MODULE IN

SPECIALIZED CRIME
INVESTIGATION
WITH
LEGAL MEDICINE (CDI 2)

Prepared By:

KEMMY G. MEDIANA,RCRIM.
 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE

INTRODUCTION

Crime scene often generates tracing evidence that leads to the apprehension of dangerous criminals.
Perhaps just as often though, potentially valuable evidence destroyed or rendered useless by
careless behavior and handling at the crime Scene. Clearly written directives, procedures and training
for crime fighters and police investigators will help law enforcement agencies to resolve this problem.
The scientific examination of physical evidence is widely accepted as a critical element in the effort of
law enforcement agencies to conduct successful criminal investigations and prosecutions.

These scientific advancement and technological breakthroughs have increased the possibility and
likelihood of collecting and analyzing physical evidence that was never possible before.

The problem starts with the collection of physical evidence from the crime scene not by the analysis
of the evidence. The need for specialized units in the processing of all crimes is essential. These
specialized units called crime scene units should be trained and equipped to all forms of crime
scenes. The crime scene units would have the capability to professionally evaluate and collect
pertinent physical evidence from the crime scenes. In the Philippines, the Scene of Crime Operations
unit or PNP, SOCO unit was specifically created to address this problem. Making it easier for police
investigators solve crimes, identify criminals and provide the evidences necessary for the prosecution
to build a strong case against the accused.
 CHAPTER I

LESSON 1

The Investigator

In the field of special crime investigation an investigator is the person who is tasked with the duty of
carrying out the objectives of investigation. This is a multi-various job which involves identifying the
criminals, locating the criminal offender, providing evidence to prove the guilt and acting as a witness
in favor of the prosecution.

The job of the investigator involves the task of identifying the criminal offender, protecting the crime
scene, collection of evidence from the crime scene, interviewing witnesses, reconstructing the crime
scene, tracing and locating the suspect, vigorous questioning of the suspect in custody and in
observance of due process, serves as a witness in favor of the aggrieved or offended party.

In homicide cases, if the investigator should happen to be the first responder officer, his primary task
is the verification of death of the victim.

Responsibilities of a Homicide Investigator: The various responsibilities of the Homicide Detail

consists of investigating death related crimes shootings, jail crimes, missing person reports and
Internal Criminal Investigations. The supervising officer is available at all times, by telephone or pager
in order to coordinate and expedite crime scene response.

The homicide unit manned by the best and well trained investigators who are on call 24 hours a day,
7 days a week, and have unlimited access to the office support staff. These investigators interact
constantly with the Office of the Prosecutor, Crime Laboratory, the Medico Legal Office, the
Identification Section as well as other local and foreign agencies concerned with the Criminal Justice
System such as the National Bureau Investigation, Philippine Drug Enforcement Agency, Bureau of
Corrections, Bureau of Jail Management and Penology, Interpol, FBI and the like.
The primary function of the homicide unit is the investigation of death related cases. These cases are
complex, sensitive and often labor intensive.

The investigator demonstrate tremendous skill and experience in their field of work in order to
efficiently process high profile assignments. Investigators assigned to a murder case work on from
the crime scene to conviction. They process the application of search warrants, collect evidence,
conduct extensive interviews and interrogations, attend autopsies, perform death notifications and
accomplish all reports for case filing and prosecution.

Homicide investigators are also assigned death investigations in which the patrol officers or coroner
investigator believes suspicious circumstances exists. These cases may ultimately prove natural
death, suicides, accidental death, fire incidents wherein some victims die. It is the duty of the
homicide investigator to either include or exclude criminal wrongdoing. In addition to the above
mentioned, the rights of the accused under custodial investigations shall be strictly observed to wit:
 CHAPTER I

LESSON 2

REPUBLIC ACT NO. 7438 (April 27, 1992)

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED DETAINED OR UNDER

CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

Section 1. Statement of Policy. -It is the policy of the Senate to value the dignity of every human
being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or under Custodial Investigation; Duties of Public
Officers. -

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel

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

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

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

(e)Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise the waiver shall be null and void.
(f) Any person arrested or detained or under Custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or, by any
national non-governmental organization duly accredited by the Commission on Human Rights of by
any international non-governmental organization duly accredited by the Office of the President. The
person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother
or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used this Act, "custodial investigation" shall include the practice of issuing an invitation" to a
person who investigated in connection with an offense he is suspected to have committed, without
prejudice to the liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel- Assisting counsel is any lawyer, except those directly affected by the
case, those charged with conducting preliminary investigation or those charged with the prosecution
of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees:

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with
less grave of grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a
capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the province
comprising such municipality or city shall pay the fee: Provided, That the Municipal of City Treasurer
must certify that no funds are available to pay the fees of assisting counsel before the province pays
said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person
can only be detained by the investigating officer in accordance with the provisions of Article 125 of the
Revised Penal Code.

Section 4. Penalty Clause. -

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

(b) Any person who obstruct, persons or prohibits any lawyer, any member of the immediate family of
a person arrested, detained or under custodial investigation, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel, from
visiting and conferring privately with him, of from examining and treating him, or from ministering to
his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of
imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand
pesos (P4,000.00).

The provisions of the above section notwithstanding, any security officer with custodial responsibility
over any detainee or prisoner may undertake such reasonable measures as may be necessary to
secure his safety and prevent his escape.

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

Section 6. This Act shall take effect fifteen (15) days following its publication in the Official Gazette
or in any daily newspapers of general circulation in the Philippines.
 CHAPTER 1

LESSON 3

Crime Scene Investigation

It is the conduct of processes, more particularly the recognition, search, collection, handling,
preservation and documentation of physical evidence to include the identification and interview of
witnesses and-the arrest of suspect/s at the crime scene.

Upon receipt of a report/complaint of a crime incident, the desk officer shall:

a. Record the time the report/complaint was made, the identity of the person who made the report,
place of the incident and a synopsis of the incident.

b. Inform his superior officer or the duty officer regarding the report.

First Responder - any police officer who first arrives at the crime scene and shall endeavor to protect
and secure the same as follows:

a. Cordon off the crime scene with whatever available materials like ropes, straws, barricade, police
line, if available, etc.;

b. Evacuate injured persons to the nearest hospital

c. Prepare to take the "dying declaration" of severely injured person, if any;

d. Prevent entry/exit of persons within cordoned area; and

e. Prepare to brief the investigators of the situation upon their arrival.

Crime Scene Investigation Proper-

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

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

3. Preparation of Narrative Report. The team leader uses the systematic approach in making a
narrative report. No item is too insignificant to record if it catches one's attention.

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

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

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

7. Collection of Physical Evidence. The team leader is always informed of significant evidence
located. The evidence collector shall put his initial, location and date of collection on the item and turn
it over to the evidence custodian for documentation and safekeeping. In cases where the evidence
encountered needs special processing due to significant or sensational cases, the Scene of the
Crime Operation (SOCO) specialists of the Crime Laboratory shall be requested.

8. Conduct of Final Survey. The team leader makes a final review of the crime scene to determine
whether or not the processing has been completed.

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

Conduct of Interview - While the crime scene is being processed, the team leader shall designate
other members to look for witnesses and immediately conduct interview. The assigned investigators
shall jot down important facts for the future reference.
Arrest of Suspect/s - Upon arrival at the crime scene, the team leader shall endeavor to arrest the
suspect/s if he is still at the crime scene or the first responder did not arrest the suspect/s. the
suspect/s shall be secured and shall be separated from the other witnesses.
 CHAPTER II

LESSON 1

Rights of the person arrested or under investigation:

"You have the right to remain silent, anything that you say can and will be used for or against you in
any court of Law. You have the right to counsel of your own choice and if you cannot afford, one shall
be provided to assist you."

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

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

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

Modes of Arrest - An arrest may be made by virtue of a Warrant of Arrest, or without a warrant as
hereinafter provided.

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

Arrests by Virtue of a Warrant of Arrest -

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

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

When is a warrant of arrest not necessary?

(1) When the accused is already under detention pursuant to a warrant issued by the MTC judge in
Rule 112, Sec. 6 (b);

(2)When the complaint or information was filed pursuant to Rule 112, Sec. 7, i.e. a valid warrantless
arrest;

(3)When the offense is penalized by fine only. (Rule 112, Sec. 6 (c)

(4)When the accused lawfully arrested escapes or is rescued (Rule 113, Sec. 13)

Arrest without a Warrant; when lawful -

A peace officer or a private person may, without a warrant, arrest a person:

a. when, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

b. when an offense has just been committed and he has probable cause to believe, based on
personal knowledge of facts or circumstances, that the person to be arrested has committed it; and

c. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while being transferred from
confinement area to another.

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

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

b. The arrested person shall be delivered to the proper authorities without unnecessary delay and
within the time prescribed in Article 125 of the Revised Penal Code, as amended (12, 18, or 36 hours,
as the case may be).

c. The person arrested without a warrant shall be delivered to the nearest police station or jail, and
shall be subject of inquest proceedings under Section 7, Rule 112 of the 2000 Rules of Criminal
Procedure.

d. If the person arrested without a warrant waives his right to remain silent under the provisions of Art
125 of the Revised Penal Code and to give a statement and present evidence for his defense, the
arresting officer shall ensure that the waiver made by person arrested shall be in writing and in the
presence of his counsel of choice.
e. Physical Examination of Arrested Person/Suspect - Immediately after the arrest of a person
arrested by the court, or of a person ordered arrested by the court, or of a suspect under
investigation, he should be subjected to a physical examination by a medico-legal officer or, in the
absence of such medico-legal officer by any government physician in the area. Prior to his release or
any change of custody, the suspect shall also be physically examined.

Prohibitions - No torture, force, violence, intimidation, or any other means which violates the free will
shall be used against the suspect. Secret detention places solitary confinement (incommunicado) or
other similar forms of detention shall be prohibited.

Record check - The officer shall make a record check for the possibility that the arrested person is
wanted for crimes other than that for which the same was arrested.
 CHAPTER II

LESSON 2

SEARCH AND SEIZURES:

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

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

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

Scope of the prohibition: The prohibition against unreasonable searches and seizures is imposed
only upon the government and its agencies tasked with the enforcement of law.

Nature of Right against unreasonable search and seizures:

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

Requisites for Issuance of Search Warrant

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

The following are the properties subject to seizures:

a. Properties which are the subject of the offense;

b. Stolen, embezzled proceeds, or fruits of the offense;

c. Objects including weapons, equipment, and other items used or intended to be used as the means
or committing an offense;
d. Objects that are illegal per se in plain view.

Applications for Search Warrant - All application for search warrant shall be approved by a duly
designated officer. The application shall be recorded in a logbook.

The application shall indicate the following data:

a. Office applying for the Search Warrant;

b. Name of officer-applicant;

c. Name of the subject, if known;

d. Address/place(s) to be searched;

e. Specific statement of things/articles to be seized;

f. Sketch of the place to be searched.

Conduct of Search

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

Prohibited acts in the Conduct of Search

a. Houses, rooms, or other premises shall not be searched except in the presence of the lawful
occupant thereof or any member of his family or in the absence of the latter, the presence of two (2)
witnesses of sufficient age and discretion residing in the same locality.

b. Lawful personal properties, papers, and valuables not specifically indicated or particularly
described in the search warrant shall not be taken

Validity of Search Warrant

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

Receipt for the Property Seized

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

Valid Warrantless Searches and Seizures -

a. Search incidental to lawful arrest.

b. Search of moving vehicles

c. Seizure of goods concealed t0 avoid duties.

d. Plain view search and seizure.

e. Consented Search.

f. Stop and Frisk

g. Administrative searches

h. Private searches

i. Border searches

j. Checkpoints

Conduct of search

Upon admittance, the officer must conduct the search in the presence of the lawful occupant of the
premises or any member of his family, or in the absence of the latter, two witnesses of sufficient age
and discretion residing in the same locality. (Rule 126, Sec. 8) Failure to Comply invalidates the
search. (People v. Gesmundo)

Seizure of property and issuance of receipt for the property seized

Once the property described in the warrant has been found and seized, the officer must give a
detailed receipt for such property to the lawful occupant of the premises. In the absence of such
occupant, the officer must leave a receipt in the place in which he found the seized property in the
presence of at least two witnesses of sufficient age and discretion residing in the same locality.

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

(1) The Constitutional right exists;

(2) The person involved had constructive knowledge of such right; and

(3) There was an actual intention to relinquish the right.

Plain View: Requisites for a valid warrantless search under the plain view doctrine:

(1) Prior valid intrusion based on the valid warrantless arrest in which the police are legally present in
the pursuit of their official duties;

(2) The evidence was inadvertently discovered by the police who have the right to be where they are;

(3 The evidence must be immediately apparent;

(4) Plain view justified the seizure of the evidence without any further search;

(5) The thing itself is illegal or prohibited.

References: Ricardo M. Guevara

Feliciano R. Almojuela Jr.