SPECIAL CRIME INVESTIGATION

INTRODUCTION
 Special Crime Investigation deals with the study of major crimes based on the application
of special investigative technique.

 The study concentrates more on physical evidence, its collection, handling, identification
and preservation in coordination with the crime laboratory. Special Crime Investigation
involves a close relationship between the prober in the field and the crime laboratory
technician. They work together as a team, reacting to and extending one another’s
theories and findings both working patiently and thoroughly to solve a crime from their
investigative discoveries.

 The present criminal justice system in our country, the court relies more on physical
evidence rather than extra-judicial confession.

Example of cases subject to special crime investigation

1. Robbery
2. Arson
3. Kidnapping
4. Abortion
5. Rape
6. Murder
7. Homicide
8. Car napping
9. Criminal Negligence
10. Drug Cases

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Responsibilities of Special Crime Investigators
For a competent response in controlling criminals the following responsibilities are
required to be meticulously performed by the investigator in handling special crime cases.
1. Determined if the crime has been committed
2. Verify Jurisdiction
3. Discover all facts and collect physical evidence
4. Recover Stolen Property
5. Identify the perpetrator
6. Locate and apprehend the perpetrator
7. Aid in the prosecution of the perpetrator
8. Testify effectively in court

Phases of Special Crime Investigation

The investigator of criminal offenses by the law enforcement agencies can be divided
into three general phases.
1. Preliminary Investigation
2. In – depth Investigation
3. The concluding investigation

Deductive Reasoning – is one you decide is the answer of the case and which you then attempt
to prove with collection of facts.

Inductive Reasoning – collects all the facts available first and allows them to determine the
judgement.

CRIME SCENE
The place where the essential ingredients of the criminal act took place. It includes the
setting of the crime and also the adjoining places of entry and exit both offender and victim.
Three types of crime scenes
 Outdoor crime scene – is the most vulnerable to loss, contamination and damaging
effects on biological evidence in a short period of time.

 Indoor crime scene – compared to an outdoor scene evidence at an indoor scene is

generally less susceptible to environmental loss and deleterious change.

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  Conveyance crime scene – conveyance means of transportation.
The types of crimes committed in conveyances including the following:
 Vehicle burglary
 Grand theft
 Car theft

Primary Crime Scene VS Secondary Crime Scene

 The primary crime scene is a type of crime scene where a crime actually occurred.

 A secondary crime scene is in some way related to the crime but is not where the actual
crime took place.

BASIC COMPONENTS OF CRIME SCENE

A. Suspect arrival at the scene
B. Place of entry
C. Movement of suspect from point of entry
D. Suspect contact with the victim
E. Place of exit

PHYSICAL EVIDENCE
Articles and materials which are found in connection with an investigation and which aid
in establishing the identity of the perpetrator or the circumstances under which the crime was
committed or which in general, assists in the prosecution of the criminal.

KINDS OF PHYSICAL EVIDENCE

Corpus Delicti – objects or substances which are an essential part of the body of the
crime.
Associative Evidence – evidence which links the suspects to the crime scene or offense.
Fingerprints or shoe impressions are good examples.

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 Tracing Evidence – articles which assists the investigator in locating the suspect.
Characteristics of Physical Evidence
a. Physical Evidence are factual
b. Physical Evidence does not forget
c. Physical Evidence are not confused by the excitement of the moment
d. Physical Evidence cannot perjure
When will physical evidence value diminish?
a. When human fails to find it.
b. When human fails to study it.
c. When human fails to understand it.

MODUS OPERANDI
It is a Latin term for mode, a method of operations in police work. It is used in
connection with the activities of a criminal. It includes individual peculiarities, methods,
techniques, tools used in committing the crime, and the physical condition of the crime scene.

FACTORS INFLUENCING MODUS OPERANDI

1. Opportunity, need, desire, motive & intent
2. Knowledge (obtained by study, experience prolong association with other criminals)
3. Experience (learned from past methods)
4. Condition (Ex: Barred windows)

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 CRIME SCENE PROCESSING AND INVESTIGATIVE PROCEDURE AND CRIME
SCENE DOCUMENTATION

CRIME SCENE PROCESSING

It involves the basic crime scene protocol which includes interview of complainant and
witnesses and photographing the crime scene, making a sketch, collection of evidences for
laboratory examination and analysis.
PNP Operational Procedures Rule 13
Sec 2. Upon receipt of a report/complaint of a crime incident, the desk officer shall:
 Record the time the report/complaint was made, the identity of the person who made the
report place of the incident and a synopsis of the incident.
 Inform his superior officer or the duty officer regarding the report.
Upon receipt of call/walk-in complainants Duty Desk Officer shall:
a. Record the time it was reported;
b. Get the identity of the caller/complainant;
c. Get the place of the incident;
d. Get the nature of the incident;
e. Get the number of victim/s;
f. Record a brief synopsis of the incident;
g. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first
responder equipped with “police line” to secure the place of incident a camera; and
h. Inform the duty investigator (preferably one team of investigators).
Sec. 3 First Responder
 Any police officer who first arrives at the crime scene and shall endeavour to protect and
secure the same as follows:
 Cordon off the crime scene with whatever available materials like ropes, straw, human
barricade police line if available etc.
 Evacuate injured person to the nearest hospital
 Prepare to take dying declaration of severely injured person
 Prevent entry/exit of persons within the cordoned area
 Prepare to brief the investigators of the situation upon the arrival

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The Four Main Task of the first officer on the scene
 To give first aid
 To apprehend the suspected offender
 To protect and if necessary collect and preserve evidence
 To cordon off and protect the area

General Investigative Procedure

PURPOSE
This investigative procedure is designed to adapt to the current trends in modern
investigation, in line with the PNP Integrated Transformation Program which seeks to improve
and integrate the different manuals used by the PNP to serve as guide in all aspects of police
investigation.
PROCEDURES
At the crime scene
The First Responder shall perform his/her duty:
-check the condition of the victim while the other members of the first responders shall
simultaneously secure the area by putting a police line or any material (like rope, straw and etc).
a. If in serious condition
1. Bring the victim immediately to the nearest hospital using emergency services;
2. Photograph and make a sketch of the victim (if the victim is dead);
3. Get the dying declaration; if necessary (ask 3 questions)
Ex: What is your name and address? Who did this to you?, DO you know that you are
about to die because of your injury?
However, if there is still a chance to ask more questions, then follow-up should be done. The
statement, once reduced into writing, shall be duly signed by or with thumb mark of the victim.
b. If not in serious condition
1. Bring the victim immediately to the nearest hospital using emergency services;
2. Get the identity and other data of the victim;
3. Get initial interview from the victim
Note: The other member/s of the first responders shall remain at the crime scene to secure the
premises.

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c. If the suspect is arrested at the scene
1. Get the names of the persons who turned-over or arrested the suspect.
2. Isolate the arrested suspect/s and separate them from any probable witness of the
incident.
3. Record what time the suspect was arrested.
4. Wait for the investigator to interview the suspect.
5. If the suspect volunteers any statement, take note of the time, location and
circumstances of the statements.
Investigation Procedure at the Crime Scene
Upon arrival at the crime scene:
1. Receive the crime scene from the first responder.
2. Record time/date of arrival at the crime scene, location of the scene, condition of the
weather, condition and type of lighting, direction of wind and visibility.
3. Photograph and/or video the entire crime scene.
4. Before entering the crime scene, all investigators must put on surgical gloves.
5. Before touching or moving any object at the crime scene in a homicide or murder case,
determine first the status of the victim, whether he is still alive or already dead.
Note: If the victim is alive, the investigator should exert effort to gather information from the
victim himself regarding the circumstances of the crime, while a member of the team or someone
must call an ambulance from the nearest hospital. Before removing the victim, mark, sketch and
photograph his/her relative position. Only a coroner or a medical examiner shall remove the dead
body unless unusual circumstances justify its immediate removal.
6. Designate a member of the team or ask other policemen or responsible persons to stand
watch and secure the scene, and permit only authorized persons to enter the same.
7. Identify and retain for questioning the person who first notified the police, and other
possible witnesses.
8. Determine the assailant through inquiry or observe him if his identity is immediately
apparent. Arrest him if he is still in the vicinity.
9. Separate witnesses in order to get independent statements.
Recording
The investigator begins the process of recording pertinent facts and details of the
investigation the moment he arrives at the crime scene. (He should record the time when he was
initially notified prior to his arrival). He also writes down the identification of persons involved

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and what he initially saw. He also draws a basic sketch of the crime scene and takes the initial
photograph (if a photographer is available, avail his services). This is to ensure that an image of
the crime scene is recorded before any occurrence that disturbs the scene.
“As a rule, do not touch, alter or remove anything at the crime scene until the evidence has
been processed through notes, sketches and photograph, with proper measurements. “
Searching for evidence
1. Each crime is different, according to the physical nature of the scene and the crime or
offense involved. Consequently, the scene is processed in accordance with the prevailing
physical characteristics of the scene and with the need to develop essential evidentiary
facts peculiar to the offense. A general survey of the scene is always made, however, to
note the locations of obvious traces of action, the probable entry and exit points used by
the offender(s) and the size and shape of the area involved.
2. In rooms, buildings, and small outdoor areas, a systematic search of evidence is
initiated (In the interest of uniformity, it is recommended that the clockwise movement be
used.) The investigator examines each item encountered on the floor, walls, and ceiling to
locate anything that may be of evidentiary value.
3. You should give particular attention to fragile evidence that may be destroyed or
contaminated if it is not collected when discovered.
4. If any doubt exists as to the value of an item, treat it as evidence until proven
otherwise.
5. Ensure that the item or area where latent fingerprints may be present is closely
examined and that action is taken to develop he prints.
6. Carefully protect any impression of evidentiary value in surfaces conducive to making
casts or molds. If possible, photograph the impression and make a cast or mold.
7. Note stains, spots and pools of liquid within the scene and treat them as evidence.
8. Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to the
area in which they are found; for example, matter found under the victim’s fingerprints.
9. Proceed systematically and uninterruptedly to the conclusion of the processing of the
scene. The search for evidence is initially completed when, after a thorough examination
of the scene, the rough sketch, necessary photograph and investigative notes have been
completed and the investigator has returned to the point from which the search began.
10. Further search may be necessary after the evidence and the statements obtained have
been evaluated.
11. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet
wide. The policeman may first search the strip on his left as he faces the scene and then
the adjoining strips.

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 12. It may be advisable to make a search beyond the area considered to be the immediate
scene of the incident or crime. For example, evidence may indicate that a weapon or tool
used in the crime was discarded or hidden by the offender somewhere within a square-
mile area near the scene.
13. After completing the search of the scene, the investigator examines the object or
person actually attacked by the offender.
14. In a homicide case, the position of the victim should be outlined with a chalk or any
other suitable material before the body is removed from the scene.
Note: If the victim has been pronounced dead by a doctor or is obviously dead, it is usually
advisable to examine the body, the clothing and the area under the body after the remainder of
the scene has been searched. This is to enable the policeman/investigator to evaluate all objects
of special interest in the light of all other evidence found at the scene.
Markings of Evidence
Any physical evidence obtained must be marked or tagged before its submission to the
evidence custodian. These are information to ensure that the items can be identified by the
collector at any time in the future. This precaution will help immeasurably to establish the
credibility of the collector’s report or testimony and will effectively avoid any suggestions that
the item has been misidentified.
Markings on the specimen must at least contain the following:
1. Exhibit Case Number
2. Initials and or signature of the collecting officer.
3. Time and date of collection.
NOTE: It is also important to note the place or location where the evidence was collected.
Evaluation of Evidence
Each item of evidence must be evaluated in relation to all the evidence, individually and
collectively. If necessary, these pieces of evidence must be subjected to crime laboratory
examination. Example: firearms for ballistic examination, hair strands etc.
Preservation of Evidence
It is the investigator’s responsibility to ensure that every precaution is exercised to
preserve physical evidence in the state in which it was recovered/ obtained until it is released to
the evidence custodian.
Releasing of Evidence
All collected evidence can only be released upon order of the court or prosecutor, as the
case maybe.

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Chain of Custody
A list of all persons who came into possession of an item of evidence, continuity of
possession, or the chain of custody, must be established whenever evidence is presented in court
as an exhibit. Adherence to standard procedures in recording the location of evidence, marking it
for identification, and properly completing evidence submission forms for laboratory analysis is
critical to chain of custody. Every person who handled or examined the evidence and where it is
at all times must be accounted for. As a rule, all seized evidence must be in the custody of the
evidence custodian and deposited in the evidence room or designated place for safekeeping.
CHAIN OF CUSTODY
(Change of Possession)
1. The Scene
2. Evidence – Seal, Markings, Evidence Log
3. Evidence Collector (Officer on Case)
4. Letter Request
5. Crime Laboratory
6. Result
7. Evidence Custodian
8. Court order (Subpoena)
9. Court Presentation
Transmittal of Evidence to Crime Laboratory
Proper handling of physical evidence is necessary to obtain the maximum possible
information upon which scientific examination shall be based, and to prevent exclusion as
evidence in court. Specimens which truly represent the material found at the scene, unaltered,
unspoiled or otherwise unchanged in handling will provide more and better information upon
examination. Legal requirements make it necessary to account for all physical pieces of evidence
from the time it is collected until it is presented in court. With these in mind, the following
principles should be observed in handling all types of evidence:
1. The evidence should reach the laboratory in same condition as when it was found, as
much as possible.
2. The quantity of specimen should be adequate. Even with the best equipment available,
good results cannot be obtained from insufficient specimens.
3. Submit a known or standard specimen for comparison purposes.

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 4. Keep each specimen separate from others so there will be no intermingling or mixing
of known and unknown material. Wrap and seal in individual packages when necessary.
5. Mark or label each of evidence for positive identification as the evidence taken from a
particular location in connection with the crime under investigation.
6. The chain of custody of evidence must be maintained. Account for evidence from the
time it is collected until it is produced in court. Any break in this chain of custody may
make the material inadmissible as evidence in court.
What is the evidence needed to file a crime?
1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – Autopsy, weapons used and other Forensic Reports.
4. Other relevant evidence

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 Crime Scene Documentation

Crime Scene notes

 note the condition outside the building or at the crime scene;
 exact location of the crime
 describe the area, interior and exterior
 note observation to the general environment including the people present
Importance of Note Taking
a. It forces the investigators to commit their observation in writing.
b. It enables them to keep detailed record of everything they see and do.
Rules on Note Taking
a. Notes should be taken in chronological order.
b. It should detail each step and every action the officers makes.
c. Notes should be complete and thorough
Crime Scene Photograph
As the saying goes, “a picture is worth a thousand words.” Crime scene can be preserved
by photograph.
Photographs are valuable in three (3) areas:
 It provides the police and prosecutor with an accurate pictorial of the appearance and
position of objects at the scene
 Aid in the questioning of suspects and witness
 Enable the judge the gain better understanding of the crime scene and evidence, and in
turn can evaluate the testimony of the witness.
Types of Photograph
 General/Long-range
 Medium range
 Closed up range
Crime Scene Sketch
 A crime scene sketch depicts the overall layout of a location and the relationship
of evidentiary items to the surroundings. It can show the path a suspect or victim
took and the distances involved. It can be used when questioning suspects and
witnesses.
 The crime scene sketch is a simple line drawing that indicates the position of the
body in relation to fixed and significant object in the scene.

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  The sketch is the simplest and the most effective way of showing actual
measurements and of identifying significant items of evidence in their location at
the scene. Sketching is supplementary to photography.
Important reasons of sketch or diagram:
 To refresh the memory of the investigator
 To reflect the exact location of objects and their relationship to other objects
 To assist the prosecutor and the judge in understanding conditions of the crime scene
 To supplement photographs
 To assist in questioning of witnesses and suspects.

KINDS OF SKETCH
 Rough sketch-made in the crime scene, thus informal
 Finished sketch- made in the police station or investigator’s office and carefully drawn
and labelled.

KINDS OF POLICE SKETCHING

 Sketch in locality-This type of sketch gives a picture of the crime scene and its environs,
including neighbouring building and roads leading to the location of the house.
 Sketch of the ground-This sketch gives picture at scene with its nearest physical
surroundings, such as a house with garden, floors in a house.
 Sketch of details-This sketch describe the immediate scene only. Like the room which
the crime was committed.
 Cross projection- In this method, floors, walls and ceilings are pictured.

ELEMENTS OF SKETCHING
 Measurements
 Compass Directions – a standard arrow to designate the North must indicated to facilitate
proper orientation.
 Essential Items – sketch must include important items of investigation.
 Scale or Proportion – it must be accurate.
 Legend – the explanation of any symbols used to identify objects must be stated. But
excessive lettering in the sketch generally results in a crowded sketch and obscures the
essentials items.
 Title – this includes case identification, identification of the victim, scene portrayed,
location, date and how made and name of sketcher.

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DIFFERENT CRIME SCENE SKETCH MEASUREMENT
 Rectangular Coordinate Method
 Baseline/Station Line
 Triangulation/Trilateration Method
 Azimuth/Polar Coordinate

Rectangular Coordinate Method

The coordinate method employs the practice of measuring an object from two fixed
points of reference. Once such procedure is the baseline technique in which a line is drawn
between two points.
Baseline/Station Line
Measurement are obtained by securing a steel tape measure on the floor, ground or
roadway extended through the scene
Triangulation/ Trilateration Method
The triangulation method is a bird’s eye view of the scene utilizing fixed objects from
which to measure. This is particularly useful for sketching outdoor crime scenes where there are
no easily identifiable points of reference.
Azimuth/Polar Coordinates
This method requires two people one to hold each end of a tape measure. This type of
measuring convention is best suited for large open areas where there might not be any fixed
reference points.

CRIME SCENE SEARCH

The investigating officer should look the scene over for several angles, to grasp the whole
scene and then formulate a plan for searching the scene. A proper approach prevents fouling any
evidence and trooping through the area haphazardly may trample.
Detailed Search
The search for physical evidence is done during using the accepted methods of search
depending upon the actual location to be searched.

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Different Crime Scene Search Method
Strip Method/Line Search Method
Start along one side of the crime scene and walk in straight line across the area to be
searched then return to the original side you started from and again walk across the search area
but slightly above the previous line of search.
Double Strip Search Method
The double strip search is a modification of the strip search method. Here the rectangle is
traversed first parallel to the base then parallel to the side.
Zone or Sector Method
This method divides the scene into equal zone. One searcher is normally assigned to each
sector with responsibility for all that occur in the scene.
Wheel Method
The searchers gather at the center of the scene and move out in these spool – like
directions. The obvious drawbacks in this method are the possibility of ruining evidence when
gathering at the center and every increasing distance between the searchers as the investigators
move onward.
Spiral Method
Usually begins from the outer perimeter of the scene, moving inward in a constricting
circular fashion.

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 EVIDENCE COLLECTION, HANDLING AND TRANSPORTATION
In the conduct of crime scene investigation for crimes of violence and other crimes, the
crime scene processing or the evidence collection, handling and transportation shall primarily be
conducted by the SOCO specialists of Crime Laboratory. However, in some instances the First
Responder or the Investigator-on-case may have to collect evidence that might otherwise be
destroyed or contaminated if uncollected. In such cases, the collection should be properly
handled and documented. The following procedures are set as guide not only for the SOCO team
but may also apply to any crime scene investigator in the collection and handling of evidence.
The collection and submission of standard samples for comparison, however, must be done by
the Crime Laboratory.
General Rules for the Collection and Preservation of Biological Materials
a. Use protective gloves.
1) If possible, avoid touching individual smears/traces. Remember that gloves can entail a risk of
contamination.
2) Change gloves after handling each kind of material and otherwise as necessary.
3) Use disposable equipment for preliminary tests and collection of trace evidence.
4) Cover surfaces where materials are to be placed with protective paper.
Keep victims‟ and suspects‟ clothes separate.
b. Avoid coughing or sneezing on evidence/materials.
c. Packaging of biological materials.
1) Use paper packaging for all biological materials or materials that are soiled with biological
matter. Although plastic bags are useful in many
cases, they cannot be recommended for routine use on account of residual moisture.
2) Separate outer packages are to be used for trace evidence and for clothes from persons
involved.
3) Do not mix materials/samples from different people, for example clothes, in the same parcel.
4) Fold the opening of the bag twice and seal with tape. Envelopes should also be sealed with
tape.
d. Special precautions
1) Make an explicit note if a person from whom material has been collected is suspected of
having an infectious disease.
2) Prevent contamination by avoiding all contact between collected evidence and clothes seized
from people.

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3) Packages containing collected materials must not be opened until the examination in the
laboratory is to commence. The only exception is when moist or wet material must be dried out
under normal room conditions.

The Collection and Preservation of Blood

Type of Procedure Packing/storage

evidence/samples
Blood on removable Remove the whole object Put each piece of material in a paper
materials packaging and seal with tape. If the
material is wet or moist, pack each
piece of material in a plastic bag
sealed with tape. Open and allow to
dry on arrival at the police station.
Send to the PNP CL in wrapping
paper or an envelope.
Pools of blood Collect blood on some swabs. In the Put the swabs in the swab wrapper or
case of larger accumulations of blood, a folded piece of paper. Package in
take several samples an envelope,
from various places. store dry and cool.
Blood in Water Collect on several swabs. Put the swabs in the swab wrapper or
a folded piece of paper. Package in
an envelope,
store dry and cool.
Collect water with a clean pipette or Pour the water into a clean, dry test
syringe. tube with a cork or a
vacuum tube with a purple cork.
Dry blood If possible, cut away part of the Put each sample in a paper bag or
surrounding material. envelope. Keep dry and cool.

If this is not possible, moisten a swab Put the swabs in the swab wrapper or
with water. Rub it until it becomes a folded piece of paper. Package in
dark brown/red or until the swab an envelope, store dry and cool.
absorbs all the blood.

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Type of Procedure Packing/storage
evidence/samples
Semen or saliva on Remove the whole object. Put each piece of material in a
removable materials separate paper bag. Unpack on
arrival at police station and dry at
room temperature. Send to
the PNP CL in paper bags.
Moist semen or saliva Collect part of the sample on some Put the swabs in the swab wrapper
swabs. or a folded piece of paper. Package
in an envelope.
Store dry and cool.
Draw off liquid with a clean pipette Pour the liquid in a clean, dry test
or syringe. tube with a cork or a vacuum tube
with a purple cork. Store in a
refrigerator. Send to the PNP CL
by refrigerated
transport.

Semen in condom Close the condom with a clip. Keep in a refrigerator and send to
the Crime Lab as soon as possible
by refrigerated
transport.

Dried semen or saliva If possible, cut out part of the Put each sample in a paper bag or
surrounding material. envelope. Store cool and dry.
Otherwise, moisten a swab with Air dry and put the swabs in the
water. Rub it until it is saturated. swab wrapper or a folded piece of
paper. Package in an envelope.
Store dry and cool.
The Collection and Preservation of Semen or Saliva

The Collection and Preservation of Urine

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 Type of Procedure Packing/storage
evidence/samples
Urine Collect in a plastic bottle or other Keep in a refrigerator. Send to the
suitable container. PNP CL by refrigerated
Transport.
Reference samples for Collect 20 ml in two test tubes with Keep the tubes in a refrigerator.
drug/ screw caps.
alcohol analysis

The Collection and Preservation of Body Fluids

Type of Procedure Packing/storage
evidence/samples
Mouth samples Take samples from the oral mucous Put the swabs in the swab wrapper
membrane by rubbing two swabs or a folded piece of paper.
against the inside of the mouth, teeth Package in an envelope. Store dry
and top and bottom and cool.
of the tongue.
Dry smears of blood, Collect with swabs, moistened with Air dry and put the swabs in the
saliva (licks, kisses, bites, sterile water or tap water. swab wrapper or a folded piece
spit etc.) and
of paper. Package in an envelope.
Semen Store dry and cool.
Vaginal samples Collect samples on swabs, two Put the swabs in the swab wrapper
swabs each from at least three or a folded piece of paper.
different places, e.g. introitus, cervix Package in an envelope. Store dry
and anterior fornix. and cool.
Anal sample Collect samples on swabs from the Put the swabs in the swab wrapper
anus and rectum. or a folded piece of paper.
Package in an envelope.
Store dry and cool.
Penis sample Collect the sample on two swabs Put the swabs in the swab wrapper
moistened with sterile water or tap or a folded piece of paper.
water. Package in an envelope.
Store dry and cool.
Finger rub Rub the cuticles and finger tops with Put the swabs in the swab wrapper

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 Sampling of a suspected one moistened swab for each hand. or a folded piece of paper.
perpetrator Package in an envelope. Store dry
and cool.
Samples for drug/ 10 ml of venous blood in a vacuum Keep the tubes in a refrigerator.
alcohol analysis tube (with a grey stopper)
And 20 ml of urine in two test tubes
with screw caps.
DNA typing from Preferred alternative: venous Keep the tubes in a refrigerator.
Living persons (must be Blood in a vacuum tube (with a
taken by Dr/nurse) purple stopper).
DNA typing from Second alternative: Air dry and put the swabs in the
Living persons (must be swab wrapper or a folded piece of
A saliva sample is taken with two
taken by Doctor or paper. Package in an envelope.
swabs that are rubbed against the
nurse) Store dry and cool.
oral mucous membrane.
Third alternative: about 10 hairs with Place in a folded piece of paper
pulled out roots. and insert in an envelope.
DNA typing from Dead Blood in a tube. Keep the tubes in a refrigerator
persons (must be taken and send to the PNP CL by
by doctor or nurse)
Refrigerated transport.
1 cm3 muscle sample or 10 hair Place tissue samples in plastic
containers. To be frozen if they
Roots. If putrefaction has set in, take
are not sent to the PNP CL the
a 1 cm3 bone marrow
Same day.
Sample.

Evidence Packaging/Marking and Sealing

a. Acceptable packaging containers (depending on the type of evidence) include:
1) Paper bags
2) Plastic bags (clear plastic is preferred for drug cases)
3) Boxes - sturdy cardboard
4) Manila envelopes
5) Small glass vials (typically arson and liquid drugs)
6) Metal cans (typically arson)

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b. Acceptable seals
1) Tamper-proof evidence tape
2) Reinforced packaging tape
3) Heat seal
A package is considered as sealed if the contents are properly secured in place and the
seal/container is not tampered.
Manila Envelope Clasps, Ziplock Bags And Staples Do Not Constitute An Acceptable
Seal. The person sealing the evidence shall place his initial or individual identifier across the seal
or tape on the package.
c. Information on each package should minimally include:
1) Name of the Agency
2) Agency case number
3) Item number
4) Date
5. The investigator’s identifier
d. Additionally, packaging of evidence should include:
1) Where the item was found
2) By whom
3) Date & time found
4) Description of item

SCENE OF THE CRIME OPERATION (SOCO)

Standard Operating Procedure
 The recovery of physical evidence during investigation of crime scene is the most
important task of current law enforcement. In most cases the material items of evidence

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 and descriptive information collected from the scene of the crime make a big difference
in the success and failure of cases in court.
 The capability of the crime laboratory to provide scientific interpretation and information
depends on the recognition, recovery and documentation of the evidence in the crime
scene.
 This SOP will set forth the mission, objectives, concepts of SOCO and the functions and
responsibilities of personnel involved in SOCO and also the investigators handling the
case.
COMPOSITION OF SOCO TEAM
The SOCO team is composed of but not limited to the following depending on the nature of the
case.
 Team Leader
 Assistant Team Leader
 Photographer and Photographic Log Recorder
 Sketcher, Measurer
 Evidence recorder/Custodian
 Evidence Recovery Personnel
 Driver/Security

Objectives:
1. To conceptualize the SOC in the PNP Organization
2. To inform and guide field investigators in the importance of SOCO in scientific
investigation
3. To assist investigators in the speedy solution of criminal cases especially heinous ones
through proper investigation.
4. To institute a clear cut delineation of duties and functions among investigations of
different operating units and the SOCO to deter overlapping and duplication of functions
and to avoid passing the buck attitude in case of dismissal of criminal cases in trial court.

BIOLOGICAL EVIDENCE AND ANALYSIS

Einführung
 Biological evidence is a very broad category of evidences. It is a physical evidence
classified based on the nature of the evidence. The word biological derived from the word
biology, referring to living organism where else evidence is define as something legally
submitted to a competent tribunal as a means of ascertaining the truth of any alleged

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 matter of fact under investigation before it or information that is used in a court of law to
prove something.
 Therefore, biological evidence can be referred as biological materials or substances such
as hair, tissue, bones, teeth, blood, semen or other bodily fluids including items
containing biological material and used to corroborate and provide mean of proofing
statement or claims in trials.
Types of Biological Evidence
As the term signifies, biological evidence comes from various sources of origin. It can be
from human, plants or animals origin. Pollen, algae, fungi and diatom are examples of evidence
from plants. Likewise microbes and insects are evidence from animals. For the benefit of the
reader, this article will focus on biological evidence of human origin. Hence, the term biological
evidence in the rest of the article is referring to human origin biological evidence.
Biological evidence includes:
 Blood and blood stains
 Semen and seminal stains
 Saliva
 Urine
 Tissues and cells
 Bones and organs
 Hair
 Teeth
 Fecal and fecal stains
 Vomit
 Stomach contents
 Sweat
 Ear wax

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BLOOD

DNA Analysis
DNA analysis is generally limited to things that are biological in nature. Almost all the
biological evidence are applicable for DNA analysis except to those bodily fluid without
nucleated cells such as tears, perspiration and serum. DNA can also be trace in the sample of
hairs with follicles where the DNA are extracted from the cell of follicles. Information gathered
from the analysis will be used as for comparison or confirmation of unknown source collection
during investigation.
Takayama or Hemochromogen Test
 A takayama test, also known as hemochromogen crystal assay, is used to determine if
blood is present in a sample of interest. This assay is used by experimenters, or
investigators of crime scenes, to confirm if an unknown sample indeed contains blood.

 An interaction between ferrous iron from hemoglobin and a pyridine solution. This
interaction creates specific crystals in the form of pyridine ferroprotoporhyrin. These
crystals will appear red in color when viewed under a microscope.
Precipitin Test
 Precipitin tests allow human blood to be distinguished from animal blood. The
investigator can recover these antibodies by bleeding the animal and isolating the blood
serum. This serum will contain antibodies that specifically react with human antigen
(human antiserum).

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  The precipitin test is sensitive, and will work on small traces of blood. The test is also
known as the Uhlenbuth test after the German scientist who developed it in 1901.

 A serologic test in which antibody reacts with a specific soluble antigen to form a
precipitate.\

BLOODSTAIN PATTERN ANALYSIS

The recognition and analysis of bloodstain patterns can yield useful investigative
information. The general role of the Bloodstain Pattern Analyst in a criminal investigation is to
assist in the reconstruction of those events of an alleged incident that could have created the
stains and stain patterns present at a crime scene, on items of physical evidence recovered from
that scene and on items of clothing that were present at the crime scene. In some cases, it may be
necessary to conduct a bloodstain pattern interpretation using photographs.

Cast-Off Pattern
 A bloodstain pattern created when blood is released or thrown from a blood-bearing
object in motion. Directionality. The directionality of a bloodstain or pattern which
indicates the direction the blood was traveling when it impacted the target surface.

Back Spatter
 Blood directed back towards the source of energy or force that caused the spatter.

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Forward Spatter
 Blood which travels in the same direction as the source of energy or force which caused
the spatter.

Semen
 The fluid that is released through the penis during orgasm. Semen is made up of fluid and
sperm. The fluid comes from the prostate, seminal vesicles, and other sex glands. The
sperm are manufactured in the testicles.
 The average volume of semen produced at ejaculation is 2 to 5ml. In human beings each
ejaculation contains normally 200 to 300 million sperm.

Sperm Parts
The nucleus hold the DNA of the cell. The head contains enzymes that help the sperm break
through the cell membrane of an egg. The mid piece of the sperm is packed with mitochondria.
Mitochondria are organelles in cell that produce energy.

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 CRIMES AGAINST PERSON
(Destruction of Life)

Art. 246. Parricide – Any person who shall kill his father, mother, or child, whether legitimate
or illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty of parricide.
Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.
Elements:
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, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant, or the legitimate spouse, of the accused.

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 upon them any serious physical injury, shall suffer the penalty of destierro.
 If he shall inflict upon them physical injuries of any kind, he shall be exempt from
punishment.
 These rules shall be applicable, under the same circumstances, to parents, with
respect to their daughters under eighteen years of age, and their seducer, while the
daughters are living with their parents.
 Any person who shall promote or facilitate prostitution of his wife or daughter, or
shall otherwise have consented to the infidelity of the other spouse shall not be
entitled to the benefits of this article.
Penalty: Destierro(prohibition to enter the place or places designated in the sentence, nor within
the radius therein specified, which shall be not more than 250 and not less than 25 kilometers
from the place designated.

Art. 248. Murder– Any person who, not falling with the provisions of Article 246, shall kill
another, shall be guilty of murder and shall be punished by reclusion perpetua to death, if
committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity;

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 2. In consideration of a price, reward or promise;
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles or
with the use of any other means involving great waste and ruin;
4. On occasion of any of the calamities of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
Penalty: Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.
Elements of murder:
1. That a person is killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in
Article 248.
4. The killing is not parricide or infanticide.
TREACHERY
Plain and simple, there is treachery if the offended party was not given opportunity to
make a defense.

MEANING OF PREMEDITATION
Premeditation is the act of mediating in advance; deliberation upon a contemplated act; a
design form to do something before it is done. The essence of premeditation is that the execution
of the criminal act must be preceded by COOL THOUGHT and REFLECTION upon the
resolution to carry out the criminal intent during the space of time SUFFICIENT to arrive at a
calm judgment.
Note: There is no evident premeditation without proof of planning.
EVIDENT – Clear to the eye or judgment.
ART. 249. Homicide – Any person who, not falling within the provisions of Article 246
(Parricide) shall kill another, without the attendance of any of the circumstances enumerated in
the next preceding article (Article 248), shall be deemed guilty of homicide.
Penalty: Reclusion temporal (12 years& 1 day to 20 years imprisonment)

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ART 255 .Infanticide
The killing of a child less than three days of age, whether the killer is the parent or
grandparent, any other relative of the child, or a stranger.
Penalty:
1. The penalty provided in parricide and murder shall be imposed.
2. If the crime penalized in this article be committed by the mother of the child to conceal
dishonor, she shall suffer the penalty of prision mayor (6 years & 1 day to 12 years
imprisonment) in its medium and maximum periods. If committed by maternal
grandparents or either of them, the penalty shall be reclusion temporal (12 years& 1 day
to 20 years imprisonment).

HOMICIDE INVESTIGATION
Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.

Primary Job of the Investigator

1. To discover whether an offense has been committed under the law.
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed
5. And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator

1. When called upon to investigate violent death, he stands on the dead man’s shoes to
produce his instincts against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the
difference between a murderer being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of
criminal justice.

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Mistakes in the Homicide Investigation
1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns behind
him. It is important that competent personnel adequately handle the case.
Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party

HOMICIDE INVESTIGATION PROCEDURES

Criminal Investigation of homicide is a discovery process. The investigator seeks to
discover and document such facts as type of death, identity of the deceased, cause of death and
motivation and identity of the perpetrator. In order to resolve these fundamental questions, the
investigation will focus on the cadaver, crime scene and post mortem examination.
The cadaver is often of prime importance as an investigative factor. The victim’s body
can reveal much through examination of wounds and other types of tracing clues that may be
present.

Establishing the Facts of Death

The first essential step of the homicide investigation is to establish that the victim is,
indeed, dead. Police officers do not have the legal authority to pronounce death, only
physicians/medical doctor can establish the fact of death. For this reason, the police officer
should never assume death unless the condition of the victim’s body demonstrates death in a
totally obvious manner.
A. Death – death is defined as the absence of life in a living matter.

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B. Kinds of Death
1. Somatic Death – Clinical Death
It is a complete, continuous, persistent cessation of respiration, circulation and almost all
brain functions of an organism. It is usually pronounced by a physician or other members of the
family.
2. Molecular Death- Cellular Death
It is the cessation of life of the individual cells in the whole body, which occurs one at a
time after somatic death.
3. 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. This condition is not actually death although
classified under the kinds of death, because the person or organism is still alive although it seems
that there are no signs of life.
C. Signs of Death
1. Cessation of respiration
2. Cessation of Heart Beating and Circulation
3. Cooling of the body
4. Insensibility of the body and loss of power to remove
5. Changes in the eyes
6. Changes in the skin

Identifying the Cadaver

Establishing the identity of the victim is important, it will provide tracing clues to the
motive and identity of the perpetrator, with the identity known, the investigator can focus
attention on the victim’s background and establish a possible motive through such information.
Victims encountered in indoor scenes will normally have identifying data on the body, or such
data will be available throughout the crime scene. In outdoor scenes, such evidence is normally
not as readily available, since the victim is removed from the personal environment and also
outdoor scene may not be discovered for long period of time; thus evidence may be destroyed by
elements of nature or will be lost. If there are no identifying papers on the victim’s person,
fingerprint should be used as means of identification. If fingerprint identification is
unsuccessful, the investigator must rely on other methods to establish identity.
Dental structures are highly resistant to destruction, and are frequently useful when the
other portions of the body are totally decomposed (Forensic Odontology). The skeletal remains

31
of the victim may also help to determine identity, as well as yield other types of information. If
bone fractures are noted, they may be used to identify the deceased, but if only corresponding
medical records can be located. The widths of the pelvic bones are excellent indicators of the
victim’s sex; Determination of the victims age maybe more difficult, in that the victims past the
age of eighteen years have generally achieved their maximum skeletal growth. However, general
age determination can be established via dental structure.
A. Points Taken into Consideration when Finding Human Dead Body Elsewhere:
1. Place where the body was found
2. Date and time when found
3. Cause of death
4. Time when death occurred
5. Approximate age
6. Possible occupation
7. Complete description of the body

B. Points to be Considered in Identifying a Person

1. Face
2. Eyes
3. Nose
4. Head
5. Condition of hair
6. Mouth
7. Body built
8. Height
9. Weight
10. Complexion
11. Hands and feet
12. Teeth
13. Clothing
14. Ornamental

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 15. Personal belongings
16. Identification from spouse, parents, relatives and friends
17. Files from the police and other law enforcement agencies
18. Occupational mark
19. Race
20. Tattoo marks
21. Deformities
22. Birth marks
23. Physical defects leaving permanent results such as amputation and improper
union of the fractured bones
24. Moles
25. Scars
26. Tribal marks
27. Sexual organ
28. Blood grouping

Determination of Time of Death (Death Estimates)

A determination of the time of death should be attempted in all homicide investigations.
This fact is significant because of its investigative importance in corroborating or disputing
alibis, or in establishing the victim’s movements prior to death. Determining death is not an
exact science.

POST-MORTEM CHANGES
1. POST-MORTEM LIVIDITY (Livor Mortis) – Discoloration of the body after
death; setting of blood in the dependent portions of the body following death). It is a reddish
purple to purple coloration in dependent areas of the body due to accumulation of blood in the
small vessels of the dependent areas secondary to gravity. This pooling of blood begins
immediately after death and becomes fixed in approximately 8-12 hours. The investigator can
press on the skin in the dependent regions and if the skin blanches, death has probably occurred
less than 12 hours. This becomes fixed after a while and can tell if the body has been moved.
This is not a reliable indicator of time of death. This is a better indicator of whether the body has
been moved since death.

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The Color of Lividity may Indicate the Cause of Death:
1. Carbon monoxide poisoning/ cyanide – cherry red to pinkish color
2. Asphyxia – dark lividity
3. Phosphorous poisoning – dark brown

TYPES OF LIVIDITY
1. Hypostatic – Blood is still in fluid form inside blood vessel; change as position of the
body changes. Blood remains fluid in the blood vessel for 6- 8 hours.

2. Diffusion– Coagulated inside blood vessel; Change in position will not change its
location.

Importance of Post-Mortem Lividity

1. It is a sign of death
2. It enables the investigator to estimate the time of death
3. It determines the position of the body after death
4. It may indicate the cause and manner of death

Characteristics of Post-Mortem Lividity

1. It occurs in the most extensive areas of the most dependent portion of the body.
2. It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain.
3. Color is uniform in the tissues.
4. It is not elevated from the skin, lungs, intestines, kidneys and brain.
5. There is no injury to the tissues.
6. The color may appear and disappear in the tissues by shifting the position of the
body in the earlier stages of death.

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2. POST MORTEM RIGIDITY (Rigor Mortis)
Stiffening of the body which occurs 2-6 hours after death and is characterized by
hardening of the muscles; the chemical reaction that causes rigidity in the muscle groups or
stiffening of the body after death due to the disappearance of Adenosine Triphosphate (ATP)
from the muscle.
- Rigor mortis disappears with decomposition.
- Cold and/or freezing will delay the onset of rigor mortis as well as prolong its presence
- Involves all muscles the same time at the same rate.It appears first in the smallermuscles
such as the jaw and then gradually spread to upper and lower extremities.
- Instantaneous rigidity can also be found following ingestion of cyanide and strychnine
poison.
Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical countries
and 36 to 48 hours during summer in the same.

3. ALGOR MORTIS (Cooling of the body)

The body cools following death at approximately 1.5 degrees F per hour, under normal
conditions and assuming the body’s temperature at death is 98.6 degrees F (37 degrees C).

Factors Affecting Algor Mortis:

1. Illness
2. Clothes
3. Obesity
4. Room temperature

4. ONSET AND STAGE OF DECOMPOSITION

Decomposition is the action of bacteria on the dead body. The onset of decomposition is
1 to 2 days after death and then finally the dead body becomes skeletal remains in months
considering the factors that influence the rate of putrefaction.

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5. LIFE CYCLE OF FLIES
The eggs of ova laid by the flies on the dead body will hatch to form maggots within 24
hours. The maggots will feed vigorously on the damaged dead body, then transform into
pupal stage and finally into adult flies within a few days.

6. CHANGES IN THE BLOOD

The blood remains fluid in the body after death after 6-8 hours. After which it gradually
clotted or coagulated in a slow process until 12 hours wherein the lividity is already fully
developed.

7. CHANGES IN STOMACH
It usually takes three to four hours for the stomach to empty its contents after meals.

Examination of the Cadaver at the Crime Scene

External post mortem appearances are very informative. The areas of the body showing
lividity indicate the position after death. Wounds and their appearance are particularly significant
as they often assist in reconstructing the circumstances of a crime, the nature of the murder
weapon and the manner of its use.
Defense wounds are the result of a person’s instinctive reaction of self-protection. It may
be found on the hand in the effort of the victim to grasp the wounding instrument or by raising
the hand to protect the vital parts of the body. Absence of defense wound does not eliminate the
possibility that the victim made some form of defense.

Common External Injuries Sustained by the Victim from Homicidal Attack

a. Contusion – an injury in the substance of the skin, discoloration of the surface due to
extravasation of blood. This is due to the application of a blunt instrument.
b. Hematoma – this is the extravasation of blood in the newly formed cavity.
c. Abrasion – an open wound characterized by the removal of the epithelial layer of the skin
brought about by the friction against hard, rough object.

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d. Incised wound – produced by forcible contact on the body by sharp edge instrument.
e. Stab wound – produced by the forcible application and penetration of a sharp instrument.
f. Punctured wound – penetration of a sharp pointed weapon
g. Lacerated wound – tearing of the skin due to forcible contact of a blunt instrument.

Evidence to Show the Fatal Effects of the Wound

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

Gunshot Wounds
All gunshot wounds result from the entry of a projectile into the body, and the frequent
presence of undispersed explosive gases. The relative size and appearance of the wound will be
affected by the distance from which the weapon was discharged. Generally, the closer the
discharged to the skin, the greater the damage. This damage is due to explosive gases which
precede the projectile at close range. In some investigations involving firearms, a determination
of whether the death was a homicidal, suicide or accidental is difficult. In making such
determination, the distance of the discharge is of great importance. Majority of suicidal and
accidental gunshot cases, arm’s length discharges are involved. Accordingly, if the wound
indicates discharge beyond the victim’s length, homicide is indicated.
The location of the wound may also serve to rule out suicide. If the wound is located in
an area of the body that is relatively inaccessible to the victim, homicide is indicated. It is also
unusual for a suicide wound to be inflicted in an area other than the head of chest. However,there
have been a number of suicide cases involving wounds in extremities. The presence or absence
of a “suicide note” is a poor indicator of suicide or homicide.

Two Types of Wounds:

1. Entrance wound (POE)
2. Exit wound (POX)

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Determination whether the wound is suicidal, homicidal, or accidental
A. Evidence to prove that gunshot wound is suicidal:
1. The fire is usually in contact or near contact, as shown by the presence of burning,
singeing and tattooing of the area around the gunshot wound.
2. The presence of usually but one gunshot wound. In most cases, after a shot, especially
at the head, the victim can no longer voluntarily act to inflict another shot.
3. Portions of the body involved are those accessible to the hand of the victim utilized in
committing suicide, he will not think of the difficult way of ending his life unless he has
the intention of deceiving the investigators.
4. History of despondency, family problem which may cause him to commit suicide.
B. Evidence to show that the wound is accidental:
1. Usually there is but one shot.
2. There is no special area of the body involved
3. Testimony of the witnesses

C. Evidence to show that the wound is homicidal:

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

DEATH BY HANGING AND STRANGULATION

Determination whether hanging is suicidal, homicidal, or accidental
1. Hanging – is a state of injury or death of the body whereby the ligature tightened around the
neck by the suspension of the body.
A. Suicidal Hanging – in death by hanging, it is usually suicidal unless proven otherwise. Some
evidence to prove are the following:
1. Accessible materials used for ligature like rope, rolled beddings, or wires.

38
 2. Identification of the fibers from the rope in the hands of the victim.
3. Evidence of movement of the rope on the beam or anchorage from upward and
downward as the body has been suspended.
B. Homicidal Hanging
1. Presence of defense wound in the body of the victim.
2. Presence of blood stains and other injuries to the body of the victim.
3. Presence of signs of struggle in the clothing, furniture, beddings, and others.
4. Nature of the window, curtains, and doors.
C. Accidental hanging is not common.
2. Strangulation
Strangulation by ligature is usually homicidal and is done by tying the ligature around the
neck and the two ends pulled in the opposite direction in such a manner that tightens the ligature.
Ligature used may be rope, chain, wires, vines, rolled clothing.

SUICIDES – the act of killing one self.

Ways of Committing Suicide
1. By cut-throat
2. By puncturing the left breast
3. By gunshot
4. By hanging
5. By drowning
6. By poisoning

ACCIDENTAL DEATH
Is death which occurs beyond the sway of ones will and although it comes about through
some act of will, lies beyond the bounds of human force able consequences.
How Accidental Deaths Occur
1. Examination of the body revealed marked tearing of the wearing apparel, burns of
different degrees on the skin surface, wounds of almost any description and almost the
whole body is affected by the injury.

39
 2. History of a thunderstorm that took place in the area.
3. Evidence of the effects of lighting are found in the vicinity, like damages to house,
tress, etc.
4. Metallic articles are fused or magnetized.
5. Absence of wound or other injuries indicating suicidal or homicidal death.
6. Fusion of glass materials in the neighbourhood on account of extreme heat.

ELECTROCUTION
Accidental Electrocution
1. Presence of high voltage wire at the scene of death.
2. Body surface injuries as probably site of entrance and exit of electric current.
3. Death develops suddenly as victim not able to get away from the place of
electrocution.
4. Absence of evidence to show suicidal or homicidal.
TERMS CONNECTED WITH HOMICIDE:
1. Homicide—The killing of a human being by another human being
2. Sororicide—The killing of one's sister
3. Fratricide—The killing of one's brother
4. Matricide—The killing of a mother by her own child
5. Patricide—The killing of a father by his own child
6. Parricide—The killing of a person to whom he is related such as parent, grandparent,
legal wife, or child or grandchild.
7. Infanticide— The killing of a child less than three days old
8. Suicide— Taking one's own life intentionally and voluntarily
9. Uxoricide—Act of one who murders his wife
10. Regicide—The murder or killing of a king
11. Vaticide—The murder of a prophet
12. Aborticide—The killing of the fetus inside the womb which is also called
ABORTION

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 13. Euthanasia—Mercy killing or painless death of a person suffering from incurable
disease to cutshort his suffering. This is murder with the quali¬fying aggravating
circumstance of treachery.

SEX CRIME
CONCEPTS ABOUT SEX CRIMES
IT IS TRIGGERED BY EMOTION. A PERSON WHO COMMITS A SEX CRIMES
HAS LOST CONTROL OF HIS EMOTIONS. IT IS NOT SOMETHING YOU CAN SET OUT
AND ANALYZE. IT IS A COMPULSION COMING DEEP WITHIN THE OFFENDER.
GRATIFICATION OF THE SEX URGE IS OFTEN DONE IN STRANGE AND
MORBID METHODS. IT INVOLVES AN ADDICTION. SEX IS A NORMAL HUMAN
NEED, HENCE, THIS MUST BE CONSIDERED IN THE INVESTIGATION OF THE SEX
CRIMES.
MOST SEX OFFENDERS HAVE THEIR PECULIAR WAY TO COMMIT THIS
CRIME.

Types of Rape
 Forcible rape
 Acquaintance Rape
 Marital rape or spousal rape
 Statutory rape
 Rape of men/Homosexual rape

R.A. 8353 - Anti-Rape Law of 1997

Pursuant to R.A. No. 8353, under Article 266-A, Rape is committed in two ways:
1. By any man who have carnal knowledge of woman against her will under any of the following
circumstances:
a) through force, threat or intimidation.
b) when the offended party (woman) is deprived of reason or otherwise unconscious.
c) by means of fraudulent machination or grave abuse of authority or
d) when the offended party is under twelve years of age or is demented even though
none of the circum¬stances mentioned above be present.

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2. by any person (either man or woman) who under any of the circumstances above-mentioned,
shall commit an act of sexual assault by inserting his penis (by a man) into another person's
(either man or woman) mouth or anal orifice, or instrument or object like stick, blunt instrument,
eggplant, fingers and the like into the genital (woman) or anal orifice (either man or woman) of
another person, attended by any of the circumstances mentioned above.

Acts of Lasciviousness - The act of lasciviousness or lewdness is done by any of the following:
a) by the use of force or intimidation.
b) when the offended party is otherwise unconscious or deprived a reason.
c) when the offended party is under 12 years old.

Qualified Seduction - This is committed by public authority, priest, house servant, domestic,
guardian, teacher or any person who, in any capacity shall be entrusted with education or custody
of the woman seduced. The victim is over 12 but under 18, virgin, unmarried and of good
reputation.
Simple Seduction - Committed by any person by means of deceit over a woman who is single or
widow of good reputation, over 12 but under 18.
Forcible Abduction - Abduction of a woman over 12 but under 18 against her will. In this case,
virginity is not essential. Sexual intercourse is likewise not necessary. What is important is that
the abduction was forcible and with lewd design.
Consented Abduction - Taking away of the victim who is a virgin over 12 but under 18 with
lewd design even though there was consent.

Sex Offenses and Related Behaviors:

Adultery - voluntary intercourse by a married person with someone other than his or her spouse.
Analingus - use of the mouth or the tongue on the anus of another.
Anthrophagy - the eating of human flesh to achieve sex¬ual gratification.
Anus - the opening at the lower end of the alimentary canal through which waste is excreted
from the body.
Bestiality - sex gratification is thru sexual in¬tercourse with animals like pets such as dogs, cats,
etc.
Bisexual - one who is sexually attracted to members of both sexes.
Buggery - anal intercourse, often referred to as sodomy.

42
Coprophagy - the ingestion of fecal excrement to achieve sexual gratification.
Cunnilingus - use of mouth or tongue on the external organ or genitalia of the female by male or
female.
Ejaculation - the ejection of seminal fluid during sexual intercourse.
Exhibitionism - commonly known as indecent exposure is an exposure of the sex organ for
sexual gratification.
Fellatio - use of the mouth or tongue on the male sex organ by the male or female.
Fetishism - typically involves a male subject and inanimate objects, such as female
undergarments, shoes, handbags and the like, as stimulators for sexual arousal. Sexual
satisfaction derived through a fetish is not illegal.
Flagellation - a whipping or flogging that characterizes an abnormal eroticism.
Fornification - sexual intercourse between unmarried persons.
Frottage - sexual gratification achieved by pressing or rubbing against a person.
Gerontophilia - the preference for an elderly person as one's sex partner.
Homosexuality - is an erotic attraction or sexual preference for a member of the same sex.
Homosexuality is not illegal, but by its general nature certain investigative situations may
involve homosexual as victims. For example, homosexuals may be likely targets for assault and
robbery.
Impotency - the failure to have erection of the male organ. The inability to perform sexual
intercourse.
Incest - sexual intercourse between person too closely related to marry legally.
Infibulation - the masochistic self-torture of one's own sex organ.
Masochism - sexual satisfaction is gained by being humiliated, hurt or beaten before the sexual
act.
Necromania or Necrophilia - sexual gratification on a dead person or love towards a dead
person.
Nymphomania - the compulsive and uncontrollable feeling of woman to over indulge in sex¬ual
activity. The woman is called nymphomaniac.
Oral Sex - sexual perversion where gratification is thru the mouth.
Orgasm - the ultimate satisfaction of a female during sexual intercourse characterized by
ejection of egg cell.
Pederasty - anal intercourse with a young male.

43
Pedophilia - sexual gratification where the victims are children. The person afflicted with this
sexual perversion is the pedophile.
Piquirism - sexual inclination to cut, stab or pierce the flesh of another person.
Ritualism - sex offenders of this category use the same approach or pretext all the time. This
will help in solving serial rapes by analyzing the peculiar rituals used.
Sadism - prior acts of cruelty before the sex en¬counter brings climatic sexual satisfaction.
Sadomasochism - is actually a dual deviation in which sexual gratification may be achieved by
inflicting pain on another or by submitting to physical ill treatment at the hands of another.
Satyrism - an abnormal over-sexual activity on the part of the man. The abnormal sexual
offender is called satyr, which was derived from the Greek Mythology of a half-man half-goat
animal who could impregnate fifty female goats a day.
Sex Fantasy or Dream World - the sex fantasy overcome the offender who puts his dreams to
reality to see if he will feel even better and its importance to him.
Sodomy - sexual intercourse thru the anus or anal sex.
Statutory Rape - when the victim of rape is Twelve years of age and below, it is statutory rape.
The reason for this is that even if the child consented to the sexual intercourse, her consent is not
valid because by her age, she could not give a valid consent.
Sterility - the failure to procreate or produce offspring. A man may not be impotent but sterile
and vice versa. A woman is never called impotent but maybe sterile.
Symbolism - the representation of things by the use of symbols especially in the art or literature
such as systems of symbols and symbolic meanings; and a group of symbolist as in art or
literature.
Virginity - It is the condition of a woman where the hymen of her vagina is still intact or
unruptured. It does not mean that when the hymen is intact, there is no case of rape. The mere
touching of the labia majora (major lips) of the pudendum (vagina) by the male organ is
considered as consummated rape because there is a slight penetration.
Voyeurism - it is the derivation of sexual gratification from surreptitiously observing the
unclothed body of another. The voyeur, commonly known as the Peeping Tom, is typically
young and may progress to exhibitionism.

STATUTORY RAPE – WHEN THE VICTIM OF RAPE IS TWELVE YEARS OF

AGE AND BELOW, IT IS STATUTORY RAPE. THE REASON FOR THIS IS THAT EVEN
IF THE CHILD CONSENTED TO THE SEXUAL INTERCOURSE, HER CONSENT IS NOT
VALID BECAUSE BY HER AGE, SHE COULD NOT GIVE A VALID ONSENT.

44
EVIDENCE IN THE INVESTIGATION OF RAPE
 PANTY OR OTHER CLOTHING OF THE VICTIM
 PHYSICAL EXAMINATION OF THE VICTIM TO DETERMINE SIGNS OF FORCE
SUCH AS INJURIES OR THE PRESENCE OF SEMINAL FLUIDS INSIDE HER
ORGAN
 DETACHED PUBIC HAIRS OF THE VICTIM AND SUSPECT
 PHYSICAL EXAMINATION OF THE SUSPECT AND THE EXAMINATION OF HIS
CLOTHING
 RELEVANT MATTERS AT THE SCENE OF THE CRIME
 TESTIMONIES OF WITNESSES IF THERE IS ANY
 WRITTEN COMPLAINT OF THE VICTIM

DRGS AND NARCOTICS INVESTIGATION:

Absence of nutritional food—loss of appetite is a symptom of poisoning. Presence of
candy or soft drinks indicates low insulin count.
Accidental Poisoning - Those in which the poison was taken without intention to cause
death.
Antidotes - Refers to any agent, which neutralizes poison & its effect.
Barbiturates - A sleeping pill; induces sleep: a derivative of ' malonyl urea or
barbituric acid.
Body fluids—presence of urine, feces, or vomitus at the scene maybe evidence of the
body attempting to rid the poisoned organs.
Clothing or bed linen—sweat stained, soaking of from the victim having hot and cold
flashes.
Cocaine is a narcotic that is extracted from the leaf of the coca bush.
Corrosives - Highly irritant poison which causes local destruction of tissues & causes
nausea.

45
 Depressants are drug compounds, commonly referred to as barbiturates and
tranquillizers, which have sedative effect on the nervous system.
Depressants or Sedatives - Agents that retard or depress the physiological action of an
organ.
Dose - Refers to the quantity of poison administered at one time.
Drug - Is a substance that has an effect upon the body or mind.
lack of ordinary cleanliness—drug dependent is not concerned with health problems due to
neglect.
Maalox, or Milk of Magnesia—medication used to relieved nausea, vomiting,
constipation, cramps and diarrhea.
Marijuana Plant - Grows from 3 feet to 16 feet tall, has 4 inches to 20 inches interval of
nodes where branches arise, leaflets grows up to 6 inches bony, 11/2 inches wide and above each
leaf grows a branch which produces its own leaves and flowering tops.
Merchandise—portable items easy to be disposed off, which maybe stolen and easy to
sell.
Methamphetamine Hydrochloride - A white crystalline powder, a drug having such
chemical composition including any of its' isomers or derivatives in any form & in commonly
known "shabu",.
Methylene Doixymethamphetamine (MDMA) - commonly known as "ECSTACY", it
refers to the drug having such chemical composition including any of its isomers or derivatives
in any form.
Morphine - Found in poppy plant; an alkaloid present in opium; a white crystal.
Narcotics medication—Laudenum, paregoric, codeine, cough syrup, all utilized as carry
overs until the next use in the drug.
Nylon stocking—stretched over a hanger used as sieve or strainer.
Opium - Refers to the coagulated juice of the opium poppy, it embraces every kind, class
and character of opium; whether crude or prepared.
Opium Poppy - Refers to any part of the plant of the species Papaver Somniferum L,
Papaver Setigerum DC, Papaver Orientate, Papaver Bracteatum and Papaver Rhoeas, which
include the seeds, straws branches Jeayes or any part thereof.
Paraphernalia—used in the administration of drugs such as syringe, needle, footer, tin
foils, heaters, tourniquet, spoon or bottle top, 'cookies', small balls of cotton, capsules, envelops,
matches, etc.

46
 Phencyclidine (PCP)—PCP, commonly referred to "angel dust," is a preferred
hallucinogenic, PCP is very powerful non-additive anesthetic drug with hallucinogenic
properties.

ROBBERY INVESTIGATION
Article 293 – Robbery in General
Any person who, with intent to gain, shall take any personal property belonging to
another by means of violence or intimidation of any person, or by using force upon anything
shall be guilty of robbery.

Elements of Robbery
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; and
4. That there is violence against or intimidation of any person, or force upon things.

How robbery with force upon things is committed?

The malefactors shall enter the house or building in which the robbery was committed by
any of the following means:
1. Through an opening not intended for entrance
2. By breaking any wall, roof, floor or breaking any window or door.
3. By using false key or picklocks
4. By using fictitious name or pretending the exercise of public authority
5. By breaking of doors, wardrobes, closets or any kind of locked or sealed furniture or
receptacle
6. By taking such furniture or objects away to be broken or forced open outside the
place of robbery.

General Types of Robbers

1. Amateurs – motivated by greed, the desire for a thrill and self-testing.

47
 2. Professionals – are those person who worked as robbers as a trade making it their
living and having no other means of income.

Note: Robbery – This is the taking or personal property belonging to another, with intent to
gain, by means of violence against, or intimidation of any person, or using force upon anything.

Two Kinds of Robbery:

1. Robbery with violence or intimidation; and
2. Robbery with force upon things.
a. Belonging to another – person from whom property was taken need not be the
legal owner, possession is sufficient. The property must be personal property and
cannot refer to real property.
b. Name of the real owner is not essential so long as the personal property taken
does not belong to the accused except if crime is robbery with homicide.
c. Taking of personal property – must be unlawful; if given in trust – estafa.
d. As to robbery with violence or intimidation – from the moment the offender gains
possession of the thing even if offender has had no opportunity to dispose of the
same, the unlawful taking is complete.
e. As to robbery with force upon things – thing must be taken out of the building.
f. Intent to gain – presumed from unlawful taking – intent to gain may be presumed
from the unlawful taking of another’s property. However, when one takes a
property under the claim of ownership or title, the taking is not considered to be
with intent to gain. (U.S. vs. Manluco, et. al., 28 Phil.360)
g. When there’s no intent to gain but there is violence in the taking- grave coercion.
h. Violence or intimidation must be against the person of the offended party, not
upon the thing.
i. General rule: violence or intimidation must be present before the “taking” is
complete.
Exception: when violence results in-homicide, rape, intentional mutilation or any of the serious
physical injuries in par. 1 and 2 of ART. 263, the taking of property is robbery complex with any
of this crime under ART. 294, even if taking is already complete when violence was used by the
offender.
j. Use of force upon thing – entrance to the building by means described and ART.
299 and 302 (Offender must enter). The other kind of robbery is one that is

48
 committed with the use of force upon anything in order to take with intent to gain,
the personal property of another. The use force here must refer to the force
employed upon things in order to gain entrance into a building or a house.
(People vs. Adorno, C.A. 40 0.G.567).
k. When both violence or intimidation and force upon things concur – it is robbery
with violence.

Robbery and Theft, compared.

a. Both robbery and theft involved unlawful taking as an elements;
b. Both involve personal property belonging to another;
c. In both crimes, the taking is done with intent to gain;
d. In robbery, the taking is done either with the use of violence or intimidation of
person or the employment of force upon things; whereas in theft, the taking is
done simply without the knowledge and consent of the owner.

Investigative Techniques in Robbery cases:

a. The investigator must initiate similar preliminary steps upon reaching the crime
scene.
b. Determine the point of entrance and point of exit by the perpetrator.
c. Determine the value of stolen articles.
d. The full and detailed description of the stolen articles.
e. Gather physical evidence.
f. Determine the modus operandi of the perpetrator as it would give leads in the
identification and arrest of the suspect.
g. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of
piracy.
h. Coordinate with other law enforcement agencies.
i. Exploit investigative leads.
j. Written testimony of the complainant witness.
k. Accumulate clues and traces at the scene of a crime which will serve to identify the
offender.

49
 l. Develop informants in the local underworld who are aware of the activity of robbery,
particularly the activity of the semi-skilled amateur groups. (usually the addict-
robber)
m. Conduct a surveillance of likely fences and uncover and trace back stolen property
from its receiver to the robber.
n. Conduct surveillance of known burglars to ascertain if they are presently committing
robbery.
o. Accumulate information on various types of robber, the known and newcomers
whether they are in or out of prison, whether they are active.
p. Be alert on a modified modus operandi.
q. In cases where homicide is committed, follow the pattern of homicide investigation.

Physical Evidence to be collected:

1. Footprints
2. Fingerprints
a. Areas of break
b. Closets – prints may be found in door and jams
c. Door knobs
d. Dressers
e. Pieces of furniture
f. Bottles and glasses
g. Walls
h. Tools
i. Desks
3. Clothing – sometimes the robbers exchange their own jackets with that one found.
4. If a window was broken in effecting entry, glass particles maybe presents in the
trouser cuffs and pockets of suspect. Samples of broken glass should be collected for
possible future comparison in the event that a suspect is picked up.
5. Paint- if a crowbar has been used to force the window, paint may adhere to the tool.
Paint samples should be taken for future comparison.
6. Tool marks

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 7. Tools
8. Observed odd behavior patterns in the crime scene
9. Cords and ropes used
10. Firearms used
11. Means of escape
THEFT—Personal properties are taken without the consent or knowledge of the owner.
a. Pickpockets, simple snatching and other forms are included in this classification.
b. Theft inside a house or a building where entry is thru an open or closed door but
unlocked, this is theft;
c. Breaking the glass panes of a show window and extending an arm to get the valuables
inside is theft as the force upon things is not used as means of entry. If the one who
breaks the glass pane bodily entered the show window, it would be robbery with force
upon things.
d. Ordering someone to deposit or withdraw money from the bank by giving the bank
book and signed deposit or withdrawal slips and that someone absconded the money, it is
theft.
e. Entrusting a piece of jewelry to be sold on commission basis and the agent failed to
remit the price or return the property unsold, the case is not Theft but Estafa.
f. In Theft, there is only material transfer to the property but in Estafa, there is juridical
transfer of the property. Juridical transfer implies that the re¬ceiver of the property has
the authority to dispose the same. In Theft, there is no such authority.
g. In the investigation of theft and robbery cases, there is the importance of the value of
the property subject of the offense, because the imposable penalty is based on the value.
Anti-fencing law of 1979 (P.D. 1612)
Fencing – is the act of any person, who, with intent to gain, for himself or for another
shall buy, possess, keep, acquire, concealed, sell or in any other way, deal on any articles, items,
objects, or anything of value which he knows to have been derived from the proceeds of crime or
robbery or theft.
Fence – includes any person, firm, organization, association or corporation or partnership
and other organization who/ which commits the act of fencing.
Article 267 – Kidnapping and Serious Illegal Detention
Elements:
1. That the offender is a private individual;

51
 2. That the kidnaps or detains another, or in any other manner deprives the latter of his
liberty;
3. That the act of detention or kidnapping must be illegal;
4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping of detention lasts for more than 3 days
b. That is committed simulating public authority
c. That any serious physical injuries are inflicted upon person kidnapped or
detained of threats to kill him are made; or
d. That the persons kidnapped is a minor, female, or a public officer.
Any private individual who shall kidnap or detain another, or in any other manner
Deprives him of his liberty. The perpetrator shall suffer the penalty of reclusion perpetua to death
if:
1. The kidnapping or detention shall have lasted for more than five days.
2. Committed by simulating public authority.
3. Any serious physical injuries shall have been inflicted upon the person kidnapped or
detained or if threat to kill shall have been made.
4. The person kidnapped or detained shall be a minor, female or public officer.

The penalty shall be death where the kidnapping or detention was committed for the purpose of
extorting ransom from the victim or any other person, even if none of the circumstances above
mentioned were present in the commission of the offense.

Important factors in Kidnapping Cases:

1. The safe return of the victim
2. Identification and apprehension of the suspect

Initial Investigative Procedures:

1. Thorough interview of the victim if already released.
2. Search of the crime scene
3. Interview of the possible witnesses

52
 4. Checking the modus operandi
5. Possible identification through the photographic files
6. Coordination with other law enforcement agencies

Kidnapping where ransom is involved:

Phase I.
When a complaint is received, the family of the victim is requested to remain in touch to
accumulate information needed. The following types of information must be taken:
1. How the demand was made
2. Request the family to refrain from divulging the contents of the letter, note or call to
anyone except to the police authorities.
3. Emphasize the importance of news blackout as essential to the victim’s safety
4. Obtain and preserve the ransom note for laboratory examination.
5. Determine if the family intends to pay the ransom, investigators should avoid giving
the opinion as to ransom payments
6. Find ways and means to verify if the victim is still alive.
7. Conduct family background investigation
8. Conduct covert investigation of household helpers
9. Arrange for wiretapping operations in accordance with RA 4200
10. Establish possible motives

Phase II. After the victim has been returned or the body has been located.
After the victim has been returned dead or alive, the investigation changes, an all-out
investigation are conducted in accordance with the second objective, to identify and apprehend
the suspects. Investigative procedure includes:
1. Thorough interview of the victim.
2. All details should be obtained.
3. Re interview all witnesses
4. Conduct surveillance

53
 5. Determine whether the kidnapper is familiar with the victims, residential area, habits
and financial status.
6. If the victim is dead follow the pattern of homicide investigation
The following types of information should be considered in kidnapping cases:
1. Name and address of the complainant, telephone number
2. Date and time of abduction
3. Place of kidnap
4. Brief rundown of what happened; was any force used
5. Activities of victim previous to abduction
6. Description of suspect, including clothing worn, if victim is still missing
7. Description of suspect, including clothing worn.
8. Whether or not vehicle was involved. Get description, license number, distinguishing
features.
9. Direction of travel when last seen
10. Whether there are any witnesses or suspects

Pointers to be considered in Kidnapping Cases:

1. Remember that kidnap for ransom gang must be treated as witty, experienced and
dangerous armed criminals.
2. Any slightest mistake on the part of the police would mean death of the victim
3. Initiate secrecy discipline not only on the victim’s family but also within the police.
4. Experienced, trusted personnel must be utilized
5. Equipped with sophisticated communication system

Problems in the Investigation of Kidnapping Cases:

1. Out of fear, the family of the victim does not want to cooperate with the police.
2. The case is only reported after payoff of the ransom money or the victim had been
found dead.

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CARNAPPING

RA 6539-ANTI CARNAPPING LAW

a. CARNAPPING defined— It is the unlawful taking, with intent to gain, a motor vehicle
belonging to another without the letter's consent or by means of violence against or
intimidation of person or using force upon things.
b. ELEMENTS OF CARNAPPING
(1) Unlawful taking
(2) Intent to gain
(3) Motor vehicle belonging to another
(4) Lack of owners consent
(5) By violence or intimidation against persons or force upon things.

DEFINITION OF A MOTOR VEHICLE (Sec. 2, RA 6539)

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

HOW TO DETECT STOLEN VEHICLES:

a. No license plate number
b. Sporting improvised plates

55
 c. Sporting plates which are for specific vehicles like yellow plate attached to the private
vehicles
d. Abandoned vehicles
e. Fake license plates or stickers
f. No sticker for the current year
g. Haphazardly painted
h. Plates do not correspond to the year or model of the vehicle.

INVESTIGATION OF ARSON CASE

DEFINITION OF ARSON-
ARSON IS DEFINED AS THE MALICIOUS DESTRUCTION OF THE PROPERTY
BY FIRE.
LAWS APPLICABLE TO THE CRIME OF ARSON
ART. 320, RPC- FORMS OF DESTRUCTIVE ARSON.
ART. 321, RPC- OTHER FORMS OF ARSON
ART. 323, RPC- ARSON OF PROPERTY OF SMALL VALUE
ART. 324, RPC- CRIMES INVOLVING DESTRUCTION AMOUNTING TO
ARSON
ART. 325, RPC- BURNING’S ONE’S OWN PROPERTY AS TO MEANS TO
COMMIT ARSON
ART. 326 RPC SETTING FIRE TO PROPERTY EXCLUSIVELY OWNED BY THE
OFFENDER.

CLASSIFICATION OF ARSON:
A. ATTEMPTED B. FRUSTRATED
AND C. CONSUMATED

IF A PERSON INTENDED TO BURN A WOODEN HOUSE, COLLECTED RAGS

SOAKED IN GASOLINE AND PLACED IT BESIDE THE WALL, BUT WHEN HE WAS
ABOUT TO LIGHT IT, HE WAS SEEN BY ANOTHER WHO RAN AFTER HIM, THE

56
CRIME IS ATTEMPTED ARSON. IF THE PERSON WAS ABLE TO LIGHT THE RAGS
BUT THE FIRE WAS PUT OUT BEFORE ANY PART OF THE BUILDING WAS BURN,
THEN IT IS FRUSTRATED ARSON BUT IF BEFORE THE FIRE WAS PUT OUT, PRT OF
THE BUILDING WAS BURNED, THEN IT IS CONSUMATED ARSON.. .
NOTE: CONSUMATED ARSON
A. THE MERE DISCOLORATION OR SCORCHING OF A WOODEN WALL BY
FIRE IS CONSUMATED ARSON.
B. IF THE SCORCHING IS ON THE CONCRETE WALL WHERE THERE IS
REMOTE POSSIBILITY OF THE FIRE TO SPREAD, IT IS ATTEMPTED ARSON
C. THE ACT TO SET FIRE WITH THE PREPARATION OF INFLAMABLE
MATERIAL AT THE PLACE TO BE BURNED IS ATTEMPTED ARSON.

D. THERE IS NO FRUSTRATED ARSON.

ELEMENTS OF ARSON
o ACTUAL BURNING TOOK PLACE
o DONE WITH MALICIOUS INTENT
o THE BURNING IS DONE BY A PERSON WHO IS CRIMINALLY AND
CIVILLY LIABLE

TYPES OF FIRE SETTERS

 ARSON FOR PROFIT (INSURANCE)
 SOLITARY FIRE SETTERS – THEY SET FIRE FOR REVENGE OR SPITE
 GROUP FIRE SETTERS- AS AMEANS OF VANDALISM OR BY PEER
PRESSURE. RIOT FIRE IS ALSO DONE BY GROUPS AS AN OUTBURST OF
VIOLENCE, TENSION, OR SOCIAL UNREST AS ARESULT OF MOB RULE.
POLITICAL FIRES ARE INCLUDED TO DRAMATIZE AN ISSUE, EMBARRASS
AUTHORITIES FOR POLITICAL REASON.

BASIS OF CRIMINAL LIABILITY IN ARSON

1. KINDS AND CHARACTER OF THE BUILDING BURNED
2. THE LOCATION OF THE BUILDING
3. EXTENT OR VALUE OF DAMAGE CAUSED

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 4. WHETHER OR NOT THE OFFENDER KNOWS THAT THE BUILDING BURNED
WAS OCCUPIED OR NOT

PROOF NECESSARY IN ARSON INVESTIGATION

THE GATHERING OF PROOF IN THE COMMISSION OF ARSON IS OFTEN
VERY DIFFICULT IN VIEW OF THE FACT THAT THE PHYSICAL EVIDENCE IS EITHER
DESTROYED OR BURNED TOTALLY BY THE FIRE. IT IS HOWEVER, NECESSARY THAT
THE INVESTIGATOR MUST GATHER THE PHYSICAL EVIDENCE WHICH WILL
ESTABLISH THE CORPUS DELICTI OR BODY OF THE CRIME AND THE IDENTIFY OF
THE ARSONISTS WHICH WILL INCLUDE LOCATING AND ASSOCIATING EVIDENCES.
CORPUS DELICTI NECESSARY TO BE STABLISHED EVEN IF THERE IS CONFESSION
FROM THE SUSPECT OTHERWISE, CONFESSION ALONE WILL NOT WARRANT THE
CONVICTION OF THE ARSONISTS. THE FOLLOWING PROOF WILL CONSTITUTE THE
CORPUS DELICTI OF ARSON:
1. THE FACT THAT THERE WAS BURNING- EVIDENCE GATHERED MUST SHOW
THAT THERE WAS FIRE. THE BURNING OF THE PROPERTY AND ITS LOCATION CAN BE
SHOWN BY PHOTOGRAPHS AND ESTABLISHED BY THE DIRECT TESTIMONY OF EYE
WITNESSES. BURNED PARTS OF THE BUILDING MAYBE GATHERED AS PHYSICAL
EVIDENCE.
2. THAT BURNING WAS RESULT OF A CRIMINAL DESIGN- EVIDENCE MUST
SHOW THAT BURNING WAS DONE WILLFULLY BY THE SUSPECTED ARSONISTS. THIS
FACT CAN BE ESTABLISHED BY THE DISCOVERY OF INCENDIARY, PRESENCE OF
ACCELERANTS SUCH AS GASOLINE, KEROSENE AND TESTIMONY OF WITNESSES
SPECIAL AGGRAVATING CIRCUMTANCES IN ARSON (SEC 4 PD 1613)
A, COMMITTED WITH INTENT TO GAIN
B. COMMITTED FOR BENEFITS OF OTHER
C. OFFENDER IS MOTIVATED BY SPITE, REVENGE OR HATRED TOWARD
THE OWNER AND OCCUPANT OF THE HOUSE.
D.COMMITTED BY SYNDICATE. A SYNDICATE CONSIST OF THREE OR MORE
PERSONS WHO PLANNED AND CARRIED OUT THE CRIME.

PHYSICAL EVIDENCE TO BE GATHERED AND HOW COLLECTED

ANY PIECE OF EVIDENCE THAT APPEAR TO HAVE UNUSUAL SIGNIFICANCE

SHOULD BE PHOTOGRAPHED AND LOCATED ON A SKETCH BEFORE IT IS MOVED.

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THE FOLLOWING MAY BE SOME OF THE EVIDENCES THAT MAY BE COLLECTED IN
THE FIRE SCENE:
CONTAINERS- BOTTLES, CANS, BARRELS, PAILS OR BOXES TO HOLD THE
COMBUSTIBLE LIQUID MAY BE RECOVERED FROM THE FIRE SCENE. THE ORIGINAL
CONTAINER SHOULD BE COLLECTED AND PRESERVED.
ASHES AND DEBRIS- THE ASHES AND DEBRIS WHICH MAY POSIBLY CONTAIN
THE ACCELERANT OR SOME SIGNIFICANT CLUES MAY BE THE REMAINS OF
CLOTHINGS WHICH NORMALLY NOT COMPLETELY BURNED UNLESS SOAK WITH
ACCELERANT MAY BE SIGNIFICANT IN THE EXAMINATION.
FINGERPRINTS AND IMPRESSIONS- A SEARCH FOR FINGERPRINTS SHOULD
BE GIVEN SPECIAL ATTENTION ESPECIALLY ON SUSPICIOUS CONTAINER OF
ACCELERANT. THE OBJECT CONTAINING THE PRINT SHALL BE PRESERVED, PACKED
AND TRANSPORTED TO THE LABORATORY. TOOL MARKS, SHOE OR TIRE
IMPRESSIONS SHOULD BE PHOTOGRAPHED, PROCESSED BY RECOMMENDED
METHODS AND SENT TO THE LABORATORIES FOR FURTHER STUDY.
INCENDIARY DEVICES- SUSPICIOUS ARTICLES LIKE WIRES, FUSES STRAW OR
CANDLES, WHICH MAY FORM PART OF THE INCENDIARY DEVICE, SHOULD BE
COLLECTED.
STOVES AND FIREPLACES- THE ASHES IN THE STOVE AND FIREPLACES
SHOULD BE SUBJECTED TO EXAMINATION.
TOOLS- TOOLS MIGHT HAVE BEEN BROUGHT THERE AND ABANDONED BY
THE ARSONIST IN HIS PREPARATION. IF TOOL MARKS ARE PRESENT ON DOOR JAMBS
WINDOWS SILL AS A RESULT OF FORCIBLE ENTRY, THE BLADES OF THE SCREW
DRIVERS AND CROWBARS SHOULD BE EXAMINED FOR A COMPARISON OF SIZE AND
FOR PAINT PARTICLES.
DOCUMENTS- ARSONISTS MAY EXPOSE THE INCRIMINATING DOCUMENTS TO
FLAME. IN THE EXAMINATION OF SUCH DOCUMENTS, THE ABSENCE OF CERTAIN
PAPERS, SUCH AS INSURANCE POLICY, WHICH ARE NORMALLY KEPT IN THE AREA,
SHOULD BE INVESTIGATED.

PERSONS AND WITNESSES TO BE INTERVIEWED

A CONSIDERABLE AMOUNT OF INFORMATION CAN BE OBTAINED BY A
CAREFUL QUESTIONING OF THE VARIOUS PERSONS ASSOCIATED WITH THE
DISCOVERY AND CONTROL OF THE FIRE THE PROTECTION AND OCCUPANTS OF THE
BUILDING. EVIDENCES TENDING TO ESTABLISH TENDS AND MOTIVES AS WELL AS
THE IDENTIFICATION OF THE PERPETRATOR SHOULD BE DEVELOPED BY
INTERVIEWING THE FOLLOWING WITNESSES:

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 PERSONS FIRST ARRIVING AT THE FIRE SCENE- EVERY EFFORT SHOULD BE
MADE TO LOCATE AND QUESTION THE PERSON WHO FIRST SAW THE FIRE. IDENTITY
OF THE PERSON WHO TURNED IN THE ALARM SHOULD BE MADE SINCE HE CAN
DETERMINE THE EXACT POINT WHERE THE FIRE BEGAN AND THE NUMBER OF
PLACES THE FIRE HAS STARTED. THE OPINION AS REGARDS THE PROBABLE ORIGIN
OF THE FIRE COLOR OF THE SMOKE, THE GENERAL APPEARANCE OF
CONFLAGRATION MAY BE DETERMINED BY THE PERSONS WHO FIRST ARRIVED AT
THE FIRE SCENE.
THE FIREMEN- THE FIREMEN SHOULD BE ASKED QUESTIONS CONCERNING
THE NATURE OF THE FIRE, COLOR OF THE FLAMES AND SMOKE, AND THE
PERCEPTIBLE ODOR. HE CAN ALSO GIVE THE INVESTIGATOR INFORMATIONS AS
CONDITION OF THE DOORS AND THE WINDOWS.
THE WATCHMAN OR SECURITY GUARDS- THE WATCHMAN OF THE BUILDING
CAN GIVE DETAILED INFORMATION CONCERNING THE CONDITION OF THE
BUILDING BEFORE THE FIRE. INQUIRIES FROM THE WATCHMEN MUST BE MADE
REGARDING THE RECENT BEHAVIOR OF THE OCCUPANTS AND THE MOVEMENTS OF
THE STOCK AND FURNITURES. INFORMATION REGARDING THE LAST PERSON TO
LEAVE THE BUILDING, HIS SUSPICION AND THEORY CONCERNING THE ORIGIN OF
THE FIRE MAY BE ASKED FROM HIM.
THE OCCUPANSTAND EMPLOYEES- THESE PERSONS STAYING THE BUILDING
MUST BE INTERVIEWED SEPARATELY. THEY SHOULD BE ENCOURAGED TO STATE
THEIR THEORIES AND SUSPICION OF THE FIRE.
OWNER OF THE HOUSE OR BUILDING- THE OWNER MUST BE QUESTIONED AS
REGARDS PRIOR ARREST, APPREHENSIONS, AND CONVICTIONS, PREVIOUS FIRES,
FINANCIAL STANDING, BUSINESSES, DOMESTIC CONDITIONS, HOBBIES OR
AMUSEMENTS.

INVESTIGATION OF OTHER CRIMES

Traffic or Road Accidents

The local police traffic investigator shall investigate all road or traffic accidents.
However, in case of Major Traffic Accidents such as those that attract national media attention or
those that involve numerous victims, the local traffic investigator shall immediately inform the
nearest PNP Highway Patrol Group Office which shall then take the lead in the investigation
under the Special Investigation Task Group (SITG) which shall be activated to manage the case.

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 While road or traffic accidents may seem ordinary, yet some accidents such as hit-and-
run cases are usually fatal or cause serious injuries to the victims. It is therefore imperative that
evidence is collected to help identify and prosecute the suspect.
a. Find out as much as possible about the accident both before going to the scene and
upon arrival.
b. Start keeping an action log.
c. Cordon off the area or extend the existing cordon if necessary.
d. Take a general photograph of the accident scene. Film the scene with a video camera.
e. Pause for thought and start planning.
f. Note down your observations continuously. It is a good idea to use a tape recorder.
g. Establish the directions in which the different parties were travelling before the
collision. Take photographs in the relevant directions at the same height as the parties
were prior to the collision.
h. Draw a sketch. Measure and mark the places where evidence and reference samples are
collected.
i. Photograph and, if appropriate, video continuously. Photograph all damage, injuries
and other evidence.
j. Search for and collect trace evidence, objects, reference samples etc. that may be
relevant to the accident investigation.
k. Write a continuous seizure report.
Look for the following types of evidence in connection with road accidents.
 Tyre marks
 Glass and paint
 Blood
 Fibres, pieces of cloth
 Hair
 Material fits
 Fingerprints
Poisoning
Where poisoning is suspected, the scene must be searched for remains of the substances
that may have been used for the poisoning or information (receipts, prescriptions etc.) about the
poison that was used. If a material (wine, beer etc.) is to be sent to the Crime Lab for a toxicity
test, it is a great advantage if corresponding reference material (e.g. an unopened bottle of the
same sort) can be sent with it. An accurate description of the incident should be enclosed so that
the laboratory is informed, if possible, of the type of poison that may have been used.
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Blood and urine samples from the victim are to be sent to the Crime laboratory for analysis.
Look for the following types of evidence in connection with examinations of illegal laboratories
and in connection with poisoning incidents.
 Fingerprints
 Tool marks
 Drugs, alcohol and toxins
 Footwear prints and tyre marks
 Material fits
 Fibers
 Hair
 Documents, diskettes, hard disk files
 Saliva e.g. cigarette-ends and gas masks

Explosions of Bombs and Other Explosive or Gaseous Materials

Explosions are one of the most serious incidents which may cause loss of lives and
damage to property. The First Responder and the Investigator-on-case must, as soon as possible,
assess whether the explosion may have been caused by a bomb or a terrorist attack. If there are
any indications that it is so, the matter must immediately be elevated to higher headquarters of
the PNP to decide on how to handle the situation.

Checklist for Suspected Bombs

 Bomb technicians must defuse bombs.
 Turn off your radio and mobile phone.
 Do not switch on any lights on the premises.
 Do not go any closer than absolutely necessary!
a. Before entering the area, ask the person who reported the bomb the following questions in
a protected place E.g: What is the object? Where is it exactly? When was it discovered? Who
discovered it? Does anyone know why the object is there? Have any threats been made? Has
anyone touched the object? Does the object emit any sound or smell? What does the surrounding
area look like?
b. Contact the duty decision-maker as soon as possible in order to reach a decision, on the
basis of the information you have obtained, whether or not to cordon off the area, evacuate it and
call in bomb technicians.
c. Evacuate and cordon off a sufficiently large area.

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 d. Guard the cordoned off area and wait for the bomb technicians who are to defuse the
bomb.

Checklist for Post-Explosion Investigations

a. Find out as much as possible about the explosion both before going to the scene and
upon arrival. Find out what the area looked like before the explosion. Obtain drawings, pictures
etc.
b. Assess the risk of further explosions.
c. Start keeping an action log.
d. Cordon off the area or extend the existing cordon if necessary.
e. Make sure that a list is made of the people who enter the explosion site.
f. Preliminary orientation. Study the explosion damage. Decide whether to call in other
experts.
g. Preliminary assessment. Determine the type of explosion, the explosion centre, effects
of the blast etc.
h. Photograph and video film the area before debris is removed.
i. Take steps to ensure that there are no undetonated explosives on the primary detonation
site.
j. Remove all debris from the primary detonation site. Photograph all objects found
before they are removed. Take samples of all relevant materials found in the area for
examination in the laboratory. Look for parts of the bomb. To facilitate reconstruction of the
original location of objects, a grid of squares can be made and materials found in each square can
be collected in a special container.
k. Photograph and document even rooms that have not suffered much damage and
undamaged rooms.
l. Document craters, if any. Measure and make a note of the slope, diameter, depth and
type of soil/substratum.
m. Draw a sketch. Mark the places where trace evidence and reference samples are
collected.
n. Search for and collect evidence, objects and reference samples etc. Look carefully for
explosion residues and bomb parts.
o. Take photographs continuously. Photograph all the evidence before it is collected. If
possible, engage a photographer for specialized trace evidence photography.

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 p. Write a continuous seizure report.

Checklist for House Searches In Connection With Suspected Illegal Production of Bombs
and/or Explosives
a. Find out as much as possible about the accident both before going to the scene and
upon arrival.
b. Decide whether you need help from bomb technicians, chemists from the SNLFS or
other experts.
c. Start keeping an action log.
d. Take a general photograph of the site. Film the scene with a video camera.
e. Pause for thought and start planning.
f. Note down your observations continuously. Take photographs continuously.
Photograph all the evidence before it is collected.
g. Draw a sketch. Measure and mark the places where objects, evidence and reference
samples are collected.
h. Search for and collect evidence, objects and reference samples etc. that are relevant to
the crime investigation.
i. Write a continuous seizure report.

Information
It is important to keep track of information obtained during interrogations at an early
stage. Often, it is very important to obtain a great deal of information before an explosion site is
cleared up.
Assess the risk of further explosions
Are there any more explosive devices? Is there any risk of gas emissions? Take no risks.
Make sure that a sufficiently large area is cordoned off and guarded. Wait until it is possible to
make more reliable assessments. It may be necessary to call in experts before you make the final
assessment.
Preliminary orientation
Study the damage caused by the explosion without displacing the explosion residues. Try
to obtain a preliminary picture of where the explosion center is. If there are any fatal casualties,

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the bodies should be examined in accordance with the instructions in the chapter on crimes of
violence. If there are any explosion remnants on the victim(s), collect and preserve them.
Initial assessment
The initial assessment of the type of explosion, explosion center etc. will be used as the
point of departure for where and how debris removal is to take place.
Initial debris removal
Start by photographing and video filming the damaged area and the immediate
surroundings. Debris should first be removed from the room or rooms that are considered to be
the explosion centre. Bulky material that has fallen down in the area should be removed at this
stage.
Final debris removal and cleanup
Work from the outside towards the assumed explosion center, layer by layer from top to
bottom. Make notes and take photographs while removal is in progress. Save objects that are
found for subsequent reconstruction. Look for and secure remains of explosives and bombs
(pieces of tape, timer components etc.). If bomb sniffers or explosive spray are available, they
can be used to determine where material should be collected. The explosion center should be
uncovered as a result of the removal of debris at this stage, making it possible to study the crater,
if there is one. If so, document the crater by measuring and noting down the slope, diameter,
depth, type of soil etc. Take photographs.
Look for the following types of evidence, among others, in connection with explosions.
 Material from explosions
 Footwear and glove prints, tire marks indoors and outdoors
 Fingerprints
 Tool marks near point of entry

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