CDI 2 Module Final

A Learning Manual Exclusive to the Criminology Students of SDSSU | Specialized Crime Investigation 1
with Legal Medicine
A Module in
CDI – 2 Specialized Crime Investigation 1 with Legal Medicine
Compiled by:
REJIE R. ABONITO, RCrim.
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CHAPTER 1
INTRODUCTION
The purpose of crime scene investigation is to help established what happened at the
crime and to identify the responsible person or people. Carefully documenting the
situation at a crime scene and recognizing all- important physical evidence do this.
The ability to recognize and properly collect physical evidence is often times vital to
both solving and prosecuting violent crimes.
Criminal Investigator- Refers to a person who is charged with the duty of carrying on
the objectives of criminal investigation, example is to identify and locate the suspect
and provide evidence of his guilt. It is also responsible for investigating crimes such as
, Murder, Homicides, Assaults, and other incidents to implicate perpetrators. Collects
evidence , interviews witnesses, and testifies in court.
Investigator – Refer to any law enforcement personnel belonging to the duly
mandated law enforcement agencies tasked to enforce Republic Act 9208 such as
officers , investigators and agents of the Philippine National Police , National Bureau of
Investigation , and Bureau of Immigration.
Primary Responsibilities- Crime scene investigator is a complex and multifaceted
one ,as a number of subspecialties exist within this profession. However, in general , a
crime scene investigator is a professional who is trained to collect, preserve and
process evidence at the scene of a crime. Crime scene investigator, unlike forensic
scientists who conduct tests on physical evidence within a forensic laboratory, are the
on – the – scene professionals who are called to the scene of a crime to ensure that
all physical evidence is properly collected , preserved and documented according to a
strict code of standards. These investigative professionals also ensure that all physical
evidence is packaged and transported to a forensic laboratory.
The ff. are the primary responsibilities of a criminal investigator as such but nit limited
to;
1. Process crime scenes by performing scene recognition, scene documentation and
evidence collection
2. Operate within the applicable laws governing the investigations
3. Initiate preliminary survey, generate initial theories and keep the ones that are not
eliminated by incoming information
4. Thoroughly document scenes and gather potential evidences ( Physical, specimens,
documents , photographs, statements etc ) to send to crime lab
5. Draft detailed investigative reports and be prepared to present evidence to the
prosecutor
6. Preserve , collect and record impressions, including tool marks footprints, tire marks
, bite marks , and fingerprints
7. Collect DNA evidence , including blood semen , hair , skin , blood stain patterns ,
bodily fluids and nails
8. Collect trace evidence , including gunshot residue, fibbers, accelerant, paint , glass,
etc.
9. Collect firearms evidence, including weapons, spent, casings , bullet fragments ,
cartridges , and gun powder patterns.
10.Investigate criminal acts such as murder, homicides, sexual assaults, armed
robberies, home invasions, and property crimes such as robbery and theft etc.
11.Interview informants suspects and witnesses to ascertain alibis, clues, time frames
, and possible suspects.
12.Collects enough evidence to support a court case against a criminal.
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13. Prepare sketches and diagrams

14. Obtain search warrants .
15. Perform surveillance and monitor suspects.
16. Exchange information and coordinate activities with other departments.
17. Record Physical information about suspects.
Qualities of an investigator
a. Proven working experience as criminal investigator
b. Hands – on experience with crime scenes analysis and forensic science
c. Proficient in interpreting evidence and reconstructing events
d. Ability to observe minute details and to produce detailed reports
e. In depth knowledge of criminal law , rules and legislation
f. Familiarity with all evidence types ( example: circumstantial , direct, trace, hearsay
etc) and the rules governing their admissibility
g. Through understanding of the investigation process and the unique circumstances
of each case
h. Strong analytical skills along with good interviewing and interrogation skills
i. Honest and ethical with high levels of integrity and confidentiality
SPECIAL CRIME INVESTIGATION- Is a process of applying special equipment and

special expertise; it needs once expertise and a particular special instrument. It is also
deals with the study of major crimes based on the application of special investigative
technique
.
Crime Scene – A venue or place where the alleged crime incident event has been
committed.
Investigation- Is the collection of facts to accomplish a three- fold aim: a. To identify
the suspect; b. To locate the suspect ; and c. to provide evidence of his guilt . In the
performance of his duties, the investigator must seek to established the six cardinal
points of investigation, namely :1 . What specific offense has been committed; 2. How
the offense was committed ; 3. Who committed it; 4. Where the offense was committed
; 5. When it was committed ; and 6 . Why it was committed.
CUSTODIAL INVESTIGATION-Investigation conducted by law enforcement officers
after a person has been arrested or deprived of his freedom of action. It includes
connection with a offense.
MIRANDA DOCTRINE – A principle on the rights of a suspect from forced self-
incrimination during police interrogation as enshrined in the 1987 Philippine
Constitution Bill of Rights (Article 3 , Sec.12).
COMBINED TASK FORCES – It is necessary for many crimes involving drugs ,
gangs and terrorism and multi disciplinary approach , multi jurisdictional investigation,
metro crime teams and special investigation units.
CASE OFFICER – The person responsible for and in charge of the investigation of a
case.
CASE OPERATIONAL PLAN-A definite target-specific activity conducted in relation to
an intelligence project under which it is affected. Several case operations may fall
under one intelligence project. Refers to a preparatory plan on how to carry out a case
operation which is the last resort to pursue intelligence objectives when normal police
operations fail.
PROBABLE CAUSE – Is a factor or circumstances sufficient to convince a person of
normal intelligence that a suspect was probably involved in a specific crime.
Special Crime Investigation means a process of applying special equipment and

special expertise and a particular special instrument. It is also deals with the study of
major crimes based on the application of special investigative technique . The
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functions for crime scene investigators may vary according to the geographic location ,
the size of the law enforcement agency, or simply the size and scope of the crime
scene. Within larger cities , for example , crime scene duties, such as DNA or
fingerprint collection, while smaller locations may require crime scene investigators to
tackle any number of tasks at a crime scene. Determine whether or not a crime has
been committed. This may mean identifying the number of crime scene investigator
professionals on the scene, the size of the area , and the extent of the crime scene.
Recognizing the scene and the physical evidence at the scene is crucial as to ensure
that the evidence is not compromised in any way and that it can be identified,
processed, and package in an organized fashion. This phase of the investigation also
involves identifying the resources and equipment that may be needed and identifying
and addressing any safety concerns or hazards. The next phase involves documenting
and processing the physical evidence. This is done through written notes, Diagrams,
reports, photographs , and sketches. This information must be comprehensive,
accurate , and factual , as it may be used by forensic scientists in the laboratory , by
law enforcement officials ,and in a court of law.
SPECIALIZED CRIMES RELATED TO PERSONS
MURDER- Any person who , not falling within the provisions of Art.246 , shall kill
another, shall be guilty of murder and shall be punished by reclusion temporal in it’s
maximum period to death, if committed with any of the following attendant
circumstances ;Art 248 RPC. Murder is the unlawful killing of any person which is not
parricide or infanticide provided that any of the following circumstances is present.
1.With Treachery, taking advantage of superior strength ,with the aid of armed men ,
or employing means to weaken the defense , or of means or persons to insure or
afford impunity.
2. In consideration of price, reward , or promise;
3. By means of inundation , fire , poison , explosion, shipwreck , standing of a vessel ,
derailment of or assault upon a street car or locomotive , fall of an airship, by means
of motor vehicles, or with the use of any other means involving great waste and ruin;
4. On occasion of any calamities enumerated in the preceding paragraph , or of an
earthquake , eruption of a 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,
outraging or scoffing at his person or corpse.
ELEMENTS OF MURDER
1. That a person killed.

2. That the accused killed
3. That the killing was attended by any of the qualifying circumstances mentioned in
ART 248 RPC .
4. That the killing is not parricide or infanticide.
RULES FOR THE APPLICATION OF THE CIRCUMSTANCES WHICH QUALITY

THE CRIME OF MURDER
1. The murder will exist with only one of the circumstances described in Art. 248 when
more than one of the said circumstances are present , the others must be considered
as generic aggravating circumstances, thus, when the killing the victim the
commission of the crime is attended by: (1) Evident Premeditation (2) treachery , and
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(3)price, reward or promise , only one of them shall qualify the killing to murder and the
other shall considered as generic aggravating circumstances
2. That when the other circumstances are absorbed, or included in one qualifying
circumstances, they cannot be considered generic aggravating, thus, when there ten
or ,more armed captors of the female victim, and one or some of them shot her at the
back, the qualifying of murder is either treachery, abuse of superior strength , or with
the aid of armed men but if treachery is chosen to qualify the crime , the others are not
generic aggravating circumstances ,because they are included in qualifying of
treachery .
3. That any of the qualifying circumstances enumerated in Art 248 must be alleged in
the information. Thus, even if during the trial the prosecution proves that the accused
killed the deceased with treachery, but treachery is not alleged in the information,
treachery cannot qualify the killing to murder, the crime charged being only homicide ,
it is only generic aggravating circumstances.
HOMICIDE – Any person who not falling within the provisions of Art. 246 of RPC shall
kill another without the attendance of any circumstances enumerated shall be deemed
guilty of homicide and punished by reclusion temporal Art 249 RPC. Is the unlawful
killing of any person , which is neither parricide ,murder nor infanticide. Intent to kill is
conclusively presumed when death resulted; evidence of intent to kill is important only
in the attempted or frustrated homicide.
ELEMENTS OF HOMICIDE:
1. That the person was killed
2. That the accused killed him without any justifying circumstance;
3. That the accused had the intention to kill , which is presumed
4. That the killing was not attended by any of the qualifying circumstances of murder ,
or by that parricide of infanticide.
Accidental homicide- Is the death of a person brought about by a lawful act

performed with proper care and skill and without homicidal intent.
Parricide – Any person who shall kill his father , mother, or child, whether legitimate ,
or illegitimate , or any of his ascendants or descendants , or his spouse shall be
guilty or parricide and shall be punished by the penalty ranging from reclusion
perpetua to death Art 246 RPC
ELEMENTS OF PARRICIDE
1. That a person is killed.
2. That the deceased is killed by the accused
3. That the deceased is the father , mother , or child
ESSENTIAL ELEMENTS OF PARRICIDE
Relationship of the offender with victim is the essential element of this crime.
Cases of parricide when the penalty shall not be reclusion perpetua to death:
1. Parricide through negligence (ART 365)
2. Parricide by mistake ( ART 249 )
3. Parricide under exceptional circumstances ( Art 247)
Death or Physical Injuries Inflicted under Exceptional Circumstances – Any

legally married person who having surprised his spouse in the act of committing
sexual intercourse with another person shall kill any of them or both of them in the act
or immediately thereafter , or shall inflict any of them or both of them in the act or
immediately thereafter or shall suffer the penalty of destierro.
If shall inflict upon them physical injuries of any other kind , he shall be exempt from
punishment.
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These rules shall be applicable, under the same circumstances, to parents with
respect to their daughters under eighteen years of age , and their seducers, while the
daughters are living with their parents. Any person who shall promote or facilitate the
prostitution of his wife or daughters, or shall otherwise have consented to the infidelity
of the other spouse , shall not be entitled to the benefits of this article
Requisites for the Application of Art 247 RPC
1. That the legally married person or a parent surprises his spouses or his daughter ,
the later under 18 years of age and living with him , in the act of committing sexual
intercourse with another person.
2. That he or she kills any or both ,of them or inflict upon any or both of them any
serious physical injury in the act or immediately thereafter.
3. That he has not promoted or facilitated the prostitution of his wife or daughter , or
that he or she has not consented to the infidelity of the spouse.
PENALTY FOR FRUSTRATED PARRICIDE , MURDER , OR HOMICIDE- The

courts , in view of the facts of the case, may impose upon the person guilty of the
frustrated crime of parricide, murder , or homicide, defined and penalized in the
proceeding articles , penalty lower by one degree than that which should be imposed
under the provisions of Art. 50 RPC. The courts, considering the facts of the case, may
likewise reduce by one degree the penalty which under Art 51 RPC should be
imposed for an attempt to commit any of such crimes.
DEATH CAUSED IN A TUMULTOUS AFFRAY- When while several persons, not

composing groups organized for the common purpose of assaulting and attacking
each other reciprocal, quarrel and assault each other in a confused and tumultuous
manner ,and in the course of the affray someone is killed , and it cannot be
ascertained who actually killed and deceased , but the person or persons who
inflicted , such person or persons shall be punished by prison mayor. If a person
cannot be determined who inflicted the serious physical injuries on the deceased , the
penalty of prison correctional it’s medium and maximum periods. Shall be imposed
upon all those who shall have used violence upon the person of the victim .
ELEMENTS
1. That there be several persons.

2. That they did not compose groups organized for common purpose of assaulting and
attacking each other reciprocally.
3. That these several persons quarreled and assaulted one another in a confused and
tumultuous manner.
4. That someone was killed in the course of affray
5 .That it cannot be ascertained who actually killed deceased.
6. That the person or persons who inflicted serious physical injuries or who use
violence can be identified.
PERSONS LIABLE IF DEATH RESULTS
1. The person or persons who inflicted serious physical injuries are liable (Art.251 Par
.1)
2. If it is not known who inflicted the serious physical injuries on the deceased ,all
persons who used violence upon the person victim are liable but with lesser liability,
( Art 251, Par.2s)
Assistance to suicide is different from mercy- killing

Euthanasia- Commonly known as mercy -killing – is the practice of painlessly putting
to death a person suffering from one incurable decease. Euthanasia is not lending
assistance to suicide. In Euthanasia , is not lending assistance to suicide. In
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euthanasia, the person killed does not want to die. A doctor who resorts to mercy –
killing of his patient may be liable for murder. ( Art 248 RPC) .
Infanticide- The penalty providing for parricide I art 248 shall be imposed upon any
person who shall kill any child less than 3 days of age .( Art 255 RPC.) If the crime
penalized in this article be committed by the mother of the child for the purposed of
concealing her dishonor, shall suffer the penalty of prison mayor in it’s maximum
periods , and if said crime be committed for the same purposed by the maternal grand
parents either of them , the penalty shall be reclusion temporal. (As Amended RA No.
7659 )
INFANTICIDE – As the killing of any child less than three days old of age , whether the
killer is the parent or grandparent, any other relative of the child, or stranger.
Elements of Infanticide
1. That the child was killed
2. This is the killing of any child less than 3 days ( 72 hours) of age , whether the killer
is the parent or grandparent , or any other relative of the child, or a stranger.
3. That the accused killed the said child
Abortion – Willful killing of a fetus in the uterus or violent expulsion of the fetus from
the maternal womb which results to the death of the fetus. It is also the termination of
pregnancy by the removal or expulsion from the uterus of a fetus or embryo before
viability.
Intentional Abortion – Any person who shall intentionally cause an abortion shall
suffer : Art 256 RPC
1. The penalty of reclusion temporal, if he shall use any violence upon the person of
the pregnancy woman.
2. The penalty of prison mayor , if without using violence , he shall act without the
consent of the woman.
3. The Penalty of prison correctional in it’s medium periods , if the woman shall have
consented.
Intentional Abortion – This is the willful killing of the fetus in the uterus , or the
violent expulsion of the fetus from the maternal womb, which results in the death of
the fetus.
WAYS OF COMMITTING INTENTIONAL ABORTION

1. By using violence upon the person of the pregnant woman
2. By acting , but without using violence , without the consent of the woman ( by
administering drugs/ beverages upon a pregnant without her consent )
3. By acting ,with the consent of the pregnant woman (by administering drugs
/beverages) with consent of the pregnant woman.
ELEMENTS OF INTENTIONAL ABORTION

1 .That there is a pregnant woman
2. That violence is exerted , or drugs or beverages administered , or that the accused
otherwise acts upon such pregnant woman;
3 . That as a result of the use of violence or drugs or beverages upon her , or any
other act the accused , fetus dies , either in the womb or after having been expelled
therefrom.
4. That the abortion is intended.
EXAMPLE OF ABORTION BY ADMINISTERING ABORTIVE
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A believing that the child in the womb of a woman was a sort of fish- demon, gave her
a “ pocion” made of herbs. Two hours after, she gave birth to a child three months in
advance of the full period of gestation.
PERSON LIBALE FOR INTENTIONAL ABORTION

The person who intentionally caused the abortion is liable under Art. 256 .The woman
is liable under Art.258, if she consented to the abortion caused on her. If she did not
consent to the abortion caused her , she is not liable.
Unintentional Abortion- The penalty shall be prison correctional in it’s minimum and
medium periods shall be imposed upon any person who shall cause an abortion by
violence , but unintentionally .
ELEMENTS UNINTENTIONAL ABORTION
1. That there is a pregnant woman;
2. That the violence is used upon such pregnant woman without intending an
abortion.
3. That the violence is intentionally exerted;
4. That as a result of the violence the fetus dies, either in the womb after having been
expelled therefrom.
PHYSICAL INJURY-Harm done to a child’s psychological or intellectual functioning

which may be exhibited by severe anxiety , depression , withdrawal or outward
aggressive behavior , or a combination of said behaviors which may be demonstrated
by a change in behavior, emotional response or cognition;
What are the crime of Physical Injuries
1. Mutilation (Art 262)
2. Serious Physical Injuries ( Art 263)
3. Administering Injurious substance or beverages ( Art 264)
4. Less serious physical injuries ( Art 265)
5. Slight physical injuries and maltreatment ( Art 266)
MUTILATION the penalty of reclusion temporal or reclusion perpetua, shall be

imposed upon any person who shall intentionally mutilate another by depriving him ,
either totally or partially , of some essential organ for reproduction. The term “
mutilation “ means the lopping or the clipping off of some part of the body. The putting
out of an eye does not fall under this definition . Thus, when robber stabbed a woman
in one eye, and as a result of the wound thus inflicted she lost the use of the eye ,
there is no mutilation.
TWO KINDS OF MUTILATION

1. By intentionally mutilating another by depriving him , totally or partially , of some
essential organ for reproduction.
2. By intentionally making other mutilation, that is by lopping or clipping off any part of
the body of the offended party , other than the essential organ for reproduction, to
deprive him of that part of his body.
Elements of Mutilation of first kind
1. That there be a castration , that is , mutilation of organs necessary for the
generation , such as the penis or ovarium.
2. That the mutilation is caused purposely and deliberately ,that is, to deprive the
offended party of some essential organ for reproduction
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Rape- When and how committed; Rape is committed

1. By a man who shall have carnal knowledge of a woman under any of the ff.
circumstances.
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or is otherwise unconscious;
c. By means of fraudulent machination or grave abuse or authority
d. When the offended party is under (12) years of age or is demented, even
through none of the circumstances mentioned above be present.
2. By any person who , under any of the circumstances mentioned in the paragraph 1
hereof ,shall commit an act of sexual assault by inserting penis into another person’s
mouth or anal orifice , or any instrument or object , into the genital organ or anal orifice
of another person.
ELEMENTS OF RAPE UNDER PARAGRAPH 1

1. That the offender is a man;
2. That the offender had carnal knowledge of a woman
3. That such act is accomplished under any of the following circumstances
a. Through force , threat or intimidation ;or
b. When the woman is deprived of reason or is otherwise unconscious ;or
c. By means of fraudulent machination or grave abuse of authority ; or
d. When the offended party is under (12) years of age or is demented, even
though none of the circumstances mentioned above be present
ELEMENTS OF RAPE UNDER PARAGRAPH 2
1. That the offender commits an act of sexual assault;
2. That the act of sexual is committed by any of the following means:
a. By inserting his penis into another person’s mouth or anal orifice; or
b. By inserting any instrument or object into the genital or anal orifice of another
person;
3. That the act of sexual assault is accomplished under any of the following
circumstances:
a. By using for or intimidation ;o
b. When the offended party is deprived of reason or is otherwise unconscious; or
c. By means of fraudulent machination or grave abuse or authority; or
d. When the offended party is under (12) years of age or is demented , even
though none f the circumstances mentioned above be present.
WHO CAN COMMIT RAPE?

Under Republic Act No. 8353, the crime of rape can now be committed by a male or a
female . Before it’s amendment, rape could be only be committed by a male person.
PENALTIES (Art. 266-B ) Rape under paragraph 1 of the Art 266-A shall be punished
by reclusion perpetua
a. Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death.
b. When by reason or on the occasion of the rape the victim has become insane , the
penalty shall be reclusion perpetua to death
c. When rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion perpetua to death.
d. When by reason or on the occasion of the rape, homicide is committed the penalty
shall be death.
The death penalty shall be imposed if the crime of rape is committed with any of the
following
1. When the victim is under eighteen (18) years of age and the offender is parent,
ascendant, step – parent , guardian , relative by consanguinity or affinity within the
third civil degree , or the common law spouse of the parent of the victim.
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2. When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution.
3. When the rape is committed in the full view of the spouse ,parents, any of the
children or other relatives within the third civil degree of consanguinity.
4. When a victim is religious engaged legitimate religious vacation or calling and is
personally known to be such by the offender before or at the time of the commission of
the crime.
5. When the victim is a child below seven (7) old .
6.When the offender knows below that he is afflicted with human Immuno -Deficiency
Virus
( HIV)/ Acquired Immune Deficiency Syndrome ( AIDS) or any other sexually
transmissible decease and the virus decease is transmissible to the victim.
7. When committed by any member of the Armed Forces of the Philippines or Para-
Military Units thereof or the Philippine National Police or Any Law Enforcement Agency
of penal institution , when the offender took advantage of his position to facilitate the
commission of crime.
8. When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability.
9. When the offender knew of the mental dis ability, emotional disorder and /or
physical handicap of the offended party at the time of the commission of the crime.
10.When the offender knew of the mental disability, emotional disorder and / or
physical handicap of the offended party at the time of the commission of the crime
Rape under paragraph 2 of Art 266-A shall be punished by prison mayor.
a. Whenever rape is committed with the use of deadly weapon or by two or more
persons, the penalty shall be prison mayor to reclusion temporal.
b. When rape is attempted and a homicide is committed by reason or on the
occasion thereof , the penalty shall be reclusion temporal to reclusion
perpetua.
c. When by reason or on occasion of the rape, homicide is committed , the penalty
shall reclusion perpetua.
d. Reclusion Temporal shall also be imposed if the rape is committed by any of
the ten aggravating circumstances mentioned in this article (RA NO. 8353)
EFFECT OF PARDON (Art. 266-C ) the subsequent valid marriage between the
offender and the offended party shall extinguish criminal action or the penalty
imposed. In case the legal husband who is the offender, the subsequent forgiveness
by the wife as the penalty provide , that crime shall not be extinguished or the penalty
shall not be abated if the marriage be void abinitio
PRESUMPTION ( Art 266-D ) any physical overt act manifesting resistance against
the act of rape in any degree from the offended party , or where the offended party is
so situated as to render her / him incapable of giving valid consent, may be accepted
as evidence in the prosecution of the acts punished as evidence in the prosecution of
the acts punished under article Art 266-A ( RA No.8353)
SPECIALIZED CRIMES RELATED TO PROPERTY

Introduction
Crimes against property is any criminal act that destroys another's property, or
that deprives an owner of property against the owner's will. The criminal law generally
considers these crimes less serious than violent crimes, or crimes against persons, but
they can still constitute very serious felony charges.
Arson and vandalism are examples of crimes that destroy another's property.
Examples of crimes that unwilling deprive an owner of property are far more abundant,
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including larceny, embezzlement, receiving stolen goods, extortion (blackmail),

robbery (a combination of violent crime and crime against property),burglary and
industrial espionage, to name just a few. There are also a wide range of crimes that
full under the domain of intellectual property law, and the occurrence of these is rising
sharply as information becomes a stronger and stronger motive force in the economies
of the developed and developing world.
At early British common law, there was only one kind of crime against property,
larceny. There was also only punishment for larceny in those times: death. As time
went on and judges became more and more reluctant to execute people for pick-
pocketing and pettv theft, many crimes that bore striking resemblance to larceny were
classified as something else so that the death penalty could be avoided. In the United
States today, where life and liberty are categorically valued above property, no crime
against property is considered serious enough to warrant the death penalty.
In the Philippine context special crime investigation the study concentrates
more on physical evidence, its collection, handling identification and preservation, in
coordination with the crime laboratory. Special crime investigation involves a close
relationship between the prober in the field and the crime laboratory technician. They
work together as a team reacting to and extending one another's theories and findings
both working patiently and thoroughly to solve a crime from their investigative
discoveries. The present criminal justice system in our country, the court relies more
on physical evidence rather than extrajudicial a confession.
Crimes against property are crimes of theft, where no force or threat of force is
directed against an individual. It includes:
Robbery is the taking of personal property belonging to another, with intent gain, by
means of violence against or intimidation of any person, or use of force upon things.
Who no guilty of robbery? Any person who, with intent to gain, shall take any
personal properly belonging to another, by means of violence against or intimidation of
any person, or using force upon anything shall be guilty robbery. (Art. 293 RPC)
Classification of Robbery
1. Robbery with violence against, or intimidation of persons (294,297,298)
2. Robbery by use of force upon things (299& 302)
Elements of Robbery in General
1. That there be personal property belonging to another;
2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation of any person/ or force used upon
things
- Violence or intimidation must be present before the taking of personal property
is complete
- Republic Act 6539 is the law applicable when the property taken in robbery is
a motor vehicle
Personal Property
The property taken must be personal property, for it real property is occupied or
real right is usurped by means of violence against or intimidation of person, the crime
is usurpation (art.3 12)
Belonging to another
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The phrase "belonging to another" which means that the property taken does
not belong to the offender. The person from whom the personal property is taken need
not be the owner. Possession of the is sufficient.
Thus, one who, by means of violence or intimidation, took his own property from
the depositary is not guilty of robbery. Since personal property must belong to another,
a co-owner or a partner cannot commit robbery or theft with regard to the co-
ownership or partnership property.
In the commission of the crime of robbery, it is not necessary that the person
from whom the property is taken by means of threats and violence. Shall be the owner
thereof. It is sufficient if the property is taken from him by means of threats and
violence for the purpose of gain, on the part of the person appropriating it. (US vs.
Albano, 29 Phil. 86)
Taking of personal property must be unlawful
The “unlawful taking" of personal property is an essential part of the crime of
robbery, and where the taking was lawful and the unlawful misappropriation was
subsequent to such taking, the crime is estafa or malversation (US vs. Atienza, 2 Phil.
242)
Hence, if the agents of the authorities, in the beginning, lawfully seized the
forbidden article and conceived the idea of misappropriating it only after it come into
their possession, then the crime would be estafa. (US vs. Lim. 28 Phil. 404)
Unlawful taking, when complete
1. As to robbery with violence against intimidation of persons.
- From the moment the offender gains possession of the thing, even if the
culprit has had no opportunity to dispose the same, the unlawful taking is
complete. The fact that the defendant in his flight threw away the property
stolen or that it fell without his knowledge, does not affect the nature of the
crime.
- Defendant saw his victim put money into his coat jacket. The next day
defendant held up and deprived him of the coat. but finding the money was
not there. Defendant threw away the coat. Held; guilty of robbery of the coat,
the offense having-been complete when the defendant forcibly deprived him
thereof. (Brown vs. State, 61 Tex, Cr 334.136 SW 265)
2. Robbery with force upon things.
- When the culprit had already broken the floor of the bodega, had entered it.
and had removed one sack of sugar from the pile. but was caught in the act
of taking out the sack of sugar through the opening on the floor, it was
frustrated robbery only. (People vs. De Rosario. C.A.46 O.G. 4332)
- Note: It would seem that in this kind of robbery, the thing must be taken out
of the building to commensurate the crime.
Taking as an element of robbery, means depriving the offended party of ownership of
the thing taken with the character of permanency.
Intent to gain
Intent to gain is presumed from the unlawful taking of personal property. The
intent to gain, being an internal act, cannot be established by direct evidence, except
in case of confession by the accused. It must, therefore, be deduced from the
circumstances surrounding the commission of the offense. As a general rule, however,
the unlawful taking of personal property belonging to another involves intent to gain on
the part of the offender. (People vs. Ski Teb Ban, 5.4 Phi. 52)
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The taking of personal property belonging to another should not be under claim
of ownership. One who takes personal property openly and avowedly under claim of
title proffered in good faith is not guilty of robbery even though the claim of ownership
is untenable. (U.S. vs. Manluco,et.al, 28 Phil. 360)
Absence of intent to gain will make the taking of personal property grave
coercion if there is violence used (Ar. 286 RPC)
Violence or intimidation as an element of robbery

The violence must he against the person of the offended party, not upon the
thing taken. Theft, not robbery, was committed in a case where the accused cut with
the bolo the string trying to open of a sack containing palay and then took the palay.
(People vs. Adame C.A 40 O.G., Supp.12,41)
The reason for this ruling is that Art. 293 states that the taking of any personal
property belonging to another must be among other means, by means of violence
against person XXX any person.
Highway Robbery -The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against
or intimidation of person or force upon thing or other unlawful means, committed by
any person on any Philippine Highway.
Who are liable for theft? Theft is committed by any person who, with intent to gain
but without violence, against, or intimidation of neither persons nor force upon thing,
shall take personal property of another without the latter's consent. Art 308 RPC
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to the
local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall
remove or make use of the fruits or objects of the damage caused by him;
3. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner, shall
hunt or fish upon the same or shall gather fruits, cereals, or other forest of farm
products.
Elements
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the owner;
5. That the taking be accomplished without the use of violence against or intimidation
of persons or force upon things.
What distinguishes Theft from Robbery is that in theft the offender does not
use violence or intimidation or does not enter a house or building through any of the
means specified in An. 299 or Art. 302 in taking personal property of another with
intent to gain.
• Asportation is complete from the moment the offender had full
possession of the thing.
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• Actual or real gain not necessary, as long as taking was with intent to
gain.
Presidential Decree 581 - punishes "High grading" or Theft of Gold.
Presidential Decree 401 - punishes the use of tampered water or electrical. meters to
steal water or electricity.
Meaning of "taking " in theft
In theft taking, taking away or carrying away personal property of another is not
required as in larceny in common law. (People vs. Mercado, 65 Phil. 665). The theft
was consummated when the culprits were able to take possession of the thing taken
by them. It is not an indispensable element of the thief carry, more or less far away,
the thing take by him from its owner. (People vs. Jaranella, 55 SCRA. 563
Robbery and theft compared.
For robbery to exist, it necessary that there should be a takin against the will of
the owner, and for theft, it is suffices that the consent on the part of the owner is
lacking. (People vs. Chan Wat, 49 Phil 116)
Qualified Theft - The crime of theft shall be punished penalties next higher by two
degrees than those respectively specified in the next proceeding articles, if committed
by domestic servants or with grave abuse of confidence, or it the property stolen is
motor vehicle mail matter or large cattle or consist of coconut taken from the premises
of the plantation or fish taken from a fishpond or fishery, or if the property is taken on
the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance. Art 310 RPC ( As Amended by R.A. No. 120
and B.P. Blg.71, May 1,1980)
Person liable for the crime of theft
1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is a motor vehicle, mail matter, or large cattle
4. If the property. stolen consists of coconuts taken from the premises of plantation
5. If the property stolen is fish taken from a fishpond or fishery
6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption,
or any other calamity, vehicular accident or civil / disturbance.
Republic Act No. 6539 an Act Preventing and Penalizing Carnapping, Act of
1972, is the law applicable when the property taken in robbery is a motor
vehicle.
Carnapping - The taking, with Intent to gain, of a motor vehicle belonging to another
without the latter’s consent, or by means of violence against or intimidation of person,
or by using force upon things. (Sec 2.Republic Act No. 6539)
Penalty for Carnapping- Any person who is found guilty of carnaping, as this term is
defined in Section two of this is Act, shall, irrespective of the value for of motor vehicle
taken, be punished by imprisonment for not less than fourteen years and eight months
and not more than seventeen years and four months, when the carnapping is
committed without violence or intimidation of persons, or force upon things; and by
imprisonment for not less than seventeen years and four months and not more than
thirty years, when the carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty of life imprisonment to
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death shall be imposed when the owner, driver or occupant of the carnapped motor
vehicle is killed in the commission of the carnapping. (Sec 14.Republic Act No. 6539)
Republic Act No. 6235 An Act Prohibiting Certain Acts Inimical to Civil Aviation,
and for Other Purposes.
Hijacking - A term which immediately conjures the images of a group of heavily armed
and determined men and women holding up an airplane, ship, , van, or other vehicle in
order to achieve their nefarious objectives.
How to commit hijacking;
It shall be unlawful for any person to compel a change in the course or
destination of an aircraft of Philippine.
PD 1613- Amending the Law on Arson
Arson- Malicious destruction of property by means of fire.
Kinds of Arson
1. Arson(sec.1 P.D. No. 1613)
2. Destructive Arson (Art 320, as amended by R.A No.7659)
Arson- any person who burns or sets fire to the property of another; or to his own
property under the circumstances which expose to danger the life or property of
another.
Destructive Arson
1. Any ammunition factory and other establishment where explosives,inflammable
or combustible materials are stored.
2. Any archive,museum,whether public or private or any edifice devoted to culture,
education or social services.
3. Any train,airplane or any aircraft,vessel or watercraft or convenyance for
transportation of persons or property
4. Any church or place of worship or other building where people usually assemble
5. Any building where evidence is kept for use in any legislative, judicial,
administrative, or other official proceeding.
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping
center, public or private market, theater or movie house or any similar place or
building
7. Any building, whether used as a dwelling or not, situated in a populated or
congested area.
Other Cases of Arson
a. Any building used as offices of the Government or any of its agencies.
b. Any inhabited house or dwelling.
c. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel.
d. Any plantation, farm, pasture land, growing crop or grain field, orchard, bamboo
grove or forest.
e. Any rice mill, sugar mill, cane mill or mill central.
f. Any railway or bus station, airport, wharf, or warehouse.
Special Aggravating Circumstances in Arson
i. If committed with intent to gain.
ii. If committed for the benefit of another.
iii. If the offender in motivated by spite or hatred towards the owner or occupant
of the property burned.
iv. If committed by a syndicate.
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• The offense is committed by a syndicate if it is planned or carried out by a

group of three or more persons
• If a part of the building commences to burn, the crime is consummated
arson, however small is the portion burned
• When there is fire, the crime committed is either frustrated or
consummated arson, never attempted.
Where death results from arson - If by reason of or the occasion of arson death
results, the penalty of reclusion perpetua to death shall be imposed. Sec 5. PD 1613
Prima Facie Evidence of Arson - any of the following circumstances shall constitute
prima facie evidence of arson; (PD 1613 and Art. 326-B, RPC)
1. If the fire started simultaneously in more one part of the building or
establishment.
2. If substantial amount of flammable substances or materials are stored within the
building not necessary on business of the offender or for household use;
3. If after the fire, materials or substances soaked, in flammable or any
mechanical, or electronic contrivance design to start a fire or ashes or traces of
any of the fire going are found.
4. If the building or property is insured substantially more than its actual value at
the time of the fire.
5. 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 and or insured.
6. If shortly before the fire, a substantial portion of the stocks insured and stored
inside the building were withdrawn not connected with the ordinary course of
business.
7. If a demand for money or any valuable considered was made before the fire in
exchange for the desistance of the offender or for the safety of the person or
property of the victim.
Attempted, frustrated and consummated arson
1. A person, intending to burn a wooden structure, collect some rags, soaks them
in gasoline and places them beside the wooden wall of the building. When he is
about to light a match to set fire to the rags, he is discovered by another who
chances him away.
The crime committed is attempted arson, because the offender commences the
commission of the crime directly by overt acts (placing and lighting match) but
does not perform all the acts of execution (the setting of the fire to rags) due to
the timely intervention of another who chase away the offender.
2. If that person is able light or set fire to the rags but the fire was put out before
any part of the building was burned, it is frustrated. (U.S. us valdez, 39Phil. 240)
3. But if before the fire was put out, it had burned a part of the building, it is
consummated.
Any charring of the wood of a building, whereby the fiber of the wood is
destroyed, is sufficient. It is not necessary that the wood should be ablaze.
(4Am. Jur.88-89) and a mere fact that a building is scorched or discolored by
heat is not sufficient to constitute consummated arson. Setting fire to the
contents of the building constitute consummated crime of setting fire to the
building, even if no part of the building was burned. (U.S. vs. Go Foo Suy. 25
Phil. 187)
Note: If the property burned is an inhabited house or dwelling, it is not required that
the house be occupied by one or more persons and the offender knew it when the
house was burned. (Sec 3, par. 2, P.D. No 1613)
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There is no complex crime of arson with homicide. P.D. 1613 provides that if by
reason of or on occasion of arson death results, the penalty of reclusion perpetua to
death shall be imposed. The crime of homicide is absorbed.
The prima facie evidence of arson. Is that any of the seven(7) circumstances
enumerated in section 6 of P.D. No. 1613 shall constitute prima facie evidence of
arson. Standing alone , unexplained or uncontradicted, any of those circumstances is
sufficient to established the fact of arson.
Malicious Mischief (defined) is the unlawful damaging of another’s property for the
sake of causing damage due to hate, revenge,or other evil motive. (Art 237 RPC)
What are the crimes classified as malicious mischief
They are:
1. Special Cases of Malicious Mischief. (Art 238 RPC)
2. Other Mischief (Art 239 RPC)
3. Damage and obstruction to means of communication (Art 330 RPC)
4. Destroying or damaging statutes, public monuments or paintings (Art 331 RPC)
Who are liable for malicious mischief - any person who shall deliberately cause to
the property of another any damage shall be guilty of malicious mischief. (Art 237
RPC)
Elements of Malicious Mischief
1. That the offender deliberately cause damage to the property of another.
2. That such act does not constitute arson or other crimes involving destruction.
3. That the act of damaging another's property be committed merely for the sake
of damaging it.
Note: This three elements presupposes that the offender acted due to hate, revenge
or other evil motive.
Discussions
Crimes against property are any criminal act that destroys another's property, or that
deprives an owner of property against the owner's will. The criminal law generally
considers these crimes less serious than violent crimes, or crimes against persons, but
they can still constitute very serious felony charges. Arson and vandalism are
examples of crimes that destroy another s property. At early British common law, there
was only one kind of crime against. property, larceny. There was also only one
punishment for larceny in those times: death. As time went on and judges became
more and more reluctant to execute people for pick-pocketing and petty theft, many
crimes that bore striking resemblance to larceny were classified as something else so
that the death penalty could be avoided. In the United States today, where life and
liberty are categorically valued above property, no crime against property is
considered serious enough to warrant the death penalty.
In the Philippine context special crime investigation the study concentrates more on
physical evidence, its collection, handling identification and preservation, in
coordination with the crime laboratory. Special crime investigation involves a close
relationship between the prober in the field and the crime laboratory technician. They
work together as a team reacting to and extending one another's theories and findings
both working patiently and thoroughly to solve a crime from their investigative
discoveries. The present criminal justice system in our country, the court relies more
on physical evidence rather than extrajudicial confession.
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Rome (The Time of Christ)
The Roman Emperor Augustus picked out special, highly qualified members of military to
form the Praetorian Guard, the Praefectus Urbi and the Vigiles of Rome. Their functions were
as follows:
1. Praetorian Guard. This guard was considered too be the first police officer in Rome, with
the job of protecting the palace of Rome and the emperor.
2. Praefecturs Urbi. The function of the Praefectus Urbi was to protect the City, exercising
both executive and judicial power.
3. Vigiles of Rome. The Vigiles began as firefighters, granted with the law enforcement
responsibilities and patrolled Rome’s streets day at night. They were considered as civil
police force designed to protect citizens. They were considered quite brutal and it is where
the word “vigilante” came from.
The Stature of Winchester (England 1285 A.D)
The Statue of Winchester was enacted to establish a rudimentary criminal justice system in
which most of the responsibility for law enforcement remained with the people themselves.
This statue was promulgated by Winchester. The statute established the following;
1. The Watch and Ward Act;

2. Hue and Cry System
3. Parish Constables became primary urban law enforcement agent in England
4. All males kept weapons in their home for maintaining public peace.
Jonathan Wild (England 1720’s)

He was a buckle maker and a brothel operator
and a master criminal who became the London’s most
effective criminal investigator. He was the famous thief
catcher in 1720’s. He conceived the idea of charging
a fee for locating and returning stolen property to their
rightful owners.
Henry Fielding (1749)
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He founded the Bow Street Runners. This was

called London’s first professional police force (originally
numbered just eight) and was considered as the
foundation of all modern police forces.
In 1751, henry published a pamphlet entitle An Inquiry into the Causes of the Lane increase
of Robbers, which called for many sweeping changes in the laws and the execution of their
laws.
John Fielding (1753)
As a younger half-brother of Henry Fielding,

the was appointed as Henry’s personal assistant in 1750.
He also helped Henry to root out corruption and

improve the competence of those who engaged in
administering justice in London. He also introduces the
practice of developing informants, printing wanted notices,
employing criminal raids, and bearing firearms and handcuffs.
The blind John was known as the “Blind Beak” and allegedly able to recognized 3000
criminals by the sounds of their voices.
Patrick Colquhoun (1800)

Patrick Colquhoun published a book known
as, “The Commerce and Policing of the River Thames”.
He was also credited for his innovation for the critical
development and three decades later, led to Robert
Peel’s “new” police.
Patrick together with Master Mariner John

Harriott developed the Marine Police Force or
sometimes known as the Thames River Police. It was
said to be the England first Police Force. The police force was designed to tackle theft and
looting from ships anchored in the Pool of London and the lower reaches of the river.
The force is known as the Marine Support Unit.
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Patrick also had the idea of publicly funded police force. His main contribution was the
introduction of crime prevention, or preventive policing- the fundamental principle to the
English police system.
Eugene Francois Vidocq (France 1811)
Eugene Vidocq established a squad of

ex-convict to aid the Paris Police in investigating
crimes. He worked under the theory of “Set a thief
to catch a thief”. He introduced the concept of “Trade
Protection Society”, which became the forerunner of
our present-day credit card system. For a fee,
any owner of a shop or business establishment could
obtain particulars concerning the financial solvency
of new customers.
He was credited as the founder of La Surete, the France’s National detective organization
and was considered and the Father of Modern Criminology in French Police Department. He
was also regarded as the first private detective.
Dr. Edmond Locard
Edmond Locard published L Enquete

Criminelle e les Methodes Sicentifique in
1920. He was also a pioneer on forensic
science and became known as the Sherlock
Holmes of France. He formulated the basic
principle for forensic science “Every contact
leaves a trace”.
This became known as Locard Exchange of Principle.
Sir Robert Peel (London 1829)
British Statesman Sir Robert Peel established

the London Metropolitan Police Force which became
the worlds firs modern organized police force. The
Metropolitan Police Force did not only become a
model for the American police system but also had
greatly influence on the style of policing in almost all
industrial societies.
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It is also guided by the concept of crime prevention as a primary police objective, it also
embodied the belief that such a force depended on the consent and cooperation of the public
and the idea that police constables were to be civil and courteous to the people.
The force became the model for other police forces in Great Britain, informal names are, “The
Met” and “MPS”. In Statues it is referred to in the lower case the “Metropolitan Police Force”
or the Metropolitan Police, without the appendage “service”. The MPS is also referred to as
Scotland Yard after the location of its original headquarters.
Police are often referred to as “Bobbies” or “Peelers after Sir Robert (Bobby) Peel. The
primary role of the Police in Britain was to keep the Queens Peace, which continues to the
present days. He also introduced the techniques in detecting crimes such as detective
concealing themselves, and secretly photographing and recording conversations. London
Metropolitan Police employed the first undercover officer.
The great contribution of Sir Robert Peel led people to regard him the Father of Modern
Policing. His most memorable principles, “the police are the public, and the public are the
police.”.
England (1833)
Scotland Yard employed the first undercover officer. in U.S.A, the first daytime paid police
department was established in Philadelphia.
Texas Ranger (1835)
Texas Ranger was organized as the first law

enforcement agency with statewide investigative
authority. This is the forerunner of the Federal Bureau
of Investigation (FBI).
Boston, Massachusetts, USA (1851)
Multi-suspect identification line-up was employed for

the first time.
Kate Wayne (U.S.A 1856)
She was the first woman detective in the history of criminal investigation. She was hired by
the Pinkerton Agency and contributed to solving big cases in the United States of America.
U.S.A (1859)
The Appellate Court of U.S.A recognized and accepted photographs as evidence in court
proceedings upon its relevancy and after thorough verification.
Thomas Byrnes (USA 1866)
He was a keen-minded individual who trained his detectives in recognizing individual criminal
techniques. He founded the criminal “modus operandi”. This is a Latin phrase, approximately
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translated as “Method of Operation”, the term as used to describe someone’s habit of working
particular in the context of business of criminal investigation. In English, it is often shortened
as M.O
Jessie James Gang (USA 1866)
The gang made the first hold-up which marked the beginning of the gangs 15 years hold-up
and robbery spree (12 bank hold-ups and 12 train stage coach robberies in 11 states). Clay
County Saving Association was their first victim and took $60,000.00
Howard Vincent (1877)

He headed the newly organized Criminal Investigation Department in Scotland Yard.
Alphonse Bertillon (France 1882)
He introduced the first systematic identification

system based on the Anthropological measurement
(Anthropometry/Bertillon System).
The system recorded anthropometric measurements and persona characteristic such as

color of eyes, scars, and deformities. The following measurements were taken.
1. Body: height, reach from fingertips to fingertips, length of trunk and head or height
sitting;
2. Head: length and width, length and width of right ear;
3. Limbs: length of left foot, length of left middle finger, length of left little finger, length of
left forearm. These measurements were recorded on cards and classified according to
the length of the head;
Francis Galton (England 1892)
He is an English man who published this study on classifying fingerprints and recognized the
uniqueness of the fingerprints to be used as evidence against a suspect.
England (1819)
A new concept was introduced in the field of Criminal Investigation, known as “Team
Policing”. In this concept, there is no patrol division or criminal investigation per se. in this
system, a team of police officers is assigned to patrol and investigate all criminal matters
within their area of jurisdiction or district.
Leland Kirk (1952)
A chemist Paul and forensic scientist, he is the
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most known for his work on blood spatter

evidence. He applied this expertise on bloodstain
pattern analysis to the Sam Sheppard homicide case.
He published Crime Investigation in 1953, one of the
first comprehensive criminalistics and crime
investigation textbooks that encompassed theory in
addition to practice.
The US Supreme Court established procedural guidelines for taking criminal confession. The
case is the origin of the present Miranda rights of every accused under custodial
investigation.
USA (1977)
The FBI introduced the beginning of Automated Fingerprint Identification System (AFIS) with
the first computerized scan of fingerprints.
England (1986)
Deoxyribonucleic Acid (DNA) typing was first used to solve a crime. DNA is unique to every
individual and can be sued for personal identification.
USA (1987)
DNA profiling was introduced for the first time in U.S criminal court. Based on analysis
performed by Life Codes, Tommy Lee Andrews was convicted of a series of sexual assaults
in Orlando, Florida.
New York vs. Castro
This was the first case in which the admissibility of DNA was seriously challenged. It set in
motion a string of events that culminated in a call for certification, accreditation,
standardization and quality control guidelines for both DNA laboratories and the general
forensic community.
USA (1999)
The FBI upgraded its computerized fingerprint database and implemented the Integrated
Automated Fingerprint Identification System (IAFIS), allowing paperless submission, storage
and search capabilities directly to the national database maintained at the FBI.
Allan Pinkerton (1818-1884)
Being engaged in business as a barrel maker in 1846, Allan Pinkerton captured a gang of
counterfeits and was consequently elected as a county Sheriff.
In 1850 he organized the Pinkerton’s

National Detective Agency and was
appointed as the firs City detective in
Chicago.
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The recovery of a large sum of money stolen from the Adam Express Company and the
discovery of a plot to murder Abraham Lincoln in 1861 made way to his reputation.
During the American Civil War, he organized the secret service of the U.S Army. During the
railroad strikes of 1877, his agency provided strikebreakers. His books include Strikers,
Communist and Tramps (1878) and Thirty Years a Detective (1884).
He was considered as the America’s foremost private Detective. This individual truly
deserves the title of “America’s Founder of Criminal Investigation”. Among methods he
pioneered were “shadowing,” the art of suspect surveillance, “roping”, Working in undercover
capacity with a motto “We never sleep”.
Dr. Hans Gross (1859-1930)
He was the earliest advocator of criminal investigation

as a science. , He is also
recognized today as the Father of Criminalistics/Forensic
Science.
Dr. Arthur C. Doyle (1859-1930)
He is a British physician, novelist, and detective-story writer. Dr. Arthur C. Doyle is best
known as the creator of the character of master sleuth Sherlock Holmes. The
characterization of Holmes, particularly his ability of ingenious deductive reasoning, was
based on o ne of Conan Doyle’s own university professor.
Dr. Alec John Jeffrey’s
He used DNA fingerprinting and profiling to identify Colin Pitchfork as the murderer of two
young girls in the English midlands. Significantly, in the course of the investigation DNA was
first u sed to exonerate and innocent suspect.
Flaviano Guerrero
He is the only Filipino member of the United Sates Federal Bureau of Investigation.
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CRIMINAL INVESTIGATION IN THE PHILIPPINES
1901
The Criminal Investigation Service (CIS) now known as CIDG, can trace its humble
beginnings out of an urgent need for a unit that would handle investigation of major crimes
especially against national security, and at the same time, free other Philippine Constabulary
Units from this time-consuming and highly specialized of Criminal Investigation. Hence, this
crime-fighting unit came into being with the creation of investigation Section (IS) pursuant to
Section 2 of Act No. 235 of the Philippine Commission enacted on October 3, 1901.
1901-1919
During the American occupation, the criminal investigation service was primarily organized
out of the great necessity of the Philippine Constabulary in the investigation of crimes.
1913
The genesis of criminal investigation in the Manila Police Department, presently known as the
Western Police District took place in 1913.
1920-1936
The CIS then known as the Information Service led to the successful investigation on the
theme Colurom rebellion. Sakdalista Movement and the Asedillo uprising. It also became
successful in suppressing and investigating crimes including those committe4d against the
security of the state.
1936
The Division of Investigation (DI) was created by virtue of Commonwealth Act No. 181 during
the reign of the late President Manuel L. Quezon. The DI, with the 45 initial members, was
organized after the Federal Bureau of Investigation of United States of America.
1942-1945
During the Japanese occupation, the DI was affiliated with the Bureau of Internal Revenue
(BIR) and the Philippine Constabulary (PC) known as the Bureau of Investigation.
1946
The CIS tapped to perform highly specialized task of investigation and intelligence work as a
criminal investigation branch of G2.
1947
The Bureau of Investigation was reorganized by virtue of

Republic Act No. 157 and the Department of Justice became
its parent agency. R.A 157 was later amended by Executive
Order No. 94 renaming the BI to what is known no as, National
Bureau of Investigation.
1950
The CIS was commissioned to gather intelligence and assume as the role main investigating
outfit of the Philippine Constabulary in response to the resurgence of various criminal
syndicates, like the Black Shirt and the Kamlon Gang coupled with the organization various
anti-government movements, such as Hukbalahap.
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1987
The mandate of the 1987 Constitution establishing the National Police Force that should be
national in scope and civilian in character under the Department of Interior and Local
Government (DILG) paved the way for the creation of the Philippine National Police (PNP).
Consequently, the CIS is retained as one of the National Support Units of the PNP under the
name of Criminal Investigation Service Command (CISC), this distinguishes it from the
operating unit of the administrative support unit crated pursuant R.A 6975 which assumes the
name of the “Service” while operating support units assumed the name of command.
1991
Due to the media publicly of investigations of sensational cases committed by local
executives Organized Crime Groups (OCGs), the CIS as mandated by R.A 6975, acted as
the primary investigating arm of the PNP on major crimes, OCC’s and economic sabotage.
On September 5, 1994, the Criminal Investigation

Service Command was renamed as Criminal Investigation
and Detection Group (CIDG) following the NAPOLCOM
Resolution No. 92037, with the motto “We seek the truth”.
From its humble inception up to the way, it metamorphosed
to being the premier arm of the PNP as the “Spirit and Soul
of the Force”.
1996
A SOCO Team was appropriately organized to

meet the core mission of the Crime Laboratory which is
the National Operating Support Unit of the PNP by virtue
of NAPOLCOM Resolution Nr. 96-058
LAWS RELATIVE TO CRIMINAL INVESTIGATION
1. 1935 Philippine Constitution, Art 3, Sec. 17 (1)

“In all criminal proceedings, the accused shall… enjoy the right to be heard by himself and
counsel.
2. 1932 Philippine Constitution, Art 3, Sec. 20

No person shall be compelled to be a witness against himself. That, any person under
investigation for the commission of an offense shall have the right to remain silent, to have a
counsel and to be informed such right. No force, intimidation or any means, which vitiate the
free will shall be used against him. Any confession obtained in the violation of this section
shall be inadmissible as evidence.
3. 1987 Philippine Constitution, Art 3 Sec. 12 (1)

Any person under investigation of the commission of an offense shall have the right to be
informed in his right to remain silent and to have a competent and independent counsel
preferably of his choice. If the person cannot afford the services of a counsel, he must be
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provided with one. These rights cannot be waived EXCEPT in writing, signed and in the
presence of a counsel.
Related Cases:
Miranda vs. Arizona
It originated from the American jurisprudence Mr. Ernesto Miranda who was accused of
kidnapping and rape in the State of Arizona. The Arizona Police interrogated him exhaustedly
leading to his confession. Based on his confession, he was charged tried and convicted.
Appeal of his conviction was made before Arizona Supreme court but his conviction was
affirmed. The appealed was then elevated to the U.S Court where there was a reversal of the
decision and he was acquitted on constitutional grounds.
It was in this caser that the U.S Supreme Court laid down the constitutional rights of
the accused during the custodial interrogation. This constitutional right was also incorporated
in the 1972 Philippine constitution and later in the 1987 Constitution of the Philippines. This is
known as the Miranda Rule, Doctrine or Warning.
The Rights of a Person under Custodial Investigation are as follows:
1. Right to remain silent. Anything that he/she may say may be used against him/her in any
court of law.
2. Right to have a counsel preferably of his/her own choice and if he/she has none, the
government must provide one for him.
3. Right to be informed of the nature of the charges against him and whatever he/she may
be used for or against him/her
4. Right to be informed of such rights under the constitution.
These rights could be validly waived in writing and with the assistance of a counsel in order
that the ensuring confession be admissible in evidence. The confession must also be in
writing singed and sworn to by the accused.
In Miranda v. Arizona case, the court addressed the question of how to enforce a suspect
right to counsel and right against self-incrimination. The court concluded that police officers
must specifically inform suspects of these rights and inform them that if they give up these
rights their statement can be used against them.
Gideon v. Wainwright (U.S 1963)]
The Supreme Court held that the Sixth Amendment which guarantees criminal defendants
the right to counsel, requires state government to provide attorneys for indigent (poor)
criminal defendants.
Escobedo v. Illinois (U.S 1964)
The court held that a suspect has a right to have an attorney present when being interrogated
in police custody as well as during a trial.
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Morales v. Juan Ponce Enrile (1983)
The supreme court of the Philippines ruled in this case and made a clear remark that the
Miranda Warning as it is generally called have to be made so that a confession can be
admitted.
4. 1987 Philippine Constitution Sec. 6 Art 16
The state establishes and maintains one police force which shall be national in scope and
civilian in character, to be administered and controlled by the National Police Commission.
The authority of the local executives over the police shall be provided by law.
5. Republic Act No. 7438
An Act defining certain rights of person arrested, detained and or under custodial
investigation as well as the d ties of the arresting, detaining and investigation officers and
providing penalties for violation thereof.
CHAPTER 2
INTRODUCTION TO CRIMINAL INVESTIGATION
CRIMINAL INVESTIGATION
INVESTIGATION
- it is the act or process of investigating or the condition of being investigated.

- It also refers to a search or inquiry for ascertaining facts; detailed or careful
examination.
Latin terms: Investigat – which means “to inquire or to discover” during the 5th century.
CRIMINAL INVESTIGATION
It is an art which deals with the identity and location of offender and provides evidence of his
guilt through criminal proceedings.
Other Scientific Definitions:
Criminal Investigation
It is the collection and analysis of facts/truths about persons, things, places that are subjects
of a crime to identify the guilty party, locate the whereabouts of the guilty part, and
provide admissible pieces of evidence to establish in the guilt of parties involve in crime.
It is the logical, objective and legal inquiry involving a possible criminal activity. The result of
the inquiry, if successful, will answer the 5 Ws (who, what, where, when, why) and the H
(How) questions.
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It is a legal inquiry by virtue of a complaint to follow up, examine, trace, track and search,
step by step examination or process and meticulous observation, the fact of the commission
of a crime, the identity of the actors and the circumstances attendant thereto, by careful
evaluation of all available pieces of evidence to the end that violators of the law be brought to
the bar of justice, and the innocent be relieved the ire from.
It is a lawful search for people and things useful in reconstructing the circumstances of an
illegal act or omission and the mental state accompanying it. It is the probing form the known
to the unknown, backward in time and its goal is to determine the truth as far as it can be
discovered in any post-factum inquiry.
It is an official effort to uncover information about a crime. There are generally three ways
that a person can be brought to justice for a criminal act.
1. The individual will be driven by his conscience to immediately confess

2. An officer of the law can apprehend him in the act.
3. The criminal investigation can identify the person as a suspect after which he
may confess or be convicted by trial.
Three Elements of Crime
1. Motive
- it is the moving power or force which compels a person to commit acts towards a definite
result.
Generally, motive is immaterial in incurring criminal liability; it is intent which is material.

Motive becomes material when the act brings variant crimes. There is a doubt whether the
accused committed the crime or the identity of the accused is doubtful, the evidence in
the commission of crime is purely circumstantial or the evidence of the guilt of the accused is
inconclusive.
2. Opportunity
- It is the chance or time given to the offender in committing the crime. Without such chance
or opportunity given to the offender, there could be no crime committed in many instances,
the victims are the ones making opportunity for the offender to commit such crime.
3. Instrumentality/Capability
-It is the use of materials and the other mans which are essential in the commission of the
crime. Thus, crime will not occur if all the elements of the crime exist. Further, if one of the
elements of crime is absent eh crime will not and will never be happen.
KINDS OF CRIMINAL INVESTIGATION
Generally speaking, the two kinds of criminal investigation are:
1. Investigation while the suspect is under arrest and detention

2. Investigation while the suspect is at large
AT-LARGE- It is not being wanted person before the eyes of law
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FUGITIVE FROM JUSTICE- It is an escapee from detention or an escaped prisoner while

serving sentence by virtue of a final judgement rendered by a court of competent jurisdiction
that can be legally arrested without the necessity of warrant of arrest.
THREE PHASES OF CRIMINAL INVESTIGATION

1. The Criminal is identified
2. The criminal is traced, located and arrested
3. The fact or evidence to prove his/her guilt is gathered for introduction during trial.
GOALS OF CRIMINAL INVESTIGATION

1. Determine whether a crime has been committed
2. To legally obtain information or evidence
3. To identify person involved
4. To arrest suspect
5. To recover stolen properties
6. To present the best possible case to the prosecutor
MODES OF INVESTIGATION
1. Reactive Mode of Investigation- addresses crime that already happened or occur.
2. Proactive Mode of Investigation- identities and arrest suspects before crime will
happen. It is designed to catch a criminal in the act of committing a crime rather than
waiting until a crime is reported by a concerned citizen.
Is Investigation an Art or Science?
Investigation is a mixture of an art and a science.
Investigation is a science because there are certain rules that should be followed to conduct
a successful investigation and because the pure and applied science play an increasingly
important role in investigation.
Investigation is considered as an art because it depends on the skills of the investigator,

including interpersonal communication and creativity.
Criminal Investigation as an Art
Criminal Investigation is considered as an art because it is not governed by rigid rules of fixed
legal procedures but most often based on intuition (logic and tested knowledge, immediate
learning/consciousness) and sometimes by change.
Most often than not, it is governed by

a. Felicity/Inspiration
b. Intuition
c. Luck
It was Dr. Hans Gross who said that criminal investigation is 95% perspiration, 3 %
inspiration and 2 % luck. This means that the investigators should not only depend on
inspiration or luck or else they will fail 95% in their investigation. One hundred percent effort
must be exerted because inspiration or luck may never come in this way.
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Criminal Investigation as a Science
It is a science because it involves the application of knowledge of forensic sciences in the

process of identifying, locating, collecting, processing, and or evaluating physical evidence.
STEPS IN CRIMINAL INVESTIGATION
1. Identification/Recognition of facts, information, evidence

2. Collection of facts, information, evidence
3. Preservation of forensic value (Legal Integrity)
4. Evaluation, processing of evidence and case
5. Presentation of evidence and criminal case.
CRIMINAL INVESTIGATOR
It refers to the person who performs an investigation. It is also known as prober and a
considered as the superstar in the process of Investigation.
POLICE INVESTIGATOR
It refers to the PNP uniformed personnel both Police Commissioned Officer (PCO) and Police
Non-Commissioned Officer (PNCO) conferred with the appropriate certification to investigate
with care and accuracy, by conducting step-by-step examination, through patient inquiry and
meticulous observation, data and other pertinent matters to support crime theories and
establish relevant facts to aid in identifying the offense and criminal offender, locating him
and providing evidence oh his guilt leading to the successful filing and prosecution of the
offense.
A police investigator must be a graduate of Criminal Investigation Course (CIC) for PNCP
and the Investigation Officer Basic Course (IOBC) for PCO’s.
POLICE DETECTIVE
It refers to the PNP uniformed personnel who was previously certified as a police investigator
but was able to complete 18 units of Masters Degree, and completed the Police Detective
Course (PDC), and acquired the requisite experience relating to investigation of cases and
appearance in court duties to support the successful filing and prosecution of offense.
ROLES OF THE CRIMINAL INVESTIGATOR

1. Determine whether a crime has been committed
2. Identify the victims and the offender
3. Locate and apprehend the offender
4. Present evidence of guilt for the offenders
5. Assist in case follow-up
CHARACTERISTICS OF COMPETENT CRIMINAL INVESTIGATOR
1. Perseverance- it refers to the steadfastness, persistence and resolution to bring the

desired conclusion is spite of obstacles connected with criminal investigations.
2. Endurance. This is the ability of the investigator to last physically and mentally hence
he/she must have the extraordinary physical and metal energy, enduring sleepless nights and
tiresome days.
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3. Incorruptible honesty and integrity. This refers to the degree of honesty and integrity of
the investigator on several temptations over money that are offered to affect the investigation.
Women and drinks are ticks of temptations.
4. Intelligence and Wisdom of Solomon. This is very important in order that the investigator
could easily decipher falsehood from truth and separate the grain from the chaff.
5. Acting Activity. It refers to the ability of the investigator in stopping down to the level
of a minor, the prostitute or the slum dwellers, professionals or other members of the elite
during the investigation process.
6. Oral and Written Communication. Every investigator should have a basic knowledge on
both oral and written communication in probing a certain issue in order that he/she will not
suffer setback in getting the accurate facts information. This includes the use of appropriate
words in making a report and writing observations and descriptions of places, things and
events.
7. Observation and Descriptions. The investigator should keen observer and knows how to
accurately describe anything. This is important in crime scene investigation and in conducting
an interview and interrogation.
8. Courage. It is the moral fortitude of the investigator to tell the truth irrespective of who gets
hurt.
9. Knowledge on Laws. The investigator should have basic knowledge on legal matters
concerning investigation.
10. The power to “Read between the lines”. This refers to the ability of the investigator to
interpret the words or phrases encountered in the process of investigation into their deeper
meaning in order to arrive with a concrete meaning oft the certain statement.
11. Technical Knowledge. This refers to the investigator’s capability of defense tactics, use
of firearms and the like. In many occasions, he/she will be alone in confronting arresting,
bringing to headquarters and interrogating the suspects.
BASIC ELEMENTS IN CRIMINAL INVESTIGATION
1. Recognition
It involves the effort of identifying data, including physical things that may provide relevant
information regarding the criminal cases being investigated. That is why recognition is
otherwise known as identification stage of investigation.
The earlier significant facts are identified, the sooner the case will be solved.
Significant things that must be recognized may be in the form of bloodstains ate the crime
scene, neighbor who accidentally saw/witnessed a burglary in progress, or bank record of a
drug dealer. These are highly relevant facts that can be used by the investigator, to be
developed on a well-founded belief that a crime has in fact been committed.
2. Collection
It refers to the act of gathering those identified data or facts, or physical things that are
significant to the case under investigation. Collection may be done by scaping the bloodstains
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found at the crime scene, interviewing the neighbor who saw the burglary or examination of
drug dealer’s bankbook.
3. Preservation
It is a function that is almost simultaneously performed during the collection stage. It includes
the act of keeping the collected pieces of evidence in their true and original form, preventing
contamination or destruction of their substantive value.
Preservation does not only involve the process of packaging physical evidences in order that
they can be safely transmitted to the evidence custodian or to the crime laboratory but covers
the process of maintaining the objectivity of facts or information also fathered from the
testimony of witnesses, victims of other persons involve in the criminal cases.
4. Evaluation
It refers to the processes of determining the probative value of the evidence.
Probative Value- refers to the strength of the evidence or its worth/weight in successfully
establishing a proof that a crime has in fact been committed and that the suspects/accused
is the one who is responsible for it.
5. Presentation
It is primarily manifested in the courtroom. The investigator, with the help of the prosecutor,
must be able to present facts and information in a very simple and convenient manner in
order to convince the court and other parties involved in the criminal case about the validity
and truthfulness of the evidence they are trying to prove or establish.
CARDINAL POINTS OF CRIMINAL INVESTIGATION
1. Who Questions:
These are questions used to inquire on the identify of the victims or offended party, name of
the suspected accomplices, accessories and witnesses of the crime.
1. Who reported the crime? Who discovered the crime?

2. Who saw how the crime was perpetrated?
3. Who is the victim? Who had any misunderstanding with him/her?
4. Who is the offender/perpetrator/culprit?
5. Who are the companions, associates or accomplices of the perpetrator?
2. What Questions.
The purpose of these types of questions is to find out what happened or what took place
before, during and immediately after the commission of the offense.
1. What happened?
2. What specific actions did the suspect/victim/witness do?
3. What is the nature of the crime?
4. What was/were the weapons/tools/used by the culprit?
3. Where Questions.
These are the questions that localize the place of the incident-the city or town, the district or
barangay, the street or road, the number of the house or building.
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1. Where was the crime discovered?

2. Where did the offense take place?
3. Where are the victims, witnesses or culprits?
4. Where do the victims/witnesses/culprits are?
5. Where was the suspect when the was apprehended?
6. Where were the weapons or tools used in committing the crime?
7. Where did the investigator secure or obtain the evidence?
4. When Questions.
These are questions needed to determine and fix the time, day, month and year when the
crime was committed.
1. When was the crime committed?

2. When was it discovered?
3. When was the police notified?
4. When was the victim last seen?
5. When was the suspect arrested?
5. Why Questions.
These are questions that endeavor to ascertain the motives, causes, antecedents, previous,
incidents, related facts, background occurrences that might help explain the commission of
the offense.
1. Why did the offender do it?

2. Why did the/she kill the victim?
3. Why didn’t she/he just let the victim jo?
4. Why didn’t the suspect surrender?
6. How Questions.
These are designed to help the investigator to determine how the crime was committed, the
means/tools that were employed, how the crime was discovered and how the culprits entered
the building room.
1. How did the suspect get near to the victim?

2. How di he/she perform the crime?
3. How did the criminal get all the necessary information?
4. How did the criminal get away from the crime scene?
5. How was the crime scene search conducted?
The Golden Rule in Criminal Investigation
“Never touch, alter, move or transfer any object at the crime scene unless it is
properly marked, measured, sketched and or photographed”.
The purpose of this rule is to avoid the mutilation, alteration, and contamination (MAC) of
the physical evidence found at the crime scene.
TOOLS OF CRIMINAL INVESTIGATION

OR THE THREE (3) I’s OF AN CRIMINAL INVESTIGATION
1. INFORMATION
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2. INTERVIEW/INTERROGATION
3. INSTRUMENTATION
DEFINITION OF TERMS:
1. Interviewer- refers to a person who conducts interview.
2. Interviewee- refers to the person being interviewed.
3. Interrogator- it is the person who performs skillful questioning of hostile witness and
suspects for purposes of obtaining confession or admission.
4. Interrogee- it is the subject of interrogation whether a suspect or a victim.
5. Suspect- it denotes any person associated to the commission of a crime. A suspect may
also refer to any person whose guilt is considered on reasonable ground to be a practical
possibility.
6. Witness- is a person other than the suspect, who is requested to give information
concerning an incident. He/she may be a victim, complainant, an accuser, a source of
information, and a observer of the occurrence, a scientific specialist who has examined
physical evidence or a custodian of official documents.
1. INFORMATION
This is the knowledge which the investigator gathered and acquired from persons, records
and “modus operandi file”. Information is important in investigation because it answers the
question, WHO DID IT? The ability to secure information is considered the chief asset of an
investigator.
INFORMATION CLASSIFIED AS TO SOURCES
1. Regular sources
- records, files from government or non-government agencies and news items, intercepted
radio or telephone messages and stored computer data.
2. Cultivated sources
- information furnished by informants or informers.
3. Grapevines sources
- information coming from the underworld characters such as prisoners or ex-
convicts.
INFORMERS
Are those persons who provide information to the police on a regular basis. They are either
paid regularly or in a case to case basis, or none at all. They are cultivated & established by
the police on a more or less permanent character & as long as they are loyal and useful to
the police organization.
INFORMANTS
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It refers to any person who furnishes the police an information relevant to the crime under
investigation or about the activities of the criminals or syndicates. Informant may openly give
the information or offer himself to be a witness.
CONFIDENTIAL INFORMANT
It is one who provides the police with the confidential information concerning a crime. The
informant does not want to be identified as the source of information. Under the law, these
types of informants are protected & their identity could not be revealed by the police even
under the order of the Court unless an exceptional case where there is a claim of the defense
that the informant framed-up the accused.
TYPES OF INFORMANTS:
1. Anonymous Informant
- a phone caller, letter writer or a text sender. Never tell the informant that the investigator
already knows the information. The duty is to receive the information & not to reveal to
the caller any other information or facts about the case.
2. Rival-Elimination Informant
- maintains identity being anonymous. His purpose is to eliminate rival person or gang due to
competition or other motives such as revenge & etc.
3. False Informant
- Usually reveals information of no consequence, value or stuff connected with thin air. His
purpose is to appear to be on the side of the law & for throwing out suspicion from himself or
from his gang or associates.
4. Frightened Informant
. He is motivated by anxiety & self-preservation of his well-being & will furnish information to
protect himself or sustain self-importance. This type is the weakest link in the composition of
criminal chain.
5. Self-aggrandizing Informant
- moves around the centers of criminals, group or syndicate & delights in surprising the police
about bits of information.
6. Mercenary Informant
- The informant has information for sale. He may have been victimized in a double-cross or
little share in the loot or given a dirty deal & seeks revenge as well as profit in his disclosure.
7. Double-crosser Informant
- he uses his seeming desire to divulge information as an excuse to talk to the police in order
to get more information from them than he gives. To counter this kind of informant, the police
apply deception method by giving him false information that will lead to his capture.
8. Women Informant
- a female associate of the criminals, who was roughed up, marginalized in the deal or being
eased out from the group. care must be given to this kind of informant because women, given
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the skills & expertise are more dangerous than men. They often give free romance that will
result in blackmailing the investigator or will result to an extended family for support.
9. Legitimate Informant
- desire to give information that springs from legitimate reasons. They may be a legitimate
business operator who abhor the presence of criminals in their trade & parents who are afraid
that their siblings will be influenced by their friends who are suspected to be criminals. Others
are included where their desires to give information are impressed with lawful motive.
MOTIVES OF INFORMANTS
1. Vanity
The motive is for self-aggrandizement by gaining favorable attention & importance by the
police.
2. Civic Mindedness
It is imbued with the sense of duty & obligation to assist the police in their task.
3. Fear-is an engendered illusion of oppression from enemies or from impending

dangers.
4. Repentance
Those lesser criminals such as accomplices or accessories who will have a change in heart
to unburden their conscience.
THE PROVERBAL BASIS:
The saying that says: “It needs a thief to catch another thief”. The history of the French
police proved that this saying is true. The elite French Surete, task to investigate criminal
cases, hired an ex-convict as an informer. This ex-convict produced outstanding successes in
the solution of cases seemingly difficult to be solved. The ex-convict later became the Chief
of the French Surete & the man was Vidocq.
SELECTION OF INFORMERS
There is no hard and fixed rule in the selection of informers. This is addressed to the sound
discretion of the investigator. The informer may be to a fixed period of assignment or into a
case-to-case basis.
The informer must be indoctrinated that they are not immune from arrest & prosecution if they
commit crime. They should not bring shame & dishonor to the police service. When they will
commit crimes, they should be punished like the rest.
All sectors of society must be covered, & their composition must include but not limited to taxi
drivers, jeepney & bus drivers, vendors, conductors, waiters, dancers, ex-convicts, shady or
underworld characters, hostesses, bankers, security guards, businessmen, prostitutes, the
elite in the society & others.
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They should be planted as moles or stole pigeons practically in all corners of social order.
CRITICAL AREAS IN DEPLOYMENT OF INFORMERS
1. Within the ranks of criminals & criminal syndicates

2. Associates & friends of criminals
3. Places or hang-outs of criminals such as night clubs, bars, hotels, billiard halls & other
places
4. Slums & residential places where criminals have their contacts
5. Detention centers such as local jails & National penitentiaries, in many instances
crimes were solved by planting moles among detention prisoners in the holding centers of
investigative units thru agreements with prison authorities.
5. Places where criminals dispose their loots.
WOMEN INFORMERS:
This is the most effective among informers because they could easily penetrate the ranks of
criminals with less suspicion. Besides they could mingle with the crowd easily & could obtain
information more than their male counterparts, especially if their beauty attracts attention.
They have easier access to women associates of male criminals. However, care must be
employed as they could easily double-cross the police once they fall in love with criminals.
DUAL ROLE OF INFORMERS

1. Identifying & tracing the whereabouts of the suspects
2. Gathering of information that will lead to the location and recovery of the evidence such as
the loot or other pieces of evidence relevant to criminal activities.
OTHER SOURCES OF INFORMATION:
1. Government Records
Police files, NBI files, Bureau of Immigration files, Comelec files, files from the local jails,
National penitentiaries & other government agencies.
2. Private Records- from private offices & business & non-government organizations.
3. Intercepted Messages
It is from telephones, cell phones, radio telecommunications & other means of
communications. (RA 4200 and RA
4 Records of Firearms & Explosive Unit concerning licensed holders of firearms &
authorized possessor of explosives.
5. Fire Bursting
Tracing the chain of possession of a firearm, from the manufacturer, distributor, seller, and
the last possessor. This could be done thru the files of the FBI & other police agencies.
6. Records of foreign & local manufacturers of vehicles concerning the engine &
chassis numbers of the suspected vehicles used in the commission of crimes or are the
subject of carnapping.
7. Stored data on computers & Cell phones

Only experts must be employed to retrieve the data
2. INTERVIEW
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It is the simple questioning of a person believed to possess information, which are relevant to
the investigation of a crime or on criminal activities.
In an interview, the interviewee is willing and cooperative with the person conducting the
interview.
GENERAL KINDS OF INTERVIEW
1. Cognitive Interview
This is conducted to willing and cooperative witnesses, where they are given the full
opportunity to narrate their accounts without intervention, interruption and interference from
the interviewer.
After the subject finished his/her narration, the investigator now subjects him/her to the
style of direct examination and cross-examination to clarify the unexplained portions to arrive
at the vivid (bright) and complete picture of the testimony.
2. Question and Answer

This interview as practiced by some investigators requires the interview to answer the
questions posed by the investigator. The interview is required to answer on what he/she
knows about what is being asked in the case of subjects of low level of intelligence, the use
of leading questions greatly helps the investigator to obtain the full and desired information.
Golden Rule in Interview
“Never allow the interviewer to conduct nor let anyone to conduct an interview without
prior visit to the crime scene”.
The questioning should be in agreement with the facts and conditions at the crime scene.
The questioning will lead wayward for the interviewer who had not seen personally the crime
scene and he/she will not be in a position to distinguishes half-truths exaggerations of
falsehood from t he answers of the person being interviewed.
Qualities of a Good Interviewer
1. Rapport
It refers to the good relation between the interviewer and the interviewee, which is conducive
to a fruitful result. It is winning the confidence of a person being interviewed in order that he
will tell all the information in his/her possession. The interviewer must be in a respectable
civilian attire because, most often and the majority of people, the police uniforms is barrier in
establishing good rapport. To many, the uniform is intimidating.
2. Forceful Personality
The appearance of the interviewer and other qualities such as skills of communication
techniques or the force of language are the mainstay of the strength of his character. He/she
must be understanding, sympathetic and without showing official arrogance, vulgarity of
expression and air superiority.
3. Knowledge on Psychology/Psychiatry.
This will help the interviewer determine the personality and intelligence of the suspect; he/she
must go down and up to the level of understanding of his/her particular subject.
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4. Conversational Tone of Voice

Investigators tone of voice must be conversational, not confrontational as in interrogation. It
means that the interviewer must know how to appropriately use his/her voicer normally,
without unusual loudness that may affect the interview process.
5. Acting Qualities
He/she must possess the qualities of an actor, salesman and psychologist and know how to
use the power of persuasion. This is done to convince the person to disclose what he/she
knows about the issue being investigated.
6. Humility
He/she must be courteous, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview. This is usually done at the end of the interview that may give
a good impression to the being interview.
Reasons why witnesses Refuse to Testify
1. Fear of Reprisal
Witnesses who lack the courage to face the suspect, his associates or relatives always
entertain the fear of reprisal. This is natural, especially those who have no means to protect
themselves, or no influential person for them to rely on.
This is prevalent among the generally underprivileged sectors of our society. The investigator
must remove these fears from the mind of his/her witnesses either by offering protection or by
the explanation that unless the suspect is not put behind bars, the fear will not disappear. The
investigators power of persuasion plays a vital role.
2. Great Inconvenience
On the part of those of hands-to-mouth existence there is this real inconvenience, which will
deprive them the time to earn for their living especially during the ordeal of testifying during
the trial. To those unemployed, the inconvenience is greater thus the investigator must
sincerely help them through his/her contacts with the business community.
3. Hatred against the Police

This hatred may be due to previous bad experience with rogue members of the police
organization. The investigator must show the difference between him/her and the rogue
policeman by honest and sincere entertainment of the complaint against the rogue cops.
He/she must explain that these scalawags represent only small percentage of whole
organization and the police leadership is addressing the situation properly.
4. Because of Bias of Witness
The witness may an acquaintance, friend, helper or benefactor of the suspect. All of these
and other relationship of the witness to the suspect must be explored so than an intelligent
approach is properly applied.
5. Avoidance of Publicity
There are witnesses who are shy and they shun publicly that will bring discomfort to t heir
ordinary or obscure way of living. The investigator must hide these witnesses away from the
reporters.
6. Family Restriction
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Some famous and respected families preserve their reputations by instilling to their members
the need of the approval of their elders on matters affecting the families. The investigator
must talk to the elders for their approval for a member to testify.
PHASES OF INTERVIEW
1. Preparation
Investigator must review the facts at the crime scene and information from other sources in
order that he/she would be ready for the questioning. A background data of the subject
should be available so that he/she could adapt himself/herself to the kind of approach to the
employed.
2. Approach
This is done through investigator’s careful selection of the kind of approach to use, which
may be a single kind, a combination of two or the application of all techniques.
3. Warming Up
This is done by preliminary or exploratory or exploratory questions to clear the atmosphere
and promote a conducive place for cordiality, respect and trust for each other.
4. Cognitive Interview
This is performed by allowing or already asking now the subject to narrate his/her account
without interruption, intervention or interference. It is only after the completion of the
uninterrupted narration that the investigator begins the direct and cross-examination.
Rules in Questioning
1. One question at a time.

Multiple, complex and legalistic questions should be avoided. One question at the time is
desired.
2. Avoid implied answer.

The nod of the head or any other body language as a response to the questions should be
avoided. The answers must be oral, clear explicit and responsive to the questions.
3. Simplicity of Question
A short simple question at a time is required. If the answer needs qualification, then, it should
be allowed. Avoid legalistic questions such as who is the murderer, or who are in conspiracy
with the subject.
4. Saving Face
Embarrassing questions on the subject on matters of exaggeration or hones errors about
time, distance and description can be avoided if the investigator will cooperate with the
subject to save his face. c
5. Yes and no answer

Do not ask questions which could be answered by yes or no only. It will curtail the complete
flow of information and will lead to inaccuracy.
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TYPES OF WITNESSES
1. Know-nothing Type
This is a reluctant type of witness. It is found among the uneducated and of low level of
intelligence. The technique to be applied is to be with their level of intelligence and by
interrogation.
2. Disinterested Type
This refers to an uncooperative and indifferent subject. To deal with this type is to find out
his/her field of interest so that he/she will talk. His/her indifference should be demolished to
arouse interest or be flattered instead.
3. The Drunken Type

The style of questioning by the investigator should be adapted to the psychology of the
subject. When the drunken subject has sobered, another interview will be conducted,
confronting him/her about disclosures while in the state of drunkenness. The written
statement must be taken during his/her sobriety.
4. Talkative Type
This is a witness who is prone to exaggerate adding irrelevant or new matters to their
narration. The skillful investigator could prune the unnecessary matters from the relevant
ones.
5. Honest Witness
This is a liar type of witness. Let him /her lie and order later to repeat several times the
narration.
6. Deceitful Witness
This is a liar type of witness. Let him/her lie and order later to repeat several times the
narration. He/she will be enmeshed in contradictions. If possible, the lies must be tape
recorded for the confrontation about the contradiction.
Pressure him/her for possible cases of perjury or obstruction of justice and he/she will
tell the truth.
7. Timid Witness.
This is a shy witness. The approach must be friendly and reassuring confidentiality of the
information. It should be hidden from the devouring press by interview or photo sessions.
8. Refusal to Talk Witness

This is the most difficult subject to deal with. Find out the reasons of his/her personality such
as: trauma, shock, fear, hatred, and others. Remove these fetters of silence so that he/she
will start talking.
INTERROGATION
It is the vigorous and confrontational questioning of a reluctant suspect about his/her

participation in the commission of crime.
It is confrontational in the sense that the investigator places the guilt on the accused. This
process could also be applied to an uncooperative or reluctant suspect/witness.
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Interrogation is one of the most difficult but most interesting phases of criminal investigation
and detection. It is a challenging battle of wit between the investigator and the suspect. It is a
mental combat where the weapon is intelligence and the use of the art. Victory depends upon
proper and effective use of the art. Witnesses or victims are interview, and suspects are
interrogated.
GOALS OF INTERROGATION
1. To find out the truth about the crime
2. To obtain an admission or confession of guilt from the suspect
3. To gain all facts in order to determine the method of operation or modus operandi and the
circumstances of the crime in question.
4. To collect information that guides investigators to arrive at a logical conclusion.
What is the main purpose of interrogation

The main intention of interrogation is to obtain confession or admission from the suspects
and to learn relevant information for uncooperative witness.
When the accused confessed to the commission of a crime/he or she accepts the facts
constituting the offense but if he/she interposes self-defense or other exculpatory ground,
then the acknowledgment is not a confession butt admission.
CONFESSION
1. There is declaration of the person (accused).

2. The accused acknowledge guilt from the commission of a crime
3. Guilt is admitted.
ADMISSION
1. There is a statement of the person (accused).

2. The person only agreed on facts or circumstances of the crime
3. There is no acceptance of guilt.
KINDS OF CONFESSION
1. Extra Juridical Confession
It is a confession that is made by the suspect during custodial investigation or those

confession that are made outside the court.
Sec 3, Rule 133, Rules of Court stated that:

“Extra judicial confession is not sufficient ground for conviction: An extra judicial
confession made by an accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of corpus delicti-body of the crime”.
These reason for the above rule is to guard the accused against conviction based upon false
confession of guilt. It is possible that a person might have confessed his/her guilt regarding
an offense, which someone has committed and when asked of his/her victim of the nature of
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the injuries inflicted by him/her, it does not coincide with the identify or nature of the
injuries receive by the victim.
Type of Extra-Judicial Confession
1. Voluntary Extra-Judicial Confession

The confession is voluntary when the accused speaks of free will and accord, without
inducement of any kind, with a full and complete knowledge of the nature and the
consequence of the confession.
2. Involuntary Extra-Judicial Confession

This confession obtained through force, threat, intimidation, duress or anything influencing
the voluntary act of the confessor.
Note:
Confession obtained from the defendant by means of force or intimidation/violence is null and
void, and cannot be used against him/her during the trial (Doctrine of Poisonous Tree).
2. Judicial Confession
This confession is made by the accused in open court. The plea of guilt may be made during
arraignment or any stage of the proceedings where the accused changes plea or not guilty to
guilt. This is conclusive upon the court and may be considered to be a mitigating
circumstance to criminal liability.
A plea of guilty when formally entered on arraignment is sufficient to sustain conviction of any
offense, even a capital one, without further proof.
Sec. 2, Rule 129, Rules of Court affirmed that:
“Judicial admission is made by the party in the pleadings, or in the course of the trial or other
proceedings do not require proof and cannot be contradicted unless previously shown to
have been made through palpable mistake.
TECHNIQUES OF INTERROGATION
1. Emotional Appeal
This is the technique whereby the investigator, combining the skill so f an actor and
psychologist, addresses the suspect with an emotional appeal to confess. This is applicable
to firs time offender or those who are of the emotional type of characteristics displayed by
nervousness or emotional disturbances. Devotees of a religion may belong to this type.
2. Sympathetic Approach
The investigator, in his/her preliminary or probing questions must dig deep into the past
troubles.
3. Friendliness
A friendly approach coupled with a posture of sincerity may induce the suspect to confess.
4. Trick and Bluff Techniques
a. Pretense of Solid Evidence
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The investigator bluffs the suspect that even if he/she will not confess, there is enough
evidence to send him/her to jail. If confession is made, the investigator will see to it that
his/her prison term will be within the range of probation.
b. Weakest Link
Among the suspects, there must be a careful selection of who among them is the weakest
link where the interrogation will begin. By tricks and bluffs, this weakest link will be told that
his/her companions had already confessed and that this weakest link had dealt the fatal blow
or that he received the lion share of the loot in order to intrigue him.
c. Drama
The weakest link maybe used to fake pain and agony by ordering him/her to shout,
accompanied by banging a chain on the wall to make it appear that a Commotion is going on.
The other suspects in separate rooms must hear the drama before telling them that t heir
partner had confessed.
d. Feigning Contact with Family members

The suspect could be tricked that the investigator had gone to the residence and the family
members had supplied facts against the suspect. The suspect family will be dragged into the
investigation if the suspect will not confess.
e. Line Up
The complainant, witness or victim is requested to point positively to the suspect in the police
line-up. The witness’s victims or complainant are previously coached about the identity of
the suspect.
f. Reverse Line up
The suspect is placed among other persons in a line up and he/she is identified by several
complainants and witnesses who will associate the suspect in other several crimes. This will
cause the suspect to become desperate and confess only to the case under investigation, to
avoid from being charged on false accusations.
g. Stern Approach
The investigator displays a stern (demands immediate response) personality towards the
suspect by using the following methods:
1. Jolting- In the questioning process, the investigators select the right moment to shout a
pertinent question in an apparent righteous outrage. The suspects nerves will break to a
confession.
2. Opportunity to Lie- the suspect is given all the opportunities to lie. The suspect is
questioned about his/her personal life, family, friends and his/her knowledge about the
complainant and witnesses. Then the suspect is questioned about his/her activity prior,
during and after the commission of the crime. This is repeated many times, to include the
investigator focusing questions about the knowledge of the suspect of the crime. The suspect
will be enmeshed in contradiction, which is not capitalized by the investigator to get the truth
from the suspect, if possible, the interrogation must be taped recorded for purposes of
emphasis during the confrontation of the contradictions.
h. Mutt and Jeff or Sweet and Sour Method
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The first set of investigation must appear to be rough, mean and dangerous. When they had
finished the interrogation, the second investigator intervenes by stopping the first set of
investigators. By being sympathetic and understating, he/she begins his interrogation. If the
suspect still refuses to cooperate, then the process is repeated until there is a confession.
i. Removing the Ethnic or Cultural Barrier

If the suspect is an Ifugao (person from Ifugao Province), then preferably, an Ifugao
investigator is recommended to interrogate him, the same with other ethnic or cultural groups.
It is a Filipino’s way of life that people put trust and confidence to those who belong to their
clan or tribe. The interrogation must be in the language or dialect of the suspect to get his
confidence. This is removing the dialect/language barrier.
5. Rationalization
It is the use of reasons, which is acceptable to the subject that led to the commission of the
crime. Thus, it may be said that sometimes, killing is necessity rather than by purpose of
design. Robbery is maybe a necessity to feed a starving family. The application of this
technique depends upon the nature of crime.
7. Projection
It is the process of putting the blame to other persons, not alone to the suspect. The murderer
may blame the mastermind for corrupting him/her with big sums of money or the mastermind
blaming the greediness of the victim or the husband blaming the wife for her infidelity. Or that
it is a necessary evil as the victim is planning to kill the suspect.
8. Minimization
It is the act of minimizing the culpability of the suspect. The investigator convinces the
suspect that a confession will reduce the offense and the penalty. Thus, the investigator
could study if there is a way to downgrade murder to homicide or the introduction of
mitigating circumstances with the result of the penalty being within the range of probation.
APPARENT SIGNS OF DECEPTION
1. Excessive Sweating
The profuse sweating indicates tension, anxiety, shock or fear. Extreme nervousness is also
the cause of sweating.
2. Change of Facial Color
Anger is indicated if the face is blushing. It is also the result of extreme nervousness of
embarrassment. It is necessary as a sign of deception on guilt. A place is a reliable
indicator of guilt or deception.
3. Dry Mouth
This is a sign of great tension and is reliable symptom of deception. Swallowing, constant
movement of the Adams Apple, and sweating of the lips are indications of dryness of the
mouth.
4. Excessive Breathing
An effort to control breathing during the critical questioning is an indication of
deception. Gasping of breath is the ultimate result of the control in breathing.
5. Increase of Pulse Beat.

When observed at the side of the neck, the investigator has to discover the increase of pulse
beat which is indicative of deception.
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6. Avoidance of Direct Eye Contact

This may indicate guilt or deception. Misty or teary eyes indicate remorse or repentance.
CHAPTER 3
ARREST AND WARRANT OF ARREST
Arrest
It came from the Latin word:
Arrestare- cause to stop
Restare- stay behind
ARREST
It is the taking of a person into custody in order that he/she may be bound to answer for the
commission of an offense.
An arrest is made by an actual restraint of a person to be arrested or by his/her submission

to the custody of the person making an arrest.
TWO MODES OF ARREST
1. Arrest by virtue of Warrant;

2. Arrest without a warrant under exceptional circumstances as may be provided
by the statute.
1. Arrest Warrant
It is an order in writing issued in the name of the People of the Philippines signed by a judge
directed to a peace officer, commanding him/her to arrest the person designated and take
him into custody of the law in order that he/she may be bound to answer for the commission
of an offense.
Essential Requisites of a Valid Warrant of Arrest
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1. It must be issued upon probably caused which may be determine personally by a judge
after examination under oath or affirmation of the complainant and the witnesses she may
produce.
Probable Cause
It refers to the evidence that warrants a person of reasonable caution in the belief that
a crime was committed.
2. The warrant must particularly describe the person to be seized.
John Doe Warrant
It is a warrant containing no specific person to be arrested but only descriptions based on the
testimonies of the victims/ or the witnesses. It contains the physical description of the
accused as well as the other factors to be considered for the identification of the accused.
It is also known as Richard Doe and/or Jane Doe Warrant.
Alias Warrant
It refers to the warrant of arrest issued by a judge to the peace officer after returning the
original warrant of arrest after the lapse of the 10-day validity period.
Warrant Officer
It is any authorized member from the law enforcement agency usually from the Philippine
National Police or National Bureau of Investigation who holds a warrant for execution within
10 days from receipt subject to renewal in case of failure to execute the same.
Who may issue a Warrant of Arrest?
The general rule on who is authorized to issue warrant of arrest is the judge of any competent
court of the Philippines.
Duties of an Arresting Officer
A s provided under Section 3 of Rule 113, the arresting officer has two primary duties:
1. While arresting the accused/suspect, the arresting officer should inform the cause of
arrest and the fact that a warrant had been issued to the arrested person;
2. Any police officer making a lawful arrest should take the person arrested without
unnecessary delay and deliver him/her to the nearest police station or jail.
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In case of Warrantless Arrest, it is the inherent duty of the arresting officer to detain the
person/respondent and file the proper information within the specified time as provided under
Article 125 of the RPC, which has been amended by Executive Order No 272 on July 25,
1987.
Note:
It is not the physical delivery of the person that is required under the law. What is legally
required is filing the information against the arrested person in the proper court where the
judge has the authority to issue an order of release of confinement.
Executive Order No. 272, Amended Article 125 of the RPC (delay in the delivery of
detained person to proper judicial authorities).
It is extended the period authorized to detain a person prior to delivery to the judicial
authority. The law requires a police officer to detain a person for some legal ground and file
the appropriate information to the proper judicial authority, within the following periods and
conditions.
Time/Period Penalties
12 Hours - Light penalties and their equivalent
18 Hours - Correctional penalties and their equivalent
36 Hours - Afflictive/capital penalties and their equivalent
Execution of Warrant of Arrest
The head of office to whom the warrant of arrest was delivered for execution shall cause the
warrant to be execution within 10 days from the receipt.
Within 10 days after the expiration of the period, the officer to whom was assigned for
execution shall make a report to the judge who issued the warrant. In case of failure to
execute the warrant, he/she shall sate the reasons therefore.
Even if not served within the statutory period of 10 days, a warrant of arrest remains
valid. It remains valid unless:
1. The warrant was recalled by the issuing court;

2. The respondent was already arrested;
3. the respondent voluntarily submitted himself/herself to the jurisdiction of the
issuing court;
4. The respondent died;
Note: A warrant of arrest has NO expiry date. It remains valid until arrest is effected or
warrant is lifted.
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PRINCIPLES OF ARREST
The following are the basic rules of arrest:
1. A warrant of arrest is enforceable only within the territory of the government or state
issuing the warrant.
2. In a warrantless arrest based on the commission of a crime, the crime must have been
committed within the territory of the government or state whose agents are carrying out the
arrest.
3. In arrest based on a warrant of arrest, it is not essential that the arresting officer has the
warrant in the possession at the time he carries out the warrant.
3. The Warrantless Arrest
As a general rule, it is a requisite that warrant should be issued in the name of the person to
be arrested. Any peace officer who arrest a person without warrant may be liable under
Article 125 of the Revised Penal Code (Arbitrary Detention). The following are the situations
in which a police officer may arrest a person without warrant based on (Rule 113, Section 5,
Rules of Court).
a. When in his/her presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense.
Related Cases:
Umil v. Ramos (187 SCRA 311)
The Supreme Court held that rebellion is a continuing offense. Accordingly, a rebel may be
arrested, with or without a warrant, as he/she is deemed to be in the act of committing the
offense at any time of day or night.
Peoples vs Sucro (195 SCRA 388)
It was held that then a police officer sees the offense, although at a distance, or hear the
disturbance created thereby, and process at once to the scene thereof, he may effect and
arrest without a warrant. The offense is deemed committed in the presence or within the view
of the officer.
b. When an offense has in fact just been committed and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person to be
arrested has committed. (Doctrine of Hot Pursuit)
HOT PURSUIT
It is also known as Fresh Pursuit
It shall mean an immediate, recent chase or follow-up without material interval for the
purpose of taking into custody any person wanted by virtue of a warrant or one suspected to
have committed a recent offense while fleeing from one police jurisdiction to another,
necessitating the pursuing. Police Unit may cross jurisdictional boundaries that will normally
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require prior official personal inter-unit coordination but which the pursuing unit cannot at that
moment comply with due to the urgency of the situation.
A Team Leader of the Local Police Units operating outside their Area of
Responsibility (AOR) and National Support Unit shall coordinate personally or through an
official representative with the concerned territorial Police Office within whose jurisdiction
the operation to conduct using the prescribed Coordination Form prior to the launching of the
operation, except in cases of hot pursuit where the inter-unit coordination through the written
form cannot be made due to the nature and urgency of the situation.
In such case, the Police Unit in pursuit shall endeavor to notify the territorial unit by
any means of appropriate communication at any time during the hot pursuit and if not
possible, shall accomplish and furnish the territorial police unit a written incident report
immediately after the termination of that particular pursuit operation.
Related Cases:
Go vs Maguan
Six days after the shooting, the petitioner presented before the San Juan Police
Station verified news reports that he was being hunted. The police detained him because an
eyewitness had positively identified him as the gun who shot Maguan. The Supreme Court
held that there was no valid arrest; it cannot be considered as within the meaning of
the offense had just been committed in as much as Six days had already elapsed; neither did
the policeman have personal knowledge of facts that Go shot Maguan.
People vs Gerente
The case cites the policeman who saw the victim dead the hospital and when they inspected
the crime scene, they found the instrument of death, and the eyewitness reported the
happening and pointed Gerente as one of the killers. The warrantless arrest of Gerente only
three hours after the killing was held became valid, since the policeman had personal
knowledge of the violent death of the victim and of the facts indicting that Gerente and two
others had killed the victim.
c. When the person to be arrested in an escape. Those who escaped from any penal
establishment or place where they are serving final judgement or are temporarily
confine while their cases are pending, or has escaped while being transferred form
one confinement to another may be arrested by an peace officer or private person
without warrant.
d. When the right is validly waived.

This is when the person arrested consented to be arrest, despite no warrant showed;
the person is willing to be taken into custody.
Related Cases:
People vs Dural
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The illegality of the arrest is cured when the accused files a petition for bail. Appellant is
stopped from questioning the illegibility of the arrest when he voluntarily submitted himself
to the jurisdiction of the court by entering a plea of not guilty and by participating the trial.
e. When an accused who was released on bail attempts to depart from the Philippines
without prior permission of the court where the case is pending.
f. Violent Insanity
g. Ailment requiring compulsory confinement in a hospital.
STANDARD OPERATING PROCEDURE OF ARREST WITHOUT WARRANT
a. During the Initial Contac with the person to be arrested, these steps should be
followed:
1. Freeze or restrain the suspect

2. Make the proper introduction as to identify and authority to arrest;
3. Inform the arrested person of the circumstances of the arrest and recite to him/her the
Miranda Warning;
4. Conduct thorough search for weapons and other illegal materials;
5. As a general rule, no unnecessary force shall be use in making the arrest;
6. Confiscated evidence shall be properly documented
7. Bring the arrested person to the Police Station for further investigation and disposition;
b. In arresting without warrant, the officer must inform the person to be arrested of
his/her authority and cause of the arrest. However, these may not be exactly followed
if;
1. The person to be arrested is engaged in the commission of an offense;

2. He/she is pursued immediately after committing a crime or after escape;
3. She/she attempts to flee from the officer arresting him;
4. He/she forcibly resist before the officer has the opportunity to inform him/her
5. When giving such information will imperial the arrest;
Illegal Arrest may Taint Crucial Evidence of Guilt

Although illegal arrest will no immunize defendant against criminal prosecution, it may lead to
the inadmissibility of crucial evidence of guilt. Physical evidence obtained during the search
and seizure incident to illegal arrest, such as recovered stolen property or burglary tools, will
be considered tainted and therefore suppressed under exclusionary rule.
Procedure in Making Legal Arrest

The actual arrest is actually made by an officer stating to a person, “You are under arrest
for….”. The person arrested should be told clearly- not in police jargon or legalese- the
reason for the arrest. Officers should always be on-guard when making the arrest. As noted,
people could react violently to being arrested even if individuals appear to be meek and
incapable of violence.
Depending on circumstances, the person may first be handcuffed for the officer’s safety. The
arrested person should be searched for weapons and destructible evidence. In typical arrest
situation, an officer should;
The extent of authority of arresting officer are as follows:
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1. Can employ necessary force to carry out the arrest;
2. Can restrain the subject in order to take him/her into custody;
3. Can deliver the subject to Jail;
4. Can orally summon as menu person as he/she deems necessary to aid him during the arrest;
5. Can break into a building or enclosure where subject is or is reasonably believed to be, when
admittance is refused despite announcement of his/her authority and purpose, and she incurs
no liability for Trespass to Dwelling because the purpose is to serve the ends of justice.
6. Can break out of the building or enclosure when necessary to liberate himself/herself.
7. Can Search arrested person of weapon or anything used or constitute proof in the
commission of an offense.
The use of force in making an Arrest;

If the person being arrested offer no resistance, no force should be in making the arrest;
Guidelines for Use of Force when making an Arrest;
1. No resistance- Use no force

2. Resistance- This must be used only as much as force as necessary to overcome
resistance.
Rule 7 of Police Operational Procedure provides that a reasonable force can be used during
an armed confrontation. The police may use reasonable force to overcome the threat
posed by the suspect. However, the Officer in-Charge of the operation shall at all times
exercise control over his/her men in the area, and shall ensure that no innocent civilian is
caught in the crossfire.
3. Threat to Officer’s Life- use deadly force
Use of deadly force- The excessive use of force shall be avoided. The use of firearm is
justifiable by virtue of the Doctrine of Self-Defenses, Defense of Relative, and Defense of
Stranger, and if the police have probable cause to believe that the suspect poses and
imminent danger of death or serous physical injury to the police or other persons.
4. Threat to Officer’s Life- use deadly force
Use of deadly force- The excessive use of force shall be avoided. The use of firearm is
justifiable by virtue of the Doctrine of Self-Defenses, Defense of Relative, and Defense of
Stranger, and if the police have probable cause to believe that the suspect poses and
imminent danger of death or serous physical injury to the police or other persons.
Duties of Arresting Officer in Case of Arrest without a Warrant
1. The arresting officer shall inform the subject or suspect, in the dialect or language known
to him/her, why he/she is being arrested, and of his/her right to remain silent and to have a
counsel of his/her own choice, to be informed of his/her authority and the cause of arrest,
unless the person to be arrested is then engaged in the commission of an offense or is
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pursued immediately after its commission or after and escapes or flees or forcibly resist
before the officer has opportunity to so inform him, or when the giving of such information will
imperil the arrest.
2. The arrested person shall be delivered to the proper authorities without unnecessary delay
and within the time prescribed in Article 125 of the Revised Penal Code as amended
3. The person arrested without a warrant shall be delivered to the nearest police station or
jail, and shall be the subject of inquest proceedings.
4. If the person arrested without a warrant waives his/her right to remain silent under the
provision of the Art 125 of the Revised Penal Code and opts to give a statement and present-
evidence for his defense, the arresting officer shall ensure that the waiver made by the
person arrested shall be in writing and in the presence of his counsel of choice.
Medical Examination of Arrested Persons
Immediately after the arrest of a person ordered arrested by the court, or a suspect under
investigation, he/she should be subjected to a medical examination. Prior to his/her 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.
Prohibitions
No torture, force, violence, threat, intimidation, or any other means which violates the free will
shall be used against a suspect. Secret detention places, solitary confinement
(incommunicado) or other similar forms of detention shall be prohibited.
Record Check
The officer shall make a record check for the possibility that the arrested person is wanted
for crimes other that for which the same was arrested.
Police Blotter
Each PNP operating unit shall maintain an official police blotter where all types of operational
and undercover dispatches shall be recorded containing five “W”’s and one “H” of
information.
Exemption from Arrest
1. Senators and members of the House of Representatives while Congress is in session for
offenses punishable by not more than Six years imprisonment.
2. Ambassadors or Public Ministers of a foreign Country authorized and received as such

by the President of the Philippines, and their domestic or domestic servants duly registered
with the Department of Foreign Affairs, provided that the foreign country concerned give
similar protection on duly accredited diplomatic or consular representatives of the Philippines.
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3. Those covered by a safety and immunity guarantee of the President of the Philippines
4. Rebels issued with safe conduct pass the by National Amnesty Commission for crimes/act
committed in pursuit of rebellion
5. Those, who during and in connection with any election allegedly committed and offense by
act or language tending to support or oppose any candidate, political party or coalition.
Common Problems in Arrest
Usually, the problem in arrest is not in the capability to effect the arrest, but rather in the task
of locating the subject. When the expected resistance is considerable, a police officers
(arresting officer) may always seek to help of his/her colleagues. However, the following
factors may help the arresting officer locate the subject;
1. Complaint
2. Record Check
3. His office or previous places of employment
4. The neighborhood
5. Subjects hangouts.
The following are the possible areas where arrest may be executed:
1. At the subjects’ residence, as he/she steps out of the door of his/her house.
2. At his/her office during an entrapment
3. As he/she is returning to his/her residence late at night.
4. While in the car on a street corner (arrest by interception)
5. At a parking area, after alighting from the car
6. At a hotel room where he/she thought he /she was safe
7. At a restaurant or any business establishment
8. At the NBI compound while applying for clearance
Limitations of Arrest Warrant
The following prohibitions to effect arrest during the following:
1. Night Time
2. Holidays
3. Weekends, unless it is a citizen’s arrest, or an arrest resulting from surveillance or
entrapment, or for crimes against national security, or for notorious and dangerous criminals
with outstanding warrant of arrest, or for escapist and fugitives.
How an arrest is usually carried out?
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Arrest is usually carried out in any of the following situations:
1. For subjects who are meek and non-violent, the situation may allow the arresting
officer to inform them of his/authority and the existence of a warrant of arrest. For
subjects who are elusive or violent, it is better to take them by surprise.
2. When the operation partakes of the nature of a raid, informing or coordinating with local
police authorities is advisable.
3. When an elusive subject is reported to be in house or building, somebody must case the
area first.
4. When intercepting an armed and violent subject who is inside a motor vehicle, it may be
dangerous to approached him openly to force an arrest. The wise thing to do is to seek cover
and order him/her out of the vehicle with arms raised.
5. In case of entrapment where the culprits are also armed and dangerous, the backup force
supporting the arresting officers must be situated at a distance that allows immediate
response.
6. In an arrest inside a building, the arresting officer must not accede to the subjects
request to go alone to the room and dress up.
7. When the method of arrest is not simple but consist of coordinated actions, there must
be a briefing clearly understood by everybody. Time in watches must be synchronized.
8. Sometimes, disguises are effective in gaining entry into a building to carry out arrest. For
example, arresting officers may pose as PLDT repairmen or MERALCO lineman.
9. Do not underestimate the subject. Frisk him/her
10. Do not hesitate to use handcuffs when the arresting officer feels insecure.
11. Arresting techniques come along-holds facilities and add finesse to the arrest of
unwilling subjects
12. When arresting a woman, it is advisable for the arresting officer to take along a lady
personnel of the agency or lady employee to avoid being misunderstood.
13. When escorting the subject in a vehicle soon after an arrest, the arresting officer must
pay close attention to the seating arrangement to prevent the subject from suddenly jumping
off the vehicle, grabbing a weapon, or attacking the officer.
Legal Proceeding used to challenge arrest and detention
The legal remedy for defense counsels is to petition for writ of habeas corpus to contest the
legality of detention
Malpractices of Arresting Officer
If you are a police officer executing an arrest, the following are possible misconduct
you will commit.
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1. To take your subject to a secret detention place, and them to deny having arrested
him/her.
2. To make your subject sign waiver of detention, through intimidation or deceit, and then to
get a comrade lawyer to sign as counsel for your subject.
3. To frame up your subject to show a crime supposedly exist for which he was arrested.
4. to deny visitation by legal counsel by imposing a news blackout on subjects’ presence and
detention at police headquarters.
5. Post Date the time of arrest to show shorter period of detention.
6. To delay proceedings upon a petition for habeas corpus. For example, a writ server may
be given the run around from one office to another.
7. To make it appear that subject was already release when the fact the was already
liquidated.
What is to be done after an arrest
After arresting a violator, the subject must be:
1. Photographed
2. Fingerprinted
3. Medically examine and booked
4. Record Check
5. Interview/ Interrogated, when there is a pending investigation involving subject but:
1. It must be in the presence of defense counsel,
2. The subject must be informed of his/her constitutional rights.
6. Prepare joint affidavit surrounding the arrest. If arrest was made on the occasion of an
entrapment that is expected to led to an inquest.
7. Line-up or reenactment to be recorded in pictures. In a line up, a witness identifies

subject among a line of persons. The line-up must be fair, and not suggestive or leading the
reenactment is done when subject admits his participations in the crime.
8. Inquest or file charges the regular ways, as the case may be.
9. Return warrant of arrest, indicating that it was duly served to the issuing court.
10. Prepare formal report on the case.
11. Minors below 16 years of age, arrested for prostitution or other illicit conduct, shall be
delivered within 24 hours to the Department of Social Welfare and Development (DSWD) or
its duly authorized office or agency in the place for protective custody.
12. Arrest and detention of foreign nationals shall be communicated to the Department of
Foreign Affairs for information to the respective embassies.
13. Minors below 18 years old shall be referred to as Medico-Legal Officer for physical and
mental examination.
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Rights of Person under Arrest
The following are the rights of a person under arrest:
1. To be informed of the cause of arrest, and shown a copy of the warrant, if any, as soon
as possible.
2. Not to be subjected to violence or unnecessary force during the arrest;
3. To be visited by an to confer with his/her attorney, privately, at any hour of the day or night
4. To be visited by and confer with his/her relative subject to reasonable regulations
5. In general, to bail himself/herself out as a matter of right;
Detention of Arrested Person
Any person arrested could be detained through the following guidelines:
1. If he was arrested by virtue of a warrant of arrest, he shall be detained until:
a. he posts bail duly approved by a competent court which then orders his release, or
b. the court issuing the warrant revokes or lift said warrant of arrest for other reasons. (But
the detainee has to be released upon his/her acquittal or of the case even without a bail of
lifting order).
2. If he was arrested without a warrant for the commission of a crime, he can be

detained for:
1. 12 hours if the Crime is punishable by:

Arresto Menor: 1 day to 30 days,
Public Censure
Fine below to PHP 200.
2. 18 hours if the crime is punishable by:

Prision Correcional: 6 months and 1 day to 6 years
3. 36 hours if the crime is punishable by:

Reclusion Perpetua (Literally life Imprisonment but pardon is
provided by law after 30 years of service.
Reclusion Temporal: 12 years 1 day to 20 years

Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor: 6 years and 1 day to 12 years.
Fine: exceeding PHP 6,000.
3. If he was arrested as an escape from a place where he/she is temporarily confined

while his/her case is pending, he/she shall confine until he/she post the required bail.
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4. If he was arrested attempting to leave the Philippines while on bail, he shall be

confined subject to the order of the court where the case is pending. The court may raise bail
or imposed more stringent conditions for subject’s freedom.
5. If he was arrested after escaping from a place where he/she is serving final
judgement, he /she shall be reconfined to serve his/her remaining sentence without
prejudice to his /her liability for the crime of Evasion of Service of Sentence.
6. If he was detained for violent insanity or for ailment requiring compulsory

confinement in a hospital, appears that hospital authorities have a say on his/her release,
the same to depend on whether she/she is no longer a threat to society or his/her ailment is
sufficiently threatened.
Drawbacks of being an Arresting Officer

1. Arresting without legal grounds
2. Carrying out justified arrest without warrant but detained the subject beyond 12/18/36
hours without an inquest or without a valid waiver of detention.
3. Delaying any proceedings upon a petition for the liberation of such detainee.
4. Pocketing arrested person’s money or other valuables
5. Investigating or taking the sworn statement of any person arrested, detained or under
custodial investigation without informing him/her right to remain silent. And to have competent
and independent counsel, preferably of his/her own choice, or without providing him/her such
counsel free of charge if he/she cannot afford one.
6. Obstructing, preventing or prohibiting any lawyer, any member of the immediate family
of a person arrested, detained or under custodial investigation or any medical doctor or priest
or religious minister chosen by the subject or any member of his/her immediate family or
counsel, from visiting and conferring privately with him/her of from examining and treating
him/her from ministering to the spiritual needs at any hour of the day or urgent cases of
the night.
7. Refraining from arresting an offender in a crime punishable by life imprisonment and/or

death, in consideration of any offer, promise, gift or present.
CHAPTER 4
SEARCH AND SEIZURE
SEARCH
Search
Anglo Norman word - searcher
French word - cerchier means to explore
Latin word - circare means to around in circles
(In Criminal Investigation)

It is the act of examining persons, documents, papers and effects.
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Search Warrant
It is an order in writing issued in the name of the People of the Philippines, signed by the
judge and directed to a peace officer commanding him/her to search for personal property
and bring it before the court.
Rationale
What is to be guarded is a man’s prerogative to choose who is allowed to entry to his/her

residence. In that haven of refuge, hi/her individuality can assert himself/herself not only int
the choice of who shall be welcome but likewise in the kind of objects he/she wants around
him/her. There, the State, however powerful does not as such have access except under the
circumstances above noted for in the traditional formulation, his house, however humble is
the castle.
Chief Justice Bengson, once said:
“at the closed door of the home, be it a palace or hovel, even bloodhounds must wait til the
law, aby authoritative process, bids it open”.
When is search warrant secured?
1. Any court within whose territorial jurisdiction a crime was committed
2. For compelling reasons stated in the application, any court within the judicial region where
the crime was committed if the place of the commission of the crime is known, or any court
within the judicial region where the warrant shall be enforced.
What are the requisite before a Search Warrant is issued?

A search warrant shall not be issued, except;
1. Probable cause exists in connection with one specific offense;
2. Presence of probable cause is determined personally by the judge after an examination;
3. The judge must have personally examined, in the form of searching questions and
answers, the applicant and his witness and taken down their written depositions.
4. The search warrant must particularly describe or identify the property to be seized as far as
the circumstances will ordinarily allow.
5. The warrant issued must particularly describe the place to be searched and the person so
to be seized.
6. It warrants shall be issued only for one specific purpose
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7. It must be having been issued more than 10 days prior to the Search made pursuant
thereto based from Sec. 4, Rule 126, Rules of Court.
What are the Personal Properties to be Seized?
No search of a house, room or any other premise shall be made except in the presence of
any of the following:
1. The legal occupant thereof;

2. Any member of this/her family;
3. In the absence of the latter, two witnesses of sufficient age and discretion residing in the
same locality.
What are the Personal Properties to be Seized?
The following are the object of search to be seized:
1. Subject of the offense;

2. Stolen or embezzled and other process, or fruits of the offense;
3, Used or intended to be used as the means of committing an offense;
What will the Officer do after Seizure has been completed?
1. The officer must forthwith deliver the property seized to the judge who issued the warrant,
together with a true inventory thereof duly verified under oath.
2. 10 days after the issuance of the search warrant, the issuing judge shall ascertain if the
return has been made and if none, shall summon the person to whom the warrant was issued
and require him/her to explain why no return was made. If the return has been made, the
judge shall ascertain whether it has been complied with and shall require that the property
seized be delivered to him.
The return of the search warrant shall be filed and kept the custodian of the logbook on
search warrants who shall enter therein the data of the return, the result and other actions of
the judge. A violation of this section shall constitute contempt of court.
Seizure of Articles found in Possession of a Person Arrested
If one is legally arrested for an offense, whatever is found in his possess or in his/her control
may be seized and used in evidence against the subject. But articles found in his/her
possession which have nothing to do with the crime imputed against him/her must be return
to him/her must be returned to him/her, otherwise, the law enforcer responsible thereto shall
be liable for theft or robbery as the case maybe.
WARRANTLESS SEARCHES
1. Search Incidental to a Lawful Arrest
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This is legally accepted provided that the search is contemporaneous to the arrest and within
the permissible area. A person lawfully arrested may be searched for dangerous weapons or
anything, which may be used as proof of the commission of an offense, without search
warrant.
The warrantless search and seizure, as an incident to a lawful arrest, may extend beyond the
person of the one arrested to include the premises or surrounding under his/her immediate
control.
Related Case:
Posadas v. Court of Appeals
The SC upheld validity of a search made by police officers on who, confronted by the police
was “acting suspiciously” and ran away.
However, the arrest and consequent search of the accused, simply because he was acting
suspicious was held invalid.
2. Search in violation of Tariff and Customs Law
The search involves illegal entry of smuggled goods in our country that may affect the local
businesses especially the small-time businessmen. The search is usually conducted by the
officers and agents of the Bureau of Customs.
3. Plain View Doctrine Search
Under the plain view doctrine, police officers can seize articles or object which inadvertently
comes to the view without exerting any efforts and which object is incriminatory to the
accused. Based from decision of trial court, the doctrine include the five senses of an
individual to detection violation of law.
The doctrine requires that a police officer in order to validate the confiscation of an object in
plain view must have a right to be in that place and whatever objects become obvious or
apparent without obstruction or impairment may be subject to seizure.
In the case of Harris vs U.S, it said that any object falling in the plain view is subject to
seizure and maybe introduced as evidence and contraband found in plain view during a
lawful observation. For the Plain View Doctrine to apply for discoveries, the three-prong
Horton Test requires that
a. The officer to be lawfully present at the place where the evidence can be plainly viewed
b. The officer to have a lawful right of access to the object and
c. The incrimination character of the object to be “immediately apparent”.
4. Search for Moving Vehicle
The search of moving vehicles is popularly called as “check points”. This instances if
warrantless search cannot be done anytime. The checkpoints must be done during abnormal
times when the public welfare is at stake. Thus, every vehicle that passes the certain
checkpoint can be searched without a search warrant.
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5. Inspection of Building for Fire and Sanitary Regulations
Inspectors of a certain building for the purpose of maintaining sanitation, fire and building
regulations are required to enter every building as well as every room necessary to be
inspected without arming themselves with a search warrant.
6. Consented Search
If the person submitted himself/herself voluntarily to a search. It is valid because he

consented to the search. The consent however, should not have been secured through
intimidation of threat. Thus, the Supreme court held that in cases of:
Related Case:
a. People vs Omaweng
The accused while driving a vehicle, was stopped at a checkpoint, and when the vehicle was
inspected, the soldiers asked permission to see the contents of a bag which was partially
covered by a spare tire. The accused consented, and upon inspection, the bag was found
containing marijuana. The SC ruled that there was valid waiver.
b. People vs Ramos
The Supreme Court said that the evidence for the prosecution clearly disclosed that Ramos
voluntarily allowed himself to be frisked, and that he gave the gun to the police voluntarily;
thus, there was a valid waiver.
c. People vs. Barros

The silence of the accused during the warrantless search was not construed as consent.
7. Frisk Search
Terry vs Ohio- established that officers can conduct a pat down of an individual they stopped
if they believe the person is armed and dangerous. This is a protective search for weapons
only.
Exclusionary Rule
Weeks vs. U.S
It established a rule that Federal Courts may not accept evidence obtained by unreasonable
search and seizure regardless of the relevance of these to the case.
Mapp vs. Ohio
The Supreme Court decide that this will be applicable to all courts. This applies not only to
illegally seized evidence but also to evidence obtained or developed from it, called as “fruit of
poisonous tree”. This means that evidence obtained in the process of illegal warrantless
search is not admissible as evidence in court.
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INEVITABLE-DISCOVERY DOCTRINE
Inevitable Discovery Doctrine sates that evidence obtained illegally may be admissible in a
criminal trial if the prosecutor proves by the preponderance of the evidence that the
challenged evidence ultimately or inevitably would have been discovered by lawful means.
GOOD-FAITH DOCTRINE
In general, evidence obtained by a police officer in reasonable reliance on a search warrant

that is subsequently found invalid may be admissible. It is necessary that a reasonably well-
trained officer would have believed that the warrant was valid. This has come to be known as
the “Good Faith” or Leon exception to the exclusionary rule. Many states, however, have
rejected this exception.
Types of Search after Arresting a Suspect:
1. Wall Search
The initial purpose of this search is to put
the suspect in an “off balanced position”. This is
the safest type of search; it doesn’t not necessarily
require a wall.
Any object that can support the weight

of the suspect such as car can be used.
2. Standing Search
This is done by instructing the subject to raise his hand above or behind his/her head with
feet spread apart as far as possible. In some situations, this is not recommended because
some suspects could still maintain their balance.
3. Kneeling Search
This requires the suspect to kneel on the
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ground with hands raised over or behind

his/her head. Note that some suspects could
still make counter actions against the arresting
officer even if they are assuming this position.
4. Prone Search
The suspect in this search lies on his
stomach with arms and legs outstretched.
One disadvantages of this search is that the
suspect’s frontal area cannot be search properly.
This type of search can be dangerous if

the subject h as knowledge in judo, aikido and
other similar forms of defense tactics.
Using of Handcuff
Handcuff are the best method of restraint if it is applied properly, it is good preventive
measure but if improperly applied it could be dangerous.
RAID OPERATION
It is a surprise invasion of a building or area. It is a small-scale attack of a limited territory.
A raid must be legal, having its basis in lawful process and conducted in a legal manner
through, search warrant or warrant of arrest. Raid may be in pursuit of a person reasonably
believe to be guilty of a felony when it is known that the felony has just been committed.
Purpose of Raid
1. To effect apprehension
2. To obtain evidence of illegal activity by surprising the offender in flagrante delicto
3. To recover stolen property
Effectiveness of a Raid
1. Size of raiding party
2. Surprises
3. Speed
4. Superiority of arms
5. Simplicity of plan and operation
Qualification of Raid Team

1. Has Leadership Ability
2. Good Judgement
3. Tactfulness
4. Coolness and Stability
5. Experience
6. Discipline
7. Steady Nerves and Mental Stability
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Composition of Raid Team

1. Raid Commander
2, Assistant Raid Commander
3. Covering or Surrounding party
4. Going in detail or entering party
5. In charge of raiding vehicle
6. In charge of rendering inoperative to the subject vehicle
7. Recorder who should keep log of the raid, gather evidence, make inventories and
testify in court.
8. Photographer
Duties of Covering or Surrounding Party

1. Covers the approach of going-in detail or entering party
2. Prevents the escape of criminals
3. Covers the entire area of the building
4. Neutralizes fire of barricaded criminals
Duties of Going-in Detail or Entering Party

1. Calls for the surrender of Criminals
2. Effects arrest of criminals
3. Incapacitates and dislodge criminals
4. Search for pieces of evidence
Planning the Raid

The success of a raid depends upon intelligent planning and competent implementation. To
achieve the necessary elements of surprise, the operation must be performed surreptitiously
with speed.
The following are factors to be considered in planning a raid:
1. The terrain in the building should be subjected to close study

2. In order to obtain the necessary data for planning, a reconnaissance/surveillance of the
place should be conducted.
3. The participants should be informed of the nature of the mission.
4. The specific assignment and position of each member of the raiding party, the tactics to be
employed, the equipment and transportation to be used, the evaluation of possible
danger points, and optimum time to be selected should be stressed.
5. Numbers of individuals to be apprehended. Are they armed? With what? If uncertain,
assume they are armed.
6. Are photographs and description of subjects available to the shown during the briefing?
7. Determine the physical structure of the place where the criminals are located
8. Determine all possible escape routes
9. Need to directly photograph the place and immediate arrest
10. Type of neighborhood there the hideout is located
11. Volume and kind of activities in the neighborhoods at various time to determine the most
desirable time to conduct the raid.
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12. Street plans of neighborhood for possible road blocks

13. Do the men have confidence in the ability of the raid leader?
14. What is your move-out plan?
15. What are the instructions concerning the use of firearms?
16. What the instructions concerning the possible handling of traffic?
17. What are the instructions concerning communications, signals, etc.?
18. How do you identify each other? Arm bands, password, insignia, etc.?
19. Make sure your plans avoid cross fires
20. Do you have all the equipment you may need, such as flashlights, searchlights,
vehicles, transceivers, loudspeakers, (public address system) firearms, tear gas, etc.?
21. Ask each participant to repeat his duties to the raid leader.
Raid Operation
Coordination of individual efforts is an essential element in the success of the raid. The
raiding party should act as a team. The members of the teams must thoroughly understand
the objectives, the plan and the orders.
Each man should hold his/her assigned position until his/her orders are changed by the team
leader. Before leaving the headquarters to proceed to the target, the team leader must
conduct final briefing to his/her entire personnel.
Coordination with the Local Station Commander

It is imperative that immediately before the service of a search warrant the team leader
should see to it that proper coordination is made with the station commander having
jurisdiction over the target premises. The coordinating party is bound merely to relay that their
team is conducting an operation in their area. This gesture of coordination is not only a
manifestation of courtesy but also a safety measure to avoid the possibility of a mistake
encounter.
Coordination with the Local Station Commander

It is imperative that immediately before the service of a search warrant the team leader
should see to it that proper coordination is made with the station commander having
jurisdiction over the target premises. The coordinating party is bound merely to relay that their
team is conducting an operation in their area. This gesture of coordination is not only a
manifestation of courtesy but also a safety measure to avoid the possibility of a mistake
encounter.
.
How is seizure conducted in a raid operation?
Seizure during the raid operation shall be performed through the following guidelines:
1. The following will be seized at the scene of the raid

1. Weapons maybe used against the raiding party
2. Articles which might be used as a means of suicide
3. Articles which might be used in escaping
4. Articles which may be used in the commission of the crime
5. Proceeds or fruits of the crime.
2. Disposition of money and other valuable property;

1. Money should be counted and the serial number of bills should be noted
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2. Valuables should be sealed in a property envelop in the presence of the

arrested person/owner.
3. Property envelope sold show a complete inventory for the firearms.
4. The arrested person/owner should sing their names.
5. Raiding officer should sign their name on the outer part of the envelope
6. A receipt should be given to the arrested person/owner. However, this is qualified by
the decision of the Supreme Court declaring as inadmissible in evidence the
receipt for property seized, signed by the accused, in any case where mere
possession of the items seized is punishable.
3. Disposition of articles not covered in search warrant;

1. If the articles are illicit or contraband, the same must be seized
2. Such articles maybe used as evidence to prosecute the person;
3. non-contraband articles must be returned to the owners or must not be seized in the
first place.
Legality of a Shoot-to-Kill Order
It is believed that as part of effecting arrest and search or enforcing the law we need to be
guided by legal established rules. Given below are situational questions and explanatory
notes about “shoot to kill order”.
Situational Questions:
Question 1:
Would it be legal for the President of the Republic of the Philippines, or the Secretary of
Justice, or the Secretary of the Interior and Local Government, or any other superior public
officers to declare or issue a “shoot to kill order” against suspected criminal offenders or
accused persons who are at large and charged of heinous crimes, or against notorious
criminals, or fugitives of justice who are known to be heavily armed and dangerous?
Answer:
No. A “Shoot to kill order” is not only a palpable, flagrant, deliberate and intentional violation
of the constitutional and procedural due process and violation of human rights, but more
importantly, is inherently illegal per se. there is no existing law or jurisprudential authority in
the Philippines that legally allow such kind of order.
Question 2:
Why is a shoot to kill order inherently illegal per se?
Answer:
A shoot to kill order is not synonymous to a cautionary warning to law enforcers to be extra-
careful in pursuing the wanted criminals for being armed and dangerous.
It is a basic rule of law that in case of imminent danger to life to limb, the law enforcers are
legally bound, in the lawful performance of duty, to use reasonable force to prevent and
repel it. Obviously, a shoot to kill order is an implied insinuation for law enforcers to disregard
the rule of law and the rule of engagement if only to accomplish the ultimate purpose of
subduing the illegal activities of criminal elements. No matter how noble and patriotic the
purpose may be, the means does not justify the end.
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CHAPTER 5
CRIMINAL EVIDENCE
Evidence
It is the means, sanctioned by these rules of ascertaining in a judicial proceeding the truth
respecting a matter of fact.
It also refers to any material which tends to persuade the court of the truth or probability of
some facts asserted before it.
It is the means by which any alleged matter of fact, the truth of which is submitted to
investigation, is established or disproved.
TYPES OF EVIDENCE IN CRIMINAL INVESTIGATION
1. Physical Evidence
-also known as Object, Autoptic, or Real Evidence
These are Physical objects used as evidence which are obtained through searches at the
scene of the crime. Articles and materials found in connection with investigation, which aid in
establishing the identity of the perpetrator are known as physical evidence.
Legally, Object Evidence refers to the evidence made known or addressed to the sense of
the court. It is not limited to that which is known through the sense of vision but is extended to
what he senses of hearing, tastes, smell and touched.
TYPES OF PHYSICAL EVIDENCE
1. Corpus Delicti Evidence

This refers to objects or substances which may be part of the body of the crime.
The body of the victim, prohibited drugs recovered. The body of the victim, prohibited drugs
recovered from a person, dagger with blood stains or fingerprints of the suspect, stolen motor
vehicle identified by planter numbers and by body or engine serial number are examples of
corpus delicti evidence.
2. Associative Evidence
These are pieces of physical evidence which link a person to a crime.
The offender may leave clues at the scene such as weapon, tools, garments,
fingerprint or foot impression. Broken headlights glass found at the crime scene in “hit in run
homicide” may be associated with the car found in the repair shop. Wearing apparel of
the offender and other articles of value may be recovered where the crime of rape was
committed.
c. Tracing Evidence
These refers to evidence that may assist the investigator in locating the suspect. Aircraft of
ship manifest, physician’s clinic record shoring medical treatment of suspect for injuries
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sustained in a encounter; blood stains recovered from the area traverse by the wounded
suspect inter direction of the movement are examples of tracing evidence.
4. Testimonial Evidence
This is the product of interview and interrogation from which witness smell, hear, taste and
touch are being described through oral and written testimony. Testimonial evidence also
includes the testimony of a physician who may be commanded to appear before a court as
an ordinary witness and or/ as an expert witness.
a. Ordinary Witness.
Any person who perceived the commission of a crime and testified before the court is just
considered as an ordinary witness. Also, a physician who testified in count on matters he/she
perceived from his/her patient in the course of physician-patient relationship is considered as
an ordinary witness.
A witness can testify only to those facts which he/she knows of his/her own knowledge; that
is which are derived from his/her own perception; except as otherwise provided on this rule.
b. Expert Witness.
A person is deemed as an expert witness if his/her testimony concerning the investigation of

crime is based on his/her training and experience.
For examples. A physician who confirmed before the court the cause of death of the victim is
considered as an expert witness.
1. Documentary Evidence
It refers to the writings, including official records, or contents could speak for themselves
when ready by the investigators and the court. They may be collected through voluntary
relinquishment or by a Subpoena Duces Tecum (Court Order) which compels the party to
bring the records of the court.
The following are the examples of documentary evidence:
1. Medical Certification or Report:

1. Medical Examination
2. Physical Examination
3. Necropsy (Autopsy)
4. Laboratory
5. Exhumation
6. Birth
7. Death
2. Medical Expert Opinion
3. Deposition
A Deposition is a written record of evidence given orally and transcribed in writing in the form
of questions by the investigator and the answer or the deponent and signed by the latter.
LEGAL CLASSIFICATION OF EVIDENCE
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a. Depending on its ability to establish the fact in dispute, evidence maybe:
1. Direct Evidence
This proves the fact in dispute without the aid of any interference or presumption. The
evidence presented corresponds to the precise or actual point at issue.
2. Circumstantial Evidence
The proof of fact or facts from which, taken either singly or collectively, the existence of a
particular fact in dispute may be inferred as a necessary or probable consequence. However,
the following requisites must be present before a circumstantial evidence will become
sufficient for conviction.
a. There is more than one circumstance

b. The facts from which the inferences are derived and proven
c. The combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt.
b. Depending on the degree of its value in establishing disputed fact, evidence may
be:
1. Prima Facie Evidence

This evidence suffices for the proof of a particular fact until contradicted by other evidence.
2. Conclusive Evidence
This evidence is incontrovertible to one which the law does not allow to be contradicted. It is
the insurmountable evidence.
3. Corroborative Evidence
This evidence is of different kind and character as that already given and tends to prove the
same proposition.
4. Cumulative Evidence
This evidence is of the same kind and character as that already given and tends to prove the
same proposition.
c. Depending on it weight and acceptability, evidence may be:
a. Primary or Best Evidence

This evidence affords the greatest certainty of the fact in question.
b. Secondary or Substitutionary Evidence

This evidence is inferior to primary evidence and admissible only in the absence of the latter.
d. Depending on its nature, evidence may:

a. Object Evidence
This is evidence is addressed to the senses of the court and is capable of being exhibited to
be examine or viewed by the court. In the case of People of the Philippinesvs. Pabillo, it was
decided by the court that physical evidence speaks more eloquently than a hundred
witnesses.
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b. Documentary Evidence
This refers to an evidence supplied by written instruments or derived from conventional
symbols and letters by which ideas are presented for material substances.
c. Testimonial Evidence
This evidence is either verbal or oral. It is an evidence which consists of the narration or
deposition by one who observed or has personal knowledge of that to which he/she is
testifying.
d. Positive Evidence
This evidence exists if the witness affirms that a fact did or did not occur. It is entitled to
greater weight since the witness represents his/her personal knowledge about the presence
or absence of a fact.
e. Negative Evidence
This evidence exists if the witness states the he/she did not see or know of the occurrence of
a fact and there is total disclaimer of personal knowledge.
e. Depending on its quality, evidence may be:

1. Relevant Evidence
Evidence is relevant if it has relation to the fact in issue as to induce belief in its existence or
non-existence.
2. Material Evidence
This evidence tends to prove the fact in issue, and is determined by the rules of substantive
law or the rules of court.
3. Admissible Evidence
Evidence is admissible if it is relevant to the issue and is not excluded by the Rules of Court.
4. Credible Evidence
Evidence is credible if it is not only admissible evidence but also believable and used by the
court in deciding cases.
COLLECTING OF PHYSICAL EVIDENCE
All items that were found in the crime scene should be collected. The collecting officer should
not decide whether a certain item is relevant or irrelevant. Small pieces of evidence is also
must have to be given importance, thus collecting them is necessary;
1. Blood
This becomes important evidence in homicide assault, robberies or other cases where it
may be spilled. Blood may be categorized into major groups of A, B, AB and O depending
on the condition of the stain on receipt.
2. Hair
This may be found anywhere in the crime scene. It is often found on the clothing of the victim
and suspect who has come into physical contact with each other. It can very important
evidence especially in rape cases. In most cases, there are rarely enough samples present
for positive identification of an individual. However, if can be determined if the hair is of
animal or human, whether the hair is dyed or bleached. If the hair if form the head or body as
well as the racial origin of the hair.
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3. Fingernail Scraping
In cases where physical contact had been made, fingernail scraping should be obtained.
Rape cases or assault cases are good examples of cases where fingernail scrapings may be
important. Items sometimes found under fingernails include fibers, hair, and skin which may
be typed for its blood group.
4. Fiber
This is an excellent tracing evidence when clothing cross contamination takes places. This is
also important evidence in robbery and hit and run cases. Fiber may be found on clothing
snagged on projections, and even imbedded with vehicle paint. Examination of fiber
determines whether it is natural or a synthetic material, and the color and dye used. It may be
physically matched if the fragment was torn from clothing. Threads may be examined to
determine twist, number of strands and cloth weave.
5. Firearm
The firearm, bullet, shotgun shell, shotgun pellets and wad, explosive reside and gun powder
pattern can provide vital evidence and specific answer to possible question in the case.
6. Bullet
This can provide information about the make and type of ammunition and weapon from which
the bullet was fired, and whether or not it was fired from specific weapon, provided the
weapon is available for test purpose.
8. Cartridge Case
This can also provide vital information as to the type of weapon used, the type of ammunition,
and whether or not the case was fired in a specific weapon if weapon is available for fire
testing.
MARKING OF PHYSICAL EVIDENCE
As evidence as collected, it is individually marked with the initials of the investigator. The
marking tools depends upon the nature of the evidence. If it is hard object such as metals,
the initial are scratched or engraved by the use of sharp-pointed steel called stylus.
Methods of Marking Specific Evidence
1. Revolvers
Must be marked separately on the barrel, frame, butt, cylinder, and stock. Tape should also
be put around the bore and the frame of the gun with signature of the investigator.
2. Pistols
Must be marked on the barrel, frame, butt, magazine and stock. Tape must also be put
around the gun with signature to avoid changing the parts of the gun that may affect the
result of the laboratory examination.
3. Rifles
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Should be marked on the barrel, frame, magazine bolt or slide. All magazines and
accessories shall also be marked.
4. Fired Empty Shells, Misfired Cartridges
Strict regulations say that they must be marked inside the mouth of fired empty shells. It is
nearly impossible to marked them inside the mouth especially .22 caliber shells, but they
could be marked on side of the body of the shells, not on the base. It should be admitted that
there is really the big difference of what is being practiced in reality and theoretically written
in books. The lesson is, for as long as the evidence can be properly marked and kept as
evidence.
5. Bullets/Slugs/Balls/Pellets
This can be marked on the ogive or nose as well as on the base. The initial name of
the investigator and/or date should be marked on those parts so that the rifling marks
found in the bullet or slug will not be disturbed because they are very important in ballistic
examination.
TAGGING EVIDENCE
When evidence which by their nature could not be marked on each surface such as blood,
hairs, or fibers, they are placed in the plastic container then marked. This practice is called
tagging the physical evidence with the use of a card where the initials of the investigators
date and time of collection, specific case and other information can be written.
PRESERVING PHYSICAL EVIDENCE
Perishable evidence should be preserved along the way or the preservation is in order to
reach the court in the same physical condition as when they are collected from the crime
scene.
OTHER POTENTIAL PIECES OF EVIDENCE
1. Soil
This consist of organic natural materials such as rocks, minerals and decomposing plant, and
may also contain man-made materials such as bricks, concrete, glass or paint. The densities
of soil samples are analyzed via chemicals that separate the particles is similar, it indicates a
match, this common scientific technique of analyzing soil is called the density gradient tube.
2. Paint
Paint is a pigmented polymer that is applied and adheres to various surfaces. It is possible to
examine microscopically the color and shape of paint strips or other samples, as well as to
determine through the use of gas chromatography.
3. Tool Mark
Tool Mark is any mark that is created when an instrument has contact with another surface.
The mark left by the tool may indicate the type of tool, the size of tool and even the skill of the
perpetrator.
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1. Shoe Prints, Impressions and Tire Tracks
The shoe prints are created when material from the bottom of shoes is transferred to another
surface, leaving an outline of the bottom of the shoe. Shoe impressions and tire tracks are
often left in soft material, such as mud, snow and reveal the outline of the shoe or tire.
2. Videotape Evidence
This is potentially extremely powerful form of evidence. If a crime is captured on video, there
may be a little doubt who committed the crime.
3. Dental Evidence
The two primary forms of dental evidence is dental identification and bite marks. In both
instances, the fact that individual has a unique set of teeth in terms of form, arrangement,
dental work and bite, makes dental evidence powerful form of criminal evidence. The physical
characteristics of bite marks and dental identification consist of the distance between teeth,
the shape and moth/bite, teeth alignment, teeth shape, missing teeth, and wear patterns of
teeth.
4. Fingerprints
These consist of ridges, depression and separations. These remain unchanged and
consistent throughout lifetime; each fingerprint is unique and fingerprint cannot be forged.
The three distinct types of fingerprints found in the crime scene:
a. Plastic Fingerprints
Are type of fingerprints formed if the fingers come in contact with a soft material such as
soap, wet putty, wet cement, wet paint, dust or melted wax, a ridge impression may left
sufficient for performing a comparison.
These impressions have distinct three-dimensional appearances and do not require further
processing. They are documented using oblique photography.
b. Patent Fingerprints
Are easily identifiable as fingerprints by the unassisted eye. Fingers that have been in contact
with a colored material such as toner, ink, blood, paint oil or chocolate leave visible prints.
Once the material has soiled the fingers, the material may be transferred to a surface with
which the ridges come into contact. This print requires no processing to be recognizable as
fingerprint and often suitable for comparison.
c. Latent Prints
The most common type which requires additional processing to be rendered visible and
suitable for comparison. Body perspiration and oils might leave invisible residues on the
surfaces that, if visualized, would constitute a usable impression of the friction ridges.
Processing of the latent prints is accomplished through development, enhancement, or
visualization appropriate for the type of surface upon which the prints repose.
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5. Computer and other Electronic Evidence
Computers, cellular phones and personal digital assistants may provide a wealth of
information regarding communications, schedules and criminal behaviors and therefore are
potentially valuable source of evidence in criminal investigations. Examination of electronic
hardware is quite technical in nature and if not properly perform can result in loss of
evidence.
However, evidence passes through several persons for several purposes. The principle of
chain of custody must be observed.
Chain of Custody- it refers to the number of persons who handled and possessed the
pieces of evidence the moment that they were collected, marked and tagged up to the time of
the final disposition of the case.
Rule on the Chain of Custody of Evidence
Chain of Custody is paramount importance to any investigation. It is the unbroken sequence

of events that is caused by an item of evidence from the time it is found at the crime scene to
the time it appears in court. Every link in this chain is documented, from discovery at the
crime scene, through evidence gathering, storage lab analysis, return to storage and transfer
to court.
Every link is documented by date, time handling individual, what was done with the evidence
by that individual. If the chain of custody is broken, and if the evidence cannot be accounted
in one step of its journey from crime scene to court room, it is rendered inadmissible; useless
to the case.
Traditional Methods of Preserving Evidence and Crime Scene

The following are the various means of preserving evidence:
1. Photographs, Audio and/or Video Tape, Micro-film, Photostat, Xerox, Voice

Tracing etc.
Photography is considered to be the most practical, useful and reliable means of
preservation.
In colored photographs variation may occur in the choice of the kind of film and printing paper
used. Identification of voice from the recording instrument may sometimes be difficult. Audi-
recording may be dependent on the speed, volume, pitch and timbre which may be changed
by the instrument used in the recording and replaying.
2. Sketching
If there’s no scientific apparatus to preserve evidence is available then a rough drawing of the
scene or object to be preserved is done. It must be simple, identifying significant items and
with exact measurement.
3. Description
It is done by putting into words the person or thing to be preserved. Describing a thing
requires keen observation and a good power of attention, perception, intelligence and
experience. It must cause a vivid impression on the mind of the reader, a true picture of the
thing described. The use of Portrait Parle may be used.
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Portrait Parle (Spoken Picture)

This refers to verbal, accurate and picturesque description of the person identified. Such
information may be given by the witness, relatives, or the other persons who are acquainted
with the physical features of the person to be identified.
The following requirements must be included in the verbal description:

1. General Impression: type, personality, apparent social status.
2. Age and Sex
3. Race and Color
4. Height
5. Weight
6. Built
7. Posture
8. Head: Size and Shape
9. Hair: Color, length, baldness
10. Face
Forehead: High, low, bulging or receding

Eyebrows: Brushy or thin, shape
Mustache: Length, color, shape
Ears: Size, Shape, Size of Lobe, angle of set
Eyes: Small, medium or large; color; eyeglasses
Checks: High, low or prominent medium cheek bones;
flat or sunken
Nose: Short, medium or bog; or long; straight, aquiline or fat or
pug
Mouth: Wide, small or medium, general impression
Lips: Shape, thickness; color
Teeth: Shade, conditions, defect, missing elements
Chin: Size, shape, lean, heavy or medium
Jaw: Length, shape, lean, heavy or medium
11. Neck: shape, thickness, length; Adams Apple;

12. Shoulder: width and shape
13. Wrist: Size and Shape
14. Hands: length, size, hair, condition of the palms
15. Fingers: length, thickness, stains, shape of nails, conditions of the nails.
16. Arms: long, medium or short; muscular, normal of thin, thickness of the twist
17. Feet: Size and deformities
5. Manikin Method
This makes use of a miniature model of a scene or of a human body indicating marks of the
various aspect of the things to be preserved. An anatomical model or statuette may be used
and injuries are indicated with their appropriate legends. Although it may not indicate the full
details of the lesion, it is quite impressive to the viewer as to the nature and severity of the
trauma.
6. Preservation in the Mind of the Witness
A person who perceived something relevant for proper adjudication of a case may be a
witness in court if he/she has the power to transmit to others what he/she perceived. He/she
would just have to make a recital of his/she collection.
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CHAPTER 6
CRIMINAL IDENTIFICATION
IDENTIFICATION
It is the process of determining the personality of a person or thing.
Importance of Identification of Person
1. In the prosecution of the criminal offense, the identity of the offender and that of the
victim must be established; otherwise it will be a ground for the dismissal of the charge or
acquittal of the accused.
2. The identification of the person missing or presumed dead will facilitate settlement of the
estate, retirement, insurance and other social benefits.
3. Identification resolves the anxiety of the next-of-kin, other realties and friends as to the
whereabouts of a missing person or victim of calamity or criminal act.
4. Identification may be needed in some transactions, like cashing of check, entering a

premise, delivery of parcel or registered mail in post office, sale or property, release of dead
bodies to relatives, parties to a contract.
Rules in Personal Identification
1. The greater the number of points of similarities and dissimilarities of two persons
compared, the greater is the probability to be correct. This is known as the Law of Multiplicity
of Evidence in identification.
2. The value of the different points of identification varies in the formulation of conclusion.
In a fresh cadaver, if the fingerprints on file are the same as those removed from the crime
scene, they will positively establish the identity of the person while bodily marks, like moles,
scar, complexion, shape of nose, etc. are merely corroborative. Visual recognition by relative
of friends may be a lesser value as compared with fingerprints or dental comparison.
3. The longer the interval between the death and the examination of the remains for purposes
of identification the grater in the need for expert in establishing identify.
4. In as much as the object to be identified is highly perishable, it is necessary for the team to
act in the shortest possible time especially in cases of mass disaster.
5. There is no rigid rule to be observed in the procedure of identification of persons.
Methods of Identification
1. By Comparison
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Identification criteria recover during the investigation are compared with records available in
the file or postmortem finding are compared to ante-Morten records for example, latent
fingerprints recovered from the crime scene are compared to the fingerprints on file of an
investigative agency.
2. By Exclusion
If two or more persons have identified an all but one is yet identified, the one whose identify
has not been established may be known by the process of elimination.
Identification of Person
1. Those whom laymen used to prove identity

This requires no special training or skill of the identifies and no instrument or procedure is
demanded.
2. Those which are based on scientific knowledge

Identification is made by trained men, well-seasoned by experience and observation, and
primarily based on comparison or excursion.
Ordinary Methods of Identification
Characteristics which may easily be changed:

1. Growth of hair, beard or mustache
2. Clothing- form, texture or style
3. Frequent place of visit- favorite areas where a person usually visits such as
coffee shop, beer gardens, etc.
4. Grade of profession- a graduate or student nurse may be identified through
her cap; mechanic by his tools; a clergy man by his robe, etc.
5. Body ornamentations- includes earning, necklaces, rings, etc.
Characteristics that may not easily change:

a. Mental Memory
b. Speech
c. Gait
A person on account of disease or some inborn traits may show a characteristics manner of
walking. A scientific investigation of the gait pattern may be useful for purpose of identification
and investigation of crime scene.
Gait pattern is the series of foot marks by a person walking or running.
Kinds of Gait
1. Ataxic Gait- a gait in which the foot is raise high, thrown forward and brought down
suddenly in seen in persons suffering from tabes dorsalis.
2. Cerebellar Gait- a gait associated with staggering movement is seen in person suffering
cerebellar disease.
3. Cow’s Gait- this refers to a swaying movement due to knock-knee
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4. Paretic Gait- gait in which the steps are short, the feet are dragged and the legs are held
more or less widely apart.
5. Spastic Gait- A gait in which the legs are held together and move in a stiff manner and the
toes are dragged.
6. Festinating Gait- Involuntary movement in short accelerating steps.
7. Frog Gait- a hoping gait resulting from infantile paralysis
8. Wadding Gait- exaggerated alteration of lateral trunk movement similar to the movement
of the duck.
d. Mannerism
Stereotype movement or habit peculiar to an individual.
It may be:
1. Way of sitting
2. Movement of the hand
3. Movement of the body
4. Movement of the facial muscles
5. Expression of the mouth while articulating
6. Manner of learning
e. Hands and Feet
The size, shape, and abnormalities may be the base of identification. Foot or hand marks
found in the investigation of the crime scene may be:
1. Foot or hand impression

2. Footprint or handprint
f. Complexion
This may be determined when the whole body is exposed preferably to ordinary sunlight.
g. Changes in the Eyes

A person is identified because he is near-sighted, far-sighted, color blind, astigmatic,
presbyopic, deformity of the eyeball, and the presence of disease are useful bases of
identification.
h. Faces.
There different kinds of facial expression brought about by disease or racial influence.
The following are the kinds of faces:
1. Hippocratic Face
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The nose is pinched, the temple hollow, eyes sunken ears cold, lips relaxed and skin vivid.
The appearance of the face is indicative of approaching them.
2. Mongolian Face
Almond eyes, pale complexion, prominence of cheek bones.
3. Face Leonine
A peculiar, deeply furrowed, lion-like appearance of the face. This may be observed in
leprosy, elephantiasis and leontiasis ossia.
4. Myxedemic Face
Pale face, edematous swelling which does not pit on pressure, associated with dullness of
intellect, slow monotonous speech, muscular weakness and tremor.
5. Left or Right Handedness
6. Degree of Nutrition
The determination must be in relation to the height and age.
Points of Identification Applicable to both Living and Dead person before

Decomposition
1. Occupational Marks
1. Painters have stains on the hands and fingernails
2. Engineers and mechanics may have grease on their hands
3. A dress maker develops multiple puncture marks on the fingertips
4. Baker and miller may have flour dust on their clothing and on their bodies
5. Mason has callosities on the palms of their hands
6. Other similar marks relative to individual’s occupation.
2. Race- in the living, race may be presumed in:
a. Color of the Skin

1. Caucasian- Fair
2. Malayan- Brown
3. Mongolian- Fair
4. Negro- Black
b. Feature of the face

1. Caucasian- Prominent sharp nose
2. Malayan- Flat Nose with round face
3. Mongolian- Almond eyes and prominent cheekbone
4. Negro- Thick lips and prominent eyes
c. Shape of the Skull

1. Caucasian- Elongated Skull
2. Malayan- Round Head
3. Mongolian- Round Head
4. Red Indians and Eskimos- Flat Head
d. Wearing Apparel
Causal and customary wearing apparel may indicate race as well as
religion, nationality, region and customs.
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3. Stature
A person ceases to increase in height after the age of 25. There is apparent shrinkage in
height after a long-standing debilitating disease. There is actual shrinkage in old age on
account of the compression of the inter-vertebral and also the curvature of the spinal column.
The growth of a person rarely exceeds five centimeters after the age of 18.
4. Tattoo Marks
This is the introduction of coloring pigment in the layer of the skin by multiple punctures.
Tattoo mark may be in the form of initials, names, images of view which is helpful in the
identification if person in the body of the person.
5. Deformity
This maybe congenital or acquired. Deformity may cause peculiar way of walking, body
movement, facial expression, mannerisms, etc. deformity like clubfoot, harelip, cleft palate,
cystic conditions, bony prominence, etc. could be bases of identification unless corrected
surgically.
6. Birth Marks
Birth Marks which may be a spot naevi, port wine or a Mongolian blue spot could also be
bases of identification but it could be removed.
7. Injury Leaving Permanent Result

These are amputations, improper unions or fractured bones.
8. Mole- Ordinarily it is permanent but could also be removed
9. Scar- This is the remaining mark after healing of the wound.
10. Tribal Mark
This is a mark on the skin by tattooing or branding. Tribal mark is placed in the exploded
parts of the body and used to identify person or membership of a tribe or social group.
11. Sexual Organ

Male organ may show previous circumcision. In female, the uterus and breast may show
signs of pervious pregnancy.
12. Blood Examination

Blood Type, disease, parasitic infection or toxic substances present may be utilized to
distinguish one person from another.
Personal Identification through Anthropometry
This is also known as Bertillon System devised by Alphonese Bertillon. This method uses
anthropometrical measurement of the human body as the basis of identification. In addition,
Bertillon was the first person to introduce portrait parle as an aid in identification.
Bases of the Bertillon System
1. The human skeleton is unchangeable after the twentieth year
2. It is impossible to find two human beings having the same bones exactly
3. The necessary measurement can easily be taken with the aid of simple instrument.
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The information included in the Bertillon system

1. Descriptive Data
Color of the hair, eyes and complexion shape of the hose, ear, etc.
2. Body Mark
Moles, scars, tattoo marks, deformities, etc,
3. Anthropometrical Measurements
a. Body Measurements- height, width of outstretched arms, and sitting height.
b. Head Measurements- length and breadth of head, bizygomatic diameter, and length of
the right ear.
c. Limbs Measurements- Length of the left foot, length of the left middle and left little
fingers, and length of left arm and hand from the elbow to the tip of outstretched middle finger
are measured.
Extrinsic Factors in Identification

1. Ornamentations- rings, bracelet, necklace, hairpin, earring, and lapel pin, etc.
2. Personal Belongings- letters, wallet, drivers license, and personal cards etc.
3. Wearing Apparel- tailor marks, laundry marks, size, style, sock and others
4. Foreign Bodies- dust in clothing, nail scrapping may show occupation, place of
residence or work, habit, etc.
5. Identification by close friends and relatives

6. Identification of records on file at the police department, immigration bureau, hospital, etc.
7. Identification photograph
Scientific Methods of Identification
1. Fingerprinting
2. Dental Identification
3. Handwriting
4. Identification of Skeleton
5. Determination of Sex
6. Determination of Age
7. Identification of blood and blood stains
8. Identification of hair fibers
9. Deoxyribonucleic Acid (DNA)
Two General Types of Suspect Identification

1. Positive Identification
This uses information that identify and individual beyond question and is legally acceptable
as pertaining to an originating from a particular individual.
Example:
1. Information developed after comparing questioned with inked fingerprints
2. Result of DNA analysis of Blood and semen
2. Tracing Identification
This involves the used of all other information that maybe indicative of the personal identify of
an individual.
Example:
a. Description of witnesses as to the appearance of culprits
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b. Information about the presence of a suspect’s personal belongings at the crime

scene.
LEGAL MEDICINE
CHAPTER 7
INTRODUCTION, CONCEPT, NATURE OF LEGAL OR FORENSIC

MEDICINE
There is only one path in the mastery of legal forensic medicine and that's is, an
extensive practical experience acquired by a daily whole time application and study of
medical problems which are presented by crimes of large community like Metro
Manila. The progress of criminal case depends mainly on the progress of crime
detection and investigation. The author pooled his expertise and experience in making
the book for criminology students and criminologists as well. The main objective in the
practice of legal forensic medicine is to seek for the truth. Theories and half-truth have
no room the practice of legal/forensic medicine,
Forensic medicine or legal medicine is the branch of utilized by the legal
authorities for the solution of legal problems. It is the interaction of medical science
with the law. The name forensic comes from the word "forum" meaning the roman
market place where lawyers, doctors, and other professional do their businesses.,
I. Criminal Law - concern offenses which are considered to be against the general
public interest, offenses against persons, property, public safety and security of
the state. Penalties consist of monetary fine, imprisonment or execution
II. Civil Law - it is dispute between two individual or parties rather than the state. In
both civil and criminal action, the accused person is called defendant and the
party bringing the action in a civil case is the plaintiff.
ADVERSARIAL - the legal system of criminal procedure in Anglo-sax on which

descended from the American code. The defendant has to prove it beyond reasonable
doubt before a judge, magistrate or jury.
WITNESS- is a person who has knowledge about the case.
3TYPES OF WITNESSES
I. ORDINARY WITNESS - witness as to the fact. Nothing to do with the
medical practice.
II. PROFESSIONAL WITNESS - Doctors give factual evidence of something
he did or saw during his medical work.
III. EXPERT WITNESS - One who assist the law by giving an expert opinion an
certain facts. Example dermatologist may give opinion upon carcinogens
properties of certain chemicals.
AUTOPSY - in its broadest definition is simply the examination of a body after death.
The primary objective of autopsy is to determine the cause of death.
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TYPES OF AUTOPSY
I. CLINICA/HOSPITAL AUTOPSY - which focuses on the internal organ
findings. Its purpose is to confirm the clinical diagnosis, presence and extent
disease, any medical condition that were overlooked appropriateness and
outcome of therapy. and
II. FORENSIC/ MEDICO LEGAL AUTOPSY - To determine the cause of death
and confirm the manner of death often used in criminal proceedings.
FORENSIC/MEDICO-LEGAL AUTOPSY -must be documented and photographed

including those present during autopsy, date, time, and place of autopsy.
Items to be collected for laboratory examinations:
1. Victims clothing
2. Blood examinations, DNA and blood typing
3. Bullets recovered from the body on hands swabs in case of guns shooting
4. Anal and Vaginal swabs combings from the heads and public hair in case of sex
related cases.
5. Vomitus and other gastric secretions.
Forensic autopsy consists of external and internal examinations
EXTERNAL EXAMINATION
1. Broad overview of the condition of the body and clothing

2. General characteristics of the body
A. Sex and approximate age
B. Height and weight
C. Body built
D. Probable cause of death
E. Presence of tattoo and tribal marks
3. External examination consists of classifying injuries. These include Abrasions,

contusion, laceration and sharp injury wounds. Hemorrhage in the eyelid as
they can be indicative of asphyxia by strangulation. Genital examination in
suspected sexual abuse. Characteristics markings on skin in cases of wounds
or commutive of shoot and gun powder.
Stippling, peppering or tattooing around the bullet hole.
INTERNAL EXAMINATION
Consists of the removal of the individual organs through a Y- shaped is T-
shaped incision beginning at the tap of back shoulder and extending between to the
public bone. Internal organs are weighed, sectioned and send for pathologic
examinations Blood is routinely tested to determine alcohol and other toxic
substances. Pulmonary edema (Fluid accumulates in the lungs is commonly found in
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victims of chronic and amphetamine abuse. Stomach contents for digested food or
dissolved tablets.
CHAPTER 8
HISTORY, DEVELOPMENT AND CRIMINOLOGY
IMHOTEP - 2980 BC. The earliest recorded medico-legal expert. He

was the chief physician and architect of King Zoser in Egypt. It was a
murder case etched in a clay of tablets.
CODE OF HAMMURABI - 2200 BC. It was a oldest code of law, crime

against violence and sex.
ANTISTIUS-considered be the first police surgeon or firs forensic phatologist. He

conducted autopsy in Julius Caesar and found out he sustained 23 stub wounds and
only was the fatal wound.
PAULUS ZACCHIA-Italian physician regarded as the father of legal
medicine. He authored a book about medical aspect of wounds crime,
detection and investigation homicide.
CESAR LOMBROSO 1885 - utilized blood pressure reading as a basis

in crime detection
VITORRIO BENUSI, 1914 - breathing in police cases. used
WILLIAM MARSTON - used blood pressure reading and galvanic skin

response to examine prisoner of war.
DR. JOHN LARSON 1920- invented a device in recording both blood

pressure and galvanic skin response.
DR. LEONARDE KEELER-improved the works of DR. LARSON.

Early means of applying science to solve criminal case works from
crime during the 3rd century and pathology hampered the
development of forensic science until the late 17th century and early 18th century
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The first recorded notes on fingerprint characteristics was prepared in 1986 by

MARCELLO MALPHEGI, professor of anatomy in palogne, Italy
In 1775, Swedish chemist, CARL WILHEM SCHEELE devised the first

successful test for detecting arsenic in corpses.
MATHIEU ORFILA - A Spanish physician, was the most

significant technique in detecting arsenic in the walls of stomach
and intestine. He is considered as the Father of Forensic Toxicology.
In 1879, a Fresh scientist, ALPHONSE BERTILLON, devised a

scheme in personal identification in using anthropometrical
measurements and he was named as the Father of Criminal
Identification.
In 1901 DR. KARL LANDSTEINER discovered that blood can be grouped

into different categories, A, B, O, AB.
DR. LEON LATTES, professor in forensic medicine in Italy devised a

simple procedure for determining the blood group of the dried blood stain a
technique he applied in criminal investigation.
ALBERT OSBORN - Conducted work in document examination. His

works led to the acceptance of documents as scientific evidence by the
count.
HANS GROSS - 1901 pioneered in the scientific method in crime

investigation. He was the one who introduced the term criminalistics.
EDMUND LOCARD - Established the first crime laboratory.
DR. WALTER MC CRONE - Introduced the use of microscopy in crime

investigation.
COL. CALVIN GODDARD, a U.S. army colonel, applied microscopy in

firearm examination using comparison microscope.
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FRANCIS GALTON- father of finger printing as a way to unequally

identified individual.
MODERN SCIENTIFIC ADVANCES

Procedures such chromatography, spectrometry and electrophoresis were
introduced, to determine with accuracy the identification of a substances.
The most significant modern advancement in the forensic science is the
refinement of DNA typing in the late 20th century and early 21st century.
In 1985, sir ALEC JEFREYS, a British Geneticist, develop first DNA test,
applied for the 1st time and solved a crime identifying COLIN PITCHFORK as the
murderer of two young English girls.
CHAPTER 9
IDENTIFICATION OF THE LIVING AND THE DEAD
IDENTIFICATION - is the recognition of an individual as determined by the

characteristics which distinguish that individual from all other.
Importance of Identification
1. A person who has been arrested of his criminal act and that of the victim,
their identities must be established in order to prosecute the case.
2. The identities of a person who died leaving a vast of estate and the person
who claimed to be the heir of the deceased must be established.
3. Identification relieves the anxiety of love ones and of a missing or victims of
airplane crashed or ship wrecked.
4. Identification is necessary in bank transaction or entering premises.
MORPHOLOGICAL CHARACTERISTIC
In both the living and the dead, the height, weight and general physique should
be recorded. Faces or facial appearance is important. It can be influenced by race,
sickness or disease. The age of the living person can be assessed or appearance
such as grey or white hairs.
Clothing, jewelry of a person are vital, they give information as to sex, race and even
occupation and social status.
Tattoos, surgical scars, old injuries, congenital deformities.
Strike of pregnancy from live birth, tribal sears, circumcision, moles, warts.
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STATURE OR HEIGHT - a person ceases to grow at the age of 25 years. As the

person grows older, the height decreases due to fusion of intervertebral disc. The
height of a person can be determined by using simple instruments if the body is
complete. But if some parts of the body are lacking, actual measurements may not be
accurate but it is possible to approximate the height.
Some method in calculating the height of a person
A. Measure the distance between the tips of the middle fingers when the upper
extremities are extended literally, it will be approximately the height of a person.
B. Measure the distance from the vertex of the skull to the symphysis pubis
multiply by two (2) that will be approximately the height.
C. Measure the distance between suprasternal notch up to the symphysis pubis
multiply by three (3) that will be approximately the height.
D. If head only, measures distance from the forehead longitudinally up to back of
the head multiply by eight (8) and that will be approximately the height of the
person.
GAIT - characteristics manner of walking of a person.

a. Cereberral Gait-swaying or staggering manner of walking like that of a
drunken person.
b. Cow's Gait- a manner of walking due to knock knee like that of a cow.
c. Ataxic Gait - a gait in which the foot is raised high and forward drop down
suddenly.
d. Paretic Gait- feet and legs are held wide apart, steps are short, feet are
dragged.
e. Spastic Gait- a person walks like a robot the legs are held together and
move forward with a short steps and toes are dragged.
f. Frog Gait- hopping gait like that of a frog. g. Wedding Gait - swaying
movements of the buttocks like that of a duck.
ANTHROPOMETRY - Alphonse Bertillon, a French Criminologist devised a scheme

using anthropometrics measurements of the human body. The number of bones of the
adult human skeleton is 206.
Basis for Bertillon system
1. Human skeleton does not change after 20 years.

2. It is not possible to find two human beings having usually the same bones.
3. Measurements can be easily taken by using simple instrument.
Importance in the study of skeleton

1. It can be determined whether the skeleton is of human origin or not.
2. Determination of sex
3. Determination of race
4. Determination of age.
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5. Determination of height.
6. Determination of ante or post mortem.
7. Determination of duration of interment.
As a general rule, female bones are usually smaller, lighter and smoother than
of male.
EXAMINATION OF THE SKELETAL REMAINS
The sex of a person can be determined by the size and shapes of different
skeletal remains, especially those of the pelvis and skull, female pelvis bones trend to
form a wider more circular opening than in a male pelvis because of a woman's child-
bearing capabilities. Male skulls are larger than female and huge and more
pronounced brow. Female pelvis is wider and circular.
Male is narrow and circular. Femoral bomes are narrow while male femoral
bones are thicker.
As a general rule, female bones are usualy smaller, lighter and smoother than
male.
LAW OF MULTIPLICITY - in identification states that the greater the number of

similarities or dissimilarities of a persons compared, the greater in the probability for
the conclusion to be correct.
SCIENTIFIC METHODS OF IDENTIFICATION

1. DACTYLOGRAPHY -art and study of fingerprints recording.
2. DACTYLOSCOPY - art of identification by comparison of fingerprints.
3. FINGERPRINTING- is the most valuable method of identification and

universally accepted, finger prints are formed on the 4th month of intrauterine
life. Fingerprint are not changeable. The only condition that permanently
damage fingerprints is leprosy. The chances of an identical fingerprint in two
persons being one in 64 billion. Even identical twins do not have identical
fingerprints.
SOME OF THE PRACTICAL USES OF FINGERPRINTS

1. Establish the identity of a missing or unknown person.
2. Fingerprints recovered from the crime scene may associate the person or
weapon.
3. Substitute for signature among illiterate or with congenital anomalies.
BIBLIOTICS- science of handwriting analysis. The study of documents and writing

materials to determine its writing genuineness and authorship.
BIBLIOTIST-hand writing expert or qualified question document examiner.
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GRAPHOLOGY - study of hand writing to determine writer's personality aptitude and

character.
Age as a factor in identification
LEGAL IMPORTANCE IN AGE DETERMINATION

A. Classification of a person whether
1. Infant
2. Child
3. Adolescent
4. Adult
5. Old age
B. To determine criminal liability. Circumstances that exempt a person from criminal

liability.
1. Person under 9 years of age
2. 2. Person over 9 years of age and under 15 years
C. Exercise of political rights or right of suffrage

D. To determine capacity to contract marriage
E. Element in which certain crimes are committed. such as rape, infanticide,
abduction and seduction.
RULES IN DETERMINATION OF FETAL AGE

1. If the fetus is 25 cm or less in length, find the square root and that is the
approximate age in lunar month. 1 lunar is 28 days.
2. If the fetus is 25 cm or more in length, divide by five and that is the age in
month.
DETERMINATION OF AGE OF CHILDHOOD ANG ADULTHOOD

The best guide in determination of age in childhood is the eruption of deciduous
or temporary teeth which normally starts at 6 months and complete at 2 years. While
the eruption of permanent teeth starts at 6th years and completes at 17 - 18 years old.
POINTS TO BE CONSIDERED IN DETERMINATION OF AGE IN ADULTHOOD
1. Moustache and beard - appear at the 16-18 old, pubic hairs begin to appear in
13. years old in female and 14 years old in males.
2. Female breast start to develop at 13-14years old together with appearance of
first menstruation (MENARCHE)
3. Change of voice starts at 16-18 years old
4. Change in hair color. Normally hair change its color at the age of 40 years frm
black to grey and silvery white in old age
5. Children start schooling at age of 7 (seven) years and first year college at the
age of 16-18 years old
6. Wrinkles and blemishes of the skin may appear at 40 years old and above.
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EXAMINATION OF THE PRODUCT OF CONCEPTION

 1 month ovum - 1cms. Long. Weight - 2.5grams eyes are seen as a 2 black
spots
 2 months. - ovum - 4cms. Long. Weight - 10grams eyes and nose recognizable.
Anus is seen as dark spot.
 3 month-ovum-8cms. Long. Weight-30grams nails begin to appear. Placenta is
formed, sex organs have appeared.
 4 months length 13cms. Weight 204grams sex organ can be distinguish.
Lanugo hair visible in the body. Fingerprints begin to appear.
 5 months - length - 22cms. Weight 450grams dental gums appear at the
mandible.
 6 months - length - 30cms. Weight - 1kilogram skin wrinkles. Hair appear at the
head testicles lie. Close to the kidney. Eyebrows and eyelashes begin to
appear.
 7 months length - 38cms. Weight - 1.5 kgs. Eye was open. Testicles begin to
direct into the scrotum. Body is dark red with hair at the scalp. The child is
viable 28 weeks.
 8 months - length 42cms. Weight - 2.5kgs. skin wrinkled and fleshed colored
testicles in the scrotum nails reach end of the finger.
 9 months length 45-50cms. Weight - 3-3.5kgs. scalp covered with dark hair.
HEMATOLOGY- study of blood.

Human blood is reddish liquid within the blood vessels and contained formed
elements such as red blood cells, white blood cells and platelets and plasma which is
the liquid portion. Hemoglobin is responsible for red color of blood. The blood volume
of healthy Filipino is about 16-18 glasses of blood. One glass is 200cc loss of 6
glasses is detrimental to life or the normal blood volume is 1/20 of the body weight or
5-6 quarts of blood and one quart is about 946cc.
Normal Hemoglobin is about 17mg% in male and 14mg% in female.
Normal pulse rate is 60-80/minutes and blood pressure is 120/80mm.Hg. plus
or minus 10mm.Hg. there are 4 major blood types. A, B, O, AB.
The heart pumps 5 quarts of blood per minute and beats 100,000 times each
day.
TEST FOR BLOOD

The blood may stain the following material such as clothing, wounding weapon, or
instrument, tires body of vehicle, house flooring, street pavements furniture and other
objects.
I. PHYSICAL TEST
1. Solubility Test - blood stained material is placed in a saline solution and will give a
bright red color of the solution.
2. Heat Test the blood stained material is soaked in a saline solution and heated will
produce sediments or precipitates.
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3. Luminescence Test stains in dark fabric with mud, paint and other substances will
emit bluish white luminescence in a dark room when sprayed with special solutions
due to reaction of hematin crystals.
II. CHEMICAL TEST
1. Benzidine Test - a fragment of suspected stain is placed in the filter paper, drop
a solution containing of one part of a 10% solution of benzidine in glacial acetic
acid and 10 parts hydrogen peroxide. A rapidly developing blue or blue green
color indicates the pressure of blood.
2. Guiacum Test - press and rub the surface of the stain to the white filter paper, a
solution of the alcoholic tincture of guiacum is added then hydrogen peroxide is
applied by drops. A blue color is indicative of presence of blood.
3. Phenalpthelein Test - kastle-meyer reagent is dropped on a white filter paper
with stained material. After 10 seconds put a drop of hydrogen peroxide. A pink
color indicates presence of peroxidase.
4. Leuco-Malachite green Test - with the use of hydrogen peroxide, the leuco-
malachite green is oxidized to malachite green giving a bluish green or peacock
blue color of the solution.
III. MICROSCOPIC EXAMINATION -the presence of the red blood cells, white
blood cells, platelets, epithelial cells and bacteria may be seen when
examined under the microscope.
IV. MICRO-CHEMICAL TEST

1. TEISHMAN'S TEST - small portion of the stain is scrapped off and place in a
slide, a drop of glacial acetic acid dissolved in potassium iodide, then warm the
slide and let it cool. Production of h-Hemin cystals. are formed which are
reddish brown in color and having a bean shaped or dump bell shaped.
2. TAKAYAMA'S TEST - a small piece of suspected stained is placed on the slide

then add 2 or 3 drops of Takayama's reagent - salman pink crystals assume the
shape of shallow Rhomboids.
CHAPTER 10
MEDICO-LEGAL IMPORTANCE IN THE STUDY OF BLOOD
1. For identification whether the blood is of human origin or not.

2. For blood transfusion and cross matching.
3. For disputed percentage.
4. Corroboration of evidence against or in favour of the perpetrator of
the crime.
5. Determination of cause of death. The amount of blood loss without
being replaced. Cherry red color of blood may indicate carbon
monoxide poisoning.
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6. Determination in the direction of escape of the victim or assailant

through drops of blood or stain dark red suggestive of cyanide
poisoning.
7. Determination of the approximate time the crime was committed
from the study of the ageing of the blood spilled blood-stained
materials.
CHAPTER 11
MEDICAL ASPECTS OF DEATH
Death is the termination of life in a previous living organism. Death is

a process not an event. Different tissues die at different times. Thus, upon
death the organis returns to a stable equilibrium both physically and
chemically can no longer communicate with the environment.
In human being the signs of life include the power of locomotion,
respiration, circulation, brain activity and the presence of faculty of
senses. Ascertainment of death is a clinical not a legal problem.
In medico-legal death, it refers to the death which involves in crime
or medico-legal cases to prove or disprove that a foul play had been
committed.
Importance of death determination

1. Personality of a person is extinguished by death.
2. Criminal liability is extinguished by death.
3. Property of a person is transferred to the nearest of kin.
4. Basis of immediate removal of organ for transplantation.
5. Civil case for claim is dismissed.
KINDS OF DEATH
1. SOMATIC OR CLIN AL DEATH - it is complete, persistence continues
cessation of respiration, circulation an almost all brain functions of an
organism.
Ordinarily, the physician will discharge his duty if he listens with
stethoscope for signs of breathing and beating of the heart intermittently
for a half minute interval throughout a period of 10-15 minutes as well as
examining the eyes by a flashlight will show the pupil assumes a mid-
portion and dilated and the absence of corneal and light reflexes.
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Immediate signs of death in a person are the sudden of upward and

downward movements of the chest in the process of respiration, sudden
appearance of pale color of the face and lips, the heart and pulse rate
stops, jaw drops down and flaccidity of the muscle occurs. Pupils are
dilated and loss of corneal and light reflexes.
CLINICAL TYPES OF DEATH
A. SOCIOLOGICAL DEATH -types of death wherein the withdrawal and

separation from the patient by others producing a sense of isolation and
abandonment. Sociologic death may last for four years if the patient is
abandoned family unvisited or left alone to die. by
B. PSYCHIC DEATH- the condition of death wherein the patient
regresses, gives up or surrenders accepting death prematurely and
refuses to continue living.
C. BIOLOGIC DEATH OR BRAIN DEATH - type of death characterized
by absence of cognitive function or awareness, although artificial support
system may maintain organs functioning.
D. PHYSIOLOGIC DEATH - type of death where all vital organs cease
function.
MOLECULAR OR CELLULAR DEATH

It is the cessation of life individual cells in the body wherein occurs
one at a time after somatic death. Nerve and brain cells died 1-7 minutes
without oxygen supply after somatic death while muscle and tendons will
survive longer until the onset of post mortem muscle rigidity.
SIGNS OF DEATH
Answer to the following questions must be obtained in any case of death
which is the subject of an official investigation.
The question are:
1. Is the body dead?

2. How long has the body been dead?
3. What is the cause of death?
EXTERNAL SIGNS OF DEATH
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The most useful signs of death are those wherein can be detected
by the external examination of the body.
1. LOSS OF POWER TO MOVE INSENSIBILITY AND OF THE BODY
The central nervous system consists of the brain and spinal cord which is
the seat of all faculty of senses and the power of locomotion.
2. STOPPAGE OF RESPIRATION
A person cannot hold his breath not longer than 312 minutes.
CHAPTER 12
METHODS OF DETECTING STOPPAGE OF RESPIRATION
STOPPAGE OF RESPIRATION
A. Absence upward movements the chest and abdomen.
B. No palpitation the
C. Flow into lungs can be detected by stethoscope.
D. MIRROR due condensation respiration is present.
E. Absence movement of cotton feather when front of the nostrils.
F. WINSLOWS TEST- stoppage There no movement of reflected
image on the glass water when placed the chest in person lying his
back.
STOPPAGE OF HEARTACTION AND CIRCULATION

If there is no heart action for a period of 5-10 minutes, death is
considered certain. Upon death, the heart stops beating in a persistent
and continuous manner which cannot be revived by cardiac massage and
other resuscitative measures for a period of 5 minutes. In case of
decapitation and judicial hanging, the heart beats and persist for 15
minutes to 1hour.
METHODS OF DETECTING HEART ACTION AND CIRCULATION

A. Heart action - by palpitation and auscultation with the aid of
stethoscope.
B. Electro cardiogram
C. MAGNUS TEST - a ligature is tied around the finger. There will be
blood zone in the site of application and livid area distal to the
ligature.
D. ICARD'S TEST - Subcutaneous injection of flourescin dye. The skin
will exhibit yellowish green discoloration of the living skin.
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E. DIAPHANOUS TEST - reddish color of the web of the finger when

the hand is placed against a strong light.
LOSS OF BODY HEAT- ALGORMORTIS

When life is extinct and heat production in the body stops, and its
temperature is lowered gradually to that of the surroundings. The lowering
of temperature is one of the earliest sign of death. The rate of fall of the
body temperature is the most rapid in the first 4 hours after death until it
reaches the temperature of the surroundings beyond 12 hours. The body
temperature is assumed to be 37 or 98.3.
At death metabolic activity ceases rapidly, including muscle and liver
which produce most of the heat of the body. As circulation stops, the
mechanism of transferring internal heart to the skin ceases.
The body cools according to NEWTON'S LAW of cooling which states that
the rate of cooling is to the difference in temperature between the body
and the surroundings. A fall of 15-20 in normal temperature, death is
certain.
CHANGES IN THE EYES

1. Eyeballs are soft due to loss intra ocular tension
2. Loss of corneal and light reflexes
3. Haziness and clouding of cornea
4. Pupils are dilated and fixed
5. Tache noir schlerotique is present in the schela of eyes. It is a
triangular brownish spot described by summer in 1833.
CHANGES IN THE SKIN

1. Upon death, the skin of the face, lips and body become waxy and
pale.
2. Loss of elasticity of the skin.
3. Absence of the reaction of the injury or stimuli.
CHANGE OF COLOR OF THE BODY POST

MORTEMHYPOSTASIS/OR LIVOR MORTIS OR POST MORTEM
LIVIDITY - discoloration of the body after death, when blood tends
to pool in the blood vessels of the most dependent portion of the body
which appears 20-30 minutes after death and complete at 12 ours. As
circulation ceases the plasma and red cells are influenced by gravity and
seek the lowest level in the Vascular system to form a pink or bluish zone
of post-mortem hypostasis which used to be called lividity or suggillation.
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The color of hypostasis is variable. It is usually dark pink. In carbon

monoxide poisoning, the color is cherry pink or red and deep red cyanide
poisoning. The significance of hypostasis is indicated that the body has
been moved after death.
CHAPTER 13
CHANGES IN THE MUSCLE
STAGE PRIMARY FLACCIDITY

It is a stage muscular change after death characterized relaxation of
muscle and loss their natural tone so that the jaw or drops down, thorax
collapse and the become flaccid is soft, splinters relax that is why person
may urinate and excrete waste product metabolism. stage may last 3-4
STAGE OF POST MORTEM RIGIDITY OR RIGOR MORTIS

The whole-body rigid of the muscles as result physio-chemical
reaction the by releasing phosphate from ATP (Adenosine Triphosphate).
The reaction converting glycogen acid, releasing energy, some used to
convert it to ADP to ATP - after death the latter route ceases and ATP
diminish and lactic acid accumulates. The actin and Myosin then fuse into
Gel causing muscle to become STIFF.
The only practical interest in rigor mortis is in the estimation of the
time since death. Rigor mortis may be first detectable within 1-4 hour in
the face and 4-6 hour in the limbs secondary flaccidity becoming apparent
from 48-50 hour.
CONDITION SIMULATING RIGOR MORTIS

1. HEAT STIFFENING - a condition characterized by hardening of the
muscles due to coagulation of muscle protein when the dead body is
exposed to intense heat as by burning or immersion in a hot liquid.
2. COLD STIFFENING - a condition characterized by a hardening of a
muscle due to solidification of fats, muscles and fluid when the dead
body is extremely cold temperature.
3. CADAVERIC SPASM OR SPONTANEOUS RIGIDITY - instant
stiffening of a certain group of muscles which occurs immediately at
the moment of death, although its cause is unknown, it is associated
with violent death due to extreme nervous tension or injury to the
central nervous system.
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STAGE OF SECONDARY FLACCIDITY AND BEGINNING

PUTREFACTION
A muscular change characterized by the softness of the muscles in
which no longer response to electrical or mechanical stimuli due to
dissolution of the protein that have been previously coagulated during the
stage of rigor mortis. This stage is the onset of putrefaction.
PUTREFACTION
This is the usual course of decomposition leading to liquefaction of
tissues by the digestive action in its enzyme and liquefaction of tissues
and usually accompanied by the liberation of foul-smelling gases and
change of color of tissues.
Some authorities defined putrefaction as the breaking down of
complex proteins, carbohydrate, vitamin and minerals to simpler
components by the action of its enzymes and bacteria resulting to
softening and liquefaction of tissues with liberation of gases and change in
color of tissue.
Flies will be attracted to the dead body during putrefaction and
sipped the juicy portion of the tissues and lay eggs. The eggs will hatch 24
hours into maggots and again feed vigorously in damage tissues.
Other destruction agents in decomposition are the rodents, lizards,
snakes, vultures, ants and dogs. Fishes and aquatic mammals when dead
body is in water.
SEQUENCE OF EVENTS IN PUTREFACTION OF DEAD BODY IN

TROPICAL COUNTRIES
After 1-2 days 24-48 hours. disappearance of rigor mortis,
putrefactive changes in muscles and soft tissues, greenish discoloration
over the abdomen. Some veins beneath the skin seen as interlacing
purlish brown network over the shoulder, chest and abdomen known as
MARBOLIZATION.
72 Hour (3rd day) abdomen distended with gases, trunk bloated.
Hairs and nails loosened from its attachment. Blisters formation and blebs.
Face grossly swollen and discolored. Maggots are seen.
7 Days (1 week) - further bloating of the body and discoloration of
the skin. Soft tissues continue to putrefy.
14 days (2 weeks) detachment of hairs and nails from attachment.
Bursting of thorax and abdomen. Further dissolution of more resistant
tissues.
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1Month (30 days)-body is completely skeletonized.

The speed in which process of destruction occurs depends on
whether the body is decaying in air, water or water or under the earth. The
process more rigid in air than the other 2 media is expressed by the old
formula which states 1 week in the air is equivalent to two weeks in water
and 8 weeks in soil.
SPECIAL FORMS OF PUTREFACTION

MUMMIFICATION-a condition where there is removal of the fluid before
decomposition sets in that resulted to shrinking and preservation of the
dead body.
NATURAL MUMMIFICATION - the dead body is buried or exposed to a
dry, hot, sandy, soil with considerable air movement.
ARTIFICIAL MUMMIFICATION OR EMBALMING-Some chemicals
added to the dead body like formalin, phenol, arsenic or mercury and
covering the skin with plastic of Paris.
ADIPOCERE FORMATION - it is the formation of a soft friable, brownish
white greasy substance called adipocere formed by hydrolysis and
dehydrogenation of body fats. Adipocere is a soft waxy material, rancid in
smell, dissolves in alcohol and burns with a blue flame.
CAUSE OF DEATH
NATURAL DEATH - it is death due to a disease or ailment in the body.
The disease may occur spontaneously or may have been the
consequences of the physical injury inflicted prior to its development.
Termination of life occurs quickly, unexpected or delayed due to lingering
illness.
Sudden death is the termination of the life whose arrival is not expected.
A good example this and frequently observed among males, from 18
years old to 35years old. And common among low income called sudden
unexplained nocturnal death (SNND) group commonly called
"Bangungot".
VIOLENT DEATH - it is death due to injuries of some forms of outside
force wherein the physical injuries inflicted is the proximate cause of
death.
CLASSIFICATION OF PHYSICAL INJURIES

1. Physical force
2. Thermal injuries
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3. Electrical injury
4. Change in atmospheric pressure
5. Chemical injury
6. Radio active injury
UNDER VIOLENT DEATHS

1. ACCIDENTAL DEATH- misadventure, outside owns will.
2. NEGLIGENT DEATH - death due to reckless imprudence,
negligence, lack of skill and foresight.
3. INFANTICAL OR NEONATAL DEATH- death due to killing of an
infant less than 3 days old.
4. PARRICIDAL DEATH - it is death due to killing of one's relative.
Any person who shall kill his father, mother, child whether legitimate
or illegitimate of any of the ascendants or descendants or his
spouse shall be guilty of PARRICIDE and shall be punished by a
penal ranging from reclusion perpetua or death.
5. HOMICIDAL DEATH - killing of another person with intent but
without justification.
6. MURDER-it is the unlawful killings of another person committed with
any of the following:
A. With Treachery - taking advantage of superior strength, with the
aid of armed men and employing means to weaken the defense.
B. In consideration, price, money, reward or promises.
C. With evident pre-meditation
D. With extreme cruelty by deliberately augmenting the sufferings of
the victim.
7. EUTHANASIA OR MERCY KILLING - it is a willful acceleration of

death of a person in order to lessen the sufferings and financial
reasons.
8. SUICIDAL DEATH - it is death due to killing or destruction of one's
self.
A person who commits suicide is not penalized by law but a person who
assists another person to commit suicide is punishable by law.
SPECIAL DEATHS
Deaths under special circumstances
A. Death caused by tumultuous affray as in riot. The identity of the
killer is not known.
B. Any legally married person who having surprised his spouse in the
act of having sexual inter course with another person shall kill one of
them or both and shall suffer the person penalty of "distierro".
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METHODS OF JUDICIAL DEATHS

1. Death by electrocution
2. Death by lethal injection
3. Death by firing squad
4. Death by Gas Chamber
5. Death by Hanging
6. Death by Decapitation
DEATH FROM STARVATION

Starvation- is the deprivation of the regular supply of food and water. A
person cannot survive for more than 10 days without food and water but
with water alone can survive for 50 days.
CAUSES OF STARVATION
A. Accidental - marooned in an island, where there is scarcity or no
supply of food and water, as in airplane accident or trapped in a
miner's camp.
B. Homicidal intentional and deliberate-deprivation of food and
water.
C. Suicidal - in case of hunger strike.
DISPOSAL OF DEAD BODIES

A. Embalming - method of preservation dead body by the removal of
the body fluid and replacement of the same by chemical like
formalin, alcohol and phenol.
B. Burial, Interment, Inhumation - it is the method of placing the dead
body into the grave, according to section 1100 of the Revised
Administrative Code, a grave shall be 1 ½ meters deep or 6 feet.
C. Cremation - pulverization of the body by using intense heat.
D. Disposal of dead body to the sea
E. Use of dead body for scientific purpose.
F. EXHUMATION-it is the raising or disinterring a dead body or
remains from the grave. It is done for post mortem examination to
establish the cause of death. Exhumation is performed in the
morning.
PHYSICAL INJURY
REGINAL INJURIES
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1. HEAD Is the heaviest part of the body relative to its size, supported
by the muscles of the neck. The brain is enclosed within a strong
bony cranium.
SCALP INJURIES - scalp consists of hairy skin ones subcutaneous
tissues. Scalp is a very vascular organ and blends profusely on
damage scalp after lacerated by impact. It is not the fracture of the
skull which cause death or serious damage as assumed by
including lawyers. Skull fracture are themselves harmless, it is the
damage to the cranial contents that is fatal or dangerous. A skull
fracture is an indication that a severe force has been applied to the
skull and cause intro cranial damage.
2. SPINAL INJURY OR WHIPLASH INJURY -This is due to either a

hyperflexion or hyper extension of the neck. Spinal fractures are
dangerous because of fragile spinal and that passes down to the
spinal cord. Paraphlegia or quadriphlegia can ensus if the cord is
crushedor damage.
3. CHEST INJURIES - The chest can suffer many types of injury

including blunt impact, compression and penetration. When the
thoracic cage is squeeze for a consider time. With a sufficient force
to impair respiratory movements and this called Traumatic Asphyxia.
4. ABDOMINAL INJURY- the abdomen is prone to blunt and stabbing

injuries; most trauma is applied directly to the anterior abdominal
wall. Kicks in the abdomen can tear the intestine or mesentry
leading to hemorrhage or peritonitis. Liver may be torn or ruptured
by heavy blows such as kicking or an impact against steering wheel
in vehicular
Stabbing of the abdomen commonly perforate the stomach, liver or
intestine leading to hemorrhage.
5. NECK INJURIES - cutting and stabbing to the neck is seen as

suicide and homicide.
6. CUT THROAT - is most commonly suicidal and the characteristics

feature is repetitive tentative incisions.
Right Handed People - the suicidal cut throat usually high up in the
left side beneath the angle of the jaw and travel down wards and
across the right side where the wounds become more shallow.8
7. HOMICIDAL CUT ARE DEEPER- there maybe multiple homicidal

slashes.
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The Ward wound suggest that the lesion was caused by deliberate
action while injury could arise from any cause including accident. It
is the impairment of the body function or structure caused by cutside
force. The effect of the application of forced in the production of
wound.
WOUND
WOUND - it is a break or solution in

the continuity of the skin or tissue of the living body.
VITAL REACTIONS - is the sum total of all reaction of tissue or organs to
physical injury or trauma.
WOUND DAMAGE - damage to the tissues of the body caused by
mechanical force. These include
BEATING, PUNCHING, KICKING, BITING, KNIFING, STANGLING and

injury from vehicles and mechanics but, it excludes injury or damage from
HEAT, COLD, ELECTRICITY, POISONS and CORROSIVES.
EXAMINATION OF WOUNDS
ABRASIONS - the most superficial types of injury is called scratch or
graze. Most common cause is falling to the ground with sliding motion.
BRUISE OR CONTUSSION - caused by blunt objects which is caused
damage to blood vessels and blood leaks to the surrounding tissue. Fresh
bruises are dark blue or purple spectrum of color change of bruises or
contusion. BLUE-BROWN-GREEN-YELLOW and finally falling to normal
color. Bruises and Contusion - are impossible to inflict on dead body. A
bruise is a vital injury.
LACERATION - it is a splitting tearing wound caused by blunt instrument.
These wounds bleed profusely because it involves the whole thickness of
the skin. The edges of the laceration are always ragged. These wounds
are common on the scalp, face, elbows, knees and distal limbs.
INCISED WOUND- are sharply cut injuries from razor, knives, broken
glass and meatal edged.
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SLASHED WOUND- the length is greater than the depth.

STAB WOUND-causing sharp pointed and sharped instrument. The depth
is greater than the length. Stab wounds are generally more fatal or
dangerous than slashed wounds, as they penetrate deeply in the chest
and abdomen.
FEATURES OF STAB WOUNDS

1. Stab is usually slit-like but after removal of the knife, the center
widens and the length becomes shorter.
2. If the knife is twisted in the wound, a v-shaped wound result.
3. Stab wounds from a closed pair of scissors (usually a weapon used
by women) leaves a wound like a shallow z or the conventional sign
for a flash of lightning.
PUNCHING - consist of blows with a clenched fist and directed at the

parts of the body of the victim.
Bruises and abrasion are the most common injuries.
Laceration occurs in the body prominence. Blows in the mouth may split
the lips. Fracture the nose and the jaw.
AROUND THE EYES the blows cause periorbital hematoma or black
eyes.
BITESMARKS - are abraded bruised or lacerated.
Injuries from the teeth are most often seen in sexual assaults. A bite mark-
a pair of curved of opposing bruises seen in the skin.
IN SEXUAL ASSAULTS - bites most often inflicts on the side of the neck,
shoulder and breasts.
KICKING - common injury in assaults and homicide consist usually of
mixture of abrasions, contusions and lacerations. The SHOD FOOT is
almost always involved. The victim is usually lying on the ground and
accompanied by stamping and heel grinding. The injuries are severe than
punching.
The common target for kicking are the face, neck, sides of the chest,
abdomen and perineum.
SPECIAL TYPES OF WOUNDS
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A. PATTERNED WOUND-wound produced by the shaped of the

instrument or objects reflected on the body.
e.g. -imprint of radiator to chest and tire marks.
2. DEFENSE WOUND- wound produced by instinctive reaction for self-
protection.
E.g., Sparring the blows will produce contusion in the forearm.
LEGAL CLASSIFICATIONS OF WOUNDS

1. MUTILATION - the intentional act of cutting or looping any part or parts
living body.
2. SLIGHT PHYSICAL INJURY- it is the physical injury wherein the victim
is incapacitated for work or require medical attendance for a period of 1-9
days.
3. LESS SERIOUS PHYSICAL INJURY - a physical injury wherein the
offended party is incapacitated for work or require medical attendance for
10 days or more but not more than 30 days.
4. SERIOUS PHYSICAL INJURY -an injury wherein the victim becomes ill
and incapacitated for work more than 90 days. And the injury caused
deformity, loss of any parts of his body and loss the use there of.
GUNSHOT WOUND
GUNSHOT WOUND - is an open wound brought by the penetrating power

of the projectile propelled by the expansive force of the burning gun
powder in the cartridge shell.
CHARACTERISTICS BETWEEN GUNSHOT OF ENTRANCE AND EXIT

1. Size of wound of entrance is smaller than the missile while, the point of
the exit is bigger than the missile.
2. The edge of the wound of entrance is inverted while the exit wound is
everted.
3. Contusion collar is present in the wound of entrance absent in the
wound of exit.
4. The shaped of the wound the entrance wound is oval while the exit
wound has not definite shape.
5. Gunpowder tattoing - present in contact fire in near contact fire, absent
point of exit.
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6. Paraffin test positive in the point of entrance, negative in the point of

exit.
DISTINCTIONS BETWEEN MURDER, SUICIDE OR ACCIDENT

SUICIDE
1. Parts of the body involved in accessible to the hands of the victim.
2. There is only 1 gunshot wound.
3. Presence of suicide notes.
HOMICIDE
1. Wound is located in any parts of the body.
2. No weapon is present at the scene of death.
3. Signs of struggle or disarray in the crime scene.
ACCIDENTAL
1. One gunshot wound
2. Wound has no site of predilection
3. Testimony of the witness
ODD AND EVEN RULE IN GUNSHOT WOUND

If the number of gunshot wounds of entrance and exit in the body of
the victim is even the presumption is that no bullet in lodged in the body.
But, if the number of gunshots wound of entrance and exit is odd - the
presumption is that one or more bullets may have lodged in the body.
ASPHYXIA
Asphyxia is a condition wherein there is interference in the process
of respiration resulting to impairment of normal exchange of the
respiratory gases where by the supply of oxygen to the blood and tissue
has been reduced below the normal level.
A. ASPHYXIA BY HANGING - form of violent death wherein the body
is suspended by a ligature encircled around the neck
Mechanism Of Death
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1. Constriction of the air passages there by preventing the inflow of air into
the lungs.
2. Compression of the carotid arteries thereby diminishing the supply of
blood to the brain causing cerebral anoxia. The neck is elongated and
stretched with the head inclined the opposite the knot. Eyes may be
partially open with dilated pupils and with congestion saliva drooling from
the angle of the mouth. Bluish lips, hands clenched with purple finger nail
beds. There is erection or semi-erection of penis with ejaculation. Post
mortem lividity is marked in the lower extremities.
II. ASPHYXIA BY STRANGULATION - is produced by compression of

the neck by tying a ligature around the neck and the two ends are pulled
in the opposite direction in such a manner to tighten the ligature.
THROTTLING OR MANUAL STRANGULATION

Form of strangulation where by the hands are used in applying
pressure to the neck and obstructing the air passage.
SPECIAL FORMS OF STRANGULATION

1. Palmar strangulation - palms of the hands are used in applying
pressure over the neck.
2. Garroting - form of strangulation wherein metal collar or strap is placed
around the neck.
3. Mugging - form of strangulation wherein the assailant stands at the
back of the victim and forearm is applied in front of the neck.
4.Compression of the neck with a stick, rod or pipe - applying pressure in
the neck, the assailant either in front or at the back of the victim.
III. ASPHYXIA BY SUFFOCATION - Exclusion of the air from the lungs

by the closure of air openings (Nose and Mouth) and obstruction of air
passages from external opening.
1. Smothering - closure of the external opening (Mouth and Nostrils) by

use of hands, cloth, pillow or linen.
OVERLAYING - most common accidental smothering in children
suffocation either from bedding or pillows.
GAGGING - application of materials usually hanker chief and linen into
the nostrils and mouth.
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PLASTIC BAG SUFFOCATION - used plastic bag, common among

children.
2. Choking - form of suffocation brought about by the impaction of foreign
body, food and blood clots. In the respiratory passage:
A. Vomitus
B. Dentures
C. Food chunks
D. Blood clots from bleeding tuberculosis
IV. ASPHYXIA BY DROWNING OR SUBMERSION OR IMMERSION IN

WATER- The air passage are submerged to water thereby preventing the
free blew of air into the lungs- it is not necessary for the whole body to be
submerged in water.
EXTERNAL FINDINGS
1. Clothes are wet with the foreign bodies clinging upon retrieval.
2. Eyes are closed, maybe half opened, congested and pupils are dilated.
3. Hypostatiolividity is located in the head, chest and neck.
4. Goose flesh skin or cutis anserine - a condition of the skin usually in the
extremities manifested by pale, puckered and contracted skin due to
contraction of erector pili muscle
5. Pressure of "chapignon de ocume" whitish foam in the nostrils and
mouth which increase in amount upon pressure over the chest.
6. Penis and scrotum are contracted.
7. Presence of clenched.
INTERNAL FINDINGS
1. The lungs are voluminous with a doughy feeling and increased in
weight.
2. Stomach contents - plenty of fluid and other foreign bodies. Absence of
water in stomach indicates that death is rapid and submersion is made,
after death. The gastric mucosa will have a soggy appearance.
3. Gettler's test the right side of the heart is dilated filled with dark red
blood which is fluid and does not clot. The chloride content of the right and
left ventricles of the heart is determined by using Gettler's test. If drowning
look place in salty water, the blood chloride content is greater in the left
side of the heart than the right with the difference of 25mg. but drowning
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took place in the fresh water, the blood chloride content is more in the
right than the left.
CONCLUSIVE FINDINGS IN DROWNING

1. Clenched fists with foreign bodies.
2. Increased lung volume and weight
3. Pressure of water in the stomach
4. Presence of foam froth and foreign bodies in the respiratory passages.
5. Presence of water in the middle ear.
6. Presence of diatom in the kidney, brain and bone marrow.
Diatom test -is controversial

Diatom - is microscopic algae which are present in sea water and
unpolluted water. There are about 25,000 species of algae.
Drown in diatom containing water - inhaled algae lungs - diatoms react
circulation and lodge - kidney, brain, liver and bone marrow.
V. ASPHYXIA BY COMPRESSION OF THE CHEST OR TRAUMATIC

CRUSH ASPHYXIA - form of asphyxia death wherein the exchange of
gases into the lungs is prevented due to trauma the chest of abdomen.
VI. ASPHYXIA BY BREATHING IRRESPIRABLE CASES some gases

when inhaled is detrimental to life and health. The most common gases
which cause asphyxia deaths are carbon monoxide, carbon dioxide,
hydrogen sulphide and sulfur dioxide.
TOXICOLOGY
Dr. Matthiew Orfilia - father of toxicology. Toxicology is the study of
poison.
POISON - anything other physical agencies enable of destroying life either
by chemical action on tissue of the living body or by physiological action
by absorption of poison into the system. Legally a poison is a substance
which if applied or administers internally with intention to kill or do harm.
METHODS OF ADMINISTRATION
1. Orally or through the mouth
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2. Inter muscularly
3. Intravenous
4. Rectum or Vagina absorption through the - rectum is about twice as
much as absorption to the mouth.
FATAL POSE - smallest dose known to cause death.
CLASSIFICATION OF POISONS
I. CORROSIVE POISONS- are used as suicidal poison and for homicide
and assault. Corrosive poison irritates, necrose or destroy any surface
with which they come in contact.
a. Strong Acid - Sulfuric, nitric
b. Alkalis Sedum hydroxide, caustic soda potassium hydroxide
any calcium hydroxide.
c. Lysol and strong detergent
II. AGROCHEMICAL POISON - pesticide, insecticide, herbicide,
III. GASEOUS POISON - Exhaust from gasoline engine

1. CO (Carbon Monoxide) 4-8%. Colorless and odorless gas Affinity to
combine to Hemoglobin producing Carboxyhemoglobin respiral to
cherry red color of blood. Sign - cherry pink color of the skin, lips
and nails.
2. Carbon Dioxide
3. Hydrogen Sulphide
IV. MEDICAL POISONS - medicinal products are by most common form

of suicide.
1. Aspirin-acetyl salicylic acid - fatal dose - 25 30 tablets will cause
anetoneurotic edema and hypovolemin.
2. Paracetamol - most common caused of administered over dose.
Acts mainly on liver 30grams or more. It is a potent hepatoxic.
3. Anti-depressant drug
4. Sleeping pills - phenobarbital
5. Plutonium – existence most poisonous substance in
6. Ricin - a toxic extracted from castor oil - also one of the most potent
poisons
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ALCOHOL
The most practiced of alcohol consumption dates back to the early
time of human civilization. The use of wine is recorded even before the
time of Hammurabi 2380 BC. or ethyl alcohol is the widely use substance
in the world. Very few are aware that alcohol is a drug which has injurious
effect to the physical health and well-being of an individual. Alcohol is
colorless, transparent, volatile liquid with aromatic odor and boiling point
at 78.
Alcohol is formed out of the fermentation of carbohydrates, grains
and fruits. Alcohol is measured in units which are comparable to grams
contained in 100 cc of beer and wine.
Normal fermentation stops at around 12%. 14% by volume
distillation is a process to increase the concentration of alcohol which is
measured in terms of proofs which is estimated to be twice the percentage
of alcohol by volume.
A drunkard refers to a person who habitually takes or uses any
intoxicating alcoholic beverages and while under its influence or in
consequences of the effects there of is either dangerous to himself or to
others.
CHRONIC ALCOHOLISM - a condition where a person who, having

prolonged and exercise consumption of alcoholic beverage develops
physical and psychological changes and dependence to alcohol.
Alcohol is measures in units which are comparable to 10 grams
contained in 100 cc. of beer and win.
DISTILLATION - is a method used to increase the concentration of
alcohol since normal fermentation stops at around 12% -14% by volume.
In distilled liquors, alcohol is measured in terms of proof which is
estimates to be twice the percentage ofalcohol by volume.
DEGREE OF INTOXICATION
Slight Inebriation - 10-100mg%
10mg% - pleasant, clearing of the head 20mg%-feeling of well-being,
reddening of the face, no sign of mental impairment but there is a loss of
self-control making the user talkative and increasing confidence.
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100mg% the individual is intoxicated and under the influenced of alcohol.

There is mental confusion, incompetency drowsiness and decreased
inhibition,
Moderate intoxication - 150%mg - 200%mg difficulty in articulation,
argumentation and over confident and loss
of muscle coordination. DRUNK - 200-300mg% - confused state of the
mind, movement - uncontrolled, loss of muscle coordination, pain
sensation in was or diminished and marked disturbance in vision.
400mg%- this is guesettic level. Coma, unconsciousness and death may
occur.
EVIDENCE OF DRUNKENESS
1. Clothing is usually untidy with smell of alcohol
2. Red face blood shot eyes groggy stances and coordination is poor.
3. Breath is accompanied by varying degrees of alcohol odor.
4. Speech is incoherent, sarcastic with hostile tone.
5. Eyes are characterized with dilated pupils, reddened and glossy
appearance.
6. Mentality is obscure with lack of orientation, euphoric excitement
and depression.
PHYSICAL TESTS FOR ALCOHOL

1. The subject is directed to stand straight, heels together and closed
eyes for 1 minute. If the subject is drunk he will not sway to the front
or side.
2. Ask the subject to stand with one foot ahead of the other so the toes
of one foot ahead of the other so the toes of one foot touches the
heel, of the other. If drunk, the subject will sidewise and fall. sway
3. Let the subject bend down and pick-up a small object from the floor,
if he stumbles, it may be an indication of drunkenness.
4. Let the subject pronounce distinctly the word TRULY RURAL and
note slurring of speech when drunk.
TEST FOR ALCOHOL

Blood alcohol determination is a reliable index of alcohol content of
one's body, 5cc of blood is sufficient for alcohol determination.
The concentration of alcohol is alveolar breath and its concentration
in blood is fixed.
Alcohol blood test is widely accepted and direct method of
determining the concentration of alcohol in blood.
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If there is 0.5% or less by weight of alcohol in a person's blood. It

shall be presumed that he is not under the influenced of intoxicating liquor.
If there is 0.15% or more by weight of alcohol in a person's blood, it
shall be presumed that he is under the influenced of intoxicating liquor.
Breath Analyser - to determine the concentration of alcohol.
METABOLISM OF ALCOHOL
All chemicals that enter the body are broken down within the body
and transformed into other chemical that are lasier to eliminate.
The process of metabolism consists of 3 lassie steps.
1. Absorption
2. Distribution
3. Elimination
ABSORPTION AND DISTRIBUTION

Ethyl alcohol an alcohol is a clear liquid with aromatic odor normally
diluted by water and consumed as beverage. Alcohol appears in the blood
within minutes after it has been consumed and slowly increase in
concentration while it is being absorbed from the stomach and small
intestine into the blood stream and carried to all parts of the body. When
alcohol absorption is completed, the alcohol is distributed uninformed
throughout.
The water portion of the body that is through out about 2/3 of the
body volume. After absorption is completed, a maximum alcohol,
concentration slowly decreases until it reaches zero again. Beer is
absorbed more slowly than an equivalent concentration of alcohol and
water.
Apparently because of carbohydrates in beer. Alcohol consumed on
empty stomach is absorbed faster than an equivalent amount of alcohol
taken when there is in the stomach.
Elimination as the alcohol is circulated by the blood stream the body
begins to eliminate it.
Alcohol is eliminate through mechanism
Oxidation and excretion. All of the alcohol consumed is oxidized to
carbon dioxide (CO2) and water (HO2) which takes place in the urine in
the presence of enzyme, ALCOHOL DEHYDROGENASE. Alcohol is
converted into acetaldehyde and then acetic acid which there oxidizes to
carbon dioxide and water. The remaining alcohol is excreted, unchanged
in the breath, urine and perspiration.
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The most significant amount of alcohol exhaled in the breath is in

direct proportion to the concentration of alcohol in the blood.
The fate of alcohol in the body is therefore relatively simple namely
Absorption -into the blood stream

Distribution throughout the body's
Water - finally eliminate or BURN OFF varies in different, individuals.
0.15% w/v (weight per volume) per hour is the average rate after
absorption process is completed.
Breathe Analyser - to determine the concentration of alcohol in one's
body. It operates in the principle that the rate between concentration of
alcohol in alveolar breath and its concentration in blood is fixed.
0.15% or less - not under the influence
0.15% or more - under the influence.
Republic act 10586 - Anti Drunk and Drugged Driving Act of 2013.
Signed in May 27, 2013 by Pres. Aquino. An act penalizing person under
the influence of alcohol, Dangerous Drug and similar substances.
Driving under influence of alcohol - an act of operating a motor
vehicle while the driver's alcohol concentration level has received the level
of intoxication.
Field Sobriety Test - standardized test to initially assess and
determine intoxication. A law enforcement officer who has probable cause
to believe that a person is driving under the influence of alcohol by
apparent indications and manifestations.
1. Over speeding
2. Lane straddling
3. Sudden stops
4. Swerving
5. Poor coordination
6. Evident smell of alcohol in a person's breath.
If the driver fuels sobriety test, it shall be the duty of the law of
enforcement officer to implement the mandatory determination of the
driver's alcohol concentration through the use of a breath analyzer. A
driver of a motor vehicle involved in a vehicular accident resulting in the
loss of human or physical injuries shall be subjected to chemical test.
Refusal to subject oneself to mandatory test - shall be penalized by
the confiscation and automatic revocation of driver's license in addition to
penalties provided.
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PENALTIES
Driving under the influence of alcohol which did not result in physical
injuries or homicide - 3 months of imprisonment and 20,000 to 80,000
pesos with physical injuries - 100,000 - 200,000 pesos shall be imposed.
With Homicide - 300,000 shall be imposed.
Non Professional driver's license shall be confiscated and suspended for
a period of 12 months.
Professional license - confiscated and perpetually revoked for first
conviction.
DEATH OR INJURIES OTHER THAN APPLICATION OF PHYSICAL

FORCE
Thermal Injuries or Deaths
Deviation from normal temperature providing cellular or tissue
damages, exposure to secure cold will reset to front bites and exposure to
high temperature will result to burning or scalding exposure to severe cold
is not common in tropical countries like ours. The cares of death is
attributed to decrease dissociation of oxygen from hemoglobin in the red
blood cell resulting to decrease power of the tissues to utilized oxygen.
Exposure to extreme cold will result to production of frostbite or
trench foot consists of several stage or phases.
1st phase - blenching or pale color of the skin due to vascular spasm.
2nd phase erythema or red color of the skin swelling or edema due to
vasculation dilatational and increased capillary permeability.
3rd phase there is blisters formation.
4th phase - there is necrosis and gangrene of tissues.
Death or injury from exposure to heat will result to general or systemic

effect:
1. Heat Cramps - involuntary spasmodic painful contraction of muscle
due to dehydration and excessive loss of chloride by sweating seen
among workers working in rooms with high temperature with profuse
sweating.
2. Heat Exhaustion - or Heat collapse heart failure primarily caused by
heat and precipitated by muscular exertion and warm clothing.
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3. Heat Stroke (Sun's Stroke) - occurs among there working in ill-

ventilated places with dry and high temperature or due to direct
exposure to sun.
EFFECTS OF APPLICATION OF HEAT
1. Scald caused by hot liquid - are injury produced by application of liquid

at a near boiling point or in gaseous state.
2. Thermal Burns (Dry Heat) - application of heat or chemical substances
to the body. It is product by fire solid substances, friction and electricity.
CLASSIFICATION OF BURNS
1. Thermal
2. Chemical
3. Electrical
4. Radiation
5. Friction
CHARACTERISTICS OF BURNS
1. Redness to complete carbonization.
2. Singeing of hair and carbon deposits within affected area.
3. Death by burning in conflagration
CLASSIFICATION OF BURNS BY DEGREE.

(DUPUYTREN'S CLASSIFICATION)
1ST DEGREE - simple redness and slight swelling may subside after a
few hours. Produced by momentary application of flame or hot solid or
liquid below boiling point.
2nd DEGREE-vesicle information with acute information caused by flame.
The skin is blackened and surjeing of hair. Scar not present after healing.
3rd DEGREE - destruction of cuticle, part of true skin.
Burnt area is painful leaving to the exposure of the nerve's ending
endings. Healing may leave scar.
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4th DEGREE whole skin destroyed with formation of slough. Surface is

recreated. Healing produced fibrous scars. May contact and produced
deformity.
5th DEGREE involvement of deep fascia and muscle. Produced severe
scarring and deformity.
6th DEGREE-charring of limbs, organs and bones. Death due to shock
72% of Human Body Weight is water.
Proofs that the victim is alive before burnt to death. Is the burning the
cause of death:
1. Presence of smoke in the air passages. Greyish black material
adherent to the mucosa of the larynx, trochee and bronchi.
2. Increase of carboxy haemoglobin blood level. Carbon monoxide enters
body through respiratory tract. Carboxy haemoglobin is responsible for the
cherry red color of blood on fire victims.
3. Erythema, edema and vesicle formation - show that circulation was
present and heat was applied.
HEAT STIFFENING - found in dead bodies subjected to heat. Heat

coagulates the albuminous materials inside the muscle making it stiff and
contracted. Limbs flexed and fungus chemicals and simulating a pugilistic
position of a bones.
CHEMICAL BURN
1. Sulfuric acid (oil of vitriol) - most intense action causes considerable
amount of destruction of the tissues with formation of blackish brown
slough.
2. Nitric acid cause a yellow or yellowish, brown slough. Spot of yellow
color seen on the skin.
3. Hydrochloric acid - hot as destructive as sulfuric acid or nitric acid.
Produced localized ulceration of red or reddish grey in color.
ELECTRICAL BURN
The main cause of death in electrocution is shock. Electrocution is
divided in 3 groups according to voltage
1. Domestic Voltage - this is the voltage of domestic line which varies

from country to country.
The standard domestic voltage in the pritezise is 220 volts at 50 cycles of
alternating current. While in U.S. is 110 volts at 60 cycles.
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2. Industial Voltage - high voltage is used to operate heavy machines,

tool, train and electric grid network.
3. Lightning - electrical change in the atmosphere usually occurring
daring thunder storm, it is about 1000 million volts and 2000 amperes. The
effects of lightning are due to both the passage of very high potential
electricity producing electrical burns or death due to the blasting effects of
rapidly expanding air producing lerentin and distortion of body parts.
Death from lightning is accidental.
CHANGE OF ATMOSPHERIC PRESSURE

The normal atmospheric pressure at sea level is 700mm of Hg.
which is conducted to health when at person goes deeper under water,
the pressure becomes greater. The gases in the body such as oxygen,
carbon dioxide and nitrogen will accumulate and liberated in circulation
blocking small Calibri blood vessel. Gas bubbles block the blood vessels
producing lying to the distal part supplies by the down and this condition is
called air embolism, this condition is further accelerated when a person
under water goes abruptly from increased pressure to normal pressure
condition. post mortem findings show gas bubbles in different organs.
When a person goes higher and higher in the atmosphere, the press
becomes lesser and lesser and the oxygen in the air becomes lesser. This
condition is seen among mountain climbs.
DEATH/INJURIES FROM RADIATION

Radioactive substance may be is the form of alpha, beta and
gamma rays. The most dangerous which is injuries to life and health is
GAMMA RAY. It can be absorbed by the body by inhalation ingestion and
skin absorption.
INFANTICIDE OR NEONATACIDE
Killing of a child less than 3 days old.
Evidences in Infanticide
1. That the child was born alive

2. That the child was deliberately killed
3. That the child was less than 3 days old
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How the crime of infanticide is committed.
1. By omission or neglect
A. Failure to ligate the umbilical cord.
B. Failure to protect the child from heat or cold.
C. Failure to supply the child with proper food.
II. By commission
A. Inflicting physical injuries
B. Suffocation
C. Strangulation
D. Drowning
E. Poisoning
SEX CRIMES AND DEVIATIONS

Sex - is an inborn instinct of man. Any person without sex desire is
abnormal.
Sexual Crime - is a sexual act about sex.
Sexual Harassment -sexual act committed by any person by uttering
languages which irritates the victim as well as unconventional sexual acts
which are not in conformity within the moral standard in a society.
Sexual Assault - is a genderless crime which involves in conventional
sexual acts of violence and aggression committed on the genital, oral and
anal orifices of another person.
Virginty - is a condition of a woman who has not experienced sexual
intercourse and whose genital organ has not been altered by sexual
intercourse. Defloration - rupture or laceration of the hymen as a result of
sexual intercourse. All laceration or rapture of the hymen by any other
means aside from sexual intercourse is not called defloration.
KINDS OF VIRGINTY
1. MORAL VIRGINTY - is a state in the female is not physically and
sexually, matured, and has not experience sexual intercourse. The sex
organs and secondary sex characteristics are not fully developed. This
applies to the children below the age of puberty.
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2. PHYSICAL VIRGINTY-a condition of a female wherein she is

conscious about sexual life. The sex organ and secondary sex
characteristics are fully developed but had not experience sexual
intercourse.
3. TRUE PHYSICAL VIRGINITY - the woman is sexually matured, had
not experience sexual intercourse and whose hymen is still intact with
distinct regular edges and the opening is small barely admits the tip of the
smallest finger.
4. FALSE PHYSICAL VIRGINTY - is the condition of a woman who had
not experienced sexual intercourse, the hymen is unruptured, elastic and
distensible and admits 1 or 2 finger with less resistance.
5. DEMI-VIRGINITY - is a condition of a woman who allows any form of
sexual acts but refrain from rupturing hymen.
6. VIRGO INTACTA - is a condition of a woman who had several sexual
inter-course but had not born a child.
PARTS OF THE FEMALE ANATOMY WHICH MAY BE CONSIDERED

IN THE DETERMINATION OF VIRGINITY
1. BREASTS - are two masses of fleshy tissues at the region of the chest
with its nipples at the center and surrounded by brown or pinkish areolae.
This is not a good basis to determine virginity. Some women have a firm
breast with small nipples, yet have experience sexual intercourse. Some
women have not been altered by sexual intercourse.
2. VAGINAL CANAL - it is a muscular membranous canal used as a
female copulatory organ and covered by hymen externally among virgin.
The canal, if not altered by sexual intercourse is tight and with a sharp
distinct rugosity.
3. LABIA MAJORA AND MINORA - are two longitudinal folds of tissues

which formed the lateral boundaries of the prudential cleft into which the
urethra and vagina open. The labia majora is a thick pigment layer
covered with hair and the labia minora which is the inner smooth layer
containing sebaceous follicles and have a tendency to become erectile.
These structures are not a good basis in determining virginity. The labia
majora and minora may be gaping in some woman and yet not experience
sexual intercourse and other may have plump, firm and well coaptated
labia but have experience sexual intercourse.
4. FOURCHETTE AND PERINEUM -fourchette is the v-shaped structure
form by the the union of the labia majora posturing and below the vaginal
orifice. This may become rounded by several sexual intercourse or did
tended by the passage of the fetus during delivery.
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5. HYMEN-this is a thin fold of mucous membrane surrounding the vaginal

orifice. It ruptures during sexual intercourse, instrumentation or self
manipulation. This is not a good basis of virginity. The woman may have
ruptures hymen yet she is a virgin. A woman might resoty to masturbation,
yet she is still a virgin.
REPUBLIC ACT NO. 8353

An act expanding the definition of the crime of rape and reclassifying
the same as a crime against person.
SECTION 1. This act shall be known as anti-rape law of 1997.
SECTION 2.- Rape as a crime against person crime against person.
The crime of rape shall be hereafter be classified as a crime against

person.
Rape is committed
I. By any man who shall have carnal knowledge of a woman under any of
the following circumstances
A. Through force, threat or intimidation.
B. When the offended party is deprived of reason or otherwise
unconscious.
C. By means of fraudulent machination or grave abuse of
authority.
D. When the offended party is under twelve (12) years old or is
demented even though none of the circumstances mentioned
above to present.
II. By any person who under of the circumstances mentioned in paragraph
I hereof shall commit an act, sexual assault by inserting his penis into
another person's mouth or anal orifice or any instrument or object into
genital or oral orifice of another person.
CARNAL KNOWLEDGE - is a sexual act involving bodily connection

done by the penetration of the male sex organ into that of a female sex
organs. It is interchangeably used with sexual intercourse or coitus.
OTHER SEX CRIMES

I. SEDUCTION - is an act of a man enticing women to have unlawful
sexual intercourse with him by means of persuasion, solicitation,
promises, bribe or other means without employment of force.
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A. QUALIFIED SEDUCTION seduction of a virgin over twelve (12)

years and under eighteen (18) years of age, committed by any
person in public authority, priests, guardian or teacher or any
person, who in any capacity, shall be entrusted with education or
custody of woman seduced.
B. SIMPLE SEDUCTION - seduction of a woman who is single or a
widow of good reputation, over 12 years but under 18 years of age
committed by means of deceit.
C. DECEIT a fraudulent and cheating misrepresentation, artifice or
device used by one or more persons to deceive and trick another,
who is ignorant of true facts to the prejudice and damage of the
party imposed.
II. ACTS OF LASCIVIOUSNESS - an act which tend to excite lust,

conduct, which is wanton, lewd, voluptuous or lewd emotion.
LASCIVIOUSNESS ACTS - embracing, kissing and holding woman's

breasts and placing male organ over the female organ.
A. ABDUCTION - carrying away of a woman by an abductor with lewd
design.
LEWD DESIGN - is the intend of the abductor to have sexual
intercourse with the woman abducted.
B. FORCIBLE ABDUCTION - abduction of any woman against her will
and with lewd designs.
C. CONCENTED ABDUCTION - the abduction of a virgin under 18
years of age carried out with her consent and with lewd design.
III. ADULTERY AND CONCUBINAGE

ADULTERY is committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has carnal
knowledge of her, knowing her to be married even of the marriage be
subsequently declared void.
CONCUBINAGE-any husband who shall keep a mistress in the conjugal
dwelling or shall have sexual intercourse under scandalous circumstances
with a woman who is not his wife or shall co-habit in any other place.
PROSTITUTE are women who for money or profit, habitually indulge in
sexual intercourse or lascivious conduct.
PATERNITY - civil status of the father with respect to the child begottenly
him.
FILIATION - civil status of the child in relation to its mother or father.
ILLEGITIMATE CHILD - child born out of wed lock.
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TYPES OF ILLEGITIMATE CHILDREN

1. ADULTEROUS CHILDREN – conceived in the act of adultery or
concubinage.
2. INCESTOUS CHILDREN - born by parents who are not capable of
contracting marriage because of blood relationship, brothers, sisters,
father and daughter.
3. SACRILEGIOUS - children born by members of the clergy.
4. MAN CERES - children born by prostitutes.
IMPOTENT physical incapacity of either sex to grant other sexual

gratification.
STERILITY- loss of power of procreation.
A man or woman can be sterile yet not impotent and impotent yet sterile.
SEXUAL DEVIATIONS - unnatural sexual offenses and abnormalities.
Some factors which may be responsible for abnormal sexual behaviors
are the following: environment, educational attainment, mental condition,
habits and customs.
1. Homosexual - Sexual desire towards the same sex.
2. Lesbianism or Tribalism - a woman has the desire to have sexual
intercourse with another woman.
3. Pedophilia - Sexual perversion wherein a person has the
compulsive desire to have sexual intercourse with a child of either
sex.
4. Bestiality or Bestosexual - Sexual gratification is attained by having
sexual intercourse with animals.
5. Gerotophilia - sexual desire with elder persons.
6. Necrophilia - sexual perversion characterized by erotic desire or
intercourse with a corpse.
7. Incest sexual relations with members of the family.
8. Lust murder of Necro Sadism. - sexual behaviour wherein the
offenders perform sexual intercourse and then kill the victims.
9. Sadism-sexual behaviour wherein the offender inflict pain or harm in
order to obtain sexual gratification.
10.Satyriasis - excessive sexual desire of men.
11.Nymphomania - excessive desire of women.
12.Fellatio or Irrumation - Female receive the penis into her mouth.
13.Cunnilingus - Licking or sucking the vagina.
14.Anilism or Anilingus- person receives excitement by the licking the
anus of another person of either sex.
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15.Sado Masochism or Algolognia - pain or cruel act as a factor for sexual

gratification.
16. Flagellation sexual deviation associates especially with the act of
whipping.
17.Fetism - an object or bodily part of a woman is necessary for sexual
stimulation.
18. Urolagnia sexual deviation is which sexual excitement is associated
with the sight of a women urinating.
19.Sodomy-Sexual act through the anus of another.
20.Uranism- sexual gratification is attained by fondling the breasts. 21.
Frottage - compulsive desire of a person to rub his sex organ against
same parts of the body of another.
22. Voyeurism (Peeping Tom) - compulsion to peep to see person
undress.
23.Mixoscopia (Scotophilia) - sexual pleasure is allowed by watching
couple doing sexual acts.
24.Troilism - 3 persons participating in sexual orgies.
25. Coprolalia sexual deviation characterized by - the need to use
obscene language.
26. Exhibitionism - willful exposure in public places of one's genital organ.
DNA Deoxyribonucleic Acid refers to the chemical inside the nucleus of all
cells that carries the genetic instructions for making living organisms. A
DNA molecule is made out of two strands that wrap around each other to
resemble a twisted ladder. The sides are made up of sugar and
phosphate molecules. The rungs are made up of nitrogen containing
chemicals called BASES. Each strand is composed of one sugar
molecule. One phosphate molecule and a base. Four different bases are
present in DNA.
A. Adenine
C. Cytosine
T. Thymine
G. Guanine
The particular order of the bases arranged along the sugar
phosphate backbone is called DNA-SEQUENCE the sequence specifies
the exact genetic instruction required to create a particular organism with
unique traits.
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The dis-commonly of DNA, the decoding deciphering ofits genetic to

the understanding of the underlying concepts of inheritance.
In 1985, DR. ALEC JEFFREY'S a British geneticist and his
colleague starting investigating the structure of human genes which are as
unique to its individual as FINGERPRINT known as DNA
FINGERPRINTING.
Heredity is transmitted via microscopic units called GENES, which is
the basic unit of heredity. DNA
Discoveries of DR. JEFFREYS, a British geneticist, a powerful new
tool has been known as DNA fingerprinting.
The DNA molecule has two strands of sugar and phosphate
molecules which are licked by combination of four bases (4) Adenine,
Thymine, Cytosine and Guanine, which are like rungs in a long, twisted
ladder forming the helix of DNA.
Liver tissue blood - are the best materials for DNA profile testing.
DNA deoxyribonucleic Acid refers to the chemical inside the nucleus
of all cells that carries the genetic instructions for making living organisms.
A DNA molecule is made up of two strands wrap around each other
to resemble a twisted ladder. The sides are made up of sugar and
phosphate molecules. The rungs are made of nitrogen containing
chemicals called bases. Each strand is composed of sugar molecules,
one phosphate molecule and a bases different bases are present in DNA.
A – Adenine
T- Thymine
C- Cytosine
G-Guanine
The particular order of the bases arranged along the sugar -

phosphate backbone is called DNA - SEQUENCE.
The sequence specifies the exact genetic instructions required to

create a particular organism with it's occur unique traits.
Each strand of the DNA molecule is held together at its base by a
weak bond. The four bases pair in a set manner Adenine (A) pairs with
Thymine (T) while Cytosine (C) pairs with Guanine (G). these pair of bses
are known as base pairs (bp). these bases pairs (bp) are the basis of Y
chromosome testing the decoding of DNA. The deciphering and decoding
of its genetic information led to the understanding of the underlying
concepts of inheritance.
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In 1985, Alec Jeffrey's and his colleague started the investigation

the structure of the human genes, which is the basic unit of heredity..
GENE- the basic unit of heredity, consisting of a DNA segment located on

a chromosome.
CHROMOSOME- a thread like structure in the cell nucleus composed of
DNA, along with the genes are located.
EGG- female reproductive cell
SPERM- male reproductive cell
ZYGOTE- the cell arising from the union of an egg and a sperm cell.
X CHROMOSOME- female sex hormone Y CHROMOSOME- male sex
hormone
LOCUS- the physical location of a gene on a chromosome
ALLELE- any of the several alternative forms of a gene at some point in a
particular pair of chromosomes.
HOMOZYGOUS-having identical allelic genes on the two corresponding
portions on a pair of chromosomes.
HETERDYGOUS- having identical work? Any type of organism can be
identified by examination of DNA sequence unique to the species. To
identify individual’s forensic scientists, scan 13 DNA regions that vary from
person to person and use the data to create a DNA profile of the individual
sometimes called DNA FINGERPRINT.
There is an extremely small chance that another person has the same
DNA profile for a particular set of regions.
DNA uses for forensic identification.
1. Identify potential suspects whose DNA may match evidence left at
crime scenes.
2. Exonerate persons wrongly accused of crimes.
3. Identify crime and catastrophe victim.
4. Establish paternity and other family relationships.
5. Identify endangered and protected species as an aid to wild life
officials.
6. Detect bacteria and other organism that may pollute air, water, and
food.
7. March organs downs with recipients I transplant programs.
IV. ODONTOLOGY STUDY FORENSIC ODONTOLOGY OF TEETH
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The 1st treatise an forensics odontology was written by DR. OSCAR

AMADO in 1898 and was regarded as the father of forensic odontology.
Areas of practice in forensic odontology

1. Age estimation
2. Identification of mass fatalities
3. Identification of human fatalities.
4. Assessment of bite mark injuries
-B. MARKS- can be found bleshy tissue. Bite marks can be found on
objects a present at the scene of a crime and are commonly found on a
suspect when the victim attempts to defend himself or herself.
-V-shaped mandible in males U-shaped in female
5. 5.Eruption of temporary or deciduous teeth first appear at the age of
6 months and complete at 2 years.
6. Appearance of permanent at the age of 6 years and complete at 15-
16 years old. There are 32 sets of permanent teeth and enamel of a
tooth is the hardest substance in the human body.
7. DNA uses for forensic identification
8. Identify potential suspects whose DNA may match evidence left at
crime scenes.
9. Exonerate persons wrongly accused of crimes.
10. Identify crime catastrophe victim.
11. Establish paternity and other family relationships.
12. Identify endangered and protected species as an aid to wildlife
officials.
13. Detect bacteria and other organism that may pollute air, water
and food.
14. Match organs downs with recipients I transplant programs.
REFERENCES
Sumad-on, D. T. (2020). Fundamentals of Investigation with Intelligence. Wiseman Books

Trading, Inc. Quezon City
Vicente J. B. et al., (2016). Fundamentals of Criminal Investigation 2nd Edition. Wiseman

Books Trading, Inc. Quezon City
Lagonera, M. G. (2019) Legal Medicine 2nd edition. Wiseman

Books Trading, Inc. Quezon City
128

CDI 2 Module Final

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CDI 2 Module Final

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A Learning Manual Exclusive to the Criminology Students of SDSSU | Specialized Crime Investigation 1

with Legal Medicine

CDI – 2 Specialized Crime Investigation 1 with Legal Medicine

REJIE R. ABONITO, RCrim.

13. Prepare sketches and diagrams

SPECIAL CRIME INVESTIGATION- Is a process of applying special equipment and

Special Crime Investigation means a process of applying special equipment and

SPECIALIZED CRIMES RELATED TO PERSONS

1. That a person killed.

RULES FOR THE APPLICATION OF THE CIRCUMSTANCES WHICH QUALITY

Accidental homicide- Is the death of a person brought about by a lawful act

Death or Physical Injuries Inflicted under Exceptional Circumstances – Any

PENALTY FOR FRUSTRATED PARRICIDE , MURDER , OR HOMICIDE- The

DEATH CAUSED IN A TUMULTOUS AFFRAY- When while several persons, not

1. That there be several persons.

Assistance to suicide is different from mercy- killing

WAYS OF COMMITTING INTENTIONAL ABORTION

ELEMENTS OF INTENTIONAL ABORTION

EXAMPLE OF ABORTION BY ADMINISTERING ABORTIVE

PERSON LIBALE FOR INTENTIONAL ABORTION

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

MUTILATION the penalty of reclusion temporal or reclusion perpetua, shall be

TWO KINDS OF MUTILATION

Rape- When and how committed; Rape is committed

ELEMENTS OF RAPE UNDER PARAGRAPH 1

WHO CAN COMMIT RAPE?

SPECIALIZED CRIMES RELATED TO PROPERTY

including larceny, embezzlement, receiving stolen goods, extortion (blackmail),

Violence or intimidation as an element of robbery

• The offense is committed by a syndicate if it is planned or carried out by a

Rome (The Time of Christ)

The Stature of Winchester (England 1285 A.D)

1. The Watch and Ward Act;

Jonathan Wild (England 1720’s)

Henry Fielding (1749)

He founded the Bow Street Runners. This was

John Fielding (1753)

As a younger half-brother of Henry Fielding,

He also helped Henry to root out corruption and

Patrick Colquhoun (1800)

Patrick together with Master Mariner John

The force is known as the Marine Support Unit.

Eugene Francois Vidocq (France 1811)

Eugene Vidocq established a squad of

Dr. Edmond Locard

Edmond Locard published L Enquete

This became known as Locard Exchange of Principle.

Sir Robert Peel (London 1829)

British Statesman Sir Robert Peel established

Texas Ranger (1835)

Texas Ranger was organized as the first law

Boston, Massachusetts, USA (1851)

Multi-suspect identification line-up was employed for

Kate Wayne (U.S.A 1856)

Thomas Byrnes (USA 1866)

Jessie James Gang (USA 1866)

Howard Vincent (1877)

Alphonse Bertillon (France 1882)

He introduced the first systematic identification

The system recorded anthropometric measurements and persona characteristic such as

2. Head: length and width, length and width of right ear;

Francis Galton (England 1892)

Leland Kirk (1952)

A chemist Paul and forensic scientist, he is the

most known for his work on blood spatter

New York vs. Castro

Allan Pinkerton (1818-1884)

In 1850 he organized the Pinkerton’s

Dr. Hans Gross (1859-1930)

He was the earliest advocator of criminal investigation

Dr. Arthur C. Doyle (1859-1930)

CRIMINAL INVESTIGATION IN THE PHILIPPINES

The Bureau of Investigation was reorganized by virtue of

On September 5, 1994, the Criminal Investigation

A SOCO Team was appropriately organized to

LAWS RELATIVE TO CRIMINAL INVESTIGATION