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CDI-2

SPECIALIZED CRIME AND INVESTIGATION WITH


SIMULATION ON INTERROGATION AND INTERVIEW
Prepared by: Alben D. Ponso, Arian T. Oghayon, and John Benedict C. Aguilon

Project WRITE XI: An Easy Guide for Course Pack making and Module Development 1
Specialized Crime and Investigation with
Simulation on Interrogation and Interview

Course Overview
This course provides emphasis on the constitutional rights of persons arrested, placed
under investigation. It takes on the conduct of interview and interrogation of suspects, person of
interest and witnesses and simulates on the different crimes against person and property.

In order for the learners to gain competency in this course, this course pack has been
structured into three modules as follows:
Module 1: Introduction to Special Crime and Investigation
Module 2: Investigation on Crimes Against Persons
Module 3: Investigation on Crimes Against property

At the end of this course pack, learners should be able to:


Understand the importance and concept of special crime investigation.

Discover and comprehend the conduct of special crime and investigation on crimes
against persons.

Discover and comprehend the conduct of special crime and investigation on crimes
against property.

Students in this course pack are encouraged to go through the entire lesson and
participate in all exercises to widen their understanding on each topic. Students are also allowed
to use other reference if needed and may also ask help or support from their co-learners.

So enjoy each lesson while learning! Good luck!

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Table of Content
Module 1: Introduction to special crime and investigation
Module Overview............................4
Lesson 1: Introduction special crime investigation...........................5
Lesson 2: Interview and Investigation................................8
Lesson 3: Tools of investigation and methods of identification of criminals...................12
Module Assessment........................17
Reference........................................19
Module 2: Investigation on crimes against person
Module Overview............................20
Lesson 1: Homicide investigation and parricide.......................................21
Lesson 2: Infanticide and death under exempting circumstances............................24
Lesson 3: Murder and homicide.......................................27
Lesson 4: Homicide investigation procedure...................................30
Module Assessment..................................34
Reference.........................................36
Module 3: Investigation on crimes against property
Lesson 1: Robbery...........................38
Lesson 2: Theft and investigative techniques in robbery....................................42
Lesson 3: PD 532 and PD 533...............................45
Lesson 4: Art. 267 and PD 1612..............................48
Module Assessment...................................52
Reference...................................................54

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Module 1

Module Overview
Introduction to Special
Crime and Investigation

This Module:
Lesson 1: Introduction to Special crime investigation.
Lesson 2: Interview and interrogation.
Lesson 3: Tool of inion and methods.

Introduction
Good day! Welcome to module 1! Here, you are going to learn the introduction to special
crime and investigation. The primary job of an investigator, the six cardinal points of
investigation, qualities of a good investigator. This are huge help to the conduct of crime
investigation. keep on reading and enjoy each lesson.

At the end of this module, the students well be to:


Illustrate primary job special crime investigation
Illustrate interrogation techniques
Illustrate phases/stages of criminal investigation

Are you ready? You may now proceed to lesson1!

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INTRODUCTION SPECIAL CRIME INVESTIGATION
LESSON Module 1

1
Objectives:

 Illustrate the qualities of good investigator

INTRODUCTION
Welcome to lesson 1 of module 1. Here you will learn the concept of special crime investigation
and the basics about investigation. Investigating a crime scene is not an easy job. It takes a lot of
effort to solve the case. What do you think are the good qualities of an investigator? What do you
think is the purpose of investigator? Stay tuned to learn more.

ACTIVITY

What do you think is the importance and purpose of investigation? write your answer inside the
box.

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ANALYSIS
1. What is special crime investigation?
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
2. What do you think is the purpose of investigation?
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
3. What do you think are the qualities of a good investigator?
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________

ABSTRACTION
Special Crime Investigation deals with the study of major crimes based on the application
of special investigative technique.
The study concentrates more on physical evidence, its collection, handling, identification
and preservation in coordination with the crime laboratory. Special Crime Investigation involves
a close relationship between the prober in the field and the crime laboratory technician. They
work together as a team, reacting to and extending one another’s theories and findings both
working patiently and thoroughly to solve a crime from their investigative discoveries.
The present criminal justice system in our country, the court relies more on physical
evidence rather than extra-judicial confession.
PRIMARY JOB OF AN INVESTIGATOR
The primary job of the investigator is to discover whether or not an offense has been
committed under the law, after determining what specific offense has been committed, he must
discover how it was committed, by whom, where it was committed, when and why it was
committed (Cardinal points of Investigation 5W’s and 1H).
SIX CARDINAL POINTS OF INVESTIGATION
WHAT specific offense has been committed? Nature of crime
WHERE crime was committed? Place or location
WHEN it was committed? Time and date
WHOM it was committed? Persons/s involved
WHY it was committed? Reason or motive of
Committing the crime

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HOW it was committed? Manner, method or modus
operandi

QUALITIES OF A GOOD INVESTIGATOR


1. Perseverance
2. Intelligence
3. Honest
4. Understanding of the people and environment
5. Keen power of observation

TRAINING
Training, as one of the foundations of investigation, is concededly a vital ingredient in the
creation of a total investigator. Experience alone does not make one good investigator. Many
who had been hostage to this notion often ended in jeopardy. The ideal conjugal partnership is
training and experience. The fusion of the best training and vast experience is a formidable force
that can threat even the most sophisticated technology and syndicated crimes. The necessity of
training as a purveyor of change builds the investigator’s confidence. It widens his vision for
professional growth and strengthens his will to survive and prevail over crises.
The National Forensic Science Training Institute (NFSTI) under the Philippine Public
Safety College is the institution that trains uniformed personnel of the Philippine National Police
to become a certified investigator.

APPLICATION
Explain why an investigator must have the following qualities.

HONESTY PERSEVERANCE INTELLIGENCE

Congratulations! I know you will make it! I hope you enjoy and learn a lot. See you on the next
lesson

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INTERVIEW AND INTERROGATION Module 1
LESSON
2
Objectives:
 Illustrate the techniques of investigation

INTRODUCTION
Hello! This is lesson 2 of the first module. Here you will explore the difference between
investigation and interview. These two terms have one in common and that is they are both
asking, they both trying to seek answer. So, in what ways do you think they differ? Keep on
reading to learn more!

ACTIVITY
What do you think are differences between interview and interrogation? Write you answer inside
the box.

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ANALYSIS
Consider the question below.
1. Explain what is interview.
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
2. Explain what interrogation is.
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
3. Give at least 2 examples of interview and interrogation.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

ABSTRACTION
INTERVIEW – Is a conversation with a purpose, motivated by a desire to obtain certain
information from the person being interviewed as to what was done, seen, felt, heard, tasted,
smell or known.
This is the questioning of a person believed to possess knowledge that is in official
interest to the investigator.
BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No law compels a person to talk to the police if he
does not want to. Therefore, people will have to be persuaded, always within legal and ethical
limits, to talk to law enforcers. This makes interviewing an art.
I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym ‘IRONIC’ which stands for
Identity, Rapport, Opening Statement, Narration, Inquiry, and conclusion.
Identity – prior to the commencement of an interview, the investigator should identify
himself to the subject by name, rank and agency. Except, when there is no need to know the
officer’s identity.
Rapport – it is good to get the positive feeling of the subject towards the investigators,
such friendly atmosphere is a vital for both the subject and the investigator t have a better
interaction.
Opening Statement – the investigator must have to indicate why the subject is being
contracted.

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Narration – the witness should be allowed to tell all he knows with little interruptions
from the investigator.
Inquiry – after all information have been given by the subject, that is the time for the
investigator to as question to clarify him about the case under investigation.
Conclusions – after the interview, it is but proper to close the interview with outmost
courtesy and thanking the subject for his cooperation.

RULES TO BE OBSERVED IN QUESTIONING


a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
INTERROGATION –is a questioning of a person suspected of having committed an
offense or a person who is reluctant to make full disclosure of information in his possession
which is pertinent to the investigation.
What are the purposes of Interrogation?
a. To obtain confession to the crime
b. To induce the suspect to make admission
c. To learn the facts of the crime
d. To learn the identity of the accomplice
e. To develop information which will lead to the recovery of the fruits of the crime
f. To discover the details of other crimes participated by the suspect

INTERROGATION TECHNIQUES
Emotional Appeal
Place the subject in the proper frame of mind. The investigator should provide emotional
stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject’s
personality and decide what motivation would prompt him to tell the truth, and then provide
those motives through appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is apparently in
trouble. Gestures of friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind
and friendly manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave offense.

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Shifting the blame
The interrogator makes clear his belief that the subject is obviously not the sort of person
who usually gets mixed up in a crime like this. The interrogator could tell from the start that he
was not dealing with a fellow who is a criminal by nature and choice.
Mutt and Jeff
Two (2) Agents are employed.
- Mutt, the relentless investigator, who is not going to waste any time because
he knows that the subject is guilty.
- Jeff, on the other hand, is obviously a kind-hearted man.
Bluff on a Split Pair
This is applicable when there is more than one suspect. The suspects are separated and
one is informed that other has talked.
Pretense of Physical Evidence
The investigator may pretend that certain physical evidence has found by laboratory
experts against him.
Jolting
May be applied to calm and nervous subjects by constantly observing the suspects, the
investigator chooses a propitious moment to shout a pertinent question and appear as though he
is beside himself with rage. The subject may be unnerved to the extent of confessing:
CUSTODIAL INTERROGATION/INVESTIGATION – is the questioning of a law
enforcement officer on a person under custody and otherwise deprived of his freedom or liberty.
This is the stage in investigation where there is strict observance of the Miranda Doctrine.
MIRANDA DOCTRINE – this case which entitled Miranda vs. Arizona, is a US
Supreme Court Jurisprudence which laid down the constitutional rights of the accused during
custodial investigation. It was incorporated in our 1973 Constitution and later in the 1987
Constitution of the Philippines.
APPLICATION
Give at least one scenario of each interrogation techniques.

Congratulations! I know you will make it! I hope you learn more from this lesson. Are you now
ready to proceed? Good! See you there

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TOOLS OF INVESTIGATION AND METHODS
LESSON Module 1
OF IDENTIFICATION OF CRIMINALS
3
Objectives:

 Illustrate admission and confession

INTRODUCTION
Hello! This is lesson three of the first module. Here you will learn the tools of investigation and
methods of identification of criminals. In a crime, it is very important to identify a criminal. The
institution of a criminal case starts with the arrest of the suspect. So, what do you think are
methods of identifying a criminal? Continue reading to earn more.

ACTIVITY
Make a reflection paper about the importance of identification of a suspect in investigation.
Write it inside the box.

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ANALYSIS
Consider the questions below.
1. What do you think are the tools of investigation?
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
2. What do you think are the methods of identifying criminals?
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
3. What do you think are the sources of information?
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________

ABSTRACTION
THREE TOOLS OF INVESTIGATION
1. INFORMATION
It is the knowledge/data which an investigator acquired from other persons and records.

Classes of Information
a. Regular Sources – records, files from government and non-government agencies, news
items.
b. Cultivated Sources – information gathered upon initiative of the investigator from
informants, vendors, taxicab driver, GRO, and others.
c. Grapevine Sources – these are information coming from the underworld characters such
as prisoners and ex-convicts.
2. INTERVIEW AND INTERROGATION

3. INSTRUMENTATION
It is the application of instruments and methods of physical science to the detection of
crimes. In cases where there are no significant physical evidence to be found, then the use of
instrumentation is relatively unimportant.

PHASES/STAGES OF CRIMINAL INVESTIGATION


1. Identification of criminals
2. Tracing and locating the criminal

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3. Gathering of evidence to prove the guilt of the criminal

1. IDENTIFICATION OF CRIMINALS

METHODS OF IDENTIFYING CRIMINALS


a. By confession or admission of the criminal himself
b. Identification by accounts or testimonies of eyewitnesses
c. Identification by circumstantial evidence
d. Identification by associative evidence
e. Identification by the Method of Operation (Modus Operandi)

CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.
Types of Confession
a. Extra-Judicial Confession – those made by the suspect during custodial investigation.
b. Judicial Confession– those made by the accused in open court. The plea of guilt may be
during arraignment or in any stage of the proceedings where the accused changes his plea
of not guilty to guilty.
ADMISSION– is a self-incriminatory statement by the subject falling short of an
acknowledgement of guilt. It is an acknowledgement of a fact or circumstances from which guilt
maybe inferred. It implicates but does not incriminate. It is also an acknowledgement that a fact,
action or circumstances are true which strongly infer or directly admit guilt but lacks the detail of
the elements of the crime.

RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION


1. Confession or admission must be taken preferably in writing and under oath
2. It must be written in the language known and understood by the accused, if not it must be
clearly translated
3. It must be freely and voluntary given by the accused
4. Under the New Constitution, it must be taken in the presence of competent and
independent counsel chosen by the accused

KINDS OF CRIMINALS IDENTIFIED BY WITNESSES


a. Known criminals
b. Unknown criminals
Methods of Identification by witness
a. Verbal description
b. Photographic files (Rogues Gallery)
c. General Photograph
d. Artist sketch (Composite Criminal Illustration)

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The value of identification by eyewitness depends on:
a. The ability to observe and remember distinct appearance of suspect;
b. Prevailing condition of visibility;
c. The lapse of time.
What are the procedures of identification by eyewitness?
a. Physical line-up – is a means of selecting a suspect from a group of innocent persons
usually composed of seven to ten persons. The purpose of line-up is to eliminate the
power of suggestion.
b. Physical show-up – only one person is shown to the witness usually at the scene of
the crime and made immediately after the arrest of the suspect.

CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in


connection with other facts, the identity of the person can be inferred.
What must be inferred to prove identity by circumstantial evidence?
a. Motive – is what induces the criminal to act
b. Intent –is the result or accomplishment of the act
c. Opportunity –is the physical possibility that the suspect could have committed the
crime.
It could be inferred from the following:
a. The suspect could have been in the vicinity of the crime scene at the time it was
committed.
b. Knowledge of the criminal objective.
c. Absence of an alibi on the part of the criminal.

PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS


1. CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained.
It constitutes the essential parts or elements in the commission of the crime.
2. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the
suspect to the crime scene. The suspect may leave some clues at the scene such as
weapons, tools, garments or prints.
3. TRACING EVIDENCE – articles which assist the investigator in locating the criminal.
Stolen goods in the possession of the suspect in an example of tracing evidence.

MODUS OPERANDI – is the method of operation by a specific criminal or criminal syndicate.


It is a distinct pattern of how a crime is committed and is established by a series of crimes under
one classification. The modus operandi of one criminal is distinct and different from the other. It
is a criminal trademark, logo or brand name.

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APPLICATION
Give an example of confession and admission.

Congratulations! You may now proceed to the next module. See you there.

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MODULE ASSESSMENT
Encircle the letter of the correct answer. Each item is equivalent to two points. Good luck!

1. It is the knowledge/data which an investigator acquired from other persons and records.
a. inquiry b. information c. interview
2. This is the questioning of a person believed to possess knowledge that is in official interest to
the investigator.
a. inquiry b. interview c. interrogation
3. What induces the criminal to act?
a. motive b. intent c. opportunity
4. It is the result or accomplishment of the act?
a. motive b. intent c. opportunity
5. It is the physical possibility that the suspect could have committed the crime.
a. motive b. intent c. opportunity

5 points.
What do you think is the most effective techniques of interrogation name at least three? Explain
your answer inside the box below

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MODULE SUMMARY

Primary job of an investigator


the primary job of the investigator is to discover whether or not an offense has been committed
under the law, after determining what specific offense has been committed, he must discover
how it was committed, by whom, where it was committed, when and why it was committed
(cardinal points of investigation 5w’s and 1h).
Interrogation techniques
Emotional Appeal
Place the subject in the proper frame of mind. The investigator should provide emotional
stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject’s
personality and decide what motivation would prompt him to tell the truth, and then provide
those motives through appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is apparently in
trouble. Gestures of friendship may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind
and friendly manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave offense.
Shifting the blame
The interrogator makes clear his belief that the subject is obviously not the sort of person
who usually gets mixed up in a crime like this. The interrogator could tell from the start that he
was not dealing with a fellow who is a criminal by nature and choice.
Mutt and Jeff
Two (2) Agents are employed.
- Mutt, the relentless investigator, who is not going to waste any time because
he knows that the subject is guilty.
- Jeff, on the other hand, is obviously a kind-hearted man.
Bluff on a Split Pair
This is applicable when there is more than one suspect. The suspects are separated and
one is informed that other has talked.
Pretense of Physical Evidence
The investigator may pretend that certain physical evidence has found by laboratory
experts against him.
Jolting

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May be applied to calm and nervous subjects by constantly observing the suspects, the
investigator chooses a propitious moment to shout a pertinent question and appear as though he
is beside himself with rage. The subject may be unnerved to the extent of confessing
Phases/stages of criminal investigation
5. Identification of criminals
6. Tracing and locating the criminal
7. Gathering of evidence to prove the guilt of the criminal

References
Moreau, Dale M., (2002), Crime Scene Search as A Process, (Viginia, USA: FBI).
O’Hara, Charles F., (1972) Fundamentals of Criminal Investigation, Second Edition, ( Charles C.
Thomas Publisher)
Vinarao, Vicente G., (1992) PNP Investigative Manual, (Camp Crame, Quezon City: Directorate
for Investigation

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Module 2

Module Overview

Investigation on Crimes Against


Person.

This Module:
Lesson 1: Homicide investigation and parricide.
Lesson 2: Infanticide and death under exempting circumstances.
Lesson 3: Murder and Homicide.
Lesson 4: Homicide investigation procedure

Introduction
Good day! Welcome to module 2! Here, you are going to learn the investigation on
crimes against person. The primary job of an investigator and techniques in the conduct of
investigation. This help to trace out the perpetrator of the crimes and prepared the evidences to
court presentation. keep on reading and enjoy each lesson.
At the end of this module, the students well be to:
illustrate primary job of the investigator
Illustrate crimes against persons
Illustrate the elements of homicide and parricide

Are you ready? You may now proceed to lesson1!

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LESSON HOMICIDE INVESTIGATION AND PARRICIDE
Module 2
1
Objectives:
 Illustrate homicide and parricide investigation

INTRODUCTION
Hello! This is lesson 1 of the second module. Here you will explore homicide investigation and
parricide. In cases involving killing, how will you know whether the crime is parricide, murder
or homicide? What are the elements of parricide? What are the things that must not be done in
conducting investigation? keep on reading to learn more.

ACTIVITY
What do you think are the DON’T’S in crime scene investigation?

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ANALYSIS
Consider the questions below.
1. What are the three bridges that must not be crossed in investigation?
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
2. What is Parricide?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. what are the responsibilities of homicide investigator?
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________

ABSTRACTION
HOMICIDE INVESTIGATION

Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.
Primary Job of the Investigator
1. To discover whether an offense has been committed under the law.
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed
5. And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator


1. When called upon to investigate violent death, he stands on the dead man’s shoes to
produce his instincts against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the
difference between a murderer being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of
criminal justice.

Mistakes in the Homicide Investigation

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1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns behind
him. It is important that competent personnel adequately handle the case.

Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party

CRIMES AGAINST PERSON


Art. 246. 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.

Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.
Elements:
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant, or the legitimate spouse, of the accused.

ANALYSIS
Make a comic story that will portray Parricide.

Congratulations! I know you will make it! I hope you learn more from this lesson. You may now
proceed to lesson 2. See you there.

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INFANTICIDE AND DEATH UNDER
LESSON Module 2
EXEMPTING CIRCUMSTANCES
2
Objectives:
 illustrate infanticide and there exempting circumstances

INTRODUCTION
Hello! This is lesson 2 of the second module. Here you will learn death under exceptional
circumstances and infanticide. In cases involving killing, the suspects are always jailed to
suffered what they have done. In this lesson, you will a learn something unusual. So fasten your
seatbelt and enjoy your learning journey in this lesson.

ACTIVITY
Write everything you know about infanticide. Put it inside the box.

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ANALYSIS
Consider the questions below.
1. What do you understand about death under exempting circumstances?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. A kill his 3 days old son. Is this a crime of infanticide? Justify your answer.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. A kill his 1-day old son. Is this a crime of infanticide or parricide? Explain your answer.
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________

ABSTRACTION
Art. 247. Death or physical injuries inflicted under exceptional circumstances– Any legally
married person who, having surprised his spouse in the act of committing sexual intercourse with
another person, shall kill any of them or both of them in the act or immediately thereafter, or
shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any kind, he shall be exempt from
punishment.
These rules shall be applicable, under the same circumstances, to parents, with respect to
their daughters under eighteen years of age, and their seducer, while the daughters are living with
their parents.
Any person who shall promote or facilitate prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits
of this article.

Penalty: Destierro (prohibition to enter the place or places designated in the sentence, nor within
the radius therein specified, which shall be not more than 250 and not less than 25 kilometers
from the place designated.

ART 255. Infanticide


The killing of a child less than three days of age, whether the killer is the parent or
grandparent, any other relative of the child, or a stranger.

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Penalty:
1. The penalty provided in parricide and murder shall be imposed.
2. If the crime penalized in this article be committed by the mother of the child to conceal
dishonor, she shall suffer the penalty of prision mayor (6 years & 1 day to 12 years
imprisonment) in its medium and maximum periods. If committed by maternal grandparents or
either of them, the penalty shall be reclusion temporal (12 years& 1 day to 20 years
imprisonment).

APPLICATION
1. Give at least 5 examples of infanticide. Write your answer in the box bellow
2. D kill his 4 days old son. Is the crime committed by D is parricide or infanticide? WHY?

Congratulations! I know you will make it! You may now proceed to lesson 3. See you there.

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MURDER AND HOMICIDE
LESSON Module 2

3
Objectives:
 illustrate the difference of murder and homicide

INTRODUCTION
Hello! This is lesson 3 of the second module. Here you will learn the difference between
homicide and murder. There is different crime which involve killings but most of them falls
either in homicide or murder. So, how can you say that it is murder? How about homicide? Keep
on reading to learn more.

ACTIVITY
A take advantage of nighttime to kill B, his mortal enemy. What crime is committed by A?
Explain your answer.

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ANALYSIS
Consider the questions below
1. A kill B. is the crime murder or homicide? Explain your answer.
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________
2. A use a poisonous substance to kill B. Is the crime murder or homicide? Explain your answer.
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________
3. A kill his son using fire. What is the crime committed by A? Explain your answer.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

ABSTRACTION
Art. 248. Murder– Any person who, not falling with the provisions of Article 246, shall kill
another, shall be guilty of murder and shall be punished by reclusion perpetua to death, if
committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity;
2. In consideration of a price, reward or promise;
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles or
with the use of any other means involving great waste and ruin;
4. On occasion of any of the calamities of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.

Penalty: Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.


Elements of murder:
1. That a person is killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in Article
248.
4. The killing is not parricide or infanticide.

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TREACHERY
Plain and simple, there is treachery if the offended party was not given opportunity to
make a defense.
MEANING OF PREMEDITATION
Premeditation is the act of mediating in advance; deliberation upon a contemplated act; a
design form to do something before it is done.
The essence of premeditation is that the execution of the criminal act must be preceded
by COOL THOUGHT and REFLECTION upon the resolution to carry out the criminal intent
during the space of time SUFFICIENT to arrive at a calm judgment.
There is no evident premeditation without proof of planning.
EVIDENT – Clear to the eye or judgment.
ART. 249. Homicide – Any person who, not falling within the provisions of Article 246
(Parricide) shall kill another, without the attendance of any of the circumstances enumerated in
the next preceding article (Article 248), shall be deemed guilty of homicide.

Penalty:Reclusion temporal (12 years& 1 day to 20 years imprisonment)

APPLICATION
Make a comic story about Homicide and murder.

Congratulations! I know you will make it! You may now proceed to the next lesson. See you
there. =

Project WRITE XI: An Easy Guide for Course Pack making and Module Development 29
HOMICIDE INVESIGATION PROCEDURE
LESSON Module 2

4
Objectives:
 illustrate the different homicide investigation procedure

INTRODUCTION
Hello! This is lesson 4 of second module. Here you will learn the homicide investigation
procedure. In investigation of case involving killings, it is important to know the time of death of
the victim. But what are the different means to identify the time of death? What is death? Are
their different types of death? Stay tuned because you will learn that in this lesson!

ACTIVITY
What is the importance of the determination of time of death in investigation?

Project WRITE XI: An Easy Guide for Course Pack making and Module Development 30
ANALYSIS
Consider the questions below.
1. What do you think is the first essential step in homicide investigation? Explain your answer.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. What are the different types of death? Explain each.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. What are the different signs of death?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

ABSTRACTION
HOMICIDE INVESTIGATION PROCEDURES

Criminal Investigation of homicide is a discovery process. The investigator seeks to


discover and document such facts as type of death, identity of the deceased, cause of death and
motivation and identity of the perpetrator. In order to resolve these fundamental questions, the
investigation will focus on the cadaver, crime scene and post mortem examination.
The cadaver is often of prime importance as an investigative factor. The victim’s body
can reveal much through examination of wounds and other types of tracing clues that may be
present.

Establishing the Facts of Death


The first essential step of the homicide investigation is to establish that the victim is,
indeed, dead. Police officers do not have the legal authority to pronounce death, only
physicians/medical doctor can establish the fact of death. For this reason, the police officer
should never assume death unless the condition of the victim’s body demonstrates death in a
totally obvious manner.
A. Death – death is defined as the absence of life in a living matter.

B. Kinds of Death
1. Somatic Death – Clinical Death

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It is a complete, continuous, persistent cessation of respiration, circulation and almost
all brain functions of an organism. It is usually pronounced by a physician or other
members of the family.
2. Molecular Death- Cellular Death
It is the cessation of life of the individual cells in the whole body, which occurs one at
a time after somatic death.
3. Apparent Death – State of Suspended Animation
It is the state of temporary cessation of vital activities of the body or vital processes
were depressed to the minimum compatible with life. This condition is not actually
death although classified under the kinds of death, because the person or organism is
still alive although it seems that there are no signs of life.
C. Signs of Death
1. Cessation of respiration
2. Cessation of Heart Beating and Circulation
3. Cooling of the body
4. Insensibility of the body and loss of power to remove
5. Changes in the eyes
6. Changes in the skin

Identifying the Cadaver


Establishing the identity of the victim is important, it will provide tracing clues to the
motive and identity of the perpetrator, with the identity known, the investigator can focus
attention on the victim’s background and establish a possible motive through such information.
Victims encountered in indoor scenes will normally have identifying data on the body, or such
data will be available throughout the crime scene. In outdoor scenes, such evidence is normally
not as readily available, since the victim is removed from the personal environment and also
outdoor scene may not be discovered for long period of time; thus evidence may be destroyed by
elements of nature or will be lost. If there are no identifying papers on the victim’s person,
fingerprint should be used as means of identification. If fingerprint identification is unsuccessful,
the investigator must rely on other methods to establish identity.
Dental structures are highly resistant to destruction, and are frequently useful when the
other portions of the body are totally decomposed (Forensic Odontology). The skeletal remains
of the victim may also help to determine identity, as well as yield other types of information. If
bone fractures are noted, they may be used to identify the deceased, but if only corresponding
medical records can be located. The widths of the pelvic bones are excellent indicators of the
victim’s sex; Determination of the victims age maybe more difficult, in that the victims past the
age of eighteen years have generally achieved their maximum skeletal growth. However, general
age determination can be established via dental structure.

A. Points Taken into Consideration when Finding Human Dead Body Elsewhere:
1. Place where the body was found
2. Date and time when found

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3. Cause of death
4. Time when death occurred
5. Approximate age
6. Possible occupation
7. Complete description of the body

B. Points to be Considered in Identifying a Person


1. Face
2. Eyes
3. Nose
4. Head
5. Condition of hair
6. Mouth
7. Body built
8. Height
9. Weight
10. Complexion
11. Hands and feet
12. Teeth
13. Clothing
14. Ornamental
15. Personal belongings
16. Identification from spouse, parents, relatives and friends
17. Files from the police and other law enforcement agencies
18. Occupational mark
19. Race
20. Tattoo marks
21. Deformities
22. Birth marks
23. Physical defects leaving permanent results such as amputation and improper union of
the fractured bones
24. Moles
25. Scars
26. Tribal marks
27. Sexual organ
28. Blood grouping

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APPLICATION
You are looking for your mother and you don’t have any picture of her. How will you describe
him to the police officer?

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MODULE ASSESSMENT

Let’s Try!
Show the similarities and differences between homicide and murder using a Venn diagram.

Homicide Murder

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MODULE SUMMARY

Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.

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.
. Infanticide The killing of a child less than three days of age, whether the killer is the
parent or grandparent, any other relative of the child, or a stranger.
Murder– Any person who, not falling with the provisions of Article 246, shall kill another,
shall be guilty of murder and shall be punished by reclusion perpetua to death, if
committed with any of the following attendant circumstances.

References
Moreau, Dale M., (2002), Crime Scene Search as A Process, (Viginia, USA: FBI).
O’Hara, Charles F., (1972) Fundamentals of Criminal Investigation, Second Edition, ( Charles C.
Thomas Publisher)
Vinarao, Vicente G., (1992) PNP Investigative Manual, (Camp Crame, Quezon City: Directorate
for Investigation

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Module 3

Module Overview

Investigation on crimes against


Property.

This Module
Lesson 1: Robbery
Lesson 2: Theft and Investigative Techniques in Robbery
Lesson 3: P.D 532 and P.D. 533
Lesson 4: ART. 267 AND P.D. 1612

Introduction
Good day! Welcome to module 3! Here, you are going to learn the investigation on
crimes against property. The primary job of an investigator to determining either robbery or theft
was accomplice. This help to trace out the perpetrator and prepare the evidences to court
presentation. keep on reading and enjoy each lesson.

At the end of this module, the students well be to:


Illustrate crimes against property

Are you ready? You may now proceed to lesson1!

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ROBBERY
LESSON Module 3

1
Objectives:

 illustrate the crime of robbery

INTRODUCTION
Hello! This is lesson 1 of the third module. Here you will learn the crime of robbery. As we all
know, robbery somehow stealing the property of another. But, does all form of stealing are
robbery? Continue reading to learn more about robbery!

ACTIVITY
You saw a cellular phone in the comfort room. Because nobody sees you, you steal it. Is this a
crime of robbery? Explain your answer.

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ANALYSIS
Consider the questions below.

1. What is robbery?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. What are the kinds of robbery?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. What are the elements of robbery?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

ABSTRACTION
ROBBERY INVESTIGATION

Article 293 – Robbery in General


Any person who, with intent to gain, shall take any personal property belonging to
another by means of violence or intimidation of any person, or by using force upon anything
shall be guilty of robbery.

Elements of Robbery
1. That there be personal property belonging to another;
2. That there is unlawful taking of that property;
3. That the taking must be with intent to gain; and
4. That there is violence against or intimidation of any person, or force upon things.

How robbery with force upon things is committed?


The malefactors shall enter the house or building in which the robbery was committed by
any of the following means:

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1. Through an opening not intended for entrance
2. By breaking any wall, roof, floor or breaking any window or door.
3. By using false key or picklocks
4. By using fictitious name or pretending the exercise of public authority
5. By breaking of doors, wardrobes, closets or any kind of locked or sealed furniture or
receptacle
6. By taking such furniture or objects away to be broken or forced open outside the
place of robbery.

General Types of Robbers


1. Amateurs – motivated by greed, the desire for a thrill and self-testing.
2. Professionals – are those person who worked as robbers as a trade making it their
living and having no other means of income.

Note: Robbery – This is the taking or personal property belonging to another, with intent to gain,
by means of violence against, or intimidation of any person, or using force upon anything.

Two Kinds of Robbery:


1. Robbery with violence or intimidation; and
2. Robbery with force upon things.
a. Belonging to another – person from whom property was taken need not be the
legal owner, possession is sufficient. The property must be personal property and
cannot refer to real property.
b. Name of the real owner is not essential so long as the personal property taken
does not belong to the accused except if crime is robbery with homicide.
c. Taking of personal property – must be unlawful; if given in trust – estafa.
d. As to robbery with violence or intimidation – from the moment the offender gains
possession of the thing even if offender has had no opportunity to dispose of the
same, the unlawful taking is complete.
e. As to robbery with force upon things – thing must be taken out of the building.
f. Intent to gain – presumed from unlawful taking – intent to gain may be presumed
from the unlawful taking of another’s property. However, when one takes a
property under the claim of ownership or title, the taking is not considered to be
with intent to gain. (U.S. vs. Manluco, et. al., 28 Phil.360)
g. When there’s no intent to gain but there is violence in the taking- grave coercion.
h. Violence or intimidation must be against the person of the offended party, not
upon the thing.
i. General rule: violence or intimidation must be present before the “taking” is
complete.
Exception: when violence results in-homicide, rape, intentional mutilation or any
of the serious physical injuries in par. 1 and 2 of ART. 263, the taking of property
is robbery complex with any of this crime under ART. 294, even if taking is
already complete when violence was used by the offender.

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j. Use of force upon thing – entrance to the building by means described and ART.
299 and 302 (Offender must enter). The other kind of robbery is one that is
committed with the use of force upon anything in order to take with intent to gain,
the personal property of another. The use force here must refer to the force
employed upon things in order to gain entrance into a building or a house.
(People vs. Adorno, C.A. 40 0.G.567).
k. When both violence or intimidation and force upon things concur – it is robbery
with violence.

APPLICATION
Give at 5 scenarios that will portray the crime of robbery.
You saw a wallet on the floor. You stole it. Is it robbery? Explain your answer.

Congratulations! I know you will make it! I hope you enjoy and learn from this lesson. So, are
you now ready for the next topic? Good! See you there.

Project WRITE XI: An Easy Guide for Course Pack making and Module Development 41
THEFT AND INVESTIGATIVE
LESSON Module 3
TECHNIQUES IN ROBBERY
2
Objectives:
 illustrate the difference between theft and robbery

INTRODUCTION
Hello! Welcome to lesson 2 of the third module. This is the continuation of the previous lesson.
Here, you will learn the difference of theft and robbery and the investigative techniques in
robbery. You already learn the concept of robbery. How do you think it differs from theft? What
do you think are the examples of theft? Keep on reading to learn more.

ACTIVITY
You are hungry while walking. Fortunately, you saw a one thousand peso bill on the street. “Yes!
Makaon jud ko ani rog Jabi” you said. And there, you went to Jollibee and buy all the food you
want.
Question: Is there crime committed? If yes, what is it? Explain your answer.

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ANALYSIS
Consider the questions below.
1. What is theft?
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________
2. What is the difference between theft and robbery?
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________
3. What are the investigative techniques in robbery?
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________

ABSTRACTION
Robbery and Theft, compared.
a. Both robbery and theft involved unlawful taking as an elements;
b. Both involve personal property belonging to another;
c. In both crimes, the taking is done with intent to gain;
d. In robbery, the taking is done either with the use of violence or intimidation of person
or the employment of force upon things; whereas in theft, the taking is done simply
without the knowledge and consent of the owner.
Investigative Techniques in Robbery cases:
a. The investigator must initiate similar preliminary steps upon reaching the crime scene.
b. Determine the point of entrance and point of exit by the perpetrator.
c. Determine the value of stolen articles.
d. The full and detailed description of the stolen articles.
e. Gather physical evidence.
f. Determine the modus operandi of the perpetrator as it would give leads in the
identification and arrest of the suspect.
g. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of
piracy.
h. Coordinate with other law enforcement agencies.
i. Exploit investigative leads.
j. Written testimony of the complainant witness.
k. Accumulate clues and traces at the scene of a crime which will serve to identify the
offender.
l. Develop informants in the local underworld who are aware of the activity of robbery,
particularly the activity of the semi-skilled amateur groups. (usually the addict-robber)

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m. Conduct a surveillance of likely fences and uncover and trace back stolen property
from its receiver to the robber.
n. Conduct surveillance of known burglars to ascertain if they are presently committing
robbery.
o. Accumulate information on various types of robber, the known and newcomers
whether they are in or out of prison, whether they are active.
p. Be alert on a modified modus operandi.
q. In cases where homicide is committed, follow the pattern of homicide investigation.
Physical Evidence to be collected:
1. Footprints
2. Fingerprints
a. Areas of break
b. Closets – prints may be found in door and jams
c. Door knobs
d. Dressers
e. Pieces of furniture
f. Bottles and glasses
g. Walls
h. Tools
i. Desks
3. Clothing – sometimes the robbers exchange their own jackets with that one found.
4. If a window was broken in effecting entry, glass particles maybe presents in the
trouser cuffs and pockets of suspect. Samples of broken glass should be collected for
possible future comparison in the event that a suspect is picked up.
5. Paint- if a crowbar has been used to force the window, paint may adhere to the tool.
Paint samples should be taken for future comparison.
6. Tool marks
7. Tools
8. Observed odd behavior patterns in the crime scene
9. Cords and ropes used
10. Firearms used
11. Means of escape

APPLICATION
Draw anything that best describe theft. Explain.

Congratulations! I know you will make it! I hope you learn more from this lesson. You may now
proceed to the next topic. See you there.

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LESSON Module 3
P.D 532 and P.D. 533
3
Objectives:

 illustrate Anti-Piracy, anti-highway robbery law


and Anti-Cattlle Rustling

INTRODUCTION
Hello! Welcome to lesson 3 of the third module. Here, you will learn the difference between
piracy and highway robbery. You will also learn anti-cattle rustling law of 1974. Knowing the
law is important because it means you also know the limitations of your actions. So, I hope you
will learn from these special laws that will be discuss in this lesson. Are you now ready? Keep
on reading.

ACTIVITY
You are a passenger in a vessel heading to Cebu City. Everything was fine when one of the crew
of the vessel pointed a gun to the captain telling him to change the direction and went back to
Davao City. Is there a crime committed? If yes, what is it? Explain your answer.

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APPLICATION
Consider the questions below
1. Explain piracy.
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
2. Explain cattle rustling.
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
3. Explain brigandage.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

ABSTRACTION
Anti-Piracy and anti-highway robbery law of 1974 (P.D. 532)
Piracy – any attack upon or seizure of any vessel, or taking away of the whole or part
thereof or its cargo, equipment or the personal belonging of its complements or passengers,
irrespective of value thereof, by means of violence against or intimidation of persons or force
upon things, committed by any persons, including a passengers or member of the compliments of
said vessels in Philippine waters.

Highway Robbery/ Brigandage –the taking away of the property of another by means of
violence against or intimidation of persons or force upon things of other unlawful means
committed by any person or any Philippine highway.

Anti-Cattlle Rustling Law of 1974 (P.D. 533)


Cattle Rustling – Is the taking away by any means, methods or scheme, without the
consent of the owner/raiser, or any of the above animals (cow, carabao, horse, mule or other
domesticated member of the bovine family) whether or not for profit or gain, or whether
committed with or without violence against or intimidation of any person or force upon things.
It includes the killing of large cattle, or taking its meat or hide without the consent of
owner/raiser.

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APPLICATION
Make a comic story that will portray the following:
1. Piracy
2. Brigandage
3.Cattle Rustling

Congratulations! I know you will make it! I hope you enjoy ad learn a lot from this lesson. You
may now proceed to the next lesson. See you there.

Project WRITE XI: An Easy Guide for Course Pack making and Module Development 47
ART. 267 AND P.D. 1612
LESSON Module 3

4
Objectives:
 illustrate the anti-fencing law
 illustrate kidnapping and serious illegal detention

INTRODUCTION
Hello! Welcome to lesson 4 of this third module. In this lesson, you will explore the anti- fencing
law of 1979 and kidnapping and serious illegal detention. We buy every day. Most of it are foods
and things that we are using every day. But what if the item you buy was obtained through
stealing? Will you be liable for any crime? Keep on reading to find out.

ACTIVITY
Answer the question inside the box.

Question: Is there a crime if you buy an item obtained through stealing? Explain your answer.

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ANALYSIS
Consider the questions below
1. What is kidnapping and serious illegal detention?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Explain fencing.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. What is fence?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

ABSTRACTION
Anti-fencing law of 1979 (P.D. 1612)
Fencing – is the act of any person, who, with intent to gain, for himself or for another
shall buy, possess, keep, acquire, concealed, sell or in any other way, deal on any articles, items,
objects, or anything of value which he knows to have been derived from the proceeds of crime or
robbery or theft.
Fence – includes any person, firm, organization, association or corporation or partnership
and other organization who/ which commits the act of fencing.
Article 267 – Kidnapping and Serious Illegal Detention
Elements:
1. That the offender is a private individual;
2. That the kidnaps or detains another, or in any other manner deprives the latter of his
liberty;
3. That the act of detention or kidnapping must be illegal;
4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping of detention lasts for more than 3 days
b. That is committed simulating public authority
c. That any serious physical injuries are inflicted upon person kidnapped or
detained of threats to kill him are made; or
d. That the persons kidnapped is a minor, female, or a public officer.

Any private individual who shall kidnap or detain another, or in any other manner
deprives him of his liberty.

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The perpetrator shall suffer the penalty of reclusion perpetua to death if:
1. The kidnapping or detention shall have lasted for more than five days.
2. Committed by simulating public authority.
3. Any serious physical injuries shall have been inflicted upon the person kidnapped or
detained or if threat to kill shall have been made.
4. The person kidnapped or detained shall be a minor, female or 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.

Important factors in Kidnapping Cases:


1. The safe return of the victim
2. Identification and apprehension of the suspect

Initial Investigative Procedures:


1. Thorough interview of the victim if already released.
2. Search of the crime scene
3. Interview of the possible witnesses
4. Checking the modus operandi
5. Possible identification through the photographic files
6. Coordination with other law enforcement agencies

Kidnapping where ransom is involved:

Phase I. When a complaint is received, the family of the victim is requested to remain in touch
to accumulate information needed. The following types of information must be taken:
1. How the demand was made
2. Request the family to refrain from divulging the contents of the letter, note or call to
anyone except to the police authorities.
3. Emphasize the importance of news blackout as essential to the victim’s safety
4. Obtain and preserve the ransom note for laboratory examination.
5. Determine if the family intends to pay the ransom, investigators should avoid giving
the opinion as to ransom payments.
6. Find ways and means to verify if the victim is still alive.
7. Conduct family background investigation
8. Conduct covert investigation of household helpers
9. Arrange for wiretapping operations in accordance with RA 4200
10. Establish possible motives

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Phase II. After the victim has been returned or the body has been located.
After the victim has been returned dead or alive, the investigation changes, an all-out
investigation are conducted in accordance with the second objective, to identify and apprehend
the suspects. Investigative procedure includes:
1. Thorough interview of the victim. All details should be obtained.
3. Re interview all witnesses
4. Conduct surveillance
5. Determine whether the kidnapper is familiar with the victims, residential area, habits
and financial status.
6. If the victim is dead follow the pattern of homicide investigation

Pointers to be considered in Kidnapping Cases:


1. Remember that kidnap for ransom gang must be treated as witty, experienced and
dangerous armed criminals.
2. Any slightest mistake on the part of the police would mean death of the victim
3. Initiate secrecy discipline not only on the victim’s family but also within the police.
4. Experienced, trusted personnel must be utilized
5. Equipped with sophisticated communication system

Problems in the Investigation of Kidnapping Cases:


1. Out of fear, the family of the victim does not want to cooperate with the police.
2. The case is only reported after payoff of the ransom money or the victim had been
found dead.

APPLICATION
Make 3 scenarios that will shows on the act of kidnapping and serious illegal detention and 2
scenarios on anti-fencing.

Congratulations! I know you will make it! I hope you enjoy and learn from this module. If you
have question, feel free to ask your instructor when face to face class is back. God bless!

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MODULE ASSESSMENT

Let’s Try!
Show the similarities and differences between robbery and theft using a Venn diagram.

Robbery Theft

1. Any person who, with intent to gain, shall take any personal property belonging to another by
means of violence or intimidation of any person, or by using force upon anything shall be
guilty of robbery?
a. Theft b. Robbery c. all of the above
2 Any attack upon or seizure of any vessel, or taking away of the whole or part thereof.?
a. mutiny b. piracy c. hijacking
3. _____________is the act of any person, who, with intent to gain, for himself or for another
shall buy, possess, keep, acquire, concealed, sell or in any other way, deal on any articles,
items, objects, or anything of value which he knows to have been derived from the proceeds
of crime or robbery or theft.
a. theft b. fence c. fencing
4._____________includes any person, firm, organization, association or corporation or
partnership and other organization who/ which commits the act of fencing.
a. fence b. theft c. fencing

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5. ____________is the taking away by any means, methods or scheme, without the consent of
the owner/raiser, or any of the above animals (cow, carabao, horse, mule or other
domesticated member of the bovine family
a. Robbery b. Theft c. cattle rustling

MODULE SUMMARY
Robbery in General Any person who, with intent to gain, shall take any personal
property belonging to another by means of violence or intimidation of any person, or by
using force upon anything shall be guilty of robbery.
Piracy any attack upon or seizure of any vessel, or taking away of the whole or part
thereof or its cargo, equipment or the personal belonging of its complements or
passengers, irrespective of value thereof, by means of violence against or intimidation of
persons or force upon things, committed by any persons, including a passengers or
member of the compliments of said vessels in Philippine waters.
Highway Robbery/ Brigandage the taking away of the property of another by means of
violence against or intimidation of persons or force upon things of other unlawful means
committed by any person or any Philippine highway.
Cattle Rustling s the taking away by any means, methods or scheme, without the consent
of the owner/raiser, or any of the above animals (cow, carabao, horse, mule or other
domesticated member of the bovine family) whether or not for profit or gain, or whether
committed with or without violence against or intimidation of any person or force upon
things. It includes the killing of large cattle, or taking its meat or hide without the
consent of owner/raiser.
Fencing is the act of any person, who, with intent to gain, for himself or for another shall
buy, possess, keep, acquire, concealed, sell or in any other way, deal on any articles,
items, objects, or anything of value which he knows to have been derived from the
proceeds of crime or robbery or theft.
Fence includes any person, firm, organization, association or corporation or partnership
and other organization who/ which commits the act of fencing.

References
Moreau, Dale M., (2002), Crime Scene Search as A Process, (Viginia, USA: FBI).
O’Hara, Charles F., (1972) Fundamentals of Criminal Investigation, Second Edition, ( Charles C.
Thomas Publisher)
Vinarao, Vicente G., (1992) PNP Investigative Manual, (Camp Crame, Quezon City: Directorate
for Investigation

Project WRITE XI: An Easy Guide for Course Pack making and Module Development 53

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