NO. 532: Highway Robbery or Brigandage

 It is the seizure of any person for  Philippine Highway

ransom, extortion or other
unlawful purposes, or taking away
of property of another by means
of violence against or intimidation
of person or force upon things of
other unlawful means, committed
by any person on any Philippine
Highway.
 It shall refer to any road, street,
passage, highway, and bridges or
other parts thereof, or railway or
railroad within the Philippines used
by persons, or vehicles, or
locomotives or trains for the
movement or circulation of persons
or transportation of goods, articles,
or property or both.
 P.D 532 vs. Article 306, RPC
 Consummation of the crime
 P.D 532
 Actual commission of the crime will
consummate the crime.
 Place of commission
 Committed on the highway
 Numbers of offenders
 It can be committed by single offender
because the law uses the word “any person”
 Who are the victims
 Highway robbery requires that commission of
robbery is not an on the spur of the moment
decision by the accused; it requires habituality
or regularity and the commission thereof is
indiscriminate and not against a
predetermined victim. i.e against any traveling
person
 Consummation of the crime
 Article 306
 Formation of at least four armed men for the
purpose of committing robbery on the highway
consummates of the crime
 Place of commission
 Committed on the highway
 Numbers of offenders
 The offenders must be at least four armed men
 Who are the victims
 In the brigandage, the unlawful acts are directed
not only against the specific, intended or
preconceived victims, but against any and all
prospective victims anywhere on the highway
and whoever they maybe potentially be.
Article 308: Theft
 Who are liable for theft?  Elements
 Theft is committed by any
person who, with intent to gain
but without violence against or
intimidation of person nor
force upon things, shall take
personal property of another
without the latters consent.
 There is a taking of personal
property;
 Property taken belongs to another;
 Taking was done with intent gain;
 Taking was done without the
consent of the owner; and
 Taking is accomplished without the
use of violence against or
intimidation of person or force upon
things.
Who are liable for theft?
 There is taking of personal  Property taken belongs to another
property  Owner ship is immaterial in theft. The subject
of the crime of theft is any personal property
 TAKING belonging to another.

 Taking is the act of depriving another of  Taking was done with intent to gain
the possession and dominion of
 Material possession = Theft
movable property
 Material and juridical possession= Estafa
 The taking must be accompanied by the
intension, at the time of taking, of with  Taking is accomplished without the use
holding the thing with some character of
permanency of violence against or intimidation of
persons or force upon things.
 Complete and unlawful taking
 Unlawful taking is deemed complete
from the moment the offender gains
possession of the thing, even if he has
no opportunity to dispose of the same
 OTHER INSTANCES OF THEFT

 Any person who, having found lost property, shall fail

to deliver the same to local authorities or its owner;
 Any person who, after having maliciously damaged
the property of another, shall removed or make use
of the fruits or object of the damage caused by him;
and
 Any person who shall enter an enclosed estate or a
field trespass is forbidden or which belongs to
another and without the consent of its owner, shall
hunt or fish upon the same or shall gather cereals,
or other forest or farm products.
Article 310: Qualified Theft
 If theft is committed by domestic servant;
 If the theft is committed with grave abuse of confidence;
 If the property stolen is a motor vehicle, mail matter or large cattle;
 If the property stolen consist of coconuts taken from the premises of
a plantation;
 If the property stolen is fish from a fishpond or fishery; or
 If property is taken on the occasion of fire, earthquake, typhoon,
volcanic eruption, or any other calamity, vehicular accident or civil
disturbance.
Article 310: Qualified Theft
 Theft Is Committed By Domestic Servant  Theft With Grave Abuse Of Confidence
 Domestic worker or “kasambahay”
refers to any person engaged in
domestic work within an
employment relationship such as,
but not limited to, the following:
general house help, nurse maid or
“yaya”, cook, gardener, or laundry
person, but shall exclude any person
who performs domestic work only
occasionally or sporadically and not
on an occupational basis.
 The presupposes that there should
be a relation of dependence,
guardianship or vigilance between
the accused and the victim which
created a high degree of trust and
confidence.
 It should be proven that the victim
proposed trust and confidence and
it was this which enabled the
accused to commit the crime.
Article 310: Qualified Theft

 If The Property Stolen Is A Motor Vehicle, Mail Matter Or Large Cattle

 Theft Of Motor Vehicle

 This was modified by Republic Act No. 10883 the “New Anti-Carnapping Act
of 2016”

 Theft Of Mail Matter

 Post master = Infidelity in the Custody of Documents/ removal or
concealment or destruction of document under Article 236 RPC
 Mail Carriers = Qualified theft

 Theft Of Large Cattle

 This has been modified by P.D 533 or the anti-Cattle Rustling Law
R.A 10883: New Anti-Carnapping Act of 2016

 Crimes  Motor Vehicle

 Carnapping  Motor vehicle refers to any vehicle propelled by any
power other than muscular power using the public
 Concealment of carnapping highways NOTE! Powered by gas or diesel
 Defacing or tampering with  Motor vehicles not covered: or solar power
serial numbers of motor vehicle  Road rollers
engines, engine blocks, and  Trolley cars
chassis  Street sweepers
 Identity transfer  Sprinklers
 Transfer of vehicle plate without  Lawn movers
securing the proper authority  Bulldozers
from the LTO  Graders
 Sale of second hand spare  Forklifts
parts taken from a carnapped  Amphibian trucks, and cranes if not used in public highway
vehicle.  Vehicles which run only on rails or tracks
 Tractors, trailers, and traction engine of all kinds used
exclusively for agricultural purposes.
R.A 10883: New Anti-Carnapping Act of 2016
 Carnapping
 Is the taking, with intent to
gain, of a motor vehicle
belonging to another without
the latter’s consent, or by
means of violence against or
intimidation of persons, or by
using force upon things.
 Elements:
 That there is an actual taking of the
vehicle;
 That the vehicle belongs to a person
other than the offender himself;
 That the taking:
 Is without the consent of the owner
thereof;
 Was committed by means of violence
against or intimidation of persons, or
 By using force upon things; and
 That the offender intends to gain from
taking of the vehicle.
R.A 10883: New Anti-Carnapping Act of 2016
 Concealment Of Carnapping  Defacing Or Tampering With Serial
Numbers Of Motor Vehicle Engines,
 It is a crime committed by any Engine Blocks, And Chassis
person or juridical entity which
conceals the crime of  Defacing or tampering with a serial
carnapping number refers to the altering ,
changing, erasing, replacing, or
scratching of the original factory
inscribed serial number on the
motor vehicle engine, engine block,
or chassis of any motor vehicle
R.A 10883: New Anti-Carnapping Act of 2016
 Identity Transfer
 Is a crime committed by any person,
office or entity who uses and /or allows
the sale, registration, and/or transfer
into the name, chassis number, engine
number and plate number of a motor
vehicle declared as “total wreck” or
beyond economic repair by concerned
insurance company, and/or law
enforcement agencies, due to it’s
involvement in a vehicular accident or
for some other causes.
 Total wreck
 Refers to the state or status of a motor
vehicle after a vehicular accident or other
incident, so that it is rendered inoperational
and beyond economic repair due to the
extent of the damage in it’s body, chassis
and engine
 Transfer Of Vehicle Plate Without Securing
The Proper Authority From The LTO
 It shall be unlawful for any person, office
or entity to transfer or use a vehicle
plate from one vehicle to another
without securing the proper authority
from the LTO.
 Sale Of Second Hand Spare Parts
Taken From A Carnapped Vehicle
 It shall be unlawful for any person, office
or entity to buy and/ or sell any second
hand spare parts taken from a
carnapped vehicle.
P.D 533: The Anti-cattle Rustling Law Of 1974
 Large cattle
 Large cattle include the cow, carabao,
horse, mule, ass, or other domesticated
member of the bovine family
 Cattle rustling
 Taking away by any means,
method or scheme, without
the consent of the
owner/raiser, of any large
cattle whether or not for profit
or gain, or whether committed
with or without violence
against or intimidation of any
person or force upon things.
 It includes the killing of large
cattle, or taking its meat or
hide without the consent of
the owner/raiser.
P.D 533: The Anti-cattle Rustling Law Of 1974

 Duty of owner/ raiser to register:  Presumption of cattle rustling

 The owner/raiser shall, before the large
cattle belonging to him shall attain the
age of six months, register the same with
the office of the city/municipal treasurer
where such large cattle are raised.
 Clearance for shipment of large
cattle
 Any person, partnership, association,
corporation, or entity desiring to ship or
transport large cattle, it hides, or meat,
from one province to another shall
secure a permit for such purpose from
the provincial commander of the
province where the large cattle is
registered.
 Every person having in his
possession, control or custody of
large cattle shall, upon demand by
competent authorities, exhibit the
permit of registration or clearance
for shipment.
 Failure to exhibit the required
documents shall be prima facie evidence
that the large cattle in his possession,
control or custody are the fruits of the
crime of cattle rustling.
ARTICLE 311: Theft Of The Property Of The National Library
And National Museum

 If the property stolen be any  Regardless of what was stolen or how

property of the national library or much it cost.
national museum, the penalty
shall be arresto mayor or a fine
ranging from forty thousand
pesos (40,000) to one hundred
thousand pesos (100,000) or
both, unless a higher penalty
should be provided under other
provisions of this code, in which
case, the offender shall be
punished by such higher penalty.
ARTICLE 312: Usurpation
 Occupation of real property or
usurpation of real rights in
property
 Any person who, by means of violence
against or intimidation of persons, shall
take possession of any real property or
shall usurp any real rights in property
belonging to another, in addition to the
penalty incurred for the acts of violence
executed by him, shall be punished by a
fine from 50-100 per centum of the gain
which he shall have obtained, but not
less than 75 pesos.
 If the value of the gain cannot be
ascertained, a fine from 200 to 500
pesos shall be imposed.
 Acts Punishable:
 By taking possession of any real property
belonging to another by means of violence
against or intimidation of persons.
 By usurping any real rights in property
belonging to another by means of violence
against or intimidation of persons.
 ELEMENTS:
 The offender take possession of any real
property or usurps any real rights in property.
 The real property or real rights belonging to
another.
 The violence against or intimidation of
persons is used by the offender in occupying
real property or usurping real rights in the
property.
 There is intent to gain
ARTICLE 313: Altering Boundaries Or Landmark

 It is committed by any person who shall

alter the boundary marks or monuments
of towns, provinces, or estates, or any
other marks intended to designate the
boundaries of the same.
 Elements:
 There are boundary marks or
monuments of towns, provinces, or
estates, or any other marks
intended to designate the
boundaries of the same; and
 Offender alters said boundary
marks.
ARTICLE 314: Fraudulent Insolvency

 It is a crime committed by any person who shall

abscond with his property to prejudice of his
creditor.
 Elements:
 Offender is a debtor, that is, he has obligations due and payable;
 He absconds with his property; and
 There be prejudice to his creditors.
ARTICLE 315: SWINDLING (ESTAFA)

 Elements:
 Accused defrauded another
a. With unfaithfulness or abuse of confidence
b. By means of false pretenses of fraudulent acts; or
c. Through fraudulent means
 Damage or prejudice capable of pecuniary estimation is caused to the
offended party of third person.
ARTICLE 315: SWINDLING (ESTAFA)

 Estafa With Unfaithfulness Or Abuse Of Confidence

1. Altering the substance, quantity, or quality of anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal consideration.
2. By misappropriating or converting, to the prejudice of another, money, goods,
or any other personal property received by the offender in trust or on
commission, or for administration, or under any other obligation involving the
duty to make delivery of or return the same, even though such obligation be
totally or partially guaranteed by a bond; or by denying having received such
money, goods, or other property.
3. By taking undue advantage of the signature of the offended party in blank, and
by writing any document above such signature in blank, to the prejudice of the
offended party or any third person.
ARTICLE 315: SWINDLING (ESTAFA)

 Estafa By Means Of False Pretenses Or Fraudulent Acts

1. By using fictitious name, or falsely pretending to posses
power, influence, qualifications, property, credit, agency,
business or imaginary transactions, or by means of other
similar deceits.
2. By altering the quality, fineness or weight of anything
pertaining to his art or business.
3. By pretending to have bribed any Government employee,
without prejudice to the action for calumny which the
offended party may deem proper to bring against the
offender.
slander/libel
ARTICLE 315: SWINDLING (ESTAFA)

 Estafa By Means Of False Pretenses Or Fraudulent Acts

4. By post-dating a check, or issuing a check in payment of an obligation when the
offender had no funds in the bank, or his funds deposited therein were not sufficient to
cover the amount of the check kaliwaan/at the

 Elements
same time= estafa
Utang/after the
transaction= BP
1. The postdating or issuance of a check in payment of an obligation contracted at the time 22("Bouncing
the check was issued; Checks Law“)

2. Lack of sufficiency of funds to cover the check;

3. Damage to the payee
5. By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment house and the like without paying thereof, or
by obtaining credit hotel, inn, restaurant, boarding house, lodging house or apartment
house, by the use of false pretense, or by abandoning or surreptitiously removing any
part of his baggage from a hotel, inn, restaurant, boarding house, lodging house, or
apartment house after obtaining credit, food, refreshment or accommodation therein
without paying his food, refreshment or accommodation.
ARTICLE 315: SWINDLING (ESTAFA)

 Estafa Through Fraudulent Means

 By inducing another, by means of deceit, to sign any
document.
 By resorting to some fraudulent practice to insure successcheating
in a gambling game.
 By removing, concealing or destroying, in whole or in part,
any court record, office files, document or any other
papers.
ARTICLE 316: OTHER FORMS OF SWINDLING
1. Any person who, pretending to be
owner of any real property, shall
convey, sell, encumber or mortgage
the same.
2. Any person, who, knowing that real
property is encumbered, shall dispose
of the same, although such
encumbrance be not recorded
3. The owner of any personal property
who shall wrongfully take it from its
lawful possessor, to the prejudice of
the latter or any third person.
4. Any person who, to the prejudice of
another, shall execute any fictitious
contract.
5. Any person who shall accept any
compensation given him under the belief
that it was in payment of services
rendered or labor performed by him,
when in fact he did not actually perform
such services or labor.
6. Any person who, while being a surety
in a bond given in a criminal or civil
action, without express authority from
the court or before the cancellation of
his bond or before being relieved from
the obligation contracted by him, shall
sell, mortgage, or, in any other manner,
encumber the real property or properties
with which he guaranteed the fulfilment
of such obligation.
ARTICLE 316: OTHER FORMS OF SWINDLING

 Conveying, Selling, Encumbering, Or Mortgaging Any Real

Property, Pretending To Be The Owner Of The Same.
 Elements
1. The thing must be a real property
2. Offender who is not the owner of said property should represent that he is the
owner thereof;
3. Offender should have executed an act of ownership (selling, leasing, encumbering
or mortgaging the real property); and
4. Act is made to the prejudice of the owner or of a third person.
ARTICLE 316: OTHER FORMS OF SWINDLING

 Disposing Real Property Knowing It To Be Encumbered Even If The Encumbrance Be

Not Recorded.
 Elements
1. That the thing disposed of is real property;
Encumbrance: Restriction of
2. Offender knew that the real property was encumbered whether the encumbrance is recorded or property/collateral
not property
3. There must be express representation by the offender that the real property if free from encumbrance; and
4. Act of disposing of the real property be made to the damage of another.
314:Fraudulent insolvency

 Wrongful Taking Of Personal Property From Its Lawful Possessor To The Prejudice
Of The Latter Or A Third Person;
 Elements
1. Offender is the owner of personal property;
2. Said personal property is in the lawful possession of another;
Rent or borrowing personal
3. Offender wrongfully takes it from its lawful possessor; and property
With violence or intimidation= coercion
4. Prejudice is thereby caused to the possessor or third person
ARTICLE 316: OTHER FORMS OF SWINDLING
 Executing any fictitious contract to the
prejudice of another
 Accepting any compensation given to
him under the belief it was in payment of
services or labor when he did not
actually perform such services or labor
 Selling, mortgaging, or in any manner
encumbering real property while being a
surety in bond without express authority
from the court or before being relieved
from the obligation.
 Elements:
1. Offender is surety in a bond given in a
criminal or civil action;
2. He guaranteed the fulfilment of such
obligation with his real property or
properties;
3. He sells, mortgages, or, in any other manner
encumbers said real property; and
4. Such sale, mortgage or encumbrance is
without express authority from the court or
made before the cancellation of his bond, or
before being relieved from the obligation
contracted by him
Surety for bond: No payment for Bail, a property is the
collateral
ARTICLE 317: Swindling a Minor

 It is a crime committed by any  ELEMENTS:

person who taking advantage of
the inexperience or emotions or
feelings of a minor, to his
detriment, shall induce him to
assume any obligation or to give
any release or execute a transfer  Consideration is some loan of money, credit
of any property right in
consideration of some loan of
money, credit or other personal
property, whether the loan clearly
appears in the document or is
shown in any other form.
 Offender takes advantage of the inexperience
or emotions or feelings of a minor
 He induces such minor to:
 Assume an obligation, or
 To give release, or
 To execute a transfer of any property right;
or other personal property; and
 The transaction is to the detriment of such
minor.
ARTICLE 318: OTHER DECEITS

 It is committed by any person who shall defraud or damage another

by any other deceit not mentioned in Articles 315, 316 and 317.
 It is also committed by any person who, for profit or gain interpret
dreams, make forecasts, tell fortunes, or take advantage of the
credulity of the public in any other similar manner.

1. Defrauding or damaging another by any other deceit not mentioned in Articles 315,
316 and 317
2. Interpreting dreams, making forecasts, telling fortunes, or taking advantage of the
credulity of the public in any other similar manner, for profit or gain.
ARTICLE 319: Removal, Sale Or Pledge Of Mortgaged Property
1. Any person who shall knowingly
remove any personal property
mortgaged under the Chattel Mortgage
Law to any province or city other than
the one in which it was located at the
time of the execution of the mortgage,
without the written consent of the
mortgage, or his executors,
administrators or assigns.
2. Any mortgagor who shall sell or pledge
personal property already pledged, or
any part thereof, under the terms of
the Chattel Mortgage Law, without the
consent of the mortgagee written on
the back of the mortgage and noted
on the record hereof in the office of
the Register of Deeds of the province
where such property is located.
 Knowingly removing any personal property mortgaged
under the Chattel Mortgage Law to any province or city
other that the one in which it was located at the time of
execution of the mortgage, without the written consent
of the mortgagee or his executors, administrators, or
assigns.
 Elements:
1. Personal property is mortgaged underAct theno. 1508
terms of the Chattel Mortgage Law;
2. Offender knows that such property is so
mortgaged;
3. Offender removes such mortgaged personal
property to any province or city other than
the one in which it was located at the time of
execution of the mortgage;
4. Removal is permanent; and
5. There is no written consent of the mortgagee
or his executors, administrators or assigns to
such removal.
ARTICLE 319: Removal, Sale Or Pledge Of Mortgaged Property

 Selling or pledging personal property already pledged, or any part

hereof, under the terms of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back of the mortgage and
noted on the record thereof in the office of the register of deeds of
the province where such property is located
 Elements:
 Personal property is mortgaged under the terms of the Chattel Mortgage Law;Act no. 1508
 Offender, who is the mortgagor of such property, sells, or pledges, the same or any part
thereof; and
 There is no consent of the mortgagee written on the back of the mortgage and noted on
the record thereof in the office of the register of deeds.
ARTICLE 320: DESTRUCTIVE ARSON ( P.D 1613 simple arson)

 P.D 1613
 P.D 1613 repealed Article 320 to 326-B of the RPC.

 P.D 1744
 P.D 1744 revived Article 320 or the article punishing destructive Arson.

 R.A 7659
 R.A 7659 in turn amended Article 320 as revived by P.D 1744.

NOTE!
REPEAL- To revoke or abrogate
REVIVED- To restore or reinstate
AMEND- To change or to add
ARTICLE 320: DESTRUCTIVE ARSON ( P.D 1613 simple arson)
Destructive Arson
 One or more building, edifices, consequent
to one single act of burning, or as a result of
simultaneous burnings, committed on
several or different occasions.
 Any building of public or private ownership,
devoted to the public in general or where
people usually gather or congregate for a
definite purpose such as, but not limited to,
official governmental function or business,
private transaction, commerce, trade,
workshop, meetings and conferences or
merely incidental to a definite purpose such
as but not limited to hotels, motels, transient
dwellings, public conveyances, or stops or
terminals, regardless of whether the offender
had knowledge that there are persons in said
building or edifice at the time it is set on fire
and regardless also of whether the building
is actually inhabited or not.
 Any building, any train or locomotive,
ship or vessel, airship or airplane,
devoted to transportation or
conveyance, or for public use,
entertainment or leisure.
 Any building , factory, warehouse
installation and any appurtenances
thereto, which are devoted to the service
of public utilities.
 Any building, the burning of which is for
the purpose of concealing or destroying
evidence of another violation of law, or
for the purpose of concealing bankruptcy
or defrauding creditors or to collect
from insurance.
ARTICLE 320: DESTRUCTIVE ARSON ( P.D 1613 simple arson)
 DESTRUCTIVE ARSON
(HIGHER PENALTIES)
 Any arsenal, shipyard, storehouse
or military powder or fireworks
factory, ordinance, storehouse,
archives or general museum of the
government.
 In an inhabited place, any
storehouse or factory of
flammable or explosive materials
 SIMPLE ARSON
 Simple arson is a crime committed by any person
who burns or sets fire to the property of another.
 Property Subject For Arson
 Real property and personal property
 Who Owns The Property Subject For Arson?
 Property of another
 Property of the accused if the arson was under
circumstances which exposes danger to the
life or property of another
ARTICLE 327: Who Are Liable For Malicious Mischief

 Article 327  ELEMENTS: No intent- imprudence resulting to

damage to property

 Any person who shall deliberately  Offender deliberately caused damage to the
cause the property of another any property of another;
damage not falling within the terms  Such act does not constitute arson or other
of the next preceding chapter shall crimes involving destruction; and
be guilty of malicious mischief.
 Act of damaging another’s property be
 Malicious mischief committed merely for the sake of damaging
 It is the wilful damaging of it.
another’s property by any act not
constituting arson or crimes of
destruction due to hate, revenge,
or mere pleasure of destroying.
ARTICLE 328: Special Cases of Malicious Mischief
 Article 328
 It is committed by any person
who shall cause damage to
obstruct the performance of
public functions, or using any
poisonous or corrosive
substance; or who causes
damage to the property of the
National Museum or National
Library, or to any archive or
registry, watermarks, road,
promenade, or any other thing
used in common by the public.
 Punishable Acts
 Causing damage to obstruct the
performance of public functions;
 Using any poisonous or corrosive
substance;
 Spreading any infections among cattle;
and
 Causing damage to the property of the
national museum or national library, or
to any archive or registry, waterworks,
oafs, promenade, or any other thing
used in common by the public.
ARTICLE 330: Damage and Obstruction to Means of Communication
Article 330
it is committed by any person who shall damage any railway,
telegraph or telephone lines.
If the damage shall result in any derailment of cars, collision, or other Reckless imprudence resulting in homicide
and damage to property
incident.
For the purpose of the provisions of this article, the electric wires,
traction cables, signal system and other things pertaining to railways,
shall be deemed to constitute an integral part of a railway system.
ARTICLE 331: Destroying or Damaging Statues, Public
Monuments or Paintings

 Article 331  Punishable Acts

 It is committed by any person who
shall destroy or damage statues or
any other useful or ornamental
public monument.
 It is also committed by any person
who shall destroy or damage any
useful or ornamental painting of a
public nature.
 Any person who shall destroy or damage
statues or any other useful or
ornamental public monuments;
 Any person who shall destroy or damage
any useful or ornamental painting of a
public nature.
 ARTICLE 332: Persons exempt from criminal liability

 No criminal, but only civil liability, shall result from the

commission of the crime of theft, swindling or malicious
mischief committed or caused mutually by the following
persons:
 Spouses, ascendants and descendants, or relatives by affinity in the same
line.
 The widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall passed into the possession of
another; and
 Brothers and sisters and brothers -in-law and sisters-in-law, if living together.

The exemption established by this article shall not

In-laws/step-children or be applicable to strangers participating in the
parents/ adoptive child commission of the crime.
Affinity- relationship by marriageor the adopter
Consanguinity- relationship by
blood
 EVIDENCE

EVIDENCE- is a means PROOF- It is the result or

sanctioned by the Rules of
Court, of ascertaining in a
judicial proceeding the
truth respecting a matter
of fact.
Documentary, object and testimonial
effect of evidence. Bare
allegations unsubstantiated
by the evidence, are not
equivalent to proof.
 FACTUM PROBANDUM VS. FACTUM PROBANS

 FACTUM PROBANDUM  FACTUM PROBANS

 It is the fact or  The are the facts or material
proposition to be evidencing the fact or
established. It is the fact proposition to be
established. The probative
to be proved, the fact or evidentiary fact tending to
which is in issue and to prove the fact in issue.
which the evidence is  The evidentiary facts by which the factum probandum will
directed. be proved

 The ultimate fact to be proven, or the proposition

to be established
 Relevancy of evidence
Relevant and
 It states that evidence must have such a  It is where the evidence at the time of its
competent
relation to the fact in issues as to
induce belief in its existence or non-
existence
 Multiple admissibility
 It is where the evidence is relevant and
competent for two or more purposes,
such evidence should be admitted for
any or all purposes for which it is
offered provided it satisfies all the
requirements of law for its admissibility
therefore.
 Conditional admissibility
offer appears to be immaterial or irrelevant
unless it is connected with the other facts
to be subsequently proved, such evidence
may be received on the condition that the
other facts will be proved thereafter,
otherwise the evidence already given will be
stricken out.
 Curative admissibility
 It allows a party to introduce other wise
inadmissible evidence to answer the
opposing party’s previous introduction of
admissible evidence if it would remove any
unfair prejudice caused by the admission of
the earlier inadmissible evidence.
 Competent evidence
 One that is not excluded by law in a
particular case. If the test of relevance is
logic and common sense, the test of
competence is the law or the rules.
Competence, in relation to evidence in
general, refers to eligibility of an evidence
to be received as such.
 Alibi
 It is a defense where an accused claims  In determining of sufficiency of evidence,
that he was somewhere else at that time of
the commission of the offense. It is one of
the weakest defenses an accused may
avail because of the facility with which it
can be fabricated, just like a mere denial.
 Credibility
 Refers to worthiness of belief, that quality
which renders a witness worthy of belief.
 Weight of evidence
 It is the probative value given by the court to
particular evidence admitted to prove a fact
in issue.
 Sufficiency of evidence
what matter is not the number of witness but
the credibility and the nature and quality of
their testimonies. The testimony of a lone
witness is sufficient to support a conviction if
found positive and credible.
 RELEVANT vs. MATERIAL vs. COMPETENT

 RELEVANT  MATERIAL  COMPETENT

 Evidence having  One that is not
 Evidence directed to
any value in excluded by the rules,
reason as tending prove a fact in issue statutes, or the
to prove any as determined by constitution
matter provable in the rules of
an action substantive law and
pleadings
 The logical  Within the fact it
relation of the intends to prove is
evidentiary fact to
the fact in issue an issue or not.
 Evidence may be
relevant BUT may be
immaterial
 Direct evidence  Circumstantial evidence

 Proves a fact without the need to make  Or indirect evidence proves a fact in issue
an interference from another fact indirectly through an interference which the
fact finder draws from the evidence
 Cumulative evidence established

 Refers to evidence of the same kind  Corroborative evidence

and character as that already given and  One that is supplementary to that already
tends to prove the same proposition given tending to strengthen or confirm it. It
is additional evidence of a different
 Positive evidence character to the same point.
 Exist when the witness affirms in the  Negative evidence denies

stand that a certain state of facts does

not exist or that a certain event  Exist when the witness state that an event
happened did not occur or that the state of facts
alleged to exist does not actually exist
Denial and alibi are negative evidence
 Object/Real evidence
 aka Physical Evidence, Are those addressed to the
sense of the court. When an object is relevant to the
fact in issue, it may be exhibited to, examined or
viewed by the court.( crime scene, victim, suspect)
 Demonstrative evidence
 Are tangible evidence that merely illustrates a
matter of importance in the litigation.( charts/
diagrams)
 Documentary evidence
 Evidence consist of writings or any material
containing letters, words, numbers, figures, symbols,
or other modes of written expressions, offered as
proof of their contents. Documents
 Document-Is a deed, instrument or other duly
notarized paper by which something is proved,
evidence or set forth.
 Secondary evidence
 Evidence other than the original instrument or
document itself. It is the class of evidence that is
relevant to the fact in issue, it being first shown that
the primary evidence of the fact is not obtainable. It
performs the same functions as that of primary
evidence.
 Parole evidence
 It is any evidence aliunde (extrinsic evidence) which
is intended or tends to vary or contradict a
complete and enforceable agreement embodied in
a document.
 Testimonial evidence
 “Viva voce evidence”/ “living voice” or by word of
mouth. In this kind of evidence, a human being
(witness) is called to the stand, is asked questions,
and answers the question asked of him.
 Burden of proof
 Onus probandi traditionally refers to the
obligation of a party to the litigation to
persuade the court that he is entitled to relief
 Burden of evidence
 Logical necessity which rests upon a party at
any particular time during the trial to create a
prima facie case in his favour or to overthrow
one created against him.
 Proof beyond reasonable doubt
 Does not mean such a degree of proofs as,
excluding possibility of error, produces
absolute certainty. Moral certainty only is
required, or that degree of proof which
produces conviction in an unprejudiced mind.
 Corpus delicti
 It is the actual commission by someone
of the particular crime charged. It refers
to the fact of the commission of the
crime, not to the physical body of the
deceased or to the ashes of a burned
building. The copus delicti may be
proven by the credible testimony of a
sole witness, not necessarily by physical
evidence
 Out-of-court identification
 It is a means of identifying a suspect of
a crime and is done through show ups,
mug shots, and line ups.
 Preponderance of evidence  Substantial evidence
 It is the weight, credit and value of the  Applies to cases filed before the
aggregate evidence on either side and is administrative or quasi-judicial bodies
usually considered to be synonymous and which requires that in order to
with the term “ greater weight of the establish a fact, the evidence should
evidence” or greater weight of a credible constitute that amount of relevant
evidence” it is a phrase which, in the evidence which a reasonable mind might
last analysis means probability of the accept as adequate to justify a
truth, evidence which is more convincing conclusion.
to the court as worthy of belief than that
which is offered in opposition thereto.
 Clear and convincing evidence
 It is that degree of evidence that
produces in the mind of the trier of fact
a firm belief or conviction as to
allegations sought to be established. It
is the intermediate, being more than
preponderance, but not to the extent of
such certainty as is required beyond
reasonable doubt as in criminal cases.
 Judicial Admissions
 These are admissions, verbal or written, 
made by a party in the course of the
proceedings in the same case, which
does not require proof.
 Extra judicial admissions
 Admissions made out of court or in a
judicial proceeding other than the one
under consideration
 Actual admission
 It is when a party categorically admits a
material allegation made by the adverse
party
 Implied admission
It is when the admission is inferred from
the failure to specifically deny the
material allegations in the other party’s
pleadings.
 Best evidence rule
 It provides that when the subject of the  It states that where the law specifically provides
inquiry is the contents of the document, no
evidence shall be admissible other than the
original document it self.
 Collateral facts rule
 It states that a document or writing which is
merely “collateral” to the issue involved in  Parole evidence rule
the case on trial need not be proved. Where
the purpose of presenting a document is
not to prove its contents, but merely to give
coherence to, or to make intelligible the
testimony of a witness regarding a fact
contemporaneous to the writing, the
original of the document need not be
presented.
 Definite evidentiary rule
for the class and quantum of secondary
evidence to establish the contents of a
document, or bars secondary evidence of a lost
document, such requirement is controlling, e.g.
evidence of a lost notarial will should consist of
a testimony of at least two credible witness who
can clearly and distinctly establish its contents.
 It states that when the terms of an agreement
have been reduced to writing, it is considered as
containing all the terms agreed upon and there
can be, between the parties and their
successors-in-interest, no evidence of such
terms other than the contents of the written
agreement.
 Dead’s man statute/surviving party rule
 It states that parties or assignors of parties to a case,  It is one in which suggest to the witness the answer
or persons in whose behalf a case is prosecuted,
against an executor or administrator or other
representative of a deceased person, or against of
unsound mind, upon a claim or demand against the
estate of such deceased person or against such
person of unsound mind, cannot testify as to any
matter of fact occurring before the death of such
deceased person or before such person become
unsound mind.
 Hearsay rule
 It states that witness can testify only to those facts
which he knows of based on his personal knowledge
or those which are derived from his own perception.
 Character evidence rule
 Used to describe a character trait of a person, such
as tendency to commit crimes.
 Leading question
which the examining party desires. A leading
question is not allowed.
 Misleading question
 One which assumes as true a fact not yet testified
to by the witness, or contrary to the that which he
has previously stated. It is not allowed ( Section 10,
Rule 132) in any type of examination.
 Confession
 It is a statement of fact which involves an
acknowledgement of guilt or liability
 Admission
 The act, declaration or omission of a party as to
relevant fact may be given in evidence against him.
 Double hearsay
 It is a testimony of a person with respect  It states that declaration of a dying
to what was told him by one who was
not an eyewitness to the crime but who
obtained knowledge thereof only from
the alleged victim.
 Non-human evidence
 It is the testimony of a witness to a
statements made by a non-human
declarant (e.g. machines and
computers). It does not violate the rule
on hearsay, hence not covered by the
rule.
 Dying declaration
person, made under the consciousness of
an impending death, may be received in
any case wherein his death is the subject
of inquiry, as evidence of the cause and
surrounding circumstances of such
death.
 Opinion rule
 Opinion of the witness is not admissible.
 Opinion- a person’s thought, belief, or
interference, especially a witness’s view of
facts in dispute, as opposed to personal
knowledge of the facts themselves
 Expert witness  Ordinary witness
 He is one who belongs to the profession  Identity of a person of whom he has
or calling to which the subject matter of knowledge
the inquiry relates and who possesses
special knowledge on questions on  Handwriting which he has sufficient
which he proposes special knowledge to familiarity
express an opinion.
 Mental sanity of a person whom he has
sufficient acquainted
 Condition, behavior, emotion, or
appearance of a person.
 CONFESSION VS. ADMISSION
 CONFESSION  EXTRA-JUDICIAL CONFESSION

 Is an express acknowledgement  Those made by the suspect during

custodial investigation.
by the accused in a criminal
prosecution of the truth of his 1. Must be taken under oath in the
guilt as to the offense charged presence of his counsel

 Is the direct acknowledgement of 2. Must be reduced into writing, in dialect

guilt arising from the commission known to the confessant himself
of a crime. 3. Must be given voluntarily
4. Must be signed by the confessant
Judicial Confession- made by the accused
in an open court
 CONFESSION VS. ADMISSION
 ADMISSION  RULES IN TAKING ADMISSION:
 Refers to statements of facts not directly  Must be taken preferably in writing and
constituting an acknowledgement of under oath
guilt
 Must be written in language known and
 Self-incriminatory statement by the understood by the accused, or clearly
subject falling short of an translated
acknowledgement of guilt
 Freely and voluntarily given
 It implicates but does not incriminate
 Taken in the presence of competent and
 Acknowledgement of a fact, action or independent counsel chosen by the
circumstances are true which strongly accused
infer or directly admit guilt but lacks the
detail of the elements of the crime.
 Dying Declaration vs. Independent Relevant Statement

 Hearsay rule- if one has no personal  Declarant would have been competent
knowledge of an event, then evidence to testify had he or she survived;
presented is inadmissible.
 The dying declaration is offered in a
 Except, Dying Declaration case in which the subject of inquiry
involves the declarants death.
 Although generally inadmissible as
evidence due to its hearsay character,  In this case, it appears that not all the
may nonetheless be admitted when the requisites of a dying declaration are
following requisites concur, namely: present.
 Declaration concerns the cause and the
surrounding circumstances of the declarant’s
death;
 Death appears to be imminent and declarant
is under a consciousness of an impending
death;
 Dying Declaration vs. Independent Relevant Statement

 Independent Relevant Statement

 “only the fact that
 These are statements which are relevant
independently of whether they are true such statements were
or not. They are neither hearsay nor an
exception to the hearsay rule as the
made is RELEVANT
purpose thereof is not to prove the truth
of the declaration or document. It
and the truth or falsity
merely proves the fact that statement thereof is
was made and not the truth of the fact
asserted in the statement. IMMATERIAL”
NOTES:

 BELONGING TO ANOTHER- Person from  Suppose the property is res nullus or

whom property was taken need not be without an owner?
the owner, legal possession is sufficient
 The crime of robbery or theft cannot be
committed if the property is without an
owner for the simple reason that no one
 *The property must be personal can be prejudiced by the taking of the
property and cannot refer to a real personal property, even though the
property intent to gain is present in the taking
 TYPES OF ROBBERS

 1.THE AMATEURS- motivated by greed, want, the desire for a thrill or

need for self-testing

 2. PROFESSIONALS- are described as those person who worked at

robbery as a trade making it their living and having no other means of
income.
 STYLES AND TACTICS IN ROBBERY CASES

 The identification in an armed robbery case often relates to the tactics

and style of the robbery. Robbery has been categorized as having 3
styles:
 THE AMBUSH - Is the least planned of all and is based on the element
of surprise
 THE SELECTIVE RAID - involves a minimum of planning but some
casing of the robbery scene
 THE PLANNED OPERATION - is carefully structured and the robbery
group examines all aspects of the situation, plans for all foreseeable
contingencies
 TECHNIQUE COMMONLY EMPLOYED BY ROBBERS- MEANS OF
ENTRY

 The means of entry differs in various burglaries and  5.Roof entry – the burglar breaks into a premises
are related to the skill of the robber. The various through a skylight or air conditioning duct or the
known means of entry are: roof or by cutting a hole in the roof of a
building.
 1.The open door or window entry – the robbers
roams residence areas, apartments looking for  6.The hide in entry- the burglar hides in a
open doors or windows commercial premises until all employees have
 2.The jimmy entry- the robbers forces a door or left and then breaks out with the stolen property
window with an iron tool such as screwdriver  7.The cut in entry- the robbers uses tools of
 3.The celluloid entry- the burglar forces to open a various kinds to cut through the floor, ceiling or
door spring lock with a small piece of celluloid wall of a store to another store.

 4.The stopover or human fly entry- the burglar is an  8. Hit and run- the robbers breaks a window of
aerialist, the stopover robber steps from a fire a ground floor and takes property from a
escape, balcony or other building to a nearby window or nearby portion of the premises.
window.
 9.Key entry- the robbers uses a key- the key may
 The human fly robbers can progress upward or be given to him by an informant. It may be stolen
downward or the sides of a building to a selected or the burglar may obtain a duplicate
point of entry
 METHODS OF SAFEBREAKING
 PUNCHING- In this manner of entry, a sledge hammer and a drift punch
are used to knock the combination dial from the safe.
 PULLING- A device similar to a gear or wheel puller is used to pull the
dial completely out of the safe door and allow the safe to be opened.
 PEELING- this means of entry involves the prying off the outer surfaces of
the safe door so that the locking mechanism of the safe is exposed.
 DRILLING- One or more holes are drilled in the door of the safe to
expose the lock mechanism
 RIPPING- This is a battering of the top, bottom or sides of a safe with a
chisel or other metal cutter.
 PD 1612: ANTI-FENCING LAW

 FENCING
 The act of any person who, with intent to gain
for himself or for another, shall buy, receive, keep,
acquire, conceal, sell, or dispose of or shall buy
and sell or in any other manner deal in any article,
item, object or anything of value which he knows,
or should be known to him to have been derived
from the proceeds of the crime of robbery or theft
 NOTE:
 Mere possession of any good, article, item, object or anything
of value which has been the subject of robbery or thievery
shall be prima facie evidence of fencing
INTERVIEW AND INTERROGATION

 A Philosophy of Interview and Interrogation:

 The RIGHT officer

 Asking the RIGHT questions

 In the RIGHT manner

 At the RIGHT time and place

 Will get the RIGHT answer

INTERVIEW

 It is the simple questioning of a person who

cooperates with the investigator. These are
witnesses who voluntarily give their accounts
about the commission of the crime.

 Is a conversation with a purpose, motivated by

a desire to obtain certain information from the
person being interviewed as to what was done,
seen, felt, heard, tasted, smell or known.
 IMPORTANCE OF INTERVIEW

 Interview in crime investigation is very

important considering that the person
interviewed usually gives his account of an
incident under investigation or offers
information concerning a person being
investigated in his own manner and words
 GOLDEN RULE OF INTERVIEW

Never conduct or let anyone conduct an interview if the interviewer has

not gone to the crime scene. The questioning will lead wayward for the interviewer
who had not seen personally the crime scene and he will not be in a position to
distinguish half-truths and exaggerations for falsehood from the answer of the person
being interviewed

 IMPORTANCE OF INTERVIEW  BASIC ASSUMPTIONS IN INTERVIEW

 Interview in crime investigation is very  Nobody has to talk to law enforcers. No
important considering that the person law compels a person to talk to the
interviewed usually gives his account of police if he does not want to. therefore,
an incident under investigation or offers people will have to be persuaded,
information concerning a person being always within the legal and ethical limits
investigated in his own manner and to talk to law enforcers. This makes
words interviewing an art.
 QUALITIES OF A GOOD INTERVIEWER

 RAPPORT  CONVERSATIONAL TONE OF VOICE

 It is the friendly relation between the interviewer  The tone of voice must be
and the interviewee which is conducive to a fruitful result. conversational, not confrontational as in
 The interviewer must be in a respectable civilian attire interrogation.

 The reason for this is that for the majority of  COMMON INTEREST
people, the police uniform is a barrier in establishing
good rapport. To many, the uniform is intimidating.  The preliminary and probing questions
should be aimed to establish common interest
 KNOWLEDGE OF HUMAN BEHAVIOR between the interviewer and the subject
 This will help the interviewer to determine the  ACTING ABILITIES
personality and intelligence of his subject. He must go
down to the level of understanding of his subject.  An interviewer must possess the qualities
 FORCEFUL PERSONALITY of an actor, salesman and psychologist. He must
know how to use the power of persuasion.
 The appearance of the interviewer and other
qualities such skill and communication techniques or  HUMILITY
force of his language are the mainstays of the strength of
his character. He must be understanding, sympathetic  He must be courteous, sympathetic and
and without showing official arrogance and an air humble, ready to ask apologies for the
superiority. inconvenience of the interview
COGNITIVE INTERVIEW

 It is a form or technique in the conduct

of interview upon willing and cooperative
witnesses, where they are given full
opportunity to narrate their accounts
without intervention.

 After the subject has finished his

narration, the investigator now subjects
him to the style of direct examination
and cross examination, to clarify the
unexplained portions to arrive at a vivid
and complete picture of the testimony.
REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY

 FEAR OF REPRISAL – Witness had lack of  AVOIDANCE OF PUBLICITY- there are

courage to face the suspect, his witness who are shy, and shuns publicity
associates or relatives. This is natural that will bring discomfort to their ordinary
especially those who have no means to way of living.
protect themselves.
 FAMILY RESTRICTION- Some famous and
 GREAT INCONVENIENCE – there is the real respected families preserve their
inconvenience which will deprive them the reputations by instilling to their members
time to earn for their living. the need of approval of their elders on
matter affecting their families.
 HATRED AGAINST THE POLICE- This
hatred maybe due to previous bad  BIGOTRY- Religious or racial, tribal or
experience with rouge members of the ethnic indifference
police organization.
 CULTISH INDOCTRINATION- some cults or
 BIAS OF THE WITNESS - The witness religious denominations exercise religious
maybe an acquaintance, friend of the or moral influence on decision of
suspect. witnesses to testify.
3 TYPES OF INTERVIEW

 PRELIMINARY INTERVIEW – This is the initial

questioning of a subject. It is usually
conducted at the crime scene though it
may be conducted also at the subject`s
house or workplace
 FOLLOW-UP INTERVIEW – This is the 2nd or
succeeding questioning to:
 1. Obtain further info that was missed
during the 1st questioning
 2. Clarifying data that has been already
gathered
 FINAL INTERVIEW- This is the last
questioning that may lead to the act of
offering a witness to testify in court during
trial
STAGES OF HANDLING THE INTERVIEW

 a. PREPARATION- The investigator should review the facts at the

crime scene and info from the sources in order that he would be
ready for the questioning
 b. APPROACH – The investigator must carefully select his kind
of approach, which maybe a single kind, a combination of two or
application of all technique
 c. WARMING-UP – this is done by preliminary or exploratory
questions to clear the atmosphere, promote a conductive
ground for cordiality, respect and trust for each other.
 d. COGNITIVE INTERVIEW- the subject now is ask to narrate his
account without interruption.
 I.R.O.N.I.C
 IDENTITY – Prior to the commencement of an interview, the investigator should
identify himself to the subject by name, rank and agency.
 RAPPORT- it is good to get the positive feeling of the subject towards the investigator,
such friendly atmosphere is a vital for both the subject and the investigator to have
better interaction.
 OPENING STATEMENT- The investigator must have to indicate why the subject is being
contracted
 NARRATION- the witness should be allowed to tell all he knows with little interruption
from the investigator
 INQUIRY- after all information have been given by the subject, this is the time for the
investigator to ask question for clarification.
 CONCLUSION- after the interview, it is but proper to close the interview with outmost
courtesy and thanking the subject for his cooperation
RULES IN QUESTIONING

 a. ONE QUESTION AT A TIME – One question at a time is desired

 b. AVOID IMPLIED ANSWERS – The nod of the head or any other body language
as a response to the questions should be avoided

 c. SIMPLICITY OF QUESTIONS- A short simple question at a time is required.

 d. SAVING FACES- should not ridicule or humiliate the subject.

 e. YES or NO ANSWERS- Do not ask questions which could be answered by yes or

no
TYPES OF WITNESS ACCORDING TO THEIR ATTITUDES

 KNOW-NOTHING TYPE- Uneducated and of low  TALKATIVE TYPE- who are prone to
level of intelligence exaggerate, adding irrelevant or new
 DISINTERESTED TYPE- This is the uncooperative matters to their narration
and indifferent subject. To deal with them is to
find out their field of interest  HONEST WINESS- Are truthful and
cooperative witness where the investigator
 DRUNKEN TYPE- the style of questioning by the could rely.
investigator should be adapted to the psychology
of the subject. When the drunken has sobered, 
another interview will be conducted, confronting
DECEITFUL WITNESS- these are liar type of
him about his disclosure while in the state of witness, pressure them for possible cases
drunkenness. The written statement must be taken of perjury or obstruction of justice
during his sobriety.
 TIMID WITNESS- are shy witness
 SUSPICIOUS TYPE- these type of witness are
suspicious about the motive and actions of the  REFUSAL TO TALK WITNESSES- these are
investigator.
the most difficult subjects to deal with.
 TALKATIVE TYPE- who are prone to exaggerate, The cause maybe trauma, shock, fear,
adding irrelevant or new matters to their narration hatred.
INTERROGATION

 Is the skillful questioning of a  PURPOSES OF INTERROGATION

hostile person suspecting of  a. On the part of the suspect, it is to
having committed an offense or a extract a confession and admission
person who is reluctant to make a
full disclosure of information in his
possession which is pertinent to  b. On the part of the uncooperative and
the investigation. unwilling witness, it is to extract the
information he possess.
 OBJECTIVES OF INTERROGATION
 a. Obtain valuable facts
 b. Eliminate the innocent
 c. Identify the guilty party
 d. Obtain confession and admission
GOLDEN RULE OF THE INTERROGATION

“Make him admit something, no matter

how small or trivial. Usually the first
admission will lead to another. In
securing the first admission is the biggest
stumbling block in dealing with tough
suspects”
CUSTODIAL INVESTIGATION

 Any questioning initiated by law  The Miranda doctrine requires that:

enforcement officers after the person  (a) any person under custodial investigation
has been taken into custody or has the right to remain silent;
otherwise deprived of his freedom of  (b) anything he says can and will be used
action in any significant way. against him in a court of law;
 The questioning of the suspect or  (c) he has the right to talk to an attorney
person believed to have been before being questioned and to have his
counsel present when being questioned; and
committed a crime after he was taken
into custody.  (d) if he cannot afford an attorney, one will be
provided before any questioning if he so
desires.
The said rights are guaranteed to preclude the
 This stage of investigation has strict slightest use of coercion by the State as would
observance of the MIRANDA DOCTRINE lead the accused to admit something false, not
to prevent him from freely and voluntarily
telling the truth.
NOTE:
 CUSTODIAL INVESTIGATION shall
include the practice of issuing an
“INVITATION” to a person who is
investigated in connection with an
offense he is suspected to have
committed without prejudice to the
person. (RA 7438)
 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
LEGAL REQUIREMENTS OF INTERROGATION
 The statement of the subject 
must obtain voluntarily and trust 
worthy and not by means or use
of threat fear, coercion, duress or
any improper tactics which will
vitiate the free will of the subject.
MIRANDA DOCTRINE
This case which entitled MIRANDA
VS. ARIZONA, is a US Supreme Court
Jurisprudence which laid down the
constitutional rights of the accused
during custodial investigation. It was
incorporated in our 1973 Constitution
and later in 1987 Constitution of the
Philippines.
Sec. 12, ART 3 of 1987 Philippine Constitution

 (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
 (2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
 (3) Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.
RA 7438
(Rights of the person under custodial investigation)

 1. Right to remain silent

 2. The right 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.
 3.If such person cannot afford the service of his counsel, he must be provided with a
competent and independent counsel by the investigating officer.
 4. Shall be allowed to be visited
 These rights could be validly waived in writing and with the assistance of a counsel
in order that the ensuing confession be admissible as evidence.
 The confession must be in writing, signed and sworn to the accused.
Any person arrested or detained or under custodial
investigation shall be allowed visits by:

• any member of his immediate family,

 any medical doctor or priest or religious minister chosen by him or by any member
of his immediate family or by his counsel,
• any national non-governmental organization duly accredited by the Commission on
Human Rights
• 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.
TECHNIQUES OF INTERROGATION

 a. Emotional appeal – this is a technique  e. Extenuation- The investigator indicates he does

where the investigator combining his skills of not consider his subject`s indiscretion of a grave
an actor and psychologist, addresses the offense
suspect with an emotional appeal to
 f. Shifting the blame – The interrogator makes
confess. clear his belief that the subject is obviously not the
sort of person who usually gets mixed up in a
 b. Sympathetic approach – The investigator crime like this. The interrogator could tell from the
in his preliminary or probing questions must start the he was not dealing with a fellow who is a
dig deep into the past troubles and criminal by nature and choice
unfortunate events in the life of the suspect.
An offer of help, kindness may win his  g. Bluff on a split pair – This is applicable when
cooperation. there is more than one suspect, the suspects are
separated and one is informed that other has
 c. Friendliness- A friendly approach coupled talked.
with a posture of sincerity may induce the
suspect to confess.  h. Tricks and bluff techniques
 1. The pretense of solid evidence against the accused
 d. Kindness- The simplest technique is to
assume that the suspect will confess if he  2. The weakest link
treated in a kind manner
TECHNIQUES OF INTERROGATION
 i. Stern approach – The investigator displays a stern
 3. Drama- weakest link ordered to fake pain and
agony and ordering him to shout accompanied by
banging a chair to make it appear that a
commotion is going on and creating fear on the
other room where the other suspect are under
interrogation.
 4. Feigning contact with family members.
 5. Line up method
 6. Reverse line up- accuse is alone and witness
and victims are piled to make accusations against
the accused.
personality towards the suspect by using the
following methods:
 1. JOLTING- The investigator selects the right
moment to shout a pertinent question in an
apparent righteous outrage.
 2. INDIFFERENCE- The investigator will discuss
and debate about how strong evidence of the
case that will result to a conviction. Their aim
is to induce the suspect to confess by
conditioning his mind that he is finally cornered
with no other recourse.
 3. FEIGNING PROTECTION AND
CONSIDERATION- These questions are asked
as matter of consideration of rights, protection
and advantage of the suspects.
 4. OPPORTUNITY TO LIE- The suspect is given
all opportunities to lie.
TECHNIQUES OF INTERROGATION

 j. The mutt and jeff or sweet and sour method

There are 2 agents in this method.

 MUTT, The relentless investigator who is not going to waste any time because he knows that the subject is guilty.
 JEFF, on the other hand, is obviously a kind-hearted man.

 k. Removing the ethnic or cultural barrier

 - If the suspect is Ilocano descent, he should be interrogated by an Ilocano investigator.
 l. Minimization
 - the investigator convinces the suspect that a confession will reduce the offense and the
penalty
 m. Searching for the soft spot
 -In every man`s heart, there is always the softest spot. The heart may have hardened to
steel by poverty, hopelessness or other factors, yet there is always that spot which could be
discovered by the investigator through his knowledge of human behavior.
OTHER INTERROGATION TECHNIQUES:

 The open techniques  EXASPERATION

 -It is harassment. Employed against hostile
 -the interrogator is open and direct type interrogee. The subject is placed in a
in his approach and makes no attempt longer period of interrogation without rest or
to conceal the purpose of the sleep. If the interrogator permits him to sleep he
interrogator. will subsequently awaken for another series of
questioning until he will be exasperated and will
finally cooperate hoping that he can be allowed
to rest or sleep.
 The common interest technique
 -the interrogator must exert effort to  EGOTIST TECHNIQUE (PRIDE AND EGO)
impress to interrogee of their common  -Usually successful when employed against
interest. an interrogee who has displayed a weakness or
a feeling of insecurity. You may reverse the
technique by complimenting the interrogee in
hopes of getting him to admit certain
information.
OTHER INTERROGATION TECHNIQUES:

 QUESTION BARRAGE TECHNIQUE (RAPID  NOTE:

QUESTIONING)
 QUESTION AND ANSWER TYPE – IDEAL
 -Intended to confuse the interrogee TYPE OF WRITTEN STATEMENT BECAUSE
and put him into a defensive position. IT PROVIDES DETAILS OF FACTS.
The interrogee become frustrated and
confused, he will likely reveal more
information that he intended, thus
creating opening for further questioning.  PRIVACY- PSYCHOLOGICAL FACTOR
FOR SUCCESSFUL INTERROGATION
 SILENT TECHNIQUE
 - looking out the interrogee squarely
in the eye with sarcastic smile, he may
ask questions but the interrogator must
not answer. Patience is needed until the
interrogator is ready to break the silence.
INTERROGATION OR INTERVIEW TECHNIQUES

 REID Method  B. Behaviour Analysis Interview- non-

accusatory question and answer session,
 The Reid Technique of Interviewing and involving both standard investigative
questions and structured “ behaviour
interrogation. provoking” questions to assess symptoms of
truth or deception.
 Three Components:  Investigator ask background question to
 A. Factual Analysis- inductive approach where establish personal information to evaluate the
each individual suspect is evaluated with suspect’s normal and nonverbal behaviour.
respect to specific observations relating to the
crime.  Investigator asks behaviour provoking
questions intended to elicit different verbal
 It relies on crime scene analysis and and non verbal response.
information learned about the suspect
 Estimate suspect’s probable guilt or innocence
based on his bio-social status (gender, race,
occupation, marital status etc.) opportunity and
access to commit crime, motivations and
propensity, evaluation of physical and
circumstantial evidence. ( Identify character
based on motive and personality type)
INTERROGATION OR INTERVIEW TECHNIQUES
 REID Method
 The Reid Technique of Interviewing and interrogation.
 Three Components:
 C. Interrogation ( Nine Steps) interrogation only
occurs when the investigator is reasonably certain
of the suspect’s involvement in the issue under
investigation.
 1. Direct, Positive confrontation-investigator tells the
suspect that the evidence demonstrates the person’s
guilt. The statements of the suspect’s acknowledgement
of guilt should be unequivocal.
 2. Theme Development- investigator presents a moral
justification for the offense, placing the blame on
someone else.( In monologue and sympathetic manner)
 3. Handling Denials- when the suspects asks permission
to speak, to deny the accusations the investigator
should discourage to do so. Innocent likely to promptly
to deny accusation.
 4. Overcoming Objections- when attempts at denial do
not succeed, guilty suspects makes objection to support
a claim of innocence “ I would never do that because I
love my job” investigator should accept these objection
as if they were truthful.
 5. Procurement and retention of suspects' attention-
investigator must procure the suspect’s attention so that
suspect focuses on theme rather on punishment. (close
the physical distance between investigator and the
suspects)
 6. Handling the suspect’s passive mood- intensify the
theme presentation and concentrate on the central
reason the suspect is offering as psychological
justification and continue to display an understanding and
sympathetic demeanor.
 7. Presenting an alternative question- investigator should
present two choices “assuming the suspect’s guilt and one
alternative offering a better justification for the crime” e.g.
Did you plan thing out or it happen on the spur of the
moment?
 8. Having the suspect relate to details of the offense- after
the suspect admits guilt, the investigator should respond
with a statement of reinforcement acknowledging that
admission. Seek brief oral review of the events, before
asking more detailed questions.
 9. Converting an oral confession to a written confession-
convert oral confession into written or recorded
confession.
INTERROGATION OR INTERVIEW TECHNIQUES

 PEACE Method  Step one: Planning and Preparation

 Planning and Preparation, Engage and  Planning- refers to the process of getting ready
to interview both mentally and strategically.
Explain, Account, Closure, Evaluation Preparation- what needs to be ready prior to
the interview. (location, environment, technical
 In response to a number of documented and administrative matters)
forced confessions and associated
wrongful convictions.  Obtain as much background information as
possible
 Understand the purpose of interview

 Assess what additional information is needed

and how it can be obtained
 Follow the legislation and associated guidelines
and rules.
 Prepare the technicalities of the interview.
INTERROGATION OR INTERVIEW TECHNIQUES
 PEACE Method
 Planning and Preparation, Engage and
Explain, Account, Closure, Evaluation
 Step two: Engage and Explain
 Establish rapport to encourage a
conversation. Interviewee must be
informed why they have brought in for
questioning. Interviewers shall not work
towards a pretend “friendship” with the
interviewees.
 Create an empathetic and respectful
relationship
 Explain the reasons, background, rights and
formalities
 Establish certain ground rules
 Step three: Account
 Interviewers should allow the interviewee
to present their uninterrupted free
account of the case or event under
investigation.
 Introduce and explain the form and
purpose
 Hand over the initiative
 Employ active listening
 TED’S PIE: Tell me, Explain, Describe, Show
me-Precisely, In-detail, Exactly.
 Helps build rapport and prevents
contamination on account.
Types of Questioning

 Open-ended questions- allow the  Multiple questions- interviewer asks

suspect with longer, more detailed more than one question at the same
responses and lack direction from the time. ( when did he say that? And what
interviewer. (what happened?) did he do? And who else are present?)
 Closed questions- require more definite  Leading questions- induce a particular
and distinct answers. (what time was reply and may be judged to have
that?, who else was present?, what is his manipulated the interviewee. ( you want
address?) to injure him didn’t you?) They lead
suspect to agree to what is being said
 Forced-choice questions- greatly restrict even if it is not true.
the possible answers to those that have
determined. “Was it a rifle or a
shotgun?” the suspect mat simply pick
one of the choices offered in order to
please the interviewer or just move the
questioning on.
INTERROGATION OR INTERVIEW TECHNIQUES

 Step Four: Closure  Step Five: Evaluation

 Interviewer should explain what will  Interviewer evaluates the entire process
happen next by giving the interviewee of the interview and determine if the
appropriate information about the next objectives are met as well as the method
stage.(example: tell him they should used.
expect to attend court)
 Ensure mutual understanding by reviewing
and summarizing the account.
 Verify all aspect have been sufficiently
recovered by checking if all information are
given by the interviewee.
 Secure the integrity and dignity of the
interview
INTERROGATION OR INTERVIEW TECHNIQUES
 Mendez Method
 Principles on effective interviewing for
investigations and information
gathering.
 It was named after Juan Mendez
 An alternative to interrogation methods
that rely on coercion to extract
confessions.
 Provide guidance on obtaining accurate
and reliable information in full respect of
the human rights and dignity of all.
 1. Before the interview-
 Ensure a non-coercive interview
 Keeping the interviewee informed
 Notification of family or third party
 Access to lawyer
 Access to medical examination and health
care
 Preparations for the interview
 2. During interview
 Establish and maintain rapport
 Information gathering techniques
 Encountering reluctance
 Suspending the interview( requires medical
attention, a witness become a suspect, if the
lawyer or interviewee request a break to rest
or seek consult in private)
INTERROGATION OR INTERVIEW TECHNIQUES
 Mendez Method
 Principles on effective interviewing for
investigations and information
gathering.
 It was named after Juan Mendez
 An alternative to interrogation methods
that rely on coercion to extract
confessions.
 Provide guidance on obtaining accurate
and reliable information in full respect of
the human rights and dignity of all.
 3. After the interview-
 Assessment and analysis- an effective
interviewer should always end the
interview respectfully and on a
professional note. Review the
information gathered with the
interviewee or lawyer, were written
record has been made require them to
sign as a confirmation of the accuracy
of the record. Investigator ensures that
the information obtained is subject to
appropriate level of privacy and data
protection.
INTERROGATION OR INTERVIEW TECHNIQUES
 Practical Kinesic Analysis- uses several techniques to
 Kinesic Interview Method- involves
analysing a person’s behaviour to
assess deception. It focuses on the
observable outward physical behaviour
of the body in order to ascertain the
person’s current emotional state and the
role the body plays in communicating
information.
 Two Phases:
 Practical Kinesic Analysis
 Practical Kinesic Interrogation Phase
observe and analyse the subject’s behavior in order
to determine the subjects’s truthful and deceptive
behaviors or atleast determine those areas most
sensitive to the subject. It recognizes the cues of
truthful and deceptive behaviour generated by the
subject through.
 Verbal Cues- identification of symptoms of
speech quality and content necessary to
determine truth and deception.
 Practical Kinesic Statement Analysis-
assessment of truth through verbal cues
coupled with methods of human recall.
 The body language cues- observable body
language cues of deception that are unbalanced
or inconsistent in relation to speech cues and
emotional symptoms.
 Kinesic subject control- techniques to take
control and command of the interview
environment. From proxemics to mirroring or the
use of enhanced information gathering skills.
 Confession behaviour- verbal and nonverval
acceptance cues generated by subject who are
prepared to give admission or confession.
INTERROGATION OR INTERVIEW TECHNIQUES
 Kinesic Interview Method- involves
analysing a person’s behaviour to
assess deception. It focuses on the
observable outward physical behaviour
of the body in order to ascertain the
person’s current emotional state and the the subject is suffering from personality
role the body plays in communicating
information.
 Two Phases:
 Practical Kinesic Analysis
 Practical Kinesic Interrogation Phase
 Practical Kinesic Interrogation Phase
 Interviewer determining the subject’s
frame of mind in response to the
interview stress. It also helps identify if
disorder or psychosis. Helps to
determine the subject’s personality type,
and enables him to understand how the
subject’s thinks and also determine the
subject’s strength to be avoided and
weakness to be exploited.
Laws on Human Trafficking (R.A 9208, R.A 10364, R.A 11862)
 Republic Act 9208 or the Anti-Trafficking  MEANS – It is committed by use of threat, or use of
force, or other forms or coercion, abduction, fraud,
in Persons Act of 2003, as amended by deception, abuse of power or of position, taking
RA 10364 also known as the Expanded advantage of the vulnerability of the person, or the
Anti-Trafficking in Persons Act of 2012 giving or receiving of payments or benefits to
achieve the consent of a person having control
over another person; and
 What is Trafficking in Persons (TIP)?  PURPOSE – It is done for the purpose of
exploitation or the prostitution of others or other
 Trafficking in persons is an illegal act and forms of sexual exploitation, forced labor or
services, slavery, involuntary servitude or the
is considered a violation of human rights. removal or sale of organs.
It has three (3) inter-related and
interdependent elements for a situation  The recruitment, transportation, transfer,
to be considered trafficking in persons: harboring, adoption or receipt of a child for
 ACTS – It involves the recruitment, the purpose of exploitation or when the
obtaining, hiring, providing, offering, adoption is induced by any form of
transportation, transfer, maintaining, consideration for exploitative purposes shall
harboring, or receipt of persons with or also be considered as “trafficking in persons”
without the victim’s consent or knowledge, even if it does not involve any of the means
within or across national borders; mentioned above.
What are the Acts Punishable under the Anti-TIP Law?
 1. Acts of TIP – includes all acts
committed by any natural or juridical
person where all the three elements of
TIP (acts, means, purpose) are present.
Some examples are:
 recruitment, hiring, offering, transferring,
harboring or receiving any person for the
purpose of prostitution, pornography, sexual
exploitation, under the pretext of domestic or
overseas employment or apprenticeship;
 undertaking or organizing tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution, pornography
or sexual exploitation;
 maintaining or hiring a person to engage in
prostitution or pornography;
 adopting persons by any form of
consideration for exploitative purposes; and
• recruitment, hiring, adopting, transporting,
obtaining, harboring, offering, receiving or
abducting a person, by means of threat or
use of force, fraud, deceit, violence, coercion,
or intimidation for the purpose of removal or
sale of organs of said person.
 Any person found guilty of acts of TIP
shall be penalized with imprisonment of
20 years and a fine of not less than 1
million but not more than 2 million
pesos.
What are the Acts Punishable under the Anti-TIP Law?
 2. Acts that promote TIP – includes all acts
that encourages or facilitates TIP such as:
 knowingly using or allowing the use of any
house or establishment for promoting TIP
 facilitating the use of tampered or fake
documents to evade government
regulatory and pre-departure
requirements;
 production, publication, broadcast and
distribution, including use of ICT for
propaganda materials that promote TIP;
 assisting in the conduct of
misrepresentation or fraud in securing
 Any person found guilty of acts that promote
 clearances and necessary exit documents
from government, and facilitating
exit/entry of persons possessing
tampered or fraudulent travel documents
for promoting TIP;
 preventing a trafficked person from seeking
redress from appropriate agencies by
confiscating or destroying his/her passport,
travel or personal documents;
 tampering with or destroying of evidence, or
influencing or attempting to influence witnesses
in an investigation or prosecution of a TIP case;
 destroying, concealing, removing, confiscating or
possessing travel and/or working documents of
any person in order to maintain the labor or
services of that person; and
 using one’s office to impede the investigation,
prosecution or execution of lawful orders in a
case.
TIP shall be penalized with imprisonment of 15
years
and a fine of not less than 500 thousand but
not more than 1 million pesos.
What are the Acts Punishable under the Anti-TIP Law?
 3. Use of Trafficked Persons – any
person who buys or engages the
services of trafficked persons for
prostitution shall be penalized with
imprisonment ranging from six (6) years
to forty (40) years and fine ranging from
50 thousand to 5 million pesos.
 In addition to imprisonment and fine, an
offender who is a foreigner shall be
immediately deported and permanently
barred from entering the country after
serving jail terms, while an offender who
is a public official shall be dismissed
from service and suffer perpetual
absolute disqualification to hold public
office.
What are the Acts Punishable under the Anti-TIP Law?
 4. Qualified TIP – the act will be considered as
qualified TIP when:the trafficked person is a child;
 there is adoption under RA 8043 (Inter-Country
Adoption Act) and said adoption is for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
 the crime is committed by a syndicate or is large
scale;
 the offender is a spouse, ascendant, parent,
sibling, guardian or a person who exercises
authority over the trafficked person;
 the offense is committed by a public official or
employee;
 the trafficked person is recruited to engage in
prostitution with any member of the military or
law enforcement agencies;
 the offender is a member of the military or law
enforcement agencies;
 he trafficked person died, became insane, suffered
mutilation or got infected with HIV/AIDS;
 the offender commits one or more acts of TIP over
a period of 60 or more days; and
 the offender directs or through another manages
the trafficking victim the offender directs or
through another manages the trafficking victim
 Qualified trafficking shall be penalized by life
imprisonment and a fine of not less than 2
million but not more than 5 million pesos.
What are the Acts Punishable under the Anti-TIP Law?

 5. Attempted TIP – where there are acts  executing, for a consideration, an affidavit of
to initiate the commission of a trafficking consent or a written consent for adoption;
offense but the offender failed to or did  recruiting a woman to bear a child for the
purpose of selling the child; • simulating a
not execute all the elements of the birth for the purpose of selling the child; and
crime, by accident or by reason of some  soliciting a child and acquiring the custody
cause other than voluntary desistance, thereof through any means, for the purpose
such overt acts shall be deemed as an of selling the child.
attempt to commit an act of TIP. In
cases where the victim is a child, any of  Any person found guilty of committing
the following acts shall also be deemed attempted TIP shall be penalized with
as attempted TIP: imprisonment of 15 years and a fine of
 facilitating the travel of a child who travels not less than 500 thousand but not
alone to a foreign country or territory without more than 1 million pesos.
valid reason and without the required
clearance or permit from the DSWD, or a
written permit or justification from the child’s
parent or legal guardian;
 What protection is given to trafficked  Who may file a complaint?
persons?
 The trafficked person or the offended
 Legal Protection party
 Free Legal Assistance  Spouse
 Right to Privacy and Confidentiality  Parents or legal guardians
 Witness Protection Program  Siblings
 Victim Compensation Program  Children
 Any person who has personal knowledge
of the offense
 How is trafficking in persons different from illegal recruitment
and human smuggling?
Trafficking in Persons
 May or may not involve coercion,
fraud, deception, abuse of
vulnerability, etc.
 Characterized by subsequent
exploitation after the illegal entry
of one person from one place to
another or one country to
another
 There is a need to prove
the presence of exploitation or
that the recruitment was
facilitated for the purpose of
exploitation
 Considered a human rights
issue
Illegal Recruitment
 Usually does not involve
coercion but uses more
deception, promises and fraud
 Characterized by facilitating
entry of one person from one
country to another through an
unorganized or unlicensed
agency
 Mere recruitment without
license is punishable, no need
to prove the consequential
exploitation
 Considered a migration
concern
Human Smuggling
 Usually does not involve
coercion
 Characterized by
facilitating for a fee, the
illegal entry of a person
into a foreign country
 Proof of illegal entry by
non-compliance with the
necessary requirements
for travel
 Considered a migration
concern
2022 IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT (R.A.) NO. 9208 (THE “ANTI-
TRAFFICKING IN PERSONS ACT OF 2003”), AS AMENDED BY R.A. NO. 10364 (THE EXPANDED ANTI-
TRAFFICKING IN PERSONS ACT OF 2012) AND FURTHER AMENDED BY R.A. NO. 11862 (THE EXPANDED
ANTI-TRAFFICKING IN PERSONS ACT OF 2022)

 (b) Child – refers to a person below eighteen (18) years of age or
one who is over eighteen (18) but is unable to fully take care of, or
protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or
condition.
 (e) Children involved in Armed Conflict (CIAC) – refers to children
who are either forcibly, compulsorily recruited, or who voluntarily
joined a government force or any armed group in any capacity.
They may participate directly in armed hostilities as combatants or
fighters; or indirectly through support roles such as scouts, spies,
saboteurs, decoys, checkpoint assistants, couriers, messengers,
porters, cooks or as sexual objects.

 (c) Child Laundering – refers to an act of stealing and selling a
child to adopting parents under false pretenses and using schemes
such as falsifying the child’s details or manipulating the child’s
origins to make the child appear an orphan or foundling.
 (d) Child Sexual Abuse and Exploitation Material or Child Sexual
Abuse Material (CSAEM or CSAM) – refers to photos, images,
videos, recordings, streams, or any other representation or form of 
media, depicting acts of sexual abuse and exploitation of a child or
representation of a child as a sexual object, whether or not
generated digitally or by, through, and with the use of information
and communications technology. It shall also include materials that
focus on real or simulated genitalia or other private body parts of a
child.
 (k) Debt Bondage – refers to the pledging by the debtor of his/her
personal services or labor or those of a person under his/her
control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the
services, as reasonably assessed, is not applied toward the
liquidation of the debt.
Forced Labor – refers to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat,
use of force or coercion, including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage or deception
including any work or service extracted from any person under the
menace of penalty.
2022 IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT (R.A.) NO. 9208 (THE “ANTI-
TRAFFICKING IN PERSONS ACT OF 2003”), AS AMENDED BY R.A. NO. 10364 (THE EXPANDED ANTI-
TRAFFICKING IN PERSONS ACT OF 2012) AND FURTHER AMENDED BY R.A. NO. 11862 (THE EXPANDED
ANTI-TRAFFICKING IN PERSONS ACT OF 2022)

 (s) Involuntary Servitude – refers to a condition of enforced and
compulsory service induced by means of any scheme, plan or
pattern, intended to cause a person to believe that if he/she did not
enter into or continue in such condition, he/she or another person
would suffer serious harm or other forms of abuse or physical
restraint, or threat of abuse or harm, or coercion including depriving
access to travel documents and withholding salaries, or the abuse or
threatened abuse of the legal process.
 (t) Online Sexual Abuse and Exploitation of Children (OSAEC) – refers
to the use of digital or analog communication and ICT as means to
abuse and exploit children sexually, which includes cases in which
contact child abuse or exploitation offline is combined with an online
component. This can also include the production, dissemination,
and possession of CSAEM or CSAM; online grooming of children for
sexual purposes; sexual extortion of children; sharing image-based
sexual abuse; commercial sexual exploitation of children; exploitation 
of children through online prostitution; and live-streaming of sexual
abuse, with or without the consent of the victim.
 (u) Pornography – refers to any representation through publication,
exhibition, cinematography, indecent shows, information technology,
or by whatever means, of a person engaged in real or simulated
explicit sexual activities or any representation of the sexual parts of a
person primarily for sexual purposes; Provided, That when a child is
involved, the material shall be considered child sexual abuse and
exploitation material as defined under paragraph (d) of this section.
 (w) Prostitution – refers to any act, transaction, scheme or design
involving the use of a person by another, for sexual intercourse or
lascivious conduct in exchange for money, profit or any other
consideration.
 (x) Sex Tourism – refers to a program organized by travel and
tourism-related establishments and individuals which consists of
tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual
services and practices offered during rest and recreation periods
for members of the military.
(y) Sexual Exploitation – refers to any means of actual or attempted
abuse of a position of vulnerability, differential power, or trust, for
sexual purposes or lewd designs, including profiting monetarily,
socially, or politically from the sexual exploitation of another,
regardless of whether or not consent was given.
 (z) Slavery – refers to the status or condition of a person over
whom any or all of the powers attaching to the right of ownership
are exercised.
2022 IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT (R.A.) NO. 9208 (THE “ANTI-
TRAFFICKING IN PERSONS ACT OF 2003”), AS AMENDED BY R.A. NO. 10364 (THE EXPANDED ANTI-
TRAFFICKING IN PERSONS ACT OF 2012) AND FURTHER AMENDED BY R.A. NO. 11862 (THE EXPANDED
ANTI-TRAFFICKING IN PERSONS ACT OF 2022)

 (cc) Trafficked Person – refers to a victim of TIP under the Act. This
shall also include persons rescued or intercepted from potential TIP
situations.

 (dd) Trafficking in Persons (TIP) – refers to the recruitment,

obtaining, hiring, providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons, with or without the
victim’s consent or knowledge, within or across national borders, by
means of threat, or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the
prostitution of others, the engagement of others for the production
or distribution, or both, of materials that depict child sexual abuse
or exploitation, or other forms of sexual exploitation, forced labor
or services, slavery, servitude or the removal or sale of organs.

 The recruitment, transportation, transfer, harboring, adoption or

receipt of a child for the purpose of exploitation or when the
adoption is induced by any form of consideration for exploitative
purposes shall also be considered as ‘trafficking in persons’ even if
it does not involve any of the means set forth in the preceding
paragraph.

https://www.officialgazette.gov.ph/2023/03/18/2022-implementing-
rules-and-regulations-of-republic-act-r-a-no-9208-the-anti-trafficking-in-
persons-act-of-2003-as-amended-by-r-a-no-10364-the-expanded-anti-
trafficking-in-persons-act-of/
STAGES OF MONEY LAUNDERING ( R.A 9160, R.A 9194, R.A
10167, R.A 10365, R.A 10927)

 SEC. 4. Money Laundering Offense. — Money

laundering is a crime whereby the proceeds of an
unlawful activity are transacted, thereby making them
appear to have originated from legitimate sources. It
is committed by the following:
 (a) Any person knowing that any monetary
instrument or property represents, involves, or relates
to, the proceeds of any unlawful activity, transacts or
attempts to transact said monetary instrument or
property.
 (b) Any person knowing that any monetary
instrument or property involves the proceeds of any
unlawful activity, performs or fails to perform any act
as a result of which he facilitates the offense of
money laundering referred to in paragraph (a) above.
 (c) Any person knowing that any monetary
instrument or property is required under this Act to
be disclosed and filed with the Anti-Money
Laundering Council (AMLC), fails to do so.
THANK YOU & GOD BLESS YOU!

Prepared by:
Joanna C. Bajado