Scinves Lecture

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.
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
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.
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.
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.
What is the evidence needed to file a crime of Death of Physical Injuries under Exceptional
Circumstance?
1. Testimonial Evidence – Affidavit of complainant and witnesses
3. Object Evidence – weapon used.
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;
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.
What is the evidence needed to file a crime of Murder?

3. Object Evidence – Autopsy, weapons used and other Forensic Reports.
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)
What is the evidence needed to file a crime of Homicide?

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).
What is the evidence needed to file a crime of Infanticide?
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.
HOMICIDE (GENERIC) INVESTIGATION

a. Upon Receipt of Call/Walk-in Complaint. The duty desk officer shall:
1. Record the time it was reported;
2. Get the identity of the caller/complainant;
3. Get the place of the incident;

4. Get the nature of the incident;
5. Get the number of victims;
6. Record the brief synopsis of the incident;
7. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first responder
equipped with a camera and “police line” to secure the place of incident; and
8. Inform the duty investigator (preferably one team of investigator).
b. Guidelines in Homicide Investigation

1. Record the time the call was received as well as the time of arrival at the scene.
2. Preserve the crime scene.
3. Do not remove anything until its location and position have been noted and photographed. The
position of evidence should be measured and/or photographed in reference to permanent fixtures in
the crime scene.
4. Pay attention to the wound inflicted which may have caused the death of the victim and how it was
committed.
5. Designate one person to pick up all physical evidence. No one should touch or move anything unless
and until the fingerprint technician has finished his tasks.
6. A systematic, detailed search of the crime scene should be conducted.
7. Colored as well as black-and-white photographs should be taken.
8. Look for physical evidence that will tend to prove the elements of the crime under investigation.
9. Take note of unusual odors, symbols, fetishes, rituals.
10. When the body is finally moved, attention should be given to the area beneath the body.
11. While moving the body, use a rubber sheet to prevent contaminating the crime scene with spilled
blood.
12. Conduct a careful inspection of a dead person holding a gun.
(The hand of a dead person usually has no gripping power. Therefore, if the gun was placed in an
unnatural position (Cadaveric Spasm), it may have been placed in the hand after the death of the
person).
13. Note the condition and types of food at the crime scene as the pathologist may be able to use this
information in determining whether the victim‟s last meal was eaten at the crime scene.
14. The course and direction of each bullet should be determined. This applies to the trajectory of the
bullet through the body as well as the trajectory of the bullet through a solid object at the crime scene.
15. If all slugs were not removed at the crime scene, have the body X-rayed. This is excellent for
determining the distance of fire from patterns and shows the trajectory of the bullet through the body.
16. Take photographs of all bystanders. These may be helpful later to identify possible witnesses or
subject (who sometimes DOES return to the crime scene).
17. Try to:

a) Determine if any of the victim‟s valuables are missing.
b) Record the color of blood stains (bright red, reddish brown, brown, black or almost black).
c) Determine what portion of the stain is wet (just the center, completely wet, completely dry, dry
around the edges) for an estimate of time of death.
d) If the blood is wet, see if a paper clip will separate the stain as it goes through or if the blood will flow
together again.
e) Note the size, dimension and location of blood drops.
f) Determine the direction and distance of blood drops.
g) Enter in your notebook details of the test to determine whether the victim is still alive. Record if the
body is cool to touch, warm, etc.
h) Record the weather, as well as weather changes (sunny to cloudy or vice-versa).
i) Talk to everyone with whom the suspect has spoken.
j) Look for weapons which could have inflicted the wounds.
k) Obtain soil samples (double handfuls) at ten-foot intervals in circles around the body and the scene,
when appropriate.
l) Take samples of other items for exclusionary purposes.
m) Obtain botanical samples when necessary.
n) Take a temperature reading of the scene. If the body is submerged in a bathtub, record the
temperature of the water at the time of your arrival.
18. If it is necessary to cut the victim‟s clothing, avoid using bullet or knife holes. Where possible, cut
the clothing along seams so that the clothing can be restored to approximately its original condition.
19. The spatter pattern of blood spots should be noted as it is:
a) An aid in determining if the object or persons was in motion when the blood spattered.
b) Possible for an expert to tell you how the crime was committed as indicated by the blood spots.
c) Possible to trace every spot to its origin by observing its characteristics.
d) Indicative of whether it was a result of a weapon striking a victim, or it was thrown there from a
weapon, or it was created by some other weapon.
20. BE CAUTIOUS. Remember that fingerprints may be present on light switches, light bulbs, telephone,
doorknobs, etc.
21. When fingerprints are on an object which has a dark color, consider using fluorescent powder as the
standard fingerprint powders are not as effective in developing latent prints on such objects. Aerial
photographs of the crime scene and escape route should be taken, when possible and practicable.
c. Things to Remember in the conduct of Homicide (Generic) Investigation
Places of Importance
1. The crime scene. Make a methodical and thorough search.
2. Avenues of approach. How did the killer(s) arrive?
3. Avenues of escape. Investigate and search along this route.
4. Places where victim was seen immediately prior to his death. Who was with him/her? What was he
doing? Was this customary? Get the time.
5. Places where suspect claims he was; places where he was seen before, during and after the crime was
committed for the purpose of checking his alibi.
6. Places where evidence can be found. Weapons or poison, etc. – Where can they be obtained? Where
can they be hidden?
7. Places where the suspect and the victim were frequently seen before the commission of the crime.
8. Place/s of suspect/s lairs.
Times of Importance
1. Time of death
2. Time crime was reported
3. Time of arrival of police at the scene
4. Time victim was last known to be alive
5. Time relative to victim‟s movement preceding death
6. Time relating to suspect(s) movements.
7. Time the crime scene was turned over by the first responder to the investigator.
8. Time the investigator arrived at the crime scene.
9. Time started/terminated processing of the crime scene by the investigator and the SOCO.
10. Time the recovered evidence was turned to evidence custodian.
11. Time the investigator was dispatched.
12. Time of the arrival of SOCO team at the Crime Scene.
Persons of Importance
1. Victim - victim‟s personal background/history and his/her relationship with other people.
2. Witnesses - Get their statements without delay.
3. Suspects - Isolate them if there is absolute evidence against them.
4. Person who reported the crime - Remember that he probably has key information. Check out his
statement.
5. Persons who stand to gain by the death. This is a sensitive matter. Be circumspect in your approach.
6. Relatives and other sources of information.
Things of Importance
1. Body of the deceased.
2. Properties or belongings of the deceased. Here, we may find motive.
3. Weapons – what in particular? Locate, list and record them as evidence.
4. Means of transportation
5. Sounds, shots, screams, arguments, or falling objects.
6. Odors – gunpowder, distinctive smell of poison, etc.
7. Items of evidence should be legally obtained and carefully preserved.
d. Handling the suspect

1. Obtain the following evidence from the suspect:
a) The suspect‟s clothing should be photographed, marked, and sent to the crime laboratory for
examination.
b) Any scratches on the suspect should be photographed.
c) Fingernail scrapings should be obtained.
d) Take blood samples from the suspect in a medically approved manner and with proper legal
justification.
e) Take hair samples.
f) Have the fingerprint technician check the paper money which may have been taken from the victim‟s
house for the victim‟s fingerprints.
g) Check the suspect‟s personal effects very closely for items of evidentiary value.
h) Obtain teeth mark impressions when appropriate.
i) Semen samples in rape or rape with homicide cases should be obtained medically.
j) Consider polygraph examinations.
2. Never take a suspect or a subject to the crime scene in the clothing he was wearing at the time he was
arrested. (This includes shoes.) The accused lawyer may later claim that the clothing was contaminated
at the scene of the crime.
3. Attempt to ascertain the following:
a) The suspect‟s mode of living as compared to the amount of his income.
b) The suspect‟s mode of living before the crime as compared to his mode of living after the crime.
(Compare his financial condition before the crime with his financial condition after the crime).
c) Compare his behavior before the crime with his behavior after t the crime.
d) Make a methodical and complete check of the suspect‟s alibi.
e. Body and Post-Mortem

1. Designate a member of the investigating team to secure the cadaver from the scene up to the place
where the autopsy will be conducted.
2. An investigating officer should remain at the autopsy area to prevent the embalming of the cadaver
and to prevent anyone from touching or removing any of the clothing from the said cadaver until the
medico-legal officer arrives.
3. Obtain a copy of the autopsy report.
4. Make a detailed report to the Chief of Office regarding the findings of the medico-legal officer.
f. Follow-up Investigation
1. Look for possible witness/es, who may be close friends or relatives of the victim, past pictures of the
victim with anyone, or even relatives that can possibly help in the solution of the case.
2. Methodically interview residents in the area and record the interviews by using a tape recorder or
taking notes.
3. Re-enact the crime to possibly establish what transpired at the crime scene.
4. Return to the crime scene during the time of day the crime was committed. (As we are all creatures of
habit, possible witnesses and suspects can be located through this technique).
5. Conduct case conference for regular updates.
6. Check the victim‟s and the suspect‟s toll calls. (Records of toll calls are usually retained for
approximately three months by the telephone companies).
7. Present photographs and crime reports to several psychiatrists to ascertain what type of person
would commit such a crime, including the motives.
8. If there is/are already witnesses, keep them separated so that they will give what they personally
observed and not just corroborate what others are saying.
g. Court Preparation
1. Have a diagram of the crime scene and the location of all evidence.
2. Make a list of the evidence on hand and what you hope to prove with it.
3. Be prepared to show the following:
a) Relationship existed between the victim and the suspect.
b) Indications that the suspect threatened to harm the victim.
c) Possible witnesses to the threats.
d) A photograph of the crime scene (before and after processing) can be very helpful.
e) Review everything, including testimony, with the prosecutor before trial.
f) Review with witnesses their testimony to refresh their memory.
A. Death – death is defined as the absence of life in a living matter.
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 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
B. Points to be Considered in Identifying a Person

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.
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.
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 smaller muscles 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.
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.
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)
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:

Usually there is but one shot.
There is no special area of the body involved
Testimony of the witnesses
C. Evidence to show that the wound is homicidal:

The site or sites of the wound of entrance has no point of election.
The fire is made when the victim is usually some distance away from the assailant
Signs of struggle/ defense wound maybe present in the victim.
There maybe disturbance of the surrounding on the account of the previous struggle.
Wounding firearm is usually not found at the scene of the crime
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.
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
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 forceable 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.
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 neighborhood 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.
RAPE INVESTIGATION
REPUBLIC ACT NO. 8353 AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING
THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES.
Article 266-A. Rape: When And How Committed. - Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of
the circumstances mentioned above be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another person.
Under R.A. 8353, the penalties for rape perpetrators vary depending on the act itself and the
circumstances surrounding it. These are the following:
Reclusion perpetua (imprisonment from 20 to 40 years) is imposed on the offender if rape is committed
through sexual intercourse
Prision mayor (imprisonment from six to 12 years) is imposed on the offender if rape was committed
through oral or anal sex or through the use of any object or instrument that was inserted into the mouth
or anal orifice of the woman or a man. This may also be elevated to reclusion temporal (imprisonment
from 12 to 20 years) or reclusion perpetua depending on the circumstances surrounding the crime.
Rape is qualified under the following circumstances:
a) When the victim is under 18 years old and the offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil degree, or the common law spouse of the
parent of the victim;
b) When the victim is under the custody of the police or military authorities or any law enforcement or
penal institution;
c) When the rape is committed in full view of the spouse, parent, any of the children or other relatives
within the third civil degree of consanguinity;
d) When the victim is a religious engaged in legitimate religious vocation of calling and is personality
known to be such by the offender before or at the time of the commission of the crime;
e) When the victim is a child below 7 years old;
f) When the offender knows that he is afflicted with human Immuno-Deficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease
is transmitted to the victim;
g) When the offender is a member of the armed forces of the Philippines or para-military units thereof
or the Philippines National Police or any law enforcement agency or penal institution, when the offender
takes advantage of his position to facilitate the commission of the crime;
h) When by reason or on the occasion of the rape, the victim suffered permanent physical mutilation or
disability;
i) When the offender knew of the pregnancy of the offended party at the time of the commission of the
crime; and
j) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime.
NOTE:
1. Under RA 8353 which amended the Penal Code, on October 22, 1997, a male or female can now
commit rape.
2. “Effect of pardon” – The subsequent valid marriage between the offender and the offended party
shall extinguish the criminal action or the penalty imposed.
3. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the
offended party shall extinguish the criminal action not be abated if the marriage be void ab initio.
c. What are the evidence needed to file a crime of Rape?
3. Object Evidence – Medical records, seminal/DNA Test, weapons used and other forensic reports.
REPUBLIC ACT NO. 8505 AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS,
ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING
THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES.
This Act shall be known as the "Rape Victim Assistance and Protection Act of 1998."
Duty of the Police Officer. — Upon receipt by the police of the complaint for rape, it shall be the duty of
the police officer to:
(a) Immediately refer the case to the prosecutor for inquest/investigation if the accused is detained;
otherwise, the rules of court shall apply;
(b) Arrange for counseling and medical services for the offended party; and
(c) Immediately make a report on the action taken.

It shall be the duty of the police officer or the examining physician, who must be of the same gender as
the offended party, to ensure that only persons expressly authorized by the offended party shall be
allowed inside the room where the investigation or medical or physical examination is being conducted.
For this purpose, a women's desk must be established in every police precinct throughout the country
to provide a police woman to conduct investigation of complaints of women rape victims. In the same
manner, the preliminary investigation proper or inquest of women rape victims must be assigned to
female prosecutor or prosecutors after the police shall have endorsed all the pertinent papers thereof
to the same office.
Protective measures. — At any stage of the investigation, prosecution and trial of a complaint for rape,
the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint shall
recognize the right to privacy of the offended party and the accused. Towards this end, the police
officer, prosecutor, or the court to whom the complaint has been referred may, whenever necessary to
ensure fair and impartial proceedings, and after considering all circumstances for the best interest of the
parties, order a closed-door investigation, prosecution or trial and that the name and personal
circumstances of the offended party and/or the accused, or any other information tending to establish
their identities, and such circumstances or information on the complaint shall not be disclosed to the
public.
The investigating officer or prosecutor shall inform the parties that the proceedings can be conducted in
a language or dialect known or familiar to them.
Rape shield. — In prosecutions for rape, evidence of complainant's past sexual conduct, opinion thereof
or of his/her reputation shall not be admitted unless, and only to the extent that the court finds, that
such evidence is material and relevant to the case.
Evidence Identification & Collection
On-scene physical evidence is anything tangible that can establish a crime was committed or link the
crime and the victim and/or the perpetrator and the victim. However, collection of physical evidence
requires an investigator to first recognize such evidence. Further, the value of evidence is limited in
court unless investigators take care to properly collect, preserve and analyze it.
Unless it's a stranger-to-stranger rape case, the perpetrator often claims intercourse was consensual,
and without any associative evidence to the contrary, the victim's word is pitted against the
perpetrator's claims. So, investigators should photograph and videotape any sign of a struggle at the
scene, such as broken furniture or other objects and items in disarray. Further evidence of a struggle
includes injury to the victim; these photographs are normally taken at the hospital.
Preserve the bedding, or any other object on which the rape took place, and send it to the crime lab for
analysis. The contact between the victim and the perpetrator may have resulted in the transfer of
physical evidence in the form of semen, blood, hairs, skin fibers or other trace evidence, which will
prove vital in identifying the assailant and/or prosecuting the case.
Properly collect all such evidence, including the clothing and undergarments worn by the victim.
Evidence technicians use oblique and ultraviolet light to help spot hair and fibers, and blue light to assist
in detecting semen.
One discrepancy between books on forensic science and real-life investigations is the suggestion the
victim should be asked to disrobe over a clean cloth or bed sheet so any fibers or loose pubic hairs from
the perpetrator can be properly collected. In an ideal world, this would be the perfect way to collect this
type of evidence.
In the majority of cases, a search of the victim's clothing for crime evidence is done at the hospital. This
is often a better setting in which to ask the victim to disrobe, take photographs of any injuries to her
body and place each article of clothing in a separate container for later lab analysis. The chain of custody
of evidence is vital, so a police officer must accompany the victim to the hospital, meaning an officer
must ride in the ambulance with the victim.
investigators must photograph any physical injury to the victim, such as bruises and bleeding. Biological
evidence, such as semen, may indicate sexual intercourse did take place, but that does not establish a
prima facie case of rape. Injury to the victim is corroborative evidence of violence and is especially useful
in cases where the suspect claims consensual sex.
Deoxyribonucleic Acid (DNA)
The discovery of DNA has revolutionized criminal investigation. An individual's identity can be obtained
from sweat, skin, blood, tissue, hair, semen, mucus, saliva and almost any biological sample. The
evidence collected at the crime scene and during the medical examination of the victim is crucial to
obtaining DNA evidence that may identify the perpetrator. If there is a suspect in the case, there are
several ways to obtain a DNA sample, including voluntarily, surreptitiously and under court order as a
result of a search warrant. I prefer obtaining a search warrant, because even a signed authorization from
the suspect proving "knowing and intelligent consent" or a "legal" search through a person's trash for a
discarded napkin containing saliva is fraught with legal challenges.
Deoxyribonucleic Acid (DNA)
Voluntary Submission
People can't be forced to provide a DNA sample. Investigators must obtain a signed and witnessed
authorization form from the suspect. The form contains language similar to the Miranda rights waiver,
and includes consent to an oral swab and/or a blood sample for the purposes of DNA testing. Instructing
a suspect to swab his inside cheek is a simple procedure any police officer can conduct.
Surreptitious Obtainment
Because DNA can be obtained from biological material, anything containing saliva, mucus, skin, etc. may
be used to obtain an individual's DNA typing. The key is the suspect must have discarded an item, such
as a cigarette butt, in a public place to which the police have legal access. A soda can, food or napkins
may contain skin cells or saliva from inside the suspect's mouth, which could result in a DNA typing,
linking the suspect to the rape.
Search Warrant
Because search warrants must specifically declare the evidence sought, investigators must list any
objects or samples from which a DNA analysis can be obtained. This might include the suspect's clothing
and anything that might contain blood or semen stains. Clothing worn by the suspect must be legally
obtained. If the suspect is under arrest, investigators could theoretically seize the clothing without a
warrant. However, as I mentioned earlier, a search and seizure warrant is the preferred method of
obtaining DNA evidence because the likelihood of such evidence being admitted in court is substantially
greater than when the suspect voluntarily submits evidence or when it's obtained in a surreptitious
manner or as part of a search incidental to arrest.
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.
What are the evidences needed to file the crime of robbery?

1. Testimonial Evidence – Affidavit of complainant and witnesses
2. Documentary Evidence – photographs, videos, police reports and other documents
3. Object Evidence – stolen items, weapons and other devices
General Types of Robbers

1. Amateurs – motivated by greed, the desire for a thrill and self-testing.
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 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.
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
7. Tools
8. Observed odd behavior patterns in the crime scene
9. Cords and ropes used
10. Firearms used
11. Means of escape
Anti-Piracy and anti-highway robbery law of 1974 (P.D. 532)
Piracy – any attack upon or seizure of any vessel, or taking away of the whole or part thereof or its
cargo, equipment or the personal belonging of its complements or passengers, irrespective of value
thereof, by means of violence against or intimidation of persons or force upon things, committed by any
persons, including a passengers or member of the compliments of said vessels in Philippine waters.
Highway Robbery/ Brigandage – the seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or intimidation of
persons or force upon things of other unlawful means committed by any person or any Philippine
highway.
Anti-Cattlle Rustling Law of 1974 (P.D. 533)

Cattle Rustling – Is the taking away by any means, methods or scheme, without the consent of the
owner/raiser, or any of the above animals (cow, carabao, horse, mule or other domesticated member of
the bovine family) whether or not for profit or gain, or whether committed with or without violence
against or intimidation of any person or force upon things. It includes the killing of large cattle, or taking
its meat or hide without the consent of owner/raiser.
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;
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.
What is the evidence needed to file a crime of Kidnapping and Serious Illegal Detention?
3. Object Evidence – Medical records, autopsy, seminal/DNA Test, weapons used and other forensic
reports.
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
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. All details should be obtained.
3. Re interview all witnesses
4. Conduct surveillance
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
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.
CARNAPPING INVESTIGATION
Elements:
1. Unlawful taking
2. Intent to gain
3. Motor vehicle belonging to another
4. Lack of owners consent
5. Use of violence against or intimidation of persons, or force upon things
MOTIVES OF CARNAPPING
1. Joy riding
2. Theft for Resale
3. Transportation for other crimes
4. Stripping and chop-chop operation
VEHICLE IDENTIFICATION NUMBER
VIN is unique to a Motor vehicle as a fingerprint is to a human being. The primary purpose of VIN is for
identification and registration. Consist of a combination of 17 letters and numbers
TOOLS OF THE TRADE

1. Slim Jim
2. Slide Hammer
3. Ignition Extractor
4. Force Tool
5. Key Cutter, Codebook and Blank Keys
Recognizing a Suspected Carnapped Motor Vehicle
1. Missing locks
2. Vehicles Parked away from the main Flow of Traffic
3. Accumulation of dirt or old parking tickets
4. Lack of license plates
5. Missing license plate no. or parts
BOMB THREAT AND

EXPLOSION INVESTIGATION
SPECIFIC INVESTIGATIVE PROCEDURES: A General Procedure Upon Receipt of Explosive-Related
Incident such as discovery of IED/explosive materials, bomb threats and explosion:
a. Desk Officer shall ask for and record in the Police Blotter the following from the source of
information:
1. Name of the source
2. Contact information of the source
3. Exact location of the incident
4. Time and date of the incident
5. Details of the incident
b. Desk Officer shall inform the Chief of Police about the incident.
c. Desk Officer shall dispatch mobile or foot-patrol police personnel to verify the incident.
d. Desk Officer shall direct the TOC to call the following emergency service agencies, request them to
be on standby while verification of the incident is on-going and seek their assistance once the incident
is verified:
1. Police Bomb Squad Units/EOD Team
2. SOCO Operatives
3. Fire Services
4. Emergency Medical Services/Rescue
5. Engineering Services (for lighting, heavy equipment, etc.)
6. Utility Services (Electric and Water)
7. Other agencies (Philippine Red Cross, Metro Manila Development Authority, NDCC, etc.)
e. Desk Officer shall inform his Commander (Station Commander, Chief of Police, etc.) about the
incident and all actions taken.
DURING VERIFICATION OF THE INCIDENT BY THE FIRST RESPONDER/S OR INVESTIGATORS:

a. The First Responder/Investigator shall record the information about the nature of their dispatch in
their notebooks or ticklers. They should be equipped with a camera or video recorder for capturing the
condition of the scene upon their arrival and any succeeding events.
b. They shall proceed to the incident scene.
c. They shall assess the situation at the scene of the incident and immediately notify the Desk Officer
who will in turn inform his Chief of Police about the confirmation of the incident.
d. In case IED/explosive materials are found, request for the immediate assistance of the Bomb
Squad/EOD Team.
e. They shall cordon the area to preserve and secure the crime scene and wait for the arrival of the
Bomb Squad/EOD Team.
f. If the scene is obvious for signs of an explosion, First Responders/Investigators shall cause the
immediate evacuation of people who were injured from the crime scene. Whenever possible,
immediately maintain order and control of the crowd. THEY SHALL NOT TOUCH, REMOVE, OR ALTER
ANY PIECE OF EVIDENCE (INCLUDING DEAD PEOPLE).
g. Initiate immediate investigation.
KEY INFORMATION NEEDED FOR BOMB THREAT: Time of call or suspected package (bomb threat) was
received.
Explosion/Bombing Incident
1. Minor Case – the explosion has no fatality nor incurred damage to property.
PROCEDURE:
a) Request assistance of Bomb Squad Unit/EOD personnel to determine the cause of explosion, and
whether criminal or accidental in nature.
b) If incident is criminal in nature, gather information from witness(es) and determine the significance of
place where the explosion occurred.
c) Determine existence of a target and establish motive.
d) If no lead is developed, information gathered can be used for future reference.
Explosion/Bombing Incident
2. Major Case – the explosion incurred injuries or death of person or number of persons and damage to
property.
POST-BLAST INVESTIGATION (PBI) PROCEDURE:
a) Conduct preliminary evaluation of the crime scene. First Responders must assess the scene quickly yet
thoroughly to determine the course of action to be taken.
b) Exercise scene safety. First Responders must take steps to identify and remove or mitigate safety
hazards (e.g. secondary device(s), hanging live electric wires, weak building structure) that may further
threaten victims, bystanders and public safety personnel.
c) Administer life-saving efforts. First Responders must rescue living victims and provide treatment for
life-threatening injuries.
d) Establish security and control. First Responders will establish control and restrict scene access to
essential personnel (EMS), thereby aiding rescue efforts and scene preservation.
e) Ensure scene integrity. The Incident Commander must ensure the integrity of the scene by
establishing security perimeters and staging areas, contamination control procedures and evidence
collection and control procedures.
f) Conduct scene walkthrough. The Incident Commander must conduct walkthrough with respective
Team Leader of Investigators, Bomb Squad Unit and SOCO to establish scene parameters, entry/exit
path, and to acquire overview of the incident.
g) Secure required resources. Following the walkthrough, the Incident Commander should meet the
available emergency responders and PBI Team for updates of the scene and to determine what
resources, equipment and additional personnel may be needed.
h) Develop written documentation. There should be a Decision Logbook, wherein every crucial decision
made related to the incident should be documented and signed by whoever made the decision such as,
allowing entry to crime scene by person(s) not member of PBI Team; removal of any object inside the
scene. First Responders and SOCO Team will prepare scene documentation (e.g. person who access the
scene, sketches, floor plans and architectural or engineering drawings); while the Investigators
document activities, noting dates and time associated with the incident, physical and environmental
conditions, statement given by the victims/witnesses, etc.
i) Photograph/Videotape the scene. Aside from the SOCO documentation, Investigator must have
his/her own documentation of the overall views and assembled crowd.
j) Locate and interview victims and witnesses. Investigators should obtain victim‟s/witnesses‟
identities/details, statements and information concerning their injuries and accounts of the incident.
k) Request the assistance of Bomb Squad Unit and SOCO. Secure the assistance of these technical
personnel to ensure a tight case.
l) Collect, preserve, inventory, package, transport of evidence to Crime Laboratory. Refer to Crime Lab
Manual.
m) Ensure that all investigative steps are documented. The Investigators must review all documentation
before releasing the scene.
n) Ensure crime processing is completed. The scene may be released only upon conclusion of the on-site
investigation and thorough evidence collection.
o) Release of crime scene by SOCO to Investigator-on-Case. Release the scene with the notion that there
is only one chance to perform the job correctly and completely and after completion of the final survey
and proper documentation.
p) Turnover of crime scene by the Investigator-on-Case to authorized person. The release of the scene
must be documented. The Investigator should ensure communication of known scene-related health
and safety issues to a receiving authority at the time of release.
RULE 115
Rights of Accused
Section 1. Rights of accused at the trial. — In all criminal prosecutions, the accused shall be entitled to
the following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence
at the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically
ordered by the court for purposes of identification. The absence of the accused without
justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be
present thereat. When an accused under custody escapes, he shall be deemed to have waived
his right to be present on all subsequent trial dates until custody over him is regained. Upon
motion, the accused may be allowed to defend himself in person when it sufficiently appears to
the court that he can properly protect his right without the assistance of counsel.
(d) To testify as a witness in his own behalf but subject to cross-examination on matters covered
by direct examination. His silence shall not in any manner prejudice him.
(e) To be exempt from being compelled to be a witness against himself.
(f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize
as part of its evidence the testimony of a witness who is deceased, out of or can not with due
diligence be found in the Philippines, unavailable or otherwise unable to testify, given in another
case or proceeding, judicial or administrative, involving the same parties and subject matter, the
adverse party having the opportunity to cross-examine him.
(g) To have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by law. (1a)
Republic Act No. 7438 April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL

INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being
and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers.–
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be provided with a competent
and independent counsel by the investigating officer.lawphi1Ÿ
(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel, or
by any national non-governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly accredited by the Office of
the President. The person's "immediate family" shall include his or her spouse, fiancé or fiancée,
parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece,
and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a
person who is investigated in connection with an offense he is suspected to have committed, without
prejudice to the liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the
case, those charged with conducting preliminary investigation or those charged with the prosecution of
crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with
light felonies;lawphi1©alf
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with
less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable
with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee: Provided, That the Municipal or
City Treasurer must certify that no funds are available to pay the fees of assisting counsel before
the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person
can only be detained by the investigating officer in accordance with the provisions of Article 125 of the
Revised Penal Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer,
who fails to inform any person arrested, detained or under custodial investigation of his right to remain
silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine
of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not
more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be
imposed upon the investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon
orders of such investigating officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate
family of a person arrested, detained or under custodial investigation, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or by his
counsel, from visiting and conferring privately with him, or from examining and treating him, or
from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night
shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6)
years, and a fine of four thousand pesos (P4,000.00).lawphi1©
The provisions of the above Section notwithstanding, any security officer with custodial responsibility
over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure
his safety and prevent his escape.
Section 3 Rules of Court. Admissibility of evidence- Evidence is admissible when it is relevant to the
issue and is not excluded by law or these rules.
I. Introduction.
A. Admissibility- the character or quality which any material must necessarily possess for it to be
accepted and allowed to be presented or introduced as evidence in court. It answers the question:
should the court allow the material to be used as evidence by the party?
B. Weight- the value given or significance or impact, or importance given to the material after it has
been admitted; its tendency to convince or persuade. Hence a particular evidence may be admissible
but it has no weight. Conversely, an evidence may be of great weight or importance but it is not
admissible.
II. Conditions for admissibility (Axioms of admissibility per Wigmore)
A. RELEVANCY (None but facts having rational probative value are admissible). Per section 4,
“Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-
existence”.
1. The material presented as evidence must affect the issue or question. It must have a bearing on the
outcome of the case. It requires both:
a). rational or logical relevancy in that it has a connection to the issue and therefore it has a tendency to
establish the fact which it is offered to prove. The evidence must therefore have probative value
b). legal relevancy in that the evidence is offered to prove a matter which has been properly put in issue
as determined by the pleadings in civil cases, or as fixed by the pre-trial order, or as determined by
substantive law. If so the matter has materiality.
Illustration: (i). Criminal case: the fact that the crime was committed at nighttime is rationally or
logically relevant to a killing at 12 midnight but evidence thereon would be not be legally relevant if
nighttime was not alleged in the Information. It would be immaterial. (ii) Civil Case: In an action for sum
of money based on a promissory note, evidence that the defendant was misled into signing the note
would be rationally relevant but if fraud was never alleged as a defense, then evidence thereof would be
legally irrelevant or immaterial.
The components of relevancy are therefore probative value and materiality.
2. Rule as to collateral matters: “Evidence on collateral matters shall not be allowed, except when it
tends in any reasonable degree to establish the probability or improbability of the facts in issue”
a). collateral matters-facts or matters which are not in issue. They are not generally allowed to be
proven except when relevant.
b) In criminal cases, the collateral matters allowed to be proven, being relevant include:
(i). Antecedent Circumstances, or those in existing even prior to the commission of the crime. They
include such matters as habit, custom, bad moral character when self defense is invoked; or plan design,
conspiracy, or premeditation, agreement to a price, promise or reward
(ii) Concomitant circumstances or those which accompany the commission of the crime such as
opportunity to do the act or incompatibility
(iii).Subsequent circumstances or those which occur after the commission of the crime, such as flight,
escape, concealment, offer of compromise
c). Example: Motive is generally irrelevant and proof thereof is not allowed except: when the evidence is
purely circumstantial, when there is doubt as to the identity of the accused, or when it is an element of
the crime.
B. COMPETENCY ( All facts having rational probative value are admissible unless some specific law or
rule forbids). In short the evidence is not excluded by law or rules.
III. Principles which exclude relevant or material evidence:
A. The Exclusionary Rule Principle - the principle which mandates that evidence obtained from an
illegal arrest, unreasonable search or coercive investigation, or in violation of a particular law, must be
excluded from the trial and will not be admitted as evidence.
1. The principle judges the admissibility of evidence based on HOW the evidence is obtained or acquired
and not WHAT the evidence proves.
2. The principle is to be applied only if it is so expressly provided for by the constitution or by a

particular law. Even if the manner of obtaining the evidence is in violation of a certain law but the law
does not declare that the evidence is inadmissible, then such evidence will be admissible.
Example: The accused claimed that information about his bank accounts i.e. trust funds, was obtained in
violation of the Secrecy of Bank Deposits Law ( R.A. 1405) and moved to have them be excluded as
evidence. HELD: R.A. 1405 nowhere provides that an unlawful examination of bank accounts shall
render the evidence there from inadmissible in evidence. If Congress has both established a right and
provided exclusive remedies for its violation, the court would encroaching upon the prerogatives of
congress if it authorizes a remedy not provided for by statute. Absent a specific reference to an
exclusionary rule, it is not appropriate for the courts to read such a provision into the act. ( Ejercito vs.
Sandiganbayan, 509 SCRA 190, Nov. 30, 2006).
3. The phrase is attributed to Justice Felix Frankfurter of the U.S. Supreme and has its biblical reference
to Mathew 7: 17-20.
B. The Doctrine of the Fruit of the Poisonous Tree
1. Evidence will be excluded if it was gained through evidence uncovered in an illegal arrest,
unreasonable search or coercive interrogation, or violation of a particular exclusionary law.
2. It is an offshoot of the Exclusionary Rule which applies to primary evidence. The doctrine applies only
to secondary or derivative evidence. There must first be a primary evidence which is determined to have
been illegally obtained then secondary evidence is obtained because of the primary evidence. Since the
primary evidence is inadmissible, any secondary evidence discovered or obtained because of it may not
also be used.
a. The poisonous tree is the evidence seized in an illegal arrest, search or interrogation. The fruit of this
poisonous tree is evidence discovered because of knowledge gained from the first illegal search, arrest,
or interrogation or violation of a law.
b. It is based on the principle that evidence illegally obtained by the state should not be used to gain
other evidence because the original illegally obtained evidence taints all those subsequently obtained.
C Illustrations:
A suspect as forced to make a confession where he revealed he took shabu from the room of X. Based
on this knowledge the police went to the house of X and with the consent of X, searched his room and
found the shabu. The confession is inadmissible because of the exclusionary. It is the poisoned tree. The
shabu is inadmissible because knowledge of its existence was based on the confession. It is the fruit.
D. Exceptions to the two principles- when evidence is still admissible despite the commission of an illegal
arrest, search or interrogation, or violation of a particular exclusionary law.
1. Under the Doctrine of Inevitable Discovery- Evidence is admissible even if obtained through an
unlawful arrest, search, interrogation, or violation of an exclusionary law, if it can be established, to a
very high degree of probability, that normal police investigation would have inevitably led to the
discovery of the evidence
2. Independent Source Doctrine- evidence is admissible if knowledge of the evidence is gained from a
separate or independent source that is completely unrelated to the illegal act of the law enforcers.
3. Attentuation Doctrine: evidence maybe suppressed only if there is a clear causal connection between
the illegal police action and the evidence. Or, that the chain of causation between the illegal action and
the tainted evidence is too attenuated i.e too thin, weak, decreased or fragile. This takes into
consideration the following factors:
a). The time period between the illegal arrest and the ensuing confession or consented search
b). The presence of intervening factors or events
c). The purpose and flagrancy of the official misconduct
E. Remedy : By filing a Motion to Suppress the Evidence
III. Evidence Excluded by the Constitution
A. Under Article III of the Constitution the following evidence are inadmissible
1. evidence obtained in violation of the right against unreasonable search and seizure
2. evidence obtained in violation of the privacy of communication and correspondence, except upon
lawful order of the court or when public safety or order requires otherwise
3. evidence consisting of extra-judicial confessions which are uncounselled, or when the confessant was
not properly informed of his constitutional rights, or when the confession was coerced
4. evidence obtained in violation of the right against self-incrimination
B. Principles:
1. The exclusionary rule in all the foregoing provisions is TOTAL in that the inadmissibility or
incompetency applies to all cases, whether civil criminal or administrative, and for all purposes.
2. The incompetency applies only if the evidence was obtained by law enforcers or other authorized
agencies of the government. It does not apply if the evidence was obtained by private persons such as
private security personnel or private detectives even if they perform functions similar to the police
whenever a crime was committed.
a). Thus evidence obtained by the following are not covered by the constitutional provisions: (i) the
security personnel or house detectives of hotels or commercial establishments or schools (ii) private
security agencies even if they are guarding public or government buildings/offices (iii) employers and
their agents.
It will be some other appropriate principle on the admissibility of evidence which will govern.
b). However, by way of exception, the rule of incompetency applies if what are involved are the private
correspondence of an individual. In Zulueta vs. CA ( Feb. 1986) it was held that pictures and love letters
proving the infidelity of the husband, kept by him in his private clinic, taken by the wife without the
knowledge of the husband, are inadmissible as evidence for being obtained in violation of the husband’s
privacy of communication and correspondence.
“ The intimacies between husband and wife do not justify anyone of them breaking the drawers and
cabinet of the other and ransacking them for any telltale evidence of marital infidelity. A person, by
contracting marriage, does not shed his or her integrity or his right to privacy as an individual and the
constitutional protection is available to him or her”
3. Secondary evidence resulting from a violation of the foregoing provisions is inadmissible under the
Fruit of the Poisonous Tree Doctrine.
IV. R.A. 4200 ( The Anti Wire Tapping Law) Exclusion as to evidence obtained through mechanical,
electronic or other surveillance or intercepting devises. (Intercepted communications)
A. Coverage: R.A 4200 declares that evidence is inadmissible if obtained through any of the following
ways:
1. By using any device to secretly eavesdrop, overhear, intercept or record any communication or
spoken word
a. The person who obtained the evidence may be a third person or a participant in the conversation or
communication.
FACTS: Ramirez and Garcia had a confrontation in the office of Garcia. Ramirez secretly taped their
verbal confrontation and used it as evidence in her action for damages against Garcia who in turn filed a
criminal case against Ramirez for violation of R.A. 4200. Ramirez held that the taping by a participant to
a conversation is not covered by the law.
HELD: 1. The law does not make a distinction as to whether the party sought to be penalized is a party
or not to the private conversation. 2. The nature of the conversation is immaterial… What is penalized is
the act of secretly overhearing, intercepting, or recording private communications by the devices
enumerate under Section 1. (Ramirez vs. C.A., September 28, 1995)
b. To be admissible the consent of the person speaking or of all the parties to the conversation.
However consent is not necessary if the words which were taped or recorded were not intended to be
confidential as when the were intended to be heard by an audience or when uttered under
circumstances of time, place, occasion and similar circumstances whereby it may reasonably be inferred
that the conversation was without regard to the presence of third persons.
c. Questions:
i). Does this apply if the recording of the words was unintentional or inadvertent, such as conversations
captured by a moving video camera?
ii). Are conversations in a police entrapment included?
iii). Is lip-reading included?
iv). Are conversations captured in surveillance cameras included?
v). Does this apply to secret taping through spy cameras purposely made to be aired in television
programs, such as “Bitag”, “XXX” and “Cheaters”?
vi). Are the gestures, snores, laughs, weeping, included as communication or spoken words?
vii). What about satellite discs and similar facilities? Google earth?
2. By the unauthorized tapping of any wire or cable as to communications used via telephone/cable, as
opposed to verbal communications.
a). There must be a physical interruption through a wiretap or the deliberate installation of a device or
arrangement in order to over hear, intercept, or record the spoken words.
i). hence over hearing through an extension telephone wire is not included even if intentional because “
each party to a telephone conversation takes the risk that the other party may have an extension
telephone and may allow another to overhear the conversation ( Ganaan vs. IAC, 1986)
ii). Does the Ganaan ruling apply to overhearing by telephone operators of hotels, schools, hospitals
and similar establishments?
B. Exceptions: when evidence through secret recording or tapping is admissible
1. When Judicial Authorization was granted upon a written petition filed pursuant to the provisions of
R.A. 4200 if the crimes involve (a). treason (b) espionage (c) provoking war and disloyalty ( d). piracy and
mutiny in the high seas (e) sedition, inciting to sedition (g)kidnapping (h) other offenses against national
security.
The list is exclusive and does not include offenses which are equally or more serious as those
enumerated, such as drug trafficking, kidnapping, Trafficking in Persons, Rape, Murder.
2.When Judicial Authorization is granted upon a written petition under R.A. 9372 ( The Human Security
Act of 2007) in connection with the crimes of terrorism or conspiracy to commit terrorism. If granted the
authority covers written communications.
VI. Exclusion by Certain Rules of Evidence
1. The rule excluding secondary evidence when the primary or best evidence is available
2. The rule excluding hearsay evidence
3. The rule excluding privilege communications
VII. Kinds of Admissibility
A. Multiple Admissibility: when a material is asked by a party to be admitted as evidence, the party
presenting must inform the court of the purpose which the material is intended to serve and the court
then admits the material as evidence. Multiple admissibility may mean either (i) the evidence is
admissible for several purposes or (ii) an evidence is not admissible for one purpose but may be
admitted for a different purpose if it satisfies all the requirements of the other purpose
1. Examples of the first concept: (a) a knife may be admitted to prove the accused was armed with a
deadly weapon; to prove the weapon is far deadlier than the weapon of the victim; to prove it was the
weapon of the accused which cause the wounds and not some other instrument; to corroborate the
statement of a witness who claims he saw the accused holding a bladed instrument.
2. Example of the second concept: (a). the extra judicial confession of one of several accused may not be
admitted to prove there was conspiracy among them or to prove the guilt of the other co-accused but it
maybe admitted to prove the guilt of the confessant (b) the statement of the victim may not be
admitted as a dying declaration but as part of the res gestae.
B. Curative admissibility or “fighting fire with fire” or “Opening the Door”
1. This applies to a situation when improper evidence was allowed to be presented by one party, then
the other party may be allowed to introduce or present similar improper evidence but only to cure or to
counter the prejudicial effect of the opponent’s inadmissible evidence.
2. The party presenting must have raised an objection to the improper evidence, for if he did not, then it
is discretionary for the court to allow him to present curative evidence
3. The evidence sought to be countered should not refer to those which are incompetent due to an
exclusionary rule
4. Example: P vs. D for sum of money. P was allowed to introduce evidence that D did not pay his debt as
shown by his refusal to pay his indebtedness to X, Y and Z. Defendant may introduce evidence that he
paid his debts to A, B and C.
C. Conditional Admissibility: An evidence is allowed to be presented for the time being or temporarily,
subject to the condition that its relevancy or connection to other facts will later be proven, or that the
party later submit evidence that it meets certain requirements of the law or rules. If the conditions
are not later met, the evidence will be stricken from the record.
1. Example: A Xerox copy of a document may be allowed to presented subject to the condition that the
original be later presented
2. Example: P vs. D to recover a parcel of land. P presents a document that the land belonged to X. If D
objects to it as being irrelevant, P can state that he will alter show that X sold the land to Y who in turn
sold it to Z and then to P. The Court may admit the document conditionally.
VIII. Policy on the Admissibility of Evidence
A. Policy of Liberality: In case a question arises as to whether or not a particular material should be
admitted as evidence, Courts are given wide discretion what to admit and to be liberal in admitting
materials offered as evidence, unless the material is clearly incompetent. The reasons are: (i) so that it
may have a substantial range of facts as basis for deciding the case and (ii) in case of appeal the
appellate court may have before it all the evidence to determine whether the decision appealed from is
in accordance with the evidence, (iii) to minimize any adverse effect of the non-admission upon the
party affected.
B. Limitations:
1. Evidence may be excluded even if relevant if its probative value is outweighed by the risk that its
admission will cause:
a). undue or unfair prejudice
b). confusion of the issues
c). misleads the court
d). undue delay or waste of time
2. The court has the power to limit the presentation of additional evidence which are but cumulative, or
to prove points which a party has already well presented
BLOTTER SAMPLE
FIRSTNAME LASTNAME y MIDDLENAME came/call to this office and reported that an alleged
shooting incident happened at Place of incident, immediately personnel from this office namely SPO2
Name Of Responder and PO1 Name Of Responder under the supervision and control by POLICE
CAPTAIN NAME OF COMMANDER responded to the incident and upon arrival thereat, an unidentified
lifeless body with pool of blood was found inside the house of Mr. Name of the owner. The responding
personnel secure and cordoned the area and initial investigation conducted revealed that the victim was
shot at head which succumb a gunshot wound and resulted to his immediate death. The
abovementioned witness pinpointed the alleged suspect namely Name of Suspect and the responding
personnel arrested the latter which was roaming around the area. Name of Investigator, investigator
from this station proceeded to the aforementioned place and requested SOCO Team led by NAME OF
SOCO TEAM LEADER for the processing of the physical evidences found at the crime scene. The victim
later identified as_____. Evidence found at the crime scene were One (1) pc______. Evidence
confiscated from the suspect were___. Incident happened at about Time of Date at aforementioned
place. Physical Evidences found at crime scene were brought by SOCO Team for qualitative and
quantitative examinations. Suspect is under custodial investigation and detained at this office. Refer to
this office for further investigation and appropriate filing of case against the suspect.
SPOT REPORT SAMPLE

1. Reference:
Blotter entry no. dated__
2. Please be informed that at about Time of Date, FIRSTNAME LASTNAME y MIDDLENAME came/call to
this office and reported that an alleged shooting incident happened at Place of incident, immediately
personnel from this office namely SPO2 Name Of Responder and PO1 Name Of Responder under the
supervision and control by POLICE CAPTAIN NAME OF COMMANDER responded to the incident.
3. That upon arrival thereat, an unidentified lifeless body with pool of blood was found inside the house
of Mr. Name of the owner. The responding personnel secure and cordoned the area and initial
investigation conducted revealed that the victim was shot at head which succumb a gunshot wound and
resulted to his immediate death. The abovementioned witness pinpointed the alleged suspect namely
Name of Suspect and the responding personnel arrested the latter which was roaming around the area.
Name of Investigator, investigator from this station proceeded to the aforementioned place and
requested SOCO Team led by NAME OF SOCO TEAM LEADER for the processing of the physical evidences
found at the crime scene.
4. The victim later identified as_____. Evidence found at the crime scene were One (1) pc______.
Evidence confiscated from the suspect were___. Physical Evidences found at crime scene were brought
by SOCO Team for qualitative and quantitative examinations.
5. Suspect is under custodial investigation and detained at this office. Refer to this office for further
investigation and appropriate filing of case against the suspect.
6. Progress Report will follow.

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HOMICIDE INVESTIGATION

Primary Job of the Investigator

Responsibilities of a Homicide Investigator

Mistakes in the Homicide Investigation

What is the evidence needed to file a crime of Parricide?

Penalty: Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.

EVIDENT – Clear to the eye or judgment.

What is the evidence needed to file a crime of Murder?

Penalty: Reclusion temporal (12 years& 1 day to 20 years imprisonment)

What is the evidence needed to file a crime of Homicide?

ART 255 .Infanticide

HOMICIDE INVESTIGATION PROCEDURES

Establishing the Facts of Death

HOMICIDE (GENERIC) INVESTIGATION

3. Get the place of the incident;

b. Guidelines in Homicide Investigation

17. Try to:

c. Things to Remember in the conduct of Homicide (Generic) Investigation

d. Handling the suspect

e. Body and Post-Mortem

A. Death – death is defined as the absence of life in a living matter.

Identifying the Cadaver

B. Points to be Considered in Identifying a Person

B. Points to be Considered in Identifying a Person

Determination of Time of Death (Death Estimates)

The Color of Lividity may Indicate the Cause of Death:

Importance of Post-Mortem Lividity

Characteristics of Post-Mortem Lividity

2. POST MORTEM RIGIDITY (Rigor Mortis)

3. ALGOR MORTIS (Cooling of the body)

Factors Affecting Algor Mortis:

5. LIFE CYCLE OF FLIES

6. CHANGES IN THE BLOOD

Examination of the Cadaver at the Crime Scene

Common External Injuries Sustained by the Victim from Homicidal Attack

Two Types of Wounds:

Determination whether the wound is suicidal, homicidal, or accidental

B. Evidence to show that the wound is accidental:

C. Evidence to show that the wound is homicidal:

DEATH BY HANGING AND STRANGULATION

Determination whether hanging is suicidal, homicidal, or accidental

b) When the offended party is deprived of reason or otherwise unconscious;

c) By means of fraudulent machination or grave abuse of authority; and

(c) Immediately make a report on the action taken.

Evidence Identification & Collection

Evidence Identification & Collection

Evidence Identification & Collection

Deoxyribonucleic Acid (DNA)

Article 293 – Robbery in General

How robbery with force upon things is committed?

What are the evidences needed to file the crime of robbery?

General Types of Robbers

Two Kinds of Robbery:

Robbery and Theft, compared

Physical Evidence to be collected:

Anti-Piracy and anti-highway robbery law of 1974 (P.D. 532)

Anti-Cattlle Rustling Law of 1974 (P.D. 533)

Anti-fencing law of 1979 (P.D. 1612)

Article 267 – Kidnapping and Serious Illegal Detention