Criminal Investigation upon are to establish the them any serious physical injury,

The collection and analysis of following: shall suffer the penalty of

facts about persons, things, and destierro.
places that are subjects of a crime 1. Corpus delicti or facts that
to identify the guilty party, locate crime was committed. If he shall inflict upon them
his/her whereabouts, and provide 2. Method of operation of the physical injuries of any other kind,
evidence of his guilt. suspect he shall be exempt from
Special Crime Investigation 3. Identity of the guilty party punishment
Deals with the study of major
Requisites of Death or
crimes based on the application of
physical injuries inflicted
special investigative technique.
under exceptional
Criminal Investigation as an
circumstances
ART
It is considered an art because it 1. A legally married person or
is not governed by rigid rules or parent surprises his spouse or
fixed legal procedures, but most PARRICIDE daughter (the latter must be
often based on intuition and ELEMENTS OF PARRICIDE under 18 and living with them) in
sometimes by chance. the act of committing sexual
Criminal Investigation as a 1. that a person is killed intercourse with another person
SCIENCE 2. That the deceased is killed by
It involves the application of the accused 2. He/she kills any or both of them
knowledge or forensic science in 3. That the deceased is the father, or inflicts upon any or both of
the process of identifying, mother, or child, whether them any serious physical injury
locating, collecting, processing, legitimate or illegitimate, or a in the act or immediately
and evaluating of physical legitimate other ascendant or thereafter
evidence. other
3. He has not promoted or
Criminal Investigator descendant, or the legitimate
facilitated the prostitution of his
A skilled person who has the duty spouse, of the accused
wife or daughter, or that he has
of conducting criminal WHAT IS THE ESSENTIAL
not consented to the infidelity of
investigation. ELEMENT OF PARRICIDE?
the other spouse.
Cardinal Points of Criminal
Investigation “Relationship of the offender MURDER
What, Where, When, Whom, with the victim”
Why Any person who, not falling with
HOMICIDE INVESTIGATION IN CASE OF PARRICIDE OF the provisions of Article 246, shall
Official inquiry made by the police SPOUSE, WHAT’S THE BEST kill another, shall be guilty of
on the facts and circumstances PROOF OF THERELATIONSHIP murder and shall be punished by
surrounding the death of a person BETWEEN ACCUSED AND THE reclusion Perpetua to death, if
which is expected to be unlawful. DECEASED? committed with any of the
Primary Job of Investigator following attendant
1. To discover whether an offense “MARRIAGE CERTIFICATE” circumstances:
has been committed under the
PARRICIDE 1. With treachery, taking
law.
“ILLEGITIMATE” advantage of superior strength,
2. To discover how it was
committed. with aid of armed men, or
All children born out of employing means to weaken the
3. Who committed it and by whom
wedlock. defense or of means or persons to
it was
Includes: insure or afford impunity;
committed.
(a) adulterine
4. When it was committed. 2. In consideration of a price,
(b) incestuous
5. And under certain reward or promise;
(c) sacrilegious
circumstances why it was
committed. 3. By means of Inundation, fire,
Death or physical injuries poison, explosion, shipwreck,
Three bridges inflicted under exceptional stranding of vessel, derailment or
circumstances assault upon a railroad, fall of an
1. The cadaver is embalmed. airship, or by means of motor
2. The dead person has been Any legally married person who vehicles or with the use of any
moved. having surprised his spouse in the other means involving great
3. The body is burned or act of committing sexual waste and ruin;
cremated. intercourse with another person,
shall kill any of them or both of 4. On occasion of any of the
Basic guide for the them in the act or immediately calamities of an
investigator to look thereafter, or shall inflict upon earthquake,eruption of a volcano,
destructive cyclone, epidemic or provisions of Article 246
other public calamity; (Parricide) shall kill another,
without the attendance of any of
5. With evident premeditation; the circumstances enumera
ted
6.With cruelty, by deliberately and
in the next preceding article
inhumanly augmenting the
(Article 248), shall be deemed
suffering of the victim or
guilty of homicide.
outraging or scoffing at his person
or corpse.
ELEMENTS OF INFANTICIDE
PENALTY 1.That a child was killed
Reclusion perpetua (20 years& 1 2.That the deceased child was
day to less than three
40 years imprisonment) days (72 hours) of age
3.That the accused killed the said
ELEMENTS OF MURDER child
1.That a person is killed.
2.That the accused killed him. INFANTICIDE TO CONCEAL
3.That the killing was attended by DISHONOR
any of the qualifying
circumstances mentioned in If the crime penalized in this
Article 248. article be committed by the
4.The killing is not parricide or mother of the child for the
infanticide. purpose of concealing her
dishonor, she shall suffer the
penalty of prision mayor in its
medium and maximum periods,
and if said crime be
committed for the same purpose
by the maternal
grandparents or either of them,
the penalty shall be
reclusion temporal

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.

ELEMENTS OF HOMICIDE

1.That a person is killed.

2.That the accused killed him
without any justifying
circumstance
3.That the accused had the
intention to kill, which is
presumed
4.That the killing was not
attended by any of the qualifying
circumstances of murder, or by
that of parricide or infanticide

INFANTICIDE

Any person who, not falling within

the
 person, or force upon things. does not belong to the accused
except if crime is robbery with
Belonging to another homicide
3.Taking of personal property –
Thus, one who by means of must be unlawful; if given in trust
violence or intimidation, took his – estafa
own property from the depositary 4.As to robbery with violence or
is not guilty of robbery. intimidation – from the moment
the offender gains
Using force upon things possession of the thing even if
But the use of force upon things offender has had no opportunity
will not make the taking of to dispose of the
personal same, the unlawful taking is
property robbery, if the culprit complete
never entered a house or building. 5.As to robbery with force upon
Thus, removing by force the tires things – thing must be taken out
of an automobile while parked on of the building
the street and taking them aways 6.Intent to gain – presumed from
is not robbery, because the culprit unlawful taking
did not use force to enter a house 7.Taking must not be under the
or building. claim of title or ownership
8. When there’s no intent to gain
but there is violence in the taking
– grave coercion
9. Violence or intimidation must
be against the person of the
offended party, not upon the
thing
10. General rule: violence or
Crimes Against Property How robbery with force upon intimidation must be present
Robbery things is committed? before the “taking” is complete
The malefactors shall enter the 11. Except: when violence results
• Art. 293. Robbery in General - house or building in which the in – homicide, rape, intentional
Any person who, with intent to robbery was Committed by any of mutilation or any of the
gain, the following means: serious physical injuries in par 1
shall take any personal property 1.Through an opening not and 2 of art 263, the taking of the
belonging to another by means of intended for entrance property is robbery
violence or intimidation of any 2. By breaking any wall, roof, floor complexed with any of these
person, or by using force upon or breaking any window or door. crimes under art 294, even if
anything shall be guilty of 3. By using false key or picklocks taking is already complete when
robbery. 4. By using fictitious name or violence was used by the offender
pretending the exercise of public 12. Use of force upon things –
authority entrance to the building by means
Classification of Robbery 5. By breaking of doors, described in arts 299 and 302
wardrobes, closets or any kind of (offender must enter)
1. Robbery with violence against, locked or sealed 13. When both violence or
or intimidation of persons. (Arts. furniture or receptacle intimidation and force upon things
294 297, 298) 6. By taking such furniture or concur – it is robbery with
2. Robbery by the use of force objects away to be broken or
upon things. (Arts. 299 forced open outside the place of
and 302) robbery.

Elements of Robbery Important Notes:

1. That there be (1) personal 1.Belonging to another – person

property from whom property was taken
(2) belonging to another; need not be the Violence
2. That there is (3) unlawful taking owner, legal possession is A. ELEMENTS OF ROBBERY
of that property; sufficient WITH VIOLENCE AGAINST OR
3. That the taking must be with 2.Name of the real owner is not INTIMIDATION OF PERSON:
(4) intent to gain; and essential so long as the personal (294)
4. That there is (5) violence property taken Acts punished as robbery with
against or intimidation of any violence against or intimidation of
Persons By reason or on occasion 3. robbery with intimidation – acts 1. Any person who, having found
of the robbery, the following are done by the accused which by lost property shall fail to deliver
committed: their own nature or by reason of the
1. homicide the circumstances inspire fear in same to the local authorities or to
2. robbery accompanied with rape the person against whom they are its owner;
or intentional mutilation, SPI – directed 2. Any person who, after having
insane, 4. qualifying circumstances in maliciously damaged the property
imbecile, impotent or blind robbery with violence or of
3. SPI – lost the use of speech, intimidation of persons, if any of another, shall remove or make
hear, smell, eye, hand, foot, arm, the offenses defined in use of the fruits or object of the
leg, use of any subdivisions 3, 4 and 5 of Art 294 damage caused by him; and
such member, incapacitated for is committed: 3. Any person who shall enter an
work habitually engaged in enclosed estate or a field where
4. Violence/intimidation shall have 1. in an uninhabited place or trespass is forbidden or which
been carried to a degree clearly 2. by a band (more than 3 armed belongs to another and without
unnecessary malefactors) or the
for the crime or when in the cause 3. by attacking a moving train, consent of its owner, shall hunt or
of its execution – SPI/deformity, or streetcar, motor vehicle or fish upon the same or shall
shall airship, or gather fruits, cereals, or other
have lost any part of the body or 4. by entering the passenger’s forest or farm products.
the use thereof or shall have been compartments in a train, or in any
ill or manner Qualified Theft
incapacitated for the performance taking the passengers thereof by Theft is qualified –
of the work for > 90 days; > 30 surprise in the respective 1. If the theft is committed by a
days conveyances, or domestic servant
5. Any kind of robbery with less 5. on a street, road, highway or 2. If the theft is committed with
serious physical injuries or slight alley and the intimidation is made grave abuse of confidence
physical with 3. If the property stolen is (a)
injuries the use of firearms, the offender motor vehicle, (b) mail matter, (c)
shall be punished by the max large cattle
Important Notes: period 4. If the property stolen consists
of the proper penalties prescribed of coconuts taken from the
1.special complex crimes (specific in art 294 premises of a
penalties prescribed) plantation
• robbery with homicide – if Theft 5. If the property stolen is fist
original design is robbery and taken from a fishpond or fishery
homicide is committed – robbery Theft, defined. 6. If the property is taken on the
with homicide even though occasion of fire, earthquake,
homicide precedes the robbery by Theft is committed by any person typhoon,
an appreciable time. If who, with intent to gain but volcanic eruption or any other
original design is not robbery but without violence against or calamity, vehicular accident or
robbery was committed intimidation of persons nor force civil
after homicide as an afterthought upon disturbance
– 2 separate offenses. Still things, shall take personal
robbery with homicide – if the property of another without the Fencing, defined
person killed was an innocent latter’s
bystander and not the person consent. Fencing, is the act of any person
robbed and if death who, with intent to gain for
supervened by mere accident. Theft himself or
for another, shall buy, receive,
Important Notes: Art. 308. Who are liable for theft. possess, keep, acquire, conceal,
Theft is committed by any person sell or
2. robbery with rape – intent to who, with intent to gain but dispose of, or shall buy and sell,
commit robbery must precede without violence against, or or in any other manner deal in
rape. Prosecution of the crime intimidation of any
need not be by offended party – persons nor force upon things, article, item, object or anything of
fiscal can sign the information. shall take personal property of value which he knows, or should
When rape and homicide co-exist, another be
rape should be considered as without the latter’s consent. known to him, to have been
aggravating only and the crime is derived from the proceeds of the
still robbery with homicide crime of
Theft is likewise committed robbery or theft.
by:
Elements:

(a) a crime of robbery or theft has A. As to severity

been committed; 1. Mortal Wound
(b) the accused, who is not a (nakakamatay)
principal or an accomplice in the 2. Non-Mortal Wound (Di
commission nakakamatay)
of the crime of robbery or theft,
buys, receives, possesses, keeps,
acquires, conceals, sells or
disposes, or buys and sells, or in PHYSICAL EVIDENCE
any manner
deals in any article, item, object Articles found in connection with
or anything of value, which has the investigation and which aid in
been establishing the identity of the
derived from the proceeds of the perpetrator or circumstances Classification of Wound or
crime of robbery or theft; under which the crime was Physical Injury
(c) the accused knew or should committed. B. As to kind of instrument
have known that the said article, used
Types Of Physical Evidence 1. Blunt instrument
item,
object or anything of value has 2. Sharp-edge
 CORPUS DELICTI EVIDENCE
been derived from the proceeds 3. Sharp-pointed
of the Objects which may be parts of the 4. Sharp-edge and sharp
crime of robbery or theft; and crime. pointed
(d) there is, on the part of one 5. Rough Object
 ASSOCIATIVE EVIDENCE
accused, intent to gain for oneself
or for EXTERNAL VIOLENCE MARKS
These are physical evidence
another.  Abrasion
which link the suspect to the
Caused by the skin rubbing
crime scene
against a rough surface
TRACING EVIDENCE  Contusion
Discoloration of surface due to
• These are pieces of evidence extraversation of
which may assist the prober in blood/application of blunt
locating the suspect instrument
 Hematoma
CLASSIFICATION OF WOUND Extravasation of blood in newly
OR PHYSICAL INJURY formed cavity
Physical Injury  Incised Wound
An open wound caused by a sharp
 Injury – the scientific edge object
impairment of the body  Stab Wound
structure or function caused An open wound caused by a sharp
by outside force or agent edge and sharp pointed
instrument
 Physical Injury – an injury of  Punctured Wound
the body caused by physical An open wound caused by a
agents which is the and sharp pointed object
application of stimulus to the  Lacerated Wound
body producing damage or injury An open wound caused by a blunt
to the tissue instrument
 Hack Wound
 Wound – a break or solution An open wound caused by a
in the continuity of the skin or heavy instrument
tissues of the body
Classification of Wound or
 Inflammation – a scientific Physical Injury
tissue response to injury by
the living or inanimate C. Relation of the site of
agents, or to electrical, application of force and injury
chemical, etc. characterized a. Coup injury – injury at the
by vascular dilatation, fluid side of application
exudation and accumulation b. Contre coup – injury found
of leukocytes in the tissues opposite the side of application
c. Coup Contre Coup – injury the subcutaneous tissues or the bleeding usually in the cavity
both at the side and opposite side underneath the mucous or organs inside the body. (intra-
of application membrane. cranial, Rupture of
d. Locus Minoris Resistencia – organ and Laceration of Organ).
decreased resistance in any SPRAIN
internal organ or
external body region, leaving it straining or tearing of the articular
more vulnerable to disease tendons, ligaments and muscles
processes than other characterized by swelling,
regions. discoloration of tissues involve
and extreme pain.
e. Extensive Injury – involves a
greater area of damage

COUP, CONTRE COUP, COUP

CONTRE COUP

SPRAIN VS STRAIN


F

Classification of Wound or
Physical Injury
RACTURE
D. Medico-legal Classification
a break or solution in the
continuity of the bone tissues
a. Mutilation – Mutilation
resulting from violence.
Castration, Mutilation Mayhem
b. Slight Physical Injury
 DISLOCATION
c. Less Serious Physical Injury
d. Serious Physical Injury
the displacement of the articular
e. Administration of Injurious
surfaces of the bones forming the
substance or Beverage
joints usually secondary to
trauma.
D. Type of Wound
CEREBRAL CONCUSSION
a. Closed wound – superficial
close wound and deep closed
Condition of the brain resulting
wound, petechiae, contusion or
from a sudden jarring or stunning
bruise, hematoma or blood cyst,
of the brain which follows a blow
sprain, fracture, discoloration,
on the head characterized by
concussion, and internal
headache or dazziness,
hemorrage
unconciousness or semi-
b. Open Wound – incised,
unconciousness, relaxed and
lacerated, punctured, stab,
flaccid muscles, slow and shallow
gunshot wound, hack wound
respiration and rapid but weak
pulse
PETECHIAE
INTERNAL HEMORRHAGE
minute, pinpoint, circumscribed
extravasation of blood in
SEXUAL OFFENSES AND sexual desire towards an older
DEVIATION person.
Virginity  INCEST
a condition of a female who has sexual relations between person
not experienced sexual who, by reason of blood
intercourse and whose genital relationship cannot legally marry.
organs have not been altered by  SATYRIASIS
carnal correction. excessive sexual urge of men.
Kinds of Virginity  NYMPHOMANIA
1. MORAL VIRGINITY excessive sexual urge of women.
state of not knowing the nature of  FELATTIO
sexual life and not having the female agent receives the
experienced sexual relation. penis of a man into her mouth
2. PHYSICAL VIRGINITY and by friction with the lips and
a condition whereby a woman is tongue coupled with the act of
conscious of the nature of the sucking initiates' orgasm.
sexual life but not experienced  CUNNILINGUS
sexual intercourse. sexual gratification is attained by
Two kinds of Physical Virginity licking or sucking the external
1. True Physical Virginity = a female genitalia.
condition wherein the hymen is  ANILINGUS
intact, with the edges distinct and a form of sexual perversion
regular, and the opening is small wherein a person derives sexual
to barely admit the tip of the excitement by licking the anus of
smallest finger of the examiner another person of either sex.
even if the thighs are separated.  SADISM (Active
2. False Physical Virginity = a Algolagnia)
condition wherein the hymen is A form of sexual perversion in
unruptured, but the orifice is wide which the infliction of pain on
and elastic to admit two or more another is necessary for sexual
fingers of the examiner with a enjoyment
lesser degree of resistance. MASOCHISM (passive
3. DEMI-VIRGINITY algolagnia)
a condition of a woman who A form of sexual perversion in
permits any form of sexual which the infliction of pain by
liberties as long as they abstain another is necessary for sexual
from rupturing the hymen by enjoyment.
sexual act. FETISHISM
4. VIRGO INTACTA a form of sexual perversion
applied to women who have had wherein the real or fantasied
previous sexual act but not yet presence of an object or bodily
given birth. part is necessary for sexual
DEFLORATION stimulation and gratification.
the laceration or rupture of the
hymen as a result of sexual
intercourse.  PYGMALIONISM
SEXUAL DEVIATION a sexual deviation whereby a
 HOMOSEXUALITY person has sexual desire for
sexual desire towards the same statutes.
sex.  VOYEURISM
 INFANTOSEXUALITY a form of sexual perversion
sexual desire towards an characterized by a compulsion to
immature person. Also known as peep to see persons undress or
PEDOPHILIA. perform other personal activities.

 BESTOSEXUAL
sexual desire towards animals;
also known as bestiality.
 AUTOSEXUALITY
self –gratification; also known as
masturbation.
 GERONTOPHILIA