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SPECIAL CRIME INVESTIGATION

Special Crime Investigation deals with the study of major crimes based on
the application of special investigative technique. The study concentrates more
on physical evidence, its collection, handling, identification and preservation in
coordination with the crime laboratory Special Crime Investigation involves a
close relationship between the prober in the field and the crime laboratory
technician. They work together as a team, reacting to and extending one
another’s theories and findings both working patiently and thoroughly to solve a
crime from their investigative discoveries. The present criminal justice system in our
country, the court relies more on physical evidence rather than extra-judicial
confession.

Special crime investigation is the investigation of cases that are unique and
often require special training to fully understand their broad significance.
Homicide, robbery, rape and sexual offenses, kidnapping, carnapping, bomb
threats and explosions, illegal recruitment and terrorist activities are examples of
cases that call for special crime investigation.

Fundamentally, Criminal Investigation is an art which deals with the identity and
location of the offender and provides evidence of guilt in criminal proceedings.
Criminal Investigation is a logical process of collection and analysis of facts about
persons, things and places relative to a crime. It includes:
A. Identification of the guilty party
b. The location of the whereabouts of the guilty party, and
c. Providingadmissibleevidencetoestablishtheguiltofthepartiesinvolved in the
crime.

Criminal Investigation as

1. an art based on intuition and sometimes by chance.

2. a science because it involves the application of knowledge of forensic


sciences.

3. a process because it involves systematic procedure.

In the performance of his duties, the investigator must seek to establish the six (6)
cardinal points of investigation, namely: what specific offense has been

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


committed; how the offense was committed; who committed it; where the
offense was committed; when it was committed; and why it was committed

TRICHOTOMY OF CRIMINAL INVESTIGATION


1. Training
2. Tools
3. Technique

MODES OF CRIMINAL INVESTIGATION


An investigation concerning a criminal incident may commence in 3
different ways – reactive, proactive and preventive. When does criminal
investigation start or commence?
1. REACTIVE INVESTIGATION is the form of investigation initiated by a complaint
filed by a victim or any concerned citizen.
Forms of reactive investigation based on the initial circumstances
surrounding the case
a. WALK-THRU
b. WHERE-ARE-THEY
c. WHODUNIT
2. PROACTIVE INVESTIGATION is conducted by the police based on their own
initiative. This type of investigation is designed to catch a criminal in the act of
committing a crime rather than waiting until a crime is reported by a concerned
citizen.

I. RULES AND LAWS

Golden rule in criminal investigation : never touch, alter, move, any object at the
crime scene unless it is properly marked, measured, sketched, and/or
photographed.
The purpose of this rule is to avoid the mutilation, alteration, and
contamination (MAC) of the pieces of evidence found at the crime scene
Golden rule in interview: never allow the interviewer nor let anyone conduct an
interview unless he properly visits the crime scene.

Arrest = bound to answer for the commission of an offense.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


An arrest is made by an actual restraint of the person to be arrested, or by his
submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest and the


person arrested shall not be subject to any greater restrain than is necessary for
his detention.

What constitutes restraint? - Under Section 2 above mentioned the custody or


control, the assumption of which is involved in an arrest, imports actual restraint or
detention. Accordingly, the mere utterances or words indicative of an arrest, or
mere verbal proffer of the warrant or personal service thereof is insufficient,
except when followed by a submission.
Who are those persons exempted from arrest?
The following are persons exempted from arrest:
1) Members of the Senate and Congress. They shall be privileged from arrest
during their attendance a the session of the Congress or Senate and in going to
and returning from the same for offenses punishable by not more than six years
imprisonment, and
2) Under the principles of International Law also exempt are foreign sovereigns,
ambassadors, ministers and persons belonging to their official entourage.

When may the use of force be justified?


The employment of unnecessary or unreasonable force or greater restraint than
what is needed for the detention of the person arrested is prohibited. Person
authorized to make arrest may, however, employ force or violence to the extent
of effectively overcoming active resistance to an arrest. And, it is not necessary
that the person arrested make an actual attack upon his captor. His refusal to
obey and surrender, or an attempt to escape suffices the justification for the
employment of force. (U.S. vs. Bertucio, 1 Phil. 47)

SECTION 3. Duty of arresting officer – It shall be the duty of the officer executing
the warrant without unnecessary delay to arrest the accused and to deliver him
to the nearest police station or jail.
What is essential to make a warrant of arrest valid?
For a warrant of arrest to be valid, it is essential that the person to be arrested is
identified by the terms of the warrant. If ever possible, the name and description

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


of the person to be served with a warrant of arrest must be inserted in it. Where
the name is unknown, the warrant must contain a description as will enable the
officer to identify the person to be served. (People vs. Veloso, 48 Phil. 169) If it does
not contain the name of the defendant or any description of designation by
which he could be known and identified as the person sought, it is void.

The Miranda Doctrine

The Miranda doctrine requires that:

(a) any person under custodial investigation has the right to remain silent;

(b) anything he says can and will be used against him in a court of law;

(c) he has the right to talk to an attorney before being questioned and to have
his counsel present when being questioned; and

(d) if he cannot afford an attorney, one will be provided before any questioning
if he so desires.

In the Philippines, the right to counsel espoused in the Miranda doctrine was
based on the leading case of People v. Galit16 and Morales, Jr. v. Enrile,17 rulings
subsequently incorporated into the present Constitution. The Miranda doctrine
under the 1987 Charter took on a modified form where the right to counsel was
specifically qualified to mean competent and independent counsel preferably
of the suspect's own choice. Waiver of the right to counsel likewise provided for
stricter requirements compared to its American counterpart; it must be done in
writing, and in the presence of counsel.

Failure on the part of the arresting officer to inform the arrested person of his rights
will make all the investigative efforts futile.

1935 Phil. Constitution Art. 3, Sec. 17


“in all criminal proceedings, the accused shall...enjoy the right to be heard
by himself….”
-presumption of innocence; right to be heard; right to speedy and public
trial

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


1973 Phil. Constitution Art. 3, Sec. 20
“no person shall be compelled to be a witness against himself.” That nay
person under investigation for the commission of an offense shall have the right
to remain silent, to have a counsel, and to be informed of such right. No force,
intimidation or any means which vitiate the free will, shall be used against him.
Any confession obtained in the violation of this section shall be inadmissible as
evidence.
-right against self-incrimination

1987 Phil. Constitution Art. 3, Sec. 12


Any person under investigation of the commission of an offense shall have
the right to be informed of his right to remain silent and to have a competent and
independent counsel preferably of his choice. If the person cannot afford the
services of a counsel, he must be provided with one. These rights cannot be
waived EXCEPT in writing, signed and in the presence of a counsel.

1987 Phil. Constitution (Sec. 6 Art. 16)


The state establishes and maintains one police force, which shall be
national in scope and civilian in character, to be administered and controlled by
the National Police Commission. The authority of the local executives over the
police shall be provided by law.

Republic Act No. 7438


An act defining rights of a person arrested, detained or under custodial
investigation as well as the duties of the arresting, detaining and investigating
officers, and providing penalties for violations thereof

Republic Act No. 9745 “Anti-Torture Act of 2009


An act penalizing torture and other cruel, inhuman and degrading
treatment or punishment and prescribing

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


II. RESPONSIBILITIES OF SPECIAL CRIME INVESTIGATORS
1. Determine if the crime has been committed – in general, the responsibility
for determining whether or not the crime has been committed is easily
charged. An investigator familiar with the elements of, at least, the more
common crimes will be able to handle most situations. The investigator
should have available copies of both the revised penal code and special
laws. The prosecuting fiscal can be consulted. If it is determined that no
crime is involved or the issue is a civil litigation with rare exceptions, criminal
law enforcement agencies have no responsibility.
2. Verify jurisdiction – if a crime is not within the investigator’s jurisdiction, there
is no responsibility for its investigation, but the complainant may need to be
referred to the proper authority. Occasionally, a crime is committed on the
border line of two jurisdictions.
3. Discover all facts and collect physical evidence – the facts available to the
first officer to arrive at a crime scene are provided by the victim or
complainant and eyewitnesses.
4. Recover stolen property – it has significance on a parallel with the
identification of the perpetrator. The reports required of secondhand
dealers and pawnshops are of great help to criminal investigators. They
facilitate the identification of items brought in for pawn, since many thieves
use this means to convert their into loot cash.
5. Identify the perpetrator – the role of secondhand dealers and pawnbrokers
play in the recovery of stolen property, there is a chance that other
merchants engaged in buying and selling may be able to describe who
brought in a particular item.
6. Locate and apprehend the perpetrator – when the suspect is located,
apprehension seldom presents difficulties; if it does, a raid may be called
for. Planning and staging a raid require coordination.
7. Aid in the prosecution of the perpetrator – largely, as a result of plea
bargaining only a few cases that are investigated and solved eventually
go to trial but the investigator must operate on the assumption that each
will be tried. This necessitates that proper notes, photographs and sketches
are made, in a timely fashion from the very beginning and that physical
evidence present is properly handled and examined.

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8. Testify effectively in court – testimony is effective only when it is credible.
When sincerity, knowledge of the facts and impartially are projected,
credibility is established.

III. PHASES OF CRIMINAL INVESTIGATION

Phase 1: Initial stage – a.k.a Preliminary Phase. The primary objective is to identify
the perpetrator/s. It is an action taken by the first responder who arrive the crime
scene after detection or report of said crime. - It serves as foundation for the case.
This is usually performed by the
a. Police Desk Officer
b. Police officer who received a call/report/complaint
c. First responder at the crime scene
The focus of preliminary investigation is the crime scene.

Actions to be completed during phase 1:


1. Establish that a crime was committed and what specific crime took place.
2. Arrest suspects/perpetrators if identified immediately or found at the crime
scene (CS).
3. Protect the crime scene and the evidences found therein.
4. Call for back-up and request for flash report related to the incident under
investigation.
5. Identify/locate victims and witnesses then conduct brief interview to establish
what happened.
6. Secure/gather info about identity of suspect/s, get-away vehicle/s if any, and
direction of flight.
7. Conduct CSI.
8. Accomplish the initial investigation report and its attachments.

PHASE 2: FOLLOW-UP STAGE a.k.a Continuing or In-depth investigation


The follow-up phase builds on what was learned during the preliminary
investigation. This phase can be conducted by the officers who responded to the
original call or, most often, by detectives or investigators, depending on the
seriousness and complexity of the crime and the size of the department. If

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


investigators take over a case begun by the patrol officers, coordination is
essential.

Investigative leads that may need to be pursued include checking the


victim’s background; talking to informants; determining who would benefit from
the crime and who had sufficient knowledge to plan the crime; tracing weapons
and stolen properties; and searching MO, mug shot and fingerprint files.

Actions necessary by the investigator:


1. Follow-up investigative leads
2. Conduct extensive interview
3. Conduct custodial investigation or interrogation
4. Reconstruct the crime
5. Search and collect additional or corroborative evidences
6. Preserve the legal integrity of evidences while maintaining chain of custody
7. Conduct surveillance if necessary
8. Analyze/evaluate the legal significance of collected information and
evidences
9. Accomplish follow-up investigation reports

PHASE 3: CONCLUDING STAGE a.k.a Final Investigation.


Actions that must be taken by the investigator:
1. Review the suspect’s arrest to ascertain its legality
2. Evaluate the suspect’s statement to determine its validity and admissibility
3. Check/review the manner in which evidences were obtained or developed
4. Test their admissibility if presented to the court
5. Furnish or compile all necessary records, reports, and documents of the case
6. Prepare court exhibits
7. Accomplish the final investigation report
8. Present collected evidences to the prosecutor including investigation reports
9. Assist in the presentation and prosecution of criminal in the trial court

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


IV. THE CRIME SCENE
The crime scene is the locale within the immediate vicinity of the
occurrence wherein evidence may be found. A methodical and detailed
evaluation, examination and search of the crime scene may establish the corpus
delicti of the crime, the modus operandi used and evidence that connects the
suspect or suspects to the crime. All investigative activities regarding the crime
scene must be carefully recorded and documented.

It is said to be a “treasure island”. It is the venue or place where essential


ingredients of the criminal act took place

CRIME SCENE INVESTIGATION - Is a comprehensive inquiry of a crime by


conducting systematic procedure of various investigative methodologies which
involves recovery of physical and testimonial evidence for the purpose of
identifying the witnesses, and arrest of perpetrator(s) for prosecution.

CSI is the process of recognizing, searching, collecting, preserving, and


documenting physical evidence at the CS. It covers the process of identifying and
interviewing witnesses and/or victims at the CS, including on-the-spot arrest of
suspected offenders. CSI involves more than just searching the crime scene.

CSI refers to the post-incident police operational procedures undertaken at the


crime scene. It presupposes that the crime has been consummated and
therefore investigation is to be commenced with the securing and processing of
the place of occurrence. (PNP SOP on the Conduct of CSI)

The Crime Scene Investigation (CSI) starts from the arrival of the PNP First
Responders (FRs) to the arrival of the Duty Investigator/IOC and the SOCO Team
until the lifting of the security cordon and release of the crime scene.

When does CSI commence?

CSI shall technically commence upon the arrival of the FRs and conclude
with the lifting of the security cordon and release of the crime scene by the OIC;

Scene of the Crime Operation (SOCO) - a unit within the PNP which is responsible
in processing significant crime scene which are sensational in nature.

CSI = Identification and interview of witnesses; Arrest of the suspect; Scientific


processing of crime scene

SOCO = Only limited to processing of the crime evidence

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


CRIME SCENE INVESTIGATION PROPER

A. RECEIPT OF BRIEFING AND DESIGNATION OF COMMAND POST

Command Post – an area which, is ideally located adjacent to the Crime


Scene where the CSI Evidence Custodian stays and receives the pieces of
evidence turned over to him for safekeeping by the other evidence collectors.

B. INITIATION OF PRELIMINARY SURVEY

Makes a general assessment of the scene;

Takes a cautious walk- through of the crime scene;

Takes down extensive note to document important factors;

Establishes the evidence most likely to be encountered;

Defines the extent of the search area;

Determines the personnel and equipment needed and makes specific


assignments; and

From his assessments, he develops a general theory of the crime scene.

C. PREPARATION OF NARRATIVE REPORT

The Team leader uses the systematic approach in making a narrative report.

D. CRIME SCENE DOCUMENTATION

1.PHOTOGRAPHING

2. SKETCHING

3. NOTE-TAKING

NOTES TAKING

Note taking must be a constant activity throughout the processing of the crime
scene. Notes must include:

Detailed written description of the Crime Scene with locations of recovered


physical evidence;

The time when the physical evidence was discovered;

The person who discovered and collected the physical evidence;

The time when evidence was packaged and marked; and

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


The disposition of the item when it was collected

F. COLLECTION OF PHYSICAL EVIDENCE

The competence to recognize and properly collect physical evidence is


critical to both solving and prosecuting crimes.

The team leader is always informed of significant evidence located. The


evidence collectors shall put his initial, location and date of collection on the item
and turn it over to the evidence custodian for documentation and safekeeping.

G. CONDUCT OF FINAL SURVEY

The team leader makes a final review on the crime scene to determine
whether or not the processing has been completed.

H. RELEASE OF THE CRIME SCENE

The release of the crime scene is done if the investigator is satisfied that all
pieces of evidence have been recovered. Thus, the investigator must evaluate
the items recovered from the results of the interrogations of the suspect/s and the
interview of the witnesses. He must bear in mind that upon the formal release of
the crime scene to the proper authority, the warrant is already required for his re-
entry to the crime scene.

CRIME SCENE PHOTOGRAPHY:

It is conducted to create an accurate, objective, visual and permanent


record of the crime scene before any item is moved or removed as possible
physical evidence. It is recommended to take as many photographs as you can
be giving emphasis to possible physical evidence.

Photograph should be taken as soon as possible, before note taking,


sketching or a search for evidence begins.

It must show the original, uncontaminated condition of the crime scene.

Photograph of the crime scene only should be taken without spectators or police
personnel

It must form an organized sequence and show all relevant location & object.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


It must be taken from general to specific.

Photographing The Crime Scene

1. Overall photos of the scene are taken to show the approach to the area, street
signs, and street light locations in relation to the actual scene, street addresses
and identifying objects at the scene. Pictures should also be taken of every room
in the house, even if their relationship to the crime scene is not readily apparent.

2. Photograph the scene in a clockwise pattern before altering the body's position
or any other evidence within the scene. Photograph the scene from at least 2
opposite corners, but from all four corners is even better. This way, nothing is
missed or hidden from view by intervening objects.

3. Photograph the body and the immediate vicinity around the body. If you have
a camera boom, take pictures from ceiling height down of the victim and any
other evidence. This perspective often shows things missed when viewed from
ground or eye level.

4. Keep a photo log. This is the record how the CS was systematically documented
using still and video cameras. This record shows the overall, medium, and close-
up views of the scene. It contains a series of photographs of the CS taken in a
systematic manner based on SOP.

The progression of CS photographs is useful in reconstructing the crime. This should


be the progression of shots which the CS photographer should observe.

1. Take long-range photos of the locality, points of ingress and egress, normal entry
to the property, exterior of the building/premises, and street signs or other
identifiable that will establish location.

2. Take mid-range photos of the immediate CS and the location of objects of


evidence within the area or room

3. Take close-range photos of specific evidence items (hairs, fibers, footprints, and
bloodstains)

GUIDELINES IN PHOTOGRAPHING THE CRIME SCENE

1. Begin taking photos ASAP. Plan before photographing.

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2. The evidence collectors must not touch or move any evidence once it is
located until it has been identified, measured, recorded and photographed.

3. Document the photographic effort with a photographic log.

4. The SLR camera is the best tool in documenting physical evidence & location;
the video-cam is the best tool in recording the activities of each team member.

5. Insure that a series of overall, medium & close-up views of the scene is
established.

6. Use recognized scale device for size determination when applicable.

7. When a scale device is used, first take a photograph without the inclusion of
this device.

8. Photograph evidence in place before its collection and packaging.

9. Photograph areas adjacent to the CS - points of entry, exits, windows, attic,


etc. Consider feasibility of aerial photography.

10. Photograph items, places, etc., to corroborate the statements of witnesses,


victims and suspects.

11. Take photographs from eye-level (when feasible) to represent scene as it


would be observed by normal view.

12. Film is relatively cheap compared to the rewards obtained. Do not hesitate to
photograph something which has no apparent significance at that time - it may
later prove to be a key element in the investigation.

13. Prior to lifting fingerprints, photographs should be taken 1:1, or use appropriate
scale.

14. Photographs must be supplemented by sketches.

THREE MAJOR TYPES OF PICTORIAL VIEWS

1. General View or Long-Range – photograph of the over-all scene. It will depict


the location of the crime.

Distance: From the doorway to the room and other corners of the room

2. Mid-Range View – shows the nature of the crime.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


Distance: 8 or 10 ft. from the victim

3. Close-up View – shows the details of the crime.

Distance: 5 ft. or less from the subject/object

CRIME SCENE SKETCH

It is the graphic representation of the scene of the crime with complete


measurements of the relative distances of relevant object and conditions
obtaining therein.

ELEMENTS OF SKETCH

a. Measurement

b. Compass direction

c. Essential items

d. Scale and proportion

e. Legend

f. Title

Why is sketching the CS is vital?

1. To refresh the memory of the investigator

2. To express the precise locations of the objects

3. To assist the prosecutor and the judge in understanding the conditions at


the crime scene

4. To supplement photographs

5. To assist in the questioning of witnesses and suspects

GENERAL KINDS OF SKETCH:

1. Rough Sketch

It is made by the investigator at the crime scene which is full of important


details but without scale of proportion.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


Basis for the finished sketch

It is the first pencil-drawn outline of the scene and the location of objects
and evidence within its outline.

2. Finished Sketch

Is often drawn by a draftsman to show proper relationships and scales. The


finished sketch is more presentable for court room presentations.

SPECIFIC KINDS OF SKETCHES:

1. Sketch of Locality/Neighborhood Sketch- give picture of the scene, the crime


and its environs, including neighboring buildings, roads, etc.

2. Sketch of the Ground/Floor Plan/Overview- picture of the scene of the crime


with its nearest physical surrounding.

3. Sketch in Details – the immediate scene only.

4. Exploded/Cross Projection – gives the clear impression of the scene in cases


where blood stains or bullet holes are found.

Procedures in making a crime scene sketch

a. To establish admissibility, the investigator must have personal observation of the


data in question. In other words, the sketch must be sponsored or verified.

b. REMINDER: Sketches are not a substitute for notes or photos; they are but a
supplement to them.

c. Types of sketches:

1. Floor plan or “bird’s-eye view”;

2. Elevation drawing;

3. Exploded view; And

4. Respective drawings.

d. Write down all measurements.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


e. Fill in all the details on your rough sketch at the scene. Final sketch may be
prepared at the office.

f. Keep the rough sketch even when you have completed the final sketch.

g. Indicate the North direction with an arrow.

h. Draw the final sketch to scale.

i. Indicate the PLACE in the sketch as well as the person who drew it. Use KEY-
capital letters of the alphabet for listing down more or less normal parts or
accessories of the place, and numbers for items of evidence.

j. Indicate the position, location and relationship of objects.

k. Methods or systems of locating points (objects) on sketch:

1. Rectangular coordinates. (Measurements at right angles from each of two


walls).

2. Coordinates constructed on transecting base line. Choose relatively fixed


points for your base line.

3.Triangulation. (Measurements made from each of two fixed objects to the


point you want to plot or locate so as to form an imaginary triangle.

Sketch will show as many imaginary triangles as there are objects plotted).

l. Critical measurements, such as skid marks, should be checked by two (2)


investigators.

m. Measurements should be harmony or in centimeters, inches, yards, meters,


mixed in one sketch.

n. Use standard symbols in the sketch.

o. Show which way the doors swing.

p. Show with arrow the direction of stairways.

q. Recheck the sketch for clarity, accuracy, scale, and title, key.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


V. EVIDENCE
A. OBJECT/REAL/AUTOPTIC EVIDENCE
That which is directly addressed to the senses of the court and consists of
tangible things exhibited in court.

OBJECT AS EVIDENCE - Objects as evidence are those addressed to the senses of


the court. When an object is relevant to the fact in issue, it may be exhibited to,
examined or viewed by the court (Rule 130 Sec.1).

OBJECT EVIDENCE, DEFINED – That tangible thing submitted to the court for
inspection, exhibition or demonstration.

For example, in a criminal trial, a knife believed to be the murder weapon would
be considered object or tangible evidence. Its physical characteristics, such as
fingerprints or bloodstains, can be examined and presented in court to support
the prosecution's case. The jury or judge can directly observe and assess this
evidence to make informed decisions about the case.

"Tangible" means something that can be perceived by touch or that has physical
substance. In the context of evidence, tangible evidence refers to physical
objects or materials that can be seen, touched, or otherwise directly sensed. This
type of evidence can include items such as weapons, documents, clothing, or
any other physical object relevant to a legal proceeding. Tangible evidence is
contrasted with testimonial evidence, which relies on witnesses' verbal statements
or accounts.

B. DOCUMENTARY EVIDENCE
It consists of writings or any material containing letters, words, numbers, figures,
symbols or other modes of written expressions offered as proof of their contents.

Documents as evidence consist of writing, recordings, photographs, or any


material containing letters, words, sounds, numbers, figures, symbols or their
equivalent or other modes of written expression offered as proof of their contents.
Photographs include still pictures, drawings, stored images, x-ray films motion
pictures or videos (Rule 130. Sec.2).

Documentary evidence refers to written or recorded material that is presented in


court to support or prove a fact in a legal proceeding. In Philippine criminal law,
documentary evidence can include things like contracts, receipts, emails,

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photographs, videos, and official records. For example, in a theft case, a receipt
showing the purchase of the stolen item could serve as documentary evidence
to establish ownership and value.

C. TESTIMONIAL EVIDENCE
That which is submitted to the court through the testimony or deposition of a
witness. It is that which directly comes out of the witness’s mouth, oral or written,
such as depositions and affidavits.

Testimonial evidence refers to statements made by witnesses under oath, typically


in a court of law, regarding what they personally observed or experienced. In
Philippine criminal law, testimonial evidence plays a crucial role in establishing the
facts of a case and determining the guilt or innocence of the accused.

For example, in a murder case in the Philippines, testimonial evidence could


include statements from eyewitnesses who saw the crime being committed or
who can testify to the actions of the accused before, during, or after the incident.
These testimonies help the court to understand the sequence of events and make
a fair judgment based on the evidence presented.

Preservation of evidence - It is the investigator’s responsibility to ensure that


every precaution is exercised to preserve physical evidence in the state in which
it was recovered/ obtained until it is released to the evidence custodian.

VI. EVIDENCE COLLECTION, HANDLING AND TRANSPORTATION


In the conduct of crime scene investigation for crimes of violence and other
crimes, the crime scene processing or the evidence collection, handling and
transportation shall primarily be conducted by the SOCO specialists of Crime
Laboratory. However, in some instances the First Responder or the Investigator-
on-case may have to collect evidence that might otherwise be destroyed or
contaminated if uncollected. In such cases, the collection should be properly
handled and documented.

The following procedures are set as guide not only for the SOCO team but may
also apply to any crime scene investigator in the collection and handling of

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


evidence. The collection and submission of standard samples for comparison,
however, must be done by the Crime Laboratory.

GENERAL RULES FOR THE COLLECTION AND PRESERVATION OF BIOLOGICAL


MATERIALS

a. Use protective gloves.

1) If possible, avoid touching individual smears/traces. Remember that gloves can


entail a risk of contamination.

2) Change gloves after handling each kind of material and otherwise as


necessary.

3) Use disposable equipment for preliminary tests and collection of trace


evidence.

4) Cover surfaces where materials are to be placed with protective paper. Keep
victims‟ and suspects‟ clothes separate.

b. Avoid coughing or sneezing on evidence/materials.

c. Packaging of biological materials.

1) Use paper packaging for all biological materials or materials that are soiled
with biological matter. Although plastic bags are useful in many cases, they
cannot be recommended for routine use on account of residual moisture.

2) Separate outer packages are to be used for trace evidence and for clothes
from persons involved.

3) Do not mix materials/samples from different people, for example clothes, in the
same parcel.

4) Fold the opening of the bag twice and seal with tape. Envelopes should also
be sealed with tape.

d. Special precautions

1) Make an explicit note if a person from whom material has been collected is
suspected of having an infectious disease.

2) Prevent contamination by avoiding all contact between collected evidence


and clothes seized from people.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


3) Packages containing collected materials must not be opened until the
examination in the laboratory is to commence. The only exception is when moist
or wet material must be dried out under normal room conditions.

CHAIN OF CUSTODY - A list of all persons who came into possession of an item of
evidence, continuity of possession, or the chain of custody, must be established
whenever evidence is presented in court as an exhibit. Adherence to standard
procedures in recording the location of evidence, marking it for identification,
and properly completing evidence submission forms for laboratory analysis is
critical to chain of custody. Every person who handled or examined the evidence
and where it is at all times must be accounted for. As a rule, all seized evidence
must be in the custody of the evidence custodian and deposited in the evidence
room or designated place for safekeeping.

EVIDENCE PACKAGING/MARKING AND SEALING

a. Acceptable packaging containers (depending on the type of evidence)


include:

1) Paper bags

2) Plastic bags (clear plastic is preferred for drug cases)

3) Boxes - sturdy cardboard

4) Manila envelopes

5) Small glass vials (typically arson and liquid drugs)

6) Metal cans (typically arson)

b. Acceptable seals

1) Tamper-proof evidence tape

2) Reinforced packaging tape

3) Heat seal

A package is considered as sealed if the contents are properly secured in place


and the seal/container is not tampered. Manila Envelope Clasps, Ziplock Bags
And Staples Do Not Constitute An Acceptable Seal. The person sealing the

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


evidence shall place his initial or individual identifier across the seal or tape on the
package.

c. Information on each package should minimally include:

1) Name of the Agency

2) Agency case number

3) Item number

4) Date

5) The investigator‟s identifier

d. Additionally, packaging of evidence should include:

1) Where the item was found

2) By whom

3) Date & time found

4) Description of item

PROCEDURE FOR SUBMITTING EVIDENCE TO THE CRIME LABORATORY (Regional


Forensic Unit)

There are situations where the Investigator-on-Case or even the First Responder
may have to collect evidence such as under tactical situations or those which
otherwise would be contaminated or destroyed if it remains uncollected. In such
cases, all evidence collected under similar circumstances shall be turned-over to
the investigator-on-case with the proper documentation and description on how
it was collected. The investigator-on-case shall then determine which evidence
will need further laboratory examination. The Investigator shall observe the
following procedures for the proper submission of evidence to the Crime
Laboratory. (A standard sample shall be collected by the Crime Laboratory as
necessary for comparison.)

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


COLLECTION, HANDLING AND PRESERVATION OF PHYSICAL EVIDENCE

The Collection and Preservation of Blood


Type of Procedure Packing/storage
evidence/
samples
Blood on Remove the whole object Put each piece of material in a
removable paper packaging and seal with
materials tape. If the material is wet or moist,

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


pack each piece of material in a
plastic bag sealed with tape. Open
and allow to dry on arrival at the
police station. Send to the PNP CL
in wrapping paper or an envelope.

Pools of Collect blood on some Put the swabs in the swab wrapper
blood swabs. In the case of larger or a folded piece of paper.
accumulations of blood, Package in an envelope, store dry
take several samples from and cool.
various places.
Put the swabs in the swab
wrapper or a folded piece
of paper. Package in an
envelope, store dry and
cool.

Blood in Collect on several swabs. Put the swabs in the swab wrapper
Water or a folded piece of paper.
Collect water with a clean Package in an envelope, store dry
pipette or syringe. and cool.

Pour the water into a clean, dry test


tube with a cork or a vacuum tube
with a purple cork.
Dry blood If possible, cut away part of Put each sample in a paper bag or
the surrounding material. envelope. Keep dry and cool.

If this is not possible, moisten Put the swabs in the swab wrapper
a swab with water. Rub it or a folded piece of paper.
until it becomes dark Package in an envelope, store dry
brown/red or until the swab and cool.
absorbs all the blood.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


The Collection and Preservation of Fingerprints
Type of evidence/ Procedure Packing/storage
samples
Fingerprints on Photograph the prints on site. Take the Pack in such a
removable objects object to the police station. Do not way as not to
cover the print with tape etc. damage visible
Remember that there may also be and latent prints.
latent prints on the object.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


Plastic prints e.g. in Photograph. Make a cast of the print
putty, wax, rigid fat with Mikrosil if the underlying material
allows this.

Coloured and Photograph.


etched prints

Prints in dust Photograph. Record the fingerprint on


tape and attach to a black or
transparent background.

Fingerprints in Try to achieve contrast by exposing to


blood UV light. Photograph. Nonporous
surfaces should subsequently be
treated with amino black. Porous
surfaces should be treated with DAB. Be
careful. DAB is suspected of being
carcinogenic. Photograph the
developed prints.
On removable Take the object to the police station. In Pack in such a
objects some situations, removable material way as not to
can also be treated in situ. Choose one damage any
of the methods described below. latent prints.

On dry surfaces If the prints are fresh, try brushing with Pack in an
magnet powder. Otherwise the envelop
material should be treated with
chemicals. If all the material cannot be
removed, try to cut out areas of interest.
On wet surfaces The material should be treated by
chemical methods. If this is not possible,
one of the following treatments may be
feasible.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


PREPARED BY: NESTLIE V. MARUQUIN, RCRIM
PREPARED BY: NESTLIE V. MARUQUIN, RCRIM
PREPARED BY: NESTLIE V. MARUQUIN, RCRIM
The Collection and Preservation of Semen or Saliva
Type of Procedure Packing/storage
evidence/samples
Semen or saliva on Remove the whole Put each piece of
removable materials object. material in a separate
paper bag. Unpack on
arrival at police station
and dry at room

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


temperature. Send to the
PNP CL in paper bags
Moist semen or saliva Collect part of the Put the swabs in the
sample on some swabs. swab wrapper or a
folded piece of paper.
Draw off liquid with a Package in an envelope.
clean pipette or syringe. Store dry and cool.

Pour the liquid in a clean,


dry test tube with a cork
or a vacuum tube with a
purple cork. Store in a
refrigerator. Send to the
PNP CL by refrigerated
transport.
Semen in condom Close the condom with a Keep in a refrigerator
clip. and send to the Crime
Lab as soon as possible
by refrigerated transport.
Dried semen or saliva If possible, cut out part of Put each sample in a
the surrounding material. paper bag or envelope.
Store cool and dry.
Otherwise, moisten a
swab with water. Rub it Air dry and put the swabs
until it is saturated. in the swab wrapper or a
folded piece of paper.
Package in an envelope.
Store dry and cool.

The Collection and Preservation of Urine


Type of Procedure Packing/storage
evidence/samples

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


Urine Collect in a plastic bottle Keep in a refrigerator.
or other suitable Send to the PNP CL by
container. refrigerated transport

Reference samples for Collect 20 ml in two test Keep the tubes in a


drug/ alcohol analysis tubes with screw caps. refrigerator.

The Collection and Preservation of Body Fluids


Type of Procedure Packing/storage
evidence/samples
Mouth samples Take samples from the Put the swabs in the
oral mucous membrane swab wrapper or a
by rubbing two swabs folded piece of paper.
against the inside of the Package in an envelope.
mouth, teeth and top Store dry and cool.
and bottom of the
tongue.
Dry smears of blood, Collect with swabs, Air dry and put the swabs
saliva (licks, kisses, bites, moistened with sterile in the swab wrapper or a
spit etc.) and semen water or tap water folded piece of paper.
Package in an envelope.
Store dry and cool
Vaginal samples Collect samples on Put the swabs in the
swabs, two swabs each swab wrapper or a
from at least three folded piece of paper.
different places, e.g. Package in an envelope.
introitus, cervix and Store dry and cool
anterior fornix.
Anal sample Collect samples on Put the swabs in the
swabs from the anus and swab wrapper or a
rectum. folded piece of paper.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


Package in an envelope.
Store dry and cool
Penis sample Collect the sample on Put the swabs in the
two swabs moistened swab wrapper or a
with sterile water or tap folded piece of paper.
water. Package in an envelope.
Store dry and cool.
Finger rub Sampling of a Rub the cuticles and Put the swabs in the
suspected perpetrator finger tops with one swab wrapper or a
moistened swab for folded piece of paper.
each hand. Package in an envelope.
Store dry and cool.
Samples for drug/ 10 ml of venous blood in Keep the tubes in a
alcohol analysis a vacuum tube (with a refrigerator.
grey stopper) and 20 ml
of urine in two test tubes
with screw caps.

DNA typing from Living Preferred alternative: Keep the tubes in a


persons (must be taken venous blood in a refrigerator
by Dr/nurse) vacuum tube (with a
. purple stopper).

DNA typing from Dead Blood in a tube. Keep the tubes in a


persons (must be taken refrigerator and send to
by doctor or nurse) the PNP CL by
refrigerated transport.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


The Collection and Preservation of Fibers
Type of Procedure Packing/storage
evidence/samples
Fibers on removable Remove the whole In wrapping paper,
objects object paper bags.
Invisible fibers on large Pick up with forceps. Place in a folded piece
objects (such as car of paper and insert in an
seats, sofas) envelope. Small samples
should be taped on
transparent film and
placed in an envelope.
Invisible fibers on large Take about 15 cm Package the transparent
objects (such as car lengths of tape and films with the tape in a
seats, sofas) systematically tape the separate envelope for
whole surface of the each object.
material, pressing lightly.
Use new tape often.
Then mount the pieces of
tape on transparent film.
Take an infection sample
from the fabric by
pressing a length of tape
hard against the fabric
once and then mounting
on transparent film. Take
a reference sample as
described below.
Fibers in hair, e.g. in the Tape systematically Stick the lengths of tape
hair of the head, in order across the hair with fiber to transparent film.
to find fibres from a tape
robber‟s hood.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


Reference samples (from If all the material cannot Tape the material to
materials that may be a be removed, cut away a transparent film that is
source of fibre piece of the fabric. then packaged in
contamination, e.g. Otherwise you can cut or envelopes. If tape or
clothes, carpets, pull out threads. Make transparent film is not
upholstery). sure that all the colours available, wrap each
are included. piece of material
separately and seal the
package carefully.
Selfsealing packages
should also be sealed
with tape.

The Collection and Preservation of Hairs


Type of Procedure Packing/storage
evidence/samples
Hair on removable Remove the whole object In wrapping paper,
objects paper bags

Visible hairs Hairs are collected with the Put the transparent films
help of tape that is attached to in an envelope.
transparent film.
Place in a folded piece
Individual long hairs can be of paper and insert in an
pulled out with forceps. envelope.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


VII. TITLE EIGHT CRIMES AGAINST PERSON (DESTRUCTION OF LIFE)
Art. 246. Parricide – Any person who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants or descendants, or his spouse,
shall be guilty of parricide.

Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to


death.

Elements:

1. That a person is killed.

2. That the deceased is killed by the accused.

3. That the deceased is the father, mother, or child, whether legitimate or


illegitimate, or a legitimate other ascendant or other descendant, or the
legitimate spouse, of the accused.

Art. 247. Death or physical injuries under exceptional circumstances – Any legally
married person who, having surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of them or both of them in the act
or immediately thereafter, or shall inflict upon them any serious physical injury,
shall suffer the penalty of destierro .

If he shall inflict upon them physical injuries of any kind, he shall be exempt from
punishment. These rules shall be applicable, under the same circumstances, to
parents, with respect to their daughters under eighteen years of age, and their
seducer, while the daughters are living with their parents. Any person who shall
promote or facilitate prostitution of his wife or daughter, or shall otherwise have
consented to the infidelity of the other spouse shall not be entitled to the benefits
of this article.

Penalty: Destierro (prohibition to enter the place or places designated in the


sentence, nor within the radius therein specified, which shall be not more than
250 and not less than 25 kilometers from the place designated.

A legally married person or parent surprises his spouse or daughter (the latter must
be under 18 and living with them) in the act of committing sexual intercourse with
another person

He/she kills any or both of them or inflicts upon any or both of them any serious
physical injury in the act or immediately thereafter.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


Notes: *1.Article does not define or penalize a felony. * Article 247, far from
defining a felony merely grants a privilege or benefit, more of an exempting
circumstance as the penalty is intended more for the protection of the accused
than a punishment. Death under exceptional character can not be qualified by
either aggravating or mitigating circumstances.

* If the accused fails to establish the circumstances called for in Article 247, he/she
will be guilty of Parricide and Murder or Homicide if the victims were killed.

Notes: *1.Article does not define or penalize a felony. * Article 247, far from
defining a felony merely grants a privilege or benefit, more of an exempting
circumstance as the penalty is intended more for the protection of the accused
than a punishment. Death under exceptional character can not be qualified by
either aggravating or mitigating circumstances.

* If the accused fails to establish the circumstances called for in Article 247, he/she
will be guilty of Parricide and Murder or Homicide if the victims were killed.

2. Not necessary that the parent be legitimate 3. Article applies only when the
daughter is single 4. Art 247 is applicable when the accused did not see his spouse
in the act sexual intercourse with another person. However, it is enough that
circumstances reasonably show that the carnal act is being committed or has
been committed.

* It is not necessary that the spouse actually saw the sexual intercourse being
committed. It is enough that he/she surprised them under such circumstances
that no other reasonable conclusion can be inferred but that a carnal act was
being performed or has just been committed.

5. Sexual intercourse does not include preparatory acts

6. IMMEDIATELY THEREAFTER: means that the discovery, escape, pursuit and the
killing must all form parts of one continuous act.

7. No criminal liability is incurred when less serious or slight physical injuries are
inflicted. Moreover, in case third persons caught in the crossfire suffer physical
injuries, the accused is not liable. The principle that one is liable for the
consequences of his felonious act is not applicable because he is not committing
a felony

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


Art. 248. M u r d e r – Any person who, not falling with the provisions of Article
246, shall kill another, shall be guilty of murder and shall be punished by reclusion
perpetua to death, if committed with any of the following attendant
circumstances:

1. With treachery, taking advantage of superior strength, with aid of armed


men, or employing means to weaken the defense or of means or persons to insure
or afford impunity;

2. In consideration of a price, reward or promise;

3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of


vessel, derailment or assault upon a railroad, fall of an airship, or by means of
motor vehicles or with the use of any other means involving great waste and ruin;
4. On occasion of any of the calamities of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public calamity;

5. With evident premeditation; 6. With cruelty, by deliberately and inhumanly


augmenting the suffering of the victim, or outraging or scoffing at his person or
corpse.

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

Elements of murder:

1. That a person is killed.

2. That the accused killed him.

3. That the killing was attended by any of the qualifying circumstances mentioned
in Article 248.

4. The killing is not parricide or infanticide.

TREACHERY Plain and simple, there is treachery if the offended party was not
given opportunity to make a defense.

MEANING OF PREMEDITATION Premeditation is the act of mediating in advance;


deliberation upon a contemplated act; a design form to do something before it
is done. The essence of premeditation is that the execution of the criminal act
must be preceded by COOL THOUGHT and REFLECTION upon the resolution to
carry out the criminal intent during the space of time SUFFICIENT to arrive at a
calm judgment. There is no evident premeditation without proof of planning.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


EVIDENT – Clear to the eye or judgment.

ART. 249. Homicide – Any person who, not falling within the provisions of Article
246 (Parricide) shall kill another, without the attendance of any of the
circumstances enumerated in the next preceding article (Article 248), shall be
deemed guilty of homicide.

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

Notes: * Homicide is the unlawful killing of a person not constituting murder,


parricide or infanticide.

* Intent to kill is conclusively presumed when death resulted. Hence, evidence of


intent to kill is required only in attempted or frustrated homicide

Distinction between homicide and physical injuries:

In attempted or frustrated homicide, there is intent to kill.

In physical injuries, there is none. However, if as a result of the physical injuries


inflicted, the victim died, the crime will be homicide because the law punishes
the result, and not the intent of the act.

ART 255 .Infanticide - The killing of a child less than three days of age, whether the
killer is the parent or grandparent, any other relative of the child, or a stranger.

Penalty:

1. The penalty provided in parricide and murder shall be imposed. 2. If the crime
penalized in this article be committed by the mother of the child to conceal
dishonor, she shall suffer the penalty of p r i s i o n m a y o r (6 years & 1 day to 12
years imprisonment) in its medium and maximum periods. If committed by
maternal grandparents or either of them, the penalty shall be reclusion temporal
(12 years& 1 day to 20 years imprisonment).

Under the Article 40 of the Civil Code, birth determines personality. A person is
considered born at the time when the umbilical cord is cut. He then acquires a
personality separate from the mother.

When the offender is the father, mother or legitimate ascendant, he shall suffer
the penalty prescribed for parricide. If the offender is any other person, the

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


penalty is that for murder. In either case, the proper qualification for the offense
is infanticide.

Even if the killer is the mother or the father or the legitimate grandparents, the
crime is still Infanticide and not Parricide. The penalty however, is that for Parricide.

VIII. KIDNAPPING
Art 267 kidnapping and serious illegal detention

Elements:

1. That the offender is a private individual;

2. That the kidnaps or detains another, or in any other manner deprives the latter
of his liberty;

3. That the act of detention or kidnapping must be illegal;

4. That in the commission of the offense, any of the following circumstances is


present:

 That the kidnapping of detention lasts for more than 3 days


 That is committed simulating public authority
 That any serious physical injuries are inflicted upon person kidnapped or
detained of threats to kill him are made; or
 That the persons kidnapped is a minor, female, or a public officer.

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

The perpetrator shall suffer the penalty of reclusion perpetua to death if:

1. The kidnapping or detention shall have lasted for more than five days.

2. Committed by simulating public authority.

3. Any serious physical injuries shall have been inflicted upon the person
kidnapped or detained or if threat to kill shall have been made.

4. The person kidnapped or detained shall be a minor, female or public officer.

The penalty shall be death where the kidnapping or detention was committed
for the purpose of extorting ransom from the victim or any other person,

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


even if none of the circumstances above mentioned were present in the
commission of the offense.

Important factors in Kidnapping Cases:

1. The safe return of the victim

2. Identification and apprehension of the suspect

Initial Investigative Procedures:

1. Thorough interview of the victim if already released.

2. Search of the crime scene

3. Interview of the possible witnesses

4. Checking the modus operandi

5. Possible identification through the photographic files

6. Coordination with other law enforcement agencies

KIDNAP FOR RANSOM – a criminal act more particularly described as the unlawful
taking and carrying away of a person by force or fraud and against his will or in
any manner depriving him of his liberty for the purpose of extorting ransom as
payments for his release.

Elements of kidnap for ransom:

1. That the offender is a private individual

2. That he kidnaps or detains another or in another manner, deprive, the latter of


his liberty

3. That that act of detention or kidnapping must be illegal

4. That, in commission of the offense, any of the following circumstances as


enumerated under Art. 267 of the RPC is present

CARDINAL RULE: NEVER DEAL WITH KIDNAPPERS ALONE

Kidnapping where ransom is involved:

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


Phase I. When a complaint is received, the family of the victim is requested to
remain in touch to accumulate information needed. The following types of
information must be taken:

1. How the demand was made

2. Request the family to refrain from divulging the contents of the letter, note or
call to anyone except to the police authorities.

3. Emphasize the importance of news blackout as essential to the victim’s safety

4. Obtain and preserve the ransom note for laboratory examination.

5. Determine if the family intends to pay the ransom, investigators should avoid
giving the opinion as to ransom payments

6. Find ways and means to verify if the victim is still alive.

7. Conduct family background investigation

8. Conduct covert investigation of household helpers

9. Arrange for wiretapping operations in accordance with RA 4200 10. Establish


possible motives

Phase II. After the victim has been returned or the body has been located. After
the victim has been returned dead or alive, the investigation changes, an all-out
investigation are conducted in accordance with the second objective, to identify
and apprehend the suspects. Investigative procedure includes:

1. Thorough interview of the victim.

2. All details should be obtained.

3. Re interview all witnesses

4. Conduct surveillance

5. Determine whether the kidnapper is familiar with the victims, residential area,
habits and financial status.

6. If the victim is dead follow the pattern of homicide investigation

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM


Pointers to be considered in Kidnapping Cases:

1. Remember that kidnap for ransom gang must be treated as witty, experienced
and dangerous armed criminals.

2. Any slightest mistake on the part of the police would mean death of the victim

3. Initiate secrecy discipline not only on the victim’s family but also within the
police.

4. Experienced, trusted personnel must be utilized

5. Equipped with sophisticated communication system

Problems in the Investigation of Kidnapping Cases:

1. Out of fear, the family of the victim does not want to cooperate with the police.

2. The case is only reported after payoff of the ransom money or the victim had
been found dead.

PREPARED BY: NESTLIE V. MARUQUIN, RCRIM

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