Crime Detection and Investigation PDF

**CRIME DETECTION** **AND** **INVESTIGATION** **FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE** **Investigation in general** the act or process of investigating or the condition being investigated. It also refers to a search or inquiry for ascertaining facts, detailed or careful exami...

**CRIME DETECTION** **AND** **INVESTIGATION** **FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE** **Investigation in general** the act or process of investigating or the condition being investigated. It also refers to a search or inquiry for ascertaining facts, detailed or careful examination. An investigator is someone who carries out investigations **Criminal investigation** It is the systematic method of inquiry that is more a science than an art. The logic of scientific method must however, be supplemented by the investigator\'s initiative and resourcefulness. The sequences of the investigation should be regarded by a 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 **Characteristic of a Good Investigator** - Good Communication - Active Listener - Critical Thinking - Work under Pressure - Critical Thinking - Innovativeness - Integrity - Knowledge about rules on Evidence **Phase/Objective/Goal of Criminal Investigation** - Identify the suspected person - Locate the suspected person - provide evidence of his guilt **Elements of Crime in Criminal Investigation** - Motive- what induces the person to act - Intent- the result or accomplishment of the act. - Opportunity- the physical possibility that the suspect could have committed the crime. motive is not the element of a crime it is applicable only if there is doubt in the identity of a perpetrator under RPC Motive is immaterial and does not preclude conviction, but for the purpose of attaining the objective of the CI, it is relevant. **Due Process of Law** - it hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. **Substantive Due Process** - It requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty, or property - Laws - Bill of rights - Miranda Doctrine 1966 -- Miranda vs. Arizona. Established the rights of a person under custodial Investigation. Failure to inform the rights of a person. - Statutory right - It must be noted that the elements of every crime should be considered as they will guide investigators regarding the proper charge that should be brought before the prosecution office. **Procedural Due Process** - It consists of the two basic rights of notice and hearing, as well as the guarantee of being heard by an impartial and competent tribunal Ex. to be informed of the nature and cause of his arrest Remedial law **Arrest** Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (*Rules of Court*) *Arrest*; *how made*. --- An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. (*Rules of Court*) **Warrant of Arrest** - *Execution of warrant*. --- The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (*Rules of Court*) - *Method of arrest by officer by virtue of warrant*. --- When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable. (*Rules of Court*) **Warrantless Arrest** *Arrest without warrant*; *when lawful*. --- A peace officer or a private person may, without a warrant, arrest a person. - When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; - When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and - When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (*Rules of Court*) *Method of arrest by officer without warrant*. --- When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. (*Rules of Court*) **SEARCH AND SEIZURE** **Search Warrant** A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. (*Rules of Court*) a. *Court where application for search warrant shall be filed*. --- An application for search warrant shall be filed with the following: - Any court within whose territorial jurisdiction a crime was committed. - For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced. However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. (*Rules of Court*) - *Personal property to be seized*. --- A search warrant may be issued for the search and seizure of personal property: \(a) Subject of the offense; \(b) Stolen or embezzled and other proceeds, or fruits of the offense; or \(c) Used or intended to be used as the means of committing an offense (*Rules of Court*) **Warrantless Search** - *Search incident to lawful arrest*. --- A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant. (*Rules of Court*) **Custodial Investigation** the practice of issuing an \"invitation\" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the \"inviting\" officer for any violation of law. (*RA 7438*) **Deposition** - a witness' sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. **Admission** - The term "admission" embraces any statement of fact made by a party which is against his interest or unfavorable to the conclusion for which he contends or inconsistent with the facts alleged by him. **Confessio**n - a statement in which a person acknowledges that he is guilty of committing one or more crimes. **Extrajudicial confession** means an admission made in proceedings outside court. **Detention** Arbitrary detention begins not merely from the moment a person is locked up in a prison cell but from the moment such a person is deprived of his liberty without legal grounds. And it ends only when such a person is absolutely freed from any restraint on his person. **Kinds of Arbitrary Detention:** - Detaining a person without legal grounds - Delay in the delivery of detained persons, detained with legal grounds, to the proper judicial authorities - Delaying release of a detainee - Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, in the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception. (*Rules of Court*) - After the filing of the complaint or information in court without a preliminary investigation, the accused may, within five (5) days from the time he learns of its filing, ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule. (7a; sec. 2, R.A. No. 7438) **CARDINAL POINTS OF CRIMINAL INVESTIGATION** **5 W and 1 H** **Tools in Criminal Investigation:** **1. Information** It is the knowledge/data which an investigator acquired from records and persons. **Sources of Information:** ***1. Regular source*** is acquired from open sources, records, files. ***2. Cultivated source*** are information furnished by informants/informers. ***3. Grapevine source*** are information given by the underworld characters such as prisoners or criminals. **Methods of Identification** **2. Interview/Interrogation** - **Interview** - Is a conversation with a purpose, motivated by a desire to obtain certain information from the person being interviewed as to what was done, seen, felt, heard, tasted, smell or known. - **Interrogation** - is a forceful/rigid questioning of a person suspected of having committed an offense or a person who is reluctant to make full disclosure of information in his possession which is pertinent to the investigation. **Rules to be observed in questioning** a\. One question at a time b\. Avoiding implied answer c\. Simplicity of the questions d\. Saving faces e\. Avoid close ended questions (yes or no) f\. Positive attitude **Technical and Legal aspect of a Witness** ***As General rule*, The opinion of witness is not admissible, Except** Ordinary Witness - 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. **Expert Witness** - he opinion of a witness on a matter requiring special knowledge, skill, experience or training which he shown to posses, may be received in evidence **3. Instrumentation** **Ways of identifying the criminals** - confession and admission0 - Circumstantial evidence - Associative evidence **Physical Evidence -** these are the articles and materials which are found in connection with the investigation and aid in establishing the identity of the suspect. **Corpus Delicti -** Latin for the "body of the crime" It is the legal term used to describe/physical/or material evidence that a **crime has been committed** **Associative Evidence -** These are the pieces of evidence that will link the suspect to the crime scene. **Tracing Evidence -** refers to evidence that is transferred from one person to another person or place. **Forensic Science -** this is done through the aid of the expertise of different forensic services such as DNA, Fingerprint, Odontology and the like. **Admissibility of Evidence and Exclusionary Rule** *Evidence defined*. --- Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules. - Relevance - Competent **Electronic Evidence** - These Rules shall apply to all civil actions and proceedings, as well as quasi-judicial and administrative cases. - Electronic documents as functional equivalent of paper-based documents. **Admissibility. --** An electronic document is admissible in evidence if it complies with the rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules-Rule on Electronic Evidence **Section 1. Burden of proving authenticity. --** The person seeking to introduce an electronic document in any legal proceeding has the burden of proving its authenticity in the manner provided in this Rule. **Section 2. Manner of authentication. --** Before any private electronic document offered as authentic is received in evidence, its authenticity must be proved by any of the following means: **Section 3. Proof of electronically notarized document. --** A document electronically notarized in accordance with the rules promulgated by the Supreme Court shall be considered as a public document and proved as a notarial document under the Rules of Court. **Crime Scene Reconstruction** Scientific ability of investigators to make useful observations of physical evidence in the crime scene through a logical approach in theorizing as to how the crime was committed. **Stages:** - Appreciation - Comparison - Individualization - Reconstruction **Modus Operandi** - otherwise known as Method of Operation, refers to the manner and methods employed or used as well as the sequence of various actions taken by the perpetrator in committing the crime. **Crime Scene Processing: Phase** - Approach the crime scene - Secure and protect the crime scene - Preliminary survey of the crime scene - Narrative description of the crime scene - Photographing the crime scene - Sketching the crime scene - Evaluation of fingerprint evidence - Evaluation of physical evidence and clue material - Detailed crime scene search - Collection, recording, marking and preservation of physical evidence and clue material. - Final survey, and turnover of authority to the OIC of the case. - Release of the crime scene. **Chain of Custody** - It is the number of persons who handle the evidence between the time of the commission of the offense and the ultimate disposition of the case and should be kept to minimum. **Proper Handling, Collection and Preservation of Evidence** - **Documentation of Physical Evidence at the Crime Scene** - if the recovered pieces of physical evidence are not properly documented, its origin can be questioned. No physical evidence shall be moved until its original condition and position have been recorded by note, photograph, videotape and sketching. - **Proper Collection of Evidence for Examination** - evidence that could be subjected for DNA analysis is generally limited to substances that are biological in nature. It should be remembered that not all biological materials submitted to the DNA Forensic laboratory will provide sufficient DNA for analysis. Likewise, the biological activity of the evidence will be lost if not properly collected. - **Preservation** - biological specimens which are not properly preserved will decompose and deteriorate. This will seriously affect the outcome of the DNA typing. - **Marking of Evidence** -- for the purpose of identification. - **Individual Packaging and Sealing** - improper packaging will possibly cause cross contamination. Substitution or switching of evidence is also possible. - **Proper Chain of Custody** - the different persons responsible for the custody of the evidence from the time of collection up to the time the evidence reaches the court is critical in a successful prosecution of a criminal case. **Method of search** A. **Strip** - the searchers will proceed at the same pace along the path parallel to one side of the rectangle. B. **Spiral** - the searchers will follow each other in the path of a spiral, beginning in the outside and spiraling towards the center. Clockwise/counter clockwise. C. **Zone-** the area to be searched is divided into four quadrants and each searcher is assigned to one quadrant. D. **Wheel**- for area to be searched approximately circular or oval E. **Point to poin**t- searcher will stand in a straight line and move forward together. **SKETCH** **Kinds of sketch** *a. **Locality** - give a picture of the scene, the crime and its environs, including neighboring buildings, roads, etc.* *b. **Ground** - picture of the scene of the crime with its nearest physical surrounding* *c. **Details** - the immediate scene only* *d. **Exploded/ cross projection** - gives the clear impression of the scene in cases where blood stains or bullet holes are found* **Elements of Sketch** - Measurement - Compass direction - Essential items - Scale and proportion - Legend - Title **Types of Measurements** 1\. Rectangular coordinates method 2\. Triangulation method 3\. Baseline method 4\. Compass point method 5\. Cross projection method **PHOTOGRAPH** **Types of Photograph** **Overall photographs** - The camera should be carried clockwise until at least 4 general view photographs have been taken. **Photographs of the deceased** - The relationship of the body to the surrounding furniture. Photographing of articles of Evidence Various objects will appear to have direct relation to crime. 2 photographs are needed for a significant object which is less than six inches in length. Close range, and Approximately six feet from the object. **Special techniques** - Photomacrography, photomicrography, are examples of special techniques employed in crime scene recording. **Photographing the environs** - Contiguous areas which may have been used in approach, pursuit, flight or struggle should be considered as part of the crime scene. Therefore, be accorded appropriate attention. Photographing the body after removal **Stages of crime scene photography** **General view** - It demonstrates what the crime scene looks like in its own environment to reveal the natural surrounding of the location. It also includes the location of possible escape routes. **Medium-range view** - Taken at a distance not greater than 20ft away from the subject or item being photographed. This will establish the relationship of the item to the deceased. **Close-up** - Taken at a distance less than 5ft and focus on small segments of a larger surface or on specific objects in the crime scene. **INTELLIGENCE** **Information -** it is an evaluated material of every description including those derived from observation, reports, rumors, imagery and other sources from which the intelligence is derived. **Intelligence -** refers to collated, analyzed and evaluated information appropriately acquired for particular purposes. also covers a wide range of areas in its application, such as Military Intelligence, Police Intelligence, Departmental Intelligence **Cyber Intelligence** - the tracking, analyzing, and countering of digital security threats. **Cryptography** -- is the art and science of making, devising and protecting codes and ciphers. **Cipher** - is code or secret message which takes the form of an innocent text. **Crypt** - is something hide or conceal **Cryptanalysis -** A method of intelligence operation wherein coded messages are analyzed by experts. **Stakeout** -- a process wherein a part of the surveillant group clandestinely positions him in advantageous and fixed position to clearly monitor and observe the subject and his activities. fixed surveillance **Tailing or Shadowing** (secret) - is the act of following a person **Casing** -- is a reconnaissance or surveillance of building or places to determine its suitability for intelligence use **PRINCIPLE OF INTELLIGENCE** **Principles are fundamental guides to action, broad statements of truth from which others are derived.** **Objectivity** -- only the well guided succeed. A basic intelligence concept that there be unity between knowledge and action. Action and decision is planned by knowledge and guided by it at every step. **Interdependence** -- intelligence is artificially subdivided into component elements to ensure complete coverage, eliminate duplication and to reduce the overall task or manageable sizes; possesses a precise interrelationship. **Continuity** -- intelligence must be continuous so that the shape of what happens today could be studied of what was happened before to enable us to predict the shape of things to come. **Communication** -- intelligence must be communicated to all decision makers in the manner that they will understand for its most effective use. **Usefulness** -- must be shared and told well and must be convincing as to the facts and its significance must be shown. **Selection** -- it involves plowing through a maze of information for the purpose of picking the most promising of a multitude of leads. **Timeliness** -- must be communicated to the decision maker at the appropriate time to permit its most effective use. **Security** -- is achieved by the measures which intelligence takes to protect and preserve the integrity of its activities. **Intelligence Cycle** It is a cycle because the process which keeps on going every time there is an intelligence requirement. It consists of four phases, namely; 1\. **Planning or collection effort**. The principle in planning or the collection effort is based on the collecting agency's capability. This is to ensure that the coordinated search for information sought may be obtained to govern the future conduct of the unit. 2\. **Collection of Information** -- is the procurement of information of which most of the vital factor is access of either the agents or informants to the desired facts without arousing the attention of the subject or those given the task to protect them. Police Routine Activities which are good source of information: Patrol, Community relations programs, Informants, Checkpoints, Criminal investigation, Surveillance operations **METHODS OF COLLECTION OF INFORMATION:** **Covert method --** is a clandestine means of obtaining information, these include the following activities: **Infiltration --** gradual penetration into enemy domain and territory **Surveillance --** using satellite, photo, audio electronic gadgets and advance communications systems. **Elicitation --** it is made through interview, interrogation and instrumentation. **Overt method --** is an open obtaining of information through government records, census and statistics, residential, commercial business listings, and other available materials. 3\. **Processing of Information**- is the process, through which information is managed, can increased our knowledge of a particular problem and situation, and results in preventive and informed public policy. It is a step by which intelligence is transformed from raw facts or materials to intelligence data. **It involves three processes** **Collation** would entail the recording or organization of raw materials so that they may be readily compared to other items. **Evaluation** refers to the examination of raw materials in order to determine its reliability, credibility and relevance to police operations. These include the following considerations; - Is the source reliable? - Is it needed for immediate or future purpose? - Is it confirmed and collaborated by the source? - In case of variance, what information is most likely correct? **Interpretation** is the determination of the significance of the intelligence data in relation to the other data at hand in order to draw conclusions. These includes - **Analysis** is done by shifting and sorting of all available intelligence materials - **Integration** is the combination of all analyzed data to form a logical picture or theory. - **Deduction** is the formulation of conclusion from theories as a result of integration. 4\. **Dissemination and use of Intelligence** -- The intelligence duly processed must be presented to the commander to enable him to formulate decisions and plans and is distributed to all higher, adjacent and lower offices in the time for it to be of value. **Criteria for Dissemination of Intelligence:** - **Timeliness** -- must be disseminated accordance with its urgency - **Propriety** -- must be disseminated in accordance with right user - **Security** -- security measures must be used for classified matters. **EVALUATION GUIDE** **Evaluation of Source of Information:** **Reliability** **Accuracy** --------------------------- ---------------------------- A -- Highly Reliable 1 -- Confirmed Information B -- Usually Reliable 2 -- Probably True C -- Fairly Reliable 3 -- Possibly True D -- Not Usually Reliable 4 -- Doubtfully True E -- Unreliable 5 -- Improbable F -- Cannot be judged 6 -- Cannot be judged **Evaluation of Accuracy of the Item:** **Reliability** **Accuracy** ----------------- --------------------------- **1** Confirmed by other source **2** Probably True **3** Possibly True **4** Doubtfully True **5** Improbable **6** Truth Cannot be judged **Evaluation as to the Source of Information:** **Reliability** **Accuracy** ----------------- ------------------------------------------------- **T** Direct observation by the other Unit Commander **U** Penetration or Resident Agent **V** AFP/ PNP Troops Involved in Encounter Operation **X** Government or Civilian Employee **Y** Member of the Populace **Z** Documentary **AREAS OF POLICE INTELLIGENCE** refers to the output or end product resulting from the collection, evaluation, analysis, integration and interpretation of all available facts which concerns the activities of criminal elements and its activities significant to police planning and operation. **Strategic Intelligence -** refers to a long term or future use of processed information. It is the knowledge essentials to internal security, crime suppression and prevention and public safety. **Line or Tactical Intelligence -** refers to processed information which is immediate in nature. It is essential to the accomplishment of police objectives **Counter Intelligence -** it deals primary with the building of the organization against internal enemies. It is essential to the formulation, preparation and execution of police plans, policies and programs **Surveillance -** Is the designated or secret observation of places, persons and vehicles for the purpose of obtaining information concerning the identities or activities of the subject. **Categories of Surveillance** **1. Loose Surveillance** - also known as discreet surveillance. Observation of the subject or object is not continuous. It may be called off when the subject becomes suspicious. **2. Close Surveillance** - Continuous observation of the subject is maintained at all times, even if he appears to become suspicious. **3. Combination of Loose and Close Surveillance** -Circumstances which usually depend on a specific act of the subject may necessitate a change from a loose surveillance to a close surveillance without prior notice. **Methods of Surveillance** **1. Moving Surveillance** - a moving surveillance is conducted when the person, object or activity being watched moves from one place to another. In this situation, the surveillant actually follows the subject of interest. **2.Fixed Surveillance** - is conducted when the person, object or activity being watched is not expected to move from one area. The surveillant may, however, move from one vantage point to another on the immediate area **Techniques of Surveillance** **1. Foot Surveillance -** employs the use of a single, or more than one surveillant where the surveillant and the subject travel on foot and the surveillant has to shadow him or tail for the rest of the operation. **One-Man Surveillance** **Two-man or "AB" Surveillance** **Three-man or "ABC" Surveillance** **Leapfrog Surveillance -** Two or more surveillant are used to conduct this technique. This is a variation of the "AB" and "ABC" methods. It is simple to execute and greatly reduces the chances of the subject recognizing the surveillance. **Progressive Surveillance -** This is used when extreme caution is necessary. It can be presupposed by the surveillants that the subject will resort to every method to elude possible surveillance. It is a slow technique and limited to subjects who follow habitual daily routines. **2. Vehicle Surveillance -** may involve the use of one or more automobiles, or other conveyances normal to the area. **One Vehicle Technique** - one vehicle follows the subject alone to observe his movements and to stay far enough to avoid ready detection. **Two Vehicle Technique** - one vehicle follows the subject at a varying distance and another on a parallel street. The two vehicles can exchange place from time to time. **Four Vehicle Techniques** - provides greater flexibility than the two-vehicle technique. The **"eye ball"** keeps track of the subject while another vehicle follows the "eye ball". **Undercover Operation -** work or roping is it is sometimes called, is a form of investigation in which the investigator assumes a different and unofficial identity in order to obtain information. - Natural - Artificial Cover **Source of Information** - is the application of various sources of information in connection with the criminal investigation. **Common Sources of Information** 1\. People as a Source of Information **a. Regular Source** - these are information gathered through people who have come directly to the attention of the police, commonly the complainant, witness or victim. b\. **Cultivated** Source - these are information generally taken through the use of informants and informers. **c. Grapevines Source** - these sources of information are gathered from those who are in the underworld or ex-convicts. 2\. Record as a source of Information **a. Government source** - these are sources taken from the government agencies or any from its instrumentality. **b. Private Source** - these sources of information are usually taken from the different private entities and business organizations, public utilities such as water or electric bills and all other private sectors. **c. Internet Source**- these modern sources of information are done through searching specific details by typing the desired key or phrase in the different search engines. **Types and Motives of Informants** 1\. **Rival-elimination Informant** -- and informant is usually an anonymous caller who tries to inform the police regarding a particular criminal activity to eliminate a rival or competitor. The elimination of rivals can provide an opportunity to a group of individuals to monopolize an illegal business in order to increase their income. 2\. **False Informant** -- an informant who reveals information usually of no consequence or untrue in order to mislead the police or investigation of the case at hand. 3\. **Frightened informant --** an informant who gives information to the police because of the belief that his safety and the safety of his loved ones might be compromised. This frightened informant is usually molded by fear of self-interest. 4\. **Self-aggrandizing Informant** -- and informant who has many contacts in criminal circles and feels importance by giving information to the police. A type of informant surprisingly provides information regarding a crime to win favorable attention from the media which could put him in the spotlight, making him an instant celebrity. 5\. **Mercenary Informant** -- and informant who has something to sell. In return for any information, a mercenary informant receives monetary reward or material gain. 6\. **Double-Crosser Informant** -- and informant uses his seeming desire to give information as an excuse to talk to the police in order to get information from them than he gives, a type of informant who knows how to manipulate the police by giving a bit of information with the intention to acquire information with great interest. 7\. **Legitimate Informant** -- an informant those covertly and overtly provide information to law enforcers about criminal activity in a legitimate establishment. Legitimate informants mainly include operators of licensed premises who do not want their place of business to become hangouts of dangerous criminals. **Legal Limitation in Obtaining Information** The power given by the state to police officers in gathering information is so huge that it may be prone to abuse. To protect the privacy of an individual citizen, the law prohibits certain police actions such as the following: - ***Republic Act 4200 (Anti-Wire Tapping)*** - ***Republic Act 10173 (Data Privacy Act)*** - ***RA 7438*** - ***And other relevant laws*** ***IMPORTANT TERMS ;*** **Police Power** - Power of the state to prosecute crime Power to promote the general welfare and public interest Basic limitations of Police Power: due process and equal protection **Police and Prosecutor** The police are empowered to conduct investigations to give justice to suspects, whereas prosecutors are empowered to check the investigation conducted by the police and to dispose of the case for the prosecution, following the due process of law. **Crime as an Act and as an Omission** - **Crime** - an act or omission in violation of law (General term) - **Felony** - an act or omission punishable by the RPC - **Offense** - an act or omission punishable by the special laws - **Misdemeanor** - a nonindictable offense, such as violation of city ordinance **Crime as an Act**, performed action in contrary with the law **Crime of Omission**, failure to perform a certain action as required by law. **SPECIALIZED CRIME INVESTIGATION 1** **WITH LEGAL MEDICINE** Special Crime Investigation **Criminal Investigation** -- It is the collection of facts in order to accomplish the three-fold aims -- to identify the guilty party; **to locate the guilty party; and to provide evidence of his (suspect) guilt**. **Special Crime Investigation**- deals with the study of major crimes based on the application of special investigative techniques. **GENERAL APPROACH TO CRIMINAL INVESTIGATION** **Firs**t: A criminal investigation must necessarily proceed as a legal inquiry by virtue of a complaint based on a given set of facts, after the commission of an act or omission. **Second:** The act or omission subject matter of a criminal investigation 'must be a felony or an offense punishable by law". **Third**: As a general rule, criminal investigation is not concerned with the arrest of the felon. **METHODS OF IDENTIFICATION OF A CRIMINAL** a\. Confession and Admission **Confession** - it is the declaration of an accused expressing/acknowledging his guilt of the offense charged. Effects of confession: - May be given in evidence against him in the investigation or trial of the offense with which he is charged; and - Maybe given to prove the guilt of his companions but it will pass a lot of organization and debate. **TYPES OF CONFESSION** **Judicial Confession** - Made by the suspect/accused in open court. **Extra-Judicial Confession** - This kind of confession is inadmissible unless corroborated by proof of Corpus Delicti. The confession to be admissible, it must be voluntary, in writing and made with the assistance of a counsel of his own choice with full understanding of the consequence of such confession. (get separate for separate crimes). **Rules in Confession** - the confession must be voluntary; - it must be made with the assistance of a competent and independent counsel, preferably of the confessant\'s choice; - it must be express; and - it must be in writing **Admission** - It is an acknowledgement of a fact or circumstances from which guilt may be inferred. It implicates but does not incriminate. **Statement of witnesses** **Methods of Identification by witness** - Verbal description - Photographic files (Rogues Gallery) - General Photograph - Cartographic Sketch **The value of identification by eyewitness depends on:** - The ability to observe and remember distinct appearance of suspect; - Prevailing condition of visibility - The lapse of time **Identification of ordinary person** - No special training or skills is required Ex. Growth of hair, Clothing, Body ornamentation, speech, gait, etc. **Identification by an expert** - Applied scientific knowledge in identifying a person Ex. Blood grouping, DNA, etc. **Circumstantial Evidence** - facts or circumstances from which, either alone or in connection with other facts, the identity of the person can be inferred. These inferred to prove identity by circumstantial evidence - **Motive**- what induces the person to act - **Intent-** the result or accomplishment of the act. - **Opportunity-** the physical possibility that the suspect could have committed the crime **Associative Evidence** - these are the pieces of evidence that will link the suspect to the crime scene. The suspect may leave some clues at the scene such as weapons, tools, garments or prints. - **Locard's Exchange Principle** - In every contact leaves traces - The **"Law of Multiplicity of Evidence"** is a law applicable in identification which states that the greater the similarities or dissimilarities, the greater is the probability for the conclusion to be correct. **GOLDEN RULEs in Criminal Investigation/Crime Scene Search** ***"Do not touch, alter, move, or transfer any object at the crime scene unless it is properly marked, measured, sketched and/or photographed."*** - Never let suspects and victims be in the same room - Make sure that the cordoned off area is sufficiently large. - Do not allow witnesses or suspects to return to or enter the crime scene. - If they were injured, top priority is saving the life of that person. **Legal requirements in Crime Scene search** - **Police Power** - is the right to protect the country and its population from threats to the public health and safety. - **Remedial Law** - the rules which prescribe the procedure for the protection and enforcement of all claims arising from rights and duties created by law. - **Due process of law** - A law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. **CRIME AGAINST PERSON AND RELATED LAWS** **Title VIII - Crimes Against Person**Chapter One *DESTRUCTION OF LIFE* Section One. --- Parricide, murder, homicide Section Two. --- Infanticide and abortion. Section Three. --- Duel *Chapter Two* *PHYSICAL INJURIES* **LEGAL MEDICINE** Definition of terms **Forensic Medicine**- is a branch of medical science which deals with application of medical knowledge to elucidate legal problems. **Legal Medicine**- is a branch of medicine which deals with application of medical knowledge to the purposes of law and in the administration of justice. **Medical Jurisprudence**- is a branch of law which deals with the organization and regulation of the medical profession. **Medico Legal Aspects of Death** - Death - In medico- legal death, it refers to the death which involves in crime or medico-legal cases to prove or disprove that a foul play had been done.Clinical types of Death: 1.**Sociological death**: It is a type of death wherein the withdrawal and separation from the patient by others produces a sense of isolation and abandonment. 2\. **Psychic Death**: The condition of death wherein the patient regresses, gives up or surrenders, accepting death prematurely and refuses to continue living. Psychic death occurs prematurely if the patient has excessive fear of his illness and views it as lending to immediate death. 3\. **Biologic Death**: The type of death characterized by the absence of cognitive function or awareness, although artificial support systems may maintain organ functioning. 4**. Physiologic Death**: A type of death when all vital organs have ceased to function. **MEDICO-LEGAL IMPORTANCE OF DETERMINING DEATH**: 1\. Basis for immediate removal of vital organs and for transplantation; 2\. Civil personality of a natural person is extinguished upon death. The effect of death upon the rights, powers and obligations of the deceased is determined by law, contract and will. 3\. Property of a person is transferred among the heirs at the time of death. Art. 774, Civil Code. 4\. Criminal liability of a person is extinguished by death. Art. 89, RPC. 5\. Civil case for a claim which does not survive is dismissed upon the death of the defendant. Rule 3, Sec. 21, Rules of Court. **KINDS OF DEATH** 1\. **Somatic Death** -- Clinical Death: It is a complete, continuous, persistent cessation of respiration, circulation and almost all brain functions of an organism. 2\. **Molecular Death** -- Cellular Death: It is the cessation of life of the individual cells in the body which occurs one at a time after somatic death. Nerve cells and brain cells die earlier about 5 minutes after somatic death while muscle cells live longer until the onset of rigor mortis which is about 2-6 hours. 3**. Apparent Death** -- "State of Suspended Animation". It is a state of temporary cessation of vital activities of the body or the vital processes were depressed to the minimum compatible with life. **SIGNS OF DEATH AND ITS EXAMINATION** 1\. **Cessation of Respiration** - A person can hold his breath not longer than 3 and a half- minute but a persistent, continuous cessation of breathing after 5 minutes without spontaneous breathing and repeated testing for at least two minutes interval at each testing is considered as a respiratory failure. Examination: - Observance of upward and downward movement of the chest and abdomen - Palpation of the respiratory movement - By auscultation with the aid of stethoscope - Examination with the aid of a mirror - Examination with the aid of feathers or fibers - Examination using a glass of water - Examination using lighted candle - Winslov Test 2\. **Cessation of Heart Beating and Circulation** - the pulse beat stopped and also the circulation or blood flow to different parts of the body. In this condition, the person is pronounced to be dead. In case of decapitation or cutting of the head and judicial hanging, the heart beat persists for 15 minutes to 1 hour. Examination: - Palpation of the pulse and heart beat - Fluoroscopic examination - Fluoroscopic examination 3\. **Cooling of the body** - thereby the body temperature gradually decreases until it assumes the temperature of the environment. - Body temperature is one of the earliest sign of death - The fall of 15 degrees Fahrenheit to 20 degrees Fahrenheit is considered as death of the body. - In **post-mortem caloricity or post-mortem Glycogenolysis**, there is an increase of temperature due to fast, early putrefactive and chemical changes in the body, which occur in about 1-3 hours after death. Post-mortem caloricity occurs especially in persons who died from infectious diseases and strychnine poisoning. 4**. Insensibility of the body and loss of power to move**. 5\. **Changes in the skin** - Livid discoloration due to the gravitation of blood - Loss of elasticity of the skin: - **Post-mortem contact flattening** - body becomes flattened on areas which are in contact with the surface it rests on. - Opacity of the skin - Effect of application of heat - Application of melted sealing wax on the breast of the dead will not produce blister or inflammatory edema will develop about the wax **6. Changes in and about the eye** a\. Loss of corneal reflex b\. Clouding of the cornea c\. Flaccidity of the eyeball d\. Pupil is in the position of rest, (non-reactive to light) e\. Ophthalmologic Findings - Optic cell is pale and has the appearance of optic atrophy - Retina becomes pale like optic disc **7. Effect of the Application of Heat** Changes in the body following death **[1. Stage of primary flaccidity]** It is the stage of muscular change upon death characterized by relaxation of muscles and loss of their natural tone so that the jaw or the head drops down; the thorax collapses and the limbs become flaccid; the iris assumes a mid position and the sphincter relaxes. This is the reason why the dead person may still urinate, defecate or excrete the waste product of metabolism thru pores in the skin because of the relaxation of the sphincters. **[2. Stage of Post- Mortem Rigidity or Rigor Mortis]** - This stage of muscular change which occurs 2-6 hours after death and is characterized by hardening of the muscles due to biochemical changes of the muscle protein - usually start at the muscles of the jaw and face and then spread to the neck, upper limbs, trunk and lower limbs until the whole body assumes a board-like rigidity after about 12 hours. **Cadaveric Spasm or Instantaneous Rigor**: It is the instant stiffening of a certain group of muscles which occurs immediately at the moment of death and although its cause is unknown is associated with violent death due to extreme nervous tension, fatigue and injury to the nervous system. **[3. Stage of secondary flaccidity]** A muscular change characterized by the softness and flaccidity of the muscles in which they no longer respond to mechanical or electrical stimulation due to dissolution of the muscle proteins that have been previously coagulated during the stage of rigor mortis. This stage is the onset of putrefaction and occurs many hours in rigor mortis. **[Algor Mortis - Post-mortem Lividity]** - Cooling of the body [**Rigor Mortis or Post-mortem Rigidit**y], Onset -- 2-6 hours after death and is completed in about 12 hours duration; 24-48 hours in the Philippines and other tropical countries; 36-48 hours during the summer in the Philippines and other tropical countries **[Livor Mortis]** - The onset of post-mortem lividity is 20-30 minutes in the most dependent portions of the body and is completed in about 12 hours when the blood has already clotted or diffused to different parts of the body wherein the discoloration its darker and permanent. **Importance of Post-mortem Lividity: It is a sign of death:** - It approximate the time of death in a person, - It determines the position of the body after death, - It may indicate the cause or manner of death. **Kinds of Post-mortem Lividity:** - Hypostatic Lividity: It is the lividity when the discoloration is due to the blood pooled in the most dependent areas of the body. - Diffusion Lividity: It is a fixed or permanent discoloration when the blood vessels or has diffused to different parts of the body **LEGAL MEDICINE (PHYSICAL INJURY**) **Wounds** - types of wound as severity **1. Mortal Wound** -- Wounds which when inflicted to the body are immediately followed by death or one which is serious that will endanger the life of the victim. **3. Non-mortal Wounds** -- Wounds which when inflicted to the body are not immediately followed by death or one which is not so serious that will endanger the life of the victim. **As to the kind of instrument used**: - Wounds produced by blunt instruments -- Lacerated wounds. - Wounds produced by sharp edged instruments -- Incised wound. - Wounds produced by sharp pointed instruments - Puncture wounds. - Wounds produced by sharp edge and sharp pointed instrument -- Stab wound. - Wound produced by change of environmental pressure on the body. - Wounds produced by micro-organism **As to the manner of infliction**: - Hit -- By the stroke of bolo, axe and blunt instrument - Thrush or stab -- By the stroke of a knife, dagger, ice pick, bayonet, saber, spear and others - Tearing or stretching - Gunpowder explosion, projectiles or shrapnel - Sliding or Rubbing **AS TO THE DEPTH OF THE WOUND:** **Superficial Wound** -- Wound which involves the outer layer of the skin or tissues of the body. **Penetrating Wound** -- Wound wherein the instrument pierces a solid organ or tissues. **Perforating Wound** -- Wound where there is communication between the outer and inner portions of the hollow organs **AS TO THE RELATION OF THE SITE OF APPLICATION OF FORCES AND THE LOCATION OF INJURY:** **Coup injury** -- It is the physical injury which is found at the site of the application of force. **ContreCoup injury** -- It is the physical injury which is found at the site and also opposite the site of the application of force. **Coup contrecoup injury** -- It is the physical injury which is found at the site and also opposite the site of the application of force. **Locus minoris resistencia** -- It is the physical injury which is found not at the site or opposite the site of the application of force but in some areas offering the latest resistance to the force applied. **Extensive injury** -- It is the physical injury involving the greater area beyond the site of force. **Types of Wounds** **Open Wound** - wound where there is a break in the overlying skin or tissues. **1. Abrasion** **Forms of Abrasion**: - **Linear abrasion** -- An abrasion where there is a single line of injury which may be curved or straight. - **Multi-linear abrasion** -- A form of abrasion where there are several lines of injury which are parallel to one another. - **Confluent abrasion** -- A form of abrasion where the lines of injury are arranged in haphazard manner. - **Multiple abrasions** -- An abrasion in the body surface located in different parts of the body. **Types of Abrasion:** **Scratches** -- An abrasion brought about by the stroke of a sharp-pointed instrument over the skin producing the injury. **Grazes** -- An abrasion due to forcible contact with a rough, hard object resulting in irregular removal of the skin surface. **Impact or Imprint abrasion** -- An abrasion due to contact with a rough, hard object in which the structural form of the object is reflected over the skin. **Pressure or Friction abrasion** - An abrasion due to pressure applied and with accompanying movement over the skin. **2. Gunshot wound - the penetration of the bullet slug within then tissues of the body.** **Characteristic of the Wound of Entrance** - The wound of entrance is usually small and may be smaller than the missile due to retraction of the skin and tissues at the opening of the wound. - The edge of the wound is inverted with some contusion or abrasion around the wound. - In contact or close range fire, there is burning of the skin, singeing of the hair and gunpowder tattooing. - The other description of the wound of entrance is based on the distance of the body from the fired gun. **Contact fire** - There is burning of the tissues in the affected area because it is within then flame zone - Particles of gunpowder in and around the wound of the entrance. - Pressure of the bullet slug will cause caving in or excavation of tissues and the contusion collar is seen around the wound entrance. **Near contact up to 6 inches distance** - There is bursting of tissues, burning and blackening of the skin as in contact fire but the particles of gunpowder are present inside as well as around the wound of entrance. The shape of the wound may be lacerated or slit-like and the size is larger than the diameter of the missiles. The excavation of tissues due to the pressure of the penetrating bullet slug may not be as severe as in contact fire. **Distance above 6 inches up to 24 inches and beyond** - The size of the wound gradually approximates the size of the missile. As the distance from the target becomes farther, the burning or blackening of tissues, gunpowder tattooing, singeing of the hair and excavation of tissues becomes lesser and lesser until it disappears beyond the 24 inches distance. **Characteristics of the Wound of Exit** - Usually the wound of exit is larger than the projectile but it does not follow any definite shape. - The edge of the wound is everted and sometimes with some tissues or flaps of skin protruding from the wound. - The bullet slug may be lodged inside the body usually in lone range fire and therefore without any wound of exit. *Embolism* - is a condition in which foreign matters are introduced into the bloodstream causing sudden block of the blood flow in the arterioles and capillaries.. **Close Wound** - Wound where there is no break in the overlying skin or tissues; **Superficial closed wound;** - **Petechiae** - These are minute, pin-point, circumscribed extravasation of blood in the subcutaneous tissues or underneath the mucous membrane - **Contusion** - Bruise - **Cyst** - a sac-like pocket of membranous tissue that contains fluid, air, or other substances. - **Hematoma** - It is large extravasations in a newly formed cavity secondary trauma characterized by swelling, discoloration of tissues and effusion of blood underneath the tissues. **Deep closed wound:** - **Sprain** - It is the straining or tearing of the articular tendons, ligaments and muscles characterized by swelling, discoloration of tissues involved and extreme pain. - **Fracture** - It is a break or solution in the continuity of the bone tissue resulting from violence or from some existing pathology. - **Dislocatio**n - It is the displacement of the articular surfaces of the bones forming the joints - **Concussion** -- temporary unconsciousness confusion caused by a blow on the head. - **Internal Hemorrhage** - bleeding that occurs when blood vessels become damaged inside the body. - **Thermal Injuries** - occurs when energy is transferred from a heat source of the body, causing an increase in the temperature of local tissue. **Effects of Cold temperature** - death or injuries to the body because of less dissociation power of oxygen from the hemoglobin in the blood, thus the tissues will have a diminished power to utilize oxygen. - The degree of damaged depends upon the decreased in temperature duration of exposure, vitality of tissues involved, sex and condition of the body. **Local effect of cold temperature** - **Frostbite** -- It is a condition of exposure to cold temperature of certain parts of the body which produced mechanical disruption of cell structure and is characterized by diminished body temperature, cold stiffening and pallor which is later on lead to swelling, thrombosis, necrosis and gangrene of the affected tissues. - **Trench foot** -- A condition usually seen among those walking over the snow wherein the foot is exposed to freezing temperature characterized by cold stiffening, muscle cramp, necrosis and gangrene of the foot. - **Immersion foot** -- A sub-variety of trench foot when the foot is submerged into a cold freezing liquid characterized by decreased body temperature, cold stiffening. Muscle cramp, necrosis and gangrene of the muscles in the foot. **Effects of Heat in the Body (Specific heat & Sensible heat)** - **Heat cramp** -- It is a painful contraction of the skeletal muscles usually seen among manual workers in hot environments whose bodily fluids have been depleted of sodium chloride not replaced by heavy losses from sweat. - **Heat stroke** -- It is a failure of adequate heat elimination almost always related to a breakdown of the sweating mechanism usually seen among workers working in a warm environment or exposed to the heat of the sun and is manifested by an evaluation of body temperature, mental confusion, staggering gait, injuries to the central nervous system which is edema and destruction of nerve cells as well as congestion and focal hemorrhages in various organs. - **Scald** -- It is the burn due to contact with a hot or boiling liquid or gas over the body characterized by redness, pain and blister formation. - **Burns** -- It is the injury due to the application of physical heat in any form to the body and is characterized by redness and heat coagulation of the tissues to actual charring. - **Thermal burn** -- It is a type of burned caused by the application of heat or hot object. - **Chemical burn** -- A type of burn due to chemicals like strong acids - **Electrical burn** -- A burn due to electric current. - **Radiation burn** -- A burn due to radiation from radio-active substances such as X-ray. - **Friction burn** -- A burn when the body comes in contact with the moving object either by sliding, rotating or rubbing. - **Healing periods of wounds** ***Formation of exuberant Granulation (Proud Flesh) \>\>\> Keloid Formation (Collagen formation) \>\>\> Stricture (Contraction of fibrous tissue) \>\>\> Fistula or Sinus Formation (Connection of inner cavity and the outside)*** **Legal Medicine (Sex Crimes)** - **Sexual harassment** is a sexual act committed by any person by uttering obscene language which irritates the victim as well as the unconventional sexual acts which are not in conformity with the moral standard in a society. Sexual assault is "genderless crime" which involves unconventional sexual acts of violence and aggression committed on the genital, oral or anal orifice of another person. - **Carnal knowledge** is a sexual act involving bodily connection done by penetration of the sex organ of the male with that of the female organ. It is interchangeably used with sexual intercourse or coitus. - Importance of medical evidence to the criminologist: Understanding of the medical evidences in sexual crimes. For the proper preservation of the specimen to be needed for medical examination. Appreciation of the probative value of the medical evidence of sexual crime in court. - **Sexual Deviation**: Sexual deviation is an unnatural sexual behavior by certain individual which is done usually in privacy but maybe done in public or done in a bizarre manner. The sexually deviant individual who indulged to some sexual deviations may sometimes lead to the commission of sexual offenses, but most of the individuals do not exhibit criminal intent but only a normal sexual act or a manifestation of mental disorder. 1. **Lust murder** -- Necrosadism: An aggressive sexual behavior wherein the offender performed sexual intercourse or other sexual act and then kills the victim afterwards. 2. **Sadism** -- A sexual behavior wherein the offender inflict harm to another person in order to attain sexual gratification. A sadist is an individual who gains sexual satisfaction from harming another person. 3. **Masochism** -- A sexual perversion in which sexual pleasure maybe attained after being whipped or harmed. The masochist usually a female gains sexual gratification by experiencing pain before, during or after sexual act. 4. **Exhibitionism** -- Indecent exposure: This is a willful exposure of the naked body in public for sexual gratification. 5. **Mixoscopia** -- A sexual perversion wherein sexual pleasure is attained by watching couples engaged in sexual intercourse within a group of people. 6. **Aoshianism** -- Tribadism: A sexual perversion in which sexual pleasure may be done by sexual intercourse or sexual activity between 2 women. 7. **Pluralism** -- A sexual activity done by 2 or more couples performing sexual intercourse at the same time, in the same room or places, and then exchange partners afterwards as a result of sexual festival. Also known as "orgy". 8. **Troilism** -- A sexual act involving three persons performing sexual intercourse, fellatio, cunnilingus and other sexual activities. 3 persons consisting of 2 men and a woman or a man and two women sexual partners. 9. **Incest** -- A sexual relation with a relative. 10. **Masturbation** -- Self- gratification: A form of sexual deviation done by fondling or touching the external genital organ to attain sexual pleasure. 11. **Voyeurism** -- Peeping Tom: A sexual act performed by male and sometimes the female wherein sexual pleasure is attained by seeing persons undressing or engaged in sexual activity. 12. **Satyriasis** -- An excessive desire for sexual intercourse in the male. 13. **Partialism** -- A sexual deviation found in the male who have special affinity on certain parts of the body of female to arouse sexual pleasure before intercourse. 14. **Cunninglingus** -- A sexual deviation in the male where in gratification may be attained by licking or sucking the female genital organ, usually, this is followed by sexual intercourse. 15. **Sodomy** -- A form of sexual perversion seen in person in the prisons or mental hospitals in which sexual intercourse done to the anus of another person. 16. **Bestiality** -- A sexually deviation usually done by person with mental disorder in which sexual intercourse is performed with the animals. 17. **Paedeastia** -- A sexual perversion wherein the male performed the passive role while the female is in active role in sexual intercourse. 18. **Necrophilia** -- A sexual perversion wherein pleasure may be attained by sexual act or sexual intercourse with a corpse. 19. **Don Juanism** -- A sexual behavior in the male who is characterized to have many women in his life. 20. **Nymphomania** -- It is an excessive desire for sexual intercourse in the female. 21. **Fellatio** -- A sexual deviation wherein the partner places the male genital organ in the mouth to attain sexual gratification. 22. **Narcissism** -- A sexual perversion wherein a person has extreme admiration and love for oneself in which pleasure is attained by being naked and watching oneself in the mirror. 23. **Transvestism** -- It is a homosexual deviation that enjoys sex by wearing clothing usually belonging to the opposite sex. 24. **Frottage** -- A sexual deviation done usually in crowded places by the male who attains sexual pleasure by rubbing against some parts of the body of the opposite sex. 25. **Fetishism** -- A form of sexual perversion found in the male who attains sexual pleasure from the clothing or body parts of the female. It is different from partialism in the sense that it confers on the clothing or body parts of the female which arouse sexual feeling and produce orgasm without sexual intercourse to follow in partialism. 26. **Pedophilia** -- A sexual deviation wherein a person had an erotic sexual desire on children and gratification is attained by touching the private sex organs of children. 27. **Coprolalia --** A sexual deviation characterized by the use of obscene language as the sole power to arouse sexual excitement. It is exemplified in the form of obscene letter writing and obscene telephone calling. **Virginity** is a condition of a woman or female who have not experienced sexual intercourse or whose genital organs had not been altered by coitus. Defloration is the rupture or laceration of the hymen in woman due to sexual intercourse. It is the common occurrence among the bride in a newly married couple or in a virgin who had first engaged in sexual intercourse with another man. **Moral virginity** -- It is a state of virginity wherein a female is not physical matured or still not conscious about sex and had not experienced sexual intercourse. It is usually seen in female children whose secondary sex characteristics and sex organs have not yet been fully developed. **Physical virginity** -- A condition of virginity wherein a woman is already conscious about sex and had already developed the sexual organs and sex characteristics but has not yet experienced sexual intercourse. The hymen is a thin membrane covering between true physical virginity and false physical virginity. **False physical virginity** is a condition in woman who is sexually matured, had not experienced sexual intercourse and whose hymen is distensible, although not ruptured. **Demi-virginity** -- This is a virginity wherein the woman had some, sexual act with either man or woman but with the exception of sexual intercourse or rupturing of the hymen. The sexual acts maybe exhibitionism or partialism. **Virgo-intacts** -- This is not actually virginity because the woman had one or more sexual intercourse with another man but had not borne a child yet. **MEDICO LEGAL ASPECT OF POISON** **Poison** - is anything other than physical agencies which are capable of destroying life, either chemical action on the tissues of the living body, or by physiological action by absorption into the living. - In legal definition, Is a substance which, if applied or administered internally, has been applied or administered with the intention to kill or do harm. **Site of action of the poison** - **Local action** The poison may act on the skin or on the mucous membrane or on any part of the body where it is applied. - **Remote action** - Poison may act remotely in any of the following ways: - By the production of shock, ex. Poisoning by strong acid - By absorption into the blood and being carried to the organs they affect, ex. Morphine is absorbed by the blood and carried to the brain and depresses it. - By transmission through nerves of local parts affected going to the nerve centers and then reflected to the organs on which they act. - **Both Local and Remote** Circumstances affecting action of poison Method of administration - Idiosyncrasy - Age - Habit - Dose **MEDICO-LEGAL EXAMINATION** **Medico Legal Investigation For Crime of Violence in general** Crimes of Violence shall refer to crimes such as murder, homicide, kidnapping/abduction, bombings, sexual assault and other criminal incidents that put lives in danger all of which pose a major challenge to the PNP‟s investigative capability. **WHAT TO DO IN A CRIME SCENE:** Upon arrival at the crime scene the Investigator-on-Case makes a general assessment of the scene, takes a cautious walk-through, jots down notes to extensively document/record important factors and establishes the evidence most likely to be encountered. He then defines the extent of the search area, and determines personnel, organization and equipment needed to make specific assignments. From his assessment, he develops a general theory of the crime scene to set his plan in motion. Scene of Crime Operation (SOCO) specialists of the Crime Laboratory shall be requested in cases where the crime scene needs special processing due to its significance or because of its sensational nature. A crime of violence is a significant /sensational case and shall therefore require the services of the SOCO Team. The investigator-on-case must, however, remain at all times responsible for and in-charge of the crime scene and shall always be present during the whole SOCO operations. The Investigator-on-case shall conduct interviews and gather as much information as he can at the crime scene. This information could be critical in guiding the SOCO Team on which areas to focus in the collection of forensic evidence. It is also imperative that whenever a crime of violence or any other major or sensational crime occurs that an On-Scene Command Post (OSCP) be immediately established adjacent to the crime scene. Among others, the OSCP will be to provide a safe and secured area where the Evidence Custodian may be located to receive evidence and where other operational and administrative activities may be undertaken. The following checklist is meant as a guide and not as a substitute for critical thinking by the investigator. **Investigation of Crimes of Violence in General** - Find out as much as possible about the crime before going to the scene, and upon arrival, get all available information from the first officer on the scene and other police officers who are there. - Overview. Get your bearings at the crime scene to get a rough picture of the area and what happened. - Start keeping an action log. - Cordon off the area or extend the existing cordon if necessary. The perpetrator‟s route to and from the scene may need to be cordoned off as well. - Make sure that the responsible police officer posts the necessary guards for the cordoned off area. - Make sure that a list is made of the people who enter the crime scene. - If shots have been fired, find out whether gunpowder residue/primer particles have been collected from the hands of persons involved. If not, request the PNP crime Laboratory to do so at once. - Take a general photograph of the crime scene. Film the scene with a video camera. - Pause and take stock of the situation then start planning. This is where the crime scene analysis starts. - Note down your observations continuously. It is a good idea to use a tape recorder. - Decide whether you need help from an expert such as a forensic pathologist, biologist etc. - Take photographs continuously. Photograph all the evidence before they are collected. If possible, engage a photographer for specialized trace evidence photography. - Search for and collect evidence, objects and reference samples etc. that are relevant to the crime investigation. - Examine victims and suspects too. Pay attention to the risk of contamination. - Consider conducting a detailed and extended search outside of the crime scene. - Write a (continuous) seizure report. - Check the crime scene before the cordon is lifted. Make sure that you have not forgotten anything important, such as interrogation reports. A suspect may enter the crime scene area after the cordon has been lifted, and this must not be allowed to destroy the value of the evidence collected. **Medico-legal Investigation of sexual offense** **Checklist** - Find out as much as possible about the crime before going to the scene and upon arrival from the first responder and any other police officers who are there. - Overview. Take your bearings at the crime scene so that you get a rough picture of the area and what has happened. - If the victim is a woman or child, immediately refer the matter to the WCPD (Women and Children Protection Desk) of your unit for assistance in the handling of the victim and to ensure that proper procedures are observed. Start keeping an action log. - Cordon off the area or extend the existing cordon if necessary - Take a general photograph of the crime scene. Film the scene with a video camera. - Pause for thought and start planning. This is where the crime scene analysis starts. - Note down your observations continuously. It is a good idea to use a tape recorder. - Decide whether you need help from an expert such as a forensic pathologist, biologist etc. - Take photographs continuously. Photograph all the evidence before it is collected. If possible, engage a photographer for specialized trace evidence photography. - Search for and collect evidence, objects and reference samples etc. that are relevant to the crime investigation. Pay attention to the risk of contamination. - Write a continuous seizure report. - Check the crime scene before the cordon is lifted. Make sure that you have not forgotten anything important, such as interrogation reports. A suspect may enter the crime scene area after the cordon has been lifted, and this must not be allowed to destroy the value of the evidence collected. **Avoid contamination** Crime-scene investigations related to sexual offences may call for a great deal of work and many types of evidence may occur. Be very careful to avoid the risk of crosscontamination. Make sure that different people collect and preserve evidence and materials in different places. Package materials well and make sure that materials from different scenes are kept separate, or stored in different rooms and handled by different people. **Photographic documentation** Photographic documentation is an important part of the investigation, as in all crime-scene investigations. Use plenty of film. Combine still photography and video filming. **Persons involved** Make sure that both the victim(s) and suspect(s) are taken to a doctor as soon as possible, inter alia to secure forensic evidence. Give the doctor a rape kit, which contains an action logbook and equipment for preservation of evidence. After the examination, help the doctor to take charge of the persons‟ clothes and preserve the evidence generated by the examination. Also help the doctor by providing information that will make it easier to evaluate what evidence should be preserved. Make sure that injuries are documented and contamination avoided. The checklists are only meant as a guide and not as a substitute for critical thinking. In some cases certain items can probably be left out, while others must be added. **COLLECTION OF EVIDENCE\ **Look for the following types of evidence and materials in connection with sexual offenses. Blood, saliva, semen, Fibers, Fingerprints, Hair, Footwear prints and tire marks, Articles of clothing, Drugs **Medico-Legal Examination of Sex Crimes** Evidence to prove virginity and defloration: The external genital organs and other female parts make them extremely vulnerable to injury in medico-legal cases. Breasts: The breast is 2 masses of fleshy tissues at the region of the chest with its nipple at the center and surrounded by pinkish-brown areola. In sexual crimes, injuries may be observed in the breast such as abrasion marks from the grip of the fingers, laceration and even bite marks over the nipples. **Vaginal canal**: It is a muscular-membranous canal used as a female copulation organ and covered by hymen externally. The lining of the vaginal canal formed numerous transverse ridges. The vagina if not altered is usually tight and with sharp distinct rugosities; however; if altered such as in sexual intercourse, placing instruments and even strenuous physical activity, the canal maybe lax and with flattening of the rugae. **Labia majora and Labia minora** The **labia majora** which cover the labia minora are composed of two layers: a thick pigmented outer layer covered with hairs and an inner smooth layer containing sebaceous follicles. The **labia minora** is devoid of hair follicles but contains sebaceous glands and has a tendency to be erectile. These structures are not used as a basis to conclusively determine the virginity of a woman. The labia majora and labia minora maybe gaping in some women and yet have not experienced sexual intercourse while others may have plump, firm and well coaptated labia but have already experienced sexual intercourse. **Fourchette and Perineum** -- The fourchette is the V- shape structure formed by the union of the labia minora posteriorly and below the vaginal orifice. Perineum is the area between the posterior commissure of the labia majora and the anterior margin of the anus. This is lacerated during the passage of the fetus in the birth canal and in sexual act. **Hymen** -- The hymen is a thin fold of mucus membrane attached around the vaginal orifice. Its shape and structure may determine the appearance of the vaginal orifice. It may be partially closing the vaginal orifice, presenting an opening that varies in size from a pinpoint to a caliber that readily admits the tip of one or even two examining fingers. It may be a delicate membrane that can easily be ruptured or maybe tough and fibrous. It is ruptured during sexual act, instrumentation, childbirth and strenuous physical activity of a woman. **SPECIALIZED CRIME INVESTIGATION 2** **WITH INTERROGATION AND INTERVIEW** Scientific Examination of Real Evidence The Crime Scene Search Processing and Securing a Crime Scene -- Processing a crime scene includes the application of diligent and careful methods by an investigator/policeman to recognize, identify, preserve and collect facts and items of evidentiary value that may assist in reconstructing that which actually occurred. The crime scene is the area surrounding the place where the crime occurred. The processing of the area at the scene includes all direct traces of the crime. And this is determined by the type of crime committed and the place where the act occurred. Protecting the Crime Scene and the Evidence -- Successful crime scene processing, depends upon the policeman's or investigator's skill in recognizing and collecting facts and items of value as evidence, and upon his ability to protect, preserve, and later, to present these in a logical manner. This requires making careful and detailed notes and sketches; using correct procedures in taking photographs of the scene; taking written statements and transcribing verbal statements of witnesses, and suspects and marking and preservation of collected physical objects of evidentiary nature. Laboratory examination of objects and substances located usually at the crime scene Objects and substances needing examination in some cases are carried, intentionally or unintentionally, by suspects from the crime scene. Upon Arrival at the Crime Scene a. Record time/date of arrival at the crime scene, location of the scene, condition of the weather, condition and type of lighting direction of wind and visibility b. Secure the crime scene by installing the crime scene tape or rope (police line) c. Before touching or moving any object at the crime scene determine first the status of the victim, whether he is still alive or already dead. If the victim is alive the investigator should exert effort to gather information from the victim himself regarding the circumstances of the crime, while a member of the team or someone must call an ambulance from the nearest hospital. After the victim is removed and brought to the hospital for medical attention, measure, sketch, and photograph. Only a coronal or a medical examiner shall remove the dead body unless unusual circumstances justify its immediate removal. d. Designate a member of the team or summon other policemen or responsible persons to stand watch and secure the scene and permit only those authorized persons to enter the same. e. Identify and retain for questioning the person who first notified the police, and other possible witnesses. f. Determine the assailant through inquiry or observed him if his identity is immediately apparent. Arrest him if he is still in the vicinity. g. Separate the witnesses in order to get independent statements. Recording - As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been processed through notes, sketches, and photographs, with proper measurements. Searching for Evidence a. A general survey of the scene is always made, however, to the location of obvious traces of action, the probable entry and exit points used by the offender(s), and the size and shape of the area involved. b. The investigator examines each item encountered on the floor, walls, and ceiling to locate anything that may be of evidentiary value. You should: i. Give particular attention to fragile evidence that may be destroyed or contaminated if it is not collected when discovered. ii. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise. iii. Ensure that the item or area where latent fingerprints may be present is closely examined and that action taken to develop the prints. iv. Carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds. If possible, photograph the impression and make a cast or mold. v. Note stains, spots and pools of liquid within the scene and treat them as evidence. vi. Treat as evidence all other items, such as hairs, fiber, and earth particles, foreign to the area in which they are fund -- for example, matter found under the victim's fingerprints. vii. Proceed systematically and uninterruptedly to the conclusion of the processing of the scene. The search for evidence is initially completed when, after a thorough examination of the scene, the rough sketch, necessary photograph and investigative note have been completed and the investigator has returned to the point from which the search began. Further search may be necessary after the evidence and the statements obtained have been evaluated. c. In large outdoor areas, dividing the area into strips about four (4) feet wide is advisable. The policeman may first search the strip on his left he faces the scene and then the adjoining strips. d. It may be advisable to search beyond the area considered to be an immediate scene of the incident or crime. For example, evidence may indicate that a weapon or tool used in the crime was discarded or hidden by the offender somewhere within a square-mile area near the scene. e. After completing the search of the scene, the investigator examined the object or person actually attacked by the offender. **Methods of Crime Scene Search** ***Strip Search Method*** In this method, the area is blocked out in the form of a rectangle. The three (3) searchers A, B, and C proceed slowly at the same place along paths 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. A photographer is called, if necessary. The evidence is collected and tagged and the search proceeds at a given signal. At the end of the rectangle, the searchers turn and proceed along new lanes. ***The double strip or grid method of search*** is a modification of the Strip Search Method. Here, the rectangle is traversed first parallel to the base then parallel to a side. ***Spiral Search Method -*** In this method, the three searchers follow each other along the path of a spiral, beginning on the outside and spiraling in toward the center. ***Zone Search Method -*** In this method of search, the area is considered to be approximately circular. The searchers gather at the center and proceed outward along radii or spokes. The procedure should be repeated several times depending on the size of the circle and number of searchers. One shortcoming of this method is the great increase in the area to be observed as the searcher departs from the center. Collecting Evidence. - This is accomplished after the search is completed, the rough sketch finished, and photographs taken. - Fragile evidence should be collected as they are found. - All firearms (FAs) found to have tampered serial numbers (SNs) shall be automatically subjected to macro etching at the Philippine National Police Crime Laboratory (PNP-CL). - A corresponding report to the Firearms and Explosive Office (FEO) must be made for verification purposes. - In the collection, the investigator should touch the evidence only when necessary. Removal of Evidence. - The investigator places his initials, the date, and the time of discovery on each item of evidence and the time discovery on each item of evidence for proper identification. - Items that could not be marked should be placed in a suitable container and sealed. Tagging or Evidence. - Any physical evidence obtained must be tagged before its submission to the evidence custodian. Evaluation of Evidence. - Each item of evidence must be evaluated in relation to all other evidence, individually and collectively. Preservation of Evidence. - It is the investigator's responsibility to ensure that every precaution is exercised to preserve physical evidence in the state in which it was recovered/obtained until it is released to the evidence custodian. Releasing the Scene. - The scene is not released until all processing has been completed. - The release should be affected at the earliest practicable time, particularly when an activity has been closed or its operations curtailed. **INVESTIGATION FRAUD** **(FORGED OR COUNTERFEIT DOCUMENTS, BANKNOTES ETC.)** Anti-fraud operations are usually carried out in the form of a planned house search. Therefore, it is possible to plan properly in a way that is not possible in the case of an acute crime scene investigation. Many of the checklist items are valid nevertheless. **Checklist** a\. Find out as much as possible about the crime before going to the scene. Contact the Central Bank before the search is made if there is a suspected counterfeit workshop on the premises. b\. Start keeping an action log. c\. Take a general picture. Film with a video camera. d\. Note down your observations continuously. It is a good idea to use a tape recorder. e\. Make a sketch. Mark the places where trace evidence and reference samples are collected. f\. Take photographs continuously. Photograph all the evidence before it is collected. If possible, engage a photographer for specialized trace evidence photography. g\. Search for and collect evidence, objects and reference samples etc. that are relevant to the crime investigation. h\. Write a continuous seizure report. **Search and secure** It is important in connection with fraud cases to seize all material that may have been used in connection with counterfeiting or printing. Examples of such material are: - Typewritten text - Writing and printing inks - Printed materials - Wastepaper and shredding waste - Computer material - Paper Postal documents (passports, identity cards etc.) - Banknotes and other valuable paper - Photographs for identification purposes - Handwriting samples - Traces of stapling equipment - Films and printing plates - Material printed out by a printer - Indented writing - Copies for decoding **5.2 Robberies (of banks, houses, etc.)** a\. Find out as much as possible about the crime before going to the scene and upon arrival. b\. Overview. Take your bearings at the crime scene so that you get a rough picture of the area and what has happened. c\. Start keeping an action log. d\. Cordon off the area or extend the existing cordon if necessary. The perpetrator's route to and from the scene may need to be cordoned off as well. e\. Make sure that a list is made of the people who enter the crime scene. f\. Pause for thought and start planning. This is where the crime scene analysis starts. g\. Note down your observations continuously. It is a good idea to use a tape recorder. h\. Take a general photograph of the crime scene. Film the scene with a video camera. i\. Search for and collect evidence, objects and reference samples etc. outdoors. j\. Search for and collect evidence, objects and reference samples etc. indoors. k\. Take photographs continuously. Photograph all the evidence before it is collected. If possible, engage a photographer for specialized trace evidence photography. l\. If the robbery was video/filmed (CCTV), view the video to see where evidence might be found. m\. Seize any video recordings and films in still cameras. n\. Draw a sketch. Mark the places where trace evidence and reference samples are collected. o\. Write a continuous seizure report. p\. Find out whether the proceeds of the robbery included bait money. q\. Check the crime scene before you leave it. Make sure that you have not forgotten anything important, such as interrogation reports, memos, equipment etc. **Entry route** After a robbery, it is important to investigate how the offender got in. It is important to find the entry route, which is not necessarily a door. Look at the building from the outside and try to find traces of a break-in or other damage to doors or windows. Check the function of the lock and check whether there are any pick marks. **Ask the victim** Find out from the victim what has been stolen and where there are traces of objects being moved by the perpetrator. That is the place to look for trace evidence. **Latent footwear prints** Paper on the floor is always of interest since there may be latent footwear prints on it. Collect all paper and then look for footwear prints on the paper at your unit or send the papers to the Crime Laboratory for examination. There may also be latent footwear pints on desk pads, chair seats, etc. **CRIMES AGAINST PROPERTY** **ROBBERY** **a. What law punishes the crime of Robbery?** \- Revised Penal Code Article 293 -- 298 **b. What are the elements of the crime of Robbery?** 1\. The personal property belongs to another. 2\. The unlawful taking of that property. 3\. With intent to gain (animus lucrandi). 4\. Violence against or intimidation of any person or force upon things. 5\. The offense can be committed by a band or with the use of firearms on a street, road or alley or by attacking a moving train, street car, motor vehicle or airship or by entering or taking the passenger conveyance by surprise. 6\. Other analogous acts **c. What are the evidences needed to file the crime of robbery?** 1\. Testimonial Evidence -- Affidavit of complainant and witnesses 2\. Documentary Evidence -- photographs, videos, police reports and other documents 3\. Object Evidence -- stolen items, weapons and other devices 4\. Other relevant evidence **ROBBERY IN AN INHABITED HOUSE OR EDIFICE FOR WORSHIP AND PRIVATE BUILDING** **a. What laws punish the robbery in an inhabited house or public or edifice devoted for worship or in an uninhabited place or in a private building?** - Article 299 - 302 **b. What are the elements of robbery in an inhabited house or public or edifice devoted for worship or in an uninhabited place or in a private building?** 1\. The culprit must enter the building where the object to be taken is found. 2\. The entrance is affected by any of the following means through an opening not intended for entrance, breaking any wall, roof or floor, outside door or window, using false keys, picklocks or similar tools. 3\. The entrance is not required when the doors (of furniture), wardrobes, chest or sealed furniture are broken or taking such objects away to be broken outside the place of robbery. 4\. Other analogous acts **c. What is the evidence needed to file a crime of robbery in an inhabited house or public or edifice devoted for worship or in an uninhabited place or in a private building?** 1\. Testimonial Evidence -- Affidavit of complainant and witnesses 2\. Documentary Evidence -- photographs, videos, police reports and other documents 3\. Object Evidence -- stolen items, weapons and other devices 4\. Other relevant evidence **BRIGANDAGE(Already amended by PD 532)** **a. What law punishes the crime of Brigandage?** Revised Penal Code Article 306-307 **b. What are the elements of Brigandage?** 1\. The offense is committed by at least four armed persons. 2\. The offenders formed a band for the purposes of committing any or all of the following: a\) robbery in the highway; b\) kidnap persons for ransom; c\) attain any other purpose through force and violence. 3\. There is a preconceived or intended victim. 4\. Other analogous acts **NOTE**: Those who profit from the loot are liable as aiding and abetting a band of brigands. **c. What is the evidence needed to file a crime of Brigandage?** 1\. Testimonial Evidence -- Affidavit of complainant and witnesses 2\. Documentary Evidence -- photographs, videos, police report and other documents 3\. Object Evidence -- stolen items, weapons and other devices 4\. Other relevant evidence **THEFT (HURTO)** **a. What law punishes the crime of Theft?** Revised Penal Code Article 308 **b. What are the elements of Theft?** 1\. Any personal property belonging to another. 2\. The personal property is taken with intent to gain. 3\. The taking is without the owner's consent. 4\. Absence of or without violence or intimidation of persons or force upon things. 5\. Other analogous acts **NOTE:** Theft is consummated when the offender is able to take possession of the thing. Once the thief has full possession of the thing, even if he did not have a chance to dispose the same, theft is consummated. **c. What is the evidence needed to file a crime of Theft?** 1\. Testimonial Evidence -- Affidavit of complainant and witnesses 2\. Documentary Evidence -- photographs, videos, police reports and other documents 3\. Object Evidence -- stolen items, weapons and other devices 4\. Other relevant evidence **USURPATION** **a. What law punishes the crime of Usurpation?** Revised Penal Code Article 312-313 **b. What are the elements of the crime of Usurpation?** 1\. The offender takes possession or real property or real right. 2\. The real property belongs to another. 3\. The taking is through violence or by intimidation of persons. 4\. The taking is with intent to gain. 5\. Other analogous acts **c. What is the evidence needed to file a crime of Usurpation?** 1\. Testimonial Evidence -- Affidavit of complainant and witnesses 2\. Documentary Evidence -- photographs, videos, police report and other documents 3\. Object Evidence -- real property rights, weapons and other devices 4\. Other relevant evidence **CULPABLE INSOLVENCY** **a. What law punishes the crime of Culpable Insolvency?** Revised Penal Code Article 314 **b. What are the elements of Culpable Insolvency?** 1\. This offense is committed when a debtor absconds with his property, real or personal, to the prejudice of his creditors. 2\. Insolvency proceedings are not a requirement. 3\. Other analogous acts **c. What is the evidence needed to file a crime of Culpable Insolvency?** 1\. Testimonial Evidence -- Affidavit of complainant and witnesses 2\. Documentary Evidence -- photographs, videos, police report and other documents 3\. Object Evidence -- travel documents and transfer contracts 4\. Other relevant evidence **ESTAFA** **a. What law punishes the crime of Estafa?** Revised Penal Code Article 315 **b. What are the elements of Estafa?** 1\. There is deceit. 2\. There is damage or prejudice to the offended party. 3\. The deceit is through unfaithfulness or abuse of confidence. 4\. Some by means of false pretenses or fraudulent acts or means. 5\. Other analogous acts **c. What is the evidence needed to file a crime of Estafa?** 1\. Testimonial Evidence -- Affidavit of complainant and witnesses 2\. Documentary Evidence -- photographs, videos, police report and other documents 3\. Object Evidence -- stolen items, weapons and other devices 4\. Other relevant evidence **MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT** **a. What law punishes the making or drawing and issuance of a check without sufficient funds or credit?** Batasang Pambansa Bilang 22 **b. What are the acts which constitute the crime of making or drawing and issuance of a check without sufficient funds or credit?** 1\. Any person who makes or draws and issues any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. 2\. Any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank. 3\. Other analogous acts **c. What is the evidence needed to file the actions for violations of BP 22?** 1\. Testimonial Evidence -- affidavit of the complainant and witnesses 2\. Documentary Evidence -- Notice from the bank for insufficiency of funds, demand letter, police records and other pertinent documents 3\. Object Evidence -- the check or any negotiable instruments 4\. Other evidence relevant **ESTAFA AND BOUNCING CHECKS INVESTIGATION** In Estafa cases, there are two elements that are indispensable: Fraud-- the deceit employed to defraud another and the other one is Damage -- which is the injury or damage caused. ESTAFA can be committed through the falsification of a public and/or commercial document. **Elements of Estafa** **a.** **That the accused defrauded another by abuse of confidence, or by means of deceit.** 1\. This element covers the three different ways of committing estafa under Article 315 of the Revised Penal Code. **Take note**: that Art. 315 have three subdivisions, classifying the different forms of estafa according to the means by which the fraud is committed, to wit: a\) By means of false pretense or fraudulent acts. b\) Through fraudulent means. These three may be reduced to two only. The first form under subdivision (i) if known as estafa with abuse of confidence (the abuse of confidence takes the place of deceit), and the second and third forms under subdivisions (ii) and (iii) cover estafa by means of deceit. **b**. **That damage or prejudice capable of pecuniary estimation is caused to the offended party of a third person.** This element is the basis of the penalty. It is necessary that the damage or prejudice is capable of pecuniary estimation because the amount or prejudice is the basis of the penalty for estafa. **c**. **Elements of estafa with abuse of confidence.** 1\. That there is false pretense, fraudulent act or fraudulent means. 2\. That said pretense, fraudulent act or fraudulent means be made or executed prior to or simultaneously with the commission of the fraud. 3\. That the offended party relied on the false pretense, fraudul