Lectures on Special Crime

Investigation
Prepared by Prof. Rhett G Nicdao RC, M.A. Crim
 CDI-3: 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, or the court, relies more on physical
evidence rather than extra-judicial confession.
Note:
 Extrajudicial Confession is a confession made out of court, and not as a part of a judicial examination or investigation.
Such a confession must be corroborated by some other proof of the corpus delicti, or else it is insufficient to warrant a
conviction.
 Crime-is the commission of an act which is prohibited or the omission of an
act required by the penal/criminal law of an organize state.

 Criminal Investigation -It is an art which deals with the identity and location of
suspect and provides evidence of his/her guilt, in a criminal proceedings.

 Investigator -the person in charged of carrying out the objectives of

investigation.

Purpose of Investigation
 1. To establish that, in fact, a crime was committed;
 2. To identify the law violator/suspect;
 3. To locate, trace and apprehend the suspect/perpetrator;
 4. To assist in the prosecution of the accused person /provide evidence of
his guilt.
Primary Job of an Investigator

The primary job of the investigator is to discover

whether or not an offense has been committed under the
law, after determining what specific offense has been
committed, he must discover how it was committed, by
whom, where it was committed, when and why it was
committed (Cardinal points of Investigation 5W’s and lH).
6 Cardinal points of investigation:
 What –specific offense has been committed ?(nature of crime);
 Where – crime was committed? (place, location/venue);
 When – crime was committed? (time and date);
 Who - committed it? (person/s involved particularly the suspect);
 Why – it was committed? (Reason or motive of committing the crime);
 How – it was committed? (Manner/method or modus operandi).

What are the qualities of a good investigator?

 Perseverance
 Intelligence
 Honest, incorruptible & with personal integrity.
 Understanding of the people and environment
 Keen power of observation
 Resourceful and quick witted.

The National Forensic Science Training Institute (NFSTI) – under the PPSC, is an institution
that trains uniformed personnel of the PNP to become a certified investigator.
TOOLS OF INVESTIGATION or “3 I”s (Information, Interview/interrogation, and
Instrumentation or Criminalistics)

1. INFORMATION (RCG)
It is the knowledge/data which an investigator acquired from records and persons.
Regular source is acquired from open sources, records, files, Cultivated source are
information furnished by informants/informers, Grapevine source are information given
by the underworld characters such as prisoners or criminals.

2. INTERVIEW/INTERROGATION
Is a conversation with a purpose, motivated by a desire to obtain certain
information from the person being interviewed as to what was done, seen, felt, heard,
tasted, smell or known.
This is the questioning of a person believed to possess knowledge that is in official
interest to the investigator.
Questioning maybe done in a simple approach or in a forceful or rigid one
 INTERVIEW refers to the simple questioning of a person willing to provide
relevant information to the investigator, while
INTERROGATION refers to skillful questioning of a person suspected to
be the one committed the crime and is likewise hesitant and reluctant to divulge
information relative to the investigation.

3. Instrumentation
It is the utilization of the various fields of criminalistics for purposes of
examination and identification of physical evidence.Scientific examination of
real evidence, application of instrument and methods of the physical sciences
in detecting crime. It is also the application of the different fields of science in
investigation and eventual resolution of crimes.This includes but not limited
to Dactyloscopy (science of fingerprint), Forensic photography, Forensic
Chemistry, Ballistics and the likes.
 The Initial Action in Crime Scene Investigation:

The action done in the scene of the crime immediately following its detection or reporting.

 Save life,if possible;

 Determine whether or not a crime was committed;
 Preserve the scene of the crime;
 If there are living person who witness the crime separate the person;
 Proper Documentation should be made (includes note taking, photographing, sketching
and interview of possible witness/es;
 Search, collecting, packing and preservation of evidence
 Transmittal of physical evidence, Chain of custody/possession, Storage etc;
 Additional information through interview/interrogation of victim, witnesses/suspect/s to the
crime.
 Preparation of offense report (Incident Report) which includes the facts known the
investigator, all actions taken and all the items of evidence seized/recovered.
Follow –up Investigation - an effort extended by the investigator in gathering further
information subsequent to the initial investigation report until the case is ready for
prosecution.

 Read and be thoroughly conversant with the incident report in order to follow up leads
and begin considering other activities in discovering other leads/clues;
 View/verify all evidence and submit for laboratory examination;
 Re-interview witnesses/complaint to clarify information;
 Evaluate evidence, statements, laboratory findings and their legal implications.
 Employment of some modern and instrumental/specialized technique in gathering and
validating information;
 Positively identify, locate, trace and effect arrest of the suspect;
 Conduct thorough interview/interrogation based on the legal standards(R.A. 7438, R.A
9745, Rules of Evidence)
 Attempt to recover stolen property/fruits of the crime; and
 Arranged everything in preparation for prosecution of the offense.
 The death of Jennifer Laude occurred on October 11, 2014
in Olongapo, Philippines, when the 26-year-old Filipina
HOMICIDE trans woman was killed by 19-year-old Private First Class
INVESTIGATION Joseph Scott Pemberton, who had been unaware that
Laude was transgender
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.
Crimes Against Person (RPC)

The term "crime against the person" usually refers to a crime which is committed by
direct physical harm or force being applied to another person. Fatal offences or Sexual offences.

 Art 246 .Parricide

 Art 247. Death/Serious Phy.Inj. Under Except. Cir.
 Art 248. Murder
 Art 249. Homicide
 Art 255. Infanticide
 Art 256 Intentional Abortion
 Art 257. Unintentional Abortion
 Art 258. Abortion practice by woman herself or her parents
 Art . 259 Abortion practice by physician or mid-wife and dispensing of Abortives.
 Art 260 - 261. Duel
 Art 266-A Rape
Responsibilities of a Homicide Investigator

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

Mistakes in the Homicide Investigation

The mistakes of the homicide investigator cannot be corrected.
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:
The dead person has been moved
The cadaver is embalmed
The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the

following:
Corpus delicti or facts that crime was committed
Method of operation of the suspect
Identity of the guilty party
Title Eight
 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. Parricide (Latin: parricida, killer of parents or another close relative)
The relationship, except the spouse, must be in the direct line and not in the collateral line.
Hence, if father the killed his son and was assisted by his nephew , then father is guilty of
parricide while the nephew committed murder or homicide as case maybe.
Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.
Elements:
That a person is killed.
That the deceased is killed by the accused.
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.
Note: The relationship, except the spouse, must be in the direct line and not in the collateral line. Hence, if father killed
his son and was assisted by his nephew , then father is guilty of parricide while the nephew committed murder or homicide as
case maybe.
What is the evidence needed to file a crime of Parricide?
1. Testimonial Evidence – Affidavit of complainant and
witnesses.
2. Documentary Evidence – photographs, videos, police
reports and other documents.
3. Object Evidence – weapon used and autopsy of slain
victims.
4. Other relevant evidence
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.
Note: Crime of Passion- a crime committed because of very strong emotional feelings, especially in
connection with a sexual relationship
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 (Alevosia), taking advantage of superior strength, with aid of armed
men, or employing means to weaken the defense or of means or persons to insure or
afford impunity;
2.In consideration of a price, reward or promise;
3.By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles
or with the use of any other means involving great waste and ruin;
4.On occasion of any of the calamities of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity;
5.With evident premeditation;
6.With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
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.
There is no evident premeditation without proof of planning.

EVIDENT – Clear to the eye or judgment.

INQUEST
Inquest is an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for the purpose of determining
whether or not said persons should remain under custody and correspondingly be
charged in court.

Commencement and Termination of Inquest

The inquest proceedings shall commence upon receipt by the Inquest Officer
from the law enforcement authorities of the complaint/referral documents which
should
include:
a. the affidavit of arrest;
b. the investigation report;
c. the statement of the complainant and witnesses; and
d. other supporting evidence gathered by the police in the course of the latter‟s
investigation of the criminal incident involving the arrested or detained
person.
e. the Inquest Officer shall, as far as practicable, cause the affidavit of arrest and
statement/affidavit of the complainant and the witnesses to be subscribed and
sworn to before him by the arresting officer and the affiants.
f. the inquest proceedings must be terminated within the period prescribed under
the provisions of Article 125 of the Revised Penal Code, as amended.

Note:
The penalties provided in the next preceding article shall be imposed upon
the public officer or employee who shall detain any person for some legal
ground and shall fail to deliver such person to the proper judicial authorities
within the period of twelve (12) hours, for crimes or offenses punishable
by light penalties, or their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or their equivalent, and
thirty-six (36) hours, for crimes or offenses punishable by afflictive or
capital penalties, or their equivalent.
Inquest Procedure
a. Documents required in specific cases – The investigator-on-
case shall prepare the following documents for
submission/presentation to the inquest
Prosecutor, to wit:
1. Murder, Homicide and Parricide
a) certified true copy/machine copy of the certificate of
death of the victim; and
b) Necropsy report and the certificated of post-mortem
examination, if readily available.
2. Frustrated or Attempted Homicide, Murder, Parricide and
Physical Injuries
a) medical certificate of the complaining witness showing the nature
or extent of the injury;
b) certification or statement as to duration of the treatment or medical
attendance; and
c) certificate or statement as to duration of incapacity for work.