 ‌ hat the act of sexual assault is

T
committed by any of the following
Rape means:
When and how committed:  ‌By inserting his penis into another
1. Rape is committed by a man who shall person’s mouth or anal orifice
have carnal knowledge of a woman under  ‌By inserting any instrument or
any of the following circumstances: object into the genital or anal
(abcd) orifice of another person
 ‌Through force, threat or ‌
intimidation That the act of sexual assault is
 ‌When the offended party is accomplished under any of the
deprived of reason or otherwise following circumstances:
unconscious a‌ . By using force or intimidation
R.A 8353 ‌b. When the offended party is deprived of
2. By any person who under any of the reason or is otherwise unconscious
circumstances mentioned in the paragraph ‌c. By means of fraudulent machination or
1 hereof, shall commit an act of sexual grave abuse of authority
assault by inserting penis into another's ‌d. When the offended party is under 12
person's mouth or anal or orifice, or any years of age or demented, even though
instrument or object, into the genital organ none of circumstances as mentioned
or anal orifice of another persons. above, be present.
Elements of Rape under Special Cases
paragraph 1 Robbery - is the taking of personal
property belonging to another with intent
 ‌ hat the offender is a man
T
to gain, by means of violence against or
 ‌That the offender has carnal
intimidation of any person or use of force
knowledge of a woman
upon things
 ‌That such acts are accomplished
under any of the following Elements of Robbery
circumstances;  ‌ hat there be personal property
T
 Through force, threat or belonging to another
intimidation  ‌That there is unlawful taking of
 When the woman is deprive of that property
reason or otherwise unconscious  ‌That the taking must be with intent
 By means of fraudulent to gain
machination or grave abuse of  ‌That there is violence against or
authority intimidation of any person or force
 When the offender party is under used upon things
12 years of age or demented, even Unlawful Taking when complete From the
though none of the moment the offender gains possession of
the thing even if culprit had no opportunity
to dispose the safe, the unlawful taking is
circumstances as mentioned above complete.
be present. Elements
Elements of Rape Paragraph 2  ‌ rom the moment gains possession
F
 ‌ he offender commits an act of
T from the thing
sexual assault "Taking" - Depriving the offended party of
the ownership of the thing taken from the
owner.
"Intent to Gain" is an Internal Act and
cannot be punishable unless is presumed
from the unlawful taking of personal
property.
 Violence upon the offender party
not upon the things taken.
Highway Robbery - the seizure of any
person for ransom, extortion or other
unlawful purposes or the taking away of
the property of another by means of
violence against or intimidation of person
or force upon things or other unlawful
means, committed by any person on any
highway.
Theft - Is committed by any person who,
with intent to gain but without violence
against or intimidation, of neither person
nor force upon things. Shall take personal
property of another without the latter’s
consent

CRIMINAL INVESTIGATOR
 Refers to a person who is charged with
a duty of carrying of the objectives of
criminal investigation.
EXAMPLE: To find the identity and location
of the suspect and provide evidence of his
guilt.
PRIMARY RESPONSIBILITY OF
CRIMINAL INVESTIGATOR
1. Process crime scenes by performing scene
recognition, documentation and evidence
collection.
2. Operate within the applicable laws
governing the investigation.
3. Thoroughly document scenes and gather
potential evidence (physical specimen,
documents, photograph, etc) and send to the
crime laboratory.
4. Draft detailed investigative reports and be
prepared to present evidence to the prosecutor.
5. Preserve, collect, and record impressions,
including tool marks, foot prints, tire marks,
bite marks and fingerprints.
6. Collect the day in evidence, including
blood, semen, hair, skin, blood-stained
patterns, bodily fluids, and nails.
7. Collect and trace evidence including
gunshot residue, fibers, accelerant, paint, glass
and etc.
8. Interview Informants suspects and witnesses
to certain alibis, clues, time frames and
possible suspects.
9. Prepare sketches and diagrams.
10. Obtain search warrants.
11. Perform surveillance and monitor suspects
12. Exchange information and coordinate
activities with other departments.
13. Record physical information about
suspects.
Qualities of Investigator
A. Proven working experience as criminal
investigator
B. Hands on experience with crime scene
analysis and forensic science
C. Proficient in interpreting evidence and
reconstructing events.
D. Ability to observe minute details and to
produce detailed reports
E. In depth knowledge of Criminal Law, rules
and regulation.
F. Familiarity with all types of evidence
and the rules governing their admissibility
G. Thoroughly understanding of the
investigation process and the unique
circumstances of each case.
H. Strong analytical skills along with good
interviewing and interrogation skills.
I. Honest and ethical with high level of
integrity and confidentiality
TYPES OF EVIDENCE
Circumstantial
Direct
Associative
Hearsay
Special Investigation - is a process of applying
special equipment and special expertise; once
expertise and a particular special instrument, it
also deals with the study of the major crimes
based on the application of special
investigative techniques.
Crime Scene - A venue or place where the
alleged crime or incident was committed.
Investigation – collection of facts to
accomplish a tri-fold aim
To identify the suspect
To locate the suspect
To provide the evidence of his guilt
Custodial Investigation - Investigation
conducted by Law Enforcement officers after a
person has been arrested or deprived of his
freedom of action. It includes invitation to a
person who is being investigated in connection
with an offense.
Miranda Doctrine - A principle on the rights of
a suspect from false self-incrimination during
police interrogation was enshrined in
the 1987 Philippine Constitution Bill of Rights
Article III section 12.
Combined Task Force - It is necessary for any
crimes involving drugs, guns, and terrorism
and multi-disciplinary approach, multi-
jurisdictional investigation, metro crime teams
and special investigation units.
Case Officer - The person responsible for an in
charge of the investigation of a case.
Probable Cause - Is a factor or circumstance,
sufficient to convince a person of normal
intelligence than a suspect probably involved
in a specific crime.
Crimes Against Persons
Murder - Any person not fallen within the
provision of Article 246 (homicide) shall kill
another, shall be guilty of murder and shall be
punished by reclusion temporal in its
maximum period to death. If committed with
any of the following circumstances Article 248
of the Revised Penal Code.Unlawful killing of
any person which is not
parricide or infanticide provided that any of
the following circumstances is present.
CIRCUMSTANCES OF MURDER
Elements of murder
 ‌ person was killed
A
 The accused killed him
 The killing was attended by any of the
qualified circumstances mentioned in
Article 248 of the Revised Penal
Code.
 That the killing is not parricide or
infanticide
Homicide - Any person who, not falling within
the provisions of Article 246, shall kill another
without the attendance of any of the
circumstances enumerated in the next
preceding article, shall be deemed guilty of
homicide and be punished by [reclusion
temporal].
Elements of Homicide
 Unlawful killing neither parricide,
infanticide or murder
 That the person was killed
 That the accused killed him without
any justifying circumstances
 That the accused have the intention to
kill, which is presumed.
 That the killing was not attended by
any of the qualifying circumstances of
murder or by that a parricide or
infanticide.
Accidental Homicide - Death of a person
brought about by a lawful act performed with
proper care and skill and without homicidal
intent.

Corpus Delicti “Body of the crime”

Means that a crime was actually

perpetrated and does not refer to the body of a
murdered person.
PP vs Kundai April 13, 1936/1926.- victim
lawyer, suspect lawyer (1960) the body was
not recovered

Parricide - Any person who shall kill his

father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty
of reclusion perpetua to death.

Essential Elements of Parricide

 Relationship of the offender with

the victim is the essential of this
crime.
 Parricide through Negligence Art. 365
 Parricide by Mistake
 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.