SPECIALIZED CRIMINAL

INVESTIGATION 1
(with Legal Medicine)
Distinguish the different approaches in the conduct of criminal
investigation for each crime falling under the crimes against person of
the Revised Penal Code (murder, homicide, parricide, infanticide,
abortion, physical Injuries, and rape), essential provisions of R.A.
8049 ‘Anti Hazing Law’ as amended by R.A. 11053, R.A. 7877 ‘Anti-
Sexual Harassment Law’, R.A. 11313 ‘Safe Spaces Act’.
POINTS

5
 WARNING
Please Expect Crossovers
 What makes SCI different from
ordinary criminal investigation?
SCI deals with particular investigative methods
and techniques in solving serious and specific crimes.
On the other hand, ordinary criminal
investigation focuses on fundamental methods that
are applicable to all kinds of crime.
 Or this way –
SCI deals with specific investigative methods
and techniques in solving serious and certain
crimes.
SCI is concerned with attaining certain
objectives of a serious and specific crime.
Which of the following deals with the identity and location
of the culprit and the collection of evidence to prove in
court that the offender is guilty of a major crime?
a. criminal investigation
b. special crime investigation
c. cardinal points of investigation
d. crime scene investigation

B. special crime investigation

JUST TO KEEP IT SIMPLER
Not general, specific, particular, or certain –
CRIMES and INVESTIGATIVE METHODS
Serious or Major
CRIMES
 CRIME IS SOLVED
(Memorandum Circular no. 94-017)
1. Offender has been identified
2. There is a sufficient evidence to charge him
3. The offender has actually been taken into custody
4. The offender has actually been charged
(also known as Cleared Cases)
 Are you familiar with Homicide
Investigation?
A kind of investigation which is applied when the
committed offense involves killing or taking of life.
It is adopted when the crime under investigation is
murder, homicide, parricide, infanticide, or abortion.
What investigative method is applicable in offenses
which resulted in death of the victim?
a. legal medicine
b. special crime investigation
c. homicide investigation
d. crime against person

C. homicide investigation
A. Approach in the conduct of homicide
investigation
I. FOUR STEPS –
1. Establish Death
2. Identify the deceased
3. Determine the Time of Death
4. Conduct Post-Mortem Examination
 TERMS:
1. DECEASED – refers to the person or the victim whose death
is under investigation
2. POST-MORTEM – means after death
3. DEATH – simply means absence of life.
The cessation of all the vital activities of the human body
such as cardiac, respiration, and function of the CNS.
a. Respiration – Death by asphyxia
b. Activity in the CNS – Death by coma
c. Cardiac activity – Death by syncope
 RULE IN ESTABLISHING
DEATH
GENERAL –
In no case shall the ordinary investigator make
an official declaration of death in homicide
investigation.
 EXCEPTION
When death is demonstrated in a VERY
OBVIOUS MANNER
(Meaning, that any person of sound mind would
believe that the person is already dead)
Unless death is demonstrated in a very obvious
manner, who may make an official pronouncement of
death at the crime scene in homicide investigation?
a. Professional embalmer
b. SOCO Team Leader
c. Homicide investigator
d. Forensic Pathologist

d. Forensic Pathologist
The investigator on case has arrived at the crime scene
and saw a body lying on the floor. He declared that the
man he found is already dead. When could such
pronouncement of the investigator be considered ?
a. when he has CPD units for attending training on saving
lives
b. when the suspect is no longer at the scene
c. when there is no hospital near the area
d. when the head of the man is severed

d. when the head of the man is severed

 CLASSIFICATIONS OF
DEATH
(criminal or non-criminal)
1. Accidental Death = if due to negligence or imprudence
(civil damages)
2. Natural Death = cause is sickness or disease
3. Suicidal Death = took his own life
4. Violent Death = if the cause is criminal
 DUTIES OF HOMICIDE
INVESTIGATOR
1. He must not mistake an accidental death for natural death.
2. He must not mistake a violent death for natural, accidental
death, or suicidal death.

Note: violent death is also known as homicidal death.

BRIDGES which the homicide
investigator should NOT cross

1. when the dead body is moved

2. when the dead body is embalmed
3. when the dead body is cremated
The Rationale of the
FIRST BRIDGE
Make sure to photograph, measure and indicate in the
sketch the dead body before moving it.
It has something to do with Gross’ Golden Rule. The
body is considered an object in a crime scene. Hence, it shall
be treated as a physical evidence. It must be documented
first before collected.
The Rationale of the
SECOND BRIDGE
Embalming the deceased may remove traces of chemicals
(intoxicating liquor, drug, or poison).

Significance:
liquor – to weaken the defense of the victim (qualifying)
drug – date rape; medication
poison - murder
 STEP 2:
IDENTIFY THE DECEASED
Basic Principle in Homicide Investigation:
The homicide investigator must stand into the
dead man’s shoes.
- or -
The homicide investigator must know everything
about the deceased.
METHODS
1. Fingerprint Identification – the most positive and quickest means of
personal identification.
2. Skeletal Analysis – most ideal in determining the sex of the deceased
(shoulder bone, cranium, tibia, fibula, femur, pelvic bone)
3. DNA Fingerprinting – most ideal in determining paternity (succession rights,
legitime, legitimacy).
4. Visual Inspection – done by a person who has sufficient familiarity with the
facial features and appearance of the deceased.
5. Forensic Odontology – dental inspection; particularly ideal in
determining if the deceased is minor.
6. Personal Effects – when the deceased can no longer be
identified through visual inspection; done through examination
of belongings containing distinct features.
The prober saw the lifeless body of the victim at the
crime scene. Which of the following is done when it
is necessary to move the body of the deceased?
a. ask permission from the relatives of nearest kin
b. get a clearance from the COP
c. move the body when no one is watching
d. move it after a complete documentation

d. move it after a complete documentation

The homicide investigator should be knowledgeable in
terms of methods of identifying the deceased. Which of
the following is the purpose of identifying the
deceased?
a. to have a list of the deceased’s friends
b. to gather data about the reputation of the deceased
c. to develop a strong case
d. to identify the offender

d. to identify the offender

Which of the following is the most accurate but
expensive means of personally identifying a
deceased in homicide investigation?
a. Fingerprint Identification
b. DNA Fingerprinting
c. Forensic Odontology
d. Medico-legal Examination

b. DNA Fingerprinting
Julius, Jessa’s father has been missing for a week. Jessa
received an information that a lifeless body was found by the
police so she went to check it. The police told her that the
body was found with its head decapitated so maybe Jessa
could identify if the deceased is her father. Which method of
identification could be used by Jessa?
a. Fingerprint Identification
b. DNA Fingerprinting
c. Examination through personal effects
d. Forensic Odontology
c. Examination through personal effects
A dead body, naked and hogtied was found near the
coast. Which is the most ideal means of identification
that could be used by the relative of the deceased?
a. Fingerprint Identification
b. DNA Fingerprinting
c. Examination through personal effects
d. Examination through tattoo, birth marks, scars,
and other distinct characteristics or features

Answer: D
Article 248: MURDER
QUALIFYING CIRCUMSTANCES
1. With Treachery – the victim was defenseless and the offender
consciously took advantage of it.
Killing of a child of tender age.
2. Taking advantage of superior strength:
Attack made by a man with a weapon upon a girl
The deceased was wounded pulled by several accused and
stabbed with their knives.
Article 248: MURDER
QUALIFYING CIRCUMSTANCES
3. Employing means to WEAKEN THE DEFENSE–
Throwing of a cloak over the head of the victim.
Casting a sand or dirt upon the eyes of the victim.
4. Employing means or persons to insure or AFFORD IMPUNITY:
Covering face with a handkerchief before killing the victim.
5. In consideration of a price, reward or promise –
The one who received the reward or price or who accepted a
promise of price or reward is PRINCIPAL BY DIRECT PARTICIPATION.
PRINCIPAL BY INDUCTION – the one who gave the reward or
promise or the promise.
Article 248: MURDER
QUALIFYING CIRCUMSTANCES
6. By means of Fire, Poison, Explosion etc. –
People vs. Galura: The accused gave the victim a chocolate with
cantharide to excite the latter sexually. However, it resulted in the
victim’s death. The crime committed is only homicide, not murder.
7. With Evident Premeditation
1. time when the offender determined to kill his victim
2. an act of the offender manifestly indicating that he clung to his
determination to kill his victim
3. a sufficient lapse of time (at least three hours) between the
determination and killing (People vs. Leano)
8. With CRUELTY, OUTRAGING OR SCOFFING AT THE PERSON OR THE
CORPSE OF THE VICTIM
CRUELTY – adding physical suffering.
In killing, prolonging the agony of the victim is unnecessary.
Hence, when the victim was tortured before being killed by the accused,
who had the intent to kill the former, the crime committed is murder.

A person is found dead with wounds in the back, neck and other parts
of the body. What is the crime committed?
MURDER. It is either cruelty if the victim was still alive when
other wounds were inflicted or, otherwise, outraging or scoffing at his
corpse.
 SPECIALIZED CRIMINAL
INVESTIGATION 1
(with Legal Medicine)
Examine the following: kinds of death and
pathological classification of death and changes in
the body after death, and classification and
characteristics of wounds.
 CHANGES AND ONSET
1. Livor Mortis = 6-8 hours after death
2. Rigor Mortis = 2-6 hours after death
3. Putrefaction = 24 hours
* adipocere (ammonia-like odor when fresh)
* maceration (occurs in intrauterine deaths)
 STEPS in Homicide
Investigation
FOURTH: Post Mortem Examination
(On-Scene Examination / External
Examination)
* original position of the dead body
* cause of death
* wounds
 WOUNDS
1. Incised wounds = caused by sharp-edged instrument.
2. Stab wounds = caused by sharp-edged and pointed
object.
3. Punctured wounds = caused by pointed object.
4. Lacerated wounds = caused by blunt instrument.
5. Defense wounds = (location) found on forearms.
The baby was killed immediately by the offender
after a complete delivery. Which post mortem
change negates the possibility of infanticide?
a. there was maceration
b. there was cadaveric spasm
c. there is caloricity
d. there is post mortem flattening

a. there was maceration

The investigator must be aware of the elements of
the crime that he would prove in court. Which of the
following is the definition of infanticide under the
Philippine law?
a. killing of the baby inside the womb
b. killing of a baby who is a child of the offender
c. killing of a baby who is less than 3 years old
d. killing of a baby who is less than 3 days old

d. killing of a baby who is less than 3 days old

The homicide investigator believes that the murder
weapon was the screw driver covered with suspected
blood near the body of the deceased. Which kind of wound
may support the conclusion of the homicide investigator
as to the weapon used?
a. lacerated wound
b. stab wound
c. punctured wound
d. incised wound

c. punctured wound
Burden of proof depends on the presumption. In
murder cases, when can there be a presumption of
intent to kill?
a. when the victim survives
b. when the victim dies
c. when in the attempted stage
d. when in the frustrated stage

b. when the victim dies

 GUNSHOT WOUNDS
POE = point of entry (entrance wound)
POX = point of exit (exit wound)
Contact Fire or Shot = muzzle of the firearm is touching the skin
or body part.
It is indicated by the presence of:
tattooing – caused by gunpowder or grime
smudging – caused by smoke
singeing – caused by flame
Principle in determining the wounding firearm –
Wounding firearm = firearm used by the shooter which caused
the gunshot wound.

The DIAMETER of the point of entry may approximate the

caliber of the wounding firearm.
(The type of the wounding firearm may be identified by
determining the size of the gunshot wound)
caliber – the distance between two opposing lands of a rifled-
bore firearm.
gauge – the bore diameter of a smooth-bore firearm.
Entrance Wound (POE)
1. The wound is smaller than the missile (projectile, bullet,
balls) owing to elasticity of tissue EXCEPT in contact fire.
2. Edges are INVERTED
3. Usually ovaloid or rounded
4. Contusion Collar is present
5. Other products of combustion when firing is near
(tattooing, singeing and smudging)
6. May be positive to Paraffin test
Exit wound (POX)
1. Wound is always bigger than the missile.
2. Edges are averted
3. Variable shape
4. There is NO Contusion collar
5. NO products of combustion
6. Always negative to Paraffin Test
TYPES OF GUNSHOT
WOUNDS
(as to its cause)
Suicidal Gunshot Wound
Accidental Gunshot Wound
Homicidal Gunshot Wound
SUICIDAL GUNSHOT WOUND
1. Near contact or Contact shot shown by the presence
of tattooing, smudging, and singeing.
2. There is a single gunshot wound
3. Portion of body involved accessible to the hand
4. History of despondency, family problem.
ACCIDENTAL GUNSHOT WOUND
1. Usually there is but one shot
2. There is no special area of the body involved
3. Testimony of witnesses
HOMICIDAL GUNSHOT WOUND
1. The site or sites of the wound of entrance has no point of
election. (unlike suicidal gunshot wound)
2. Victim is some distance away from the assailant
3. Defense wound or any signs of struggle (torn clothes)
4. Disturbance of surroundings
5. Wounding firearm is usually NOT FOUND AT THE SCENE
(unlike in suicidal or accidental gunshot wound)
6. Testimony of the witnesses
 Other kinds of killing
1. PATRICIDE – killing one’s father
2. MATRICIDE – killing one’s mother
3. FRATRICIDE – killing one’s brother
4. SORORICIDE – killing one’s sister
5. UXORICIDE – killing one’s wife
6. FILICIDE – killing of a child (anak)
7. PROLICIDE – killing one’s offspring
8. EUTHANASIA – mercy killing (killing to end suffering)
 Other kinds of killing

9. HOSTICIDE – killing of an enemy

10. REGICIDE – killing of a king or queen
11. HOSPITICIDE – killing of a host / guest
12. VATICIDE – killing of a priest
 HAZING
(R.A. No. 11053)
Hazing refers to any act that results in physical or
psychological suffering, harm, or injury inflicted on a recruit,
neophyte, applicant, or member as part of an initiation rite xxx
R.A. No. 11053 – Anti-Hazing Act of 2018.
INITIATION RITES – refer to ceremonies, practices, rituals, or
other acts, whether formal or informal, that a person must perform or take
part in order to be accepted into fraternity, sorority, organization as a full-
fledged member. It includes ceremonies practices , rituals, and other acts in
all stages of membership in a fraternity, sorority, or organization.
or practice made as a prerequisite for admission or a requirement
for continuing membership in a fraternity, sorority, or
organization xxx

including, but not limited to paddling, whipping, beating,

branding, forced calisthenics, exposure to the weather, forced
consumption of any food, liquor, beverage, drug or other
substance, or any other brutal treatment or forced physical
activity which is likely to adversely affect the physical and
psychological health
of such recruit, neophyte, applicant, or member. This shall also
include any activity, intentionally made or otherwise, by one
person alone or acting with others, that tends to humiliate or
embarrass, degrade, abuse, or endanger, by requiring a recruit,
neophyte, applicant, or member to do menial, silly, or foolish
tasks.

ORGANIZATION – organized body of people which includes,

but it is not limited to, any club, association, group, fraternity, and
sorority. This term shall include the Armed Forces of the Philippines
(AFP), the Philippine National Police (PNP), the Philippine Miltary
Academy (PMA), the Philippine National Police Academy (PNPA), and
other similar uniformed service learning institutions.
OTHER PRINCIPALS
1. OWNER or LESSEE of the place
2. PARENTS of one of the officers or members
Key Requirements:
(sine qua non: without these, they are not liable)
1. knowledge of hazing
2. failed to prevent or report to the law
enforcement authorities
EXCEPTION: peril to their person or family
OTHER ACCOMPLICE
1. School authorities including faculty members
Faculty Adviser – the person who is responsible for monitoring the
activities of the fraternity, sorority, or organization established or registered.

2. Barangay, municipal, or city officials

If it can be shown that they allowed or consented to the conduct of

hazing but failed to take action to prevent the same or promptly
report to the law enforcement authorities.
Exception: peril to their person or their family.
In addition to criminal liability, they are also administratively liable.
Prima facie evidence of participation
Prima Facie – if not contradicted, it is sufficient on its face to
establish a fact constituting a claim or defense.
CAN STAND UNLESS CONTRADICTED.
Note: it is also a requirement for the burden of evidence
to be shifted to the other party.

Rebuttal evidence – evidence to contradict or oppose.

Sur-rebuttal evidence – response to rebuttal evidence by the
responding party.
Prima facie evidence of participation
The presence of any person even if such person is not a
member of the fraternity, sorority, or organization, during the
hazing is prima facie evidence of participation therein as a
PRINCIPAL unless
1. prevented the commission of acts punishable herein;
2. promptly reported the same to the LEA.

EXCEPTION: peril to their person or their family

NOTE
1. The incumbent officers of the fraternity, sorority, or
organization concerned shall be jointly liable with those
members who actually participated in the hazing
2. Any person charged under this Act shall NOT be
entitled to mitigating circumstance that there was no
intention to commit so grave a wrong.
3. If hazing is a requirement for the employment –
president, manager, director, or other responsible officer of
business or corporations are also liable.
RAPE (modes of committing rape)
1. RAPE BY SEXUAL INTERCOURSE:
* committed by a MAN
* Man had CARNAL KNOWLEDGE with a Woman
* without the CONSENT of the victim (Non-consensual)
 WHAT IS CARNAL
KNOWLEDGE?
The act of a man having sexually bodily
connections with a woman; SEXUAL INTERCOURSE.
An essential ingredient thereof is the penetration of
the female sexual organ of the male.
(People vs. Bormeo)
Rape
1. RAPE BY SEXUAL INTERCOURSE:
* committed by a MAN
* Man had CARNAL KNOWLEDGE with a Woman
* without the CONSENT of the victim (Non-consensual)

Carnal Knowledge
Carnal knowledge – sexual intercourse
Sexual intercourse – when there is PENETRATION.
Penetration
1. Mere touching of either labia is not
consummated rape.
(People vs. Campuhan)
The penis must ENTER INTO the
LABIA MAJORA.
2. The penis must touch both LABIAS
(People vs Navarro, 221 SCRA 684
[1991])
“Touching” – penetration (if labia
majora was entered into by the penis
and the labia minora were touched)
 People vs. Romero
(G.R. No. 208835) January 19, 2018
1. There must be a PENETRATION
mere touching of the vagina is insufficient
2. Full penile penetration IS NOT NECESSARY.
Rape
1. RAPE BY SEXUAL INTERCOURSE:
* committed by a MAN
* Man had CARNAL KNOWLEDGE with a Woman
* without the CONSENT of the victim (Non-consensual)

Carnal Knowledge
Carnal knowledge – sexual intercourse
Sexual intercourse – when there is PENETRATION.
Penetration – NOT mere grazing or stroking of the surface or
touching the mons pubis.
Rape
1. RAPE BY SEXUAL INTERCOURSE:
* committed by a MAN
* Man had CARNAL KNOWLEDGE with a Woman
* without the CONSENT of the victim (Non-consensual)

WITHOUT CONSENT
a. forcible (threat, violence)
b. fraudulent machination or gabuse of
c. victim is unconscious
d. under 16 years old (kahit pumayag; mag-ingat po tayo)
 RAPE (Sexual Assault)
1. The OFFENDER commits an act of sexual
assault;
2. Act of sexual assault is committed by any of
the ff:
a. inserting a penis into another
person’s mouth or anal orifice
b. inserting any instrument or object
into the genital or anal orifice of another
person
3. Without the consent (similar to Rape by SI)
SB No. 1249
Obaña vs. Hon. Soriano et al.
Whether or not “finger” is included within the
contemplation of “object” in paragraph 2 of Article
266-B results in an ambiguity that calls for the
application of the rules and conventions of
construction.