Special Crime Investigation

By:

AVELINO E ALERIA JR, R.CRIM

 Well, it is notable to know that in special
crime investigation, the purpose of it is to help
establish the facts and circumstances as to
what really happened at the crime scene.
Basically, one of the main goals of the
investigator in investigating the crime scene is
to identify the identity of the offender or the
persons involved in the crime scene.
 Becoming an investigator is not an easy
job, every action taken in conducting an
investigation at the crime scene can play a
pivotal role in the resolution of a case.
Thorough investigation is the key to ensure that
all pieces of evidence found and collected at
the crime scene are not tainted or destroyed
and the integrity of the evidence must be
preserved and protected at all times.
 In this new era, the advent of technology
and science are predictable. Hence, the
perspective of forensic science has come to
mean in solving crimes and the application of
natural and physical science to the motion of
matters within the legal context in the
perspective of the law.
SPECIAL CRIME INVESTIGATION

 SPECIAL CRIME INVESTIGATION

 Is the process of applying special equipment and
special expertise;
 Is the investigation of cases that are unique and
often require special training to fully understand
their broad significance.
 It is the application of a special investigative
technique
Criminal Investigator
a person who is tasked with the duty of
carrying on the objectives of criminal
investigation;
 To identify
 Locate
 Provide evidence of his guilt

As a general, a crime scene investigator is a

professional who is trained to collect, preserve, and
process evidence at the crime scene.
Investigator/Officer
refers to any law enforcement personnel
who is mandated to enforce the law such as;
investigators of the PNP, NBI, BOI, PDEA,
CIDG
 RESPONSIBILITIES OF A
CRIMINAL INVESTIGATOR
1. Process the crime scene, recognize,
document, and collect evidence
2. Follow the SOP in conducting the investigation
3. Conduct preliminary survey
4. Conduct crime scene documentation and
collect potential evidence for crime lab
examination
5. Make investigation report and present
evidence to the prosecutor
6. Preserve, collect, and record all pieces of
evidence recovered at the crime scene
7. Collect DNA evidence
8. Collect trace evidence eg; paint, residues
9. Collect firearm evidence
10. Investigate criminal acts
11. Interview witnesses, informants, suspects
12. Collect enough evidence to support the
case filed
13. Prepare sketches
14. Obtain search warrant
15. Perform surveillance and monitoring
16. Coordinate with other agencies
17. Record all information about the suspect
 What is crime?
 What is a crime scene?
 What is Investigation?
 What is a custodial investigation?
 What is the Miranda Doctrine?
 What is Probable cause?
 Criminal Investigator?
CRIME
is an act committed or omitted in violation
of public law forbidding or commanding it.
In other words, crime is a deliberate act
that causes physical or psychological harm,
damage to or loss of property, and is against
the law.
Crime Scene

Is the place where the essential

ingredients of the criminal act took place, and
this also includes the setting of the crime and
the adjoining places of entry and exit of both
offender and victim.

Crime scene encompasses all areas over

which the actors – victim, criminal, and
eyewitness moved during the commission of a
crime.
Criminal Investigation
This is a legal inquiry by virtue of a complaint to
follow-up, examine, trace, track and search, step by step, by
patient and meticulous observation, the fact of the
commission of a crime, the identity of the actors, and the
circumstances attendant thereto, by careful evaluation of all
available evidences to the end that violators of law be
brought to the bar of justice, and the innocent be relieved
therefrom.
 DEFINITION OF CRIMINAL
INVESTIGATION
Criminal Investigation – the collection of facts in
order to accomplish the three-fold aims:
 to identify the guilty party
 to locate the guilty party
 to provide evidence of his
(suspect) guilt.
CARDINAL POINTS OF INVESTIGATION
1. What specific offense has been committed?
2. How the offense was committed?
3. Who committed it?
4. Where the offense was committed?
5. When it was committed?
6. Why it was committed?
Custodial Investigation
Investigation conducted by law
enforcement officers after a person has been
arrested or deprived of his freedom of action.

Miranda Doctrine
rights of the suspect from any form of self
incrimination during police interrogation, as
enshrined in the 1987 Philippine Constitution.
Probable Cause
Determining the facts and circumstances
sufficient to engender a well-founded belief that
a person is probably involved in a specific
crime.
 Additionally, it is also the job of the
investigator to interview witnesses,
reconstructing the crime scene, tracing and
locating the suspect, vigorous questioning, of
the suspect in custody and in observance of
due process, served as a witness in favor of the
aggrieved or offended party.
Crime Scene Investigation
It is the conduct or processes, more
particularly the recognition, search, collection,
handling, preservation and documentation of
physical evidence to include the identification
and interview of witnesses and the arrest of
suspect/s at the crime scene.
How crime scene investigation
starts?
 Upon receipt of a report or complaint of a
crime incident, the duty desk officer shall;
a. Record the time of report/complaint was made,
identify the person who made the report, place if
incident and synopsis of the incident;
b. Informed the immediate superior officer
regarding the report.
 First Responder
any police officers who first arrived at the
crime scene and shall protect and secure the
crime scene;
 Cordon the crime scene;

 Evacuate the injured person to the nearest

hospital;
 Prepare to take dying declaration

 Prevent the entry and exit of the cordoned

area
 Prepare to brief the investigators upon arrival
Crime Scene Investigation Proper
1. Receipt of briefing and designation of
command post;
2. Initiation of preliminary survey;
3. Preparation of narrative report;
4. Documentation of the crime scene;
5. Crime scene sketches
6. Detailed search
7. Collection of physical evidence
8. Conduct of final survey
9. Release of the crime scene
PROTOCOLS IN INVESTIGATION
 Jurisdictional investigation by the territorial
unit concerned
 Official police blotter – 18”x12”
RULE 113 - ARREST
Section 1.Definition of arrest. —
Arrest is the taking of a person
into custody in order that he may
be bound to answer for the
commission of an offense.
APPRAISAL OF RIGHTS
(MIRANDA DOCTRINE)
 APPRAISAL OF RIGHTS

Miranda v. Arizona, 384 U.S.436 (1966), was

a landmark decision of the United States
Supreme Court. In a 5–4 majority, the Court held
that both inculpatory and exculpatory statements
made in response to interrogation by
a defendant in police custody will be admissible
at trial only.
 APPRAISAL OF RIGHTS
 PNP police officers conducting arrest shall recite
the “Miranda Doctrine” and Anti-Torture
Warning” as human rights advocates (R.A 9745
– Anti-Tortured Act).

 Failure to recite the “Miranda” and “Anti-Torture”

Warning lead to the dismissal of the case
against the suspect and filling administrative
case for the arresting Police Officer.
Section 12, Article III of the 1987 Constitution
states that persons under investigation for the
commission of an offense should be informed
of their right to remain silent, and their right to
counsel. These rights may not be waived,
except in writing and in the presence of a
counsel. Any confession or admission obtained
in violation of this provision is inadmissible as
evidence against the accused.
 PEOPLE OF THE PHILIPPINES vs. MARVIN
PORTERIA Y MANEBALI, G.R. No. 233777, March
20, 2019
Under Section 2 of R.A. No. 7438. Extrajudicial
confessions made by a person arrested, detained or
under custodial investigation must fulfill the following
requirements:
(d) Any extrajudicial confession made by a person
arrested, detained or under custodial investigation
shall be in writing and signed by such person in the
presence of his counsel or in the latter's absence,
upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in
any proceeding.
The Court emphasizes that an extrajudicial
confession is not a sufficient ground for conviction,
unless it is corroborated by either direct or
circumstantial evidence. If it is the latter, the
accused may be convicted when: (a) there is more
than one circumstance; (b) the facts from which
the inferences are derived and proven; and (c) the
combination of jail the circumstances is such as to
produce a conviction beyond reasonable doubt
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE,
VS. JAMAL RANGAIG Y AMPUAN [ G.R. No. 240447,
April 28, 2021 ]

The general rule no arrest, search, and

seizure can be made without a valid
warrant issued by a competent judicial
authority. This is because a person's right
to be secure against unreasonable
searches and seizures is sacred. It is
enshrined in Article III, Section 2 of our
Constitution.
SECTION 2. The right of the people to be
secure in their persons, houses, papers, and
effects against unreasonable searches and
seizures of whatever nature and for any
purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except
upon probable cause to be determined
personally by the judge after examination
under oath or affirmation of the complainant
and the witnesses he may produce, and
particularly describing the place to be
searched and the persons or things to be
seized.
 Lesson 2.10 Arrest Search and Seizure

GROUNDS FOR WARRANTLESS

ARREST
RULE 113 SECTION 5 OF THE REVISED
RULES OF THE CRIMINAL PROCEDURE
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 committing,
or is attempting to commit an offense;
RULE 113 SECTION 5 OF THE REVISED
RULES OF THE CRIMINAL PROCEDURE
2. When an offense has just been committed
and he has probable cause to believe,
based on personal knowledge of facts or
circumstances, that the person to be arrested
has committed it;
3. Where the accused released on bail attempts
to leave the country without court permission;
 RULE 113 SECTION 5 OF THE
REVISED RULES OF THE CRIMINAL
PROCEDURE
4. Violation of conditional pardon, punishable under
Article 159 of the Revised Penal Code as a case
of evasion of service of sentence;

5. Arrest following a Deportation Proceeding by the

Immigration Commissioner against illegal and
undesirable aliens.
RULE 113 SECTION 5 OF THE REVISED
RULES OF THE CRIMINAL PROCEDURE
6. When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgment or
temporarily confined while his case is pending, or
has escaped while being transferred from one
confinement area to another;
 AUTHORITY OF THE ARRESTING
OFFICER WHEN MAKING AN
ARREST
Police officer may summon assistance
A police officer making a lawful
arrest may verbally summon as many
persons as he deems necessary to
assist him in effecting the arrest.
 RIGHT OF A POLICE OFFICER
TO BREAKINTO BUILDING
OR ENCLOSURE
A police officer in order to make an
arrest, with or without warrant, may break
into a building or enclosure where the person
to be arrested is or is reasonably believed
to be, if he is refused admittance thereto
after announcing his authority and purpose.
 RIGHT TO BREAK OUT FROM
BUILDING OR ENCLOSURE

Whenever a police officer has entered the

building or enclosure to make an arrest, he
may break out there from, when necessary,
to liberate himself.
ARREST AFTER ESCAPE OR RESCUE

If a person lawfully arrested escapes or is

rescued, any person may immediately pursue
to retake him without a warrant at anytime
and in any place within the Philippines.
 PROCEDURES IN EFFECTING
WARRANTLESS ARREST

• Freeze or restrain the suspect/s;

• Make proper introduction as to identity and
authority to arrest;
• Inform the arrested person of the circumstances
of his arrest and recite to him the Miranda
Warning;
 PROCEDURES IN EFFECTING
WARRANTLESS ARREST

• Conduct thorough search for weapons and

other illegal materials;
• As a general rule, no unnecessary forces shall
be used in making an arrest;
• Confiscated evidence shall be properly
documented;
• Bring the arrested person to the Police Station
for further investigation and disposition.
Section 2.Arrest; how made. — An arrest
is made by an actual restraint of a person
to be arrested, or by his submission to
the custody of the person making the
arrest.

No violence or unnecessary force shall

be used in making an arrest. The person
arrested shall not be subject to a greater
restraint than is necessary for his
detention. (2a)
PEOPLE OF THE PHILIPPINES vs. MARVIN
PORTERIA Y MANEBALI, G.R. No. 233777, March
20, 2019

there are several circumstances which the Court

recognizes as exceptions to the requirement of a
warrant: (a) a warrantless search incidental to a
lawful arrest; (b) seizure of evidence in plain
view; (c) search of a moving vehicle; (d)
consented warrantless search; (e) customs
search; (f) stop-and-frisk; and (g) the existence
of exigent and emergency circumstances.
A stop-and-frisk search is defined as "the act
of a police officer to stop a citizen on the
street, interrogate him, and pat him for
weapon(s) or contraband."63 Searches under
stop-and-frisk are limited to the protective
search of outer clothing for weapons.64 For
purposes of searching a person's clothing for
concealed weapons, the police officer is
required to introduce himself properly, make
initial inquiries, approach and then restrain the
person mani.festing unusual and suspicious
conduct
Section 3.Duty of arresting
officer. — It shall be the duty of
the officer executing the warrant
to arrest the accused and to
deliver him to the nearest police
station or jail without
unnecessary delay. (3a)
SERVICE OF WARRANT
Section 4.Execution of warrant. — The
head of the office to whom the warrant of
arrest was delivered for execution shall
cause the warrant to be executed within
ten (10) days from its receipt. Within ten
(10) days after the expiration of the
period, the officer to whom it was
assigned for execution shall make a
report to the judge who issued the
warrant. In case of his failure to execute
the warrant, he shall state the reasons
therefor. (4a)
 SERVING A WARRANT OF
ARREST
 Verify the validity of the warrant and
request for an authenticated copy from the
issuing court;

 Make a manifestation of authority against

the person to be arrested;
 SERVING A WARRANT OF ARREST
 If refused entry, the police officer may
break into any residence, office, building, and
other structure where the person to be
arrested is in or is reasonably believed
to be in, after announcing his purpose;
 SERVING A WARRANT OF ARREST
 The police officer need not have a
copy of the warrant in his possession at the
time of the arrest. If the person arrested so
requires, the warrant shall be shown to the
arrested person as soon as possible;

Criminal Investigation Course (CIC)

 SERVING A WARRANT OF ARREST

 Secure the person to be arrested and use

handcuffs for the protection of the arresting
officer, other individuals or the arrested
person himself;
 SERVING A WARRANT OF ARREST

 Conduct thorough search for weapons and other

illegal materials on the person arrested and
surroundings within his immediate control;

 Inform the person to be arrested of his rights

under the law (i.e. Miranda Warning and Anti
torture Warning);
 SERVING A WARRANT OF ARREST
 No unnecessary force shall be used in
making an arrest;

 Confiscated evidence shall be properly

documented with the chain of custody of
evidence duly and clearly established;

 Bring the arrested person to the Police

Station for documentation;
 SERVING A WARRANT OF
ARREST
 Make a Return of Warrant to the court of
origin (Annex “B” - Return of Warrant
Form); and

 Deliver the arrested person to jail/prison

upon the issuance of a commitment order
of the court.
JURISPRUDENCE:
Lepanto vs. CA (200 SCRA 338), where the court held
that when the accused was frisked and arrested in the
street for possession of Marijuana and when asked if he
had more, answered that he has more marijuana in his
house, the search conducted by the police officers in
the house and the consequent seizure of ten plastic
bags of Marijuana was held invalid because the house
was no longer within the jurisdiction and control of the
accused.
When a warrant of arrest not
necessary;
1. When an accused is already in detention
2. When the accused was arrested by virtue of
a lawful arrest without warrant
3. When the penalty is of a fine only
4. Those covered by a summary procedure
Rule 126 Searches
and Seizures
• Definition of Search Warrant (SW)
• Where to File SW
• What are the things to be seized
• Requisites for the Issuance of SW
• Examination of Complainant
• How to Enforce SW
• Time of Making Search
• Validity SW
• Receipt of the Property Seized
• Delivery to the Court and Inventory
• Search Incidental to lawful arrest
• Motion to Quash SW/Suppress Evidence
Rule 126 Searches and
Seizures
What is search warrant?
A search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him
to search for personal property described therein and
bring it before the court. (Section 1, Rule 126)
Is search warrant a criminal
action?
It is not. A search warrant is not a criminal action nor does it
represent a commencement of a criminal action. It is not a
proceeding against a person but is solely for the discovery and
to get possession of personal property. Since it is not a
criminal action, it can be prosecuted without the direct control
and participation of the public prosecutor (Worldwide Web
Corp. vs. People, GR No. 161106, January 13, 2014)
A constitutional law principle

The rule against unreasonable searches and seizures is a

protection against governmental intrusion. It does not extend
to acts committed by private individual and entities (Sesbreno
vs. CA, March 26, 2014)
Constitutional Provision

Section 2. The right of the people to be secure in their

persons, papers and effects against unreasonable searches
and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determine personally
by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be search or the person or
things to be seized (1987 Constitution).
Constitutional Provision

Section 3. “Any evidence obtained in violation of this or

preceding section shall be inadmissible for any purpose in any
proceedings. (1987 Constitution).
Where should application for
search warrant be filed?
Any court within whose territorial jurisdiction a crime was
committed.

For compelling reasons stated in the application, any court

within the judicial region where the crime was committed if
the place of the commission of the crime is known, or any
court within the judicial region where the warrant shall be
enforced.

However, if the criminal action has already been filed, the

application shall only be made in the court where the
criminal action is pending. (Section 2, Rule 126)
What are the properties that
may be seized?

Stolen or embezzled
Subject of the and other proceeds,
offense or fruits of the
offense

Used or intended to
be used as the
Section 3, Rule 126
means of committing
an offense
 The Rule: Only personal
properties described in the SW
may be seized.

Thus, the taking of lady’s wallet, cash, grinder, camera, component,

speakers, electric panel, jigsaw, etc., should not have been taken
because in the SW what is to be taken were methamphetamine
hydrochloride and paraphernalia. The above items cannot be
classified as “paraphernalia” (People vs. Nunez, 591 SCRA 394).
 Requisites for the issuance of
search warrant?
A search warrant shall not issue except upon
probable cause in connection with one specific
offense to be determined personally by the judge
after examination under oath or affirmation of the
complainant 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 (Section 4, Rule
126).
 Dissection of the Requisites for
the Issuance of Search Warrant

It must be based upon probable cause in connection with

one specific offense.
Probable cause must be determined by the judge himself
and not by the applicant or any other person.
In the determination of probable cause, the judge must
examine, under oath, the complainant and such witnesses
he may produce
The warrant issued must particularly describe the place to
be searched and the person or things to be seized.
 Probable Cause
What is probable cause in search warrant?

The existence of such facts and circumstances which

would lead a reasonable discreet and prudent man to
believe that the offense has been committed and that
the objects sought in connection with the offense are
in the place to be searched. (Century Chinese
Medicine Co. vs. People, 706 SCRA 177, 192)
 Probable Cause

Probable cause is not proof beyond reasonable

doubt. (Century Chinese Medicine Co. vs.
People, 706 SCRA 177, 192).

But probable cause must be based on the

personal knowledge of the complainant and the
witnesses (Uy vs. BIR, 344 SCRA 36, 55-56)
“In connection with one
specific offense”

The constitution requires that a search warrant must be issued

in connection with one specific offense. The single offense
requirement is meant to prevent the issuance a scattershot
warrant (Tampasen vs. People, 316 Phil. 237).
The one specific-offense requirement reinforces the
constitutional requirement that a search warrant should issue
on the basis of probable cause (Stonehill vs. Diokno, G.R.
No. L-19550, 19June 1967).
BUT!
The rule is not violated when search warrant
covers several counts of a certain specific offense
(Columbia Pictures vs. CA, G.R. No. 110318,
August 28, 1996).
Note the following cases:
People vs. Pastrana – search warrant was issued for
violation of RA No. 8799 (Securities Regulations Code) and
for Estafa, the SC ruled that it is a scattershot warrant
(G.R. No. 196045, February 21, 2018).

People vs. Dichoso – the search warrant was issued for

violation of RA 6425 without specifying what provisions of
the law was violated. The SC upheld its validity (223 SCRA
174,191).
 Particularity in the description of place to be
searched
RULE
In the determination of whether a search warrant describes the
premises to be searched with sufficient particularity, it has been
held that the executing officer's prior knowledge as to the place
intended in the warrant is relevant. This would seem to be
especially true where the executing officer is the affiant on
whose affidavit the warrant had been issued, and when he
knows that the judge who issued the warrant intended the
compound described in the affidavit (Yao, Sr., vs.People, 525
SCRA 108).
Particularity in the description
of place to be searched
RULE
Description of the place to be searched is sufficient if the
officer with the warrant can, with reasonable effort, ascertain
and identify the place intended and distinguish if from other
places in the community. Any designation or description that
points out the place to the exclusion of others, and on inquiry
leads the officers unerringly to it,satisfies the constitutional
requirement.
The search warrant here stated that the place to be searched
was appellant's "rented residence and its premises located [on]
6th Street, Guingona Subdivision, Barangay 25, Jose P. Rizal,
Butuan City."

If the searching officers are familiar with the place to be

searched, then the requirement of particularity is complied
with. The rule is that a description of the place to be searched
is sufficient if the officer with the warrant can, with reasonable
effort, ascertain and identify the place intended and distinguish
it from other places in the community. Any designation or
description known to the locality that points out the place to
the exclusion of all others, and on inquiry, leads the officers
unerringly to it, satisfies the constitutional requirement
(People vs. Magayon, G.R. No. 238873, September 16,
2020).
 Particularity in the description
of place to be searched
RULE
The warrant is valid when it enabled the police officers to
readily identify the properties to be seized and leaves them
with no discretion regarding the articles to be seized.
 Rule on particularity of things
to be seized

In Vallejo v. Court of Appeals, 471 Phil. 670, the Court clarified that technical
precision of description is not required. "It is only necessary that there be
reasonable particularity and certainty as to the identity of the property to be
searched for and seized, so that the warrant shall not be a mere roving
commission. Indeed, the law does not require that the things to be seized
must be described in precise and minute detail as to leave no room for
doubt on the part of the searching authorities. If this were the rule, it would
be virtually impossible for the applicants to obtain a warrant as they would
not know exactly what kind of things to look for (cited in Dimal vs. People,
G.R. No. 216922,April 18, 2018).
Particularity in the description
of things to be seized
Invalid Warrant
“Book of accounts, financial records, vouchers, journals, correspondences,
receipts, ledgers, portfolios, credit journal, typewriters, and other documents and
papers showing all business transaction, including disbursement receipts,
balance sheets and related profits and loss statement…” Invalid warrant
(Stonehill vs. Diokno, 20 SCRA 383)
Particularity in the description
of things to be seized
Invalid Warrant
“Television sets, video cassette recorders, rewinders, tape head cleaners,
accessories, equipment and other machines used or intended to be used in
unlawful reproduction, sale, rental/lease, distribution of above-mentioned video
tapes…. (20th Century Fox Film Corp., vs. CA, 164 SCRA 655), 664-665)
Particularity in the description
of things to be seized
Invalid Warrant
“multiple set of books, ledgers, journals, columnar books,
cash register books, sales books or records tapes…. ”
(Uy vs. BIR, 344 SCRA 36)
 Particularity in the description
of things to be seized
Valid Warrant
“Unlicensed firearms of various calibers and ammunitions for
said firearms” (Kho vs. Makalintal, 306 SCRA 70, 78-79)
Particularity in the description
of things to be seized
Valid Warrant
“Undetermined amount of marijuana or Indian hemp”
(People vs. Tee, 395 SCRA 419)
How shall examination by the
Judge be conducted?
The judge must, before issuing the warrant, personally
examine in the form of searching questions and answers, in
writing and under oath, the complainant and the witnesses he
may produce on facts personally known to them and attach to
the record their sworn statements, together with the affidavits
submitted.(Section 5, Rule 126).
 How shall examination by the
Judge be conducted?

Although there is no hard and fast rule governing

how a judge should conduct his investigation, it is
nevertheless required that the examination must be
probing and exhaustive, not merely routinary,
general, peripheral, perfunctory or pro forma. The
judge must not simply rehash the contents of the
affidavit but must make his own inquiry on the
intent and justification of the application (Yao, Sr.
vs. People, 525 SCRA 108, 131)
 What is the time frame for law
enforcement to implement the
search warrant?

The warrant must direct that it be served in the day

time, unless the affidavit asserts that the property
is on the person or in the place ordered to be
searched, in which case a direction may be
inserted that it be served at any time of the day or
night. (Section 9, Rule 126)
 How should the LE implement
the search warrant?

No search of a 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. (Section 8, Rule 126)

The officer, if refused admittance to the 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. (Section 7, Rule 126)
 How should the LE implement
the search warrant?
The officer seizing property under the warrant must 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. (Section 11, Rule
126)
The officer must forthwith deliver the property seized to the
judge who issued the warrant, together with a true inventory
thereof duly verified under oath. (Section 12 (a), Rule 126)
 WHAT SHOULD THE LE DO AFTER ENFORCING A SEARCH
WARRANT?

• The officer must forthwith deliver the property

seized to the judge who issued the warrant,
together with a true inventory thereof duly verified
under oath.
• Make a report of the receipt of the property seized
• The return on the 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, and other actions of the
judge.
 When can LE make an arrest
even without a search warrant

Search incidental to a lawful arrest

Seizure of evidence in plain view
Consented warrantless search
Custom search
Stop and Frisk
Exigent or emergency circumstances
Search of vessels and aircraft
Inspection of buildings and other premises for the
enforcement of fire, sanitary or building regulations
Search incidental to a lawful
arrest

A person lawfully arrested may be searched for

dangerous weapons or anything which may have been
used or constitute proof in the commission of an offense
without a search warrant. (Section 13, Rule 126)
Parameters of search incident
to a lawful arrest
It is limited to search for dangerous weapon, for anything
that may have been used for the commission of the offense
or proof of the commission of the offense (Section 13,
Rule 126)

Search can extend “within the area of immediate control”

of the person arrested. (Valeroso vs. CA, 598 SCRA 41,
55-56)
Parameters of search incident
to a lawful arrest
Valeroso vs. CA, 598 SCRA 41 – the cabinet is situated
in the area different from where the accused was arrested
or temporarily detained. The cabinet is not an area within
the immediate reach and control of the accused.

Espano vs. CA, 288 SCRA 558 – Accused was arrested

outside his house. The subsequent search of his house
after his arrest is invalid.
 Search of moving vehicles

Peace officers are limited only to routine checks where examination

of a vehicle is limited to visual inspection.

Before the vehicle may be subjected to extensive search, such

would be permissible only if officers made it upon probable cause. i.e.
upon belief, reasonably arising out of the circumstances known to the
seizing officers, that the vehicle contains an item which by law is
subject to seizure (People vs. Libnao, cited in People vs. Breis,
August 17, 2015).
Checkpoints
Allowed under exceptional circumstances, as when the
survival of organized government is on balance, or where
the lives and safety of the people are in grave peril
(Valmonte vs. DeVilla, 185 SCRA 665).

For as long as the vehicle is neither searched not its

occupants subjected to a body search, and the inspection
of the vehicle is limited to visual search, routine check is
valid. (See, People vs.Vinecario,420 SCRA 280)
ILLEGAL IMPLEMENTATION OF SEARCH
WARRANTS MAY RESULT IN THE
FOLLOWING VIOLATIONS:

Section Two- Violation of Domicile Art. 128. Violation of Domicile. –

The penalty of prision correccional in its minimum period shall be imposed
upon any public officer or employee who, not being authorized by judicial
order, shall enter any dwelling against the will of the owner thereof, search
papers or other effects found therein without the previous consent of such
owner, or, having surreptitiously entered said dwelling, and being required
to leave the premises, shall refuse to do so. If the offense be committed in
the nighttime, or if any papers or effects not constituting evidence of a
crime be not returned immediately after the search made by the offender,
the penalty shall be prision correccional in its medium and maximum
periods.
ILLEGAL IMPLEMENTATION OF SEARCH
WARRANTS MAY RESULT IN THE
FOLLOWING VIOLATIONS:

Art. 129. Search warrants maliciously obtained and

abuse in the service of those legally obtained. – In
addition to the liability attaching to the offender for the
commission of any other offense, the penalty of arresto
mayor in its maximum period to prision correccional in its
minimum period and a fine not exceeding 1,000 pesos shall
be imposed upon any public officer or employee who shall
procure a search warrant without just cause, or, having
legally procured the same, shall exceed his authority or use
unnecessary severity in executing the same.
 ILLEGAL IMPLEMENTATION OF SEARCH
WARRANTS MAY RESULT IN THE
FOLLOWING VIOLATIONS:

AS AMENDED BY RA 10951
Section 5. Article 129 of the same Act is hereby amended to read as
follows:

"Art. 129. Search warrants maliciously obtained and abuse in the service of
those legally obtained - In addition to the liability attaching to the offender for
the commission of any offense, the penalty of arresto mayor in its maximum
period to prisión correccional in its minimum period and a fine not exceeding
(₱200,000) shall be imposed upon any public officer or employee who shall
procure a search warrant without just cause, or, having legally procured the
same, shall exceed his authority or use unnecessary severity in executing
the same."
 ILLEGAL IMPLEMENTATION OF SEARCH
WARRANTS MAY RESULT IN THE
FOLLOWING VIOLATIONS:

Art. 130. Searching domicile without witnesses. –

The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a public
officer or employee who, in cases where a search is
proper, shall search the domicile, papers, or other
belongings of any person, in the absence of the latter,
any member of his family, or in their default, without
the presence of two witnesses residing in the same
locality.
Plain view doctrine
REQUISITES:
- Law enforcement officer in search of the evidence has prior justification
for an intrusion or in the position from which he can view a particular
area.

- The discovery of evidence in plain view is inadvertent.

- Object is immediately apparent to the officer that the item he observes

may be evidence of a crime, contraband or otherwise subject to seizure
(Zalameda vs. People, 598 SCRA 537).
SPECIAL CRIME INVESTIGATION

 Examples of Crimes/ Cases that calls for

Special Crime Investigation
 Murder
 Homicide
 robbery
 rape and sexual offenses
 kidnapping
 carnapping
 bomb threats and explosions
 illegal recruitment
 terrorist activities
SPECIAL CRIME INVESTIGATION

 Responsibilities of Special Crime

Investigators
 Determine if the crime has been committed
 Verify jurisdiction
 Discover all facts and collect physical evidence
 Recover stolen property
 Identify perpetrator
 Locate and apprehend the perpetrator
 Aid in the prosecution of the perpetrator
 Testify effectively in court
 What is
custodial
investigation?

Any questioning initiated by law enforcement

officers after a person has been taken into
custody or otherwise deprived of his freedom of
action in some significant way
 What is
custodial
investigation?

 It includes the practice of issuing an invitation”

a person who is investigated in connection
with an offense he is suspected to have
committed (R.A. 7438, Sec. 2)
WHEN DOES CUSTODIAL
INVESTIGATION COMMENCE?
 Starts when the police
investigation is no longer a
general inquiry into an
unsolved crime but has
begun to focus on a
particular suspect taken
into custody by the police
who starts the interrogation
and propounds questions to
the person to elicit
incriminating statements.
Guidelines
Any person under investigation for the
commission of an offense shall have the right to
be informed of his right to remain silent and to
have competent and independent counsel
preferably of his own choice. If the person
cannot have the services of counsel, he must be
provided with one. These rights cannot be
waived except in writing and in the presence of
counsel (Sec. 12 (1), Article III, 1987
Constitution)
 No torture, force, violence, threat, intimidation, or
any other means which vitiate the free will shall
be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of
detention are prohibited (Sec. 12 (2), Article III,
1987 Const.)

 Any confession or admission obtained in violation

of this xxx shall be inadmissible in evidence
against him (Section 12 (3), Article III, 1987
Const.)
R.A. 7438
 has reinforced the constitutional mandate of
protecting the rights of persons under custodial
investigation.

 a confession is admissible in evidence only if it is

satisfactorily shown to have been obtained within
the limits imposed by the 1987 Constitution.
 Custodial Investigation Report
The custodial investigation report shall be reduced to
writing by the investigating officer, provided that
before such report is signed, or thumb marked if the
person arrested or detained does not know how to
read and write, it shall be read and adequately
explained to him by his counsel or by the assisting
counsel provided by the investigating officer in the
language or dialect known to such arrested or
detained person, otherwise, such investigation report
shall be null and void and of no effect whatsoever.
EXTRA-JUDICIAL
CONFESSION

 The declaration of an accused

acknowledging his guilt of the
offense charged or of any offense
necessarily included therein.
Such may be given in evidence
against him.
RIGHT TO COUNSEL DURING
CUSTODIAL INVESTIGATION
It requires the presence of
competent and independent
counsel who is preferably the
choice of the accused since a
custodial investigation is not done in
public; there is a danger that can
be exacted against the will of the
accused.
The right to counsel is a
fundamental right and
contemplates not just the mere
presence of a lawyer beside the
accused.
Note:
Any extrajudicial confession made by a person
arrested, detained or under custodial investigation
shall be in writing and signed by such person in the
presence of his counsel or in the latter's absence,
upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any
proceeding.
In Sum:
1. The confession must be voluntary
2. It must be taken respecting the Miranda rights of the detained
person
3. The confession must be made with the assistance of a
competent and independent counsel, preferably of the
confessant’s choice
4. The confession must be express
5. The confession must be in writing
6. The signing thereof must be in the presence in the presence
of the counsel or in the absence of the latter, in the presence
of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by
him; otherwise, such extrajudicial confession shall be
inadmissible as evidence in any proceeding.
 A police line-up is
not part of the
custodial
investigation since
the accused at that
stage is not yet
being investigated.
In a line-up, the
right to counsel
does not yet
attach. (People vs.
Tolentino, 423 scra
448)
 When the accused
has already been
pointed, the
investigation
ceases to be a
general inquiry.
Thus, the person
pointed to has now
the right to counsel
for he is already
under custodial
investigation
(Mesina vs.
People, GR.
162489, June 17,
2015)
POLICE ROLE IN EXTRA
JUDICIAL CONFESSION

 The right of a person under interrogation “to

be informed” implies a correlative obligation
on the part of the police investigator to
explain, and contemplates an effective
communication that results in understanding
what is conveyed.

 Short of this, there is a denial of the right, as

it cannot truly be said that the person has
EFFECT IF ADMISSION DURING
CUSTODIAL INVESTIGATION IS NOT
COMPLIANT WITH CONSTITUTIONAL
REQUIREMENTS

 A confession is admissible in evidence only if

it is satisfactorily shown to have been
obtained within the limits imposed by the 1987
Constitution, that is if the following requisites
are present:

1. The confession must be voluntary

2. The confession must be made with the
assistance of a competent and independent
counsel, preferably of the confessant’s choice
3. The confession must be express
4. The confession must be in writing.
 Otherwise, it is disregarded in
accordance with the cold objectivity of
the exclusionary rule. (People vs. Santos.
283 SCRA 443)
 CIRCUMSTANCES NOT
CONSTITUTING CUSTODIAL
INTERROGATION

 Custodial investigation does not apply to a spontaneous

statement not elicited through questioning by the authorities but
given in an ordinary manner whereby the accused orally
admitted having committed the crime. (People vs. Andan, 269
SCRA 95)
 A letter of admission made not in the course of the custodial
investigation is not invalid even though made without the
assistance of counsel. (People vs. Cristobal, GR. No. 159450,
March 30, 2011)
 a confession given by the accused to the municipal mayor was held
to be admissible in evidence because it was shown that the mayor
was a confidant of the accused and he did not act as a law
enforcement officer when he heard the confession of the accused.
(People vs. Marra, GR. No. 108494, September 20, 1994)
CRIMES AGAINST
PERSON
“Condemnation before investigation
is the highest form of ignorance.”
Albert Einstein
What are the different types of crime
against person?
What are the different crimes against person?
1. Murder

2. Homicide

3. Parricide

4. Infanticide

5. Rape

129
 CRIMES AGAINST
PERSON- is a term used
to refer an offensive
which is committed by
direct physical harm
or force being applied
to another person.
 CRIMES AGAINST PERSON

MURDER (Art 248)

ELEMENTS:
1. That a person was killed

2. That the accused killed him

3. That the killing was attended by any of the

qualifying circumstances.
4. That the killing is not parricide or infanticide
Qualifying circumstances of
murder
1. Treachery
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion,
shipwreck, standing of a vessel, derailment or assault
upon a railroad, fall of an airship, by means involving
great waste ruin.
4. On the occasion of any of the calamities enumerated in
the preceding paragraph or of an earthquake, eruption of
a volcano of any other public calamity.
5. With evident premeditation.
6. With cruelty by deliberate and humanly augmenting the
suffering of the victim or outraging or scoffing at his
person or corpse.
 CRIMES AGAINST PERSON

HOMICIDE (Art 249)

ELEMENTS:
1. That the person was killed

2. That the accused killed him without any

justifying circumstance
3. That the accused had the intention to kill which
is presumed
4. That the killing was not attended by any of the
qualifying circumstance of murder, or by that of
parricide or infanticide.
CRIMES AGAINST PERSON
HOMICIDE/MURDER
What are the evidence needed to file a
crime of Homicide.
1. Testimonial evidence- affidavit of
witnesses and complainant (if possible).
2. Documentary evidence- Photograph,
video and other doc’s.
3. Object Evidence- Weapon used and
other object related to the subject.
4. Other relevant evidence.
 CRIMES AGAINST PERSON
 PARRICIDE (Art 246)
ELEMENTS:
1. That a person is killed

2. That the decease is killed by the accused

3. That the decease is the father, mother or

child whether legitimate or illegitimate.
CRIMES AGAINST PERSON

What is the evidence needed to file a crime

of PARRICIDE

1. Testimonial evidence- affidavit of

witnesses and complainant (if possible).
2. Documentary evidence- Photograph,
video and other doc’s.
3. Object Evidence- Weapon used and
other object related to the subject.
4. Relationship determinant
CRIMES AGAINST PERSON

INFANTICIDE (Art 255)

Eleme of infanticide
1. Killing of a child less than 3 days
old (72 hours).
2. The victim may not necessary be
the child of the offender.
3. Other analogous acts.
 CRIMES AGAINST PERSON

What is the evidence needed to file a crime

of INFANTICIDE

1. Testimonial evidence- affidavit of

witnesses and complainant (if possible).
2. Documentary evidence- Photograph,
video and other doc’s.
3. Object Evidence- Weapon used and
other object related to the subject.
4. Other relevant evidence.
 CRIMES AGAINST PERSON

Rape- it is a criminal act define as the

most forcible sexual relations with a
person against their will.
RA 8353
"The Anti-Rape Law
of 1997."
 CRIMES AGAINST PERSON

Elements of rape under Article 266-A of RPC

1. Rape is committed 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 is
otherwise unconscious.
c) By means of fraudulent machination or grave abuse
of authority;
d) When the offended party is under twelve (12) years of
age or is demented , even through none of the
circumstances mentioned above be present.
CRIMES AGAINST PERSON

 Elements of rape
2. By any person who, under any of the
circumstances mentioned in par. 1 hereof,
shall commit an act sexual assault by
inserting his penis into another person’s
mouth, anal orifice, or instrument or
object, into the genital or anal orifice of
another person (RA 8353).
CRIMES AGAINST PERSON

 Elements of rape
Rape is qualified under the following
circumstances;
a) When the victim is under 18yo and the
offender is a parent, ascendant, step
parent, guardian, relative by
consanguinity or affinity within the 3rd
civil degree, or the common law spouse
of the parent of the victim.
b) When the victim under the custody of
CRIMES AGAINST PERSON

 Elements of rape
Rape is qualified under the following
circumstances;
c. When the rape is committed inn full
view of the spouse, parent, any of the
children or other relatives within the 3rd
civil degree of consanguinity.
d. When the victim is a religious engaged I
legitimate religious vocation of calling and
is person known to be such by the
CRIMES AGAINST PERSON

 Elements of rape
Rape is qualified under the following
circumstances;
f. When the offender knows that he is afflicted
with HIV/AIDS or any other sexually transmitted
diseases and the virus or diseases is transmitted
to the victim.
g. When the offender is member of AFP or para
military units thereof or the PNP or any law
enforcement agency or penal institution, when
the offender takes advantage of his position to
facilitate the commission of the crime.
CRIMES AGAINST PERSON

 Elements of rape
Rape is qualified under the following
circumstances;
h. When by reason or on occasion of the rape, the
victim suffered permanent physical mutilation or
disability.
i. When the offender knew of the mental disability,
emotional disorder at the time of the commission of
the crime.
j. When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the
offended party at the time of the commission of the
crime.
CRIMES AGAINST PERSON

Elements of Kidnapping and Serious Illegal Detention under Art. 267 of the Revised
Penal Code, as amended, are:
(1) the offender is a private individual;
(2) he kidnaps or detains another or in any other manner deprives the latter of his
liberty;
(3) the act of detention or kidnapping must be illegal; and
(4) in the commission of the offense, any of the following circumstances is present:
(a) the kidnapping or detention lasts for more than three days; or
(b) it is committed by simulating public authority; or
(c) serious physical injuries are inflicted upon the person kidnapped or
detained or threats to kill him are made; or
(d) the person kidnapped or detained is a minor, female, or a public officer; if
the victim of kidnapping and serious illegal detention is a minor, the duration of his
detention is immaterial. (People vs. Fabro, G.R. No. 208441, July 17, 2017)
People Vs. Jerry R. Pepino And
Daisy M. Balaan, G.R. No.
183479
 The armed men, two of whom ─ Pepino
and Pelenio ─ were recognized by the
victim Anita Ching and Guinto, forcibly
took the victim and boarded her on their
vehicle.
 The victim was 30 minutes later
transferred to another vehicle and taken
to a safehouse where she was to be
detained for 19 days.
 At 10:00 p.m. of October 18, 1997,
CRIMES AGAINST PERSON

Investigation procedures on
kidnapping for ransom
incidents
CRIMES AGAINST PERSON

What is Kidnap for Ransom (KFR)?

It is the unlawful taking and carrying away of a
person by force or fraud or against his will, or in any
manner depriving him of his liberty for the purpose of
extorting ransom as payment for his release.
Element of kidnap for ransom:
1. The offender is a private person.
2. He kidnap or detain another, or by any means
deprives the latter liberty;
3. The act of detention and kidnapping is illegal;
4. The purpose of kidnapping is to extort ransom from
the victim or any other person.
CRIMES AGAINST PERSON

 Objective of the Kidnapping for ransom

(As a law enforcer)
1. To preserve life;

2. To ensure prompt and safe return of the

victim;
3. To protect and support the family of the
victim.
4. To ensure public safety and;

5. To gather information, intelligence and

evidence leading to the solution of the
CRIMES AGAINST PERSON

 Procedures to be undertaken during a

kidnapping for ransom incident;
Responsibility of the desk officer
a) Record the incident in the police blotter
as a missing person case for validation;
b) Immediately inform the chief of police
CRIMES AGAINST PERSON

 Procedures to be undertaken during a

kidnapping for ransom incident;
Responsibility of the Chief of police
-The COP upon validation of the KFR
incident shall refer the case to the crisis
management committee (CMC) responsible
for the investigation of kidnaping for
ransom cases.
CRIMES AGAINST PERSON

 Procedures to be undertaken during a

kidnapping for ransom incident;
For KFR victim/suspects intercepted I
a checkpoint
1. Refer to the General investigative
Procedures. If the case is KFR, blotter
the incident as missing person.
2. Inform the chief of Police as soon as
possible- the COP will initially take
cognizance of the case and make a
CRIMES AGAINST PERSON

 Procedures to be undertaken during a

kidnapping for ransom incident;
Prohibition
1. Don’t send a patrol car or Police officer
to the scene unless the alleged KFR needs
CRIMES AGAINST PERSON

 Procedures to be undertaken during a

kidnapping for ransom incident;
 Duties of the investigator assisting in the
investigation of KFR case:
a. Assist in the conduct of victimology
b. In case the abandoned motor vehicle used in the
kidnapping is recovered:
1. Treat the motor vehicle similar to a crime
scene.
2. Secure the motor vehicle and request for
SOCO assistance; and
3. Refer to general investigative procedures.
CRIMES AGAINST PERSON

 Responsibility of the investigating

officer/investigator in homicide cases.

“All death cases are subject for

investigation/inquiry”
CRIMES AGAINST PERSON

Responsibility of the investigating

officer/investigator in homicide cases.
a) Importance of accurate determination of
cause of Death
b) Determine of suicide sometimes
treacherous.
c) Accidental death
CRIMES AGAINST PERSON

 Responsibility of the investigating

officer/investigator in homicide cases.
 Three (3) Phases of an investigation.
1. Why did the person die.
2. By what means and in what manner death
take place?
3. Who was responsible.
CRIMES AGAINST PERSON
 Responsibility of the investigating
officer/investigator in homicide cases.
The investigator burns three (3) bridges
(problem) behind him/her.
1. Bridge 1- The first bridge is burned when
the dead body is move. Before this is done, it
is imperative that photographs be taken,
measurements made, fingerprints searched
for and a host of other task carried out,
because when the body is once moved it can
never be put back again and the investigation
repeated exactly.
CRIMES AGAINST PERSON
 Responsibility of the investigating
officer/investigator in homicide cases.
Bridge 2- The next bridge is burn when the
body is embalmed. Consequently, in
performing an autopsy on a body that has
been embalmed, one of the most
important parts from which highly
valuable information can be obtained is
already missing.
CRIMES AGAINST PERSON

 Responsibility of the investigating

officer/investigator in homicide cases.
Bridge 3- when the body is buries or
cremated.
 CRIMES AGAINST PERSON
 Examination of the
Scene of a Homicide
Incident….
If a homicide
incident ends in failure, the
cause is usually an adequate
examination of the scene. When an
investigator arrives upon the scene
of a violent death, his activities
during the first 15 minutes will
largely determine the success or
failure of the complete
investigation.
CRIMES AGAINST PERSON
Immediate Necessary Equipment of
the investigator in Homicide investigation;

1. Investigator notebook
2. Police line
3. Situation may require
CRIMES AGAINST PERSON
Preliminary Procedures
1. Proceed to the scene promptly
a. Protection of life and property
b. The investigator should record the date and time (received
the call/info and its manner). Note the info of the caller.
c. Record the time of his/ her time of arrival at scene,
address and weather condition.
2. Preserve the crime scene
3. Describing the crime scene
4. Sketch the crime scene
5. Photograph the crime scene
CRIMES AGAINST PERSON
Errors to be avoided
a. Don’t allow fingerprints to be made of the deceased. The
proper time for this is later. Likewise, do not allow furniture
or other articles to be dusted for fingerprints until after the
photograph have taken and the body removed.
b. Do not smoke nor allow others to smoke in the room or
vicinity of the dead body.
c. Do not allow yourself to be photographed with the dead
body or captured with a captured suspect.
d. Do not express a theory to media as to what happened or
who is guilty.
CRIMES AGAINST PERSON

Moving the victim’s body.

“extreme caution is necessary”

CRIMES AGAINST PERSON
 Procedure at the Morgue
1. Remove all of the clothing and any
articles.
2. Tag should be made on the article came
from the victim’s body.
3. All articles recovered should be recorded
on the notebook as well as any
data/markings found in the victim’s
body.
CRIMES AGAINST PERSON
“Golden Rule”

Never touch, change or alter anything until identified,

measured, and photograph.
 Investigator’s activity 6. People vs Leon Ramos, Francisca De

1. US Vs Tayongtong 21 Phil 246 Ramos, Avelina Ramos

2. People vs Buenaventura Buling, G.R. 7. People Vs Montenegro 436 SCRA 33

No. L-13315 April 27, 1960 8. People vs Ricky Dinamling, G.R. No.

3. People vs BANAAG LINATOC And 199522, June 22, 2015

GERARDO LINATOC, G.R. No. L- 9. People Vs Bayambao 52 Phil 309

48974 March 20, 1944 10. People vs Jaurigue 76 Phil 124
4. People Vs Genito 425 SCRA 343 11. US Vs Ampar 37 Phil 201
5. US Vs Oanis
 Investigator’s activity
1. GR 228945, March 14, 2019

2. Intod v. Court of Appeals, G.R. No. 103119 8. People vs. Rommel Ronquill, G.R. No. 214762

October 21, 1992 9. People vs Joselito Almendral, G.R. No.

3. People vs. Balmores, 85 Phil. 493 (1950) 126025, July 6, 2004

4. PEOPLE vs. Gaudencio Mongado G.R. No. L- 10. People vs Ireneo Perez, G. R. No. 118332,

24877, June 30, 1969 March 26, 1997

5. People vs Guillermo Wacoy G.R. No. 213792, 11. GR 1896 February 16, 1950

June 22, 2015 12. G.R. No. 103119 October 21, 1992 SULPICIO

6. People vs. Juvy D. Amarela And Junard G. INTOD.

Racho, G.R. No. 225642-43

7. People vs. Mervin Gahi , G.R. No. 202976

 Note Taking
1. Nature of Incident (title of the case)
2. Weather Condition
3. Time of received: -
4. Date of received :-
5. NOV-
6. NOW-
7. NOS-
8. TOI-
9. DOI-
10. POI-
11. Brief (WHY and HOW) Remarks/status/ PS
 CRIMES
AGAINST PROPERTY

Revised Penal Code (Book II,

Title Ten)
Other Special Penal Laws

PSMS Eman M Mantala, MPA, Ph.D.

IIS-PNPA
“Wisdom is not
acquired save as
the result of
investigation”
Sara Teasdale
 Scope of Presentation
 Types of different types of crime
against property

PART I
• Robbery (Art 293)
• Theft ( Art 308)
• Estafa (315)
• Other Forms of Swindling & Deceit (Art 316)
• Arson (Art320)
• Malicious Mischief (Art 327)
PART II
• Special Penal Laws
What is personal property?

 The legal definition of personal property is

“anything besides land that may be subject to
ownership”. Thus, the main characteristic of
personal property is that it is movable, unlike
real property or real estate.

 "In broad and general sense, everything that is

the subject of ownership, not coming under
denomination of real estate. A right or interest
in things personal, or right or interest less than
a freehold in realty, or any right or interest
which one has in things movable.
 Types of personal property

1. Tangible property is personal property that

can be physically handled, such as clothes,
jewelry, furniture, etc.

2. Intangible personal property is property

that can’t be physically handled, such
as stocks, trust fund accounts, etc.
 Possession is a property interest under whic
h an individual can exercise power over somethin
g to the exclusion of all others.
It is a basic property right that entitles the possessor to;
(1) the right to continue peaceful possession against
everyone except someone having a superior right;
(2) the right to recover a chattel that has been wrong-
fully taken; and
(3) the right to recover damages against wrong-doers.
Possession requires a degree of actual control over t
he object, coupled with the intent to possess and exclude
others.

The law recognizes two basic types of possession

actual and constructive.
A person who exercises dominion or control over property not in his or her physical
possession is said to have that property in his or her “constructive possession.”
 OWNERSHIP

Independent and general right

of a person to control a thing
particularly in his possession,
enjoyment, disposition and recovery,
subject to no restrictions except
those imposed by the state or private
persons, without prejudice to the
provisions of the law.
 What is the difference
between ownership and
possession?
 Ownership involves the
absolute rights and legitimate
claim to an object. It means to
own the object by
the owner. Possession is more
the physical control of an
object. Ownership itself gives
the owner the right
to possession.
G.R. No. L-13081 March 20, 1918

US vs MOHAMAD UNGAL

It is well settled rule that

the possession of stolen goods is
prima facie evidence that the
possessor is liable.
 Article 293. Who are guilty of
robbery.--- Any person who, with intent
to gain, shall take any personal property
belonging to another, by means of
violence against or intimidation of any
person, or using force upon anything,
shall be guilty of robbery.
 Who is any person?
 Any person means - any sane and normal natural
person who is above 9 years old but under 15,
who acted with discernment, without any
compulsion of an irresistible force or an
uncontrollable fear of an equal or greater injury.
 Taking of property is always with violence or
intimidation against any person or force upon things.
 ROBBERY IN GENERAL

ELEMENTS OF ROBBERY

1) Personal Property
2) Belonging to another
3) Unlawful Taking
4) Violence against or intimidation of
any person, or force upon anything.
 GENERAL RULE:
 Violence or intimidation must be present before the taking of
personal property is complete.
 taking need not be immediately after the intimidation.

EXCEPTIONS: In Special Complex Crimes

WHEN THE VIOLENCE RESULTS IN:
 HOMICIDE
 RAPE
 INTENTONAL MUTILATION
 SERIOUS PHYSICAL INJURIES
 MAJOR CLASSIFICATIONS OF ROBBERY

1. Robbery with violence against, or

intimidation of persons

2. Robbery by the use of force upon

things
 CORPUS DELICTI
1. Only Personal Property may be the subject of
robbery or theft.
2. When real property is unlawfully taken, crime is
USURPATION (Art. 312 RPC) G.R. No. 139603,
July 14, 2000 Pp Vs CONCHITA QUINAO
3. Personal Property- generally, all property other
than real estate; such as goods, chattels, money,
notes, bonds, stocks ands choses in action,
including intangible property.
BELONGING TO ANOTHER, clarified
- property taken must not belong to the
offender (para. 2, Art. 4 RPC)
- a co-owner or partner cannot commit
robbery/or theft with regard the co-
ownership or partnership property.
- ownership is not required, mere possession
of the property taken against the victim is
sufficient.

PROPERTY TAKEN MUST BE AGAINST THE

WILL OF THE OWNER
- if property was delivered or received, no
robbery but estafa
 PRESUMPTION OF INTENT TO GAIN
- Intent to gain is presumed as a general rule
- Intent to gain, being a mental or internal act,
is deduced and can be proved by the
circumstances surrounding the commission of
the offense.

ABSENCE OF INTENT TO GAIN

- example- when personal property was taken
openly and avowedly under claim of title
proffered in good faith attended by violence,
although the claim of ownership is
untenable.
- will make the taking of personal property
grave coercion.
 SPECIAL COMPLEX CRIMES
- a secondary crime is committed by reason or on
occasion of the robbery, during or because of the
robbery.
- Robbery is the first and original premeditated
intention, otherwise the other crime would be the
proper charge. Intent controls.
- the law specially provides one penalty for two
offenses crimes committed.
 SPECIAL COMPLEX CRIMES, discussed

A. Robbery with Rape

 even if rape was committed in another place
and before the taking
 includes only consummated rape
 additional rapes will not increase the
penalty, since it is integrated in one
composite crime. No law consider the
number of rape as aggravating.
 Rape and homicide co-exist in the
commission of the robbery, rape considered
as aggravating.
B. Robbery with Homicide
- intent to gain/take property must precede killing
- appreciated even when secondary motive such as
vengeance
- homicide may precede or occur after robbery
- homicide to eliminate an obstacle to the commission
of robbery, to remove opposition or to suppress
evidence, to defend stolen goods, to facilitate escape
- even if the person killed is the robber himself or
innocent bystander
- even if the death of the person supervened by mere
accident
- fact of death and fact of robbery must be proved
and established.
C. Robbery with Arson

D. Robbery with Intentional Mutilation

- mutilation is the deprivation of a
person, either totally or partially, of
some essential organ for reproduction.
- penalty for the A, B, C, D- reclusion
perpetua to death.
E. Robbery with Serious Physical Injuries
(RSPI) resulting to insanity, imbecility,
impotency, or blindness;- reclusion
temporal, medium period to reclusion
perpetua.
ROBBERY W/ PHYSICAL INJURIES, MAX. PENALTY
WHEN COMMITED:
 in an uninhabited place
 by a band
 by use of firearm, plus separate charge of illegal possession of
FA
 by attacking a moving train, street car, motor vehicle or
airship
 on a street, road, railway or alley.

 The above must be alleged in the

information.
BAND - when at least 4 armed malefactors take part
in the robbery (Art. 296 of the Revised Penal Code)

 When robbery is not by a band, the robber who did

not take part in the assault or killing will not be
held liable for the latter, in the absence of
conspiracy.

 No crime of robbery with homicide or rape in

band.
 Robbery through Intimidation
1. intimidation is actual and immediate
2. intimidation is personal
3. directed against the person of the victim
4. gain is immediate

 Threats to extort money

1. intimidation is conditional and future
2. may be through intermediary
3. against person, honor or property
4. gain not immediate
EXECUTION OF DEEDS BY MEANS OF VIOLENCE
-Elements-
the offender has intent to defraud another the offender
compels him to sign, execute, or deliver any public instrument,
or document (private or public) the compulsion is by means of
violence or intimidation.
 - shall be held guilty of robbery and punished by penalties
prescribed by the same
When the offended party is under obligation to sign, execute
or deliver the document under the law, there is No robbery, but
coercion if violence is used to compel the offended party.

- NOT APPLICABLE WHEN THE DOCUMENT IS VOID.

 TWO KINDS OF ROBBERY WITH
FORCE UPON THINGS:

1. Robbery in an inhabited house or public

building or edifice devoted to religious
worship. (Art 299)

2. Robbery in an uninhabited place or in a

private building (Art 302)
INHABITED HOUSE - includes any shelter,
ship or vessel constituting the dwelling of
one or more persons even though the
inhabitants thereof are temporarily
absent therefrom when the robbery is
committed. (Art 301)

PUBLIC BUILDING - includes every

building owned by the Government or
belonging to a private person but used or
rented by the government, although
temporarily unoccupied by the same
(Supra)
BRIGANDAGE
 At least 4 armed persons
 They formed a band of robbers
 The purpose is any of the following:
 commit robbery in the highway

 kidnap persons for the purpose of extortion or to obtain ransom

 attain by means of force and violence any other purpose.

* If anyone carries an unlicensed firearm, all are presumed

highway robbers or brigands.
HIGHWAY- streets within, as well as roads outside the cities are
covered.

AIDING AND ABETTING A BAND OF BRIGANDS

Elements:
 there is a band of brigands;
 offender knows the band to be brigands;
 offender does any of the following acts;
 aids, abets or protect such band of brigands
 gives information on movements of police
 acquires or receives the property taken by such band of brigands
ANTI-PIRACY AND ANTI HIGHWAY ROBBERY LAW OF 1974 (PD
532)
- Anti-Highway robbery provisions of the decree, is substantially
the same with that of the RPC except that PD 532 declares
death as penalty if murder or homicide or rape was committed
as a result or on the occasion of kidnapping for ransom or
extortion.

Piracy is covered under separate chapter of RPC under Crimes

against National Security and Law of Nations.
 Art 308 of the RPC
Who are liable for THEFT?
1. those who:
a. with intent to gain
b. but without violence
against/intimidation of
persons or force upon
things;
c. take personal property of
another
d. without the latter’s
consent
2. those who:
a. having found lost property
b. fail to deliver the same to
the local authorities
3. those who:
a. after having maliciously damaged the property of another
b. remove or make use of fruits or object of damage caused by
them
4. those who:
a. enter an enclosed estate or a field where;
b. trespass is forbidden or which belongs to another and,
without consent of its owner;
c. hunt or fish upon the same or gather fruits, cereals or other
forest or farm products.
BASIS OF PENALTY OF THEFT

a. Value of thing stolen

b. value and nature of the property
c. circumstances or causes that impelled the
offender to commit the crime
 What is Article 310 of the Revised Penal Code?
a. committed by domestic servant
b. committed with grave abuse of confidence
c. property stolen is a motor vehicle, mail matter
or large cattle
d. property stolen consists of coconuts taken
from premises of plantation
e. property stolen is fish from fishpond or fishery,
and
f. property taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident/civil
disturbance.
* PENALTIES 2 DEGRESS HIGHER THAN
PROVIDED IN SIMPLE THEFT
* MUST BE ALLEGED IN THE INFORMATION
ALTERING BOUNDARIES OR LANDMARKS
ELEMENTS:
1) There be boundary marks or monuments of towns,
provinces, or estates, or any other marks to designate
boundaries of the same; and
2) offender alters said boundary marks

FRAUDULENT INSOLVENCY
ELEMENTS:
1. offender is a debtor; that he has obligations due and
payable;
2. he absconds with his property; and
3. there be prejudice to his creditors.
Art 315 of RPC ESTAFA (swindling)
ELEMENTS IN GENERAL:
1. The accused defrauded another;
 by abuse of confidence,
 by unfaithfulness, or,
 by means of deceit; and
2. damage or prejudice capable of pecuniary
estimation is caused to the offended party
or third person.

ESTAFA WITH UNFAITHFULNESS

1. offender has an onerous obligation to
deliver something of value, even though
 ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE

1. that money, goods, or personal property be received by

offender in trust, or on commission, or for administration,
or under any other obligation involving duty to make
delivery of, or to return the same;
2. that there be misappropriation or conversion of such
money or property by offender, or denial in his part of such
receipt;
3. that such misappropriation or conversion or denial is to
the prejudice of another
4. there be a demand made by the offended party to the
offender.
Nota Bene: Obligation to return or deliver the thing must be
contractual without transferring the ownership of the thing
received. Otherwise, only civil liability subsists.
 ESTAFA THRU FALSE PRETENSES OR
FRAUDULENT ACTS
Three (3) ways committed;
1) by using fictitious names
2) by falsely pretending to possess: a) power, b) influence, c)
qualification, d) property, e) credit, f) agency, g) business or
imaginary transactions.
3) by means of other similar deceits.

ESTAFA WITH ABUSE OF CONFIDENCE is a continuing offense

committed by private individuals. While MALVERSATION is
a continuing offense committed by a public officer
accountable for public funds or property by through
misappropriation, negligence or consent or permitting other
person to take public funds or property.
 ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN
BLANK
1) that the paper with signature of the offended party be in blank
2) that the offended party should have delivered it to offender
3) that above the signature of offended party a document is written
by offender without authority to do so; and
4) that the document so written creates a liability of or causes
damage to offended party or by third party

ESTAFA BY MEANS OF DECEIT

1) that there must be a false pretense, fraudulent act or means;
2) that such false pretense, fraudulent act or means must be made
or executed prior or simultaneously with the commission of the
fraud;
3) that the offended party must have relied on the false pretense,
fraudulent act or means, that is he was induced to part with his
money or property because of the false pretense, fraudulent act
or means; and,
4) that as a result thereof the offended party suffered damage.
ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN
PAYMENT OF AN OBLIGATION

1) offender post-dated a check or issued a check in payment

of an obligation; and
2) such postdating or issuing was done when offender had no
funds in the bank or the funds deposited therein were not
sufficient to cover amount of check.
 Batas Pambansa 22 (BOUNCING CHECKS LAW)
Paragraph 1 Sec 1
1) a person makes or draws and issues any check
2) check is made or drawn and issued to apply on account or
for value
3) person who makes or draws and issues the check knows that
at the time of issue, he does not have sufficient funds in or
credited with drawee abnk for the payment of such check in
full upon its presentment; and
4) check is subsequently dishonoured by drawee bank for
insuffiency of funds or credit, or would have been
dishonoured for the same reason had not the drawer for any
valid reason, ordered bank to stop payment.
Paragraph 2 Sec 1
1) a person has sufficient funds in or credit with drawee bank
when he makes or draws and issues a check;
2) he fails to keep sufficient funds or maintain a credit to cover
full amount of check if presented within a period of 90 days
from appearing thereon
3) check is dishonoured by the drawee bank.
 OTHER FORMS OF SWINDLING UNDER
THE RPC

1) Swindling by conveying, selling,

encumbering or mortgaging any real
property, pretending to be owner of the
same.
2) Disposing of real property as free from
encumbrance although such encumbrance
be not recorded
3) Wrongfully taking by the owner of his
personal property from its lawful possessor
4) Swindling by selling, or mortgaging or
 SWINDLING A MINOR
 offender takes advantage of experience or emotions of a minor
 he induces such minor to:
1) assume an obligation
2) give release, or
3) execute a transfer of any property right
 consideration is:
1) some loan of money;
2) credit, or
3) other personal property
 transaction is to the detriment of the minor
OTHER DECEITS:
1) By defrauding or damaging another by any
other deceit
2) By interpreting dreams, by making
forecasts, by telling fortunes, or by taking
advantage of the credulity of the public in
any other similar manner, for profit or gain.
REMOVAL OF MORTGAGED PERSONAL
PROPERTY
1) personal property mortgaged under Chattel
Mortgage Law (CML)
2) offender knows property is mortgaged

3) he removes such mortgaged property to

 SELLING OR PLEDGING PERSONAL
PROPERTY ALREADY PLEDGED
1) personal property already pledged under
CML
2) offender being mortgagor of the property
sell or pledges same or any part thereof;
and
3) no consent of mortgage written at the
back of mortgage in the office of the
Register of Deeds/

MALICIOUS MISCHIEF
1) offender deliberately caused damage to
S ECIAL CASES OF MALICIOUS MISCHIEF

1) Causing damage to obstruct the

performance of public functions
2) using any poisonous or corrosive
substance
3) spreading any infection or contagion
among cattle; or
4) causing damage to the property of the
National Library or National Library, or
to any archive or registry, waterworks,
road promenade or any other thing used
in common by the public.
 EXEMPTION OF PENALTY IN CRIMES AGAINST PROPERTY

(Theft, Swindling and Malicious Mischief only)

1. spouses, ascendants and ascendants, or

relatives by affinity in the same line
2. the widowed spouse with respect to
property which belonged to deceased
spouse before the same shall have passed
into the possession of another; and
3. brothers and sisters and brothers in law
and sisters in law, if living together.
 Only CIVIL LIABILITY
SPECIAL PENAL LAWS
PRESIDENTIAL DECREE 1613
 (Amending the Law on Arson, Art 320-326-B,
RPC)

ARSON is committed by any person who

burns or sets fire the property of another and
even against his own property under
circumstances which expose to danger the life
or property of another.
 DESTRUCTIVE ARSON

1) (Reclusion Temporal to Reclusion Perpetua)

2) Any ammunition factory and other
establishments where explosives,
inflammable or combustible materials are
stored;
3) Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services;
4) Any church or place of worship or other
building where people usually assemble;
5) Any train, airplane or any aircraft, vessel or
water craft or conveyance for transportation
 OTHER CASES OF ARSON
(Reclusion Temporal to Reclusion Perpetua)
1) Any building used as offices of the
government or any of its agencies
2) Any inhabited house or dwelling
3) Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel
4) Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest
5) Any rice mill, sugar mill, cane mill or central
mill
6) Any railway or bus station, airport, wharf or
warehouse.
SPECIAL AGGRAVATING CIRCUMSTANCES:

1) if committed with intent to gain

2) if committed for the benefit of another
3) if offender is motivated by spate or hatred towards owner or
occupant of property burned
4) if committed by a syndicate, meaning 3 or more persons.
 PRIMA FACIE EVIDENCE OF ARSON

1) started simultaneously in different parts of building

2) presence of substantial amount of flammable material not
necessary in building.
3) flammable material or other devices causing fire or traces
thereof are found in the building burned
4) building insured in amount in excess of value
5) if within term of single insurance policy more than 2 fires
have occurred in the same premises
6) if before fire, substantial amount of effects usually stored in
the building had been withdrawn
7) if money or other consideration was demanded in exchange
for desistance of offender, or for the safety of person or
property.

* mere conspiracy to commit arson is punishable

* no complex crime of arson with homicide, the latter deemed
absorbed
 PRESIDENTIAL DECREE 1612 (ANTI FENCING LAW)
FENCE - refers to any person, firm or association corporation or partnership
who/which committed the acts of fencing.
ELEMENTS OF FENCING
1) the crime of robbery or theft has been committed
2) the accused, who is not a principal or accomplice in the commission of the
crime of robbery or theft, buys, receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and sells, or in any manner deals in any
article, item, object or anything of value, which has been derived from the
proceeds of the said crime.
3) the accused knows or should have known that the said article, item or
object or anything of value has been derived from the proceeds of the crime
of robbery and theft.
4) there is, on the part of the accused, intent to gain for himself or another.
MERE POSSESSION OF ANY GOOD OR ARTICLE WHICH HAS BEEN THE
SUBJECT OF ROBBERY OR THIEVERY SHALL BE PRIMA FACIE EVIDENCE OF
FENCING
* CLEARANCE/PERMIT TO SELL SECONDHAND
ARTICLES REQUIRED.

Crimes of Robbery and Theft and Crime of Fencing

under PD 1612, ARE DISTINCT AND SEPARATE
OFFENSES.
 PRESIDENTIAL DECREE 133

(THEFT OF ANY MATERIAL, SPARE

PART OR PRODUCT THAT HE IS
WORKING ON BY EMPLOYEE OR
LABORER)
 PRESIDENTIAL DECREE 330

 (PUNISHING TIMBER SMUGGLING FROM , AND ILLEGAL

CUTTING OF LOGS, IN PUBLIC FORESTS)
 PRESIDENTIAL DECREE 533

 (ANTI-CATLLE RUSTLING LAW)

 REPUBLIC ACT 6539 "Anti-Carnapping Act of
1972."
"Carnapping" is the taking, with intent to gain, of a
motor vehicle belonging to another without the latter's
consent, or by means of violence against or intimidation of
persons, or by using force upon things.
Amended by;
RA 10883 “New Anti-Carnapping Act of 2016”
-punishes the crime of carnapping which refers to the
taking, with intent to gain, of a motor vehicle belonging to
another without the latter's consent, or by means of violence
against or intimidation of persons, or by using force upon
things.
 Carnapping, what is
important Possession or
ownership as a victim?
People of the Philippines vs. Garcia and
Bernabe,
G.R. No. 138470, 1 April 2003, that it does not
matter if the person from whom the motor vehicle
was taken is not the owner thereof. What is simply
required is that the property taken does not belong
to the offender.
 PRESIDENTIAL DECREE 534

 (Punishing Illegal Fishing With The Use Of

Explosives, poisonous Substances Or Electricity,
And Dealing In Illegally Caught Fish)
 PRESIDENTIAL DECREE NO 581

 (PUNISHING “HIGH GRADING” OR

THEFT OF GOLD-BEARING ORES OR
ROCKS FROM MINING CLAIM OR
CAMP)
Thank you and God bless us!
“They who are of opinion that
Money will do every thing, may
very well be suspected to do
every thing for Money”

Benjamin Franklin