Final Notes in Cdi 3 2024 Revised

Republic of the Philippines
NUEVA ECIJA UNIVERSITY OF SCIENCE AND TECHNOLOGY

Cabanatuan City, Nueva Ecija, Philippines
ISO 9001:2015 CERTIFIED
COLLEGE OF CRIMINOLOGY
Objectives: at the end of the chapter, the students should be able to: Special Crime Investigation
with Simulation on
1. Know who Criminal Investigator is.
Interrogation and Interview.
2. Enumerate and Explain primary responsibilities crime scene
investigator, CDI 3
3. Understand the meaning in importance of Special Crime
Week 1
Investigation.
Introduction:
The purpose of crime scene investigation is to help establish what happened at the crime and to
identify the responsible person or people. Carefully documenting the situation at a crime scene and
recognizing all-important physical evidence do this. The ability to recognize and properly collect physical
evidence is often times vital to both solving and prosecuting violent crimes. Actions taken at the outset of
an investigation at a crime scene can play a pivotal role in the resolution of a case. Careful, thorough
investigation is key to ensure that potential physical is not tainted or destroyed or potential witnesses
overlooked.
From the perspective of forensic science has come to mean the application of the natural and
physical science to the motion of matters within a legal context. Forensic Science can be viewed as a
tripartite structure consisting of a collection, which pertains to the medical investigations and presentation,
which pertains to the courts. A forensic case will involve all aspects of each of the three structured
elements, each being as important as the other. It is obvious that there needs to be shared approach for
the successful end of each case. Each step in forensic science must be done in an exact order; therefore
it can be assured that the investigation can have few doubts about what is being debate. The crime scene
investigator must focus the attention on the first aspect of the three-step structure, Collections and
scientific Investigation. To determine what should be done at crime scenes, how crime scenes should be
handled and what steps must be followed to ensure that all evidence is uncontaminated as when the crime
was committed.
Happy New Year dear students, welcome back. It’s time again to
pursue our education despite on the pandemic that we are facing.
For the week 1 of our topic we will discuss on what is criminal
Let’s start Reading investigator and their functions.
folks!!!
Who is a Criminal Investigator - refers to a person who is charged with the duty of carrying on the
objectives of criminal investigation, e.g., to identify and locate the suspect and provide evidence of his
guilt. It is also responsible for investigating crimes such as, Murder homicides, assaults, and other
incidents to implicate perpetrators. Collects evidence, interviews witnesses, and testifies in court.
Investigator / Officer Shall refer to any law enforcement personnel belonging to the duly mandated law
enforcement agencies tasked to enforce Republic Act 9208 such as officers, investigators and agents of
the Philippine National Police, National Bureau of Investigation, and Bureau of Immigration.
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Take note guys that:
Crime scene investigator is a complex and multi-faceted one, as a number of subspecialties

exist within this profession. However, in general, a crime scene investigator is a professional who
is trained to collect, preserve and process evidence at the scene of a crime.
Crime scene investigators, unlike forensic scientists who conduct tests on physical evidence
within a forensic laboratory, are the on-the-scene professionals who are called to the scene of a
crime to ensure that all physical evidence is properly collected, preserved and documented
according to a strict code of standards. These investigative professionals also ensure that all
physical evidence is packaged and transported to a forensic laboratory.
What are the primary Responsibilities Investigation Officer?
The following are the primary responsibilities of a criminal investigator as such but not limited
to:
1. Process crime scenes by performing scene recognition, scene documentation and evidence
collection
2. Operate within the applicable laws governing the investigations
3. Initiate preliminary survey, generate initial theories and keep the ones that are not eliminated by
incoming information
4. Thoroughly document scenes and gather potential evidences (physical, specimens, documents,
photographs, statements etc.) to send to crime lab
5. Draft detailed investigative reports and be prepared to present evidence to the prosecutor
6. Preserve, collect and record including tool marks, footprints, tire marks, bite marks, and fingerprints
impressions.
7. Collect DNA evidence, including blood, semen, hair, skin, blood stain patterns, bodily fluids and nails
8. Collect trace evidence, including gunshot residue, fibbers, accelerant, paint, glass, etc.
9. Collect firearms evidence, including weapons, spent casings, bullet fragments, cartridges, and gun
powder patterns
10. Investigate criminal acts such as murder, homicides, sexual assaults, armed robberies, home
invasions, and property crimes such as robbery and theft etc.
11. Interview informants, suspects, and witnesses to ascertain alibis, clues, time frames, and possible
suspects.
12. Collect enough evidence to support a court case against a criminal.
13. Prepare sketches and diagrams.
14. Obtain search warrants.
15. Perform surveillance and monitor suspects.
16. Exchange information and coordinate activities with other departments.
17. Record physical information about suspects.
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Note: Throughout a crime scene investigation, the crime scene investigator must
ensure that:
1. All laws are followed

2. The crime scene and all collected evidence are properly documented
3. Evidence is processed in an expeditious manner
4. Evidence is processed without compromising it
5. Proper methods and techniques for evidence recovery are followed.
6. All equipment and resources are properly used
7. All evidence is properly handled, packaged and transported
8. All physical evidence is recovered
9. Safety precautions are followed
What are the Qualities of an Investigator
The Criminal Investigator must possess the ff.

qualities:
a. Proven working experience as criminal investigator
b. Hands-on experience with crime scenes analysis and forensic science in interpreting
c. Proficient reconstructing events
d. Ability to observe minute details and to produce evidence and detailed reports
e. In depth knowledge of criminal law, rules and legislation
f. Familiarity with all evidence types (e.g. circumstantial, direct, trace, hearsay etc.) and the
rules governing their admissibility
g. Thorough 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 levels of integrity and confidentiality
Special Crime Investigation (defined) is a process of applying special equipment and special
expertise; it needs once expertise and a particular special instrument It is also deals with the study
of major crimes based on the application of special investigative technique.
Crime Scene (defined) - A venue or place where the alleged crime/incident event has been
committed.
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Investigation. Is the collection of facts to accomplish a three-fold aim: a. to identify the suspect,
b, to locate the suspects and c. to provide evidence of his guilt. In the performance of his duties,
the investigator must seek to establish the six (6) cardinal points of investigation, namely: 1 what
specific offense has been committed: 2. how the offense was committed; 3.who committed it; 4.
where the offense was committed: 5.when it was committed: and 6.why it was committed.
Custodial Investigation - Investigation conducted by law enforcement officers after a person

has been arrested or deprived of his freedom of action. It includes an invitation to a person who
is being investigated in connection with an offense.
Miranda Doctrine A principle on the rights of a suspect from forced self- incrimination during
police interrogation as enshrined in the 1987 Philippine Constitution's Bill of Rights (Article III,
Sec. 12).
Combined Task Forces it is necessary for many crimes involving drugs, gangs and terrorism
and multidisciplinary approach, multijurisdictional investigation, metro crime teams and special
investigation units (Hess 1-25 Major Case Task Forces)
Case Officer - The person responsible for and in charge of the investigation of a case.
Case Operational Plan - A definite target-specific activity conducted in relation to an intelligence
project under which it is affected. Several case operations may fall under one intelligence project.
Refers to a preparatory plan on how to carry out a case operation which is the last resort to pursue
intelligence objectives when normal police operations fail.
Probable Cause is a factor or circumstance sufficient to convince a person of normal intelligence
that a suspect was probably involved in a specific crime.
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Objectives: at the end of the chapter, the students should be Special Crime Investigation with
able to: Simulation on Interrogation and
Interview.
1. Understand the different kinds of Criminal Investigation.
2. Determine the different Phases of Criminal Investigation. CDI 3
3. Know the importance of Criminal Investigation
Week 2
Topic: What is Criminal Investigation?
Hi there guys!! How was your week end? I hope you did great. Let’s face again another productive
week. For this week we will learn on what is Criminal Investigation.
But before we start, kindly answer the question below
In your own understanding, differentiate Criminal Investigation and Criminal Investigator.
WHAT IS CRIMINAL INVESTIGATION?
Criminal Investigation came from the Latin term Investigat, which means “to inquire or to
discover” during the 5th century (Microsoft® Encarta® 2008. © 1993-2007 Microsoft Corporation).
Criminal Investigation is a legal inquiry by virtue of a complaint to follow up, examine, trace,
track and search, step by step by patient and meticulous observation, the fact of the commission of a
crime, the identity of the actors, and the circumstances attendant thereto, by careful evaluation of all
available evidences to the end that violators of law be brought to the bar of justice, and the innocent be
relieved there from (Sadili & Pena, 1998).
Criminal Investigation is a logical process of collection and analysis of facts about persons,
things and places relative to a crime. It includes the identification of the guilty party, the location of the
whereabouts of the guilty party, and providing admissible evidence to establish the guilt of the parties
involved in the crime.
WHAT ARE THE KINDS OF CRIMNAL INVESTIGATION?
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Generally speaking, there are only two kinds of criminal investigation:

1. Investigation while the suspect is under arrest and detention; and
2. Investigation while the suspect is “at large”. It means that the suspect is not under
arrest or detention, as distinguished from fugitive from justice.
Take note guys that:
Legally speaking, the term “at large” is not synonymous to “fugitive from justice”, the former not being
a wanted person in the eyes of the law, and therefore cannot be lawfully arrested without a warrant. The
latter is necessarily an escapee from detention or an escaped prisoner while serving sentence by virtue
of a final judgment rendered by a court of competent jurisdiction who can be legally arrested (par. C, Sec
5, Rule 113, Rules of Court) without the necessity of a warrant of arrest.
THE FOUR PHASES OF CRIMINAL INVESTIGATION
1. The identification of criminal.
2. The criminal is traced, located and arrested.
3. The facts or evidence to prove the guilt of the accused are gathered.
4. Pieces of evidence are presented in court.
Criminal investigation may be defined in many ways, in the traditional concept, it means an art
that deals with the identity, location, and apprehension of a person who commits a crime and provides an
evidence of his guilt in a criminal proceeding. In the contemporary point of view, criminal investigation
is the systematic process of identifying, collecting, preserving and evaluating information for the purpose
of bringing a criminal offender to justice. (Cael & Agas, 2000).
Criminal Investigation is the logical, objective, and legal inquiry involving a possible criminal
activity. The result of the inquiry, if successful, will answer the 5 W’s and the H questions.
Based from its legal definition, Criminal investigation is a branch of jurisprudence (science of
law) that applies the theories, principles, and time-tested practices of philosophical analysis, arts and
sciences in judicial and extra-judicial proceedings (Garcia, 2004)
However, Weston and Wells defined Criminal investigation as a lawful search for people and
things useful in reconstructing the circumstances of an illegal act or omission and the mental state
accompanying it. It is the Probing from the known to the unknown, backward in time, and its goal is to
determine truth as far as it can be discovered in any post-factum inquiry.
CRIMINAL INVESTIGATION AS AN ART AND A SCIENCE
It is an art because it is governed by rigid rules or fixed legal procedures but most often based
on intuition (logic and tested knowledge, immediate learning/consciousness) and sometimes by chance.
It is a science because it involves the application of knowledge of forensic sciences in the process
of identifying, locating, collecting, processing, and/or evaluating physical evidences (Manwong, 2004)
At present, Criminal Investigation is an art and science. It exists today as the result of countless
development since policing was conceived and then institutionalized.
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What are the Nature of Criminal

Investigation?
The nature of Criminal Investigation are the following:

1. It is a systematic process based on a systematic plan, conducted in an orderly and
logical manner.
2. It deals with information in the sense that all collected data from various sources
are evaluated, described including those derived from observation, reports,
humors which may be part of the subject of investigation.
3. It involves the activities of gathering and sorting facts, identifying and collecting
evidences, processing or evaluation of evidences, locating then interrogating
suspects, assembling proof of criminal guilt, presentation of forensic evidences.
GOALS OF CRIMINAL INVESTIGATION

Generally, the goals of criminal investigation are the following:
1. To determine whether a crime has been committed;
2. To legally obtain information or evidence;
3. To identify persons involved in the crime;
4. To arrest suspects ;
5. To recover stolen properties;
6. To present the best possible case to the prosecutor.
ROLES OF AN INVESTIGATOR
1. Determine whether a crime has been committed
2. Identify the victim/s and the offender
3. Locate and apprehend the accused
4. Present evidence of guilt for the suspect/s
5. Assist in case follow-up
IMPORTANCE OF CRIMINAL INVESTIGATION

1. The problem on crimes and criminals should be carefully studied and provided with solutions.
2. It helps the five pillars of the Criminal Justice system in recognizing and identifying criminal and
provides clues or information in promoting social justice.
3. An aid in enforcing the laws and the protection of lives and properties.
In order for the Criminal Investigator to be effective, do they need to possess qualifications?
Yes indeed, please read the qualifications of criminal investigator below.

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THE CRIMINAL INVESTIGATOR

The criminal investigator is the superstar in the process of investigation. He must be capable of
observation and a rational thinker. Many times, a police investigator is being tested with his discretion.
Discretion is the wise use of one’s own judgment. He should therefore possess various qualifications,
to name some, they are the following:
1. Perseverance = Refers to the steadfastness, persistence and resolution to bring the desired
conclusion in spite of obstacles connected with criminal investigation.
2. Endurance = This is the ability to last physically and mentally hence, he must have the extraordinary
physical and mental energy, enduring sleepless nights and tiresome days.
3. Incorruptible Honesty and Integrity = In the practice of his art, there is the ever temptations of
money, women and drinks where these are present in every corner playing tricks of temptations.
4. Intelligence and Wisdom of Solomon = This is very important in order that the investigator could
easily decipher falsehood from truth and separate the gain from the chaff.
5. Acting Activity = It is the ability to go down to the level of the minor, the prostitute or the slum
dwellers, or the level of the other professionals or the members of the elite.
6. Mastery of the Oral and Written Communication in order that he will not suffer setback in getting
the accurate facts especially in the preparation of reports and or transmittal of information.
7. The Keen Power of Observation and Description = these is very important in crime scene
investigation and in interview and interrogation.
8. Courage = It is the moral fortitude to tell the truth no matter who will be hurt.
9. Working Knowledge of Criminal Law, Evidence, Criminal Procedure, and Penal Special Laws.
10. The power to “read between the lines.” This is the ability of the investigator to interpret the words
or phrases encountered in the process of investigation in their deeper meaning in order to arrive with
concrete meaning of a certain statement.
11. Working knowledge of martial arts and firearms proficiency = He will find himself in many
occasions that he will be alone in confronting, arresting, bringing to headquarters and interrogating
the suspect.
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Objectives: at the end of the chapter, the students Special Crime Investigation with Simulation on
should be able to: Interrogation and Interview.
1. Understand and explain arrest, search and CDI 3
seizure Raid and Custodial Investigation Week 3 & 4
Topic: Arrest, Search and Seizure, raid and Custodial Investigation.
Hi there again, hope that you are safe. For this week we will have a review on
arrest, search and seizure then what do Raid means and same with Custodial
Investigation. But before that let us take a look on the origin of the word Arrest
and Search.
The term “arrest” came from the Latin word “arrestare” which means “cause to stop” and “restare”
which means “stay behind”. These terms were used as early as during the 14th century. (Microsoft®
Encarta® 2008. © 1993-2007 Microsoft Corporation).
On the other hand, the word search was derived from the Anglo-Norman word “searcher,”
Old French cerchier which means “to explore,” Latin word “circare" which means “go around in
circles.” (Microsoft® Encarta® 2008. © 1993-2007 Microsoft Corporation).
As law enforcer and ordinary citizen, it is very important for us to know if what are the
prevailing laws on searches, seizures and arrest in our country. This part of our lesson lays down the
basic regulations on what are the concepts of the topic earlier mentioned. First, we must understand
terms used in this particular lesson:
So when we say Warrant of Arrest is an order in writing issued in the
name of the People of the Philippines, signed by a judge directed to a peace
officer, commanding him to arrest the person designated and take him into custody
of the law in order that he may be bound to answer for the commission of an
offense.
Alias Warrant refers to the warrant of arrest issued by a judge to the peace officer
after returning the original warrant of arrest after the lapse of the 10-day validity period.
Search Warrant is another order in writing issued in the name of the People of the
Philippines, signed by the judge and directed to a peace officer commanding him to search
for personal property and bring it before the court.
John Doe Warrant (Richard Doe/ Jane Doe) is a warrant containing no specific
name of person to be arrested but only descriptions based from the testimonies of the
victim/s or the witnesses/es. It contains the physical description of the accused as well as
other factors to be considered for the identification of the accused (Sadili & Pena, 1998).
Arrest is the actual taking of a person or persons into custody by an authority in
order that he/they may be bound to answer for the commission of an offense.
Search is the act of examining documents, papers and effects.
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Complaint is a sworn written statement charging a person or a group of persons of an offense

that is subscribed by the offended party such as the victim/s of the offense committed, or any other
peace officer charged with the enforcement of the law violated.
Information is an accusation in writing charging a person or a group of persons of an offense
that is subscribed by the prosecutor or fiscal. It is substantiated on oath and includes the name of the
party, the offense committed, facts of the offense and other factors relevant (Curton,1989) . For better
understanding, the table below, distinguishes complaint from information.
DISTINCTIONS OF COMPLAINT AND INFORMATION
COMPLAINT INFORMATION
1. Made in writing 1. Made in writing

2. Sworn Statement 2. Need not be sworn
3. Subscribed by the Offended Party, any peace 3. Subscribed by the Prosecutor/ Fiscal
officer or other officers charged with the
enforcement of the law violated
4. May be filed either in court or in the 4. Filed with the Court
Prosecutor’s office generally to commence the
preliminary investigation of the charges made.
Raid Operation
Every member of a law enforcement organization must know the technique of conducting a
raid. Raid is usually made after careful investigation and when other method of accomplishing the
mission is not suitable. Whenever available, men experienced in conducting police raids should be
chosen as raid commanders.
What is Raid – Raid is a surprise invasion of a building or area. It is a small-scale attack of a limit
territory. A raid must be legal having its basis unlawful process and conducted in a legal manner
through search warrant or warrant of arrest. Raid may be in pursuit of a person reasonably believed to
be guilty of a felony when it is known that the felony has been committed.
Purpose of Raid
According to Roxas (2008), the following are the objectives of Raid:

1. To effect apprehension
2. To obtain evidence of Illegal Activity by surprising the offenders in in flagrante delicto
3. To recover stolen Property.
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Effectiveness of Raid
The effectiveness of Raid depends on the Following:
1. Size of Raiding party
2. Surprise
3. Speed
4. Superiority of arms
5. Simplicity of Plan and Operation
Qualifications of Raid Team

1. Has Leadership Ability
2. Tactfulness
3. Coolness and Stability
4. Experience
5. Discipline Steady Nerves and Mental Stability
Composition of a Raid Team
1. Raid Commander
2. Assistant Raid Commander
3. Covering or Surroundings party
4. Going-in detail or entering Party
5. In charge of raiding party
6. In charge of rendering inoperative to the subject’s vehicle, if any
7. Recorder who should keep log of the raid, gather evidence, make inventories and testify
in court
8. Photographer.
Duties of Covering Parties or Surrounding Party
1. Covers the approach of going –in detail or entering party.
2. Prevents the escape of criminals
3. Covers the entire area of the building
4. Neutralizes fire of barricaded criminals
Duties of Going-n Detail or Entering Party
1. Calls for the surrender of criminals
2. Effects arrest of criminals
3. Incapacitates and dislodge criminals
4. Search for pieces of evidence
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What are the essential elements in Raid Operation?
Raid Operation
Coordination of individual efforts is an essential element in the success of the raid. The
raiding party should act as a team. The members of the teams must thoroughly understand the
objectives, the plan and the orders. Each man should hold his/her assigned position until his/her
position until his or her order are changed by the team leader. Before leaving the headquarters
to proceed to the target, the team leader must conduct final briefing to his/her entire personnel
(Roxas, 2008).
Coordination with the Local Station Commander
It is impressive that immediately before the service of a search warrant the team leader
should see to it that proper coordination is made with the station commander having jurisdiction
over the target premises. The coordinating party is bound merely to relay that their team is
conducting an operation in their area. This gesture of coordination is not only a manifestation of
courtesy but also a safety measure to avoid the possibility of a mistake encounter.
What are the don’ts in conducting raid?
The following should be avoided during the conduct of raid:

1. Don’t take unnecessary chances.
2. Don’t underestimate the ability or courage of the subject/s.
3. Don’t raid when not properly prepared.
4. Don’t endanger the lives of bystander
5. Don’t use raiders ha are not well-acquainted with each other
6. Don’t forget gas mask when employing tear gas
7. Don’t make unnecessary rough on the subject/s.
8. Don’t shoot to kill unless very imperative.
9. Don’t touch the evidence unless seen by witness, or by the owner or occupant of the
place
How is seizure conduced in a raid operation?
Seizure during the raid operation shall be performed through the

following guidelines.
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What are the things that can be seized at the scene of the raid?
The following will be seized at the scene of the raid:
1. Weapons that maybe use against the raiding party.

2. Articles which might be used as a means of suicide
3. Articles which might be used in escaping
4. Articles which may use in the commission of the crime
5. Proceeds or fruits of the crime
Disposition of money and other valuable property
1. Money should be counted and serial number of bills should be noted
2. Valuables should be sealed in a property envelope in the presence of the arrested
person/owner
3. Property envelope should show a complete inventory of the firearms.
4. The arrested person/owner should sign their names
5. Raiding officer should sign their name on the outer part of the envelope.
6. A receipt should be given to the arrested person/owner. However, this is qualified by the
decision of the supreme Court declaring as inadmissible in evidence the receipt for
property seized , signed by the accused, in case where mere possession of the items
seized in punishable.
Disposition of articles now covered in search warrant:

1. If the articles are illicit or contraband, the same must be seized.
2. Such articles maybe used as evidence to prosecute he person
3. Non-contraband articles must be returned to the owners or must not be seized in the first
place.
What is the l a shoot to order?
It’s believed that as the part of effecting arrest and search or

enforcing the law we need to be guided by legal established
rules. Given below are situational questions and explanatory
notes about “shoot to kill order”. Sadili &Pena, 2008
Ooopppsss!!! End of week 3 and 4. Time to

answer the activities below fellows, good luck
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Objectives: at the of this segment, the student should be able Special Crime Investigation with
to: Simulation on Interrogation and
1. Understand the meaning of Criminal Interview, Interview.
2. Identify the different qualities of a good interviewer CDI 3
3. Determine the reason why witnesses refuse to talk or
testify Week 5
4. Understand the different rules in questioning a person
involved in a crime;
5. Identify the different types of witnesses according to their
attitude
Topic: Criminal Interview
Aloha fellows! It’s me again hope that everyone is safe. For this week we will be learning on
Criminal Interview..
What is Interview and Cognitive Interview?
MEANING OF INTERVIEW
Interview is the simple questioning of a person believed to possess information, which are
relevant to the investigation of a crime or on criminal activities. In an interview, the interviewee is
willing and cooperative with the person conducting the interview.
Cognitive Interview is a form or technique in the conduct of interview upon willing and
cooperative witnesses, where they are given the full opportunity to narrate their accounts without
intervention, interruption and interference from the interviewer. After the subject has finished his
narration, the investigator now subjects him to the style of direct examination and cross-examination,
to clarify the unexplained portions to arrive at a vivid and complete picture of the testimony.
Take note fellows that: Question and Answer style of interview are also
practiced by some investigators whereby after each question by the investigator,
the interviewee is required to answer on what he knows about what is being
asked.
THE GOLDEN RULE IN INTERVIEW

In the case of subjects of low level of intelligence, the use of leading
questions greatly helps the investigator to obtain the full and desired
“Never conduct or let anyone conduct an interview if the interviewer has not gone to
the crime scene.” The questioning should be in agreement with the facts and conditions at the
crime scene. The questioning will lead wayward for the interviewer who had not seen personally the
crime scene and he will not be in a position to distinguish half-truths, exaggerations of falsehood from
the answers of the person being interviewed.
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QUALITIES OF A GOOD INTERVIEWER
1. Rapport – It is the relation between the interviewer and the interviewee, which is conducive to a
fruitful result. It is winning the confidence of a person being interviewed in order that he will tell
all the information in his possession. The interviewer must be in a respectable civilian attire
because, most often and the majority of people, the police uniforms is barrier in establishing
good rapport. To many, the uniform is intimidating.
2. Forceful Personality – The appearance of the interviewer and other qualities such as skills of
communication techniques or the force of his language are the mainstays of the strength of his
character. He must be understanding, sympathetic and without showing official arrogance,
vulgarity of expressions and air superiority.
3. Knowledge of Human Behavior – This will help the interviewer to determine the personality
and intelligence of his subject; he must go down and up to the level of understanding of his
particular subject.
4. Conversational Tone of Voice – His tone of voice must be conversational, not confrontational
as in interrogation. It means that the interviewer must know how to appropriately use his voice
normally, without making voice loud unusually that may affect the interview process.
5. Acting Qualities – He must possess the qualities of an actor, salesman and psychologist and
know how to use the power of persuasion. This is done to convince the person to disclose what
he knows about the issue being investigated.
6. Humility – He must be courteous, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview. This is usually done at the end of the interview that may give a
good impression to the person being interviewed.
REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY
1. Fear of Reprisal – witnesses who lack the courage to face the suspect, his associates or
relatives always entertain the fear of reprisal. This is natural, especially those who have no
means to protect themselves, or no influential persons for them to rely on. This is prevalent
among the generally underprivileged sectors of our society. The investigator must remove these
fears from the mind of his witnesses either by offering protection or by the explanation that unless
the suspect is not put behind bars, the fear will not disappear. The investigator’s power of
persuasion plays a vital role.
2. Great Inconvenience– On the part of those of hands-to-mouth existence there is this real
inconvenience, which will deprive them the time to earn for their living especially during the
ordeal of testifying during the trial. To those unemployed, the inconvenience is greater thus;
the investigator must sincerely help them thru his contacts with the business community.
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3. Hatred Against the Police – This hatred maybe due to previous bad experience with rogue
members of the police organization. The investigator must show the difference between him
and the rogue policeman by honest and sincere entertainment of the complaint against the
rogue cops. He must explain that these scalawags represent only small percentage of a whole
organization and the police leadership is addressing the situation properly. A calling cared of
the investigator given to this kind of witness will greatly help the situation, promising immediate
help if there is the recurrence of the bad experience.
4. Bias of the Witness – The witness maybe an acquaintance, friend, helper, or benefactor of
the suspect. All of these and other relationship of the witness to the suspect must be explored
so than an intelligent approach is properly applied.
5. Avoidance of Publicity – There are witnesses who are shy and they shun publicity that will
bring discomfort to their ordinary or obscure way of living. The investigator must hide these
witnesses away from reporters.
6. Family Restriction – Some famous and respected families preserve their reputations by
instilling to their members the need of the approval of their elders on matters affecting their
families. The investigator must talk to the elders for their approval for a member to testify.
COMMON TECHNIQUE APPLICABLE TO THE FOREGOING REASONS
Many of these witnesses want that they will not be utilized as formal witnesses but to remain
anonymous. The investigators must initially agree that the testimonies be given the shroud of
confidentiality. After the full disclosure of the information, the investigator then persuades these
witnesses to be utilized as formal witnesses especially when there is the necessity of the
testimonial evidence. The power of persuasion plays a key role.
THE STAGES OF HANDLING THE INTERVIEW
1. Preparation – The investigator should review the facts at the crime scene and information
from other sources in order that he would be ready for the questioning. A background data of
the subject should be available so that he could adapt himself to the kind of approach to be
employed.
2. Approach – The investigator must carefully select his kind of approach, which maybe a single
kind, a combination of two or the application of all techniques.
3. Warming Up – This is done by preliminary or exploratory questions to clear the atmosphere,

promote a conducive ground for cordiality, respect and trust for each other.
4. Cognitive Interview –this is performed by allowing or already asking now the subject to
narrate his/her account without interruption, intervention or interference. It is only after the
completion of the uninterrupted narration that the investigator begins the direct and cross
examination (Garcia. 2004)
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RULES IN QUESTIONING A PERSON INVOLVED IN A CRIME
1. Ask Question at a Time – Multiple, complex and legalistic questions should be avoided. One
question at a time is desired.
2. Avoid Implied Answers – The nod of the head or any other body language as a response to
the questions should be avoided. The answers must be oral, clear, explicit and responsive to
the questions.
3. Questions should be clearly stated – A short simple question at a time is required. If the
answer needs qualification, then, it should be allowed. Avoid legalistic questions such as: who
is the murderer; or who are in conspiracy with the subject.
4. Saving Faces – Embarrassing questions on the subject on matters of exaggeration or honest

errors about time, distance and description can be avoided if the investigator will cooperate
with the subject “to save his face”. The investigator should not fault or ridicule the subject on
these matters.
5. Yes and No Answers are not allowed – Do not ask questions which could be answered by
mere yes or no because it will curtail the complete flow of information and will lead to
inaccuracy.
TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE
1. Know-nothing Type – These are the reluctant type of witnesses. They are found among the
uneducated and of low level of intelligence. The technique to be applied is go down to their
level of intelligence and by interrogation.
2. Disinterested Type – This is the uncooperative and indifferent subject. To deal with them is
to find out their field of interest so that they will talk. Their indifference should be demolished
to arouse their interest or be flattered.
3. The Drunken Type – The style of questioning by the investigator should be adapted to the
psychology of the subject. When the drunken subject has sobered, another interview will be
conducted, confronting him about his disclosures while in the state of drunkenness. The
written statement must be taken during his sobriety.
4. Talkative Type – These are witnesses who are prone to exaggerate, adding irrelevant or new
matters to their narration. The skillful investigator could prune the unnecessary matters from
the relevant ones.
5. Honest Witnesses – These are the truthful and cooperative witnesses where the investigator
could rely upon, with little or no problem in handling them.
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6. Deceitful Witness – These are the liar type of witnesses. Let them lie and order them to repeat
several times their narration. They will be enmeshed in contradictions. If possible, the lies must
be tape recorded for the confrontation about their contradiction. Pressure them for possible cases
of perjury or obstruction of justice and they will tell the truth.
7. Timid Witnesses – They are the shy witnesses. The approach must be friendly and reassuring
confidentiality of their information. They should be hidden from the devouring press by interviews
or photo sessions.
8. Witnesses who refuse to answer– These are the most difficult subjects to deal with. Find out
the reasons of their personality. The cause maybe trauma, shock, fear, hatred, and others.
Remove these fetters of silence and they will start talking.
STATEMENT ANALYSIS
This is a new name in Criminal Investigation but not new in actual practice. What is new is
the term. It began in the United States when the woman reported to the police the disappearance of
her children while on board her parked car. The car also disappeared with the children. The police
for a considerable time scoured the area, interviewed scores of witnesses who claimed to have seen
nothing. A police expert carefully analyzed the video tape recording of the woman who went to the
TV station to appeal for her children. The analysis lead to a suspicion and the woman was placed
under exhaustive interrogation where she confessed that she drove the car down the river because
her live-in partner does not like her children from a former marriage. The car, together with the dead
children was subsequently retrieved from the floor of the river.
This is not a new practice in our jurisdiction. Every complaint and testimonies of witnesses
are subjected to the crucible of truth, lest the investigator will be the ignorant and unmindful weapon
of deception, frame-up or incriminatory machination against the innocent. Utmost care must be
exercised before concluding the culpability of the suspect. This is the rule in the Art of Criminal
Investigation and Detection.
COMPLAINTS AND TESTIMONIES BE REDUCED TO WRITING
Complaints and Testimonies shall be reduced into writing in the form of Questions and
Answers. Never use the affidavit form even in the testimonies of apprehending officers. Our Courts
frown upon this affidavit form, especially when there will be a variance between the affidavit and
witness stand account. The Court even went to the extent to what is truth is the witness-stand account
because the answers in the affidavit was not from the witness but the from the police investigator who
prepared the affidavit.
The narration of the witness must be based on the rules of cognitive interview. All these
complaints and testimonies must be placed under oath before an officer authorized to administer oath.
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Objectives: At the end of the lesson, the student should be Special Crime Investigation with
able to: Simulation on Interrogation and
1. Differentiate extra Judicial Confession versus Extra- Interview.
Judicial Admission. CDI 3
2. Identify the different techniques of Interrogation and
signs of Deception Week 6 & 7
Topic: Interrogation Extra Judicial Confession and Extra- Judicial Admission.
Annyeonghaseyo!!!! How was your weekend? Hope you did well. Let us welcome again this
another week and I hope it will be fruitful to us.
Last week we learn about on what is arrest, search, raid and custodial
Investigation. For this week we will learning on extra Judicial Confession and
Extra-Judicial Admission.
Let us start..
WHAT IS INTERROGATION?
CONFESSION DISTINGUISHED FROM
Interrogation is the vigorous and ADMISSION
confrontational questioning of a reluctant Confession is the declaration of the
suspect about his participation in a crime. It is accused acknowledging his guilt arising from
confrontational in the sense that the investigator the commission of a crime. While admission
places the guilt on the accused. This process is is an acknowledgement of a fact or
also applied to an uncooperative or recalcitrant circumstance without accepting guilt. Guilt
witness. The purpose of Interrogation is to maybe inferred in admission. When an
obtain confession or admission from the accused confessed to the commission of a
suspect and to learn relevant information from crime, he accepts the facts constituting the
uncooperative witnesses. offense but if he interposes self-defense or
Interrogation is one of the most difficult other exculpatory grounds, then his
but most interesting phases of criminal acknowledgement is not a confession but
investigation and detection. It is the admission.
confrontational battle of wits between the KINDS OF CONFESSION
investigator and the suspect. It is a mental
combat where the weapon is intelligence and 1. Extra Judicial Confession – Those made
the use of the art. Victory depends upon proper by the suspect during custodial
and effective use of the art. investigation. Simply explained are that
those confessions are made outside of the
Court.
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Remember guys that there are two Kinds of Confession and these are Extra-Judicial
and Judicial Confession, under Extra Judicial Confession we have different kinds.
Kinds of Extra-Judicial Confession:

a. Voluntary Extra-judicial Confession- The confession is voluntary when the accused speaks
of his free will and accord, without inducement of any kind, with a full and complete knowledge
of the nature and the consequence of the confession. And when the speaking is so free from
influences affecting the will of the accused, at the time the confession was made that it renders
it admissible in evidence against him.
b. Involuntary Extra-judicial Confession- Confessions obtained through force, threat,

intimidation, duress or anything influencing the voluntary act of the confessor.
Important note: Confessions obtained from the defendant by means

of force or intimidation/violence is null and void, and cannot be used against
him/her in the trial. A confession made under the influence of spiritual advice
or exhortation is not admissible. The same through as confession made under
the influence of paternal sentiment is not admissible as evidence.
2. Judicial Confession – Those made by the accused in open Court. The plea of guilt maybe during
arraignment or any stage of the proceedings where the accused changes his plea of not guilty to
guilty.
It is conclusive upon the court and may be considered to be a mitigating circumstance to
criminal liability.
A plea of guilty when formally entered on arraignment is sufficient to sustain to sustain a
conviction of any offense, even a capital one, without further proof.
Sec. 2, Rule 129, Rules of Court states that “Judicial Admission is made by the party in the
pleadings, or in the course of the trial or other proceedings do not require proof and cannot be
contradicted unless previously shown to have been made through palpable mistake.”
TRIAL IN A COURTROOM
Laws are official rules made by

governments. They keep peace
and create order. If people
break laws, they might go to
court for a trial. In this photo, a
lawyer represents his client
before a judge. (David R.
Frazier/PhotoResearchers,
Inc.(Microsoft ® Encarta ® 2008. ©
20 of 60 1993-2007 Microsoft
Corporation).
What is custodial interrogation or investigation?
CUSTODIAL INTERROGATION OR INVESTIGATION

Custodial interrogation or investigation is the term to denote the investigation conducted
by the investigator on the suspect who is under police custody. This is the stage of the investigation
where there is strict observance of the MIRANDA DOCTRINE.
MIRANDA RIGHTS originated from the American jurisprudence. Mr. Ernesto Miranda, a
Latino was accused of kidnapping and rape in the State of Arizona. The Arizona Police leading to
his confession interrogated him exhaustedly. Based on his confession, he was charged, tried and
convicted. Appeal of his conviction was made before the Arizona Supreme Court but his conviction
was affirmed. The appeal was then elevated to the US Supreme Court where there was a reversal
of the decision and he was acquitted on Constitutional grounds.
It was in this case, entitled Miranda vs. Arizona (Ernesto Miranda versus State of Arizona,
USA) that the US Supreme Court laid down the constitutional rights of the accused during the
custodial interrogation. It was incorporated in our 1973 Constitution and later in the 1987 Constitution
of the Philippines. This is known as the Miranda Rule, Doctrine, or Warning.
THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION
a. Right to remain silent.
b. Right to counsel of his own choice and if he has none, the government must provide one for him;
c. Right to be informed of the nature of the charges against him and whatever he says may be used
for or against him.
These rights could be validly waived in writing and with the assistance of Counsel in order
that the ensuing confession be admissible in evidence. The confession must also be in writing,
signed and sworn to by the accused
THE TECHNIQUES OF INTERROGATION
a. Emotional Appeal – This is a technique where the investigator, combining his skills of an actor
and a psychologist, addresses the suspect with an emotional appeal to confess. This is
applicable to first time offenders or those who are of the emotional type of characteristics
displayed by nervousness or emotional disturbances. Devotees of a religion may belong to this
type.
b. Sympathetic Approach – The investigator, in his preliminary or probing questions must dig deep
into the past troubles, plight and unfortunate events in the life of the suspect. An offer of help,
kindness, friendliness, may win his cooperation.
c. Friendliness – A friendly approach coupled with a posture of sincerity may induce the suspect
to confess.
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d. Tricks and Bluff Techniques:

(1) The Pretense Of Solid Evidence Against The Accused – The Investigator bluffs the
suspect that even if he will not confess, there is enough evidence to send him to jail. If he
will confess, the investigator will see to it that his prison term will be within the range of
probation.
(2) The Weakest Link – Among the suspects, there must be a careful selection of who among
them is the weakest link where the interrogation will begin. By tricks and bluffs, this weakest
link will be told that his companions had already confessed. That this weakest link had dealt
the fatal blow or that he received the lion share of the loot in order to intrigue him.
(3) Drama – The weakest link maybe used to fake pain and agony by ordering him to shout,
accompanied by banging a chair on the wall to make it appear that a commotion is going on.
The other suspects in separate rooms must hear the drama before telling them that their
partner had confessed.
(4) Feigning Contact with Family Members – The suspect could be tricked that the
investigator had gone to the residence and the family members had supplied facts against
the suspect. The suspect’s family will be dragged into the investigation if the suspect will
not confess.
(5) The Line Up – The complainant, witness or victim is requested to point positively the suspect
who is among persons in the police line-up. The witnesses’ victims or complainant are
previously coached about the identity of the suspect.
(6) Reverse Line Up – The suspect is placed among other persons in a line up and he is
identified by several complainants and witnesses who will associate the suspect in other
several crimes. This will cause the suspect to become desperate and confess only to the
case under investigation, to avoid from being charged on false accusations.
e. Stern Approach – The investigator displays a stern (demands immediate response) personality
towards the suspect by using the following methods:
1) Jolting – Is the questioning technique where the investigator selects the right moment to
shout to the subject with a pertinent question in an apparent righteous outrage. With this,
the suspects’ nerves may break into a confession.
2) Opportunity to Lie – The suspect is given all the opportunities to lie. The suspect is
questioned about his personal life, family, friends and his knowledge about the complainant
and witnesses. Then the suspect is questioned about his activity prior, during and after the
commission of the crime. This is repeated many times, to include the investigator focusing
his questions about the knowledge of the suspect of the crime. The suspect will be
enmeshed in contradictions, which is now capitalized by the investigator to get the truth from
the suspect. If possible, the interrogation must be taped recorded for purposes of emphasis
during the confrontation of the contradictions.
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f. The Mutt and Jeff or Sweet and Sour Method – The first set of investigators must appear to
be rough, mean and dangerous. When they had finished the interrogation, the second
investigator intervenes by stopping the first set of investigators. By being sympathetic and
understanding, he begins his interrogation. If the suspect still refuses to cooperate, then the
process is repeated until there is a confession.
g. Removing the Ethnic or Cultural Barrier – If the suspect is an Ifugao, an Ifugao investigator
and the same should interrogate him, the same with other ethnic or cultural groups.
It is the Filipino’s way of life that we put our trust and confidence to those who belong to
our clan or tribe. The interrogation must be in the language or dialect of the suspect so that we
could get his full confidence. This is removing the language barrier.
h. Searching for the Soft Spot – In every man’s heart, there is always that softest spot. The heart
may have been hardened to steel by poverty, destitution, hopelessness, despair, apathy,
indifference, injustice, hatred or other factors, yet there is always that spot which could be
discovered by the investigator thru his knowledge of human behavior. That spots maybe the
youngest child, the wife, the mother, and the brother who acted as his father, the grandparents
or the best friend. Once discovered, there must be a face-to-face meeting with that special person
and that heart of steel will melt to pieces. This technique is not only used during interrogation but
also during crisis management in hostage situations.
ADDITIONAL MODERN TECHNIQUES OF INTERROGATION
Actually, these modern techniques are called from the techniques afore-cited. What is new
about them are their names and designations.
1. Rationalization – It is the use of reasons, which is acceptable to the subject that led to the
commission of the crime. Thus, it may be said that sometimes, killing is a necessity rather than
by purpose or design. Robbery maybe a necessity to feed a starving family. The application of
this technique depends upon the nature of the crime.
2. Projection – It is the process of putting the blame to other persons, not alone to the suspect.
The murderer may blame the mastermind for corrupting him with big sums of money, or the
mastermind blaming the greediness of the victim or the husband blaming the wife for her
infidelity. Or that it is a necessary evil as the victim is planning to kill the suspect.
3. Minimization – It is the act of minimizing the culpability of the suspect. The investigator
convinces the suspect that a confession will reduce the offense and the penalty. Thus, the
investigator could study it if there is a way to downgrade murder to homicide or the introduction
of mitigating circumstances with the result of the penalty being within the range of probation.
PHYSICAL SIGNS OF DECEPTIONS

The physical signs of telling a lie are not absolutely bases in saying that a person is not telling
the truth when observed from him/her. Nevertheless, the following shall serve as additional situations
the investigator must have to observe:
1. Excessive Sweating – Profuse sweating indicates tension, anxiety, shock or fear. Extreme
nervousness is also the cause of sweating.
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Objectives: at the end of this segment the student should Special Crime Investigation with
be able to: Simulation on Interrogation and
1. Understand the principles of hearsay rule, dying Interview.
declaration and part of res gestae
CDI 3
Week 8
Topic: Hearsay Rule, Dying Declaration and Part of Res Gestae

What is HearsayGoodRule?
day everyone, welcome to this another fruitful week. At this point we are
Hearsay is a statement other than
going to discuss theone made by
principles the declarant
of dying while
declaration testifying
and Let’sorstart.
at a trial
res gestae. hearing,
offered to prove the truth of the facts asserted therein. A statement is:
a. An oral or written assertion; or
b. A non-verbal conduct of a person, if it is intended by him or her as an assertion.
Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal
knowledge; that is, which are derived from his own perception. Any statement which derives its
strength from another’s personal knowledge is hearsay, and is therefore inadmissible.
Hearsay evidence is inadmissible except as otherwise provided in the Rules of Court. A

statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-
examination concerning the statement, and the statement is:
a. Inconsistent with the declarant’s testimony, and was given under oath subject to the penalty of
perjury at a trial, hearing, or other proceeding, or in a deposition;
b. Consistent with the declarant’s testimony and is offered to rebut an express or implied charge
against the declarant of recent fabrication or improper influence or motive; or
c. One of identification of a person made after perceiving him or her.
What are the exceptions to the Hearsay Rule?

1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse
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Dying declaration
The requisites of Dying Declaration are the following:
• The declarant must be a competent witness;
• The declaration must relate to the circumstances surrounding his death;
• The declaration must be made freely and voluntarily under the consciousness of an
impending death;
• The death of the declarant is the subject of inquiry; and
• The declarant must die.
Part of res gestae

Statements made by a person while a startling occurrence is taking place or immediately prior or
subsequent thereto[,] under the stress of excitement caused by the occurrence with respect to the
circumstances thereof, may be given in evidence as part of the res gestae. So, also, statements
accompanying an equivocal act material to the issue, and giving it a legal significance, may be
received as part of the res gestae. (42a)
Take Note:
Res Gestae has two aspects and they are the following:
• Spontaneous statements; and
Spontaneous statements or utterances are those no longer available for cross – examination taking
place or immediately prior or subsequent thereto[,] under the stress of excitement caused by the
occurrence with respect to the circumstances thereof
• Verbal acts.
Verbal acts are those statements accompanying an equivocal act material to the issue and giving it
a legal significance.
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Learning Objectives: Special Crime Investigation with

Simulation on Interrogation and
Interview.
Students should be able to get a passing CDI 3
percentage of 75% in the midterm examination.
Week 9
Good day everyone, welcome to this another fruitful week. At this point we are
going to discuss the principles of dying declaration and res gestae. Let’s start.
It's a brand new day learner! It is a good day to start the week by studying your lessons, prepare
for our midterm examination. The coverage will be modules from week 1-8, don't forget to include
the additional learning resources like videos and articles on the web (some of it are in learning
assessment). Wait for the announcement in the Messenger regarding the examination's schedule,
good luck!
That would be all for today! See you next week! ☺
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Objectives: at the end of this segment the student should be able Special Crime Investigation
to: with Simulation on
1. Understand the different crimes related to property, such Interrogation and Interview.
as Robbery, theft, malicious mischief, etc.
2. Familiarized the elements of different crimes related to CDI 3
property, such as robbery, theft malicious mischief
3. Understand the imposable penalty to different crimes related Week 10 & 12
to property such as; Robbery, Theft, malicious Mischief.
4. Identify the person liable to different crimes related to
person such as; robbery, theft, malicious mischief.
Topic: Specialized Crimes Related to Property (Robbery, theft, Malicious mischief

Introduction
Crimes against property is any criminal act that destroys another's property, or that deprives
an owner of property against the owner's will. The criminal law generally considers these crimes less
serious than violent crimes, or crimes against persons, but they can still constitute very serious felony
charges.
Arson and vandalism are examples of crimes that destroy another’s property. Examples of
crimes that unwittingly deprive an owner of property are far more abundant, including larceny,
embezzlement, goods, extortion (blackmail), robbery la combination of violent crime and crime against
receiving Property), burglary, and industrial espionage, to name just a few. There are also a wide range
of crimes that fall under the domain of intellectual property law, and the occurrence of these is rising
sharply as information becomes a stronger and stronger motive force in the economies of the
developed and developing world.
At early British common law, there was only one kind of crime against property, larceny. There
was also only one punishment for larceny in those times: death. As time went on and judges became
more and more reluctant to execute people for pick-pocketing and petty theft, many crimes that bore
striking resemblance to larceny were classified as something else so that the death penalty could be
avoided. In the United States today, where life and liberty are categorically valued above property, no
crime against property is considered serious enough to warrant the death penalty.
In the Philippine context special crime investigation is 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 extrajudicial confession.
Crimes against property are crimes of theft, where no force or threat of force is directed against an
individual. It includes:
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Robbery is the taking of personal property belonging to another, with intent to gain, by means of
violence against or, intimidation of any person, or use of force upon things.
Who are guilty robbery?
Any person who, with intent to gain, shall take any personal property belonging to
another, by means of violence against or intimidation of any person, or using force
upon anything shall be guilty of robbery. (Art. 293 RPC).
Classification of Robbery
1. Robbery with violence against, or intimidation of persons (294,297,298)
2. Robbery by use of force upon things (299& 302)
Elements of Robbery in General
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
4. That there is violence against or intimidation of any person/ or force used upon things
- Violence or intimidation must be present before the taking of personal property is complete
- Republic Act 6539 is the law applicable when the property taken in robbery is a motor vehicle
Personal Property
The property taken must be personal property, for it real property is occupied or real right is usurped
by means of violence against or intimidation of person, the crime is usurpation (art.312)
Take note: Belonging to another
The phrase "belonging to another” which means that the property taken does not belong to the offender.
The person from whom the personal property is taken need not be the owner.
Thus, one who, by means of violence or intimidation, took his own property from the depositary is
not guilty of robbery. Since personal property must belong to another, a co- owner or a partner cannot
commit robbery or theft with regard to the co -ownership or partnership property.
In the commission of the crime of robbery, it is not necessary that the person from whom the property is
taken by means of threats and violence. Shall be the owner thereof. It is sufficient if the property is taken
from him by means of threats and violence for the purpose of gain, on the part of the person appropriating
it. (US vs. Albano, 29 Phil. 86)
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Taking of personal property must be unlawful
The "unlawful taking” of personal property is an essential part of the crime of robbery, and where
the taking was lawful and the unlawful misappropriation was subsequent to such taking, the crime
is estafa or malversation (US vs. Atienza, 2 Phil. 242)
Hence, if the agents of the authorities, in the beginning, lawfully seized the forbidden article and
conceived the idea of misappropriating it only after it come into their possession, then the crime
would be estafa. (US vs. Lim, 28 Phil. 404)
Unlawful taking, when complete
1. As to robbery with violence against intimidation of persons.
From the moment the offender gains possession of the thing, even if the culprit has had no
opportunity to dispose the same, the unlawful taking is complete. The fact that the defendant in his
flight threw away the property stolen or that it fell without his knowledge, does not affect the nature
of the crime.
Defendant saw his victim put money into his coat jacket. The next day defendant held up and
deprived him of the coat, but finding the money was not there. Defendant threw away the coat. Held:
guilty of robbery of the coat, the offense having been complete when the defendant forcibly deprived
him thereof. (Brown vs. State, 61 Tex. Cr. 334, 136 SW 265)
2. Robbery with force upon things.
When the culprit had already broken the floor of the bodega, had entered it, and had removed one
sack of sugar from the pile, but was caught in the act of taking out the sack of sugar through the
opening on the floor, it was frustrated robbery only. (People vs. De Rosario, C.A.46 O.G. 4332
Intent to gain
Intent to gain is presumed from the unlawful taking of personal property. The intent to gain, being
an internal act, cannot be established by direct evidence, except in case of confession by the
accused. It must therefore, be deduced from the circumstances surrounding the commission of the
offense. As a general rule, however, the unlawful taking of personal property belonging to another
involves intent to gain on the part of the offender. (People vs. Sia Teb Ban, 5.4 Phi. 52)
Note: It would seem that in this kind of robbery, the thing must be taken out of the building to
commensurate the crime.
Taking as an element of robbery, means depriving the offended party of ownership of the thing
taken with the character of permanency.
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The taking of personal property belonging to another should not be under claim of ownership. One
who takes personal property openly and avowedly under claim of title proffered in good faith is not
guilty of robbery even though the claim of ownership is untenable. (U.S.vs. Manluco, et al, 28 Phil
360)
Absence of intent to gain will make the taking of personal property grave coercion if there is violence
used (An: 286 RPC)
Violence or intimidation, as an element of robbery
The violence must be against the person of the offended party, not upon the thing taken. Theft, not
robbery, was committed in a case where the accused cut with the bolo the string trying to open of
a sack containing palay and then took the palay. (People vs. Adame C.A. 40 0 G Supp. 12,41)
The reason for this ruling is that Art. 293 states that the taking of any personal property belonging
to another must be among other means, by means of violence against person xxx any person.
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 thing or other unlawful means, committed by any person on any Philippine Highway.
Who are liable for theft?
Theft is committed by any person who, with intent to gain but without violence,
against, or intimidation of neither persons nor force upon thing, shall take
personal property of another without the latter's consent. Art 308 RPC
Theft is likewise committed by
1. Any person who, having found lost property, shall fail to deliver the same to the local authorities
or to its owner,
2. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or objects of the damage caused by him;
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which
belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest of farm products.
Elements
1 That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the owner;
5. That the taking be accomplished without the use of violence against or intimidation of persons
or force upon things.
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What distinguishes Theft from Robbery is that in theft the offender does not use violence or
intimidation or does not enter a house or building through any of the means specified in Art. 299
or Art. 302 in taking personal property of another with intent to gain.
Presidential Decree 581 - punishes "High grading" or Theft of Gold.

Presidential Decree 401 - punishes the use of tampered water or electrical, meters to steal water
or electricity.
Meaning of "taking " in theft
In theft taking, taking away or carrying away personal property of another is not required as in
larceny in common law. (People vs. Mercado, 65 Phil. 665). The theft was consummated when
the culprits were able to take possession of the thing taken by them. It is not an indispensable
element of the thief carry, more or less far away, the thing take by him from its owner. (People
us. Jaranella, 55 SCRA. 563)
Robbery and theft compared.
For robbery to exist, it necessary that there should be a taking against the will of the owner; and
for theft, it is suffices that the consent on the part of the owner is lacking. (People vs.Chan Wat,
49 Phil. 116)
Qualified Theft
The crime of theft shall be punished by the penalties next higher by two degrees than those
respectively specified in the next proceeding articles, if committed by domestic servants or with
grave abuse of confidence, or if the property stolen is motor vehicle mail matter or large cattle or
consist of coconut taken from the premises of the plantation or fish taken from a fishpond or
fishery, or if the property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption,
or any other calamity, vehicular accident or civil disturbance. Art. 310 RPC ( As Amended by
R.A. No. 120 and B.P. Blg.71, May 1,1980)
Person liable for the crime of theft

1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is a motor vehicle, mail matter, or large cattle
4. If the property stolen consists of coconuts taken from the premises of plantation
5. The property stolen is fish taken from the a fishpond or fishery
6. If property is taken on the occasion of fire, Earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil disturbance
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Malicious Mischief
Malicious Mischief (defined) is the unlawful damaging of another's property for the sake
of causing damage due to hate, revenge, or other evil motive.(Art 237 RPC) What are the
crimes classified as malicious mischief
They are:
1. Special Cases of Malicious Mischief. (Art 238 RPC)

2. Other Mischief (Art 239 RPC)
3. Damage and obstruction to means of communication (Art 330 RPC)
4. Destroying or damaging statutes, public monuments or paintings (Art 331 RPC)
Who are liable for malicious mischief?
Any person who shall deliberately cause to the property of another

any damage shall be guilty of malicious mischief. (Art 237 RPC
Elements of Malicious Mischief
1. That the offender deliberately cause damage to the property of another.

2. That such act does not constitute arson or other crimes involving destruction.
3. That the act of damaging another's property be committed merely for the sake of
damaging it.
Note: These three elements presupposes that the offender act due to hate, revenge or
other evil motive.
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Objectives: at the of this segment, the student should be able to: Special Crime
Investigation with
1. Understand the essential provisions of PD 1612, PD 533 and PD 532
Simulation on
Interrogation and
Interview.
CDI 3
Week 13-14
Topic: PD 1612, PD 533 & PD 532

ANTI-FENCING LAW
What is Fencing?
It refers to the crime of buying or transacting with stolen goods knowing or should have known that
they are proceeds of a crime.
a. Legal basis
Fencing – is “the act of any person who, with intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or anything of value which he knows, or should be known to
him, to have been derived from the proceeds of the crime of robbery or theft.” (P.D. 1612, Section
2[a])
Fence – includes “any person, firm, association corporation or partnership or other organization
who/which commits the act of fencing.” (P.D. 1612, Section 2[b])
b. Legislative history
Before P.D. No. 1612, a fence could only be prosecuted for and held liable as an accessory, as the
term is defined in Article 19 of the Revised Penal Code. The penalty applicable to an accessory is
obviously light under the rules prescribed in Articles 53, 55, and 57 of the Revised Penal Code,
subject to the qualification set forth in Article 60 thereof. Nothing, however, the reports from law
enforcement agencies that “there is rampant robbery and thievery of government and private
properties” and that “such robbery and thievery have become profitable on the part of the lawless
elements because of the existence of ready buyers, commonly known as fence, of stolen properties,”
P.D. No. 1612 was enacted to “impose heavy penalties on persons who profit by the effects of the
crimes of robbery and theft.” Evidently, the accessory in the crimes of robbery and theft could be
prosecuted as such under the Revised Penal Code or under P.D. No. 1612. However, in the latter
case, he ceases to be a mere accessory but becomes a principal in the crime of fencing. Elsewise
stated, the crimes of robbery and theft, on the one hand, and fencing, on the other, are separate and
distinct offenses. The state may thus choose to prosecute him either under the Revised Penal Code
or P.D. No. 1612, although the preference for the latter would seem inevitable considering that
fencing is a malum prohibitum, and P.D. No. 1612 creates a presumption of fencing14 and
prescribes a higher penalty based on the value of the property. (Dizon-Pamintuan v. People, G.R.
No. 111426, July 11, 1994, Per Davide, Jr., J.)
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What are the elements of Anti-fencing?

The essential elements of fencing:
1) A crime of robbery or theft has been committed;
Note: For there to be fencing, there must first be a crime of robbery or theft to be committed.
Fencing presupposes that there was a prior robbery or theft of the stolen things that are being sold
or transacted. Thus, if there is no robbery or theft, there is no fencing.
2) The accused, who is not a principal or accomplice in the commission of the crime of
robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or
buys and sells, or in any manner deals in any article, item, object or anything of value,
which has been derived from the proceeds of the said crime;
Note: In fencing, the offender buys, receives, possesses, keeps, acquires, conceals, sells or
disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value,
which has been derived from the proceeds of the crime of robbery or theft.
The law on fencing does not require the accused to have participated in the criminal design to
commit, or to have been in any wise involved in the commission of, the crime of robbery or theft.
(Estrella v. People [2020], supra.)
[T]he crimes of robbery and theft, on the one hand, and fencing, on the other, are separate and
distinct offenses. The state may thus choose to prosecute him either under the Revised Penal
Code or P.D. No. 1612, although the preference for the latter would seem inevitable considering
that fencing is a malum prohibitum, and P.D. No. 1612 creates a presumption of fencing14 and
prescribes a higher penalty based on the value of the property. (Dizon-Pamintuan v. People [1994],
supra.)
3) The accused knows or should have known that the said article, item , object or anything
of value has been derived from the proceeds of the crime of robbery or theft; and
Note: The law requires that the offender has knowledge or ought to have known that the things
being transacted were proceeds of the crime of robbery or theft. For clarity, the bare minimum
requirement is that the offender ought to have known – and thus actual knowledge is not
necessary.
4) There is on the part of the accused intent to gain for himself or for another. (Estrella v.
People, G.R. No. 212942, June 17, 2020, Per Inting, J.)
Note: The offender should have intent to gain for him/herself or for another. This requirement
should be clearly proven beyond reasonable doubt to establish the deceit on the part of the
offender.
OTHER THINGS TO NOTE:

a. Malum prohibitum
[F]encing is malum prohibitum. Consequently, PD 1612 creates a prima facie presumption of
fencing from evidence of possession by the accused of any good, article, item, object, or anything
of value, which has been the subject of robbery or theft; and prescribes a higher penalty based on
the value of the property.34 In short, the law does not require proof of purchase of the stolen
articles, as mere possession thereof is enough to give rise to a presumption of fencing. (Masil v.
People, G.R. No. 241837, January 05, 2022, Per Inting, J.)
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b. Presumption of fencing
Mere possession of any good, article, item, object, or anything of value which has been the subject
of robbery or thievery shall be prima facie evidence of fencing. (P.D. 1612, Section 5)
c. Clearance, permit to sell
1) Unlicensed dealer or supplier
For purposes of this Act, all stores, establishments or entities dealing in the buy and sell of any
good, article item, object of anything of value obtained from an unlicensed dealer or supplier
thereof, shall before offering the same for sale to the public, secure the necessary clearance or
permit from the station commander of the Integrated National Police in the town or city where such
store, establishment or entity is located. The Chief of Constabulary/Director General, Integrated
National Police shall promulgate such rules and regulations to carry out the provisions of this
section. Any person who fails to secure the clearance or permit required by this section or who
violates any of the provisions of the rules and regulations promulgated thereunder shall upon
conviction be punished as a fence. (P.D. 1612, Section 6)
d. Sales invoices or receipts
Logically, and for all practical purposes, the issuance of a sales invoice or receipt is proof of a
legitimate transaction and may be raised as a defense in the charge of fencing; however, that
defense is disputable. (Ong v. People, G.R. No. 190475, April 10, 2013, Per Sereno, J.)
e. Liability of officials of juridical persons
If the fence is a partnership, firm, corporation or association, the president or the manager or any
officer thereof who knows or should have known the commission of the offense shall be liable. (P.D.
1612, Section 4)
[A] Fence “includes any person, firm, association, corporation or partnership or other
organization who/which commits the act of fencing.” (Cahulogan v. People, G.R. No. 225695,
March 21, 2018, Per Perlas-Bernabe, J.)
f. Penalty
[W]hile the crime of Fencing is defined and penalized by a special penal law, the penalty provided
therein is taken from the nomenclature in the Revised Penal Code (RPC). (Cahulogan v. People
[208], supra.)
[I]f the special penal law adopts the nomenclature of the penalties under the RPC, the
ascertainment of the indeterminate sentence will be based on the rules applied for those crimes
punishable under the RPC. (Cahulogan v. People [208], supra.)
Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but
not exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the penalty
provided in this paragraph shall be imposed in its maximum period, adding one year for each
additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years.
In such cases, the penalty shall be termed reclusion temporal and the accessory penalty pertaining
thereto provided in the Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and maximum periods, if the value of the
property robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.
(c) The penalty of prision correccional in its minimum and medium periods, if the value of the
property involved is more than 200 pesos but not exceeding 6,000 pesos.
Note: Nomenclature means 35 of 60

(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period,
if the value of the property involved is over 50 pesos but not exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not
exceeding 50 pesos.
(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.
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ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974 (PD 532)
What is PD 532?
Presidential Decree No. 532 is known as the Anti-Piracy and Anti-Highway Robbery Law of 1974
(P.D. 532).
Under P.D. 532, the following are the crimes:

1) Piracy; and
2) Highway robbery / Brigandage.
Note: Aiding pirates or highway robbers/brigands, or abetting piracy or highway
robbery/brigandage makes the person an accomplice.
What is Piracy?
“Piracy” – refers to “attack upon or seizure of any vessel, or the taking away of the whole or part
thereof or its cargo, equipment, or the personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence against or intimidation of persons or force
upon things, committed by any person, including a passenger or member of the complement of
said vessel, in Philippine waters, shall be considered as piracy. The offenders shall be considered
as pirates and punished as hereinafter provided”. (P.D. 532, Section 2[d])
Piracy is robbery or forcible depredation on the high seas, without lawful authority and done animo
furandi, and in the spirit and intention of universal hostility. (People v. Lol-lo, En Banc, G.R. No.
17958, February 27, 1922, Per Malcolm, J.)
Elements of piracy:
1) That there is a vessel;
For the 1st element, there is a vessel.
“Vessel” – refers to “any vessel or watercraft used for transport of passengers and cargo from one
place to another through Philippine Waters. It shall include all kinds and types of vessels or boats
used in fishing”. (Ibid., Section 2[b])
Piracy only applies to vessels and thus it will not apply to aircrafts or land vehicles.
2) That the vessel is in Philippine waters;
For the 2nd element, the vessel should be in Philippine waters.
“Philippine Waters” – refer to “all bodies of water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of
its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic
or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas
over which the Philippines has sovereignty or jurisdiction”. (P.D. 532 [1974], Section 2[a])
3) That the offender either –
(a) attacks a vessel; or
(b) seizes a vessel; or
(c) takes a whole or part of the vessel or its cargo equipment, or the personal belongings of its
complement or passengers, irrespective of the value thereof,
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For the 3rd element, the offender either –

1) Attacks a vessel; or
2) Seizes a vessel; or
3) Takes a whole or part of the vessel or its cargo equipment, or the personal belongings of its
complement or passengers, irrespective of the value thereof.
Note: The offender may either be a stranger/third party, or a passenger or member of the
complement of said vessel. (P.D. 532, Section 2[d])
4) By means of violence against or intimidation of persons or force upon things. (P.D. 532,
Section 2[d])
For the 4th element, the acts (in element 3) were committed by means of violence against or
intimidation of persons or force upon things.
What is Qualified Piracy?
a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be
imposed. If physical injuries or other crimes are committed as a result or on the occasion thereof,
the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is committed as
a result or on the occasion of piracy, or when the offenders abandoned the victims without
means of saving themselves, or when the seizure is accomplished by firing upon or boarding a
vessel, the mandatory penalty of death shall be imposed.
Note: R.A. 9346 (2006) prohibited the imposition of the death penalty.
What is Highway Robbery/Brigandage?

“Highway Robbery/Brigandage” – refers to “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 of other unlawful means, committed by any
person on any Philippine Highway”. (Ibid., Section 2[e])
Elements of highway robbery/brigandage:
1) That the offender either:
a) Seizes any person for ransom, extortion or other unlawful purposes; or
b) Takes away of the property of another by means of violence against or intimidation of person
or force upon things of other unlawful means; and
2) That such acts are committed on any Philippine Highway; and
Note: “Philippine Highway” – refers to “any road, street, passage, highway and bridges or other
parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or
locomotives or trains for the movement or circulation of persons or transportation of goods,
articles, or property or both”. (Ibid., Section 2[c])
3) That such acts were done indiscriminately against any person.
Note: [T]he purpose of brigandage is, inter alia, indiscriminate highway robbery. If the purpose is
only a particular robbery, the crime is only robbery, or robbery in band if there are at least four
armed participants. (People v. Puno [1993], Per Regalado, J.)
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What is Qualified Highway Robbery/Brigandage?

Qualifying circumstances for highway robbery/brigandage:
Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall
be imposed. If physical injuries or other crimes are committed during or on the occasion of the
commission of robbery or brigandage, the penalty of reclusion temporal in its medium and
maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide,
or rape is committed as a result or on the occasion thereof, the penalty of death shall be
imposed. (Anti-Piracy and Anti-Highway Robbery Law of 1974, P.D. No. 532)
Aiding or abetting
Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway
robbery/brigandage. Any person who knowingly and in any manner aids or protects pirates or
highway robbers/brigands, such as giving them information about the movement of police or
other peace officers of the government, or acquires or receives property taken by such pirates or
brigands or in any manner derives any benefit therefrom; or any person who directly or indirectly
abets the commission of piracy or highway robbery or brigandage, shall be considered as an
accomplice of the principal offenders and be punished in accordance with the Rules prescribed
by the Revised Penal Code. x x x
Note: Those who aid or abet the commission of piracy or highway robbery/brigandage are
considered as accomplices of the principal offenders. (P.D. 532, Section 4)
Presumption
It shall be presumed that any person who does any of the acts provided in this Section has
performed knowingly, unless the contrary is proven. (P.D. 532, Section 4)
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THE ANTI-CATTLE RUSTLING LAW OF 1974

(P.D. 533)
What is PD 533?
It is known as the "Anti-Cattle Rustling Law of 1974."
Terms to ponder:
a. Large cattle shall include the cow, carabao, horse, mule, ass, or other domesticated member
of the bovine family.
b. Owner/raiser shall include the herdsman, caretaker, employee or tenant of any firm or entity
engaged in the raising of large cattle or other persons in lawful possession of such large cattle.
c. Cattle rustling is the taking away by any means, method or scheme, without the consent of the
owner/raiser, of any of the above-mentioned animals 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 the owner/raiser.
(Sec. 2, PD 532)
Duty of owner/raiser to register. The owner/raiser shall, before the large cattle belonging to him
shall attain the age of six months, register the same with the office of the city/municipal
treasurer where such large cattle are raised. The city/municipality concerned may impose and
collect the fees authorized by existing laws for such registration and the issuance of a certificate
of ownership to the owner/raiser. (Sec. 3, PD 532)
Duty of city/municipal treasurers and other concerned public officers and employees. All
public officials and employees concerned with the registration of large cattle are required to
observe strict adherence with pertinent provisions of Chapter 22, Section 511 to 534, of the
Revised Administrative Code, except insofar as they may be inconsistent with the provisions of
this Decree. (Sec. 4, PD 532)
Permit to buy and sell large cattle. No person, partnership, association, corporation or entity
shall engage in the business of buy and sell of large cattle without first securing a permit for the
said purpose from the Provincial Commander of the province where it shall conduct such business
and the city/municipal treasurer of the place of residence of such person, partnership, association,
corporation or entity. The permit shall only be valid in such province. (Sec. 5, PD 532)
Clearance for shipment of large cattle. Any person, partnership, association, corporation or
entity desiring to ship or transport large cattle, its hides, or meat, from one province to another
shall secure a permit for such purpose from the Provincial Commander of the province where the
large cattle is registered. Before issuance of the permit herein prescribed, the Provincial
Commander shall require the submission of the certificate of ownership as prescribed in Section
3 hereof, a certification from the Provincial Veterinarian to the effect that such large cattle, hides
or meat are free from any disease; and such other documents or records as may be necessary.
Shipment of large cattle, its hides or meat from one city/municipality to another within the same
province may be done upon securing permit from the city/municipal treasurer of the place of origin.
(Sec. 6, PD 532)
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Presumption of cattle rustling. Every person having in his possession, control or custody of
large cattle shall, upon demand by competent authorities, exhibit the documents prescribed in the
preceding sections. Failure to exhibit the required documents shall be prima facie evidence that
the large cattle in his possession, control or custody are the fruits of the crime of cattle rustling.
(Sec. 7, PD 532)
Penal provisions. Any person convicted of cattle rustling as herein defined shall, irrespective of
the value of the large cattle involved, be punished by prision mayor in its maximum period to
reclusion temporal in its medium period if the offense is committed without violence against or
intimidation of persons or force upon things. If the offense is committed with violence against or
intimidation of persons or force upon things, the penalty of reclusion temporal in its maximum
period to reclusion perpetua shall be imposed. If a person is seriously injured or killed as a result
or on the occasion of the commission of cattle rustling, the penalty of reclusion perpetua to death
shall be imposed. (Sec. 8, PD 532)
When the offender is a government official or employee, he shall, in addition to the foregoing
penalty, be disqualified from voting or being voted upon in any election/referendum and from
holding any public office or employment.
When the offender is an alien, he shall be deported immediately upon the completion of the service
of his sentence without further proceedings.
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Objectives: at the end of this segment, the student Special Crime Investigation with
should be able to: Simulation on Interrogation and Interview.
1. Understand the essential provisions of RA 8293 CDI 3
as amended & RA 9208 as amended Week 15-16
Topics: RA 9208 as amended & RA 8293 as amended

HUMAN TRAFFICKING/TRAFFICKING IN PERSON
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.
It’s been called the “modern day slavery”.
Trafficking in persons is an illegal act and is considered a violation of human rights and inimical to human
dignity and national development. Inimical meaning cause damage.
What are the three (3) inter-related and interdependent elements of human trafficking that must be
present?
a. 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; it means we are referring to any activity or actions that involves in the
commission of crime.
b. 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 accomplish this act/s by means force, deception or threat.
c. 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?
a. Sexual exploitation
b. Forced labor
c. Domestic servitude and forced marriage;
d. Organ removal; and
e. Exploitation of children in begging, the sex trade and warfare
What is RA 9208?
It is the 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"
What is RA 10364?
This Act shall be known as the "Expanded Anti-Trafficking in Persons Act of 2012″.
What are the Important Definitions under RA 9208 and RA 10364?
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.
Trafficking in person meaning we are referring to the act of recruitment, obtaining, hiring, providing,
offering, transportation, by means of force, or other forms of coercion, abduction, fraud, deception, and taking
advantage of the vulnerability of that person, receiving payment for the purpose of sexual exploitation, forced
labor or sale of organs of the victim and other purposes.
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"The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of
exploitation or when the adoption is induced by any form of consideration for exploitative purposes shall also
be considered as 'trafficking in persons' even if it does not involve any of the means set forth in the preceding
paragraph.
a. 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.
b. 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.
c. Forced Labor – refers to the extraction of work or services from any person by means of enticement lure
bait or pain, 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.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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.
i. 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.
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What are the Acts Considered as Trafficking in Persons?

The following are considered as an act of trafficking persons, to wit:
a. To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person by any
means, including those done under the pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography, or sexual exploitation;
b. To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955 (MAIL ORDER BRIDE), any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage
in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
c. To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
d. To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
e. To maintain or hire a person to engage in prostitution or pornography;
f. To adopt persons by any form of consideration for exploitative purposes or to facilitate the same for
purposes of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
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;
h. To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or abduct a
person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the
purpose of removal or sale of organs of said person;
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;
j. To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person by means
defined in Section 3 of this Act for purposes of forced labor, slavery, debt bondage and involuntary
servitude, including a scheme, plan, or pattern intended to cause the person either:
• To believe that if the person did not perform such labor or services, he or she or another
person would suffer serious harm or physical restraint; or
• To abuse or threaten the use of law or the legal processes; and
b. To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive a child
for purposes of exploitation or trading them, including but not limited to, the act of baring and/or selling
a child for any consideration or for barter for purposes of exploitation.
Trafficking for purposes of exploitation of children shall include:
• All forms of slavery or practices similar to slavery, involuntary servitude, debt bondage and forced labor,
including recruitment of children for use in armed conflict;
• The use, procuring or offering of a child for prostitution, for the production of pornography, or for
pornographic performances;
• The use, procuring or offering of a child for the production and trafficking of drugs; and
• The use, procuring or offering of a child for illegal activities or work which, by its nature or the
circumstances in which it is carried out, is likely to harm their health, safety or morals; and
• To organize or direct other persons to commit the offenses defined as acts of trafficking under this Act."
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What is Attempted Trafficking in Persons?

RA 10364 amended that 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.
a. In cases where the victim is a child, any of the following acts shall also be deemed as attempted
trafficking in persons:
• Facilitating the travel of a child who travels alone to a foreign country or territory without valid
reason therefor and without the required clearance or permit from the Department of Social
Welfare and Development, or a written permit or justification from the child's parent or legal
guardian;
• Executing, for a consideration, an affidavit of consent or a written consent for adoption;
• Recruiting a woman to bear a child for the purpose of selling the child;
• Simulating a birth for the purpose of selling the child; and
• Soliciting a child and acquiring the custody thereof through any means from among hospitals,
clinics, nurseries, daycare centers, refugee or evacuation centers, and low-income families, for
the purpose of selling the child."
Who are Accomplice and Accessories to the crime of trafficking in person?
Accomplice and Accessories shall be likewise punishable under RA 10364
a. Accomplice”- Whoever knowingly aids, abets, cooperates in the execution of the offense by previous
or simultaneous acts.
b. Accessories” – Whoever has the knowledge of the commission of the crime, and without having
participated therein, either as principal or as accomplices, take part in its commission in any of the
following manners:
• By profiting themselves or assisting the offender to profit by the effects of the crime;
• By concealing or destroying the body of the crime or effects or instruments thereof, in order
to prevent its discovery;
• By harboring, concealing or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his or her public functions or is known to be habitually guilty of
some other crime.
What are the Acts that Promote Trafficking in Persons?
a. Knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of
promoting trafficking in persons;
b. Produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers
and certificates of any government agency which issues these certificates and stickers as proof of compliance
with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;
c. Advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet, of any
brochure, flyer, or any propaganda material that promotes trafficking in persons;
d. Assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances
and necessary exit documents from government agencies that are mandated to provide pre-departure
registration and services for departing persons for the purpose of promoting trafficking in persons;
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e. Facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports,
territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents
for the purpose of promoting trafficking in persons;
f. Confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress
from the government or appropriate agencies; and
g. Knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a
condition of involuntary servitude, forced labor, or slavery.
What are Qualified Trafficking in Persons?
The following are considered as qualified trafficking:
a. When the trafficked person is a child
b. When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
c. When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another.
It is deemed committed in large scale if committed against three (3) or more persons, individually or as a
group;
d. When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a public officer or employee;
e. When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;
f. When the offender is a member of the military or law enforcement agencies; and
g. When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane,
suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).
h. When the offender commits one or more violations of Section 4 over a period of sixty (60) or more days,
whether those days are continuous or not; and
i. When the offender directs or through another manages the trafficking victim in carrying out the exploitative
purpose of trafficking."
What are the rules in 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.
Thus, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio, producer and director of a film in case of the movie
industry, or any person utilizing tri-media facilities or information technology to cause publicity of any case of
trafficking in persons.
What is the 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.
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What is the 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.
What is the 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.
The prescriptive period shall commence to run from the day on which the trafficked person is delivered
or released from the conditions of bondage, or in the case of a child victim, from the day the child reaches the
age of majority”
What is Inter-Agency Council Against Trafficking?
a. The Inter-Agency Council Against Trafficking (IACAT) is the body mandated by law to coordinate and
monitor the implementation of Republic Act No. 9208, or the Anti-Trafficking in Persons Act of 2003, with
the Department of justice as the lead agency. It was formed under section 20 of R.A. 9208.
b. The IACAT conducts many different projects geared towards the elimination of trafficking in persons in
the Philippines, prevention of the occurrence of trafficking, the protection and rehabilitation of victims
and conviction of trafficking offenders.
What is the Organizational Structure of IACAT?
The Inter-Agency Council Against Trafficking composed of the Secretary of the Department of Justice
as Chairperson and the Secretary of the Department of Social Welfare and Development as Co-
Chairperson and shall have the following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and Employment;
(c) Secretary, Department of the Interior and Local Government;
(d) Administrator, Philippine Overseas Employment Administration;
(e) Commissioner, Bureau of Immigration;
(f) Chief, Philippine National Police;
(g) Chairperson, Philippine Commission on Women;
(h) Chairperson, Commission on Filipinos Overseas;
(i) Executive Director, Philippine Center for Transnational Crimes; and
(j) Three (3) representatives from NGOs, who shall include one (1) representative each from among the sectors
representing women, overseas Filipinos, and children, with a proven record of involvement in the prevention and
suppression of trafficking in persons. These representatives shall be nominated by the government agency
representatives of the Council, for appointment by the President for a term of three (3) years.
What is the Rule on Extra-Territorial Jurisdiction in cases of human trafficking
The State shall exercise jurisdiction over any act defined and penalized under this Act, even if committed
outside the Philippines and whether or not such act or acts constitute an offense at the place of commission, the
crime being a continuing offense, having been commenced in the Philippines and other elements having been
committed in another country, if the suspect or accused:
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.
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REPUBLIC ACT NO. 8293

An Act prescribing the Intellectual Property Code and establishing the Intellectual Property
Office, providing for its powers and functions, and for other purposes
What is Patent Invention?

A patentable invention is any technical solution to a problem in any field of human activity, which is
new, involves an inventive step, and is industrially applicable (Republic Act No. 8293 or the
Intellectual Property Code of the Philippines (IP Code)). It may be, or may relate to, a product,
process, or improvement of a product or process.
The following are excluded from patent protection:
• Discoveries, scientific theories, and mathematical methods.
• Schemes, rules, and methods of performing mental acts, playing games, or doing business,
and programs for computers.
• Methods for treatment of the human or animal body by surgery or therapy, and diagnostic
methods practised on the human or animal body (but products and compositions for use in
these methods are patentable).
• Plant varieties or animal breeds, or essentially biological processes for the production of
plants or animals (but micro-organisms and non-biological and microbiological processes are
patentable).
• Aesthetic creations.
• Anything contrary to public order or morality.
When does patent protection start and how long does it last?
The term of a granted patent is 20 years from the application's filing date. Patents are subject to
maintenance fees or annual fees, which must be paid to maintain the patent in force. The annual fee
must be paid on the expiration of four years from the date the application was published. Payment of
the annual fee can be made three months before the due date.
What rights does a patent give to its owner?
A patent owner has the following exclusive rights:
• To restrain, prohibit, and prevent any unauthorized person or entity from making, using,
offering for sale, selling, or importing the patented product.
• To restrain, prevent, or prohibit any unauthorized person or entity from using the process,
and from manufacturing, dealing in, using, selling or offering for sale, or importing any
product obtained directly or indirectly from a patented process.
• To assign, or transfer by succession, the patent, and to conclude licensing contracts for the
patent.
• To commence an action for patent infringement.
On what grounds can a patent infringement action be brought?
• Making, using, offering for sale, selling, or importing of a patented product or a product
obtained directly or indirectly from a patented process.
• Use of a patented process.
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What are the main defenses to a patent infringement action?

The following defenses can be raised:
• Invalidity of the claim.
• Existence of a ground for cancellation of the patent.
Note: A patent owner has no right to prevent third parties from using a patented product that has
been put on the market in the Philippines by the owner of the product, or with the owner's express
consent, if the use is performed after the product has been put on the market (section 72.1, IP
Code). Regarding drugs and medicines, the limitation on patent rights applies after a drug or
medicine has been introduced in the Philippines or anywhere else in the world by the patent owner,
or by any party authorized to use the invention.
Which courts have jurisdiction over patent infringement actions?
• Administrative patent infringement actions are filed with the IPO. Decisions can be
appealed to the Bureau Director and then to the IPO Director General. Further appeals are
brought to the Court of Appeals and then to the Supreme Court.
• Civil and criminal cases for patent infringement are filed with the designated commercial
courts of the Regional Trial Courts. Decisions of the trial courts can be appealed to the Court
of Appeals and then to the Supreme Court.
What is a Trade mark?

The IP Code defines a mark as any visible sign capable of distinguishing an enterprise's goods
(trade mark) or services (service mark). This includes a stamped or marked container of goods. A
mark must be registered with the IPO to be protected (see Question 16 for the list of non-registrable
marks).
Sound, smell, and motion cannot be the subject of trade mark protection.
Is there protection for unregistered trade marks?
Registration is necessary for protection against trade mark infringement.
However, owners of unregistered marks can bring an action for unfair competition or "passing off,"
provided that those marks have been in use in the market for a considerable and sufficient period of
time to obtain goodwill.
When does trade mark protection start and how long does it last?
The term of protection is ten years from grant or issuance of registration.
What rights does a trade mark give to its owner?
The owner of a registered mark has the exclusive right to prevent all third parties (unless the third
party has been given consent) from using, in the course of trade, identical or similar signs or
containers for goods or services that are identical or similar to those in respect of which the trade
mark is registered, where such use would result in a likelihood of confusion. This does not apply in
cases of importation of drugs and medicines allowed under the IP Code and of off-patent (generic)
drugs and medicines.
In the case of use of an identical sign for identical goods and services, a likelihood of confusion is
presumed.
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What categories of subject matter are eligible for copyright protection?

Literary, scholarly, scientific, and artistic works, whether published or unpublished, can be
copyrighted. Copyright protection also extends to computer programs, multimedia works, and
databases that are original due to the selection, co-ordination, or arrangement of their contents.
What are the legal requirements for a work to be protected by copyright?
Copyright vests from the moment of creation of an original literary, scholarly, scientific, or artistic
work.
Can copyright be registered?
Copyright protection arises automatically on creation of the work. Registration is not required for
protection. However, copyrighted works can be deposited with the National Library (or the Supreme
Court, for copyrighted works in the field of law), to obtain a copyright registration certificate, which
can serve as evidence of authorship or ownership of the copyrighted work.
The IPO also accepts deposits of copyrighted works through the Bureau of Copyrights and Other
Related Rights.
When does copyright protection start and how long does it last?
• Copyright vests at the moment of creation and subsists during the life of the author and for 50
years from 1 January immediately following the date of the author's death.
• For joint authorship, protection subsists during the life of the last surviving author and for 50
years after their death.
• For anonymous works, the 50-year term is counted from the date the work is first published
or from the date of creation if unpublished, unless, before expiration, the author's identity is
publicly ascertained, in which case the lifetime period is applied.
• For audiovisual and photographic works, protection is for 50 years from the date of
publication or, if unpublished, the date of creation.
• For applied art, protection is for 25 years from the date of creation.
Rights Granted by Copyright
A copyright confers on the author economic and moral rights.
The economic rights of the author consist of the exclusive right to carry out, authorise, or prevent the
following acts:
• Reproduction of the work or a substantial portion of the work.
• Dramatisation, translation, adaptation, abridgment, arrangement, or other transformation of
the work.
• First public distribution of the original and each copy of the work by sale or other forms of
transfer of ownership.
• Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied
in a sound recording, a computer program, a compilation of data and other materials, or a
musical work in graphic form, irrespective of the ownership of the original or the copy that is
the subject of the rental.
• Public display of the original or a copy of the work.
• Public performance of the work.
• Other communication to the public of the work.
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What are the remedies in copyright infringement actions?

Administrative Proceedings
• Damages and injunctive relief can be claimed against the infringing party. The IPO can
impose penalties, including:
• Cease and desist, seizure, and forfeiture orders.
• Administrative fines.
• Damages.
Civil Proceedings
• Damages and injunctive relief can be claimed against the infringing party in the action. Ex
parte searches and seizures are available.
• Enhanced damages are available. The court can, depending on the circumstances of the
case, award damages in a sum above the amount found as actual damages sustained,
provided that the award does not exceed three times the amount of the actual damages
(section 76.4, IP Code).
Criminal Proceedings
Penalties can include imprisonment and/or the payment of fines.
Note: Criminal cases for copyright infringement do not require repeat infringements.
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Objectives: at the end of this segment, the students Special Crime Investigation with Simulation
should be able to: on Interrogation and Interview.
1. Understand the essential provisions of CDI 3
terrorism and money laundering act.
Week 17
Topics: Terrorism law & Money laundering law

TERRORISM
What is Republic Act No. 11479?
This law is known as The Anti- Terrorism Act of 20201 (“Anti-Terrorism Act”). The Anti-Terrorism Act
repealed the Human Security Act of 2007 (“Human Security Act”), which was previously the
governing law on acts of terrorism in the Philippines. The Anti-Terrorism Act took effect on July 22,
2020, fifteen (15) days after its complete publication in the Manila Bulletin on July 6, 2020.
What are the salient provisions of the law? (Extracted from

https://www.lexology.com/library/detail.aspx?g=1248f2ef-8642-4a7d-83f7-2b64e9413aae)
1.Acts of terror defined
Under the Anti-Terrorism Act, terrorism is committed by any person who, within or outside of the
Philippines, and regardless of the stage of execution:
1. Engages in acts intended to cause death or serious bodily injury to any person, or
endangers a person’s life;
2. Engages in acts intended to cause extensive damage or destruction to a government or
public facility, public place or private property;
3. Engages in acts intended to cause extensive interference with, damage or destruction to
critical infrastructure;
4. Develops, manufactures, possesses, acquires, transports, supplies or uses weapons,
explosives or of biological, nuclear, radiological or chemical weapons; and
5. Release of dangerous substances, or causing fire, floods or explosions.
When the purpose of such act, by its nature and context, is to intimidate the general public or a
segment thereof, create an atmosphere or spread a message of fear, to provoke or influence by
intimidation the government or any international organization, or seriously destabilize or destroy the
fundamental political, economic, or social structures of the country, or create a public emergency or
seriously undermine public safety.
Terrorism, as defined above, shall not include advocacy, protest, dissent, stoppage of work,
industrial or mass action, and other similar exercises of civil and political rights, which are not
intended to cause death or serious physical harm to a person, to endanger a person’s life, or to
create a serious risk to public safety.
Compared to the acts of terrorism under Human Security Act, the acts under the Anti-Terrorism
Act need not be done “in order to coerce the government to give in to an unlawful demand.”
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2.Specific stages of terrorism punished

While the Human Security Act defined and penalized the crime of terrorism and conspiracy to
commit of terrorism, the Anti-Terrorism Act added the following acts which are now penalized
under the Anti- Terrorism Act:
1. Threat to commit terrorism; (Sec. 5)
2. Planning, Training, Preparing, and Facilitating the commission of terrorism; (Sec. 6)
3. Conspiracy to commit terrorism; (Sec. 7)
4. Proposal to commit terrorism; (Sec. 8)
5. Inciting to commit terrorism; (Sec. 9)
6. Recruitment to and Membership in a terrorist group; (Sec. 10) and
7. Providing Material Support to Terrorists. (Sec 12)
3.Longer period and extended coverage of surveillance
Previously, the Human Security Act provided that the Court of Appeals (“CA”), through its
authorizing division, may issue a written order to “track down tap, listen to, intercept, and record
communications, messages, conversations, discussions, or spoken or written words of any person
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism” for a period of thirty
(30) days, extendible by the CA for another non-extendible thirty (30) days.
Under the Anti-Terrorism Act, the initial period of surveillance which may be ordered by the CA,
upon a finding that any of the specified acts of terrorism has been or is being committed, is sixty (60)
days, which may be renewed or extended for another non-extendible thirty (30) days.
The Anti-Terrorism Act also requires the law enforcement agent or military personnel concerned to
file an ex-parte application with the CA for the issuance of an order to compel telecommunications or
internet service providers to produce all customer information and identification records, including call
and text data records, content, and other cellular or internet metadata, of any person suspected of any
of the crimes defined and penalized under the law.
Note: Ex-parte is Latin and means 'from a side', and it means that the judge will only listen to one
party. An ex-parte proceeding means that is taken for granted at the instance and for the benefit of
one party , and without notice to or contest from any party adversely affected.(e.g. motion for the
extension of time to file answer, motion for postponements, motion to set case for pre-trial) (G.R. No.
156903)
The Human Security Act previously granted the person placed under surveillance or whose
communications, letters, papers, etc. have been monitored the right to be informed of the acts done by
law enforcement authorities in the premises, or to challenge the legality of the interference before the
CA. The Anti-Terrorism Act does not contain a similar provision, which suggests that the person
placed under surveillance no longer has the right to be informed of the acts done by the law
enforcement authorities in the premises and to challenge the legality of the interference.
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4.Designation and freezing of assets of designated terrorist individual, groups of persons,

organizations, or associations
Under the Anti-Terrorism Act, the Anti-Terrorism Council (“ATC”), may “designate” as a terrorist
an individual, group of persons, organizations, or associations, upon its own finding of probable cause
that such person/s commit, attempt to commit, or conspire in the commission of the specified acts
of terrorism. The assets of any designated individual, group, organization, or association shall be subject
to the Anti-Money Laundering Council’s authority to freeze assets.
The freeze order shall be effective for a period not exceeding twenty (20) days and may be
extended up to a period of not exceeding six (6) months upon the order of the CA.
5.Detention without Judicial Warrant of Arrest
Under the Human Security Act, any police or law enforcement officer authorized by the ATC,
and who, without a warrant, has taken custody of a person charged with or suspected of terrorism, shall,
without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial
authority, deliver the charged or suspected person to the proper judicial authority within a period of three
(3) days from the moment of apprehension, arrest, and detention. The police or law enforcement
personnel are required to present the person charged with or suspected of terrorism before any judge
prior to the detention.
Under the Anti-Terrorism Act, the police or law enforcement officer who has taken custody of
the person suspected of terrorism may detain such person for a period of fourteen (14) days from
apprehension or arrest, and the period of detention may be extended by a maximum period of ten (10)
days. The Anti- Terrorism Act does not require the presentation of the person charged with or suspected
of terrorism before a judge prior to detention, but requires only that the apprehending law enforcement
agent or officer notify the judge of the court nearest the place of apprehension of the time, date, and
manner of arrest, the location of the detained suspect, and the physical and mental condition of the
suspect.
6.Restriction on the Right to Travel
Under the Anti-Terrorism Act, the investigating prosecutor may, prior to the filing of an
information for any violation of the law, apply for the issuance of a precautionary hold departure order
with the Regional Trial Court (“RTC”).
Upon the filing of the information, the prosecutor shall apply for a hold departure order against
the accused. In cases where evidence of guilt is not strong, and the person charged is entitled to and
granted bail, the prosecutor may apply with the court to limit the right to travel of the accused within
his/her city or municipality of residence, or where the case is pending.
The accused may also be placed under house arrest during which the accused may not use
telephones, cellphones, e-mails, computers, the internet, or other means of communications with people
outside the residence until otherwise ordered by the court.
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7.Deletion
2.Specific of awardofofterrorism
stages damagespunished
to persons acquitted of charges of terrorism
Under the Human Security Act, if a person suspected or charged with any defined act of
While the Human Security Act defined and penalized the crime of terrorism and conspiracy to
terrorism is found to be innocent after investigation, or is acquitted after his arraignment, or if the case
commit of terrorism, the Anti-Terrorism Act added the following acts which are now penalized
against
under the himAnti-
is dismissed
Terrorismbefore
Act: arraignment, any order of seizure, sequestration, and freezing shall be
deemed lifted. Furthermore, in the case of acquittal or dismissal of the charges against him or her, the
amount of PhP 500,000.00 per day for the period during which his properties, assets, or funds, were
seized, shall be paid to him in the concept of liquidated damages.
Similarly, any person who is accused of terrorism shall, upon his acquittal, be entitled to the
payment of damages in the amount of PhP 500,000.00 for every day that he was detained or deprived
of liberty or arrested without a warrant as a result of the accusation.
These provisions were not been reproduced in the Anti-Terrorism Act.
8.Change in penalties for the misconduct of public officers
The Anti-Terrorism Act reduced or changed the penalties for some of the acts which were
similarly provided for under the Human Security Act.
For example, the penalty for any person who knowingly furnishes false testimony, forged
documents or spurious evidence in any investigation or hearing has been reduced from
imprisonment from twelve (12) years and one (1) day to twenty (20) years to imprisonment of six (6)
years.
On the other hand, the penalty for the destruction by any person, law enforcement agent or
military personnel of tapes, discs, and other storage devices has been changed from a penalty of
six (6) years and one (1) day to twelve (12) years of imprisonment to a straight penalty of imprisonment
of ten (10) years.
9.Role of the Commission of Human Rights
The Anti-Terrorism Act mandates the Commission on Human Rights (“CHR”) to give the highest
priority to the investigation and prosecution of violations of civil and political rights in relation to the
implementation of the law. However, the Anti-Terrorism Act removed the concurrent jurisdiction of the
CHR to prosecute public officials, law enforcers, and other persons who may have violated the civil and
political rights of persons suspected of, or charged with, the crime of terrorism, which jurisdiction was
expressly provided for in the Human Security Act.
10. Designation of Anti-Terror Courts
The Anti-Terrorism Act provides that persons charged with violations of any defined acts shall
be tried in special courts designated by the Supreme Court and whose jurisdiction is limited exclusively
to violations under this law.
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MONEY LAUNDERING
What is Money Laundering?
a. General Definition - Money laundering is a crime whereby the proceeds of an unlawful
activity are transacted, thereby making them appear to have originated from legitimate
sources.
b. Legal Definition - Money laundering is committed by any person who, knowing that any
monetary instrument or property represents, involves, or relates to the proceeds of any
unlawful activity:
• Transacts said monetary instrument or property;
• Converts, transfers, disposes of, moves, acquires, possesses or uses said monetary instrument
or property;
• Conceals or disguises the true nature, source, location, disposition, movement or ownership of or
rights with respect to said monetary instrument or property;
• Attempts or conspires to commit money laundering offenses referred to in paragraphs (a), (b) or
(c);
• Aids, abets, assists in or counsels the commission of the money laundering offenses referred to in
paragraphs (a), (b) or (c) above; and
• Performs or fails to perform any act as a result of which he facilitates the offense of money
laundering referred to in paragraphs (a), (b) or (c) above.
Take Note: Money laundering is also committed by any covered person who, knowing
that a covered or suspicious transaction is required under this Act to be reported to the
Anti-Money Laundering Council (AMLC), fails to do so."
What are the laws that penalizes Money Laundering?
a. Republic Act No. 9160 - otherwise known as the "Anti-money Laundering Act of 2001, which
was on approved on September 29, 2001, served as the legal framework of the Philippines’
countermeasures against money laundering.
b. Republic Act no. 9194 - an act amending Republic Act no. 9160,
c. Republic Act no.10365 - an act further strengthening the anti-money laundering law, amending
for the purpose Republic Act no. 9194 and 9160
What are the important definitions in relation to Money Laundering?
a. Covered Persons – (1.) This refers to banks, non-banks, quasi-banks, trust entities, foreign
exchange dealers, pawnshops, money changers, remittance and transfer companies and other
similar entities and all other persons and their subsidiaries and affiliates supervised or regulated
by the Bangko Sentral ng Pilipinas (BSP); (2). Insurance Companies and other institutions
regulated by Insurance Commission. (3) securities dealers, brokers, salesmen, investment
houses and other similar persons/ institution regulated by SEC (4) etc.
b. Covered transaction - is a transaction in cash or other equivalent monetary instrument
involving a total amount in excess of Five hundred thousand pesos (P500,000.00) within one
(1) banking day.”
Take Note: Under RA 9160, the covered transaction involving a total amount in excess of Four million
Philippine pesos (Php4,000,000.00) or an equivalent amount in foreign currency based on the prevailing
exchange rate within five (5) consecutive banking days
c. “Monetary Instrument”- refers to(1) coins or currency of legal tender of the Philippines, or of
any other country; (2) drafts, checks and notes; (3) securities or negotiable instruments, bonds,
commercial papers, deposit certificates, trust certificates, custodial receipts or deposit substitute
instruments, trading orders, transaction tickets and confirmations of sale or investments and
money market instruments; and (4) other similar instruments where title thereto passes to another
by endorsement, assignment or delivery.
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d. “Monetary Instrument”- refers to(1) coins or currency of legal tender of the Philippines, or of
any other country; (2) drafts, checks and notes; (3) securities or negotiable instruments, bonds,
commercial papers, deposit certificates, trust certificates, custodial receipts or deposit substitute
instruments, trading orders, transaction tickets and confirmations of sale or investments and
money market instruments; and (4) other similar instruments where title thereto passes to another
by endorsement, assignment or delivery.
e. Unlawful activity’ refers to any act or omission or series or combination thereof involving or
having direct relation to the following:
• Kidnapping for ransom.
• Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Republic Act No. 9165, otherwise known as
the Comprehensive Dangerous Drugs Act of 2002.
• Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known
as the Anti-Graft and Corrupt Practices Act.
• Plunder under Republic Act No. 7080, as amended.
• Robbery and extortion
• Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602.
• Piracy on the high seas
• Qualified theft
• Swindling
• Smuggling
• Violations of Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000
• Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as
defined under the Revised Penal Code, as amended.
• Terrorism and conspiracy to commit terrorism as defined and penalized under Sections 3 and 4 of
Republic Act No. 9372.
• Financing of terrorism
• Bribery
• Frauds and Illegal Exactions and Transactions
• Malversation of Public Funds and Property
• Forgeries and Counterfeiting
• Violations of Sections 4 to 6 of Republic Act No. 9208, otherwise known as the Anti-Trafficking in
Persons Act of 2003;
• Violations of Sections 78 to 79 of Chapter IV, of Presidential Decree No. 705, otherwise known as
the Revised Forestry Code of the Philippines, as amended;
• Violations of Sections 86 to 106 of Chapter VI, of Republic Act No. 8550, otherwise known as the
Philippine Fisheries Code of 1998;
• Violations of Sections 101 to 107, and 110 of Republic Act No. 7942, otherwise known as the
Philippine Mining Act of 1995;
• Violations of Section 27(c), (e), (f), (g) and (i), of Republic Act No. 9147, otherwise known as the
Wildlife Resources Conservation and Protection Act;
• Violation of Section 7(b) of Republic Act No. 9072, otherwise known as the National Caves and
Cave Resources Management Protection Act;
• Violation of Republic Act No. 6539, otherwise known as the Anti-Carnapping Act of 2002, as
amended;
• Violations of Sections 1, 3 and 5 of Presidential Decree No. 1866, as amended, otherwise known
as the decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In,
Acquisition or Disposition of Firearms, Ammunition or Explosives;
• Violation of Presidential Decree No. 1612, otherwise known as the Anti-Fencing Law;
57 of 60
• Violation of Section 6 of Republic Act No. 8042, otherwise known as the Migrant Workers and
Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022;
• Violation of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the
Philippines;
• Violation of Section 4 of Republic Act No. 9995, otherwise known as the Anti-Photo and Video
Voyeurism Act of 2009;
• Violation of Section 4 of Republic Act No. 9775, otherwise known as the Anti-Child Pornography
Act of 2009;
• Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11, 12 and 14 of Republic Act No. 7610,
otherwise known as the Special Protection of Children Against Abuse, Exploitation and
Discrimination;
• Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the
Securities Regulation Code of 2000; and
• Felonies or offenses of a similar nature that are punishable under the penal laws of other
countries."
What is the rule in Prosecution of Money Laundering?
a. Any person may be charged with and convicted of both the offense of money laundering and the
unlawful activity as herein defined.
b. The prosecution of any offense or violation under this Act shall proceed independently of any
proceeding relating to the unlawful activity.
What is Anti-Money Laundering Council (AMLC)
The Anti-Money Laundering Council is hereby created and shall be composed of the Governor
of the Bangko Sentral ng Pilipinas as Chairman, the Commissioner of the Insurance Commission
and the Chairman of the Securities and Exchange Commission, as members.
What are the processes in committing Money Laundering?
1. Placement. The physical disposal of cash proceeds derived from the unlawful activity. The
aim is to remove cash from the location of acquisition to avoid detection.
2. Layering. Separating illicit proceeds from their source by creating complex layers of
financial transactions designed to disguise the source of money, subvert the audit trail and
provide anonymity. The purpose is to disassociate the illicit proceeds from the unlawful
activity by creating intentionally a complex web of financial transactions aimed at concealing
any audit trail as well as the source and ownership of funds.
3. Integration. The final stage in the process at which the money is integrated into legitimate
economic and financial systems and is assimilated with all the other assets in the system.
58 of 60
Learning Objectives: Special Crime Investigation with Simulation on

Interrogation and Interview.
CDI 3
Students should be able to get a passing
percentage of 75% in the Final Week 18
examination.
Prepared by:
Vivian G. Pinkihan, PhD
Jan Vincent S. Carmen, PhD
Subject Instructors
59 of 60
References
BOOKS
Barreda, A. (2020). Special Crime Investigation 2 with Simulation on Interrogation and Interview.
Wiseman’s Book Trading, Inc.
Vicente, J. et. al. (2016). Fundamentals of Criminal Investigation 2nd Edition. Wiseman’s Book
Trading Inc.
LAWS
Philippine Congress (2020). Republic Act No. 11479. AN ACT TO PREVENT, PROHIBIT AND
PENALIZE TERRORISM, THEREBY REPEALING REPUBLIC ACT NO. 9372, OTHERWISE
KNOWN AS THE "HUMAN SECURITY ACT OF 2007. Official Gazette.
Philippine Congress (2012). Republic Act No. 10364. AN ACT EXPANDING REPUBLIC ACT NO.
9208, ENTITLED "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. Official Gazette.
Philippine Congress (2003). Republic Act No. 9208. 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. Official Gazette.
Presidential Decree No. 1612. Retrieved from
https://lawphil.net/statutes/presdecs/pd1979/pd_1612_1979.html
INTERNET SOURCES
Legal Source Ph (n.d.). Retrieved from https://legalresource.ph/anti-fencing-law-of-1979-explainer/
Marquez, B., Ilas-Panganiban, D.,Mitra-Ventanilla, R., & Torre, Q. (n.d). Intellectual Property Rights
in the Philippines: Overview. Retrieved from https://uk.practicallaw.thomsonreuters.com/w-018-
1454?transitionType=Default&contextData=(sc.Default)&firstPage=true#co_anchor_a768535
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Republic of the Philippines

NUEVA ECIJA UNIVERSITY OF SCIENCE AND TECHNOLOGY

Take note guys that:

Crime scene investigator is a complex and multi-faceted one, as a number of subspecialties

What are the primary Responsibilities Investigation Officer?

1. All laws are followed

What are the Qualities of an Investigator

The Criminal Investigator must possess the ff.

Custodial Investigation - Investigation conducted by law enforcement officers after a person

Topic: What is Criminal Investigation?

In your own understanding, differentiate Criminal Investigation and Criminal Investigator.

WHAT IS CRIMINAL INVESTIGATION?

Generally speaking, there are only two kinds of criminal investigation:

What are the Nature of Criminal

The nature of Criminal Investigation are the following:

GOALS OF CRIMINAL INVESTIGATION

IMPORTANCE OF CRIMINAL INVESTIGATION

Yes indeed, please read the qualifications of criminal investigator below.

THE CRIMINAL INVESTIGATOR

Complaint is a sworn written statement charging a person or a group of persons of an offense

DISTINCTIONS OF COMPLAINT AND INFORMATION

1. Made in writing 1. Made in writing

According to Roxas (2008), the following are the objectives of Raid:

Qualifications of Raid Team

What are the essential elements in Raid Operation?

What are the don’ts in conducting raid?

The following should be avoided during the conduct of raid:

Seizure during the raid operation shall be performed through the

The following will be seized at the scene of the raid:

1. Weapons that maybe use against the raiding party.

Disposition of articles now covered in search warrant:

It’s believed that as the part of effecting arrest and search or

Ooopppsss!!! End of week 3 and 4. Time to

What is Interview and Cognitive Interview?

THE GOLDEN RULE IN INTERVIEW

QUALITIES OF A GOOD INTERVIEWER

REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY

COMMON TECHNIQUE APPLICABLE TO THE FOREGOING REASONS

3. Warming Up – This is done by preliminary or exploratory questions to clear the atmosphere,

RULES IN QUESTIONING A PERSON INVOLVED IN A CRIME

4. Saving Faces – Embarrassing questions on the subject on matters of exaggeration or honest

TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE

Topic: Interrogation Extra Judicial Confession and Extra- Judicial Admission.

Kinds of Extra-Judicial Confession:

b. Involuntary Extra-judicial Confession- Confessions obtained through force, threat,

Important note: Confessions obtained from the defendant by means

Laws are official rules made by

What is custodial interrogation or investigation?

CUSTODIAL INTERROGATION OR INVESTIGATION

d. Tricks and Bluff Techniques:

PHYSICAL SIGNS OF DECEPTIONS

Topic: Hearsay Rule, Dying Declaration and Part of Res Gestae

Hearsay evidence is inadmissible except as otherwise provided in the Rules of Court. A

What are the exceptions to the Hearsay Rule?

Part of res gestae

Learning Objectives: Special Crime Investigation with

That would be all for today! See you next week! ☺

Topic: Specialized Crimes Related to Property (Robbery, theft, Malicious mischief

Who are guilty robbery?

Elements of Robbery in General

1. That there be personal property belonging to another;

Take note: Belonging to another

Taking of personal property must be unlawful