Professional Documents
Culture Documents
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
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
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.
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
(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.
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.
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.
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.
The Team leader uses the systematic approach in making a narrative report.
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:
The team leader makes a final review on the crime scene to determine
whether or not the processing has been completed.
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.
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.
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.
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.
3. Take close-range photos of specific evidence items (hairs, fibers, footprints, and
bloodstains)
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.
7. When a scale device is used, first take a photograph without the inclusion of
this device.
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.
Distance: From the doorway to the room and other corners of the room
ELEMENTS OF SKETCH
a. Measurement
b. Compass direction
c. Essential items
e. Legend
f. Title
4. To supplement photographs
1. Rough Sketch
It is the first pencil-drawn outline of the scene and the location of objects
and evidence within its outline.
2. Finished Sketch
b. REMINDER: Sketches are not a substitute for notes or photos; they are but a
supplement to them.
c. Types of sketches:
2. Elevation drawing;
4. Respective drawings.
f. Keep the rough sketch even when you have completed the final sketch.
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.
Sketch will show as many imaginary triangles as there are objects plotted).
q. Recheck the sketch for clarity, accuracy, scale, and title, key.
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.
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.
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
4) Cover surfaces where materials are to be placed with protective paper. Keep
victims‟ and suspects‟ clothes separate.
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.
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.
1) Paper bags
4) Manila envelopes
b. Acceptable seals
3) Heat seal
3) Item number
4) Date
2) By whom
4) Description of item
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.)
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.
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.
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.
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.
Elements:
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.
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.
* 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.
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
Elements of murder:
3. That the killing was attended by any of the qualifying circumstances mentioned
in Article 248.
TREACHERY Plain and simple, there is treachery if the offended party was not
given opportunity to make a defense.
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.
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
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:
2. That the kidnaps or detains another, or in any other manner deprives the latter
of his liberty;
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.
3. Any serious physical injuries shall have been inflicted upon the person
kidnapped or detained or if threat to kill shall have been made.
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,
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.
2. Request the family to refrain from divulging the contents of the letter, note or
call to anyone except to the police authorities.
5. Determine if the family intends to pay the ransom, investigators should avoid
giving the opinion as to ransom payments
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:
4. Conduct surveillance
5. Determine whether the kidnapper is familiar with the victims, residential area,
habits and financial status.
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.
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.