Crime Investigation 1 PDF

CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE PRELIM COVERAGE Definition Of Technical Terms and Basic scene to render assistance to the victim and Concepts...

CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE PRELIM COVERAGE Definition Of Technical Terms and Basic scene to render assistance to the victim and Concepts to protect and secure the incident scene. 1. Criminal Investigation- Is an art, which 6. Criminal Investigator – A Police Officer deals with the identity and location of the who is tasked to conduct the investigation offender and prove his guilt in a criminal of all criminal cases as provided for and proceeding (Dr. Pedro S. Solis). embodied under the Revised Penal Code/Criminal Laws and Special Laws. A 2. Criminal Investigation- It is the systematic well-trained, disciplined, and experienced method of inquiry that is more on science professional in the field of criminal than an art. The logic of scientific method investigation duties and responsibilities. must, however, be supplemented by the investigator's initiative and resourcefulness. 7. Investigator-on-Case (IOC)/ Duty The sequences of the investigation should Investigator – Shall refer to any PNP be regarded by scientific, operating personnel who is duly designated or framework that requires improvising on the assigned to conduct the inquiry of the part of the investigator (Charles Swanson crime by following a systematic set of Jr., Neil Chamelin and Leonard Territo). procedures and methodologies for the purpose of identifying witnesses, 3. Crime Scene - A venue or place where the recovering evidence, and arresting and alleged crime/incident/event has been prosecuting the perpetrators. The IOC committed. shall assume full responsibility over the crime scene during the conduct of CSI. 4. Crime Scene Investigation (CSI) - Is a comprehensive inquiry of a crime by 8. Scene of the Crime Operation (SOCO) conducting systematic procedure of various – A forensic procedure performed by the investigative methodologies which involves trained personnel of the PNP Crime recovery of physical and testimonial Laboratory SOCO Team through evidence for the purpose of identifying the scientific methods of investigation for the witnesses, and arrest of perpetrator(s) for purpose of preserving the crime scene, prosecution. CSI shall technically gathering information, documentation, commence upon the arrival of the FRs and collection, and examination of all physical conclude with the lifting of the security and other forensic evidence cordon and release of the crime scene by the IOC. 9. After SOCO Report – It is a report rendered and prepared by the Team Leader 5. First Responder (FR) – Are members of of the PNP Crime Laboratory SOCO the PNP or other law enforcement agencies Team, which conducted the scene of the who are mandated and expected to be the crime operations first to respond to calls for assistance in cases of incidents of crime. They generally 10. Crime Scene Search – Is a systematic refer to police officers who have jurisdiction method employed by the SOCO Team, if of the area where the incident or crime has the nature of the case is sensational or taken place and will proceed to the crime sensitive, and the IOC in the conduct of search in the crime scene and in the Handout *Property of STI Page 1 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE surrounding areas where the alleged the investigator in the laboratory- the crime/incident/event has taken place for Criminalist. the purpose of finding and recovering evidence. There are several methods of Duty Of Criminal Investigator crime scene search, which can be employed such as strip search, double strip Establish that, in fact, a crime was committed search, spiral search, zone or quadrant under the law. search, wheel method, etc. 1. Identify and apprehend the suspect. 2. To recover stolen property. 11. Evidence – The means sanctioned by the 3. To assist the state in prosecuting the party Rules of Court, of ascertaining in a judicial charged with the offense. proceeding the truth respecting a matter of fact. These include but are not limited to Job Of the Criminal Investigator documentary, testimonial, electronic and 1. Discover whether an offense has been object evidence, gathered during the committed under the law. investigation 2. After determining what specific offense has been committed, he must discover how, 12. Physical Evidence - Evidence addressed when, where, why, what offense was to the senses of the court that are capable committed. of being exhibited, examined, or viewed by the court. This includes but not limited Phases Of Criminal Investigation to fingerprints, body fluids, explosives, 1. Identifying the criminal hazardous chemicals, soil/burned debris, 2. Tracing, locating, and arresting the criminal bombs, electronic parts used in the 3. Gathering facts and evidence to prove guilt commission of the crime. in criminal proceeding 13. Forensic Evidence - A form of legal Methods Of Identification of Criminal evidence that can be used in a court of law Perpetrator/S to convict a person of a crime and as a Criminal perpetrator/s may be identified category of public presentation; and through the following ways: 14. Jurisdiction – The word “jurisdiction” as 1. Confession and Admission used in the Constitution and statutes 2. Statement of witnesses means jurisdiction over the subject matter 3. Circumstantial Evidence only unless an exception arises by reasons 4. Associative Evidence of its employment in a broader sense. Scene of the Crime Investigation 15. Special Crime Investigation- Deals with Procedures and Response the study of major crimes based on the application of special investigative Initial Phase of Investigation techniques. The study concentrates more The initial phase or the first 72 hours on physical evidence, collection, handling, (“Golden Hour”) of a major, case such as identification and preservation in murder or kidnapping/abduction investigation coordination with the various criminalists (crimes of violence investigation) is crucial. in the crime laboratory. Special crime Since murder, homicide and investigation involves close relationship kidnapping/abduction are considered as either between the investigator in the field and heinous or sensational, the investigator-on- Handout *Property of STI Page 2 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE case shall immediately request for technical response. In many instances, this simply entails assistance of the SOCO Team from the local police personnel failing to adhere to PNP Crime Laboratory Office thru the procedures to minimize contamination such as City/Provincial Office Tactical Operation controlling access to the scene thru a specific Center (TOC). The investigator needs speedy route. and continuous reports on the incident as well as on the results and course of determined On the other hand, the opening stages of an actions. investigation are often the most important in terms of collecting vital forensic evidence and Initial Information Needed by The information, but they are also often the most Investigator-On-Case chaotic and therefore prone to errors. There is also the issue of record-keeping, information Time, place and reasons for the commission of management, staffing and resources, and crime communications, all of which must be attended a. Name of victim/s. to by the investigator and by the Commander b. Possible motive/s. of the Special Investigation Task Group c. Manner of entry of the perpetrator/s (SITG)/case manager if they are to into the crime scene. successfully solve a murder case and ensure d. The manner perpetrator/s flee from the the prosecution of suspect/s. This requires scene. planning and coordination, which are most e. Time the perpetrator/s leave the scene. often overlooked. f. Identity and descriptions of the perpetrator/s and accomplices, if any. Initial Response to The Crime Scene g. Any specific individual to be suspected “The Golden Hour” and the reason thereof. h. Information on vehicle/s used by the Crime Scene Investigation (CSI) - Shall refer perpetrator/s. to the post-incident police operational i. Anything missing from the crime scene procedures undertaken at the crime scene. It or from the victim. presupposes that the crime has been j. Things left by the perpetrators through consummated and therefore investigation is to which he could be traced. (Tracing be commenced with the securing and Evidence) processing of the place of occurrence. The CSI k. Any other incidents, occurrences, start with the arrival of the PNP First circumstances, or observations that Responders (FRs) to the arrival of the Duty could relate to the crime. Investigator/IOC and the SOCO Team until the l. Determine if the area is the primary lifting of the security cordon and release of the crime scene or is the crime happened in crime scene. some other place? If so, secure the primary crime scene. Crime Scene Investigation (CSI) is one of the most critical stages of any criminal Crime Scene Response and Procedures investigation. The initial actions taken at the Once a suspicious death is identified as crime scene by the First Responders, a potential murder case, the actions by the Investigators and SOCO Team members at the “First Responders” attending the scene are outset of the investigation are of such vital critical to the investigation. Studies show that importance that oftentimes their actions would the initial action at the crime scene is the most determine the outcome of the investigation. cited weakness within the investigative However, while CSI is the most important Handout *Property of STI Page 3 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE stage of the investigation in terms of collecting d. writes down the names of all the persons at vital forensic evidence and information, this the crime scene and where they can be initial stage is also often the most chaotic and contacted in the next few hours. Remove therefore prone to errors. them from the scene. Case Reviews of major cases conducted by the e. does not let anyone enter the crime scene DIDM through the European Union- area. This applies to police officers too Philippines Justice Support (EPJUST) unless they have some special reason for Program have revealed that one of the major being there. Exception: First aid measures. sources of confusion at the crime scene is the f. informs the police officer responsible for unclear delineation of functions of the First deciding on who is to carry out the Responder (FR), Investigator-on-Case (IOC) investigation and call-in reinforcements to and the Scene of the Crime Operation (SOCO) the scene. Team of the PNP Crime Laboratory. g. if shots have been fired, secure any evidence of primer particles (gunpowder residue) on A systematic and organized procedure on the hands. crime scene investigation is therefore the key h. if any person has been taken to hospital, see to ensuring that all potential physical evidence to it that a police officer is sent to the is properly preserved and collected, all hospital to take the necessary measures. possible witnesses are identified and i. cordon off a sufficiently large area around documented, and all the necessary basic the crime scene while waiting for procedures are undertaken properly. reinforcements. j. protects the crime scene from alteration. First Responder’s Action k. makes a note of the measures that are taken and the persons who enter the crime scene. The Four Main Tasks of the first officer/s on Also, make a note of the times of important the scene are: events and observations. 1. To give emergency assistance (first Aid) l. photograph and if appropriate video records 2. To apprehend the suspected offender the crime scene and the adjacent area, 3. To protect and if necessary, collect and including people hanging around the scene. preserve evidence; and m. the first responder shall be responsible for 4. To cordon off and protect the area. the control of the crime scene until the arrival of the designated investigator-on- EMERGENCY ASSISTANCE AND case who shall thereafter assume INITIAL ACTIONS responsibility of the crime scene. Life-saving measures must be taken Upon arrival at the scene, the first immediately if there are any signs of life on any responders must: of the victims and/or suspects. This must be done even if a crime is suspected, and the a. gives first aid. Immediately request for measures lead to loss of evidence. assistance from medical experts. b. determines whether a crime has been Apprehend The Suspected Perpetrator committed. In the case of a recent incident, c. apprehends the suspected offender/s. measures must be taken to apprehend the Consider possible entry points, route of perpetrator if possible. All the people at the escape or hiding place of perpetrator/s. crime scene should initially be asked for any information that may be of help. Handout *Property of STI Page 4 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE If information is forthcoming in the form of in the laboratory. The following rules should be description, escape route etc. action should be followed to avoid contamination: taken accordingly, and the information passed on to the local or regional operation centers. It 1. Never let suspects and victims be in the should always be borne in mind that persons at same room or be transported in the same car the crime scene who claim to be witnesses may (not even at different times). in fact be involved in the incident itself. 2. Use protective clothing (overalls, caps, gloves, and disposable shoe coverings) Crime Scene Security and Preservation when entering a crime scene and collecting trace evidence (hair, fibers, blood, Protect and collect evidence secretions, small particles etc.). The main duty of the first responder is, 3. Plan the gathering of on-scene evidence after giving first aid, if necessary, to protect the such that each specific source is handled scene. Protecting and collecting trace evidence separately, if possible. As such, one person involves several different measures that will should carry out the crime scene vary from one scene to another. The first investigation; another should examine the responder should primarily protect the crime suspect’s clothes, car etc., a third- the scene and preserve evidence and, secondly, suspect himself, a fourth- the victim, etc. collect evidence that might otherwise be 4. Cars should preferably be examined on site. destroyed. One important measure when it 5. If a car must be moved, it should be towed. comes to ensuring that evidence is not lost is to Avoid using the seats. If that is unavoidable, avoid contamination. use protective clothing. If the car must be driven, the only person in it should be the Avoid Contamination driver, who should wear protective clothing. When two objects come into contact, A list of the clothes worn by the driver there is always a risk of contamination, i.e., an should be given to the investigating officer. exchange of materials between them. The objects do not have to be in contact since Cordons materials such as fibers and hair may be The purpose of cordons is to make sure suspended in the air. that unauthorized persons do not enter the crime scene. Guarded cordons are always the The best way of avoiding contamination at best. The area should be cordoned off with tape the initial stage is to leave the crime scene or rope and warning signs should be put up. untouched. The persons involved, for example, Make sure that the cordoned off area is victim and suspect, must on no account be sufficiently large. (It is better if the area is allowed to enter the crime scene and always be sufficiently large). kept apart. Such persons should be dealt with by different police officers and transported in Witnesses different vehicles. If it is necessary to recover Do not allow witnesses or suspects to something at the crime scene, an officer who return to or enter the crime scene. Persons at has not been in contact with the persons the scene who are to be questioned should be involved must always do this. taken to separate premises in the vicinity and kept apart from each other, since they may, for Contamination must be avoided example, have valuable information or throughout the material handling chain, from evidence on their bodies that must be collection at the crime scene to the examination transmitted to other persons. Handout *Property of STI Page 5 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE Persons Taken to Hospital shall proceed with the CSI without the If any involved person (suspect or SOCO team and shall utilize CSI Form “4” victim) has been taken to hospital, a police – SOCO Report Forms in the conduct of the officer should go the hospital immediately and CSI (See Template on the next page). take the following measures: 4. The IOC may by himself if the situation so demands, conduct CSI if, there is no 1. Seize/retrieve the person’s clothes and put Provincial Crime Laboratory all pieces of clothing in a separate paper bag Office/Regional Crime Laboratory Office in properly marked as to the time/date and the province. The IOC must, however, place of retrieval, and description of ensure that the correct procedures in the contents. collection of evidence are observed to 2. If the clothes have been taken off, question ensure the admissibility of the evidence. the hospital staff on who took off the 5. The Police Station Operation Center, upon person’s clothes and what has been done directive of the COP, shall make the request with them. for the SOCO team through the 3. Make sure that all trace evidence on victim Provincial/City Operations Center. or suspect are collected and preserved. 6. It shall be the responsibility of the 4. Make sure that suspects and victims are Provincial/City Operations Center to subjected for alcohol and drug test. facilitate the request for the SOCO Team. 5. If shots have been fired, request the PNP 7. Upon the arrival of the SOCO Team, the Crime Laboratory to conduct paraffin test in IOC shall accomplish the CSI Form “2” - order to collect primer particles/gunpowder Request for the Conduct of SOCO (See residue from the person’s hands. Template on the next page) and submit the same to the SOCO Team Leader. The The Investigator-On-Case’s (Ioc) Action SOCO team shall not enter the crime scene unless the IOC makes the official written 1. Upon arrival at the crime scene, the request wherein, he assures the SOCO team Investigator on Case (IOC) shall request for of his presence and support; and a briefing from the First Responder (FR) 8. The IOC shall brief the SOCO Team upon and make a quick assessment of the crime. their arrival at the crime scene and shall 2. At this stage, the IOC shall assume full jointly conduct the preliminary crime scene responsibility over the crime scene and survey. makes a general assessment of the scene, 9. The IOC must, always remain responsible takes a cautious walk-through, jots downs for and in-charge of the crime scene and notes to extensively document/record shall always be present during the whole important factors and establishes the SOCO operations to provide the necessary evidence most likely to be encountered. He support as well as oversee the processing. then defines the extent of the search area, The investigator-on-case shall conduct and determines personnel, organization and interviews and gather as much information equipment needed to make specific as he can at the crime scene. This assignments. From his assessment, he information could be critical in guiding the develops a general theory of the crime scene SOCO Team on which areas to focus in the to set his plan in motion. collection of forensic evidence. 3. Based on the assessment, if the IOC determines that a SOCO team is required, he It is also imperative that whenever a crime shall report the matter to his COP and of violence or any other major or sensational request for a SOCO; otherwise, the IOC crime occurs that an On-Scene Command Handout *Property of STI Page 6 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE Post (OSCP) be immediately established 3. After the termination of the of the crime adjacent to the crime scene. Among others, the scene investigation, the SOCO Team OSCP will be to provide a safe and secured Leader shall brief the IOC on the initial area where the Evidence Custodian may be results and thereafter conduct the final located to receive evidence and where other crime scene survey together with the IOC; operational and administrative activities may and be undertaken. 4. The SOCO Team shall accomplish the CSI Form “4” - SOCO Report Forms (See THE SOCO (Scene of the Crime Operatives) Template on the next page) and furnish the TEAM’S ACTION IOC of copies of the same before leaving the crime scene. Take Note: The SOCO Team shall not join any Release Of the Crime Scene operations conducted by the local police or accompany the FRs or the IOC in going to the a. The IOC shall decide on the lifting of the crime scene. They will only respond upon security cordon and the release of the crime request through the Operations Center and after scene upon consultation with the SOCO the IOC has already made proper assessment of Team Leader and he shall be responsible in the crime scene.” ensuring that all pieces of potential evidence Section 2.2.8 of the PNP Criminal were collected by the SOCO Team as any re- Investigation Manual provides that the Scene entry into the crime scene after its release to of Crime Operation (SOCO) specialists of the the owner will require a Search Warrant Crime Laboratory shall be requested in cases issued by the Court. where the crime scene needs special processing b. The IOC shall accomplish the CSI Form due to its significance or because of its “6” – IOC/Investigator’s CSI Form (See sensational nature. A crime of violence is a Template on the next page) before the significant /sensational case and shall therefore cordon shall be lifted. require the services of the SOCO Team. c. The IOC shall ensure that appropriate inventory has been provided by the SOCO 1. Upon receipt of the Request for Conduct of Team and shall only lift the security cordon Scene of the Crime Operation, the SOCO and release the crime scene only after Team shall then conduct the scene of the completion of the documentation process. crime operations which include among d. The IOC or the COP shall turnover the crime others the narrative description of the crime scene to the owner of the property or where scene, photography, videography, crime the crime scene is a public place, to any local scene search, crime scene sketch, crime person in authority. scene location sketch, physical evidence e. The IOC as well as the SOCO Team shall recording and collection, and other completely fill-up the forms specified. The procedures necessary. IOC shall accomplish and submit the 2. In case the SOCO Team needs to suspend Investigator’s Report with all the required the processing, the Chief of Police shall be attachments to the COP within two (2) primarily responsible and accountable for working days from the date of incidence securing the crime scene and ensuring its (See Template on the next page); and integrity until the return of SOCO Team and f. The CSI Report shall be the first entry in the the conclusion of the Crime Scene Case Folder for the investigation of the Investigation (CSI). incident. Handout *Property of STI Page 7 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE SPECIAL SOCO PROCEDURES contaminate vital evidence; and e. Provide (PNP Investigation Manual 2013) security back up to the SOCO. In cases where the evidence gathered needs special processing due to significant or REPUBLIC ACT No. 8049 sensational cases, the specialists from the Crime Laboratory shall be requested. What is hazing? Hazing is an initiation rite or practice that involves a. In bombing cases, the EOD personnel placing a recruit, neophyte, or applicant in should first clear the area and declare it embarrassing or humiliating situations, such as “secured” prior to entry of the SOCO. The forcing them to do menial, silly, foolish, or other former, before entering the crime scene similar tasks or activities, or subjecting them to must submit to the latter for swabbing. All physical or psychological suffering or injury. evidence collected must be pre-cleared by the EOD prior to documentation. Are there any rules governing hazing in b. In suspected or reported Chemical, fraternities, sororities, or organizations? Biological, Radiological or Nuclear Yes, no hazing or initiation rites are allowed (CBRN) situations, the SOCO shall directly without prior written notice to the school coordinate with the Special Rescue Team of authorities or head of organization seven (7) days the Bureau of Fire and Protection before the before the conduct of such initiation. The notice conduct of the crime scene investigation. must include the names of those to be subjected to c. In mass victim situation, the such activities, the period of the initiation Regional/District SOCO who has activities (which shall not exceed three (3) days), jurisdiction over the area, in addition to their and an undertaking that no physical violence be function, shall act as the FR to the Interim employed by anybody during such initiation rites. Disaster Victim Identification Task Group (IDVI TG) of the PNP Crime Laboratory. What measures must be taken to ensure a safe The IDVI TG shall immediately assess the initiation process? forensic specialists needed to be deployed at The head of the school or organization or their the crime scene and relay the requirements representatives must assign at least two (2) to the PNP Crime Laboratory Headquarters. representatives of the school or organization to be d. The SOCO has motu proprio authority to present during the initiation. These direct all operating units involved in the representatives must ensure that no physical harm police operation to submit their respective of any kind is inflicted upon a recruit, neophyte, personnel for forensic examination; their or applicant. service firearms for ballistic tests; and other pieces of evidence involved expediting the What are the consequences if a person suffers investigation of the case. physical injury or dies as a result of hazing or other forms of initiation rites? Duties of the Territorial Police Unit The officers and members of the fraternity, a. Aid in the evacuation of the injured persons sorority, or organization who actually participated to the nearest hospital. in the infliction of physical harm shall be liable as b. Provide area security. principals. The person or persons who c. Control the crowd at the crime scene. participated in the hazing shall also suffer d. Direct the flow of traffic away from the consequences. crime scene so as not to destroy and Handout *Property of STI Page 8 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE What is the penalty for those who participate The penalty is prison mayor in its minimum in hazing that results in death, rape, sodomy, period (6 years and one day to 8 years). or mutilation? The penalty is life imprisonment (Reclusion What is the penalty for those who participate Perpetua). in hazing that causes physical injuries but does not prevent them from engaging in their What is the penalty for those who participate habitual activity or work? in hazing that causes the victim to become The penalty is prison correccional in its insane, imbecile, impotent, or blind? maximum period (4 years, 2 months and one day The penalty is reclusion temporal in its maximum to 6 years). period (17 years, 4 months and 1 day to 20 years). Can administrative sanctions be imposed What is the penalty for those who participate before conviction? in hazing that causes the victim to lose the use Yes, the responsible officials of the school or of speech or hearing, or to lose an eye, a hand, police, military, or citizen's army training a foot, an arm, or a leg? organization can impose administrative sanctions The penalty is reclusion temporal in its medium on the person or persons charged under this period (14 years, 8 months and one day to 17 years provision even before their conviction. and 4 months). When will the maximum penalty be imposed? What is the penalty for those who participate in hazing that causes the victim to become The maximum penalty will be imposed in any of deformed or lose the use of any part of their the following instances: body, or to be ill or incapacitated for more than a. When recruitment is accompanied by force, 90 days? violence, threat, intimidation, or deceit on the The penalty is reclusion temporal in its minimum person of the recruit who refuses to join. period (12 years and one day to 14 years and 8 b. When the recruit initially consents to join but months). upon learning that hazing will be committed on his person, is prevented from quitting. What is the penalty for those who participate c. When the recruit, neophyte, or applicant is in hazing that causes the victim to be ill or prevented from reporting the unlawful act to incapacitated for more than 30 days? his parents or guardians, to the proper school The penalty is prison mayor in its maximum authorities, or to the police authorities, period (10 years and one day to 12 years). through force, violence, threat, or intimidation. What is the penalty for those who participate d. When hazing is committed outside of the in hazing that causes the victim to be ill or school or institution. incapacitated for 10 days or more, or requires e. When the victim is below 12 years of age at medical assistance for the same period? the time of the hazing. The penalty is prison mayor in its medium period (8 years and one day to 10 years). Who is liable as an accomplice if hazing is conducted in a place? What is the penalty for those who participate The owner of the place where hazing is conducted in hazing that causes the victim to be ill or shall be liable as an accomplice if they have actual incapacitated from 1 to 9 days, or requires knowledge of the hazing but failed to take any medical assistance for the same period? action to prevent it from occurring. Handout *Property of STI Page 9 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE Who is liable if hazing is held in a home? To whom does this section apply? If hazing is held in the home of one of the officers This section shall apply to the president, manager, or members of the fraternity, group, or director or other responsible officer of a organization, the parents shall be held liable as corporation engaged in hazing as a requirement principals if they have actual knowledge of the for employment in the manner provided herein. hazing but failed to take any action to prevent it from occurring. REPUBLIC ACT NO. 7877 Who shall be punished as accomplices for acts of hazing? What is the title of this Act? School authorities including faculty members The Act shall be known as the "Anti-Sexual who consent to hazing or have actual knowledge Harassment Act of 1995." thereof but failed to take any action to prevent it from occurring shall be punished as accomplices What is the policy of the State in relation to for the acts of hazing committed by the sexual harassment? perpetrators. The State shall value the dignity of every individual, enhance the development of Who shall be liable as principals for planning its human resources, guarantee full respect for hazing? human rights, and uphold the dignity of Officers, former officers, or alumni of the workers, employees, applicants for organization, group, fraternity, or sorority who employment, students or those undergoing actually planned the hazing although not present training, instruction or education. when the acts constituting the hazing were committed shall be liable as principals. What is work, education or training-related sexual harassment defined as? Who shall be liable as principals for failing to Work, education or training-related sexual prevent hazing? harassment is committed by an employer, A fraternity or sorority's adviser who is present employee, manager, supervisor, agent of the when the acts constituting the hazing were employer, teacher, instructor, professor, coach, committed and failed to take action to prevent it trainor, or any other person who has authority, from occurring shall be liable as principal. influence or moral ascendancy over another in a work or training or education environment What is prima facie evidence of participation and demands, requests or otherwise requires in hazing? any sexual favor from the other. The presence of any person during hazing is prima facie evidence of participation therein as principal What is considered sexual harassment in a unless he prevented the commission of the acts work-related or employment environment? punishable herein. Sexual harassment is committed when: 1. A sexual favor is made as a condition of What is the consequence for a person charged hiring, employment, re-employment, or under this provision? continued employment, or in granting Any person charged under this provision shall not favorable compensation, terms, conditions, be entitled to the mitigating circumstance that promotions, or privileges. there was no intention to commit so grave a 2. The refusal to grant a sexual favor wrong. result in emitting, segregating, or classifying an employee, which would Handout *Property of STI Page 10 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE discriminate, deprive, or diminish acts of sexual harassment and to provide employment opportunities or procedures for the resolution, settlement, or otherwise adversely affect the prosecution of such acts. employee. 3. The above acts would impair the What specific actions should the employer employee's rights or privileges under or head of office take to prevent sexual existing labor laws. harassment? 4. The above acts would result in an intimidating, hostile, or offensive The employer or head of office shall: environment for the employee. a. Promulgate appropriate rules and regulations in consultation with employees What is considered sexual harassment in an or students/trainees, prescribing the education or training environment? procedure for investigating sexual harassment cases and administrative Sexual harassment is committed when: sanctions. 1. It is committed against someone who is b. Create a committee on decorum and under the care, custody, or supervision of investigation of cases on sexual harassment. the offender. 2. It is committed against someone whose What should the committee on decorum and education, training, apprenticeship, or investigation of cases on sexual harassment tutorship is entrusted to the offender. do? 3. A sexual favor is made a condition to giving a passing grade, granting honors The committee shall: and scholarships, or paying a stipend, a. Conduct meetings with officers and allowance, or other benefits, privileges, or employees, teachers, instructors, professors, considerations. coaches, trainers, and students/trainees to 4. The sexual advances result in an increase understanding and prevent intimidating, hostile, or offensive incidents of sexual harassment. environment for the student, trainee, or b. Conduct investigations of alleged cases apprentice. constituting sexual harassment. c. Include at least one representative from Who can be held liable for sexual management, union (if any), supervisory harassment? rank, and rank-and-file employees in the case of a work-related environment. Any person who: d. Include at least one representative from 1. Directs or induces another to commit any administration, trainers, teachers, act of sexual harassment as defined in this instructors, professors, coaches, and Act. students/trainees in the case of an 2. Cooperates in the commission of sexual educational or training institution. harassment by another person without which it would not have been committed. What should the employer or head of office do to disseminate information about this What is the duty of the employer or head of Act? office in a work-related education or The employer or head of office shall training environment? disseminate or post a copy of this Act for the It is the duty of the employer or head of information of all concerned. office to prevent or deter the commission of Handout *Property of STI Page 11 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE The policy of the State is to recognize the role of What is the liability of the employer or head women in nation-building and ensure the of office, educational or training institution fundamental equality before the law of women and if they are informed of sexual harassment men. acts by the offended party? The employer or head of office, educational or What is the policy of the State regarding training institution shall be solidarity liable for equality, security, and safety for men and damages arising from the acts of sexual women? harassment committed in the employment, The policy of the State is to recognize that both men education or training environment. and women must have equality, security, and safety not only in private, but also on the streets, public Can a victim of sexual harassment still spaces, online, workplaces, and educational and pursue an independent action for damages training institutions. and other relief? Yes, nothing in this Act shall preclude the What is catcalling? victim of work, education or training-related Catcalling refers to unwanted remarks directed sexual harassment from instituting a separate towards a person, commonly done in the form of and independent action for damages and other wolf-whistling and misogynistic, transphobic, affirmative relief. homophobic, and sexist slurs. What penalties will a person who violates Who is an employee? the provisions of this Act face? An employee is a person who, in exchange for Any person who violates the provisions of this remuneration, agrees to perform specified services Act shall, upon conviction, be penalized by for another person, whether natural or juridical, and imprisonment of not less than one (1) month whether private or public, who exercises nor more than six (6) months, or a fine of not fundamental control over the work, regardless of less than ten thousand pesos (P10,000) nor the term or duration of agreement. For the purposes more than twenty thousand pesos (P20,000), or of this law, a person who is detailed to an entity both such fine and imprisonment at the under a subcontracting or secondment agreement discretion of the court. shall be considered an employee. REPUBLIC ACTT 11313 Who is an employer? An employer is a person who exercises control What is the title of this Act? over an employee. For the purpose of this Act, This Act shall be known as the "Safe Spaces the status or conditions of the latter's Act". employment or engagement shall be disregarded. What is the policy of the State regarding human rights? What is gender? The policy of the State is to value the dignity of Gender refers to a set of socially ascribed every human person and guarantee full respect for characteristics, norms, roles, attitudes, values, human rights. and expectations identifying the social behavior of men and women, and the relations between What is the policy of the State regarding them. women's role in nation-building? Handout *Property of STI Page 12 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE What is gender-based online sexual remarks against any person, regardless of the harassment? motive for committing such action or remarks. Gender-based online sexual harassment refers to an online conduct targeted at a particular What are examples of gender-based streets person that causes or likely to cause another and public spaces sexual harassment? mental, emotional or psychological distress, Examples of gender-based streets and public and fear of personal safety. It includes spaces sexual harassment include catcalling, unwanted sexual remarks and comments, wolf-whistling, unwanted invitations, threats, uploading or sharing of one's photos misogynistic, transphobic, homophobic and without consent, video and audio recordings, sexist slurs, persistent uninvited comments or cyberstalking, and online identity theft. gestures on a person's appearance, relentless requests for personal details, statements of What is gender identity and/or expression? sexual comments and suggestions, public Gender identity and/or expression refers to the masturbation or flashing of private parts, personal sense of identity as characterized by groping, or any advances, whether verbal or manner of clothing, inclinations, and behavior physical, that are unwanted and have threatened in relation to masculine or feminine one's sense of personal space and physical conventions. A person may have a male or safety. female identity with physiological characteristics of the opposite sex in which case Where can gender-based streets and public this person is considered transgender. spaces sexual harassment occur? Gender-based streets and public spaces sexual What are public spaces? harassment can occur in any public space, Public spaces refer to streets and alleys, public including alleys, roads, sidewalks, parks, parks, schools, buildings, malls, bars, buildings, schools, churches, restaurants, malls, restaurants, transportation terminals, public public washrooms, bars, internet shops, public markets, spaces used as evacuation centers, markets, transportation terminals, or public government offices, public utility vehicles as utility vehicles. well as private vehicles covered by app-based transport network services and other What are the responsibilities of restaurants, recreational spaces such as but not limited to bars, cinemas, malls, and other privately- cinema halls, theaters, and spas. owned places open to the public? These establishments shall adopt a zero- What is stalking? tolerance policy against gender-based streets Stalking refers to conduct directed at a person and public spaces sexual harassment. They involving the repeated visual or physical shall provide assistance to victims of gender- proximity, non-consensual communication, or based sexual harassment by coordinating with a combination thereof that cause or will likely local police authorities immediately after cause a person to fear for one's own safety or reporting an incident, making CCTV footage the safety of others, or to suffer emotional available when ordered by the court, and distress. providing a safe and gender-sensitive environment to encourage victims to report What is gender-based streets and public incidents at the first instance. spaces sexual harassment? Gender-based streets and public spaces sexual What measures should be taken by harassment is the act of committing any restaurants, bars, cinemas, and other places unwanted and uninvited sexual actions or of recreation? Handout *Property of STI Page 13 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE These establishments shall install clearly- d. Discourage and impose fines on acts of visible warning signs against gender-based gender-based sexual harassment; public spaces sexual harassment, including the e. Create an anti-sexual harassment hotline; anti-sexual harassment hotline number in bold f. Coordinate with the Department of the letters. They shall also designate at least one (1) Interior and Local Government (DILG) on anti-sexual harassment officer to receive the implementation of this Act. complaints and may deputize security guards to apprehend perpetrators caught in flagrante What is the role of the Department of the delicto. Interior and Local Government (DILG) in implementing this Act? What are the penalties for perpetrators of The DILG shall ensure the full implementation gender-based sexual harassment in public of this Act by: utility vehicles? The Land Transportation Office (LTO) may a. Inspecting LGUs if they have disseminated cancel the license of perpetrators found to have or posted a copy of this Act and the committed acts constituting sexual harassment corresponding ordinance; in public utility vehicles. b. Conducting and disseminating surveys and studies on best practices of LGUs in What are the penalties for transportation implementing this Act; operators who commit gender-based sexual c. Providing capacity-building and training harassment in public utility vehicles? activities to build the capability of local The Land Transportation Franchising and government officials to implement this Act Regulatory Board (LTFRB) may suspend or in coordination with the Philippine revoke the franchise of transportation operators Commission on Women (PCW), Local who commit gender-based sexual harassment Government Academy (LGA), and acts. Development Academy of the Philippines (DAP). What happens if a perpetrator is a minor? In case the offense is committed by a minor, the Who are authorized to apprehend Department of Social Welfare and perpetrators of gender-based sexual Development (DSWD) shall take necessary harassment in streets and public spaces? disciplinary measures as provided for under The Metro Manila Development Authority Republic Act No. 9344, otherwise known as the (MMDA), local units of the Philippine National "Juvenile Justice and Welfare Act of 2006". Police (PNP) for other provinces, and the What are the duties of local government Women and Children’s Protection Desk units (LGUs) in enforcing the provisions of (WCPD) of the PNP. this Act? What is the condition for these implementing LGUs shall: bodies to apprehend perpetrators? a. Pass an ordinance to localize the They must have undergone prior Gender applicability of this Act within 60 days of its Sensitivity Training (GST). effectivity; b. Disseminate or post a copy of this Act and Who are the national bodies responsible for the corresponding ordinance; overseeing the implementation of this Act c. Provide measures to prevent gender-based and formulating policies to ensure its strict sexual harassment in educational implementation? institutions; Handout *Property of STI Page 14 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE The Philippine Commission on Women The following acts are unlawful and (PCW), Department of the Interior and Local punishable: Government (DILG), and Department of a. Cursing, wolf-whistling, catcalling, leering Information and Communications Technology and intrusive gazing (DICT). b. Taunting, pursing, unwanted invitations, misogynistic, transphobic, homophobic, and What is the role of the MMDA and local sexist slurs units of the PNP for provinces in addressing c. Persistent unwanted comments on one's gender-based sexual harassment in streets appearance and public spaces? d. Relentless requests for one's personal details They will deputize their enforcers as Anti- such as name, contact and social media Sexual Harassment Enforcers (ASHE) to details or destination receive complaints, apprehend perpetrators e. Use of words, gestures or actions that caught in flagrante delicto, and bring them to ridicule on the basis of sex, gender or sexual the nearest PNP station to face charges. orientation, identity and/or expression f. Persistent telling of sexual jokes, use of What is the purpose of keeping a ledger of sexual names, comments and demands perpetrators who have committed acts g. Any statement that has made an invasion on prohibited under this Act? a person's personal space or threatens the To determine if a perpetrator is a first-time, person's sense of personal safety second-time, or third-time offender. What are the penalties for the first offense of What role will the Department of the these acts? Interior and Local Government (DILG) play The first offense shall be punished by: in addressing gender-based sexual a. A fine of One thousand pesos (₱1,000.00) harassment in streets and public spaces? b. Community service of twelve (12) hours The DILG will ensure that all local government inclusive of attendance to a Gender bodies expedite the receipt and processing of Sensitivity Seminar to be conducted by the complaints by setting up an Anti-Sexual PNP in coordination with the LGU and the Harassment Desk in all barangay and city halls PCW. and setting up CCTV cameras in major roads, alleys, and sidewalks. What are the penalties for the second offense What support services will be provided to of these acts? victims of gender-based sexual harassment The second offense shall be punished Arresto in streets and public spaces? menor (6 to 10 days) or a fine of Three thousand The DILG, Department of Social Welfare and pesos (₱3,000.00) Development (DSWD), Department of Health (DOH), and PCW will coordinate to ensure that What are the penalties for the third offense victims are provided with proper psychological of these acts? counseling support services. The third offense shall be punished by Arresto menor (11 to 30 days) and a fine of Ten What are the specific acts of gender-based thousand pesos (₱10,000.00) sexual harassment in streets and public spaces that are unlawful and punishable by What are the specific acts of gender-based law? sexual harassment in streets and public spaces that involve making offensive body Handout *Property of STI Page 15 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE gestures or exposing private parts for sexual inner thighs, face, buttocks or any part of the gratification? victim's body The following acts are considered gender-based What are the penalties for the first offense of sexual harassment: these acts? a. Making offensive body gestures at someone The first offense shall be punished by b. Exposing private parts for the sexual Arresto menor (11 to 30 days) or a fine of Thirty gratification of the perpetrator thousand pesos (₱30,000.00), provided that it c. Flashing of private parts includes attendance in a Gender Sensitivity d. Public masturbation Seminar to be conducted by the PNP in e. Groping coordination with the LGU and the PCW f. Similar lewd sexual actions What are the penalties for the second offense What are the penalties for the first offense of of these acts? these acts? The second offense shall be punished by The first offense shall be punished by: Arresto mayor (1 month and 1 day to 6 months) a. A fine of Ten thousand pesos (₱10,000.00) or a fine of Fifty thousand pesos (₱50,000.00) b. Community service of twelve (12) hours inclusive of attendance to a Gender What are the penalties for the third offense Sensitivity Seminar to be conducted by the of these acts? PNP in coordination with the LGU and the The third offense shall be punished by: PCW Arresto mayor in its maximum period or a fine of One hundred thousand pesos (₱100,000.00) What are the penalties for the second offense of these acts? What is gender-based online sexual The second offense shall be punished by harassment? Arresto menor (11 to 30 days) or a fine of Gender-based online sexual harassment Fifteen thousand pesos (₱15,000.00) includes acts that use information and communications technology to terrorize and What are the penalties for the third offense intimidate victims through physical, of these acts? psychological, and emotional threats, unwanted The third offense shall be punished by Arresto sexual misogynistic, transphobic, homophobic, mayor (1 month and 1 day to 6 months) and a and sexist remarks and comments online, fine of Twenty thousand pesos (₱20,000.00) invasion of privacy through cyberstalking, and other forms of online harassment. What are the specific acts of gender-based sexual harassment in streets and public Who is responsible for implementing gender- spaces that involve stalking or other forms of based online sexual harassment laws? physical contact? The PNP Anti-Cybercrime Group (PNPACG) is The following acts are considered gender-based primarily responsible for implementing gender- sexual harassment: based online sexual harassment laws. They will a. Stalking receive complaints, develop an online b. Touching, pinching or brushing against the mechanism for reporting real-time gender-based body of the offended person online sexual harassment acts, and apprehend c. Any touching, pinching, or brushing against perpetrators. the genitalia, face, arms, anus, groin, breasts, Handout *Property of STI Page 16 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE What is the role of the Cybercrime judicial, legislative or administrative hearing or Investigation and Coordinating Center investigation. (CICC) in addressing gender-based online sexual harassment? What are the cases where the penalty next The CICC will coordinate with the PNPACG to higher in degree will be applied for gender- prepare appropriate and effective measures to based sexual harassment in streets, public monitor and penalize gender-based online sexual spaces, and online? harassment. The penalty next higher in degree will be applied in the following cases: What are the penalties for gender-based a. If the act takes place in a common carrier or online sexual harassment? PUV, such as jeepneys, taxis, tricycles, or The penalty for gender-based online sexual app-based transport network vehicle harassment is prision correccional in its medium services, and the perpetrator is the driver of period or a fine of not less than ₱100,000.00 but the vehicle and the offended party is a not more than ₱500,000.00, or both, at the passenger. discretion of the court. b. If the offended party is a minor, a senior citizen, or a person with disability (PWD), or What happens if the perpetrator is a juridical a breastfeeding mother nursing her child. person? c. If the offended party is diagnosed with a If the perpetrator is a juridical person, its license mental problem tending to impair consent. or franchise shall be automatically deemed d. If the perpetrator is a member of the revoked, and the persons liable shall be the uniformed services, such as the PNP and the officers thereof, including the editor or reporter Armed Forces of the Philippines (AFP), and in the case of print media, and the station the act was perpetrated while the perpetrator manager, editor, and broadcaster in the case of was in uniform. broadcast media. e. If the act takes place in the premises of a government agency offering frontline What happens if the perpetrator is an alien? services to the public and the perpetrator is a An alien who commits gender-based online government employee. sexual harassment shall be subject to deportation proceedings after serving sentence What is considered gender-based sexual and payment of fines. harassment in the workplace? Are there any exceptions to the acts Gender-based sexual harassment in the constitutive and penalized as gender-based workplace includes: online sexual harassment? a. An act or series of acts involving any Yes, there are exceptions. Authorized written unwelcome sexual advances, requests or orders of the court may permit peace officers to demand for sexual favors or any act of sexual use online records or copies thereof as evidence nature, whether done verbally, physically or in any civil, criminal investigation or trial of the through the use of technology such as text crime. messaging or electronic mail or through any other forms of information and What happens if a record, photo or video is communication systems. in violation of the preceding sections? b. A conduct of sexual nature and other Any record, photo or video, or copy thereof that conduct-based on sex affecting the dignity of is in violation of the preceding sections shall not a person, which is unwelcome, be admissible in evidence in any judicial, quasi- unreasonable, and offensive to the recipient, Handout *Property of STI Page 17 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE whether done verbally, physically or through d. Report acts of gender-based sexual the use of technology such as text messaging harassment witnessed in the workplace. or electronic mail or through any other forms of information and communication systems. What are the liabilities of employers? c. A conduct that is unwelcome and pervasive Employers may be held responsible for: and creates an intimidating, hostile or a. Non-implementation of their duties under humiliating environment for the recipient. Section 17 of this Act, which may result in fines ranging from ₱5,000.00 to ₱10,000.00. What are the duties of employers or other b. Not taking action on reported acts of gender- persons of authority, influence or moral based sexual harassment committed in the ascendancy in a workplace? workplace, which may result in fines ranging Employers or other persons of authority, from ₱10,000.00 to ₱15,000.00. influence or moral ascendancy in a workplace have the duty to prevent, deter, or punish the Who will conduct yearly spontaneous performance of acts of gender-based sexual inspections to ensure compliance with this harassment in the workplace. Act? The Department of Labor and Employment They must: (DOLE) for the private sector and the Civil a. Disseminate or post in a conspicuous place a Service Commission (CSC) for the public sector copy of this Act to all persons in the will conduct yearly spontaneous inspections to workplace. ensure compliance with this Act. b. Provide measures to prevent gender-based sexual harassment in the workplace, such as What is the purpose of Article V of the the conduct of anti-sexual harassment Gender-Based Sexual Harassment in seminars. Educational and Training Institutions? c. Create an independent internal mechanism or The purpose of Article V is to provide a committee on decorum and investigation to guidelines and procedures for educational investigate and address complaints of gender- institutions to prevent and address gender- based sexual harassment. based sexual harassment and sexual violence. d. Provide and disseminate a code of conduct or workplace policy that expresses the What are the responsibilities of educational prohibition on gender-based sexual institutions in addressing gender-based harassment, describes the procedures of the sexual harassment? internal mechanism, and sets administrative Educational institutions must designate an penalties. officer-in-charge to receive complaints, ensure a gender-sensitive environment, adopt What are the duties of employees and co- and publish grievance procedures, and take workers? prompt action to investigate and resolve Employees and co-workers have the duty to: situations. a. Refrain from committing acts of gender-based sexual harassment. What are the consequences for a b. Discourage the conduct of gender-based perpetrator found guilty of gender-based sexual harassment in the workplace. sexual harassment? c. Provide emotional or social support to fellow The educational institution may reserve the employees, co-workers, colleagues, or peers right to strip the perpetrator's diploma or issue who are victims of gender-based sexual an expulsion order. harassment. Handout *Property of STI Page 18 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE What is the role of the Committee on c. Set administrative penalties Decorum and Investigation (CODI) in educational institutions? What is the liability of school heads under CODI is responsible for addressing gender- Section 23 of the Act? based sexual harassment and online sexual In addition to liability for committing acts of harassment in accordance with the rules and gender-based sexual harassment, school heads, procedures contained in their CODI manual. teachers, instructors, professors, coaches, trainers, or any other person who has authority, What are the duties of school heads influence, or moral ascendancy over another in regarding gender-based sexual an educational or training institution may also harassment? be held responsible for: School heads must disseminate the Act, a. Non-implementation of their duties under provide measures to prevent gender-based Section 22 of this Act sexual harassment, create an independent b. Failure to act on reported acts of gender- internal mechanism or CODI to investigate based sexual harassment committed in the and address complaints, provide a code of educational institution conduct or school policy, and ensure equal representation of diverse groups. What are the penalties for violating subsection (a) of Section 23? What are the requirements for the CODI? Any person who violates subsection (a) of this section shall, upon conviction, be penalized The CODI must have: with a fine of not less than five thousand pesos a. Adequate representation of school (₱5,000.00) nor more than ten thousand pesos administration, trainers, instructors, (₱10,000.00). professors, coaches, students, parents, and other stakeholders What are the penalties for violating b. A woman as its head and at least half its subsection (b) of Section 23? members should be women Any person who violates subsection (b) of this c. Equal representation of persons of diverse section shall, upon conviction, be penalized sexual orientation, identity, and expression with a fine of not less than ten thousand pesos d. Impartial members who are not connected or (₱10,000.00) nor more than fifteen thousand related to the alleged perpetrator pesos (₱15,000.00). e. Ability to investigate and decide on complaints within 10 days What is the liability of students who f. Observe due process commit acts of gender-based sexual g. Protect the complainant from retaliation harassment? h. Guarantee confidentiality to the greatest Minor students who are found to have extent possible committed acts of gender-based sexual harassment shall only be held liable for What should be included in a code of conduct administrative sanctions by the school as or school policy? stated in their school handbook. The code of conduct or school policy should: What is the purpose of routine inspections a. Expressly prohibit gender-based sexual under Section 25? harassment The Department of Education (DepEd), the b. Prescribe the procedures of the internal Commission on Higher Education (CHED), mechanism created under this Act and the Technical Education and Skills Handout *Property of STI Page 19 of 20  CRDI 1831- SPECIAL CRIME INVESTIGATION 1 WITH LEGAL MEDICINE Development Authority (TESDA) shall conduct regular spontaneous inspections to ensure compliance of school heads with their obligations under this Act. END OF PRELIM Handout *Property of STI Page 20 of 20