SPECIAL CRIME INVESTIGATION

Deals with the study of major crimes based on the applications of special investigative techniques.
Cases subject of Special Crime Investigation:  Swindling or Estafa
 Homicide  Kidnapping
 Sex Crimes  Narcotics Control Investigation
 Robbery  Hit and Run Accident Investigation
 Arson

Crimes against Persons (Title VIII) Destruction of Life and Rape

Homicide Investigation - Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which expected to be unlawful.
Homicide - is another term for the killing of one person by another which is neither parricide, murder nor
infanticide. Homicide – is the unlawful killing of any person, which is neither murder, parricide nor
infanticide.
Elements of Homicide
 That a person was killed.
 That the accused killed him without any justifying circumstances.
 That the accused had the intention to kill, which is presumed.
 That the killing does not constitute murder, parricide or infanticide.
 Intent to kill is presumed if death result from the unjustified act. If death did not result from the
act, intent to kill is essential to prove attempted or frustrated homicide otherwise the crime may
be physical injuries only.

Responsibilities of a Homicide Investigator:

1. When called upon to investigate violent death, he stands on the dead man’s shoes to produce his
instincts against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the difference between a
murderer being convicted and set free.
3. If he interprets a criminal death was accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of criminal justice.

Mistakes in Homicide Investigation

1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns behind him. It is important
that competent personnel adequately handle the case.
Three Bridges:
 A. the dead body has been moved.
 B. the cadaver has been embalmed.
 C. the body has been cremated.
Basic Guide for the investigator to look upon must establish the following:
1. Corpus Delicti or facts that the crime was committed.
2. Method of operation of the suspect
3. Identity of the guilty party.
TROPHY vs. SOUVENIR
What is Trophy? What is Souvenir? How do they differ?
TROPHY: item (s) taken by the perpetrator from crime scenes, which have no particular dollar value. They
are taken to signify a conquest or victory; they may be given to significant females in the perpetrator’s life,
or may be discarded at a later date.
SOUVENIR: Items(s) taken by the perpetrator from the crime scene or victim, to be kept for himself. The
offender will use these items to relieve and fantasize about the crime at a later time. These items are
generally kept forever and should be listed in search warrant affidavits are a solid suspect is developed.
Will generally be founded in a special “secret hiding place”.
(Example: Panties, photos of victim’s relatives driver’s license, forms of identification bearing victim’s name
and/or photograph, jewelry, house/car key. Etc.)

ART. 246. PARRICIDE - It is committed by any person who shall kill his (1) father, (2) mother, or (3) child,
whether legitimate or illegitimate, or (4) any of his ascendants or descendants, or his (5) spouse.
Penalty: Reclusion Perpetua (20 yrs. And 1 day to 40 yrs.) To death.

Art. 247. Death or physical injuries inflicted under exceptional circumstances - Committed by any legally
married person who, having surprised his spouse in the act of committing sexual intercourse with another
person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them
any serious physical injury.
 These rules shall be applicable, under the same circumstances, to parents, with respect to their
daughters under 18 yrs. old, and their seducer, while daughters are living with their parents.

ART. 248. Murder

ELEMENTS OF MURDER:
1. with treachery, taking advantage of superior strength, with aid of armed men, or employing means to
weaken the defense or of means or persons to insure or afford impunity.

TREACHERY
a. TREACHERY means that the offender party was not given opportunity to make a defense.
b. To establish treachery, the evidence must show that the accused made some preparation to kill
the victim in such manner to insure the execution of the crime or make it impossible or hard for
the person attacked to defend him.
c. Abuse of superior strength and nighttime are absorbed in treachery.
d. d. The attack is executed in such a manner as to make it impossible for the victim to retaliate.
e. e. The killing of the victim frontally does not negate treachery when the victim was killed after
already being in a helpless condition.
f. f. It may also appreciated even if the attack was frontal but no less unexpected and sudden, giving
the victim no opportunity to repel it or offer any defense of his position.

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

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault
upon a railroad, fall of an airship, or by means of motor vehicles or with the use of any other means involving
great waste and ruin. (Loss of fortune).
4. on occasion of any of the calamities of an earthquake, eruption of a volcano, destructive cyclone,
epidemic or other public calamity.
5. with evident premeditation.

EVIDENT PREMEDITATION
 EVIDENT – Clear to the eye or judgment
 PREMEDITATION - is the act of mediating in advance; deliberation upon a contemplated act; a
design form to do something before it is done.
 The essence of premeditation is that the execution of the criminal act must be preceded by cool
thought and reflection upon the resolution to carry out the criminal intent during the space of time
sufficient to arrive at a certain judgment.
 There is no evident premeditation without proof of planning.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
Penalty: Reclusion Perpetua (20 yrs. & 1 day to 40 yrs.) to death.

ART.249 Homicide
 Committed by any person who, not falling within the provisions of Art. 246 (Parricide) shall kill
another without the attendance of any of the circumstances enumerated in Art. 248 (Murder) shall
be deemed guilty of homicide.
 Penalty: Reclusion temporal (12 yrs. and 1 day to 20 yrs.)
Elements of Homicide:
1. That the person was killed.
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any qualifying circumstances of murder, or by that of parricide or
infanticide.
PRINCIPLE:
“Treat all cases of death that you come across as a homicide at first, even suicides.”
ART 255. Infanticide
 Committed by any person who shall kill any child less than three days of age (less than 72 hours).
 Penalty: The penalty provided in parricide and murder shall be imposed.
 If the crime penalized in this article be committed by the mother of the child to conceal dishonor,
she shall suffer the penalty of prision mayor (6 yrs. & 1 day to 12 yrs.) if committed by maternal
grandparents or either of them, the penalty shall be reclusion temporal (12 yrs. &1 day to 20 yrs.).
HOMICIDE INVESTIGATION
 Homicide Investigation is a discovery process.
 The investigator seeks to discover and documents such as facts as type of death, identity of the
deceased, cause of death and motivation and identity of the perpetrator.
 In order to resolve these fundamental questions, the investigation will focus on the cadaver, crime
scene and post mortem examination.
  The cadaver is often of prime importance as an investigative factor. The victim’s body can reveal
much through examination of wounds and other types of tracing clues.

HOMICIDE INVESTIGATION PROCEDURE:

ESTABLISHING DEATH – the first essential step of homicide investigation is to establish that the victim is,
indeed, dead.

NOTE:
 Police officers do not have the legal authority to pronounce death, only physicians/medical doctor
can establish the facts of death.
 For this reason, the police officer should never assume death unless the condition of the victim’s
body demonstrates death in totally obvious manner.

IDENTIFYING THE CADAVER – the determination of identity of the victim is important because:
A. it will provide tracing clues to the motive and identity of the perpetrator.
B. the investigator can focus attention on the victim’s background and establish a possible motive through
such information.
INDOOR SCENES:
- Victims found in indoor scenes will normally have identifying data on the body, or such data will be
available throughout the crime scene.
OUTDOOR SCENES:
- Such evidence is normally not as readily available, since the victim is removed from the personal
environment and also outdoor scene may not be discovered for long period of time.
 In outdoor crime scene, evidence may be destroyed by elements of nature or will be lost.
 If there are no identifying papers on the victim’s person, the following shall be employed:
 Fingerprint identification
 Forensic Odontology – dental structures, general age determination.
 Skeletal remains – help determine identity if corresponding medical records can be located.

LAW OF MULTIPLICITY OF EVIDENCE - The greater the number of points of similarities and dissimilarities of
two persons compared, the greater is the probability for the conclusion to be correct.

ESTIMATING THE TIME OF DEATH (TOD) - A determination of the time of death should be attempted in all
homicide investigations. This fact is significant because of its investigative importance in corroborating or
disputing alibis, or in establishing the victim’s movement prior to death. Determination of death is not an
exact science.

1. Post Mortem Lividity/Livor mortis/Hypostasis

 It is the discoloration of the body after death when the blood tends to pool in the blood vessels
for the most dependent portion of the body.
 The blood remains fluid in the body after for 6-8 hours and gradually clot until it is fully developed
at about 8-12 hrs. The appearance of Post Mortem lividity usually stars about 20-30 minutes after
death, thus, it can also be a means in approximating the time of death of the person. But is more
useful in determining the position of the body after death.
  The investigator can press the dependent region of the skin and if it blanches, death has probably
occurred less than 12 hours. This becomes fixed after a while and can tell if the body has been
moved. This is not a reliable indicator of death but a better indicator whether the cadaver has been
moved after death.
The color lividity may indicates the sign of death:
 Carbon monoxide/cyanide poisoning – cherry red to pinkish color.
 Asphyxia – dark lividity
 Phosphorous poisoning – dark brown
2. RIGOR MORTIS
- Chemical reaction that causes rigidity in the muscle groups or stiffening of the body due to
disappearance of Adenosine Triphosphate (ATP) from the muscle.
- The hardening or stiffening of the muscle after death which starts 3-6 hours after death and
completes in 12 hours.
- Determines the approximate time of death.
- Rigor mortis disappears with decomposition.
- Cold and/or freezing will delay the onset of rigor mortis as well as prolong its presence.
- It initially appears in the smaller muscles such as the jaw and then gradually spread to upper and
lower extremities.
- Instantaneous rigidity can also be found following ingestion of cyanide and strychnine poison.

3. ALGOR MORTIS
 At death, the body starts to drop from its normal 98.6 degrees by a factor of 3 degrees the first
hour and a factor of 1 degree each subsequent hour.
 The body temperature is equal to the temperature of the surroundings after 12 hours. (CLE 1014)
 The fall of temperature of 15 to 20 degrees Fahrenheit is considered s a certain sign of death.
 Conclusive sign of death.
 Factors affecting Algor Mortis are the following:
1. Illness
2. Clothes
3. Obesity
4. Room temperature
Examination of the Cadaver at the Crime Scene:
 External post mortem appearance are very informative. The areas of the body showing lividity
indicate the position after death. Wounds and their appearance are particularly significant as they
often assist in reconstructing the circumstances of a crime, the nature of the murder weapon and
the manner of its use.
What is defense wound?
 These are the result of a person’s instinctive reaction of self-protection. It may be found on the
hand in the effort of the victim to grasp the wounding instrument or by raising the hand to protect
the vital parts of the body.
NOTE:
- Absence of defense wound does not eliminate the possibility that the victim made some form of
defense.
Other external violence marks:
 a. Abrasion d. Lacerated wound f. Punctured wounds
b. Contusion e. Stab wound g. incised wound
c. Hematoma
ABRASIONS - An injury characterized by removal of the superficial epithelial layer of the skin caused by a
rub or friction.
CONTUSIONS - effusion of blood into the tissues underneath the skin on account of a rupture of a blood
vessel as a result of the application of blunt force or violence.
HEMATOMA - It is the extravasation or effusion of blood in a newly formed cavity.
INCISED WOUND - This kind of wound is produced by forcible contact on the body by sharp edge instrument.
The location of incised wound is important because it may sometime determine as defense wound.
LACERATIONS - Blunt instrument is used. Edges are roughly cut, irregular and ill- defined.
STAB WOUNDS - It is a wound due to sharp pointed and sharp- edged instrument.
PUNCTURED WOUND – Wound produced by sharp pointed instrument and is characterized by small
opening of the wounds.

GUNSHOT WOUNDS - It is a result from the entry of a projectile into the body, and the frequent presence
of undispersed explosive gases. The relative size and appearance of the wound will be affected by the
distance from which the weapon was discharge. The closer the discharge to the skin, the greater the
damage due to explosive gases.

Location of the wound:

 If the wound is located in an area of the body that is relatively inaccessible to the victim, it is an
indication of homicide.
 It is also unusual for a suicide wound to be inflicted in an area other than the head or chest;
however, there have been a number of suicide cases involving wounds in extremities.
 Suicide note is a poor indicator of suicide or homicide.
Two types of GSW:
 1. POE – Point of Entrance/ entrance wound
 2. POX – Point of Exit/ Exit wound

Attributes of Gunshot Wound of Entrance

 General Rule: round or oval hole – outer table; beveling – inner table
 Smudging - blackening of the edge because of smoke.
 Singeing of hair
 Tattooing- burning dots
 Abrasion collar
Odd and Even Rule
 If the number of gunshot wounds of entrance and exit found in the body of the victim is even, the
presumption is that no bullet is lodged in the body,
 But if the number of gunshot wounds entrance and exit is odd, the presumption is that one or more
bullets might have been lodged in the body
THE EVIDENCE OF SUICIDAL GUNSHOT WOUND
1. A near-contact fire, evidenced by burning or tattooing around the wound.
2. Presence of one gunshot wound
3. Body part involved is accessible to the dexterous hand.
 4. Presence of suicide note
5. Wounding firearm is tightly held (cadaveric spasm)

RAPE & SEX CRIMES INVESTIGATION

 Under RA 8353 (Anti-Rape Law of 1997), rape now falls under Crimes against Persons, whereas it
used to be grouped under crimes against chastity in the Revised Penal Code.
 The new rape law introduces new features such as, a wife may charge her husband for rape (marital
rape);
 The victim is no longer limited to females,
Essential Elements of Rape: (1st Par.)
Elements of rape under the first paragraph:
1. That the offender is a man;
2) That the offender had carnal knowledge of a woman;
CARNAL KNOWLEDGE – means sexual intercourse, or the act of copulating; another term is coitus.
Essential Elements of Rape: (2nd Par.)
1) That the offender commits an act of sexual assault;
2) That the act of sexual assault is committed by any of the following means:
a) By inserting his penis into another person’s mouth or anal orifice;
b) By inserting any instrument or object into the genital or anal orifice of another person;
3) That such act is accomplished under any of the following circumstances:
A. By using force or intimidation; or
B. When the woman is deprived of reason or otherwise unconscious; or
C. By means of fraudulent machinations or grave abuse of authority; or
D. When the woman is under 12 years of age or is demented.
WHAT IS VIRGINITY?
 In medical sense, it is the condition of a woman where the hymen of her vagina is still intact or
unruptured.
 In legal sense, any female who is single and with good moral reputation is virgin.
 Virginity is not only lost through sexual intercourse but by bicycle riding or other strenuous physical
exertion on the part of the woman, or the insertion of an object while in the act of masturbation.
WHAT IS STATUTORY RAPE?
 The victim of rape is less than twelve years old, it is statutory rape.
 Even if the child consented to the sexual intercourse, her consent is not valid because by her age,
she could not give a valid consent.
Theft and Robbery Investigation
What is Robbery? INTERPOL defined robbery as “violent theft”
 Article 293 – Robbery in General
Any person who, with the intent to gain, shall take any personal property belonging to another by means
of violence or intimidation of any person, or by using force upon anything shall be guilty of robbery.
Rip Job – A method of safe breaking that uses electric drill and crow bar in their job operation.
Fob Worker – Thieves who employs handkerchief or “wife” to cover their operation.
Jimmy Entry – A technique employed by robbers by the use of an iron tool to gain entry.
Loitering – A modus operandi of bank robbers wherein a member of the group loiter in order to obtain
information.
Lush Worker – Thieves who steals from a drunk or sleeping passenger of a car or train.
Pickpockets – They are species of criminals endogenous in large cities or places with many congregation or
large crowded area.

Elements of Robbery
1. That there must be personal property.
2. That personal property belonging to another;
3. That there is violence against or intimidation of any person, or force upon anything.
4. That the taking must be with intent to gain; and

How Robbery is committed?

 The malefactors shall enter the house or building which the robbery was committed, by any of the
following means:
1. through an opening not intended for entrance.
2. By breaking any wall, roof, floor, breaking any window or door.
3. by using false key or picklocks
4. by fictitious name or pretending the exercise of public authority.
5. By breaking of doors or wardrobes, closets or any kind of locked or sealed furniture or receptacle
6. By taking such furniture or objects away to be broken or forced open outside the place of robbery.
General Types of Robbers:
1. Amateurs – motivated by greed, the desire for a thrill and self-testing.
2. Professionals – are those person who worked as robbers as a trade making it their living and having
no other means of income.
TWO TYPES OF ROBBERY (Based on RPC)
1. Intimidation or violence upon person.
2. Force upon things as means of entry to the house or building; and
Elements of Robbery
1. Unlawful taking of personal property. – The taking must be unlawful, if given in trust, the crime will be
estafa.
2. That personal property belonging to another;
A. Person from whom the property was taken need not be the owner, legal possession is sufficient.
B. name of the real owner is not essential as long as the personal property taken is not belong to the
accused except in the crime of robbery with homicide.
3. That the taking must be with intent to gain.
The intent to gain may be presumed from the unlawful taking of another’s property. However,
when one takes a property under the claim of ownership or title, the taking is not considered to be with
intent to gain. (US vs. Manluco, et.al. 28 Phil.360)
When there’s no intent to gain but there is violence in the taking – GRAVE COERCION.
4. That there is violence against or intimidation of any person, or force upon anything.
 As to the robbery with violence or intimidation – from the moment the offender gains possession
of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking
is complete.
 Violence and intimidation must be against the person of the offended party, not upon the thing.
GENERAL RULE: Violence or intimidation must be present before the “taking” is complete.
EXCEPTION: When the violence results in homicide, rape, intentional mutilation, or any of the serious
physical injuries in par. 1 and 2 of ART. 263, the taking of property is robbery complexes with any of the
crime under ART. 294, even if taking is already complete when violence was used by the offender.

• The use of force upon things:

- Thing must be taken out of the building.
- Entrance to the building by means described in ART. 299 and 302 – the offender must enter.
- The use of force here must refer to the force employed upon things in order to gain entrance into the
building or a house. (People vs. Adorno, C.A. 400.G.567).
• When both violence or intimidation and force upon things concur, it is robbery with violence.
Robbery vs. Theft
a. Both involved unlawful taking as an elements;
b. Both involved personal property belonging to another;
c. In both crimes, the taking is done with intent to gain;
d. In robbery, the taking is done either the use of violence or intimidation of person or the
employment of force upon things; whereas in theft, the taking is done simply without the
knowledge and consent of the owner.
WHAT IS THEFT?
 Art. 308. - any person who, with intent to gain but without violence against or intimidation of
persons nor force upon things, shall take personal property of another without the latter's
consent.
1. Having found lost property, shall fail to deliver the same to the local authorities or to its owner;
2. after having maliciously damaged the property of another, shall remove or make use of the fruits or
object of the damage caused by him; and
3. Enter an enclosed estate or a field where trespass is forbidden or which belongs to another and
without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other
forest or farm products.

Robbery Investigation: Physical evidence to be collected

 Footprints
 Fingerprints
a. Areas of break c. Door knobs f. bottles and glasses
b. Closets – prints may be d. Dressers g. walls
found in door and jambs e. Pieces of furniture h. Tools

RA 6539
– The “Anti-Carnapping Act of 1972” August 26, 1872 – the Effectivity and approval of this law.
ELEMENTS OF CARNAPPING
 Unlawful taking
 Intent to gain
 Motor vehicle belonging to another
 Lack of owners consent
 By violence or intimidation against persons or force upon things.
“Defacing or Tampering with”
  “Defacing or tampering with” a serial number is the erasing, scratching, altering or changing of
the original factory-inscribed serial number on the motor vehicle engine, engine block or chassis
of any motor vehicle.
 Whenever any motor vehicle is found to have a serial number on its motor engine, engine blocks
or chassis which is different from what is listed in the records of the Bureau of Customs for motor
vehicle shall be considered to have a defaced or tampered with serial numbers.

MACRO ETCHING VS. MICRO ETCHING

MACRO ETCHING—It is the chemical process of determining the authenticity of the engine and chassis
numbers of a motor vehicle which is a requirement before a clearance is used for registration of newly
transferred vehicle from the dealers, owners or buyers.
MICRO ETCHING—it is the chemical process of restoring erased or tampered engine and chassis numbers.
The process is by continuous application of strong acid on the suspected tampered or erased numbers.

Anti-Piracy and Anti-Highway Robbery Law of 1974 (P.D. 532)

 Piracy- any attack upon or seizure of any vessel, or taking away of the whole or part thereof or its
cargo, equipment or the personal belonging of its complements or passengers.
 Highway Robbery/ Brigandage - 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 against or
intimidation of persons or force upon things of other unlawful means committed by any person
or any Philippine highway.
Anti-Fencing Law of 1979 (PD1612)
FENCING is the act of any person; who, with intent to gain, for himself or for another shall buy, posses,
keep, acquire, conceal, sell or in any other deal on any articles, items, objects or anything of value which
he knows to have been derived from the proceeds of crime or robbery or theft.
 It include any person, firm, organization, association, or corporation or partnership and other
organization who which commits the act of fencing.
Art. 267 – Kidnapping and Serious Illegal Detention
ELEMENTS:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty.
3. That the act of detention or kidnaping must be illegal.
4. That in the commission of the offense, any of the following circumstances are present:
5. That the kidnapping or detention lasts for more than 3 days.
6. That is committed simulating public authority
7. That any serious physical injuries are inflicted upon person kidnapped or detained or threats to
kill him are made; or
8. That the persons kidnapped is a minor, female, or a public officer.
Important factors in kidnapping cases:
1. The safe return of the victim
2. Identification and apprehension of the suspect.
Initial Investigative Procedures:
1. Thorough interview of the victim if already released.
2. Search of the crime scene
3. Interview of possible witnesses
4. Checking the modus operandi
5. Possible identification through photographic files.
6. Coordination with other law enforcement agencies.

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