SPECIAL CRIME INVESTIGATION

CriMaestro Files

HOMICIDE AND MURDER INVESTIGATION

Homicide Investigation - It is the official inquiry made by the police on the facts and circumstances
surrounding the death of the person which is expected to be criminal or unlawful.

Homicide

Any person who, not falling within the provisions of Article 246 (Parricide) Revised Penal Code
shall kill another without the attendance of any of the circumstances enumerated in Article 248 (Murder)
RPC, shall be deemed guilty of homicide.

The elements of homicide are:

(1) A killing exist
(2) The accused did the act without legal justification and with intent to kill
(3) The killing is neither murder, parricide nor infanticide.

Intent to kill is presumed if deaths results from the unjustified act. If death did not result from the
act, intent to kill is essential to prove attempted or frustrated homicide otherwise the crime may be physical
injuries only.

Murder
Any person who, not falling within the provision of Article 246 (Parricide) of the RPC shall kill
another, if committed with any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing
means to weaken the defense or of means or persons to insure or afford impurity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or
assault upon a street car or locomotive fall of an airship, by means of motor vehicles or with the
use of any other means involving great waste and ruin.
4. An occasion of any of the calamities enumerated in the proceeding paragraph or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic, or any 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.

The elements of murder are:

(1) A killing exists.
(2) The accused killed the deceased under any of the above circumstances qualifying the killing to
murder.
(3) The killing does not constitute parricide or infanticide.
The circumstances that qualify the killing to murder must be alleged in the information as otherwise the
killing may be considered as merely homicide.

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.

The elements of parricide are:

(1) A person is killed by the accused.
(2) The person killed is the father, mother or child (not less than three days old), whether legitimate or
illegitimate, or the ascendant or descendant or the spouse of the accused.
The relationship with the other ascendant or descendant (grandfather or grandson) must be legitimate.
The spouse killed must be legitimate wife or husband. But the father, mother or child may be legitimate
or illegitimate. If the child killed is less than three days old, the crime is infanticide.

Responsibilities of a Homicide Investigator

1. Homicide investigator when called upon to investigate a violent death, stand on the dead man’s
shoes, to produce his instincts against those suspects. Consequently, the zeal, enthusiasm and
intelligence the investigator brings in the case marks the difference between a murderer being
convicted or set free.
2. If the investigator interprets an accidental death as due to natural death and wisdom or the family
may be deprived of benefits and other properties which the deceased have sacrificed to obtain.
3. If he interprets a criminal death as accidental or natural, a guilty person is otherwise set scot free.

Note: Remember that the police is the first line of defense in the effective application of criminal justice.

A. The 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.

B. Mistakes in Homicide Investigation

1. The mistakes of the homicide investigator can not 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.
The following are the three bridges:

A. The dead person has been moved.

It is therefore necessary that photographs be taken, measurements made, fingerprints taken and
other necessary tasks to be first carried out.
B. The second bridge is burned when the body is embalmed.
 Embalming destroys traces of alcohol and several kinds of poison. If poisoning is suspected, the
internal organs should be removed.
C. The third bridge is burned when the body is burned or cremated.
The exhume body is difficult and expensive. The lapse of time make s the examination doubtly
difficult and a conclusion is hard to arrive at. Cremation destroys body itself.

C. The Medico-Legal Autopsy

1. The real beginning of any homicide investigation should be to establish the cause of death accurately.
2. An autopsy should be performed at once when there is the slightest reason to suspect the probability of
homicide.
3. In general, it maybe stated that death has been caused by violence, an autopsy is always performed
unless there is adequate proof to the contrary.

The value of the Investigator in attending autopsies

During the conduct of autopsy, an investigator can observe first hand and ask questions pertinent
to the case under investigation. The medico-legal officer can explain the autopsy findings as they progress.
As the results of the autopsy are received by the investigator such information, if pertinent and requiring
expeditious investigative attention, can be passed along to the other investigators for immediate handling.
When the investigator has a suspected weapon, comparison of the weapon with the wound can be made.
The officer present at the autopsy can be the liaison with the investigation team working on the case and
see that all evidence is obtained during the examination.

D. The Role of the Medico-Legal officer in Homicide Investigation

The determination of criminal responsibility in death has been developed into a specialized field of
medical science called forensic pathology. A pathologist can assist in homicide investigation by:
1. Documentation of all wounds, bruises, scratches, scars or other marks at the time of the
autopsy.
2. Interpretation of findings based on medical facts.

Necropsy Report- It is a document stating the cause of death of the victim. This is the medico-legal report.

E. The Facts of Death

1. The first action of an investigator upon arriving at the crime scene of the homicide is the verification of
death.
2. An individual is said to be dead in the medical sense when one of the three vital function is no longer
performing within the body:
a. Respiratory system
b. Cardiac Activity
c. Central nervous system activity
3. In the legal sense, death is considered to occur when all of the three above vital functions have
ceased.

F. Presumptive signs and Test of Death

1. The following are few of the signs indicative of death:
A. Cessation of breathing and respiratory movement
B. Cessation of heart sounds
 C. Loss of placing of nail beds when pressure is applied in the fingernails is released.

Suspended Animation
1. Cardiac activity, breathing and functioning of the nervous system may reach such a low-level activity
that a homicide investigator maybe deceived into an assumption of death.
2. The following conditions produced simulated appearance of death:
1. electric shock
2. prolonged emersion
3. poisoning from narcotic drugs
4. barbiturate poisoning
5. certain mental diseases

The Importance of Establishing the Identification of Homicide Victims

The identification of the victim is an important investigative step for the following reasons:
1. It provides an important basis for the investigation processes since it may lead the investigator directly
to other important information leading to the solution of the crime.
2. The identity of the dead person provides the focal point/starting point for the investigators can then
center their attention on associates and haunts of the deceased.
3. The identity of the deceased may arouse suspicion in mysterious death since the victim maybe a
person whose life had been threatened or whose death was desired for criminal purposes.
4. The identification of the deceased can be traced or related to wanted persons or missing one.

Methods of Identification

a. DNA Analysis
b. Fingerprints - ingerprint identification is the most positive and quickest method of ascertaining
identity. However the prints of the deceased may not be on file or may not be obtainable because
of trauma, mutilation, incineration or decomposition. The sole clue maybe bone, a skull or a few
teeth.
c. Skeletal Studies - Examination of the skeleton may provide a basis for identification because of
individual peculiarities such as old fractures and presence of metal pins. Bones may also provide
information about age, sex, and race.
d. Visual Inspection - Someone knowing the deceased person may recognize the victim. However,
trauma, incineration, or decomposition may render the features unrecognizable. In addition, a
visual inspection without further verification has the advantage of possible subjective error or
deliberate false identification. Visual inspection combined with fingerprint evidence is a favored
method for rapid identification.
e. Personal Effects - Identification of a victim by personal effects such as Jewelry, I.D. card, wallets,
belts, shoes etc.
f. Tattoo and Scars - Identification scars, moles, tattoos, pockmarks or other markings may be helpful
in identification, particularly in conjunction with other findings.
g. Dental Evidences (Forensic Odontology) - Identification based on the examination of teeth (teeth
charts, fillings, inlays crowns, bridgework, dentures etc.) is valuable inasmuch as the teeth are
probably the most durable part of the human body. There are probably no two people alive with
 dentures that are completely identical in all respects. Dental evidence is legally recognized and
accepted, if properly presented in court.
h. Clothing - Articles of clothing containing cleaner’s mark, labels, initials, size, color, texture knitting,
etc. have provided investigators with the leads and even identification in most instances.
i. Photographs - Identification of victims has been made by publication in bulletins, circulars,
television and other distribution media, artist sketches, death mark and casts have likewise aided
the police in identifying unknowns.

Investigative Leads

The problem of who did it is a simple on when the offender is caught in the act or apprehended in
flight from the scene the scene shortly after the crime. When the perpetrator is not promptly arrested, the
direction of the investigation varies according to whether the case falls into one of the two categories-
known identities or unknown identity. Whenever investigators encounter cases of the later, investigative
leads now are necessary to attain the objective of criminal investigation.

Establishment of Motive to the killing

This will furnish a good clue in the solution of the crime. The investigator drawing from his
ingenuity, experience and availability of data, must base his investigation on a theory that rationally
explains the fatal act. Note maybe done on the following:

 Victims Background - very promising leads can be developed from the review of the background of
the victim that can provide the background of the victim which can give the pursuit defined goals.
 Modus Operandi - choice of particular crime to commit and the selection of a method of committing
a criminal act that forms the signature of the criminal give a clear lead on who might have
committed the crime.
 Informants - are a traditional starting point in seeking basic leads. In fact informants sometimes
offer data about an unreported or undiscovered crime or one in its planning stage.
 Benefits - the question of who might benefit from the crime provides an excellent focus for making
inquiry. The “benefit factor” can provide investigative leads.
 Opportunity
 Knowledge - simply determining who might have knowledge of the crime to establish further
information
 Approximate time of death
 Composite Sketches
 Photographs of Known criminals
 Voice Identification
 Polygraph testing
 Fingernail Scrapings
 Signs of Struggle
 Field Contact Report
  Motor Vehicle

ROBBERY AND THEFT INVESTIGATION

Robbery

The law on robbery in the Philippines can be found on the following articles of the Revised Penal
Code:
Article 293

Who are guilty of robbery?

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 using force upon anything shall be guilty of robbery.

Elements of Robbery:
1. Unlawful taking of personal property
2. The property must belong to another
3. The taking is done with violence against an intimidation of any person of force upon things
4. The taking is with intent to gain

Note the following:

 Article 294 – Robbery with violence or intimidation of persons

 Article 295 – Robbery with physical injuries committed in an uninhabited place and by
 band or the use of firearm on a street.
 Article 297 – Attempted and frustrated robbery committed under certain circumstances.
 Article 298 – Execution of deeds by means of violence or intimidation
 Article 299 – Robbery in an inhabited house or public building or edifice devoted to worship – Any
armed person who shall commit robbery in an inhabited house or public building or edifice devoted
to religious worship – and if:
(a) 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 or egress
2. By breaking any wall, roof or floor or breaking any door or window
3. By using false key, padlocks or similar tools
4. By using fictitious name or pretending the exercise of public authority or if –
(b) The robbery be committed under any of the following circumstances:
1. By the breaking of doors, wardrobes, closets, or any other kind of locked or sealed
furniture or receptacle.
2. By taking such furniture or objects away to be broken or forced open outside the place of
the robbery.
 Article 302 – Robbery in an uninhabited place or in a private building
 Article 303 – Robbery of cereals, fruits or firewood in uninhabited place or private building.

Anti-Piracy and Anti-Highway Robbery Law of 1974

(Presidential Decree 532)

Piracy – Any attack upon or seizure of any vessel, or taking away of the whole or part thereof of its
cargo, equipment or the personal belonging of its complement or passengers, irrespective of value thereof,
by means of violence against or intimidation of person or foce upon things, committed by any person,
including a passenger or member of the complements of said vessel in Philippine waters, shall be
considered as piracy. The offender shall be considered as pirates.

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.

Aiding Pirates or Highway Robbers/ Brigands or Abetting Piracy or Highway Robbers/Brigands –

Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such
as giving them information about the movement of police or other peace officers of the government or
acquire or receives property taken by such pirates or brigands or indirectly abets the commission of piracy
or highway robbery or brigandage, shall be considered as an accomplice of the principal offender.

Anti-Cattle Rustling Law of 1974

(Presidential Decree 533)

Cattle Rustling – Is the taking away by any means, methods or scheme, without the consent of the
owner/raiser, of 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

(Presidential Decree 1612)

Fencing is the act of any person; who, with intent to gain, for himself or for another shall buy,
posses, keep, acquire, conceal, sell or in any other deal on any articles, items, objects or anything of value
which he knows to have been derived form the proceeds of crime or robbery or theft.

Fence – include any person, firm, organization, association, or corporation or partnership and other
organization who which commits the act of fencing.

The Targets in Robberies

The selection of a victim and the place of the robbery are two basic keys to developing a pattern
which will furnish clues to a robbers identity. Data usually are correlated in the following areas:
1. Victim:
a. alone
b. in the company of two or three
c. in the company of four or more persons
2. Residence:
a. one family
 b. multi family
c. motel – hotel (robbery of guest)
d. garage ( or other residence – occupancy shed or structure)
3. Street and highways
a. sidewalk
b. roadway
c. alley
d. publicly accessible area ( parks, parking lot, entranceway)
e. over and under pass
f. highways
4. Commercial (nonresidence)
a. bank
b. business office or off-street retail sales outlet (loan companies, pawnshops, jewelry store,
etc.)
c. markets
d. liquor stores
e. other retail outlets
f. motel-hotel (robbery of manager/owner)
g. taverns (restaurants, bars, cafes)
h. delivery services (chicken, pizza, etc.)
i. drive-ins
j. service stations
5. Vehicles
a. taxis
b. bus
c. trailer
d. passenger jeepney
e. victims personal car
6. Vessels:
a. inter island (passenger)
b. cargo
c. ferry
d. tugboats

Style and Tactics in Robbery Cases

The identification in an armed robbery case often relates to the tactics and style of the robbery.
Robbery has been categorized as having three styles:
(1) The ambush – is the least planned of all and is based on the element of surprise
(2) The selective raid – involves a minimum of planning but some casing of the robbery scene
(3) The planned operation – is carefully structured and the robbery group examines all aspects of the
situation, plans for all foreseeable constingencies.

Crime Partnership in a Robbery Group

 Crime partners in a robbery group form a loose partnership, providing the skills for the various task
necessary to carry out different types of robberies. They participate in the planning of robberies as well as
the basic decision as to whether or not a certain target can be successfully robbed.
Crime partners usually are associates from spontaneous play groups in the underworld.
Investigators assigned a single robbery or series of robberies to investigate should search for “link-up”
“connect-up” which will indicate the operations of a group.

Types of Robbers

1. Amateurs – motivated by greed, want, the desire for a thrill, or need for self-testing.
2. Professionals – are described as those persons who worked at robbery as a trade making it their
living and having no other means of income.

Technique Commonly Employed by Robbers – Means of Entry

The means of entry differs in various burglaries and are related to the skill of a robber. The various
known means of entry are:
1. The open door or window entry – the robber/s roams residence areas, apartments, and hotels
looking for open doors or windows.
2. The jimmy entry – the robber/s forces a door or window with an iron tool such as a tire iron,
screwdriver, or small crowbar or box opener.
3. The celluloid entry – the burglar forces open a door spring lock with a small piece of celluloid.
4. The stopover or human fly entry – the burglar is an aerialist, the stopover robber steps from a fire
escape, balcony or other building to a nearby window. The “human fly” robber can progress
upward or downward or the sides of a building to a selected point of entry.
5. Roof entry – the burglar breaks into a premises through a skylight or air conditioning duct or the
roof or by cutting a hole in the roof of a building or residential home.
6. The hide –in entry – the burglar hides in a commercial premises until all employees have left and
then breaks out with the stolen property.
7. The cut-in entry – the robber uses tools of various kinds to cut through the floor, ceiling, or wall of a
store or office to another store or office.
8. Hit and run – the robber breaks a window of a ground floor store and takes property from a window
or nearby portions of the premises, and flees before police can be alerted to the crime.
9. Key entry – the robber uses a key – the key may be given to him by an informant (finger-man) it
may be stolen or the burglar may obtain a duplicate or master key by various means.\

Methods of safebreaking

1. Punching- In this manner of entry a sledge hammer and a drift punch are used to knock the
combination dial from the safe and to drive the spindle back into the safe. This makes the release
mechanism of the lock accessible and allows the safe to be opened.
2. Pulling – A device similar to a gear or wheel puller is used to pull the dial or spindle completely out
of the safe door and thus allow the safe to be opened.
3. Peeling – This means of entry involves the prying off the outer surfaces of the safe door so that the
locking mechanism of the safe is exposed and can be pried open, allowing entry to the safe.
4. Drilling – One or more holes are drilled in the door of the safe to expose the lock mechanism
allowing the safe-breaker to align the lock tumblers manually and open the door of the safe.
 5. Ripping – This is a battering of the top, bottom or sides of a safe with a chisel or other metal cutter,
such as a ripping bar the hydraulic ramming device used in a body and fender shop.
6. Burning – Use of oxygen/acetylene torch.
7. Blasting – Use of explosives
8. Carrying away.

Physical Evidence to be Collected

1. Footprints
2. Fingerprints
a. areas of break
b. closets – prints may be found in door and jambs
c. door knobs
d. dressers
e. pieces of furniture
f. bottles and glasses
g. walls
h. tools
i. desks
3. Clothings – sometimes the robbers exchange their own jacket with that one found
4. If a window was broken is effecting entry, glass particles may be present 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. Some robbers are given to add behavior such as defecation on the floor, stealing fountain pen,
eating candy or drinking excessively from bottles found on the premises. The peculiarity of the
behavior would be noted and check in modus operandi index.
9. Cords and ropes use.
10. Firearms use.
11. Get-away vehicle.
12. Stolen articles/properties

Investigative Techniques in Robbery Cases

1. The investigator must initiate similar preliminary steps upon reaching the crime scene (discuss
earlier or this note)
2. Determine the point of entrance and point of exit by the perpetrator.
3. Determine the value of stolen articles
4. The full and detailed description of the stolen articles.
5. Gather physical evidence.
6. Determine the modus operandi of the perpetrator as it would give leads in the identification and
arrest of the suspect.
7. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of piracy.
8. Coordinate with other law enforcement agencies
9. Exploit investigative leads (discuss earlier on this note)
 10. Written testimony of the complainant witnesses.
11. Accumulate clues and traces at the scene of a crime which will serve to identify the offender.
12. Develop informants in the local underworld who are aware of the activity of robbery, particularly the
activity of the semi-skilled and amateur groups (usually the addict robber)
13. Conduct a surveillance of likely fences and uncover and trace back stolen property from its receiver
to the robber.
14. Conduct surveillance of known burglars to ascertain if they are presently committing robbery
15. Accumulate information on various types of robber, the known and newcomers, whether they are in
or out of prison, whether they are active
16. Be alert on a modified modus operandi
17. In cases homicide is committed; follow the pattern of homicide investigation.

KIDNAPPING

Kidnapping - a word derived from kid, meaning child and nap (nab) meaning snatch, recorded
since 1673, was originally used as a term for the practice of stealing children for use as servants or
laborers in the American Colonies .It has come to mean any illegal capture or detention of a person or
people against their will, regardless of age. Since 1768 the term abduction has also been used in this
sense.

Kidnapping for Ransom - Philippine jurisprudence defines kidnapping for ransom as “the unlawful
taking and carrying away of a person by force or fraud or against his will, or in any manner depriving him of
his liberty for the purpose of extorting ransom as payment for his/her release.”

This is punishable under the Revised Penal Code of the Philippines which provides that any
individual who shall kidnap or detain another, or in any manner deprive him of his liberty, shall suffer the
penalty of reclusion perpetua to death, if:

1. the kidnapping or detention shall have lasted more than five (5) days;
2. if it shall have been committed simulating public authority;
3. if any serious physical injuries shall have been inflicted upon the person kidnapped or detained, or
if threats to kill him shall have been made; and
4. if the victim shall be minor, female or public officer.

Modus Operandi in Kidnapping

Kidnapping activity varies with the capability and resources of kidnappers to do surveillance,
safekeeping and negotiation with their target group. One common thing all KFRGs, however is that they
have a well planned strategy of abduction process

Kidnappers usually start their activity in surveying trough an informer or sputter whose work is to
locate targets for the group. To facilitate the operation, a gang member is sometimes made to seek
employment such as driver or household help or have a business transaction to gain access and control of
the victim. KFRG conducts a thorough study of background of their victims, such as capability to pay and
daily movements’ activities. Surveillance to establish routes is extensively carried out.
 Perpetrators of kidnapping have some peculiar operational style that distinguishes one group from
the other. Some groups are contented with money given immediately by the victims' families/relatives while
others are capable of prolonged negotiations for a bigger ransom. Some groups are crude in executing
their plan while others do it with precision and finesse
However, most cases of kidnapping particularly those undertaken by criminal groups, revealed the following
stages:

1. Spotting. The first step in planning a kidnapping operation is to come up with a shopping list of
three to four possible targets that are capable of paying a huge amount of ransom. Targets are
usually businessmen of Chinese descent.

2. Surveillance. Targets are then subjected to a thorough surveillance and investigation. The
investigation focused on the financial capability, home address and place of work, phone numbers,
complete description of the vehicle being used, travel routes, identities of household helpers,
drivers and employees, and personal security of potential targets

3. Risk analysis and target selection. After a thorough investigation, the group selects one of the
targets, which present a lower risk and difficulty in ransom negotiation. In some cases, the group
selects the one whom the group had gathered the information first. In order to enhance precision in
their operation, some group send out members of the syndicate to apply as drivers, employees,
and household helps to gain further access on the target

4. Seizing of victim. The time allotted for forcibly taking the victim is usually two to three hours. The
victim is usually forcibly taken on his/her way to place of work or while going home after work. Most
of the victims are successfully intercepted while crossing road intersections or traveling along
highly traveled streets.

5. Negotiation. Ransom demand may range from PhP1 million to PhP100 million, depending on the
paying capacity of the victim and the operational capability of the group. The weakest member of
the victim's family is usually selected by the syndicate to act as negotiator, warning the latter not to
report the incident to the concerned police authorities.

6. Collection of ransom. After the ransom has been negotiated, the group will design a pay-off
procedure. The ransom is usually brought to a predesignated site. In some pay-off situations
however, the ransom courier is usually instructed to bring along a cellular phone for ease of
communication during the actual pay-off. There were instances where couriers were given a round-
the-bush before reaching the final pay-off venue. Professional groups normally release the victims
after the pay-off had been secured.

Even with the “no ransom policy” of the government, it was noted that the victims' family easily
give in to the demands of the kidnappers, with minimum negotiations. Usually, kidnapping victims are
released in 3 to 6 days, after ransom money has been paid

For investigation of special crimes, please refer to SPECIAL CRIMES noted under the area on Criminal
Jurisprudence.