Continuation CDI 2 Pages 1 31 (1)
Continuation CDI 2 Pages 1 31 (1)
INTRODUCTION
Special Crime Investigation deals with the study of major crimes based on the
application of special investigative technique. The study 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.
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The PNP Crime Laboratory was renamed to PNP Forensic Group
through General Orders Number DPL-20-32, pursuant to
NAPOLCOM Resolution No. 2021-1275 dated September 30, 2021,
and shall continue to perform its mandates as provided for under
Section 35(a) of Republic Act no. 6975 in providing scientific and
investigative aid and support to the PNP and other government
investigative agencies.
- As one of the operational units of the Philippine National Police (PNP), the
Forensic Group provides scientific services and technical support to PNP offices
and other law enforcement agencies through the following divisions that specialize
in different areas of forensic science;
- It acts as a national clearing house of criminal and other information for the use of
all prosecuting and law enforcement entities of the Philippines: identification
records of identifying marks, characteristics, and ownership or possession of all
firearms as well as of test bullets fired therefrom.
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3. Discover all facts and collect physical evidence
4. Recover stolen property
5. Identify perpetrator
6. Locate and apprehend the perpetrator
7. Aid in the prosecution of the perpetrator
8. Testify effectively in court
Special crime investigation typically involves several phases, which may vary depending on
the nature of the crime and the specific law enforcement agency involved. However, some
common phases include:
1. Initial Assessment
- This phase involves the initial evaluation of the crime scene or incident to
determine the nature and scope of the crime. Law enforcement officers
gather preliminary information, secure the scene, and assess potential risks
or hazards.
2. Collection of Evidence
- Investigators gather physical evidence, witness statements, and other
relevant information to establish the facts of the case. This may involve
forensic analysis, surveillance, and interviews with witnesses or suspects.
3. Analysis and Investigation
- During this phase, investigators analyze the collected evidence, piece
together the sequence of events, and identify potential suspects or leads.
This often involves collaboration between specialized units within law
enforcement agencies, such as forensic experts, cybercrime specialists, or
anti-drug task forces.
4. Surveillance and Monitoring
- In cases involving ongoing criminal activity or organized crime, law
enforcement may conduct surveillance operations to gather intelligence and
monitor the activities of suspects. This phase may involve covert surveillance,
wiretapping, or other surveillance techniques.
5. Arrest and Prosecution
- Once sufficient evidence has been gathered, law enforcement officers may
make arrests and file charges against suspects. This phase involves
coordinating with prosecutors and other legal authorities to build a case for
prosecution.
6. Court Proceedings
- Special crime investigations in the Philippines often involve court
proceedings, where evidence is presented, witnesses testify, and legal
arguments are made. Investigators may be called to testify as expert
witnesses, and prosecutors work to secure convictions against the accused.
7. Follow-Up and Monitoring
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- After the conclusion of court proceedings, law enforcement agencies may
continue to monitor convicted offenders or follow up on related leads to
prevent future criminal activity.
1. To know the crime; its element and circumstances; identify the victim, the suspects and
witnesses and secure physical evidence.
2. To know the truth;
3. To know the motive.
A DEDUCTIVE judgment is one you decide is the answer of the case, and which you
then attempt to prove with a collection of facts. To put it in another way, you “jump at a
conclusion” and then undertake to show that your guess was right.
INDUCTIVE reasoning collects all the facts available first and allows them to determine
the judgement. After you carefully examine all the details of a case you will be compelled
to come to some conclusion regarding them.
Cold case squads, also known as cold case units or cold case teams, are specialized
law enforcement units or divisions dedicated to investigating unsolved cases that have
gone "cold."
Cold case squads are staffed by experienced detectives or investigators who are tasked
with reviewing, re-examining, and re-investigating these unresolved cases.
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LESSON 2:
EVIDENCE
At the end of the session, students are expected to:
- The rules of evidence shall be the same in all courts and in all trials and hearings,
except as otherwise provided by law or these rules.
- Evidence is admissible when it is relevant to the issue and is not excluded by the law of
these rules.
- Evidence must have such a relation to the fact in issue as to induce belief in its
existence or non-existence.
B. Testimonial Evidence:
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propounded by the counsel and presiding officer of the court. His testimony
must be given orally and under oath or affirmation.
a. Ordinary Witness:
A physician: who testifies in court on matters be perceived from his
patient in the course of physician-patient relationship is considered as
an ordinary witness.
b. Expert Witness:
A physician on account of his training and experience can give his
opinion on a set of medical facts. He can deduce of infer something,
determine the cause of death or render opinion pertinent to the issue
and medical in nature.
C. Experimental Evidence:
D. Documentary Evidence:
E. Physical Evidence:
o These are articles and materials which are found in connection with the
investigation and which aid in establishing the identity of the perpetrator or
the circumstances under which the crime was committed, or in general assist
in the prosecution of a criminal.
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CRIME SCENE RESPONSE and PROCEDURE
The first responding officer must secure the scene to prevent contamination.
A perimeter is established using tape or barriers.
Entry and exit points are controlled to prevent unauthorized access.
Photography: Take wide-angle, mid-range, and close-up photos of the scene and
evidence.
Sketching: Draw a diagram of the scene with measurements and placement of
evidence.
Notes: Record detailed descriptions of the scene, including time, weather, and any
visible evidence.
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o Zone Search: The scene is divided into sections for detailed examination.
A detailed log records every person who handles the evidence to ensure integrity.
This prevents contamination and ensures evidence is admissible in court.
Forensic specialists analyse the evidence to identify suspects and reconstruct events.
A comprehensive report is prepared for legal proceedings.
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- The chain of custody refers to the process of maintaining and documenting the
handling of evidence from the moment it is collected at a crime scene until it is presented
in court. This ensures the evidence remains intact, untampered, and admissible in legal
proceedings.
MARKING OF EVIDENCE
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Case Number – A unique identifier assigned to the case.
Item Number – Sequential numbering for each piece of evidence in a case.
Date and Time of Collection – When the evidence was discovered and retrieved.
Collector’s Name or Badge Number – The identity of the person who collected the
evidence.
Brief Description of the Evidence – A short but clear description of the item.
Location of Collection – The exact place where the evidence was found.
Permanent Marker – Used to write directly on non-porous items (e.g., glass, metal).
Etching or Engraving – Used for firearms, knives, and other hard objects.
Tamper-Proof Labeling – For sensitive or electronic evidence.
Marking the Packaging – If the item cannot be marked directly (e.g., biological
samples, drugs), the marking is placed on its sealed packaging.
Strictly regulations say they must be marked inside the mouth of fired empty shells.
It is nearly impossible to mark them inside the mouth, especially .22 caliber shells. But they
could be marked on the side of the body of the shells, not on the base.
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Drugs & Substances – Labeled packaging with a sealed evidence bag.
Documents & Papers – Placed in an evidence folder with case details.
Digital Evidence (USB, Hard Drives, Mobile Phones) – Marking on packaging with
electronic data recorded separately.
EVIDENCE TAGGING
Evidence which by their nature could NOT BE marked on each surface such as
blood, hairs, fibers, are placed in the plastic container where that container is then
marked, we call such practice as tagging the physical evidence with the use of card
where the initials of the investigator, date and time of collection, specific case and other
information can be written.
Tagging refers to attaching a label or tag to the evidence or its container.
This tag provides essential details and helps investigators track the item throughout the
legal process.
Tagging Methods:
- Once evidence is marked and tagged, it must be properly packaged to prevent loss,
contamination, or damage.
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Drugs & Chemical Substances
o Sealed in tamper-proof evidence bags.
o Must be labeled with clear identification.
- Tool marks are impressions, cuts, or abrasions left on a surface by a tool used in a
crime.
- In robbery cases, criminals often use tools such as crowbars, screwdrivers, pliers, and
bolt cutters to gain entry into buildings, safes, or locked containers.
- These tools leave distinctive marks that can serve as crucial evidence in investigations.
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o A mix of both impressed and striated marks.
o Example: A bolt cutter biting into a metal lock and then sliding slightly.
To ensure tool mark evidence remains intact and admissible in court, forensic investigators
follow strict preservation procedures:
If the surface with tool marks is small and removable (e.g., a section of a door frame),
transport the whole object to the forensic lab for analysis.
Wrap the item in protective materials to prevent additional damage.
D. Preventing Contamination
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IMPORTANCE OF TOOL MARK EVIDENCE IN ROBBERY CASES
Links Suspects to Crime Scenes – Matching a tool mark to a suspect’s tool can prove
involvement.
Determines Method of Entry – Helps investigators understand how the crime was
committed.
Supports Legal Proceedings – Properly preserved evidence strengthens prosecution
in court.
A questioned document refers to any written, typed, or printed material whose authenticity,
origin, or content is in doubt and requires forensic examination. These documents are often
used in cases involving fraud, forgery, identity theft, and financial crimes. Proper
preservation is essential to maintain their integrity and admissibility in court.
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B. Handwriting and Signature Examination
Do not attempt to unfold or separate burnt pages as they are highly fragile.
Store in a rigid, supportive container (such as a plastic box with padding).
Use specialized forensic techniques like infrared imaging to recover text.
HANDWRITING ANALYSIS
- Handwriting analysis is one of the primary methods used to examine documents for
authenticity. Forensic handwriting experts can determine whether handwriting on a
document matches that of a known sample.
Key Methods:
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Comparison of Handwriting Features: Experts compare individual features of the
handwriting such as letter formation, slant, spacing, and pressure patterns to
determine whether a signature or writing is genuine.
Ruling out Natural Variability: A qualified examiner differentiates between natural
variation in handwriting and deliberate attempts to forge handwriting.
Specialized Software: In some cases, software may be used to analyze specific
handwriting characteristics, such as speed of writing or stroke formation.
Letter formation: Is the style consistent with other known samples of the writer's
handwriting?
Pressure: Does the writer apply uneven or unusual pressure on certain strokes?
Slant and Angle: Are the slant and angle of the writing consistent throughout?
SIGNATURE VERIFICATION
- Signatures on documents, particularly in legal and financial contexts, can often be the
subject of forgery or dispute.
Methods:
Court Admissibility: The methods and findings of forensic document examiners must
comply with the standards set forth in relevant legal frameworks, such as the Frye
Standard or the Daubert Standard for the admissibility of expert testimony in court.
Ensure documents are handled in compliance with forensic standards and legal
evidence protocols (e.g., PNP Crime Laboratory Manual, FBI Questioned
Documents Procedures).
Maintain proper chain of custody to avoid disputes over tampering.
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Visible Prints: These are fingerprints that are left on a surface through the transfer of a
substance from the skin, such as blood, paint, or grease, making the print readily visible
to the naked eye.
Plastic Prints: Plastic prints occur when a finger presses against a soft material, such
as wax, soap, or putty, leaving a three-dimensional impression.
Latent Prints: The most common type encountered in forensic investigations, latent
prints, are invisible to the naked eye. They are left by the natural oils and sweat on the
skin’s surface and require special techniques to develop and visualize.
Various methods are employed based on the surface and environmental conditions:
Powder Dusting: A fine powder is gently brushed over the surface, sticking to the oils
and revealing the print. This is one of the oldest and most commonly used methods.
Chemical Development: For more stubborn prints, forensic experts turn to chemicals.
Alternate Light Sources: Sometimes, all it takes is the right kind of light. Forensic
teams use alternate light sources (ALS) at different wavelengths to make latent prints
visible, allowing them to photograph the print without physically altering it.
Documentation: Every print is carefully documented, detailing where, when, and how it
was collected. This forms part of the all-important chain of custody, crucial for the
evidence to be admissible in court.
Protection: Once collected, prints are safeguarded from degradation. They’re either
stored in protective casings or digitally captured and stored in secure databases.
Environmental Control: Environmental factors such as humidity significantly impact
the development of latent fingerprints.
FIBERS
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- Fibers can be said that they are the same type and color as those found in a suspect's
clothes, residence, vehicle, etc.
o Fibers should be collected in a paper packet and placed in an envelope.
Representative fibers should be collected from a suspect and submitted to the
lab for comparison.
PAINT
- Paint can be said that it is the same type and color as paint found in the possession of
a suspect.
o Paint fragments should be collected in a paper packet and placed in an
envelope. Representative paint chips or samples should be collected from the
suspect and submitted to the lab for comparison.
GLASS
- Glass can be said that it has the same characteristics as glass found in the
possession of a suspect.
o Smaller glass fragments should be placed in a paper packet and then in an
envelope. Larger pieces should be wrapped securely in paper or cardboard
and then placed in a padded cardboard box to prevent further breakage.
Representative samples from the suspect should be submitted to the lab for
comparison.
- Preserving fragment evidence is crucial for forensic investigations, ensuring the integrity
and reliability of physical evidence. Proper preservation techniques help maintain the
original condition of fragments, preventing contamination, degradation, or loss. Key
steps include:
1. Handling with Care – Use gloves and tools (e.g., tweezers) to avoid contamination.
2. Proper Packaging – Store fragments in appropriate containers, such as paper
envelopes for dry materials or airtight containers for biological samples.
3. Labeling & Documentation – Clearly label all evidence with case details, date, and
collection location. Maintain a chain of custody.
4. Environmental Control – Keep fragments in controlled conditions (e.g., dry, cool areas)
to prevent damage from moisture, heat, or light.
5. Minimizing Movement – Avoid excessive handling to prevent fragmentation or cross-
contamination.
6. Use of Forensic Techniques – Apply scientific methods such as chemical stabilization
for fragile evidence.
- The collection and preservation of blood stain evidence is important because this
evidence can be used to type blood or run DNA analysis.
Proper preservation of blood evidence is critical for forensic investigations, ensuring accurate
analysis and preventing contamination or degradation. Key steps include:
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1. Collection and Handling
2. Proper Packaging
Dried blood: Store in paper bags or envelopes to allow airflow and prevent mold
growth.
Liquid blood: Store in vacutainer tubes with proper preservatives. Refrigerate
immediately but avoid freezing.
Clearly label all evidence with case details, date, and location.
3. Environmental Control
Keep samples in cool and dry conditions to prevent bacterial growth and DNA
degradation.
Avoid direct sunlight, excessive heat, or moisture, which can damage the sample.
4. Chain of Custody
Maintain a detailed record of handling and transfers to ensure integrity and admissibility
in court.
DNA Testing: Blood evidence should be analyzed as soon as possible for DNA profiling.
- It is branch or division of law which defines crimes, treats of their nature, and.
provides for their punishment
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CONSUMATED, FRUSTRATED and ATTEMPTED
CONSUMMATED
- A felony is consummated when all the elements necessary for its execution and
accomplishment are present. (REVISED PENAL CODE, Article 6)
- Consummated crime is the one wherein all of the elements of the crime have
been committed by the offender and thus producing the intended crime and/or
another crime which is likewise covered by the same overt acts.
For example, in the crime of murder, if the offender commits all of the elements to qualify
the crime of murder – and the dies or is dead, then the crime is consummated murder or
just murder.
FRUSTRATED
- [A felony] is frustrated when the offender performs all the acts of execution which
would produce the felony as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of the perpetrator.
(REVISED PENAL CODE, Article 6)
For example, in the crime of murder, if the offender commits all of the elements to qualify
the crime of murder – but the victim survives or does not die, then the crime is frustrated
murder. It would have been consummated murder if the victim died as killing is an
important element in murder.
ATTEMPTED
- There is an attempt when the offender commences the commission of a felony
directly or over acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than this own
spontaneous desistance. (REVISED PENAL CODE, Article 6)
- In the leading case of United States v. Eduave, Justice Moreland, speaking for the
Court, distinguished an attempted from a frustrated felony. He said that to be an
attempted crime, the purpose of the offender must be thwarted by a foreign force
or agency which intervenes and compels him to stop prior to the moment when he
has performed all the acts which should produce the crime as a consequence,
which act it is his intention to perform. (Epifanio v. People [2007], supra.)
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CRIMES AGAINST PERSONS (Chapter One)
DESTRUCTION OF LIFE
Article 246. PARRICIDE – Any person who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty
of parricide.
Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.
Elements:
- If he shall inflict upon them physical injuries of any kind, he shall be exempt from
punishment.
- These rules shall be applicable, under the same circumstances, to parents, with
respect to their daughters under eighteen years of age, and their seducer, while the
daughters are living with their parents.
- Any person who shall promote or facilitate prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to
the benefits of this article
Penalty: Destierro (prohibition to enter the place or places designated in the sentence, nor
within the radius therein specified, which shall be not more than 250 and not less than 25
kilometers from the place designated.
ART. 248. MURDER– Any person who, not falling with the provisions of Article 246, shall kill
another, shall be guilty of murder and shall be punished by reclusion perpetua to death, if
committed with any of the following attendant circumstances:
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1. With treachery, taking advantage of superior strength, with aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity;
2. In consideration of a price, reward or promise;
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles or
with the use of any other means involving great waste and ruin;
4. On occasion of any of the calamities of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
Elements of murder:
WHAT IS TREACHERY?
- Plain and simple, there is treachery if the offended party was not given opportunity to
make a defense.
MEANING OF PREMEDITATION
ART. 249. HOMICIDE – Any person who, not falling within the provisions of Article 246
(Parricide) shall kill another, without the attendance of any of the circumstances enumerated in
the next preceding article (Article 248), shall be deemed guilty of homicide.
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HOMICIDE INVESTIGATION
- Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.
Three Bridges:
- The first essential step of the homicide investigation is to establish that the victim is,
indeed, dead.
- Police officers do not have the legal authority to pronounce death, only
physicians/medical doctor can establish the fact of death.
- For this reason, the police officer should never assume death unless the condition of
the victim’s body demonstrates death in a totally obvious manner.
1. Identity of the victim – sometimes face and body features are unrecognizable – resort
to forensic pathologist, forensic odontology’s, DNA
2. Cause and manner of death –accident, suicide or criminal act.
Are there sigs of struggle?
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Could the injuries have been self-inflicted
What was the location of the weapon that inflicted the injury?
Is there a suicide note?
3. Reconstructing the crime
Determine if the body was moved after death?
What occurred & how did it occur?
How much time would it take to inflict the injuries?
4. Time of the occurrence of death
Question the individuals who appear to be the last ones who have seen the victim
Look for flaws in a witness’ account when it is in conflict with the forensic pathologist’
estimated time of death
Oftentimes, one person may seem to be the suspect, the series of events could be
inculpatory or exculpatory consequences
5. What occurred and how did it occur?
Can be determined from the kind of injury inflicted on the victim (trauma – body injuries
produced by sudden physical force-penetrating blunt or sharp)
Search for weapons used in the crime –suspect’s path when fleeing
Gunshot wounds are of particular interest
Points Taken into Consideration when Finding Human Dead Body Elsewhere
1. The investigator can focus attention on the victim’s background and establish a
possible motive through such information.
2. Victims encountered in indoor scenes will normally have identifying data on the body,
or such data will be available throughout the crime scene.
3. In outdoor scenes, such evidence is normally not as readily available, since the
victim is removed from the personal environment and also outdoor scene may not be
discovered for long period of time; thus evidence may be destroyed by elements of
nature or will be lost.
4. If there are no identifying papers on the victim’s person, fingerprint should be used
as means of identification.
5. Dental structures are highly resistant to destruction, and are frequently useful when
the other portions of the body are totally decomposed (Forensic Odontology).
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6. The skeletal remains of the victim may also help to determine identity, as well as
yield other types of information. (Forensic Anthropology)
7. The widths of the pelvic bones are excellent indicators of the victim’s sex;
8. Determination of the victims age maybe more difficult, in that the victims past the age
of eighteen years have generally achieved their maximum skeletal growth. However,
general age determination can be established via dental structure.
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or in establishing the victim’s movements prior to death. Determining death is not an exact
science.
The penalty of prision correccional in its medium and maximum periods shall be
imposed upon all those who shall have used violence upon the person of the victim.
The penalty provided for parricide in Article 246 and for murder in Article 248 shall be
imposed upon any person who shall kill any child less than three days of age.
If the crime penalized in this article be committed by the mother of the child for the
purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in
its medium and maximum periods, and if said crime be committed for the same purpose
by the maternal grandparents or either of them, the penalty shall be prision mayor.
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the
pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act without the consent of
the woman.
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3. The penalty of prision correccional in its medium and maximum periods, if the woman shall
have consented.
PHYSICAL INJURIES
1. Article 263 Serious Physical Injuries occur when the victim loses any body part,
becomes insane, impotent or blind up until the victim is incapacitated for more than
thirty days.
Penalties:
The penalty of prision mayor, if in consequence of the physical injuries inflicted, the
injured person shall become insane, imbecile, impotent, or blind;
The penalty of prision correccional in its medium and maximum periods, if in
consequence of the physical injuries inflicted, the person injured shall have lost the
use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a
foot, an arm, or a leg or shall have lost the use of any such member, or shall have
become incapacitated for the work in which he was therefor habitually engaged;
The penalty of prision correccional in its minimum and medium periods, if in
consequence of the physical injuries inflicted, the person injured shall have become
deformed, or shall have lost any other part of his body, or shall have lost the use
thereof, or shall have been ill or incapacitated for the performance of the work in
which he as habitually engaged for a period of more than ninety days;
The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period, if the physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than thirty days.
2. Article 265: Less Serious Physical Injuries occur when the victim is incapacitated for
ten days or more but less than thirty days.
Whenever less serious physical injuries shall have been inflicted with the manifest intent
to insult or offend the injured person, or under circumstances adding ignominy to the
offense, in addition to the penalty of arresto mayor, a fine not exceeding Fifty thousand
pesos (₱50,000) shall be imposed.
Any less serious physical injuries inflicted upon the offender’s parents, ascendants,
guardians, curators, teachers, or persons of rank, or persons in authority, shall be
punished by prisión correccional in its minimum and medium periods
3. Article 266: Slight Physical Injuries occur when the physical injuries do not require
medical assistance (if medical assistance is required, the range is 1 to 9 days) or do
not prevent the victim from working.
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1. By arresto mayor when the offender has inflicted physical injuries which shall incapacitate
the offended party for labor from one (1) day to nine (9) days or shall require medical
attendance during the same period.
2. By arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) and censure
when the offender has caused physical injuries which do not prevent the offended party
from engaging in his habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding Five thousand pesos (₱5,000)
when the offender shall ill-treat another by deed without causing any injury.”
The crime of maltreatment is committed when the offender shall ill-treat another
by deed without causing any injury.
When the perpetrator ill-treats another by deed without causing any injury, the crime
committed is called maltreatment (see Art. 266 of the RPC above) which is punishable
by arresto menor in its minimum (1 to 10 days) OR a fine not exceeding P5,000. An
example of maltreatment is slapping a person without the motive of casting dishonor on
the person. Otherwise, if the slapping is done with intent to cast dishonor, discredit or
contempt on the victim, the crime is considered as slander by deed ( see Villanueva vs.
People, G.R. No. 160351, 10 April 2006) .
Article 266-A. (RPC) Rape; When and How Committed – Rape is committed –
1. By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
a) Through force, threat, or intimidation
b) When the offended party is deprived of reason or otherwise
unconscious
c) By means of fraudulent machination or grave abuse of authority;
and
d) When the offended party is under twelve (12) years of age or is
demented even though none of the circumstances mentioned above
be present.
STATUTORY RAPE
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Republic Act No. 11648, or the act increasing the age for determining statutory rape,
received the President's signature on 04 March 2022. The long-awaited law raises the
age of sexual consent from twelve (12) to below sixteen (16) years old.
INVESTIGATIVE PROCEDURES
c. Crime Scene processing – the crime scene should be processed without delay and in
doing so, the investigator should bear in mind the type of offenses and the necessary
levee elements that must be proven. Photographs should indicate the general
appearance of the crime scene with any indication of struggle clearly apparent. Specific
items of evidence such as torn clothing, semen stains and other significant items, should
be recorded in close-up photographs.
Evidences that must be noted/collected:
Soiled clothing of victim
Clothing of suspect
Undergarments
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Beddings
Hair
Blood
Evidences that may reveal the presence of semen
Tire tracks
Fingerprints
Bite-marks
MEDICO LEGAL ASPECTS OF SEX CRIMES
Virginity = a condition of a female who has not experienced sexual intercourse and whose
genital organs have not been altered by carnal correction.
Kinds of Virginity
1. MORAL VIRGINITY - state of not knowing the nature of sexual life and not having
experienced sexual relation.
2. PHYSICAL VIRGINITY - condition whereby a woman is conscious of the nature of the
sexual life but not experienced sexual intercourse. Applies to women who have reached
sexual maturity but not experienced sexual intercourse.
a condition wherein the hymen is intact, with the edges distinct and regular, and the
opening is small to barely admit the tip of the smallest finger of the examiner even if the
thighs are separated.
A condition wherein the hymen is unruptured but the orifice is wide and elastic to admit
two or more fingers of the examiner with a lesser degree of resistance.
3. DEMI-VIRGINITY
a condition of a woman who permits any form of sexual liberties as long as they abstain
from rupturing the hymen by sexual act
3. VIRGO INTACTA
Applied to women who have had previous sexual act but not yet given birth.
WHAT IS DEFLORATION?
1. Breasts- The condition of the breast is not reliable evidence to determine virginity. The size,
shape and consistency of the breast may be hormonal or hereditary.
TYPES OF BREAST
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1.
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5. Hymen - hymen is a piece of tissue covering or surrounding part of your vaginal opening. It's
formed during development and present during birth. It thins over time and tears. Some people
will feel pain or bleed when their hymen breaks, but most will not notice.
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