Special Crime Investigation PowerPoint PDF

Wholeheartedly prepared and shared by: PROF. JCDR Part Time Faculty Member De La Salle University – Dasmariñas TeamLeader Special Operations Unit- NCR Drug Enforcement Group- Philippine National Police Special Crime Investiga...

Wholeheartedly prepared and shared by: PROF. JCDR Part Time Faculty Member De La Salle University – Dasmariñas TeamLeader Special Operations Unit- NCR Drug Enforcement Group- Philippine National Police Special Crime Investigation_DE RAMOS_JC 1  It is the commission of an act which is prohibited, or the omission of an act required by the penal/criminal law of an organized state. Special Crime Investigation_DE RAMOS_JC 2  It is an art which deals with the identity and location of the suspect, and provides evidence of his/her guilt in a criminal proceeding. Special Crime Investigation_DE RAMOS_JC 3  A formal inquiry initiated by a government agency in order to discover truth concerning certain issues. Special Crime Investigation_DE RAMOS_JC 4 1. To identify the law violator (suspect). 2. To locate, trace and apprehend the perpetrator. 3. To assist the prosecution of the accused person by providing evidence of his guilt Special Crime Investigation_DE RAMOS_JC 5  The investigation of cases that are unique and often require special training to fully understand their broad significance. Special Crime Investigation_DE RAMOS_JC 6  It is a special study of modern techniques in the investigation of serious and specific crimes including murder, homicide, rape, abortion, robbery, arson kidnapping, blackmail, carnapping and criminal negligence. Special Crime Investigation_DE RAMOS_JC 7  The emphasis is on physical evidence rather than an extra judicial confession.  Special crime investigation focuses on specific crimes which by their nature are difficult and complex to investigate. Special Crime Investigation_DE RAMOS_JC 8  Evidence addressed to the senses of the court that are capable of being exhibited, examined or viewed by the court.  This includes but not limited to fingerprints, body fluid, explosives, hazardous chemicals, soil/burned debris, bombs, electronic parts used in the commission of the crime. Special Crime Investigation_DE RAMOS_JC 9 1. Robbery 2. Arson 3. Kidnapping 4. Abortion 5. Rape 6. Murder 7. Homicide 8. Carnapping 9. Criminal Negligence, Hit and Run cases 10.Drug Cases 11.Bombing 12.Swindling Special Crime Investigation_DE RAMOS_JC 10  The person in charged of carrying out the objectives of an investigation.  Sometimes also referred as “PROBER”. Special Crime Investigation_DE RAMOS_JC 11  To discover whether or not an offense has been committed under the law, after determining what specific offense has been committed.  He must discover how it was committed, by whom, where it was committed, when, and why it was committed. Special Crime Investigation_DE RAMOS_JC 12  WHAT ▪ Specific offense has been committed (Nature of crime)  WHERE ▪ Place/Location/Venue/Jurisdiction*  WHEN ▪ Time and date  WHO ▪ Persons involved (Victims, suspects, possible witnesses)  WHY ▪ Reason/Motive of committing the crime/Intent*  HOW ▪ Manner/method used (Modus operandi) Special Crime Investigation_DE RAMOS_JC 13  In words of Atty. Pablo Pardiñez, former Regional Director of the National Bureau of Investigation (NBI), the Cardinal Points of Investigation (5W’s and 1’H) may also be referred as “INTERROGATIVE PRONOUNS”. Special Crime Investigation_DE RAMOS_JC 14  Perseverance  Intelligence  Honest, incorruptible and with personal integrity.  Understanding with the people and environment.  Keen power of observation.  Resourcefulness ▪ Cited from Dr. Ariel Manlusoc’s reviewer. Special Crime Investigation_DE RAMOS_JC 15  Under the Philippine Public Safety College (PPSC), this is an institution that trains uniformed personnel of the PNP to become certified investigators. Special Crime Investigation_DE RAMOS_JC 16  INFORMATION ▪ Knowledge/data which an investigator acquired from records and persons.  INTERVIEW/INTERROGATION ▪ The questioning of a person believed to possess knowledge that is in official interest to the investigation.  INSTRUMENTATION ▪ The utilization of the various fields of Criminalistics for purposes of examination and identification of physical evidence. Special Crime Investigation_DE RAMOS_JC 17  The action done in the scene of the crime immediately following its detection or reporting. Special Crime Investigation_DE RAMOS_JC 18  Save life, if possible. (“Salvari Vitas”)  Determine whether or not a crime was committed.  Preserve the scene of the crime.  If there are living person who witness the crime, separate such person.  Proper documentation should be made (includes note taking, photographing, sketching, and interview of possible witnesses). Special Crime Investigation_DE RAMOS_JC 19  Searching, collecting, packing, and preservation of evidence.  Transmittal of physical evidence (Chain of custody/possession).  Preparation of offense report (Incident Report), which includes the facts known to the investigator, all actions taken, and all the pieces of evidence seized/recovered. Special Crime Investigation_DE RAMOS_JC 20  An effort extended by the investigator in gathering further information subsequent to the initial investigation report until the case is ready for prosecution. Special Crime Investigation_DE RAMOS_JC 21  Read and be thoroughly conversant with the incident report in order to follow up leads and begin considering other activities in discovering other leads/clues.  View and verify all evidence, and submit for laboratory examination.  Re-interview witnesses/complainant to clarify information.  Evaluate evidence, statements, laboratory findings, and their legal implications. Special Crime Investigation_DE RAMOS_JC 22  Employment of some modern and instrumental/specialized technique in gathering and validating information.  Positively identify, locate and trace, and effect arrest of the suspect.  Conduct thorough interview/interrogation based on the legal standards (RA 7438, RA 9745, Rules of Evidence).  Attempt to recover stolen property/fruits of the crime.  Arranged everything in preparation for prosecution of offense. Special Crime Investigation_DE RAMOS_JC 23 Special Crime Investigation_DE RAMOS_JC 24 Special Crime Investigation_DE RAMOS_JC 25  Any person, who, with intent to gain, shall take any personal property belonging to another, by means of violence against, or intimidation of any person, or by using force upon things upon anything. (Article 293, RPC) Special Crime Investigation_DE RAMOS_JC 26  Means the intent to obtain from the appropriation of the thing some utility, advantage, or benefit. Special Crime Investigation_DE RAMOS_JC 27  It means appropriating a thing belonging to another, and placing it under one’s control or possession. Special Crime Investigation_DE RAMOS_JC 28  Articles 294, 297, and 298 of the Revised Penal Code. – Robbery with violence against or intimidation of persons.  Articles 299 and 302, of the Revised Penal Code. – Robbery with force upon things. Special Crime Investigation_DE RAMOS_JC 29  During nighttime (late midnight).  Forcibly opening the door.  Windows with grills may be opened with the use of iron bar cutter.  Intimidating and coercing the tenant.  Pretending to be government inspectors, bill collectors, etc. (Gaining entry) Special Crime Investigation_DE RAMOS_JC 30  Searching the closets and dressers for valuables such as money and jewelries.  Empties the drawers on the bed or floor to facilitate the search.  To avoid identity, the robbers asked the occupants of the house to lay down prone on the floor.  Robbers usually wear masks. (Procedure inside the house) Special Crime Investigation_DE RAMOS_JC 31  The robbers may just open any available door and leave the place together with the fruits of the crime. (Leaving the building) Special Crime Investigation_DE RAMOS_JC 32 Special Crime Investigation_DE RAMOS_JC 33  FOOTPRINTS  TIREPPRINTS (If vehicle is used)  LATENT PRINTS (or Fingerprints) ▪ Areas of entrance and exit ▪ Closets – prints may be found in doors and jumbs ▪ Door knobs ▪ Dressers ▪ Pieces of furniture ▪ Bottles and glasses ▪ Walls ▪ Tools ▪ Desks and tables Special Crime Investigation_DE RAMOS_JC 34  CLOTHINGS  PAINT  TOOL MARKS  TOOLS or INSTRUMENTS USED  PERSONAL IDIOSYNCRACIES ▪ i.e. mannerism – eating food or drinking softdrinks or intoxicating beverages on the premises, before, during or after the commission of the crime. Special Crime Investigation_DE RAMOS_JC 35 Special Crime Investigation_DE RAMOS_JC 36  AMATEURS ▪ Motivated by greed, want, or desire for the thrill, or need for self-testing.  PROFESSIONALS ▪ Composed of criminals whose records consist of several serious crimes. ▪ They operate in small groups of three (3) or four (4) persons. ▪ They are serious-minded, fairly competent, and often dangerous. Special Crime Investigation_DE RAMOS_JC 37 Special Crime Investigation_DE RAMOS_JC 38 Special Crime Investigation_DE RAMOS_JC 39 Special Crime Investigation_DE RAMOS_JC 40 Special Crime Investigation_DE RAMOS_JC 41  TARGET ▪ Usually small branch bank because larger bank involves greater hazard.  TIME ▪ The time of commission is during opening, lunch hour, closing hour, or any time wherein the least number of people is present. Special Crime Investigation_DE RAMOS_JC 42  CRAFT or DISGUISES ▪ By wearing dark glasses, hood, or mask. ▪ Most robbers wear hat or caps to conceal their hair.  INSTRUMENT OR WEAPON USED ▪ Prefer use of handgun and high-powered long arm, together with hand grenade and teargas. ▪ Usually use a borrowed or stolen car as their get away car. ▪ Others use their own car with stolen license plates. Special Crime Investigation_DE RAMOS_JC 43  IMMEDIATE PURSUIT ▪ The police must act with dispatch. Mobile units should be dispatched by radio to the crime scene.  ALARMS AND NOTIFICATION ▪ The radio dispatcher should transmit an alarm to neighboring police stations.  CHECKPOINTS ▪ All possible route of escape must be well-guarded by the checkpoints.  APPREHENSION AT THE SCENE Special Crime Investigation_DE RAMOS_JC 44 Special Crime Investigation_DE RAMOS_JC 45  Defined as the taking with intent to gain, a motor vehicle belonging to another person, without the latter’s consent or by means of violence or intimidation of person or by using force upon things. Special Crime Investigation_DE RAMOS_JC 46  shall mean any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Special Crime Investigation_DE RAMOS_JC 47 Special Crime Investigation_DE RAMOS_JC 48  THEFT is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. Special Crime Investigation_DE RAMOS_JC 49  Means the intent to obtain from the appropriation of the thing, some utility, advantage, or benefit.  Translated in Latin as “ANIMUS LUCRANDI” or “ANIMUS FURANDI” Special Crime Investigation_DE RAMOS_JC 50  Pedro, with intent to gain, steals the cellphone of Juan while the latter is not around, is guilty of what crime?  A. Theft  B. Robbery  C. Carnapping Special Crime Investigation_DE RAMOS_JC 51  Juan, with intent to gain, without intimidation of Pedro, the owner of the wrist watch, breaks the closet where the item is enclosed, is guilty of what crime?  A. Theft  B. Robbery  C. Carnapping Special Crime Investigation_DE RAMOS_JC 52  1. Any person, who having found lost property, shall fail to deliver the same to the local authorities, or to its owner. Special Crime Investigation_DE RAMOS_JC 53  Brenda Mage, while walking in her way home, found a wallet containing ID cards, and cash value amounting to 20 pesos. In her mind, there is no need to return such wallet since it may not be valuable to the owner. Is Brenda Mage be held liable for theft?  A. True  B. False  C. Yes  D. No Special Crime Investigation_DE RAMOS_JC 54  2. Any person, who, after having maliciously damaged the property of another, shall remove or make use of the fruits or objects of the damage caused by him; and Special Crime Investigation_DE RAMOS_JC 55  3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another without the consent of its owner shall hunt or fish upon the same, or shall gather fruits, cereals, or other forest or farm products. Special Crime Investigation_DE RAMOS_JC 56  Theft is qualified if any of the following circumstances is present: ▪ If the offender is a domestic servant ▪ If it is committed with a grave abuse of confidence, or ▪ By the nature of the property, which is either: ▪ Motor vehicle; ▪ Mail matter; ▪ Coconuts taken from a plantation; or ▪ Fish taken from a fishpond or fishery. ▪ Timber smuggled from an illegal cutting of logs in public forests reserves. Special Crime Investigation_DE RAMOS_JC 57  A: Drivers, maids, baby sitters, gardeners, helpers, and the likes, which are being entrusted to offer their services. Special Crime Investigation_DE RAMOS_JC 58  Mario, a postmaster, opened the mail that he may be sending after assuming that there is a money bill inside, may be held liable for _____________. A. Robbery B. Theft C. Qualified Theft D. Carnapping Special Crime Investigation_DE RAMOS_JC 59  Top 10 Modus Operandi of the most common Crimes in Manila and other areas in the Philippines Top 10 Modus Operandi of the most common Crimes in Manila and other areas in the Philippines Top 10 Modus Operandi of the most common Crimes in Manila and other areas in the Philippines Cited from: http://ncrpo.pnp.gov.ph/index.php/crime-prevention-tips/30- top-10-modus-operandi-of-the-most-common-crimes-in-manila-and- other-areas-in-the-philippines Special Crime Investigation_DE RAMOS_JC 60  Scene of the crime: Thieves prey on workplaces with little or no security, usually during lunch hour or the afternoon break when employees leave their desks.  Plan of attack: Taking advantage of offices’ downtime, these intruders sneakily work their way in. They may take on different disguises like posing as an employee’s friend, visitor, or as a messenger--complete with a Visitor’s ID. They target valuables like mobile phones, cash, laptops and credit cards. Special Crime Investigation_DE RAMOS_JC 61  Defense mechanism:  Unless your office has implemented extremely tight security measures, it may be wise to bring your valuables in a small bag wherever you go, or lock them up somewhere thief-proof.  Definitely a hassle but it’s a lesser struggle compared to slaving away to pay for someone else’s shopping splurge.  If an intruder has already hit your workplace, report the incident immediately. File charges if security catches him or her. Special Crime Investigation_DE RAMOS_JC 62  Scene of the crime: Usually in the vicinity of ATMs, where scammers try all sorts of things to make a quick buck at the cost of unsuspecting card owners.  Plan of attack: ATM scammers have become more technology-savvy through the years. For instance, in 2007, they used magnetic rulers to trap money, surveillance cameras and external keypads to get PINs, and scheme machines to read ATM card information. In 2008, they used a detachable aluminum contraption and some sort of paste to trap money. In 2009, police discovered a new kind of scam, the ATM card switching. Special Crime Investigation_DE RAMOS_JC 63  M.O. works: If you have just withdrawn money from an ATM, a scammer may approach you and tell you that you left a P500 bill behind. He or she will suggest that you check your ATM balance. As you do so, the scammer will sneakily memorize your PIN and drop a P500 bill on the ground. When you pick it up--as you are most probably inclined to do--the scammer will swipe your card and replace it with a fake one. Special Crime Investigation_DE RAMOS_JC 64  Defense mechanism:  The public is advised to lock ATM booth doors when they are inside, bring someone along when withdrawing money, cover the keypad when typing the PIN, and move to another ATM when there are suspicious people around, among others. Special Crime Investigation_DE RAMOS_JC 65  Scene of the crime: Not as visible anymore as they were years ago, the Zesto Gang members scam bus passengers through quick tactics of distraction, confusion and intimidation. Named after the eponymous juice packs, the gang sometimes doesn’t even sell actual Zesto juice packs. Special Crime Investigation_DE RAMOS_JC 66  Plan of attack: A Zesto Gang member comes up to you in a bus, with bills of cash folded lengthwise and wound around the fingers by denomination in typical bus conductor style, and nonchalantly asks, "Ilan?" ("How many?") Thinking he or she is the bus conductor, you say how many people you’d like to pay the fares of, not knowing that the scammer is supposedly actually asking how many juice packs you’d like to buy. After getting your money, the gang member magically produces juice packs from out of nowhere, swiftly pokes straws in them and shoves them in front of you. Special Crime Investigation_DE RAMOS_JC 67  And even if you doth protest to say, "But I thought..." or "That’s not what I...," you will curtly be told, too late, "Naitusok ko na eh," meaning they can no longer be sold, thanks to your (purported) hearing deficiency, and so rather than make a fuss or argue, you just sip in meek silence. Even more appalling? Scammers jack up the price of the juice pack to as much as ten times the actual price. Special Crime Investigation_DE RAMOS_JC 68  Defense mechanism: Check out loud if the person asking for your money is indeed the conductor replete with the requisite ID, bus tickets, and uniform, the top of which can range from a short-sleeved polo to a casual polo shirt with an embroidered bus logo (but beware, this too, can be faked). Look behind him or her for a mysterious pail or bag of juice packs! Special Crime Investigation_DE RAMOS_JC 69  Scene of the crime: Car thieves trail you from the airport and repeatedly attack your car until you are forced to give it up. Based on the reported incidents this year, this scheme is usually executed before dawn. Plan of attack: Carnapping suspects are believed to pick victims among passengers seen at the airport terminal before dawn, according to Inquirer.net. Once their chosen passengers are on the road, they repeatedly bump the rear portion of their victims’ vehicle, forcing them to stop. If they don’t, the carnappers speed up to the front of the victims’ vehicle and cut off their way. The carnappers don’t pick a particularly secluded area probably because the pre-dawn darkness gives them privacy.. Special Crime Investigation_DE RAMOS_JC 70  Defense mechanism: The Philippine Star columnist Cecile Van Straten (a.k.a. blogger Chuvaness) suggests "booking a flight that doesn’t arrive in the early hours of the morning," "avoiding C-5 and Shaw Boulevard especially at odd hours," and "locking your doors at all times (and stepping) on the gas... if somebody bumps your car," among others. This is also applicable to other major highways in the country. Special Crime Investigation_DE RAMOS_JC 71  Scene of the crime: Carnappers pose as buyers who will test drive the car you’re selling--and later steal it at gunpoint.  Plan of attack: Faux buyers respond to your "car for sale" ad and ask for a test drive. So, of course, you accompany them. Later, they drive the car to a secluded area where they force you out at gunpoint. Talk about seller’s remorse. Special Crime Investigation_DE RAMOS_JC 72  Defense mechanism: To avoid this carnapping trap, it’s best to let a seasoned used car dealer handle the sale, says Top Gear associate features editor Dinzo Tabamo. If you want to sell the vehicle yourself, Tabamo suggests you dictate the test driving route and bring along one or two companions. If the "buyers" balk at this, then you should refuse to let them take your car for a ride. We also suggest discreetly taking photos of all potential buyers before you go on a test drive. This way, if they turn out to be thieves, you’d have something the police could use to hunt them down. Special Crime Investigation_DE RAMOS_JC 73  Scene of the crime: Condominiums, apartment buildings, and townhouse compounds, according to 24 Oras. Plan of attack: Thieves invade units that are left unlocked or simply break into random units. Once inside, they ransack the place for valuables. To top it all off, some thieves also vandalize the units they invade.  Defense mechanism: Lock the door even when you’re inside the condo unit. Add a chain lock (this one, if you dare). Ask the landlord to beef up the security or at least make sure the guards aren’t sleeping on the job. Special Crime Investigation_DE RAMOS_JC 74  Scene of the crime: During a show or event, crooks sneak into the area behind the stage or inside the dressing rooms, where the commotion provides great cover for their criminal activities.  Plan of attack: Thieves can easily pose as aides, assistants, yayas or utility personnel and blend in with the crowd. They can pick up, say, a laptop, a wallet, or a designer bag and quickly run, or even casually and nonchalantly walk off with it without anyone knowing or minding. Special Crime Investigation_DE RAMOS_JC 75  Defense mechanism: If you’re part of a show, event or function, designate someone to watch over your belongings at all times or designate a locked room or office as a holding room for your belongings. Notify the authorities if you notice any suspicious- looking people sneaking around, although thieves do have a knack for blending in. Special Crime Investigation_DE RAMOS_JC 76  Scene of the crime: Salisi Gang members lurk anywhere where there are people--malls, restaurants, fastfood joints, computer shops, bars, and clubs--and are just waiting for you to get distracted. Even the most tony hangouts of the elite are not exempt from these chameleons who have mastered the art of blending in and the art of distraction. Plan of attack: Just because the person next to you is dressed well or "looks normal," it doesn’t mean he or she has no criminal intentions. Special Crime Investigation_DE RAMOS_JC 77  The gang members either divert their victims’ attention or wait until their targets are distracted before they move in for the kill. In a video that was supposedly shot in a major fastfood chain, a trio successfully steals a handbag from a nearby table (pay attention to the woman on the left). The bag owner realizes what has happened a few seconds too late. Special Crime Investigation_DE RAMOS_JC 78  Defense mechanism: Constant vigilance! Keep your bag on your lap (not behind you on your seat) and be cautious about leaving it on another chair, and keep an eye on it at all times. Bring a bag hook so your bag is kept under the table. Don’t casually leave your cellphone, laptop or camera on the table where it can easily be grabbed in a split-second. Take precautions especially when out at night. Thieves are only too happy to see inebriated women in clubs dancing with wild abandon, unmindful of their evening bags, phones and cameras exposed on cocktail tables, ready for the taking. Wear a wrist-strap clutch instead and keep all your belongings in it. Special Crime Investigation_DE RAMOS_JC 79  Scene of the crime: This group robs affluent homes by tricking unsuspecting house helpers into helping them get to the homeowners’ cash and valuables stash. Plan of attack: Remember that PLDT caller I.D. commercial? That’s basically how the Dugo-Dugo Gang operates. After casing a household, the gang members wait for the opportune moment when only the helper is in the house. The scammers call and pretend that a family member has been hurt and needs money for a surgery or medical procedure of some sort. Then they pressure the helper into forcing open the family safe, locked drawers, and the like to get cash and other valuables. The helper is then told to turn over the loot to the gang members. Special Crime Investigation_DE RAMOS_JC 80  Defense mechanism: Tell helpers and everyone in the house about this scam. To find out if they actually remembered what you said, pretend to be a Dugo-Dugo Gang member and make them go through a drill. Take it a step further by rewarding those that keep their wits about them. Special Crime Investigation_DE RAMOS_JC 81  Scene of the crime: The Budol-Budol Gang can strike anywhere using their alleged powers of hypnotism and "boodle" or counterfeit money--hence the name--that turn out to be just sheets of paper. Interestingly, Google Translate says "budol" means "gullible person."  Plan of attack: Their M.O. may have evolved over the years but here’s their basic tactic: They lure or blackmail their victims into giving them valuables or cash in exchange for a bag filled with fake bills or products. In one reported instance in 2008, two suspected Budol-Budol Gang members managed to get a cellphone, a Walkman, and P2,000 from an unidentified 16-year-old girl in Cebu. The male and female suspects claimed they were looking for a vehicle to transport their things. Before they went to search for a vehicle, they asked the girl to hold on to a bag supposedly filled with money. In return, they got the girl to give them her valuables as a sort of safety deposit. It wasn’t long before the girl discovered the bag contained only fake bills. In 2005, a victim identified only as Marie claimed some Budol-Budol Gang members hypnotized her into giving them her money, jewelry, and mobile phones. She said she did not remember much after a man allegedly engaged her in small talk while she was walking along Ortigas Avenue. All she could recall was getting inside a certain van, drinking a glass of water, and handing over two years’ worth of savings of her seaman husband. All that in exchange for a black bag stuffed with sheets of paper. Special Crime Investigation_DE RAMOS_JC 82  Defense mechanism: First of all, bear in mind one of the first things everyone learns as a kid: Don’t talk to strangers. Of course, that can’t be helped sometimes so remember another basic rule: Don’t accept candy from strangers. In this case, if strangers are giving you something as "sweet" as a bagful of cash, you better refuse. If you’re afraid of being hypnotized, find out how the controversial phenomenon supposedly works to avoid succumbing to it. Special Crime Investigation_DE RAMOS_JC 83 Special Crime Investigation_DE RAMOS_JC 84  Defined as the taking away by any means, methods or scheme, WITHOUT THE CONSENT of the owner/raiser, of any of the animals considered as large cattle whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things.  It includes the killing of large cattle, or taking its meat or hides without the consent of the owner/raiser Special Crime Investigation_DE RAMOS_JC 85  Includes cow, carabao, horse, mule, ass, or other domesticated member of the bovine family.  Note: GOATS are not large cattle. Special Crime Investigation_DE RAMOS_JC 86  The value of the large cattle involved is IRRESPECTIVE in convicting the person for violation of P.D. 533. Special Crime Investigation_DE RAMOS_JC 87  The owner/raiser of the any of the mentioned large cattle shall, before the large cattle belonging to him shall attain the age of six (6) months, register the same with the office of the city or municipality concerned which may impose and collect the fees, authorized by existing laws for such registration and issue a certificate of ownership to the owner/raiser. Special Crime Investigation_DE RAMOS_JC 88  "Every person having in his possession, control or custody of large cattle shall, upon demand by competent authorities, exhibit the documents prescribed in this law.  Failure to exhibit the required documents shall be prima facie evidence that the large cattle in his possession, control or custody are the fruits of the crime of cattle rustling." Special Crime Investigation_DE RAMOS_JC 89  Prima facie evidence refers to the “fact presumed to be true unless otherwise disproved”.  So it is presumed that the cattle rustling is committed by the person having possession, control or custody of large cattle failing to exhibit any document prescribed in the law to the competent authorities. Special Crime Investigation_DE RAMOS_JC 90 Special Crime Investigation_DE RAMOS_JC 91  FENCING – It is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell, or any manner deal in any article, item, object, or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. Special Crime Investigation_DE RAMOS_JC 92  FENCE – Includes any person, firm, association, corporation or partnership or other organization who, which commits the act of fencing. Special Crime Investigation_DE RAMOS_JC 93  If A buys or sells the phone derived either from crimes of robbery or theft, may be held liable to what crime?  A. Robbery/Theft as accomplice.  B. Robbery/Theft  C. Qualified Theft  D. Violation of P.D. 1612 Special Crime Investigation_DE RAMOS_JC 94 Special Crime Investigation_DE RAMOS_JC 95  Mere possession of any good, article, item, object or anything of value which has been the subject of robbery or thievery, shall be prima facie evidence of fencing. Special Crime Investigation_DE RAMOS_JC 96  The law does not require proof of purchase of the stolen articles by petitioner, as mere possession thereof is enough to give rise to a presumption of fencing. It was incumbent upon petitioner to overthrow this presumption by sufficient and convincing evidence Special Crime Investigation_DE RAMOS_JC 97  PD 1612, Section 2 thereof requires that the offender buys or otherwise acquires and then sells or disposes of any object of value which he knows or should he known to him to have been derived from the proceeds of the crime of robbery or theft (Caoili v CA; GR 128369, 12/22/97). Special Crime Investigation_DE RAMOS_JC 98  In violation of the Anti-Fencing Law, actual knowledge by the “fence” of the fact that property received is stolen displays the same degree of malicious deprivation of one’s rightful property as that which animated the robbery or theft which by their very nature are crimes of moral turpitude. (Dela Torre vs. COMELEC 07/05/96) Special Crime Investigation_DE RAMOS_JC 99  The law on fencing does not require the accused to have participation in the criminal design to commit or to have been in any wise involved in the commission of the crime of robbery or theft.  Neither is the crime of robbery or theft made to depend on an act of fencing in order that it can be consummated (People vs. De Guzman, GR 77368). Special Crime Investigation_DE RAMOS_JC 100 ▪ All stores, establishments or entities dealing in the buy and sell of any good, article, item, object or anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Philippine National Police in the town or city where such store, establishment or entity is located. Special Crime Investigation_DE RAMOS_JC 101 Special Crime Investigation_DE RAMOS_JC 102  Elements: ▪ Committed by a public officer. ▪ By reason of his duties, he is accountable for public funds and properties; and ▪ He appropriates, takes or miappropriates, or permits other persons to take such public funds or property, wholly or partially. Special Crime Investigation_DE RAMOS_JC 103  Malversation by appropriating, misappropriating or permitting other persons to take public funds or property (Article 217, RPC).  Failure of accountable officer to render an account (Article 218, RPC).  Failure of a responsible public officer to render accounts before leaving the country (Article 219, RPC).  Illegal use of public funds or property (Article 220, RPC).  Failure to make delivery of public funds or property (Article 221, RPC). Special Crime Investigation_DE RAMOS_JC 104  To prove that a public officer has committed the crime of malversation, the services of an accountant is necessary. Special Crime Investigation_DE RAMOS_JC 105  Disappearance of the embezzler  By inspection  By information  By accident Special Crime Investigation_DE RAMOS_JC 106  http://www.bigwas.com/2014/11/special-crime- investigation-reviewer.html  http://criminologyboardexamreviewer.weebly.com/sp ecial-crime-investigation.html  http://taylorzero.blogspot.com/2011/05/anti-fencing- law-pd-1612.html  http://dailyservingoflegalmatters.blogspot.com/2014/ 07/beware-of-buying-secondhand-goods-to.html  http://ncrpo.pnp.gov.ph/index.php/crime-prevention- tips/30-top-10-modus-operandi-of-the-most- common-crimes-in-manila-and-other-areas-in-the- philippines Special Crime Investigation_DE RAMOS_JC 107