INNOVATIVE COLLEGE OF SCIENCE & TECHNOLOGY

Malitbog, Bongabong, Oriental Mindoro

CRIMINOLOGY DEPARTMENT
SPECIAL CRIME INVESTIGATION
CRISMARK NALING MARIANO

I.OBJECTIVE: The students will be able to;

 Determine the importance of Forensic Examination in the conduct of Criminal
Investigation.
 Understand the procedure in dealing with Homicide Investigation.
 Distinguished Murder, Parricide, Homicide with each other.
 Analyzed or estimate the time of death and other investigative value regarding the subject
being investigated.
 Identify the different causes of death.

II.TIME FRAME:
Week 9- October 15, 2020
3 hours

III.TOPIC:

ANALYZING FORENSIC EVIDENCE

Forensic scientists use sophisticated laboratory tests to reveal how a crime was committed, and
by whom. Traces of gasoline, identified with a technique called gas chromatography, may show
that a fire was arson. A drop of semen left by a rapist, subjected to genetic analysis, could reveal
whether a suspect is guilty or innocent. A white powder, analyzed by an instrument called a
mass spectrometer, may prove to be cocaine. And with the aid of computers, many kinds of
evidence analysis are now being expanded and simplified.

DNA Fingerprinting

Probably the most important innovation ever introduced to forensic science is a technique called
DNA "fingerprinting."

This method enables investigators to analyze the DNA (deoxyribonucleic acid) - the molecule
genes are made of - in biological evidence such as blood, hair, or semen recovered from a crime
scene.

DNA fingerprinting provides an extremely precise way of identifying criminals, because

everyone's genetic makeup is unique. (The one exception to that rule is identical twins, who
share all the same genes.)

The most accurate form of DNA fingerprinting can show that a particular bit of skin tissue or
drop of blood could have been left at a crime scene by only one person in the world.

There are two primary methods of DNA fingerprinting:

- restriction fragment length polymorphism (RFLP) testing, and

- polymerase chain reaction testing.

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Each has advantages and disadvantages. RFLP is more accurate, but requires a larger sample -
several strands of hair or a dime-sized drop of blood - and typically takes several weeks.

PCR, though less precise, can analyze very small bits of blood or semen, or even a singlehair,
overnight. For those reasons, PCR is the more commonly used technique.

In RFLP testing, laboratory technicians use chemicals called restriction enzymes to cut the DNA
extracted from a sample of evidence, such as a blood stain, into numerous pieces.

Then, in a procedure called electrophoresis, a solution containing the DNA fragments is placed
on a gel and exposed to 10 an electric current.

The electric field causes the variously sized fragments, which themselves carry an electric
charge, to move through the gel.

The smaller, lighter pieces move farther than the longer, heavier pieces. In this way, the many
fragments get sorted by length.
The result is a pattern of dozens of parallel bands (made visible on photographic film after
additional steps), somewhat like a supermarket bar code, that reflects the composition of the
person's DNA.

Geneticists have estimated that there are more than 10 billion possible patterns resulting from
the individual assortment of polymorphisms – variable lengths of DNA between restriction
enzyme cutting sites – in each person’s genes.

Many experts say it is therefore all but impossible that the DNA pattern of one person would
match that of another. So if the pattern made by the DNA in a blood sample taken from a
suspect is identical to the pattern of the DNA from the crime scene, there can be little doubt
about the suspect's guilt.

The PCR lest zeroes in on specific genes that have many different forms among the general
population. PCR is a genetic "copying machine" that can quickly make multiple copies of a gene
in a
DNA sample from a crime scene.

A DNA molecule is shaped like a twisted ladder. The two sides and rungs of the ladder are made
of interconnected strands of molecules called nucleotides.

PCR is performed with a machine called a thermal cycler, which heats a solution containing a
sample of DNA, causing the double-stranded molecule to separate into individual strands. After
a few minutes, the machine lowers the temperature of the solution.

With the aid of an enzyme (biochemical catalyst) called DNA polymerase, free nucleotides in the
solution then join to form new strands of DNA, and those come together to re-form the double-
sided molecule.

This procedure repeats many with each cycle doubting the amount of DNA in the solution -
which is why the process is called a chain reaction. PCR can create millions of copies of the
original DNA sample overnight.

Next, scientists determine which version of a particular gene is in the enlarged quantity of the
DNA from the crime scene.

They do this by placing the DNA on a membrane that contains copies of all known forms of the
gene. Each copy of that gene in the multiplied DNA then attaches to its matching version on the
membrane,
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The same test is performed on genetic material in a blood sample taken from a suspect. If the
person’s DNA contains a different version of the gene than was found in the DNA from the crime
scene, investigators can rule out that particular suspect.

PCR is a valuable tool for narrowing down a list of suspects, but only RFLP testing can establish
with absolute certainty that a biological specimen recovered at a crime scene was left by a
particular suspect.

When RFLP fingerprinting cannot be carried out, a conviction may depend on whether
conventional fingerprints were found at the crime scene.

Like one’s genetic makeup, a person’s fingerprints are unique. Most fingerprints left at a scene
are latent (invisible). They are made visible by being brushed with a special powder of chemicals
or being exposed to light from a laser or an ultraviolet lamp.

Using Computers to Analyze Evidence

An important technological advance in forensic science, second only to DNA analysis, has
been the use of computers to identify fingerprints.

Images of latent fingerprints found at a crime scene are scanned and translated into
digital information (a series of 0’s and 1’s), which is fed into a computer.

Using a program called the Automatic Latent Print System (ALPS), the computer compares
the digitized fingerprints with millions of others stored in its memory and suggests a list of
people who may have committed the crime.

A human fingerprint examiner then calls up those suspects’ fingerprints one by one on a
computer monitor and compares them with images of the ones found at the crime scene
to look for an exact match.

Using Computers to Reenact Crimes

Computers can also be used to reenact certain types of crimes.

To learn how a fatal shooting probably occurred, for example, investigators supply a
computer with data culled from the scene:

- the path that bullets tore through the person’s body and surrounding walls and doors;
- the victim’s movements, as revealed by the trail of blood; and more.

The computer then creates an animated restaging of the murder, depicting likely
sequence of events.

It might conclude, for instance that the person was shot in the chest, turned and
staggered toward a door, and then was shot in the back.

The interpretation of the crime may be presented in court to help the judge understand
how the murder was most likely carried out.

Computers have also eased the work of many investigators, such as firearms examiners,
whose job is to determine whether a particular gun was used in a crime.

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 These specialists can often link bullets or cartridge cases covered from a crime scene to a
suspect’s gun, because very firearm gouges tiny, unique marks into the ammunition it
fires.

When investigators think that a suspect’s gun was fired during a crime, the firearms
examiner uses the gun to fire a test bullets into a container filled with water or cotton.

The examiner then uses a special microscope to compare the marks on the test bullet and
cartridge with the marks on the bullets and cartridge cases found at the crime scene.

Computers have made firearms examination a much more far-reaching law enforcement
tool. With the aid of the computer, investigators are often able to find the likely
perpetrator of a violent crime before any suspects have been identified by other means.

With a digital scanner connected to a microscope, investigators create a computerized

image of the tiny marks on a bullet and cartridge case from a crime scene and enter the
information into a computer.

The computer then compares the image with thousands or millions of others stored in its
memory banks and suggests possible matches.

The firearms examiner then reviews the image of the proposed matches on a computer
screen and decides whether any of the bullets and cartridge cases look identical to the
ones from the crime scene.

Computers can speed up other methods of analyzing evidence as well. One way to identify
an unknown organic (carbon – based) substance, for example, is with a technique called
infrared spectrophotometry.

A spectrophotometry is an instrument that detects and records the absorption of infrared

light by a material. Infrared light, often called “heat rays,” is light beyond the red end of
the visible spectrum.

Every organic substance absorbs infrared light at a specific set of wavelengths, and the
absorption pattern of any material is unique.

Thus, a substance’s infrared – absorption pattern, or spectrum, provides a highly reliable

way to analyze organic evidence obtained at crime scenes.

A computer can identify a plastic, paint, or other substance in a few seconds by

comparing its spectrum against a digitized library of thousands of spectra in its memory.

LESSON 6
INVESTIGATION OF HOMICIDE

Definition

Article 246, 248 and 249 of the Revised Penal Code define parricide, murder and homicide as
follows, respectively:

“Parricide. – Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty of reclusion perpetua to death.
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 “Murder. – any person who, not falling within the provisions of Article 246 shall kill another,
shall be guilty of murder and shall be punished by reclusion temporal in its maximum period
to death, if committed within any of the following attendant circumstances:

- With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.
- In consideration of a price, reward, or promise.
- By means of inundation, fire, poison, explosion, shipwreck, standing of a vessel,
derailment, or assault upon a street car or locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other means involving great waste and ruin.
- On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
- With evident premeditation.
- With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.

“Homicide. – Any person who, not falling within the provisions of Article 246, shall kill another
without the attendance of any of the circumstances enumerated in the next preceding article,
shall be deemed guilty of homicide and be punished by reclusion temporal.”

Autopsy. – Autopsy is also called necropsy, postmortem, or postmortem examination, dissection

and examination of a dead body and its organs and structures to determine the cause of death;
to observe the effects of disease, and to establish the sequences of changes and thus establish
evolution and mechanism of disease processes.

Death. - The total cessation of life processes that eventually occurs in all living organisms. The
state of human death has always been obscured by mystery and superstition, and its precise
definition remains controversial, differing according to culture and legal systems.

Human Being (species Homo Sapiens), bipedal primate mammal that is anatomically related to
the apes but is distinguished by a more highly developed brain, with a resultant capacity for
articulate speech and abstract reasoning, and by a marked erectness of body carriage that frees
the hands for use as manipulative members.

General Considerations

Homicide, in criminal law, is the killing of a human being by the act, procurement, or
negligence of another. Homicide is a generic term, comprehending not only the crimes
of murder but also the taking of a human life under circumstances justifying the act or
in a sense excusing its commission. Thus, the killing of an enemy on the battlefield as
an act of war is considered justifiable homicide, and killing, without malice, to save one's
own life or the lives of one's dependents is termed excusable homicide.

Most homicide cases require an official inquiry into the actual cause of death. Hence, the
real beginning of any homicide investigation should be to establish the cause of death
accurately. Here, a close coordination between the medico-legal officer and the
investigating officer is imperative.

Even a thorough investigation by both the medico-legal officer and the investigator will not
always disclose the cause of death. Such methods as forced or induced heart attacks,
feigned accidents, traffic deaths, burning have been used to cover up the crime of murder.
Therefore, in the majority of homicide investigations, the victim is the greatest source of
information and/or evidence. Because the victim (deceased) is unable to orally furnish
investigative leads, it is up to the investigator to "scientifically" obtain that information
from the
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In the course of conducting the investigation, the investigating officer faces three major
problems:

- First, when the dead body is moved.

- Second, when the body is embalmed.
- Third, when the body is buried or cremated.

Before the body is moved, it is very important that photographs be taken, measurements made,
fingerprints searched for and a host of other tasks carried out. When the body once moved, it
can never be put back again and the investigation repeated exactly.

Once the body is embalmed. It effectively destroys traces of alcohol and several other poisons. It
also makes the determination of many other substances much more difficult. If there is the
slightest indication to suspect poisoning, the organs should be removed before embalming.

And, once the body is buried, it is a difficult and expensive procedure to exhume a body. The
lapse of lime greatly increases the difficulties of a scientific examination and diminishes the
likelihood of a successful conclusion as to the actual cause or instrument of death. Cremation
destroy any possibility of further scientific work on the body.

Autopsy is a medical examination of a dead human body, including the internal organs, to
determine the cause of death or to study pathological changes. An autopsy is performed by a
doctor trained in pathology. After the exterior body is thoroughly examined, an incision is made
to expose the internal organs. Their position is noted, and they are removed for examination by
eye and further study under a microscope. Autopsies are commonly performed shortly after
death; usually authorization of a surviving relative is required.

Most autopsies serve to advance medical knowledge, but autopsies also have legal uses. Deaths
resulting from violence or poison, or occurring under suspicious circumstances, are investigated
by a Medico-Legal Officer. In such instances, the autopsy is made to determine the time and
circumstances of death, thereby providing evidence for legal action.

Investigative Procedures

- Upon arrival at the crime scene:

- Note time of arrival and weather condition.
- Identify self and hold everyone at scene for questioning.
- If suspect is present, arrest immediately. Prevent anyone from touching body or
disturbing anything pending arrival of laboratory technicians and the medico legal officer.
- Prevent unauthorized persons from entering the scene.
- Take names and addresses of all persons present and endeavor to ascertain name of
suspect(s).
- Keep room and immediate area clear of all but authorized persons who are on official
business.
- Keep witnesses separated to prevent conversation.
- Examine the crime scene:

-Note position of the body.

-Examine the clothing and its position noted.
-Photograph, sketch and note down traces on the body and on clothing.
-Take photographs to show body in original position with relation to stationary
objects, route of the culprit, and another important locations.
- Make diagram of scene. If something has been altered before arrival, the original
position of objects sketched and photographed should be established with the aid of
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 - Wounds are examined by the medico-legal officer. All sides of the body are
examined, as is the ground under it.
- Note weather at the time when the crime was discovered and when the officer
arrived.
- Examination of doors, windows, and furniture will disclose the probable direction of
entry and exit of the offender. Note position and whether doors are open, closed, or
have been moved from last known position before the homicide.
- Look for bullet holes, empty shells, and bloodstains. Note and mark location.
- Search for visible and latent fingerprints, latent and surface footprints, traces of
tools, cut telephone wires, traces of teeth. strands of hair, bits of cloth, buttons,
cigarette butts, etc.
- Search for other traces and clues.
- Determine if traces came from victim, perpetrator, or third party. It is possible that
false clues may have been deliberately plated.
- Search terrain around premises or other area where victim was discovered, noting
vegetation, condition of soil, footprints, etc.
- Determine movements of victim and perpetrator.
- Based on the position of the victim, traces of violence, position of bloodstains and
weapon, try visualize what has taken place.
- Search for clues. Follow to the end. Investigate every theory.
- Preserve evidence
- Record findings.

The Dying Declaration

Dying Declaration, statement as to the cause of his death or her death, made by a person
who has been physically injured at the hands of another, and who has given up all hope of
recovery and who subsequently dies of such injury. In law, such statements are permitted to be
given in evidence. This allowance is an exception to the rule excluding hearsay evidence
from the consideration of the judge. The exception is based on the assumption that statements
made by a dying person in the apprehension of death are as trustworthy as those made in
open court under oath; however, dying declarations made by those other than the victim of a
homicide are inadmissible, in either civil or criminal cases.

If the victim is able to speak, attempt to obtain a statement in the presence of witnesses,
and try to have the victim sign the statement. The victim should first answer the following
questions:

- What is your name?

- Where do you leave?
- Do you now believe that you are about to die?
- Have you no hope of recovery from the effects of the injury you have received?
- Are you willing to make a true statement of how you received the injury from which
you are now suffering?

A dying declaration is considered competent evidence. It is admitted in court only when

the person has no hope of recovery.

Estimating the Time of Death

It is always important to know as nearly as possible the time when the victim expired.
However, it often happens than not that there are no witnesses available who can testify
as to the exact time that the death occurred. In the absence of witnesses, this information
must be obtained from an examination of the body itself. The sooner after death the body
is found, the more definitely can the actual time of death be fixed. However, it is usually
impossible
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 There are three observations that indicate the immediate signs of death. Any one of which
can be made in a matter of few moments and are a reliable and accurate means for
determining death:

- Cessation of Breathing. - With victim lying on his back, clothing loosened over, observe
his chest closely on the upper part of the abdomen where the lowest ribs meet the breast
bone.

Any up-and-down motion indicates breathing. No motion means either breathing has
stopped or it is too shallow to be noticed. But that in itself does not mean that death has
already taken place.

- Cessation to Pulse. - To feel the pulse, place the tips of the finger on the under surface of
the radius bone. If no pulse can be felt and the person has stopped breathing, it is very
likely that death has occurred.

- Loss of Muscle Tone of the Eyeballs and Changes in the Pupil. - Touching the eyeball
will cause movements of the eyeball or eyelids unless the person is in a very deep coma or
dead. The eyelids are flabby and, when opened, will stay and eyeballs rapidly lose their
luster due to evaporation of moisture. The pupils lose their symmetrical appearance; differ
in size; and. instead of being round, may be eccentric.

There are several body changes that take place after death which help the investigator in
determining the time of death:

- Loss of Body Heat. - During life the body temperature is kept at approximately 98
degrees Fahrenheit. However, after death has taken place, the body temperature tends to
become the temperature of the surrounding. If the body still feels warm, on area such as
under the arms, is an indication that death has taken place within the last few hours.
When the body feels cold and clammy under conditions of average room temperature is an
indication that death occurred at least eighteen to twenty-four hours previously.

- Postmortem Lividity. Postmortem lividity is a purplish discoloration of the body that

occurs on those parts of the body which are nearest the floor. This discoloration is caused
by the settling of the blood by gravity into those areas. During life the blood is under
pressure and circulating. After death, the pressure falls to zero and the blood begins to
settle by gravity so that, no matter what position the body may be in, those portions of the
body which are lowest will be the areas the blood will settle. Under most conditions this
discoloration will begin to be apparent from one to two hours after death.

The observation of postmortem lividity is important for two reasons:

- First, it gives a general indication as to how long the body has been dead.
- Second, it sometimes is an indication of whether the body has been moved or disturbed
after death.

- Rigor Mortis. - Rigor mortis is a stiffening of the muscles of the body due to chemical
changes within the muscle tissue itself. Many factors will alter the speed with which it
appears and the length of time before it leaves, but the following schedule is substantially
correct for the average case:

- Rigor mortis develops first in the face and jaws and the onset usually takes place in
this area from three to five hours after death.
- The rigidity gradually extends downward involving the neck, chest and arms, abdomen
and finally the legs and feet.
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 - For the entire body to be involved usually requires from about eight to twelve hours
after death.
- The body will rigid for a variable length of time but generally from twelve to twenty-four
hours.
- Rigor mortis then begins to leave the body and it disappears in the same order that it
made us onset.
- First, the face and neck will again become flaccid and then the other portions of the
body will become limp in the same order that the rigidity developed.
- When the rigidity begins to disappear, will usually be entirely gone in from eight to ten
hours.

- Cadaveric Spasm. - Under certain conditions a stiffening of the hands or arms may take
place immediately at the time of death which is known as cadaveric spasm. When a knife
or gun is found tightly grasped in the hand of a dead person, one can be sure that he held
it at the time of his death. It is impossible for another person to place a weapon in the
hand of a dead person and have it grasped tightly as in the situation of a cadaveric
spasm.

- Stomach Contents. - Examination of stomach contents is another procedure of great

importance in fixing the time of death. If stomach contents are present, it is possible for
the medico-legal officer to tell with reasonable accuracy of what the last meal consisted.
The stomach will usually be empty in from four to six hours after a meal has been eaten.
If the small intestine is also empty, death probably took place twelve or more hours after
food was last eaten.

- Insects.

- Blow Fly, any of a large family of flies known for the habit of the larvae infesting
animal arcasses. They are found worldwide, occurring nearly every place inhabited by
people. Blow flies are slightly larger than true house flies.

The female blow fly typically lays her eggs on the body of a recently killed animal or
human remains. The eggs hatch quickly and the maggots then feed on the decaying
tissues. In warm weather, some species can complete their larval growth within a
week. They then burrow into the soil and pupate, to emerge later as adult flies. Blow
flies play an essential role in nature by decomposing dead tissue.

Blow fly maggots are important in forensic analyses in cases of homicide and other
human. Because the growth at constant rates, their size and stage of development can
provide clues to the time and conditions of death.

- Cheese Skipper, a shiny black fly found throughout the world. It is best for its
problematic larvae (newly hatched wormlike forms) that live in human foods such as
dried or processed meat, fish, and cheese. They are called cheese skippers not only for
their habit of feeding on cheese but also because the older larvae can jump.

The adult female begins laying eggs about ten hours after mating. She will lay 140 to
500 eggs over her lifespan of three or four days.

Cheese skippers sometimes lay their eggs on human remains. The larvae can be
helpful in homicide investigation because they develop at constant rates, thus their
size and stage of development provide clues to the time and conditions of death.

- Associated Events. - Equally important to that information derived from the body itself is
the observation of associated events like:
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 - the fall of rain;
- whether or not electric lights are burning;
- whether or not milk or newspaper has been removed from the doorstep;
- whether meals have been prepared and eaten;
- dishes washed;
- pets cared for;
- condition of stove or furnace;
- in open field, condition of vegetation underneath the body;

Death Due to Gunshot Wounds

For the investigator to intelligently investigate deaths due to gunshot wounds, he must have a
working knowledge of guns, ammunition, and the fundamental principles of firearms
identification.

If death seems likely to be due to gunshot wounds, the investigator should try to determine
the followings:

- Was death due to a gunshot wound or an injury due to other instruments?

- If from a gunshot wound, from what distance was the firearm discharged?
- From what direction were the shots fired?
- What was the position of the body when hit?
- Was it an accident, suicide or murder?

Generally, the wounds of entry are typical neat round holes with an even gray ring around
them and from which emerges comparatively small quantities of blood.

On the other hand, the wounds of exit are much larger than the bullet, are ragged, torn,
and generally the escape of blood is much greater than in wounds of entry.

If the bullet encounters only soft tissues in its passage through the body, it will pass
through in a straight line. However, if it strikes a bone, it may deflect in its trajectory,
depending upon the size and shape of the bone, the velocity of the bullet, and the angle at
which it strikes. Usually, there will be great destruction of the surrounding tissues due to
broken fragments of bone.

The distance from which a firearm was discharged can be classified into three categories:

- When the muzzle of gun was held directly in contact with the skin.
- When the muzzle of gun was held from about two to eighteen inches away.
- When the muzzle of the gun was held from eighteen inches or more.
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The contact wound is a dirty looking wound, considerably larger than the diameter of the
bullet and the skin edges are ragged and torn. There is charring of the tissues due to the
tremendous heat from the muzzle blast.

Wounds inflicted when the gun is held from two to eighteen inches away will show
discoloration around the point of entry: namely, smudging and tattooing.

In smudging, the wound of entry will show deposit of smoke and soot from the burned
powder producing a dirty, grimy appearance. The size of the smudge pattern depends upon
the caliber of the gun, the type of powder used, and the distance of the muzzle to the body.
In tattooing, a pattern of unburned powder granules and particles of molten metal from
the bullet is embedded into the skin. As in smudging, the size of the pattern depends upon
the caliber, powder charge and distance of the muzzle to the body.

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 Shotgun wounds will show peculiar characteristics depending upon the gauge of the gun
and the distance when discharged. At a distance of ten feet or less, the shot will blow a
hole through the abdominal or chest walls. Beyond ten feet the shot will form a pattern of
individual shot penetrating the body. The size of the pattern will also depend whether or
not the shotgun barrel is smooth-bored or choke-bored.

Shotgun shells use wads to separate the powder charge from the shot, and other wads to
keep the shot from falling out of the cartridge. When a shotgun is fired within a distance of
ten feet, the wads will almost always be found buried deeply in the tissues of the body.
When the shotgun is fired outdoors, the wads will travel up to 40 to 50 feet. Wads are
important as they often have printed upon them the make of the shell, the size of the shot,
and type of powder.

The apparent cause of death is often misleading. The investigator should be very careful
when determining whether a fatal gunshot wound was accidental, suicidal or homicidal.
Frequently, suicidal deaths are cunningly planned to appear as due accident or murder for
the purpose of insurance claim. Nor is it always safe to assume that what appears to be a
suicide may not be a death due to natural causes.

The investigator is sometimes confused at finding a body which apparently a suicide from a
bullet wound, where only one bullet has entered the body. However, examination of the
gun and surroundings indicated that several shots were fired. The extra shots may be due
to what is called as hesitation shots. The victim, when he points the gun at his head,
subconsciously pulls away from it at the moment of discharge thereby the bullet misses
him completely. This may be repeated several times before he finally fired the gun directly
upon himself. Evidence of hesitation is found in some other forms of suicide such as the
hesitation marks found on the neck of a person who has cut his throat.

Death Due to Cut and Stab Wounds

Several questions immediately present to the investigator in homicide cases where death
has apparently been due to stabbing or cutting wounds. Some questions can be answered
by him and others by the medico-legal officer.

- Were the wounds made by a knife or some other force?

- Where and in what manner were the knife wounds administered?
- Was the victim attacked from the front or rear?
- Did the victim put up any defense?
- How long did he live after receiving the wounds?
- What sort of a knife or cutting edge that inflicted the wounds? The type of wound
made by a knife-thrust will depend upon three general factors:

- Characteristics of the knife: its shape, sharpness of point, keenness of the edge,
whether single or double edged.
- Manner in which it is thrust into the body.
- Location of wound in the body.

A knife is seldomly thrust directly at a right angle into the body and pulled straight out
again, so that practically every stab wound is a combination of stabbing and cutting.
Consequently, at the point of entry the wound will usually be larger than the width of the
knife.

The elasticity and amount of stretch of the skin depends upon its location on the body.
Areas where elastic fibers are parallel are known as cleavage planes. Consequently, a knife
which is forced through the skin parallel to the cleavage planes and then withdrawn, will
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 leave a wound which is closed, or nearly so, white if it is thrust actress the cleavage planes,
it will leave a wide gaping wound.

In considering deaths from stabbing and cutting wounds, it is well to remember that death
is seldom accidental, but almost always homicidal or suicidal. Homicide is usually
accomplished by stabbing, although there may be cutting in the process. If the victim tried
to defend himself, there will be wounds on the hands and forearms, and blood stains
scattered over a considerable area.

The most common method suicide is cutting the throat with a knife, razor or any other
sharp edge instrument. Depending on which hand is used, the incision usually starts
below the ear and goes under chin to the other side. Sometimes the wound at the point of
origin may show one or more superficial cuts. These are called as hesitation marks and
are simply an indication that the victim first tried out the edge of the sharp instrument on
his skin before he got up his nerve to make the fatal cut.

Before the body is allowed to be moved, written notes, photographs and sketch should be
made of the following:

- Exact location of the body with relation to other physical objects.

- Clothing condition on the body, whether torn. burtons missing, etc.
- Position of the hands, whether or not holding knives or other objects.
- General characteristics of the wounds, particularly:
- Location on the body.
- Description of the wounds whether cutting or stabbing or both.
- Presence or absence of defense wounds.
- Extent of bleeding
- Condition of the blood.
- Condition on the undersurfaces of the body.

Deaths Due to Asphyxia

Asphyxia is a state of collapse due to a deficiency of oxygen supply in the tissues and
particularly the brain. Anything that prevents the red blood cell from taking on its supply of
oxygen to carry to the tissues of the living body will bring about a state of asphyxia.

The interruption in the transportation of oxygen from the air in the lungs to the tissues may be
caused in many ways, such as:

- A foreign body lodged in the windpipe. This situation is commonly accidental. However,
compression of the windpipe by strangulation or hanging may be due to suicide or
homicide.

- Disease. Tumors or thyroid gland of sufficient size to block the passage of air to the lungs.

- Smothering. Smothering occurs when something prevents air from entering the nose or
mouth. This may happen accidentally as when a person becomes buried in a grain bit or
a gravel pit. Death by smothering is a common diagnosis applied to a situation when an
infant or small child is found dead in its crib. However, smothering is a frequent form of
homicide and is a particularly common form of infanticide.

- Hanging. Death by handing is usually suicidal, but it sometimes accidental. A person may
be killed in some manner and the body then hanged to make it appear like a suicide. It is
not necessary for the body to be entirely suspended for death from hanging to take place.
CRISMARK NALING MARIANO
12
 Any position in which enough weight will be employed to tighten the noose will cause
death. Characteristics of hanging:

- Deep groove in the neck made by a small rope or constricting material. High up on
the neck just under the jaw bone and running across the front of neck in a diagonal
direction.
- Small black and blue marks along the edges of the groove due to rapture of small
blood vessels in the skin, indicative the victim was alive at the time of hanging.
- The victim often expel urine and feces.
- If the body has been suspended for several hours, postmortem lividity will be
marked in the arms and legs and the head.

- Strangulation. When a person has been strangled by means of a rope, wire, necktie or
similar objects, the mechanism of death is the same as hanging. If hands were used,
groove marks will be made by the fingers and often remain after death. Pattern of the
finger marks will indicate whether the attack was from in front or behind. Generally, one
hand clutches the victim’s throat if attacked from in front. Generally, both hands are
employed, if attacked from behind, with the tips of the fingers coming across the windpipe
in front.

- Chemicals. Some of the common chemicals which are extremely irritating to the nose,
throat and air passages are ammonia, chloroform and Sulphur dioxide. If fumes is
inhaled in high concentration, there will be paralysis of respiration and death will result.
This commonly happens when a cloth is saturated with chloroform and held over a
person's nose and mouth. The fumes are so intense that he is unable to breathe. The
victim loses consciousness and dies quickly from asphyxia.

Deaths Due to Drowning

The mechanism of death due to drowning is from asphyxia. There are certain
characteristics in drowning deaths which merit special consideration for the investigator.

Deaths due to drowning are usually accidental brought about when the person is suffering from
severe fright and struggles violently. During the struggle, a certain amount of water is drawn
into the throat and windpipe and even into the lungs which stimulates chocking. The irritation
to the mucous membranes lining the air passages causes the production of a large amount of
mucus (a tenacious, colorless and sticky matter) in the throat and windpipe. When mucus is
mixed with water, the violent breathing efforts cause the production of a sticky, lathery foam.
Then, death results from asphyxia.

The external characteristics indicative of drowning are:

- White foam extruding from the nose and mouth.

- Objects clutched in the hand like grass, mud, etc.
- Fingernail marks in the palms of the hands.
- Pale appearance of the body.
- Postmortem lividity is most marked in the head and neck.
- The mouth is usually open.

Deaths Due to Burning

When the remains of a body are found at the scene of a fire, the investigator is faced with
several questions. The answers to the questions will require a close coordination with the
medico-legal officer.

- Are the
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 - Was the victim male or female?
- What was the height and approximate age of the victim?
- Who was the deceased?
- Was the victim alive or dead at the time the fire started?
- Did an assault precede the burning?

Generally, there will be enough left of the bones of the head and the teeth to identify the body as
that of a human being. The medico-legal officer or a pathologist can readily distinguish bones of
human origin from the bones of other animals.

When a body is completely destroyed by burning, the organs which are usually last to be
consumed are the uterus in the female and the prostate in the male. Even if the soft tissues are
entirely gone the bones of the pelvis and the thigh have certain characteristics of formation
which make it possible determine the sex of the body.

When the body is completely destroyed to prevent an accurate measurement of the height of the
victim, a fair approximation can be obtained by the measurement of the thigh and arm bones.
Likewise, it is possible to get an age approximation from examination of the teeth and bones.

Identification of burned body may be done through examination of bones for signs of healed
fractures or scars. Items like jewelries and dental repairs may also be of help. The teeth give
evidence as to the age, facial characteristics, economic status and sometimes the occupation of
the victim. Frequently, positive identification is possible through dental examination.

An expert can solve the question whether the victim was alive or dead at the time the fire
started. If the victim was alive and breathing at the time the fire started, smoke will have been
inhaled, and small carbon granules will be found deposited in the bronchial passages and other
air spaces of the lungs. Also, there be certain amount of carbon monoxide present in the blood
or other tissues.

To determine whether an assault preceded the burning, an examination of some portions of the
body may give the answers:

 If certain areas of the body is subjected to intense heat, with little or no actual contact
with the flame, the skin may be split similar to that of a knife wound, but no sign of
bleeding which indicates that death has already taken place.
 If there was a previous blow on the head, the skull will show fracture broken inwards,
indicating a direct blow on the outer surface of the skull.
 If the victim was stabbed or shot, a careful examination of the inside cavities of the chest
and abdomen will show evidence of knife or bullet wounds.
 If the body has not been actually consumed by fire, there may be blisters on the skin
which may help to determine whether they were made before or after death took place. A
zone of redness around the margin of the blister with a light straw-colored serum content
will indicate the victim was alive at the time the blister was formed.
 If the victim suffered direct violence to the soft of his body while still alive, examination of
the lung tissues will show fat globules.

Death Due to Poisoning

Poison is a substance which, when introduced into the body in small quantities, causes a
harmful

of deadly effect.

Poisoning is one of the most ancient forms of murder. In cases of poisoning it is very important
toCRISMARK NALING MARIANO
have an accurate history of the events preceding death. The manner of death and the type of
14
illness preceding it frequently give valuable clues to whether or not death was due to poisoning,
and if so, what type of poisoning caused it.

The investigator must always bear in mind the possibility that poisoning will often arise in the
investigation of homicides that apparently are due to other causes. Suicide or murder may be
attempted by means of poison, and failing in this, some other means may be used to accomplish
their destruction.

To facilitate the investigation of any poisoning case, the investigator should have a knowledge of
the characteristics of the different poisonous substances. Poisons are classified into six main
groups according to their chemical characteristics:

 Gases

 Carbon Monoxide (CO)

 Carbon Dioxide (C02)
 Ammonia (NH3)
 Sulphur Dioxide (S02)
 Hydrocyanic Acid (HCN)
 Nitric Oxide (NO)
 Nitrogen Dioxide (N02 and N2O4)
 Mustard Gas
 Chlorine

 Anesthetics

 Chloroform
 Ether
 Ethyl Chloride
 Nitrous Oxide
 Ethylene
 Cyclopropane
 Avertin
 Sodium Penthothal

 Corrosives

 Strong Mineral Acids

 Nitric Acid
 Hydrochloric Acid
 Sulphuric Acid
 Oxalic Acid
 Carbolic Acid
 Other Phenol Derivatives

 Strong Alkalis

 Lye
 Sodium hydroxide
 Caustic Potash
 Household Ammonia

 Metallic Poisons
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  Arsenic
 Mercury
 Lxad
 Antimony
 Phosphorus
 Bismuth
 Thallium
 Chromium
 Copper

 Organic Poisons

 Alkaloids

 Strychnine
 Nicotine
 Belladonna Group
 Hyoscine
 Scopolamine
 Opium Derivatives
 Morphine
 Heroin
 Codeine
 Aconite
 Marihuana

 Non-Alkaloids

 Chloral Hydrate
 Barbituric Acid Group

 Barbital
 Nembutal
 Amytal
 Ipral
 Phenobarbital
 Seconal

 Paraldehyde
 Alcohol
 Carbon Tetrachloride

 Food Poisons

 Due to Spoiled or Contaminated Food

 Botulinus Poisoning
 Ptomaine Poisoning

 Unclassified Poisons
 Sodium Fluoride
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 External Appearance After Death
Appearance Poisons
Livid cherry red color of large area Carbon monoxide, cyanide
Face and neck very dark Strychnine, Hypnotics, Aniline, Nitrobenzene
Pupils contracted Opiates
Pupils dilated Atropine, Hyoscine (scopolamine)
Emaciation Metals
Burns about mouth and nose Strong mineral acids, strong alkalis
Characteristic odors Phenols – Carbolic acid;
Peach pits – Cyanide
Garlic – Oxalic acid, phosphorus

Symptoms Preceding Death

Convulsions Strychnine, Nicotine
Delirium Atropine, Hyoscine (scopolamine)
Extreme drowsiness Opiates, Hypnotics
Long delayed death Metals
Abdominal pain Metals, Food poisoning, DDT
Diarrhea Metals, Food poisoning
Vomiting Metals, Food poisoning, DDT
Burning of mouth and throat Corrocives, Mercury, Arsenic

Selection of Material for Toxicological Analysis

Feces In separate jars.
Vomitus Entire in jar.
Stomach Entire stomach and contents in pint jar.
Intestine Contents only in pint jar.
Urine Contents of bladder in pint jar.
Liver In quart jar.
Kidneys Both kidneys in pint jar.
Heart In pint jar.
Brain In quart jar.
Blood Pint or quart jar.
Bone Portions of ribs or portions of exposed section of spinal column.
Hair Considerable quantity from back of head, also toe nails.
Lungs One in quart jar.

IV.COMPREHENSION CHECK-UP:
1. When was dying declaration become admissible in court as evidence?
2. Discuss the different factors to estimate the time of death of a cadaver.
3. Give some indications that a victim was death due to drowning.
4. What is the circumstances for a homicide case to qualify as to murder?
5. What field of science handled cases involving poisoning?
6.

I.OBJECTIVE: The Students will be able to;

 Define what is Arson.
 Identify the common motives in the commission of Arson.
 Understand the concept of fire technology.
 Determine the procedure in Arson investigation.
 Understand if the burning is malicious or it is accidental only.
 Identify
CRISMARK what is
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II.TIME FRAME:
Week 10- October 22, 2020
3 hours

III.TOPIC:
LESSON 7

INVESTIGATION OF ARSON

Definition

Articles 320 to 326 of the Revised Penal Code list the circumstances that arson may be
committed and prescribe the corresponding penalties. Presidential Decree No. 1613 amended
the Law of Arson.

Art. 326-B of the Revised Penal code provides the circumstances to constitute as prima facie
evidence of arson:

 If after the fire, are found materials or substances soaked in gasoline, kerosene,
petroleum, or other inflammables, or any mechanical, electrical chemical or traces or any
of the foregoing.
 That substantial amount of inflammable substance or materials were stored within the
building not necessary in the course of the defendant's business; and
 That the fire started simultaneously in more than one part of the building or locale under
circumstances that cannot normally be due to accidental or unintentional causes:
Provided, however, that at least one of the following is present in any of the three above-
mentioned circumstances;
 That the total insurance carried on the building and/or goods is more than 80
percent of the value of such building and/or goods at the time of the fire;
 That the defendant after the fire has presented a fraudulent claim for loss.

The Crime of Arson

Arson may be generally described as an act of willfully and maliciously damaging or destroying
a building or other property by fire or explosion. Arson includes burning one's own property to
collect insurance payments on it. In some cases, arson is committed for revenge against a
building owner or occupant.

Other fires are set to destroy evidence of another crime, such as murder or robbery. Still other
arson cases result from vandalism or pyromania, an uncontrollable urge to set fifes.

Arson is difficult to prove in most cases because fire can destroy almost all evidence of the
crime. Also, police departments lack enough trained arson investigators.

Insurance companies have become increasingly unwillingly to pay for losses resulting from fire
unless a thorough investigation has been made. Many fire departments have called for the
adoption of stronger laws against arson.

Arson is a crime punishable under the Revised Penal Code. It is murder when death occurs as a
result of arson. In the prosecution for death by arson, as in all criminal cases, it is incumbent
upon the prosecution to prove the "corpus delicti." Many people think that corpus delicti is the
body of a victim only. It is, but it is much more.

CRISMARK NALING MARIANO

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Corpus delicti is the body of evidence in any crime. Thus, there are many references to corpus
delicti even when no human victim is involved. Any of the evidence in a crime is a portion of the
corpus delicti. In a crime of arson, the corpus delicti must show:
- That there was a fire (must be of scorching intensity, at least).
- That the fire was of human origin and caused by incendiary means.

The investigation of arson requires that both the police and fire services work closely together.
The
role of each of these agencies must be clearly defined so that there will be a minimal amount of
duplicated effort. Each agency must be aware of the other agency's responsibilities in arson
control. Should either agency fail to recognize the responsibilities of the other, inadequate and
overlapping investigations could result.

Elements of Fire
The investigator should be reasonably familiar with the principles of fuels and fire before he
attempts to investigate any arson or arson-related crimes. The basic elements for starting a fire
are fuel, oxygen, and heat.
Fuel usually comes in one of three physical states and must be combustible:
 Solid, such as wood, paper, or coal.
 Liquid, such as gasoline, alcohol, or oil.
 Gas, such as natural gas, acetylene, or hydrogen.

Oxygen makes up about 20 to 25 percent of normal air which is necessary for starting a fire.
For this reason, air often replaces oxygen in the ignition of fire. When the oxygen content level
falls to about 15 percent, the fire will diminish and eventually cease. When more oxygen is
added to the fire it will cause the fire to burn faster, hotter, and consume more area.

Heat comes in the form of energy which is caused by the rapid movement of the molecules of a
substance. Quantity of heat is measured in British Thermal Units (BTU) and intensity in degrees
Fahrenheit.

Points to Consider in Arson Investigation.

 Both the fireman and the police officer assigned to arson investigation will be involved in
the first stages of investigation, at which time the investigator should note the source of
the alarm and, if possible, the person responsible for it.
 There has been an indefinite procedure as to responsibility, participation, duty and action
by fire and police personnel in arson cases.
 Yet it has been established in most instances that proof of arson depends greatly on
circumstantial and indirect evidence.
 This means only one thing. The gathering and compiling of this evidence must start when
the first fire and police officers arrive at the fire scene.
 Thus, the responsibility of the fire fighters and police officers at any fire is arson detection
rather than arson investigation.
 Any one of six items listed under the topic, "Determining the Cause", can readily indicate
an arson case.
 Therefore, the fire and police officers can become proficient in observing conditions during
the fire by making mental notes which later be used to Yet it has been established in most
instances that proof of arson depends greatly on circumstantial and indirect evidence
determine a case of arson.
 Subsequently, additional factors can be supplemented to the original list of six:
 Doors and windows.
 How was the entry made into the building to fight the fire?
 Ascertain whether the doors and windows are locked.
 If they were forced open, note by whom.
CRISMARK NALING MARIANO
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 The fact that doors and windows were unlocked may have some bearing on the
investigation.
 Broken doors, windows, or locks or signs of forcible entry on jambs.
 Robbery is sometimes followed by arson to cover up the crime.
 Determine whether the fire originated on the inside or outside the building.
 Examine garage and other adjacent buildings to determine whether they contain any
articles which might ordinarily be expected to be found in the burned premises.
 Unusual or suspicious circumstances:
 Persons on foot or in vehicles hurrying away from the fire scene.
 Persons displaying unusual interest in the operation of the apparatus or behaving
peculiarly in any way at or near the scene of the fire.
 Familiar faces appearing at different fires, having in mind the possibility of
pyromaniacs or professional fire-setters.
 Undue nervousness, willingness to help extinguish the fire, talkativeness about
the fire, are some details which may later fit into the picture.
 Similarity in origin and time with other fires.
 If the origin of a night fire in a place of business is questionable, the owner should
be interviewed in person. At the same time, determine whether the owner's vehicle
has been driven recently. Similar efforts are sometimes made in connection with
dwelling fires which occur when the owners are away from home.
 Familiar car observed at several fires.
 Record license number, color and type of such car:
 Unusual situations in buildings.
 Open fire doors, inoperative sprinklers, recently nude holes in walls and floors, flammable
liquid containers, unnatural residue from wax or paraffin, etc.
 Unnatural burning and char of wood.

 Application of flammable liquids causes deeper and unnatural burning patterns as

compared with normal burning from the heat of the fire.
 When the burning on the floor indicates flammable liquid or some similar substance
 has been applied, floorboards should be taken up to determine whether flammable liquid
has seeped down between the cracks of the floor.

 Oil soaked rags, beddings, clothing, etc.

 Oil add intensity to the fire and is apparently due to unnatural burning.
 Careful examination should be made of the racks of clothing, upholstered furniture,
rugs on the floor, books, and other articles for evidence of gasoline or whatever
substance may have been used.

 Heating Equipment.
 This is sometimes used as cover up in an arson case.
 An overheated appliance may be used as the reason for the fire, when it can be
shown that the appliance was not in use at that time.

 Tracks, footprints and fingerprints.

 Casts of automobile tire tracks be used to provide evidence that a certain car was at
the scene.
 The same procedure may be applied to footprints and used for comparison with
those of a suspect.
 Fingerprints found on glass, furniture, tools, woodwork, etc., are damaging evidence
in an arson case.

 Flammable liquid containers.

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  When found at the scene, they be helpful in the investigation and should be
salvaged for fingerprints.

 Unusual residue of wax, paraffin, chemicals. acids, etc.

 Candles and similar materials are often used to ignite trailers to form a path for the
fire.
 Peculiar or unusual burns may indicate something other than ordinary in the
course of the fire.

 Mechanical, electrical or chemical timing devices.

 Many ingenious types of devices have been used by arsonists to start fires.
 It is well to be on the lookout for unusual apparatus of this type.
 Electrical appliances such as heaters, soldering irons, light bulbs, irons, etc. have
been used as a source of ignition.
 Overloaded electrical circuits are also used to induce burning.
 Note any unusual arrangement of furniture and look carefully for plants, trailers,
electrical apparatus, etc.

 Open or disconnected fuel lines to stoves or heating equipment.

 Subsequent explosions resulting from this practice may be used to cover up a
crime, either by the force of blast or the resulting fire.

 Removal of valuable and personal articles prior to the fire.

 In many cases arsonists have resorted to this practice. Sentiment or commercial
value may be the reason for their removal.
 Determine whether the usual articles of wearing apparel are on the premises; how
the persons involved in the fire are dressed; and whether silverware, wedding presents,
family pictures, and trophies of all kinds are in their accustomed places.
 Analysis should be made to show that such as furs, diamonds, shoes, or articles
containing metal falsely claimed to have been in the fire were not present.

 Insurance policies.

 Determine where insurance policies are located, when they were obtained, and how
much insurance is carried.
 Determine financial condition of the insured like debts, overdue bills, dunning
letters, unpaid taxes, or threatened foreclosures.

 Previous fire records.

 Ascertain the previous fire record of the occupants and their relatives.
 Whether occupants have any enemies should be ascertained.
 Check on telephone records for toll calls.
 Learn the history of the ownership of the premises, and the movements of all
interested parties for some time prior to the fire.
 Determine for recent visitors to the premises and recent visits of the occupants to
other places.
 Any unusual activities observed around the premises should be investigated
thoroughly.

Arson Investigation Checklist.

 Multiple fires
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  Separate fires burning in different places at the same time with not evident source
of spontaneous combustion.

 Odors.

 The smell of gasoline, kerosene, sulphur, ammonia, turpentine, paint thinners,

lacquer, linseed oil, etc., are distinct and recognizable.

 Size and growth of fire.

 After the fire broke out, how fast did it move, how large did it grow, and in what
time span?

 Holes in plaster walls and floors.

 Arsonists may make holes to expose raw wood and cause a fire to spread rapidly.

 Evidence of tampering with alarm and protection equipment.

 Jamming and timing devices may have been used to bypass the alarm system.
 Flammable liquids. candles, and "trailers" between fires should be noted.

 Indications of tampering with doors and windows.

 Broken windows, pry marks, or other signs of forcible entry on any door or window
should be noted and photographed.
 These are indicators that a robbery may be have been committed and the fire set as
a cover up.

 Color of smoke and flames.

 (See description in topic "Signs of Incendiary Fires")

 Be on the lookout for the following:

 Familiar faces (those observed at other fires).

 Mentally deranged persons.
 Persons showing an undue interest in the fire.
 Overly helpful or solicitous persons.
 Person who discovered the fire and seeks credit as the "hero".
 Suspects - evidence of accelerant materials on their hands and clothing.
 Type of merchandise and how much was in the store at the time of the fire.
 Unusual circumstances such as removal of furniture, paintings, computers,
clothing, or items of sentimental value (diplomas, birth and marriage certificates, etc.).
 Tracks, footprints, fingerprints, or other physical evidence that appears to be
foreign to the scene.
 Receptacles (cans, jars, etc.) containing residue of accelerants,
 Timing devices or parts thereof.
 Residues of wax or paraffin. Wax from burned candles will often seep into the floor
through the pores. If found this, may also indicate the starting place of the fire.

Records and Observation

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  Memory should never be trusted to make accurate statements of fact, conditions or
situation.
 A suitable notebook should be used to record the significant items concerned with
the case.
 Such notes can be used to prepare a permanent record for the department if
desired.
 The notebook can also be used in court to refresh memories or restate observations
or facts.
 Sometimes arson cases are delayed by court procedures, which makes it imperative
that such records and notes be available to answer questions.
 A fire fighter or a police officer is the most important witness in an arson trial.
 The manner in which he introduces facts and gives a clear verbal picture of the
circumstances will help make a good impression from the witness stand.
 Some items to be observed and recorded in the notebook are:

 Date (day, month, year).

 Time of alaram.
 Time of arrival at fire scene.
 Address of fire location.
 Description of building.
 Description of fire.
 Unusual conditions or circumstances.
 Location and description of clues and evidence.
 Names of owners or occupants contacted on premises and brief notes of
conversation.
 Names and address of witnesses or persons questioned and notes relative to
remarks.
 Sketches or floor plans to supplement descriptions.
 Location and condition of doors and windows upon entry.
 Insurance data (company, agent, amount).

Determining Motive.
 The successful prosecution of an arson case depends upon close collaboration between
the prosecutor and the investigator.
 Although the circumstances may be definitely suspicious, the investigator must eliminate
every possibility of natural or accidental causes before he can build a hypothesis of arson.
 The important question of motive must carefully have considered from the very beginning.
 It is quite possible that questioning may point toward an innocent person who is merely
involved in an accidental fire.
 The utmost skill of the investigator is needed to collect information speedily and discreetly
and check oral testimony with the findings of the technical investigation without damage
to the reputations of the persons involved.
 Establishment of a motive greatly strengthens other evidence.
 Facts may be presented to show the financial straits of the suspect.
 Motive may be suggested by proving the existence of a desire to move or to break a lease
on
the pall of the person who had the fire.
 To achieve success in the investigation of arson, the investigator must have a clear
understanding of the motives which inspire its commission.
 It is most important for the investigator to ascertain the motive on the part of the suspect,
but the establishment of the motive is not absolutely necessary for the prosecution.
 However, it often serves as a guide to the guilty person.
 The usual
CRISMARK andMARIANO
NALING underlying motives in arson cases are:
23
  Defraud insurance company.
 Concealment of crime.
 Destruction of evidence, records, other objects.
 Business rivalry or competition.
 Revenge, spite, grudge, jealousy.
 Intimidation, extortion.
 Sabotage
 Diversionary tactic.
 Pyromania
 Secure work contract.
 Landlord-Tenant feuds.
 Hero-complex
 Vandalism

Insurance Fraud.
 The insurance angle of arson cases is most important and should be carefully
investigated.
 It goes without saying that the financial status of the suspect, as well as the dates of any
embarrassing payments due about the time of the fire, should be ascertained.
 The intent to defraud the insurer may not always be manifested by the increasing of the
insurance just before the commission of the crime.
 Cases are known where the insurance was reduced to some extent before the setting of
the fire in order to avoid suspicion.
 The motive to defraud insurance companies may be inspired by any of the following
reasons:

 To liquidate a business enterprise.

 To dispose of obsolete merchandise.
 To avoid bankruptcy or financial failure in business.
 To destroy manufactured articles that are non-salable because of cancellation of
orders or because of defects in the product.
 To destroy non-salable merchandise which is out of style because of changes in
fashions.
 To avoid complying with building and health laws which would necessitate making
structural changes, etc., entailing considerable expenditure in money.
 To destroy old or obsolete machinery or fixtures because it would be too expensive
to repair or improve them and maintenance costs are too high.
 To avoid the cost of moving merchandise from one locality to another.
 To dispose of an unprofitable or worthless building.
 To quickly acquire cash to meet obligations.
 Because of failure to meet date of delivery of goods contracted for, particularly
where there is a penalty for non-delivery on a stipulated date.
 To cancel a lease on property.

 Arson fires that are indirectly due to trade conditions are commonly referred to as trade or
business fires.
 A change in the fashion of wearing apparel finds the merchant over-stocked. A financial
loss confronts him.
 If unscrupulous, the merchant may resort to arson and sell his unwanted goods to the
fire insurance company.
 He may also surreptitiously remove the most valuable goods from the premises on a
bogus sale or shipment, leaving the unwanted goods to be damaged or destroyed by the
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  The unsuccessful or fraudulent merchant sometimes employs a professional arsonist to
apply the torch.
 In order to avoid having what is known as a fire record he may arrange to have the fire
started on the floor above his own, where another business is conducted, so that he will
sustain a water loss and insurance therefore.

Concealment of Crime.
 Arson is sometimes employed to conceal a previously committed crime.
 A murderer will set fire to a building to destroy all traces of the homicide, and make it
appear that the victim perished in the fire accidentally.
 Arson has also been committed to cover a robbery, and therefore all locks should be
carefully inspected. These will not have been destroyed by the fire.

Destruction of Evidence, Records, or other Objects.

 The fraudulent businessman will plan the setting of a fire to destroy his account books,
etc., when he is expecting a check-up from income tax authorities or for some other
reason wishes his records destroyed.
 In such cases the account books are very often opened at the which the businessman
wants destroyed, as it is well known that it is almost impossible to burn a thick account
book if it is closed.
 Hence, if the account books are found opened at an incriminating place, there is reason to
suspect arson and a thorough investigation should be conducted.

Business Rivalry or Competition.

 Arson may also be committed in cases of trade rivalry, one competitor burning out
another in order to get his business.

Revenge, Spite, Grudge or Jealousy.

 Disgruntled employee who was recently fired; a person who wants to even a score; a
jealous spouse or lover, or a person out of spite may resort to arson .

Intimidation and Extortion.

 Another motive for arson may be intimidation.

 For instance, the fire may be set to intimidate a witness in a civil or criminal case.
 Fires of this type are usually set at the entrance door of the intended victim.
 Racketeers may resort to the torch in their extortion rackets when they want to intimidate
contractors or other firms or individuals in various building or other trades and thus force
the victims to meet their illegal demands.

Sabotage.

 To cripple machinery, slow down work, destroy finished products, or disable a plant.
 The word originated in the 1800’s when French workers would throw their sabots (wooden
shoes) into machines to halt production.

Diversionary Tactic.

 The arsonist sometimes will device ways and means to distract the attention of law
enforcement officers from the actual commission of a crime.

Pyromania.

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  Mental illness in which fires are repeatedly deliberately set, without anger and not for
monetary gain or other benefit, because the individual cannot resist the impulse to set
fires.
 The individual experiences tension before setting the fire and pleasure, relief, or erotic
gratification after setting the fire.
 The pyromaniac is legally considered an arsonist.
 Pyromaniacs are often found among the first onlookers at a fire or at least in the
neighborhood
 It is not uncommon for such persons to be members or patrons of the local fire
association.
 The pyromaniac commits arson for no reason other than the abnormal impulse which
urges him on.
 In nearly every instance he will state that he did it to get a thrill, to create excitement.
 Wherever a series of fires of mysterious origin occur under similar circumstances in any
particular district, in unoccupied or isolated buildings or in a particular part of a
building, such as cellars, storage rooms, hallways, etc., it is safe to conclude that a
pyromaniac is operating.
 The alcoholic pyromaniac usually operates at night and frequently wanders a
considerable distance from his home or place of employment to apply the torch.
 Pyromaniacs, by turning in alarms and aiding firemen or helping persons from the
building they have set afire, often avert suspicion from themselves.
 The pyromaniac is the most difficult arsonist to detect because of the lack of motive.
 Pyromania may be due to a special psychopathological condition or can be attributed to
other sources, generally of a sexual nature.
 Pyromaniacs often are found to be mentally defectives boys and girls of youthful ages, as
well as half-witted tramps, farmhands, maid servants, alcoholics, etc.
 Outstanding characteristics are that they always work alone and are usually of the non-
sociable type.
 Several cases have also been noted in which fires have been set by hysterical, pregnant,
or menstruating women or by women whose minds are affected by menopause.

Secure Work Contract.

 Persons may resort to arson in order to secure a security or building-wrecking contract.

Landlord-Tenant Feuds.

 Arson may be resorted to in order to terminate lease contract.

Hero-Complex.

 Person who discovered the fire and seeks credit as the "hero.”
 Vanity sometimes plays a part as a motive for arson. There are cases on record where a
proud member of a voluntary fire brigade has set fires in order to be able to wear his
uniform and operate as a fireman.

Vandalism.

 During demonstrations, riots and other civil disturbances, fires are set on by participants
as a result of the “mob mentality.”
 During the disturbance, looters will set fires to divert the attention of the police.

Determining the Cause of Fire

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  There are several factors which can be observed when arriving at the scene of a fire which
will facilitate efforts to determine the cause:

 The color of smoke and flame.

 Burning substances can often be identified by the color emitted during the
burning process.

 The Odors connected with that particular fire.

 Gasoline, alcohol, insulation, chemicals, solvents, etc., have distinct odors

which can be recognized.

 Size, intensity and spread.

 The unusual size of the fire in a short period of time may indicate artificial
acceleration.
 The intensity may indicate added fuels or compounds.
 Rapid spread may indicate abnormal means of travel.

 Methods of extinguishment.

 Unusual difficulties encountered in extinguishing the fire with normal agents.

 One or more fires involved.

 This may be due to natural spread by radiation, conduction, convection, vertical

openings, or unnatural spread employed to hasten destruction of the building.

 Evidence indicating actual cause of fire.

 In many instances. not enough effort is made to determine the real cause of the fire.
This may be true for several reasons.
 Lack of interest, lack of time to devote to investigation, and insufficient knowledge
of fire causes are only a few of the reasons.
 Fires are assumed to be accidental until proven otherwise.
 But this should not deter any efforts to look for unnatural things which would
indicate or arouse suspicion as to the true cause of the fire.
 Thus, two important possibilities must be considered:

 If the fire resulted from natural causes, what indications and proof are available
to substantiate establishment of the cause.
 It remains only the duty of those nuking the investigation to determine and
place the responsibility for the accidental fire from the evidence and facts
produced.

 When no logical explanation or physical evidence can be produced to indicate that

the fire was of accidental origin.
 The investigation must first establish the fact that the fire could not have been due
to accidental or natural causes.
 Further investigation then becomes necessary to additional facts in order to
determine and place the responsibility for the fire.

Signs of Incendiary Fires

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  Fires started by incendiary means will leave telltale signs:

 If two or three separate fires erupt in an area or building almost simultaneously

without the presence of elements for spontaneous combustion, that is considered
positive indication of an incendiary source.
 The color of smoke, in the early stages of a fire, can give some indication of the type
of fuel involved:

 White smoke usually involves hay, wheat, dried brush or other vegetable
matter.
 Black smoke usually involves petroleum, tar, coal, gasoline, or rubber.
 Yellow/brownish-yellow smoke, usually involves some sort of chemical agent
such as films, nitric acid. smokeless gun powder, sulphur and the like to
disguise the origin of the fire.
 Once a building is completely ablaze the materials that first fueled the fire are
difficult to determine by the smoke.
 If the fire is observed in its early stages the color of flame can help determine
the accelerator:

 Blue Flame usually indicates alcohol in a small portion.

 Orange Flame, usually indicates a large amount of alcohol has been
used.

 Flammable Substances.

 Gasoline, kerosene and alcohol can be identified by their telltale odor.

 The arsonist uses these materials because of the certainty that
when they are ignited, a fire will result.
 The arsonist also feels that because of the magnitude of the fire
they create, the evidence will be destroyed.
 When a fire is started with one of these substances, there is a
lingering odor which can be detected after the fire has been
extinguished.

 Any time such an odor can be detected, the fire should be investigated
as possible arson.
 Check should be made with persons who might have seen the fire start
to determine how fast the fire spread.
 A gasoline fire will move quite rapidly and sometimes not in the direction
that it would be expected to go.

 Heat Intensity and Extinguishment Difficulty.

 When a tremendous of heat resulted, a strong possibility exists that the

fire may have been started by a flammable liquid.
 If the firemen encountered flashbacks while using water and the
intensity and the color of the fire increased when water was applied,
further investigation is warranted.

 Point of Origin of Fire.

 The spot where the fire originated is known as the point of ignition.
 Regardless of the statements of witnesses, the point where the fire originated
must be determined from the examination of the premises as soon as possible.
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  Check the area where there appears to heavy deep charring (alligator-hide
effect) on the wood.
 Preserve the wood or other materials to determine what types of flammable
substances may have been used.
 The search for traces of flammable fluids may be facilitated by the use of a
highly sensitive vapor detector.

Accidental Causes of Fire.

 Lightning

 Lightning as a rule strikes high points and places connected with subsoil water.
 It may strike several places at the same time and pass from one object to another.
 Very often the sulphur-like odor of the ozone may be detected, and the lightning is
often accompanied by a sound of rustling.
 The traces are very characteristic, especially on metallic objects, which melt or
show beads of melted area or deformations.
 Iron objects may become magnetic as evinced by the compass.
 When there is a suspicion of arson, the lightning-rod should be examined carefully
for traces of lightning and as to the rod’s efficacy.

 Action of the Sun

 The rays of the sun concentrated in a lens or in a concave mirror may set fire to
inflammable material.
 Such lenses may be furnished by tumblers, glasses, or eyeglasses, as well as
certain mirrors displayed in store windows.
 When such a question arises, the sun’s position at the time of the fire, the focus of
the supposed lens, and the position of the inflammable material in relation to the
focus should be determined.
 The rays of the sun can be concentrated by such a lens for only a short time each
day and in certain latitudes only at certain times of the year.

 Sparks

 Sparks result not only from incendiary fires but can also come from flues, motor
vehicles, etc.
 If a fire is alleged to have been ignited by sparks, there must be a plausible relation
between the moment the spark was thrown and the moment the fire started.
 If sparks ignite a house, the roof must be of inflammable or there must have been
openings in the walls or in the roof.

 Explosions

 These may be caused by unstable explosives, fireworks, kerosene or gasoline lamps,

cooking gas, gasoline, alcohol, ether, acetylene, dust of flour, sugar, starch, coke,
wood, silicon, magnesium, and aluminum.
 Explosions may also occur as the result of leaking gas pipes or gas containers, from
the careless use of gasoline, or from fires originating from other causes in premises
where explosive materials are store.

 Animals

 All animals fear fire to such an extent that only by pure accident will they come
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it. Animals therefore rarely cause fire.
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  Sometimes a dog or a cat will accidentally upset a carelessly placed lamp or cooking
device.

 Spontaneous Combustion

 Several materials have the property of retaining and concentrating the oxygen of the
air on their surfaces.
 This phenomenon is followed by the generation of heat which, because of the
insufficient circulation of air, finally leads to spontaneous combustion.
 Coal dust, charcoal, flour, hay, grain, and other plant products; and vegetable oils
such as linseed soaked in porous materials such as cotton waste, paper, etc., are
especially susceptible to spontaneous combustion.

 Faulty Stoves

 Where the origin of the fire is supposed to have been in a faulty stove, the position
of the stove in relation to the wall, the kind of substructure upon which the stove
stands, leakages in the pipes, faults in the stove itself, and the position of
inflammable material in relation to the stove should be determined.
 In the case of gas stoves the working order of the pipes, the position of the jet, how
the burner functioned, whether the rubber hose was on, and whether there had
been any perceptible odor of gas before the fire should be ascertained.

 Short Circuits

 It has become almost a habit today to blame the electrical system of a house as
being the cause of fire when no other plausible explanation can be found.
 The electrical system, however, is seldom to blame, especially when the installation
is up to date and the fuses are working.
 Fires caused through an electrical system may be due to overloading (short circuit,
grounding, exaggerated consumption), faulty contacts (high resistance), sparks (by
short circuits, grounding or breaking of the current), carelessness in the handling
of electrical apparatus, or intentional acts.

 Miscellaneous Causes

 Carelessness in smoking.
 Careless handling of inflammable material
 Children playing with matches or fire.
 Leaking gas pipes.
 Forgetfulness in the use of electric irons, electric heating pads.
 Drying clothes too near a hot stove.
 Carelessness with firearms.
 Carelessness in the use of blowtorches.
 Friction caused by insufficient lubrication of machines, etc.
IV.COMPREHENSION CHECK-UP:
1. What is arson?
2. Who is in-charge in the investigation of arson?
3. Enumerate the elements of fire.
4. Enumerate the common causes of accidental fire.
5. Why arson is considered one of the most difficult crime to prosecute?
6.

I.OBJECTIVE: The students will be able to;

CRISMARK NALING
 Discussed theMARIANO
element of robbery.
30
  Identify the different types of robbery.
 Understand the legal procedure in the investigation of robbery.
 Identify the common evidence gathered to prosecute robbery.
 Discussed the element of kidnapping.
 Identify who is liable of kidnapping.
 Determine what is the purpose of kidnapping.
 Identify the modus operandi of kidnapping.

II.TIME FRAME:
Week 10- October 29, 2020
3 hours

III.TOPIC:
LESSON 8

INVESTIGATION OF ROBBERY
Definition

Article 293 of the Revised Penal Code defines robbery as: “Any person who, with intent to gain,
shall take by personal property belonging to another, by means of violence or intimidation of
any person, or using force upon anything shall be guilty of robbery.”

Elements of the crime of robbery:

 Intent to gain;
 Take property belonging to another;
 Use violence or intimidation on persons;
 Use force upon things

Articles 295 to 305 of the same Code list the circumstances that robbery is committed and
prescribe the corresponding penalties.

Robbery Investigation Outline

 Exact location, date and hour of offense. Names of all persons with victim, number of
robbers.
 Conditions - weather, light, houses. trees, and obstruction in vicinity.
 Description of perpetrators by all eyewitnesses. Get statements of each person out of the
presence of the others. Get all possible, details as to clothing, head coverings, masks,
description of characteristic actions, manner of speech, tone of voice, height, weight, color
of hair, scars, etc.
 What were victims doing when the robber first appeared?
 Exact words used by robber and victim .
 How many robbers participated, part taken by each? Were they on foot? If robbers used
automobiles, get description of car; color, make, type, number, distinguishing
characteristics.
 Examine roadway for tire tracks of car used,
 Weapons used ascertain whether victim is familiar with weapons of that type or drawing
on his imagination - manner weapons were hold and which hand was used.
 Were victims tied or gagged? Get accurate details, particularly manner of tying knots.
 Weapons found - where, when, in whose possession, how were they located, loaded or
unloaded when found?
 Stolen property - found by whom, when and where, how traced?
 Pay special
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attention to “modus operandi” (the mode of operation)
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Types or Robbery

Robbery is one of the leading forms of major crime that the police must deal with. There are
many types of robbery. Some require much planning on the part of the criminal. While
others, due to the protective measures installed, may require detailed survey of the premises
and neighborhood. This is done in order to determine the habits of the persons to be
attached, the most opportune time, and the traffic conditions and impediments in the area
of engagement. Likewise, the survey will help in the assessment of organization and
assignment of confederates to act definite parts. Depending on the nature of the target,
robbers operate in mobs of two to five. They may specialize in holding up certain classes of
persons, stores, or premises.

Bank Messengers Robbery

This type of robbery is usually the work of experienced criminals and seldom attempted
by amateurs. Sometimes they work in collusion with a dishonest employee who tips
them off with information as to movements of messengers, the procedure followed in
making deposits and withdrawing funds, and the methods of transportation. The robbery
is planned in advance. Each robber is drilled in the part he is to act. Vehicles are stolen
in advance, the number depending on the need for escape and transfer. License plates
are removed from the stolen vehicles and other plates which have been secured under a
fictitious name and address substituted for them. The vehicles are stored until the day of
the crime.

At the appropriate time before the messenger leaves, the robbers drive to a spot adjacent
to the bank. One remains at the wheel. Others act as look-outs to prevent interference
with the hold-up. The motor of the car is left running or, if stopped, is started up a few
minutes before the messenger is expected. The hold-up men trail the messenger from the
bank. If he is riding in a car, his car is forced to stop by an argument over some alleged
traffic offense or discourtesy in driving. The messenger off-guard, he is disarmed at gun
point and the money taken.

Another method is for the robbers to await the approach of the messenger in the hallway
of the place of delivery and there hold him up at gun point. This may be done without
the knowledge of elevator operators, as flight from the building is by stairway. At other
times the elevator operator is brought to the floor on which the hold-up is to occur,
compelled to remain there until the crime has been committed, and forced to take the
robbers to the main floor. Upon letting them out, he is forced to ascend immediately with
the elevator.

Banks Robbery

Bank robbers are professional criminals who organize carefully, plan with ingenuity,
attack boldly, and are equipped with sophisticated fire power. One of their early morning
methods is for a member of the mob - dressed as courier, messenger, or policeman – to
knock on the bank door and, under a subterfuge, to get the security guard to open it.
Upon doing so, he is confronted and subdued at gun point. As other employees and
officials arrive, the guard is compelled to open the door and admit them without giving
warning. The robbers take the employees and officials to a certain room until the one
who has the combination to the vault arrives. At gun point he forced to open the vault at
the regular time. With vault opened the money is put into bags and escape is made.
Officials and employees are covered in the get-away. In some instances, the robber
covering the get-away releases a tear-gas grenade to distract the victims’ attention from
alarm devices until the robbers are on their way.
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 Another method is for the robbers to drive up to the bank in a vehicle, leaving one robber
at the wheel with the motor running and another as a while the actual robbers enter.
Each takes up a definitely planned position. At a signal guns are displayed and
employees ordered to move away from alarm devices. Some of the robbers force their way
into the cages of the paying and receiving clerks or climb over the partitions. The
employees are forced at gun point to a certain location in the bank. Money is swiftly
gathered into bags, and one or two armed robbers cover the get-away.

Small banks not adequately protected with alarm system are sometimes entered at night
through an upper floor by forcing a door or window or from an adjoining building by rope
or ladder. When the security guard or watchman arrives on an upper floor, he is
overpowered and disarmed. If he is required to punch a time clock, the robbers compel
him to do so under their supervision. In the morning he is compelled to admit the
employees without warning. The robbers them follow the same procedure as described
above.

Armored Vehicles Robbery

The criminals who commit this type or robbery are thoroughly experienced. They go to
the greatest pains in preparing plans for its commission. They are known to use two or
more modes of transportation, to include motorcycles, cars, vans, speed-boats, and even
airplanes. As part of their strategy, they even use a hearse, a pushcart, and other types
of business vehicles. They disguise as peddlers, mechanics, street cleaners, construction
workers, policemen, etc. Armed with sophisticated fire-power to include tear gas, they
work rapidly and in precision. Sometimes they operate on tips furnished by dishonest
employees.

Their modus operandi may be one of the robbers, disguised as a pushcart peddler,
arrives at the premises from where money is to be collected and stops near the curb a
few minutes prior to the arrival of the armored vehicle. Others trail the armored vehicles
to this place. As one guard steps out of the vehicle and walks toward the premises, the
“peddler” pushes his cart to the side of the armored vehicles, the door of which is open.
A weapon is drawn from among vegetables and the driver is covered. Accomplices cover
the guard/s inside the vehicle and the guard who is about to enter the premises to make
collection. Other accomplices enter the armored vehicle and take the money. Then, all
escape, changing direction, and sometimes vehicles, on the way. Usually, vehicles used
are stolen ones.

Payrolls Robbery

The large payroll is usually taken from a plant or factory and entrusted for transport to
an officer or paymaster. This type of robbery is taken by criminals numbering from four
to six men. The small payroll may be entrusted to cashier who draws it from the bank.
The small payroll may be taken by a lone robber or robbers who operate in pairs.

In both cases, the robbers make a survey of the environs and plan in detail. Sometimes
they are supplied with information by a dishonest employee working in collusion with
them.

Where the cashier is armed and accompanied by guard/s, the robbers wait until he
returns to the plant. The robbers arrive in a car, usually stolen, bearing fictitious license
plates. One robber remains at the wheel; another at the door as look-out. The others
enter the office, hold up all present at gun point, and disconnect the telephone or cut the
wires. Money taken, they run to the waiting vehicle, warning their victims not to move for
three or four minutes. They either abandon the vehicle in which they take flight for
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33
 another or separate and go in different directions, taking other cars, a taxicab, a bus, or
a train.

Jewelry Stores Robbery

Jewelry stores are usually robbed by experienced criminals working in groups of from
two to five. The time of robbery is usually just after opening or just before closing time.
The better-class jewelry store is generally selected. Criminals of this type generally use
more than one vehicles, usually stolen and provided with fictitious license plates.

One method is for a robber to remain in the parked vehicle with motor running. Another
acts as a look-out while the others enter the store. One or two carry small leather bags
into which jewelry may be placed. At gun point they hold up the clerks and/or owner,
remove jewelry from the safe and showcase trays, and escape, warning that an outcry or
pursuit will cause them to shoot. In stores equipped with an alarm system, they force
the owner or clerks into the rear of the shop, tie and bind them, and escape. Robbers of
this type are desperate and dangerous.

Another method is for two criminals to enter the store ostensibly to buy jewelry. After a
certain piece is selected, and payment by check is offered. The clerk refuses to take the
check, and one of the robbers leaves to cash it. The other remains in conversation with
the clerk. The one who left to cash the check phones the store. As the clerk or owner
answers the phone, the robber remaining covers him with a gun. Then another
accomplice enters and grab any jewelry available. Or they may force the clerk or owner to
open the safe, tie and gag him, cut telephone connections, and then escape.

Chain Stores Robbery

Criminals of this type select stores where there is a large turnover of money in a day,
where there are only one to two clerks on duty, or where there is a large week-end
business. Time of operation is usually just prior to closing time. It may be on a day when
banks are closed or when the money is held for pick up the following working day.

The criminals drive up to a point near the premises in a car, with an accomplice remains
at the wheel with motor running, sometimes accompanied by a woman to avoid
suspicion. The criminals enter the store and at gun point hold up the clerk and anybody
else inside. Bring him/ they to the rear of the store, sometimes tied up or locked in a
washroom. Money taken, they flee from the premises.

Restaurants Robbery

In small restaurants and coffee houses, the criminals may work alone or with a partner.
Two robbers enter the restaurant, order food, eat, and wait for an opportunity. They hold
up the cashier at gun point and take the money from the cash register. Sometimes they
will shoot to effect escape.

In larger restaurants the robbery is planned in advance, the criminals selecting a place
frequented by moneyed patrons. They drive up in a vehicle to a spot adjoining the
premises and alight. One is left in the vehicle and a look-out in the street. The doorman
or security guard, if any, is forced to go inside the restaurant. They order the patrons to
line up against the wall, after which they go through the pockets and handbags of the
diners, taking jewelry and money. The job completed, they escape in the waiting vehicle.

Gasoline Stations Robbery

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 Sometimes a lone criminal may will hold up a gas station. But usually criminals operate
these stations in groups of from two to four. At times a female accomplice or male, so
disguised may assist. Gas stations situated on roads in outlying section or less frequented
highways are attacked, generally at night time.

The criminals drive up in a car, which have fictitious license plates. They order a quantity
of oil or gas for the car. When it is time to pay, the attendant is held up at gun point. The
attendant is forced to enter the station, is tied or bound or locked in the washroom. The
cash register is forced opened and then escape.

Drugstores Robbery

Drugstore robbery may be committed by professional and amateur criminals operating

along or with confederates. They may be armed with real weapons or imitation guns.
Sometimes a female accomplice enters as an ostensible buyer and orders something, and
while the clerk is filling the order, the other criminal enters, draws a gun, and compels
the clerk to go to the rear of the store. Then, one of the two empties the cash register.
They may also take narcotic drugs.

Gambling Games Robbery

The professional criminals or the hardened criminal mob commit this type of robbery.
They target clubs or private homes where gambling is held. They also operate on crap
and other gambling games conducted in lofts, garages, cellars, poolrooms, piers, and at
construction sites on payday conducted by the workers.

In clubs or private home gambling, one member of the gang may have frequented the
place to make observations of club members and players. The number of rubbers that
may be required is in proportion to the number of players to be held up. The criminals
usually mask themselves to hide their identities. If the club has a doorman or guard, he
is forced into the clubrooms. One robber remains at the wheel of the waiting vehicle,
another at the entrance as a look-out. The players are lined up against the wall at gun
point, and their pockets are emptied of money and other valuables. They flee the
premises, covering the players until all are in the waiting car.

In the case of crap other gambling games, the time usually chosen to stick up such
players is when the game is in full swing. Like the club robbers, these criminals have
made a survey of the place and laid plans in advance. Their operation is the same.

Residences Robbery

The criminal operating in private residences selects only homes of the wealthy,
sometimes with one or two accomplices. In larger homes and apartments, they usually
gain entrance without the knowledge of the occupants via a rear door or through a
window or by climbing a porch. They try to surprise their victims. Money and valuable
jewelries are stolen. Sometimes the victims are tied up. If resistance is offered, they will
resort to violence. Escape is usually by vehicle. Sometimes the they enter the house
while the occupants are out and secrete themselves until their victims return.

In smaller homes or apartments, the robber, posing as a delivery man and the like, may
be admitted by the occupant on supposedly legitimate purpose. Then. distracting
attention, the occupant will be held up at gun point and ordered to hand over all money
and valuable items.

There are a few important questions the experienced investigator will always ask himself
whenNALING
CRISMARK investigating
MARIANOa residential robbery:
35
 What has been stolen?
 When did the robbery take place?
 Who committed the robbery?
 What was the motive?
 How did the robber know where to find the stolen object?
 How did robber know that the time chosen for the robbery was the most favorable one?
 How did the robber dispose of the stolen items.
 How did the robber know the premises?
 Does the technique employ point to an amateur or professional?
 Were there one or more robbers?

Individuals Robbery

Criminals specializing on this type of robbery use various techniques in robbing

individuals. A female accomplice may lure the victim to some secluded place, where a
male accomplice is waiting and proceeds to hold up the victim at gun point or any bladed
instruments. There the victim is divested of money and any valuables.

Rent collectors, bill collectors, salesmen, vendors, shoppers and even couple in car
parked in secluded spots are targets for hold-uppers. Robbers may wait for a person on
his way to or from the bank, take the money at gun point. Other criminals make a
practice of following women and girls from bus stations, train stations, market places, or
homes late at night. Then, either on the street or at the entrance door, the victim is held
up at gun point or other type of weapon, and divested of cash and other valuables.

Some robbers loiter in the vicinity of hotels, restaurants, and bars and wait for an
intoxicated
victim, whom they pull into a hallway and rob. They may operate with vehicle, pretend to
assist an intoxicated man, get him into the vehicle. There he is forced to give out his
money and valuables and later dumped out on an unlighted street or highway.

Still others work in groups of two to four. Frequenting the better-class hotels,
restaurants and bars as guests, they take special note of couple spending freely,
especially if the woman is wearing valuable jewelry. When the couple leaves, they follow
in another car and, at gun point, commit the robber at the victim’s entrance door. Some
male criminals dressed in female attire will solicit men on the street. The victim is taken
into a hallway or some other places and there robbed.

Taxicabs Robbery

Professional and amateur criminals sometimes operate in this field. The taxicab robber
works mostly at night. He directs the driver to proceed to a lonely spot or street,
confronts him with a gun, takes his money, forces him out the vehicle, and then drives
away in the cab, which is abandoned a short time later.

Delivery Trucks Robbery

Robbery of delivery vehicles is usually the work of professionals. The criminals,

numbering from two to four, in stolen vehicle follow the truck to a quiet thoroughfare
and force it to the curb. Money collected is taken at gun point. Sometimes the driver and
helper are taken into the robber’s car and dumped out at some distant point. In some
cases, the hold-up men may drive the truck containing merchandise to a designated
place, remove the contents, and abandon the vehicle later at some other place.
CRISMARK NALING MARIANO
36
 Warehouses Robbery

A gang of experienced criminals is generally commit this type of robbery. This type of
robbers usually operates in the early morning. They may work in collusion with one or
more employees. At times the robbery is planned on information and connections
provided by the fence or receiver.

The place has been previously surveyed, the habits of the watchmen or security guards
studied, and the location of merchandise learned. Heavily armed, the criminals proceed
to the warehouse, enter by pretext or force, cover the watchman or security guard at gun
point or use violence to subdue if there is resistance. Telephone connections may be cut
off. The merchandise is selected, loaded into the vehicle and driven away. The
merchandise is taken to a prearranged "drop", where marks of identification are
removed. The goods are then sold to a fence or receiver.

Vehicles Robbery

Persons who engage in stealing vehicles ("carnapping") vary greatly in type and are often
shrewd and skillful in their work. The most frequent types are:

 The professional robbers who steal and sell vehicles as his sole means of livelihood.
 Youths who steal vehicle for joy-riding and when through abandon the vehicle.
 Men who are stranded a considerable distance from their homes and are without carfare.
 Persons under the influence of alcohol.
 Robbers who steal vehicles for use in committing other crimes, usually holdups.

The investigator must be sure to secure an accurate and complete description of the
stolen vehicle, to include the following details:

 License plate number:

 Make:
 Year of model:
 If rebuilt: To want extent. If original lines have been changed, full description of the
appearance.
 Kind of body:
 Body number or trade mark, if any: Location of number or trade mark.
 Motor number:
 Factory number:
 Changes or repairs:
 Exterior damage: Such as dents, paint repairs, rust spots, cracks, etc.
 Changes made: Such as radio, heater, Air-con, tires, battery, etc.
 Wheels: Such as hub-caps, spokes, etc.
 Tires: Such as size, make, and condition.
 Precautions taken: What was done to prevent theft of car, such as locking windows,
doors, etc.

In the investigation of robbery all applicable methods of police science should be useful.
Fingerprints may be found on abandoned vehicles and on other paraphernalia. Filed-off
numbers may be revealed on discarded firearms, disclosing at least the original buyer of the
weapon. Footprints are left at the scene, etc. Even in seemingly hopeless cases a careful
investigation will almost always reveal some traces of a technical nature which may be
utilized to track down the criminal. If security cameras are installed in the place where the
robbery was
CRISMARK committed,
NALING MARIANOtape footages will be of great help to identify the culprits.
37
Recovery of Stolen Property

This may be accomplished by such means as interviewing suspects, relatives, associates,

witnesses, searches of residence and searching the effects of possible suspects. You may
recover property by checking pawnshops, secondhand shops, junk yards, known fences and
receivers of stolen property. Special stops and wants with other law enforcement agencies
will assist in the recovery of stolen property. The news media also be of assistance by
placing information wanted ads and/or stories for distribution in their newspapers, radio or
television announcements.

Description of Stolen Property

If stolen or lost property is to be returned to its rightful owner when it is recovered, there
must means of establishing ownership. If this is possible, then, ordinarily, you must assume
that the person who has possession of the property has title to it. It would be fruitless to try
to prosecute a thief or robber if the property found in his possession cannot be identified as
belonging to someone else. It is important, therefore, that an investigator records its
description accurately and some standard manner. This will make it possible to index the
information in the various files so that the owner of the property recovered from thieves,
pawnshops, or other can be identified and the property returned. In describing stolen
property, at least the following information should be obtained for the description:

Quantity: Kind of article or merchandise or type with details indicating the specifics
such as man’s watch, writ; revolver; radio, portable; dress; etc.

Trade Name: Such as commercial or manufacturer's name, or name under which sold,
such as: typewriter, portable, Underwood; computer, PC or Mac; watch, man's pocket,
open-faced, Waltham; etc.

Identifying Features: Such as serial or parts numbers (use care on firearms to

differentiate between parts numbers and serial numbers), (case or movement numbers
on watches or clocks), names, initials, inscriptions, identifying marks (make by
manufacturer or owner), repair identification marks, etc.

Physical Description: Exact model, style, size, shape, thickness. Added description:
firearms - model, caliber, barrel length, type of sights, and other identifying feature
should be described; watches or clocks - size, shape, descriptive features not otherwise
listed; jewelry - mounting, setting, design, etc.; utensils - number in set, etc.; radios,
televisions - size of set, lubes or transistor, dials. control bands, accessories, speakers
(sizes and kinds), type of turntable or tape deck, stereo, cartridge type in tone arm, etc.

Material Construction of Items: Like blue, steel, sterling silver, walnut, etc.

Color or finish

Condition: Including date of purchase if pertinent in determining value, usability, state

of repair, appearance, etc.

Value: Market value, estimated from initial cost. age, normal life, and salvage value. You
should estimate value if the market value is not known.

Receiving Stolen Property

Buying or receiving property that is known to have been stolen by another person is a crime.
ReceivingNALING
CRISMARK meansMARIANO
to take under control. Stolen property is property that has been taken by
38
 theft or, in some jurisdictions, property obtained by embezzlement or false pretenses. The
receiver must be certain or almost certain - in other words, more than merely suspicious -
that the property is stolen.

Proof of the purchaser's knowledge may be inferred from circumstances, such as time and
place delivery. For example, if a man purchases a discounted stereo from an individual
selling home
electronics out of a van parked in an alley at midnight, these circumstances may contribute
to a finding that the purchaser had sufficient reason to know the property was stolen.

LESSON 9

INVESTIGATION OF KIDNAPPING

Legal Definition
Article 267 of the Revised Penal Cade, as amended, covets the crimes of Kidnapping and
Serious Illegal Detention. It provides that any private individual who shall kidnap or detain
another, or in any other manner deprive him of his liberty, shall suffer the penalty of
reclusion perpetua to death:

 if the kidnapping or detention shall have lasted more than five days.
 if it shall have been committed simulating public authority.
 if any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made.
 if the person kidnapped or detained shall be a minor, female or a public officer.

The penalty shall be death where the kidnapping or detention was committed for the purpose
of extorting ransom from the victim or any other person, even if none of the circumstances
above-mentioned were present in the commission of the offense.

Section 8 of Republic Act No. 7659 amended Article 267 of the same Code to read as follows:

“Art. 267. Kidnapping and serious illegal detention. - Any private individual who shall
kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the
penalty of reclusion perpetua to death:

1. if the kidnapping or detention shall have lasted more than three days.
2. if shall have been committed simulating public authority.
3. if any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made.
4. if the person kidnapped or detained shall be a minor, except when the accused is any of
the parents, female or a public officer.

The penalty shall be death penalty where the kidnapping or detention was committed for
the purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above-mentioned were present in the commission of the offense.

When the victim is killed or dies as a consequence of the detention or is raped, or is

subjected to torture or dehumanizing acts, the maximum penalty shall be imposed."

General Considerations

The word kidnap comes from the two slang words kid (which means child) and nab (which
CRISMARK NALING
means to steal or MARIANO
snatch).
39
Kidnapping has been recorded since 1673, which originally meant stealing children for use as
servants or laborers.

Kidnapping, in criminal law, is an offense involving taking and conveying away a person
against his or her will, either by force, fraud, or intimidation. Originally the word applied only
to the abduction of children, but early in English law it was employed to designate the same
offense with regard to adults.

Formerly, in common law, the offense of kidnapping was confined to the taking of persons
from their own to another country, but such a restriction does not exist in the common law
today.

Kidnapping does not apply to those acting under the authority of the law.

In the United States, it is legal "kidnapping" for the police officers or agents (etc.) of one state
to capture fugitives in another state and bring them back for trial.
International law requires the permission of a country's government for a fugitive to be sent to
another country for trial, unless the fugitive voluntarily surrenders. Most countries also have
laws requiring extradition proceedings, and often extradition treaties. For example, the
capture of Mordechai Vanunu in Italy by Mossad agents was kidnapping under Italian law.
Similarly, the Mossad capture of Nazi war criminal, Adolf Eichmann was kidnapping under
Argentina law.

Merely enticing a competent adult away is not sufficient to constitute the crime of
kidnapping. The crime can only exist when an abduction is carried out against the will of the
person, either actually or constructively. For example, inducing a laborer to go to a distant
place to work, by holding out extravagant promises that the employer does not intend to
fulfill, does not come within the scope of this crime; but getting a sailor intoxicated and
taking him aboard a strange ship, with design to detain him until the vessel is under way,
and then to persuade or coerce him to serve as a seaman, has been held to constitute
kidnapping.

Kidnapping is also committed if the consent to such removal is induced by fraud, or if the
victim is legally incompetent to give a valid consent, as in the case of a young child or a
feeble-minded person. The essential elements of kidnapping and of false imprisonment are
about the same, that the former includes, in addition to a detention, the act of carrying away
the victim to another place, usually for the purpose of avoiding discovery.

A person legally entrusted with the custody of another may not, of course, be guilty of
kidnapping that person. A parent, however, may be guilty of kidnapping his or her own child
if custody of the child has been given to another by court order. When the parents have
separated without legal order, one may take the child from the other even by trick or
deception without committing the offense of kidnapping.

Kidnapping has come to mean any illegal capture (and detention) of persons against their will,
regardless of age, as for ransom. Another case is when two countries are at war: enemy
soldiers may be captured in another country and detained as prisoners of war under the law
of the capturer's sate and suspected war criminals and those suspected of genocide or crimes
against humanity may be arrested.

Kidnapping can also take place in the case of deprogramming, a now rare practice, to
convince someone to give up his commitment to a new religious movement (called a cult or
sect by critics) that the deprogrammer considers harmful.

CRISMARK NALING MARIANO

40
 Kidnapping has now become a terrorist activity: In the 1980s, for example, some U.S. citizens
have been kidnapped and held by terrorist groups operating in Lebanon. And now, in
Afghanistan and Iraq.

It would be difficult to kidnap without also committing false imprisonment which is the
offense of intentionally or recklessly detaining the victim. The use of force to take and detain
will also be an offense and sexual offences may be committed during the detention.

Abduction is the carrying away of any female for purposes of concubinage or prostitution. The
taking of a girl under a designated age for purposes of marriage is, in most jurisdictions, also
included in the crime of abduction. Abduction is generally regarded as a form of kidnapping.

Purpose of Kidnapping

Kidnapping is resorted to in order to accomplish any of the followings:

 Slaves were often kidnapped and sold in the slave market.

 Sailors were shanghaied, or kidnapped, and forced to work on ships.
 During the early 1800's, ships were occasionally slopped entire crews forced to work on
other ships.
 An illegal arrest is actually a form of kidnapping.
 Fleeing criminals often kidnap one or more and hold them as hostages to reduce the
chance or being captured.
 Kidnapping has also been used by political terrorists seeking to force governments to meet
their demands.
 Kidnapping us resorted to for ransom or reward.
Taking of Hostages

Hostage is a person held prisoner to force fulfillment of a demand. If the demand is not met,
the hostage may be killed. The taking or hostages is illegal under international law and the
laws of individual nations. The physical mistreatment of hostages is also illegal but is
considered a separate crime.

Most hostage taking occurs in connection with other crimes or as a result of political
struggles. A bank robber, for example, may seize hostages and threaten to kill them unless
the police allow him or her to escape.

Hijackers of a ship or airplane may hold passengers and crew hostage to obtain such goals as
a ransom payment or transportation to a safe destination. Kidnappers, too, sometimes hold
their victims for ransom.

Hijackers and other terrorists often take hostages to demand a certain action by a
government. In 1979, Iranian revolutionaries seized the U.S. Embassy in Tehran, Iran, and
held a group of Americans hostage. The revolutionaries demanded that the deposed Shah of
Iran be returned to the country for trial in exchange for the hostages. The Shah died in 1980,
but the Americans were not released until 1981.

Although the victims are usually called hostages, this term also applies to legal hostage-
taking, often practiced by public authorities.

During wartime, countries have sometimes taken civilians as hostages. During World War Il
(1939-1945), for example, Germany sought to control underground resistance forces by
taking hostage in France, Poland, and other occupied countries. Such hostage taking is illegal
under international law. It is distinguished from the lawful action of taking enemy soldiers as
CRISMARK NALING MARIANO
prisoners of war.
41
In ancient and medieval times, nations often exchanged hostages to guarantee that both sides
would carry out the terms of a treaty. The hostages, who were nobles or other important
people, were treated as honored guests. But they could be executed if the treaty was broken.

Stockholm syndrome is a term used to describe the relationship a hostage can build with their
kidnapper. This occurs when the captive, due to the close proximity and the constant
pressures involved, begins to relate to, and empathize with, the captors. In some cases, this
relationship has resulted in the hostage become empathetic to the point that he/she actively
participates in the activities of the group.

Modus Operandi of Kidnapping

Perpetrators of kidnapping have some peculiar operational style that distinguishes one group
from the other. Some groups are contented with money given immediately by the families/
relatives while others are capable of prolonged negotiations for a bigger ransom. Some groups
are crude in executing their plan while others do it with precision and finesse.

However, most cases of kidnapping particularly those undertaken by criminal groups,

revealed the following stages:

Spotting. The first step in planning a kidnapping operation is to come up with a shopping
list of three to four possible targets that are capable of paying a huge amount of ransom.
Targets are usually wealthy businessmen.

Surveillance. Targets are then subjected to a thorough surveillance and investigation. The
investigation focused on the financial capability, home address and place of work, phone
numbers, complete description of the vehicle being used, travel routes, identities of
household helpers, drivers and employees, and personal security of potential targets.

Risk analysis and target selection. After a thorough investigation, the group selects one
of the targets, which present a lower risk and difficulty in ransom negotiation. In some
cases, the group selects the one whom the group had gathered the information first. In
order to enhance precision in their operation, some group send out of the syndicate to
apply as drivers, employees, and household helps to gain further access on the target.

Seizing of victim. The time allotted for forcibly taking the victim is usually two to three
hours. The victim is usually forcibly taken on his/her way to place of work or while going
home after work. Most of the victims are successfully intercepted while crossing road
intersections or traveling along highly travelled streets.

Negotiation. Ransom demand may range from PhP 1 million to PhP 100 million, depending
on the paying capacity of the victim and the operational capability of the group. The
weakest member of the victim's family is usually selected by the syndicate to act as
negotiator, warning the latter not to report incident to the concerned police authorities.

Collection of ransom. After the ransom has been negotiated, group will design a pay-off
procedure. The ransom is usually brought to a pre-designated site. In some pay-off
situations however, the ransom courier is usually instructed to bring along a cellular
phone for ease of communication during the actual pay-off. There were instances where
couriers were given a round-the-bush before reaching the final pay-off venue. Professional
groups normally release the victims after the pay-off had been secured.

Even with the "no ransom policy" of the government, it was noted that the victims’ family
easily give in to the demands of the kidnappers, with minimum negotiations. Usually,
kidnapping
CRISMARK victims
NALING are released in 3 to 6 days, after ransom has been paid.
MARIANO
42
Kidnapping Precautions

Items to have on hand:

 Several recent color photographs of the children and parents. These photographs should
be taken on a frequent basis because as one grows his or her appearance often changes
dramatically. If any member of the family is missing, you will need to give these
photographs to the police, press, and others. They can do better job if they know what the
missing person looks like in a recent photograph.
 A list of any scars or unusual physical characteristics, height, weight, hair and eye color.
Two sets of family members’ fingerprints. (Ask local police department to get the
fingerprints and to give you the copies.)
 List of all passport numbers and the countries that issued them.
 List of driver’s license numbers and automobile registrations, serial numbers, type and
model of vehicles.
 List of all credit cards, bank accounts, and social security numbers.

Note:

 Keep these items at the homes of two different friends. In this way if one friend is away,
you still will have access to these items when you need them. If you use a safe deposit box
at a bank, you will not be able to gain access to these items on weekends or after hours.
 You may never have to use any of the above items, but it is better to have them and never
use them than to not have them should the need arise.

Things to do to prevent child kidnapping:

 Personally accompany your child to and from school.

 Instruct the child not to talk to strangers.
 Teach your child how to use the telephone:

 Make sure your child knows all your telephone numbers, including area code.
 Make sure your child knows how to a collect call or how to reach the operator and
ask for help in getting you on the telephone. This might include teaching your child
how to make a collect call from another country.
 Have your child practice making these calls, and practice and practice again.

 Teach your child to contact you before going any place.

 Make sure your child knows that if anything unusual happens or that if anyone says you
are injured or dead that he or she should react by immediately calling you collect.
Practice this so your child will know that you are alive and well and waiting for the child
to telephone you so that you can come and get him or her.
 As mean and devastating as it sounds and is, many people who kidnap children tell those
children that you are dead. Therefore, the child has no need to try to telephone you. Other
kidnappers elaborate on the story, telling the children that they and the parent have to
move, change names, and hide in order to be safe from the people who killed the other
parent. There is no end to the things your child might be told. Therefore, your child must
understand that no matter what he or she is told the child must try, and keep trying, to
contact you or the police.
 Make sure your child knows his or her own address, home and cell phone numbers.
 Make sure your child knows how to telephone the police or fire department for help, even
if the call has to be in another country.
 If you are not going to personally accompany your child to and from school, also tell the
schoolNALING
CRISMARK bus driver not to release your child if you are not present at the bus stop.
MARIANO
43
  If for some reason you are not there to pick up your child and another person arrives,
even with a supposed note from you, the teacher, etc., must confirm the authenticity of
the note by telephoning you. Even consider having a code word to identify you in order to
avoid any at the telephone ready with an answer.
 If your child walks to and from school, with or without school friends, you must consider
training him or her to run if anyone approaches.

Kidnapping Survival Guidelines

Kidnapping is a terrifying experience, but you possess more personal resources than you may
be aware of to cope with the situation. Remember, you are only of value to them alive, and
they want to keep you that way.

The common hostage responses of fear, denial and withdrawal are all experienced in varying
degrees. You may be blindfolded, drugged, handled roughly, or even stuffed in the trunk of a
car.

Kidnapping can take place in public areas where someone may quietly force you, by gunpoint,
into a vehicle. They can also take place at a hotel or residence, again by using a weapon to
force your cooperation in leaving the premises and entering a vehicle.

A hostage-taking situation is at its worst at the onset. The terrorists are nervous and unsure,
easily irritated, often irrational. It is a psychologically traumatic moment for the hostage.
Violence may be used even if the hostage remains passive, but resistance could result in
death.

If taken hostage, your best defense is passive cooperation. You may be terrified, but try to
regain your composure as soon as possible and to organize your thoughts. Being able to
behave rationally increases your chances for survival. The more time that passes, the better
your chances of being released alive.

The initial phase of kidnapping is a critical one because it provides one of the best
opportunities to escape.

Behavior Suggestions
Each captivity is different, but some behavior suggestions apply to most:

 If you are in a public area at the time of abduction, make as much commotion as
possible to draw attention to the situation.
 If the abduction takes place at your hotel room, make noise, attempt to arouse the
suspicion or concern of hotel employees or of those in neighboring rooms. The fact that
an abduction has taken place will be brought to the attention of authorities and the
process of notification and search can begin. Otherwise, it could be hours or days
before your absence is reported.
 Once you have been forced into a vehicle, you may be blindfolded, physically attacked
(to cause unconsciousness), drugged, or forced to lie face down on the floor of the
vehicle. In some instances, hostages have been forced into trunks or specially built
compartments for transporting contraband.
 If drugs are administered, do not resist. Their purpose will be to sedate you and make
you more manageable. These same drugs may actually help you to get control of your
emotions, which should be your immediate goal. If conscious, follow your captors'
instructions.
 Do not struggle in your confined state; calm yourself mentally, concentrate on
surviving.
CRISMARK NALING MARIANO
44
  Employ your mind by attempting to visualize the route being taken, take note of turns,
street noise, smells, etc. Try to keep track of the amount of time spent between points.
 Once you have arrived at your destination, you may be placed in a temporary holding
area before being moved again to a more permanent detention Site.
 If you are interrogated:

 Retain a sense of pride but be cooperative.

 Divulge only information that cannot be used against you.
 Do not antagonize your interrogator with obstinate behavior.
 Concentrate on surviving; if you are to be used as a bargaining tool or to obtain
ransom you will be kept alive.

 After reaching what you may presume to be your permanent detention site (you may be
moved several more times), quickly settle into the situation:

 Be observant. Notice the details of the room, the sounds of activity in the building
and determine the layout of the building by studying what is visible to you. Listen
for sounds through walls, windows or out in the streets, and try to distinguish between
smells.
 Stay mentally active by memorizing the aforementioned details. Exercise your
memory and practice retention.
 Keep track of time. Devise a way to track the day, date and the time, and use it to
devise a daily schedule of activities for yourself. You can approximate time by
noting, for example, changes in temperatures between night and day; the
frequency and intensity of outside noises - traffic, whistles, birds; and by observing
the alertness of guards.
 Know your captors. Memorize their schedule, look for patterns of behavior to be
used to your advantage, and identify weaknesses or vulnerabilities.
 Use all of the above information to seek opportunities to escape.
 Remain cooperative. Once a level of communication is achieved, try asking for items
which will increase your personal comfort. Make them aware of your needs.
 Try to establish some kind of rapport with your captors. Family is a universal
subject. Avoid political dialogues, but listen attentively to their point of view. If you
know their language, listen and observe; and if addressed, use it.
 Maintain your dignity and self-respect at all times.
 Stay physically active. Even if your movement is extremely limited. Use isometric
and flexing exercises to keep your muscles toned.
 Manage your time by setting up schedules for simple tasks, exercises, daydreaming,
housekeeping.
 Plan on a lengthy stay, and determine to keep track of the passage of time. Captors
may attempt to confuse your sense of time by taking your watch, keeping you in a
windowless cell, or serving meals at odd hours.
 If you detect the presence of other hostages in the same location, devise ways to
communicate with one another. However, do not jeopardize your safety or the safety
or treatment of others if attempting to communicate with fellow captives seems too
risky.
 DO NOT be uncooperative, antagonistic, or hostile towards your captors. It is a fact
that hostages who display this type of behavior are kept captive longer or are
singled out for torture or punishment.

 Watch for signs of Stockholm Syndrome which occurs when the captive, due to the
proximity and the constant pressures involved, begins to relate to, and empathize with,
the captors. In some cases, this relationship has resulted in the hostage become
empathetic to the point that he/she actively participates in the activities of the group.
CRISMARK NALING MARIANO
45
 You should attempt establish a friendly rapport with your captors, but maintain your
personal dignity and do not compromise your integrity.

 If you are able to escape, attempt to get first to nearest police. If in a foreign country,
try to get to the Philippine Embassy or Consulate to seek protection.

Avoidance of Capture or Escape

 Efforts to avoid capture or to attempt escape have in most cases been futile.
 The decision, however, is a personal one, although it could affect fellow hostages by
placing them in jeopardy.
 Several other considerations should be weighed.
 To have any chance of success, you should be in excellent physical condition and
mentally prepared to react before the terrorists have consolidated their position.
 This, also is the riskiest psychological time.
 You would need to have a plan in mind, and possibly have been trained in special driving
tactics or other survival skills
 If you are held in a country in which you would stand out because of race or other
physical characteristics, if you know nothing of the language or your location, you should
consider the consequences of your escape before attempting it.
 If you conclude that an escape attempt is worthwhile, take terrorists by surprise and you
may make it.
 If their organization has a poor track record of hostage safety, it may be worth the risk.
 Rescue. The termination of any terrorist incident is extremely tense.
 If an assault force attempts a rescue, it is imperative that you remain calm and out of the
way.
 Make no sudden moves or take any action by which you could be mistaken for a terrorist
and risk being injured or killed.
 Even in a voluntary release or surrender by the terrorists, tensions are charged and
tempers volatile.
 Very precise instructions will be given to the hostages, either by the captors or the police.
 Follow instructions precisely.
 You may be asked to exit with hands in the air, and you may be searched by the rescue
team.
 You may experience rough treatment until you are identified and the situation has
stabilized.
 Finally, it's worth keeping in mind three facts about terrorism:

 The overwhelming majority of victims have been abducted from their vehicles on the
way to or from work.
 A large number of people taken hostage ignored the most basic security
precautions.
 Terrorist tactics arc not static.

 As precautions prove effective, they change their methods.

 There is a brief "window of vulnerability" while we learn to counter their new styles.

Additional Precautions:

 Do not settle into a routine.

 Vary times and routes to and from work or social engagements.
 Remember, there is safety in numbers. Avoid going out alone.
 When traveling long distances by automobile, go in a convoy.
 Avoid back country roads and dangerous areas of the city.
 A privately
CRISMARK NALINGowned car generally offers the best security.
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  Avoid luxury or ostentatious cars.
 Keep your automobile in good repair and the gas tank at least half full
 Driving in the center lane of a multiple lane highway makes it difficult for the car to be
forced off the road.

Kidnappings in the Philippines

In the Philippines, "acts of terrorism" have been resorted to by the so-called domestic threat
groups in furthering their respective causes. These are the local communist movement, the
secessionist movement and the Abu Sayyaf Group. Overtime, their guerilla/criminal activities
have adherents, to a certain extent, to their cause by exposing popular and critical issues
against the duly constituted government. Bombings, bus burning, and kidnappings are just
some of their major "acts of terrorism."

Of late, kidnapping activities perpetrated by criminal groups, became quite sophisticated,

including obtaining inside information about net worth of assets and knowing which families
were holding large sums of cash. Their targets include local and foreign tourists, and
Chinese-Filipino nationals.

There are strong indications that the Southern parts of the Philippines are being utilized by
the ASG kidnappers to hide their victims while negotiations are going on. Authorities believed
that these kidnappers are somewhat connected with some domestic threat groups thereat
such as the MBG and the MILF.

The Secessionist Movement

The Philippines is an ethnically diverse nation with Muslim "problem". The Americans and
Spanish both had difficulties understanding and controlling the Muslims. Islam first came to
the southern islands courtesy of Arab traders sometime in the 15th century, and has been
part of the fabric of this place ever since. Large portions of Mindanao and the Sulu and Tawi-
Tawi archipelago are predominantly Muslim. At least 10 other provinces have their own
Imams, and there are about half a million Muslims in Metro Manila. Shortly after World II,
the Philippines government began encouraging Christians to settle in Mindanao, and there
has been open if sporadic conflict in the region since the early 1970's. The three major
Muslim groups are.

 Moro National Liberation Front (MNLF). This Islamic separatist group in the Philippines
had high visibility in the early 1990s, with an estimated 15,000 heavily armed troops. The
MNLF was led by Nur Misuari, who had studied in the Middle East. The MNLF's
negotiated settlement with the Government in 1996 led to the creation of the Autonomous
Regions of Muslim Mindanao (ARMM), of which Misuari was promptly elected governor.

 Moro Islamic Liberation Front (MILF). Until the emergence of Abu Sayyaf Group, the
MILF was the most violent of the Islamic anti-government groups. The MILF was probably
behind the mall bombings in Manila, and explicitly claimed responsibility for bombing the
Philippine Embassy in Jakarta. MILF forces are believed strongest in Lanao del Norte,
Lanao del Sur, Maguindanao, and North Cotabato. The MILF has just reached a
negotiated settlement with the Philippines government.

 Abu Sayyaf Group. Although still relatively small, this group is the one that got everybody
worried. Heavily armed, thanks to scads of ransom money, the Abus are having no
problem getting new recruits in poverty-stricken Mindanao. The group was formed by
Abdurajak Abubakar Janjalani, an Islamic scholar who had received military training in
Libya and fought in Afghanistan. After he was killed in 1998, his younger brother
Khaddafi took over the reins. Abu Sayyaf, more or less openly supported by Libya and
CRISMARK NALING MARIANO
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 (less openly) by certain other Middle Eastern regimes, was responsible for series of
kidnappings in the Philippines and few countries within the Asia Pacific Region.

The Local Communist Movement

The New People's Army (NPA) is the military wing of the Communist Party of the Philippines
(CPP). The NPA is a Maoist group formed in March 1969 with the aim of overthrowing the
government through protracted guerrilla warfare.

The chairman of the CPP's Central Committee and the NPA's founder, Jose Maria Sison,
reportedly directs CPP and NPA activity from the Netherlands, where he lives in self-imposed
exile. Luis Jalandoni, a fellow Central Committee member and director of the CPP's overt
political wing, the National Democratic Front (NDF), also lives in the Netherlands and has
become a Dutch citizen.

Although primarily a rural-based guerrilla group, the NPA has an active urban infrastructure to
conduct terrorism and uses city-based assassination squads. Derives most of its funding from
contributions of supporters in the Philippines, Europe, and elsewhere and from so-called
revolutionary taxes extorted from local businesses and politicians.

The NPA primarily targets Philippine security forces, politicians, judges, government informers,
former rebels who wish to leave the NPA, rival splinter groups, and alleged criminals. Opposes
any US military presence in the Philippines.

Organized Crime and Vicarious Criminal Syndicates

There are numerous criminal groups that resort to kidnappings for ransom. To name a few of
these groups…

 Kuratong Baleleng Gana in Luzon

 Kidnap for Ransom Gang under Benifredo Acabal in Luzon
 Waray-Waray kidnap for ransom group in Visayas
 Digma Kidnap Gang under Larry Santiago, alias Ka Peter in Mindanao
 Pentagon Kidnap for Ransom Gang under Kurato Tapuyak in Mindanao
 Kidnap for Ransom Gang under Allan Niegas in Visayas
 Kidnap for Ransom Gang under Marlon Cortes in Southern Luzon
 Kidnap for Ransom Gang under Roberto Yap in Northern Luzon
 And several others

Kidnappings of rich Chinese-Filipino businessmen nourished in Manila and led to millions of

pesos in ransom payments to several bandit groups. Chinese-Filipinos, who represent only
three percent of the total population, are still the most prominent ethnic group to be
kidnapped.

A good example is the abduction of University of the Philippines student Mary Grace Cheng-
Ragasa. Ms. Ragasa is the daughter of a plastic and foam products manufacturer. The father,
who reportedly suffered a cardiac episode in the process, allegedly paid anywhere from 10 to
50 million pesos in ransom money.

The Ragasa incident was just one of the series of kidnaps-for-ransom. In 1990 there were
only 10 reported kidnappings, but by the mid- 1990s more than a hundred a year were
reported. That's a significant underestimate given that many of primarily Chinese victims
keep their trauma to themselves, due to fear of the authorities, social embarrassment, or
anxiety about repeating the experience. Given the alleged existing evidence of possible
military and/or police involvement in kidnap gangs, such silence is understandable.
CRISMARK NALING MARIANO
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As a close-knit society, Chinese-Filipinos generally make attractive targets because they
rarely involve police officials in the negotiation phase and they tend to pay ransom demands
quickly.

Chinese-Filipino communities also control approximately 60-70 percent of wealth in the

country and are largely perceived as wealthier than their Filipino counterparts.

The payments, however, were allegedly not to Muslim rebels, but to Chinese mafia and former
Philippine military renegades with the arms and know-how to get their hostage and payoff.

The list of gruesome murders, political assassinations, kidnaps-for-ransom, brutal rapes,

bank robberies, hijackings, carnappings, and vendettas, is long, endless, and mostly
unsolved. The ratio between successful resolutions and failures is heavily in favor of the
latter.

From the manner these serious are planned and executed in such precision, the so-called
organized crime or vicarious criminal syndicates cannot thrive, or survive for long, without:

 active masterminding or supervision from the few corrupt active officers, including very
senior officers, and enlisted men in the police organization;
 being led by experienced dismissed scalawags-in-uniform who are either unemployable
due to their police records or have become social outcasts; or cannot get out of their old
vices;
 implicit assurance of protection of corrupt judges and prosecutors;
 the unspoken assurance and protection of politicians; and
 are driven by poverty or family financial hardship.

Hence, it may be inferred that the PNP and Military Intelligence Services, Anti-Vice squads,
Anti-Kidnapping teams, and elite Reaction Forces invariably know who, among their former
dismissed colleagues, have entered the life of crime; where they are hiding; their
specialization, i.e. kidnap-
for-ransom or banks heists; who are the leaders, and their contacts within the bureaucracy.

For these reasons, the authorities can, if they really want to, easily capture, or pick up the
leaders and members of these organized crime or criminal syndicates, with dispatch for
photo-ops or as examples of police efficiency when the situation gets too hot or too
embarrassing.

Military and Police

According to Maximilian Weber, a German political economist and sociologist, the state is the
institution with a legitimate monopoly over the use of force. In the Philippines, however, the
state has historically also had some pretty serious control over the illegitimate use of force as
well.

Before the days of martial law, regional politicians in the Philippines co-opted the local crooks
to create warlord gangs involved in gambling, prostitution, protection, and other rackets.

During martial law years, there was a massive expansion in the power of the military and
police. By the early 1980's, many officers realized that their monopoly control of loyal forces
and firepower could be turned to entrepreneurial endeavors. Specifically, they began
kidnapping rich Chinese for ransom, covert operations that became increasingly organized
and businesslike.

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 These activities became quite sophisticated, including obtaining inside information from
banks about net worth and knowing which families were holding large of cash and which
families took the greatest pride in never having paid a centavo in taxes.

The military and police anti-kidnapping units also became tolerant of the average two-bit
kidnapping gangs. In several cases, freelance kidnappng gangs were quickly and effectively
exterminated, one after the other, with no prisoners taken, and no witnesses. The best known
example was that of the liquidation of the Kuratong Baleleng Gang members, allegedly
apparently perpetrated by certain elite security units.

Even some top brass from the anti-crime force to combat kidnapping allegedly have been
indicted on charges of running kidnapping rings.

Quiet Ransom Payments

It appeared increasingly likely that, despite blanket denials, several Filipino hostages who
either "escaped" or were released by Abu Sayyaf guerrillas actually met rebel ransom
demands. Ten million pesos transferred to a Manila (the rebels bank accounts in proxy names
and coordinate deposits via cell phone) reportedly led to the escape of one businessman,
Reghis Romero.

Another Filipino, 50-year-old Frances Ganzon, was released along with 13 years old, Kimberly
Mao Uy. Both had family member who allegedly escaped earlier during the ordeal to
negotiate. Again, hundreds of thousands of pesos were reportedly moved between bank
accounts in private cash-for-hostage deals. The government has refused to comment.

Roger Yeo was released on June 10 by common criminals after his wife, Ng Yiong Hua, paid a
reported 8.3 million pesos’ ransom. He is the fourth Singaporean businessman to be
kidnapped in Manila. And, as with many kidnappings here, Yeo is free and the criminals are
long gone.

Initiatives to Address the Situation

In line with the global fight against terrorism, the Philippines Government formulated a 14-
point agenda (Memorandum 37) to combat terrorism. The National Security Adviser was
directed to undertake a special intelligence coordinating project to consolidate all sources of
information relevant to the government response against terrorism.

The Philippine government is also keeping pace with the security developments involving
transnational crime through the Philippine Center on Transnational Crime (PCTC). The
PCTC’s primary functions, among others are:

 to establish a shared central database among government agencies for information on

criminals, methodologies, arrests and convictions regarding transnational crimes;
 to explore and coordinate information exchanges and training with other agencies,
foreign countries and international organizations;
 to supervise and control the conduct of anti-transnational crime operations of all
government agencies and instrumentalities;
 to establish a shared central database on national as well as international legislation
and jurisprudence on transnational crime; and
 to establish a central programs and project at enhancing national capacity building in
combating transnational crimes as well as supporting the related programs and
projects of other ASEAN and international centers.

To ensure the effectiveness of the government's drive against kidnapping, President Arroyo,
CRISMARK NALING
on July 12, 2002MARIANO
organized the Police Anti-Crime Emergency Response (PACER) unit. The
50
 unit adopted the cohesive military-style tactics to go after kidnappers and drug dealers
including their financial and support network.

Further, Administrative Order 68 was issued on April 18, 2003 by the President, which paved
the way for the institutionalization of the Counter-Terrorism Intelligence Center (CTIC) which
is tasked to provide the overall coordination in the conduct of intelligence operations against
local and global terrorism.

To add more teeth to the government anti-kidnapping campaign, the President, on October
13, 2003, created the National Anti-Kidnappjng Task Force (NAKTAF). The mission of the task
force is to lead a national, integrated, comprehensive and synchronized effort to reduce, if not
eliminate kidnapping in the country. The task force employs a three-pronged approach that
provides extra reach to the long arms of the law to combat kidnapping in the country:
deterrence –

 by sending clear signal of punishment to members of kidnapping syndicates, relentless

crackdown on kidnappers, and
 participation of the citizenry in the campaign.

IV.COMPREHENSION CHECK-UP:
1. Enumerate the elements of robbery.
2. When and how robbery is committed?
3. According to RPC, What is the penalty for kidnapping?
4. Who is the Hostage?
5. What is the term used to describe the relationship build to hostage with their kidnapper?

I.OBJECTIVE: The students will be able to;

 Discussed the element of rape.
 Identify the different types of rape.
 Understand the legal procedure in the investigation of rape cases.
 Identify the common evidence gathered to prosecute rape.

II.TIME FRAME:
Week 11- November 5, 2020
3 hours

III.TOPIC:
LESSON 10
INVESTIGATION OF RAPE
Definition
Originally, the crime of rape is classified under Crimes Against Chastity in the Revised Penal
Code, as amended. Article No. 335, then, describes when and how rape is committed. It
provides that rape is committed by having carnal knowledge of a woman under any of the
following circumstances:

 By using force or intimidation;

 When the woman is deprived of reason or otherwise unconscious; and
 When the woman is under twelve years of age, even though neither of the circumstances
mentioned in the two next preceding paragraphs shall be present.
Later, Republic Act No. 8353, otherwise known as “The Anti-Rape Law of 1997”, further
amended the Revised Penal Code and reclassified the crime of rape under Crimes Against
Persons. Article No. 266-A, now, describes when and how rape is committed. It provides that
rape is committed:
CRISMARK NALING MARIANO
51
"1. By a man who shall have carnal knowledge of a woman under any of the following
circumstances:

a. Through force, threat, or intimidation;

b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; and
d. When the offended party is under twelve (12) years of age or is demented, even though
none of the circumstances mentioned above be present.

"2. By any person who, under any of the circumstances mentioned in paragraph I hereof, shall
commit an act of sexual assault by inserting his penis into another person's mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person.

“The penalty for the crime of rape ranges from reclusion perpetua to death depending on the
circumstances attendant in the commission of the offense."

Legal History of Rape

Laws defining and setting punishments for rape have varied enormously among different
cultures and during different time periods. Throughout history, rape laws have illustrated a
culture's social and political attitudes about sex and gender.

In Ancient Societies

In some ancient societies, men obtained wives through the practice of bride capture. In this
custom, a man would kidnap a woman and force her to have sex, and then he would marry
her. In these societies, what we would now call rape was socially acceptable, especially in
times of war. In some cases, bride capture was celebrated as heroic. For example, Romulus,
the legendary founder of Rome, is credited with populating that city by capturing the women
from a neighboring group of people known as the Sabines.

Some ancient societies considered rape a punishable offense. However, many of these
societies punished the woman raped, as well as the rapist. For instance, under the ancient
Babylonian Code of Hammurabi, a married woman who was raped was considered to have
commited adultery. The law required that the woman and her rapist be bound and thrown in
a river. The woman's husband had the option of rescuing her or allowing her to drown.
Similarly, ancient Hebrew law required that a married woman be stoned to death if she was
raped.

In some ancient societies women were treated as a form of property and rape was defined as
an offense against the property owner - the woman's father or husband - not against the
woman herself. For example, the Old Testament book of Deuteronomy, which delineates
ancients
Hebrew law, provides that if an unmarried virgin is raped the offender must pay the woman's
father 50 shekels and marry the woman. This law reflects the belief that a rapist could atone
for his crime by marrying his victim. Such laws indicate that the society did not view the
injury done to the woman as the essence of the offense of rape.

English Common Law

During the 12th and 13th centuries, an elaborate system of law based on judicial decisions,
known as the common law, developed in England. The common law made rape a crime and
provided for punishment of the rapist (but not of the victim). Rape was defined as sexual
penetration of a woman forcibly and against her will. However, because the common law
treated wives as the property of their husbands, a woman's husband could not be found
guilty of raping
CRISMARK NALINGher, regardless of whether he used force against her to obtain sex. As a result
MARIANO
52
 of the wedding contract, wives could not legally refuse to have sex. Therefore, the law
considered marital rape an impossibility.

In addition to creating complete immunity for husbands, English law also contained a
number of legal and procedural requirements that made the prosecution of rape difficult.
Under the utmost resistance doctrine, a man could be found guilty of rape only if his victim
could demonstrate that she had physically attempted to fight off the rape but had been
overpowered. A woman who was not physically bruised had little hope of proving a case of
rape. If a woman did not promptly complain of a rape, under the fresh complaint rule her
case could not be heard. The fresh complaint rule was based on the theory that a
delayed report of rape was more likely to be fabricated.

Both the utmost resistance doctrine and the fresh complaint rule were based on assumptions
that reflected the status of women in society. These doctrines were explicitly designed to
protect men from false accusations of rape, indicating that English society placed more value
on preventing false accusations than on protecting women from actual rapes. Legal decisions
applying these doctrines assumed that women were likely to fabricate rape accusations,
either because they were ashamed at having consented to sexual intercourse, because they
had been rejected by their lover and wanted revenge or because they had fantasized the rape.

Under English common law, certain rules of evidence also helped men defend themselves
against charges of rape. Evidentiary rules governed what information was available to the jury
during a trial, as well as the weight the jury should assign to the information. Special rules
made it difficult to achieve convictions and made the trial an ordeal for the victim. Under
these rules, a woman who reported a rape could expect to be questioned in great detail about
her sex life. For example, the victim could be extensively cross-examined by the accused
rapist's attorney to show that (l) she had consented to sexual intercourse with the defendant
(accused rapist) on that or another occasion, (2) she had consented to sexual intercourse with
another man or men, or (3) she did not have a good reputation for chastity.

Although it was difficult to obtain a conviction under the common law, the punishment for
rape was severe when prosecution was successful. During most eras, English law treated
rape as a capital offense - that is, a crime punishable by death.

In the United States

The English common law served as the model for criminal law in the United States, including
rape laws. However, U.S. laws added to the protections against false accusations of rape. For
example, many states instituted a special corroboration rule for rape prosecutions. This rule
provided that in the absence of corroborating physical evidence (such as semen or bruises) or
the testimony of a witness, a rape victim's testimony was insufficient evidence on which to
convict a defendant. As was the case with English law, this requirement assumed that the
primary objective of the law was to protect men from false accusations rather than to protect
women from rape.

Changing Attitudes

As women gained greater legal protections under civil rights laws and acquired more political
equality, traditional rape laws came under attack. Beginning in the 1960s, members of the
women's movement assailed many of the assumptions on which rape laws were based. For
example, they criticized the fact that rape laws were preoccupied with protecting men from
false accusations. According to these activists, the laws not only failed to adequately protect
women, they often did women harm. Citing research indicating that women who resisted
rapists were more likely to incur serious physical injury, reformers called into question the
appropriateness of the utmost resistance doctrine.
The identification of rape trauma syndrome also affected attitudes and laws concerning rape.
Rape trauma
CRISMARK syndrome,
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53
 to rape involving feelings of shock and shame. Victims who experience this syndrome are
often reluctant to report a rape. Discovery of rape trauma syndrome undermined the fresh
complaint rule, which was based on the assumption that delayed complaints of rape were less
reliable.

Reformers also criticized the fairness of the special corroboration rule. They noted that the
typical reaction of a victim experiencing rape trauma syndrome is to shower, to change and
discard any damaged clothing, and to hide bruises. Consequently, many victims quickly
destroy the physical evidence that a prosecution might later require under the corroboration
rule.

Legal Reforms

In the 1970s most states began to change their laws concerning rape. Many states redefined
rape and eliminated some of the common law doctrines and their biases against victims.
Beginning with Massachusetts in 1968 and Tennessee in 1971, most states have ended
requirement - usually extremely difficult to meet - that a complainant, or alleged rape victim,
produce corroborating evidence to the crime. Some states have passed laws enabling males to
press charges of sexual assault.

Another important legal reform was the enactment of rape shield laws. Rape shield laws
strictly limit the ways in which defense attorneys can question the complainant about her
general sexual conduct. Proponents of shield laws argued that such questioning was used in
trials, often unfairly, to insinuate that the accuser probably had consented to having sex. The
shield laws emphasize the rights of the complainants rather than those of the accused
rapists. Some critics argue that the new laws can more easily lead to the conviction of an
innocent person.

Following the English model, some U.S. states punished rape as a capital offense. However, a
1977 decision of the Supreme Court of the United States ruled this practice unconstitutional.
Today state statutes typically provide for a substantial number of years of imprisonment,
including life imprisonment, for persons convicted of rape. In 1997 Montana adopted a law
authorizing the death penalty as punishment for a second conviction of rape involving serious
bodily injury. Whether this law is constitutional in light of the Supreme Court's earlier
decision has not yet been addressed.

In Canada

Like the United States, Canada modeled its criminal law on English common law.
Consequently, Canadian rape laws primarily attempted to protect men accused of rape. Prior
to legal reforms in the 1980s, husbands were immune from prosecution for raping their
wives. Canada also supplemented the English common law safeguards for men accused of
rape. A fresh complaint rule was imposed, prosecutors were permitted to introduce evidence
of the victim's past sexual history to attack her credibility, and judges instructed juries about
the dangers of convicting a suspect on the uncorroborated evidence of the complainant.

In the late 1970s and early 1980s the Canadian Parliament reformed these traditional rape
laws and doctrines, adopting a new statutory scheme governing sexual assault. Under the
current criminal code, both men and women may be found guilty of criminal sexual assault,
and marital immunity has been repealed. Furthermore, lawmakers have eliminated many of
the evidentiary rules intended to make rape prosecutions more difficult, including the fresh
complaint rule and the requirement for corroboration.

Types of Rape
As attitudes about sexuality and gender equality continue to change, lawmakers and legal
reformers NALING
CRISMARK struggleMARIANO
to redefine what behaviors constitute rape. Some argue that rape should
54
be defined as any nonconsensual sexual intercourse, without any special requirement to
prove use of force. This proposal has been highly controversial. However, as a result of
changing societal perceptions, laws now prohibit several different types of rape.

Forcible Rape

Sexual intercourse carried out against a person's will by the use or threat of physical force
is sometimes referred to as forcible rape. Historically, a person could only be charged with
rape if force was used to subdue the victim. Most states retain use of force as part of their
definition of rape or, at the least, of the most serious form of rape. However, some states
have modified this traditional requirement. For example, in 1992 a New Jersey court
found that the requirement of force was satisfied by the act of sexual penetration itself,
without any additional force or threat of force.

In Canada, the federal Criminal Code prohibits various types of sexual assault. Sexual
assaults with a weapon or that cause bodily harm to the victim are punished more
severely. An aggravated sexual assault is the most serious form of rape in Canada. A
person commits aggravated sexual assault if he or she wounds, maims, disfigures, or
endangers the life of another person while sexually assaulting that person.

The Canadian code does not explicitly define sexual assault in terms of the types of sexual
activity prohibited. However, for the purpose of determining whether a sexual assault has
occurred, the statute defines consent as the "voluntary agreement of the complainant to
engage in the sexual activity in question." If the complainant is incapable of consenting to
the activity or if the complainant expresses, by words or conduct, a lack of agreement to
engage in the activity, a defendant may not successfully defend against charges of sexual
assault on the grounds that the complainant consented.

Acquaintance Rape

When a person rapes a person he or she knows, it is called either acquaintance rape or
date rape. The two people may be friends, former lovers, or presently dating. Studies
indicate that a woman is more likely to be raped by an acquaintance than by a stranger or
a relative.

An acquaintance may commit forcible rape. However, the term acquaintance rape is
usually applied when the sexual intercourse is nonconsensual but does not involve the
physical coercion typically associated with forcible rape, such as assault or threats of
violence.

The issue of consent in circumstances of date rape has stirred considerable controversy.
Determining whether an incident of sexual intercourse was consensual can be very
difficult. A man charged with rape and a woman alleging that she has been raped might
have very different perspectives about what happened, even if they are both sincerely
trying to give a truthful account. Lawmakers and courts have struggled with the issue of
whether to define consent from the victim's point of view. To do so creates the risk of
punishing a person (the accused rapist) who mistakenly thought another person was
consenting to sexual relations.

As awareness of acquaintance rape has grown, the subject has become a frequent topic of
discussion and political protest. Rape education advocates conduct seminars on
communication differences between men and women regarding consent to sex. Some
colleges have developed codes of conduct instructing young men to ask permission and
await an answer before pursuing sexual intercourse.

Marital Rape
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 Rape of a person's spouse is called marital rape or spousal rape. The English common law
and traditional U.S. and Canadian law did not reconize rape within a marriage as a crime.
As recently as the 1960s the American Law Institute recommended retaining the historical
legal doctrine that a man cannot rape his wife. The organization based this
recommendation on the theory that it was inappropriate for the law to invade marital
privacy. However, as a result of changing attitudes about domestic violence, many states
abandoned this doctrine and began to allow prosecutions for marital rape, especially if it
is committed by force. In Canada, spouses may be convicted of criminal sexual assault.

Statutory Rape

Sexual intercourse with a person who has not reached the age of consent is known as
statutory rape. The age of consent for sexual intercourse varies depending on state law,
but is no higher than 18 in any state. Under most state laws, the younger the victim is,
the greater the punishment. Statutory rape laws traditionally treated men or boys as
the prospective offenders and young women or girls as prospective victims. However, some
jurisdictions have enacted gender-neutral statutory rape laws. States also typically treat
sexual intercourse as rape if the victim is considered incapable of giving consent for a
reason other than age. For example, if a person has sexual intercourse with someone who
is drugged or asleep, or who is mentally retarded, that person may be found guilty of rape.

In Canada, traditional statutory laws have replaced with specific laws against a variety of
sexual offenses concerning children. For example, the Criminal Code provides that any
person who, for sexual purposes, touches any part of the body of a person under the age
of 14 is guilty of the offense of sexual interference. The charge cannot be defended by
claiming consent by the minor or mistake concerning the age of the victim. However, if the
accussed person between the ages of 12 and 16 and the victim is less than two years
younger than the accused and consented to the activity, it is not considered a crime.

Rape of Men

Traditional rape laws were gender specific, providing that only women could be victims of
rape and only men could be rapists. In recent years an increasing number of states have
rewritten their rape laws to be gender neutral. In these states it is possible, although
unlikely, for a woman to be charged with raping a man. In Canada, statutes prohibiting
sexual assault apply to both male and female perpetrators and victims.

Homosexual rape, when it is not covered by a state's general rape statute, may be covered
by
statutes that prohibit anal or oral sex between members of the same sex, a type of
sodomy. Although some statutes do not distinguish between forcible and consensual acts,
forcible sodomy is generally subject to more severe punishments. Homosexual rape is a
notorious problem in prisons. However, in society as a whole, rape of men - whether by
women or other men - is not a highly visible issue.

Effects of Rape on Victims

Women who are raped suffer a sense of violation that goes beyond physical injury. They may
become distrustful of and experience feelings of shame, humiliation, and loss of privacy.
Victims who suffer rape trauma syndrome experience physical symptoms such as headaches,
sleep disturbances, and fatigue. They may also develop psychological disturbances related to
the circumstances of the rape such as intense fears. Fear of being rape has social as well as
personal consequences. For example, it may prevent women from socializing or traveling as
they wish.
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 As attitudes about rape have changed, society's response to rape has also altered. For
example, many law enforcement agencies have instituted practices that show greater
sensitivity to rape victims. Some cities have formed special units of trained policewomen and
counselors. Use of such specialists can help make it less difficult for a rape victim to report
an attack. In addition, rape crisis hot lines and clinics have been established to help victims
negotiate the legal system and overcome the aftereffects of being victimized.

Incidence of Rape

Precise and reliable statistics concerning rape are not available. Rape remains an
underreported crime. In the past, victims were hesitant to report because of insensitive and
sometimes hostile treatment by law enforcement personnel. Although dramatic changes have
taken place in public and professional attitudes toward rape in recent years, many victims
remain hesitant to report rape. Even where the police and courts are more sympathetic,
victims often do not report a rape because they feel embarrassed or ashamed, blame
themselves, fear retaliation, or do not wish to relive the experience. In addition, statistics
about are unreliable because of differing definitions of rape and differing perceptions of
whether certain actions constitute rape. As a result, self-report surveys of individuals who
may have been victims of rape present widely varying estimates of the number of rapes that
occur and the likelihood of being raped.

Each year the Federal Bureau of Investigation (FBI) issues a report that indicates the number
of attempted or completed forcible rapes of women reported to law enforcement agencies in
the United States. In 1998 more than 93,000 rapes or attempted rapes of women were
reported. The Department of Justice (DOJ) also issues an annual report concerning the
number of rapes in the United States. The DOJ's National Crime Victimization Survey relies
on interviews with a sample population to gather information about rapes and attempted
rapes. According to this survey, about 200,000 rapes or attempted rapes occurred in the
United States in 1998; an additional 133,000 nonrape sexual assaults took place that year. A
nonrape sexual assault is defined as unwanted, forced sexual behavior other than oral, anal,
or vaginal penetration. In Canada victims reported more than 27,000 sexual assaults to the
police in 1997.

According to the Department of Justice, nearly three-quarters of rapes or other sexual

assaults in 1998 were committed by a person the victim knew - either a friend, an
acquaintance, or an intimate (current or former spouse, boyfriend, or girlfriend). The DOJ
data also indicate that teenagers and young adults are five times more likely to be victims of
rape than older people. More than half of all rape victims between 1992 and 1994 were
women under the age of 25. According to the DOJ survey, victimization rates for and sexual
assault are not significantly different among whites, African Americans, or Hispanics. In
Canada, the vast majority of sexual assault victims are women (84 percent in 1995) and they
are most frequently victimized by a casual acquaintance. More than half of all victims in
Canada are under 18 years of age.

It is very difficult to determine whether the incidence of rape in the United States has actually
increased over time. As the legal definition of rape has expanded, more sexual acts count as
rape. Furthermore, as attitudes toward rape have gradually changed, victims are somewhat
more likely to report rape than they were in the past. Thus, any in the numbers of rapes may
reflect an increase in reporting, rather than an actual increase in incidents.

According to U.S. government data, rapists are usually older than their victims.
Approximately three-quarters of convicted rapists are 21 years of age or older. The majority of
rapes are committed at night. Nearly one-third of rapes occur at the victim's and one-fifth
occur on the street. About one-third of completed or attempted rapes involve force or the
threat of force. A study prepared for the National Institute of Law Enforcement and Criminal
Justice indicated
CRISMARK that women who physically resist attempted rapes are somewhat more likely
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 to be successful in avoiding a completed rape. However, that study also indicated that women
who resist are more likely to be injured than women who do not resist.

General Considerations in Rape Cases

A man may force a woman to submit to him by beating her or threatening her verbally or with a
weapon.

Statutory rape refers to sexual intercourse with a female who is under 12 years of age.

Rape is one of the nation's most underreported crimes. The actual number committed may be two or
more times the number reported. Many rape victims do not report the crime to police because of
shame or fear. Some dread the possible humiliation of media publicity or being asked embarrassing
questions by police or, later, in a courtroom. Also, many rapists threaten to kill their victims if the
women go to the police.

It is not necessary that the penis penetrates deeply into the vagina to accomplish the crime of rape.
Most courts have held that merely insertion between the labia, the folds of the skin covering the
opening of the vagina, is sufficient to constitute the crime.

The indications of rape vary widely depending largely upon the age and size of the victim and whether
or not the victim is or was accustomed to sexual intercourse.

It is generally simple to determine if rape has been committed when the victim is a child below the age
of 12 years. Tearing of the vaginal opening accompanied by bruising and bleeding will be evident if
there has been a forceful entrance of the penis into the vagina. There are usually stains of blood and
semen on the victim's clothing,

When the act of sexual assault is done on a young or a woman unaccustomed to sexual intercourse,
evidences of the act are usually present although not as pronounced as in the case of a minor. If there
is no actual tearing of the tissues about the opening of the vagina, there are usually abrasions,
swelling, and black and blue areas. Bleeding may be extensive or it may be entirely absent. Semen
may usually be found in the vagina, on the body, on the clothing or on the surface where the act was
committed.

However, cases involving women accustomed to sexual intercourse offer the greatest difficulty to the
investigator and the medico-legal officer. If the victim offered considerable resistance to the act, there
will usually be evidence of injury about the vaginal opening.

The often question that arises when the dead body of a woman or young girl is found is whether rape
was committed in connection with the homicide. Regardless of the actual cause of death, it is of
extreme importance that the body, clothing and the immediate area where the body lies remain
undisturbed until a proper investigation is done. This is necessary to determine whether or not a
sexual assault took place and to prevent evidence from being destroyed which might lead to the
identity of the perpetrator.
Rape alone can seldom cause death immediately. Death usually results from some form of violence
used to overcome the resistance of the victim to the sexual attack. Often, the cause of death is
asphyxia due to choking, smothering, strangulation with a mouth gag or similar violence. Occasionally
stabbing, cutting or bullet wounds will be the cause of death. The investigator should also bear in
mind that a woman or child will sometimes be murdered and then raped after death.

Most experts believe the primary cause of rape is an aggressive desire to dominate the victim rather
than an attempt to achieve sexual fulfillment. They consider rape an act of violence rather than
principally a sexual encounter.

In the United States, rape is the most serious form of sexual assault punishable by law, but the
definition of what constitutes rape varies from state to state. In all states, if a man forcibly subjects a
woman who is not his wife to sexual intercourse against her will, he has committed the crime of rape.
Recently, an increasing number of states have extended the definition of rape to include certain
nonconsensual incidents of intercourse even if force was not involved - and the rape of one's spouse.
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In other states, MARIANO
rape remains narrowly defined as forcible sexual intercourse, but separate statutes
58
 address other forms of sexual assault, including nonconsensual (but unforced) sexual intercourse and
unwanted sexual activity other than intercourse.

Many other countries also provide legal redress for women who are raped. However, some countries
expect that women will be by sexual taboos (social prohibitions) rather than by criminal law. National
military codes and international agreements such as the Geneva Convention (1949) prohibit rape by
soldiers during times of war or civil conflict. However, in some instances military leaders have actually
tolerated even encouraged rape, either as a "reward" for soldiers or as part of a campaign of terror.
Recently, human rights organizations have sought to protect women around the world from sexual
violence and to hold those who victimize women, even during wartime, accountable.

Special Considerations for Sexual Assault Evidence

Mr. George Schiro, Forensic Scientist, Louisiana State Police Crime Laboratory, suggested the
following general guidelines in the collection and preservation of evidence in sexual assaults
cases.

- When dealing with sexual assaults, the investigator usually has a living victim who can
provide the investigator with information which will help in collecting and preserving the
pertinent evidence. The investigator should glean as much information as possible, so he
or she will know which evidence to collect.
- Any information should be passed on to the crime laboratory, so the forensic scientists
will know how to process the evidence submitted. Evidence should never be submitted
without communicating relevant information.
- When dealing with sex crimes, the victim should be taken to the hospital immediately and
the examination started as soon as possible.
- Photographs should be taken to document any injuries which the victim received.
- If necessary, oral, vaginal, and/or anal swabs should be taken from the victim and air
dried for one hour in a moving air source as soon as possible. They should be collected as
soon as possible because the body begins breaking down the various components in
seminal fluid through drainage, enzyme activity, pH, etc.
- The swabs should be air dried under a fan for at least one hour. This can either be done
by the doctor at the hospital, or, upon collecting the kit from the doctor, the investigator
should bring it immediately to a secure place and air dry it.
- The reason for this is that the moisture in the swabs allows microorganisms to grow
which can destroy the evidentiary value of the swabs.
- Known saliva samples from the victim must also be air dried along with any other wet or
moist samples (not including whole blood samples, vaginal washing or any other liquid
samples collected).
- Usually, the best sample of seminal fluid comes from the swabs, as long as they are
preserved properly.
- The next best place is usually the victim's panties because the seminal fluid will drain
into the panties (if the assault was vaginal or anal in nature). The stain will sometimes be
better preserved because the seminal fluid tends to dry faster in the panties.
- If the panties have wet stains, then they should be air dried as soon as possible before
packaging.
- Clothes can be a good source of seminal fluid if the assailant ejaculated on the victim's
clothes. The clothes can also be a source for the suspect's blood, hairs, fibers, or other
evidence transferred to the victim from the suspect. Clothing should be air dried before
permanent packaging and each article of clothing should be packaged separately.
- Bed sheets, comforters, spreads, etc. can also be a source of evidence from the suspect.
The value of this type of evidence should be carefully considered by the investigator before
collecting it.
- If the bed is a "high traffic" area, meaning that numerous people have had access to the
bed and the bed sheets haven't been cleaned in a long time, then it won't have as much
evidentiary value as a bed where only one person had access to it and the sheets have
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 - The investigator should use the side lighting technique to look for any loose trace evidence
on the sheets which may be lost during handling and packaging. This evidence should be
placed in a paper packet and then placed in an envelope.
- If the sheets have wet stains and these can be attributed to the rape, then the investigator
should circle these stains and inform the crime lab that those are the relevant stains to be
examined.
- The investigator should note that he or she circled the stains and as always, air dry the
evidence before permanently packaging it. The investigator should neatly fold the sheets
inward to prevent the loss of any other loose evidence. The sheets can then be packaged
separately in paper bags, air dried if necessary, and submitted to the crime lab.
- If a suspect is established in a rape case, then reference samples should be collected from
the suspect for comparison. These samples should include: a whole blood sample in a red,
yellow, or purple top "Vacutainer"; a saliva sample (air dried); 15-20 pulled head hairs;
and 15-20 pulled pubic hairs.
- If the suspect is captured within 24 hours and it can be established which clothes and/or
shoes he wore during the attack, then the items should be packaged separately and
submitted to the crime lab. Sometimes trace evidence from the victim such as hairs,
fibers, blood, etc. can be found on the suspect's clothing.
- The key to proper collection, preservation, analysis, and overall usefulness of evidence is
open and plentiful communication between investigators, forensic scientists, and
prosecutors. This will make the most of the evidence which can make or break a case.
- The investigator should remember that each crime scene is different and crime scene is a
learning process. The investigator should also keep in mind that different crime labs like
their evidence collected in different manners.
- This is why the investigator should not hesitate not call his or her crime lab if he or has a
question or a problem on the collection or preservation of evidence.

Evidence of Semen in Victim's Body

In cases of rape committed against the child or virgin, evidence of bleeding and tearing of the
tissues is usually so pronounced that there is no doubt about the act having occurred.
However, in the case of the woman accustomed to sexual intercourse, and particularly if she
has borne children, it is often impossible to tell with certainty from the physical appearance
of the body if she has been sexually attacked. It then becomes of paramount importance to
find traces of semen, if they are present.

Semen is a colorless tenacious fluid that contains minute organisms known as

spermatozoa, commonly called sperms. Under the microscope each sperm looks somewhat
like a miniature tadpole, consisting of an egg-shaped head and a long fine tail, and having the
length of 0.05 millimeter. The spermatozoa die when the semen dries but preserve their shape
indefinitely if they are not destroyed in the drying process. Dried semen has no smell, but
fresh semen has a very characteristic odor.

Finding spermatozoa in the yagina of a woman who is accustomed to intercourse may or may
not be evidence of a sexual assault, depending largely upon how long previously she has had
intercourse. Very few reliable observations have been made on the length of time that
spermatozoa may be found in the vagina of a living woman after intercourse. Cases have been
reported spermatozoa in the vagina after seven hours while others have been reported finding
them as long as 48 hours after intercourse.

When semen dries on clothing or similar articles, the stain usually has a starchy appearance.
If it is very small quantity, it be very difficult to find. The location of the stains is easily
determined under ultraviolet light because of their characteristics and strong luminescence
and it is very easy to mark out the suspected area.

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 In cases of sexual homicide, a vaginal swab should always be taken at the autopsy, because
spermatozoa may be found in the vagina for a considerable period after death.

Evidence on the Victim and Suspect Clothing

In addition to the examination of the victim's clothing for semen stains, a very careful search
should also be made for fibers of clothing belonging to the suspect. Likewise, the clothing of
the suspect should be carefully examined for minute fibers of the victim's clothing. The
clothing of both the victim and the suspect should be further carefully search for evidence of
soil, grass fibers and other mineral which may be peculiar to the particular locality where the
crime was committed. The suspect's clothing might have stains that may contain the
characteristic vaginal epithelial cells and bacteria, the presence of which conclusively shows
that the man has had intercourse with a woman.

The seizure of wearing apparel that has relation to sex offense must be made as soon as
possible, because it has often happened that an important trace has been destroyed by the
washing of the clothes. The most common parts of wearing apparel carrying semen stains are
blouses, nightgowns, slips, shirts, trousers, underwear, stockings, corsets, and garters.
Handkerchiefs are another good probability.

The packing of wearing apparel or objects carrying stains of semen must be done in such a
manner that there is no friction whatsoever against the stains. When dry, these stains are
very brittle and will break in small particles, which can be lost. The friction may also cause
the breaking of the spermatozoa. It should be absolutely forbidden, for instance, to roll a
piece of clothing for transport.

The suspected pieces of clothing should be laid gently between two sheets of cardboard or
similar material, which are tied or taped together so that friction is avoided. If fluid semen is
found, it should be put in a test tube, although it is preferable in cases where it is nearly dry
to let it dry thoroughly before it is transported. Smaller objects, such as hairs, should be put
in a test tube and corked

Semen stains and other body fluids as well as other body tissues can be subjected to DNA
testing to determine identity of the owner.

Finger Nail Scrapings

Unless rendered unconscious, the victim in sexual assault usually offers resistance to the
attack. In such cases, she will be scratched and skin will be gouged out by the finger nails or
her attacker. Consequently, important evidence can often be obtained by a careful
examination of the fingernail scrapings.

If the suspect is actually the guilty party, minute particles of skin, blood, hair and cosmetics
can often be found and sometimes positively identified as having come from the victim. Small
fibers may be found which can be identified as having come from the victim's clothing.

Likewise, the nail scrapings of the victim should be carefully examined in the laboratory as
material may be obtained which definitely indicates the guilt of the suspect.

Rape Drugs

The use of drugs, mostly alcohol, by sex abusers to sedate their "prey" has been practiced for
many centuries. But there are numerous drugs in the market potentially more dangerous to
their arsenal. To name a few of the most commonly used "rape drugs":

RohypnolNALING
CRISMARK (flunitrazepam)
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 Rohypnol, street-named as "roofies," ''ruffies," "rophies," 'roofenal," 'roachies," "roche,”
"La Rocha," "rope," and “the forget pill" is manufactured by the pharmaceutical company F.
Hoffman-La Roche. This drug is primarily used as a surgical anesthetic or sleeping pill in
countries.
Rohypnol is a cheap and powerful drug. A white, dime-sized pill that dissolves quickly in
alcoholic and other beverages, such as soft drinks. This hypnotic sedative enhances the
effects of alcohol in the form of decreased inhibition, sleepiness, and memory loss. Many
other drugs, primarily from the same family of drugs as Rohypnol (benzodiazepines), can
also used as "rape drugs. "

Known as a "date rape drug' in high schools, on college campuses, and in other
communities, it is being used (mostly by men, according to recent criminal to cases) to
secretly sedate and sexually assault women and men. The pill is dropped into drinks at
bars and parties, leaving roofie recipients open to suggestion, physically weak, and perhaps
most troubling of all, without memory of events that transpire after the drug takes effect.
This has made prosecution of "roofie-rape" cases challenging, as people report waking up
naked and alone in strange hotel rooms, for example, without any idea of how they got
there and who was involved.

Rohypnol creates a bitter taste when dissolved in alcohol. Be aware of the color, texture,
and taste of your drinks. Avoid accepting pre-purchased, open drinks of any kind from
strangers and casual acquaintances. Rohypnol's misuse also makes it advisable not to
leave drinks unattended, even in familiar surroundings.

There is good news about Rohypnol. The manufacturer recently reformulated the drug to
make
it more detectable. When put in a light-colored drink, new Rohypnol will now turn the
beverage bright blue. Consumers of darker-colored beverages should be tipped off by a
cloudy appearance. The drug will also dissolve more slowly and form small chunky pieces.

It's possible for people who were sexually assaulted and suspect that they were drugged to
be tested for the presence of Rohypnol and other drugs. These drugs can usually be
detected in urine for about three days after ingestion, sometimes even a little longer.
However, the sooner someone is tested, the better. Most rape crisis centers and hospitals
will be able to run these tests.

However, until roofie is run out of town, or loses its status as a drug of the day, prevention
and education is the best way to protect yourself and others. So, spread the word.

GHB (gamma hedroxybutyrate)

This is one of the newer club drugs. It is also being slipped into drinks and has become
known as "Easy Lay" which produces psychedelic effects for the recreational user and has
a sedating effect at higher doses.

In the constantly changing, and sometimes oh-so-trendy, club and party drug scene, GHB,
street-named "Grievous Bodily Harm," appears to have blown Ecstasy (N-methyl-3, 4-
methylenedioxyamphetamine, or MDMA, and X for short) right off the dance floor over the
past year or so. GHB, like many other drugs available, has been around for a long time. It
was developed in the 1980s as a surgical anesthetic, but then it became popular as a
muscle-building and weight-toss potion.

The sometimes unpredictable effects of GHB vary from one person to the next, along with
its potential to cause memory loss, vertigo, reduced heart rate, seizures, respiratory failure,
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 and even coma, prompted the government to ban its use and sale, except for licensed
research.

GHB is commonly used with other drugs, including X, and this fact of drug life today
clouds both certainty about its effects, and whether serious incidents associated with GHB
were caused by that drug, or its combination with other substances. GHB seems to be
particularly dangerous when mixed with alcohol.

GHB is often called "Liquid Ecstasy" because it comes in small little bottles, with a capful of
GHB providing users with X-like desires to be "touchy-feely." However, its overall impact is
likened more to that of acid than Ecstasy. This makes sense because GHB is a psychedelic
sleep-inducer. whereas X is a speedy amphetamine. GHB is a powerful sedative that can
leave the body limp and tired. X is frequently taken along with GHB to counteract this
sedation.

GHB may or may not be addictive, but our society's addiction to the "better time,” the
"bigger TV," the "fancier car," etc., drives most of us, sometimes, to forget our present
satisfaction in the pursuit of an even peachier life. Yes, different, stronger drugs can
produce higher highs, but they can also bring on new risks, responsibilities, expectations,
and relationships including how your drug use affects people close to you.

Yes, unfortunately GHB is being used as a date rape drug, but the number one date rape
drug is alcohol.

PROGESTEREX

Progesterex is essentially a small sterilization pill, available to veterinarians to sterilize

large animals like horses. The pill easily dissolves in drinks. Any female who takes the drug
will never be able to conceive. The effect is not temporary but permanent.

The drug is now being used together with Rohypnol by rapists at parties to sedate and
sterilize their victims. The victim does not conceive from the rape and the rapist need not
worry about having a paternity test identifying him months later.

A woman, at a nightclub, was taken by 5 men, who gang raped her before dumping her.
The woman ca not remember a thing the next morning of all that had taken place the night
before. According to hospital and reports, test later confirmed the repeat rapes and along
with traces of Rohypnol in her blood, was Progesterex.

The rapist can get this drug from anyone who is in the vet school or any university. There
are even sites on the Internet telling people how to use it.

IV.COMPREHENSION CHECK-UP:
1. Enumerate different drugs used by abuser to sedate their prey or victim.
2. What is the common evidence left in the victim and suspect’s clothing of a rape cases?
3. Is there any chances for a men to be raped? Support your answer.
4. What is the colorless tenacious fluid that contains minute organisms known as
spermatozoa, commonly called sperm?
5. What do you call to sexual intercourse with a female who is under 12 years of age.

I.OBJECTIVE: The students will be able to;

 Understand the legal definition of Abortion
 Identify who is liable for abortion and the penalty thereof.
 Discussed the different types of abortion.
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 Determine theMARIANO
general considerations for abortion.
63
  Determine what is Blackmail and other related cases.
 Identify how Blackmail is being committed.
 Identify what is the different crimes may be committed by a public officer in relation to
blackmail.
 Differentiate Direct Bribery, Indirect Bribery, Corruption of Public Official and Extorion.

II.TIME FRAME:
Week 12- November 12, 2020
3 hours

III.TOPIC:
LESSON 11
INVESTIGATION OF ABORTION
Introduction
Abortion is the ending of a pregnancy before birth, resulting in, or accompanied by, the death
of the fetus. It be a spontaneous (unintentional), commonly known as miscarriage, which
naturally occurs because a fetus does not develop normally or because the mother has an
injury or disorder that prevents her from carrying the pregnancy to term. Abortion may also
be induced - that is, intentionally brought on - because a pregnancy is unwanted or presents
a risk to a woman's health.

Modern medical techniques have induced abortions simpler and less dangerous. Induced or
intentional abortions are performed using one of several methods. The safest and most
appropriate method is determined by the age of the fetus, or the length of pregnancy, which is
calculated from the beginning of the pregnant woman's last menstrual period (LMP)

Most pregnancies last an average of 39 to 40 weeks. This period is divided into three stages
known as trimesters:

- first trimester consists of the first 13 weeks

- second trimester spans weeks 14 to 24
- third trimester lasts from the 25th week to birth.

Abortions in the first trimester of pregnancy are easier and safer to perform while abortions in
the second and third trimesters require more complicated procedures and pose greater risks
to a woman's health. A pregnant woman's risk of death from a first-term abortion is less than
1 in 100,000. The risk increases by about 30 percent with each week of pregnancy after 12
weeks.

Legal Definition of Abortion

Articles 256 to 259 of the Revised Penal Code, as amended, classify abortion as Intentional
and Unintentional; define the persons who and how they are liable; describe the
circumstances attendant in the commission of the act, and prescribe the ranges of penalties
to be imposed.

"Art. 256. Intentional abortion. - Any person who shall intentionally cause an abortion shall
suffer:

- The penalty of reclusion temporal, if he shall use any violence upon the person of the
pregnant woman.
- The penalty of prision mayor if, without using violence, he shall act without the consent of
the woman.
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 - The penalty of prision correccional in its medium and maximum periods, if the woman
shall have consented.
-
Intentional Abortion is committed by a person who shall use any violence upon the person of
the pregnant woman; without using violence, he shall act without the consent of the woman;
or if the woman shall have consented.

"Art. 257. Unintentional abortion - The penalty of prision correccional in its minimum and
medium period shall be imposed upon any person who shall cause an abortion by violence,
but unintentionally.

"Art. 258. Abortion practiced by the woman herself or by her parents. - The penalty of prision
correctional in its medium and maximum periods shall imposed upon a who shall practice
abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of
prision correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of them and they
act with the consent of said woman for the purpose of concealing her dishonor, the offenders
shall suffer the penalty of prision correccional in its medium and maximum periods.

"Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. - The
penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon
any physician or midwife who, taking advantage of their scientific knowledge or skill, shall
cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician, shall dispense any
abortive shall suffer arresto mayor and a fine not exceeding 1, 000 pesos.”

General Considerations

It is very difficult to obtain conviction for homicide due to criminal abortion for so many
reasons.
Generally, there are only two witnesses to the unlawful operation, one of whom is dead. If the
relatives of the victim have knowledge of the circumstances of the death, they are usually
reluctant to assist or proceed with the prosecution of the publicity involved. This makes a
dying declaration very essential to a successful prosecution.

Terminating pregnancy for the purpose of saving the life, health or reason of the pregnant
woman is recognized as lawful procedure and is done frequently by the medical profession. To
terminate pregnancy merely for the purpose of destroying fetal life in either a married or
unmarried woman is recognized as a crime by both the law and the medical profession.

No reputable doctor will indulge in the practice of abortion. But there are always individuals,
both in and out of the medical profession, who will perform abortions for the money involved.

Development of Pregnancy

Pregnancy takes place when the sperm (spermatozoa) from the male breaks through the cell
wall of the ovum and fertilizes it. For pregnancy to take place, the sperm ejected into the
vagina must propel itself into the mouth of the uterus. Goes up along the wall of the uterus,
out through the Fallopian tube and meet the ovum near the outer end of the tube.

The sperm burrows through the wall of the ovum, if present, unites with the contents and a
pregnancy is started. The fertilized ovum slowly passes down through the Fallopian tube.
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 When it reaches the uterus, it has developed to a state where it attaches itself to the inside
wall of the uterus and begins to grow.

Early in a pregnancy, the fertilized egg that grows and develops is called an embryo. After
three months of development, it is usually called a fetus. After a period averaging nine
months and five days from the first day of the last menstrual period, the fetus is fully
developed and the muscle wall of uterus starts to contract. Assisted by the squeezing action
of the abdominal muscles, the mouth of the uterus dilates and the baby is forced out through
the vagina and is born.

Anything which will destroy the life of the embryo, from the fertilization takes place until the
baby is able to live outside of the uterus, will cause an abortion. An abortion causes the
embryo or fetus to die.

In a spontaneous abortion, also called a miscarriage, the fetus passes out from the woman's
body. Spontaneous abortions may result from such natural causes as an abnormality in the
embryo, a hormonal imbalance, a long-term disease, or some other disorder in the woman. In
an induced abortion, the fetus is purposely removed from the woman's body. If a fully formed
baby is born dead at or near the time for its normal delivery, it is a still-birth.

Methods Employed In Abortion

In first trimester pregnancy, the most common method is suction curettage, also known as
vacuum aspiration. This method involves removing the fetus by suction, then scraping the
woman's uterus with surgical instruments called curettes.
Abortion can also be caused in the first trimester by a drug called mifepristone or RU-486. The
drug blocks the action of the hormone progesterone in the woman’s body. Normally, this
hormone prepares the woman’s uterus to receive and nourish the embryo.

In the second trimester, many physicians use a method called dilation and evacuation, or
simply D and E. In this method, the fetus is taken apart in the uterus and removed. Another
method involves adding a salt solution to the amniotic fluid, the liquid that surrounds the
fetus. The fetus then dies and passes out from the woman’s body. A second-trimester
abortion also be performed by adding hormone-like drugs called prostaglandins to the
amniotic fluid. The drugs cause muscle reactions that expel the fetus.

Criminal abortions are usually performed under conditions which would not tolerated in a
regular hospital. The woman is not prepared for operation as she would be for a regular
surgical procedure. The abortionist is usually not equipped to carry out sterile surgical
technique. The end result is usually infection which is he cause of many deaths.

The means women use themselves to try to produce an abortion are dangerous. Some women
may even go to the extent of banging their abdomen against an object or jump from a
considerable height to cause an abortion. There are eases of women inserting all sorts of
devices into the vagina and uterus. Under such conditions there is generally no antiseptic
technique whatsoever. The instrument used frequently does not enter the uterus at all, but is
plunged up in the back of the uterus into the abdominal cavity where it may perforate the
intestines or other organs. Death from infection under such circumstances may result.

History of Abortion

Abortion has been widely known, practiced, and debated since ancient times. The ancient
Hebrews had laws against abortion, but they permitted it in cases where the mother's life was
at risk.

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 The early Christian church generally opposed abortion. For hundreds of years, however, the
church debated whether abortion might be justifiable before animation. Church scholars
defined animation as the point at which the fetus received a soul. According to church
teachings, animation occurred between 40 and 80 days after conception (fertilization).

From about the 1300’s to the 1800's, abortion before animation became generally accepted in
Europe if the pregnancy endangered the life of the mother. If an abortion before animation
took place for a less serious reason, many church scholars considered it to be wrong, but not
homicide.

In 1869, Pope Pius IX condemned abortion from the moment of conception, but some
Catholic church scholars continued to teach that abortions performed to save the mother
were morally acceptable. In 1895, the Roman Catholic Church declared that abortion is never
justifiable. Today, the Catholic church condemns all forms of direct abortion - that is, the
intentional ending of pregnancy. Current Catholic teaching permits indirect abortion, in which
the fetus is lost as a side effect of medical treatment designed to save the mother's life.

The Abortion Debate

Induced abortion has been a topic of dispute for hundreds of years. People disagree on two
basic questions.

- One question is whether the law should permit a woman to have an abortion and, if so,
under what circumstances.
- The other is whether the law should protect the unborn.
-
Those who wish to legally limit or forbid abortion describe their position as "right-to-life" or
"pro-life." Those who believe a woman should have the right to an abortion refer to themselves
as “pro-choice.”

Arguments against abortion are generally based on the belief that:

- an abortion is the unjustified killing of an unborn child;

- human life begins as soon as a sperm fertilizes an egg;
- human embryos and fetuses should have legal rights;
- abortion is actually a form of murder;
- legalization of abortion increases the number of irresponsible pregnancies and leads to a
disrespect for human life.

The Roman Catholic Church is probably the leading opponent of abortion. Conservative
branches of other religions also disapprove of abortion.

Arguments for abortion would allow abortion under certain circumstances:

- if a woman's life or health is endangered by her pregnancy;

- if medical tests predict that the child will born with a serious mental or physical defect
- when a pregnancy has resulted from rape or incest;
- a woman should have an unrestricted right to an abortion, especially before the fetus
becomes viable - that is, capable of living outside the mother's body. Most fetuses become
viable after the sixth month of the pregnancy.

People who favor an unrestricted right to abortion during early pregnancy often separate
human life from personhood. They argue that personhood includes an ability to experience
self-consciousness and to be accepted as a member of a community. These people believe
fetuses are not persons and thus should not be granted the rights given to persons. Such
pro-choiceNALING
CRISMARK thinkers consider birth the beginning of personhood.
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 Another pro-choice argument is that legal abortion eliminates many of the illegal abortions
performed by unskilled individuals under unsanitary conditions. These abortions cause many
women permanent injury or result in their deaths. Also, some argue that women should not
have to give birth to unwanted children because the world's population is growing rapidly and
natural resources are becoming scarce.

Practice of Abortion

Abortion has been practiced around the world since ancient as a crude method of birth
control.
Although many religions forbade or restricted the practice, abortion was not considered illegal
in most countries until the 19th century. However, there were laws during this time that
banned abortion after quickening - that is, the time that fetal movement can first be felt.

In 1803 England banned all abortions, and this policy soon spread to Asia, Africa, and Latin
America. Throughout the middle and late 1800s, many states in the United States enacted
similar laws banning abortion. In the 20th century, however, many nations began to relax
their laws against abortion.

The former Union of Soviet Socialist Republics (USSR) legalized abortion in 1920, followed by
Japan in 1948, and several Eastern European countries in the 1950s. In the 1960s and
1970s, much of Europe and Asia, along with the United States, legalized abortion.

An estimated 50 million abortions are performed worldwide each year. Of this number, a large
percentage are performed illegally with disastrous consequences - illegal abortion accounts
for an estimated 60,000 to 120,000 deaths worldwide each year, or about one in five
pregnancy-related deaths. Illegal abortions are more likely to be performed by untrained
people, in unsanitary conditions, or with unsafe surgical procedures or drugs.

In some African countries, illegal abortion may contribute to up to 50 percent of pregnancy-

related deaths. In Romania, where abortion was outlawed from 1966 to 1989, an estimated
86 percent of pregnancy-related deaths were caused by illegal abortion. In countries where
abortion is legal, less than 1 percent of pregnancy-related deaths are caused by abortion.

Abortion in Other Countries

Abortion in the United States is a subject of public debate. Opinion polls show that most
people think abortion should be legal. These people might disapprove of abortion or disagree
with some of the reasons that women seek abortions, but they would permit a legal choice.
Some believe that only the states - and not the federal government - should regulate or
outlaw abortion.

Before the mid-1800’s, abortion was not a crime under U.S. common law if it took place
before
quickening. Quickening is the time when the mother first feels the fetus moving. State laws
prohibiting abortion began to appear in the 1820’s. By 1900, every state except Kentucky had
made abortion a serious crime. But some courts refused to impose penalties for early
abortion.

By the 1960's, pro-choice organizations in the United States had begun working to change
state abortion laws. By the early 1970's, 14 states had laws permitting abortion if the
woman's health was in danger or if the woman was a victim of incest or rape.

In 1973, the Supreme Court of the United States delivered a historic decision on abortion in
the case of
CRISMARK Roe v.MARIANO
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68
abortion during the first trimester (three months) of pregnancy. The court based this ruling on
the assumption that an early abortion is usually safer for the woman than a pregnancy that
lasts a full nine months. The court also ruled that, during the second trimester, states may
regulate abortion only to protect women's health. Once the fetus becomes viable in the third
trimester, states may regulate abortion to protect the interests of both women and the
unborn. The Roe v. Wade decision stated that the US. Constitution implies the right of
privacy and allows a woman to decide for herself if she will have an abortion.

The 1973 decision also dealt with the question of when a fetus becomes viable. It stated,
"Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at
24 weeks." The court said that states may forbid abortion of a viable fetus except when the
abortion is necessary to protect the life or health of the mother.

Since the Roe v. Wade decision, many groups have organized in the United States to oppose
abortion and the legislation and court decisions that permit it. These groups include the
National to Right to Life Committee and the Christian Coalition as well as Operation Rescue,
which conducts demonstrations near abortion clinics. Most pro-life groups strongly oppose
illegal acts. However, some individuals have vandalized, bombed, or set fire to abortion
clinics. Others have attacked and killed doctors and other clinic employees.

Pro-choice groups also have expanded their efforts. They contact lawmakers, hold
demonstrations, and attack restrictive abortion laws in court. Pro-choice organizations
include NARAL Pro-Choice America, the Planned Parenthood Federation of America, and the
National Organization for Women.

Since 1973, some Supreme Court decisions have limited the influence of Roe v. Wade. One
example is the case of Webster v. Reproductive Health Services (1989). The court ruled that
States may require physicians to test the viability of a fetus before performing an abortion on
a woman pregnant for 20 weeks or more. The court also ruled that states may outlaw
abortions in public hospitals and prohibit public employees from assisting in abortions.

Following the Roe v. Wade decision, the federal government and many state governments
began to pay for abortions for poor women under Medicaid program. Many opponents of
abortion objected to this use of government funds. In 1977, the Supreme Court ruled that the
government was not obligated to finance abortions considered unnecessary to preserve the
mother's physical or emotional health. In 1980, the court said the government had no
obligation to pay for even most medically necessary abortions. This ruling upheld a federal
law called the Hyde Amendment.

In 1990, the Supreme Court decided that states require minors to obtain parental or court
consent before having an abortion. In Rust v. Sullivan (1991), the court upheld a federal
regulation prohibiting workers in federally funded clinics from giving patients advice about
using abortion as a family planning method. However, the regulation was eliminated in 1993.

In Planned Parenthood of Eastern Pennsylvania v. Casey (1992), both sides of the abortion
dispute asked the Supreme Court to review the ruling in Roe v. Wade. The justices upheld the
ruling by a vote of 5 to 4. The court also ruled that states may require women seeking an
abortion to first receive counseling by a doctor about fetal development and abortion risks.
The court also decided that states may require women to wait 24 hours between the
counseling and the abortion.

The case of National Organization for Women v. Scheidler (1994) was a legal response to
incidents at abortion clinics. The Supreme Court decided that protesters who block access to
clinics can be prosecuted under federal racketeering laws. In 1994, Congress passed the
Freedom of Access to Clinic Entrances Act, which protects abortion clinics and their staff
members NALING
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In Stenberg v. Carhart (2000), the Supreme Court ruled that a Nebraska law banning what
pro-life activists call partial-birth abortions was unconstitutional. The procedure, which
doctors call intact dilation and extraction, involves aborting a fetus after it has been partially
removed from a woman's body. The court stated that the Nebraska law placed an "undue
burden" on a woman’s right to choose an abortion and did not allow the procedure even to
protect a woman’s health. In 2003, however, Congress passed a similar law banning the
procedure. Pro-choice organizations quickly challenged the law in court, and several federal
court rulings blocked full enforcement of the ban.

In September 2000, the Food and Drug Administration approved the sale of the abortion drug
mifepristone, marketed by the name Mifeprex. The decision allows women to purchase pills
through physicians to end pregnancies. Supporters of the drug claimed that it would enable
women to end their pregnancies earlier, more safely, and with greater privacy than before.
The drug had been available in Europe for more than 10 years.

More than two decades since the Supreme Court first upheld a woman's right to abortion, the
debate over the morality and legality of induced abortion continues in the United States.
Although pro-life and pro-choice supporters continue to clash on the issue, a growing number
of individuals and organizations are stepping outside of the debate in of common ground.
Many people hope that broadening the dialogue to include a wider of perspectives will
improve the chances of an end to the controversy.

In other countries, abortion laws differ. Lawmakers in some countries have considered
abortion an effective tool for limiting family size and combating poverty. In China, for
example, abortions are legal and common because the government allows only a limited
number of children per family Chinese women may have an abortion at any time during their
pregnancy. In Russia, abortion is allowed up to the 29th week of pregnancy. Japan restricts
abortions to the first 24 weeks of pregnancy. Both Russian and Japanese women are allowed
to use abortion as a method of birth control.

In the United Kingdom, an abortion may be performed up to the 24th week of

pregnancy. however, it must be shown that continuing the pregnancy would endanger the
physical or mental health of the woman or her children.

Canadian law permits abortion at any time during pregnancy and for any reason. However,
most physicians avoid performing abortions during the later stages of pregnancy and do not
offer abortion as a method of birth control.

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 LESSON 12

INVESTIGATION OF BLACKMAIL

Legal Provisions

The Revised Penal Code of the Philippines, as amended, defines the crime of "Direct Bribery",
"Indirect bribery" and "Corruption of Public Officials" in Articles 210, 211 and 212, respectively.

However, Articles 210 and 211 were further amended by Batas Pambansa Blg. 871, on June
10, 1985, to read as follows:

"Art. 210. Direct bribery. - Any public officer who shall agree to perform an act
constituting a crime, in connection with the performance of this official duties, in
consideration of any offer, promise, gift or present received by such officer, or through the
mediation of another, shall suffer the penalty of prision mayor in its medium and
maximum periods and a fine (of not less than the value of the gift and) not less than three
times the value of the gift in addition to the penalty corresponding to the crime agreed
upon, if the same shall have been committed.

"If the gift was accepted by the officer in consideration of the execution of an act which
does not constitute a crime, and the officer executed said act, he shall suffer the same
penalty provided in the preceding paragraph; and if said act shall not have been
accomplished, the officer shall suffer the penalties of prision correccional, in its medium
period and a fine of not less than twice the value of such gift.

"If the object for which the gift was received or promised was to make the public officer
refrain from doing something which it was his official duty to do, he shall suffer the
penalties of prision correccional in its maximum period and a fine (of not less than the
value of the gift and) not less than three times the value of such gift.

"In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer
the penalty of special temporary disqualification.

"The provisions contained in the preceding paragraphs shall be made applicable to

assessors, arbitrators, appraisal and claim commissioners, experts or any other persons
performing public duties.”

"Art. 211. Indirect bribery. - The penalties of prision correccional in its medium and
maximum periods, and public censure shall be imposed upon any public officer who shall
accept gifts offered to him by reason of his office.
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 ''Art. 212. Corruption of public officials.- The same penalties imposed upon the officer
corrupted except those of disqualification and suspension, shall be imposed upon any
person who shall have made the offers or promises or given the gifts or presents as
described in the preceding articles."

General Considerations
Blackmail
- Blackmail is a crime in which a person, using written or spoken threats of force or
fright, demands money or property to which the person is not entitled.

- The most common method of blackmail is to threaten to expose the victim to the public
by telling the public about certain past misdeeds, whether real or pretended.

- The threat can also be to the physical well-being of the victim or a member of the
victim’s family.

- Blackmail is punishable by imprisonment or fine, or both.

- Blackmail, in criminal law, is an act of attempting to extort money or property by

threats of exposure of crime or of disreputable conduct.

- It is distinguished from extortion in its widest sense, which is the use of any means of
illegal compulsion or oppressive exaction.

- As a rule, defense to the charge of blackmailing does not include the claim that the
person threatened with exposure of criminal or shameful conduct is guilty of the
offenses charged or that the attempt at extortion was not successful.

- Blackmail is a criminal act of extortion, malicious threatening to do injury to another to

compel him to do an act against his will. Usually involves the threat to release
information, often true, about the person that will defame his reputation or bring
criminal actions against him.

- The criminality lies not in the release of the information - at least if true - but in the
extortionate aspects of the threat to do so.

Bribery
- Bribery is the crime of giving or receiving something of value to influence official action.
Both the person giving and the person receiving the bribe are guilty of bribery.

- Bribery is illegal for two reasons:

- it usually involves a public official using his or her office for personal gain;
- it can cause officials to make unfair decisions that affect citizens.

- Bribery is a very old crime. There is evidence of bribery dating back more than 4,000
years.

- Usually, a person who bribes a public official is paying to get special treatment. This
special treatment can come in many forms. For example, a company might bribe an
official to win a government contract.

- Bribing a public official is the most common type of bribery. Officials convicted of
bribery may be fined, removed from office, and sent to prison.

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 - No one knows how often people commit bribery, but many experts believe that most
people who bribe officials are never caught. Bribery is more common in some countries
or parts of countries than in others.

- Bribery is the of giving or something of value to influence official action. Both the
person giving and the person receiving the bribe are guilty of bribery.

- Usually, a person who bribes a public official is paying to get special treatment. This
special treatment can come in many forms. For example, a company might bribe an
official to win a government contract.

- Bribery is defined as giving or promising to give a public official something of value with
a corrupt intent to influence the official in the discharge of his or her official duty. The
public official who solicits or accepts anything of value or a promise of something
valuable, accompanied by a corrupt intent to influence the performance of his or her
public duty, also commits bribery.
- The common law definition limited bribery to conduct concerning the judiciary, but
most modern statutes have extended it to include alt public officials in the judicial,
executive, and legislative branches of the national, provincial, city and municipal
governments. Modern statutes often expand the scope of bribery even further to include
similar conduct relating to persons who are not public officials - for example, athletes
paid by gamblers to intentionally perform poorly in games.
- Bribery is the "corrupt payment or receipt of anything of value in return for official
action". In most states now this definition has been extended to include people who are
not public officials (for example, athletes).

Extortion
- Extortion is the attempt to obtain money or property by threatening to physically harm
a person, injure a person's property or reputation, or accuse a person of a crime.

- The payment, or bribe, is often called hush money.

- The meaning of the term extortion was originally limited to the collection of illegal fees
by a public official. Today, such a crime is called bribery.

- If a private person does it, it is called blackmail. Both crimes are considered kinds of
extortion, and they are punishable by a prison term or fine, or both.

- Extortion, any form of taking or obtaining property from another person by means of
illegal compulsion or oppressive exaction. In common law it is defined as a crime
committed by an officer of the law, who, under cover of office, unlawfully takes any
money or other valuable.

- Extortion or blackmail differs from robbery in that the threats, stated or implied, that
cause the victim to give money or property to the offender are not threats of immediate
violence but rather threats of future harm.

- The intimidation might involve violence - for example, a threat to kill or injure the
victim or a member of the victim's family. Alternatively, the intimidation might consist
of a threat to accuse the victim of a crime or to reveal a devastating secret about the
victim.

- Extortion, obtaining money or property by threat to a victim's property or loved ones,

intimidation, or false claim of a right (such as pretending to be BIR agent).

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 - Extortion, the use, or the express or implicit threat of the use, of violence or other
criminal means to cause harm to person, reputation, or property as a means to obtain
property from someone else with his consent.

- Extortion be defined also as "the obtaining of property from another, with his consent,
induced by wrongful use of actual or threatened force, violence, or fear, or under color
of official right."

- The terms "extortion" and "blackmail" are terms routinely used interchangeably,
obtaining property through the use of either oral or written threats. The threats can be
of physical harm, or harm to one's reputation, livelihood, marriage, etc.

Embezzlement
- In general, embezzlement occurs when a person who has lawful possession of another's
money or property fraudulently converts that money or property.

- In other words, the wrongdoer, often an employee, trustee, fiduciary, or agent, acquires
possession of the property lawfully and then converts the property to his or her own
use.

- The principal distinction between embezzlement and theft is that in instances of

embezzlement, the property is already in the embezzler's possession. In instances of
theft, the property is in another's possession.

- A less important distinction is that theft requires only a slight movement of the
property, but embezzlement requires a conversion of the property - such as the sale of
embezzled property or the spending of embezzled money.

- For a conversion to constitute embezzlement, the wrongdoer must intend to defraud the
rightful owner of the property. Innocent conversions do not qualify, as when a person
honestly believes he or she has a right to convert another's property.
- Embezzlement is defined as "the fraudulent conversion of property of another by a
person in lawful possession of that property". Crime of this nature generally have
involved a relationship of trust and confidence, such as an agent, fiduciary, trustee,
treasurer, or attorney.

Fraud
- Fraud is defined to be "an intentional perversion of truth" or a "false misrepresentation
of a matter of fact" which induces another person to "part with some valuable thing
belonging to him or to surrender a legal right".

- In addition to the traditional criminal definition of fraud, there are many regulatory
laws that have very specific rules that must be complied with. If you do not follow these
rules to the letter, you could be charged with and convicted of fraud.

- Securities Law cover a broad scope of possible types of fraud. Fraud is not limited to
the selling of bogus securities. Securities fraud also involves the sale of legitimate
securities for illegal purposes.

- The laws also make "insider trading" illegal. "Insider trading" generally refers to the
purchasing or selling of a company while in possession of material information that has
not been generally disclosed in the marketplace.

- To win a suit for fraud, you must show that you were truly deceived by the
misrepresentations given and that you reasonably relied on the statement or act to your
detriment.
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 - In other words, your reliance on the action or statement affected your course of action.
And you suffered harm because of the misrepresentation.

- Though this is the basis for an action for fraud, there is an exception. Exaggerated
claims,
- 'sales talk", (e.g., the car salesmen trumpets) or "puffing" are not usually considered
fraudulent since the courts view them as statements of opinion, not statements of facts.

- Half-truths that are misleading are grounds for action for fraudulent misrepresentation.

- You must also show that the person making the statement knew it was an outright lie.
This element be a may be a major hurdle to prove because dishonest are very skillful
and ingenious at disguising their statements, knowing the "fine line" to avoid legal
trouble or face any scrutiny.

Racketeering
- Racketeering is any of several types of illegal activities usually associated with
organized crime groups, such as the Mafia. There are three main types of rackets:

- protection rackets
- labor rackets
- business rackets.

- In a protection racket, an organization uses threats, also called extortion, to force

businesses to pay it money.

- In a labor racket, the offenders steal union funds or use a union's power to force
companies give them money.

- In a business racket, a firm tries to prevent other businesses from competing against it.

- In the United States, racketeering is prohibited under RICO, a section of the federal
Organized Crime Control Act of 1970. RICO is an abbreviation of the section's title,
"Racketeer Influenced and Corrupt Organizations Act." Under RICO, people convicted of
racketeering can be given up t0 20 years in prison for each offense.
- RICO has proved to be a powerful weapon against organized crime. After it went into
effect, a number of U.S. states and many other countries adopted similar laws. The
countries with such laws include Belgium, Germany, Italy, and South Africa.

IV.COMPREHENSION CHECK-UP:
1. What is the crime committed of a public official who shall accepts gifts offered to him by
reason of his office?
2. Who is liable for abortion?
3. When does bribery qualified?
4. What is the liability of a person who shall have made the offers or promises or given the
gifts to a public officials?
5. A fully formed baby born dead at or near the time of its normal delivery is called?

I.OBJECTIVE: The students will be able to;

 Identify what is the organized crime.
 Identify the organizational structure of organized crime.
 Distinguished organized crime between terrorism.
 Determine the symptoms of organized crime.
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broad objectives of terrorism.
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  Determine the terrorist methodology.
 Determine the countermeasures by our government to prevent harmful activities by
organized crime groups and terrorists.

II.TIME FRAME:
Week 13- November 19, 2020
3 hours

II.TOPIC:
LESSON 13
INVESTIGATION OF ORGANIZED CRIME
Introduction
Regardless of name, simply stated, organized crime is a reality; it is not a myth. The invisible
government of crime is incomprehensible to the average citizen. The breadth and sphere of
influence is so fantastic that it is difficult to accurately describe.
It is doubtful that there is a political complex anywhere in existence that cannot be
influenced by one or more segments of the "syndicate"
Racketeering is any of several types of illegal activities usually associated with organized
crime groups, such as the Mafia. There are three types of rackets:

- protection rackets,
- labor rackets, and
- business rackets.
In a protection racket, an organization uses threats, also called extortion, to force businesses
to pay it money.
In a labor racket, the offenders steal union funds or use a union's power to force
companies to give them money.
In a business racket, a firm tries to prevent other businesses from competing against it.

The Mafia
Mafia, the name for a loose association of criminal groups, sometimes bound by a blood oath
and sworn to secrecy. It is a secret criminal society in Sicily. Mafia is also used as a general
term for any underworld criminal organization.
The Mafia is made up of extended kinship groups called Mafiosi and a member is called a
mafioso. The Mafia first developed in Sicily in feudal times to protect the estates of absentee
landlords. These groups originally maintained an ideal of manliness developed during the
1600's, when Sicily was ruled by Spain. The ideal called for refusal to cooperate with
authorities and self-control in the face of hardships.
In personal quarrels, a mafioso took the law into his own hands and gained respect by
using violence. Any offense might trigger a campaign of vengeance called a vendetta.
The members were bound by Omerta, a rigid code of conduct that included avoiding all
contact and cooperation with the authorities.
The Mafia had neither a centralized organization nor a hierarchy: it consisted of many
small groups, each autonomous within its own district. By employing terroristic methods
against the peasant electorate, the Mafia attained political office in several communities, thus
acquiring influence with the police and obtaining legal access to weapons.
By the 19th century the Mafia had become a network of criminal hands that dominated
the Sicilian countryside. Over the next 30 years the Mafia became a power not only in Sicily
but all over Italy as well.
Similar crime groups, such as the Camorra in Naples and the Onorata Societa (Honored
Society) in Calabria, developed in other parts of Italy. Mafiosi unofficially ruled part of western
Sicily in the 1800’s and early 1900's.
Benito Mussolini's Fascist government succeeded for a time in suppressing the Mafia, but
the organization emerged again after World War II ended in 1945.
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 Since the end of World War II (1939-1945), the Mafia in Italy has undergone major changes.
Its rural base has moved into urban areas. It also has faced increased government opposition
and feuds between Mafia groups.
The Italian government began an anti-Mafia campaign in the early 1980s, leading not only
to a number of arrests and sensational trials, but also to the assassination of several key law-
enforcement officials in retaliation. Public outrage was tempered by the arrest in 1993 of the
reputed Mafia leader, Salvatore Riina.
Beginning in the late 19th century, some members of the Mafia immigrated to the United
States and eventually became leaders of American organized crime. They soon became
entrenched in American organized crime, in the 1920s during Prohibition and engaged in
bootlegging
The repeal of Prohibition in 1933 ended most bootlegging. The Mafia (the Italian-American
groups, also called crime families) became active in other illegal practices. Their activities
included gambling, labor racketeering, loan sharking (lending money at unlawful rates of
interest), prostitution, and drug dealing.
Links with the Italian Mafia were also maintained. As in Italy, prosecution of reputed
Mafia leaders in the United States increased in the 1980s and 1990s.
Authorities estimate that thousands of Mafia members and associates operate in the
United States, particularly in New York City and Chicago.
The structure of an organized crime family may be as indicated in Fig. 13.1.

An Organized Crime Family

Chart

BOSS
Consigliere
(Counselor)
 
Underboss

Caporegima Caporegima Caporegima Caporegima Caporegima

(Lieutenant) (Lieutenant) (Lieutenant) (Lieutenant) (Lieutenant)

Soldiers
(Members grouped
under Lieutenant)
Through threats, assault & murder,
Corruption: Police enforce discipline over members, Exercising Control in
and Public Officials non-members & fronts on orders Multi-State Area
from leaders

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With and through non-member
77
associates and fronts-participate in
Symptoms of Organized Crime

- None of the following symptoms can be weighed singularly. Standing alone, they are of little
Legitimate industry Illegal Activities
significance. When viewed collectively, the conclusion is unmistakable.
Food products Gambling
Realty
- Organized crime ultimately requires the collusion ofNarcotics
law enforcement; however, this is where
Restaurants Loan Sharking
a serious mistake in police estimates occur.
Garbage Disposal Labor Racketeering
Produce Extortion
- Before collusion comes complacency and apathy, or in other terms, a feeling of contentment
Garment Manufacturing Alcohol
that there is no organized crime in the community.
Bars and Taverns Others
Waterfront
- How many times have you heard, "Organized crime cannot exist without cooperation from
Securities
law enforcement and that doesn’t exist here.” Initially, an atmosphere of indifference is more
Labor Unions
deadly than singular bribes.
Vending Machines
- Not rating any of the symptoms in a particular order of importance, the discussion has been
purposely limited to four major areas: police, prosecutors, courts, and business.

Police
Figure 13.1
- Joint social participation between ranking police officers and hoodlums or shady
politicians is almost a classic example or symptoms that organized crime has or is about
to make dangerous inroads.

- If this is a continuing accepted thing, then the die is probably already cast.

- Police officers particularly those assigned to vice law enforcement, living above their
apparent incomes, is another indication.

- There is certainly nothing wrong with a new Cadillac, or swimming pool, or a thousand
shares of some mutual stock. However, financial responsibility and a policeman's usually
prohibit these things.

- Police officers with "open accounts" (receive merchandise and is not charged or billed later)
in such places as bars, liquor stores and cafes, carries a much more serious connotation
than most police administrators like to admit.

- Even the continual free cup of coffee can be debated for any journey beings with one step.

- Another symptom is the broad general area of police conduct. Police officers coming up
with poor memories in liquor license revocation proceedings, the loss of important
evidence from the police inventory, the disappearance of police records and reports
regarding hoodlums, and traffic ticket fixing are only a few that should alarm the
community.

- Police supervisors restricting certain types of arrests, particularly vice violations, are also
indicative.

- When a minimum number of vice arrests are made and it is common knowledge that the
community is becoming vice-ridden, then only a certain number of conclusions are
available. Though not always true, one is collusion.

- An unusually friendliness (hunting trips, fishing trips, island excursion, etc.) between
leading defense counsels and policemen lends itself to suspicion and in most cases rightly
so.

- This takes on greater importance if the attorneys are the usual defenders of people
suspected of being racketeers.

- Constant transferring of police personnel assigned to various areas within the department
is recommended by many police administrators.
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 - On the other side of the coin transfers can be used to prevent enforcement activity from
focusing on certain criminals and their activities.
- This is more specifically true when there is no formalized intelligence unit.

Prosecutors

- When the prosecutor consistently declines to take criminals to court, mainly hoodlums
with political connection, only about three conclusions are plausible:

- The police are not properly preparing the cases;

- There was not sufficient legal evidence, even though the police did a good job;

- Because of political or criminal alliances the prosecutor cannot move.

- When organized crime controls the prosecutor's office, the police are severely
handicapped.

Courts

- When a judge invokes a penalty, not consistent with his own severity index, especially
when a racketeer or major vice violator is involved, then the community should take note.

- When witnesses constantly develop losses of memory, or too often fail to appear, or are
beaten, bought or killed, not only do you have a symptom of organized crime, youhave
some lax or incompetent policemen.

- If this is not true, then a second conclusion is that you have a police administration that
has difficulty in discerning the important responsibilities from the less important.

- Favorable post-sentence investigation reports sent to court from probation offices, in

contradiction to an accurate description the defendant’s behavior pattern, can have far
reaching consequences and implications. The consequence, of course, is a breaking of the
judicial chain.

Businesses

- Sudden changes in ownership of long well-established firms, that are engaged in similar
competitive business, may not necessarily be the result of business foresight.

- It may well be a monopolistic, muscle ridden, tactic of the syndicate. It may be generated
by the threat to sell a similar product to drive out the local competitor. Both tactics are
common to organized crime.

- A sudden rise in the number of acts of malicious destruction of property to business

which have similar products may also a prelude to invasion by organized crime.

- The presence of imported labor agitators, not necessarily be an indication of organized

crime activity.

- However, failure to at least consider the act can have dangerous consequences, especially
when it is later discovered that it was a scare tactic to enable the hoodlums to purchase
the business.

- When contracts are let by city government and they are awarded to the same contractors
or businessmen over and over, the community might well be concerned.

- The probability for pay-off increases with each contract, and the community safeguards
are lowered for this is where shady politician is most likely to enter the picture. With him
he brings an organization. Next you have zoning variances that are totally inconsistent.

Recognition of Business-Crime Front

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 - Name and Address of Firm:

- Present name?
- Past names?

- Addresses?

- Business licenses?

- History of the Firm:

- How was present ownership of the firm acquired?

- Was it suddenly?

- Where did the money come from and in what form?

- Executive Personnel:

- Who are the officers at top management level?

- Do these individuals have criminal records?

- What are the family histories of these personnel?

- DO they hold executive meetings at unusual hours?

- Do any of these personnel frequent vice locations?

- Accounting:

- Who does the bookkeeping or auditing for this business?

- What is the general reputation of the bookkeeper or auditor?
- Who are some of the other customers of the auditor and bookkeeper?

- Legal Counsel:

- What attorneys do for their retainer?

- What is the genera] reputation of these attorneys?
- Do these attorneys have questionable clients?
- What law suits have they filed for this firm?
- Who has sued them and why?
- What is their bankruptcy record?

- Profits:

- Is there declared income and overhead consistent with other firms in similar business?

- Does this business have a monitor-free cash income such as vending machines?

- What is their credit rating?

- Raw Materials:

- Do they fail to have problems obtaining scarce items when their competitors are having
problems?

- What are their sources of supply?

- Do they export and import?

- Labor:
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 - Do they employ union labor?

- Do they fail to have union problems where other similar companies are having
problems?
- Do union stewards or officers socialized with company executives away from the job?

- Any complaints of strong arm methods?

- Communication:

- What is the pattern of their toll calls?

- What firms and individuals receive telephone calls from the firm?

- Do they communicate or cooperate with police during routine inquiries?

LESSON 14

INVESTIGATION OF TERRORISM

Introduction
In the Philippines, "acts of terrorism' have been resorted to by the so-called domestic threat
groups in furthering their respective causes. These are the local communist movement, the
secessionist movement and the Abu Sayyaf Group. Overtime, their guerilla/criminal activities
have acquired adherents, to a certain extent, to their cause by exposing popular and critical
issues against the duly constituted government. Bombings, bus burning, hijackings, and
kidnapping are just some of their major "acts of terrorism."

Of late, these activities, especially kidnapping activities perpetrated by criminal groups, became
quite sophisticated, including obtaining inside information about net worth of assets and
knowing which families were holding large sums of cash. Their targets include local and foreign
tourists, and Chinese-Filipino nationals.

The situation then has prompted the government authorities to step-up the campaign against
terrorist activities.

Although most terrorist acts are designed to provoke maximum outrage, and although they are
adept at propagandizing their causes and demands, the philosophy of terrorism and the
personalities of terrorists remain obscure.

What is terrorism? Who is the terrorist? What motivates the terrorists? These are vital questions
that must be if the outrages of our time are to be understood, controlled and perhaps
eliminated.

Definition of Terrorism
The Oxford English Dictionary defines terrorism as "a policy intended to strike with terror those
against whom it is adopted; the employment of methods of intimidation; the fact of terrorizing or
condition of being terrorized."

The Webster's New International Dictionary defines terrorism as the "act of terrorizing, or state
of being terrorized; specif.: a The system of the Reign of Terror. b A mode of governing, or of
opposing government, by intimidation. c Any policy of intimidation.”

The definition of the term in the Oxford Concise Dictionary of Politics (2nd edition) begins: 'Term
with no agreement amongst government or academic analysts, but almost invariably used in a
pejorative sense, most frequently to describe life-threatening actions perpetrated by politically
motivated self-appointed sub- state groups. But if such actions are carried out on behalf of a
widely approved cause, say the Maquis seeking to destabilize the Government of Vichy France
then the term ‘terrorism’ is avoided and something more friendly is substituted. In short, one
person’s terrorist is another person's freedom fighter.”
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The Philippines proposed Anti-Terrorism Act of 2005. Even as the international community has
struggled to provide an appropriate definition to terrorism, this Act defines terrorism as “…the
premeditated threatened or actual use violence or force or any other means that deliberately
tend to cause or actually cause harm to persons, or force and other destructive means against
property or the environment, with the intention of creating or sowing a state of danger, panic,
fear or chaos to the general public or segment thereof, or of coercing or intimidating the
government to do or refrain from doing an act."

The following are acts the State would consider as terrorism perpetrated by any person or group
of persons, whether natural or juridical:

- Threatening or causing death or serious bodily harm to a person or persons;

- Threatening or causing serious risk to the health or safety of the public or any segment of
the public;
- Threatening or causing substantial damage or wanton destruction or resorting to arson on
critical infrastructure or property, public or private;
- Hijacking or threatening to hijack any kind of aircraft, electric or railroad train,
locomotive, passenger bus or other means of mass transportation, or public conveyance,
or piracy of ship or sea vessel;
- Kidnapping or serious illegal detention of any civilian;
- Killing or violently attacking an internationally protected person or depriving the liberty of
such person in violation of the Convention on the Protection and Punishment of Crimes
Against Internationally Protected Persons, including Diplomatic Agents, and other
international agreements;
- Attacking and threatening to attack the cyberspace, by destroying the actual machinery of
the information and communication infrastructure, disrupting the technology underlying
the Internet, government or private networks or systems, or committing any unlawful act
against networks, servers, computers or other information and communication systems;
- Willfully destroying the natural resources in land, water and air, such as forests or marine
resources, or internationally causing oil or toxic spillages, or other similar acts of
destruction against the environment that threatens ecological security;
- Unlawfully manufacturing, processing, selling, acquiring, possessing, using, diverting,
supplying or transporting chemical, biological, radiological or nuclear agents, or
equipment and instruments used in their production, distribution, release or spread; or
- Unlawfully manufacturing, selling, acquiring, supplying, disposing, using or possessing
explosives, bombs, grenades, projectiles, devices or other lethal weapons, or substances or
machinery used or intended to be used in furtherance of, or incident to, or in connection
with, an act of terrorism defined herein.

The United Nation's "academic consensus definition," written by terrorism expert A.P. Schmid
and widely used by social scientists, runs as follows: "Terrorism is an anxiety-inspiring method
of repeated violent action, employed by (semi-) clandestine individual, group or state actors, for
idiosyncratic, criminal or political reasons, whereby in contrast to assassination - the direct
targets of violence are not the main targets. The immediate human victims of violence are
generally chosen randomly (targets of opportunity) or selectively (representative or symbolic
targets) from a target population, and serve as message generators. Threat and violence-based
communication processes between terrorist (organization), (imperiled) victims, and main targets
are used to manipulate the main target (audience(s)), turning it into a target of terror, a target of
demands, or a target of attention, depending on whether intimidation, coercion, or propaganda
is primarily sought."

The UN short legal definition, also proposed by A.P. Schmid: an act of terrorism is the
“peacetime equivalent of a war crime."

In November 2004, a UN panel described terrorism as any act: “intended to cause death or
serious bodily harm to civilians or non-combatants with the purpose of intimidating a
population or compelling a government or an international organization to do or abstain from
doing any act.”

The European Union employs a definition of terrorism for legal/official purposes which is set out
in Art. 1 of the Framework Decision on Combating Terrorism (2002).
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 This provides that terrorist offenses are certain criminal offenses set out in a list comprised
largely of serious offenses against persons and property which, "given their nature or context,
may seriously damage a country or an international organization where committed with the aim
of: seriously intimidating a population; or unduly compelling a Government or international
organization to perform or abstain from performing any act; or seriously destabilizing or
destroying the fundamental political, constitutional, economic or social structures of a country
or an international organization.”

The United States Code of Federal Regulations (28 C.F.R. Section 0.85): "...the unlawful use of
force and violence against persons or property to intimidate or coerce a government, the civilian
population, or any segment thereof, in furtherance of political or social objectives.”

The United States Department of Defense defines terrorism as the "calculated use of unlawful
violence to inculcate fear; intended to coerce or intimidate governments or societies in pursuit of
goals that are generally political, religious, or ideological.”

The U.S.A. Patriot Act: defines terrorism as "activities that (A) involve acts dangerous to human
life that are a violation of the criminal laws of the U.S. or of any state, that (B) appear to be
intended (i) to intimidate or coerce a civilian population, (ii) to influence the policy of a
government by intimidation or coercion, or (iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping, and (C) occur primarily within the territorial
jurisdiction of the U.S.”

The U.S. National Counter Terrorism Center (NCTC) described a terrorist act as one which
was: premeditated; perpetrated by a sub-national or clandestine agent; politically motivated,
potentially including religious, philosophical, or culturally symbolic motivations; violent; and
perpetrated against a noncombatant target.”

The British Terrorism Act 2000 defines terrorism so as to include not only violent offences
against persons and physical damage to property, but also acts "designed seriously to interfere
with or seriously to disrupt an electronic system". This latter consideration would include
shutting down a website whose views one dislikes. However, this, and any of the other acts
covered by the definition would also need to be (a) designed to influence the government or to
intimidate the public or a section of the public, and (b) be done for the purpose of advancing a
political, religious or ideological cause. (the latter three terms are not defined in the Act).

The Threat of Terrorism

Terrorists pose a very real threat to virtually every organization, corporation, institution, and
government in the world. They attack facilities or individuals with the same terrorist personnel,
preparations and detachment. Whether the target is an oil refinery or a corporate executive, to
the terrorist the ends always justify the means.

Terrorist outrages of today are unique since modern technology enables small terrorist bands to
utilize a vast and lethal array of weaponry that can cause sufficient destruction to convince
individuals, businesses, institutions, and even governments to submit to terrorist extortion.

It has been demonstrated repeatedly that by employing terrorist tactics, small groups with a
limited capacity for violence can achieve disproportionately large effects in the world. They
attract
worldwide attention to themselves and their causes; cause worldwide alarm, compel
governments to negotiate with them, and to grant them concessions .

Terrorists have also learned to use the media to communicate their extortionate demands to a
worldwide audience and to carry their propaganda.

Terrorism is not irrational, mindless or senseless violence as often described. To understand

terrorism, it is necessary to think as a terrorist - to see terrorism as a useful, cost-effective
means of getting publicity and exerting political influence.

Terrorism is a campaign of violence designed to instill fear, to create an atmosphere that causes
people to exaggerate the strength and importance of the terrorist movement. Since most terrorist
groups are small and militarily weak, the violence they carry out must deliberately shocking.
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 Even apparently indiscriminate violence is based on the terrible logic that indiscriminate
violence gets the most attention and is the most alarming.

Terrorism is violence for effect. The victims are not always the targets, the people watching are.
Terrorists choreograph violence to achieve maximum publicity. Terrorism is theater. Terrorism
itself is not new, but modern society provides terrorists with new targets and new capabilities:

- worldwide mobility;
- instant access to a worldwide audience through the media;
- new vulnerabilities in a society increasingly dependent on fragile technology;
- new man-portable weapons for the terrorist's arsenal.
-
Terrorism did not begin mysteriously in the 1960's. It has a long history and a full philosophy
that gives its present day adherent a source for strategy and tactics and provides them with
some justification for their deeds.

The magnitude of terrorist violence has been greatly exaggerated. Up to now, the total number
or and casualties and the costs of damage caused by terrorists have been small measured in
terms of the world volume of violence.

General Considerations of Terrorism

Terrorism is the systematic use or threat of violence to achieve political or social goals. The use
of violence as coercion is supported by propaganda that justifies the actions of terrorists.
Terrorism is never an isolated act and is never done as an end in itself. It is a tactic of extremism
and is used as one method of achieving extreme goals.

Terrorism is a strategy that uses violence to coerce a government or other authority into making
changes in policy and to provoke an emotional response from the populace usually in the form of
fear or respect.

Terrorism is the use or threat of violence to create fear and alarm, usually to promote a
movement or cause. Terrorists set off bombs, murder and kidnap individuals, hijack airplanes,
release harmful chemical and biological substances, or take other violent or threatening actions.
Terrorists typically have political, religious, or other ideological goals having to do with beliefs
and idea). They hope to achieve their goals through violence and the creation of fear. Many
terrorists represent revolutionary movements seeking a change in government or liberation from
a governing power. Some hope to attract attention and support for particular political
philosophies or religious beliefs. Others have unclear goals or simply oppose all forms of
authority.

Individuals may commit terrorist acts, but terrorism is usually the work of organized networks
or groups. Many groups operate within a single nation or region. Others have branches and
operations in many countries. Because terrorists generally cannot match the strength of
conventional military forces, they often rely on guerrilla warfare. Guerrilla warfare involves
attacks by roving bands of fighters who torment the enemy with ambushes, bombings, sudden
raids, and other hit-and-run tactics. The fighters blend in with ordinary citizens, strike
suddenly, and try to avoid capture.

In addition to the death and destruction caused by the attacks themselves, terrorists seek to
create panic and fear throughout the general population. They may try to cripple the economy by
destroying bridges, dams, telephone networks, or other essential structures or services. Many
terrorists hope that people observe the attacks will lose their sense of security and their
confidence in the existing government or political system.

All terrorist acts are crimes under international law. Many countries fight terrorism by gathering
intelligence (information); by increasing security at airports, government buildings, and other
likely targets; and by working together with international organizations and with other nations
facing terrorist threats. Some countries train special military and law enforcement units to
confront terrorist situations. Efforts to prevent terrorism are called counterterrorism.

Definitions of terrorism vary because it is perceived differently by its perpetrators, its victims,
and objective bystanders. Despite varying definitions, there are particular characteristics that
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demonstrates. These include:
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 - The systematic use of violence directed at particular targets;
- The selection of targets that will most suitably represent the terrorists goals;
- The use of propaganda to express and disseminate their goals:
- The use of violence outside the normal rules of warfare; and
- The use of fear as a tool of persuasion

Terrorism is the use or threat of violence for the purpose of publicizing the existence, grievances,
or cause of a particular group or as a means to persuasion or coercion of political motives.

It should be clear that terrorism is never an end in itself. It is a tool used to accomplish specific
goals. No act of terrorism is an isolated event; it is one manifestation of a program of persuasion.

Although it may seem isolated or irrational to the victim or bystander, terrorism is always a
natural act based on good judgement in the eyes of the practitioner. Violence directed at
carefully selected targets in a carefully prepared scenario is a powerful tool of persuasion to the
extremist. He believes that violence will cause the populace to recognize his power and the
validity of his goals while those in authority will react to his provocation in predictable ways that
he can manipulate to his own benefit.
Terrorism is popular with extremists because it attracts attention; is persuasive; increases the
chances of his tactical success with minimal commitments of personnel and equipment; and is a
logical vehicle for extremist propaganda.

Broad Objectives of Terrorism

Morale-building within the movement.

Advertising the movement among the general population.

Disorientation of the population through psychological isolation of individuals and destruction of

the structure of authority that was previously a source of security.

Elimination of opposing forces.

Provocation, either forcing the incumbent toward more authoritarian means or causing him to
take such elaborate precautionary defense measures that a general feeling of insecurity is
communicated to the population at large.

These categories of objectives help clarify why terrorism is so widely used by different extremist
organizations. Extremist organizations voicing similar ideologies, and with the above objectives,
will not always implement similar strategies and tactics; specific terrorist tactics are not exact
and constant. They vary with regions, personalities, available resources, and the history of
success of local extremist movements.

Specific strategies and tactics are normally decided upon and implemented only after the
organization has analyzed conditions in its own area.

Tactics may resemble each other closely, but a terrorist tactic is employed for a reason, and
reason will vary with the organization and the setting in which it operates. This does not mean
that terrorists shun imitating other terrorists. On the contrary, there is a great deal of imitation.
A successful tactic is usually and repeated far from its point of origin by different groups.

Who is the Terrorist?

The terrorist is one who employs acts of terror in a systematic program to obtain what he
desires.

A terrorist may be anyone who consciously decides to employ the tactics of terrorism as part of a
systematic program to achieve a goal.

To a terrorist one must recognize terrorism as a tactic and not as a goal in itself and must
employ it as a tool of persuasion.
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 Despite this broad categorization, the majority of those individuals or organizations that are
presently generally agreed to be "terrorists" use violence and threats of violence on a regular
basis to achieve social and political change on a broad scale in their region and in the world.

Features of Terrorism

Terrorist groups and individuals generally attack people who oppose their causes, or buildings
and places that symbolize such opposition.

Common victims of kidnappings and assassinations include business executives, diplomats,

judges, police, and political leaders. Some terrorists attack churches, mosques, synagogues, and
other places of worship. Others target airplanes, trains, and nightclubs.

Terrorists often choose targets certain to attract coverage. Such targets include government
buildings, national monuments and landmarks, and skyscrapers.

Terrorist Methods.

Terrorists seek to create instability and alarm through a number of methods. Traditional
methods include assassinations, bombings, hijackings, and kidnappings. Nether threats include
computer-
based terrorism and weapons of destruction (biological, chemical, and nuclear weapons).

Assassinations.

- Terrorists may seek to create alarm by assassinating government officials or other

prominent individuals.
- Murder committed by a perpetrator without the personal provocation of the victim, who is
usually a government official.
- Individually, too, people have often found reasons to arrange the deaths of others through
paid intermediaries.
- One who kills with no political motive or group loyalty who kills only for money is known
as a hit-man or contract killer.
- First used in medieval times to describe the murders of prominent Christians by the
Hashshashin, a secret Islamic sect, the word assassination is now used to describe
murders committed for political reasons, especially against government officials.
- Assassination may be used as a political weapon by a state as well by an individual; it
may be directed at the establishment or used by it.

Bombings.

- Bombings make up about half of all terrorist acts. Bombs may be placed in cars, back-
packs, garbage cans, suitcases, or elsewhere.
- Many bombings involve vehicles laden with explosives and parked next to a building or
other target. Terrorists may also try to smuggle concealed bombs onto airplanes or into
crowded sports arenas or concert halls.

Suicide Bombings.

- A suicide attack is an attack in which the attacker or attackers intend and expect to
die.
- A bomber may strap explosives to his or her own body and detonate them on a bus or
in a crowded area.
- A bomber may also drive a vehicle packed with explosives and ram it against a
building or similar structure full of people.
- In both cases, if everything goes to plan, the attacker is killed upon impact or
detonation.

Kidnappings.

- Terrorists may also kidnap individuals and hold them hostage until certain demands are
met.
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 - In some cases, terrorists target travelers from other countries in an attempt to discourage
others from visiting.
- Terrorists may also resort to kidnappings for ransom in order to support their logistics.

Hijackings.

- Hijacking is the seizure of a commercial vehicle (airplanes, vessels, buses, etc.) by force or
the threat of force.
- For years, trucks have been hijacked and their cargo stolen.
- Today, hijacking involves chiefly airplanes and is also called skyjacking or air piracy.
- They typically use weapons or bomb threats to gain control.
- Once in control, hijackers may take passengers as hostages and threaten to kill the
passengers if their demands are not met.
- Some hijackers make political demands, such certain policy changes by a nation's
government or the release of imprisoned associates.
- Others demand a large sum of money in exchange for the safe return of the plane and the
people aboard.
- Still other hijackers want to flee a country in order to escape punishment for a crime.
- Another common motive is publicity for some cause or grievance.
- In some cases, hijackers may threaten to blow up an airplane, or they may intentionally
crash a plane into a particular target or a populated area.
- Such hijackings are especially dangerous because planes loaded with fuel can become
"flying bombs" capable of causing great destruction.
- The September 11, 2001 attacks on the World Trade Center in New York City, the
Pentagon Building outside the Washington, D.C. and another hijacked plane crash in
Somerset County, Pennsylvania, is a good example. About 3,000 people died as a result of
the worst skyjacking incident in U.S. history.
- In the September 11, 2001, the use of hijacked planes as suicide missiles changed the
way hijacking was perceived as a security threat.

Biological Attacks.

- Biological attacks Involve the intentional spreading of harmful bacteria, viruses, and
toxins (poisons).
- The use of biological agents to inflict harm is sometimes called germ warfare or bio-
terrorism.
- Bio-terrorists may seek to contaminate food or water supplies; to distribute toxins, such
as ricin; or to spread dangerous diseases, such as anthrax or smallpox.
- They may put harmful bacteria in restaurant salad bars or send contaminated items
through the mail.
- However, many biological weapons are difficult for terrorists to prepare and use effectively.

Chemical Attacks.

- Chemical attacks involve the intentional release of toxic chemicals.

- Some chemical agents affect the central nervous system and can cause paralysis or death.
- Others can burn or damage the skin, eyes, nose, throat, or lungs.
- Dangerous chemical agents include mustard gas, a blistering agent that causes burns and
blindness; hydrogen cyanide, a poisonous gas sometimes used to execute condemned
criminals; and sarin. a deadly nerve gas.
- Terrorists may attempt to buy, steal, or manufacture chemical weapons then disperse
them in crowded areas. However, many chemical weapons are difficult for terrorists to
prepare and use.

Nuclear Attacks.

- Governments have long sought to keep nuclear materials out of the hands of terrorist
organizations.
- As a result, no nuclear terrorist attack has yet occurred.
- However, counterterrorism experts have studied how terrorists might potentially use
nuclear weapons or radioactive materials to conduct attacks.
- Terrorist groups might seek to acquire nuclear devices from an underground weapons
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 - Alternatively, terrorists might try to obtain radioactive materials - such as weapons-grade
plutonium or uranium - and manufacture their own weapons.
- If terrorists are unable to acquire or build nuclear weapons, they might instead try to
cause explosions at existing nuclear facilities.
- Terrorists might also bundle radioactive materials with conventional explosives to create
radiological dispersion devices.
- Such devices - sometimes called "dirty bombs”-could give off invisible radiation capable of
- causing sickness or death.
- The radioactive contamination could keep people out of a vital area, such as a downtown
business section, for months or even years.

Cyber-terrorism.

- This also called Computer-based terrorism which involves the sabotage of computer
information systems.
- Cyber-terrorists may design and circulate computer viruses, which can disrupt computer
operations and destroy data.
- Cyber-terrorists may also seek to steal or alter sensitive or valuable information, or to
attack systems that provide important services.

Other forms of terrorism.

- Terrorists may use any other form of violence or threats of violence to create fear and alarm.
- Some governments use terrorist methods-such as torture and murder to intimidate their
opposition and increase their power.
- The use of such methods by oppressive governments is called state terrorism or state-
conducted terrorism.
- War crimes, genocide, and other international violations may also be considered acts of
terror.

Terrorist Organizations.

Individuals may carry terrorist acts - such as bombings or the distribution of computer viruses -
without assistance from others. However, most terrorists are associated with specific movements
or organized groups. Terrorist organizations vary greatly in terms of size and structure. Most
groups are small and focus on activities within their own nation or region. Other groups,
however, have international networks that carry out attacks throughout the world. One of the
largest global terror groups is al-Qa'eda, which seeks to promote the goals of Islamic extremists.

Most terrorist organizations have a leader or group of leaders who develop strategies and direct
operations. Active terrorists within the organization then carry out the plans. Many terrorist
organizations consist of small groups called cells. Terrorist cells may receive specific instructions
from leaders, or they may plan their own activities based on the organization's central goals.

Terrorist groups generally take great efforts to hide the identities of group members, the
locations of cells, and their channels of communication. Typically, only one member of each cell
knows how to contact the larger organization. As a result, the larger group may remain safe even
if a cell is discovered and destroyed. The secrecy and complexity of the cell structure makes it
difficult for governments to gather information about terrorist groups.

Sources of funding for terrorist groups are usually carefully concealed. Some governments
secretly support or sponsor terrorist groups by providing weapons, training, and money. Some
terrorist groups raise money through criminal activities such as theft or the sale of illegal drugs.
In some cases, a group posing as a social service organization may secretly direct donations,
without the donors' knowledge, toward terrorist causes.

Counterterrorism

Counterterrorism refers to the practices, tactics, and strategies that government, militaries, and
other groups adopt in order to fight terrorism.

Counterterrorism is not specific to any one field or organization; rather, it involves entities from
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For instance, businesses have security plans and sometimes share commercial data with the
government.

Local police, firefighters, and emergency medical personnel (often called ' 'first responders") have
plans for dealing with terrorist attack.

Militaries conduct combat operations against terrorists, often using special forces.

Building a counter-terrorism plan involves all segments of a society or many government

agencies.

Counter-Terrorist Tactical Units

Today, as a result of the numerous transnational pattern of terrorist attacks, many of the
western and Asia Pacific Region countries have special units, designated to handle terrorist
threats.

Besides various security agencies, there are elite tactical units whose role is to directly engage
terrorists and prevent terrorist attacks. Such units perform both in preventive actions,
hostage rescue and responding to on-going attacks.

These units are specially trained and equipped for CQB with emphasis on stealth and
performing the mission with minimal casualties. The units include take-over force, snipers,
EOD experts, dog operators and intelligence officers.

The majority of counter-terrorism operations actually take place at the intelligence level,
through the use of:

- covert intelligence (HUMLNT),

- signal intelligence (SIGINT),
- satellite intelligence (SATINT), and
- electronic Intelligence (ELINT).

According to the US Army's anti-terrorism level 1 training brief, the majority of terrorist cells
are exposed during their surveillance attempts as it is the only time they are visible. By the
time they carry out on the actual operation, it is usually too late.

Examples of the counter-terrorist tactical units:

Some western and European countries:

- Austria - the Austrian GEK, WEGA

- Canada - the Canadian JTF-2, Emergency Response Team, Canadian
Security Intelligence Service
- France - GIGN
- Germany - the German GSG-9 (border guard police special forces), KSK (army
special forces)
- Israel - Sayeret Matkal (military), YAMAM (civilian, police) LOTAR Eilat
(reserves)
- Italy - GIS (Gruppo di Intervento Speciale) from Carabinieri, NOCS
(Nucleo Operativo Centrale di Sicurezza) from Polizia di Stato
- Spain - Grupo Especial de Operaciones (GEO) from Policia Nacional,
Unidad
Especial de Intervencion (UEI) from Guardia Civil
- United Kingdom - the British 22nd SAS, SBS. M15. Special Branch (Metropolitan
Police Service)
- United States of America - Inside borders: Local SWAT, FBI, police agencies.
Outside borders: SEAL Team SIX, Delta Force, CIA.
Intelligence: CIA, DIA, NSA and military intelligence
agencies.
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Region: …
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 - Australia - Australian SAS Regiment, Tactical Assault Group
- Cambodia - Royal Cambodian Armed Forces 911st Para-Commando Battalion
- East Timor - ?
- Indonesia - Special Detachment 88 Anti-Terror (Densus 88)
- Laos - ?
- Malaysia - VAT 69, Paskal
- New Zealand - Special Tactics Groups (STG), Special Air Service of New Zealand
- Papua New Guinea - ?
- Philippines - Special Action Force, Light Reaction Company, AFP
- Singapore - Singapore Special Operations Force, Special Operations
Command, Chemical, Biological, Radiological and Explosice
Defence Group
- Thailand -?
- Vietnam - Cánh sát däc nhiëm (Special Mission Police), Cành sát co döng
(Immediate Reaction Force)

Some famous counter-terrorism actions of the 20th century include the Entebbe raid by
Israel, the Waco raid on Branch-Davidian compound by the FBI and ATF, the response to the
Achille Lauro hijacking, the Munich Olympics hostage rescue attempt, and subsequent
assassinations, and the Battle of Mogadishu, more famously known as the Black Hawk Down
incident.

Counterterrorism Measures

Live Normal Life

Emphasis on the importance of living a full life with no undue fear, burden, no less valor. This
is commonly posited as an average citizen's way to help "defeat terrorism".
Legislative Measures

Enactment of an Anti-Terrorism Act.

Legislative measures which extend unprecedented powers to law enforcement. Such powers
facilitate more aggressive methods of detainment and investigation of persons suspected of
terrorism.

National Identification System

A uniform national identification system for all citizens.

This will be implemented the third quarter of year 2006 through the so-called Unified Multi-
Purpose Identification System (UMID).

Passport Security Features

More security features in the. issuance of Passport. For example, a fingerprint impression to
overlap the lower portion of the photograph to prevent substitution.

Entry Security

Increase the security adequacy in ports of entry.

United Nations' Strategy Against Terrorism

UN Secretary-General Kofi Annan spelled out his vision of a world fighting global terrorism
through diplomatic efforts and international conventions, calling his program the "5 Ds":

1. Dissuading people from resorting or supporting terrorist acts;

2. Denying terrorist the means to carry out attacks;
3. Deterring states from supporting terrorism;
4. Developing state capacity to defeat terrorism, and
5. Defending human rights.
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 He believes that all five are interlinked conditions crucial to the success of any strategy against
terrorism. That to succeed, progress has to be made on all these fronts.

The UN has several conventions fighting terrorism, including prohibiting states from harboring
and training terrorists. financing or supporting terrorist organizations.

IV.COMPREHENSION CHECK-UP:
1. What is the simmilarities of organized crime and terrorism?
2. What do you call to the head of the family of Oganized Crime Family?
3. What is the common method of terrorist attack?
4. At present, do you believe that our government is capable enough to combat terrorism?
Support your answer.

I.OBJECTIVE: The students will be able to;

 Identify the common problems encountered by forensic division.
 Determine the crime committed thru negligence.
 Identify the penalty for different crimes resulting from lack of skill and and recklessness.
 Determine the function of forensic accounting.
 Determine the strategies employed to prevent employees theft.

II.TIME FRAME:
Week 14- November 26, 2020
3 hours

III.TOPIC:
LESSON 15
INVESTIGATION OF
CRIMINAL NEGLIGENCE
Legal Provisions
Article 365 of the Revised Penal Code, as amended, is further amended by Republic Act No.
1790, on June 21, 1957, to read as follows:

"Art. 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall
commit any act which, had it been intentional, would constitute a grave felony, shall suffer
the penalty of arresto mayor in its maximum period to prision correccional in its medium
period; if it would have constituted a less grave felony, the penalty of arresto mayor in its
minimum and medium periods shall imposed; if it would have constituted a light felony, the
penalty of arresto menor in its maximum period shall be imposed.

"Any person who, by simple imprudence or negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer penalty of arresto mayor in its medium and
maximum periods; if it would have a less serious felony, the penalty of arresto mayor in its
minimum period shall be imposed.

"When the execution of the act covered by this article shall have only resulted in damage to
the properly of another, the offender shall be punished by a fine ranging from art amount
equal to the value of said damages to three times such value, but which shall in no case be
less than twenty-five pesos.

"A fine not exceeding two hundred pesos and censure shall be imposed upon any person who,
by simple imprudence or negligence, shall cause wrong which, if done maliciously would have
constituted a light felony.

"In the imposition of these penalties, the court shall exercise sound discretion, without regard
to the rules prescribed in Article sixty-four.

“The provisions contained in this article shall not be applicable:

-When the penalty provided for the offense is equal to or lower than those provided in the
first two paragraphs of this article, in which case the court shall impose the penalty
next lower in degree than that which should be imposed in the period which they may
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 - When, by imprudence or negligence and with violation of the Automobile Law, to death
of a person shall be caused, in which case the defendant shall be punished by prison
correcional in its medium and maximum periods.

“Reckless imprudence consists in voluntary, but without malice, doing or falling to do an from
which material damage results by reason of inexcusable lack of precaution on the part of the
person. Performing or failing to perform such act, taking into consideration his employment or
occupation, degree of intelligence, physical condition and other regarding persons, time and
place.

"Simple imprudence consists in the lack of precaution displayed in those cases in which the
damage impending to be caused is not immediate nor the danger clearly manifest.
“
The penalty next higher in degree to those provided for in this article shall be imposed upon
the offender who fails to lend on the spot to the injured such help as may be in his hand to
give."

Criminal Negligence

An individual may be guilty of criminal negligence if the act is committed while violating a
particular statute. For example, a statute requiring the operation of vehicle at a limited speed in
a school zone during school hours is violated when the car is driven at an excessive speed
during those hours. If a child is injured as a result of such violation, the driver of the car is
liable civilly for damages, and also liable criminally to fine or imprisonment for negligence.

To be guilty of a crime, a person must either have performed a voluntary physical act or failed to
act when he or she had a legal duty to do so. In other words, there is no criminal liability for bad
thoughts alone. Thus, a child may earnestly wish a parent dead and may even think killing the
parent. But even if the parent should coincidentally die, the child is not a murderer, provided
that he or she took no action to bring about the parent's death.

Most crimes are committed by a specific action - for example, the pulling of a trigger or the
thrusting of a knife in murder, or the lighting of a fire in arson.

Some crimes, however, are defined in terms of omission or failure to act. For example, it is a
crime not to file an income tax return.

A person who has a special relationship with another or has voluntarily assumed a duty to help
another be guilty of a crime if he or she fails to act. For example, a parent is obligated to rescue
his or her child from danger and a lifeguard on duty must attempt to rescue a drowning
swimmer if it is physically possible for the parent or lifeguard to do so. Although the duty to
rescue a person who is in danger is limited, parents owe a duty to their young children and
lifeguards to swimmers in their charge.

Negligence

Negligence is the legal term for carelessness. In the law of torts, it is a term used to designate a
failure to exercise due care, resulting in injury to another, and for which an action for money
damages may be brought.

The failure to exercise due care may be the omission to perform an act that a reasonable person,
guided by those circumstances that normally regulate the conduct of individuals, would
perform, or it may be the commission of an act that a reasonable person would not commit, or
would perform in a more careful manner with due regard for the safety of others.

Negligence implies that the careless conduct was in violation of a legal duty, as, for example, the
duty of a railroad, engaged in the business of transporting passengers, to maintain its roadbed
and rolling stock free from dangerous defects.

The circumstances under which persons act are so various that proper care in one situation
may be negligence in another. Thus…

- a person is under no duty to keep his or her premises safe for persons who trespass
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thereon;
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 - however, the owner is held liable for injuries to child trespassers for not keeping a device
such as scaffolding or a revolvable platform properly guarded, on the ground that such a
device is an invitation to children to trespass and play on it;
- the owner of property is liable to a person permitted to enter the premises who sustains
injuries resulting from known defects, and of which the owner failed to give warning;
- the owner is liable also for injuries sustained by a person invited on the premises if such
owner does not use ordinary care to see that the premises are as safe as might reasonably
be expected.

The law uses negligence as a test to determine whether a person involved in an accident is
responsible for any loss or injury that occurs in the accident.

The law considers negligence the failure to act the way a reasonably careful person would act
under the circumstances. But the law does say what specific conduct is negligent. The decision
is made by a judge after consideration of the circumstances of each case.

In general, a person whose negligence harms or kills another person or damages that person's
property must pay compensation.

If the injured person was partly responsible for the occurrence, that person's carelessness is
considered contributory negligence. In some cases, the contributory negligence prevents the
injured person from being awarded compensation.
In other cases, the judge may compare the injured person's contributory negligence to the fault
of the others involved. The injured person's compensation may then be reduced in proportion to
his or her share of the blame. This share is known as the person's comparative fault.

The Negligence Doctrine

Res Ipsa Loquitor (The Thing Speaks for Itself). The negligence doctrine requires that:

- The thing or instrumentality causing the injury is under the exclusive control of the owner
or his agents at time of the injury.

- The accident is impudent as does not happen in the ordinary course if those who have
jurisdiction and responsibility use proper care.

Proving Negligence:

- That a dangerous situation was present;

- That such dangerous situation remained long enough to give the owner reasonable notice
of existence;
- That owner, after having such notice, nevertheless failed to remove the danger or gave
warnings of its existence;
- That as a result of this condition the person was injured;
- That damages should be awarded commensurate with the injuries.

The Burden of Proof

The law does presume negligence in any situation. Instead, it places the burden of proving the
fact of negligence upon the party who alleges that another has been negligent. For example, a
person who suffers a fractured leg as a result of an automobile accident must show that the
injury was caused by the driver of the automobile.

Moreover, the injured person must show that he or she did not contribute to causing the
accident, as by failing to exercise due care in crossing the street. In general, unless the fault is
exclusively that of the defendant, the plaintiff has no cause of action for injuries. However,
doctrine of comparative negligence may apply, whereby a plaintiff negligent to some degree
may recover damages to some degree.

Sometimes the situation of the parties when injury occurs is such as to overcome the ordinary
presumption of care on the part of the defendant. In such a situation, the maxim Res ipsa
loquitur (“The thing speaks for itself”) is applied.
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 For example, if a railroad train jumps the tracks or a crate of goods falls out of a warehouse
window, the situation, in each instance, would be one that would not ordinarily occur if the
railroad company or the warehouse company had exercised due care. The presumption of due
care is therefore overcome, and judgment will be granted for any resulting injury unless it is
shown that, notwithstanding these appearances, the injury was not the exclusive fault of the
defendant.

Though it is shown that the defendant has been guilty of negligence, the plaintiff may fail in an
action because of inability to show that legal harm has been sustained as the direct result of
such negligence. An example is where nervous shock results from another's negligence. as when,
by fault of a railroad company, a car catches fire, frightening several passengers so badly that
for weeks they are ill and confined to their beds. According to the prevailing doctrine in Great
Britain and in the United States, these passengers have no action against the company.

In only a few jurisdictions is mental anguish, without consequent or attendant physical injury,
deemed legal damage. It is generally held, however, that if the negligence of the defendant
causes injury to one's body, recovery be had for pain and suffering.

Tort

Tort is harmful act which the injured person has the right to collect money for damages.

A tort is a violation of civil law, which deals with the rights and obligations people have in their
relations with one another. The branch of civil law that deals with torts is called Tort Law.

Tort law is concerned mainly with injuries to person's body, property, business, reputation. or
privacy. For example, if someone injures you, you may have a right to sue for damages.

If a person fails to keep a promise or follow the terms of a contract, another branch of law, called
contract law, usually determines the right to damages.

Most torts are either intentional or negligent. An example of an intentional tort is an assault. A
negligent tort involves an act of carelessness. For instance, a motorist who accidentally injures a
person may be charged with negligence.

In many cases, an employer can be held responsible for a tort that is committed by an employee
while he or she is working, even though the employer may be free from fault. In such cases, the
employee is also personally liable.

A tort may also be a violation of criminal law. For example, if someone strikes you, you may be
able to recover damages for the torts of assault. But the government may also punish the person
for breaking a criminal law that forbids such an act.

LESSON 16
FORENSIC ACCOUNTING
Forensic Accounting has existed for many years. With the growing complexity of the
business environment and the growing number of business related investigations, Forensic
Accounting professionals are increasingly asked to assist in the investigation of financial and
business related issues.
Forensic Accounting utilizes accounting, auditing and investigative skills in the conduct of
an
investigation. Forensic Accountants are trained to look beyond the numbers and deal with the
business reality of the situation.

Definition
"Forensic", according to the Webster's Dictionary means, “Belonging to, used in or suitable to
courts of judicature or to public discussion and debate.”

" Forensic Accounting " provides an accounting analysis that is suitable to the court which will
form the basis for discussion, debate and ultimately dispute resolution.
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Forensic Accounting encompasses both Litigation Support and Investigative Accounting.
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 "Litigation Support" provides assistance of an accounting nature in a matter involving existing or
pending litigation. It deals with issues related to the quantification of economic damages. A
typical litigation support assignment would be calculating the economic loss resulting from a
breach of contract.

"Investigative Accounting" is often associated with investigations of criminal matters. A typical

investigative accounting assignment would be an investigation of employee theft. Other
examples include securities fraud, insurance fraud, kickbacks and proceeds of crime
investigations.

Other Terminology

Forensic Investigation

The utilization of specialized investigative skills in carrying out an inquiry conducted in such
a manner that the outcome will have application to a court of law. A Forensic Investigation
may be grounded in accounting, medicine, engineering or some other discipline.

Forensic Audit

An examination of evidence regarding an assertion to determine its correspondence to

established criteria carried out in a manner suitable to the court. An example would be a
Forensic Audit of sales records to determine the quantum of rent owing under a lease
agreement, which is the subject of litigation.

Internal Audit

An audit performed by an auditor employee who examines operational evidence to determine

whether prescribed operating procedures have been followed.

External Audit

An audit performed by an auditor engaged in public practice leading to the expression of a

professional opinion which lends credibility to the assertion under examination.

Forensic accounting is the specialty practice area of accounting that describes engagements
which result from real or anticipated civil or criminal litigation.

Broadly speaking, engagements relating to civil litigation fall into one of three categories:

- economic damages;
- assurance as to fraud in accounts or inventories or the presentation thereof; and
- business valuation.

Engagements relating to criminal litigation typically concern establishing whether a crime

appears to have taken place and quantifying the amounts involved. At a later stage, forensic
accountants may be involved in recovering proceeds of crime and in relation to confiscation
proceedings concerning actual or assumed proceeds of crime of money laundering.

Forensic accountants utilize an understanding of business information and financial reporting

systems, accounting and auditing standards and procedures, evidence gathering and
investigative techniques, and litigation processes and procedures to perform their work.

Forensic accountants are also increasingly playing more proactive risk reduction roles by
designing and performing extended procedures as part of the statutory audit, acting as advisors
to audit committees, and assisting in Investment analyst research.

Major Forensic Accounting Functions

Forensic Accounting can be of assistance in various ways, including:

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 - Review of the factual situation and provision of suggestions regarding possible courses
action.
- Assistance with the protection and recovery of assets.
- Co-ordination of other experts, including:

- Private Investigators;
- Forensic Document Examiners;
- Consulting Engineers.

- Assistance with the recovery of assets by way of civil action or criminal prosecution.

Litigation Support

- Assistance in obtaining documentation necessary to support or refute a claim.

- Review of the relevant documentation to form an initial assessment of the case and
identify areas of loss.
- Assistance with Examination for Discovery including the formulation of questions to be
asked regarding the financial evidence.
- Attendance at the Examination for Discovery to review the testimony, assist with
understanding the financial issues and to formulate additional questions to be asked.
- Review of the opposing expert's damages report and reporting on both the strengths and
weaknesses of the positions taken.
- Assistance with settlement discussions and negotiations.
- Attendance at trial to hear the testimony of the opposing expert and to provide
assistance with cross-examination.

Other Functions of Forensic Accounting

Forensic Accountants become involved in a wide range of investigations, spanning many

different industries.

The practical and in-depth analysis that a Forensic Accountant will bring to a case helps
uncover trends that bring to light the relevant issues.

Detailed below are various areas in which a Forensic Accountant will often become involved.

Criminal Investigations

Forensic investigations often relate to criminal investigations on behalf of police forces. For
example, a Forensic Accountant may be retained by the NBI, the PNP, well as by other

government investigative units and organizations such as the Philippine Bar Association.

A Forensic Accountant's report is prepared with the objective of presenting evidence in a

professional and concise manner.

Shareholders' and Partnership Disputes

These assignments often involve a detailed analysis of numerous years accounting records to
quantify the issues in dispute. For example, a common issue that often arises is the
compensation and benefits received by each of the disputing shareholders or partners.

Personal Injury Claims / Motor Vehicle Accidents

A Forensic Accountant is Often asked to quantify the economic losses resulting from a motor
vehicle accident. A Forensic Accountant needs to be familiar with the legislation in place
which pertains to motor vehicle accidents.

Cases of medical malpractice and wrongful dismissal often involve similar issues in
calculating the resulting economic damages.
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Interruption / Other Types of Insurance Claims
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 Insurance policies differ significantly as to their terms and conditions. Accordingly, these
assignments involve a detailed review of the policy to investigate coverage issues and the
appropriate method of calculating the loss.

A Forensic Accountant is often asked to assist from either an insured or insurer's perspective
in the settlement of a case.

Examples of these types of assignments include: business interruptions, property losses and
employee dishonesty (fidelity) claims.

Business/Employee Fraud Investigations

Business investigations can involve funds tracing, asset identification and recovery, forensic
intelligence gathering and due diligence reviews.

Employee fraud investigations often involve procedures to determine the existence, nature and
extent of fraud and may concern the identification of a perpetrator. These investigations often
entail interviews of personnel who had access to the funds and a detailed review of the
documentary evidence.

Matrimonial Disputes

Matrimonial disputes from a Forensic Accounting point-of-view often involve the tracing,
locating and evaluation of assets. The assets to be evaluated and valued may be businesses
property or other assets.

Business Economic Losses

Examples of assignments involving business economic losses include: contract disputes,

construction claims, expropriations, product liability claims, trademark and patent
infringements and losses stemming from a breach of a non-competition agreement.

Professional Negligence

These investigations are often approached from two different but complimentary perspectives,
these being:

- Technical - has a breach of Generally Accepted Accounting Principles, or Generally

Accepted Auditing Standards or other standards of practice occurred; and
- Loss Quantification.
If the professional in question is an accountant, then a Forensic Accountant could be involved
with both perspectives.

If the matter involves some other profession a Forensic Accountant will normally be retained
to perform only a loss quantification.

Mediation and Arbitration

Because of their familiarity and comfort with legal issues and procedures some Forensic
Accountants have sought out special training and involved in alternative dispute resolution
(ADR).

ADR services include both mediation and arbitration and are designed to help individuals and
businesses resolve disputes with minimal disruption and in a timely fashion.

The Problem of Fraud

In its broadest definition, fraud is a deliberate misrepresentation which causes another person
to suffer damages, usually monetary losses.

Most people consider the act of lying to be fraud, but in a legal sense lying is only one small
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fraud. A salesman may lie about his name, eye color, place of birth and family,
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but as long as he remains truthful about the product he sells, he will not be found guilty of
fraud. There must be a deliberate misrepresentation of the product's condition and actual
monetary damages must occur.

Many fraud cases involve complicated financial transactions conducted by "white collar
criminals", business professionals with specialized knowledge and criminal intent.

An unscrupulous investment broker may present clients with an opportunity to purchase shares
in precious metal repositories. His status as a professional investor gives him credibility, which
can lead to a justified believability among potential clients. Those who believe the opportunity be
legitimate contribute substantial amounts of cash and receive authentic-looking bonds in
return. If the investment broker knew that no such repositories existed and still received
payments for worthless bonds, then victims may sue him for fraud.

Fraud is not easily proven in a court of law. Laws concerning fraud vary, but in general several
different conditions must be met;

- One of the most important things to prove is a deliberate misrepresentation of the facts.

- Did the seller know beforehand that the product was defective or the investment was
worthless?
- Some employees of a large company may sell a product or offer a service without
personal knowledge of a deception.
- The account representative who sold a fraudulent insurance policy on behalf of an
unscrupulous employer may not have known the policy was bogus at the time of the
sale,
- In order to prove fraud, the accuser must demonstrate that the accused had prior
knowledge and voluntarily misrepresented the facts.

- Another important element to prove in a fraud case is justifiable or actual reliance on the
expertise of the accused.

- If a stranger approached you and asked for ten pesos to invest in a vending machine
business, would most likely walk away.
- But if a well-dressed man held an investment seminar and mentioned his success in
the vending machine world, you might rely on his expertise and perceived success to
decide to invest in his proposal.
- After a few months have elapsed without further contact or delivery of the vending
machines, you might reasonably assume fraud has occurred.
- In court, you would have to testify that your investment decision was partially based
on a reliance on his expertise and experience.
The element of fraud which tends to stymie successful prosecution is the obligation to
investigate. It falls on potential investors or customers to fully investigate a proposal before any
money exchanges hands.

Failure to take appropriate measures at the time of the proposal can seriously weaken a fraud
case in court later. The accused can claim that the alleged victim had every opportunity to
discover the potential for fraud and failed to investigate the matter thoroughly.

Once a party enters into a legally binding contract, remorse over the terms of the deal is not the
same as fraud.

If you suspect you are a victim of fraud, consult a legal professional and collect tangible evidence
of damages. Keep in mind that fraud is not easily proven in a court of law, although the court of
public opinion may be squarely on your side.

Employee dishonesty can occur at all levels of a company, but the most costly frauds are
committed by executives and upper management. Fraud may fall under three categories.

- Asset Misappropriation

- This is most common type of internal fraud which involves the theft of cash, inventory,
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payments, payroll funds, and other company property.
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 - Although this type of fraud occurs most often, the amount of money lost through each
of these frauds is relatively low.

- Financial Statement Fraud

- The most expensive type of internal fraud is financial statement fraud.

- The manipulation of financial statements often losses in the millions of dollars.
- It is often more difficult to detect than other types of fraud, as managers and
executives may be colluding to alter financial records.

- Bribery and Corruption

- The third category of internal fraud includes bribery and corruption.

- These cases include bribes or kickbacks for the awarding of favorable contracts or
terms.
- Also included in this category may be political corruption.

Common "red flags of fraud" that can arouse the suspicion of an alert employee include missing
documentation, inside tips, and altered documentation.

When fraud is suspected, it is advisable to utilize the experience of a proven expert in forensic
Accounting.

Procurement Fraud

Procurement is synonymous to purchase or the act of buying. It is one of the basic functions of
management involving funds and property. It is through this function that supplies, materials
and equipment necessary for government and private company operations are acquired. The
objectives of procurement are:

- to maintain a continuous supply of supplies, materials and equipment needed in the

government's or private company's normal operations;
- to support it various activities in a manner that the value money is obtained.

Common Procurement Fraud and Irregularities include:

- Over-Pricing
- Advance Payment
- Ghost Project / Delivery
- Ordering/procuring from unaccredited suppliers/publishers
- Excessive Purchases
- Falsification

Over-Pricing

- Delivery of an entirely different products from the one specified in the Purchase Order;
Maintaining the actual price and quantity by delivering product of lesser specification;
- Reducing the quantity involved but maintaining the actual price;
- Precluding the conduct of public bidding by resorting to purchase from “exc1usive
distributor" even if there are other sellers/manufacturers of the same articles.

Advance Payment

- Through the creativity of scrupulous individuals, payment to a supplier is made of the

actual delivery and transfer of ownership of the items.
- Under this circumstance, it is evident that the supplier earned even without letting go of
a single centavo.

Ghost Project/Delivery

- Projects are reported to have been completed supplies, materials and equipment
delivered but in reality they cannot be located.
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 - In ghost delivery, the participation and connivance of the inspector and the end user is
necessary except where the documents presented to the inspector are altered like where
the insertion was made on the face of the Purchase Order before this was submitted
payment but right after inspection and presentation of the articles was already done.

Ordering/procuring items from unaccredited suppliers/distributors

- An example is the ordering/procuring of textbooks from unaccredited DECS suppliers

or publishers.
- The supplier falsifies the supposedly authorization issued by the accredited publishers.

Excessive Purchases

- The price is deemed excessive if the discounts allowed in bulk purchases are not
reflected in the price offered in the award or in the purchase/payment document.
- Excessive purchase unreasonable expense incurred at immoderate quantity and
exorbitant price.

Falsification

- Almost all transaction documents are falsified with varying intentions.

- The act of overpricing is often facilitated by falsifying the Suppliers' Price Quotation
tampering Product brochure, rigging bidding results, and imitating signatures of
persons certifying exclusive distributorship so as to preclude the conduct of public
bidding.
- Falsification may be any of the following acts:

- Imitating any handwriting, signature, or rubric;

- Causing it to appear that persons have participated in an act or proceedings;
- Attributing to persons who have participated in any act or proceeding, statements or
other than those in fact by them;
- Making untruthful statement in a narration of facts;
- Altering true dates;
- Making any alteration or intercalation in a genuine document which changes its
meaning;
- Issuing in an authenticated form a document purporting to be a copy of the original
document when in fact no such original exists, or different from, that of the genuine
original; and
- Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry or official book.

Embezzlement

- Embezzlement is the crime committed when someone entrusted with another's money
or property illegally takes it for personal use.

- It is like a robbery, in which the robber takes money or property by force or threat.

- In an embezzlement, the owner has turned the property over to the embezzler.

- Embezzlement is a modern crime. In early English common law, a person could not be
charged with theft if the property taken had been legally entrusted, even though the
person did not use the property in the way its owner wanted.

- However, business people needed a law to protect their property while their employees
handled it. So the courts devised the crime of embezzlement. The punishment for
embezzlement is imprisonment.

Strategies to Prevent Employee Theft

It is estimated that companies lose 6% of their revenue to fraud committed by employees.

Employers can significantly reduce this risk by utilizing proactive strategies. Some of the more
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effective strategies include:
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 Education - If employees are aware of fraud and how it happens, they will be your best on-the-
job sleuths.

Surprise Audits - When employees are aware that there will be random checks of their areas,
they are more likely to be honest. They also will not feel singled out when it is “their turn” for an
audit.

Hotlines - A mechanism for anonymous reporting of fraud encourages employees to look out for
the best interests of the company, without fear of reprisal.

Assessment of Internal Controls – Companies need to take an honest look at what fraud
prevention controls they of have in place. They also need to be honest about whether or not
those procedures and policies are being followed and whether or not they really work.

Background Checks - Having the right employees is the first step toward fraud prevention. Avoid
employees with criminal backgrounds or dishonest job applications.

Open Door Policy - Make employees feel that it is okay to discuss concerns with management.
And then when they do discuss their concerns, act accordingly. Ask lots of questions, but be
supportive.

Perception of Fairness - Pay your employees fairly and try not to show favoritism. When
employees feel cheated or devalued, they are more likely to justify stealing in their minds.

Employee Empowerment - Give employees the authority and confidence to make decisions and
take action. The more involved and empowered employees feel, the more likely they are to look
out for the best interests of the business.

Continuous Improvement - Management should be constantly looking for ways to improve

policies and procedures. Fraud prevention is an ongoing, dynamic process that requires
continuous evaluation and improvement.

Employee Involvement - Your employees are the people who are most aware of areas vulnerable
to fraud. Talk to them and ask for their help in securing the company's assets.

IV.COMPREHENSION CHECK-UP:
Essay;
1. Give atleast one (1) example of crime commited thru negligence, and explain how it was
commited neglegently.

2. What is the importance of forensic accounting in the field of criminal investigation.

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 REVISED RULES OF CRIMINAL PROCEDURE

(RULES 110 - 127, RULES OF COURT)

[Effective December 1, 2000]

RULE 110
PROSECUTION OF OFFENSES

Section 1. Institution of criminal actions. — Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to section 1 of

Rule 112, by filing the complaint with the proper officer for the purpose of conducting
the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or information directly with the
Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the
office of the prosecutor. In Manila and other chartered cities, the complaints shall be
filed with the office of the prosecutor unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the running of the period of prescription
of the offense charged unless otherwise provided in special laws.

Sec. 2. The complaint or information — The complaint or information shall be in writing, in

the name of the People of the Philippines and against all persons who appear to responsible for the
offense involved.

Sec. 3. Complaint defined. — A complaint is a sworn written statement charging a person

with an offense, subscribed by the offended party, any peace officer, or other public officer charged
with the enforcement of the law violated.

Sec. 4. Information defined. — An information is an accusation in writing charging a person

with an offense subscribed by the prosecutor and filed with the court.

Sec. 5. Who must prosecute criminal actions. — All criminal actions commenced by a
complaint or information shall be prosecuted under the direction and control of the prosecutor.
However, in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned
thereto or to the case is not available, the offended party, any peace officer, or public officer
charged with the enforcement of the law violated may prosecute the case. This authority shall
cease upon actual intervention or the prosecutor or upon elevation of the case to the Regional Trial
Court. Latest Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure
which provides: "Section 5. Who must prosecute criminal action. - All criminal actions either
commenced by complaint or by information shall be prosecuted under the direction and control of
a public prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack
of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the
Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of
the court. Once so authorized to prosecute the criminal action, the private prosecutor shall
continue to prosecute the case up to end of the trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn. x x x .”).

The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed
by the offended spouse. The offended party cannot institute criminal prosecution without including
the guilty parties, if both are alive, nor, in any case, if the offended party has consented to the
offense or pardoned the offenders.

The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted upon a
complaint filed by the offended party of her parents, grandparents or guardian, nor, in any case, if
the offender has been expressly pardoned by any of them. If the offended party dies or becomes
incapacitated before she can file the complaint, and she has no known parents, grandparents or
guardian, the State shall initiate the criminal action in her behalf.

The offended party, even if a minor, has the right to initiate the prosecution of the offenses of
seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or
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is incompetent or incapable of doing so. Where the offended party, who is a
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minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The
right to file the action granted to parents, grandparents, or guardian shall be exclusive of all other
persons and shall be exercised successively in the order herein provided, except as stated in the
preceding paragraph.

No criminal action for defamation which consists in the imputation of any of the offenses
mentioned above shall be brought except at the instance of and upon complaint filed by the
offended party.

The prosecution for violation of special laws shall be governed by the provision thereof.

Sec. 6. Sufficiency of complaint information. - A complaint or information is sufficient if it

states the name of the accused designation of the offense given by the statute; the acts or
omissions complained of as constituting the offense; the name of the offended party; the
approximate date of the commission of the offense; and the place where the offense was
committed.

When an offense is committed by more than one person, all of them shall be included in the
complaint or information.

Sec. 7. Name of the accused. - The complaint or information must state the name and
surname of the accused or any apellation or nickname by which he has been or is known. If his
name cannot be ascertained, he must be described under a fictitious name with a statement that
his true name is unknown.

If the true name of the accused is thereafter disclosed by him or appears in some other manner
to, the court, such true name shall be inserted in the complaint information and record.

Sec. 8. Designation of the Offense. — The complaint or information shall state the designation
of the offense given by the statute, aver the acts or omissions constituting the offense, and specify
its qualifying and aggravating circumstances. If there is no designation of the offense, reference
shall be made to the section or subsection of the statute punishing it.

Sec. 9. Cause of the accusation. — The acts or omissions complained of as constituting the offense
and the qualifying and aggravating circumstances must be stated in ordinary and concise language
and not necessarily in the language used in the statute but in terms sufficient to enable a person
of common understanding to know what offense is being charged as well as its qualifying and
aggravating circumstance and for the court to pronounce judgment.

Sec. 10. Place commission of the offense. — The complaint or information is sufficient if it can
be understood from its allegations that the offense was committed or some of its essential
ingredients occurred at some place within the jurisdiction of the court, unless the particular place
where it was committed constitutes an essential element of the offense charged or is necessary for
its identification.

Sec. 11. Date of commission of the offense. - It is not necessary to state in the complaint or
information the precise date the offense was committed except when it is a material ingredient of
the offense. The offense may be alleged to have been committed on a date as near as possible to
the actual date of its commission.

Sec. 12. Name of the offended party. — The complaint or information must state the name and
surname of the person against whom or against whose property the offense was committed, or any
appellation or nickname by which such person has been or is known. If there is no better way of
identifying him, he must be described under a fictitious name.

(a) In offenses against property, if the name of the offended party is unknown, the
property must be described with such particularity as to properly identify the offense
charged.
(b) If the true name of the person against whom or against whose property the offense
was committed is thereafter disclosed or ascertained, the court must cause such true
name to be inserted in the complaint or information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or any
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 (d) designation by which it is known or by which it may be identified, without need of
averring that it is a juridical person or that it is organized in accordance with law.

Sec. 13. Duplicity of the offense. — A complaint or information must charge only one offense,
except when the law prescribes a single punishment for various offenses.

Sec. 14. Amendment or substitution. — A complaint or information may be amended, in form

or in substance, without leave of court and when it can be done without causing prejudice to the
rights of the accused.

However, any amendment before plea, which downgrades the nature of the offense charged in
or excludes any accused from the complaint or information, can made only upon motion by the
prosecutor, with notice to the offended party and with leave of court. The court shall state its
reasons in resolving the motion and copies of its order shall be furnished all parties, especially the
offended party.

If it appears before judgment that a mistake has been made in charging the proper offense, the
court shall dismiss the original complaint or information upon the filing of a new one charging the
proper offense in accordance with section 19, Rule 119, provided the accused shall not be placed
in double jeopardy. The court may require the witnesses to give bail for their appearance at the
trial

See. 15. Place where action is to be instituted. –

(a) Subject to existing laws, the criminal action shall be instituted and tried in the court
of the municipality or territory where the offense was committed or where any of its
essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle
in the course of its trip, the criminal action shall be instituted and tried in the court
of any municipality or territory where such train, aircraft, or other vehicle passed
during its trip, including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the
criminal action shall be instituted and tried in the court of the first port of entry or
of any municipality or territory where the vessel passed during such voyage, subject
to the generally accepted principles of international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the
Revised Penal Code shall be cognizable by the court where the criminal action is
first filed.

Sec. 16. Intervention of the offended party in criminal action. — Where the civil action for recovery
of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may
intervene by the counsel in the prosecution of the offense.

RULE 113
ARREST

Section 1. Definition of arrest. — Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense.

Sec. 2. Arrest; how made. - An arrest is made by an actual restraint of a person to be

arrested, or by his submission to the custody of the person making the arrest.

No evidence or unnecessary force shall be used in making an arrest. The person arrested shall not
be subject to a greater restraint than is necessary for his detention.

Sec. 3. Duty of arresting officer. — It shaft the duty of the officer executing the warrant to arrest
the accused and deliver him to the nearest police station or jail without unnecessary delay.

Sec. 4. Execution of warrant. — The head of the office to whom the warrant of arrest was delivered
for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within
(10) days after the expiration of the period, the officer to whom it was assigned for execution shall
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104
make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he
shall state the reason therefore.

Sec. 5. Arrest without 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 is temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.

In cases falling paragraphs (a) and (b) above, the person arrested without a warrant shall be
delivered to the nearest police station or jail and shall be proceeded against in accordance with
section 7 of Rule 112.

Sec. 6. Time of making arrest. — An arrest may be made on any day and at any time of the
day or night

Sec. 7. Method of arrest by officer by virtue of warrant. — 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 the fact
that a warrant has been issued for his arrest, except when he flees or forcibly resist before the
officer has 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 him as soon as
practicable.

Sec. 8. Method of arrest by officer without warrant. - When making an arrest without a warrant,
the officer shall inform the person to be arrested of his authority and the cause of the arrest,
unless the latter is either engaged in the commission of an offense, is pursued immediately
after its commission, has escaped, flees, or forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will imperil the arrest.

Sec. 9. Method of arrest by private person. - When making an arrest, a private person shall inform
the person to be arrested of the intention to arrest him and the case of the arrest, unless the latter
is either engaged in the of an is pursued immediately after its commission, or has escaped, flees, or
forcibly resists the before the officer has opportunity to so inform him, or when the giving of such
information will imperil the arrest.

Sec. 10. Officer may summon assistance. — An officer making a lawful arrest may orally summon
as many persons as he deems necessary to assist him in effecting the arrest. Every person so
summoned by an officer shall assist him in effecting the arrest when he can render such
assistance without detriment to himself.

Sec. 11. Right of officer to break into building or enclosure. - An officer, in order to make an arrest
either by virtue of a warrant, or without a warrant as provided in section 5, may break into any
building or enclosure where the person to be arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his authority and purpose.

Sec. 12. Right to break out from building or enclosure. — Whenever an officer has entered the
building or enclosure in accordance with the preceding section, he may break out therefrom when
necessary to liberate himself.

Sec. 13. Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him without a warrant at any time and in any place
within the Philippines.

Sec. 14. Right of attorney or relative to visit person arrested. - Any member of the Philippine
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the request of the person arrested or of another acting in his behalf, have the right to
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visit and confer privately with such person in the jail or any other place of custody at any hour of
the day or night. Subject to reasonable regulations, a relative of the person arrested can also
exercise the same right.

RULE 114
BAIL

Section 1. Bail defined. — Bail is the security given for the release of a person in custody of
the law, furnished by him or a bondsman, to guarantee his appearance before any court as
required under the conditions hereinafter specified. Bail may be given in the form of corporate
surety, property bond, cash deposit, or recognizance.

Sec. 2. Conditions of the bail; requirements. — All kinds of bail are subject to the following
conditions:

(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in
force at all stages of the case until promulgation of the judgment of the Regional Trial
Court, irrespective of whether the case was originally filed in or appealed to it.
(b) The accused shall appear before the proper court whenever required by the court of these
Rules:
(c) The failure of the accused to appear at the trial without justification and despite due
notice shall be deemed a waiver of his right to present thereat. In such case, the trial may
proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution of the final
judgment.

The original papers shall state the full name and address of the accused, the amount of the
undertaking and the conditions required by his section. Photographs (passport size) taken within
the last six (6) months showing the face, left and right profiles of the accused must be attached to
the bail.

Sec. 3. No release or transfer except on court order or bail. – No person under detention by
legal process shall be released or transferred except upon order of the court when he is admitted to
bail.

Sec. 4. Bail, a matter of right; exception. – All person in custody shall be admitted to bail as a
matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this
Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional
Trial court of an offense not punishable by death, reclusion perpetua, or life imprisonment.

Sec. 5. Bail, when discretionary. – Upon conviction by the Regional Trial Court of an offense
not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary. The application for bail may be filed and acted upon by the trial court despite the
filing of a notice of appeal, provided it has not transmitted the original record to the appellate
court. However, if the decision of the trial court conviction the accused changed the nature of the
offense from non-liable to bailable, the application for bail can only be filed with an resolved by the
appellate court.

Should the court grant the application, the accused may be allowed to continue on provisional
liberty during the pendency of the appeal under the same bail subject to the consent of the
bondsman.

If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused
shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice
to the accuse, of the following or other similar circumstances.

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the

crime aggravated by the circumstances of reiteration.
(b) That he has previously escaped from legal confinement, evaded sentence, or violated
the conditions of his bail without valid justification.
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he committed
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 (d) That he circumstances of his case indicate the probability of flight if released on bail;
or
(e) That there is undue risk that he may commit another crime during the pendency of
the appeal.

The appellate court may, motu proprio or on motion of any party, review the resolution of the
Regional Trial Court after notice to the adverse party in either case.

Sec. 6. Capital offense defined. – A capital offense is an offense which, under the law existing at
the time of its commission and of the application for admission to bail, may be punished with
death.

Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not
bailable. – No person charged with a capital offense, or an offense punishable by reclusion
perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless
of the state of the criminal prosecution.

Sec. 8. Burden of proof in bail application. – At the hearing of an application for bail filed by a
person who is in custody for the commission of an offense punishable by death, reclusion
perpetua, or life imprisonment, the prosecution has the burden of showing that evidence of guilt is
strong. The evidence presented during the bail hearing shall be considered automatically
reproduced at the trial but, upon motion of either party, the court may recall any witness for
additional examination unless the latter is dead, outside the Philippines, or otherwise unable to
testify.

Sec. 9. Amount of bail; guidelines. The judge who issued the warrant or granted the
application shall fix a reasonable amount of bail considering primarily, but limited to, the following
factors:
(a) Financial liability of the accused to give bail;
(b) Nature and circumstance of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.

Excessive bail shall not be required.

Sec. 10. Corporate surety. — Any domestic or foreign corporation, licensed as a surety in
accordance with law and currently authorized to act as such, may provide bail by a bond
subscribed jointly by the accused and an officer of the corporation duly authorized by its board of
directors.

Sec. ll. Property bond, how posted. — A property bond is an undertaking constituted as lien on the
real property given as security for the amount of the bail. Within ten (10) days after the approval of
the bond, the accused shall cause the annotation of the lien on the certificate of title on file with
the Registry of Deeds if the land is registered, or if unregistered, in the Registration Book on the
space provided therefore, in the Registry of Deeds for the province or city where the land lies, and
on the corresponding tax declaration in the office of the provincial, city and municipal assessor
concerned.

Within the same period, the accused shall submit to the court his compliance and his failure
to do so shall be sufficient cause for the cancellation of the property bond and his re-arrest and
detention.

Sec. 12. Qualifications of sureties in property bond. — The qualifications of sureties in a

property bond shall be as follows:

(a) Each must be a resident owner of real sate within the Philippines;
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 (b) Where there is only one surety, his real estate must be worth at least the amount
of undertaking
(c) If there are two or sureties, each may justify in an amount less than that expressed in
the undertaking but the aggregate of the justified sums must be equivalent to the
whole amount of the bail demanded.

In all cases, every surety must be worth the amount specified in his own undertaking over
and above all just debts, obligations and properties exempt from execution.

Sec. 13. Justification of sureties- — Every surety shall justify by affidavit taken before the
judge that he possesses the qualification prescribed in the preceding section. He shall describe the
property given as security, stating the nature of his title, its encumbrances, the number and
amount of other bath entered into by him and still undischarged, and his other liabilities. The
court may examine the sureties upon oath concerning their sufficiency in such manner as it may
deem proper. No bail shall be approved unless the surety is qualified.

Sec. 14. Deposit of cash as bail. — The accused or any person acting in his behalf may
deposit in cash with the nearest collector of Internal revenue or provincial, city, or municipal
treasurer the amount of bail fixed by the court, or recommended by the prosecutor who
investigated or filed the case. Upon submission of a proper certificate of deposit and a written
undertaking showing compliance with the requirements of section 2 of this Rule, the accused shall
be discharged from custody. The money deposited shall be considered as bail and applied to the
payment of fine and costs while the excess, if any, shall returned to the accused or to whoever
made the deposit.

Sec. 15. Recognizance. — Whenever allowed by law or these Rules, the court may release a
person in custody on his own recognizance or that of a responsible person.

Sec. 16. Bail, when not required; reduced bail or recognizance. — No bail shall be required
when the law or these Rules so provide.

When a person has been in custody a period equal to or more than the possible maximum
imprisonment prescribed for the offense charged, he shall be released immediately, without
prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to
which the accused may be sentenced is destierro, he shall be released after thirty (30) days of
preventive imprisonment.

A person in custody for a period equal to more than the minimum of the principal penalty
prescribed for the offense charged, without application of the Indeterminate Sentence Law or any
modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the
discretion of the court.

Sec. 17. Bail, where filed. — (a) Bail in the amount fixed may be filed with the court where the
case is pending, or in the absence or unavailability of the judge thereof, with any regional trial
judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the
province, city or municipality. If the accused is arrested in a province, city, or municipality other
than where the case is pending, bail may also be filed with any regional trial court of said place, of
if no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge therein.

(b) Where the grant of bail is a matter of discretion or the accused seek to be released on
recognizance, the application may only be filed in the court where the case is pending, whether on
preliminary investigation trial, or appeal.

Any person in custody who is not yet charged in court may apply for bail with any court in the
province, city, or municipality where he is held.
Sec. 18. Notice of application to prosecutor. — In the application for bail under section 8 of
this Rule, the court must give reasonable notice of the hearing to the prosecutor or require him to
submit his recommendation.

Sec. 19. Release on bail. — The accused must be discharged upon approval of the bail by the
judge with whom it was filed in accordance with section 17 of this Rule.
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 When bail is filed with a court other than where the case is pending, the judge who accepted
the bail shall forward it, together with the order of release and other supporting papers, to the
court where the case is pending, which may, for good reason, require a different one to be filed.

Sec. 20. Increase or reduction of bail. – After the accused is admitted to bail, the court may,
upon good cause, either increase or reduce its amount. When increased, the accused may be
committed to custody if he does not give bail in the increased amount within a reasonable period.
An accused held to answer a criminal charge, who is released without bail upon filing of the
complaint or information, may, at nay, subsequent stage of the proceedings and whenever a strong
showing of guilt appears to the court, be required to give bail in the amount fixed, or in lieu
thereof, committed to custody.

Sec. 21. Forfeiture of bail. – When the presence of the accused is required by the court or
these Rules, his bondsmen shall be noticed to produce him before the court on given date and
time. If the accused fails to appear in person as required, his bail shall be declared forfeited
and the bondsmen given thirty (30) days within which to produce in their principal and to show
why no judgment should be rendered against them for the amount of their bail. Within the said
period, the bondsmen must:

(a) produce the body of their principal or give the reason for his non-production; and
(b) explain why the accused did not appear before the court when first required to do so.

Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly
and severally, for the amount of the bail. The court shall not reduce or otherwise mitigate the
liability of the bondsmen, unless the accused has been surrendered or is acquitted.

Sec. 22. Cancellation of bail. — Upon application of the bondsmen, with due notice to the
prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death.

The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of
the case, or execution of the judgment of conviction.

In all instances, the cancellation shall be without prejudice to any liability on the bail.

Sec. 23. Arrest of accused out on bail. — For the purpose of surrendering the accused, the
bondsmen may arrest him or, upon written authority endorsed on a certified copy of the
undertaking, cause him to be arrested by a police officer or any other of suitable age and
discretion.

An accused released on bait may be re-arrested without the necessity of a warrant if

he attempts to depart from the Philippines without permission of the court where the case is
pending.

Sec. 24. No bail after final judgment; exception. — No bail shall be allowed after a judgment
of conviction has become final. If before such finality, the accused applies for probation, he may be
allowed temporary liberty under his bail. When no bail was filed or the accused is incapable of
filing one, the court may allow his release on recognizance to the custody of a responsible member
of the community. In no case shall bail be allowed after the accused has commenced to serve
sentence.

Sec. 25. Court supervision of detainees. — The court shall exercise supervision over all
persons in custody for the purpose of eliminating unnecessary detention. The executive judges of
the Regional Trial Courts shall conduct monthly personal inspections of provincial, city, and
municipal jails and the prisoners within their respective jurisdictions. They shall ascertain the
number of detainees, inquire on their proper accommodation and health and examine the
condition of the jail facilities. They shall order the segregation of sexes and of minors from adults,
ensure the observance of the right of detainees to confer privately with counsel, and strive to
eliminate conditions inimical to the detainees.

In cities and municipalities to be specified by the Supreme Court, the municipal trial judges
or municipal trial judges shall conduct monthly personal inspections of the municipal jails in their
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respective municipalities and submit a report to the executive judge of the Regional Trial Court
having jurisdiction therein.

A monthly report of such visitation shall be submitted by the executive judges to the Court
Administrator which shall state the total number of detainees, the names of those held for more
than thirty (30) days, the duration of detention, the crime charged, the status of the case, the
cause for detention, and another pertinent information.

Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary
investigation. - An application for or admission to bail shall not bar the accused from challenging
the validity of his arrest or the legality of the warrant issued therefore, or from assailing the
regularity or questioning the absence of a preliminary investigation of the charge against him,
provided that he raises them before entering his plea. The court shall resolve the matter as early as
practicable but not later than the start of the trial of the case.

RULE 115
RIGHTS OF ACCUSED

Section 1. Rights of accused at trial. — In all criminal prosecutions, the accused shall be
entitled to the following rights:

(a) To presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the accusation against him.
(c) To present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment. The accused may, however. waive
his presence at the trial pursuant to the stipulations set forth in his bail, unless his
presence is specifically ordered by the court for purposes of identification. The
absence of the accused without justifiable cause at the trial of which he had notice
shall be considered a waiver of his right to present thereat. When an accused under
custody escapes, he shall be deemed to have waived his right to be present on all
subsequent trial dates until custody over him is regained. Upon motion, the accused
may be allowed to defend himself in person when it sufficiently appears to the court
that he can properly protect his rights without the assistance of counsel.
(d) To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him.
(e) To exempt from being compelled to be a witness against himself.
(f) To confront and cross-examine the witnesses against him at the trial. Either party
may utilize as part of its evidence the testimony of a witness who is deceased, out of
or cannot with due diligence be found in the Philippines, unavailable, or otherwise
unable to testify, given in another case or proceeding, judicial or administrative,
involving the same parties and subject matter, the adverse party having the
opportunity to cross-examine him.
(g) To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by law.

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