SPECIALIZED CRIME INVESTIGATION 2

WITH SIMULATION on INTERROGATION

and INTERVIEW
(CDI 324)

Christian Mark A. Mangada

Alvin Dale S. Melag

UNIVERSITY OF CAGAYAN VALLEY

BALZAIN, TUGUEGARAO CITY

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Author’s Declaration

The ideas, concepts, diagrams, and/or pictures portrayed in this

instructional material are taken from established sources and correctly cited in
the list of literature's cited above. The author of this learning material remains a
compiler and does not claim complete and authentic ownership of all the
contents of this module, nor does he knowingly violate copyright law or other
applicable restrictions.

The University of Cagayan Valley's authorized and competent authority must

grant permission for any use or reproduction, whether electronic or mechanical,
photocopying, or recording in any information storage and retrieval system,
other than what it is intended for. This educational resource is printed
exclusively for use in USV classrooms and remote learning environments and
is not intended for commercial use.

PHILOSOPHY

Every man, irrespective of creed and economic status, has the inherent
right and access to quality education.

UCV VISION

Quality and relevant education for its clientele to be globally

competitive, culture sensitive and morally responsive human
resources for sustainable development.

UCV MISSION
To develop individuals with global competencies in Arts, Allied
Health Sciences, Education, Engineering, Technology, Jurisprudence,
Criminal Justice, Maritime, Business, Governance, and other professional
fields, by fostering moral and ethical values, quality instruction innovative
research, extension, and community engagement in collaboration with
industry, government, private sectors, and society in general for a robust
impact in the nation and the world.

CORE VALUES

Excellence
●UCV is committed to innovation and creativity, and strives to produce
the highest quality of outcomes in all its endeavors.
●Dedication to excellence impels the individuals and the university
itself to consistently strive for outcomes that are exemplary and to recognize
its member’s significant achievements and contributions to the welfare of the
university.

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 ●Excellence in teaching within a student-focused, supportive and
challenging environment

Integrity
●Urges each member of the academic community to live in accord with
the university’s thrusts, it being a “school for the masses” and to act with
honesty, integrity, and with utmost reverence for the truth.
●Development of ethical and socially responsible leaders,
professionals and citizens.

Social Responsibility
●UCV promotes a culture that is environment-friendly, and recognizes
that protecting the health and safety of its students and employees is a
primordial concern.
Accountability for individual and community activities towards oneself,
others and the environment
●Being a proactive and productive individual and group member,
having pride in and contributing to the social and economic wealth of the
community and the nation.

Collaboration
●Contributes to the advancement of society by building partnership
with business and industries, the alumni, government organizations,
accrediting agencies and the communities it serves.

Respect
●Respect for the personal dignity and individual worth/potential of
students prompted UCV to adhere to its philosophy of massive admission.

PREFACE

This subject covers strategies and procedures for special crime

investigation using legal medicine. The inquiry technique is consistent with
standard and novel procedures in both foreign and local practice. This module
also discusses current developments in the investigation of crimes under
special legislation and the Revised Penal Code.
This module was designed mainly as a teaching aid to achieve a
consistent approach to the course's learning process. This study's outline
structure makes it easier to follow and grasp because the subject matter is
delivered sequentially. It also seeks to serve as a refresher for experienced
investigators on issues involving technical specialist services, as well as
doctrines of our laws on process, evidence, and other statutes necessary to a
successful case investigation and prosecution.
This module, named "Specialized Crime Investigation 2 with Simulation
on Interrogation and Interview," covers unique investigation procedures in the
investigation of crimes punishable under special legislation, including
questioning and interviews. The topic is addressed in six chapters. Each
chapter includes a variety of lessons. Formative and summative assessments
are also used to evaluate the students' learning process. Essentially, this
Edition of this module is aligned with CMO No. 05 series of 2022 of the

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Commission on Higher Education (CHED), also known as "Policies,
Standards, and Guidelines for the Bachelor of Science in Criminology (BS
Criminology) Program and Professional Regulation Commission (PRC)
syllabus and table of specifications (TOS) that is conformed to Outcomes-
Based Education (OBE).

PROGRAM EDUCATIONAL OBJECTIVES (PEOs)

1. Conduct ethical and socially relevant criminological research that

contributes to the advancement of knowledge and policy-making in crime
prevention, deviance, victimology, and offender behavior, responsive to
national and global security challenges.

2. Demonstrate strong adherence to human rights, ethical standards,

and social justice, serving as advocates for the protection of victims and the
vulnerable, and promoting equitable and inclusive practices in the criminal
justice system.

3. Exhibit professional competence and leadership in law

enforcement administration, public safety, and criminal justice institutions,
applying evidence-based approaches that support good governance, peace-
building, and community partnership.

4. Utilize modern scientific and technological tools in criminalistics

and forensic science for crime detection, investigation, and resolution,
upholding accuracy, objectivity, and legal integrity in forensic procedures.

5. Apply jurisprudential knowledge and legal reasoning in the practice

of criminal law, criminal procedure, and rules of evidence, contributing to the
fair and efficient administration of justice.

6. Lead and support the development of rehabilitation and

reintegration programs for offenders, guided by restorative justice principles
and community-based approaches that foster reintegration, transformation,
and the reduction of recidivism.

PROGRAM VISION

We envision the College of Criminal Justice Education as a center of

excellence and an avenue to develop professionally competent graduates
who work towards integrating theory, research and practice in the field of
criminal justice and public safety aligned with the university’s standard
of molding globally competent Criminologists.

PROGRAM MISSION

The College of Criminal Education is committed to produce graduates

with a high standard of discipline, nationalism and patriotism who will make
significant contributions in the fields of criminal justice, forensic sciences,
public safety and national security.

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PROGRAM INTENDED LEARNING PROGRAM PERFORMANCE
OUTCOMES (PILOS) INDICATORS
Demonstrated ability to apply Students can design and execute
research methodologies and statistical an independent criminological
analysis. Conduct criminological research project, culminating in a
research on crimes, crime written report or presentation that
causation, victims, and offenders to adheres to academic standards.
include deviant Behavior;
Internalize the concepts of human rights Students can apply human
and victim welfare rights principles and victim-
centered approaches when
analyzing hypothetical criminal
justice scenarios or
interventions.
Demonstrate competence Students can apply knowledge
and broad understanding in of criminal justice procedures
law enforcement and administrative protocols to
administration, public safety resolve simulated operational
and challenges in law enforcement
Criminal justice; or public safety.
Utilize criminalistics or forensic Students can competently
science in the investigation and apply proper techniques for
detection of crime; crime scene processing,
including documentation,
search, collection, and
preservation of physical
evidence.
Apply the principles and Students can apply principles
jurisprudence of criminal law, of criminal law, rules of
evidence and criminal procedure; evidence, and criminal
procedure to hypothetical
factual scenarios to identify
legal issues and advise on
appropriate courses of action.
Ensure offenders’ welfare and Students can identify the
development for their re-integration to diverse needs (e.g.,
the community. psychological, social,
economic) of offenders and the
challenges they face in re-
integration.

COURSE INTENDED LEARNING OUTCOMES (CILO)

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 COURSE INTENDED LEARNING OUTCOMES (CILOs)

CILO 1 Explain and apply the principles, techniques, and legal

requirements in the investigation of crimes against property
CILO 2 Demonstrate knowledge and competence in preparing evidence,
testimony, and documents in the filing of cases related to crimes
against property
CILO 3 Explain and apply the procedures, legal standards, and ethical
principles governing interviews and interrogations.

CILO 4 Conduct simulated interviews and interrogations observing due

process and human rights.
CILO 5 Analyze the psychological aspects, symptoms of guilt, and
behavioral cues during interrogation and interviews.
CILO 6 on Recognize the role and standards of Philippine criminal
Internation investigators and compare them with practices and career paths of
aliz ation criminologists and law enforcement professionals in other
countries to enhance global competencies and cross-border
investigative collaboration.
CILO 7 on Integrate relevant UN Sustainable Development Goals (SDGs)
SDGs into criminal investigation practices to promote justice, peace,
strong institutions, gender equality, and responsible, ethical law
enforcement.
SDG 4 – Quality Education (training and competency
development)
SDG 5 – Gender Equality (fair and unbiased investigations)

Alignment of the Course to the PILO

PILO 1 PILO 2 PILO 3 PILO 4 PILO 5 PILO 6

CILO 1 O L/P L/P L/P L/P L/P
CILO 2 O L/P L/P L/P L/P L/P
CILO 3 O L/P L/P L/P L/P L/P
CILO 4 O L/P L/P L/P L/P L/P
CILO 5 O L/P L/P L/P L/P L/P
CILO 6 O L/P L/P L/P L/P L/P
CILO 7 O L/P L/P L/P L/P L/P

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 CHAPTER 1
INTRODUCTION TO SPECIALIZED CRIME

Basic Concepts Specialized Crime

Criminal Investigation - An art which deals with the identity and

location of the offender and provides evidence of his guilt in a
criminal proceeding
(Delizo, 2015 p. 199).

Criminal Investigation- it is the systematic method of inquiry that is

more a science than an art. The logic of scientific method is a must
however, be supplemented by the investigator's initiative and
resourcefulness. The sequences of the investigation should be
regarded by scientific, operating framework that requires improvising
on the part of the investigator.

Criminal Investigation is an Art – based on intuition, felicity of

inspiration or by chance; and a Science – based on adequate
professional preparation and abundance of certain qualities

Investigator- is the person who is charged with the duty of carrying

out the objectives of criminal investigation. He is an individual who
gathers documents and evaluates facts about crime

Special Crime Investigation- deals with the study of major crimes

based on the application of special investigative techniques. It is also
the study concentrates more on physical evidence; it’s collection,
handling, identification and preservation in coordination with the
various criminalists in the crime laboratory. Special crime investigation
involves close relationship between the investigator in the field and
the investigator in the laboratory- the Criminalist.

> Responsibilities of special crime investigator

Include:
1. photographing blood splatter evidence,
2. making tire and footprint castings,
3. bagging hair and
4. fiber samples for testing, and
5. lifting fingerprints.

> The three basic elements of a crime

In general, every crime involves three elements:
1. first, the act or conduct (“actus reus”);

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 2. second, the individual's mental state at the time of the act (“mens
rea”); and
3. third, the causation between the act and the effect (typically either
"proximate causation" or "but-for causation").

Basic functions do investigators perform

[Link] emergency
assistance
B. Secure the crime scene
C. Photograph, videotape and
sketch
D. Take notes and write reports
E. Search for, obtain and process physical
evidence
F. Obtain information from witnesses and
suspects
G. Identify suspects
H. Conduct raids, surveillances, stakeouts and undercover
assignments
I. Testify in court
The role of investigator
Criminal Investigators are responsible for solving crimes,
preventing future criminal activities, and identifying and detaining
suspects.

Duty of Criminal Investigator

1. Establish that, in fact, a crime was committed under the law.
2. Identify and apprehend the suspect.
3. To recover stolen property.

CHAPTER 2
CRIMES AGAINST PROPERTY UNDER
THE REVISED PENAL CODE
(Robbery, Theft, Estafa, Carnapping, and Related Offenses)

Title 10 – Crimes Against Property, Book Two, Revised Penal Code

 Chapter One: Robbery in General

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.

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Section One. – Robbery with violence or intimidation of persons.

Article 294. Robbery with violence against or intimidation of persons;

Penalties.
Any person guilty of robbery with the use of violence against or
intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion

of the robbery, the crime of homicide shall have been committed.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua

when the robbery shall have been accompanied by rape or intentional
mutilation, or if by reason or on occasion of such robbery, any of the physical
injuries penalized in subdivision 1 of Article 263 shall have been inflicted;
Provided, however, that when the robbery accompanied with rape is committed
with a use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death (As amended by PD No. 767).

3. The penalty of reclusion temporal, when by reason or on occasion of the

robbery, any of the physical injuries penalized in subdivision 2 of the article
mentioned in the next preceding paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in

its medium period, if the violence or intimidation employed in the commission of
the robbery shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when the course of its execution, the offender shall
have inflicted upon any person not responsible for its commission any of the
physical injuries covered by sub-divisions 3 and 4 of said Article 23.

5. The penalty of prision correccional in its maximum period to prision mayor in

its medium period in other cases. (As amended by R. A. 18).

Article 295. Robbery with physical injuries, committed in an uninhabited place

and by a band, or with the use of firearm on a street, road or alley.

If the offenses mentioned in subdivisions three, four, and five of the

next preceding article shall have been committed in an uninhabited
place or by a band, or by attacking a moving train, street car, motor
vehicle or airship, or by entering the passenger’s compartments in a
train or, in any manner, taking the passengers thereof by surprise in the
respective conveyances, or on a street, road, highway, or alley, and the
intimidation is made with the use of a firearm, the offender shall be
punished by the maximum period of the proper penalties.
In the same cases, the penalty next higher in degree shall be imposed
upon the leader of the band.

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Article 296. Definition of a band and penalty incurred by the members thereof.

When more than three armed malefactors take part in the commission
of a robbery, it shall be deemed to have been committed by a band.
When any of the arms used in the commission of the offense be an
unlicensed firearm, the penalty to be imposed upon all the malefactors
shall be the maximum of the corresponding penalty provided by law,
without prejudice of the criminal liability for illegal possession of such
unlicensed firearms.
Any member of a band who is present at the commission of a robbery by
the band, shall be punished as principal of any of the assaults committed
by the band, unless it be shown that he attempted to prevent the same.

Article 297. Attempted and frustrated robbery committed under certain

circumstances.

When by reason or on occasion of an attempted or frustrated robbery

a homicide is committed, the person guilty of such offenses shall be
punished by reclusion temporal in its maximum period to reclusion
perpetua, unless the homicide committed shall deserve a higher penalty
under the provisions of this Code.

Article 298. Execution of deeds by means of violence or intimidation.

Any person who, with intent to defraud another, by means of violence or

intimidation, shall compel him to sign, execute or deliver any public
instrument or documents, shall be held guilty of robbery and punished by
the penalties respectively prescribed in this Chapter.

Section Two. – Robbery by the use of force upon things

Art. 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, shall be punished
by reclusion temporal, if the value of the property taken shall exceed
Fifty thousand pesos (₱50,000), 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 keys, picklocks or similar tools.
4. By using any fictitious name or pretending the exercise of public authority.

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Or if—

(b) The robbery be committed under any of the following circumstances:

1. By the breaking of doors, wardrobes, chests, or any other kind of locked or
sealed furniture or receptacle.
2. By taking such furniture or objects away to be broken or forced upon outside
the place of the robbery.
When the offenders do not carry arms, and the value of the property taken
exceeds Fifty thousand pesos (₱50,000), the penalty next lower in degree shall
be imposed.
The same rule shall be applied when the offenders are armed, but the value of
the property taken does not exceed Fifty thousand pesos (₱50,000).
When said offenders do not carry arms and the value of the property taken
does not exceed Fifty thousand pesos (₱50,000), they shall suffer the penalty
prescribed in the two (2) next preceding paragraphs, in its minimum period.
If the robbery be committed in one of the dependencies of an inhabited house,
public building, or building dedicated to religious worship, the penalties next
lower in degree than those prescribed in this article shall be imposed. (As
amended by R.A. 10951)

Article 300. Robbery in an uninhabited place and by a band.

The robbery mentioned in the next preceding article, if committed in an

uninhabited place and by a band, shall be punished by the maximum
period of the penalty provided therefor.

Article 301. What is an inhabited house, public building or building dedicated to

religious worship and their dependencies.

Inhabited house means any shelter, ship or vessel constituting the

dwelling of one or more persons, even though the inhabitants thereof
shall temporarily be absent therefrom when the robbery is committed.
All interior courts, corrals, waterhouses, granaries, barns, coach-houses,
stables or other departments or inclosed places contiguous to the
building or edifice, having an interior entrance connected therewith, and
which form part of the whole, shall be deemed dependencies of an
inhabited house, public building or building dedicated to religious
worship.
Orchards and other lands used for cultivation or production are not
included in the terms of the next preceding paragraph, even if closed,
contiguous to the building and having direct connection therewith.
The term “public building” includes every building owned by the
Government or belonging to a private person not included used or
rented by the Government, although temporarily unoccupied by the
same.

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Art. 302. Robbery in an uninhabited place or in a private building.

Any robbery committed in an uninhabited place or in a building other

than those mentioned in the first paragraph of Article 299, if the value of
the property taken exceeds Fifty thousand pesos (₱50,000), shall be
punished by prisión correccional in its medium and maximum periods
provided that any of the following circumstances is present:
1. If the entrance has been effected through any opening not intended for
entrance or egress.
2. If any wall, roof, floor or outside door or window has been broken.
3. If the entrance has been effected through the use of false keys, picklocks or
other similar tools.
4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle
has been broken.
5. If any closed or sealed receptacle, as mentioned in the preceding paragraph,
has been removed, even if the same be broken open elsewhere.
When the value of the property taken does not exceed Fifty thousand pesos
(₱50,000), the penalty next lower in degree shall be imposed.
In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code,
when the property taken is mail matter or large cattle, the offender shall suffer
the penalties next higher in degree than those provided in said articles. (As
amended by R.A. 10951)

Article 303. Robbery of cereals, fruits, or firewood in an uninhabited place or

private building.

In the cases enumerated in Articles 299 and 302, when the robbery
consists in the taking of cereals, fruits, or firewood, the culprit shall suffer
the penalty next lower in degree than that prescribed in said articles.

Article 304. Possession of picklocks or similar tools.

Any person who shall without lawful cause have in his possession
picklocks or similar tools especially adopted to the commission of the
crime of robbery, shall be punished by arresto mayor in its maximum
period to prision correccional in its minimum period.
The same penalty shall be imposed upon any person who shall make
such tools. If the offender be a locksmith, he shall suffer the penalty of
prision correccional in its medium and maximum periods.

Article 305. False keys.

The term “false keys” shall be deemed to include:

1. The tools mentioned in the next preceding articles.

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2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in the lock forcibly
opened by the offender.

 Chapter Two: Brigandage

NB: Brigandage under the RPC has been superseded by P.D. 532, a.k.a. the
Anti-Highway Robbery Law of 1974.

 Chapter Three: Theft

Article 308. Who are liable for theft.

Theft is committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon things,
shall take personal property of another without the latter’s consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to
the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another,
shall remove or make use of the fruits or object of the damage caused by him;
and
3. Any person who shall enter an inclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner,
shall hunt or fish upon the same or shall gather cereals, or other forest or farm
products.

Art. 309. Penalties.

Any person guilty of theft shall be punished by:

1. The penalty of prisión mayor in its minimum and medium periods, if the value
of the thing stolen is more than One million two hundred thousand pesos
(₱1,200,000) but does not exceed Two million two hundred thousand pesos
(₱2,200,000); but if the value of the thing stolen exceeds the latter amount, the
penalty shall be the maximum period of the one prescribed in this paragraph,
and one (1) year for each additional One million pesos (₱1,000,000), but the
total of the penalty which may be imposed shall not exceed twenty (20) years.
In such cases, and in connection with the accessory penalties which may be
imposed and for the purpose of the other provisions of this Code, the penalty
shall be termed prisión mayor or reclusion temporal, as the case may be.

2. The penalty of prisión correccional in its medium and maximum periods, if

the value of the thing stolen is more than Six hundred thousand pesos

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(₱600,000) but does not exceed One million two hundred thousand pesos
(₱1,200,000).

3. The penalty of prisión correccional in its minimum and medium periods, if the
value of the property stolen is more than Twenty thousand pesos (₱20,000) but
does not exceed Six hundred thousand pesos (₱600,000).

4. Arresto mayor in its medium period to prisión correccional in its minimum

period, if the value of the property stolen is over Five thousand pesos (₱5,000)
but does not exceed Twenty thousand pesos (₱20,000).

5. Arresto mayor to its full extent, if such value is over Five hundred pesos
(₱500) but does not exceed Five thousand pesos (₱5,000).

6. Arresto mayor in its minimum and medium periods, if such value does not
exceed Five hundred pesos (₱500).

7. Arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000), if

the theft is committed under the circumstances enumerated in paragraph 3 of
the next preceding article and the value of the thing stolen does not exceed
Five hundred pesos (₱500). If such value exceeds said amount, the provisions
of any of the five preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine of not exceeding Five thousand
pesos (₱5,000), when the value of the thing stolen is not over Five hundred
pesos (₱500), and the offender shall have acted under the impulse of hunger,
poverty, or the difficulty of earning a livelihood for the support of himself or his
family. (As amended by R.A. 10951)

Article 310. Qualified theft.

The crime of theft shall be punished by the penalties next higher by two
degrees than those respectively specified in the next preceding article, if
committed by a domestic servant, or with grave abuse of confidence, or
if the property stolen is motor vehicle, mail matter or large cattle or
consists of coconuts taken from the premises of the plantation or fish
taken from a fishpond or fishery, or if property is taken on the occasion
of fire, earthquake, typhoon, volcanic erruption, or any other calamity,
vehicular accident or civil disturbance. (As amended by R.A. 120 and
B.P. Blg. 71. May 1, 1980).

Art. 311. Theft of the property of the National Library and National Museum.

If the property stolen be any property of the National Museum, the

penalty shall be arresto mayor or a fine ranging from Forty thousand
pesos (₱40,000) to One hundred thousand pesos (₱100,000), or both,

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 unless a higher penalty should be provided under other provisions of this
Code, in which case, the offender shall be punished by such higher
penalty. (As amended by R.A. 10951)

 Chapter Four: Usurpation

Art. 312. Occupation of real property or usurpation of real rights in property.

Any person who, by means of violence against or intimidation of
persons, shall take possession of any real property or shall usurp any real
rights in property belonging to another, in addition to the penalty incurred for
the acts of violence executed by him, shall be punished by a fine from
fifty (50) to one hundred (100) per centum of the gain which he shall
have obtained, but not less than Fifteen thousand pesos (₱15,000).
If the value of the gain cannot be ascertained, a fine from Forty thousand
pesos (₱40,000) to One hundred thousand pesos (₱100,000) shall be
imposed. (As amended by R.A. 10951)

Art. 313. Altering boundaries or landmarks.

Any person who shall alter the boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to designate the
boundaries of the same, shall be punished by arresto menor or a fine not
exceeding Twenty thousand pesos (₱20,000), or both. (As amended by
R.A. 10951)

 Chapter Five: Culpable Insolvency

Article 314. Fraudulent insolvency.

Any person who shall abscond with his property to the prejudice of his
creditors, shall suffer the penalty of prision mayor, if he be a merchant
and the penalty of prision correccional in its maximum period to prision
mayor in its medium period, if he be not a merchant.

 Chapter Six: Swindling and Other Deceits

Art. 315. Swindling (estafa).

Any person who shall defraud another by any of the means mentioned
herein below shall be punished by:

1st. The penalty of prisión correccional in its maximum period to prisión

mayor in its minimum period, if the amount of the fraud is over Two
million four hundred thousand pesos (₱2,400,000) but does not exceed
Four million four hundred thousand pesos (₱4,400,000), and if such
amount exceeds the latter sum, the penalty provided in this paragraph

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 shall be imposed in its maximum period, adding one year for each
additional Two million pesos (₱2,000,000); but the total penalty which
may be imposed shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may be imposed and for
the purpose of the other provisions of this Code, the penalty shall be
termed prisión mayor or reclusion temporal, as the case may be.
2nd. The penalty of prisión correccional in its minimum and medium
periods, if the amount of the fraud is over One million two hundred
thousand pesos (₱1,200,000) but does not exceed Two million four
hundred thousand pesos (₱2,400,000).

3rd. The penalty of arresto mayor in its maximum period to prisión

correccional in its minimum period, if such amount is over Forty
thousand pesos (₱40,000) but does not exceed One million two hundred
thousand pesos (₱1,200,000).

4th. By arresto mayor in its medium and maximum periods, if such

amount does not exceed Forty thousand pesos (₱40,000): Provided,
That in the four cases mentioned, the fraud be committed by any of the
following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) altering the substance, quantity, or quality of anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal consideration.

(b) By misappropriating or converting, to the prejudice of another, money,

goods, or any other personal property received by the offender in trust or on
commission, or for administration, or under any other obligation involving the
duty to make delivery of or to return the same, even though such obligation be
totally or partially guaranteed by a bond; or by denying having received such
money, goods, or other property.

(c) By taking undue advantage of the signature of the offended party in blank,
and by writing any document above such signature in blank, to the prejudice of
the offended party or any third person.

2. By means of any of the following false pretenses or fraudulent acts

executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions, or
by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art or
business.
(c) By pretending to have bribed any Government employee, without prejudice
to the action for calumny which the offended party may deem proper to bring

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against the offender. In this case, the offender shall be punished by the
maximum period of the penalty.
(d) By postdating a check, or issuing a check in payment of an obligation when
the offender had no funds in the bank, or his funds deposited therein were not
sufficient to cover the amount of the check. The failure of the drawer of the
check to deposit the amount necessary to cover his check within three (3) clays
from receipt of notice from the bank and/or the payee or holder that said check
has been dishonored for lack or insufficiency of funds shall be prime facie
evidence of deceit constituting false pretense or fraudulent act.

Any person who shall defraud another by means of false pretenses or

fraudulent acts as defined in paragraph 2(d) hereof shall be punished by:

1st. The penalty of reclusion temporal in its maximum period, if the amount of
fraud is over Four million four hundred thousand pesos (₱4,400,000) but does
not exceed Eight million eight hundred thousand pesos (₱8,800,000). If the
amount exceeds the latter, the penalty shall be reclusion perpetua.

2nd. The penalty of reclusion temporal in its minimum and medium periods, if
the amount of the fraud is over Two million four hundred thousand pesos
(₱2,400,000) but does not exceed Four million four hundred thousand pesos
(₱4,400,000).

3rd. The penalty of prisión mayor in its maximum period, if the amount of the
fraud is over One million two hundred thousand pesos (₱1,200,000) but does
not exceed Two million four hundred thousand pesos (₱2,400,000).

4th. The penalty of prisión mayor in its medium period, if such amount is over
Forty thousand pesos (₱40,000) but does not exceed One million two hundred
thousand pesos (₱1,200,000).

5th. By prisión mayor in its minimum period, if such amount does not exceed
Forty thousand pesos (₱40,000).

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling
game.
(c) By removing, concealing or destroying, in whole or in part, any court record,
office files, document or any other papers. (As amended by R.A. 10951)

Article 316. Other forms of swindling.

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 The penalty of arresto mayor in its minimum and medium period and a
fine of not less than the value of the damage caused and not more than
three times such value, shall be imposed upon:

1. Any person who, pretending to be owner of any real property, shall convey,
sell, encumber or mortgage the same.
2. Any person, who, knowing that real property is encumbered, shall dispose of
the same, although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it from its
lawful possessor, to the prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall execute any fictitious
contract.
5. Any person who shall accept any compensation given him under the belief
that it was in payment of services rendered or labor performed by him, when in
fact he did not actually perform such services or labor.
6. Any person who, while being a surety in a bond given in a criminal or civil
action, without express authority from the court or before the cancellation of his
bond or before being relieved from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber the real property or properties
with which he guaranteed the fulfillment of such obligation.

Article 317. Swindling a minor.

Any person who taking advantage of the inexperience or emotions or

feelings of a minor, to his detriment, shall induce him to assume any
obligation or to give any release or execute a transfer of any property
right in consideration of some loan of money, credit or other personal
property, whether the loan clearly appears in the document or is shown
in any other form, shall suffer the penalty of arresto mayor and a fine of
a sum ranging from 10 to 50 per cent of the value of the obligation
contracted by the minor.

Art. 318. Other deceits.

The penalty of arresto mayor and a fine of not less than the amount of
the damage caused and not more than twice such amount shall be
imposed upon any person who shall defraud or damage another by any
other deceit not mentioned in the preceding articles of this Chapter.

Any person who, for profit or gain, shall interpret dreams, make
forecasts, tell fortunes, or take advantage of the credulity of the public in
any other similar manner, shall suffer the penalty of arresto mayor or a
fine not exceeding Forty thousand pesos (₱40,000). (As amended by
R.A. 10951)

 Chapter Seven: Chattel Mortgage

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Article 319. Removal, sale or pledge of mortgaged property.

The penalty or arresto mayor or a fine amounting to twice the value of

the property shall be imposed upon:

[Link] person who shall knowingly remove any personal property mortgaged
under the Chattel Mortgage Law to any province or city other than the one in
which it was located at the time of the execution of the mortgage, without the
written consent of the mortgagee, or his executors, administrators or assigns.

2. Any mortgagor who shall sell or pledge personal property already pledged, or
any part thereof, under the terms of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back of the mortgage and noted on the
record hereof in the office of the Register of Deeds of the province where such
property is located.

 Chapter Eight: Arson and Other Crimes involving Destructions

Art. 320. Destructive Arson.

The penalty of reclusion perpetua to death shall be imposed upon any

person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of

burning, or as a result of simultaneous burnings, committed on several or
different occasions.
2. Any building of public or private ownership, devoted to the public in general
or where people usually gather or congregate for a definite purpose such as,
but not limited to, official governmental function or business, private transaction,
commerce, trade, workshop, meetings and conferences, or merely incidental to
a definite purpose such as but not limited to hotels, motels, transient dwellings,
public conveyances or stops or terminals, regardless of whether the offender
had knowledge that there are persons in said building or edifice at the time it is
set on fire and regardless also of whether the building is actually inhabited or
not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to
transportation or conveyance, or for public use, entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto,
which are devoted to the service of public utilities.
5. Any building the burning of which is for the purpose of concealing or
destroying evidence of another violation of law, or for the purpose of concealing
bankruptcy or defrauding creditors or to collect from insurance.
Irrespective of the application of the above enumerated qualifying
circumstances, the penalty of reclusion perpetua to death shall likewise be
imposed when the arson is perpetrated or committed by two (2) or more

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persons or by a group of persons, regardless of whether their purpose is merely
to burn or destroy the building or the burning merely constitutes an overt act in
the commission or another violation of law.

 The penalty of reclusion perpetua to death shall also be imposed upon any
person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory,

ordnance, storehouse, archives or general museum of the Government.
2. In an inhabited place, any storehouse or factory of inflammable or explosive
materials.
If as a consequence of the commission of any of the acts penalized under this
Article, death results, the mandatory penalty of death shall be imposed. (as
amended by R.A. 7659)

Article 321. Other forms of arson.

When the arson consists in the burning of other property and under the
circumstances given hereunder, the offender shall be punishable:

1. By reclusion temporal or reclusion perpetua:

(a) if the offender shall set fire to any building, farmhouse, warehouse, hut,
shelter, or vessel in port, knowing it to be occupied at the time by one or more
persons;
(b) If the building burned is a public building and value of the damage caused
exceeds 6,000 pesos;
(c) If the building burned is a public building and the purpose is to destroy
evidence kept therein to be used in instituting prosecution for the punishment of
violators of the law, irrespective of the amount of the damage;
(d) If the building burned is a public building and the purpose is to destroy
evidence kept therein to be used in legislative, judicial or administrative
proceedings, irrespective of the amount of the damage; Provided, however,
That if the evidence destroyed is to be used against the defendant for the
prosecution of any crime punishable under existing laws, the penalty shall be
reclusion perpetua;
(e) If the arson shall have been committed with the intention of collecting under
an insurance policy against loss or damage by fire.

2. By reclusion temporal:
(a) If an inhabited house or any other building in which people are accustomed
to meet is set on fire, and the culprit did not know that such house or building
was occupied at the time, or if he shall set fire to a moving freight train or motor
vehicle, and the value of the damage caused exceeds 6,000 pesos;
(b) If the value of the damage caused in paragraph (b) of the preceding
subdivision does not exceed 6,000 pesos;

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(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar
plantation is set on fire and the damage caused exceeds 6,000 pesos; and
(d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the
damage caused exceeds 6,000 pesos.

3. By prision mayor:
(a) If the value of the damage caused in the case mentioned in paragraphs (a),
(c), and (d) in the next preceding subdivision does not exceed 6,000 pesos;
(b) If a building not used as a dwelling or place of assembly, located in a
populated place, is set on fire, and the damage caused exceeds 6,000 pesos;

4. By prision correccional in its maximum period to prision mayor in its

medium period:
(a) If a building used as dwelling located in an uninhabited place is set on fire
and the damage caused exceeds 1,000 pesos;
(b) If the value or the damage caused in the case mentioned in paragraphs (c)
and (d) of subdivision 2 of this article does not exceed 200 pesos.

4. By prision correccional in its medium period to prision mayor in its

minimum period, when the damage caused is over 200 pesos but does not
exceed 1,000 pesos, and the property referred to in paragraph (a) of the
preceding subdivision is set on fire; but when the value of such property does
not exceed 200 pesos, the penalty next lower in degree than that prescribed in
this subdivision shall be imposed.

5. The penalty of prision correccional in its medium and maximum

periods, if the damage caused in the case mentioned in paragraph (b) of
subdivision 3 of this article does not exceed 6,000 pesos but is over 200 pesos.

6. The penalty of prision correccional in its minimum and medium

periods, if the damage caused in the case mentioned paragraph (b)
subdivision 3 of this article does not exceed 200 pesos.

7. The penalty of arresto mayor and a fine ranging from fifty to one
hundred per centum if the damage caused shall be imposed, when the
property burned consists of grain fields, pasture lands, forests, or plantations
when the value of such property does not exceed 200 pesos. (As amended by
R.A. 5467, approved May 12, 1969).

Article 322. Cases of arson not included in the preceding articles.

Cases of arson not included in the next preceding articles shall be punished:

1. By arresto mayor in its medium and maximum periods, when the damage
caused does not exceed 50 pesos;

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2. By arresto mayor in its maximum period to prision correccional in its
minimum period, when the damage caused is over 50 pesos but does not
exceed 200 pesos;
3. By prision correccional in its minimum and medium periods, if the damage
caused is over 200 pesos but does not exceed 1,000 pesos; and
4. By prision correccional in its medium and maximum periods, if it is over
1,000 pesos.

Article 323. Arson of property of small value.

The arson of any uninhabited hut, storehouse, barn, shed, or any other
property the value of which does not exceed 25 pesos, committed at a
time or under circumstances which clearly exclude all danger of the fire
spreading, shall not be punished by the penalties respectively prescribed
in this chapter, but in accordance with the damage caused and under t
he provisions of the following chapter.

Article 324. Crimes involving destruction.

Any person who shall cause destruction by means of explosion,

discharge of electric current, inundation, sinking or stranding of a vessel,
intentional damaging of the engine of said vessel, taking up the rails
from a railway track, maliciously changing railway signals for the safety
of moving trains, destroying telegraph wires and telegraph posts, or
those of any other system, and, in general, by using any other agency or
means of destruction as effective as those above enumerated, shall be
punished by reclusion temporal if the commission has endangered the
safety of any person, otherwise, the penalty of prision mayor shall be
imposed.

Article 325. Burning one’s own property as means to commit arson.

Any person guilty of arson or causing great destruction of the property

belonging to another shall suffer the penalties prescribed in this chapter,
even though he shall have set fire to or destroyed his own property for
the purposes of committing the crime.

Article 326. Setting fire to property exclusively owned by the offender.

If the property burned shall be the exclusive property of the offender, he

shall be punished by arresto mayor in its maximum period to prision
correccional in its minimum period, if the arson shall have been
committed for the purpose of defrauding or causing damage to another,
or prejudice shall actually have been caused, or if the thing burned shall
have been a building in an inhabited place.

Article 326- A. In cases where death resulted as a consequence of arson.

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 If death resulted as a consequence of arson committed on any of the
properties and under any of the circumstances mentioned in the
preceding articles, the court shall impose the death penalty.

Article 326- B. Prima facie evidence of arson.

Any of the following circumstances shall constitute prima facie evidence

of arson:
1. If after the fire, are found materials or substances soaked in gasoline,
kerosene, petroleum, or other inflammables, or any mechanical, electrical
chemical or traces or any of the foregoing.
2. That substantial amount of inflammable substance or materials were stored
within the building not necessary in the course of the defendant’s business; and
3. That the fire started simultaneously in more than one part of the building or
locale under circumstances that cannot normally be due to accidental or
unintentional causes: Provided, however, That at least one of the following is
present in any of the three above-mentioned circumstances:

(a) That the total insurance carried on the building and/or goods is more than
80 per cent of the value of such building and/or goods at the time of the fire;
(b) That the defendant after the fire has presented a fraudulent claim for loss.
The penalty of prision correccional shall be imposed on one who plants the
articles above-mentioned, in order to secure a conviction, or as a means of
extortion or coercion. (As amended by R.A. 5467, approved May 12, 1969).

 Chapter Nine: Malicious Mischief

Article 327. Who are liable for malicious mischief.

Any person who shall deliberately cause the property of another any
damage not falling within the terms of the next preceding chapter shall
be guilty of malicious mischief.

Art. 328. Special cases of malicious mischief.

Any person who shall cause damage to obstruct the performance of

public functions, or using any poisonous or corrosive substance; or
spreading any infection or contagion among cattle; or who causes
damage to the property of the National Museum or National Library, or to
any archive or registry, waterworks, road, promenade, or any other thing
used in common by the public, shall be punished:

1. By prisión correccional in its minimum and medium periods, if the value of

the damage caused exceeds Two hundred thousand pesos (₱200,000);

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2. Bv arresto mayor if such value does not exceed the abovementioned amount
but is over Forty thousand pesos (₱40,000); and
3. By arresto menor, if such value does not exceed Forty thousand pesos
(₱40,000).

Art. 329. Other mischiefs.

The mischiefs not included in the next preceding article shall be

punished:
1. By arresto mayor in its medium and maximum periods, if the value of the
damage caused exceeds Two hundred thousand pesos (₱200,000);
2. By arresto mayor in its minimum and medium periods, if such value is over
Forty thousand pesos (₱40,000) but does not exceed Two hundred thousand
pesos (₱200,000); and
3. By arresto menor or a fine of not less than the value of the damage caused
and not more than Forty thousand pesos (₱40,000), if the amount involved
does not exceed Forty thousand pesos (₱40,000) or cannot be estimated. (As
amended by R.A. 10951)

Article 330. Damage and obstruction to means of communication.

The penalty of prision correccional in its medium and maximum periods

shall be imposed upon any person who shall damage any railway,
telegraph or telephone lines.
If the damage shall result in any derailment of cars, collision or other
accident, the penalty of prision mayor shall be imposed, without
prejudice to the criminal liability of the offender for the other
consequences of his criminal act.

For the purpose of the provisions of the article, the electric wires, traction
cables, signal system and other things pertaining to railways, shall be
deemed to constitute an integral part of a railway system.

Art. 331. Destroying or damaging statues, public monuments or paintings.

Any person who shall destroy or damage statues or any other useful or
ornamental public monument, shall suffer the penalty of arresto mayor in
its medium period to prisión correccional in its minimum period.

Any person who shall destroy or damage any useful or ornamental

painting of a public nature shall suffer the penalty of arresto menor or a
fine not exceeding Forty thousand pesos (₱40,000), or both such fine
and imprisonment, in the discretion of the court. (As amended by R.A.
10951)

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 Chapter Ten: Exemption from Criminal Liability in Crimes Against
Property

Article 332. Persons exempt from criminal liability.

No criminal, but only civil liability, shall result from the commission of the
crime of theft, swindling or malicious mischief committed or caused
mutually by the following persons:

1. Spouses, ascendants and descendants, or relatives by affinity in the same

line.
2. The widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall have passed into the possession of
another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The exemption established by this article shall not be applicable to strangers
participating in the commission of the crime.

 Sixteenth Congress
Third Regular Session

 Begun and held in Metro Manila, on Monday, the twenty-seventh day of

July, two thousand fifteen.

REPUBLIC ACT No. 10883 An Act Providing for a New Anti-Carnapping

Law of the Philippines

Be it enacted by the Senate and House of Representatives of the Philippine

Congress Assembled:

Section 1. Short Title. - This Act shall be known as the "New Anti-Carnapping
Act of 2016".

Section 2. Definition of Terms. - As used in this Act:

(a) Body building refers to a job undertaken on a motor vehicle in order to
replace its entire body with a new body;
(b) Defacing or tampering with a serial number refers to the altering, changing,
erasing, replacing or scratching of the original factory inscribed serial number
on the motor vehicle engine, engine block or chassis of any motor vehicle.
Whenever any motor vehicle is found to have a serial number on its engine,
engine block or chassis which is different from that which is listed in the records
of the Bureau of Customs for motor vehicle imported into the Philippines, that
motor vehicle shall be considered to have a defaced or tampered serial
number;

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(c) Dismantling refers to the tearing apart, piece-by-piece or part-by-part, of a
motor vehicle;
(d) Identity transfer refers to the act of transferring the engine number, chassis
number, body tag number, plate number, and any other identifying marks of a
motor vehicle declared as "total wreck" or is beyond economic repair by
concerned car insurance companies and/or law enforcement agencies after its
involvement in a vehicular accident or other incident and registers the same
into another factory-made body or vehicle unit, of the same classification, type,
make or model;
(e) Motor vehicle refers to any vehicle propelled by any power other than
muscular power using the public highways, except road rollers, trolley cars,
street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts,
amphibian trucks, and cranes if not used on public highways; vehicles which
run only on rails or tracks; and tractors, trailers and traction engines of all kinds
used exclusively for agricultural purposes. Trailers having any number of
wheels, when propelled or intended to be propelled by attachment to a motor
vehicle, shall be classified as a separate motor vehicle with no power rating;
(f) Overhauling refers to the cleaning or repairing of the whole engine of a
motor vehicle by separating the motor engine and its parts from the body of the
motor vehicle;
(g) Repainting refers to changing the color of a motor vehicle by means of
painting. There is painting whenever the new color of a motor vehicle is
different from its color registered in the Land Transportation Office (LTO);
(h) Remodeling refers to the introduction of some changes in the shape or form
of the body of the motor vehicle;
(i) Second hand spare parts refer to the parts taken from a carnapped vehicle
used in assembling another vehicle;
(j) Total wreck refers to the state or status of a motor vehicle after a vehicular
accident or other incident, so that it is rendered inoperational and beyond
economic repair due to the extent of damage in its body, chassis and engine;
and
(k) Unlawful transfer or use of vehicle plates refers to the use or transfer of a
vehicle plate issued by the LTO to a certain vehicle to another vehicle. It is
presumed illegally transferred when the motor vehicle plate does not
correspond with that as appearing in the certificate of registration of the motor
vehicle to which it was issued.

Section 3. Carnapping; Penalties. - Carnapping is the taking, with intent to

gain, of a motor vehicle belonging to another without the latter’s consent, or by
means of violence against or intimidation of persons, or by using force upon
things.
Any person who is found guilty of carnapping shall, regardless of the value of
the motor vehicle taken, be punished by imprisonment for not less than twenty
(20) years and one (1) day but not more than thirty (30) years, when the
carnapping is committed without violence against or intimidation of persons, or
force upon things; and by imprisonment for not less than thirty (30) years and

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one (1) day but not more than forty (40) years, when the carnapping is
committed by means of violence against or intimidation of persons, or force
upon things; and the penalty of life imprisonment shall be imposed when the
owner, driver, or occupant of the carnapped motor vehicle is killed or raped in
the commission of the carnapping.
Any person charged with carnapping or when the crime of carnapping is
committed by criminal groups, gangs or syndicates or by means of violence or
intimidation of any person or persons or forced upon things; or when the owner,
driver, passenger or occupant of the carnapped vehicle is killed or raped in the
course of the carnapping shall be denied bail when the evidence of guilt is
strong.

Section 4. Concealment of Carnapping. - Any person who conceals

carnapping shall be punished with imprisonment of six (6) years up to twelve
(12) years and a fine equal to the amount of the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in the
violation; Provided, That if the person violating any provision of this Act is a
juridical person, the penalty herein provided shall be imposed on its president,
secretary, and/or members of the board of directors or any of its officers and
employees who may have directly participated in the violation.
Any public official or employee who directly commits the unlawful acts defined
in this Act or is guilty of gross negligence of duty or connives with or permits the
commission of any of the said unlawful acts shall, in addition to the penalty
prescribed in the preceding paragraph, be dismissed from the service, and
his/her benefits forfeited and shall be permanently disqualified from holding
public office.

Section 5. Original Registration of Motor Vehicles. - Any person seeking the

original registration of a motor vehicle, whether that motor vehicle is newly
assembled or rebuilt or acquired from a registered owner, shall, within one (1)
week after the completion of the assembly or rebuilding job or the acquisition
thereof from the registered owner, apply to the Philippine National Police (PNP)
for the clearance of the motor vehicle for registration with the LTO. The PNP
shall, upon receipt of the application, verify if the motor vehicle or its numbered
parts are in the list of carnapped motor vehicles or stolen motor vehicle parts. If
the motor vehicle or any of its numbered parts is not in the list, the PNP shall
forthwith issue a certificate of clearance. Upon presentation of the certificate of
clearance from the PNP and after verification of the registration of the motor
vehicle engine, engine block and chassis in the permanent registry of motor
vehicle engine, engine block and chassis, the LTO shall register the motor
vehicle in accordance with existing laws, rules and regulations within twenty
(20) working days.

Section 6. Registration of Motor Vehicle, Motor Vehicle Engine, Engine Block

and Chassis. - Within one (1) year upon approval of this Act, every owner or
possessor of unregistered motor vehicle or parts thereof in knock down

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condition shall register before the LTO the motor vehicle engine, engine block
and chassis in the name of the possessor or in the name of the real owner who
shall be readily available to answer any claim over the registered motor vehicle
engine, engine block and chassis. Thereafter, all motor vehicle engines, engine
blocks and chassis not registered with the LTO shall be considered as a
carnapped vehicle, an untaxed importation or coming from illegal source and
shall be confiscated in favor of the government.

Section 7. Permanent Registry of Motor Vehicle, Motor Vehicle Engines,

Engine Blocks and Chassis. - The LTO shall keep a permanent registry of
motor vehicle, motor vehicle engines, engine blocks and chassis of all motor
vehicles, specifying therein their type, make, serial numbers and stating therein
the names and addresses of their present and previous owners. Copies of the
registry and of all entries made thereon shall be furnished the PNP and all LTO
regional, provincial and city branch offices: Provided, That all LTO regional,
provincial and city offices are likewise obliged to furnish copies of all
registrations of motor vehicles to the main office and to the PNP: Provided,
further, That the original copy of the certificate of registration shall be given to
the registered owner, the second copy shall be retained with the LTO and the
third copy shall be submitted to the PNP. Moreover, it shall be unlawful for any
person or employee who willfully encodes in the registry of motor vehicles a
non-existing vehicle or without history, new identity of already existing vehicle
or double/multiple registration ("KAMBAL") of vehicle.

Section 8. Registration of Sale, Transfer, Conveyance of a Motor Vehicle,

Substitution or Replacement of a Motor Vehicle Engine, Engine Block or
Chassis - Every sale, transfer, conveyance of a motor vehicle, substitution or
replacement of a motor vehicle engine, engine block or chassis of a motor
vehicle shall be registered with the LTO within twenty (20) working days upon
purchase/acquisition of a motor vehicle and substitution or replacement of a
motor vehicle engine, engine block or chassis. A motor vehicle, motor vehicle
engine, engine block or chassis not registered with the LTO shall be presumed
as a carnapped vehicle, an untaxed imported vehicle, or a vehicle proceeding
from illegal sources unless proven otherwise and shall be confiscated in favor
of the government.

Section 9. Duty of Collector of Customs to Report. - Within seven (7) days after
the arrival of an imported vehicle, motor vehicle engine, engine block, chassis
or body, the Collector of Customs of a principal port of entry where the imported
vehicle or parts enumerated above are unloaded shall report the shipment to
the LTO, specifying the make, type and serial numbers, if any, of the motor
vehicle, motor vehicle engine, engine block, chassis or body, and stating the
names and addresses of the owner or consignee thereof. If the motor vehicle,
motor vehicle engine, engine block, chassis or body does not bear any serial
number, the Collector of Customs concerned shall hold the motor vehicle,
motor vehicle engine, engine block, chassis or body until it is numbered by the

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LTO: Provided, That a PNP clearance shall be required prior to engraving the
engine or chassis number.

Section 10. Duty of Importers, Distributors and Sellers of Motor Vehicles to

Keep Record of Stocks. - Any person engaged in the importation, distribution,
and buying and selling of motor vehicles, motor vehicle engines, engine blocks,
chassis or body shall keep a permanent record of one’s stocks, stating therein
their type, make and serial numbers, and the names and addresses of the
persons from whom they were acquired and the names and addresses of the
persons to whom they are sold, and shall render accurately a monthly report of
his/her transactions in motor vehicles to the LTO.1avvphi1

Section 11. Duty of Manufacturers of Engine Blocks, Chassis or Body to

Cause the Numbering of Engine Blocks, Chassis or Body Manufactured. - Any
person engaged in the manufacture of engine blocks, chassis or body shall
cause the numbering of every engine block, chassis or body manufactured in a
convenient and conspicuous part thereof which the LTO may direct for the
purpose of uniformity and identification of the factory and shall submit to the
LTO a monthly report of the manufacture and sale of engine blocks, chassis or
body.

Section 12. Clearance and Permit Required for Assembly or Rebuilding of

Motor Vehicles. - Any person who shall undertake to assemble or rebuild or
cause the assembly or rebuilding of a motor vehicle shall first secure a
certificate of clearance from the PNP: Provided, That no such permit shall be
issued unless the applicant shall present a statement under oath containing the
type, make and serial numbers of the engine, chassis and body, if any, and the
complete list of the spare parts of the motor vehicle to be assembled or rebuilt
together with the names and addresses of the sources thereof.
In the case of motor vehicle engines to be mounted on motor boats, motor
bancas, water crafts and other light water vessels, the applicant shall secure a
permit from the PNP, which office shall in turn furnish the LTO pertinent data
concerning the motor vehicle engines including their type, make and serial
numbers.

Section 13. Clearance Required for Shipment of Motor Vehicles, Motor Vehicle
Engines, Engine Blocks, Chassis or Body - The Philippine Ports Authority
(PPA) shall submit a report to the PNP within seven (7) days upon boarding all
motor vehicles being boarded the "RORO", ferry, boat, vessel or ship for
interisland and international shipment. The PPA shall not allow the loading of
motor vehicles in all interisland and international shipping vessels without a
motor vehicle clearance from the PNP, except cargo trucks and other trucks
carrying goods, Land Transportation Franchising and Regulatory Board
(LTFRB)-accredited public utility vehicles (PUV) and other motor vehicles
carrying foodstuff and dry goods.

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Section 14. Defacing or Tampering with Serial Numbers of Motor Vehicle
Engines, Engine Blocks and Chassis. - It shall be unlawful for any person to
deface or otherwise tamper with the original or registered serial number of
motor vehicle engines, engine blocks and chassis.

Section 15. Identity Transfer. - It shall be unlawful for any person, office or
entity to cause and/or allow the sale, registration, and/or transfer into another
name, the chassis number, engine number and plate number of a motor vehicle
declared as "total wreck" or beyond economic repair by concerned insurance
company, and/or law enforcement agencies, due to its involvement in a
vehicular accident or for some other causes. The LTO shall cancel the
registration of total wreck vehicle as reported by the PNP and/or as declared by
the Insurance Commission.

Section 16. Transfer of Vehicle Plate. - It shall be unlawful for any person,
office or entity to transfer or use a vehicle plate from one vehicle to another
without securing the proper authority from the LTO.

Section 17. Sale of Second Hand Spare Parts. - It shall be unlawful for any
person, office or entity to buy and/or sell any second hand spare parts taken
from a carnapped vehicle.

Section 18. Foreign Nationals. - Foreign nationals convicted under the

provisions of this Act shall be deported immediately after service of sentence
without further proceedings by the Bureau of Immigration.

Section 19. Reward. - Any person who voluntarily gives information leading to
the recovery of carnapped vehicles and for the apprehension of the persons
charged with carnapping shall be given monetary reward as the PNP may
determine. The PNP shall include in their annual budget the amount necessary
to carry out the purposes of this section. Any information given by informers
shall be treated as confidential matter.

Section 20. Implementing Rules and Regulations. - The PNP together with the
Department of Transportation and Communications, LTO, Philippine Coast
Guard, Maritime Industry Authority, Bureau of Customs and relevant motorists
and automotive sectors shall, within sixty (60) days from the effectivity of this
Act, after unanimous approval, promulgate the necessary implementing rules
and regulations to effectively carry out the provisions of this Act, including the
setting up of a coordinated online access and the effective clearance system
mentioned in Section 12 of this Act to expedite motor vehicle data and details
verification.

Section 21. Separability Clause. - If any provision of this Act is declared invalid,
the remainder of this Act or any provision not affected thereby shall remain in
full force and effect.

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Section 22. Repealing Clause. - Republic Act No. 6539, otherwise known as
the "Anti-Carnapping Act of 1972", is hereby repealed. All laws, executive
orders, rules and regulations or parts thereof inconsistent with the provisions of
this Act are hereby amended or repealed accordingly.

Section 23. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general
circulation, whichever comes earlier.

CHAPTER 3
Crime Scene Search and Processing for Property
Crimes

Title : Crime Scene Processing

Training Reference Used:

PNP Criminal Investigation Manual (Revised) 2010, Crime Laboratory Lecture

notes, Basic Crime Scene Investigation Course ICITAP 2010, PNP Police
Operational Procedure 2010, PPSC Forensic Book and other lecture notes.

Introduction:

Crime scene processing is very crucial part in the investigation of crime

incident since it is where an investigator establishes the case and where
potential evidence can be recovered that can connect the suspect to the
crime. Physical evidence do not lie and can remain forever. It can stand alone
as an evidence that only needs a skilled and diligent investigator to locate and
collect it. Most of the evidence on a crime is found at the crime scene.

Training Goal:

To provide the participants working knowledge on how to maintain the

integrity of physical evidence through the proper procedure in processing a
crime scene, evidence recognition, searching, preservation, documentation,
collection and handling of physical evidence to ensure the prosecution and
conviction of criminal suspect/s in the courts of law.

Training Objective:

At the end of the course the participants will be able to:

Define the different terms used in this lesson.

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Know and understand the role of the Scene of Crime Operation (SOCO) at
the crime scene.
Know the basic composition, duties and responsibilities of the scene of crime
operation.
Know the proper procedure on how to process different types of crime scene,
how to secure and preserve a crime scene to ensure the integrity of every
physical evidence that can be recovered at the crime scene.
Know the different types of searching method and its application to the crime
scene.
Know the different types of crime scene sketch and its purpose.
Know the different methods and procedure in documenting a crime scene.
Know how to recognize, collect, package, handle and transport different types
of physical evidence applying the lesson from the subject on Forensic
Sciences.
Know the different examination that can be requested on a particular
evidence.

1 Definition of Terms:

Crime Scene Investigation – It is the conduct of processes, more particularly

the recognition, search, collection, handling, preservation and documentation
of physical evidence to include the identification and interview of witnesses
and the arrest of suspect/s at the crime scene.

Crime Scene – A crime scene be defined as a location at which an offense

was committed and where potential for evidence of that crime may exist. It
can be understood to include all areas in which the criminal, any possible
victim/s, and any eyewitness/es moved during the time the crime was
committed.

Scene of Crime Operation (SOCO) – Is a forensic procedure performed by

trained personnel of the PNP Crime Laboratory through scientific methods of
investigation for the purpose of preserving the crime scene, gathering
information, documentation, collection and handling of all physical evidence.
It is the conduct of processes, more particularly the recognition, search,
preservation, documentation, collection, packaging and handling of physical
evidence.

2 Basic composition of the Scene of Crime Operation (SOCO)

Team Leader
Crime Photographer
Crime Scene Sketcher
Recorder
Evidence Collector
Evidence Custodian
Medico-legal Officer
Fingerprint Examiner/Technician

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Note: This composition is ideal in major cases but in some cases, this can be
accomplished by trained SOCO personnel or Investigators.

3 SOCO Assistance ( See Figure 1)

In cases where the crime scene needs special processing due to its
significance or because of its sensational nature, the Scene of the Crime
Operation (SOCO) specialists of the Crime Laboratory shall be requested.

If the situation involves a clandestine drug laboratory, biological

weapons, radiological or chemical threats, the appropriate agency should be
contacted prior to entering the scene.

Significant cases:

Bombing Incident
Initiated terrorist activities
Raids, ambuscade, liquidation
KFR case
Armed Robbery of Banks and other
Financial institution
Calamity/Disaster
Massacre
Heinous crimes (as define by law)
Murder, Homicide, Arson, Rape with Homicide

Sensational Cases:

Elected Public Officials (Brgy Captain up to President of the RP)

Appointed Public Officials with the rank of commissioner, secretary and
undersecretary
Foreign diplomat
Any foreigner
PNP/AFP personnel
Former high-ranking government officials
Other prominent figures such as movie stars, sports stars, tri-media
practitioners, prominent businessmen, professionals, and prominent leaders
of religious organizations.

4 Preparation

Before responding to a crime scene, the SOCO team leader must first
have an idea on what type of crime they are responding too and the present
situation at the crime scene. Determine the readiness of the personnel
involve, their individual equipments and the needs at the crime scene base on
the information relayed by the requesting party.

5 Investigative Procedure at the Crime Scene

Upon arrival at the crime scene (See Figure 2)

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The team leader will coordinate with the Investigator-on-case and if possible
talk to the first responders to have a better evaluation on what happened
before, during and after the incident before the arrival of the SOCO team.

Record time/date of arrival at the crime scene, location of the scene, weather
condition, lighting condition in the area, direction of wind and visibility.

Check if the crime scene is properly secured and protected, the extent of
coverage. Determine if the crime scene post any safety hazard and/or health
hazard concern to the SOCO team and other investigating unit.

The team leader will make a visual survey/ walk through at the crime scene
and make a mental reconstruction of the crime scene as to the original
position of objects prior to the arrival of rescue team and other personnel.
Makes a general assessment and develops a general theory of the crime
scene. Establishes evidence types most likely to be encountered and define
the extend of the search area.
Note: All personnel entering the crime scene must put on surgical gloves,
shoe cover and protective clothing.

The team leader must reconfirm the status of the victim in a homicide or
murder case. Only coroner or a medical examiner shall remove the dead body
after the conduct of necessary documentations unless unusual circumstances
justify its immediate removal.

The team leader to make general assessment on what evidence that can
possibly be collected, the presence of biological and other perishable
evidence that needs special attention. Be alert for discarded evidence, make
pertinent notes as to possible entry and exit points of the perpetrator.

The team leader to determine appropriate place for a SOCO Command Post
that is accessible to the working personnel.

The team leader to conduct briefing to SOCO team members to ensure

proper examination of the crime scene and ensure the integrity of all physical
evidence at the crime scene. Determines the personnel and equipment
needed and makes specific assignments

6 Crime Scene Documentation

Photography and or video

The main objective of photography is to create an accurate objective

visual record of the crime scene before any item is moved or removed.

The crime photographer will enter the crime scene and take a photograph of
the crime scene from general to specific. Photograph should show a general
view of the front and back of the crime scene, entrance and exit at the crime
scene, the possible entrance and exit use by suspect.

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The next photograph is a medium view of the entrance and exit at the crime
scene (indoor), the possible entrance and exit used by the suspect. An
overlapping view of the immediate crime scene (for uniformity clockwise), if
possible take a top view photograph of the crime scene. The next round of
photograph on this overlapping view will be taken after putting marker/tags on
the evidence with individual close-up photograph of the physical evidence and
another round after collecting all the physical evidence.

Close-up photograph of physical evidence. A second round of photograph

after the search that include exhibit number.

Additional close-up photograph be taken with a scale beside the

evidence that helps in determining its size.

The photographer to prepare and fill-up the photographic log. (See

Figure 3).

Crime Scene Sketch

Sketches are prepared to indicate exact location of objects and

its relationship to each other and other objects at the crime scene. It is useful
in questioning of suspects and witnesses as well as in the writing of
investigative reports.
Sketches are excellent companions to photograph. Where
photographs provide exact details, sketches offer accurate information about
the placement of objects and they show relationship and distances between
things.

Things to consider in preparing a crime scene rough sketch

Must present the exact measurement and information about the

placement of objects.

Must be oriented to the north or show the direction of the north.

Must indicate an accurate measurement of objects and location of physical
evidence.
Must use the one of the commonly known type of measurement either English
or American.
Must always use fixed point or object as reference point.
Must indicate the tag or evidence designated number on the sketch.
Must contains the following information; case number, crime committed, time
and date it was prepared, location of the crime scene, rank and name of
investigator, name of victim, rank, name and signature of sketcher, name and
signature of witnesses.
The finish sketch will be prepared at the office for court presentation.
Use the universally recommended symbols.
Note: While preparing the sketch, the sketcher should stay in one place.
Main Type of Crime Scene Sketch

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Rough Sketch (See Figure 4)

A rough sketch is drawn free-hand by the sketcher at the crime scene.

Changes should not be made to it after the sketcher has left the scene. This
sketch will not normally be drawn to scale, but will indicate accurate
distances, dimensions, and relative proportions.

Smooth/ Finish Sketch (See Figure 5)

A smooth or finish sketch is one that is finished and is frequently drawn to

scale from the information provided in the rough sketch. If a sketch is drawn to
scale, the numbers concerning the distances can be eliminated. However, if
the sketch is not drawn to scale, the distances need to be shown.

Recommended Legend Symbols

Motor Vehicle Skid marks/ Tire prints

Motor Cycle Utility Post

Tree Fence X X X

Shrubs North Direction N

Camera position Explosion Crater

Types of Crime Scene Sketch

 Location/ Neighborhood sketch (See Figure 6)

It is used to document important items within a large
scene involving a large tract of land and/or many buildings. The sketch can
show the location of evidence and its relationship to the overall scene, the
relationship of each building to one another, the location of major vegetation,
fences street signs, path of egress used by the suspects, the location of
witnesses in relation to the scene. Its up to the discretion of investigator what
should be included or excluded in the sketch.

 Floor plan/ bird’s eye view sketch (See Figure 7)

Is the simplest and most common one used in
diagramming crime scenes. It may be used in nearly all crime scene situation
where the items of interest are located in one plane. It is also the easiest for
lay people such jury members/judges to comprehend.

 Exploded sketch/ Cross projection sketch (See Figure 8)

Is the sketch that uses the combination of the floor plan
and the four elevation views (the walls) of a room. The walls and ceiling are

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drawn as if they are folded out with the ceiling placed on one of the walls. The
purpose of this type of sketch is to show points of interest on the walls, ceiling
and floor.

 Elevation sketch (See Figure 9)

The elevation sketch depicts a side, front, or rear of the exterior of a structure
or one of the interior walls in a room used when the vertical, rather than
horizontal plane is of interest. Thus, if bloodstains were present on a wall of
the house, the elevation drawing of the wall would be used to depict this
scene.

Type of Measurements

Triangulation Method
An object is located by drawing two straight lines from two fixed
points creating a triangle; the object is in angle formed by the line.
The triangulation method is useful in an outdoor situation where
there are no easily identified edges of roads or field to use as
reference points. Measurement follows the shape of a triangle.

Coordinate/ Angular method

This method uses two walls in a room as fixed points, from
which distances are measured at right angles. The baseline could be
a wall, or drawn as a mathematical center of a room.

Base line method – A straight line is established from one fixed

point to another fixed point. Using one end of the line as a starting
point, an object can be located by measuring along either side of the
baseline at a right angle to the object.

Compass point method

Evidenc Base line
A protractor is used to measure the angle between two lines.e
One point along a wall is selected as the origin. An axis line
drawn from
the origin is the line from which the angle is measured.

Grid method - Starting at a known permanent reference point at the

scene, a measurement of predetermined increments is marked off horizontally
and vertically. On each horizontal and vertical increment, a line or string is laid
so that the scene resembles many small squares. When a piece of evidence
is found, it is recorded to the nearest increment from the reference point. A
measurement from the increment to the evidence is taken horizontally and
vertically.

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Notes taking

Note taking must be a constant activity throughout the

processing of the crime scene. Prepare a narrative description of the crime
scene and take note of everything that attracted one’s attention. Take down
extensive notes to document important factors. Nothing is insignificant when it
catches one’s attention. This should start once you arrived at the crime scene
until the end of the crime scene examination.
Things to be included in Notes taking

Time and date arrival at the crime scene.

Weather condition
Name of investigator, first responder and time of incident or discovery of the
incident.
Status and detail description of the victim as to body built, height, gender,
age, injuries, estimated time of death, clothing, finger nails and other pertinent
observation made.
Status of suspect if any and their personal circumstances.
Detailed written description of the crime scene with locations of physical
evidence and other pertinent observation noted.
The person who discovered and collected the physical evidence.
How the evidence was packaged and marked.
The disposition of the item when it was collected.
Take note of everything that will help you in preparing a narrative report about
how you process the crime scene.
The time and to whom you release the crime scene.

Crime Scene Search

a. First to be observed before the searching start:

Determine what type of searching patterns is most appropriate to the crime

scene.
Determine the number of searching team and members of the searching
team.
Mark/tags position of physical evidence with designated evidence number.

Type of searching methods

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The quadrant or zone method – In this method, one searcher is assigned to
a quadrant then each quadrant is cut into another set of quadrant.

Strip method – In this method, the area is blocked out in the form of a
rectangular. The searcher proceeds slowly at the same place along path
parallel to one side of the rectangle. When a piece of evidence is found, the
finder announces his discovery and the search must stop until the evidence
has been cared for. At the end of the rectangle, the searcher turns and
proceeds along new lanes.

Grid or double strip method – this method is a modification of strip search

method. Here, the rectangle is traversed first, parallel to the base, then
parallel to the side.

Spiral method – in this method, the searchers follow each other along the
path of a spiral beginning on the outside and spiraling in towards the center or
vice versa.

Wheel method – this method of search, the area is considered to be

approximately circular. The searchers gather at the center and proceed
outward along the radius or spokes. The procedure should be repeated
several times depending on the size of the circle and the number of
searchers.

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 Disadvantages of the wheel search method
Great increase in the area
Possibility of evidence contamination.

8. Collection of Physical Evidence (See Figure 11)

This is accomplished after the search is completed, the rough sketch

finished and photographs taken. Fragile evidence should be collected as they
are found but mark its location and reflect it on the sketch.

Things to consider before the collection of physical evidence start:

Determine what physical evidence to be collected first.

Determine what technique can be used to collect and package physical
evidence found at the crime scene.
Mark and package all physical evidence with complete data needed to identify
the evidence. The case number, evidence number, type of crime if possible,
description or type of evidence, time and date collected and location if
possible, name of the collector with his initial or signature, name of victim,
name of investigator and name of suspect.
All evidence collected should be properly marked and labeled before its
submission to the evidence custodian.
Evidence custodian to prepare an inventory of the evidence recovered and fill-
up the evidence log. (See Figure 12)

Conduct of Final Survey

The crime scene should be surveyed and search for the last time after
collecting all the evidence to ensure that no physical evidence is left behind.
Different type of search method as used in the first search can be applied. A
debriefing as to the completeness of the examination can be conducted with
the examining team.

Release or turn-over of the crime scene (See Figure 2)

Ensure that appropriate inventory of collected evidence has been

made.

Release the crime scene with the notion that there is only one chance to
perform job correctly and completely.
Release is accomplished only after completion of the final search and proper
documentation.

Note: Continuous contact between the investigator and the examiner is much
encourage.

Transmittal of evidence to Crime Laboratory (See Figure 13)

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 Proper handling of physical evidence is necessary to obtain the
maximum possible information upon which scientific examination shall be
based. The chain of custody of evidence must be properly observed at all
times. The following are principles that should be observed in handling all
types of evidence:

The evidence should reach the laboratory in same condition as when it was
found, as much as possible.
The quantity of specimen should be adequate. Even with the best equipment
available, good results cannot be obtained from insufficient specimen.
Keep each specimen separate from others so there will be no intermingling or
mixing of known and unknown materials. Wrap and seal in individual
packages when necessary.
Mark or label each of evidence for positive identification as the evidence taken
from particular location in connection with the crime under investigation.
Submit a known or standard specimen for comparison purposes.
The chain of custody of evidence must be maintained. Any break in this chain
of custody may make the material inadmissible as evidence in court.

Summary

The subject makes the participants more aware on the proper

procedure on how to process a crime scene, the importance of crime scene
preservation, handling and collection of physical evidence. The required
knowledge or information that an investigator should know, how he deals with
different types of crime scene and identify the suspect and bring him before
the court of law. The practical exercises with a crime scene scenario allows
the participants have a hands-on how to apply the lesson learn on the lecture.
Critique and open discussion at the end, allows exchange of views and better
understanding about the lesson. Each group will submit report.

This illustration shows the procedure at the crime scene.

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Figure 1
Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
__________________________
___________________

_________________________
DATE
AFTER SOCO/ CASE/CSI REPORT NR : _

I. AUTHORITY

Telephone Call From (Name)

_____

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 Verbal Instruction Office
___________________ Written Request Through(Name)
_________
Call by Radio Office
__________________________________________

II. TIME & DATE OF DEPARTURE FROM OFFICE:

____________________________________

III. TIME & DATE ARRIVAL AT THE CRIME SCENE:

____________________________________

IV. WHEATHER CONDITION

Fair Sunny Cloudy Rainy

Other, (Specify):
______

V.NATUREOFNCIDENT_
________________________________________________

VI. TIME & DATE OF INCIDENT: _

________________

VII. PLACE OF INCIDENT: _

________________

VIII. VEHICLE USED BY SOCO TEAM

Organic Vehicle Private Vehicle

Other, (Specify):
______

IX. INVESTIGATOR-ON-CASE (RANK/NAME/UNIT ASSIGNMENT/

ADDRESS)

______________________________________
X. DATA OF VICTIM(S) (Use extra sheet if necessary)

VICTIM 1: Name: Height:

Sex: Weight:
Age: Built:
Complexion: Civil Status:
Address: Color of the eye:

VICTIM 1: Name: Height:

Sex: Weight:
Age: Built:
Complexion: Civil Status:
Address Color of the eye:

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XI. IF UNIDENTIFIED, GIVE DESCRIPTIONS

Approximate Age: Complexion:

Height: Attire:
Sex: Built:
Other identifying characteristics:
_______

XII. INFORMATION GATHERED FROM THE CRIME SCENE UPON

ARRIVAL OF THE SOCO TEAM

The Team noted the victim/s position to be

a) hanging
b) lying face down face up
c) kneeling
d) sitting
e) others, (specify)
____

Information gathered from

relative/s
____
witness/es
____
than on or about the victim was
____
(date/time)

a) stabbed d) drowned
b) shot e) other (specify)
____
c) strangled

This prompted to call-up

____
(name of 1st caller) (name of investigator)
who subsequently called up this office for SOCO assistance.

XIII. DESCRIPTION OF THE CRIME SCENE UPON ARRIVAL

Police line has been installed when the SOCO team arrived
No Police line has been installed when the SOCO team arrived
Crime scene appears disturbed and contaminated by

a) suspect/s
b) victim/s

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c) others (specify)
_____

/ / Crime scene appears well secured and preserved by

a) Investigators
b) patrol officers
c) other (specify)
_____

Objects at the crime scene were in disarray

a) chairs
b) tables
c) clothing
d) doors
closed destroyed
open other (specify)
______
e) windows
closed destroyed
open other (specify)
______
f) light/s on off others (specify)
____________

ITEM STOLEN:
______________________________________________________________
_______________
______________________________________________________________
_______________

______________________________________________________________
_______________
XV. DATA OF THE SUSPECT(S) (Use extra sheets if necessary)
SUSPECT 1: Name:Unidentified Height:
Sex: Weight:
Age: Build:
Complexion: Civil Status:
Address:
SUSPECT 2: Name: Height:
Sex: Weight:
Age: Built:
Complexion: Civil Status:
Address:

XVI. IF UNIDENTIFIED, GIVE DESCRIPTIONS

Age: Height:
Complexion: Built:

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 Sex: Attire:
Other identifying characteristics
___

XVII. INJURIES SUSTAINED BY THE VICTIM/S IF ANY (Use extra sheets if

necessary)

VICTIM 1:

VICTIM 2:

XVIII. INJURIES SUSTAINED BY THE SUSPECT/S AND THEIR SPECIFIC

LOCATION (Use extra sheets if necessary)

SUSPECT 1:

SUSPECT 2:

XIX. ALLEGED MOTIVE/S BEHIND THE INCIDENT

Jealousy Unknown
Revenge Others (specify)
________________________

XX. HOW THE INCIDENT HAPPENED/MANNER OF COMMISSION OR

EXECUTION

With the use of blunt instrument

With the use of bladed weapon With the use of
Firearm/s
Others (specify)
__________________

XXI. STATUS OF THE VICTIM/S (use extra sheets if necessary)

VICTIM 1: Wounded
Brought to Hospital for treatment
Brought to Funeral Homes for autopsy

XXII. STATUS OF THE SUSPECT/S (Use extra sheets if necessary)

SUSPECT 1: At large Wounded

Brought to Hospital for
treatment

Others, (specify) ______

SUSPECT 1: At large Wounded

Brought to Hospital for treatment

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 Others, (specify) ______

XXIII. STATUS OF THE CASE

Under investigation by

___________________________________________________________
(investigation and unit/address)

XXIV. TIME & DATE OF DEPARTURE FROM THE CRIME

SCENE:______________________

XXV. TIME & DATE OF ARRIVAL AT THE OFFICE:

__________________________________

XXVI. SOCO TEAM COMPOSITION:

(Ranks/Names) Designations:

XXVII. DISPOSITION OF EVIDENCE COLLECTED:

______________________________________________________________
______________________________________________________________
______________________________________________________________
_________________________________________________________

XXVIII. REMARKS/PROBLEMS ENCOUNTERED DURING SOCO/CSI:

Noted by: Prepared by:

____________________
____________________ Chief of Office
SOCO Team Leader
Figure 2
Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
_____________________________

___________________
Date
RE SOCO/CASE REPORT NR:

SOCO/ CSI COORDINATE SLIP

1. OFFICER-ON–CASE (Rank/Name) :

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 a. Office & Address :

b. Time & Date of Arrival at Crime Scene :

c. Signature :

2. NATURE OF OFFENSE :

a. Time & Date Committed/Discovered :

b. Place of Commission/Incident :

3. RESPONDENG SOCO TEAM :

a. Time & Date of Arrival at Crime Scene :

b. Team Leader :

c. Signature :

4. RELEASE OF CRIME SCENE :

a. Time & Date Release :

b. To Whom Crime Scene Release :

c. Office & Address :

d. Signature :

5. WITNESSES (Name/Address/Signature)

Signature over Printed Name Address

a.

b.

c.

____________________________
________________________________
Officer-on -Case SOCO Team Leader

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Figure 3
Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
____________________________
____________________
_____________________
Date

SOCO/CASE REPORT NR: ______________

SCENE OF CRIME EXAMINATION WORKSHEET

SPECIMEN ENTRIES-PHOTOGRAPHS TAKEN

FRAME SHUTTER
APERTURE SUBJECT LIGHTING REMARKS
NR SPEED

USE EXTRA SHEET FORM IF NECESSARY

CAMERA USED: FILM TYPE:

LENS USED: FLASH UNIT:
DEVELOPING TIME: DEVELOPED BY:
FIX TIME: LACATION:
PRINT PAPER: DATE & TIME:
COMMENTS

TIME BESTARTED:
PHOTOGRAPHER: TIME ENDED:
INCIDENT: WHEATHER CONDITION:
OFFICER ON CASE: LIGHTNING CONDITION:
REQUESTING PARTY: DISPOSITION:
PLACE OF INIDENT:

Prepared by: Certified Correct by: Noted by:

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 Photographer SOCO Team Leader Chief
of Office

Figure 4

Republic of the Philippines

Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
____________________________

ROUGH SKETCH

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Figure 5
Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
____________________________
____________________

FINISH SKETCH

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51
Figure 6
Republic of the Philippines

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52
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
____________________________
____________________

NEIGHBORHOOD/ LOCATION SKETCH

Note: NOT TO SCALE

TITLE BLOCK
Nature of Case:
Requesting Party:
Victim/s:
Officer on Case:
Date & Time Sketched:
Place of Incident:
Weather Condition:
Sketched by:
Witnesses: 1.
2.
Remarks:

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53
Figure 7
Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
____________________________

SKETCH DETAILS AND MEASUREMENT

Floor Plan Sketch N

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54
TITLE BLOCK
Nature of Case:
Requesting Party:
Victim/s:
Officer on Case:
Date & Time Sketched:
Place of Incident:
Weather Condition:
Sketched by:
Witnesses: 1.
2.
Remarks:

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Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
____________________________
____________________

SKETCH DETAILS AND MEASUREMENT

N

Floor Plan Sketch

TITLE BLOCK
Nature of Case:
Requesting Party:
Victim/s:
Officer on Case:
Date & Time Sketched:
Place of Incident:
Weather Condition:
Sketched by:
Witnesses: 1.
2.

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56
 Remarks:

Figure 8
Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
____________________________
____________________

SKETCH DETAILS AND MEASUREMENT

CROSS PROJECTION/EXPLODED SKETCH

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57
Figure 9
Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
____________________________
____________________

SKETCH DETAILS AND MEASUREMENT

N

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58
Elevation Sketch

TITLE BLOCK
Nature of Case:
Requesting Party:
Victim/s:
Officer on Case:
Date & Time Sketched:
Place of Incident:
Weather Condition:
Sketched by:
Witnesses: 1.
2.
Remarks:

Figure 10
Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
________________________
___________________

___________________
Date
SOCO/CASE REPORT NR:

PERSON PRESENT AT THE CRIME SCENE

Note: Please include the middle name of the person.

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 REASON/S TO BE
REMARKS
NAME DATE / TIME AT
(ADDRESS)
CRIME SCENE

Prepared by: Certified Correct by: Noted by:

____________________ _______________________
___________________
Recorder SOCO Team Leader Chief
of Office

Figure 11
Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE

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_______________________________
________________________

___________________
Date

SOCO/CASE REPORT NR: ____

EVIDENCE LOG

DESCRIPTION
SPECIFI SIGNA-
OF COLLECTED TIME
QTY C REMARK/S TURE OF
SPECIMEN BY COLLECTED
PLACE SEARCHER
COLLECTED

Prepared by: Certified Correct by: Noted by:

____________________ _______________________
___________________
Evidence Custodian SOCO Team Leader Chief
of Office

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Figure 12
Republic of the Philippines
Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
_______________________
___________________

INVENTORY OF EVIDENCE COLLECTED

SOCO Case Number:

Time and Date of Inventory;
Facts of the Case:

Nature of the Case:

Victim/s or Complainant:
Suspect/s:
Place of Incident:

Evidence Collected at the Crime Scene:

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

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CONCURRED: PREPARED BY:

________________________________
_____________________________
Investigator-on-Case Evidence Custodian

WITNESSES:

Signature Over Printed Name Address

_________________________________
____________________________

_________________________________
____________________________

Figure 13

Republic of the Philippines

Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
_________________________________
__________________________

FOR : Chief, Regional Crime Laboratory Office _____

Attn: ____________________

SUBJECT : Laboratory Examination

DATE :

1. Reference/s:

2. Facts of the case:

SOCO Case Number: _______

Nature of the Case: _________

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Victim/s or Complainant: ___________
Time & Date of Incident: ______________________
Place of Incident: _________________________________

3. In connection with the above reference, submitted are the following

evidence collected from the crime scene for appropriate laboratory
examination:

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

CHAPTER 4
Filing of Cases and
Documentary Requirements

STEPS IN FILING A LEGAL CASE (PHILIPPINES)

Letter to an Attorney

Dear Attorney,

I am writing to seek your advice regarding the general process of filing a legal
case in the Philippines. As someone unfamiliar with the intricacies of the legal
system, I hope you could provide me with a comprehensive explanation of the
steps involved, the necessary documentation, and the procedural
requirements. Specifically, I am interested in understanding the proper
channels, timelines, and any prerequisites before initiating a case.
Your expert guidance would be greatly appreciated, as I wish to ensure that
the process is undertaken properly and in compliance with the applicable
laws.
Thank you for your assistance.
Sincerely,

A Concerned Citizen

 Filing a Legal Case in the Philippines: A Comprehensive Guide

Filing a legal case in the Philippines involves adherence to the procedural
rules and substantive laws established under the Rules of Court and other
relevant statutes. The process varies depending on the nature of the case—
whether it is civil, criminal, or administrative. Below is a detailed exploration of
the general steps and considerations involved in initiating a case, applicable
across various jurisdictions in the country.

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1. PRELIMINARY CONCIDERATIONS

Before filing a case, several key factors must be evaluated:

A. Determining Jurisdiction

The first step in filing a case is determining the proper court or quasi-judicial
body with jurisdiction over the matter. Jurisdiction pertains to the authority of
the court to hear and decide the case, and it is generally classified into:
Subject Matter Jurisdiction: Determined by the nature of the case (e.g., civil,
criminal, administrative).

Territorial Jurisdiction: Dictated by the location of the parties or the subject

matter.
Monetary Jurisdiction: Relevant in civil cases, this determines whether the
case should be filed in the Municipal Trial Court, Regional Trial Court, or other
adjudicatory bodies.

B. Legal Standing

A party filing the case must demonstrate locus standi, meaning a direct and
substantial interest in the outcome of the case. Without legal standing, the
case may be dismissed outright.

C. Alternative Dispute Resolution (ADR)

For certain types of cases, Philippine law mandates the exhaustion of ADR
mechanisms such as mediation, conciliation, or arbitration before proceeding
to court. This is particularly common in disputes involving family, labor, and
commercial matters.

D. Statute of Limitations

Claims must be filed within the prescriptive period provided by law. For
example:

 Civil actions typically prescribe within 10 years if based on a written

contract.
Criminal actions may prescribe in as little as one year for minor offenses,
or not at all for serious crimes such as murder.

2. FILING A CIVIL CASE

Civil cases are initiated when a person seeks enforcement of a right, recovery
of damages, or resolution of disputes. The steps are as follows:

A. Prepare the Complaint

A Complaint must clearly state:

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 The legal basis of the claim.
 A detailed narration of facts.

The relief sought (e.g., damages, specific performance).

The verification and certification against forum shopping.

B. File the Complaint in the Proper Court

The Complaint, together with the required filing fees, must be filed in the
appropriate court. Filing fees are assessed based on the nature and monetary
value of the claim.

C. Service of Summons

The court issues a Summons to notify the defendant of the complaint. This
ensures due process, allowing the defendant an opportunity to respond.

D. Answer or Responsive Pleading

The defendant files an Answer, addressing the allegations in the Complaint

and raising any affirmative defenses or counterclaims.

E. Pre-Trial Conference

This stage involves the following:

 Defining and simplifying the issues.

 Exploring settlement options.
 Submission of a pre-trial brief by both parties

F. Trial Proper

If settlement fails, the case proceeds to trial, where evidence is presented,

witnesses are examined, and arguments are made.

G. Judgment and Execution

The court issues a judgment after the trial. If no appeal is made within the
prescribed period, the judgment becomes final and executory.

3. FILING A CRMINAL CASE

Criminal cases involve prosecution for violations of penal laws. The process
includes:

A. Filing a Complaint with the Prosecutor

The complainant must submit a Complaint-Affidavit containing the details of

the alleged crime, supported by affidavits of witnesses and evidence.

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B. Preliminary Investigation

The prosecutor conducts a preliminary investigation to determine if there is

probable cause to file charges in court.

C. Filing an Information

If probable cause exists, the prosecutor files an Information with the trial court,
formally charging the accused.

D. Arraignment and Pre-Trial

The accused is arraigned, and the court sets a pre-trial conference to identify
issues and explore plea bargaining.

E. Trial and Sentencing

The trial involves the presentation of evidence, cross-examination of

witnesses, and legal arguments. A conviction or acquittal is issued based on
the evidence.

4. ADMINIATRATIVE CASES

Administrative cases, often filed before quasi-judicial bodies, follow a

simplified process:

 Submission of a Complaint or Petition.

 Service of Notice to Respondents.
 Administrative investigation or hearing.
 Resolution by the adjudicatory body.

5. Special Cases: Small Claims

Small claims cases are designed for simplicity and speed, eliminating the
need for lawyers and relying on mediation as a primary resolution mechanism.
However, strict adherence to procedural rules is required.

6. Practical Tips for Filing a Case

a. Gather Evidence: Ensure all documentary and testimonial evidence is

complete and admissible.
b. Consult an Attorney: While self-representation is allowed in some cases,
legal representation is strongly recommended.
c. Comply with Deadlines: Failure to meet procedural deadlines can result in
dismissal.
d. Understand Costs: Litigation can be expensive; be prepared for filing fees,
attorney’s fees, and incidental expenses.

7. Relevant Laws and References

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Key laws and rules governing case filing include:

 Rules of Court: Procedural rules for litigation.

 Revised Penal Code: Basis for criminal prosecutions.
 Civil Code: Governs obligations and contracts.
 Special Laws: Such as labor and family codes for specialized cases.

CHAPTER 5
Introduction to Interview and Interrogation
(Principles and Techniques of Interview and Interrogation)

THE ART OF OBTAINING INFORMATION

LEARNING OBJECTIVES:

At the end of the topic, you are expected to have:

1. Define Interview
2. Analyze the Golden Rule of Interview.
3. Interpret the Qualities of Good Interviewer.
4. Analyze the Reasons why Witnesses Refuse to Talk and Testify.
5. Simulate the Conduct of Interview.
6. Apply the Rules in Questioning.
7. Analyze the Types of Witnesses According to their Attitude

INTERVIEW
 It is the questioning of a person believed to possess information
which is relevant to the investigation of a crime or on criminal
activities.

COGNITIVE INTERVIEW

 It is a form or technique in the conduct of interview upon willing and

cooperative witnesses, where they are given the full opportunity to narrate
their accounts without intervention, interruption and inference
from the interviewer. After narration, the subject will be subjected to direct
examination and cross examination, to clarify the unexplained portion to
arrive at a clear and complete picture of the testimony. Leading questions
greatly helps the investigator to obtain the full and desired information.

THE GOLDEN RULE OF INTERVIEW

“Never conduct or let anyone conduct an interview if the interviewer

has not gone to the crime scene. The questioning should be in
agreement with the facts and conditions at the crime scene. The questioning
will lead wayward for the interviewer who had not seen personally the crime

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scene and he will not be in a position to distinguish half-truths,
exaggerations or falsehood from the answers of the person being
interviewed.”

What is an Investigative Interview?

Interview is defined as a structured conversation where one person or

the "interviewer" seeks to gather information from another or the
"interviewee" as part of any investigation or intelligence operation.
The objective is to obtain accurate and reliable information while
respecting human rights; eliciting facts is the aim, not a confession. In the
process of interviewing suspects there is the added potential goal of obtaining
an admission of guilt or a confession. However, this must not be the primary
or sole purpose of the interview as even a confession must be substantiated
by information and evidence. This will reduce the likelihood of a false
confession and will also enable officers to present a stronger case against the
suspect, should a confession later be retracted.

Investigative interviewing, is a technique developed by

practitioners to respond to the large body of scientific evidence that abusive
and coercive techniques elicit unreliable information. It
uses building rapport with the and also improves the collection and reliability
of information. It is a non-coercive approach using open questions to improve
the flow of communication and information

Goals of Investigative Interview

1. Eliciting more accurate and reliable information during interviews.

2. Strengthening the capacity, efficiency, and professionalism of interviewers.

3. Eliminating reliance on unlawful, ineffective, and counterproductive

coercive questioning techniques.

4. Providing successful, affordable, and accessible methods and practices

with minimal resources.

5. Delivering more effective information-gathering operations.

6. Fostering greater public trust in and cooperation with criminal justice

institutions

7. Ensuring that no person is subjected to coercion, torture or other forms of ill

treatment.

8. Protecting the physical and mental integrity of all persons who interact with
public authorities.

1. Rapport – it is the development of intimacy between the

interviewer and the interviewee.

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> It is winning the confidence of a person being interviewed in
> The interviewer must be in respectable civilian attire because many
thinks that uniform is intimidating

2. Forceful Personality
The appearance of the interviewee and other qualities such as skills of
communication techniques and the force of his language are the
mainstays ofthe strength of his character.

3. Knowledge of Human Behavior

The ability of the interviewer to determine the personality and
intelligence of his subject. He must go down and up to the level of
understanding of his particular subject – the interviewee.

4. Conversational Tone of Voice

His tone of voice must be conversational, not confrontational as in
interrogation.

5. Common Interest

His preliminary probing questions should be aimed to establish common

interest between him and the subject.

6. Acting Qualities
He must possess the qualities of an actor, salesman, and psychologist and
know how to use the power of persuasion.

7. Humility
He must be courteous, sympathetic and humble, ready to ask apologies for
the inconvenience of the interview.

Reasons Why Witnesses Refuse to Talk and Testify

1. Fear of Reprisal
> It is always entertained by witnesses who lack the courage to
face the suspect, his company or relatives.
> This is natural for witnesses who have no means to protect
themselves or no influential person to rely on.
> The investigator’s power of persuasion plays a vital role.

2. Great Inconvenience
The ordeal of testifying in court is an inconvenience on the part hands-
to-mouth and to the unemployed.

3. Hatred against the Police

This hatred maybe due to previous bad experience with rogue
members of the police organization.

4. Bias of the Witness

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 The witness maybe an acquaintance, friend, helper, or benefactor of
the suspect.

6. Avoidance of Publicity

There are witnesses who are shy and they shun publicity that will bring them
discomfort to their ordinary obscure way of living.

7. Family Restriction
Some famous and respected families preserve their reputations by instilling to
their members the need of approval of their elders on matters affecting their
families.

8. Bigotry
Religious or racial, tribal or ethnic indifference.

9. Cultist Indoctrination
Some cults or religious denominations exercise religious or moral
influence on the decision of witnesses to testify. It would be more apparent
when the witness and the suspect belong to the same cult.

Common Techniques to Convince Witnesses to Talk and Testify

Many of these witnesses want that they will not be utilized as formal
witnesses but to remain anonymous. The investigator must initially agree that
the testimonies be given the shroud of confidentiality. After the full disclosure
of the information, the investigator then persuades these witnesses to be
utilized as formal witnesses especially when there is the necessity of the
testimonial evidence. The power of persuasion plays a key role.

Stages of Handling the Interview

1. Preparation
The investigator should review the facts at the crime scene and
information from other source in order that he would be ready for the
questioning
A background data of the subject should be available so that he could adapt
himself to the kind of approach to be employed.

2. Approach
The investigator must carefully select his kind of approach, which
maybe a single kind, a combination of two or the application of all the
techniques.

3. Warming Up
This is being done by preliminary or exploratory questions to clear the
atmosphere, promote a conducive ground for cordiality, respect, and trust
for each other.

4. Cognitive Interview

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 The subject is now asked to narrate his account without
interruption, intervention or inference.

Rules in Questioning

1. One Question at a Time

Avoid multiple, complex and legalistic questions. One question at a
time is desired

2. Avoid Implied Answers

The nod of the head or any other body language as a response to the
question should be avoided. The answer must be oral, clear, explicit and
responsive to the questions

3. Simplicity of Questions
A short simple question at a time is required. Avoid legalistic
questions

4. Saving Faces
Embarrassing questions on the subject on matters of
exaggeration or honest errors about time, distance and description can be
avoided if the investigator will cooperate with subject to “save his face.”

5. Yes and No Answers

Do not ask questions which could be answered by YES or NO. It will
curtail the complete flow of information and will lead to inaccuracy.

Types of Witnesses According to their Attitude

1. Know-Nothing Type
These are the reluctant types of witnesses. They are among the
uneducated and of low level of intelligence.
2. Disinterested Type
This is the uncooperative and indifferent subject. Their
indifference should be demolished to arouse their interest or be flattered.
3. The Drunken Type
The style of questioning by the investigator should be adapted to the
psychology of the subject. When the drunken subject sobered,
another interview will be conducted, confronting him about his
disclosures while in the state of drunkenness. Written statement must be
taken during his sobriety.

4. Suspicious Type
` These types of witnesses are suspicious about the motive and the
investigator. The barrier of the suspicious may be removed by sincere
explanations or psychological pressure.

5. Talkative Type

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 These are witnesses who are prone to exaggerate, addmg irrelevant or
new matters to their narrations. The skillful investigator could prune the
unnecessary matters from relevant ones.

6. Honest winesses
These are truthful and cooperative witnesses where investigator could
rely upon. with little or no problem in handling them.

7. Deceitful Witness
These are liar type of witnesses. Let them lie and order them to repeat
several times their narrations. They will be enmeshed in contradictions.

8. Timid Witness
They are the shy-type of witnesses. The approach must be friendiy and
reassuring confidentiality of their information.

9. Boasting. Egoistic, or Egocentric Witnesses

They will be good witnesses because of their ability of expressing their
accounts of the commission of the crime. They are susceptible to add color or
importance in their role as witnesses, probably under-rating the accounts
ofothers.

10. Refusal to Talk Witnesses

These are the most difficult subjects to deal with. The causes maybe
actions of trauma, shock, fear, hatred, and others.

Statement Analysis
All complaints and testitonies of witnesses are subjected to the crucible of
truth Utmost care must be exercised before concluding the culpability of the
suspect.

Complaints and Testimonies be Reduced to Writing

Complaints and testimonies shall be reduced to writing in the form of

Questions and Answers - never use an affidavit form Complaints and
testimonies must be placed under oath before an officer authorized to
administer oath.

INTERROGATION

LEARNING OBJECTIVES:
At the end of the topic, you are expected to:
a) Define and analyze Interrogation.
b) Differentiate Confession from Admission
c) Differentiate Extra-Judicial Confession from Judicial Confession
d) Analyze the impact of the Miranda Doctrine in Criminal investigation
e) Model the Techniques of Interogation
f) Discuss RAs 7438, 9745 and the Constitutional Right of the Person under
Custodial Investigation (Article III, Section 12 of the 1987 Philippine
Constitution.)

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 INTERROGATION defined - is the skillfil questioning of a hostile person
suspecting of having committed an offense or of a person who is reluctant
to make a full disclosure of information in bis possession which is
pertinent to the investigation

 CUSTODIAL INTERROGATION - it denotes the investigation conducted

by the investigator on the suspect who is under his custody.

 GOLDEN RULE OF INTERROGATION

"Make him admit something no matter how small or trivial. Usually, the
first admission will lead to another. In securing the first admission is the
biggest stumbling block in dealing with tough suspects.”

Purposes of Interrogation:

a. On the part of the suspect, it is to extract confession or admission.

b. On the part of the uncooperative or unwilling witness, it is to extract the

information he possesses.

The Techniques of Interrogation:

a. Emotional Appeal – this is a technique where the investigator, combining

his skills in ofan actor and a psychologist, addresses the suspect with an
emotional appeal to confess. This is applicable to first time offenders or those
who are of the emotional type of characteristics displayed by nervousness or
emotional disturbances. Devotees of a religious may belong to this type

b. Sympathetic Approach - The inestigator on his preliminary probing

questions must dig deep into the past troubles, plight and unfortunate
events in the life of the suspect. An offer of help, kindness, friendliness, may
win his cooperation.

c. Friendliness – a friendly approach coupled with postures of sincerity may

induce the suspect to confess.

d. Tricks and Bluffs:

(1) The Pretense of Solid Evidence against the Accused – the

investigator bluffs the suspects that even if he will not confess, there is
enough evidence to send him to jail. If he confesses, the investigator will see
to it that his prison term will be within the range of probation.

(2) The Weakest Link – among the suspects, there must be a careful
selection as to who among them is the weakest link where the interrogation
will begin. By tricks and bluffs, this weakest link will be told that his
companions had already confessed. That this weakest link had dealt the fatal
blow or that he received the lion share of the loot in order to intrigued him.

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 (3) Drama – the weakest link used to fake pain and the agony by
ordering him to shout, accompanied by banging a chair on the wall to make it
appear that a commotion is going on. The other suspect in separate rooms
must hear the DRAMA before telling them that their partner had confessed.

(4) Feigning Contact with Family Members – the suspect could be

tricked that the investigator had gone to the residence and the family
members had supplied facts against the suspect. The suspect’s family
will be dragged into the investigation if the suspect will not confess.

(5) More Tricks and Bluffs – depending upon the imagination of the
investigator in each particular situation.

(6) The Line-up – the complainant, witness or victim is requested to

point positively the suspect who is among persons in the police line-up. The
witnesses, victims or complainant are previously coached about the
identity of the suspect

(7) Reverse Line-up – the suspect is placed among other persons in a

line up and he is identified by several complainant and witnesses who will
associate the suspect in other several crimes. This will cause the suspect to
become desperate and confess only to the case under investigation, to avoid
from being charged on false accusations.

e. Stern Approach
– the investigator displays a stern personality towards the suspect by using
the following method:

1. Pretense of Physical Evidence – it is the pretense of laboratory or

scientific findings pointing to the suspect

2. Jolting – in the questioning process, the investigator selects the

right moment to shout a pertinent question in an apparent righteous outrage.
The suspect’s nerves will break to a confession.

3. Indifference – the presence of the suspect, the investigator will

discuss and debate about the string evidence of the case that will result
to conviction of maximum penalty. Their aim is to induce the suspect to
confess by conditioning his mind that he is finally cornered with no other
recourse but to confess.

4. Feigning Protection and Consideration – the investigator asks

series of questions appearing to be formalities with the impression that he
knows the answers. That these questions are asked as matters of
considerations of the rights, protection and advantage of the suspect.

5. Opportunity to Lie - the suspect is given all the opportunities to lie.

The suspect is questioned about his personal life and family and friends and

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75
his knowledge about the commission of the crime. This is repeated many
times.

[Link] Mutt and Jeff or Sweet and Sour Method

– the first set of investigators must appear to be rough, mean and
dangerous. When they had finished the interrogation, the second
investigator By being sympathetic and understanding he begins his
interrogation. If the suspect still refuses to cooperate, then the process is
repeated until there is confession.

[Link] the Ethnic or Cultural Barrier - If the suspect is an Ilocano, he

should be interrogated by an Ilocano investigator and the same with other
ethnic or cultural groups.

[Link] for the Soft Spot - in every man's heart there is always that
softest spot. That spots maybe the youngest child, the wife, the mother. the
brother who acted as his father, the grandparents or the best friend. Once
discovered there must be a face-to-face meeting with that person and that
heart of steel will melt to pieces.

Additional Modern Techniques:

(a) Rationalization – it is the use of reasons, which is acceptable

to the subject that led to the commission of the crime.
(b) Projection – it is the process of putting the blame to other person,
not alone to the suspect.
(c) Minimization – it is the act of minimizing the culpability of
the suspect. The investigator convinces the suspect that a
confession will reduce the offense and the penalty.

Physical Signs of Deceptions:

(a) Sweating
(b) Color Change
(c) Dry Mouth
(d) Breathing
(e) Pulse
(f) Avoidance of Direct Eye Contact

LAWS RELEVANT TO INTERVIEW AND INTERROGATION

LEARNING OBJECTIVES:

At the end of the topic, you are expected to:

a. Know the laws and constitutional requirements in the
conduct of interview and interrogation.

b. Interpret the salient provisions of the laws under RA 7438, RA 9745,

and Articles III, Sections 17, 20, & 12 of the 1935, 1973, and 1987
Philippine Constitution.

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“It provides that “In all criminal proceedings, the accused shall…enjoy the
right to be heard by himself and counsel. ”

1973 Philippine Constitution, Article III, Section 20.

It states that, “No person shall be compelled to be a witness against
himself” That any person under investigation for the commission of an
offense shall have the right to remain silent and to counsel, and to be
informed of such right. No force, intimidation, or any means, which vitiate
the free will, shall be used against him. Any confession obtained in violation of
the right shall be inadmissible as evidence.

1987 Philippine Constitution, Article III, Section 12 (1)

It states that, “Any person under investigation for the commission of an
offense shall have the right to be informed of his rights to remain silent and to
have a competent and independent counsel preferably of his choice. If
the person cannot afford the services of a counsel, he must be provided with
one. These rights cannot be waived EXCEPT in writing, signed and in the
presence of a counsel

CHAPTER 6
Legal Aspects: Confession, Admission, Deposition

Witness- A person who sees an event, typically a crime or

accident, take place.

General rule. — The opinion of witness is not admissible, except as

indicated in the following sections (Section 48, Rule 130).
1. Opinion of expert witness. — The opinion of a witness on a matter
requiring special knowledge, skill, experience or training which he shown
to possess, may be received in evidence (Section 49, Rule 130).
2. Opinion of ordinary witnesses . — The opinion of a witness for
which proper basis is given, may be received in evidence regarding: (a)
the identity of a person about whom he has adequate knowledge; (b) A
handwriting with which he has sufficient familiarity; and (c)The mental
sanity of a person with whom he is sufficiently acquainted. The
witness may also testify on his impressions of the emotion, behavior,
condition or appearance of a person (Section 50, Rule 130).

Witness
1. Qualification of Witnesses. All persons who can perceive, and
perceiving, can make their known perception to others, may be witnesses.
Religious or political belief, interest in the outcome of the case, or

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conviction of a crime unless otherwise provided by law, shall not be ground
for disqualification (Section 20, Rue 130).
2. Disqualification by reason of mental incapacity or
immaturity. — The following persons cannot be witnesses: (a) Those
whose mental condition, at the time of their production for
examination, is such that they are incapable of intelligently making
known their perception to others; (b) Children whose mental maturity is
such as to render them incapable of perceiving the facts respecting which
they are examined and of relating them truthfully (Section 21, Rule 130).

Victim- a person harmed, injured, or killed as a result of a crime,

accident, or other event or action physically or mental injury,
emotional suffering and economic loss.
-
Admission refers to an act, declaration or omission of a party as to a
relevant fact which may be given in evidence against him.

Confession refers to the declaration of an accused acknowledging his

guilt of the offense charged, or of any offense necessarily included
therein, which may be given in evidence against him.

Confession Admission
a. acknowledges the guilt of a person a. a mere acknowledgment of an
that he is the one who committed the accused that he may be in the crime
offense. scene but not the one who committed the
offense.
b. the most reasonable evidence for b. may not accept the liability for such
prosecuting a case because no person crime and may invoke defenses to sway
would probably admit his guilt that he the fault
was the one who committed the offense if it
was not really true at all.
c. such admission may be used as
evidence against him during the trial of
the case.

Two Kinds of Confession

Judicial Confession Extra-Judicial Confession

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 a. made before the court of justice a. made out of court
especially during arraignment b. one is during custodial
when an accused is asked by the investigation when the accused is
judge whether he is guilty or not of brought before the law enforcers for
the crime charged an interrogation.

Extra-judicial confession to be admissible

must be:

a. voluntary
b. made with the assistance of a
competent and independent
counsel
c. express, and
d. in writing

An extrajudicial confession , where admissible, must be corroborated by

evidence of corpus delicti in order to sustain a finding of guilt. In this
connection, extrajudicial confessions are presumed voluntary until the
contrary is proved. (G.R. No. 216064, November 07, 2016. PEOPLE
OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO DACANAY Y
TUMALABCAB, Accused-Appellant.

Rules in Confession
a. Confession need not to be in writing
b. Confession may be written in a language which the accused does not
speak
c. Confession must be freely and voluntarily made

Voluntarily – means that the accused speak of his free will and
accord, without inducement of any kind and with the full and complete
knowledge of the nature and consequences of the confession.

Freely- when the speaking is so free from the influence affecting the
will of the accused at the same time the confession was made.

Suspect-is a person who is believed to have committed a crime, but has

not yet been found guilty. If a suspect received an arrest warrant they
might then be identified as a defendant and after the suspect was
convicted or found guilty, they would be called an offender.

Scientific Methods of Identification

Aspects of identification Requiring Scientific Knowledge:
1. Fingerprinting
2. Dental Identification
3. Handwriting
4. Identification of Skeleton
5. Determination of Sex

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6. Determination of Age
7. Identification of Blood and Blood Stains
8. Identification of Hair and Fibers
9. Deoxyribonucleic Acid (DNA)

Two General Types of Suspect Identification

The two general types of suspect identification are:
1. Positive Identification . This uses information that identity an
individual beyond question and is legally acceptable as pertaining to and
originating from a
particular
individual.
Examples:
a Information developed after comparing questioned with inked
fingerprints. b Result of DNA analysis of blood and semen
2. Tracing Identification . This involves the use of all other
information that maybe indicative of the personal identity of individual.
Examples:
a Description of witness as to the appearance of culprits
b Information about the presence of a suspect’s personal belonging at
the crime scene (Solis, 1987, cited by Vicente, Eduardo, Catalino, Estoque,
Vicente, 2016 p. 118).

Basic Types of Identifying Suspects

1. Line – Up. Victim or witness is shown several possible suspects at
the police office for purposes of identification of an uncounseled accused
made in a police line- up is inadmissible.
2. Show – Up. Only one suspect is shown to the witness or victim
usually at the scene of the crime and made immediately following the arrest
of the suspects. Take note that if the suspect is not immediately
arrested, his right to counsel is indispensable.
3. Photographic Identification. This is called rogue’s gallery,
wherein photographs of police characters are shown to the victim to assist
him/her to identify the suspect.
4. Obtaining Physical Samples from Suspect. Physical sample like
blood, urine, fingerprints, etc. Is taken from the suspect. In this case,
suspect has no right to counsel as there is no custodial investigation going
on yet (Bermas, 2003 p.19)

MIRANDA DOCTRINE

MIRANDA versus STATE of ARIZONA

Decided: June13, 1966
On March 13, 1966, Ernesto Miranda was arrested for
kidnapping and rape. At the trial, the police officers admitted that
Miranda was not advised of his rights to silence and to counsel. The
confession of Miranda was admitted into evidence over objection of the
defense counsel. Miranda was found guilty and sentenced from 20 to 30
years imprisonment.

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 On appeal, the Supreme Court of Arizona held that Miranda’s
constitutional rights were not violated in obtaining the confession and affirmed
the conviction. In reaching its decision, Arizona Supreme Court stressed the
fact that Miranda had not specifically requested counsel and therefore the
doctrine in the Escobedo did not apply.

Miranda appealed to the U.S Supreme Court and in a 4 – 5

decision, the Court reversed the conviction and held that prior to
INTERROGATION the person must be informed in clear and
unequivocal terms that he has the right to remain silent and to counsel; that
should be he choose to speak, any statement he makes may be used in
evidence against him, and that should he choose counsel, it should be
provided him

Before the adoption of the 1973 Constitution, our Supreme Court rejected the
application of the Escobedo and Miranda Rules in this jurisdiction through the
case People of the Philippines vs Jose L 28232. February 6, 1971, 37 SCRA
451, which is popularly known as the Maggie de la Riva Rape Case. Both the
1973 and 1987 Constitution adding stricter provisions as cited above.

The 1935 Constitution, Article III Bill of Rights, Section 1, para 17-provides. "In
all criminal prosecutions the accused shall enjoy the right to be heard by
himself and counsel." However, the term criminal prosecution was interpreted
by court, in U.S versus Beechman 23. Phil. 25 (1812) to mean proceedings
before the trial court from arraignment to rendition of judgment.

Guidelines on Custodial Investigation

According to the PNP Operational Procedures Manual (2011), the
duties of the Police during custodial investigation are as follows:

1. The arresting officer, or the investigator, as the case may be, shall ensure
that a person arrested, detained or under custodial investigation shall, at all
times, be assisted by counsel, preferably of his own choice (PNP, 2011, p33);

2. The arresting officer, of or the investigator, as the case may be, must
inform the person arrested, detained or under custodial investigation of the
following rights under the Miranda Doctrine in a language or dialect known to
and understood by him (PN, 2011, p. 33):

a. That he has the right to remain silent;

b. That ifhe waives his right to remain silent, anything he says can be used in
evidence against him in court,
c. That he has the right to counsel ofhis own choice:
d. That, if he cannot afford one, he shall be provided with an independent and
competent counsel; and a. That he has the right to be informed of such rights.

3. It the person arrested. detained or under custodial investigation opted to

give a sworn statement, the arresting officer, or the investigator, as the case
may be, must reduce it in writing (PNP. 2011, p.34).

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4. The arresting officer must ensure that, before the sworn statement is
signed, or thumb marked if there is inability to read and write, the document
shall be read and adequately explained to the person arrested, detained or
under custodial investigation by his counsel of his choice, or by the assisting
counsel provided to him, in the language known to him.

5. The arresting officer, or investigator as the case may be, must ensure that
any extrajudicial confession made by a person arrested, detained or under
custodial investigation shall be:

a. in writing;
b. Signed by such person in the presence of his counsel, or
c. In the latter's absence, upon a valid waiver, and in the presence of any
parents, elder brothers and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, priest, imam or religious minister
chosen by him

It is important to note that failure of the arresting officer or the

investigator to observe the above-mentioned procedures sball render
the extrajudicial confession inadmissible as evidence in any proceeding.

6. The arresting officer, or the investigator as the case may be, must, under
established regulations allow the person arrested, detained, or under
custodial investigation visits by or conferences with the following; a any
member of his immediate family b. any medical doctor; c. priest, imam or
religious minister chosen by him or by any member of his immediate family or
by his counsel, or by any Local Non-Governmental Organization NGO) duly
accredited by the Commission on Human Rights (CHR or by any international
NGO duly accredited by the Office of President

7. After interrogation, a person under custodial investigation shall have the

right to be informed of his right to demand physical examination by an
independent and competent doctor of his own choice. If he cannot afford the
services of a doctor of his own choice, he shall be provided by the State with
a competent and independent doctor to conduct physical examination. If the
person arrested is female, she shall be attended to preferably by a female
doctor.

The physical examination of the person under custodial investigation

shall be contained in a medical report, which shall be attached to the custodial
investigation report.

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 REFERENCES

Professional Regulation Commission. (2022). Adoption and promulgation of the revised tables
of specifications for the subjects in the licensure examination for criminologists (Resolution
No. 05, Series of 2022).

Professional Regulation Commission. (2022). Adoption and promulgation of the revised tables
of specifications for the subjects in the licensure examination for criminologists (Resolution
No. 05, Series of 2022).

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