University of Cagayan Valley

SCHOOL OF CRIMINOLOGY
Balzain Highway, Tuguegarao City 3500

Name of Student: ____________________________ Year/Section: _______________

Subject: ___________________________________ Teacher: ___________________

MODULE NO. 1 – Preliminary Coverage

TITLE SPECIAL CRIME INVESTIGATION WITH
INTERROGATION
INTRODUCTION Special Crime Investigation deals with the study of major
crimes based on the application of special investigative
technique. The investigation concentrates more on physical
evidence, its collection, handling, identification and preservation
in coordination with the crime laboratory. Special Crime
Investigation involves a close relationship between the prober
in the field and the crime laboratory technician. They work
together as a team, reacting to and extending one another’s
theories and findings both working patiently and thoroughly to
solve a crime from their investigative discoveries. The present
criminal justice system in our country, the court relies more on
physical evidence rather than extra-judicial confession.
LEARNING At the end of the semester, students shall be able to:
OBJECTIVES • To know the salient and related provisions under the
1987 Constitution and R.A. No. 7438.
• To know the origin and identify cases related to the
safeguards of persons under custodial investigation.
• To determine the approach in the conduct of
investigation particularly in specific crimes.
• To apply the method utilized in their investigation.
LEARNING Students in all sections of this course will learn the following
OUTCOMES content:
1. Legal Safeguards of person under custodial
investigation.
2. The evolution of custodial rights.
DISCUSSION/SITUATIONAL
ANALYSIS AND CONTENT

LEGAL SAFEGUARDS OF PERSON UNDER CUSTODIAL

INVESTIGATION
ARTICLE III
BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.

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.

Section 3. (1) The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order requires otherwise,
as prescribed by law. (2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of

the press, or the right of the people peaceably to assemble and petition the government
for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting

the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by
law shall not be impaired except upon lawful order of the court. Neither shall the right to
travel be impaired except in the interest of national security, public safety, or public health,
as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official
acts, transactions, or decisions, as well as to government research data used as basis
for policy development, shall be afforded the citizen, subject to such limitations as may
be provided by law.

Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall
not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

Section 12. (1) 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 afford the services
of counsel, he must be provided with one. These rights cannot be waived except in writing
and in the presence of counsel.cr (2) 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.cr (3)
Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.cr (4) The law shall provide for penal and civil
sanctions for violations of this section as well as compensation to the rehabilitation of
victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.cr (2) In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved, and shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of the
accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion, when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations. (2) No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of
physical, psychological, or degrading punishment against any prisoner or detainee or the
use of substandard or inadequate penal facilities under subhuman conditions shall be
dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense.
If an act is punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

REPUBLIC ACT NO. 7438

April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR

UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF

Section 1. Statement of Policy. - It is the policy of the Senate to value the dignity of
every human being and guarantee full respect for human rights.

Sec. 2. Rights of Persons Arrested, Detained or under Custodial Investigation; Duties of

Public Officers.
(a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place,
who arrests, detains or investigates any person for the commission of an
offense shall inform the latter, in a language known to and understood by him,
of his rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation.
If such person cannot afford the services of his own counsel, he must be
provided with a competent and independent counsel by the investigating
officer.

(c) 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.

(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 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.

(e) Any waiver by a person arrested or detained under the provisions of Article
125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel; otherwise
the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be

allowed visits by or conferences with any member of his immediate family, or
any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-
governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly accredited
by the Office of the President. The person's "immediate family" shall include
his or her spouse, fiance or fiancee, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or
ward.

As used this Act, "custodial investigation" shall include the practice of issuing
an "invitation" to a person who is investigated in connection with an offense
he is suspected to have committed, without prejudice to the liability of
the "inviting" officer for any violation of law.
Sec. 3. Assisting Counsel. - Assisting counsel is any lawyer, except those directly
affected by the case, those charged with conducting preliminary investigation or those
charged with the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the
following fees:
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is
chargeable with light felonies;

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave of grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot pay
such fee, the province comprising such municipality or city shall pay the fee: Provided,
That the Municipal of City Treasurer must certify that no funds are available to pay the
fees of assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and

the suspected person can only be detained by the investigating officer in accordance with
the provisions of Article 125 of the Revised Penal Code.

Sec. 4. Penalty Clause. - (a) Any arresting public officer of employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation
of his right to remain silent and to have competent and independent counsel preferably
of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of
imprisonment of not less than eight (8) years but not more than ten (10) years, or both.
The penalty of perpetual absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a officer or employee or anyone acting
upon orders of such investigating officer or in his place, who fails to provide a competent
and independent counsel to a person arrested, detained or under custodial investigation
for the commission of an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstruct, persons or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, of from
examining and treating him, or from ministering to his spiritual needs, at any hour of the
day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less
than four (4) years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).

The provisions of the above Section notwithstanding, any security officer with
custodial responsibility over any detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and prevent his escape.

Sec. 5. Repealing Clause. - Republic Act No. No. 857, as amended, is hereby repealed.
Other laws, presidential decrees, executive orders or rules and regulations, or parts
thereof inconsistent with the provisions of this Act are repealed or modified accordingly.

Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in any daily newspapers of general circulation in the Philippines.

MIRANDA WARNING

1. YOU HAVE THE RIGHT TO REMAIN SILENT.

2. ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU
A COURT OF LAW.
3. YOU HAVE THE RIGHT TO TALK TO A LAWYER AND HAVE HIM
PRESENT WITH YOU WHILE YOU ARE BEING QUESTIONED.
4. IF YOU CANNOT AFFORD TO HIRE A LAWYER, ONE WILL BE
APPOINTED TO REPRESENT YOU BEFORE ANY QUESTIONING
IF YOU WISH.
5. YOU CAN DECIDE AT ANY TIME TO EXERCISE THESE RIGHTS
AND NOT ANSWER ANY QUESTIONS OR MAKE ANY STATEMENTS.

STATEMENTS.
WAIVER
DO YOU UNDERSTAND EACH OF THESE RIGHTS I HAVE EXPLAINED TO YOU?
HAVING THESE RIGHTS IN MIND, DO YOU WISH TO TALK TO US NOW?

THE EVOLUTION OF CUSTODIAL RIGHTS

MIRANDA V. ARIZONA.

On March 13, 1963, petitioner, Ernesto Miranda, was arrested at his home and
taken in custody to a Phoenix police station. He was there identified by the complaining
witness. The police then took him to "Interrogation Room No. 2" of the detective bureau.
There he was questioned by two police officers. The officers admitted at trial that Miranda
was not advised that he had a right to have an attorney present. Two hours later, the
officers emerged from the interrogation room with a written confession signed by Miranda.
At the top of the statement was a typed paragraph stating that the confession was made
voluntarily, without threats or promises of immunity and "with full knowledge of my legal
rights, understanding any statement I make may be used against me." 67
At his trial before a jury, the written confession was admitted into evidence over
the objection of defense counsel, and the officers testified to the prior oral confession
made by Miranda during the interrogation. Miranda was found guilty of kidnapping and
rape. He was sentenced to 20 to 30 years' imprisonment on each count, the sentences
to run concurrently. On appeal, the Supreme Court of Arizona held that Miranda's
constitutional rights were not violated in obtaining the confession and affirmed the
conviction. 98. In reaching its decision, the court emphasized heavily the fact that Miranda
did not specifically request counsel.

We reverse. From the testimony of the officers and by the admission of

respondent, it is clear that Miranda was not in any way apprised of his right to consult with
an attorney and to have one present during the interrogation, nor was his right not to be
compelled to incriminate himself effectively protected in any other manner. Without these
warnings the statements were inadmissible. The mere fact that he signed a statement
which contained a typed-in clause stating that he had "full knowledge" of his "legal rights"
does not approach the knowing and intelligent waiver required to relinquish constitutional
rights.

BROWN V. MASSISSIPPI

Raymond Stuart, a white planter, was murdered in Kemper County, Mississippi on

March 30, 1934. Arthur Ellington, Ed Brown, and Henry Shields, three black tenant
farmers, were arrested for his murder. At the trial, the prosecution's principal evidence
was the defendants' confessions to police officers. During the trial, however, prosecution
witnesses freely admitted that the defendants confessed only after being subjected to
brutal whippings by the officers:

"... defendants were made to strip and they were laid over chairs and their backs were
cut to pieces with a leather strap with buckles on it, and they were likewise made by the
said deputy definitely to understand that the whipping would be continued unless and until
they confessed, and not only confessed, but confessed in every matter of detail as
demanded by those present; and in this manner the defendants confessed the crime,
and, as the whippings progressed and were repeated, they changed or adjusted their
confession in all particulars of detail so as to conform to the demands of their torturers.
When the confessions had been obtained in the exact form and contents as desired by
the mob, they left with the parting admonition and warning that, if the defendants changed
their story at any time in any respect from that last stated, the perpetrators of the outrage
would administer the same or equally effective treatment.

"Further details of the brutal treatment to which these helpless prisoners were
subjected need not be pursued. It is sufficient to say that in pertinent respects the
transcript reads more like pages torn from some medieval account than a record made
within the confines of a modern civilization which aspires to an enlightened constitutional
government. One defendant had also been subjected to being strung up by his neck from
a tree in addition to the whippings. The confessions were nevertheless admitted into
evidence, and were the only evidence used in the subsequent one-day trial. The
defendants were convicted by a jury and sentenced to be hanged. The convictions were
affirmed by the Mississippi Supreme Court on appeal.

ESCOBEDO V. ILLINOIS

Danny Escobedo's brother-in-law, Manuel Valtierra, was shot and killed on the
night of January 19, 1960. Escobedo was arrested without a warrant early the next
morning and interrogated. However, Escobedo made no statement to the police and was
released that afternoon. Subsequently, Benedict DiGerlando, who was in custody and
considered another suspect, told the police that indeed Escobedo fired the fatal shots
because the victim had mistreated Escobedo's sister. On January 30, again, the police
arrested Escobedo and his sister, Grace. While transporting them to the police station,
the police explained that DiGerlando had implicated Escobedo, and urged him and Grace
to confess. Escobedo again declined. Escobedo asked to speak to his attorney, but the
police refused, explaining that although he was not formally charged yet, he was in
custody and could not leave. His attorney went to the police station and repeatedly asked
to see his client, but was repeatedly refused access. Police and prosecutors proceeded
to interrogate Escobedo for fourteen and a half hours and repeatedly refused his request
to speak with his attorney. While being interrogated, Escobedo made statements
indicating his knowledge of the crime. After conviction for murder, Escobedo appealed on
the basis of being denied the right to counsel.

TERRY V. OHIO

The Terry case involved an incident that occurred in Cleveland, Ohio, on October
31, 1963, when a local policeman, Martin McFadden, noticed two men standing on a
street corner in the city's downtown area. He watched one of the men, John W. Terry,
walk down the street, stop, look into a store window, then briefly continue on before
turning around, walking back to look into the same store window, and returning to talk
with the other man. The other man, Richard Chilton, then performed the same routine.
McFadden watched the pair repeat this activity about a dozen times. A third man then
joined them, and they walked up the street together. McFadden thought that the men
were "casing" the store in preparation for robbing it, so he followed and confronted them.
He asked the men's names, then patted down Terry and Chilton's exterior clothing and
discovered that they both had pistols in their jacket pockets.

McFadden arrested Terry and Chilton, and they were both charged with illegally
carrying concealed weapons. At trial, Terry's lawyer made a motion to suppress the
evidence of the discovered pistol, arguing that the "frisk" by which McFadden had
discovered it was a violation of the Fourth Amendment, and so per the exclusionary rule
it should not be admitted as evidence. The trial judge denied his motion on the basis that
the "stop-and-frisk" was generally presumed legal, and Terry was convicted. He appealed
to the Ohio District Court of Appeals, which affirmed his conviction, then appealed to the
Supreme Court of Ohio, which dismissed his appeal. He then appealed to the U.S.
Supreme Court, which agreed to hear his case and granted certiorari.
DAUBERT CASE

Jason Daubert and Eric Schuller had been born with serious birth defects. They
and their parents sued Merrell Dow Pharmaceuticals Inc., a subsidiary of Dow Chemical
Company, in a California District Court, claiming that the drug Bendectin had caused the
birth defects. Merrell Dow moved the case to federal court, and then moved for summary
judgment because their expert submitted documents showing that no published scientific
study demonstrated a link between Bendectin and birth defects. Daubert and Schuller
submitted expert evidence of their own that suggested that Bendectin could cause birth
defects. Daubert and Schuller's evidence, however, was based on in vitro and in vivo
animal studies, pharmacological studies, and reanalysis of other published studies, and
these methodologies had not yet gained acceptance within the general scientific
community.

In United States federal law, the Daubert standard is a rule of evidence regarding
the admissibility of expert witness testimony. A party may raise a Daubert motion, a
special motion in limine raised before or during trial, to exclude the presentation of
unqualified evidence to the jury.

FRYE CASE

This standard comes from Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), a
case discussing the admissibility of systolic blood pressure deception test as evidence.
The Court in Frye held that expert testimony must be based on scientific methods that
are sufficiently established and accepted.

The Frye standard, Frye test, or general acceptance test is a test used in United
States courts to determine the admissibility of scientific evidence. It provides that expert
opinion based on a scientific technique is admissible only when the technique is generally
accepted as reliable in the relevant scientific community.
University of Cagayan Valley
SCHOOL OF CRIMINOLOGY
Balzain Highway, Tuguegarao City 3500

Name of Student: ____________________________ Year/Section: _______________

Subject: ___________________________________ Teacher: ___________________

MODULE NO. 2 – Preliminary Coverage

TITLE SPECIAL CRIME INVESTIGATION WITH
INTERROGATION
INTRODUCTION Special Crime Investigation deals with the study of major
crimes based on the application of special investigative
technique. The investigation concentrates more on physical
evidence, its collection, handling, identification and preservation
in coordination with the crime laboratory. Special Crime
Investigation involves a close relationship between the prober
in the field and the crime laboratory technician. They work
together as a team, reacting to and extending one another’s
theories and findings both working patiently and thoroughly to
solve a crime from their investigative discoveries. The present
criminal justice system in our country, the court relies more on
physical evidence rather than extra-judicial confession.
LEARNING At the end of the semester, students shall be able to:
OBJECTIVES • To know the salient and related provisions under the
1987 Constitution and R.A. No. 7438.
• To know the origin and identify cases related to the
safeguards of persons under custodial investigation.
• To determine the approach in the conduct of
investigation particularly in specific crimes.
• To apply the method utilized in their investigation.
LEARNING Students in all sections of this course will learn the following
OUTCOMES content:

1. Scene of the Crime Operations (SOCO)

2. National Bureau of Investigation (NBI)
DISCUSSION/SITUATIONAL
ANALYSIS AND CONTENT
SCENE OF THE CRIME OPERATION (SOCO)

Scene of Crime Operation is a forensic procedure performed by the trained

personnel of the PNP Crime Laboratory through scientific methods of investigation for the
purpose of preserving the crime scene, gathering information, documentation, collection,
and examination of all physical evidence.

Mission

The SOCO shall provide forensic expertise to criminal investigation by preserving,

securing, and if need be, by scientifically reconstructing the crime scene for the collection,
documentation, and forensic examination of all collected physical evidence with the end
view of establishing fact/s relative to a criminal incident.

General objectives

1. To conduct forensic investigations through methodical means of collection,

examination, preservation, and presentation of all evidence for final disposition of
criminal cases.

2. To enable the police investigating/line units to expeditiously identify and arrest the
criminal perpetrators through the collected and examined physical evidence.

3. To establish the facts before the competent courts based on collected and
examined physical evidence.

4. To strictly adhere to the protocols governing forensic science.

5. To progressively acquire new technology and human skills to ensure that the
operational capabilities shall be consistent with the continuous and evolving
threats to public safety.

Functions

1. It shall determine and delineate the crime scene.

2. It shall preserve and ensure the protection of the crime scene.

3. It shall conduct methodical search for all available evidence in the crime scene.

4. It shall methodically document the crime scene.

5. It shall methodically collect and transport all available physical evidence from the
crime scene to the PNP Crime Laboratory for the purposes of appropriate forensic
examinations.

6. As required, it shall present before any competent court and/or any legally
mandated agencies its forensic findings and the expert testimonies of the SOCO
elements.

GENERAL SOCO PROCEDURES

1. PREPARATION PRIOR TO THE CONDUCT OF SOCO

§ Ensure the availability of packaging and collection materials necessary for
typical search circumstances.

§ Prepare preliminary format for the paperwork needed to document the conduct
of search.

§ Discuss upcoming search with the involved personnel.

§ Make preliminary personnel assignments before arrival at the scene if

applicable.

§ Consider the safety and comfort of search personnel. Be prepared for probable
impediments which maybe poise by weather or terrain. Ensure the basic crime
scene search equipments are functional. These could consist of the
communication, lighting, first aid, and security equipments.

§ Ensure that all SOCO Team elements tasked to enter the crime scene must
wearing surgical gloves and other protective gears as maybe necessary.

§ Assess the personnel assignments normally required to successful process a

crime scene and ensure that such assignments are keeping with the training,
experience. Attitude, and aptitude of each individual.

2. CRIME SCENE APPROACH

§ Be alert for discarded evidence

§ Make pertinent notes about the condition of crime scene based on the
systematic observation and scene assessment.

§ Establish frame-of-mind to take control of scene regardless of circumstance

observed on arrival.

§ Consider the personnel safety.

3. PRELIMINARY CRIME SCENE SURVEY
§ The survey is an organizational stage to a planned search.

§ A cautious walk-through of the scene must be accomplish by the Team leader.

§ The SOCO Team leader provides and ensures operational focus of the team.

§ Select appropriate narrative description techniques that should provide answers

to the 5W’s and 1H.

§ Organize methods and procedures needed to recognize special problem areas.

§ Make an extensive narrative notes on the physical and environmental conditions

of the crime scene based on the exact locations of items found thereat and
condition of the crime scene as received from the investigator on case.

4. EVALUATION OF PHYSICAL EVIDENCE

§ This evaluation begins upon arrival at the scene and becomes detailed in
preliminary survey stage.

§ Based on preliminary survey, establish evidence types most likely to be

encountered.

§ Ensure that collection and packaging equipment is sufficient for task at hand.

§ Ensure that all personnel are aware of the great variety of possible evidence.

§ Focus first on the easily accessible areas in open view and progress eventually
to possible out-of-view locations.

§ Consider whether the evidence appears to have been moved inadvertently.

§ Evaluate whether or not the scene and evidence appears intentionally

contrived.

5. NARRATIVE DESRIPTION OF THE CRIME SCENE

§ The narrative is running, general terms description of the condition of the crime
scene.

§ Photography supplements narrative description of the crime scene.

§ Do not permit narrative effort to degenerate into a sporadic and unorganized

attempt to recover physical evidence.

6. CRIME SCENE PHOTOGRAPHY / VIDEOGRAPHY

§ Begin photographing the crime scene as soon as possible.

§ Document the photographic effort with a photograph log.

§ Ensure the progression of overall, medium and close up views of the scene is
established.

§ Photograph evidence in place before its collection and packaging.

§ Photograph items, places etc., to corroborate statement of witnesses, victims,

suspects.

§ Take photograph from the eye level, when feasible, to represent scene as would
be observed by normal view.

§ Prior to lifting of latent fingerprints, photographs should be taken

7. SKETCH OF CRIME SCENE

§ The diagram establishes permanent records of items, conditions and distance /
size relationships – diagram supplement photographs.

§ Number designations on sketch should be coordinated with same number

designations on evidence log.

§ The sketch should contain sufficient measurements and detailed to be used as

a model for drawn to scale diagram, or indicate a disclaimer if not drawn to scale.

8. DETAILED CRIME SCENE SEARCH

§ Conduct search in a general manner and work to the specifics regarding
evidence items.

§ Photograph all items before collection and enter notation in photographic log.

§ Mark evidence locations on diagram/sketch.

§ Do not handle evidence excessively after recovery.

§ Seal all evidence containers at the crime scene.

9. PHYSICAL EVIDENCE RECORDING AND COLLECTION

§ Tag and photograph evidence in a place before collection.

§ Methodically record the recovered evidence. Mark evidence (mark item itself
whenever feasible)

§ Place identifying marks in evidence containers.

10. FINAL CRIME SCENE SURVEY
§ Discuss search jointly with all personnel for completeness.

§ Double-check documentation to detect inadvertent errors.

§ Check to ensure all evidence is accounted for before departing the scene.

§ Ensure all equipment used in search is gathered.

§ Make sure possible hiding places or difficult access areas have not been
overlooked in detailed search.

11. TURN-OVER/RELEASE OF THE CRIME SCENE TO INVESTIGATOR-ON-

CASE
§ Ensure that appropriate inventory has been provided.

§ Release the scene with notion that there is only one chance to perform the job
correctly and completely.

§ Release is accomplished only after completion of the final survey and proper
documentation.

SOCO EQUIPMENTS AND OTHER LOGISTICAL SUPPORT

1. SOCO Team Element’s Uniform – The individual elements uniform shall be
constituted by the following;
§ SOCO Uniform – It shall be UESB approved uniform

§ Personal Equipment Rig

§ Firearm

§ UV Black light/ 3 ALS/Polylite

§ Hand gloves/shoe covers

§ Poncho (Raincoat with reflector)

2. Team Equipment – The SOCO Van must contain the following basic equipments;
§ Search Light

§ Medical Litter – This shall utilized by the SOCO Team in moving the injured
from crime scene to the vehicle that would transport it to the nearest hospital in
the absence of first aid responders.
§ Medical First Aid Kit – This shall be standardized equipment as part of the
SOCO capability to respond to medical emergencies.

§ Radio Communication Equipment – This shall be the standard communication

equipment to afford communication between SOCO Team and the Crime
Laboratory Office.

§ SOCO Kit

§ One (1) Long Firearm – The SOCO Van shall have one (1) long firearm with
(1) corresponding basic ammunition load as team defense equipment to be
handled by the security personnel.

SOCO COMPOSITION/TASKS
1. Team Leader
§ Responsible for the performance and work product of the SOCO and its
individual members at the crime scenes.

§ Assume Control – Ensure safety of personnel and the security at scene,

including the designation of a trained individual responsible for assessing
potentially hazardous conditions/environment at the scene.

§ Conduct initial work through for the purposes of safety, making preliminary
survey, evaluation of potential evidence, and preparing a narrative description.

§ Designate command post location and ensure exchange of information

between search and investigative personnel.
§ Determine search patterns and make appropriate assignments for team
members.

§ Coordinate with other law enforcement agencies and make sure a cooperative
spirit id maintained.

§ Ensure that sufficient supplies and equipment are available for personnel –
consider shift planning.

§ Control access to the scene and designate an individual to log everyone.

§ Act as PIO/Spokesperson at the crime scene.

§ Responsible for the consolidation/compilation of reports, documents, and

evidence gathered by the reinforcing SOCO Team.

§ Continuously re-evaluate efficiency of the search during entire course of

operation.
§ Release the scene after a final survey and inventory of the evidence.

2. Photographer
§ Photograph entire area before it is entered.

§ Photograph victims, crowd and vehicles.

§ Photograph the entire scene with overall, medium and close-up coverage,
using measurement scale when appropriate.

§ Photograph major evidence items before they are moved.

§ Photograph all latent fingerprints, and other impression evidence, before lifting
and castling is accomplished.

§ Photograph blueprints, maps and previous photographs of the scene, as

required.

§ Take final photographs to show final condition as released.

3. Sketcher
§ Diagram immediate area of scene. It must be oriented to the north.

§ Set forth on sketch major items of evidence and coordinate evidence

nomenclature with the evidence custodian and evidence collector/processors.

§ Indicate adjacent buildings, rooms, furniture, and so forth, as needed.

§ Designate and labels areas to be search and advise team leader and all other
searches members of nomenclature for designated areas.

§ Obtain appropriate assistance for taking measurements and list assistant (s)
on sketch.

§ Ensure necessary administrative information, such as scale disclaimer (not

drawn to scale), is recorded on sketch.

4. Evidence Log Recorder/Custodian

§ Prepare evidence recovery log.

§ Coordinate evidence nomenclature with the sketcher, Photographer and

Evidence Collector/processors.

§ Record all evidence.

§ Receive all evidence.

§ Undertake evidence packaging and preservation

§ Maintain chain-of-custody of the evidences.

§ Coordinate transmittal of evidence to the concerned laboratory technical

division for examination.

5. Driver/Security
§ Coordinate with the supply PNCO to ensure that the vehicle is properly
maintained.

§ Provide physical security to the SOCO elements and equipment.

6. Evidence Processor/Collector
This generally refers to the different forensic specialists, who by virtue of
their specializations, are necessary to identify, collect, examine, and present
before the courts evidence at the crime scene. The services of these forensic
specialists shall attached to the SOCO requirements of the reported crime scene.
There are crime incidence where not all forensic specialists are needed to process
the scene.

7. Forensic Specialists
§ Refers to the PNP Crime Lab personnel who by academic preparation, series
of specialized trainings, and/or occupational exposure had acquired technical
expertise in any of the following PNP Crime Laboratory’s core competencies;

§ Biological Science or any of its branches

§ Physical Science or any of its branches

§ Physical Identification

§ Firearms Identification

§ Fingerprint Identification

§ Document Examination

§ Polygraph Examination

§ Forensic Photography
NATIONAL BUREAU INVESTIGATION

Filipino: Pambansang Kawanihan ng Pagsisiyasat,

Is an agency of the Philippine government under the Department of Justice,

responsible for handling and solving major high-profile cases that are in the interest of the
nation.

HISTORY

The National Bureau of Investigation (NBI) saw its inception on November 13,
1936 upon approval of Commonwealth Act No. 181 by the legislature. It was the the
brainchild of the late President Manuel L. Quezon and Jose  Yulo, then Secretary of
Justice.

Tasked with organizing a Division of Investigation or DI patterned after the United

States Federal Bureau of Investigation were Thomas Dugan, a veteran American police
captain from the New York Police Department and Flaviano C. Guerrero, the only Filipino
member of the United States Federal Bureau of Investigation.

On the basis of stiff physical, mental, and moral standards, 45 men were selected
as agents from among 300 applicants. To complement this investigative force was a
civilian staff composed of doctors, chemists, fingerprint technicians, photographers,
stenographers, and clerks.

During the Japanese occupation, the DI was affiliated with the Bureau of Internal
Revenue and the Philippine Constabulary known as the Bureau of Investigation (BI).
Subsequently, during the post-liberation period, all available DI agents were recruited by
the US Army CIC as investigators.

Since then, the Bureau assumed an increasingly significant role. Thus, on June
19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau of
Investigation. Later, it was amended by Executive Order No. 94 issued on October 4,
1947 renaming it to what it is presently known, the National Bureau of Investigation (NBI).

OBJECTIVES
The main objective of the National Bureau of Investigation is the establishment
and maintenance of a modern, effective and efficient investigative service and research
agency for the purpose of implementing fully principal functions provided under Republic
Act No. 157, as amended.

VISION
A world-class investigative institution – dynamic, respected and committed to the
high ideals of law and order.
MISSION
To provide quality investigative and forensic services to the people through
advanced methods and equipment in the pursuit of truth and justice.

POWER AND FUNCTIONS OF THE NBI

a. Undertake investigation and detection of crimes and offenses enumerated under
Section 5 hereof.

b. Issue subpoena for the appearance of any person for investigation or production
of documents, through its officers from the ranks of Regional Director to Director;

c. Act as a national clearing house of criminal records and other related information
for the benefit of the government;

d. Render technical assistance to government agencies and instrumentalities, when

so requested;

e. Extend assistance in cases involving extradition and mutual legal assistance, when
requested by the Department of Justice;

f. Establish an NBI Academy which shall be responsible for the recruitment, training,
and development of all NBI agents and personnel, among others;

g. Establish and maintain a Forensic and Scientific Research Center which shall
serve as the primary center for forensic and scientific research in furtherance of
scientific knowledge in criminal investigation, detection, evidence collection and
preservation, and provide the necessary training therefor;

h. Establish and maintain a Cyber Investigation and Assessment Center which shall
serve as the nerve center for computer information technologies, data on
cybercrime cases, computer intrusion, threats, and other related crimes or
activities;

i. Establish and maintain an integrated, comprehensive, and state-of-the-art network

of equipment and facilities to be used by the NBI in its criminal investigation,
detection, and evidence gathering, and to provide the corresponding training in this
regard;

j. Request the assistance of the Philippine National Police (PNP), Armed Forces of
the Philippines, or any other agency of the government, including government-
owned and/or -controlled corporations, in its anti-crime drive. Such assistance may
include the use of the agency’s personnel and facilities upon prior approval by the
head of the agency concerned;
k. Conduct intelligence operations in furtherance of the foregoing powers and
functions;

l. Enter into any contract or transaction for the acquisition, ownership, possession,
administration, lease, disposition or acceptance of real or personal property in its
name, subject to the approval of the Secretary of Justice;

m. Establish a modern NBI Clearance and Identification Center containing all

derogatory and criminal records and civilian identification records, including their
identifying marks and characteristics and fingerprint database, as well as dental
records pursuant to Presidential Decree No. 1575, entitled “Requiring Practitioners
of Dentistry to Keep Records of Their Patients”;

n. Maintain, for purposes of investigative and forensic requirements of the NBI,

relevant database such as ballistic records of firearms including, but not limited to,
data ownership, possession, and other related identifying circumstances; and
Deoxyribonucleic Acid (DNA) databank; and

o. Perform such other functions as the President or the Secretary of Justice may
assign.

ORGANIZATIONAL STRUCTURE

The NBI is a government entity that is civilian in character, and national in

scope which is under the Department of Justice.
.
The NBI Director and Other Officials. The NBI shall be headed by a Director and
assisted by two (2) Deputy Directors, one for Administration and another for Operations,
and an Assistant Director for each of the following seven (7) Services: Investigation
Service, Intelligence Service, Human Resource and Management Service, Comptroller
Service, Forensic and Scientific Research Service, Legal Service, and Information and
Communications Technology Service.

The NBI Director shall be appointed by the President and shall have the rank,
salary, and benefits equivalent to that of an Undersecretary. No person shall be appointed
Director unless he or she is a natural-born citizen of the Philippines and a member of the
Philippine Bar who has been engaged in the practice of law for at least fifteen (15) years,
preferably from within the ranks of Directors.

The Assistant Regional Directors to Deputy Directors shall likewise be appointed

by the President of the Philippines, coming from the ranks of the NBI, upon the
recommendation of the Secretary of Justice.

No person shall be appointed Deputy Director or Regional Director unless he or

she is a citizen of the Philippines and a member of the Philippine Bar who has been
engaged in the practice of law for at least ten (10) years for the Deputy Director and for
at least five (5) years for the Regional Director.

The NBI shall establish a Regional Office in every region to be headed by a

Regional Director and District Offices in every province to be headed by a Head Agent.
Field Offices may also be established and maintained by the Director as the need arises.

Old Position New Position

Director VI Director
Director V (Assistant Director) Deputy Director
Director III (Deputy Director) Assistant Director
Director II (Regional Director) Regional Director SG 27
Director I (Assistant Regional Director) Assistant Regional Director
Investigation Agent VI (Head Agent) Head Agent
Investigation Agent V (Supervising Agent) Supervising Agent
Investigation Agent IV (Senior Agent) Senior Agent
Investigation Agent III Investigation Agent III (Agent)
Investigation Agent II
Investigation Agent I
Special Investigator V
Special Investigator IV
Special Investigator III
§ Divisions under the office of the Director
• Legal Evaluation Division (LED)

• International Affairs Division

• Planning and Management Division (PMD)

• Automated Case Management Office

§ Sections under Administrative Services

• Building Maintenance Section

• Construction Management Section

• General Services Division

• Information Division

• Personnel Division

• Security Management Section (SMS)

• Training Division
§ Sections under Financial Services
• Cashier

• Budget

• Accounting

• Collection

• Auditor

§ Sections under Investigation Services

• Complaints and Records Division

• Anti-Fraud and Action Division

• Anti-Graft Division

• Anti-Human Trafficking Division

• Anti-Organized and Transnational Crime Division

• Anti-Violence Against Women and Children Division

• Cybercrime Division

• Environmental Crime Division

• Intellectual Property Rights Division

• International Operation Division

• Death Investigation Division

§ Sections under Intelligence Services

• Counter Intelligence Division

• Criminal Investigation Division

• Research and Analysis Unit

• Technical Intelligence Division

§ Sections under Forensic Investigation Services

• Dactyloscopy Division

• Firearm Investigation Division

• Identification and Records Division

• Medico-Legal Division

• Photography and Publication Laboratory

• Polygraph Laboratory

• Questioned Document Laboratory

Qualifications of NBI Agents - The minimum qualifications of NBI agents are the
following:
a. Citizen of the Philippines;

b. Of good moral character;

c. A member of the Philippine Bar or a holder of a Baccalaureate Degree who

passed the necessary government licensure examination relevant to the
investigative functions of the NBI; and

d. Successfully passed the competitive mental and physical examinations required

by the NBI

NBI Agent Qualifications

• Must be a Filipino Citizen.

• Must have a good moral character and in excellent physical and mental health.

• Must be a Lawyer or Certified Public Accountant.

• Must have no pending criminal, civil or administrative charges and never

convicted of any crime.

• At least 5'5" in height for males; 5'3" for females.

• Between 25 and 35 years of age.

• With excellent vision within normal range.

• Must have no tattoo marks or pierced ears.

NBI Special Investigator Qualifications

• Must be a Filipino Citizen,

• Must have a good moral character and in excellent physical and mental health.

• Must be a Bachelor Degree holder.

• Must be a Professional civil service eligible or board passer.

• Must be a Lawyer or Certified Public Accountant

• With a general weighted average of 84% in the transcript of records, without any
failing grade.

• Must have no pending criminal, civil or administrative charges and never

convicted of any crime.

• At least 5'5" in height for males; 5'3" for females.

• Between 25 and 35 years of age.

• With excellent vision within normal range.

• Must have no tattoo marks or pierced ears

University of Cagayan Valley
SCHOOL OF CRIMINOLOGY
Balzain Highway, Tuguegarao City 3500

Name of Student: ____________________________ Year/Section: _______________

Subject: ___________________________________ Teacher: ___________________

MODULE NO. 3 – Mid-Term Coverage

TITLE SPECIAL CRIME INVESTIGATION WITH
INTERROGATION
INTRODUCTION Special Crime Investigation deals with the study of major
crimes based on the application of special investigative
technique. The investigation concentrates more on physical
evidence, its collection, handling, identification and preservation
in coordination with the crime laboratory. Special Crime
Investigation involves a close relationship between the prober
in the field and the crime laboratory technician. They work
together as a team, reacting to and extending one another’s
theories and findings both working patiently and thoroughly to
solve a crime from their investigative discoveries. The present
criminal justice system in our country, the court relies more on
physical evidence rather than extra-judicial confession.
LEARNING At the end of the semester, students shall be able to:
OBJECTIVES • To differentiate crimes which are similar nature and
identify the physical evidence as means of proving the
commission of such crime in court.
• To know the requirements for the application for orders
for the arrest and search and seizure operations.
• To know the importance of proper preservation of
physical evidence on a specific crime and chain of
custody.
LEARNING Students in all sections of this course will learn the contents of
OUTCOMES the Crime Scene Response Procedures.
DISCUSSION/SITUATIONAL
ANALYSIS AND CONTENT

CRIME SCENE RESPONSE PROCEDURE

CONDUCT OF CRIME SCENE INVESTIGATION

Duties of the First Responder:

a. First Responder (FR)

1. The first Police Officers to arrive at the crime scene are the FRs who were
dispatched by the local police station/unit concerned after receipt of
incident/flash/alarm report;

2. Immediately, the FR shall conduct a preliminary evaluation of the crime

scene. This evaluation should include the scope of the incident, emergency
services required, scene safety concerns, administration of life-saving
measures, and establishment of security and control of the scene;

3. The FR is mandated to save and preserve life by giving the necessary first-
aid measures to the injured and their medical evacuation as necessary. The
FR shall likewise secure and preserve the crime scene by cordoning off the
area to prevent unauthorized entry of persons;

4. The FR shall take the dying declaration of severely injured person/s, if any.
Requisites of a “Dying Declaration” are:
a. That death is imminent and the declarant is conscious of that fact;

b. That the declaration refers to the cause and surrounding circumstances

of such death;
c. That the declaration relates to facts which the victim is competent to
testify to; and

d. That the declaration is offered in a case where in the declarant’s death

is the subject of the inquiry. (Annex “R” – Dying Declaration)

5. The FR shall make the initial assessment on whether a crime has actually
been committed and shall conduct the preliminary interview of witnesses to
determine what and how the crime was committed;

6. If and when there is a suspect present in the area, the first responder shall
arrest, detain and remove the suspect from the area;
7. The FR, upon the arrival of the IOC, shall turnover the crime scene to the
duty investigator/IOC after the former has briefed the investigator of the
situation. The FR shall prepare and submit the CSI Form “1” - First
Responders Report to the IOC and be prepared to assist the IOC in the
investigation (Annex “S”- First Responder’s Form); and

8. The FR shall stay in the crime scene to assist the IOC in the maintenance
of security, crowd control, preservation of evidence and custody of
witness/suspect until such time the investigation is completed and
temporarily turned over to the local Chief of Police (COP) for the
continuance of crime scene security

SCENE OF THE CRIME OPERATION (SOCO)

SOCO Team
1. The SOCO Team shall not join any operations conducted by the local police or
accompany the FRs or the IOC in going to the crime scene. They will only respond
upon request through the Operations Center and after the IOC has already made
the proper assessment of the crime scene;

2. Upon receipt of the Request for Conduct of SOCO, the SOCO Team shall then
conduct the scene of the crime operations which include among others the
narrative description of the crime scene, photography, videography, crime scene
search, crime scene sketch, crime scene location sketch, physical evidence
recording and collection, and other procedures necessary;

3. In case the SOCO Team needs to temporarily suspend the processing, the Chief
of Police shall be primarily responsible and accountable for securing the crime
scene and ensuring its integrity until the return of SOCO Team and the conclusion
of the CSI;

4. After the termination of the SOCO, the SOCO Team Leader shall brief the IOC on
the initial results and thereafter conduct the final crime scene survey together with
the IOC; and

5. The SOCO Team shall accomplish the CSI Form “4” - SOCO Report Forms and
furnish the IOC of copies of the same before leaving the crime scene

Release of the Crime Scene

a. The IOC shall decide on the lifting of the security cordon and the release of the
crime scene upon consultation with the SOCO Team Leader and he shall be
responsible in ensuring that all pieces of potential evidence have been collected
by the SOCO Team as any re-entry into the crime scene after its release to the
owner will require a Search Warrant issued by the Court;
b. The IOC shall accomplish the CSI Form “6” before the cordon shall be lifted

c. The IOC shall ensure that the appropriate inventory has been provided by the
SOCO Team and shall only lift the security cordon and release the crime scene
only after completion of the documentation process;

d. The IOC or the COP shall turn-over the crime scene to the owner of the property
or where the crime scene is a public place, to any local person in authority using
CSI Form “5”

e. The IOC shall accomplish and submit the Investigator’s Report with all the required
attachments to the COP within two (2) working days from the date of incidence;
and

f. The CSI Report shall be the first entry in the Case Folder for the investigation of
the incident.

Special SOCO Procedures.

In cases where the evidence gathered needs special processing due to significant
or sensational cases, the specialists from the Crime Laboratory shall be requested.

a. In bombing cases, the EOD personnel should first clear the area and declare it
“secured” prior to entry of the SOCO. The former, before entering the crime
scene must submit to the latter for swabbing. All evidence collected must be
pre-cleared by the EOD prior to documentation.

b. In suspected or reported chemical, biological, radiological or nuclear (CBRN)

situations, the SOCO shall directly coordinate with the Special Rescue Team
of the Bureau of Fire and Protection before the conduct of the crime scene
investigation.

c. In mass victim situation, the Regional/District SOCO who has jurisdiction over
the area, in addition to their function, shall act as the FR to the Interim Disaster
Victim Identification Task Group (IDVI TG) of the PNP Crime Laboratory. The
IDVI TG shall immediately assess the forensic specialists needed to be
deployed at the crime scene and relay the requirements to the PNP Crime
Laboratory Headquarters.

d. The SOCO has motu proprio authority to direct all operating units involved in
the police operation to submit their respective personnel for forensic
examination; their service fi rearms for ballistic tests; and other pieces of
evidence involved to expedite the investigation of the case.

Duties of the Territorial Police Unit

a. Provide assistance in the evacuation of the injured persons to the nearest hospital;

b. Provide area security;

c. Control the crowd at the crime scene;

d. Direct the flow of traffic away from the crime scene so as not to destroy and
contaminate vital evidence; and

e. Provide security back-up to the SOCO.

Policy Guidelines on Processing of Persons Present at the Crime Scene

These policy guidelines prescribe the operational procedures in processing and

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

a. Crisis Management As soon as the perpetrators surrender, or when they are

captured or neutralized, the On-Scene Commander shall ensure that the
following are accomplished:
1. Processing and Debriefing:
a. Hostages/Victims;

b. Perpetrators;

c. Witnesses; and

d. Key participants in the incident.

2. Documentation Sworn Statement of the following:

a. Witnesses;

b. Hostages;

c. Perpetrators; and

d. Key participants in the incidents.

3. Venue of Processing, Debriefing and Documentation.

Considering the instability of the situation; the safety of the

responders and persons found at the scene of the crime; and the
preservation of the place of incident, the venue of the processing, debriefing
and investigation shall be at a neutral and secured place.

b. Hostage Negotiation

The following procedure shall be followed during a Hostage

Situation:

1. Crisis Management Task Group shall be activated immediately;

2. Incident scene shall be secured and isolated;

3. Unauthorized persons shall not be allowed entry and exit to the incident
scene; and

4. Witnesses’ names, addresses, and other information shall be recorded.

5. Witnesses shall be directed to a safe location.

University of Cagayan Valley
SCHOOL OF CRIMINOLOGY
Balzain Highway, Tuguegarao City 3500

Name of Student: ____________________________ Year/Section: _______________

Subject: ___________________________________ Teacher: ___________________

MODULE NO. 4 – Mid-Term Coverage

TITLE SPECIAL CRIME INVESTIGATION WITH
INTERROGATION
INTRODUCTION Special Crime Investigation deals with the study of major
crimes based on the application of special investigative
technique. The investigation concentrates more on physical
evidence, its collection, handling, identification and preservation
in coordination with the crime laboratory. Special Crime
Investigation involves a close relationship between the prober
in the field and the crime laboratory technician. They work
together as a team, reacting to and extending one another’s
theories and findings both working patiently and thoroughly to
solve a crime from their investigative discoveries. The present
criminal justice system in our country, the court relies more on
physical evidence rather than extra-judicial confession.
LEARNING At the end of the semester, students shall be able to:
OBJECTIVES • To differentiate crimes which are similar nature and
identify the physical evidence as means of proving the
commission of such crime in court.
• To know the requirements for the application for orders
for the arrest and search and seizure operations.
• To know the importance of proper preservation of
physical evidence on a specific crime and chain of
custody.
LEARNING Students in all sections of this course will learn the contents of
OUTCOMES the Special Approaches and techniques in the investigation of
special cases involving persons and properties.
DISCUSSION/SITUATIONAL
ANALYSIS AND CONTENT

SPECIAL APPROACHES AND TECHNIQUES IN THE INVESTIGATION OF

SPECIAL CASES INVOLVING PERSONS, PROPERTIES

CRIME AGAINST PERSONS

PARRICIDE

Any person who kills his father, mother or child whether legitimate or illegitimate or
any of his ascendants or descendants or his spouse shall be guilty of parricide.

a. What law punishes the crime of Parricide?

- Revised Penal Code Article 248

b. What are the elements of Parricide?

1. The offender killed his father, mother, child (legitimate of illegitimate),
legitimate other ascendant or descendant and legitimate spouse.

2. The parent or child killed need not be legitimate. But the spouse and other
ascendant or descendant must be legitimate.

3. The killing is intentional.

4. Other analogous acts

c. What is the evidence needed to file a crime of Parricide?

1. Testimonial Evidence – Affidavit of complainant and witnesses.

2. Documentary Evidence – photographs, videos, police reports and other

documents.

3. Object Evidence – weapon used and autopsy of slain victims.

4. Other relevant evidence

DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCE

Any legally married person who having caught his spouse in the act of committing
sexual intercourse with another, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious injuries, shall suffer the
penalty of destierro.
a. What law punishes the crime of Death or Physical Injuries under Exceptional
Circumstance?
- Revised Penal Code Article 245

b. What are the elements of Death or Physical Injuries under Exceptional

Circumstance?
1. The offender is either: a) a legally married person (wife or husband); or b) a
parent.

2. The victim was surprised by:

a. his/her spouse; or

b. his/her daughter who is under 18 years of age and living with him/her, in the
act of committing sexual intercourse with another person, as the case
maybe.

3. The offender kills or inflicts serious physical injuries upon any or both of them.

4. The offender must catch the culprits in the act of sexual intercourse.

5. Other analogous acts

c. What is the evidence needed to file a crime of Death of Physical Injuries under
Exceptional Circumstance?
1. Testimonial Evidence – Affidavit of complainant and witnesses.

2. Documentary Evidence – photographs, videos, police reports and other

documents.

3. Object Evidence – weapon used.

4. Other relevant evidence

MURDER

Any person who shall kill another person with evident premeditation, treachery,
superior strength, aid of armed men, consideration of prize and reward of promise and by
means of fire, poison, explosion and other means involving great waste and ruin.

a. What law punishes the crime of Murder?

- Revised Penal Code Article 248

b. What are the elements of Murder?

1. Murder is the unlawful killing of any person not constitutive of parricide of
infanticide.
2. The act of killing is qualified by the following circumstances:
a. Treachery (alevosia) taking advantage of superior strength, with the aid of
armed men, or employing means to weaken the defense to insure impunity.

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

c. By means of inundation, fire. Poison, explosion, shipwreck, standing of a

vessel, derailment or assault upon a railroad, fall of an airship, by means of
vehicles, or with the use of any other means involving great waste or ruin.

d. 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.

e. With evident premeditation.

f. With cruelty by deliberately and inhumanly augmenting the suffering of the

victim or outraging or scoffing at his person or corpse (as amended by RA
7659).

3. These qualifying circumstances must be alleged in the information otherwise,

they could not be proven as such under the principle of non alegata non
probate. What is not alleged cannot be proven.

4. Other analogous acts

c. What is the evidence needed to file a crime of Murder?

1. Testimonial Evidence – Affidavit of complainant and witnesses.

2. Documentary Evidence – photographs, videos, police reports and other

documents.

3. Object Evidence – Autopsy, weapons used and other Forensic Reports.

4. Other relevant evidence

HOMICIDE

Any person who shall kill another without the attendance of any of the
circumstances enumerated in the crime of murder.

a. What law punishes the crime of Homicide?

- Revised Penal Code Article 249

b. What are the elements of Homicide?

1. Homicide is the killing of any person which does not constitute parricide,
infanticide or murder and it is not attended by any justifying circumstances.

2. Homicide is generic term and could be committed by culpa (negligence) or dolo

(intent).

3. Other analogous acts

c. What is the evidence needed to file a crime of Homicide?

1. Testimonial Evidence – Affidavit of complainant and witnesses.

2. Documentary Evidence – photographs, videos, police reports and other

documents.

3. Object Evidence – Autopsy, weapons used and other Forensic Reports.

4. Other relevant evidence

DEATH CAUSED OR INJURIES INFLICTED IN A TUMULTUOUS AFFRAY

When several persons, not composing groups organized for the common purposes
of assaulting and attacking each other reciprocally, quarrel and assault each other in a
confused and tumultuous manner and in the course of the affray someone is killed and it
cannot ascertain who actually killed the deceased but the persons who inflicted serious
physical injuries can be identified, such person shall be punished.
a. What law punishes the crime of Death Caused or Injuries Inflicted in a Tumultuous
Affray?
- Revised Penal Code Article 251-252

b. What are the elements of Death Caused or Injuries Inflicted in a Tumultuous

Affray?
1. Tumultuous affray takes place when a quarrel occurs among several persons
in tumultuous or confused manner.

2. The persons killed or wounded with the author thereof incapable of being
ascertained but the ones who inflicted serious physical injuries could be
identified.

3. The person is killed but author thereof cannot be identified.

4. Other analogous acts

c. What is the evidence needed to file a crime of Death Caused or Injuries Inflicted
in a Tumultuous Affray?
1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other
documents.

3. Object Evidence – Autopsy, weapons used and other Forensic Reports.

4. Other relevant evidence

PHYSICAL INJURY- Harm done to a child’s psychological or intellectual functioning

which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive
behavior, or a combination of said behaviors which may be demonstrated by a change in
behavior, emotional response or cognition

SERIOUS PHYSICAL INJURIES

a. What law punishes the crime of Serious Physical Injuries?

- Revised Penal Code Article 263

b. What are the elements of Serious Physical Injuries?

1. The injured person becomes insane, imbecile, impotent or blind.

2. Injured party loses speech, hearing and smelling power or loses an eye, hand,
foot, arm, leg or the use of such member, or becomes incapacitated for work.

3. Injured persons
a. becomes deformed; or

b. loses any other member of his body; or

c. loses the use thereof; or d) becomes incapacitated to work for more than
90 days.

4. Injured person is incapacitated for more than 30 days but not more than 90
days.

5. The offender has no intent to kill.

6. Other analogous acts

c. What is the evidence needed to file a crime of Serious Physical Injuries?

1. Testimonial Evidence – Affidavit of complainant and witnesses.

2. Documentary Evidence – photographs, videos, police reports and other

documents.

3. Object Evidence – Medical examination, weapons used and Forensic reports.

4. Other relevant evidence

LESS SERIOUS PHYSICAL INJURIES

a. What law punishes the crime of Less Serious Physical Injuries?

- Revised Penal Code Article 265

b. What are the elements of Less Serious Physical Injuries?

1. The period of incapacity for labor is for 10 days not more than 30 days or needs
medical attendance for the same period.

2. The wound requires medical attendance for only 2 days but the injured party
was prevented from attending to his ordinary to his regular employment for a
period of 29 days, the injuries are less serious. (Trinidad 4 Phil. 152)

3. Other analogous acts

c. What is the evidence needed to file a crime of Less Serious Physical Injuries?
1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Object Evidence – Medical results, weapons used and Forensic reports

4. Other relevant evidence

SLIGHT PHYSICAL INJURIES AND MALTREATMENT

a. What law punishes the crime of Slight Physical Injuries and Maltreatment?
- Revised Penal Code Article 266

b. What are the elements of Slight Physical Injuries and Maltreatment?

1. There is no evidence of actual injury.

2. The offense is considered ill treatment.

3. Other analogous acts

c. What is the evidence needed to file a crime of Slight Physical Injuries and
Maltreatment?
1. Testimonial Evidence – Affidavit of complainant and witnesses.

2. Documentary Evidence – photographs, videos, police reports and other

documents.
3. Object Evidence – medical results.

4. Other relevant evidence

RAPE

a. What law punishes the crime of Rape?

- Revised Penal Code Article 266 amended by RA 8353

b. What are the elements of Rape?

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 though none of the circumstances mentioned above be present.

2. By any person who, under any of the circumstances mentioned in par. 1 hereof,
shall commit an act of 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)

3. Rape is qualified under the following circumstances:

a. When the victim is under 18 years old and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within
the third civil degree, or the common law spouse of the parent of the victim;

b. When the victim is under the custody of the police or military authorities or
any law enforcement or penal institution;

c. When the rape is committed in full view of the spouse, parent, any of the
children or other relatives within the third civil degree of consanguinity;

d. When the victim is a religious engaged in legitimate religious vocation of

calling and is personality known to be such by the offender before or at the
time of the commission of the crime;

e. When the victim is a child below 7 years old;

f. When the offender knows that he is afflicted with human Immuno-Deficiency
Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other
sexually transmissible disease and the virus or disease is transmitted to the
victim;

g. When the offender is a member of the armed forces of the Philippines or

para-military units thereof or the Philippines National Police or any law
enforcement agency or penal institution, when the offender takes
advantage of his position to facilitate the commission of the crime;

h. When by reason or on the occasion of the rape, the victim suffered

permanent physical mutilation or disability;

i. When the offender knew of the pregnancy of the offended party at the time
of the commission of the crime; and

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.

4. Other analogous acts

NOTE:
1. Under RA 8353 which amended the Penal Code, on October 22, 1997, a
male or female can now commit rape.

2. “Effect of pardon” – The subsequent valid marriage between the offender

and the offended party shall extinguish the criminal action or the penalty
imposed.

3. In case it is the legal husband who is the offender, the subsequent

forgiveness by the wife as the offended party shall extinguish the criminal
action not be abated if the marriage be void ab initio.

c. What are the evidence needed to file a crime of Rape?

1. Testimonial Evidence – Affidavit of complainant and witnesses.

2. Documentary Evidence – photographs, videos, police reports and other

documents.

3. Object Evidence – Medical records, seminal/DNA Test, weapons used and

other forensic reports.

4. Other relevant evidence

CRIMES AGAINST PROPERTY

ROBBERY

The taking of personal property belonging to another with intent to gain, by means
of violence against or intimidation of any person, or using force upon anything.

a. What law punishes the crime of Robbery?

- Revised Penal Code Article 293 – 298

b. What are the elements of the crime of Robbery?

1. The personal property belongs to another.

2. The unlawful taking of that property.

3. With intent to gain (animus lucrandi).

4. Violence against or intimidation of any person or force upon things.

5. The offense can be committed by a band or with the use of firearms on a street,
road or alley or by attacking a moving train, street car, motor vehicle or airship
or by entering or taking the passenger conveyance by surprise.

6. Other analogous acts

c. What are the evidences needed to file the crime of robbery?

1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Object Evidence – stolen items, weapons and other devices

4. Other relevant evidence

ROBBERY IN AN INHABITED HOUSE OR EDIFICE FOR WORSHIP AND PRIVATE

BUILDING
a. What laws punish the robbery in an inhabited house or public or edifice devoted
for worship or in an uninhabited place or in a private building?
- Article 299 – 302

b. What are the elements of robbery in an inhabited house or public or edifice devoted
for worship or in an uninhabited place or in a private building?
1. The culprit must enter the building where the object to be taken is found.
2. The entrance is effected by any of the following means through an opening not
intended for entrance, breaking any wall, roof or floor, outside door or window,
using false keys, picklocks or similar tools.

3. The entrance is not required when the doors (of furniture), wardrobes, chest or
sealed furniture are broken or taking such object away to be broken outside the
place of robbery.

4. Other analogous acts

c. What is the evidence needed to file a crime of robbery in an inhabited house or

public or edifice devoted for worship or in an uninhabited place or in a private
building?
1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Object Evidence – stolen items, weapons and other devices

4. Other relevant evidence

THEFT (HURTO)

Is committed by any person who, with intent to gain but without violence against
or intimidation of neither persons nor force upon things, shall take personal property of
another without the latter’s consent

a. What law punishes the crime of Theft?

- Revised Penal Code Article 308

b. What are the elements of Theft?

1. Any personal property belonging to another.

2. The personal property is taken with intent to gain.

3. The taking is without the owner’s consent.

4. Absence of or without violence or intimidation of persons or force upon things.

5. Other analogous acts

NOTE:
Theft is consummated when the offender is able to take possession of the thing.
Once the thief has full possession of the thing, even if he did not have a chance
to dispose the same, theft is consummated.

c. What is the evidence needed to file a crime of Theft?

1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Object Evidence – stolen items, weapons and other devices

4. Other relevant evidence.

ESTAFA

a. What law punishes the crime of Estafa?

- Revised Penal Code Article 315

b. What are the elements of Estafa?

1. There is deceit.

2. There is damage or prejudice to the offended party.

3. The deceit is through unfaithfulness or abuse of confidence.

4. Some by means of false pretenses or fraudulent acts or means.

5. Other analogous acts

c. What is the evidence needed to file a crime of Estafa?

1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Object Evidence – stolen items, weapons and other devices

4. Other relevant evidence

MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT

FUNDS OR CREDIT

a. What law punishes the making or drawing and issuance of a check without
sufficient funds or credit?
- Batasang Pambansa Bilang 22
b. What are the acts which constitute the crime of making or drawing and issuance
of a check without sufficient funds or credit?
1. Any person who makes or draws and issues any check to apply on account or
for value, knowing at the time of issue that he does not have sufficient funds in
or credit with the drawee bank for the payment of such check in full upon its
presentment or would have been dishonored for the same reason had not the
drawer, without any valid reason, ordered the bank to stop payment.

2. Any person who, having sufficient funds in or credit with the drawee bank when
he makes or draws and issues a check, shall fail to keep sufficient funds or to
maintain a credit to cover the full amount of the check if presented within a
period of ninety (90) days from the date appearing thereon, for which reason it
is dishonored by the drawee bank.

3. Other analogous acts

c. What is the evidence needed to file the actions for violations of BP 22?
1. Testimonial Evidence – affidavit of the complainant and witnesses

2. Documentary Evidence – Notice from the bank for insufficiency of funds,

demand letter, police records and other pertinent documents

3. Object Evidence – the check or any negotiable instruments

4. Other evidence relevant

ESTAFA AND BOUNCING CHECKS INVESTIGATION

In Estafa cases, there are two elements that are indispensable: Fraud – the deceit
employed to defraud another and the other one is Damage – which is the injury or damage
caused. ESTAFA can be committed through falsification of a public and/or commercial
document. Elements of Estafa
a. That the accused defrauded another by abuse of confidence, or by means of
deceit.

1. This element covers the three different ways of committing estafa under
Article 315 of the Revised Penal Code. Take note that Art. 315 have three
subdivisions, classifying the different forms of estafa according to the
means by which the fraud is committed, to wit:
a. By means of false pretense or fraudulent acts.
b. Through fraudulent means. These three may be reduced to two only.
The first form under subdivision (i) if known as estafa with abuse of
confidence (the abuse of confidence takes the place of deceit), and the
second and third forms under subdivisions (ii) and (iii) cover estafa by
means of deceit.

b. That damage or prejudice capable of pecuniary estimation is caused to the

offended party of a third person. This element is the basis of the penalty. It is
necessary that the damage or prejudice is capable of pecuniary estimation
because the amount or prejudice is the basis of the penalty for estafa.

c. Elements of estafa with abuse of confidence.

1. That there is false pretense, fraudulent act or fraudulent means.

2. That said pretense, fraudulent act or fraudulent means be made or executed

prior to or simultaneously with the commission of the fraud.

3. That the offended party relied on the false pretense, fraudulent means, that
is, he was induced to part with his money or property because of the false
pretense, fraudulent act or fraudulent means.

4. That as a result thereof, the offended party suffered damages.

d. Estafa through falsification of public or commercial documents. When the

offender commits on a document any of the acts of falsification under Article
171 of the Revised Penal Code, as a necessary means to commit another
crime, like estafa, theft or malversation, the two crimes form a complex crime
under Article 48. The document, however, must be public, official or
commercial. If the falsification is committed to hide the crime of estafa, there
are two separate offenses of estafa and falsification.

e. Payment made subsequent to the commission of the crime of estafa does not
extinguish criminal liability or reduce the penalty, nor does it alter the nature of
the crime.

NOTE:
Three Ways of Committing Estafa
1. By using fictitious name

2. By falsely pretending to posses

a) power

b) influence

c) qualification
d) property

e) credit

f) agency

g) business or imaginary transaction; and

3. By means of similar deceit - Altering the quality, fineness or weight of

anything pertaining to his art or business as when a jeweler to whom is
entrusted a diamond-studded ring changes the gem with lower quality. -
Pretending to have bribed any government employee when in fact the
offender converted for his use the money taken under the pretext of a bribe.

Estafa by: Obtaining food/accommodation without paying thereof, or

obtaining credit by the use of false pretense; or abandoning or
surreptitiously credit and food without paying thereof. - Estafa by inducing
another to sign my document. - Estafa by resorting to fraudulent practice to
insure success in a gambling game. Estafa by removing or concealing any
court record office files.

ESTAFA THROUGH ISSUANCE OF POSTDATING OF CHECK WITHOUT FUNDS

a. Elements
1. That the offender has postdated or issued a check in payment of an obligation
contracted at the time of postdating or issuance of such check, not pre-existing
at the time of payment.

2. That at the time of the postdating or issuance of said check, the offender had
no funds or the funds deposited were not sufficient to cover the amount of the
check.
a. The offender has postdated or issued a check in payment of an obligation
contracted at the time of the postdating or issuance of such check;

b. He postdated or issued such check knowing at the time that he had no funds
in the bank or the funds deposited by him in the bank were not sufficient to
cover the amount of the check;

c. He did not inform the payee of such circumstances;

d. The payee had been defrauded.

b. It is still essential that the check must be issued in payment of a simultaneous

obligation. So, if it was issued in payment of a pre-existing obligation, there is no
estafa since the accused obtained nothing for the said check.
c. If a check was issued as a mere guarantee, there is no estafa since it was not
issued in payment of an obligation. And when the postdated checks were intended
merely as promissory notes, there is also no estafa

d. Good faith is a defense regarding the issuance of such checks. The payee’s
knowledge that the drawer has no sufficient funds to cover the postdated checks
at the time of their issuance negates estafa

e. Issuance of the check must be a MEANS to obtain a valuable consideration from

the payee (offended party.)

THE BOUNCING CHECK LAW (BATAS PAMBANSA BLG. 22) Acts Penalized under
BP22 includes:
a. The making, drawing or issuance of any check to apply on account or for value,
the drawer knowing at the time of issue that he does not have sufficient funds in
credit with the bank to pay the check in full when it is presented for payment. The
check is dishonored had not the drawer, without any valid reason, ordered the bank
to stop payment.

b. The failure of any person who, having sufficient funds in or a credit with the bank
when he makes or draws a check, shall fail to keep sufficient funds or to maintain
in a credit to cover the full amount of the check if presented within 90 days from
the date of the check. As a result the check bounces. REMEMBER: A bad check
passer may be prosecuted both for estafa under the Revised Penal Code, and
under BP 22. This instance may arise when the bouncing check is issued to pay
an obligation incurred simultaneously with or in consideration of the check. If the
bouncing check was issued to pay a pre-existing obligation, the drawer is liable
only for violation of BP 22. If the payee is aware of the insufficiency or lack of fund
in the bank to cover the check at the time it was issued, the drawer may be held
liable for BP 22, not estafa since there is no deceit by the drawer. BP 22 applies
even if the check is a crossed check, or a manager’s check or was just used as a
guarantee. Each act of drawing and issuing a bouncing check constitutes a
violation of BP 22. If the drawer has valid reason to stop payment, he could not be
held liable for BP 22;

a. Duly accomplished complaint sheet. b. Interview the complainant to determine

the extent of fraud and to establish the following:
1. The amount of damage incurred by the suspects because the amount of the
damage of prejudice is the basis of the penalty. 2. Establish whether it is
committed by means of false pretenses or fraudulent acts or means; or abuse
of confidence which is necessary in filing of cases.

c. Obtain documentary evidence from the complainant to prove the offense, as

follows:
1. Transaction receipts
2. Acknowledgement receipts 3. Preferably at least three

3. Successive Demand Letters.

d. If none, advise the complainant to make a necessary demand letter whether by

personal delivery or registered mail.

e. Establish the amount of damage incurred from the complainant and all the
necessary elements of the offense.

f. Take down the Sworn Statement of the complainant. g. File case for Violation of
Estafa (Article 315).

CRIMES AGAINST CHASTITY

ADULTERY

A crime committed by a married woman who has sexual intercourse with a man
not her husband and by the man who has carnal knowledge of her, knowing her to be
married, even if the marriage be subsequently declared void.

a. What law punishes the crime of Adultery?

- Revised Penal Code Article 333

b. What are the elements of Adultery?

1. Adultery is committed by a married woman who engages in sexual intercourse
with a man other than her husband.

2. The man commits adultery if he knew the woman to be married at the time of
sexual intercourse.

3. Other analogous acts

c. What is the evidence needed to file a crime of Adultery?

1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Other relevant evidence

CONCUBINAGE

a. What law punishes the crime of Concubinage?

- Revised Penal Code Article 334

b. What are the elements of Concubinage?

1. Keeping a mistress in the conjugal dwelling.

2. Having sexual and/or scandalous circumstances with a woman who is not his
wife.

3. Cohabiting with her in any other place.

4. Other analogous acts

c. What is the evidence needed to file a crime of Concubinage?

1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Other relevant evidence

ACTS OF LASCIVIOUSNESS

All acts of lewdness committed upon a person of either sex, short of lying with a
woman and anything leading up to it. What constitutes lewd or lascivious conduct must
be determined from the circumstances of each case.

a. What law punishes the crime of Acts of Lasciviousness?

- Revised Penal Code Article 336

b. What are the elements of Acts of Lasciviousness?

1. The offender commits any act of lasciviousness or lewd design.

2. Under any of the following circumstances:

a. by using force or intimidation; or

b. when the offended party is derived of reason or otherwise unconscious; or

c. when the offended party is under 12 years old.

3. The offended party is of either sex.

4. Other analogous acts

c. What is the evidence needed to file a crime of Acts of Lasciviousness?

1. Testimonial Evidence – Affidavit of complainant and witnesses
2. Documentary Evidence – photographs, videos, police reports and other
documents

3. Other relevant evidence

ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY

a. What law punishes the crime of Acts of Lasciviousness with the Consent of the
Offended Party?

- Revised Penal Code Article 339

b. What are the elements of Acts of Lasciviousness with the Consent of the Offended
Party?

The lascivious acts are committed upon a woman who is a virgin or single or widow
of good reputation under 18 years of age but over 12 years or a sister, descendant
regardless of her reputation or age.
1. The offender accomplishes the acts by Abuse of authority, confidence,
relationship or deceit.

2. There is no sexual intercourse.

3. Only a female can be victim under this article.

4. Other analogous acts

c. What is the evidence needed to file a crime of Acts of Lasciviousness with the
Consent of the Offended Party?
1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Other relevant evidence

QUALIFED SEDUCTION

a. What law punishes the crime of Qualified Seduction?

- Revised Penal Code Article 337

b. What are the elements of Qualified Seduction?

1. The offender party is a virgin who is presumed unmarried and of good reputation.
2. Over 12 and under 18 years of age.

3. With whom sexual intercourse is consummated through:

a. abuse of authority;

b. confidence; or

4. relation on the part of the offender.

5. Other analogous acts

NOTE: Two modes of qualified seduction:

1. Seduction of a virgin over 12 but under 18 years of age by any of the following:
a. a person in public authority;

b. a priest;

c. house servant;

d. domestic;

e. guardian;

f. teacher; and

g. any person entrusted with the custody or education of the woman.

2. Seduction of a sister or descendant, regardless of age, by her brother or

ascendant.

3. Virginity does not refer to the physical attribute but a woman’s chaste character
and good reputation.

4. Domestic and household servant contemplates all persons residing with the
family and who are members of the same household regardless of whether their
residence may be temporary or are merely paying for board and lodging.

5. Unlike in simple seduction, deceit is not necessary in qualified seduction.

6. Under the second mode of qualified seduction where the victim is a sister or
descendant, age is immaterial.

c. What is the evidence needed to file a crime of Qualified Seduction?

1. Testimonial Evidence – Affidavit of complainant and witnesses
2. Documentary Evidence – photographs, videos, police reports and other
documents

3. Object Evidence – Medical and other Forensic reports

4. Other relevant evidence

SIMPLE SEDUCTION

a. What law punishes the crime of Simple Seduction?

- Revised Penal Code Article 338

b. What are the elements of Simple Seduction?

1. The offended party is over 12 and under 18 years of age.

2. Of good reputation, single or widow.

3. With whom sexual intercourse is committed

4. Through deceit.

5. Other analogous acts

NOTE:
1. Virginity is not essential but the woman must be unmarried and of good
reputation.

2. The deceit usually takes the form of promise to marry.

c. What is the evidence needed to file a crime of Simple Seduction?

1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Object Evidence – Medical and Forensic reports

4. Other relevant evidence

WHITE SLAVE TRADE

a. What law punishes the crime of White Slave Trade?

- Revised Penal Code Article 266 - RA 9208 (Trafficking in Person)

b. What are the elements of White Slave Trade?

1. By engaging in the business of prostitution
2. By profiting from prostitution

3. By enlisting the service of a woman for the purpose of prostitution

4. Other analogous acts

c. What is the evidence needed to file a crime of White Slave Trade?

1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Other relevant evidence

FORCIBLE ABDUCTION

a. What law punishes the crime of Forcible Abduction?

- Revised Penal Code Article 342

b. What are the elements of Forcible Abduction?

1. Abduction of a woman, regardless of age, civil status or reputation.

2. Against her will.

3. With lewd design on the part of the offender.

4. Other analogous acts

c. What is the evidence needed to file a crime of Forcible Abduction?

1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Object Evidence – Medical and Forensic reports

4. Other relevant evidence

CONSENTED ABDUCTION

a. What law punishes the crime of Consented Abduction?

- Revised Penal Code Article 343

b. What are the elements of Consented Abduction?

1. The offended party is over 12 and under 18 years of age.

2. She is a virgin.

3. The taking away of the offended party must be with her consent or cajolery from
the offender.

4. The abduction must be with lewd design. 5. Other analogous acts

c. What is the evidence needed to file a crime of Consented Abduction?

1. Testimonial Evidence – Affidavit of complainant and witnesses

2. Documentary Evidence – photographs, videos, police reports and other

documents

3. Object Evidence – Medical and Forensic reports

4. Other relevant evidence

INVESTIGATION OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (VAWC)

AND OTHER CASES OF CHILD ABUSE

Investigation of Complaints and Reports Involving All Forms of Violence against

Women and Their Children.

The PNP Women and Children Protection Desks (WCPD) in coordination with the
Local Social Welfare Development Office (LSWDO), shall conduct a timely, thorough and
comprehensive investigation of all cases involving violence against women and their
children, committed within their respective area of responsibility, consistent with domestic
laws, rules and regulations, and international human rights standards. They shall observe
the rules and procedures as provided in section 48 of the Implementing Rules and
Regulations of RA 9262 (Anti-Violence Against Women and Their Children Act of 2004).
“Children” refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this rule,
it includes the biological children of the victim woman and other children under her care.

a. Upon the receipt of complaint, the WCPD officer shall conduct appropriate
investigation which includes, but is not limited to, taking the formal statement of
the victim survivor and collecting other evidence necessary for the filing of the case
under the Act;

b. Immediately after taking the essential elements of information during the course of
investigation, the WCPD officer shall refer the victim-survivor to the nearest PNP
Crime Laboratory and/or hospital or any medical facilities for appropriate medico-
legal examination. It shall be the WCPD officer’s duty to ensure that as far as
possible, the examining physician must be of the same gender as the victim-
survivor, especially in sexual violence cases;

c. Except in the case of a child who is a victim-survivor of the Act, by which other
existing laws require immediate presence of the unoffending parent or guardian
and social worker, only persons expressly authorized by the victim-survivor shall
be allowed by the WCPD officer inside a room where police investigation as well
as the medical/physical examination are being conducted in private;

d. Ensure the confidentiality of identity of the victim survivor and all other parties
directly involved with the case under investigation. For this purpose, the WCPD
officer must maintain a separate blotter on crimes committed under the Act. Under
no circumstances shall any police officer allow media access to information
concerning VAWC reported to PNP;

e. After the conduct of police investigation, the WCPD officer shall refer the victim-
survivor to the social worker of the LGU, any available DSWD shelters, NGOs and
other service providers for psycho-social intervention and other rehabilitation
programs;

f. The WCPD officer shall forward the investigation report, together with the relevant
evidence, including the formal statements of witnesses and result of medico-legal
examination, to the prosecutor for filing of appropriate criminal action under the
Act;

g. If victim-survivor is found to have manifestations of the Battered Woman Syndrome

which is validated by past police records and testimonies from witnesses in
interest, the WCPD officer shall inform the Punong Barangay, the local social
worker, or the concerned NGOs, local professional or civic groups in the area for
appropriate psychiatric and psychological evaluation which may form part of the
evidence to be presented in court;

h. Assist in the application and enforcement of the provisions of the protection order
as may be issued by the barangay or the court;

i. Respond, with the assistance of other police personnel, barangay officials, and
other parties-in-interest, to a call for emergency assistance to ensure immediate
protection of the victim-survivor by entering the dwelling if necessary, whether or
not a protection order has been issued;

j. In case where the perpetrator is armed or in possession of deadly weapon in plain

view, cause the confiscation thereof with the assistance of other police personnel;

k. Effect the arrest of the perpetrator by virtue of a warrant issued by the court
pursuant to existing laws. In the event that any crime under the Act has been
committed, is being committed or about to be committed, or that any police officer
has personal knowledge of the facts indicating the commission of such time, it shall
be his or her duty to arrest the perpetrator even without the strength of a warrant,
provided the offender shall be processed in accordance with Section 5, Rule 113
of the Rules of Court;

l. Except when the victim-survivor is deemed more secure to stay in their place of
residence, in which case the perpetrator has been removed by virtue of protection
order issued by the barangay or the court, the WCPD officer or any designated
police officer shall provide assistance to help facilitate the transfer of the victim
survivor to a safe place of her own choice, including the removal of some of the
victim-survivor’s personal belongings;

m. Monitor and follow up any case in violation of the Act that has been filed in court.
In this regard, the WCPD officer must maintain a periodic assessment report of all
cases reported to the police in violation of the Act; and

n. Participate in multi-disciplinary mechanisms to help address the protection needs

of the victim-survivor of VAWC.

Investigation of Complaints and Reports Involving Other Forms of Child Abuse

Police Officers, in coordination with the PNP Women and Children Protection Desks
(WCPD) and Local Social Welfare Development Office (LSWDO), shall conduct an
investigation on all cases of child abuse committed within their respective area of
responsibility, consistent with domestic laws, rules and regulations, and international
human rights

a. Police officers shall, upon receipt of a complaint or report or information that a child
has been or is being abused, maltreated, discriminated, exploited, neglected, or
abandoned, or is under imminent danger of being abused or exploited, shall take
immediate action thereon, but under no circumstance shall be beyond forty-eight
(48) hours;
b. Police officers shall immediately coordinate with the WCPD and report the matter
to the LSWDO.

c. In situations where immediate rescue operations are necessary, the police officers
and WCPD in coordination with the LSWDO and other stakeholders shall prepare
the corresponding rescue operations plan;

d. The police officers, together with the WCPD, LSWDO and other
stakeholders/authorities like the Barangay or Municipal or City Health Officer,
Barangay Officials in the place where the incident occurred or is taking place, the
Barangay Human Rights Action Officer or any officer of the Commission on Human
Rights (CHR) in or near the area of operation shall, without delay, proceed to the
place where the child-victim is located and execute the rescue operations plan;
e. Upon rescue of the child-victim, the law enforcers shall turn over the child-victim
to the LSWDO for protective custody;

f. The police officer, together with the LSWDO, shall ensure that the child-victim shall
be immediately taken to the nearest government medical center or hospital or clinic
for physical and psychological examination, treatment and/or confinement;

g. The police officer, in coordination with the LSWDO, shall gather the
necessary/relevant and material data and evidence to support the filing of
appropriate charges before the Prosecutor’s Office and trial of the child-abuse
case/s before the court;

h. The police officer shall ensure that the child-victim shall not be subjected or
exposed to multi-victimization in the course of investigation. Hence, the police
officer shall see to it that the interviews and statements of the victim shall be
recorded and/or video-taped; and

i. Investigation of child abuse cases shall be assigned preferably to members of the

Women and Children Protection Desk (WCPD) or in their absence, the police
officer of the same gender who has appropriate training on child rights, and
investigation and handling of child abuse cases.

Right to Privacy of the Child and Confidentiality of Records

The police officer shall at all times respect the right to privacy of the child and shall
observe confidentiality of information and records pertaining to child rights cases he
investigated or is investigating, from the beginning of the investigation and/or initial
custody of the child-victim and at all times thereafter, except when the release of any
information about the child’s case is pursuant to an Order issued by a competent court.

Procedure in the Rescue of Minors

a. Planning
All police operations regarding rescue of minors who are victims or subject of
physical, sexual, psychological abuse, exploitation, discrimination, negligence,
and other forms of abuse, shall be properly planned, in coordination with
stakeholders concerned. The plan shall be drawn and discussed in a pre-
conference with national and/or local authorities such as: the Department of Social
Work and Development (DSWD) or the LSWDO, female Police Investigator,
preferably from the WCPD or one trained in the handling of investigation of child
rights cases, the local police units, police photographer, Public Attorneys’ Office
(PAO), barangay officials, City and Municipal Licensing and Permit Division, the
Department of Health or the City or Municipal Health Office, Barangay Human
Rights Action Officer or officer of the CHR, and/or the DOLE.
For this purpose, the PNP shall activate a Rescue Team to be headed by
officer/s of the WCPD, in coordination with concerned national and/or local
authorities mentioned above.

b. Rescue operations
1. All police officers participating in the rescue operations shall be in prescribed
uniform. Should circumstances require that certain police officer/s be in civilian
clothes during the actual operations, he must have the official identification card
which he must show when required.

2. Upon arrival at the operation scene, the police officers shall properly introduce
themselves and inform the people in the area where the child-victim is located
as to the purpose of their operation.

3. Police officer shall not use force unless necessary under the circumstances. In
circumstances where reasonable force is allowed, the police officers/ rescue
team shall ensure and/or avoid collateral damage or hitting innocent civilians
within the vicinity of operations.

4. The child-victim shall be handled preferably by a police officer of the same

gender as the victim, who has appropriate training on child rights, and in the
investigation and handling of child-abuse cases.

Procedure to be observed in the Handling of Children in Conflict with the Law (CICL)

From the moment a child is taken into custody, the law enforcement officer shall:

a. Properly identify himself as police officer and present the proper identification
to the child;

b. Explain to the child, in simple language and in the dialect that he can
understand, the reason why he is being taken into custody and the offense he
allegedly committed;

c. Refrain from using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances to the child in conflict with the law;

d. Avoid displaying or using any firearm, weapon, handcuffs or instruments of

force or restraint, unless absolutely necessary and only after all other methods
of control have been exhausted and have failed;

e. Refrain from subjecting the child in conflict with the law to greater restraint than
is necessary for his apprehension;

f. Avoid the use of unnecessary force;

g. Search on a child in conflict with the law shall only be done by a police officer
of the same gender as the child;

h. Determine the age of the child;

i. Take the child immediately to the proper medical and health officer for a
thorough physical and mental examination. The examination results shall be
kept confidential, unless otherwise ordered by the Family Court. Whenever
medical treatment is required, steps shall be immediately undertaken to provide
the same;

j. Turn over custody of the child to the LSWDO or other accredited NGOs
immediately but not later than eight (8) hours after apprehension and notify the
child’s parents/ guardians and the PAO of the child’s apprehension;

k. When the child is fifteen (15) years or below, he shall be immediately released
to his parents or guardian or nearest relative. However, if the child is above
twelve (12) years of age up to fifteen (15) years of age and commits serious
crimes such as parricide, murder, infanticide, kidnapping and serious illegal
detention where the victim is killed or raped, robbery with homicide or rape,
destructive arson, rape, or carnapping where the driver or occupant is killed or
raped or offenses under RA 9165 (Comprehensive Dangerous Drugs Act of
2002) punishable by more than twelve (12) years of imprisonment, shall be
deemed a neglected child under PD 603, as amended, and shall be mandatorily
placed in a special facility within the youth care facility or “Bahay Pag-asa”
called the Intensive Juvenile Intervention and Support Center (IJISC). (Sec 20-
A of RA 10630)

l. A child who violated local ordinances concerning juvenile status offenses shall
be considered as “child at risk” and not as “child in conflict with the law”. Hence,
no penalty shall be imposed on them for said violations, and they shall be
instead brought to their residence or to any barangay official at the barangay
hall to be released to the custody of their parents and appropriate intervention
program will be provided. (Sec 20-A of RA 10630)

m. Ensure that should detention of the child in conflict with the law be necessary,
the child shall be secured in quarters separate from that of the opposite sex
and adult offenders. The child shall not be locked up in a detention cell;

n. Take the statement of the child in the presence of:

1. The child’s counsel of choice or in the absence thereof, a lawyer from the
PAO;
2. The child’s parents, guardian, or nearest relative, and

3. LSWDO;
o. In the absence of the child’s parents, guardian, or nearest relative, and the
LSWDO, the investigation shall be conducted in the presence of an NGO,
religious group, or member of the Barangay Council for the Protection of
Children (BCPC).

p. Ensure that all statements signed by the child during investigation shall be
witnessed by the child’s parents or guardian, social worker, or legal counsel in
attendance who shall affix his signature to the said statement;

q. Record the following in the initial investigation:

1. Whether handcuffs or other instruments of restraint were used, and if so,

the reason for such;

2. That the parents or guardians of a child, the DSWD, and the PAO have
been duly informed of the apprehension and the details thereof; and

3. The exhaustion of measures to determine the age of a child and the precise
details of the physical and medical examination or the failure to submit a
child to such examination.

Guidelines

The police officer shall at all times ensure respect for the rights of the child in
conflict with the law as provided in the Philippine Constitution, domestic laws, the
Convention on the Rights of the Child and other related international human rights
instruments.