Circumstances. Any Legally Married Person Who, Having Surprised His Spouse
Circumstances. Any Legally Married Person Who, Having Surprised His Spouse
Circumstances. Any Legally Married Person Who, Having Surprised His Spouse
Special Crime Investigation deals with the study of major crimes Elements of Parricide:
based on the application of special investigative technique.
1. A person is killed;
The study concentrates more on physical evidence, its collection,
2. Accused killed the deceased;
handling, identification and preservation in coordination with the crime
laboratory. Special Crime Investigation involves a close relationship between 3. The deceased is the legitimate or illegitimate father, mother or child, or
the prober in the field and the crime laboratory technician. They work other legitimate ascendant or other legitimate descendant (in a direct line) or
together as a team, reacting to and extending one another’s theories and legitimate spouse of the accused.
findings both working patiently and thoroughly to solve a crime from their
investigative discoveries. Art. 247. Death or physical Injuries inflicted under exceptional
circumstances. Any legally married person who, having surprised his spouse
HOMICIDE INVESTIGATION in the act of committing sexual intercourse with another person, shall kill any
of them or both of them in the act or immediately thereafter, shall inflict upon
Homicide Investigation is the official inquiry made by the police
them any serious physical injury shall suffer the penalty of destierro.
on the facts and circumstances surrounding the death of a person which is
expected to be unlawful. If he shall inflict upon them physical injuries of any other kind he
shall be exempted from punishment.
Primary Job of the Investigator
These rules shall be applicable, under the same circumstance, to
1. To discover whether an offense has been committed under the law.
parents, with respect to their daughters under 18 years of age, and their
2. To discover how it was committed seducer, while the daughters are living with their parents.
3. Who committed it and by whom it was committed Any person who shall promote or facilitate the prostitution of his wife
or daughter, or shall otherwise have consented to the infidelity of the other
4. When it was committed spouse shall not be entitled to the benefits of this article.
And under certain circumstances why it was committed The one who killed the spouse must be legally married to the latter
so that article 247 may apply.
Responsibilities of a Homicide Investigator
In People vs. Abarca, the husband killed the paramour of his wife only
1. When called upon to investigate violent death, he stands after an hour had lapsed from surprising the two having sex. Article 247 was
on the dead man’s shoes to produce his instincts against applied.
those suspects.
Article 247 is also known as extraordinary mitigating
2. The enthusiasm and intelligence the investigator brings circumstance. It however does not exempt the culprit from civil liability
in the case marks the difference between a murderer
being convicted and set free. Destierro here is inflicted not really as a penalty but more on for
the protection of the accused.
3. If he interprets a criminal death accidental or natural, a
guilty person is set free. Destierro prohibits a person from entering a designated place
normally within a radius of not more than 250 and not less than 25 kilometers
4. Remember that the police is the first line of defense in therein.
the effective application of criminal justice.
Art. 248. Murder (assasinato) - Any person, who, not falling
Basic Guide for the Investigator to look upon is to establish the following: within the provisions of Article 246, shall kill another, shall be guilty of
murder and shall be punished by reclusion perpetua to death if committed
1. Corpus delicti or facts that crime was committed
with any of the following attendant circumstances.
2. Method of operation of the suspect
Qualifying Circumstances to Murder
3. Identity of the guilty party
1. With treachery
THE THREE BRIDGES IN HOMICIDE INVESTIGATION WHICH 2. Taking advantage of superior strength
SHALL NOT BE CROSSED 3. With the aid of armed men
4. Employing means to weaken defense
A. The first bridge is that the dead body has been moved. 5. Employing means or persons to insure or afford
impunity
B. The second bridge is when the cadaver has been embalmed. 6. In consideration of price reward or promise
7. By means of inundation
C. The third bridge is when the dead person is buried or cremated. 8. By means of fire
9. By means of poison
Bridge 1- the first bridge is burned when the dead body is moved. Before it is 10. By means of explosion
done, it is imperative that photographs be taken, measurement made, 11. By means of shipwreck
fingerprints searched for and a host of other tasks carried out, because, when 12. By means of stranding of a vessel
the body is once moved, it can never be put back again and the investigation 13. By means of derailment or assault upon a railroad
repeated exactly. 14. By means of fall of an airship
15. By means of motor vehicle
Bridge 2- the next bridge is burned when the body is embalmed. Embalming 16. By the use of other means involving great waste and ruin
effectively destroy traces of alcohol and several other poisons. It also makes 17. On the occasion of any of the calamities enumerated in letters g-p.
the determination of other substances much more difficult. Consequently if 18. On the occasion of an earthquake
there is slightest reason to suspect poisoning, the organ should be removed 19. On the occasion of eruption of volcano
20. On the occasion of destructive cyclone
before embalming.
21. On the occasion of epidemic
Bridge 3- the investigating officer has burned his last bridge when the body 22. On the occasion of any other public calamity
23. With evident premeditation
has been buried or cremated. It is difficult and expensive to disinter a body.
24. With cruelty (by deliberately and inhumanly augmenting the suffering of
The lapse of time increases the difficulties of a scientific examination and
the victim)
diminishes the likelihood of successful conclusion as to the cause of 25. By outraging or scoffing at the person or corpse of a person.
instrument of death. Cremation, of course, destroy any possibility of further Elements of murder:
scientific work on the body.
1. A person was killed;
TITLE 8- CRIMES AGAINST PERSONS
2. The accused killed the deceased;
Art. 246. Parricide. – Any person who shall kill his father, mother
or child, whether legitimate or illegitimate, or any of his ascendants, or
4. The killing is not parricide, infanticide or homicide. 1. using violence upon the person of the pregnant woman; or
* Treachery must be alleged in the information so that it will qualify the 2. acting without the consent of the woman but without using violence;
killing to murder.
3. acting with the consent of the woman
* If treachery is not alleged in the information which charges murder, but in
the trial treachery was proven, the accused cannot be convicted of murder. Elements of intentional abortion:
Homicide only would be the crime
1. Violence is exerted, or any drugs or beverages be administered or the
* The act of Euthanasia or mercy Killing is considered as murder. It is the accused acts upon a pregnant woman;
practice of putting to death a person who is suffering from some incurable
2. As a result thereof, the fetus dies, in the womb or after having been
disease. It may also be defined as the acceleration of the death of a person expelled therefrom;
who suffers from some incurable disease.
3. The act is intended.
Art. 249. Homicide- is a crime committed by any person who shall kill
another without the attendance of any of the circumstances mentioned in *Abortion has been defined as the willful killing of the fetus or violent
article 248. expulsion of the same from the maternal womb.
Homicide, defined- the unlawful killing of another but which is not Art. 257. Unintentional abortion- committed by any person who shall cause
parricide, murder or infanticide. an abortion by violence, but unintentionally
2. The offender has no intent to kill that person 4. ill or incapacitated for labor for more than 30 days.
Art. 255. Infanticide- is the killing of a child less than three (3) days old. Q: Distinguish mutilation from physical injury.
Elements of infanticide: A: The mutilation must have been made deliberately to clip off some part of
the body to deprive the other person of such part of the body. This special
1. A child less than 3 days old (72 hours old or less) is killed; intention is not present in physical injuries.
2. The accused killed said child. Art. 264. Administering injurious substances or beverages (Pagpapainom
ng mga nakapipinsalang mga sustansiya o inumin)- committed by any person
Q: A father sired a child out of his kerida. This child who was less than three who without intent to kill, shall inflict upon another any serious physical
days old was killed by his own father. The purpose of the father in killing the injury, by knowingly administering to him any injurious substances or
child was to conceal its existence from his legitimate wife. What crime was beverages or by taking advantage of his weakness of mind or credulity.
committed by the father?
Art. 266. Slight Physical Injuries- committed by any person who shall -If there are no identifying papers on the victim’s person, fingerprint should
inflict physical injury upon another which shall incapacitate another for labor be used as means of identification.
from 1-9 days or shall require medical attendance for the same period or any
-If fingerprint identification is unsuccessful, the investigator must rely on
injury which does not prevent the offended party from engaging in his
other methods to establish identity.
habitual work nor require medical attendance, or shall ill treat another by
deed without causing any injury (maltreatment). -Dental structures are highly resistant to destruction, and are frequently useful
when the other portions of the body are totally decomposed. (Forensic
RAPE RA 8353
Odontology).
Rape is committed:
-The skeletal remains of the victim may also help to determine identity, as
1. by a man who shall have carnal knowledge of a woman under any of the well as yield other types of information.
following circumstances:
-If bone fractures are noted, they may be used to identify the deceased,
a. through force or intimidation; but if only corresponding medical records can be located
b. woman is deprived of reason or unconscious; -The widths of the pelvic bones are excellent indicators of the victim’s sex;
Determination of the victims age maybe more difficult, in that the victims
c. fraudulent machination or grave abuse of authority; past the age of eighteen years have generally achieved their maximum
skeletal growth. However, general age determination can be established via
d. offended party is under 12 or is demented dental structure.
2. By any person who, under any of the circumstances mentioned in par. 1 Determination of time of death.
shall commit an act of sexual assault by inserting his penis into another
person’s mouth or anal orifice, or any instrument or object, into the genital or -A determination of the time of death should be attempted in all homicide
anal orifice of another person. investigations. This fact is significant because of its investigative
importance in corroborating or disputing alibis, or in establishing the victim’s
Q: What consummates the crime of rape? movements prior to death.
A: The slightest penetration of the labia consummates the crime of rape. The -Determining death is not an exact science.
absence of sperm is not important. It is enough that the labia of the female
organ was penetrated. MEDICO-LEGAL ASPECTS OF DEATH
Q: What is statutory rape? Life – is the sum total of all vital processes by which the physical integrity of
the body is maintained.
A: The rape of a woman under 12 years of age.
Death- is the state of complete persistent cessation of the vital function of the
Q: What is the “rape shield” concept in the crime of rape? body such as the function of the heart, the lings and the brain.
A: It means, in a prosecution for rape, evidence of complainants past sexual Importance of Death Determination
conduct, opinions, and his or her reputation shall not be admitted, unless the
court finds it material. 1. The civil personality of a natural person is extinguished by death. The civil
personality is extinguished by death. The effect of death upon the rights and
Effect of pardon -the subsequent valid marriage between the parties shall obligations of the deceased is determined by law, by contract and by will.
extinguish the criminal action or the penalty imposed. The forgiveness by the
wife shall extinguish the criminal action or the penalty. But the pardon will 2. The property of a person is transmitted to his heirs at the time of death.
not benefit the accomplices and the accessories. But in crimes against chastity
pardon benefits even the accomplices and the accessories. 3. The death of a partner is one of the causes of dissolution of partnership
agreement.
HOMICIDE INVESTIGATION PROCEDURES
4. The death of either the principal or agent is a mode of extinguishments of
- Criminal Investigation of homicide is a discovery process. The agency
investigator seeks to discover and documents such facts as type of death,
identity of the deceased, cause of death and motivation and identity of the 5. The criminal liability of a person is extinguished by death.
perpetrator. In order to resolve these fundamental questions, the
6. The civil case for claims which does not survive is dismissed upon death of
investigation will focus on the cadaver, crime scene and post mortem
the defendant.
examination.
Kinds of Death
- The cadaver is often of prime importance as an investigative
factor. The victim’s body can reveal much through examination of wounds 1. Clinical Death or Somatic Death
and other types of tracing clues that may be present.
Is a type of death usually declare by members of the immediate family of the
Establishing Death. diseased or by the physician.
-The first essential step of the homicide investigation is to 2. Molecular or Cellular Death
establish that the victim is, indeed, dead.
Is the type of death characterized by death of individual cells ( one at a time
-Police officers do not have the legal authority to pronounce death, ) after the somatic death.
only physicians/ medical doctor can establish the fact of death.
The nerve cells and brain cells die earlier at about 5 minutes due to loss of
-For this reason, the police officer should never assume death food and oxygen while the muscles live longer until the onset of the rigor
unless the condition of the victim’s body demonstrates death in a totally mortis which about two to three hours after death.
obvious manner.
3. Apparent Death/ State of Suspended Animation
Identifying the Cadaver.
Cessation of respiration in order to be considered as a sign of death c. There is burn, tattoing and smudging
must be continuous and persistent. A person can hold his breath for a period
d. Muzzle imprint
of not longer than 3 – ½ minutes. In case of electrical shock, respiration
may cease for sometime but maybe restored by continuous artificial e. Bullet may cause radiating fracture
respiration.
f. Blood and tissue become pink due to carbon monoxide
2. Cessation of Heart and Circulation
g. Fragments of lead may be found
As a general rule, if there is no heart action for a period of five
minutes death is regarded as certain. 2. Short Range Fire (1 to 15cm Distance)
After death the metabolic process inside the body ceases. No more 2. If within the flame reach (6 inches in rifle and high powered gun and less
heat is produced but the body loses slowly its temperature by evaporation or than 3 inches from ordinary hnadgun), there is area of burning)
by conduction to the surrounding atmosphere. The progressive fall of the
body temperature is one of the most prominent signs of death. The body cools 3. Smudging due to smoke
following death at approximately 1.5 degrees F per hour, under normal
4. Powder tattooing is present but dense and limited dimension of spread)
conditions and assuming the body’s temperature at death is 98.6 degrees F
(37 degrees C). 5. Abrasion ring or collar is Present (Contact Ring)
4. Insensibility of the body and loss of power to move. 3. Medium Range (more than 15cm but less than 60cm
No kind of stimulus is capable to letting the body have voluntary 1. Entrance is inverted with abrasion
movement.
2. Burning effect is absent
5. Changes in the Eyes
3. Smudging may be present if less than 30cm
a. Loss of Corneal and light reflexes
4. Gunpowder tattooing is present but lesser density and wide spread
b. Haziness of the cornea
5. Contact ring is present
6. Changes in skin
4. Fired more than 60cm
Change of color
1. Gunshot wound is circular or oval
Loss of the elasticity of the skin
2. Wound of entrance has no burning, smudging or tattooing
Opacity of the skin
3. Contact ring is present
Absence of reaction to injury
Exit Wound
PHYSICAL INJURY
its edges are everted and portions of the inner tissues are
Injury – is the scientific impairment of the body structure or function caused protruding and its shape may be slit-like, stellate, irregular or even similar to
by outside force or agent. the wound of entrance.
Physical Injury – is an injury of the body caused by physical agents which is ODD AND EVEN RULE IN GUNSHOT WOUND
the application of stimulus to the body producing damage or injury to the
tissue. if the number of gunshots wounds of entrance and exit found in the
body of the victim is even, the presumption is that no bullet is lodged in the
Common External Injuries Sustained by the Victim from Homicidal body, but if the number of the gunshot wounds of entrance and exit is odd,
Attack the presumption is that one or more bullets might have been lodged in the
body.
Contusion – an injury in the substance of the skin, discoloration of the surface
due to extravasation of blood. This is due to the application of a blunt FACTORS THAT AFFECT ENTRANCE WOUND
instrument.
a. Distance of the discharge of firearm
Hematoma – this is the extravasation of blood in the newly formed cavity.
b. The nature or type of the firearm
Abrasion – an open wound characterized by the removal of the epithelial
layer of the skin brought about by the friction against hard, rough object. c. The nature and amount of the gunpowder
Incised wound – produced by forcible contact on the body by sharp edge d. The affected part of the body
instrument.
THE EVIDENCE OF SUICIDAL GUNSHOT WOUND
Stab wound – produced by the forcible application and penetration of a sharp
instrument. A. A near-contact fire, evidenced by burning or tattooing around the wound.
Punctured wound – penetration of a sharp pointed weapon B. Presence of one gunshot wound
Lacerated wound – tearing of the skin due to forcible contact of a blunt C. Body part involved is accessible to the dexterous hand.
instrument.
D. Presence of suicide note
BULLET WOUND - caused by bullets, which are discharge from a firearm.
E. Wounding firearm is tightly held (cadaveric spasm)
The two types of bullet wound are:
EVIDENCE OF ACCIDENTAL SHOOTING
a. Entrance wound
A. usually one shot
b. Exit wound
B. No special area of the body is involved
Conditions Simulating Rigor Mortis ONSET AND STAGE OF DECOMPOSITION. Decomposition is the
action of bacteria on the dead body. The onset of decomposition is 1 to 2
a. Heat Stiffening days after death and then finally the dead body becomes skeletal remains in
months considering the factors that influence the rate of putrefaction.
body is exposed to temperature above 77
degree Celsius LIFE CYCLE OF FLIES. The eggs of ova laid by the flies on the dead
body will hatch to form maggots within 24 hours. The maggots will feed
Pugilistic attitude
vigorously on the damaged dead body, then transform into pupal stage and
More or less permanent finally into adult flies within a few days.
due to solidification of fat when the body is CONCEPTS ABOUT SEX CRIMES
exposed to freezing temperature.
A. It is triggered by emotions. A person who commits a sex crime has lost
c. Cadaveric Spasm or Instantaneous rigor = ridigity of the muscles control of his emotions. It is a not something you can set out and analyze. It
which occurs at the moment of death due to nervous tension, exhaustion hiya compulsion coming within offender.
and injury to the nervous system
B. Gratification of the sex urge is often done in strange and morbid methods.
Rigor Mortis It involves an addiction. Sex is a normal human need, hence, this must be
considered in the investigation of the sex crime.
3. Secondary Flaccidity or secondary relaxation
VIRGINITY - It is the condition of a woman where the hymen of her vagina
due to the dissolution of the muscles protein 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)
onset of putrefaction of the pudendum (vagina) by the male organ is considered as
consummated rape because there is a slight penetration. Virginity is not an
the body become limp again and the muscles
element in the crime of rape because even the prostitute who is veteran of
are no longer capable of responding to
many foreign warp could be a complainant.
mechanical or electrical stimulus.
Virginity is not only lost thru sexual intercourse but by bicycle
Noted about 48 hours after death
riding or other strenuous physical exertion on the part of the woman, or the
CHANGES IN THE BLOOD insertion of an object while in the act of masturbation.
The stasis of the blood due to the cessation of circulation enhances 1. Panty or other clothing of the victim
the coagulation of blood inside the blood vessel. Blood clothing is accelerated
2. Physical examination of the victim to determine signs of force such as
in cases of death by infectious fevers and delayed in cases of asphyxia,
injuries or the presence of seminal fluids inside her organ.
poisoning by opium, hydraocyanic acid or carbon monoxide poisoning.
3. Detached pubic hairs of the victim and suspect.
Blood may remain fluid inside the blood vessel after death for
6 to 8 hours 4. Physical examination of the suspect and the examination news clothing.
b. POST-MORTEM LIVIDITY 5. Relevant matters at the scene of the crime
It is the discoloration of the body after death when the 6. Testimonies of witnesses if there is any.
blood tens to pool in the blood vessels for the most dependent portion to the
pool in the blood vessels for the most dependent portion of the body. The 7. Written complaint of the victim.
blood remains fluid in the body after for 6-8 hours and gradually clot until it
is fully developed at about 12 hrs. The appearance of Post Mortem lividity NARCOTICS DEATH INVESTIGATION
usually stars about 20-30 minutes after death, thus, it can also be a means
1. THE THREE PHASES OF NARCOTICS DEATH INVESTIGATION
in approximating the time of death of the person. But is more useful in
determining the position of the body after death. The discoloration of the a. The scene of death investigation
bloody may varies in color. Usually it is dull-red or Reddish-purple with
some bluish-black due to rupture of small engorged capillaries. In carbon b. The medical examination
monoxide and cyanide poisoning as well as exposure to cold temperature,
c. The toxicological investigation
THE PSYCHOLOGICAL SYMPTOMS OF USE OF DRUGS D. Poking a gun or other deadly weapon on the victim to divest his personal
property are some forms of intimidation; if the injuries of the victim are of
A. Poison - symptoms, signs, causes of death. slight in character, it is absorbed as a form of violence. But if the injuries are
of less serious or serious in character, it is a complex crime of Roberry with
B. Codeine - nausea or vomiting, dizziness, constipation (500mg) and Physical Injuries.
respiratory failure.
E. If death results due to robbery with violence or intimidation of persons, a
C. Heroine and Morphine - sweating, loss of appetite, nausea, constriction, complex crime of Robbery with Homicide is commited, irrespective whether
itching thirst, cyanosis. tge death occurs among the robbers. Heart attack or stroke as a consequence
of the robbery is still Robbery with Homicide;
D. Barbiturates - lower body temperature, cyanosis, skin rashes,
constipation, and cold extremities (1.6 g) F. If on the occasion of the robbery, rape is committed the crime is Robbery
with Rape.
E. Cocaine - nausea, vomiting, chills, sweating, thrist, convulsion, (500 mg)
circulatory and respiratory failures. G. If on the occasion of the robbery, homicide and rape were committed, the
proper complex crime is Robbery with Homocide. The rape is considered
F. Amphetamine - diarrhea, constipation, nausea, vomiting, cramps, chills,
aggravating circumtances.
sweating, thrist, convulsion, petechial hemorrhage.
THEFT - Personal properties are taken without the consent of knowledge of
BODY SIGNS
the owner.
A. Cyanosis - bluish discoloration of the face or finger nails due to
A. Pickpockets, simple snatching and other forms are included in this
insufficient oxygen on the blood caused bi increased carbon dioxide in the
classification.
body.
B. Theft inside a house or a building where entry is thru an open closed door
B. Petechial Hemorrhage - pin point spots of discoloration as a result of the
but unlocked, this is theft;
capillary reptures due to pressure and generally observed in the eyes, eyelids,
behind the ears and internally. C. Breaking the glass panes of a show window and extending an arm to get
the valuables inside is theft as the force upon things is not used as means of
C. Formation of froth - observed in mouth and nose, maybe white or
entry. If the one who breaks the glass pane bodily entered the show window,
pinkish and caused by fluids entering the air passage.
it would be robbery with force upon things.
D. Hematoma - a localized swelling on any part of the body caused by
D. Ordering someone to deposit or withdraw money from the bank by giving
bleeding beneath the surface o the skin. This is caused by skin "popping"
the bank book and signed deposit or withdraw slips and that someone
rather than by vein injections.
absconded the money, it is theft.
E. Needle Marks and Tracks - visual evidence of intravenous injections.
E. Entrusting a piece of jewelry to be sold on commission basis and the agent
The tracks will follow the vein and results in a dark discolaration and
failed to remit the price or return the property unsold, the case is not Theft but
eventual collapse of the vein.
Estafa.
F. Scar - skin marks caused by the victim in removing needle marks, scrabs,
F. In theft, there is only material transfer to the property but in Estafa,
which adds to the unsanitary conditions of the victim.
there is a juridical transfer of the property. Juridical transfer implies that
G. Rashes/Scratch Skin - external body signs due to the use of morphine or the receiver of the property has the authority to dispose the same. In Theft
heroine poisoning. there is no such authority.
THEFT AND ROBBERY INVESTIGATION G. In the investigation of theft and robbery cases, there is the importance of
the value of the property subject of the offense, because the imposable
TWO TYPES OF ROBBERY penalty is based on the value.
A. Force upon things as means of entry to the house or building; and Physical Evidence to be collected Robbery:
A. As means of entry, a locked door is broken or forced open. A closed nut - Areas of break
unlocked door is not a locked door. - Closets- prints may be found in door and
- Door knobs
B. Thru an opening which might be not locked but which is not intended or - Dressers
designed for entry. If a robber enters a building thru the open or locked - Pieces of furniture
window where he takes personal properties inside, it is robbery; - Bottles and glasses
- Walls
C. If the door is open or closed but not locked, and once inside breaks open - Tools
locked drawers, aparadors, wardrobes, safes where personal properties are - Desks
taken, it is robbery. 3. Clothings- sometimes the robbers exchange their own jackets with that one
found.
D. If the door is open and used as entry and while inside, the robbery brings
out receptables such as aparadors, drawers, wardrobes, safes and other forms 4. If a window was broken in effecting entry, glass particles maybe presents
of receptacles and while outside breaks open these receptacles where personal in the trouser cuffs and pockets of suspect. Samples of broken glass should
properties are taken it is robbery. be collected for possible future comparison in the event that a suspect is
picked up.
E. The use of picklocks to open locked doors or locked receptacles inside and
personal properties are taken, it is robbery. Genuine keys stolen from the 5. Paint- if a crowbar has been used to force the window, paint may adhere to
owner are considered picklocks. the tool. Paint samples should be taken for future comparison.
F. The mere possession of picklocks is punishable under the Revised Penal 6. Tool marks
Code.
7. Tools
VIOLENCE OR INTIMIDATION UPON A PERSON
8. Observed odd behavior patterns in the crime scene
A. Hold-ups are included in this category.
9. Cords and ropes used
Piracy - any attack upon or seizure of any vessel, or taking away of the ELEMENTS OF ARSON
whole or part thereof or its cargo, equipment or the personal belonging
of its complements or passengers, irrespective of value thereof, by means of A. Actual burning took place
violence against or intimidation of persons or force upon things, committed B. done with malicious intent
by any persons, including a passengers or member of the compliments of said C. the burning is done by a person who is criminally and civility liable.
vessels in Philippine waters. SPECIAL AGGRAVATING CIRCUMSTANCE IN ARSON (Sec. 4, PD
1613)
Highway Robbery/ Brigandage
A. Committed with intent to gain
- The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence B. Committed for benefits of others
against or intimidation of persons or force upon things of other unlawful C. Offenders is motivated by spite, revenge or hatred towards the owner or
means committed by any person or any Philippine highway. occupant of the house;
Anti-fencing law of 1979 (P.D. 1612) D. Committed by a syndicate. A syndicate consists of three or more persons
Fencing- is the act of any person, who, with intent to gain, for himself or who planned and carried out crime
for another shall buy, possess, keep, acquire, concealed, sell or in HOW TO LOCATE THE ORIGIN OF FIRE
any other way, deal on any articles, items, objects, or
any thing of value which he knows to have been derived from the A. By witness – the first who discovered the fire
proceeds of crime or robbery or theft.
B. Low Point of Burning – the lowest point of burning should be given the
Fence- include any person, firm, organization, association or outmost consideration in locating the origin of the fire. Fire will normally
corporation or partnership and other organization who/ which commits the burn upward. The hot gasses and carbon particles will continue to rise for any
act of fencing. period of time before the fire spreads downward.
Anti-Cattlle Rustling Law of 1974 (P.D. 533) C. Charring – the char will generally be deepest from where the fire
originated. When the fire is extinguished quickly, the charring is only slightly
Cattle Rustling- Is the taking away by any means, methods or below the surface.
scheme, without the consent of the owner/raiser, or any of the above animals
(cow, carabao, horse, mule or other domesticated member of the bovine COLOR OF SMOKE
family) whether or not for profit or gain, or whether committed with or
without violence against or intimidation of any person or force upon things. A. Steam and smoke – presence of humid substances in contract with
It includes the killing of large cattle, or taking its meat or hide without the combustible materials.
consent of owner/raiser.
B. White Smoke – indicates the presence of phosphorous.
CARNAPPING INVESTIGATION
C. Grayish smoke – caused by ashes and soot’s of loosely packed materials
THE ANTI CARNAPPING LAW - RA 6539 such as straw or hay.
A. CARNAPPING defined - it is the law unlawful taking, with intent to D. Black Smoke – coming from a material with petroleum base such as
gain, a motor vehicle belonging to another without the letter's consent or by rubber, tar, coals, turpentine or petrol gum
means of violence against or intimidation of person or using force upon
things. E. Reddish Brown or Yellow Smoke – presence of nitrates or substances
compounded with nitrates acid, plastics, films, or cellphones.
ELEMENTS OF CARNAPPING
NOTES ON CRIME SCENE INVESTIGATION
(1) Unlawful taking =
(2) Intent to gain THE COMPOSITION OF THE CRIME SCENE INVESTIGATION
(3) Motor vehicle belonging to another TEAM
(4) Lack of owners consent 1. Team Leader
(5) By violence or intimidation against persons or force upon things. 2. Evidence Collector
DEFINITION OF A MOTOR VEHICLE (Sec. 2, RA 6539) 3. Crime Photographer
4. Health or Medical Officer
Motor vehicle is any vehicle propelled by means other than muscular power, 5. Sketcher and Measurer
using the public highways, but excepting road rollers, trolley cars, street 6. Evidence Custodian
sweepers, sprinklers, lawn mowers, bulldozers, graders, foklifts, amphibian 7. Security Officers
trucks and cranes, if not used on public highways, also vehicle which run
only on rails on tracks, tractors, trailers and traction engines of all kinds used 1. Team Leader
exclusively for agricultural purposes. Trailers having any numbers of wheels, Takes control of the scene right after being briefed by the first
responder;
when propelled of intended to be propelled by attachments to any motor
Immediately chooses a command post location outside the crime
vehicle with no power rating. scene but adjacent to it that will serve as the CSI primary office;
Conducts a preliminary survey of the scene;
MACRO ETCHING - It is the chemical process of determining the
Conducts final survey of the scene ;
aunthenticity of the engine and chassis numbers of a motor vehicle which is a
Releases the crime scene to the investigator-on-case after the
requirement before a clearance is used for registration of newly transferred completion of the final survey;
vehicle from dealers, owners or buyers. Prepare the CSI report of personally supervise the preparation of
report.
MICRO ETCHING - It is the chemical process of restoring erased or
tampered engine and chassis numbers. The process is by continuous Preliminary Survey – it is an assessment of the crime scene conducted by
application of strong acid on the suspected tampered or erased numbers. carefully walking through the scene to evaluate the situation. It identifies any
threat to the integrity of the crime scene and ensures protection of physical
HOW TO DETECT STOLEN VEHICLES evidence. This will also provide first opportunity to recognize and identify
valuable and/or perishable evidence.
A. No license plate number
B. Sporting improvised plates Final Survey – it is the critical review of the scene to ensure that all pieces of
C. Spotting plates which are for specific vehicles like yellow plate attached to
evidence have been collected and the scene has been thoroughly processed
the private prior to release.
D. Abandoned vehicles
Command Post – a temporary office where the evidence custodian stays and
E. Fake license plates or stickers receives pieces of evidence from the evidence collectors. This is also a place
F. No sticker for the current year
where the investigators entertain politicians, law enforcement officers who
4. Medical or Health Officer 4. Clothing with bloodstain should be wrapped in clean sheet of paper
Determine the condition of the victim at the crime scene; and placed in a paper bag or cartoon box. Mark and seal the
While the team leader is coordinating with the first responder, the container.
medical officer cautiously enters the crime scene and determine 5. Never use a moistened cloth or paper in collecting dried blood
whether the victim is still alive; stain from solid object.
If the victim is already dead, he gets out of the crime scene and 6. Do not scrape dried bloodstain directly into evidence envelope to
proceed to the command post where he will wait for the instruction prevent loss of evidence.
of the team leader.
Preservation
5. Sketcher and Measurer
Prepares the sketch after the crime scene has been searched, items 1. Do not mix dried bloodstain with each other. Place the collected
of evidence located and marked, and photographs taken; stain from different locations in separate paper pockets.
Establishes compass orientation 2. Wash and dry the scalpel every time it is used to scrape another
Draws and records the exact location of evidence based on bloodstain to prevent contamination.
measurements;
Places legends and other relevant information on the sketch; DEOXYRIBONUCLEIC ACID (DNA) EVIDENCE
Measures the pieces of evidence from two fixed points.
The following biological sample with their recommended
6. Evidence Custodian quantities should be collected for DNA analysis:
Stays at the command post, receives the evidence turned over to
him and records the same on the Evidence Log; 1. Wet Blood 1 – 2 ml
Takes custody of submitted pieces of evidence. 2. Bloodstain 1 gram
3. Saliva / Buccal Scrapping 4 cotton buds
7. Security Officers 4. Semen / Seminal Stain 3 Swabs
Secure the crime scene by cordoning it with the police line or rope 5. Urine 100 ml
if it was not cordoned by the first responder or investigator-on- 6. Hair with Follicles or Root Bulb 2 – 5 pieces
case; 7. Muscle, Tissue, and Cells 15mg each
Must not allow any unauthorized person from entering the crime 8. Bones and Organ 1 – 5 grams
scene; 9. Sperm Cells 3 Swabs
Ensures that all crime investigators who are attending to the 10. Dried Tissues 100 mg
processing of a crime scene, log their names in the Crime Scene
Contamination Sheet, with date and time of entry and exit from DNA SAMPLES
the scene as well as their individual purpose. Collection
POISON