GSC – DDC Form 1

Date: ________________
Republic of the Philippines Series No.: ____________
State Colleges and Universities Revision: _____________
GUIMARAS STATE COLLEGE
McLain, Buenavista, Guimaras

MODULE IN CDI 2: SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE

Prepared by: Instr. Melvin G. Lagana

MODULE 1: Homicide Investigation and other Violent Deaths

OBJECTIVES: 1. Discussed the different kinds of violent death and applicable techniques in investigation process, applicable laws to
criminal investigation.
2. Defined the different terms of killing process based on the identity and relationship of the offender and victim/s.
3. Discussed the majority of the evidences to be possibly recovered on various crimes against person.
4. Discussed the different signs of death and its characteristics.
5. Differentiate autopsy from post mortem examination
and discussed forms of autopsy
6. Differentiate different kinds of death and discussed stages that may occur on the body until its decomposition process
7. Discussed the different methods to approximately determine the position of the body at the time of death
8. Distinguished the difference between the rigor mortis and cadaveric spasm based on the time of occurrence and its effect
to the dead body
9. Discussed the different steps on crime scene investigation
10. Compared the differences on the appearance of the wound as to the instrument used
11. Discussed circumstances to determine whether the wound sustained by the victim is suicidal, homicidal and or accidental
and discussed the following cause of death as to evidence present.
TOPICS:

Kinds of Violent Deaths

1. Homicide
2. Murder
3. Suicide
4. Accidental death
5. Death due to traffic accidents

Terms Connected with Homicide

a. Criminal Investigation – it is an art which deals with the identity and location of the offender and provides evidence of his guilt through
criminal proceeding.
b. Criminal Investigator – a person who is charged with the duty of carrying on the objectives of criminal investigation –that is the
identifying the guilty party and the location and providing evidence of his/her guilt.
c. Homicide Investigation – it is the official inquiry made by the police on the facts and circumstances surrounding the death of the person
which is expected to be criminal or unlawful.
d. Homicide - killing of a human being depending on circumstances.
f. Death – is the state of complete and persistent cessation of respiration, circulation and other vital functions of the body. it is the return of
the body to a stable equilibrium chemically and physically.
g. Sororicide - the killing of one’s sister
h. Fratricide - the killing of one’s brother
i. Matricide – the killing of a mother by her own child
j. Patricide - the killing of a father by his own child
k. Parricide – the killing of a person to whom he is related such as parent, grandparent, legal wife, or child or grandchild.
l. Infanticide – the killing of a child less than three days old.
m. Suicide – taking one’s own life intentionally and voluntarily
n. Uroricide – act of one who murders his wife
o. Regicide – the murder of killing a king
p. Vaticide – the murder of a prophet
q. Aborticide – the killing of the fetus inside the womb which is so called abortion.
r. Euthanasia – mercy killing or painless death of a person suffering from incurable disease to cut short his suffering. This is murder with
the qualifying aggravating circumstance treachery.
s. Accidental death – is that which occurs beyond the sway of one’s will and lies beyond the bounds of human forceable consequences.
t. Murder – is the killing of another person provided the following circumstances are present: (anyone of them)
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means or persons to insure or
afford impunity;
2. In consideration of a price, reward, or promise.
3. By means of inundation of fire, poison, explosion, shipwreck, stranding of vessel, derailment, or assault upon a street car or
locomotive, fall from an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;
4. On the occasion of any of the calamities enumerated in the preceeding paragraph, or of any earthquake, eruption of volcano,
destructive cyclone, epidemic, or any other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, scoffing or outraging at his person or corpse.

Note: 1. For the purpose of the course, homicide will be interpreted in its generic or comprehensive term to include all crimes against person
mentioned in the revised penal code.
2. Differences: Basis in parricide is relationship between the offender and the victim. Basis for infanticide is age of the victim (less
than 3 days old). In parricide, conspiracy cannot be applied while in infanticide conspiracy is applicable.
 Establishing the Corpus Delicti in Crimes Against Person
In the investigation of crimes against persons such as killing or destruction to life, corpus delicti or the actual commission of the
crime charged must be initially established by the homicide investigator. To this effect, there must be satisfactory evidence to show the
following constituting the corpus delicti:

1. The fact of death or killing occurred

2. The identity of the victim.

THE FACT OF DEATH MAYBE SHOWN BY THE FOLLOWING SIGNS OF DEATH:

a. By the cessation of breathing and respiratory movement – like the heart action, cessation of respiration in order to be considered as a sign
of death must be continuous and persistent.
b. By the cessation of heart sound – there must be entire and continuous cessation of the heart action and flow of blood in the whole vascular
system. As a general rule, if there is no heart action for a period of five minutes, death is regarded.

c. By the loss of palings of nail beds when pressure is applied in the fingernail is released
d. By the cooling of the body (algor mortis)- after death, the metabolic processes inside the body ceases. No more heat is produced but the
body loses slowly its temperature by evaporation or by conduction to the surrounding atmosphere. The rate of cooling of the body is not
uniform. It is rapid during the first two hours after death and as the temperature of the body gradually approaches the temperatures of the
surroundings, the rate becomes slower

ALGOR MORTIS (BODY COOLING)

a. General rule – 1.5 degrees per hour – when room temperature is about 70 degree.
b. Dr. Simpson ; 2.5 degrees an hour for the first 6 hours, and an average of 1.5 to 2 degrees loos per hour over the first 12 hours.
c. Dr. Rhodes, Gordon and Turner: 1.5 degrees for the first 12 hours and 1 degree for the next 12 to 18 hours
d. Factors body temperature at the time of death, body size (fat, slower, child, faster, etc) clothing or covering, environmental temperature
(wind and high humidity increase evaporation of water and hasten cooling) immersion in water (good conductor)
e. By insensibility of the body and loss of power to move – after death, the body becomes insensible and no amount of stimulation is
capable of letting it move.
f. By observing the changes in the skin – the skin after death maybe observed to be pale and waxy looking, there is less of elasticity,
opacity occurs and application of heat on the skin surface will not produce blister or inflammatory reaction.
g. Changes in or about the eye, e.g. loss of corneal reflexes, clouding of the cornea, flaccidity of the eyeball. The pupil is in the position of
rest

THE IDENTITY OF THE VICTIM DUE TO VIOLENT DEATH MAY BE ESTABLISHED BY THE FOLLOWING METHODS.

1. Thru identification made by relatives, friends, neighbors, or by anyone who know personally the victim
2. Thru identification by the bracelets, necklace, rings, and ornamental wearing apparel of the victim.
3. Thru the personal belongings in possession and found in the body like letter, wallet, driver’s license, residence tax, id cards
and others
4. Thru clothing by its tailor marks, laundry mark printed name, size, texture color design.
5. Thru fingerprinting and comparison with records of police department.
6. Thru body peculiarities such as moles, scars, weight, height birth marks, hair, tattoos and dentures

IDENTIFICATION PROCEDURE

1. IDENTIFICATION OF THE VICTIM IS AN IMPORTANT INVESTIGATIVE STEP FOR THE FOLLOWING REASONS.

a. The identity of the deceased may arouse suspicion in mysterious death since the victim may be a person whose life has been threatened or
whose death was desired for criminal purposes.
b. The identity of the dead person provides the focal point for the inquiry since the investigator can then center their attention on the
associates and the acquaintance of the deceased.
c. The identification of the deceased can be traced or related to wanted persons or missing one.

2. CLOTHES AND OTHER ARTICLES

a. In the absence of the next of kin or nearest kin of the deceased person the police usually take the possession of the Property
found in the person of the deceased.
b. The medical examiner may take possession of objects useful in establishing the cause of death
c. In circumstances which the body is found usually determine the number of identifying clues that are present in the victim.

RESPONSIBILITIES OF HOMICIDE INVESTIGATOR.

1. Homicide investigator when called upon to investigate a violent death, stand on the dead man’s shoes, to produce his instincts against those
suspects.
2. If the investigator interprets an accidental death as due to natural death, the widow of the family may be deprived of benefits and other
properties, which the deceased had sacrificed to obtain
3. If he interprets a criminal death as accidental or natural, guilty person is otherwise set scot-free.

MISTAKES IN HOMICIDE INVESTIGATION

1. The mistakes of the homicide investigator cannot be corrected.

2. The homicide investigator should not cross the three (3) bridges, which he burns behind him. It is important that the case be
adequately handled by competent personnel.

THE FOLLOWING ARE THE THREE (3) BRIDGES:

 a. The dead person has been moved – it is therefore necessary that photographs be taken, measurements made, fingerprints taken and other
necessary tasks to be first carried out.
b. The second bridge is burned when the body is embalmed. Embalming destroys traces of alcohol and several kinds of poisons. If poisoning
is suspected, the internal organs should be removed before embalming.
c. The third bridge is burned when the body is burned or cremated. To exhume a body is difficult and expensive. The lapse of time makes
examination doubly difficult and conclusion is hard to arrive at cremation destroys the body itself.

THE MEDICO LEGAL AUTOPSY

1. The real beginning of homicide investigation should be to establish the cause of death accurately.
2. An autopsy should be performed at once when there is the slightest to suspect the probability of homicide.
3. In general, it may be stated that death has been caused by violence and autopsy is always be performed unless there is adequate
proof to the contrary.

NECROPSY REPORT - It is a document stating the cause of death of the victim. This is the medico legal report.

AUTOPSY - An autopsy is a comprehensive study of a dead body, performed by a trained physician employing recognized dissection
method procedure and techniques it includes removal of tissue for further examination.

AUTOPSIES VS POST MORTEM EXAMINATION

Post mortem examination refers to an external examination of a dead body without incision being made, although blood and other
body fluids may be collected for examination.
Autopsy indicates that in addition to an external examination the body is opened and internal examination is conducted

KINDS OF AUTOPSY

1. Hospitals or non – official autopsy

2. Medico legal or official autopsy

DEATH is the termination of life. It is the complete cessation of all the vital functions without possibility of resuscitation

KINDS OF DEATH

a. Somatic or clinical death

b. Molecular or cellular death
c. Apparent death or state of suspended animation.

THE FACT OF DEATH

1. The first action of an investigator upon arriving at the scene of the homicide is the verification of death
2. An individual is said to be dead in the medical sense when one of the vital functions is no longer performing within the body.

a. Respiration
b. Cardiac activity
c. Central nervous system activity
3. In legal sense, death is considered to occur when all of the three above vital functions have ceased.

SUSPENDED ANIMATION

1. Cardiac activity, breathing and functioning of the nervous system reach such a low level activity that a homicide investigator
may be deceived into an assumption of death.

2. The following condition produced simulated appearance

a. Electric shock
b. Prolong emersion
c. Poisoning from narcotic drugs
d. Barbiturate poisoning
e. Certain mental diseased

SOMATIC OR CLINICAL DEATH

This is the state of the body in which there is complete, persistent and continuous cessation of the vital functions of the brain, heart
and lungs which maintain life and health.

MOLECULAR OR CELLULAR DEATH

After cessation of the vital functions of the body there is still animal life among individual cells. This is evidence by the presence of
the excitability of the muscles and celiary movements and other function of individual cells.
About three (3) to six (6) hours later, there is death of individual cells. This is known as molecular or cellular death.

MUTILATED REMAINS

1. HUMAN OR ANIMAL

a. The criminal sometimes remove or disfigure the heads, hands and feet to make identification difficult
b. If only bones are discovered, it may be said that they have buried for a long time. If organic matters are present, some conclusion can be
drawn from the state of decomposition.
 AUTHORITY TO CONDUCT HOMICIDE INVESTIGATION

1. Desk officer
2. Letter request
3. Order
4. Written directly

BASIC EQUIPMENT OF A HOMICIDE INVESTIGATOR

Pen or ball pen

Clipboard
Notebook
Typewriting paper
Flashlight/
Ruler of tape measure

PURPOSE

Record the relevant details of the case.

To serve as record of details in the light of development.
Depository of data which maybe a future subject which would help in report writing, analysis and judgment.
It may serve as documentary evidence in court and to refresh the memory of the investigator while testifying.

NOTE: Don’t forget to jot down the time dispatched, time of arrival and time you left the crime scene.

METHOD OF ESTABLISHING THE TIME OF DEATH

The investigator either by himself or with the aid of the experts determines the approximate time of death. This can be shown by:

1. by testimony of the witness who may correlate the time with certain events, natural phenomena and other conditions. It may be
approximated when the cock crows, position of the sun or the moon, dismissal of classes, wearing apparel of the deceased, ringing of the
church bells and others.
2. By circumstantial proof as to the time of occurrence, like the last time the victim was seen alive, witnesses to prove the suspect coming
from the crime scene at certain approximate time, etc.
3. By the testimony, of experts or technical men such as physician on the following points:

A. PRESENCE OR ABSENCE OF RIGOR MORTIS – Rigor mortis is the stiffening of the body following death. It usually occurs 2-6 hours
after death

RIGOR MORTIS (Stiffening of muscles tissue)

a. General Rates ( average clothed adult, observable in small muscles first)

Detected within 2 to 4 hours

Completed within 6 to 12 hours
Remains for 12 to 18 hours
Gone by 40 to 60 hours

b. Factors. Body temperature at death: high, low, environment

Temperature (heat-hasten, cold-retards) strenuous muscular activity, emotional excitement

B. PRESENCE OR ABSENCE OF POST-MORTEM LIVIDITY –This is the gravitation of blood in the most dependent portions of the
body thus producing reddish discoloration of the area affected. It appears usually 3-6 hours following death.

LIVOR MORTIS

a. rate
Visible – ½ to 4 hours
Well-developed 3 to 4 hours
Maximum 8 to 12 hours

C. Factors: Circulatory failure (stagnation; skin livid prior to death), chronic anemia or acute blood loss ( lividity less marked), carbon
monoxide poisoning; cyanide; case of rapid cooling (water) tradieus spot petechea (over congestion of blood in capillaries)

D. COAGULATION OF BLOOD INSIDE THE BLOOD VESSELS-This usually occurs 6-8 hours following death.

E. VOLUME OF THE STOMACH CONTENTS – The stomach usually empties 3-4 hours after the last meal.

F. DEGREE OF DECOMPOSITION OF THE BODY –In tropical climate, decomposition starts 36 to 48 hours after death. Bodies on
surface ground is transformed into skeletal in a month time; twice longer when the body is in water and one to three years if buried
underground depending upon the nature of the soil, humidity, dept, presence or absence of the embalming fluid, integrity of the coffin,
condition of the body at the time of death, etc
G. OTHER BASIS. Other proofs inferred from the surrounding evidence like the degree of the destruction of the coffin, wearing apparel, and
personal belongings etc. Similarly the nature of the blood stain, whether fresh, clothed or dried may indicate a recent one, while those that are
dried up with certain degree of discoloration show that it is of long standing.

THE FOLLOWING PHYSICAL EVIDENCE MAY ALSO INDICATE THE TIME OF DEATH.

1. The presence of rusts in bladed weapon

2. Presence of smoke odor in the barrel of the gun
3. Spider web in the disturbed crime scene
4. Amount of petroleum in the kerosene lamp.
5. Position of the clock hands when disturbed and out of function
6. Degree of purification of perishable material that may be present in the crime scene.

METHOD OF ESTABLISHING THE POSITION OF THE VICTIM AT THE TIME OF DEATH

The approximate position of the victim at the time of death may be inferred by the following:

1. Posture of the body when found – the body may become rigid in a position in, which he died. Post-mortem lividity may develop in the
assumed position.
2. Post-mortem lividity – hypostatic (accumulation of blood in a dependent part of the body) lividity (bluish gray discoloration) will be
found in the areas of the body where the body lies. If there is already coagulation (clot) of blood, or if the blood has already diffuse into the
tissues of the body, a change of position of the victim will not alter the location of the post-mortem lividity.
3. Cadaveric spasm – this is the instantaneous rigidity of a group of muscles at the time of death due to extreme nervous tension, exhaustion
or injury to the nervous system. The finding of weapon firmly grasped in the palm of the hand of the victim is the proof that it was the
position of the deceased immediately after death.
4. Location of the post-mortem contact flattening – due to the loss of elasticity of the skin, the area wherein the body rest or the skin which
is in contact with the surface wherein the body will be flattened.

DISTINCTION BETWEEN RIGOR MORTIS AND CADAVERIC SPASM

1. TIME OF APPEARANCE
Rigor mortis appears two (2) to six (6) hours after death while cadaveric spasm appears immediately after death.

2. MUSCLES INVOLVED
Rigor mortis involved all the muscles of the body whether voluntary or involuntary, while cadaveric spasm involves only a certain muscle or
group of muscles and are a symmetrical.

3. OCCURRENCE
Rigor mortis is natural phenomena, which occurs after death, while cadaveric spasm may or may not appear on a person at the time of death.

4. MEDICO LEGAL SIGNIFICANCE

Rigor mortis may be utilized by a medical jurist to approximate the time of death, while cadaveric spasm may be useful to determine the nature
of the crime.

STEPS TO BE TAKEN DURING INVESTIGATION AT THE CRIME SCENE

1. ESTABLISH MOTIVE TO THE KILLING. Motives need not to be proved in some criminal prosecution but the
determination of the motive will furnish a good clue in the solution of the crime. The investigator drawing from his inquiry,
experience, and availability of data must base his investigation on a theory that rationally explains the fatal act.

THE MOST COMMON MOTIVES ARE THE FOLLOWING:

Revenge Sex motives

Feud Moral turpitude (wickedness)
Jealousy - love triangle Mental deficiency
Gain - financially or otherwise Self-defense
Civil suit Sadism
2. CONDUCT INTERVIEW AND INTERROGATION OF WITNESSES- The interview and interrogation must be done in
exhaustively and patiently. Observe persons to be interviewed as to their moral, intellectual and physical conditions. Their
background history must be established.

Only direct questioning should be applied to determine the credibility of the witness. If the witness is to testify to what he saw
under difficult condition of visibility, the possession of normal vision, natural or corrected, becomes an important point. Impairment
of hearing would affect the reliability of his testimony in regard to things heard. The investigator should be able to make some
estimate of the witnesses’ power of observation and his ability to relate facts briefly, correctly and clearly without emotionally
disturbed.

3. DETERMINE IF SUSPECT HAS FLED AND DONE INTO HIDING – If the suspect has fled, this is flight which is a sign
of guilt. The absence of the suspect from his home and haunts can be interpreted as flight. A search should be made for the suspect in
different places. Someone should be in position to testify that the accused did not return to his home or visit his usual haunts.

4. GATHER PHYSICAL EVIDENCES TO SHOW SIGNS OF STRUGGLE - The signs of struggle may be due to the retreat
of the victim in the course of the attack, the degree of resistance of the victim to avoid the attack and the degree of resistance of the
victim to avoid the attack. If the victim does immediately becomes unconscious after the first blow, stab, cut or shot, the sign of
struggle may be limited. Nevertheless it could be shown by the following physical evidences.

A. BLOOD
 Generally, no blood marks are produced at the first stage of the attack before bleeding commenced. After the struggle, a large
number of blood stains will be scattered in the area. The blood spots may indicate the area of the crime where such resistance was
offered the movement of the victim and the extent of injuries sustained

B. HAIR
Detached hair which may be found is a certain indication that struggle has occurred. When found, it shall be secured
immediately in an envelope with the proper identification mark for identification purposes.

C. FURNITURE
Overturned and displaced furniture may give an idea of the direction where a struggle proceed or the route by which the victim
or the assailant attempted to escape. If there is a reason that is the offender who overturned the furniture, the articles should be
examined for possible fingerprints. When heavy furniture has been displaced which requires certain amount of force, the
investigator must determine the possibility of more than one person to have done it.

D. MARKS OF WEAPONS
Marks of the wounding weapon may be present in the crime scene. Clean cut injuries of sharp weapon in furniture and walls
due to the victim’s act to avoid an attack. empty shells of a firearm, holes produced by the gun, the weapon itself like bolos, knifes,
dagger, firearm, piece of wood, bars, etc; may be left by the assailant in haste to escape away from the crime scene.

E. EVIDENCE OF MANNER AND DIRECTION OF ESCAPE OF THE ASSAILANT

The shape of the blood stains, the presence of bloody footprints, the location of the fractured glasses of the windows, and
the condition of the doors and other possible places of exits bay be useful clues in determining the manner of escape. The proper
tracing of the foot impression in soil or footprints on the floor indicates direction of movement of the assailant in getting away from
the crime scene.
F. PRESENCE OF DEFENSE WOUNDS IN THE VICTIM

Defense wounds are the result of a person’s instinctive reaction of self-defense. It may be found on the hands in an effort
of the victim to grasp the wounding weapon or be raising the hands to protect the vital parts of the body
If a blunt (not sharp point) instrument is used in the attack, the defense wound will be in the form of contusion or lacerated
wounds at the back of the forearm.
Absence of defense wounds does not eliminate the possibility that the victim made some form of defense.

INTERPRETATION OF INSTRUMENT USED BY THE NATURE OF THE EXTERNAL INJURIES SUFFERED BY THE
VICTIM

1. CONTUSION – an injury found in the substance of the skin with discoloration of the surface due to the extravasations (to cause
of flow) of blood. This is due to the application of blunt instrument.
2. ABRASIONS – (wearing or grazing) – an injury characterized by the removal of the superficial epithelial layer of the skin
brought about by the friction against a hard, rough surface.
3. HEMATOMA – this is the extravasations of blood in the newly formed cavity. It is sometimes called blood tumor. There is
extreme destruction of the tissues underneath the skin thereby allowing the blood to accumulate. Hematoma is caused by a hit of
blunt instrument in areas of the body where bony tissues are superficial.
4. INCISED WOUNDS – this is produced by forcible contact on the body by sharp edged instrument like bolos, knives, axe,
broken glass or sharp edge of oysters.
5. STAB WOUNDS – this produced by the forcible application of a sharp edged and sharp pointed instrument. Stab wounds
penetrate human tissues to some extent. If it involves vital organs or causes severe hemorrhage, it may cause immediate death.
6. PUNCTURED WOUNDS – this is produced by sharp pointed instrument like ice picks, nails, pin, etc. there is more likelihood
to produce infection like tetanus as consequence.
7. LACERATED WOUNDS – this is the tearing of the skin due to forcible contact of a blunt instrument. The edges are irregular
and do not correspond to the wounding instrument.
8. PETECHIAE- this is a circumscribed extravasation of blood in the subcutaneous tissue or underneath the mucous membrane.

EVIDENCE TO SHOW THE FATAL EFFECT OF WOUNDS

1. Amount of hemorrhage
2. Size of the injury
3. Organs and parts of the body involved
4. Mechanical effects on the vital organs

DEATH CAUSED BY FIREARMS

1. GENERAL PRINCIPLE

a. In the investigation caused by firearm, the wound is examined for the purpose of determining the following:
1. Nature and type of weapon used
2. The distance and the direction of fire.
3. The relative position of the victim and the assailant
b. If the bullet is still in the body, the medical examiner shall carefully recover it from the fatal wound, bullet thus recovered,
additional information can be obtained concerning the character weapon.
c. if the gun is recovered which is suspected to be of the murderer’s weapon, it may be possible to identify or exclude it by means
of comparison between fatal bullet and test bullet.
d. in all investigation of unexpected death, all weapon, bullets and shells recovered should be submitted for exact examination.

2. NATURES AND EXTENT OF THE WOUND

A. Two Types of Wounds

1. Entrance wounds
2. Exit wounds
 IT COULD BE DETERMINED BY THE FOLLOWING:

1. The kind of ammunition used.

2. The firing distance.
3. The striking of the bullet with another object (ricochet)
4. Passage through clothing
5. Path of the bullet through the body

B. The shape, size and appearance of the entrance would are affected by the following:

1. The distance of the discharge

2. The type of the weapon.
3. The nature of the weapon
4. The nature and amount of gunpowder.
5. The affected part of the body
C. When a bullet strikes a skin, it pushes against the tough, elastic surface which stretches an incident which a part of the skin
removes the grime (ingrained or soot/carbon) from the bullet and form a gray ring around the entrance wound.
D. The wound itself is larger than the bullet since at close range, it is affected by explosive gases, powder, clothing and in case
of shotgun, a wad may be discovered in the wound.
E. The powder is not completely found and small particles of the gunpowder are driven the skin by the explosives gases resulting
in a tattooing ring.
F. The smoke of the discharge itself is the cause of the discharge, powder marks and scorching are more prominent on the sides
from which the bullet comes.
G. When the discharge is far from the entrance wound, it reveals the discharge product such a tattooing or scorching because of
explosive gases. The wound is smaller

3. SHOTGUN WOUNDS

A shotgun wounds are recognized by the presence of shots/pellets in the wounds. The most common type of shotgun found at the
scene is the 12 gauge shotgun. This weapon when fired from a distance of one to three feet will make a hole.

4. EXIT WOUNDS

If the bullet passes through the body unobstructed by bone, the exit wound is small and inverted, when the bullet strikes the
bone, it may turn over in axis, push fragmented matter ahead and in its part a large exit wound.
It is often times difficult to draw useful conclusions from the relative sizes of the entrance wound and exit wound as it may be
of the same size.

DETERMINATION WHETHER THE WOUND IS SUICIDAL, HOMICIDAL OR ACCIDENTAL

A. EVIDENCE TO PROVE THAT THE GUNSHOT WOUND IS SUICIDAL

1. The fire is usually contact or near contact, as shown by the presence of burning and tattooing of the area around the gunshot
wound.
2. The presence of usually but one gunshot wound. In the most cases after a shot especially at the head, the victim can no longer
perform voluntarily act to inflict another shot except if the firearm used is an automatic or defective one.
3. Portions of the body involved are those accessible to the hands of the victim utilized in committing suicide. Person committing
suicide will not think of difficult way of ending his life unless he has the intention of deceiving the investigator.
4. Presence of suicide note. Care must be taken in the determination of the genuineness of such note.
5. History or cause of despondency (disheartened), family, financial, or marital problem may present sufficient to case him to
commit suicide considering his character and mental condition.
6. Wounding weapon held tightly in the palm of the hand of the victim. A state of cadaveric spasm may be observed which shows
that the weapon is held tightly at the time of his death.
7. Exclusion of all other evidences to show that the case is not suicide

B. EVIDENCE TO SHOW THAT THE GUNSHOT WOUND IS ACCIDENTAL.

1. Usually there is but one shot.
2. There is no special area of the body involved
3. Consideration of the testimony of the assailant and the determination as to whether it is possible to be accidental by knowing the
relative position of the victim and the assailant.

C. EVIDENCE TO SHOW THAT THE GUNSHOT WOUND IS HOMICIDAL

1. The site or sites of the wound of entrance has no point election.
2. The fire is made when the victim is usually some distance away from the assailant
3. Signs of struggle/defense wound may be present in the victim.
4. There may be disturbance of the surrounding on account of the previous struggle.
5. Wounding firearm usually is not found at the scene of the crime.
6. Testimony of witnesses.

EVIDENCE TO SHOW THE FOLLOWING CAUSES OF DEATH

1. TO SHOW GUNSHOT
 a. Presence of characteristic gunshot wound in the body of the victim
b. Recovery of slug inside the body of the victim in the course of autopsy
c. Presence of empty shell at the crime scene
d. Positive paraffin test at the wound of entrance
e. Wounding instrument may be recovered in the crime scene.

2. TO SHOW GRENADE OR BOMB EXPLOSION

a. Severe tearing of the clothing.

b. Wounds of whatever description found in the body of the victim.
c. Presence of shrapnel in the body.
c. Testimony of survivors or witnesses to the explosion.
d. Determination of the motive.
e. Determination of the source of the grenade or bombs.

3. TO SHOW POISONING

a. History shows that the complaints and symptoms appeared suddenly like an acute abdomen, epilepsy, heart failure or cholera.
b. The symptoms appear while the individual is at the state of good health.
c. The symptoms usually appear after meal or after taking some food medicine. The onset of the symptoms are influence by the
modifying factors but in most cases it appears within the hour.
d. When several persons partake the food or drug at the same time, the approximate occurrence of the symptoms are at the same
time.
e. The course of the symptoms may either be getting severe or having steady improvement.
f. Examination of organ for the presence of the suspected poison.
g. Testimony of witness

MODULE 1: PROGRESS CHECK

This progress check is comprised of three (3) questioning type namely; multiple choices, identification and essay type questioning.
All items of questions were derived from your previous discussions.
Answer the following questions based on the instructions attached. Good luck!!!

Name: JOVEN REY ESLABON Date:

Subject:____________________________________________ Year & Sec.: BSCRIM 2-D

1.1. Multiple Choices. Select the best and or correct answer. Encircle the letter of your answer that corresponds to the given question.

1. An investigation process where the investigator conducts inquiry on the facts and circumstances surrounding the death of the
person which is expected to be a criminal or unlawful.
a. Homicide investigation b. suicidal investigation c. killing investigation d. murder investigation
2. Euthanasia is a mercy killing or painless death of a person suffering from incurable disease to cut short of his suffering. This
process is tantamount to the crime of ______with the qualifying aggravating circumstance of treachery.
a. Fratricide b. homicide c. murder d. incidental crime
3. A, a bus driver intentionally bump B, a three year old child to his death who appeared to be as his son to his former girlfriend C. Is
there a crime committed by A?
a. Yes: the crime of infanticide since B, the victim is a three year old child.
b. Yes: homicide since the killing is accidental in nature.
c. Yes: murder due to the fact that the victim although his son however from his former girlfriend and out of wedlock.
d. Yes: parricide because the victim is already 3 year old regardless whether the latter is legitimate or illegitimate child.
4. Killing of sister by a brother. What crime committed based on the Philippine criminal law?
a. Homicide b. parricide c. murder d. sororicide
5. This thing needs not to be proved in the prosecution of criminal person but the determination of which will furnish a good clue in
the solution of the crime. What does the statement refers to?
a. Fact b. instrument c. motive d. evidence
6. The following are the evidence to show the fatal effects of wounds, which is not?
a. Size of the injury b. chemical effects on the vital organs c. none of these d. amount of hemorrhage
7. If the victim does immediately becomes unconscious after the first blow, stab, cut or shot, the sign of struggle may be limited.
However, it could be shown by one of the following physical evidences?
a. Fingerprint b. shoeprint c. hair d. semen
8. Death is the complete cessation of all the vital functions without possibility of resuscitation. Refers to the aforementioned
statement, what and whose principle is best to be applied on it?
a. Medical b. criminological c. legal d. sociological
9. In all cases of conducting death or homicide investigation, what should be the first action of an investigator upon his arrival?
a. Cordon the area b. contain kibitzers c. verify death of the victim d. process the crime scene
10. No more heat is produced but the body loses slowly its temperature by evaporation or by conduction to the surrounding
atmosphere. The rate of cooling of the body is not uniform. It is rapid during the first two hours after death and as the temperature
of the body gradually approaches the temperatures of the surroundings, the rate becomes slower. What usual phenomenon on the
body after death has been described?
a. Post mortem lividity b. livor mortis c. post mortem rigidity d. algor mortis
Name: JOVEN REY ESLABON Date:___________________________________________

Subject:____________________________________________ Year & Sec.: BSCRIM 2-D

1.2. Identification. This progress check requires you to identify the answer that corresponds to each question. Write your answer on the space
provided before the number.

Respiration 1. The fact of death may be shown by the following signs of death like the cessation of the three vital functions
of a person or animal. What vital function ceases when there is loss of palings of nail beds when pressure is applied in the
fingernail is released?

Accidental Death 2. Generally speaking there are two kinds of death based on how an individual died. How do you call a death
where it is caused by accident and incident?

_________________3. As per element provided on the case of parricide, this should be the utmost basis in consideration that this
certain crime occurred and committed by the offender against the victim.

Murder 4. A, a businessman with his cousins B and C killed D by shooting because of rivalry. What was the crime
committed?

Respiration 5. The fact of death may be shown by the following signs of death like the cessation of the three vital functions
of a person or animal. What vital function ceases when there is loss of palings of nail beds when pressure is applied in the
fingernail is released?

Algor Mortis 6. No more heat is produced but the body loses slowly its temperature by evaporation or by conduction to the
surrounding atmosphere. The rate of cooling of the body is not uniform. It is rapid during the first two hours after death and as the
temperature of the body gradually approaches the temperatures of the surroundings, the rate becomes slower. What usual
phenomenon on the body after death has been described?

Stand on the dead man’s shoes 7. The responsibility of the homicide investigator is complicated in the investigation of violent
death. If he commits mistakes, those can no longer be corrected. Therefore it is important that the case should be handled by a
competent investigator to avoid crossing the three bridges. What should be the principle applied in the investigation of violent
death?

When the body is embalmed 8. There are bridges which are not supposedly cross by the investigator in handling homicide
investigation to avoid mistake and or needs to be ignored to prevent burning. Among the following, what bridge needs to be
avoided when the important evidence supposedly to obtain is poison or alcohol or other toxic substances?

Suspended Animation 9. This kind of death is not obviously a true death. There is only a temporary cessation of the cardiac
activities, breathing and functioning of the nervous system reach such a low-level activity that a homicide investigator may be
deceived into an assumption of death.

10. As a sign of struggle as to the extent that a-would be victim wants to defend his own self against the attacker, what would be
the result of a-would be victim’s instinctive reaction of self-defense?

Name:______________________________________________ Date:___________________________________________

Subject:____________________________________________ Year & Sec.:_______________________________________

1.3. Essay. Elaborate or explain the questions below. Write your answer on the space provided below the questions or you may use extra
sheet of paper if needed.
 1. If the father killed his son (2 days old), what crime is committed and why? (10pts)
Answer: Infanticide, because his son is less than 3 days old.

2. Distinguish violent death from natural death. (10pts)

Answer: Violent death explains that someone intended to kill a person while, natural death occur accidentally or died due to diseases.

3. State the similarity and dissimilarity between two (2) principles in the occurrence of death, legal and medical principle. (10pts)

Answer: The similarity between legal and medical is a person is dead due to the cessation of vital functions. The dissimilarity between the
two are; In legal sense, death is considered to occur when all of the three vital functions have ceased (respiration, cardiac activity, central
nervous system activity). While in medical sense it is said to be dead when one of the vital functions is no longer performing within the body.

4. Distinguish cadaveric spasm and rigor mortis. (10pts)

Answer: Rigor mortis involved all the muscles of the body whether voluntary or involuntary and it appears two to six hours after death while,
Cadaveric spasm involves only a certain muscle or group of muscles and are a symmetrical and appears immediately after death.

5. Compare point of entry from point of egress of gunshot as to the characteristics of the wound in human body. (10pts)

MODULE 2: Sex Crime, Carnapping and other Special Laws

OBJECTIVES: 1. Discussed the different forms of sex crime particularly rape and other forms of crimes against chastity as to their elements
and procedures on investigation to recover possible evidences for their prosecution
2. Defined Carnapping and discussed its element as per provided by law
3. Recognized motor vehicle as major fruit of carnapping than any other motor operated vehicle
3. Discussed different methods of operation employed by the carnappers
4. Discussed different kinds of Special laws related to the study
TOPICS:

CONCEPTS ABOUT SEX CRIMES

A. It is triggered by emotion. A person who commits sex crimes has lost control of his emotions. It is not something you can set out
and analyze. It is a compulsion coming deep within the offender.

B. Gratification of the sex urge is often done in strange and morbid methods. It involves an addiction. Sex is a normal human need,
hence, this must be considered in the investigation of the sex crimes.

C. Most sex offenders have their peculiar way to commit this crime.

THE CATEGORIES OF PECULIAR WAYS OF SEX OFFENDERS

A. Fetishism – objects compulsively used in attaining sexual gratification.

B. Symbolism – the representation of things by the use of symbols especially in the art or literature such as systems of symbols and
symbolic meaning; and a group of symblist as in art or literature.
 C. Ritualism – sex offenders of this category use the same approach or pretext all the time. This will help in solving serial rapes by
analyzing the peculiar rituals used.
D. Sex fantacy or dream world – the sex fantacy overcome the offender who puts his dreams to reality to see if he will feel even
better and its importance to him.
E. Sadism – prior acts of cruelty before the sex encounter brings climatic sexual satisfaction.
F. Masochism – sexual satisfaction is gained by being humiliated, hurt or beaten before the sexual act.
G. Sado-Masochism – inflicts injury and at the same time enjoys having injury inflected upon him preceding the sexual act.
H. Voyeurism – a sexual gratification by looking at nude person. Peeping toms are included in this category.
I. Satyrism – an abnormal over-sexual activity on the part of the man. The abnormal sexual offender is called satyr, which was
derived from the Greek mythology of a half-man half-goat animal who could impregnate fifty female goats a day.
J. Nymphomania – the compulsive and uncontrollable feelings of a woman to over indulge in sexual activity. The woman is called
nymphomaniac.
K. Necromania or Necrophilia – sexual gratification on a dead person or love towards a dead person
L. Pedophilia – sexual gratification where the victims are children. The person afflicted with this sexual pervesion is the
pedophile.

OTHER TERMS CONNECTED WITH SEX CRIMES

A. Sodomy – sexual intercourse thru anus or anal sex

B. Oral sex – sexual perversion where gratification is thru the mouth
C. Bestiality – sex gratification is thru sexual intercourse with animals like pets such as dogs, cats, etc.
D. Impotency – the failure to have erection of the male organ
E. Sterility – the failure to procreate or produce offspring. A man may not be impotent but sterile and vice-versa. A woman is
never called impotent but maybe sterile.

VIRGINITY – it is the condition of a woman where the hymen of her vagina is still intact or unruptured.

It does not mean that when the hymen is intact, there is no case of rape. The mere touching of the labia majora (major lips) of the
pudendum (vagina) by the male organ is considered as consummated rape because there is a slight penetration. Virginity is not an element
in the crime of rape because even the prostitute who is veteran of many foreign wars could be a complainant.

Virginity is not only lost thru sexual intercourse but by bicycle riding or other strenuous physical exertion on the part of the
woman, or the insertion of an object while in the act of masturbation.

RA 8353 (ANTI- RAPE LAW OF 1997)

A. Rape now is classified as crime against persons. Previously, it is a crime against chastity. Thus, there is now an impossible crime
of rape. Raping a dead person believed to be alive by the offender is impossible crime of rape.
B. Rape could be committed on male person.
c. Marital rape could also now be committed by the husband
D. The insertion of the penis or objects into the mouth, genitals or anal orifice of another person with carnal knowledge is rape.

Statutory rape – when the victim of rape is twelve years of age and below, it is statutory rape. The reason for this is that even if the child
consented to the sexual intercourse, her consent is not valid because by her age, she could not give a valid consent.

EVIDENCE IN THE INVESTIGATION OF RAPE

a. Panty or other clothing of the victim

b. Physical examination of the victim to determine signs of force such as injuries or the presence of seminal fluids inside her organ
c. Detached pubic hairs of the victim and suspect
d. Physical examination of the suspect and the examination of his clothing
e. Relevant matters at the scene of the crime
f. Testimonies of witnesses if there is any
g. Written complaint of the victim

CARNAPPING

The Anti-Carnapping law – RA6539

Carnapping Defined – it is the unlawful taking with intent to gain, a motor vehicle belonging to another without the latter!s consent or by
means of violence against or intimidation of person or using force upon thing.

Elements of Carnapping

Unlawful taking
1. Intent to gain
2. Motor vehicle belonging to another
3. Lack of owners consent
4. By violence or intimidation against persons or force upon things.

Definition of a Motor Vehicle (sec 2. RA 6539)

Motor vehicle is any vehicle propelled by means other than muscular power, using the public highways, but excepting road rollers, trolley
cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks and cranes, if not used on public highways,
also vehicles which run only on rails or trucks, tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes.
Trailers having any number of wheels,when propelled or intended to be propelled by attachment to any motor vehicle with no power rating.
Macro etching – it is the chemical process of determining the authenticity of the engine and chassis numbers of a motor vehicle which is a
requirement before clearance is used for registration of newly transferred vehicle from dealers owners or buyers.

Micro etching – it is the chemical process of restoring erased or tampered engine and chassis numbers. The process is by continuous
application of strong acid on the suspected tampered or erased numbers.

How to Detect Stolen Vehicles

a. No License Plate Number
b. Sporting Improvised Plates
c. Sporting plates which are for specific vehicles like yellow plate attached to the private vehicles
d. Abandoned vehicles
e. Fake license plates or stickers
f. No sticker for the current year
g. Haphazardly painted
h. Plates do not correspond to the year or model of the vehicle

Modus Operandi of Carnappers

a. Selection of car make or model which easily marketable due to high demand such as honda, pajero
b. Collusion of carnappers with sales agents of car dealers who furnished a copied key and the address of buyers
c. Use of false key while parked unattended
d. Carnappers sporting as police officer who will check and confiscate purportedly carnapped vehicle.
e. By he use of firearm to intimidate or exact violence on the driver .
f. Going around early morning where they will drive away cars being washed and while the ignition key is on the switch
g. Waiting at the gate for the car to arrive or leave where carnappers use violence or intimidation to the driver.
h. Owners make fictitious report of their vehicles being carnapped, the vehicle then is hidden stripped and dismantled for
sale to automotive parts outlets, meantime, the insurance is collected.

Other Special Laws

1. R A 7691 (Barangay conciliation)

2. RA 3326. An act to establish period of prescription for violations penalized by special acts and municipal ordinances and to provide
when prescription shall begin.
3. R A 6981 – (witness Protection Program)
4. RA 8293- an act prescribing the Intellectual property code and establishing the intellectual property office, providing for its power and
functions
5. RA6235 ( Anti Hijacking law)
6. RA 3019 ( Anti Graft and Corrupt Practices Act)
7. RA1379 (Forfeiture of Ill Gotten Wealth)
8. RA7877 (Anti Sexual Harassment Act)
9. RA7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act in relation to murder, mutilation or
injuries to a child)
10. RA8353- an Act Expanding the Definition of the Crime of Rape, Reclassifying the same as a Crime Against Person, amending for the
purpose the revised penal code) repealed article 335 on rape and added a chapter on rape under title 8.
11. RA7438 An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation by officers , and providing
penalties for violation thereof.
12. RA8493 (the Speedy Trial Act of 1998)
13. RA7659 ( the Death Penalty Law) an act to impose death penalty on certain heinous crimes, amending for that purpose the revise penal
code, as amended, other special penal laws and for other purposes.
14. RA8505 (Rape Victim and Assistance Protection Act of 1998) an act providing assistance and protection for rape victims, establishing
for the purpose a rape crisis center in every province and city, authorizing, and for other purposes.
15. RA4103 ( Indeterminate Sentence Law) an act to provide for an indeterminate sentence and parole for all persons convicted of certain
crimes by the courts of the Philippines islands; to create a board of indeterminate sentence and to provide funds therefore and for other
purposes.
16. RA4200 (Anti Wire Tapping Act) an act to prohibit and penalize wire tapping and other related violations of the privacy of
communication, and for other purposes.
17. RA7309 (Act Creating a Board of Claim) an act creating board of claim under the department of justice for victims of unjust
imprisonment or detention and victims of violent crimes and for other purposes.
18. RA 8177 ( Act Designating Death by Lethal Injection) an act creating lethal injection as a method out capital punishment, amending the
purpose article 81 of the revised penal code, as amended by section 24 of act no 7659.
19. RA7080. (Anti Plunder Act) an act defining and penalizing the crime of plunder
20. RA 8049 (Anti Hazing Law)an act regulating hazing and other forms of initiation rites in fraternity sororities, and other organization and
providing penalties therefore.
21. RA 6539(Anti Carnapping Act of 1972)
22. BP 22 (Bouncing Check)
23. RA 9165( The Comprehensive Dangerous Drugs Act of 2002)

Presidential Decrees

1. P .D 1612- (Anti Fencing Law)

2. P D 532. (Anti Piracy and Anti Highway Robbery Law)
3. P .D1829 An Act which Penalizes Obstruction of Apprehension
and Prosecution of Criminal Offenders. Effective January 16, 1981. Punishes Acts Commonly Referred to as Obstruction of Justice.
4. P D 1866. (Illegal Possession of Firearm)
5. P D 749. The decree Grants Immunity from Prosecution to a Private Person or Public Officer who shall voluntarily give information
and testify in a case of bribery or in a case involving a violation of the Anti Graft and Corrupt Practices Act.
6. PD 968 (Probation Law of 1976) Establishing a Probation System, Appropriating funds therefore and for other purposes.
7. PD 603 As Amended (The Child and Youth Welfare Code)
8. PD 533 ( Anti Cattle Rustling Law)
 MODULE 2: PROGRESS CHECK

This progress check is comprised of three (3) questioning type namely; multiple choices, identification and essay type questioning. All
items of questions were derived from your previous discussions.
Answer the following questions based on the instructions attached.

Name: JOVEN REY G. ESLABON Date:_________________________________________

Subject:____________________________________________ Year & Sec.: BSCRIM 2-D

2.1. Multiple Choices: Multiple Choices. Select the best and or correct answer. Encircle the letter of your answer that corresponds to the
given question.

1. Most sex offenders have their peculiar way to commit sex crime. This way or method peculiar to an offender in every type of
sexual crimes they may commit is known as?
a. locus criminis b. modus operandi c. corpus delicti d. cul de sac
2. It refers to the condition of a woman where the hymen of her vagina is still intact or unruptured.
a. wedlock b. widow c. virginity d. abandoned
3. Virginity is not only lost thru sexual intercourse but by other several means. Which of following factors where virginity could be lost even
without sexual intercourse?
a. bicycle riding b. stretching c. any of these d. the insertion of an object while in the act of masturbation
4. The law reclassified rape as crime against person and expanding its definition?
a. RA 6713 b. RA8177 RA 8505 d. RA 8353
5. Aires is 11 years old, a daughter of business tycoon couple who died due to plane crashed. Since then, the responsibility of taking care of
her was granted to her uncle since she has no more grandparents to the same. At her age, Aires looks seemingly a teenager with a seductive
charisma that influences the feeling of her uncle to think of having sexual intercourse with her. Due to the fact that Aires owed everything
from him (uncle) and even her life, she allowed her uncle doing what he wants to do with her so to arouse his sexual craving without any
hesitation from her. Based on the scenario, was there a crime committed?
a. No, since the act done by the uncle of Aires is in accordance with her will.
b. No, since the sexual act was in accordance with Aires’ consent.
c. No, since both of them wants to satisfy their sexual craving.
d. Yes, (Statutory rape) since Aires is 11 years old at the time of sexual act.
6. Which of the following sexual crimes stipulated that virginity is not an issue?
a. abduction b. rape c. seduction d. none of these
7. The following are the elements of carnapping, which is not?
a. Unlawful taking b. Intent to gain c. Motor vehicle belonging to owner d. None of these
8. In what section of RA 6539, the definition of motor vehicle found?
a. Sec. 1 b. Sec. 2 c. Sec. 3 d. Sec. 4
9. In the Anti-Rape law of GS50 WNP, marital rape is could now be committed by the husband against his wife. This statement is?
a. may be true b. false c. correct d. somewhat true
10. The failure to have erection of the male sex organ?
a. impotency b. sterility c. fertility d. asexuality

Name: JOVEN REY G. ESLABON Date:___________________________________________

Subject:____________________________________________ Year & Sec.: BSCRIM 2-D

2.2. Identification. This progress check requires you to identify the answer that corresponds to each question. Write your answer on the
space provided before the number.

Vagina 1. It does not mean that when the hymen is intact, there is no case of rape. The mere touching of the labia majora of the
pudendum by the male organ is considered as consummated rape because there is a slight penetration. Pudendum means?

Statutory Rape 2. When the victim of rape is twelve years of age and below.

Macro Etching 3. It is the chemical process of determining the authenticity of the engine and chassis numbers of a motor vehicle which is
a requirement before clearance is used for registration of newly transferred vehicle from dealer’s owners or buyers.

Micro Etching 4. It is the chemical process of restoring erased or tampered engine and chassis numbers. The process is by continuous
application of strong acid on the suspected tampered or erased numbers.

5. RA 3326 is an An act to establish period of prescription for violations penalized by special acts and municipal ordinances and to provide
when prescription shall begin. What is a prescription for a violation of an ordinance?

RA No. 8505 6. An act providing assistance and protection for rape victims, establishing for the purpose a rape crisis center in every
province and city, authorizing, and for other purposes.

________________7. In Anti-Fencing Law, who sells stolen property?

P.D No. 1612 8. It is an act of buying stolen property.

9. Law penalizing the act of stealing domesticated animals as property like carabao, cow, goat and the like.

10. What law provides provisions of the probation for children?

Name: JOVENREY ESLABON Date:___________________________________________

Subject:____________________________________________ Year & Sec.: BCRIM 2-D

2.3. Essay. Elaborate or explain the questions below. Write your answer on the space provided below the questions.

1. Distinguished rape stipulated in RPC from rape provided by RA 8353. (10pts)

2. Enumerate types of virginity and define or explain each of them. (10pts)

Answer: 1.) Moral virginity - is a state wherein the female is not physically and sexually matured, and has not experience sexual
intercourse.

2.) Physical virginity - a condition of a female wherein she is conscious about sexual life, the sex organs and secondary sex
characteristics are fully developed but had not experienced sexual intercourse.
a.) True physical virginity
b.) False physical virginity

3.) Demi virginity - is a condition of a woman who allows any form of sexual acts but refrain from rupturing the hymen.

4.)Virgo intacta – is a condition of a woman who had several sexual intercourse but had not born a child.

3. Distinguish rape with carnal knowledge from rape with sexual assault. (10pts)

4. State the similarity and difference between RA 7659 and RA 8177

5. Stipulate the elements of the following sexual crimes. (15pts)

5.a. acts of lasciviousness
 5.b. adultery

5.c. concubinage

MODULE 3: Police Arrest, Searches and Seizures, Raids

OBJECTIVES: 1. Defined arrest
2. Discussed how it is executed validly, its essential requirements, who may execute who are exempted and rights of the person under
arrest as per provided by law
3. Discussed the territorial effectivity of arrest
4. Discussed the general procedure on how to effect arrest
5. Demonstrate how to apply specific techniques in arresting person to be arrested
6. Defined search and seizure
7. Discussed the validity of search and seizure by virtue of search warrant and search without warrant
8. Demonstrate the different ways or methods of conducting search
9. Defined raid and discussed its purpose
10. Discussed the elements of raid and responsibility of each operating personnel and procedures in conducting raid

TOPICS:

1. Arrest
Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. Police arrest is
the act of taking an offender into custody and imposing restraint upon him with formal notification that he is “under arrest”

2. Who are Exempt from Arrest?

A. Senators or members of house of representative, while congress is in session, in all offenses punishable by not more than 6 years
imprisonment.

B. Diplomatic officials and their domestics.

3. Duty of arresting officer. It shall be the duty of the officer executing the warrant without unnecessary delay to arrest the accused and to
deliver him to the nearest police station or jail.

4. Life of warrant of arrest. A warrant of arrest, even if not served within the statutory period, remains valid unless recalled by the issuing
court, or if the accused is arrested or has voluntarily submitted him self to the jurisdiction of the issuing court, unlike a search warrant which
has a lifetime of only (10) days from its date of issuance.

5. When arrest may be legally effected.

a. In general, an arrest can be validly effected only upon lawful order or warrant of competent court or judge.

b. Lawful warrantless arrests:

I. When, in the laws enforcer’s presence, the person to be arrested has committed, is actually committing, or is attempting to commit
of an offense.
II. When an offense has in fact just been committed, and the officer has personal knowledge of facts indicating that the person to be
arrested has committed it.
III. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
IV. If a person lawfully arrested escapes or is recued, any person may immediately pursue or retake him without a warrant at any time
and in any place within the Philippines.
V.When the arrest is made by a bondsman for the purpose of surrendering the accused.
VI. Where the accused released on bail attempts to leave the country without court permission.
VII. Violation of conditional pardon, punishable under article 159 of the revised penal code as a case of evasion of service of
sentence
6. Who may execute arrest. Among others, members of the PNP and the NBI may effect arrests.
7. How to Effect Arrest?
 A.In general. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person
making the arrest. No violence or unnecessary force shall be used in making an arrest, and the person arrested shall not be subjected to any
greater restraint than is necessary for his detention. (sec. 2, rule 113.)
B. Making the arrest
I. Use good judgement in connection with the arrest.
II. Assume that the subject is armed and will take your life if given an opportunity.

C. Arrest on the street

I. This should be made from the side or rear when possible.
II. Subject should be forced toward a building.
III. Avoid congested areas when possible.

D. Arrest at home, office or business establishment.

I. Restrict the subject’s movement. Do not grant requests for personal privileges before being searched.
II. Clothing and other things requested should be examined for weapons or items of evidence before turning them over to
the subject.
8. Territorial effectivity of a warrant of arrest. Warrants of arrest issued by metropolitan trial courts, municipal trial courts or municipal
circuit trial courts can be served anywhere in the Philippine without a certification by a judge of the regional trial court. (supreme court
circular no. 14, 22 oct 85)
9. Duty of person making an arrest without a warrant. Any person making an arrest on legal grounds shall, without unnecessary delay
and within the time prescribed under art. 125 of the Revised Penal Code. Take the person arrested to the proper court or judge for appropriate
action. However, it is not the physical delivery of the arrested person that is required under art. 125 of the RPC, but the filing of an
Information against the arrested person in the proper court, where the judge has the authority to issue an order of release or of confinement.
10. Periods within which person arrested without a warrant should be charged in the proper forum. Executive order no. 272, dated 25
July 1987, amended article 125 of the revised penal code by extending the period authorized to detain a person prior to delivery to the judicial
authority, to wit: six (6) to twelve (12) hours for crimes or offenses punishable with light penalties; nine (9) to eighteen hours for crimes or
offenses punishable with correctional penalties; and eighteen (18) to thirty-six (36) hours for crimes or offenses punishable with afflictive or
capital penalties.
11. Right of attorney or relative to visit person arrested. Any member of the bar shall, at the request of the person arrested or of another
on his behalf, have the right to visit and confer privately with such person, in jail or any other place of custody at any hour of the day or, in
urgent cases, of the night. This right shall be exercised by any relative of the person arrested subject to reasonable regulation. (sec. 14, rule
113.) executive order no. 155, dated 30 march 1987, amending republic act no. 857, penalizes any public officer who deprives a person of his
right to counsel. The penalty shall be prison correctional or imprisonment of 6 months and 1 day to 6 years.
12. Medical examination of arrested person/suspect. Immediately after arrest of a person ordered arrested by the court, or of a suspect
under investigation, he should be subjected to a medical examination. Prior to his release or any change of custody, the suspect should also be
medically examined by a medico-legal officer or, in the absence of such medico-legal officer, by any government physician in the area.
13. Summoning assistance for the arrest. Any officer making a lawful arrest may verbally summon as many persons as he deems
necessary to aid him in making the arrest. Every person so summoned shall aid him in the making of such arrest, when he can render such aid
without detriment to himself. (sec. 10 ibid.)
14. Right of person arrested. Republic act no. 7438 states the rights of a person arrested, detained or under custodial investigation.
Police restraint- this is a method employed by the investigators to deprive the liberty of a person by taking him into custody, otherwise
known as apprehension. This is usually called as “detaining for questioning” protective custody and “holding a short affidavit”.

GENERAL PROCEDURE OF ARREST

As a general rule, the safety of the bystanders and the persons who have nothing to do with the person to be arrested must be
insured in making arrest. Force maybe used but only sufficient force necessary to subdue the person to be arrested shall be applied and in
addition to this, the following guidelines should be adopted.
1. Summon assistance- it is advantageous to have an assistant present in effecting an arrest. This will be an additional safety
measure to the arresting officer and to provide witness to any criminal occurrence or to significant evidentiary facts.
2. Select the place of arrest- the place of arrest must be in a place where there is the minimum number of avenue of escape,
free from outside interference and free from any possible involvement of the by-standers. Isolation is desirable since
congestion may lead to outside interference. Intersection affords to many avenue of escape. Congested area and street will
prohibit the use of fire arm because of the possibility of injuring the buy stander. The apprehension must be in a place free
from interference of associates.
3. Follow the behavior in making the arrest- a direct or straight forward manner of arrest is preferable. The suspect should be
notified that he is being placed under arrest if possible. The investigator should identify himself and inform the subject that
he is to be arrested. A preliminary search can be accomplished in an inconspicuous manner. The subject is then removed to
a place where a thorough search can later be made.
4. Determined the necessary force to be used- the degree and kind of force to be applied to effect an arrest should only be
proportional to the calculated resistance to be offered. Immoderate or excessive force should not be used. But the
investigator should not, under any circumstances. Retreat in the face of resistance. The rule is, “stand your ground”. If the
investigator uses a revolver, the chambers should be fully loaded and hammer should be in the uncooked position. The
investigator should not draw his weapon to use it.

SPECIFIC TECHNICS OF EFFECTING ARREST

1. Apprehension on foot - this method must be done on street intersections. The investigators must wait for the subject to have
turned the corner and the arrest must be made in not less than ten yard away from the corner. If the investigator is working
alone, he should order the subject to stand facing the building or wall and questioning should be made when subject is on
that position. The investigator should hold his gun at a distance of at least four feet from the subject back. If two
 investigators are present one should stand guard at a distance of about ten feet while the other performs the arrest or
question the subject
2. Apprehension on motors vehicles - the police should run along side of the subjects vehicles while one of the investigators
order the driver or subject to stop at the side of the road. The police vehicle should stop at the back of the subject’s car. One
of the investigators should approach the subject’s vehicle from the rear while the other stand in strategic positions near their
own vehicle. The arrest should be announced and the occupants of the detained vehicle should be ordered to alight one at a
time on the road with the hands up. They should be ordered to stand for some distance from the vehicle and one of the
investigators should now inspect the car to ascertain if all the occupants have alighted. If the subject’s vehicle is to be
driven to the headquarters, the investigator should take the wheel and drive close behind the police vehicle. If the subject’s
vehicle is to be left behind it should be searched and locked.
3. Apprehension in a building- if search will also be a possible incident for the arrest, a search warrant maybe necessary. The
cooperation of the building owner, caretaker and security guard should be enlisted and effort should be made to
unnecessarily disrupt the normal routine business in the building. If it is an hotel, the normal questioning of the hotel
manager as to the layout of the subject’s room must be made before the apprehension. A number of investigators should be
assigned to the possible avenue of escapee.
In the actual apprehension, the investigator should knock on the door and announce that he is a bellboy and is delivering
a telegram. If the door is now opened by the subject, the investigator should move in quickly, force the subject back into the
room and separate inside the room, avoiding the danger of crossfire.
If the door is not opened, a pass key should be quietly inserted and turned without standing in front of the door. One
agent should kick the door aside sharply to determine if anyone standing behind it. Again, the agents should move quickly
and spread out against the near wall. However, in the event that the subject is found in the following position, this procedure
must be done:
A. Sleeping subject- care must be exercised if the subject is sleeping for possible concealed weapon under the pillow.
The pair of agents should proceed quietly to the bedside. If a third agent is pressent, he should watch for hidden
confederates.
B. Subject lying on his back- one agent should stand near the foot of the bed while the other proceeds to the side to act
as guard. The agent on foot should snatch the covers quickly from the subject. The other agent should then order the
subject to put up his hand and get out of bed. He should then identify himself and make the formal arrest.
C. Subject prone in bed with hands under the pillow- the agent should proceed to the side of the bed, seize the wrist
of the hidden hand and ordered to withdraw slowly. This will prevent him to get whatever concealed weapon he has.

3
POLICE SEARCH AND SEIZURES

1. Search of a person -is conducted to discover weapons, or evidence to determine identity.

2. Seizure- is the taking custody of property found by searching.
3. Search warrant- is an order in writing and issued in the name of the people of the Philippines, signed by municipal or city judge
and directed to a peace officer, commanding him to search for personal property and bring it before the court. (sec. 1, rule 126, rule
of court)

LAWS APPLICABLE TO SEARCH AND SEIZURES

1. Sec. 1, rules 126-definition of search warrant

2. Sec. 2, rules 126- the personal property to be seized
3. Sec. 3, rules 126- requisites for issuing a search warrant
4. Sec. 4, rules 126- examination of applicant for a search warrant
5. Sec. 5, rules 126- issuance and form of search warrant
6. Sec. 6, rules 126- right to break door or window to effect the search
7. Sec. 7, rules 126- search of house, room, or premises to be made in the presence of witnesses
8. Sec. 8, rules 126- time of making search
9. Sec. 9, rules 126- validity of search warrant (lifetime)
10. Sec. 10, rules 126- receipt for the property seized
11. Sec. 11, rules 126- delivery of property and inventory thereof to the court
12. Sec. 12, rules 126- search without warrant of person arrested

METHODS OF SEARCHES BY THE POLICE

1. Preliminary searches of person- this is ordinarily made at the time and scene of an arrest. Its primary purpose is to discover concealed
weapons and seizures of incriminating evidence, which might otherwise be destroyed.
a. Wall search- a subject to be placed in position for a wall search is first ordered to face the wall with his feet approximately one
yard from the wall. He is then made to lean forward against the wall with his head down. In this position, he is off balance. If he
moves his hand from the wall, he will fall down. His loss of balance prohibits any sudden movement or any attempt to strike a blow
against the investigator. During the search, the investigator stand well in the back of the subject, covering him with firearm. When
the subject is in a leaning position, his feet are forced open to another 12 inches from each other to keep him more unbalance. Then
place the investigator leg in between the legs of the subject. In this position, the subject is easily tripped if he attempts a sudden
movement. To search the right side of the subject, the investigator places his gun on his left hand and searches with his right hand.
For the left side, the left hand is used with the gun in his right hand.

Suggested methodical search in wall search:

1. Remove the subject’s hat, examine it and replace it.
2. Feel along the back from the area between the shoulder to the wrist and up to the right armpit.
3. Run the hand firmly along the right arm to the fingers grasping continously.
4. Feel the throat, chest and waist on the appropriate side.
5. Empty the watch pocket.
6. Empty all other pockets.
7. Examine for false pocket.
8. Empty the trouser pocket on the side and back.
9. Search the crits areas.
 10. Feel down the inside of the leg to the ankle.
11. Search the trouser cuffs, sock and shoe opening.
12. Feel the outside of the leg.
Note: After completing the search on one side, the investigator steps back, shift his gun to the other hand, and proceeds to search the
other side.

b. Kneeling search- this is used where no wall of upright object is available for the wall search. The subject is required to
kneel with hands raised of secured behind him with handcuffs. The search technique is similar to that used in the wall
method. The subject is directed to remain motionless and face front. The officer should place one foot on the heel of the
foot of the subject. Should the subject attempt to resists, the investigator can pin the heel of the subject to the ground.

c. Floor search- the subject is in prone position, face down touching the ground, with arms extended over the head. The
investigator crouches at the side of the subject at the region of the waist of subject.

d. Standing search- the subject is in the standing position with feet apart and hands raised. The searcher stands to the rear
and uses the technique in wall search. This method is only employed when there are two or more arresting officer.

2. Complete searches of person- if there is doubt as to the thoroughness of the preliminary search, a second search should be made at the
place of detention. The subject is required to remove all his clothing and place it on a table. Then the subject should then be searched
carefully. This normally done when the investigator is looking for the fine particles of piece of evidence such as iron and glass fragments, soil
and dirt, traces and prohibited drugs and others.
In the examination of the subject and clothing, particular attentions must be given to the following:
a. Articles that might be used against the searchers or to effect an escape (firearms knives, knuckles, explosives and others)
b. Articles that might be used by the subject to commit suicide such as poison, razor blade, etc.
c. Articles that constitute the fruit of the crime.
d. Articles used in the commission of the crime.
e. Articles of evidence that may be used to support charges against the subject. (papers, maps, documents)
f. Articles relating to any other criminal activity of the subject.

How to Apply Handcuffs or Other Restraining Devices:

While the assisting investigator is guarding the subject the searching investigator returns his weapon to the holster and working
from the back of the subject, orders the suspect to give his right wrist to which the investigator fastened one cuff. The searching
investigator will then order the subject to place his right hand behind him. Then the subject is ordered to place his head against the wall
and put his oher hand in the rear. The second cuff is then place. If the subject is to be transported a great distance, it is desirable to place
the handcuffs in front and secure the cuffs to his belt. If there are more than one prisoner and there is only a pair of handcuffs, one cuff is
attached to one and the other to another subject. If there are four subjects, the chain of one pair of cuff can be passed through another.

NOTE: if no handcuff is available, the subject’s belt can be used. Necktie or short piece of rope can be used.

THE POLICE RAID

Raid - is a surprise invasion of a building or area. It is an attack on small scale of a limited territory. The raiders must be armed with a
valid searching warrant.

Purpose of Raid

1. To effect an apprehension.
2. To obtain evidence of illegal activity by surprising in flagrante delito.
3. To recover stolen property

THE PLANNING OF A RAID

A successful raid depends upon an intelligent planning and understanding of its nature. It must be performed superstitiously and
with speed. There must be superiority of manpower and equipment, effectively implemented by intelligent coordination.

The situation must be estimated. The mission should be clearly stated, the extent of the opposition should be carefully
calculated. The terrain and buildings should be subjected to close study. A plan should be evolved for the achievement of the objectives
with efficiency and with minimum of personal injury and property damage.
The participants should be informed by the raid commander of the precise mission of operation; the probable identity of the
expected opposition; the arrest that should be made and the additional evidence which may be presented or which is necessary for the
investigation.
A planned raid must be preceeded by a superficial reconnaissance of the place. This includes the study of the following:

a. Building- the structure should be studied to learn the location of the doors, common, exits, fire escapes, communication facilities,
windows, roof layouts and etc.
b. Persons- occupants and visitors of the building should be noted. The frequency and time of their visits is of importance in planning
the raid. The number of persons inhabiting the building at various times of the day should be learned.
c. Neighborhood- the neighboring building may also be studied. Occupants of the larger building may be associated with adjacent
building. The danger of counter-attack from sympathetic neighbors must be anticipated. Approach and access to the target building
should be studied.
d. Topography- the broad surrounding area must be entered into an intelligent plan. The number of lanes, the direction of the streets,
traffic lights and the volume of traffic at a given time should be studied. Avenue of escape, point of road blocks and other physical
obstacle of the terrain must be noted.

PRINCIPAL CHARACTERISTICS OF AN EFFECTIVE PLAN OF RAID

1. The plan must be simple - the plan must not be unnecessarily complicated to defeat its objective.
 2. The composition of the raiding party must be determined - the raid commander and his assistant should be men of experience in
police raid. Other members of the raiding party should be given specific assignment such as covering, entering or guards.
Secondary assignments should be made in anticipation of accidents.
3. Position and movements must be précised - the members of the party should be thoroughly briefed. The briefing must be in a
conference room where map of the area will be used to show positions, specific duties and operational movements. The raid
commander will be responsible for the proper coordination of all groups in the raid.
4. Weapons to be used must be properly checked - proper instructions should be given regarding the weapon to be carried and their
use.
5. Signals for coordination must be adopted and studied - visual, audible and electronic equipments can be employed, to insure
constant contact. Hand signal, flare pistol, whistles, portable two-way radios, field telephone and public address system can be
included in the equipments.
6. The point of danger must be known and explained - the past history of the subjects of the raid should be known in order to form an
estimate of the probable danger of the operation. A determination should be made as to whether the opposition possess arms or has
used arms in the past. The preliminary surveillance should provide such information.
7. Transportation needed must be available - three types of transportation should be made ready. There should be one vehicle
necessary to convey the raid party to its destination. The other should be provided to carry prisoners and evidences on the return
trip. The last would be a high-powered pursuit car in good condition to be used in the event of any attempted escape by anyone of
the subject.
8. The members of raid party musr be shown and be familiar with raid sketch or model - this is a simple map or blue print sufficient
for the purpose of instruction and orientation. The map should show the road network and special terrain feature, which will affect
the operation. The communication line and the probable avenue of escape must be shown. The entrance and exit to the buildings as
well must be indicated. The map must also show the general area, landmarks, water, tower, buildings, avenues, windows, exit,
point of cover and concealment, lighting, location of raid party elements, basic and alternate plan.

DUTIES OF THE RAIDING PERSONNEL:

1. Raid commander- supervises all the functions and operations.

2. Assistant raid commander- similar to the raid commander. He usually relays the instructions of the raid commander to the
personnel.
3. Other personnel- the personnel should ted for their good judgment and resourcefulness. Their experience should be the basis
for key positions.

THE POLICE RAID OPERATION

1. Approach to the assembly point - After being briefed concerning the assembly point, the participants in the raid proceed to the
rendezvous. The place of assembly must not be too close to the target. The vehicles light should be extinguished on arriving at the
assembly point. All vehicles belonging to the subjects near the target should be rendered in operative by the simpliest available
means. When the raiding party is finally assembled, an accounting of the personnel should be made. Equipments should be checked,
watches synchronized and arrangements of road blocks of vehicles and pedestrian put into effect.
At a given time, the building or area will be surrounded by the covering unit. Each raider must occupy his assigned position and
should give a ready signal.
2. Warning to the subjects if necessary - In some situation, it may be desirable to communicate with the suspect. This can be done by
voice, telephone, or public address system. The raider should identify themselves, their purpose should be make know and the
suspects requested to surrender. If he complies, he should emerge from the building and subject himself to a search and restraining
device.
3. Attack on the building in case of refusal to surrender - If the suspect refuses to surrender or it is advisable to proceed with the raid
surreptitiously and without warning to the suspect, entrance must be in to the building. The investigators assigned to effect entry
should make use of all possible cover, such as walls, lodges, adjacent buildings and fences. The door should be open with a hard push
to insure that no one is behind it.
4. Final acts of the raiding party - when the raid is completed, the raid commander will find himself responsible for the security of the
installation, protection of the property, apprehension of the associates of the suspects. The members of the raiding party should re-
assemble at a designated location for a final roll call to account for all the members of the raiding party.
5. The post operation critics - upon arrival at the office of the raiding party, the raid commander should immediately call for a meeting
of all the members of his raid party. The purpose is to assess the success and failure of the operation. Any criticism from the men
should be welcomed and studied and recorded for future reference and guide.

MODULE 3: PROGRESS CHECK

This progress check is comprised of three (3) questioning type namely; multiple choices, identification and essay type questioning.
All items of questions were derived from your previous discussions.
Answer the following questions based on the instructions attached. Good luck!!!

Name: JOVEN REY G. ESLABON Date:___________________________________________

Subject:____________________________________________ Year & Sec.: BSCRIM 2-D

3.1. Multiple Choices. Select the best and or correct answer. Encircle the letter of your answer that corresponds to the given
question.

1. It came from the Latin word arrestare which means cause to stop.
a. Search b. seizure c. arrest d. raid
2. What do you call a written order commanding a police officer to apprehend the person described in this order issued by the judge in
the name of the People of the Philippines?
a. Arrest warrant b. search warrant c. seizure warrant d. Jane Do warrant
3. What is the essential requisite for the warrant of arrest?
a. Prima facie evidence b. probable cause d. physical evidence d. material evidence
4. The newly issued warrant of arrest has the validity period of how many days?
 a. Ten days from receipt b. when the person arrested or when the warrant is lifted c. lifetime d. all of these
5. Which statement describes Alias Warrant?
a. It is a warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the lapsed of the
10 day validity period.
b. L a warrant issued by a judge to the peace officer after determining the existence of the probable cause requiring him to
apprehend the person described therein.
c. It is a warrant issued by a judge to the peace officer after determining the existence of the probable cause requiring him to
seized the property described therein and bring the same before the court
d. None of the above
6. What are the important considerations that must be stipulated or described in the search warrant before it is to be effected?
a. Places to be searched and things to seized c. fruit of the commission of the crime
b. target person of the search d. all of the above
7. After the seizure has been completed, to whom the seized property be delivered?
a. To the judge of any competent court c. to the prosecution office
b. To the police station the police is stationed d. to the judge who issued the warrant
8. In order for the raid to be effective, one of the considerations is the qualifications of the raiding team. Which among the following
is the qualification of the raiding team?
a. Leadership inability b. inexperience c. good judgment d. undisciplined
9. What is the essential element in the success of the raid?
a.Communication effort b. coordination effort c. evaluation effort d. planning effort

10. Police officers can seize articles or objects which inadvertently come to their view without exerting any effort and which object is
incriminatory to the accused. This principle is embodied in doctrine of search?
a. Doctrine of hot pursuit b. doctrine of plain view c. doctrine of fruit of poisonous tree d. none of these

Name: JOVEN REY ESLABON Date:___________________________________________

Subject:____________________________________________ Year & Sec.: BSCRIM 2-D

3.2. Identification. Identify the answer that corresponds to each question. Write your answer on the space provided before the
number.

RA NO. 7438 1. What law states the rights of a person arrested, detained or under custodial investigation?

Police Restraint 2. This is a method employed by the investigators to deprive the liberty of a person by taking him into custody,
otherwise known as apprehension. This is usually called as “detaining for questioning” protective custody and “holding a short
affidavit”.
Search of a Person 3. What kind of search is conducted to discover weapons, or evidence to determine identity?

Kneeling Search 4. A kind of search used where no wall of upright object is available for the wall search. The subject is required to kneel
with hands raised of secured behind him with handcuffs. The search technique is similar to that used in the wall method. The subject is
directed to remain motionless and face front. The officer should place one foot on the heel of the foot of the subject. Should the subject
attempt to resists, the investigator can pin the heel of the subject to the ground.

Raid 5. Is a surprise invasion of a building or area. It is an attack on small scale of a limited territory.

6. In raid, this group is responsible of calling for the surrender and effect the arrest, incapacitates and dislodge of criminals, and search for
pieces of evidence.

________________ 7. When the articles found in the possession of the person subject for a search have nothing to do with a crime imputed
against him, must be returned to him. Otherwise, the law enforcer responsible for this kind of crime.

The Post Operation Critics 8. Upon arrival at the office of the raiding party, the raid commander should immediately call for a meeting of all
the members of his raid party. The purpose is to assess the success and failure of the operation. Any criticism from the men should be
welcomed and studied and recorded for future reference and guide.

Assistant Raid Commander 9. Similar to the raid commander. He usually relays the instructions of the raid commander to the personnel.

Floor Search 10. A search where the subject is in prone position, face down touching the ground, with arms extended over the head. The
investigator crouches at the side of the subject at the region of the waist of subject.

Name:______________________________________________ Date:___________________________________________

Subject:____________________________________________ Year & Sec.:_______________________________________

3.3. Essay. Elaborate or explain the questions below. Write your answer on the space provided below the questions.

1. Discuss the steps on the issuance of search warrant, its requisites and forms. (10pts)
 2. Distinguish warrant of arrest from search warrant. (10pts)

3. Site examples or situations where arrest is valid without warrant, and example or situations where search is valid without search
warrant. (10pts)

4. What are the procedures under custodial investigation and state the legal significance of each procedure. (10pts)

5. Assuming that you are a law enforcement officer with an authority to make an arrest, discuss the chronological steps how to effect
arrest. (10pts)

Note: For questions 1 and 2 refer your answer to Rule 126 of the Revised Rules on Criminal Procedure. (Rules of Court)

MODULE 4: Arson Case Investigation

OBJECTIVES: 1. Discussed the elements of arson and its related laws

2. Discussed its classification and the different types of fire setters, basis of criminal liability including prima facie
evidence and motives of fire setters or arsonists
3. Distinguished various types of pyromania
4. Explained the appropriate investigation process to be employed during and after the occurrence of fire, the possible
physical evidence
5. Demonstrate how the fire scene should be photographed employing different angles, stages and the things need to be
photographed
6. Demonstrate how to sketch the fire scene and discussed its importance to investigator and court
TOPICS:

Arson - is defined as the malicious destruction of the property by fire.

Laws applicable to the crime of arson

Art. 320, RPC- Forms of destructive arson.

Art. 321, RPC - Other forms of arson
Art. 323, RPC - Arson of property of small value
Art. 324, RPC - Crimes involving destruction amounting to arson
Art. 325, RPC- Burning one’s own property as to means to commit arson
Art. 326, RPC - Setting fire to property exclusively owned by the offender.

Classification of arson: a. Attempted b. Frustrated c. Consummated

If a person intended to burn a wooden house, collected rags soaked in gasoline and placed it beside the wall, but when he was
about to light it, he was seen by another who ran after him, the crime is attempted arson. If the person was able to light the rags but the fire
was put out before any part of the building was burn, then it is frustrated arson but if before the fire was put out, part of the building was
burned, then it is consummated arson.. .
Note: Consummated Arson

a. The mere discoloration or scorching of a wooden wall by fire is consummated arson.

b. If the scorching is on the concrete wall where there is remote possibility of the fire to spread, it is attempted arson
c. The act to set fire with the preparation of inflammable material at the place to be burned is attempted arson.
d. There is no frustrated arson.

Elements of arson
a. Actual burning took place
b. Done with malicious intent
c. The burning is done by a person who is criminally and civilly liable

Types of fire setters

a. Arson for profit (insurance)
b. Solitary fire setters – they set fire for revenge or spite
c. Group fire setters- as a means of vandalism or by peer pressure. Riot fire is also done by groups as an outburst of violence,
tension, or social unrest as a result of mob rule. Political fires are included to dramatize an issue, embarrass authorities for political
reason.

Basis of criminal liability in arson

1. Kinds and character of the building burned

2. The location of the building
3. Extent or value of damage caused
4. Whether or not the offender knows that the building burned was occupied or not

Proof Necessary in Arson Investigation

The gathering of proof in the commission of arson is often very difficult in view of the fact that the physical evidence is
either destroyed or burned totally by the fire. It is however, necessary that the investigator must gather the physical evidence which will
establish the corpus delicti or body of the crime and the identity of the arsonists which will include locating and associating evidences.
Corpus delicti necessary to be established even if there is confession from the suspect otherwise, confession alone will not warrant the
conviction of the arsonists. The following proof will constitute the corpus delicti of arson:
1. The fact that there was burning- evidence gathered must show that there was fire. The burning of the property and its location
can be shown by photographs and established by the direct testimony of eye witnesses. Burned parts of the building maybe gathered as
physical evidence.

2. That burning was result of a criminal design- evidence must show that burning was done willfully by the suspected arsonists.
This fact can be established by the discovery of incendiary, presence of accelerants such as gasoline, kerosene and testimony of
witnesses.

Note: Prima Facie Evidence of Arson (PD. 1613 and Art 326 – b, RPC)

a. If the fire started simultaneously in more than one part of the building or establishments.
b. If substantial amounts of flammable substances or materials are stored within the building not necessary in the business of the
offender or for household use.
c. If after the fire, materials or substances soaked in inflammable or any mechanical, electrical, chemical or electronic contrivance
designed to start a fire or ashes or traces of any of the foregoing are found.
d. If the building or property is insured substantially more than its actual value at the time of the fire.
e. If during the lifetime of the corresponding fire insurance policy, more than two fires had occurred in the same or other premises
owned and under the control of the offender or insured.
f. If shortly before fire, a substantial portion of the stocks insured and store inside the building were withdrawn not connected with the
ordinary course of business.
g. If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or of
the safety of the person or property of the victim.

Special aggravating Circumstances in Arson (sec 4 PD 1613)

a. Committed with intent to gain
b. Committed for benefits of other
C. Offender is motivated by spite, revenge or hatred toward the owner and occupant of the house
d. Committed by syndicate. A syndicate consist of three or more persons who planned and carried out the crime.

Motives of the arsonists

Motive is only a part of the circumstantial evidence can eventually prove the intent of the criminal in committing arson. Once
motive is established, intent can be shown:

1. Motive and economic gain:

a. Insurance fraud with the assured directly benefitting.
1. Desire to move- the premises may no longer be desirable because of the condition of the building, the fact that the
quarters are out grown or because of the locality.
2. Disposing of merchandise- the stocks on hand may have lost value by reason of the seasonal nature of the business,
obsolescence, scarcity of materials necessary to complete contracts, overstock in the absence of expected orders, or a
changing market.
3. Property transaction- the business itself may no longer be desirable because of impending liquidation or settlement
of estate, the need for cash, prospective failure, the comparatively greater value of land or greater value of insurance
benefits.

b. Profit by the perpetrator other than the assured.

1. Insurance agents wishing business
 2. Insurance adjusters desiring to adjust a loss by securing a contract.
3. Business competitors.
4. Persons seeking jobs as protection personnel.
5. Salvagers.
6. Contractors wishing to rebuild or wreck.

2. Concealment of crimes
The arsonists may set fire to a building in order to conceal projected or past crimes. He may wish to direct attention in order to loot
burning premises or steal in other places. The burning maybe for the purpose of destroying evidences.
3. As a punitive measure
An arsonist may use fire as a means of punishing another person for reason of jealousy, hatred or revenge.
4. As a means of intimidation or economic disabling
The fire may be used a weapon of the saboteur the strikers or racketeer to intimidate or to disable economically as a step toward
forcing submission to certain demands.
5. Due to mental sickness such as pyromania
Pyromania is the uncontrollable impulse of a person to burn anything without any motivation. Pyromaniacs usually do not run
away from the scene of the crime, usually alone, and feel satisfied watching the flame.

Types of Pyromania
A. Abnormal youth- epileptics, imbeciles and morons may set fire without knowing the seriousness of the act.
B. The “hero” type- a person may set fire on a building subsequently pretends to discover it, and turn in the alarm so that he will
appear a “hero” to the public. A person may burn a building and endeavor to achieve spectacular rescues in order to attract the
attention of spectator.
C. Alcoholics and drug addicts- persons who subject themselves to intense artificial stimulants such as alcohol or narcotics
sometimes develop a strong urge toward incendiarism.
D. Sexual deviates- some sex perverts derives sexual stimulation from setting a fire and watching the flame. Frequently he is a
chronic masturbatos who stimulates and enhances his sexual gratification by means of arson.

Causes of Fires

1. Carelessly discarded cigarettes.

2. Careless disposition of readily combustible materials.
3. Poorly managed or defective heating facilities.
4. Spontaneous combustion arising from the storage of articles in poorly ventilated places.
5. Sun rays focused on glasses, which may serve as a convex lens.
6. Explosion from petroleum products, alcohol and other substances.
7. Lighting, spark, overheating, and electrical defects.

The rate and extent of the spread of fire depends on the following factors:

a. Wind velocity and its direction

b. Relative humidity, dryness of the materials and the absence of rain.
C. Air temperature conducive to supply oxygen.
d. Nature and condition of any vegetation surrounding the building premises.
e. Nature and condition of the building construction, such as the presence of wood and drafts.
f. The presence of combustible materials and fire accelerants in the area.

Methods Employed by the Arsonists

1. By the use of incendiary materials - incendiary materials are burning material or fuel, which are used by the arsonists to accelerate the
spread of fire. They may be present at the fire scene or later introduced before arson is committed. The following are classification of
incendiary materials.
a. Liquids- such as gasoline, alcohol, petroleum, kerosene, turpentine and diesel fuel.
b. Gases- such as acetylene, carbon monoxide, hydrogen natural gas, ethylene. Some gases when mixed with air posses excellent ignition
property and when present in an enclosed area can lead to explosion.
c. Solids- such as chlorates, chromates, nitrates permanganates. When solids exists in finely ground or powdered condition, they are
excellent combustible substances. Some substances generate intense heat on contact with water. Others give off oxygen on decomposition
thus aiding combustion.

2. By the use of “plants and other contrivances - “Plants” is defined as devices, which are designed to ignite combustible materials sometime
after the initiating action. The arsonist therefore, will have the opportunity to escape from the premises of the fire area. The following are
some of the “plants” employed by the arsonist:
a. Use of heating appliances, such as:
1. Heater- flat iron, testers, soldering iron, hot plates, lamp. The heater is placed in contact with a combustible material, turned on,
and abandoned.
2. Sparklers- electric switches, door bells short circuit, telephone box are used. The vapor of volatile fluid is present in high
concentration and the spark maybe sufficient to set off an explosive flash.

b. Use of mechanical devices, such as:

1. Clock mechanism - which can be arranged so that the alarm movements starts the action.
2. Altered equipment- such as broken pipes on oil burner or sprinkler systems in, which combustible fluid has been placed.
3. Magnifying glasses- focusing sunlight on combustible materials.
4. Animal tied with ignition device.

c. Use of trailers, such as:

1. Streamers- maybe made out of candle wick, rope or clothes saturated with inflammable liquid such as kerosene. They are strung
from room to room to provide a path for the fire. Burning is slow.
2. Cigarette gases- employed for this purpose by lighting and placing them on a book or box of matches.

d. Use of inflammable gases such as:

 1. Illuminating gas
2. Sewer gas

e. Use of chemical devices, such as:

1. Thermic bombs- found exceedingly difficult to control. The main body of the bomb consisted of powdered aluminum and titanium
oxide.
2. Phosphorus- used to impregnate cards, so that on drying, the card burst into flame.

f. Use of explosives- bombs are ordinarily used to cause physical damage to machinery or personnel. Nitroglycerin, TNT, gunpowder and
gun cotton are the common explosives employed for this purpose.

Investigation to be Conducted During the Fire

The investigator must be promptly notified about the occurrence of the fire. This could be maintained by proper liaison with the
local fire department. It is necessary since the investigator must conduct some observation and examination during the fire which includes
the following:

1. Observation of smoke and vapors- the characteristics and color of the smoke, steam or other vapors which emanates from the fire
may indicate the nature of burning substances, such as:

a. Steam and smoke- it indicates that humid substances come in contact with combustible substances. The water present in
humid substances evaporates before the substance begins to burn.
b. White smoke- it indicates the presence of phosphorous.
c. Grayish smoke- it maybe caused by flying ashes or soots of loosely packed substances such as straw or hay.
d. Black smoke- it maybe produced in the burning material of a product or the preponderance in the burning material of a
product with petroleum base such as rubber, tar, coal, turpentine, or petroleum.
e. Reddish-brown or yellow smoke- it may indicate the presence of nitrates or substances, which are compounded with
nitrates. It maybe observed in burning nitric acid, plastics, film, or smokeless gun powder.

2. Observation of the color of the flame- the color of flame may indicate the intensity of the fire and the nature of combustible
materials. The color of the flame ranges from red to yellow and finally a blinding white. Alcohol has blue flame while petroleum
products produce red flame. The temperature of the flame varies from 500 to 1,500c.
3. Observation of the size of the fire- the size of the fire can be appreciated at the time of arrival and subsequently thereafter. A
knowledge of the type of construction, the ventilation facilities and normal contents of the building will enable a professional
observer to form an opinion as to whether the fire has travelled abnormally fast.

4. Observation as the direction of travel of fire – the flame tends to rise until meeting an obstacle wherein it project horizontally to
seek other vertical outlet. The extent and rate of travel in the horizontal direction will depend primarily on the direction of the wind
and on ventilation, such as presence of doors and windows. The spread of the fire in an unusual condition indicate the presence of
accelerant.
5. Observation of the location of flame- the location and the number of points of origin of fire must be carefully noted. Unrelated fire
origin in different places are indicative of arson.
6. Examination of odors at fire area- many accelerants have characteristic smell. The smell of highly inflammable substances in an
area where it is not normally used should arouse suspicion. Turpentine, alcohol, kerosene and gasoline are among the accelerants
which emit characteristic odors.
7. Examination of exterior openings of burned building- the condition of the windows, doors, or other openings should be noted.
Locked outside doors and obstructed entrances may indicate an intent to impede the fireman in the efforts to extinguish the fire.
Open windows and interior passageway doors may suggest an arrangement for ventilating the fire and promoting its rapid progress.
Covered windows indicate an effort on the part of the arsonist to conceal his prreparation and work.
8. Observation of the spectators - pyromaniac arsonist usually remain at the scene to watch the fire. Exceptional satisfaction or
excitement may indicate a pyromaniac in the crown. If the fire takes place during normal sleeping hours, the arsonists may be
sometime distinguishable by being one of the few clothed persons among the spectators during the fire, photographs from all
angles of the fire including the spectators must be taken.
Investigation to be Conducted after the Fire
The quantity of evidence that may be recovered from the fire scene depends on the extent of the burning. If the fire has been
promptly reported and extinguished the discovery of incriminating evidence may be simple but if the area has been reduced to ashes,
recovery of traces of evidence will be a dificult matter. Whatever be the condition of the scene, a patient, methodical study of the area may
reveal the criminal design and the method of operation of the arsonist. It is therefore suggested that the following guidelines be adopted by
the investigator in the conduct of investigation:
1. Safeguard the scene of the fire immediately upon arrival- The investigator must prevent unnecessary disturbance of the debris and
the intrusions of unauthorized persons. This can be done with close cooperation of the fire department.
2. The method and order of search must be well-planned- The area surrounding the burned property would be thoroughly examined
for traces and clues. Doors and windows should be examined for the presence of breakage, tool impressions, broken window panes,
fire.
3. Locate the point of origin of the fire - The region in which the fire originated may be determined by information obtained from
witnesses and by an examination of the debris. In searching the origin, it is necessary to follow the path of the burning to its source
by observing the intensity of the destruction and the charring of the uprights. Fire that envelops a wooden beam tends to round the
edges of the side away from the source of the flame.
4. Examine the point of origin of the after locating - the remains at the point of origin should be studied carefully for the purpose of
determining the cause of fire. A search should be made for traces of combustible materials. Substances such as peculiary colored
materials should be collected for laboratory examination. Peculiar odor should be noted.
 5. Locate traces of accelerants- attention should be focused for the presence of traces of the accelerants like kerosene, gasoline or
turpentine. A study of the manner in which wood are charred sometimes reveals indication as to an accelerants used. If a wood is
soaked with petroleum products, such as gasoline or kerosene prior to burning it, then it will acquire a distinctive appearance in
charring.
6. Determined the presence of altered protective devices- to insure destruction, the arsonists sometimes tampers the alarm device, the
water flow may be examined for signs of tempering. Abnormal conditions of the fire doors, fire alarms, fire extinguishers, and
windows should be observed.
7. Observe the interior arrangements of the building- the condition and contents of various areas in the building should be noted. An
occupant planning a fire will be tempted to remove certain items such as articles of value or sentimental significance. Jewelry,
insurance policy, titles over the land, documents, or cash amounts may be removed. Book of accounts may be tented on the table of
facilitate combustion.
Physical Evidence to be Gathered and How Collected
Any piece of evidence that appear to have unusual significance should be photographed and located on a sketch before it is
moved. The following may be some of the evidences that may be collected in the fire scene:
1. Containers- bottles, cans, barrels, pails or boxes to hold the combustible liquid may be recovered from the fire scene. The
original container should be collected and preserved.
2. Ashes and debris- the ashes and debris which may possibly contain the accelerant or some significant clues may be the
remains of clothing which normally not completely burned unless soak with accelerant may be significant in the examination.
3. Fingerprints and impressions- a search for fingerprints should be given special attention especially on suspicious
container of accelerant. The object containing the print shall be preserved, packed and transported to the laboratory. Tool
marks, shoe or tire impressions should be photographed, processed by recommended methods and sent to the laboratories for
further study.
4. Incendiary devices- suspicious articles like wires, fuses straw or candles, which may form part of the incendiary device,
should be collected.
5. Stoves and fireplaces- the ashes in the stove and fireplaces should be subjected to examination.
6. Tools- tools might have been brought there and abandoned by the arsonist in his preparation. If tool marks are present on
door jambs windows sill as a result of forcible entry, the blades of the screw drivers and crowbars should be examined for a
comparison of size and for paint particles.
7. Documents- arsonists may expose the incriminating documents to flame. In the examination of such documents, the
absence of certain papers, such as insurance policy, which are normally kept in the area, should be investigated.

Persons and Witnesses to be Interviewed

A considerable amount of information can be obtained by a careful questioning of the various persons associated with the
discovery and control of the fire the protection and occupants of the building. Evidences tending to establish tends and motives as well as
the identification of the perpetrator should be developed by interviewing the following witnesses:
1. Persons first arriving at the fire scene- every effort should be made to locate and question the person who first saw the fire.
Identity of the person who turned in the alarm should be made since he can determine the exact point where the fire began and
the number of places the fire has started. The opinion as regards the probable origin of the fire color of the smoke, the general
appearance of conflagration may be determined by the persons who first arrived at the fire scene.
2. The firemen- the firemen should be asked questions concerning the nature of the fire, color of the flames and smoke, and the
perceptible odor. He can also give the investigator information as condition of the doors and the windows.
3. The watchman or security guards- the watchman of the building can give detailed information concerning the condition of the
building before the fire. Inquiries from the watchmen must be made regarding the recent behavior of the occupants and the
movements of the stocks and furniture. Information regarding the last person to leave the building, his suspicion and theory
concerning the origin of the fire may be asked from him.
4. The occupants and employees- these persons staying the building must be interviewed separately. They should be encouraged to
state their theories and suspicion of the fire.
5. Owner of the house or building- the owner must be questioned as regards prior arrest, apprehensions, convictions, previous fires,
financial standing, businesses, domestic conditions, hobbies or amusements.

Other Sources of Information

The identification files should be searched for the names of any persons associated with the building or with the fire. The
local fire department should be consulted for records or previous fires. The local police must also be consulted as regards the persons
associated with fire. The insurance companies, which will suffer tremendous losses, are willing to offer active cooperation to law
enforcement agencies in fire investigation.
Photography and sketching of fire scene
More than any other crime, the fire scene must necessarily be photograph and properly sketched to aid the investigator
considering the area and magnitude of the burned property. Photographs must be taken for each and every important piece of
evidence from its original position and when it was removed from the fire scene. Distances must be reflected exactly in the sketch to
be prepared by the investigator.

MODULE 4: PROGRESS CHECK

This progress check is comprised of three (3) questioning type namely; multiple choices, identification and essay type questioning.
All items of questions were derived from your previous discussions.
Answer the following questions based on the instructions attached. Good luck!!!
Name: JOVEN REY G. ESLABON Date:___________________________________________

Subject:____________________________________________ Year & Sec.: BSCRIM 2-D

4.1. Multiple Choices. Select the best and or correct answer. Encircle the letter of your answer that corresponds to the given
question.

1. What is the best method of preserving the corpus delicti of fire scene and to tell other authorities how fire occurred?
a. Sketching the scene b. photographing the scene
c. cordoning the scene d. protecting the scene
2. What would be used in order to reflect the distances of every piece of evidence appertaining to arson or fire scene investigation?
a. cordon b. sketch c. photograph d. videograph
3. The act to set fire with the preparation of inflammable material at the place to be burned is under what classification of arson?
a. destructive arson b. simple arson c. attempted arson d. consummated arson
4. The following are the significant elements of arson, which is not?
a. Actual burning took place
b. Done for profit
c. Done by a person who is criminally and civilly liable
d. Done with malicious intent
5. The following are not the basis for liability for arson, EXCEPT?
a. Kinds of person who owned the building
b. value of the damage
c. free will of the offender
d. classification of crime
6. Motive is only a part of the circumstantial evidence can eventually prove the intent of the criminal in committing arson. Once motive is
established, intent can be shown. What classification of motive is referred to when an arsonist may use fire as a means of punishing another
person for reason of jealousy, hatred or revenge?
a. Means of intimidation or economic disabling c. Punitive measure
b. Due to mental sickness such as pyromania d. Concealment of crimes
7. It refers to irresistible impulse of burning things or setting fire to any object.
a. kleptomania b. pyromania c. dipsomania d. nymphomania
8. A pyromaniacs who are suffering from mental deficiency and or regarded as epileptic who may set fire without knowing the seriousness of
the act.
a. a hero type b. sexual deviates c. lust arsonist d. abnormal youth
9. Type of fire setters where setting of fire is for revenge or spite.
a. sexual deviates b. arson for profit c. solitary fire setters d. group fire setters
10. If when before the fire was put out, the part of the building burned, then it is classified as?
a. frustrated b. consummated c. attempted d. simple arson

Name: JOVEN REY G. ESLABON Date:___________________________________________

Subject:____________________________________________ Year & Sec.: BSCRIM 2-D

4.2. Identification. Identify the answer that corresponds to each question. Write your answer on the space provided before the
number.

Plants 1. Defined as devices, which are designed to ignite combustible materials sometime after the initiating action?

Clock mechanism 2. A mechanical device which can be arranged so that the alarm movements starts the action?

By the use of incendiary material 3. Are burning materials or fuel,which are used by the arsonists to accelerate the spread of fire?

Gases 4. An incendiary material such as acetylene, carbon monoxide, hydrogen natural gas, ethylene. Some gases when mixed
with air posses excellent ignition property and when present in an enclosed area can lead to explosion.

Sparklers 5. A plants made of electric switches, door bells short circuit, telephone box are used. The vapor of volatile fluid is present
in high concentration and the spark maybe sufficient to set off an explosive flash.

Use of explosives 6. Plant where bombs are ordinarily used to cause physical damage to machinery or personnel. Nitroglycerin TNT,
gunpowder and gun cotton are the common employed for this purpose

White smoke 7. A smoke indicating the presence of phosphorous?

Reddish brown or yellow smoke 8. It may indicate the presence of nitrates or substances, which are compounded with nitrates. It maybe
observed in burning nitric acid, plastics, film, or smokeless gun powder.
Steam and smoke 9. This may indicate the intensity of the fire and the nature of combustible materials which ranges from red to yellow and
finally a blinding white.
Black smoke 10. Alcohol has blue flame while petroleum product produces what color of flame?
Name:______________________________________________ Date:___________________________________________

Subject:____________________________________________ Year & Sec.:_______________________________________

4.3. Essay. Elaborate or explain the questions below. Write your answer on the space provided below the questions.

1. Name the following persons or authority significantly to be interviewed in case of fire incidents and how significance the statement
of this individual in the progress of the case? (10pts)

2. Distinguish incendiary materials from plants. (10pts)

3. Distinguish simple arson from destructive arson. (10pts)

4. Discuss the various forms of arson. (10pts)

5. Discuss the significant proof necessary for arson investigation. (10pts)

MODULE 5: Theft and Robbery Cases

OBJECTIVES: 1. Discussed the definition and the elements of theft as per provided by the RPC.
2. Discussed various forms and its investigative procedures.
3. Defined Robbery
4. Discussed the different important terms stipulated on the elements and its classification and forms
5. Discussed police procedures for pursuing and arresting robbers, likewise its investigative procedures and problems possibly
encountered by the police in conducting the same and other forms of robbery

TOPICS:

DEFINITION OF THEFT

Theft- is the taking of the personal property belonging to another, without the consent of the owner, with intent to gain but
without the consent of the owner, with intent to gain but without violence against or intimidation of person nor force upon thing.
Theft – personal properties are taken without the consent or knowledge of the owner.

a. Pickpockets, simple snatching and other forms are included in this classification.
b. Theft inside a house or a building where entry is thru an open or closed door but unlocked, this is theft,
c. Breaking the glass panes of a show window and extending an arm to get the valuables inside is theft. As the force upon things is
not used as means of entry. If the one who breaks the glass pane bodily entered the show window, it would be robbery with force
upon things.
d. Ordering someone to deposit or withdraw money from the bank by giving the bank book and signed deposit or withdrawal slips
and that someone abscond the money, it is theft.
e. Entrusting a piece of jewelry to be sold on commission basis and the agent failed to remit the price or return the property
unsold, the case is not theft but estafa.
f. In theft, there is only material transfer to the property but in estafa, there is juridical transfer of the property .

Note: Juridical transfer implies that the receiver of the property has authority to dispose the same. In theft, there is no such
authority.
g. In the investigation of theft and robbery cases, there is the importance of the value of the property subject of the offense,
because the impossible penalty is based on the value.

Forms of Theft Cases-

1. Pickpockets - are species of criminals who operates in large cities or in places of many congregation and crowded transportation
system. In this trade, skill is required for their successful operation. Most of them are known to the police and has devoted many
years of apprenticeship in the art. They operate with bare hands alone or with a companion. The purpose of the companion is to
distract the attention of the victim. This method is their technique throughout their criminal career since it is very important
method. They are known by their style of operation and classified accordingly, such as:

a. Fob worker- a method of extracting money or valuables from the most accessible place, usually the fob pocket. Fob
pocket is a small pocket especially for the watch, which maybe located at the breast portion of a coat on the left side.
A fob worker may also be a tail pit worker who steals on the side pocket of a man or woman’s jacket. Usually a fob
worker employs handkerchief or “wipe” to cover the operation. The “wipe” serves also to hide the thing stolen.
b. Inside worker- this is the removing a wallet from the inside pocket of a man’s coat. To cover his operation, and
inside worker usually employees a “stiff” like newspaper, which is placed against the victim.
c. Pants pocket worker- thieves who extract wallet from a man’s pocket without the knowledge of the victim. They are
the cleverest of all thieves and they utilize skill in their modus operandi. Sometimes this type of worker employs as
many as two assistants. One to distract the attention of the victim by jostling him and excusing him self and the
other receives the wallet in a quick pass from the operator. The person receiving the wallet remains in the same
position to avoid any suspicion. The operation is accomplished with dispatched and precision.
d. Lush worker- these are the thieves who steal from a drunk or sleeping passenger in a train or bus. They also operate
in waiting rooms, parks, and theater. They observe the prospective victim who is apparently sleeping or
unconscious. Sometime, they test their victim by gently kicking his foot as they pass by. If the victim does not react,
the lush worker proceeds to take his money and other valuables.
e. Bag stealers- a woman’s bag suspended from her arms may be taken by the stealer or its contents removed without
attracting attention. This could be done by the following method:

1. Bag opener- those who surreptitiously open the bag suspended from a woman’s arm and they got the money.
2. Bag clipper- those who cut the strap by which the bag is suspended, removes its contents and throw away the
bag.

2. The automobile or car thieves - these thieves normally belong to the well-organized syndicate of ear thief. The purpose of stealing is
to sell the jeep or car for profit. Once a car or jeep is stolen, they obtain fraudulent registration by stamping new serial numbers on
the engine and chassis with the connivance of crooked employees of the registration office. The registration is done at a far
registration office in the provinces where the registration is not rigid. Then the car or jeep is ready for sale at low price. Sometimes
it is sold in spare parts with the engine going to be converted into a motor of fisherman boat.
The stealing is very simple. Parked cars are open or unlocked with screw drivers. Then they jump the ignition key and start the
stolen car or jeep.

The following, however, may still be classified as another forms of automobile thief.

a. Joy riders- these are teen-agers or older youth who for fun or when under the influence of alcohol steal a car for the purpose of
joy riding. Once the entertainment is over, they abandoned the car later.
 b. Professional criminals- these criminals maybe faced with the problems of lack of transportation during their Escape or would
like to avoid identification. The solution is to steal a car and use it in the commission of the crime. They abandon the car later.
c. Owner making false report- occasionally the owner will falsely report the theft of his vehicle in order to cover up a serious
accident. He may damage the car door or outside window in order to give the appearance of forcible entry.
3. Miscellaneous Thieves-
a. Automobile baggage thieves- they usually work in pair and at the hotel section of cities. One of the pair acts as a lookout and
also serves as a shield. The other opens the car and get things of value inside. The apprehension of this type of thief is best
accomplished by means of plain clothes man. Casual patrol may reveal the suspicious activities of these two persons.
Surveillance from a distance by the plain clothesman is necessary to observe the actual thief.
b. Shoplifters- they are usually women and the technique employed varies. Some are kleptomaniac or person suffering from
compelling urge to steal. Large department store employs detectives to minimized pilferage.
c. Hotel thieves- these are thieves who steal jewelry furs or money from hotel room. Usually there is collusion between the
bell boy and the thieves entry to the room can be affected by stealing the key from the desk, skeleton key or rack.
d. Waterfront pilferage- this type of thievery involves enormous value committed by the deck workers, fishermen or by other in
collusion with them. It is of great magnitude and so intricate that it becomes a great problem in the custom zone. Waterfront
pilferage is a racket centrally managed by criminals who also have direct control in the hiring of waterfront personnel. To
investigate this type of thievery, large number of plain clothesmen are necessary.
e. Baggage thieves – travelers in railroad and buses frequently have occasion to place their baggages down while they attend to
some business such as purchasing ticket. The baggage thief takes advantage of the unguarded moment swiftly picks up the
bags and walk calmly away. The detection of this type of thief is the responsibility of the station police on terminals.
f. Dishonest employees- the systematic loss of merchandize by collusion of dishonest employees can result serious loss. The
prevention of this type of theft is accomplished by careful background investigation of applicants prior to employment.
Surveillance and good undercover work by an investigator posing, as an employee will ordinarily yield results in the spare of
few weeks or month.

Suggested Investigative Procedures

The procedure of investigating theft cases depends on the type of theft and modus operandi. Normally, thieves are professional
criminals like pickpockets and undoubtedly, they have records on file with the police department. The story of the victim will show
the technique of the thief. This will lead to preliminary identification of the suspect and to completely establish the identity of the
suspect the following investigative guidelines are suggested.
1. Establish the date and hour when theft was committed. If unknown, the hour when the object was last seen or the hour of the
discovery of theft.
2. Get complete list and full description of properties lost from the testimony of witnesses as well as its location before it was lost,
places where the property has been previously located and the reason for placing the property in a certain place.
3. Identify the person who discovered the loss and the witnesses to the discovery. Determine f he is the person who is logical to
discover the loss, how did he discover the loss and ordinarily, who should have made the discovery.
4. Make a list of persons who knew the location of property lost, who knew the existence of the same, who has access to the
property and the persons safeguarding the same such as security guards and responsible employees.
5. Establish the movements of this person listed the absentee in a commercial establishment during the loss.

6. Determine the true owner of the property, person having possession at the time of their proof of ownership, custody or
responsibility or possession.
7. Estimate the value of the lost properties thru bills of sale of similar items, approximate data or purchase and identity of the
vendor.
8. Get a number of suspects named by the owner or other person and include suspects who maybe in financial straits, faced with
future money problems or maintaining a standard of living in consisted with their income or persons exhibiting unusual
behavior during the past days of the months. Whoever is the suspect, the reason for their suspicion must be indicated.
9. Reconstruct the crime mentally or physically as to the method of operation, means of access to the building, the selection of
time of theft, method of counseling the crime, and conversations and transactions, which took place between the perpetrator
and the victim or other parties.
10. Determine the character of the lost properties in relation to their salability to buyer of stolen goods, other uses, and
convertibility to another good.
11. Interrogate the suspect on the following points:
a. Detailed activities prior and subsequent to the commission of theft.
b. The time at which he last saw the properties lost.
c. The time at that he last near the location of the property lost.
d. The name of persons who can verify his ability.
e. His past and present financial circumstances such as means of income indebtedness, investments or purchases or other
income.
f. His relationship with the owner of the property.
12. Records the following information:
a. Previous theft complains made by the victims.
b. History of periodic or systematic thefts.
c. Name of employees with police records.
d. Personal background of the suspects.
13. Interview the building employees and others who may observe persons approaching the area containing the property lost at
unusual times or in a peculiar manner. The complete description of any suspect must be asked.
14. Finally, gather physical evidence such as latent fingerprints, shoe prints, articles of clothings or similar traces at the crime
scene. Apply the proper method of crime scene search.

Robbery

Who are guilty of robbery?

Any person, with intent to gain shall take any personal property belonging to another, by means of violence against, or
intimidation of any person, or by using force upon anything shall be guilty of robbery, Art. 293, RPC
Elements of the Crime Robbery
 1. Unlawful taking of personal property
2. The taking is done with violence against or intimidation of person or force upon things.
3. The property must belong to another
4. The taking is with intent to gain.

Intent to gain - means intent to obtain from the appropriation of the things some utility, advantage, or benefit.
1. It is not necessary that the gain be realized as mere intent is enough.
2. The taking of a thing under claim of ownership in good faith negative intent to gain even though the claim of ownership is
unattainable.
Unlawful taking - it means appropriating a thing belonging to another and placing it under ones control or possession.

Personal property belonging to another - the personal property must belong to another.
a. Illicit articles may be the object of robbery
b. The offended party need not be the owner of personal property taken. There mere possession is enough as long as the offender is
not the owner thereof.

Classification of robbery
1. Articles 294, 297, and 298, RPC - robbery with violence against or intimidation of person.
2. Articles 299 and 302 RPC –robbery with force upon things.
a. Robbery in an inhabited house or public building r edifice devoted to religious worship.
b. Robbery in an uninhabited place in a private building.

Force upon things

a. As means of entry, a locked door is broken or forced open. A close but unlocked door is not a locked door.
b. Thru an opening which might be locked but which is not intended or designed for entry. If a robber enters a building thru the
open or locked window where he takes personal properties inside, it is robbery.
c. If the door is open or closed but not locked, and once inside breaks open locked drawers, aparadors, wardrobes, safes where
personal properties are taken, it is robbery.
d. If the door is open and used as entry and while inside, the robber brings out receptables such as aparadors, drawers, wardrobes,
safes and other forms of receptables and while outside breaks open these receptables where personal properties are taken, it is
robbery.
e. The use of picklocks to open locked doors or locked receptables inside and personal properties are taken, it is robbery. Genuine
keys stolen from the owner are considered picklocks.
f. The mere possession of picklocks is punishable under the Revised Penal Code violence or intimidation upon a person.

Violence or Intimidation Upon Person

a. Hold ups are included in this category
b. Snatching of handbags or jewelries are considered under this category. If the victim puts resistance and violence is applied by the
robber on his person
c. The violence or intimidation is directed against the person who is the owner of the personal property taken or his caretakers.
d. The poking a gun or other deadly weapon on the victim to divest his personal property are some forms of intimidation.
e. If injuries of the victim are of slight in character , it is absorbed as a form of violence. But if the injuries are of less serious or
serious in character, it is a complex of crime of robbery with physical injuries.
f. If death results due to robbery with violence or intimidation of persons, a complex crime of robbery with homicide is committed,
irrespective whether the death occurs among the robbers. Heart attack or stroke as a consequence of robbery is still robbery with
homicide.
g. If, on the occasion of the robbery, rape is committed the crime is robbery with rape.
h. If on the occasion of the robbery, homicide and rape were committed, the proper complex crime is robbery with homicide. The
rape is considered as an aggravating circumstances.

Forms of Robbery for Purpose of Investigation

1. Apartment House Robbery- apartment dwellings and residential houses offer many advantages to the robber who operates in
cities. Majority of the tenants are unknown to each other and even the owners themselves. Consequently, the appearance of
new faces in the premises will not arouse suspicion. The robber can gain entrance, do something inside the building without
attracting the attention of the neighbors. The robbers in gaining entrance to the apartment or dwelling house usually do it at
night time. It may be affected by forcibly opening the door through the use of false key or master key. Window grills may
open with the use or iron bar cutter. In some instances, the robbery gains entrance by false pretense such as being a
government agent, bill collector or promotion agents. Once inside the house, they coerce or intimidate the occupants into the
opening containers of their valuables. The robbers search the closets and dresser for valuable articles such as money and
jewelry. Sometimes, he empties the drawers on the bed or floor to facilitate the search. To avoid identity, the occupants are
asked to lie prone on the floor or the robbers themselves are asked. To leaving the apartment after robbery, they may just open
any available door and leave the place to other with be loot.

2. The safe-breaking method of robbery- the following are some forms of safe-breaking methods:

a. Rip-job- the greatest number of safe breaker employ the rip technique. The required tools include an electric drill
and a crowbar. A hole is made in the upper or lower left hand corner of the door. The crowbar is placed into the hold
and the door is pried up until exposed to a point just beyond the dial. The dial is turned around to be opened.
b. Punch job- the dial is first knocked off the safe with the hammer. The punch is then held against the spindle of the
safe and hit sharply with a mallet or hammer. If the safe is one which the tumblers are on the end of the spindle is
forced back and the lock will be released. Some safes are “punch proof” because the tumblers are set off the
spindles. The typical burglar is successful in only small percentage of punch jobs and usually must resort to
additional technique. This method requires (1) moderate degree of skill and experience; (2) reasonable portion of
luck; (3) the correct selection of safe; and (4) simple tools. This method is the second most common and when
performed by expert, the operation is clean, rapid and not unduly noisy.
 c. Chopping method- the chop job is cruel but effective. The operator simply turns the safe upside down so that the
bottom is exposed. The bottom of the safe is the weakest portion so that a hole can be made in it with the reasonable
force. After a hole has been made, the robber can have access to its contents.
d. Burning the safe- burning is made on the central area of the safe with the use of accetylene torch usually at a circle
near the dial. This requires knowledge of the proportion of oxygen and acetylene in order to obtain the proper
temperature.
e. Carryout of the safe- the safe is simply physically remove from the house and carried to other place where it is
forced open.
f. Touch or combination- some cashier may keep the combination number at the inside cover of a ledger or paste it on
the side of a drawer. The robber may discover the combination and open the safe in the absence of the cashier. The
employee may leave the combination half turn and what the robber will do is to reverse the turn to open it.
3. The system of bank robbery- the most highly skilled professional criminals concentrate on banks robbery. However, the
method of operation varries widely with the individual criminals. Their targets are usually small bank (branches) because
larger banks involve greater hazard. The time of the commission is during opening, lunch hour, closing hour, or any time
wherein the least number of people are present.
The robbers are in disguise by wearing sun glasses, by hood or make-ups. Most of them carry guns. The weapon may be
disposed off during the escape by burying, throwing out of the window of the getaway car, or by hurling into a body of water.
Usually, a typical bank robber uses a borrowed car or stolen one as a method of escape. The popular car like Toyota or
volkswagen is chosen to avoid attracting attention because they are ordinary looking. The robber may use their own car but
with stolen plate number.
The preparation given to the robbery may be a matter of months or even years, or the perpetrator may have conceived of
the plan on the spur of the moment. When long planning is undertaken, the modus operandi of the robbers passes the
following important steps:

a. Fingerfrinting on the job- at this stage, the robbers are tip off to a target by “small time” criminals. Pickpocket,
gamblers, and ordinary “gifter” will tip off the robber with agreement with a share in the proceeds or loot. Likewise,
the bank manager will tip off a criminal, supplying all the necessary information for the safe and profitable
accomplishment of the robbery in order to cover up embezzlement of the bank’s money which he has done.
Sometimes an unscrupulous jeweler will encourage a robbery on his own shop in order to put it an excessive claim
with the insurance company.
b. Casing the job- at this next stage, the robbers do not just execute the robbery of the bank without first conducting a
reconnaisance or “casing”. The purpose is to find out and study the layout of the bank in order to improvise tactics
in robbing the bank. They will get full information regarding the surrounding of the bank, its environment, avenues
of approach, location and movements of bank personnel, location of security guards, alarm boxes, police out post
and others. In so doing, to get these information, they employ ruses just to enter the bank premises which method is
described below:
1. By loitering- a member of the group may simply loiter about a bank in order to obtain information. He
may appear to be waiting for someone inside the bank or may stand outside and observe at a distance.

2. By feigning business- the caser may enter the bank on the pretext of cashing a check, changing large
bills, opening an account, or making a small deposit.
3. By pretending to be salesman- a bank robber may approach the bank manager as a salesman of certain
company products. The manager may even escort him to other employees and the robber will make his
fast observation of the place.

c. “Execution of the job” - during the execution stage of the robbery, each member of the robbery group may act in
accordance with his own acquired experience through previous activities. They may have no leader as everyone is co-
equal to another but each one has a definite assignment or duty during the robbery.
1. The wheelman- undertakes the problems regarding transportation to and from the scene of the bank. He
usually steals a car and provide another license plate on it. The car is just ordinary and capable of rapid
acceleration.
2. The rodman- the person responsible for the gathering and transporting of the guns which are to be used. He
is usually a good marksman and is expected to specialize in gun play if the situation demands.
3. Insideman- these are the persons who perform the actual act of robbery.
4. Planning- the details of the robbery are planned with scrupulous attention. The wheelman studies geography
of the area, together with its streets and traffic conditions. The getaway route is carefully laid out.

Police Procedure in Pursuit of Robbers

To be effective in the pursuit of the robbers, the police must act with dispatch. The necessary speed can only be realized by
previous planning. Mobile units should be dispatched by radio to the crime scene. While the radio dispatcher and teletype operator
should transmit an alarm to neighboring police agencies. All possible route of escape must be well guarded by the checkpoints.

Procedure of Apprehension at the Robbery Scene

If it is possible for the police to be at the scene of the crime before the robber could have left the premises, then the following
procedure should be employed:
1. 1. The getaway car should be immobilized as soon as possible.
2. 2. Additional police officers should be assigned to cover any additional exit shielding themselves as much as possible.
3. Occupied vehicles and by standers in the area should be allowed to leave immediately.
4. Police officers should now have stationed themselves under cover at key points approximately 25 yards from the bank.
5. Occupant of the getaway car should be ordered to throw away their guns and alight from vehicle with his over his head. If he
refuses, the police should open fire.
6. The robber inside the bank should be ordered to come out without their weapon and with their hands held aloft. If they refuse, no
immediate action should be taken. No attempt should be made to enter the bank.
7. No action should be taken which will endanger the lives of innocent persons. If the criminals threaten to use the customers or
employees as hostages, the police should permit them to escape.
8. If there is no likelihood of injuring the innocent the police should proceed to apprehend the criminals employing the tactics
ordinarily used in police raids.

Investigative Procedures after the Robbers Fled

 Conduct interview of witnesses:
Upon receipt of information of a robbery, the police officer should inform the proprietor of the establishment to detain all
witnesses. On arrival at the scene, the police officer should not allow the witnesses to talk with one another. Then, individual
interview must be made. The witnesses should subsequently be taken to te office to look at the photographs of known robbers. If
possible, they should also be known of other album of other law-enforcement units or agencies.

Conduct interrogation of possible suspects:

In questioning the suspect, the police must not make the suspect believe he is interested in the robbery. He must be interrogated
on a different crime, like theft or homicide (real or fictitious), which occurred on a distant place. The suspect will then establish his
theory of alibi and may even risk his alibi that he was at that time near the place of the commission of robbery. The investigator
should not reveal his true intent until he has exhausted the possibilities of this line of inquiries and until he has disclosed his
associates. Ultimately, a confession maybe given by the suspect later.

Gather the following clues and physical evidence:

a. The description of the getaway vehicle should be obtained in detail from possible witnesses. Immediately an alarm should
be sent to nearby cities and towns for check-up of vehicles passing their area giving the description of the vehicle. Checking at
the local registration office of the vehicle should be made.
b. Latent fingerfrints should be searched and processed for the possible identity of the robbers.
c. The use of the robbers of restraining devices may reveal their identity. In order to restrain the victim, may tie the victim
with rope, towels, sheets or adhesive tapes. The robbers may bring with them the material in anticipation of their need. The
person finding the victim tied up should endeavor to release him without disturbing the knots. The characteristic type of knot
may offer a clue to the identity of one of the criminals.
d. Stolen properties should be clearly described. Cash amounts and checks may identify the robbery when he is cashing the
checks or while in possession of the same.
e. Footprints, discarded garments like gloves, hats jackets may bear the identification or laundry marks.

Determine the enunciation of the robber’s voice:

The manner of speech of the criminal maybe used to identify them. The robber usually gives order to the victim during the
commission and his peculiar voice, language and exact statement may be useful in the identification.

Major Obstacles in the Solution of Robbery Cases

1. There are usually very few traces left behind by the criminals. The actual physical work of robbers is so little that the
criminal scarely leaves any impressions on his surroundings.
2. The time allotted to the work is of such short duration that victim is not sufficiently composed to note the exact
appearance of the robbers.
3. The probability of interruption becomes quite small in an operation that occupies the space of only a few minutes.

4. The violent manner of the robbers dismay the victims and prevents civilian cooperation.

Other Forms of Robbery

1. Payroll messenger robbery- factories and big establishments with large number of employees may pay in cash, hence, there is
much difficulty of transporting the amount from the bank to the place where the employees are to be paid. By obtaining
information from dishonest employees, the robber can know the exact time and path of the messenger and also the amount he had
on hand. Casing over a period of several weeks often reveal the messenger’s routine. Robbers of messengers are usually
dangerous criminals who show no hesitation in killing to obtain their objectives.

The following are some preventive measures against payroll robbers.

1. The person who is assigned to carry the money should change frequently.
2. The time of transferring the money should be changed every day depending on the frequency of transfer of money.
3. Multiple exits should be available.
4. The same route to or from the bank should not be used every day.
5. By arrangement with the police armed guards can be obtained for each trip.
2. Jewelry stores robbery – these robbers operates their job by assuming the appearance of a “gentlemen robbery” or “bandit style”.
The gentlemen robbery has the appearance of a wealthy customer with fastidious taste and requests the jeweler to show him the
best stock in a certain line. The displays his gun and takes the jewels. While the “bandit style” use a more direct approach after
gaining the initial confidence of the salesman. He conducts the operation similar to the bank robbery.
3. The closing-time shop robberies- just before the closing hour robber will get inside the shop, herd the employees in the back
room, and take all the money in the cash register and disappear. Since the employees have an excellent opportunity to observe the
robbers closely and listen to their voices, effective clues can be derived from physical description and the modus operandi.
4. Robbery of taxi drivers- robbery of cab drivers is of increasing popularity. Two robbers enter a cab as passenger, direct the driver
to a lonely place and proceed to rob him of his day earnings, personal belongings and even the taxi meters.
5. Robbery of individuals- this form of robbery is a small time operation practiced by criminals who lack daring and experience to
carry on robbery of establishments. Most of them are armed and dangerous. The following are some forms of this robbery:

a. “Mugging” – the victim is seized from behind with one arm and frisking him for his valuables with the other
arm. The victim may be intoxicated, returning home at night, or in secluded place.
b. Lover’s lane victims – couples sitting in the parked car in a secluded spots may be forced to give money. The
woman companion may be rape. These robberies are difficult to solve because of the victims desire to withhold
information and avoid publicity.
c. Residence robbery – isolated houses of rich men are frequent target of robbery. Rape may be involved in the
commission of the crime.

Module 5: progress check

 This progress check is comprised of three (3) questioning type namely; multiple choices, identification and essay type
questioning. All items of questions were derived from your previous discussions.
Answer the following questions based on the instructions attached. Good luck!!!

Name: JOVEN REY G. ESLABON Date:___________________________________

Subject:____________________________________________ Year & Sec.: BSCRIM 2-D

5.1. Multiple Choices. Select the best and or correct answer. Encircle the letter of your answer that corresponds to the given
question.

1. A, enters the house of B by means of false key with an intent to get cash from within. A is liable for?
a. Estafa b. burglary c. fencing d. robbery
2. C, broke the windshield of service car of D and from there took laptop and valuable items of D. What crime was committed by
C?
a. Robbery b. theft c. thief d. any of these
3. Dianne was a victim of pick pocketing and lost her wallet. As a result, she maliciously, willfully and feloniously did the same
thing to other person as a form of vengeance. However, she found out that when she did it, the thing (wallet) she took from
another person (victim) was her own wallet. What crime was committed by Dianne?
a. Theft b. threat c. robbery d. no crime committed
4. The victim is seized from behind with one arm and frisking him for his valuables with the other arm. The victim may be
intoxicated, returning home at night, or in secluded place. What form of robbery has been employed by the offender?
a. Residence robbery b. mugging c. payroll messenger robbery d. none of these
5. In what element or category of robbery hold ups are included?
a. Force upon things c. with intent to gain
b. intimidation or force upon a person d. unlawful taking
6. It means appropriating a thing belonging to another and placing it under ones control or possession. What does the statement
refers to?
a. Force upon things c. with intent to gain
b. intimidation or force upon a person d. unlawful taking
7. All but one is not an element of the crime of robbery?
a. The taking is with intent to gain c. unlawful taking of personal property
b. The property must belong to the offender d. none of these
8. The taking of the personal property belonging to another, without the consent of the owner, with intent to gain but without the
consent of the owner, with intent to gain but without violence against or intimidation of persons nor force upon thing.
a. burglary b. thief c. robbery d. theft

9. Taking something inside a house or a building where entry is thru closed door but unlocked?
a. burglary b. thief c. robbery d. theft
10. How do you considered the breaking of glass panes of a show window and extending an arm to get the valuables inside?
a. burglary b. thief c. robbery d. theft

Name: JOVEN REY G. ESLABON Date:___________________________________________

Subject:____________________________________________ Year & Sec.: BSCRIM 2-D

5.2. Identification. Identify the answer that corresponds to each question. Write your answer on the space provided before the
number.

Theft 1. Personal properties are taken without the consent or knowledge of the owner.

Robbery 2. The one who breaks the glass pane or vehicle’s windshield and bodily entered the show window.

___________3. It implies that the receiver of the property has authority to dispose the same.

________________4. What is the significant thing to be determined in case of robbery and theft cases on the properties subject of the offense
hence, the impossible penalty is based on this?

Pick pockets 5. Are species of criminals who operates in large cities or in places of many congregation and crowded transportation
system. In this trade, skill is required for their successful operation. Most of them are known to the police and has
devoted many years of apprenticeship in the art. They operate with bare hands alone or with a companion. The purpose of
the companion is to distract the attention of the victim. This method is their technique throughout their criminal career
since it is very important method.

Joy riders 6. These are teen-agers or older youth who for fun or when under the influence of alcohol steal a car for the purpose of
joy riding. Once the entertainment is over, they abandoned the car later.

Professional criminals 7. Undertakes the problems regarding transportation to and from the scene of the bank. He usually steals a car and
provide another license plate on it. The car is just ordinary and capable of rapid acceleration.

Inside man 8. These are the persons who perform the actual act of robbery.

Robbery of individuals 9. This form of robbery is a small time operation practiced by criminals who lack daring and experience to carry on
 robbery of establishments. Most of them are armed and dangerous.

Theft 10. The taking of personal property is done without violence against or intimidation of person or force upon things.

Name: JOVEN REY G. ESLABON Date:___________________________________________

Subject:____________________________________________ Year & Sec.:

5.3. Essay. Elaborate or explain the questions below. Write your answer on the space provided below the questions.

1. State the similarities and differences of the crime of theft and robbery as to the commission of the offenses. (10pts)

2. Distinguish bandit style form of robbery from gentleman form. (10pts)

3. Distinguish simple theft from qualified theft. (10pts), (source RPC)

4. Enumerate and discuss the four (4) elements of robbery. (10pts)

5. Distinction between estafa and theft. (10pts)