CDI-3: SPECIAL CRIME INVESTIGATION

INTRODUCTION

            Special Crime Investigation deals with the study of major crimes based on the application of special investigative technique.

            The study concentrates more on physical evidence, its collection, handling, identification and preservation in coordination with the crime laboratory.  Special Crime Investigation involves a close relationship between the prober in the field and the crime laboratory technician.  They work together as a team, reacting to and extending one another’s theories and findings both working patiently and thoroughly to solve a crime from their investigative discoveries.

            The present criminal justice system in our country, the court relies more on physical evidence rather than extra-judicial confession.

HOMICIDE INVESTIGATION

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

Primary Job of the Investigator

1.    To discover whether an offense has been committed under the law.

2.    To discover how it was committed

3.    Who committed it and by whom it was committed

4.    When it was committed

5.    And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator

1.    When called upon to investigate violent death, he stands on the dead man’s shoes to produce his instincts against those suspects.

2.    The enthusiasm and intelligence the investigator brings in the case marks the difference between a murderer being convicted and set free.

3.    If he interprets a criminal death accidental or natural, a guilty person is set free.

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

Mistakes in the Homicide Investigation    

1.    The mistakes of the homicide investigator cannot be corrected.

2.    The homicide investigator should not cross the three bridges which he burns behind him.  It is important that competent personnel adequately handle the case.

Three Bridges:

a.    The dead person has been moved

b.    The cadaver is embalmed

c.    The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the following:

1.    Corpus delicti or facts that crime was committed

2.    Method of operation of the suspect

3.    Identity of the guilty party

Title Eight

CRIMES AGAINST PERSON

(Destruction of Life)

Art. 246.  Parricide – Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty of parricide.

Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.

Elements:

1.    That a person is killed.

2.    That the deceased is killed by the accused.

3.    That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse, of the accused.

 

Art. 247.  Death or physical injuries inflicted under exceptional circumstances– Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

            If he shall inflict upon them physical injuries of any kind, he shall be exempt from punishment.

            These rules shall be applicable, under the same circumstances, to parents, with respect to their daughters under eighteen years of age, and their seducer, while the daughters are living with their parents.

            Any person who shall promote or facilitate prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Penalty:Destierro(prohibition to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.

 

Art. 248. Murder– Any person who, not falling with the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death, if committed with any of the following attendant circumstances:

1.    With treachery, taking advantage of superior strength, with aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity;

2.    In consideration of a price, reward or promise;

3.    By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles or with the use of any other means involving great waste and ruin;

4.    On occasion of any of the calamities of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity;

5.    With evident premeditation;

6.    With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

Penalty:  Reclusion perpetua (20 years& 1 day to 40 years imprisonment) to death.

Elements of murder:

1.    That a person is killed.

2.    That the accused killed him.

3.    That the killing was attended by any of the qualifying circumstances mentioned in Article 248.

4.    The killing is not parricide or infanticide.

TREACHERY

Plain and simple, there is treachery if the offended party was not given opportunity to make a defense.

MEANING OF PREMEDITATION

            Premeditation is the act of mediating in advance; deliberation upon a contemplated act; a design form to do something before it is done.

            The essence of premeditation is that the execution of the criminal act must be preceded by COOL THOUGHT and REFLECTION upon the resolution to carry out the criminal intent during the space of time SUFFICIENT to arrive at a calm judgment.

There is no evident premeditation without proof of planning.

EVIDENT – Clear to the eye or judgment.

ART. 249.  Homicide – Any person who, not falling within the provisions of Article 246 (Parricide) shall kill another, without the attendance of any of the circumstances enumerated in the next preceding article (Article 248), shall be deemed guilty of homicide.

Penalty:Reclusion temporal (12 years& 1 day to 20 years imprisonment)

ART 255 .Infanticide

            The killing of a child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger.

Penalty: 

1. The penalty provided in parricide and murder shall be imposed.

2. If the crime penalized in this article be committed by the mother of the child to conceal dishonor, she shall suffer the penalty of prision mayor (6 years & 1 day to 12 years imprisonment) in its medium and maximum periods. If committed by maternal grandparents or either of them, the penalty shall be reclusion temporal (12 years& 1 day to 20 years imprisonment).

HOMICIDE INVESTIGATION PROCEDURES

            Criminal Investigation of homicide is a discovery process.  The investigator seeks to discover and document such facts as type of death, identity of the deceased, cause of death and motivation and identity of the perpetrator.  In order to resolve these fundamental questions, the investigation will focus on the cadaver, crime scene and post mortem examination.

            The cadaver is often of prime importance as an investigative factor.  The victim’s body can reveal much through examination of wounds and other types of tracing clues that may be present.

Establishing the Facts of Death 

The first essential step of the homicide investigation is to establish that the victim is, indeed, dead. Police officers do not have the legal authority to pronounce death, only physicians/medical doctor can establish the fact of death.  For this reason, the police officer should never assume death unless the condition of the victim’s body demonstrates death in a totally obvious manner.

A.   Death – death is defined as the absence of life in a living matter.

B.   Kinds of Death

1.    Somatic Death – Clinical Death

It is a complete, continuous, persistent cessation of respiration, circulation and almost all brain functions of an organism. It is usually pronounced by a physician or other members of the family.

2.    Molecular Death- Cellular Death

It is the cessation of life of the individual cells in the whole body, which occurs one at a time after somatic death.

3.    Apparent Death – State of Suspended Animation

It is the state of temporary cessation of vital activities of the body or vital processes were depressed to the minimum compatible with life. This condition is not actually death although classified under the kinds of death, because the person or organism is still alive although it seems that there are no signs of life.

C.   Signs of Death

1.    Cessation of respiration

2.    Cessation of Heart Beating and Circulation

3.    Cooling of the body

4.    Insensibility of the body and loss of power to remove

5.    Changes in the eyes

6.    Changes in the skin

Identifying the Cadaver

Establishing the identity of the victim is important, it will provide tracing clues to the motive and identity of the perpetrator, with the identity known, the investigator can focus attention on the victim’s background and establish a possible motive through such information.  Victims encountered in indoor scenes will normally have identifying data on the body, or such data will be available throughout the crime scene.  In outdoor scenes, such evidence is normally not as readily available, since the victim is removed from the personal environment and also outdoor scene may not be discovered for long period of time; thus evidence may be destroyed by elements of nature or will be lost.  If there are no identifying papers on the victim’s person, fingerprint should be used as means of identification.  If fingerprint identification is unsuccessful, the investigator must rely on other methods to establish identity.

Dental structures are highly resistant to destruction, and are frequently useful when the other portions of the body are totally decomposed (Forensic Odontology). The skeletal remains of the victim may also help to determine identity, as well as yield other types of information.  If bone fractures are noted, they may be used to identify the deceased, but if only corresponding medical records can be located. The widths of the pelvic bones are excellent indicators of the victim’s sex; Determination of the victims age maybe more difficult, in that the victims past the age of eighteen years have generally achieved their maximum skeletal growth. However, general age determination can be established via dental structure.

A.    Points Taken into Consideration when Finding Human Dead Body Elsewhere:

1.    Place where the body was found

2.    Date and time when found

3.    Cause of death

4.    Time when death occurred

5.    Approximate age

6.    Possible occupation

7.    Complete description of the body

B.    Points to be Considered in Identifying a Person

1.    Face

2.    Eyes

3.    Nose

4.    Head

5.    Condition of hair

6.    Mouth

7.    Body built

8.    Height

9.    Weight

10.  Complexion

11.  Hands and feet

12.  Teeth

13.  Clothing

14.  Ornamental

15.  Personal belongings

16.  Identification from spouse, parents, relatives and friends

17.  Files from the police and other law enforcement agencies

18.  Occupational mark

19.  Race

20.  Tattoo marks

21.  Deformities

22.  Birth marks

23.  Physical defects leaving permanent results such as amputation and improper union of the fractured bones

24.  Moles

25.  Scars

26.  Tribal marks

27.  Sexual organ

28.  Blood grouping

Determination of Time of Death (Death Estimates)

            A determination of the time of death should be attempted in all homicide investigations.  This fact is significant because of its investigative importance in corroborating or disputing alibis, or in establishing the victim’s movements prior to death. Determining death is not an exact science.

POST-MORTEM CHANGES

1.    POST-MORTEM LIVIDITY (Livor Mortis)– Discoloration of the body after death; setting of blood in the dependent portions of the body following death).

It is a reddish purple to purple coloration in dependent areas of the body due to accumulation of blood in the small vessels of the dependent areas secondary to gravity.  This pooling of blood begins immediately after death and becomes fixed in approximately 8-12 hours.  The investigator can press on the skin in the dependent regions and if the skin blanches, death has probably occurred less than 12 hours.  This becomes fixed after a while and can tell if the body has been moved. This is not a reliable indicator of time of death. This is a better indicator of whether the body has been moved since death.

The Color of Lividity may Indicate the Cause of Death:

1.  Carbon monoxide poisoning/ cyanide – cherry red to pinkish color

2.  Asphyxia – dark lividity

3.  Phosphorous poisoning – dark brown

TYPES OF LIVIDITY

1.    Hypostatic – Blood is still in fluid form inside blood vessel; change as position of the body changes.  Blood remains fluid in the blood vessel for 6- 8 hours.

2.    Diffusion– Coagulated inside blood vessel; Change in position will not change its location.

Importance of Post-Mortem Lividity

1.    It is a sign of death

2.    It enables the investigator to estimate the time of death

3.    It determines the position of the body after death

4.    It may indicate the cause and manner of death

Characteristics of Post-Mortem Lividity

1.    It occurs in the most extensive areas of the most dependent portion of the body.

2.    It involves the superficial layer of the skin, lungs, intestines, kidneys, and brain.

3.    Color is uniform in the tissues.

4.    It is not elevated from the skin, lungs, intestines, kidneys and brain.

5.    There is no injury to the tissues.

6.    The color may appear and disappear in the tissues by shifting the position of the body in the earlier stages of death.

2.    POST MORTEM RIGIDITY (Rigor Mortis)

Stiffening of the body which occurs 2-6 hours after death and is characterized by hardening of the muscles; the chemical reaction that causes rigidity in the muscle groups or stiffening of the body after death due to the disappearance of Adenosine Triphosphate (ATP) from the muscle.

            -  Rigor mortis disappears with decomposition.

            - Cold and/or freezing will delay the onset of rigor mortis as well as prolong its presence

            - Involves all muscles the same time at the same rate.It appears first in the smallermuscles such as the jaw and then gradually spread to upper and lower extremities.

            -  Instantaneous rigidity can also be found following ingestion of cyanide and strychnine poison.

            Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical countries and 36 to 48 hours during summer in the same.

3.    ALGOR MORTIS(Cooling of the body)

            The body cools following death at approximately 1.5 degrees F per hour, under normal conditions and assuming the body’s temperature at death is 98.6 degrees F (37 degrees C).

Factors Affecting AlgorMortis:

1.    Illness

2.    Clothes

3.    Obesity

4.    Room temperature

4. ONSET AND STAGE OF DECOMPOSITION

      Decomposition is the action of bacteria on the dead body. The onset of decomposition is 1 to 2 days after death and then finally the dead body becomes skeletal remains in months considering the factors that influence the rate of putrefaction.

5.  LIFE CYCLE OF FLIES

            The eggs of ova laid by the flies on the dead body will hatch to form maggots within 24 hours. The maggots will feed vigorously on the damaged dead body, then transform into pupal stage and finally into adult flies within a few days.       

6.  CHANGES IN THE BLOOD

            The blood remains fluid in the body after death after 6-8 hours. After which it gradually clotted or coagulated in a slow process until 12 hours wherein the lividity is already fully developed.

7.  CHANGES IN STOMACH

      It usually takes three to four hours for the stomach to empty its contents after meals.

Examination of the Cadaver at the Crime Scene

            External post mortem appearances are very informative.  The areas of the body showing lividity indicate the position after death. Wounds and their appearance are particularly significant as they often assist in reconstructing the circumstances of a crime, the nature of the murder weapon and the manner of its use.

            Defense wounds are the result of a person’s instinctive reaction of self-protection. It may be found on the hand in the effort of the victim to grasp the wounding instrument or by raising the hand to protect the vital parts of the body.  Absence of defense wound does not eliminate the possibility that the victim made some form of defense.

Common External Injuries Sustained by the Victim from Homicidal Attack

a.    Contusion – an injury in the substance of the skin, discoloration of the surface due to extravasation of blood.  This is due to the application of a blunt instrument.

2. Hematoma – this is the extravasation of blood in the newly formed cavity.
3. Abrasion – an open wound characterized by the removal of the epithelial layer of the skin brought about by the friction against hard, rough object.
4. Incised wound – produced by forcible contact on the body by sharp edge instrument.
5. Stab wound – produced by the forcible application and penetration of a sharp instrument.
6. Punctured wound – penetration of a sharp pointed weapon
7. Lacerated wound – tearing of the skin due to forcible contact of a blunt instrument.

Evidence to Show the Fatal Effects of the Wound

1.    Amount of hemorrhage

2.    Size of the injury sustained

3.    Organs and parts of the body involved

4.    Mechanical effects on vital organs

Gunshot Wounds

            All gunshot wounds result from the entry of a projectile into the body, and the frequent presence of undispersed explosive gases. The relative size and appearance of the wound will be affected by the distance from which the weapon was discharged. Generally, the closer the discharged to the skin, the greater the damage. This damage is due to explosive gases which precede the projectile at close range. In some investigations involving firearms, a determination of whether the death was a homicidal, suicide or accidental is difficult. In making such determination, the distance of the discharge is of great importance. Majority of suicidal and accidental gunshot cases, arm’s length discharges are involved. Accordingly, if the wound indicates discharge beyond the victim’s length, homicide is indicated.

            The location of the wound may also serve to rule out suicide. If the wound is located in an area of the body that is relatively inaccessible to the victim, homicide is indicated. It is also unusual for a suicide wound to be inflicted in an area other than the head of chest. However,there have been a number of suicide cases involving wounds in extremities. The presence or absence of a “suicide note” is a poor indicator of suicide or homicide.

Two Types of Wounds:

1.    entrance wound (POE)

2.    exit wound (POX)

Determination whether the wound is suicidal, homicidal, or accidental

A.    Evidence to prove that gunshot wound is suicidal:

1.     The fire is usually in contact or near contact, as shown by the presence of burning, singeing and tattooing of the area around the gunshot wound.

2.     The presence of usually but one gunshot wound.  In most cases, after a shot, especially at the head, the victim can no longer voluntarily act to inflict another shot.

3.     Portions of the body involved are those accessible to the hand of the victim utilized in committing suicide, he will not think of the difficult way of ending his life unless he has the intention of deceiving the investigators.

4.     History of despondency, family problem which may cause him to commit suicide.

B.    Evidence to show that the wound is accidental:

1. Usually there is but one shot.
2. There is no special area of the body involved
3. Testimony of the witnesses

C.   Evidence to show that the wound is homicidal:

1. The site or sites of the wound of entrance has no point of election.
2. The fire is made when the victim is usually some distance away from the assailant
3. Signs of struggle/ defense wound maybe present in the victim.
4. There maybe disturbance of the surrounding on the account of the previous struggle.
5. Wounding firearm is usually not found at the scene of the crime
6. Testimony of the witnesses

DEATH BY HANGING AND STRANGULATION

Determination whether hanging is suicidal, homicidal, or accidental

1.    Hanging – is a state of injury or death of the body whereby the ligature tightened around the neck by the suspension of the body.

A.   Suicidal Hanging – in death by hanging, it is usually suicidal unless proven otherwise. Some evidence to prove are the following:

1.    Accessible materials used for ligature like rope, rolled beddings, or wires.

2.    Identification of the fibers from the rope in the hands of the victim.

3.    Evidence of movement of the rope on the beam or anchorage from upward and downward as the body has been suspended.

B.   Homicidal Hanging

1.    Presence of defense wound in the body of the victim.

2.    Presence of blood stains and other injuries to the body of the victim.

3.    Presence of signs of struggle in the clothing, furniture, beddings, and others.

4.    Nature of the window, curtains, and doors.

C.   Accidental hanging is not common.

2.    Strangulation

            Strangulation by ligature is usually homicidal and is done by tying the ligature around the neck and the two ends pulled in the opposite direction in such a manner that tightens the ligature. Ligature used may be rope, chain, wires, vines, rolled clothing.

SUICIDES

Ways of Committing Suicide

1.    By cut-throat

2.    By puncturing the left breast

3.    By gunshot

4.    By hanging

5.    By drowning

6.    By poisoning

ACCIDENTAL DEATH

Is death which occurs beyond the sway of ones will and although it comes about through some act of will, lies beyond the bounds of human forceable consequences.

How Accidental Deaths Occur

1.    Examination of the body revealed marked tearing of the wearing apparel, burns of different degrees on the skin surface, wounds of almost any description and almost the whole body is affected by the injury.

2.    History of a thunderstorm that took place in the area.

3.    Evidence of the effects of lighting are found in the vicinity, like damages to house, tress, etc.

4.    Metallic articles are fused or magnetized.

5.    Absence of wound or other injuries indicating suicidal or homicidal death.

6.    Fusion of glass materials in the neighborhood on account of extreme heat.

ELECTROCUTION

Accidental Electrocution

1.    Presence of high voltage wire at the scene of death.

2.    Body surface injuries as probably site of entrance and exit of electric current.

3.    Death develops suddenly as victim not able to get away from the place of electrocution.

4.    Absence of evidence to show suicidal or homicidal.

ROBBERY INVESTIGATION

Article 293 – Robbery in General

            Any person who, with intent to gain, shall take any personal property belonging to another by means of violence or intimidation of any person, or by using force upon anything shall be guilty of robbery.

Elements of Robbery

            1.  That there be personal property belonging to another;

2.  That there is unlawful taking of that property;

3.  That the taking must be with intent to gain; and

4.  That there is violence against or intimidation of any person, or force upon things.

How robbery with force upon things is committed?

            The malefactors shall enter the house or building in which the robbery was committed by any of the following means:

1.    Through an opening not intended for entrance

2.    By breaking any wall, roof, floor or breaking any window or door.

3.    By using false key or picklocks

4.    By using fictitious name or pretending the exercise of public authority

5.    By breaking of doors, wardrobes, closets or any kind of locked or sealed furniture or receptacle

6.    By taking such furniture or objects away to be broken or forced open outside the place of robbery.

General Types of Robbers

1.    Amateurs – motivated by greed, the desire for a thrill and self-testing.

2.    Professionals – are those person who worked as robbers as a trade making it their living and having no other means of income.

Note:  Robbery – This is the taking or personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything.

Two Kinds of Robbery:

1.    Robbery with violence or intimidation; and

2.    Robbery with force upon things.

a.    Belonging to another – person from whom property was taken need not be the legal owner, possession is sufficient.  The property must be personal property and cannot refer to real property.

b.    Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide.

c.    Taking of personal property – must be unlawful; if given in trust – estafa.

d.    As to robbery with violence or intimidation – from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete.

e.    As to robbery with force upon things – thing must be taken out of the building.

f.     Intent to gain – presumed from unlawful taking – intent to gain may be presumed from the unlawful taking of another’s property.  However, when one takes a property under the claim of ownership or title, the taking is not considered to be with intent to gain. (U.S. vs. Manluco, et. al., 28 Phil.360)

g.    When there’s no intent to gain but there is violence in the taking- grave coercion.

h.    Violence or intimidation must be against the person of the offended party, not upon the thing.

i.      General rule: violence or intimidation must be present before the “taking” is complete.

Exception:  when violence results in-homicide, rape, intentional mutilation or any of the serious physical injuries in par. 1 and 2 of ART. 263, the taking of property is robbery complex with any of this crime under ART. 294, even if taking is already complete when violence was used by the offender.

j.      Use of force upon thing – entrance to the building by means described and ART. 299 and 302 (Offender must enter).  The other kind of robbery is one that is committed with the use of force upon anything in order to take with intent to gain, the personal property of another.  The use force here must refer to the force employed upon things in order to gain entrance into a building or a house.  (People vs. Adorno, C.A. 40 0.G.567).

k.    When both violence or intimidation and force upon things concur – it is robbery with violence.

Robbery and Theft, compared.

a.    Both robbery and theft involved unlawful taking as an elements;

b.    Both involve personal property belonging to another;

c.    In both crimes, the taking is done with intent to gain;

d.    In robbery, the taking is done either with the use of violence or intimidation of person or the employment of force upon things; whereas in theft, the taking is done simply without the knowledge and consent of the owner.

Investigative Techniques in Robbery cases:

a.    The investigator must initiate similar preliminary steps upon reaching the crime scene.

b.    Determine the point of entrance and point of exit by the perpetrator.

c.    Determine the value of stolen articles.

d.    The full and detailed description of the stolen articles.

e.    Gather physical evidence.

f.     Determine the modus operandi of the perpetrator as it would give leads in the identification and arrest of the suspect.

g.    Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of piracy.

h.    Coordinate with other law enforcement agencies.

i.      Exploit investigative leads.

j.      Written testimony of the complainant witness.

k.    Accumulate clues and traces at the scene of a crime which will serve to identify the offender.

l.      Develop informants in the local underworld who are aware of the activity of robbery, particularly the activity of the semi-skilled amateur groups. (usually the addict-robber)

m.   Conduct a surveillance of likely fences and uncover and trace back stolen property from its receiver to the robber.

n.    Conduct surveillance of known burglars to ascertain if they are presently committing robbery.

o.    Accumulate information on various types of robber, the known and newcomers whether they are in or out of prison, whether they are active.

p.    Be alert on a modified modus operandi.

q.    In cases where homicide is committed, follow the pattern of homicide investigation.

Physical Evidence to be collected:

1.    Footprints

2.    Fingerprints

a.    Areas of break

b.    Closets – prints may be found in door and jams

c.    Door knobs

d.    Dressers

e.    Pieces of furniture

f.     Bottles and glasses

g.    Walls

h.    Tools

i.      Desks

3.    Clothing – sometimes the robbers exchange their own jackets with that one found.

4.    If a window was broken in effecting entry, glass particles maybe presents in the trouser cuffs and pockets of suspect.  Samples of broken glass should be collected for possible future comparison in the event that a suspect is picked up.

5.    Paint- if a crowbar has been used to force the window, paint may adhere to the tool.  Paint samples should be taken for future comparison.

6.    Tool marks

7.    Tools

8.    Observed odd behavior patterns in the crime scene

9.    Cords and ropes used

10.  Firearms used

11.  Means of escape

Anti-Piracy and anti-highway robbery law of 1974 (P.D. 532)

           

Piracy – any attack upon or seizure of any vessel, or taking away of the whole or part thereof or its cargo, equipment or the personal belonging of its complements or passengers, irrespective of value thereof, by means of violence against or intimidation of persons or force upon things, committed by any persons, including a passengers or member of the compliments of said vessels in Philippine waters.

Highway Robbery/ Brigandage – the seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of persons or force upon things of other unlawful means committed by any person or any Philippine highway.

                       

Anti-Cattlle Rustling Law of 1974 (P.D. 533)

Cattle Rustling – Is the taking away by any means, methods or scheme, without the consent of the owner/raiser, or any of the above animals (cow, carabao, horse, mule or other domesticated member of the bovine family) whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things.  It includes the killing of large cattle, or taking its meat or hide without the consent of owner/raiser.

Anti-fencing law of 1979 (P.D. 1612)

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

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

Article 267 – Kidnapping and Serious Illegal Detention

            Elements:

1.    That the offender is a private individual;

2.    That the kidnaps or detains another, or in any other manner deprives the latter of his liberty;

3.    That the act of detention or kidnapping must be illegal;

4.    That in the commission of the offense, any of the following circumstances is present:

a.    That the kidnapping of detention lasts for more than 3 days

b.    That is committed simulating public authority

c.    That any serious physical injuries are inflicted upon person kidnapped or detained of threats to kill him are made; or

d.    That the persons kidnapped is a minor, female, or a public officer.

Any private individual who shall kidnap or detain another, or in any other manner

deprives him of his liberty.

           

The perpetrator shall suffer the penalty of reclusion perpetua to death if:

1.    The kidnapping or detention shall have lasted for more than five days.

2.    Committed by simulating public authority.

3.    Any serious physical injuries shall have been inflicted upon the person kidnapped or detained or if threat to kill shall have been made.

4.    The person kidnapped or detained shall be a minor, female or public officer.

The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above mentioned were present in the commission of the offense.

Important factors in Kidnapping Cases:

1.   The safe return of the victim

2.   Identification and apprehension of the suspect

Initial Investigative Procedures:

1.    Thorough interview of the victim if already released.

2.    Search of the crime scene

3.    Interview of the possible witnesses

4.    Checking the modus operandi

5.    Possible identification through the photographic files

6.    Coordination with other law enforcement agencies

Kidnapping where ransom is involved:

Phase I.

When a complaint is received, the family of the victim is requested to remain in touch to accumulate information needed.  The following types of information must be taken:

1.    How the demand was made

2.    Request the family to refrain from divulging the contents of the letter, note or call to anyone except to the police authorities.

3.    Emphasize the importance of news blackout as essential to the victim’s safety

4.    Obtain and preserve the ransom note for laboratory examination.

5.    Determine if the family intends to pay the ransom, investigators should avoid giving the opinion as to ransom payments

6.    Find ways and means to verify if the victim is still alive.

7.    Conduct family background investigation

8.    Conduct covert investigation of household helpers

9.    Arrange for wiretapping operations in accordance with RA 4200

10.  Establish possible motives

Phase II.  After the victim has been returned or the body has been located.

            After the victim has been returned dead or alive, the investigation changes, an all-out investigation are conducted in accordance with the second objective, to identify and apprehend the suspects. Investigative procedure includes:

1.    Thorough interview of the victim.  All details should be obtained.

3.    Re interview all witnesses

4.    Conduct surveillance

5.    Determine whether the kidnapper is familiar with the victims, residential area, habits and financial status.

6.    If the victim is dead follow the pattern of homicide investigation

Pointers to be considered in Kidnapping Cases:

1.    Remember that kidnap for ransom gang must be treated as witty, experienced and dangerous armed criminals.

2.    Any slightest mistake on the part of the police would mean death of the victim

3.    Initiate secrecy discipline not only on the victim’s family but also within the police.

4.    Experienced, trusted personnel must be utilized

5.    Equipped with sophisticated communication system

Problems in the Investigation of Kidnapping Cases:

1.    Out of fear, the family of the victim does not want to cooperate with the police.

2.    The case is only reported after payoff of the ransom money or the victim had been found dead.