INVESTIGATION OF HOMICIDE

Homicide – any person who, not falling within the provisions of Article 246, shall kill
another without the attendance of any circumstances enumerated in the crime of Murder,
shall be deemed guilty of homicide and be punished by reclusion temporal.
General Consideration
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 in the crimes of
murder but also the taking of human life under circumstances justifying the act or in a
sense excusing its commission.
In the course of conducting investigation, the investigating officer faces three major problems:
a. First, when the dead body is moved.
b. Second, when the body is embalmed.
c. 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 is moved, it can never be put back again.
Once the body is embalmed, it effectively destroys traces of alcohol and several other
poisons. It also makes the determination of any 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 the
body. The lapse of time 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 destroys the possibility of further scientific work on the body.
Autopsy - is a medical examination of a dead human body, including the internal organ,
to determine the cause of death or to study pathological changes. An autopsy is performed
by a doctor trained in pathology.

A. Places of Importance
1. The crime scene
2. Avenue of approach. How did the killer/s arrive?
3. Avenue of exits. Investigate and search along this routes.
4. Place where the victim was seen immediately preceding his death. Who was he
with? What was he doing? Was this customary? Get the time.
5. Place where suspect claims he was; places where he was seen prior to, during
and after the crime was committed for the purpose of checking his alibi.
6. Place where evidence can be found. Where can they be obtained? Where can
they be hidden?
 7. Other places as indicated by the peculiar circumstances of the case.

B. Time of Importance
1. Time when fatal injury was inflicted. You have to put the subject/s at the crime
scene at this time by admissible evidence/
2. Time of incapacitation.
3. Time of death.
4. Time body was discovered.
5. Time crime was reported.
6. Time of arrival of police at the scene.
7. Time victim was last known to be alive.
8. Time relating to suspect/s movements
9. Times relating to police activities.

C. Person of Importance
1. Victim. What is his history? His relationship with other people?
2. Witnesses. Get their statements without delay.
3. Suspects. Eliminate them if there is absolute evidence against them, or
thoroughly tie them to the case by penetrating investigation.
4. Person who reported the crime. Remember that he probably has key
information. Check out his statement.
5. Alibi witnesses. Exhaustive interview is necessary. Check and recheck their
stories.
6. Person who stand to gain by the death. This is touchy thing. Be circumspect in
your approach.
7. Relatives and other source of information.

D. Things of Importance
1. Body of the deceased.
2. Belongings of the deceased. Here, we may find motives.
3. Items of evidence should be legally obtain and carefully preserve.
4. Weapons. Locate. List and record them as evidence.
5. Means of transportation.
6. Sound, shots, screams arguments or falling objects.
7. Odors – of gunpowder, distinctive smell of poison, etc.
Basic Outline for Homicide Investigation
a. Record the time the call was received as well as time of arrival at the scene.
b. Ascertain if victim is alive. Record all first impressions of the scene.
c. If the victim is alive, give first aid.
d. If the victim is alive and conscious, try to get a dying declaration
e. Be objective, calm and use your brains. Remember that if the victim is dead, there is
nothing you can do for him, so gather your wits and think through each step before
you take them.
f. Protect the crime scene.
g. Do not remove anything until its location and position of evidence should be located
by some accurate means of measurement.
h. Do not untie knots in ropes and similar items of evidence. If the victim is found
hanging, pay particular attention to the direction of fibers on the rope. Is there a
worn spot over a branch or rafter.
i. Designate one person to pick up all the physical evidence.
j. A systematic detailed search of the crime scene should be conducted. A research is
conduct after the first search.
k. Color photograph should be taken as well as black and white.
l. Look for evidence that tends to prove the elements of the crime you are
investigating.
m. Look for unusual odors, symbols fetishes, rituals.
n. When the body is finally moved, attention should be given to the area beneath the
body.
o. While removing the body use a rubber sheet to prevent contaminating the crime
scene with spilled blood.
p. Conduct a careful inspection of a dead person holding a gun.
q. Note the condition and type of food at the crime scene as the pathologist may be
able to use this information in determining whether the victim’s last meal was eaten
at the crime scene.
r. The course and direction of each bullet should be determined. This applies to the
trajectory of the bullet through solid object at the crime scene.
s. Take photograph of all bystanders.
t. Try to:
1. Determine if any of the victim’s property or money is missing.
2. Record the color of the bloodstains.
3. Determine what portion of the stains is wet for us, estimate of time of death.
4. If the blood is wet, see if a paper clip will separate the stain as it goes through
or if goes through or if the blood will flow together again.
5. Note the size, dimension and location of blood drops.
 6. Determine the directions and distance of blood drops.
7. Enter in your notebook details of the test to determine whether the victim’s
is still alive. Records if the body is cool to touch, warm, etc.
8. Record the weather, as well as the weather changes.
9. Talk to everyone with whom the suspect has talked to.
10. Look for weapons, which could have inflicted the wound.
11. Obtain soil samples at ten feet intervals when appropriate in circle around
the body of the victim.
12. Take samples of other items for exclusionary purposes.
13. Obtain botanical samples when necessary.
14. Take temperature reading of the scene. If the body is submerge at the bath
tub take the temperature of the water at the time of your arrival.
u. If it is necessary to cut off the victim’s clothing, the cut should not be done through
bullet or knife holes. Where possible, cut the clothing along the seams s that the
clothing can be restored to approximately its original condition.
v. The splatter patterns of the blood spots should be noted as it is:
1. An aid in determining if the object or person was in motion when the blood
spattered.
2. Possible for an expert to tell you how the crime was committed as indicated
by the blood spots.
3. Possible to trace every spots to its origin by observing its characteristics.
4. Indicate of whether it was a result of a weapon striking a victim or it was
thrown there from a weapon striking a victim or it was created by some
other weapons.
w. Be cautious. Remember that fingerprints may be present on light switches, light
bulb, telephone, doorknobs, etc.
x. Aerial photography of the crime scene and escape route should be taken, when
possible and practicable.

Handling the Suspect

a. If the suspect’s is at the crime scene do not advise him of his constitutional rights
unless he is to be question there immediately for evidence of his own guilt to be
used against him in court.
b. Obtain the following evidence from the suspect.
1. The suspect’s clothing should be photographed, marked and sent to the
laboratory.
2. Any scratches on the suspect should be photographed.
3. Fingernail scrapings should be obtained.
4. Take blood samples from the suspects in a medical approved manner and
with proper legal justification.
 5. Take hair samples.
6. Acquire hand-writing samples when applicable.
7. Have the fingerprint technician check the paper money, which have been
taken from the suspect’s fingerprints.
8. Check the suspect’s personal effects very closely for items of evidently value.
9. Obtain teeth mark impressions when appropriate.
10. Semen samples in rape with homicide cases should be obtained medically
not by hand.
11. Consider polygraph examinations.
c. Never take suspect or the subject to the crime scene in the clothing he was wearing
at the time he was arrested. The defendant’s lawyer may be claim that the clothing
was contaminated at the scene of the crime.
d. Attempt to ascertain the following:
1. The suspect’s mode of living as compared to the amount of his income.
2. The suspect’s mode of living before the crime compared to his mode of living
after the crime.
3. Compare his behavior before the crime with his behavior after the crime.
e. The interrogation of the suspect should cover all the elements of the alleged offense
and the interrogator should ascertain if the defendant knew nature and
consequences of his acts.
f. Make a methodological and complete check of any suspect’s alibi.

Follow-up Investigation
1. It may become necessary to produce witness to identify the victim in the presence
of the pathologist.
2. Keep witness separated so that they will give a truthful account on what they
observed not being influence by the strongest personality among them.
3. Methodologically interview resident in the area and record the interview by using
tape recorder and note taking.
4. When a “stand-up photograph” of the victim, clad in the clothing he was wearing at
the time of the offense, is not available to show to the witnesses considering using a
photograph of the victim face-supper-imposed on the mannequin.
5. Photograph must be scrutinized for clues and leads that were missed at the initial
search.
6. A communication center should be established for the investigation and for the
collation of facts and evidences.
7. Check the victim’s and the defendant’s tool calls.
8. Attempt to reconstruct the movement of the murderer.
9. Return to scene of the crime at the time of day that the crime was committed for at
least a week, perhaps even an hour or so before to check for possible witnesses.
 10. Present photograph and crime reports to psychiatrist to ascertain what type of
person would commit such crime. A consensus regarding the type of person by the
psychiatrist will furnish investigative leads. What is the motive?
11. Read the newspaper articles regarding crime and maintain a file of these articles.
12. Consider the use of bloodhounds in appropriate cases.
13. Schedule frequent meetings for all persons assigned to the investigation. At these
meeting, discuss all of the leads and the suspects.

SEX CRIMES

Given the natural complexities and sensitivity of the subject matter, sex crimes
indeed require special breed of investigators with specialized training needed.
Under RA 8353 (Anti-Rape Law of 1998), rape now falls under Crimes Against
Persons, whereas it used to be grouped under crimes against chastity in the Revised Penal
Code. The new rape law introduces new features such as, a wife may charge her husband
for rape (marital rape); the victim is no longer limited to females, i.e., a male may be the
injured party, insertion of objects/penis into the mouth, genitals, or anal orifice of another
person already constitute rape.
Salient Principles of Sex Crimes
a) It is triggered by emotion. A person who commits sex crime has lost control of his
emotions. It is not something you can sit out and analyze.
b) Gratification of sex drive is often accomplished in strange and disguised ways. It
involves an addition to a certain kind of sexual satisfaction. Sex is what makes a
person feel good which have to be understand when investigating sex crimes.
c) The motivation for crimes committed by insane person is so often obscure and so
illogical to analyze.
The Sex Crime Investigator
a) Get the fact no matter how embarrassing to those interviewed.
b) Be intensely suspicious. Watch for words spoken that might give both your victim or
suspect away.
c) Be extremely curious. Get to know what goes in the mind of both the victim and the
sex offender.
d) Understand all the little overtones of sex offenses.
e) Losses of interview skills. This maybe if the investigator understands the crime he is
interviewing about.
f) Have the ability to analyze and to grasp the significance of details.
g) Be thoroughly capable investigators in all phases of the criminal inquiries.
h) No crime is harder to prove and no crime is harder to disprove than sex crimes. Use
good sense to prove and hit somebody with this charge.
 i) Be intensely interested in the solution of this type of case. Remember the offender is
likely to commit another crime of the same kind.
j) Take all complaints seriously. Remember that sex offender will do things that
ordinarily are hard to explain.
k) Established reliable informants, especially in places where children gather.

Investigative Techniques
a) Determine patterns (ritualism)
1. Whether has influence on abnormal people.
2. The time and day.
3. Type of victim.
4. Get details on the choice of clothing.
5. Odor, it can be anything from the most filthy smell to the smell of trees.
6. Type of weapon used.
7. Words used. Chances are he will use the same words in the succeeding sex crime.
8. Determine exact approach.

b) Everyone is a suspect.
c) Conduct investigation of all suspects by the inner-outer ring method.

Inner Ring – the inner cycle of the victim’s life – relatives, friends of family, as
well as the victim’s schoolmates, business associates, neighbors or other
person that has connection with the victim.

Outer Ring – conditions and circumstances not immediately concerned with

the life of the victims.
d) Search for person and place; perverted sex offenders sometimes used paraphernalia
(excitement aids). Therefore, they may have a collection of fetishes, symbols, and
excitements such as pornographic materials.
e) Interview sex offenders.
1. Employ apathy.
2. Show a definite understanding and sympathy.
3. The opening is most important. Don’t fumble around. Prepare for it.
4. Employ “face saving” whenever possible.
5. Privacy in this case is very important.
6. Explore his mind/life to find out what kind of sex offender he is.
7. You must understand the language of a sex offender if you want to know what
they are talking about.
 8. Learn how to listen.

Don’ts in Interviewing a Victim

a) Don’t joke.
b) Don’t display curiosity.
c) Don’t bring people into the room.
d) Never indicate doubt to the victim.
e) Don’t be sexy.
f) Don’t put words into his mouth.
g) Don’t try to put false courage in your witness. There is no substitute for honest-to-
goodness analysis of the situation.
Evidence in Rape Cases
As with all investigations, identifications, collection and preservation of evidence
are primary responsibility of the investigator. Rape cases are sometimes unique, in that
evidence may present itself in three general areas.
- On the crime scene
- On the victim
- On the suspect (location occupied by the suspect)
Physical Evidence that may be present in Rape Cases
1. Seminal and seminal stains 8. Blood and blood stains
2. Grease stain 9. Cigarette butt
3. Tissue 10. Fibers
4. Hair strands 11. Pubic hair
5. Dried blood 12. Object from suspect
6. Soil
7. Other evidence that should be considered are bed sheets, mattress, towels and wash
rugs, discarded facial tissues, robes and sofa or chair cushions.

Rape Evidence Checklist

 Photograph all physical injuries of the victim
 Note the clothing of the victim (torn, dirty, missing bottom)
 Examine the hair (both victim and suspect) for foreign fiber, debris or blood
 Obtain fingernail scrapings for clothing, fibers, skin, blood, hair and so on.
 Obtain blood samples from the victim
 Obtain pubic hairs from both the victim and the suspect
 Obtain vaginal swabs from the victim
 Obtain anal and oral swabs from the victim
  Allow wet articles to air dry using fresh air not heated air
 Ensure that the victim has a cervical exam by a physician of her choice.
 Obtain a written report from the examining physician.

SUICIDE INVESTIGATION
The rationale behind suicide, which is defined as the intentional taking of one’s own
life, can be as simple or as complex as life itself. The person who commits suicide may see
his or her actions as some sort of solution to severe physical or psychological dilemma.
Suicide and Accidental Deaths
1. If death appears to be suicidal or accidental, handle as homicides, pending arrival of
investigators.
2. Secure immediate scene, detain witnesses.
3. Preserve all evidence, e.g. notes, weapons, pills, vials, drugs, etc. in their original
position.
4. Notify investigators.
5. If vehicles are involved, do not allow removal until photos, have been taken by
crime-scene technicians.
6. If suicides is by hanging and death is evident, do not cut body down.
7. If body is cut down because death is not evident, make cut above the knot.
8. If relative are present, get any background information which may assist
investigators.
Investigative Considerations
1. The presence of the weapon or means of death at the scene;
2. Injuries or wounds self-inflicted, or have been inflicted by the deceased;
3. The existence of a motive or intent on the part of the victim to take his or her own
life;
4. Suicide make in hanging, through the use of rope, investigator must check the
presence of ligature make in the neck or throat. If “V” or inverted ligature mark is
present and no other mark is present, it is suicide. If there are other marks present
together with the “V” mark, it is homicide.

Evaluation of the Wounds

1. Could the deceased have caused the injuries and death?
2. Was the person physically able to accomplish the act?
3. Are the wounds within reach of the deceased?
4. Are the wounds grouped together?
5. Is there more than one cause of death?
6. Describe the nature and position of the injuries?
 7. Are there any hesitation marks?

Psychological State of the Victim

1. Obtain a background of the victim from the family and friends. This background
should include medical as well as social information.
2. Were there any warning signs indicated by the victim?
3. Were there any recent deaths in the family?
4. Is there any indication of a recent upset or stress?
5. Did the victim leave any notes? Request a sample of the victim’s handwriting for
analysis in case a note is later discovered.
6. Any close personal relationship, close friends, etc? interview as soon as possible.

Any Prior Mental Disease or Defect

1. Has the deceased been under any professional treatment?
2. Has the deceased ever attempted suicide in the past?
3. Has anyone in the family ever committed suicide?
4. Was the deceased a heavy drinker?
5. Was the deceased on any medication?
6. Was there a history of drug-abuse?
7. Was there a history of physical or psychological abuse to the deceased?

The Weapon
The weapon or means of death should be present in case of suicide. However, the
absence of a weapon does not necessarily indicate that death was due to homicide.
If the weapon is observed in the hands of the deceased, the investigator should
examine the hand to see if the weapon is clutched tightly due to the cadaveric spasm. It is
important to note such clutching of weapons, as you can be sure that the person held his
weapon at the time of his or her death.
In all suspected suicidal gunshot wound cases, an examination of the hands should
be made for the presence of the shoot or powder. The weapon should be made for evidence
of discharge operability. In addition, the weapon should be examined for the presence of
blow-back materials including blood from the victim. A ballistics test should also be
conducted.
Wounds
Injuries and wounds in suicides may be very similar to those observed on
homicides. However, certain observations that the wound found on the body are consistent
with homicide or suicide should be made. For example, a person found dead from multiple
stab wounds at the back would certainly not be considered as a victim of suicide. Likewise,
if suicide case, there appear to be preferences and avoidance for certain parts of the body.
If
the victim used a knife to commit suicide, the wounds will usually be on the throat or wrist.
If the injury is a stab wound, it will generally be through the heart.
Most suicidal stab wounds involved the mid and left chest area and are multiple in
nature. The investigator should closely examine any slashing-type wounds. For evidence of
hesitation marks, which appear as parallel slashes alongside. The fatal wound is indicative
of suicide. The investigator should not jump to any conclusion based on hesitation marks,
as an assailant who has knowledge about this factors, might leave similar markings to cover
up a homicide.
If the victim uses a handgun, his target will likely be his head, toward to the chest
into the heart, followed by the abdomen. Head shots with handguns are usually found in
the temple, followed by the foreheads, or directly into the mouth. The wounds will be close
ranged as opposed to long-range. There should be evidence of powder burns/and or
smudging.

ROBBERY
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.”
Patterns of Robbery
1. Robbery of persons employed in positions placing them in charge of money or
goods. Examples are robberies of banks, stores, offices, jewelry stores, or other
sites where money change hands.
2. Robbery in open areas. This includes muggings, street robberies and purse
snatching.
3. Robbery on private premises. This represents crimes in which robbers break into
homes and rob residents.
4. Robbery after preliminary association of short duration. These type of
robberies typically occur as a consequence of a chance meeting at nightspot, party,
or a sexual encounter.
5. Robbery after precious association of some duration between victim and
offender. These are considerably less common than strangers, stranger robberies,
which account for an estimated 75 percent that total.

Investigation Procedures
The investigation of robbery poses many of the problems inherent in person-to
person crime. When victims and witnesses are confronted by an armed suspect, their
perceptive abilities are diminished. The presence of a weapon further limits perception, as
will any violent action. Since the typical robbery involves a dangerous weapon and an
emotionally disturbing atmosphere, the inquiry cannot rely on descriptions as the primary
tracing means.
Method of Operation
Because the suspect’s identity is almost always unknown to the victim, the
investigator’s first and foremost goal is to find it out. Modus operandi has always been
considered a strong tracing element in the robbery investigation. Many criminal groups
have fixed methods of operation, and robbers tend to develop a methodology early in their
careers from which they rarely deviate. Unless a robbery offender becomes aware that a
method of operation may provide a tracing clue to uncover identity, the offender will
conform to the actions naturally developed during initial robbery attempts. Regardless of
the specific category of the robbery, certain method-of-operation traits prevail. The great
majority of robberies involve the following elements.

Robbery Investigation Outline

 Exact location, date and hour of offense. Names of all person; victims, number of
robbers;
 Conditions – weather, light, house, 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 action, manner of speech, tone of voice, height,
weight, color of hair, scars, etc;
 What the victims were 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 gaged? 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 attention to “modus operandi”

POST BLAST INVESTIGATION

The purpose of processing the post blast is to gather evidence relating to the incident:
 To prove or disprove that a crime was committed
 To identify the person or people responsible for the act
Evidence Collection and Packaging
 Aid in reconstruction of the IED
 Determine the method of delivery, placement, and fuzing system
 Identify the target and suspects
Search Procedures
System 1 – to search from the center outward
System 2 – to search the entire bomb scene simultaneously

Search Procedure – System 1

 Establish the perimeters
 Secure the scene and a buffer zone
 Locate, document, and collect evidence at the blast site
 Divide the perimeter area into sections
 Determine the most effective search patterns
 Work outward until all evidence is collected
Search Procedure – System 2
 Establish the perimeters
 Secure the scene and a buffer zone
 Secure an area around the blast site and restrict access
 Divide the scene into sections
 Determine the best search pattern for each section
 Begin at the outermost sections and work inward to the blast seat – assign a
most experienced investigators in the blast seat area
 Communicate between areas and searches

What is Transnational Crimes?

United Nations, defined transnational crimes as, offenses whose inception,
prevention and/or direct or indirect effects involved more than one country.

What is Globalization?
- refers to the rapid development of the western culture that ultimately affects
other cultures in the world as brought by intellectual and technological advances, in
which some crimes occurring in other countries are attributed.

What is Transnational Organized crime?

is a crime perpetuated by organized criminal group which the aim of committing one or more
serious crimes or offenses in order to obtain directly or indirectly, a financial or other material benefits
committed through crossing of borders or jurisdictions.

ORGANIZED CRIMINAL GROUP

Shall mean a structured group of three or more persons, existing for a period
of time and acting in concert with the aim of committing one or more serious crimes or
offenses established in accordance with this convention, in order to obtain directly or
indirectly, a financial or material benefit.
On its convention on Transnational Organized Crime it declared that an offense is
transnational if it:
1. Is committed in more than one state;
2. In one state but a substantial part of its preparation planning, direction or control takes place in
another state
3. Is committed in one state but involves an organized crime group that engages in criminal activities in
more than one state, or
4. In one State but has substantial effects in another state.

Transnational Crimes
- Trafficking in Persons
- Terrorism
- Drug Trafficking
- Cybercrime
- Money Laundering
- Environmental Crime
- Economic crime
- Intellectual Property Theft
- Piracy and Armed Robbery Against Ships
- Illicit Trade (smuggling) of Small Arms and Light Weapons

HUMAN TRAFFICKING
What is Human Trafficking?

Defined as the recruitment, transport, transfer, harboring or receipt of a person

by such means as threat or use of force or other forms of coercion, abduction, fraud or
deception for the purpose of exploitation(abused).
What are the three (3) inter-related and interdependent elements of human
trafficking that must be present?
1. Act - It involves the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, harboring, or receipt of persons, with or without the
victim’s consent or knowledge, within or across national borders.
2. Means -It is committed by use of threat, or of force, or other forms of
coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of
the vulnerability of the person, or, the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person; and (Method in order
to accomplish those certain acts)
3. Purpose - It is done for the purpose of exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery, involuntary
servitude or the removal or sale of organs.

What are the Commonly Identified Form of Human Trafficking?

1) Sexual exploitation
 2) Forced labor
3) Domestic servitude and forced marriage;
4) Organ removal; and
5) Exploitation of children in begging, the sex trade and warfare

What is RA 9208?
RA 9208 -Anti-Trafficking in Persons Act of 2003
“an act to institute policies to eliminate trafficking in persons especially women
and children, establishing the necessary institutional mechanisms for the protection and
support of trafficked persons, providing penalties for its violations and for other
purposes"
RA 10364 - This Act shall be known as the "Expanded Anti- Trafficking in Persons
Act of 2012″.
IMPORTANT TERMS
"(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring,
providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons
with or without the victim's consent or knowledge, within or across national borders by
means of threat, or use of force, or other forms of coercion, abduction, fraud, deception,
abuse of power or of position, taking advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to achieve the consent of a person having
control over another person for the purpose of exploitation which includes at a minimum,
the exploitation or the prostitution of others or other forms of sexual exploitation, forced
labor or services, slavery, servitude or the removal or sale of organs.
"(b) Child – refers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination because of a physical or mental disability
or condition.
"(c) Prostitution – refers to any act, transaction, scheme or design involving the
use of a person by another, for sexual intercourse or lascivious conduct in exchange for
money, profit or any other consideration.
"(d) Forced Labor – refers to the extraction of work or services from any person
by means of enticement, violence, intimidation or threat, use of, force or coercion,
including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage
or deception including any work or service extracted from any person under the menace
of penalty.
"(e) Slavery – refers to the status or condition of a person over whom any or all of
the powers attaching to the right of ownership are exercised.
 "(f) Involuntary Servitude – refers to a condition of enforced and compulsory
service induced by means of any scheme, plan or pattern, intended to cause a person to
believe that if he or she did not enter into or continue in such condition, he or she or
another person would suffer serious harm or other forms of abuse or physical restraint, or
threat of abuse or harm, or coercion including depriving access to travel documents and
withholding salaries, or the abuse or threatened abuse of the legal process.
"(g) Sex Tourism – refers to a program organized by travel and tourism-related
establishments and individuals which consists of tourism packages or activities, utilizing
and offering escort and sexual services as enticement for tourists. This includes sexual
services and practices offered during rest and recreation periods for members of the
military.
"(h) Sexual Exploitation – refers to participation by a person in prostitution,
pornography or the production of pornography, in exchange for money, profit or any
other consideration or where the participation is caused or facilitated by any means of
intimidation or threat, use of force, or other forms of coercion, abduction, fraud,
deception, debt bondage, abuse of power or of position or of legal process, taking
advantage of the vulnerability of the person, or giving or receiving of payments or benefits
to achieve the consent of a person having control over another person; or in sexual
intercourse or lascivious conduct caused or facilitated by any means as provided in this
Act.
"(i) Debt Bondage – refers to the pledging by the debtor of his/her personal
services or labor or those of a person under his/her control as security or payment for a
debt, when the length and nature of services is not clearly defined or when the value of the
services as reasonably assessed is not applied toward the liquidation of the debt.
"(j) Pornography – refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever means, of a
person engaged in real or simulated explicit sexual activities or any representation of
the sexual parts of a person for primarily sexual purposes.

What are the Acts Considered as Trafficking in Persons?

The following are considered as an act of trafficking persons, to wit:

"(e) To maintain or hire a person to engage in prostitution or pornography;

"(g) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;

"(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or
adopt a child to engage in armed activities in the Philippines or abroad;
PENALTY: Imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
Take Note: RA 10364 inserted “Attempted Trafficking in Persons”. – Where there are acts
to initiate the commission of a trafficking offense but the offender failed to or did not
 execute all the elements of the crime, by accident or by reason of some cause other than
voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of
trafficking in persons. As such, an attempt to commit any of the offenses enumerated in
Section 4 of this Act shall constitute attempted trafficking in persons.
PENALTY: fifteen (15) years and a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than One million pesos (P1,000,000.00);
Take Note: RA 10364 inserted that Accomplice and Accessories to the crime of trafficking
in person shall be likewise punishable under this law.

Acts that Promote Trafficking in Persons

PENALTY: (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);

Qualified Trafficking in Persons

PENALTY: life imprisonment and a fine of not less than Two million pesos (P2,000,000.00)
but not more than Five million pesos (P5,000,000.00);

Investigation, Prosecution and Trial of the Crime of Trafficking in Persons

At any stage of the investigation, prosecution and trial of an offense under this Act,
law enforcement officers, prosecutors, judges, court personnel and medical practitioners,
as well as parties to the case, shall recognize the right to privacy of the trafficked person
and the accused. It must be a closed-door investigation, prosecution or trial. The
name and personal circumstances of the trafficked person or of the accused, or any other
information tending to establish their identities and such circumstances or information
shall not be disclosed to the public.

Rule in Prosecution of Cases of Trafficking in Person

–Any person who has personal knowledge of the commission of any offense under this Act,
such as the trafficked person, the parents, spouse, siblings, children or legal guardian may
file a complaint for trafficking.

Rule in Affidavit of Desistance in the case of Trafficking in Person

–Cases involving trafficking in persons should not be dismissed based on the affidavit of
desistance executed by the victims or their parents or legal guardians. Public and private
prosecutors are directed to oppose and manifest objections to motions for dismissal.

Prescriptive Period of the Crime of Human Trafficking

Trafficking cases under RA 9208 prescribes in ten (10) years; Trafficking cases committed by a
syndicate or in a large scale prescribes in twenty (20) years.
Take Note: RA 10364 inserted that if trafficking in person committed against a child it will
prescribe in 20 years.
 Rule on Extra-Territorial Jurisdiction in cases of human trafficking
"(a) Is a Filipino citizen; or
"(b) Is a permanent resident of the Philippines; or
"(c) Has committed the act against a citizen of the Philippines.

What protections are given to trafficked persons?

*Legal Protection
*Free Legal Assistance
*Right to Privacy and Confidentiality
*Witness Protection Program

Interviewing considerations on human trafficking cases

• Investigators should work together when interviewing victims and witnesses to avoid having multiple
interviews on record with conflicting information.

• Even when an interview has established trust with victims and witnesses, they may never provide a full
account in a single interview. Aside from the trauma they have suffered, other sociological and
psychological barriers impede the process, including sociocultural differences, language and gender.

• Gender issues significantly affect the interviewer’s capacity to obtain information. Trafficked women
and children frequently suffer sexual abuse and violence and may be reluctant to seek assistance
because of the shame and stigmatization which may flow from disclosing their experiences. Men,
particularly those from a culture with a traditional view of masculinity, may not want to admit their
victimization because they fear that their disclosure of losing control of their lives may lead to
perceptions of diminished masculinity. For these reasons, men and women may perhaps be more
willing to talk to law enforcement personnel and service providers of the same gender.

• Investigators who are fluent in the language of the

person they are interviewing and have cultural affinity with the person may have more
success.