• Crimes against property

What is Crime?
 crimes that are directed to person’s
➢ Is an act or the commission of an act that is belongings, intellectual properties and
forbidden or the omission of a duty that is money.
commanded by a public law and that makes the
offender liable to punishment by that law.
• Crimes against society
 crimes that are directed to the community’s
Article 3 of the Revised moral code and values. Crimes against
society.
Penal Code
States that act and omissions punishable by law are What is Special Penal Law?
felonies (delitos); Crimes are felonies. Moreover, The Revised Penal Code of the Philippines contains
felonies are committed not only by means of deceit antiqued provisions and it has largely been ineffective in
(dolo) but also by means of fault (culpa).
addressing organized crime, transnational crime,
cybercrime and such other emergent criminal activities
that proliferate today.
Three Types of Crimes These special Penal Laws are legislative provisions on
how to deal with special crimes that is not covered by the
• Crimes against the person
RPC such as carnapping, cybercrimes, drug trafficking,
 crimes that are directed to an individual kidnapping, smuggling, money laundering, etc.
person’s body, honor and life. It refers to a
broad array of criminal offenses which
usually involves bodily harm, or other
actions committed against the will or an
individual.
What is Mala in se and Mala Six Cardinal Points of
Prohibita? Criminal investigation
• Mala in se • What specific offense has been committed?
 Are crimes that are considered wrong in an • Who committed it?
of themselves.
• Where the offense was committed?
“Wrong in itself”
• When it was committed
• Mala prohibita
• Why it was committed?
 Are crimes that is criminalized strictly by
• How the offense was committed?
state and statutory law.
5Ws and 1 H
“Wrong because it is prohibited”

Three Elements of Crime

What is Criminal • Motive – reason that pushes the perpetrator to
commit an act with a definite result in mind.
Investigation • Opportunity – refers to the chance or the
Criminal investigation is the collection of facts in order to occasion to commit the act.
accomplish the three-fold aim: • Means – the capability of the perpetrator to
• To identify the guilty party commit the act using the available tools at hand.

• To locate the guilty party and

• To provide evidence to the suspect’s guilt.
It is a process of reconstruction of an event, which
incorporates logical deductive reasoning that leads to a
conclusion based on specific facts.
 • Follow Legal Guidelines
The Investigative Process
- Identifying, locating, and arresting the suspect through
A typical criminal investigation covers a extensive scope illegal means can result in miscarriage of justice. In order
of duties, methods, and objects. In order to attain a for the judicial system to render justice the investigation
successful resolution to the crime, the prober must must be conducted strictly within the legal guidelines.
possess and utilize some of the methodical process.

In order to filter out the important from the unimportant, a

Form a Hypothesis
scientific process must be employed. Apply Reasoning
1. Identify and State the Problem - In order to form a hypothesis, a prober must be
able to apply some type of reasoning to formulate
2. Form a Hypothesis
an idea about how the crime was committed, a
3. Test the Hypothesis (observe and experiment) subject’s involvement, or some other aspect f the
crime.
4. Interpret observations (results of experiment)
5. Draw a conclusion Examination of Motive,
Identify and State the Opportunity and Means
Problem - Traditionally, an examination of motive, opportunity and
means will produce one or more explanations.
Consider the Entire Problem
Observe and Experiment
- This step of process seems quite simple.
Once a hypothesis is developed, the investigator has
However, stating a problem is more than saying
direction to help identify evidence to support the
the perpetrator of a crime needs to be identified
investigation. The newly developed hypothesis can be
and arrested. A criminal investigator must identify
tested by observing individuals and their actions to see if
and take into consideration the entire problem.
they support the hypothesis.
Interpret Data motivations in the case. By using proven facts, the prober
should be able to draw conclusions concerning certain
• The prober must be careful to ensure that his/her aspects of the case.
personal bias does not unduly influence the data.
Interpreting means that the prober must evaluate
all the evidence, statements, and personal
observations in order to reach a conclusion. 5 Steps of the Investigative
• Weighing Data Process
- While interpretating all of the data in the cause, the
Identify and State the Problem
prober looks at each interview conducted and determines
what weight, if any, each must be given.  Identify suspect
 Locate suspect
Interpret Data
 Arrest suspect
Inconsistencies and Discrepancies
 Recover stolen property
- This same type of scrutiny must also be applied to
the victim if inconsistencies are identified in the  Use legal means
statement. Form a Hypothesis
Forming a Different Hypothesis  Motive
- If this step of the process down not yield a strong  Opportunity
indication of guilt, the prober may need to form another
hypothesis and take a difficult approach in the  Means
investigation.
Test the Hypothesis

Draw Conclusions  Evaluate hypothesis

 Modify/Reject hypothesis
The prober must employ not only deductive reasoning,
but mor importantly inductive reasoning to help reach  Experiment with hypothesis
final conclusions concerning, witnesses, evidences, and
Interpret Observations
Types of Crime Scene
 Interpret results of final observations and
experimentation. • Indoor

Draw Conclusions • Outdoor

 Has stated problem been answered? • Conveyance/Moving

 Does evidence support hypothesis?

Classification of Crime
 Has every facet of the investigation been
conducted within the law? Scene
 Do the facts of the case support Primary – Refers to the original site or first criminal
prosecution? activity.
Secondary – this may be subsequent places which may
Special Crime Investigation? include the victim’s home, suspect’s home or any other
comparable indoor or outdoor area.
deals with the study of major crimes based on the
application of special investigative techniques.
What is Physical Evidence?
- The investigation that require special training to fully
understand their broad significance. Are solid, semi-solid, or liquid material that may aid to
determine the truth during the investigation.
What is a Crime Scene?
Is an area or vicinity of occurrence of physical evidence.
 • Witness testimony can be supported by physical
Purpose of Recovering evidence.
Physical Evidence • Physical evidence can have powerful positive
impact on judge in criminal proceedings.
• Establish, trace or identify the suspect.
• Establish the suspect’s modus operandi. Procedure of Physical
• Proving or disproving alibi. Evidence
• Connecting or eliminating suspects.
• Marking – put initials, date and time directly on
• Identify stolen property, contraband, and other individual items of physical evidence.
illegal property.
• Tagging – Tagging services to help the
• Identify victims investigator identify evidence and facilitate
processing and handling by evidence custodian
• Providing investigating leads and laboratory technician.
• Providing the statutory elements of an offense • Maintaining the chain of custody of physical
evidence. Documented account of all those who
Role of Physical Evidence had custody of the evidence until disposal.
• Physical can be prove the elements of crime or
reveal that a crime has been committed.
• Physical evidence can link the suspect at the
scene.
• Physical evidence can eliminate innocent
persons.
• Suspects might confess with the presence of
physical evidence.
Collection Procedures The Four Main Tasks of the
• IOC must personally collect the evidences. First Officer on the Scene
• Before starting to collect any physical evidence, 1. To give first aid;
take photographs of everything.
2. To apprehend the suspected offender;
• Get every item of possible value. The closer to the
center of the crime, the more valuable the 3. To protect and if necessary, collect and preserve
evidence are. evidence; and

• Observe proper collection techniques/procedures 4. To cordon off and protect the area.
to avoid errors in the presentation of evidence.
• Marking procedures
Basic Types of Physical
Evidence
Package of Evidence
• Blood
• Correct packaging techniques are vital in
maintaining the integrity of the evidence. • Bullets

• A primary rule of packaging evidence is that, • Cartridge cases

whenever possible, the items should be sent to the • Clothing
crime lab intact.
• Explosive’s residues
• Fibers
Duty Of the First Responders • Fingernail scrapings

Upon arrival at the crime scene, the first responder shall • Firearms
assess whether the victim is still alive in case of violent
• Glass
incident and the same be brought to the nearest hospital
and shall endeavor to arrest the suspect/s if he is still at • Hair
the crime scene.
 • Incendiary materials Before an investigator begins a preliminary investigation
of a crime scene, he must be sure the scene is recorded
• Paint
in detail. The recording process is accomplished in
• Powder residues several ways though sketches, video tape, and
photography.
• Serial number restoration
• Shot and powder restoration
• Shotgun pellets and wads
• Shotgun shells Crime Scene Photographs
• Soil The main function of a crime scene photograph is to
• Tools Marks provide information which will assist in the investigation
and prosecution of the case. Photographs are valuable is
• Wood three areas:
• They provide the police and prosecution with an
Crime Scene Notes accurate pictorial of the appearance of object in
Notes at the crime scene should be made in order of the position at the crime scene.
various phase of the examination. By placing the • They said the questioning of suspects and
documented notes on a chronological order will witnesses.
systemize the investigation, and will avoid possible error.
• They will enable the judge to gain a better
Make the notes clear, legible, complete, and to the point. understanding of the crime scene and evidence so
Always recheck the notes to see that nothing is forgotten. that he, in turn, can evaluate testimony of the
Crime Scene Photographs witness in an intelligent manner.

In crime scene investigation, photography is invaluable.

There cannot be instant replay of the crime, but the crime
scene can be preserved with photographs.
 • Date and time taken.
Crime Scene Photographs
• Weather and light conditions.
Crime scene photographs should show the relationship of
various objects of evidence to one another. The objects • Exposure data.
should also be shown in their relationship background. The type of equipment used.
The type of photographs usually include:
• Overall photographs showing a general view of the Crime Scene Sketches
scene and its surroundings.
The word sketch means to draw to scale, with important
• The attack scene and its surroundings. dimensions at the scene being shown to a good degree
of accuracy. Legally, the sketch or diagram to be
• Photographs of evidence in place before anyone
admissible in court must:
moves anything.
• Be part of some qualified person’s testimony;
Photographs of fingerprints, tire marks, tool marks, shoe
tracks, etc. • Relate the observed situation (the person must
have seen the area);
Due to the fact that many courts object to markings or
marking devices appearing in a photograph, it should be • Express it (the crime scene) correctly.
taken in two ways:
A sketch is made for several reasons:
• First, with no marking
• To refresh the memory of the investigator;
• Second, with the marker
• To reflect the precise location of objects and their
A complete record of each photograph taken should be relationship to other objects and surroundings;
made in the investigator’s notebook. The record should
include the following: • To assist the prosecutor and the judge in
understanding conditions at the crime scene;
• Identify the photograph with the offense.
• To supplement photographs;
• The name of the photographer.
• To assist in questioning of witness and suspects.
• The camera position.
 the investigation. They enable the investigator to
Rules for Field Sketching testify with confidence and accuracy.
The following rules for field sketching can serve as a
guide in recording the observable material facts: Crime Scene Search
• Essential Details – before starting to draw the • The Strip Method – start along one side of the
sketch, the investigator must decide what and how crime scene and walk in a straight line across the
much to include in the sketch. Observable facts area to be searched.
which are relevant to the case should be included
• The Grid Method – also know as the double strip
• Keep it Simple – to be effective the sketch should method, is that you overlap your area of search
be kept as simple as possible. several times, thereby researching the crime
scene for any possible evidence overlooked the
• Be Complete – the drawing should not clutter with
first time.
irrelevant items, but it should be made complete
enough to permit construction of a detailed • The Spiral Method – with this method, you start at
drawing later. a specific point near the center of the crime scene
and then work your way outward in a clockwise
• Directional Points – the investigator should orient
manner.
all sketches by indicating the direction with an
arrow on the sketch pointing north. • The Zone Method – with this method of search
divides an area into zones and sub zones for
• Exterior sketches are usually made with
intense searching. Each zone is then checked with
north at the top of the paper.
one of the search patterns described earlier.
• Interior sketches such as of a rectangular
room, are usually drawn to conform to the
rectangular shape of paper, so the compass
heading must be included.
• Include Measurements – the exact position of all
important objects should be located by making
accurate measurements. Careful measurement
eliminates the guesswork in location items during
 5. With evident premeditation.
DESTRUCTION OF LIFE
6. With cruelty, by deliberately and inhumanly
Parricide, Murder, Homicide augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
Art. 246. Parricide. — Any person who shall kill his
father, mother, or child, whether legitimate or illegitimate, Art. 249. Homicide. — Any person who, not falling within
or any of his ascendants, or descendants, or his spouse, the provisions of Article 246, shall kill another without the
shall be guilty of parricide and shall be punished by the attendance of any of the circumstances enumerated in
penalty of reclusion perpetua to death. the next preceding article, shall be deemed guilty of
homicide and be punished by reclusion temporal
Art. 248. Murder. — Any person who, not falling within
the provisions of Article 246 shall kill another, shall be Autopsy – is also called necropsy, postmortem, or
guilty of murder and shall be punished by reclusion postmortem examination, dissection and examination of a
temporal in its maximum period to death, if committed dead body and its organs and structures to determine the
with any of the following attendant circumstances: cause of death; to observe the effects of disease, and to
establish the sequences of changes and thus establish
1. With treachery, taking advantage of superior strength, evolution and mechanism of disease process.
with the aid of armed men, or employing means to
weaken the defense or of means or persons to insure or Death – the total cessation of life processes that
afford impunity. eventually occurs in all living organism. The state of
human death has always been obscured by mystery and
2. In consideration of a price, reward, or promise. superstition, and its precise definition remains
3. By means of inundation, fire, poison, explosion, controversial, differing according to culture and legal
shipwreck, stranding of a vessel, derailment or assault systems.
upon a street car or locomotive, fall of an airship, by • The absence of live in a living matter.
means of motor vehicles, or with the use of any other
means involving great waste and ruin.
Homicide Investigation
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a Is the official inquiry made by the police on the facts
volcano, destructive cyclone, epidemic or other public and circumstances surrounding the death of a person
calamity. which is expected to be unlawful.
Responsibilities of a Three Bridges
Homicide Investigator • The body has been moved.

• When called upon to investigate violent death, he • The cadaver was embalmed.
stands on the dead man’s shoes to produce his • The body is burned or cremated.
instincts against those suspects.
• The enthusiasm and intelligence the investigator The prober must establish
brings to the case marks the difference between a
murderer being convicted and set free. • The corpus delicti or facts that the crime was
committed.
• If he interprets a criminal death accidental or
natural, a guilty person is set free. • The method of operation of the suspect. (Modus
Operandi)
• Remember that the police is the first line of
defense in the effective application or criminal • The identity of the guilty party.
justice
Investigation Procedures
Mistakes in the Homicide Upon arrival at the crime scene:
Investigator • Note time of arrival and weather condition.

• The homicide prober should not cross the three • Identify self and hold everyone at scene for
bridges which he burns behind him. It is important questioning.
that competent personnel adequately handle the • If suspect is present, arrest immediately.
case
• Prevent anyone from touching body or disturbing
• These mistakes cannot be corrected. anything pending arrival of laboratory technicians
and the medico legal officer.
• Prevent unauthorized persons from entering the
scene.
• Take names and addresses of all persons present • Look for bullet holes, empty shells, and
and endeavor to ascertain name of suspect/s. bloodstains. Note and mark location.
• Keep the room and immediate area clear of all but • Search for visible and latent prints, foot prints,
authorized persons who are on official business. tools, wires, teeth, hair, fiber, buttons, etc.
• Keep witnesses separated to prevent • Search for other traces and clues.
conversation.
• Determine if traces came from victim, perpetrator,
• Examine the crime scene or third party. It is possible that false clues may be
deliberately planted.
• Note position of the body.
• Search terrain around premises or other area
• Examine the clothing and its position noted.
where victim was discovered, noting, vegetation,
• Photograph, sketch and note down traces on the condition of soil, footprints, etc.
body and on clothing
• Determine movements of victim and perpetrator.
• Take photographs to show body in original position
• Based on the position of the victim, traces of
with relation to stationary objects route of the
violence, position of bloodstains and weapon, try
culprit, and another important location
to visualize what has taken place.
• Make diagram of scene. If something has been
• Search for clues. Follow to the end. Investigate
altered before arrival, the original position of
theory.
objects sketched and photographed should be
established with the aid of witnesses. • Preserve evidence.
• Note weather at the time when the crime was • Record findings.
discovered and when the officer arrived.
• Examination of doors, windows, and furniture will
disclose the probable direction of entry and exit of
the offender. Note position and whether doors are
open, closed, or have been moved from last
known position before the homicide.
 physicians/medical doctors can establish the fact of
Homicide Investigation death.
Procedures For this reason, the police officer should never assume
death unless the condition of the victim’s body
• Criminal investigation of homicide is a discovery demonstrates death in a totally obvious manner.
process. The investigator seeks to discover and
document such facts as:
The Dying Declaration
 Type of death,
In law, such statements are permitted to be given in
 Identity of the deceased, evidence. This allowance is an exception to the rule
 Cause of death, excluding hearsay evidence from the consideration of the
judge.
 Motivation of the suspect and
The exception is based on the assumption that
 Identity of the perpetrator. statements made by a dying person in the apprehension
of death are trustworthy as those made in open court
In order to resolve these fundamental questions, the
under oath.
investigation will focus on the cadaver, crime scene and
post mortem examination. However, dying declarations made by those other thank
the victim of a homicide are inadmissible to court, in civil
• The cadaver is often of prime importance as an
and criminal cases.
investigative factor. The victim’s body can reveal
much through examination of wounds and other
types of tracing clues that may be present. Three Stages of Death
• Somatic Death/Clinical Death
Establishing the facts of
- It is a complete, continuous, persistent
death cessation of respiration, circulation and
almost all brain functions of an organism. It
The first essential step of homicide investigation is to is usually pronounced by a physician or
establish that the victim is indeed dead. Police officers do other members of the family
not have the legal authority to pronounce death, ONLY
• Molecular Death/Cellular Death
- It is the cessation of life of the individual
cells in the body, which occurs one at a
time after somatic death.
• Apparent Death/State of Suspended Animation
- It is the state of temporary cessation of vital
activities of the body or vital processes
were depressed to the minimum compatible
with life