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NOTES IN SPECIALIZED CRIME INVESTIGATION 2 WITH INTERROGATION AND INTERVIEW

CHAPTER 1

INTRODUCTION TO SPECIALIZED CRIME INVESTIGATION

CRIMINAL INVESTIGATOR - A public safety officer who is tasked to conduct investigation of all
criminal cases under the Revised Penal Code, Criminal laws and Special laws which are criminal
in nature.
A well trained, disciplined, and experienced professional in the field of criminal investigation.

AQUALITIES OF INVESTIGATOR
1. Perseverance - steadfastness, persistence and resolution to bring the desired conclusion
despite of obstacle connected with criminal investigation
2. Endurance – It is the ability to last physically and mentally, enduring sleepless night and
tiresome days
3. Incorruptible honesty and integrity- The ability to resist or avoid temptation.
4. The Intelligence and Wisdom of Solomon – these is the ability of the investigator of decipher
falsehood from truth and separate the grain from the chaff.
5. The knowledge of psychology and other natural sciences – the investigator must know the
different patterns of human behavior, the prevailing situations in a specific environment and
the laws of nature in order to detect deceptions and lies.
6. Acting Ability – the ability to go down to the level of the minor, the prostitute or slum
dwellers, or the level of the other professional or the members of the elite.
7. Mastery of Oral and Written Communication – The investigator must know how to
communicate with the people in the community through oral or written form.
8. The keen power of observation and description – the investigator must know how to observe
and describe accurately especially in crime scene investigation.
9. Courage – the moral fortitude to tell the truth no matter who will be hurt.
1O. Working knowledge of criminal Law, evidence, criminal procedure and penal special laws.
11. Sense of justice and fair play.
12. The power to ‘’read between the lines.’’
13. Working knowledge of martial arts and firearms proficiency – extra skill that can be use by
the investigator in interrogating a certain suspect

SPECIAL CRIME SCENE INVESTIGATION - a method of protecting, processing and crime

reconstruction.

CRIME SCENE INVESTIGATION - Shall refer to the post incident police operational procedures
undertaken at the crime scene.
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CHAPTER- II

SPECIAL CRIME RELATED TO PERSON (CRIMES AGAINST PERSON)

Art 248-MURDER – is unlawful killing of a person with qualifying circumstances shall be
punished
by reclusion perpetua (20 yrs and 1 day to 40 yrs) to death (R.A. No. 7659 was passed by
congress reimposing death penalty, however, on June 24, 2006, Congress passed R.A. 9346
prohibiting the imposition of the death penalty)
Elements of MURDER
1. That a person is killed
2.That the accused killed him
3.That the killing was attended by any qualifying circumstances.

QUALIFYING CIRCUMSTANCES MAKE THE KILLING FOR MURDER

1.Treachery,taking advantage of superior strength, with the aid of armed men.
2. In consideration of price, reward or promise.
3. By means of trickle, fire, poison, explosion.
4. On occasion of any of the calamities of an earthquake, eruption of volcano.
5. With evident premedatation.
6.With cruelty, by deliberately and inhumanly augmenting the suffering of the victim.

Example 1 – MURDER
B, the live in partner of G, shot the latter with his service firearm hitting her on the head
causing her instantaneous death. Considering that B took advantage of his sex and weapon, he
is liable for MURDER with taking advantage of superior strength as the qualifying circumstance.

However, if B shot G, when the former lost his control because the nagging of the latter,
and therefore was provoked, thereby losing his reason for self-control, the crime committed is
only HOMICIDE because B could not have taken advantage of his superior strength.

Example 2
If B and G are legally married, the aggravating circumstance of taking advantage of
superior strength cannot qualify the crime to MURDER because it is already absorbed in the
crime of PARRICIDE

Art 249- HOMICIDE

Unlawful killing of a person without qualifying circumstances shall be punished by reclusion
Temporal (12 yrs and 1 day to 20 yrs)
Elements of HOMICIDE
The offender killed the victim.
That the accused killed him without qualifying circumstances.
That the killing was not attended by any qualifying circumstances of Murder or by that of
Parricide or infanticide.
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Note: Intent to kill is presumed in HOMICIDE

Example 1- HOMICIDE
After X confronted Y about the latter refused to pay his debt to the former, and when Y
shouted at X, after which an altercation between ensued them, thus resulting to their shooting
each other, wherein Y died, X is only liable for HOMICIDE there being no treachery that
attended the commission of the crime.

Art. 247-Death or Physical injuries inflicted under exceptional circumstances shall be

punished by (Distierro)
ELEMENTS OF CRIME OF PASSION
1.That a legally married person, surprise his spouse, his daughter, under 18 years of age, single
and living with him in the act of committing sexual intercourse with another person.
2.That he or she kills or any both of them any serious physical injury in the act or immediately
thereafter.
3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or
she has not consented to the infidelity of the other spouse.

Example 1-Death or Physical Injuries inflicted under exceptional circumstances

H found his wife, W, and P, her paramour at the back of old school building which has been
vacant. H saw his wife putting on her panty, while P was closing the zipper of his pants, thereby
indicating that they have just finished the sexual act. Then and there, H pulled out his gun and
shot W and P thus killing both instantly. H prosecuted for PARRICIDE, H invoked the benefits
due to him under Art 247.

The court is right if he is convicted for the crime charged. H did not surprise them in the very
act of sexual intercourse that was already finished or the act preparatory to the sexual
intercourse.

Art.246-PARRICIDE
PARRICIDE-Any person, who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendant, or his descendants, or his spouse shall be guilty of Parricide
and shall be punished by the penalty of reclusion Perpetua (20 yrs and 1 day to 40 yrs).

Example; H and W, for good number of years, have been living as husband and wife and
their relationship was blessed with several children. One day, during one of their rare violent
quarrels, W got the service pistol of H and shot to death the latter. W was charge with Parricide
in the information filed against her, where it was alleged that they were legally married before
the Church, during the trial, the prosecution evidence, not objected to by the defense, proved
that they were indeed, legally married. Thus W was convicted of parricide and sentenced to
reclusion perpetua(20 yrs and 1 day to 40 yrs)
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Art.255-INFANTICIDE
Infanticide-any person, who shall kill any child less than three (3) days or 72 hours of age and
shall be committed by the mother of the child for purpose of concealing her dishonor, shall
suffer the penalty of reclusion Perpetua (20 yrs and 1day to 40 yrs).

INTENTIONAL ABORTION
Intentional abortion-any person, who shall intentionally cause an abortion shall suffer;
The penalty of reclusion temporal (12 yrs and 1 day to 20 yrs),

if he shall use any violence upon the person of the pregnant woman.
The penalty of prision mayor (6 yrs and 1 day to 12 yrs),

if, without using violence, he shall act without the consent of the woman.
The penalty of prision correctional in its medium and maximum periods (6 mos 1 day to 6
years), if the woman shall have consented.

The penalty of prision mayor (6 yrs and 1 day to 12 yrs), if, without using violence, he shall
act without the consent of the woman.

The penalty of prision correctional (6 months 1 day to 6 yrs) in its medium and maximum
periods, if the woman shall have consented.

UNINTENTIONAL ABORTION
The penalty of prision correctional in its minimum and medium periods shall imposed upon
any person who shall cuase an abortion by violence, but unintentionally.

Prision correctional (Penalty) – (6 months and 1 day to 6 years).

Example, Unintentional abortion

X, a quack doctor, was called by F, a farmer, to treat his daughter D, 6 months on her way,
who has writhing in pain because of stomach ache, X gave D a kind of medicine that cause her
abortion. H, husband of D, filed a criminal case for abortion against X.

X is not liable for abortion, whether intentional or unintentional, He is not liable for intentional
abortion because he did not intent to cause abortion when he gave D a certain kind of
medicine;

neither is he liable for unintentional abortion because he did not employ violence that
cause the abortion. X is liable only for illegal practice of medicine and physical injuries.
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Art.258-ABORTION BY THE WOMAN HERSELF OR BY HER PARENTS

The penalty of prision correctional in the medium or maximum periods(6 mos 1 day to 6
years) shall be imposed upon a woman who shall practice on abortion upon herself or shall
consent that any other person should do so.
ELEMENTS;
1. There is a pregnant woman, who suffers an abortion.
2. The abortion is intended.
3. The abortion is caused by a)Pregnant woman herself b) another person with her
consent c) any of her parents with her consent for the purpose or concealing her
dishonor
Example; Abortion
Miss X, who was 6 months pregnant suffered abortion because she accidentally slipped in their
bathroom. To hide that X was pregnant, Her sister instructed their maid to bury the fetus at the
back of their house

Neither the woman, nor her sister and maid are criminally liable for abortion because the
age of the fetus, it cannot have its own life independent of its mother and that upon expulsion
from the womb of the mother, it would succumb. They could not be liable for infanticide either
because although the fetus is less than three(3) day old, however, it could not be subsist
outside the womb of the mother, besides, the expulsion of the fetus was due to accident.

Art.263-SERIOUS PHYSICAL INJURIES

Any person, who shall wound, beat, or assault another, shall be guilty of the crime of serious
physical injuries, inflicted shall have caused the illness or incapacity for labor of the injured
person for more than thirty (30) days shall be punished by prision correctional (6 mos and 1 day
to 6 yrs)

Art. 265-Less Serious Physical injuries

Less Serious Physical injuries-Any person, who shall inflict upon another Physical injuries,
which shall incapacitate the offended party for labor for Ten(10) days to Thirty(30) days or shall
require medical attendance for the same period, shal be guilty of Less Serious Physical Injuries'
and shall suffer the penalty of arresto Mayor(one(1) month and 1day to six(6) months).

Art.266-Slight Physical Injuries

Slight Physical injuries-when the offender has inflicted physical injuries, which shall
incapacitate the offended party for labor from one(1) to nine(9) days, or shall require medical
attendance during the same period shall suffer penalty of arresto menor(1 day to 30 days)

Art. 266-A-RAPE; When and How committed-RAPE shall be punished by reclusion perpetua
(20 yrs and 1 day to 40 yrs) is committed
1)By a man, who shall have carnal knowledge of a woman under any of the following
circumstances;
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a) Through force, threat, or intimidation

b) When the offended party is deprived of reason or otherwise unconscious
c)By means of fraudulent machination or grave abuse of authority and
d) When the offended party is under twelve(12) years of age or is demented, even though
none of the circumstances mentioned above present,
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another persons mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person.(R.A No.
8353 ,October 22,1997)

Art. 266-c Effect of Pardon – The subsequent valid marriage between the offender and the
offended party shall extinguish the criminal action or the penalty imposed.
In case it is legal husband who is the offender, the subsequent forgiveness by the wife as the
offended party shall extinguish the criminal action or the penalty: Provided, that the crime shall
not be extinguished or the penalty shall not be abated if the marriage is void ab initio.

Example 1-RAPE
After arriving from her work as a cashier in a grocery store, X went to sleep early at 9:00
o’ clock in the evening and since she was very tired, at around midnight her brother in law, Y,
went inside her room and had carnal knowledge with her without knowing what was being
done to her. When their flower base dropped and created a loud sound, X woke up and she saw
Y going out from the door of her room closing the zipper of his pants. X noticed that she was
already naked from waist down and that there was a sticky substance in her private parts.
Nobody saw Y having carnal knowledge with X but nobody had entered her room that night
except Y.

Y is liable for RAPE under par.1(b) of art 266-A because while asleep X was either deprived
of reason or otherwise unconscious at that time(see people caballero,61 phil.900
(Example 2), In example 1,

EXAMPLE 2
If X was awakened when she felt something hard was penetrating her private organ and
found Y on top of her and when X shouted “who are you” thus prompting Y to stand up and
fled, RAPE was committed(see pvc SCRA 681)

Still in example 1 and 2, Instead of inserting his penis on the private organ of X, he
inserted his finger and tongue therein,Y is liable for RAPE under par. 2 of Art. 266-A (people vs
Silvano,309 SCRA 362)
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CHAPTER III

Special Crime Investigation (Crime against Property)

SPECIAL CRIME RELATED TO PROPERTY (ROBBERY)

Art.294-Robbery with violence against or intimidation of persons-The penalty of reclusion
perpetua (20 yrs and 1 day to 40 yrs) to death (R.A 9346 prohibiting the imposition of death
penalty) when by reason or on accasion of the robbery,the crime of homicide shall have
committed or when the robbery shall have been accompanied by rape or intentional mutilation
or arson.

ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMADATION OF PERSONS

1. Unlawful taking of personal property belonging to another.
2. That the taking must be with intent to gain and
3. That there is violence against or intimidation of any persons.
NOTE: if ROBBERY is accompanied with killing ROBBERY WITH HOMICIDE is committed;
If with rape, ROBBERY WITH RAPE and so on and so forth.

ROBBERY BY a BAND-It committed, when at least FOUR ARMED male factors take part in the
commission of ROBBERY

Example- ROBBERY
R, while pointing his gun at V, demanded from the latter the bundle of money from his
pocket, which he had newly withdrawn from a bank. Fearing for his life, V handed the money to
R who, immediately took it and while R was about to place it inside his pocket, P, a policeman,
who was all the time watching the two at a distance, arrested R.
The crime committed by R was consummated ROBBERY WITH INTIMIDATION AGAINST THE
PERSON OF V.

BRIGANDAGE –
It committed, when at least FOUR ARMED PERSON formed a Band of robbers and the
Purpose is either
1. To commit Robbery in the Highway.
2. To Kidnap person for the purpose of extortion or to obtain ransom.
3. To attain by means of force and violence any other purpose.

ART 308-who are liable for THEFT

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Theft is committed by any person who, with intent to gain but without violence against, or
intimidation of persons nor force upon things, shall take personal property of another without
the latter’s consent shall suffer the penalty of Prision Mayor (6 yrs and 1 day to 12 yrs) .
Theft is likewise committed by:
Any person who have found lost property, shall fail to deliver the same to the local authorities
or to its owner.

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.
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 farm products.

1. (Santos V people, 181 SCRA 487,) the supreme court laid down the following elements of
theft:
A. there is taking of personal property
b. this property belongs to another
c. the taking of this property is with intent to gain
d. The taking is done without the consent of the owner
e. The taking is accomplished without the use of violence or intimidation against
persons or force upon things.

Example 1 of THEFT
T visited his classmate, C and upon knocking the door he pushed it and entered the house
when nobody answered, once inside the house and knowing that nobody was there, T
proceeded to the room of C and with the use of picklock, he opened the locked aparador and
got the pieces of jewelry inside, after which he hurriedly left.
Only the crime of THEFT was committed by T, and not ROBBERY because he entered the
house through the unlock door and that the picklock was not used in entering the house.

Example 2- THEFT
While walking inside the park of a mall, T spotted through the glass of the door of a car a
handbag which he thought contained money. T attempted to open the door of the car, and
upon knowing that is was locked, T got a stone and broke the glass and took out the handbag
containing the money by entering the car through the opening in the broken glass of the door.

T committed the crime of theft and not a robbery because he entered a car not a building.
While there was force upon things when T broke the glass of the door of the car, nevertheless,
what was broken was not a window or door of a building which is required in robbery.

ART 310- Qualified Theft shall be punished by two degrees higher than (Theft)
If committed by a domestic servant, or with grave abuse of confidence, or if the property is
stolen motor vehicle, mail matter or large cattle or consists of coconut taken from the premises
of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion
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of fire, earthquake, typhoon, volcanic eruption or any other calamity, vehicular accident or civil
disturbances. (Amended by RA no. 120 and BP BLG. 71 May 1, 1980).

Qualified theft is committed by the following:

1.Domestic servant
2.By any person with grave abuse of confidence
3.If the property stolen is a motor vehicle
4.If the property stolen is a mail matter
5.If the property stolen is a large cattle
6.It the property stolen is a fish taken from a fishpond or fishery
7.If the property taken on the occasion of fire, earthquake, typhoon, volcanic eruption or any
other calamity, vehicular accident or civil disturbance.

Example
X hired the services of Y, a licensed security guard of Melanio Agency to guard his
pawnshop inside the Mall of Asia. At round 12:00 midnight, few days after he was hired, Y stole
some of the pawned watches kept inside the aparador of the shop.
Y committed the crime of qualified theft by grave abuse of confidence because of high
degree of confidence reposed by X on him.

ART 327 -liable for Malicious Mischief (Prision Correctional if the value damage caused
exceeds 1,000 Pesos), (Arresto mayor not exceed 200 pesos) and (Arresto Menor not exceed
200 pesos)
Any person who shall deliberately cause damage to the property of another, any damage
not falling within the terms of the next preceding chapter, shall be guilty of MALICIOUS
MISCHIEF.
. The elements of the crime are:
1.Any person deliberately caused damage to the property of another person
2.The act causing damage to another did not result to the commission of the crime of arson or
3.crimes involving destruction, and
4.The damage cause was done maliciously, done out of hate and revenge.

RA NO.6539-Anti Car napping Law

Car napping defined it is unlawful taking, with intent to gain, a motor vehicle belonging to
another without the later consent or by means of violence against or intimidation of person
using force upon things.
Sec. 14. Penalty of Car napping any person,who is found guilty of Car napping as this term is
defined in section two this act, shall irrespective of the value of motor vehicle taken, be
punished by imprisonment for not less than fouerteen (14) years and eigth months and not
more than seventeen (17) years and four months,when the car napping is committed without
violence or intimidation of person or force upon things and by imprisonment for not lessthan
seventeen(17) and four months and not more than thiurty(30) years, when the Car napping is
committed by means of violence against or intimidation of any person and penalty of life
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imprisonment to death when the owner or the accupant of the carnap vehicle is killed in the
commission of carnapping.

CLASSES OF PRINCIPAL PENALTIES AND THEIR DURATION

CAPITAL PUNISHMENT
1.Death – no duration (it has been abolished)
AFFLICTIVE PENALTIES
2.Reclusion Perpetua- 20 years and 1 day to 40 years
3.Reclusion Temporal – 12 years and 1 day to 20 years
4.Prison Mayor – 6 years and 1 day to 12 years
CORRECTIONAL PENALTIES
5. Prison Correctional – 6 months and 1 day to 6 years (Destierro)
6. Arresto Mayor – 1 month and 1 day to 6 months
LIGHT PENALTIES
7.Arresto Menor – 1 day to 30 days

PD 1612-ANTI FENCING LAW

1.The penalty of prision mayor, if the value of property involved is more than 12,000 pesos but
not exceeding 22,000 pesos,
2.if the value of such property exceeds the latter sum, the penalty provided in this paragraph
shall be imposed in its maximum period.
3.The penalty of prision correctional in its medium and maximum, if the value of the property
robbed or stolen is more than 6000 pesos but not exceeding 12000 pesos
4.The penalty of pision correctional in its minimum and mediu,m period if the value of
property
5. The penalty of arresto mayor in its medium period to prision correctional in its minimum
period, if the value of the proiperty involved is more over 200 pesos but not exceeding 6000
pesos. )
6.The penalty of arresto mayor in its medium period if such value is over (5)
pesos but not exceeding 50 pesos,
7.The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos

ESTAFA - the offender has juridical possession of the property and misappropriate or converts
it, Theft and estafa may be distinguished as follows:
In theft, the thing is taken, while in estafa, the offender receives the property and convert it to
his own use of benefit.

SWINDLING AND OTHER DECEITS

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ART. 315 – Swindling (Estafa) – Any person who shall depruad another by any of the means
mentioned herein below:
1.With unfaithfulness or abuse of confidence, namely
a) By altering the substance, quantity, or quality of anything of value which the offender
shall deliver by virtue of an obligation to do so, even thought such obligation be based on an
immoral or illegal consideration;
b) By misappropriating or converting, to the prejudice of another, money, goods or any
other personal property received by the offender trust, or on commission, or for
administration, or any other obligation involving the duty to make to make delivery of, or to
return the same.
c) By taking due advantage of the signature of the offended party in blank, and by writing
any document above signature in blank, to the prejudice of the offended party or any third
person.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneous with the commission of the fraud:
a) By using fictitious name, or falsely pretending to posses power, influence, qualifications,
property, credit, agency business or imaginary transactions; or by means of other similar
deciets.
b) By altering the quality, fineness, or weight of anything pertaining to his art of business.
c) By pretending to have bribed any government employee, without prejudice to the action
for calumny, which the offended party may deem proper to bring against the offender. In this
case, the offender shall be punished by maximum period of the penalty.
d) By postdating a check, or issuing a check in payment of an obligation when the offender
had no funds in the bank, or his deposited therein were not sufficient to cover the amount of
the check.
e) By obtaining any food, refreshment or accomadation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment house and the like without paying thereof, with
intent to defraud the proprietor or manager thereof, by obtaining credit at a hotel, inn,
restaurant, boarding house, lodging house, or apartment house by the use of any false
pretense.

EXAMPLE 1
L, a graduating Law student, give to G, a goldsmith and jeweler, a diamond stone to be made
to a ring which he intended to give as a birthday gift to his girl friend, however, G substituted
the diamond stone he received from L with a diamond stone lesser in quality when he made the
ring, G is liable for ESTAFA under par. 1 (a) of this article.

EXAMPLE 2
D, a filipina DH working in Hongkong, sent P10,000 worth of Hongkong Dollars to her parents
through E, her close friend and another DH who is working with her in the same household in
Hongkong instead of delivering the money to D’s parent E spent it. E is liable for ESTAFA by
misappropriating or conversion to the prejudice of D.
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CHAPTER IV – OTHER SPECIAL CRIME

KIDNAPPING - To seize and detained or carry away by unlawful force or fraud and often with a
demand for ransom.

Serious illegal Detention - illegal detention is the unjustifiable imprisonment or the unlawful
deprivation of liberty of a person by way of arrest for a wrongful cause or suspicion and the
continued restriction of personal freedom by retaining such person in custody.

KIDNAPPING and SERIOUS ILLEGAL DETENTION

Any private individual who shall kidnap or detain another, or any other manner deprived
him of his liberty, shall suffer the penalty of reclusion perpetau (20 yrs and 1 day to 40 yrs) to
death( R.A. No. 9346 prohibiting the imposition of death penalty).
1. If the kidnapping or detention shall have lasted more three days.
2. If it shall have been committed simulating public authority;
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained, or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor except when the accused is any of the
parents, female or a public officer.

The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above mentioned were present in the commission of the offense.
When the victim is killed or dies as a consequence of the detention or his raped, or is
subjected to torture or dehumanizing acts, the maximum penalty shall be imposed. (As
amended by R.A. No.7659 D,P Repealed by R.A. No. 9346 prohibiting D.P.)

EXAMPLE 1.
X, single, 20 years old, has been a long time suitor of G, also single, who would always spurn his
proposals of marriage. To insure that G would be forced to marry him, X forcibly loaded her to
his Pajero van and took her to a nearby town in order marry her. On her their way, and because
her so much, X did not touch her
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X committed the crime of serious illegal detention because the offended party is a female. The
fact that X did not touch her on the way showed that his intention was pure and honest to
marry her, hence, he could not be held liable for Forcible Abduction.
EXAMPLE 2 - If in example 1, G is only 16 years old, X could be liable for forcible abduction
because of his intention to marry G knowing that G is a minor and therefore cannot give
consent to the marriage is an evidence of lewd design,

EXAMPLE 3 –
In Example 1 and 2, if X forcibly loaded G on his van without lewd design, brought her to
another town where he raped her, the crime committed is a complex crime of forcible
abduction with rape; however if she was forcibly taken to another town without lewd design if
X raped G, X committed the complex crime of kidnapping with rape

PD 1613 Law on Arson.

Any person who burns or sets fire to the property of another shall be punished by Prison
mayor. The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.

Art.324- Crimes involving Destruction

Any person who shall cause destruction by means of explosion, discharge of electric
current, inundation, sinking, or stranding of a vessel, intentional damaging of the engine of said
vessel, taking up the rails from a railway tract, maliciously changing railway signals for the
safety of moving trains, destroying telegraph wires and telegraph post, or those of any other
system, and in general by using any other agency or means of destruction as effective as those
above enumerated, shall be punished by reclusion temporal if the commission has endangered
the safety of any other person; otherwise, the penalty of prision mayor shall be imposed.

EXAMPLE
In order to destabilize the present administration PGMA, X a rabid opposition political leader,
planned an explosive device at the base of Makati Hall of Justice Building and caused it to
explode thereby destroying a wing of the building as well as the court records and court
equipment.
X has committed a crime involving destruction under Art. 324. However, if the intention of X
in destroying the building was to kill some judges holding office therein, X is guilty of attempted
Murder under Art. 248, par 3

RA No. 9208 (Anti- Trafficking in Person Act of 2003

Definition of Terms
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Trafficking in Persons It shall be unlawful for any person, natural or judicial, to commit any of
the following acts. Recruitment, transportation, transfer or harboring, or other forms of
coercion, abduction, fraud, deception, taking advantage of the vulnerability of the persons, 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

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.

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.

Forced Labor and Slavery refer to the extraction of work or services from any person by means
of enticement, violence, intimidation or threat, use of force or coercion, including deprivation
of freedom, abuse of authority or moral ascendancy, debt-bondage or deception

Sex Tourism refers to a program organized by travel and tourism-related establishment and
individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists.

Sexual Exploitation refers to participation by a person in prostitution or the production of

pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim’s
vulnerability.

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

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.

Council
shall mean the Inter-Agency Council Against Trafficking created under Sec. 20 of this Act.
 15

REPUBLIC ACT NO. 9262

R.A. No. 9262 - is the Anti-violence against women and Children act of 2004 it seeks to address
the prevalence of violence against women and children VAWC), abuse on women and their
children by their intimate partners like:
Husband or Ex-husband Live –in Partner or ex- Live-in Partner Boyfriend / Girlfriend of Ex-
Boyfriend/ Ex- Girlfriend dating partner or ex- daring Partner The at classifies violence against
women and children (VAWC) as a public crime.

CHAPTER V
General Principles of Crime Scene Investigation
Specific Functions, Responsibilities and Procedures
1.First Responder (FR)
1.1. The first Police Officers to arrive at the crime scene are the FRs who were
dispatched by the local police station/unit concerned after receipt of incident/ flash
alarm report;
Immediately, the FR shall conduct a preliminary evaluation of the crime scene. This
evaluation should include the scope of the incident, emergency services
1.1. required, scene safety concerns, administration of life-saving measures, and
establishment of security and control of the scene;
1.2. The FR is mandated to save and preserve life by giving the necessary first-aid
measures to the injured and their medical evacuation as necessary. The FR shall likewise
secure and preserve the crime scene by cordoning off the area to prevent unauthorized
entry of persons;
1.3. The FR shall take the dying declaration of severely injured person/s, if any.
Requisites of a “Dying Declaration” are:
1.3.1. That death is imminent and the declarant is conscious of that fact;
1.3.2. That the declaration refers to the cause and surrounding circumstances of such
death;
1.3.3. That the declaration relates to facts which the victim is competent to testify to;
and
1.3.4. That the declaration is offered in a case where in the declarant’s death is the
subject of the injury.
1.4. The FR shall make the initial assessment on whether a crime has actually been
committed and shall conduct the preliminary interview of witnesses to determine what
and how the crime was committed;
1.5. If and when there is a suspect present in the area, the first responder shall
arrest, detain and remove the suspect from the area;
1.6. The FR, upon the arrival of the IOC, shall turn over the crime scene to the duty
investigator/ IOC after the former has briefed the investigator of the situation. The FR
 16

shall prepare and submit and CSI Form “1” – First Responders Report to the IOC and be
prepared to assist the IOC in the investigation; and
1.7. The FR shall stay in the crime scene to assist the IOC in the maintenance of
security, crowd control, preservation of evidence and custody of witness/ suspect until
such time the investigation is completed and temporarily turned over to the local Chief
of Police (COP) for the continuance of crime scene security.

2.Investigator-on-Case (IOC)/ Duty Investigator

2.1. Upon arrival at the crime scene, the IOC shall request for a briefing from the FR
and make a quick assessment of the crime;

2.1 At this stage, the IOC shall assume full responsibility over the crime scene and shall
conduct a thorough assessment of the scene and inquiry into the incident. If necessary
the IOC may conduct crime scene search outside the area where the incident
happened, employing any of the various search methods;
2.2. Based on the assessment, if the IOC determines that a SOCO team is required, he
shall report the matter to his COP and request for a SOCO, otherwise, the IOC shall
proceed with the CSI without the SOCO team and shall utilize CSI Form “4”;
2.3. The IOC may by himself if the situation so demands, conduct CSI if, there is no
Provincial Crime Laboratory Office/ Regional Crime Laboratory Office in the province.
The IOC must, however, ensure that the correct procedures in the collection of evidence
are observed to ensure the admissibility of the evidence;
2.4. The Police Station Operation Center, upon directive of the COP, shall make the
request for the SOCO team through the Provincial /City Operations Center;
2.5. It shall be the responsibility of the Provincial/City Operations Center to facilitate
the request for the SOCO Team;
2.6. Upon the arrival of the SOCO Team, the IOC shall accomplish CSI Form “2” and
submit the same to the SOCO Team Leader. The SOCO team shall not enter the crime
scene unless the IOC makes the official written request wherein he assures the SOCO
team of his presence and support;
2.7. The IOC shall brief the SOCO Team upon their arrival at the crime scene and shall
jointly conduct the preliminary;
2.8. Crime scene survey.

3.SOCO Team
3.1. The SOCO Team shall not join any operations conducted by the local police or
accompany the FRs or the IOC in going to the crime scene. They will only respond upon
request through the Operations Center and after the IOC has already made the proper
assessment of the crime scene;
3.2. Upon receipt of the Request for Conduct of SOCO, the SOCO Team shall then
conduct the scene of the crime operations which include among others the narrative
description of the crime scene, photography, videography, crime scene search, crime
 17

scene sketch, crime scene location sketch, physical evidence recording and collection,
and other procedures necessary
In case the SOCO Team needs to temporarily suspend the processing, the Chief of Police
shall be primarily
1.1. responsible and accountable for securing the crime scene and ensuring its
integrity until the return of SOCO Team and the conclusion of the CSI;
1.2. After the termination of the SOCO, the SOCO Team Leader shall brief the IOC on
the initial results and thereafter conduct the final crime scene survey together with the
IOC; and
1.3. The SOCO Team shall accomplish the CSI Form “4” – SOCO Report Forms and
furnish the IOC of copies of the same before leaving the crime scene.

2. Release of the Crime Scene

2.1. The IOC shall decide on the lifting of the security cordon and the release of the
crime scene upon consultation with the SOCO Team Leader and he shall be responsible
in ensuring that all pieces potential evidence have been collected by the SOCO Team as
any re-entry into the crime scene after its release to the owner will require a Search
Warrant issued by the Court;
2.2. The IOC shall accomplish the CSI Form “6” before the cordon shall be lifted;
2.3. The IOC shall ensure that the appropriate inventory has been provided by the
SOCO Team and shall only lift the security cordon and release the crime scene only after
the completion of the documentation process;
2.4. The IOC or the COP shall turn-over the crime scene to the owner of the property
or where the crime scene is a public place, to any local person in authority using CSI
Form “5”;
2.5. The IOC shall accomplish and submit the Investigator’s Report with all the
required attachments to the COP within two (2) working days from the date of
incidence; and
2.6. The CSI Report shall be the first entry in the Case Folder for the investigation of
the incident.

CHAPTER VI
Interrogation and Interview
INTERROGATION AND INTERVIEW
INTERROGATION a questioning of suspects and witnesses, who is relevant to divulge or reveal
information with the goal of extracting admission or confession while an INTERVIEW is a simple
questioning of suspects and witnesses

CONFESSION AND ADMISSION

CONFESSION – is an express acknowledgement by the accused in a criminal prosecution of the
truth of his guilt as to the offense charged
ADMISSION – refers to the statement of facts not directly constituting and acknowledgement
of guilt.
 18

Extra judicial confession and judicial confession

Extra Judicial Confession-those made by the suspect during custodial investigation.
Judicial confession-those made by the accused in open court, the plea of guilt may be during
arraignment or in any stage of the proceeding where the accused change his plea of not guilty
to guilty.

ARREST-is the taking of a person into custody in order he may bound to answer for the
commission of the offense.

Sec. 5 Rule 113 –ARREST WITHOUT WARRANT, WHEN LAWFUL

A peace officer or a private person may, without a warrant, arrest a person:
1) When, in his presence, the person to be arrested has committed, is actually committed or his
attempting to commit an offense.
2) When an offense has just been committed an he has probable cause to believe based on
personal knowledge of facts and circumstances that the person to arrested, has committed it
and
3) When the person to be arrested is a prisoner, who has escape from penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or
has escape while being transferred from one confinement to another.

Sec 13, Rule 126-SEARCH INCIDENT TO LAWFUL ARREST

A person lawfully arrested may be search for dangerous weapons or anything which may
have been used or constitute proof in the commission of an offense without search warrant.

CUSTODIAL INVESTIGATION
Defined as conducted by Law enforcement Officer after a person has been arrested or
deprived of his freedom of action, issuing an invitation is considered a custodial investigation.

RA NO.7438-An act defining certain rights of Person arrested,detained or under Costudial

Investigation
1.) Any person arrested detained or under custodial Investigation shall at all times be
assisted by counsel.
2.) Any public officer or employee, or anyone acting under his order or his place, who
arrest, detain or investigates any person for the commission of an offense shall inform
the latter, in the language known to and understood by him, of his right to remain silent
and to have competent and independent counsel preferably of his own choice,who shall
at all times be allowed to confer privately with the person arrested detained or under
costudial investigation, if such person cannot afford the service of his own counsel, he
must be provided with competent and independent counsel by the investigating officer.
 19

3.) Penalty clause-

a]Any arresting public officer or employee, or any investigating officer, who fails to
inform any person arrested, detained or under custodial investigation of his right to
remain silent to have competent and independent counsel preperably of his own choice,
shall suffer a fine of six(6,000) thousand pesos or a penalty of imprisonment of not less
than eight (8) years but not more than ten(10) years, or both the penalty of perpetual
absolute disqualification, shall also be imposed upon the investigating officer, who has
been previously convicted of similar offense.

MIRANDA WARNING
You are arrested for the crime of MURDER
You have the right to remain silent, any statement
You make, may be used for or against you in any court of law in the Philippines. You
have the right to have a competent and independent counsel preferably of your own
choice. If you cannot afford the service of counsel the government will provide one for
you.
Do you understand these right?

ANTI-TORTURE WARNING
You have the right to demand physical examination by an independent and competent
doctor of your own choice. If you cannot afford the service of a doctor, the state shall
provide one for you.

RULE 126 – SEARCH AND ZEISURE

Section 1. SEARCH WARRANT DEFINED – A Search Warrant is an order in writing issued
in the name of the people of the Philippines, signed by the Judge and directed to Peace
officer, commanding him to search the personal property described therein and bring it
before the court

Section 2. Court where application for Search Warrant be filed – An application for
Search Warrant shall be filed with the following
1. Any Court within whose territorial jurisdiction a crime was committed.

Sec. 3. Personal Property to be seized – A Search Warrant may be issued for the Search
and Seizure of personal property
1. Subject of the offense
2. Stolen or embezzled and other proceeds, or fruits of the offense
3. Used or intended to be used as the means of committing an offense. (2a)

Sec. 4. Requisite for issuing a Search Warrant – A Search Warrant shall not issue
except upon probable cause in connection with one specific offense to determined
personally by the Judge after examination under oath or affirmation of the complainant
 20

and the witnesses he may produce, and particularly describing the place to be
Searched and the things to be seized which may be anywhere in the Philippines. (3a)

Sec. 5. Examination of Complainant record – The judge must, before issuing the
warrant personally examine in the form of searching questions and answers, inwriting
and under oath, the complainant and witnesses he may produce on facts personally
known to them and attach to the record their sworn statement, together with the
affidavits submitted.(4a)

Sec 6. Issuance and form of search warrant – If the judge satisfied of the existence of
facts upon which the application is based or that there is probable cause to believe that
the exist. He shall issue the Warrant which must be substantially in the form prescribed
by this Rules (5a)

Sec. 7. Right to break door or window to effect search – The officer, if refused
admittance to place of directed search after giving notice of his purpose and authority,
may break open any outer or inner door or window of a house or any part of a house or
anything therein to execute the warrant or liberate himself or any person lawfully
aiding him when unlawfully detained therein.

Sec. 8. Search of house, room, or premises to be made in presence of two witnesses –

No search of house, room, or any other premises shall be made except in the presence
of the lawful occupant thereof or any member of his family or in the absence of the
latter, two witnesses of sufficient age and discretion residing in the same locality. (7a)

Sec 9. Time of making search – The warrant must direct that it be served in the
daytime, unless the affidavit assert that the property is on the person or in the place
ordered to be search, in which case a direction may be inserted that it be served any
time of the day or night, (8)

Sec 10. Validity of Search warrant – A search warrant shall be valid fot ten (10) days
from its date. Thereafter, it shall be void. (9a)

Sec 11 Receipt for the property seized – The officer seizing property under the warrant
must be give a detailed receipt for the same to the lawful occupant of the premises in
whose presence the search and seizure were made, or in the absence of such occupant,
must, in the presence of at least two witnesses of sufficient age and discretion residing
In the same locality, leave a receipt in the place in which he found the seized property.
(10a)

Sec 12. Delivery of property and inventory thereof to court; return and proceeding
thereon – (a) The officer must forthwith deliver the property seized to the judge who
issued the warrant, together with true inventory thereof duly verified under oath.
 21

(b) Ten (10) after issuance of the search warrant, the issuing judge shall
ascertain if the return has been made, and if none, shall summon the person to whom
the warrant was issued and require him to explain why no return was made. If the
return was made. If the return has been made, the judge shall ascertain whether
section 11 of this Rule has been complied with and shall require that the property
seized be delivered to him. The judge shall see to it that subsection (a) hereof has been
complied with.
© The return of search warrant shall be filed and kept by the custodian of the
log book on search warrants who shall enter therein the date of the return, the result
of other actions of the judge.
A violation of this section shall constitute contempt of court. (11a)

RAID – A sudden appearance by officer for the purpose of arresting suspected law
violators and seizing contraband and the means and instruments used in the
commission of a crime

CHECK AND CHOKE POINT – refer to a place where police check vehicular or pedestrian
traffic in order to enforce circulation control measures and other laws, orders, and
regulations when there is a need to arrest a criminal or fugitive from justice.

POLICE LINE UP – A legal procedure wherein an eyewitness identifies a suspect out of a

group of five or six other people who fit the suspect’s description of the alleged
perpetrator of the crime. Poline lineups are part of an overall criminal procedure
process known as eyewitness identification.

ROQUES GALLERY – A collection of photographs of known criminal, use to identify

suspects

CHAPTER VIII

AFFIDAVIT – A written statement confirmed by oath or affirmation for use as evidence in court.

CONFESSION - is an express acknowledgement by the accused in a criminal prosecution of the

truth of his guilt as to the offense charged

ADMISSION - refers to the statement of facts not directly constituting and acknowledgement of
guilt.

AFFIDAVIT OF ARREST - is generally filled out by the arresting officer and state the facts and
circumstances surrounding an Arrest.
 22

DEPOSITION – A testimony made under oath and taken down in writing by an authorize officer
of the court out of court setting and before trial

COMPLAINT AFFIDAVIT - A sworn statement prepared by someone, who wishes to file a legal
Complaint.

AFFIDAVIT OF WITNESS - is a written witness statement given voluntarily to attest to the

accuracy and truthfulness of a specific fact on the crime incident

Prepared By

PLT GENEROSO A. ALGARNE JR II (Ret),MS Crim

Course Facilatator

CHAPTER VIII
 23

Report Writing

INITIAL REPORT – A kind of report that gives out information of the ongoing investigation

INCIDENT REPORT – A written account of a situation that has occurred it provides a record of
events that led up to an accident

SPOT REPORT – Refers to an immediate initial investigative or incident report addressed to

higher headquarters pertaining to the commission of the crime, occurrence of natural or man
made disaster or unusual incident involving loss of lives and damages of properties

PROGRESS REPORT – A written narration of facts developed by the investigator in the course of
follow up investigation.

FINAL REPORT – A report or documents which records the conclusion arrived by the police after
the investigation process.

INVESTIGATION REPORT – A document that details the findings of an investigation as soon as a

formal complaint is filed or an incident occurs. This is where investigators record the issues of
the matter, analyze the evidence, and formulate a conclusion

ACCOMPLISHMENT REPORT – A report or document that states the summary or update of

police operation

POST OPERATION REPORT – A report that may rendered after any successful police operation
that leads to the arrest of any members of syndicate crime groups.
 24

1.5. Designate command post location and ensure exchange of information between search
and investigative personnel.
1.6. Determine search patterns and make appropriate assignments for team members.
1.7. Ensure that sufficient supplies and equipment are available for personnel.
1.8. Control access to the scene and designate a personnel to record in the contamination log
everyone who enters the crime scene for a purpose.
1.9. Shall act as PIO/Spokesperson at the crime scene provided that the giving of information
will not jeopardize the on-going investigation.
1.10. Responsible for the consolidation and compilation of reports and other documents.
1.11. Continuously evaluate efficiency of search during the entire course of operation.
2. Photographer
2.1. Photograph entire area before it is entered.
2.2. Photograph victims, crowd and vehicles.
2.3. Photograph entire scene with general, medium, close-up coverage and extreme close-up
view using measurement scale when appropriate.
 25

2.4. Photograph major evidence items before they are moved. Coordinate this effort with the
Sketcher, Evidence Custodian and Evidence Recovery Personnel.
2.5. Photograph all latent fingerprints, and other impression evidence before lifting and casting
is accomplished.
2.6. Photograph blueprints, maps and previous photographs of scene, as required.
2.7. Take final photographs to show final condition as released.

3. Sketcher
3.1. Make a diagram of the immediate area of scene. It must be oriented to the North.
3.2. Indicate on sketch the pieces of evidence and coordinate Evidence nomenclature
with evidence custodian and evidence collector.
3.3. Indicate adjacent structures, areas and other objects, as necessary.
3.4. Identify and label areas to be searched and inform team leader and all other search
members of nomenclature for identified areas.
3.5. Obtain appropriate assistance for taking measurements and list assistant/s on sketch.
3.6. Ensure necessary administrative information, such as scale disclaimer (not drawn to scale),
is recorded on sketch.
3.7. Make sure that the rough sketch is signed by the IOC.

4. Evidence Log Recorder/ Custodian

4.1. Prepare evidence log.
4.2. Coordinate evidence nomenclature with the sketcher, photographer and evidence
collector/processor.
4.3. Receive and record all collected evidence at the crime scene.
4.4. Undertake evidence packaging and preservation.
4.5. Maintain chain-of-custody of evidence.
4.6. Coordinate transmittal of evidence to the concerned office for appropriate forensic
laboratory examination.

4. Evidence Log Recorder/ Custodian

4.1. Prepare evidence log.
4.2. Coordinate evidence nomenclature with the sketcher, photographer and evidence
collector/processor.
4.3. Receive and record all collected evidence at the crime scene.
4.4. Undertake evidence packaging and preservation.
4.5. Maintain chain-of-custody of evidence.
4.6. Coordinate transmittal of evidence to the concerned office for appropriate forensic
laboratory examination.

5. Driver/Security
5.1. Ensure that the vehicle is properly maintained.
5.2. Provide physical security to the SOCO members and equipment.
5.3. Account SOCO equipment before leaving the scene.
 26

6. Evidence Processor/Collector
This generally refers to the different crime scene technicians or forensic specialists, who by
virtue of their training or specialization, are necessary to identify and collect physical evidence
from the crime scene. The services of these forensic personnel shall be attached to the SOCO
Team depending on the SOCO requirements of the reported crime scene.

7. Forensic Specialists
Refers to the PNP Crime Lab personnel who by academic preparation, series of specialized
trainings, and/or occupational exposure had acquired the required technical expertise in any of
the following PNP Crime Laboratory’s core competencies:
7.1. Medico Legal or any of its branches
7.2. Forensic Chemistry or any of its branches
7.3. Physical Identification or any of its branches
7.4. Firearms Identification
7.5. Fingerprint Identification
7.6. Document Examination
7.7. Polygraph Examination
7.8. Forensic Photography

CHAPTER 3

SCOPE OF CRIME SCENE INVESTIGATION

Crime Scene – A venue or place from which most physical evidence associated with crime will
be obtained.
Crime Scene Investigation (CSI) – shall refer to the post incident police operational procedures
undertaken at the crime scene when a crime has been committed. The investigation shall
commence upon arrival of the first responders and subsequently a designated Investigator-on-
Case assumes responsibility and control over the crime scene. The IOC conducts an assessment
and makes a request for SOCO assistance if so requires.

Crime scene search - is a planned and coordinated legal search of a crime scene to locate
physical evidence relevant to the investigation.

Specific Functions, Responsibilities and Procedures

1. First Responder (FR)

 27

1.1. The first Police Officers to arrive at the crime scene are the FRs who were dispatched
by the local police station/unit concerned after receipt of incident/ flash alarm report;
Immediately, the FR shall conduct a preliminary evaluation of the crime scene. This evaluation should
include the scope of the incident, emergency services
1.1. required, scene safety concerns, administration of life-saving measures, and
establishment of security and control of the scene;
1.2. The FR is mandated to save and preserve life by giving the necessary first-aid
measures to the injured and their medical evacuation as necessary. The FR shall
likewise secure and preserve the crime scene by cordoning off the area to prevent
unauthorized entry of persons;
1.3. The FR shall take the dying declaration of severely injured person/s, if any. Requisites
of a “Dying Declaration” are:
1.3.1. That death is imminent and the declarant is conscious of that fact;
1.3.2. That the declaration refers to the cause and surrounding circumstances of such
death;
1.3.3. That the declaration relates to facts which the victim is competent to testify to;
and
1.3.4. That the declaration is offered in a case where in the declarant’s death is the
subject of the injury.
1.4. The FR shall make the initial assessment on whether a crime has actually been
committed and shall conduct the preliminary interview of witnesses to determine
what and how the crime was committed;
1.5. If and when there is a suspect present in the area, the first responder shall arrest,
detain and remove the suspect from the area;
1.6. The FR, upon the arrival of the IOC, shall turn over the crime scene to the duty
investigator/ IOC after the former has briefed the investigator of the situation. The FR
shall prepare and submit and CSI Form “1” – First Responders Report to the IOC and
be prepared to assist the IOC in the investigation; and
1.7. The FR shall stay in the crime scene to assist the IOC in the maintenance of security,
crowd control, preservation of evidence and custody of witness/ suspect until such
time the investigation is completed and temporarily turned over to the local Chief of
Police (COP) for the continuance of crime scene security.

2. Investigator-on-Case (IOC)/ Duty Investigator

2.1. Upon arrival at the crime scene, the IOC shall request for a briefing from the FR and
make a quick assessment of the crime;

2.1 At this stage, the IOC shall assume full responsibility over the crime scene and shall
conduct a thorough assessment of the scene and inquiry into the incident. If necessary the IOC
may conduct crime scene search outside the area where the incident happened, employing
any of the various search methods;
 28

2.2. Based on the assessment, if the IOC determines that a SOCO team is required, he
shall report the matter to his COP and request for a SOCO, otherwise, the IOC shall
proceed with the CSI without the SOCO team and shall utilize CSI Form “4”;
2.3. The IOC may by himself if the situation so demands, conduct CSI if, there is no
Provincial Crime Laboratory Office/ Regional Crime Laboratory Office in the province.
The IOC must, however, ensure that the correct procedures in the collection of
evidence are observed to ensure the admissibility of the evidence;
2.4. The Police Station Operation Center, upon directive of the COP, shall make the
request for the SOCO team through the Provincial /City Operations Center;
2.5. It shall be the responsibility of the Provincial/City Operations Center to facilitate the
request for the SOCO Team;
2.6. Upon the arrival of the SOCO Team, the IOC shall accomplish CSI Form “2” and
submit the same to the SOCO Team Leader. The SOCO team shall not enter the crime
scene unless the IOC makes the official written request wherein he assures the SOCO
team of his presence and support;
2.7. The IOC shall brief the SOCO Team upon their arrival at the crime scene and shall
jointly conduct the preliminary;
2.8. Crime scene survey.

3. SOCO Team

3.1. The SOCO Team shall not join any operations conducted by the local police or
accompany the FRs or the IOC in going to the crime scene. They will only respond
upon request through the Operations Center and after the IOC has already made the
proper assessment of the crime scene;
3.2. Upon receipt of the Request for Conduct of SOCO, the SOCO Team shall then conduct
the scene of the crime operations which include among others the narrative
description of the crime scene, photography, videography, crime scene search, crime
scene sketch, crime scene location sketch, physical evidence recording and collection,
and other procedures necessary
In case the SOCO Team needs to temporarily suspend the processing, the Chief of Police shall be
primarily
1.1. responsible and accountable for securing the crime scene and ensuring its integrity
until the return of SOCO Team and the conclusion of the CSI;
1.2. After the termination of the SOCO, the SOCO Team Leader shall brief the IOC on the
initial results and thereafter conduct the final crime scene survey together with the
IOC; and
1.3. The SOCO Team shall accomplish the CSI Form “4” – SOCO Report Forms and furnish
the IOC of copies of the same before leaving the crime scene.

2. Release of the Crime Scene

2.1. The IOC shall decide on the lifting of the security cordon and the release of the crime
scene upon consultation with the SOCO Team Leader and he shall be responsible in
 29

ensuring that all pieces potential evidence have been collected by the SOCO Team as
any re-entry into the crime scene after its release to the owner will require a Search
Warrant issued by the Court;
2.2. The IOC shall accomplish the CSI Form “6” before the cordon shall be lifted;
2.3. The IOC shall ensure that the appropriate inventory has been provided by the SOCO
Team and shall only lift the security cordon and release the crime scene only after the
completion of the documentation process;
2.4. The IOC or the COP shall turn-over the crime scene to the owner of the property or
where the crime scene is a public place, to any local person in authority using CSI
Form “5”;
2.5. The IOC shall accomplish and submit the Investigator’s Report with all the required
attachments to the COP within two (2) working days from the date of incidence; and
2.6. The CSI Report shall be the first entry in the Case Folder for the investigation of the
incident.

3. Special SOCO Procedures

In cases where the evidence gathered needs special processing due to significant or
sensational cases, the specialists from the Crime Laboratory shall be requested.
3.1. In bombing cases, the Explosive Ordinance Disposal (EOD) personnel should first clear
the area and declare it “secured” prior to entry of the SOCO. The former, before
entering the crime scene, must submit to the latter for swabbing. All evidence
collected must be pre-cleared by the EOD prior to documentation.
In suspected or reported chemical, biological, radiologica
1.1. or nuclear (CBRN) situations, the SOCO shall directly coordinate with the Special
Rescue Team of the Bureau of Fire Protection before the conduct of the crime scene
investigation.
1.2. In mass victim situation, the Regional/ District SOCO who has jurisdiction over the
area, in addition to their function, shall act as the FR to the Interim Disaster Victim
Identification Task Group (IDVITG) of the PNP Crime Laboratory. The IDVITG shall
immediately assess the forensic specialists needed to be deployed at the crime scene
and relay the requirements to the PNP Crime Laboratory Headquarters.

1.3. The SOCO has motu proprio authority to direct all operating units involved in the
police operation to submit their respective personnel for forensic examination, their
service firearms for ballistics tests, and other pieces of evidence involved to expedite
the investigation of the case.

2. Duties of the Territorial Police Unit

2.1. Provide assistance in the evacuation of the injured persons to the nearest hospital;
2.2. Provide area security;
2.3. Control the crowd at the crime scene;

2.4. Direct the flow of traffic away from the crime scene so as not to destroy and
contaminate vital evidence; and
2.5. Provide security back-up to the SOCO.
 30

3. Policy Guidelines on Processing of Persons Present at the Crime Scene

These policy guidelines prescribe the operational procedures in processing and handling
persons present at the crime scene; be they the suspects, victims or witnesses. The aim is to
clearly define police courses of actions in dealing with persons who, for any reason and
personal circumstance, are at the crime scene during the conduct of police operation.

CHAPTER IV
CRIME SCENE PROCESSING SPECIFIC PROCEDURE
Introduction

Crime scene processing is very difficult task and it requires specific procedure to be
religiously followed just to avoid technicalities under the law. The personnel of SOCO and the
investigator-on-case are well-trained, knowledgeable and competent about the order of crime
scene investigation. This chapter covered the crime scene processing specific procedure, starts
from crime scene approach followed by preliminary crime scene survey, physical evidence
assessment, narrative description of the crime scene, crime scene documentation, crime scene
search, physical evidence recording and collection, final crime scene survey, post crime scene
processing and case conference.

1. Crime Scene Approach

1.1. The team leader shall consider the overall safety of the team and anticipate any
unfavorable terrain and weather condition.
1.2. Upon arrival at the crime scene, designate staging area. The team leader shall
coordinate with the Investigator-on-Case (IOC). A letter request for SOCO assistance is
required.
1.3. Conduct immediate recording and documentation of the actual condition of the crime
scene through photography or videography and note taking including the weather
condition prior, during and after crime scene processing.
1.4. Search and collection personnel tasked to enter the crime scene must wear
appropriate personal protective equipment (PPE) such as gloves, face masks, hair net,
and shoe covers. In cases of explosion incidents, overall white suits, and hard hats, as
necessary, shall be worn.

2. Preliminary Crime Scene Survey

2.1. The Team Leader shall conduct a careful walk-through of the crime scene with the
Investigator-on-Case. In cases of explosion incidents, the bomb technician/ Explosive
Ordinance Disposal (EOD) personnel who Rendered Safe Procedures (RSP) shall join
the preliminary survey.
2.2. Determine the actual extent of the crime scene and install a police line. If a police line
has already been installed, make adjustment if necessary.
2.3. The Team Leader shall determine the appropriate search method and the necessary
resources required in the processing of the crime scene.
2.4. Establish a command post.

3. Physical Evidence Assessment

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3.1. Assessment commences upon arrival at the crime scene and becomes thorough
during crime scene search.
3.2. From the result of the preliminary survey/search, identify/recognize the type of
evidence according to priority and forensic relevancy.
4. The narrative description includes recording of the following:
4.1. Time and date of arrival of SOCO team
4.2. Persons present at the crime scene
4.3. Overall condition of the crime scene
4.3.1. Type of crime scene
4.3.2. Weather condition
4.3.3. Lighting condition (natural/artificial)
4.3.4. Temperature (natural/artificial)
4.3.5. Sound/noise/smell condition
4.3.6. Condition of appliances (on/off)
4.3 Description of the crime scene
4.3.7. Original position of the victim and evidence
4.3.8. Condition of entry and exit points
4.3.9. Other pertinent information
4.4. Time and date of completion of processing

5. Crime Scene Documentation

5.1. Photography/ Video Recording
5.2. Note taking
5.3. Sketching
6. Crime Scene Search
6.1. Start from accessible areas and then proceed to hardly accessible locations.
6.2. Identify evidence of fragile or transient in nature such as body fluids, latent prints,
volatile substances and the like.

7. Physical Evidence Recording and Collection

7.1. Indicate specific evidence locations on diagram sketch and photo log.
7.2. Tag and photograph evidence in place before collection.
7.3. Mark all recovered evidence right at the crime scene.
7.4. Use appropriate evidence container for each type of evidence.
7.5. Place identifying marks on evidence containers.
7.6. Seal all evidence containers at the crime scene.

8. Final Crime Scene Survey

8.1. Prior to the final crime scene survey, a vigorous search shall be conducted to search
for hidden evidence necessary.
8.2. Discuss survey jointly with Investigator-on- Case for completeness.
Review documentation to detect unintentional error/s.
8,3.Account all collected evidence before leaving the crime scene.
8.4.Conduct inventory of equipment before leaving crime scene.

9. Post Crime Scene Processing

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9.1. The Team Leader must inform the Investigator-on-Case as to the specific types of
evidence collected and their significance to the case.
9.2. Inform the investigator-on-case as to the disposition of the collected pieces of
evidence.

9.3. Discuss with the investigator-on-case as to the conduct of future case conference/s.
9.4. Furnish the investigator-on-case a copy of the inventory list of collected evidence.
9.5. Relinquishment of the crime scene is accomplished only after completion of the final
survey and documentation. Check the crime scene and discard used gloves, masks,
packaging tapes in a transparent trash bag or in an appropriate container. Do not
leave trash at the crime scene. In case of temporary cessation of crime scene
processing, the scene must be sealed by the SOCO team and secured by the
concerned territorial police Unit. Upon resumption of processing, the concerned SOCO
team who sealed the scene or the duly authorized relieving SOCO team shall be the
one to re-open the same.
9.6. Establish and maintain communication with the investigator-on-case by providing
each party (SOCO – IOC) available contact numbers before departure from the crime
scene.
9.7. Conduct debriefing.
9.8. The release of the crime scene to the owner of property or to any local person in
authority shall be the sole responsibility of the IOC.

10. Case Conference

10.1. A case conference may be conducted as necessary.
10.2. A forensic correlation may be conducted by the SOCO Team to review and evaluate
both information and gathered physical evidence in order to generate conclusion and
eventually solve the case.

CHAPTER V
CRIME SCENE DOCUMENTATION PROCEDURE
Introduction

Crime scene is a place where the crime occurred. It has a significant value on the criminal
investigator because of the evidence that may link on the perpetrator. It is not permanent in
terms of appearance, position and existence perhaps anytime they might be change, rearrange or
diminished due to weather condition and by standers etc. So that is why the law enforcement
officer must conduct the proper documentation of the crime scene through note taking,
photography and sketch. This chapter covered the Philippine National Police crime scene
documentation procedure on note taking, photography and sketch with practical exercises.
 33

Note Taking

1. Filling-out of PNP Crime Scene Investigation (PNP CSI) form, as follows:

1.1. Request for conduct of SOCO assistance by the Investigator-on-Case.
1.2. SOCO Report Form 1 (After SOCO Report).
1.3. Evidence Log.
1.4. Photographic Log.
1.5. Sketch Details and Measurements.
1.6. Inventory of evidence collected.
1.7. Persons who entered the crime scene.
1.8. Significant persons present at the vicinity of the crime scene.
2. Make a record of the assessment of the crime scene observations and unusual situation noted
during the processing for future reference.
Photograph

1. Start taking photographs of the crime scene as soon as possible with case identifier for the
nationwide designation of Case Identifier.
2. Observe the progression of general, medium and close-up views of the scene.
3. Take photographs of the evidence in situ first without case identifier, evidence number and
scale, then with case identifier, evidence number, and scale (if necessary) prior to collection.
4. Take photographs from the eye level, when feasible, to present scene as would be observed by
normal view.
5. Apply overlapping photographs.
6. Record every photograph taken.

Three Types of Range Photograph

1. General View or Long-Range

General view or long-range photographs of the overall scene fundamentally are taken to
portray the areas as if a person viewing the scene is seeing it from the standing position. To
obtain this result, the photographer takes the photograph with the camera at eye level. The
purpose of general view is to focus and establish the location of the crime scene to fixed point
of referenced serving as its permanent citation. Fixed point of referenced means those
unmovable objects in the crime scene like tree, building, electric post etc.
 34

Figure 1

2. Medium View or Mid-Range

Medium view or mid-range photographs are taken in a manner which portrays the scene from
approximately ten (10) to twenty (20) feet of distance from the subject matter. In order that the viewer
be permitted to associate the crime scene with separate areas of the scene photographed, these areas
should contain sufficient detail to permit the viewer this association. This is designed in order to
concentrate on the features of the offense, which includes the full body shot of the victim or the groups
of evidences

Figure 2
 35

3. Close-up View/ Range

Close-up view or close-up range photographs are normally taken approximately five (5) feet or less from
the subject matter. The attention of close-up photography is directed to objects which could not
effectively be seen in the general view or medium view photographs. This angle center on the result of
the crime thru taking the half body shot of the victim having wound or damage.

Figure 3
 36

Sketch
Sketches are excellent companions to photograph. Where photographs provide exact
details, accurate information about the placement of objects and they show relationship and
distances between things.
1. Use the type of sketch applicable in every crime scene.
2. The IOC must sign as witness in the rough sketch of the sketcher at the crime scene.
3. A disclaimer NOT DRAWN TO SCALE should be indicated /written on the sketch if no scale
ruler/devise was used.
Note: The sketcher must always have a directional compass.

Figure 4 - Floor Plan/ Over View

 37

Figure 5 - Ground Sketch

Figure 6 - Neighborhood Sketch

 38

Figure 7 - Exploded View/ Cross Projection

Figure 8 - Triangulation Method

CHAPTER VI
 39

CRIME SCENE SEARCH PROCEDURE

Introduction

According to Dr. Edmond Locard in his “Exchange Principle”, he said when the two things
come in contact together there will be an exchange result. When the person comes in contact to
another person or anything in the crime scene it may leave traces for his possible identification. All
the investigator has to do is to locate and find it. Searching of evidence in the crime scene is a
difficult job ever but on the hand of skilled and competent criminal investigator this would make it
possible. This chapter covered the crime scene search procedure, stages of search, and the
different method of search depending on the type of crime scene, sketching of the crime scene
and crime reconstruction with practical exercises of the students.

Crime Scene Search – A systematic method employed by the SOCO Team and the Investigator-on-
Case (IOC) in searching the crime scene and surrounding areas where the alleged crime/incident/
event has taken place for the purpose of finding and collecting evidence.

Stages of Search

Stage 1. Preliminary Search – This stage of search is a cautious walk through of the crime scene jointly
conducted by the SOCO Team Leader and the Investigator-on-Case

1. purposely to assess the extent of the crime scene, to determine the possible search pattern to
be applied, and identify the type of evidence to be encountered.

2. Stage 2. Detailed Crime Scene Search – The searchers start from the visible ad easily
accessible areas and eventually proceed to more difficult and hardly accessible areas.

3. Stage 3. Vigorous Search – This is the most intrusive of all searches where the searchers
proceed to the concealed physical evidence and most difficult or hardly accessible areas, i.e.
ceilings, drawers, lockers, under carpets. This aspect of search will start after the pieces of
physical evidence initially found during the detailed search have been properly documented
(photographed, recorded and sketched) and collected.

4. Stage 4. Final Search – This stage of search which is jointly conducted by the SOCO Team
Leader and the Investigator-on-Case, is a critical review of the preceding search levels, the
purpose of which is to check completeness of search, and to ensure that all.
 40

Note: After the final search, all equipment and consumables must be accounted for before leaving
the crime scene.

Search Method

The application of a search method will depend on the crime scene to be processed. As such,
the following are the search methods:

1. Zone search method

This method is recommended in unusually wide areas where a searcher or groups of
searchers are assigned to each zone or sub-zone.

Figure 9

2. Strip search method

 41

Strip search can be performed by either one searcher or a group of searchers. The scene
is divided into imaginary parallel strips or lane of about one meter wide. The searcher moves
slowly along the imaginary strips from one side to the opposite side. However, if there are two
or more searchers, they should move slowly along back and forth parallel to the strips

Figure 10

3. Line/ Wall Search Method

The wall search method is an elaborate modification of the strip search procedure. This
procedure tends to be publicity-oriented, since a large number of officers are visible to the
public, line up in a “game beating” situation. The procedure can be effective, particularly in large
areas, but it is also hazardous (in terms of evidence destruction), since it requires continual
verbal communication among the officers in order to update potential evidence lists, thereby
recognizing and protecting the physical evidence.

Figure 11

4. Spiral Search Method

 42

In this method, the searchers follow each other along the path of a spiral either inward
or outward depending on the type of crime and the physical nature of the crime scene.

Figure 12

1. Pie/ Wheel Search Method

The pie or wheel search is based on the establishment of a circle surrounding the crime
scene. The circle is then divided into six quadrants in a pie like fashion.

Figure 13

2. Double Strip Search Method

 43

The double strip is a modified strip search method where the rectangle is traversed first
parallel to the base then parallel the side

Figure 14

Sketching the Crime Scene

Sketch

– This sketch with a scale of proportion and drawn by a draftsman. The rough sketch – It is the
graphic representation of the crime scene. With complete measurements of the relative distances
of relevant objects and conditions obtaining therein.

General Kinds of Sketch

1. Rough Sketch – It is made by the investigator at the crime scene which is full of important
details. This is used as the basis for the finished sketch.

2. Finished Sketch
3. Crime Reconstruction and the finished sketch are for courtroom presentation.
– It is the assessment made by the investigator after the crime scene investigation, of how the
crime is committed.

Kinds of Crime Reconstruction

1. Physical Reconstruction – Reconstructing the crime is based on the physical appearance of the
crime scene mainly focused on the pieces of physical evidence. And the accounts of witnesses
and suspects.

2. Mental Reconstruction – Based on the physical reconstruction, some conclusions could be

formulated taking into account all available pieces of evidence.
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CHAPTER VII
SPECIAL CRIME INVESTIGATION

Special Crime Investigation – Deals with the study of major crimes based on the application of
special investigative techniques. It is the study that concentrates more on physical evidence; its
collection, handling, identification and preservation in coordination with the various criminalists in
the crime laboratory. Special crime investigation involves close relationship between the
investigator in the field and the investigator in the laboratory- the Criminalist

Cases Subject of Special Crime Investigation

1. Homicide (Generic term which includes murder, parricide, infanticide or death where the
suicide is suspicious.)
2. Murder
3. Parricide
4. Infanticide
5. Physical injuries
6. Sex Crimes
7. Rape
8. RA No.9262-Anti Violence against Women and their Children Act of 2004
9. Abortion
10. Death or Physical injuries inflicted under exceptional circumstance’s
11. Affidavit- Affidavit of Arrest, Complaint Affidavit and Affidavit of Witnesses
12. Report writing – Spot report, Progress report, final report and Investigation report

Homicide Investigation

Three bridges in homicide investigation which shall not be crossed:

1. The first bridge is the body has been moved.

2. The second bridge is when the cadaver has been embalmed.
3. The third bridge is when the dead person is burned or cremated

Terms Connected with Homicide

1. Homicide – The killing of a human being by another human being.

2. Sororicide – The killing of one’s sister.
3. Fratricide – The killing of one’s brother.
4. Matricide – The killing of a mother by her own child.
5. Patricide – The killing of a father by his own child.
6. Parricide – The Killing of a person to whom he is related such as parent, grandparent, legal
wife, child or grandchild.
7. Infanticide – The killing of a child which is less than three days old.
8. Suicide – Taking one’s own life intentionally and voluntarily.
 45

9. Uxoricide – Act of one who murders his wife.

10. Regicide – The murder of killing of a king.
11. Vaticide – The murder of a prophet.
12. Aborticide – The killing of the fetus inside the womb which is also called abortion.
13. Euthanasia – Mercy killing or painless death of a person suffering from incurable disease to
cut short his suffering. This is murder with the qualifying aggravating circumstance of
treachery.

Art 249- HOMICIDE

Unlawful killing of a person without qualifying circumstances.Elements of HOMICIDE
1. The offender killed the victim.
2. That the accused killed him without qualifying circumstances.
3. That the killing was not attended by any qualifying circumstances of Murder or by
that of Parricide or infanticide.
Note: Intent to kill is presumed in HOMICIDE.

Example – HOMICIDE
After X confronted Y about the latters refused to pay his debt to the former, and when Y shouted
at X, after which an altercation between ensued them, thus resulting to their shooting each other,
wherein Y died, X is only liable for HOMICIDE there being no treachery that attended the
commission of the crime.
Art 248-MURDER – is unlawful killing of a person with qualifying circumstances.
Elements of MURDER
1.That a person is killed
2.That the accused killed him
3.That the killing was attended by any qualifying circumstances.

QUALIFYING CIRCUMTANCES MAKE THE KILLING FOR MURDER

1.Treachery,taking advantage of superior strength, with the aid of armed men.
2. In consideration of price, reward or promise.
3. By means of trickle, fire, poison, explosion.
4. On occasion of any of the calamities of an earthquake, eruption of volcano.
5. With evident premeditation.
6.With cruelty, by deliberately and inhumanly augmenting the suffering of the victim.Example
 46

Example 1- MURDER
B, the live in partner of G, shot the latter with his service firearm hitting her on the head causing
her instantaneous death. Considering that B took advantage of his sex and weapon, he is liable
for MURDER with taking advantage of superior strength as the qualifying circumstance.

However, if B shot G, when the former lost his control because the nagging of the latter, and
therefore was provoked, thereby losing his reason for self control, the crime committed is only
HOMICIDE because B could not have taken advantage of his superior strength.

If B and G are legally married, the aggravating circumstance of taking advantage of superior
strength cannot qualify the crime to MURDER because it is already absorbed in the crime of
PARRICIDE.

Art.246-PARRICIDE
PARRICIDE-Any person, who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendant, or his descendants, or his spouse shall be guilty of Parricide
and shall be punished by the penalty of reclusion Perpetua (20 yrs and 1 day to 40 yrs).
Example;
H and W, for good number of years, have been living as husband and wife and their relationship
was blessed with several children. One day, during one of their rare violent quarrels, W got the
service pistol of H and shot to death the latter. W was charge with Parricide in the information
filed against her, where it was alleged that they were legally married before the Church, during
the trial, the prosecution evidence, not objected to by the defense, proved that they were indeed,
legally married. Thus W was convicted of parricide and sentenced to reclusion perpetua(20 yrs
and 1 day to 40 yrs)

Art.255-INFANTICIDE
Infanticide-any person, who shall kill any child less than three(3) days or 72 hours of age and
shall be committed by the mother of the child for purpose of concealing her dishonor, shall suffer
the penalty of reclusion Perpetua(20 yrs and 1day to 40 yrs).
Art.263-SERIOUS PHYSICAL INJURIES
Any person,who shall wound,beat,or assault another,shall be guilty of the crime of serious
physical injuries,inflicted shall have caused the illness or incapacity for labor of the injured
person for more than thirty (30) days.

Art. 265-Less Serious Physical injuries

Less Serious Physical injuries-Any person,who shall inflict upon another Physical
injuries,which shall incapacitate the offended party for labor for Ten(10) days to Thirty(30) days
or shall require medical attendance for the same period, shal be guilty of Less Serious Physical
Injuries' and shall suffer the penalty of aresto Mayor(one(1) month and 1day to six(6) months)
 47

Art.266-Slight Physical Injuries

Slight Physical injuries-when the offender has inflicted physical injuries, which shall
incapacitate the offended party for labor from one(1) to nine(9) days, or shall require medical
attendance during the same period shall suffer penalty of arresto menor(1 day to 30 days

Sex Crimes

Concept of Sex Crime

It is triggered by emotion. A person who commits sex crimes has lost control of his
emotions. It is not something you can set out and analyze. It is a compulsion coming deep within
the offender.

Gratification of the sex urge is often done in strange and morbid methods. It involves an
addiction. Sex is a normal human need, hence, this must be considered in the investigation of the
sex crimes.

Most of the sex offenders have their peculiar way to commit this crime.

Categories of Peculiar Ways of Sex Offenders

1. Fetishism – Refers to a person who satisfies sex urge through wearing of an object (e.g.
underwear of a woman) compulsively used in attaining sexual gratification.
2. Symbolism – The representation of things by the use of symbols especially in the art or
literature such as systems of symbols and symbolic meanings and a group of symbolist as in
art as literature.
3. Ritualism – Sex offenders of this category use the same approach or pretext all the time. This
will help in solving serial rapes by analyzing the peculiar rituals used.
4. Sex Fantasy or Dream World – The sex fantasy overcome the offender who puts his dreams to
reality to see if he will feel even better and its importance to him.
5. Sadism – Prior acts of cruelty before the sex encounter bring climatic sexual satisfaction.
6. Masochism – Sexual satisfaction is gained by being humiliated, hurt or beaten before the
sexual act.
7. Sado-Masochism – Inflicts injury and at the same time enjoys having injury inflected upon him
preceding the sexual act.
8. Voyeurism – A sexual gratification by looking at nude person. Peeping Toms are included in
this category.
9. Satyrism – An abnormal over sexual activity on the part of the men. The abnormal sexual
offender is called satyr, which was derived from the Greek Mythology of a half-man half-goat
animal who could impregnate fifty female goats a day.
10. Nymphomania – The compulsive and uncontrollable feeling of woman to over indulge in
sexual activity. The woman is called nymphomaniac.
11. Necromania or Necrophilia – Sexual gratification on a dead person or love towards a dead
person.
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12. Pedophilia – Sexual gratification where the victims are children. The person afflicted with this
sexual perversion is the pedophile.

Other Terms Connected with Sex Crimes

1. Sodomy – Sexual intercourse thru the anus or anal sex.

2. Oral Sex – Sexual perversion where gratification is thru the mouth.
3. Bestiality – Sex gratification is thru sexual intercourse with animals like pets such as dogs,
cats, etc
4. Impotency – The failure to have erection of the male organ.
5. Sterility – The failure to procreate or produce offspring. A man may not be impotent but
sterile and vice versa. A woman is never called impotent but may be sterile.
Virginity – It is the condition of a woman where the hymen of her vagina is still intact or
unruptured. It does not mean that when the hymen is intact, there is no case of rape. The mere
touching of the labia majora (major lips) of the pudendum (vagina) by the male organ is
considered as consummated rape because there is a slight penetration. Virginity is not an element
in the crime of rape because even the prostitute who is a veteran of many foreign wars could be a
complainant. Virginity is not only lost thru sexual intercourse but by bicycle riding or other
strenuous physical exertion on the part of the woman, or the insertion of an object while in the
act of masturbation.

Art. 266-A-RAPE;When and How committed-RAPE is committed

1)By a man, who shall have carnal knowledge of a woman under any of the following
circumstances;
a) Through force, threat, or intimidation
b) When the offended party is deprived of reason or otherwise unconscious
c)By means of fraudulent machination or grave abuse of authority and
d) When the offended party is under twelve(12) years of age or is demented, even though none of
the circumstances mentioned above present,
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another persons mouth or anal orifice,
or any instrument or object, into the genital or anal orifice of another person.(R.A No.
8353 ,October 22,1997)

Example 1-RAPE
After arriving from her work as a cashier in a grocery store, X went to sleep early at 9:00 o
clock in the evening and since she was very tired, at around midnight her brother in law, Y, went
inside her room and had carnal knowledge with her without knowing what was being done to
her. When their flower base dropped and created a loud sound, X woke up and she saw Y going
out from the door of her room closing the zipper of his pants. X noticed that she was already
naked from waist down and that there was a sticky substance in her private parts. Nobody saw Y
having carnal knowledge with X but nobody had entered her room that night except Y.
 49

Y is liable for RAPE under par.1(b) of art 266-A because while asleep X was either deprived of
reason or otherwise unconscious at that time(see people caballero,61 phil.900
(Example 2), In example 1, if X was awakened when she felt something hard was penetrating
her private organ and found Y on top of her and when X shouted “who are you” thus prompting
Y to stand up and fled, RAPE was committed(see pvc SCRA 681)

RAPE- Example 3
Still in example 1 and 2, Instead of inserting his penis on the private organ of X, he inserted his
finger and tongue therein,Y is liable for RAPE under par. 2 of Art. 266-A (people vs Silvano,309
SCRA 362

INTENTIONAL ABORTION
Intentional abortion-any person, who shall intentionally cause an abortion shall suffer;
The penalty of reclusion temporal (12 yrs and 1 day to 20 yrs), if he shall use any violence upon
the person of the pregnant woman.
The penalty of prision mayor(6 yrs and 1 day to 12 yrs), if, without using violence, he shall act
without the consent of the woman.
The penalty of prision correctional in its medium and maximum periods, if the woman shall have
consented.
The penalty of prision mayor(6 yrs and 1 day to 12 yrs), if, without using violence, he shall act
without the consent of the woman.
The penalty of prision correctional(6 months 1 day to 6 yrs) in its medium and maximum
periods, if the woman shall have consented
UNINTENTIONAL ABORTION
The penalty of prision correctional in its minimum and medium period shall imposed upon any
person who shall cuase an abortion by violence, but unintentionally.
Prision correctional – (6 months and 1 day to 6 years
Example, Unintentional abortion
X, a quack doctor, was called by F, a farmer, to treat his daughter D, 6 months on her way, who
has writhing in pain because of stomach ache, X gave D a kind of medicine that cause her
abortion. H, husband of D, filed a criminal case for abortion against X.
X is not liable for abortion, whether intentional or unintentiona

He is not liable for intentional abortion because he did not intent to cause abortion when he gave
D a certain kind of medicine; neither is he liable for unintentional abortion because he did not
employ violence that cause the abortion. X is liable only for illegal practice of medicine and
physical injuries
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Art.258-ABORTION BY THE WOMAN HERSELF OR BY HER PARENTS

The penalty of prision correctional in the medium or maximum periods shall be imposed upon a
woman who shall practice on abortion upon herself or shall consent that any other person should
do so.
ELEMENTS;
There is a pregnant woman, who suffers an abortion.
The abortion is intended.
The abortion is caused by a)Pregnant woman herself b) another person with her consent c) any
of her parents with her consent for the purpose or concealing her dishonor

Example; Abortion
Miss X, who was 6 months pregnant suffered abortion because she accidentally slipped in their
bathroom. To hide that X was pregnant, Her sister instructed their maid to bury the fetus at the
back of their house.
Neither the woman, nor her sister and maid are criminally liable for abortion because the age of
the fetus, it cannot have its own life independent of its mother and that upon expulsion from the
womb of the mother, it would succumb. They could not be liable for infanticide either because
although the fetus is less than three(3) day old, however, it could not be subsist outside the womb
of the mother, besides, the expulsion of the fetus was due to accident.

Art. 247-Death or Physical injuries inflicted under exceptional circumstances

ELEMENTS OF CRIME OF PASSION
1.That a legally married person, surprise his spouse, his daughter, under 18 years of age, single
and living with him in the act of committing sexual intercourse with another person.
2.That he or she kills or any both of them any serious physical injury in the act or immediately
thereafter
3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or
she has not consented to the infidelity of the other spouse
Example 1-Death or Physical Injuries inflicted under exceptional circumstances

H found his wife, W, and P, her paramour at the back of old school building, which has
been vacant. H saw his wife putting on her panty, while P was closing the zipper of his
pants, thereby indicating that they have just finished the sexual act. Then and there, H
pulled out his gun and shot W and P thus killing both instantly. H prosecuted for
PARRICIDE, H invoked the benefits due to him under Art 247.
 51

The court is right if he is convicted for the crime charged. H did not surprise them in the very act
of sexual intercourse that was already finished or the act preparatory to the sexual intercourse.

SPECIAL CRIME RELATED TO PROPERTY(ROBBERY)Art.294-Robbery with violence

against or intimidation of persons-The penalty of reclusion perpetual
to death when by reason or on occasion of the robbery, the crime of homicide shall have
committed or when the robbery shall have been accompanied by rape or intentional mutilation or
arson.
ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMADATION OF
PERSONS
1.Unlawful taking of personal property belonging to another.
2.That the taking must be with intent to gain and
3.That there is violence against or intimidation of any persons
NOTE: if ROBBERY is accompanied with killing ROBBERY WITH HOMICIDE is
committed;
If with rape, ROBBERY WITH RAPE and so on and so forth.
ROBBERY BY A BAND-It committed, when at least FOUR ARMED male factors take part in
the commission of ROBBERY
Example- ROBBERY
R, while pointing his gun at V, demanded from the latter the bundle of money from his pocket,
which he had newly withdrawn from a bank. Fearing for his life, V handed the money to R who,
immediately took it and while R was about to place it inside his pocket, P, a policeman, who was
all the time watching the two at a distance, arrested R.
The crime committed by R was consummated ROBBERY WITH INTIMIDATION AGAINST
THE PERSON OF V.
BRIGANDAGE - committed, when at least FOUR ARMED PERSON formed a Band of
robbers and the
Purpose is either
1.To commit Robbery in the Highway.
2.To Kidnap person for the purpose of extortion or to obtain ransom.
3.To attain by means of force and violence any other purpose.
PRESIDENTIAL DECREE NO.1612-ANTI FENCING LAW
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a)“FENCING” is the act of any person who, with intent to gain for himself or for another, shall
buy, receive, posses, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or 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 THEF.
b)The penalty of prision mayor, if the value of 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
c)The penalty of prision correctional in its medium and maximum, if the value of the property
robbed or stolen is more than 6000 pesos but not exceeding 12000 pesos
d) The penalty of pision correctional in its minimum and mediu,m period if the value of
property
e) The penalty of arresto mayor in its medium period to prision correctional in its minimum
period, if the value of the proiperty involved is more over 200 pesos but not exceeding 6000
pesos.
f) The penalty of arresto mayor in its medium period if such value is over (5)
pesos but not exceeding 50 pesos,
g) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos

RA NO.6539-Anti Car napping Law -Car napping defined it is unlawful taking, with intent to
gain, a motor vehicle belonging to another without the later consent or by means of violence
against or intimidation of person using force upon things.

Sec. 14. Penalty of Car napping any person,who is found guilty of Car napping as this term is
defined in section two this act, shall irrespective of the value of motor vehicle taken, be punished
by imprisonment for not less than fouerteen (14) years and eigth months and not more than
seventeen (17) years and four months,when the car napping is committed without violence or
intimidation of person or force upon things and by imprisonment for not lessthan seventeen(17)
and four months and not more than thiurty(30) years, when the Car napping is committed by
means of violence against or intimidation of any person and penalty of life imprisonment to
death when the owner or the accupant of the carnap vehicle is killed in the commission of
carnapping.

CLASSES OF PRINCIPAL PENALTIES AND THEIR DURATION

CAPITAL PUNISHMENT
1.Death – no duration (it has been abolished)
AFFLICTIVE PENALTIES
2.Reclusion Perpetua- 20 years and 1 day to 40 years
3.Reclusion Temporal – 12 years and 1 day to 20 years
4.Prision Mayor – 6 years and 1 day to 12 years
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CORRECTIONAL PENALTIES
5. Prision Correctional – 6 months and 1 day to 6 year
6. Arresto Mayor – 1 month and 1 day to 6 months
LIGHT PENALTIES
7.Arresto Menor – 1 day to 30 days

Trafficking in Persons

The law defines “Trafficking in Persons” as the recruitment, transportation, transfer or

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. The recruitment, transportation,
transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as
“trafficking in persons” even if it does not involve any of the means set forth in the preceding
paragraph”.

Why does trafficking happen?

A study done in 2001 by Coalition Against Trafficking in Women in Asia and the Pacific (CATW-AP)
revealed the following as the most common reasons for trafficking:

1. Poverty
2. Low educational attainment and the lack of information on the recruitment process.
3. Sexual abuse
4. Familiar pressure
5. The need to earn
6. Influenced by good tales and earning huge sums of money overseas.

How is trafficking accomplished?

Trafficking is accomplished through bride trade, illegal recruitment and/or sex tourism.
This is often a clandestine activity which makes it difficult for the authorities to find out the
perpetrators. Trafficking may happen in and out of the country.

Bride trade occurs when foreigners marry the victims that they find or get acquainted to
via regular mail, magazines and the internet.
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Illegal recruitment is the manner in which workers were illegally sent abroad to work.
Oftentimes, they end up being prostituted.

Sex tourism happens when foreign tourists are encouraged to visit a country so that they
may enjoy the sexual services offered by sex workers.

What are the penalties imposed upon violators?

Any person found guilty of qualified trafficking shall be meted out with life imprisonment
and a fine of up to P5 million if: victim is a child; victim died or incurred Human Immunodeficiency
Syndrome (HIV-AIDS) the offender was related to the victim or any of the law enforcement units
of the government. The law also penalizes any person who patronizes, use, buy, or engage the
services of the trafficked person with six (6) months of community service and a fine of P50,000
for the first offense and a fine of P100,000 on the second and succeeding offenses.

Who may file a complaint?

The trafficked person or the offended party spouse, parents or legal guardians, siblings,
children; any person who has personal knowledge of the offense Complainants might seek the
assistance of the Inter Agency Council against Trafficking (IACAT) in the filing of the complaint.
The IACAT is chaired by the DOJ Secretary and co-chaired by the DSWD Secretary. The Council also
includes DFA, DOLE, POEA, Bureau of Immigration, PNP, NCRFW and sectoral representatives of
women, overseas workers and children.

Trafficked persons are considered victims of the act or acts of trafficking; hence they shall
not be penalized for crimes related to acts of trafficking.

What services are available for trafficked persons?

To ensure their recovery, rehabilitation and reintegration to mainstream society,

trafficked persons should be provided with the following:

1. Emergency shelter or appropriate housing

2. Counseling and referral services
3. Free legal services
4. Medical and psychological services
5. Livelihood and skills training; and
6. Educational assistance (if the victim is a trafficked child)
What to do to avoid trafficking?

Ensure that the recruiter is legally registered at the Philippine Overseas Employment
Agency (POEA).

Make sure that all documents necessary for working abroad are legal. These documents
include the passport, visa, overseas contract and the salary.

Secure relevant information from non-government organizations (NGOs) about the

country of destination.
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Inform one’s relatives, friends and NGOs about the country of destination and the recruiter’s
contact details like address and telephone numbers to monitor one’s situation abroad.

Prepared By:

PLT GENEROSO A ALGARNE JR II( Ret) MS Crim.

Course Facilitator
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