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Cdi 103n Complete Module

This document provides information about special crime investigation procedures at the University of Cagayan Valley. It discusses the roles of first responders, crime scene investigators, and interviewing witnesses and arresting suspects. It outlines the proper procedures for processing a crime scene, which includes securing the area, documenting evidence, taking photographs and sketches, collecting physical evidence, and interviewing witnesses. Investigators are to read suspects their rights and obtain any necessary warrants before making arrests. The document provides guidance on conducting police operations like arrests, raids, and seizures according to the law.

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Jerome Ofilas

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0% found this document useful (0 votes)

96 views

Cdi 103n Complete Module

Uploaded by

Jerome Ofilas

Available Formats

Download as DOCX, PDF, TXT or read online on Scribd

You are on page 1/ 37

UNIVERSITY OF CAGAYAN VALLEY

(formerly Cagayan Colleges Tuguegarao)

VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]
SCHOOL OF CRIMINOLOGY

SPECIAL CRIME INVESTIGATION 2 WITH

SIMULATION ON INTERROGATION AND
INTERVIEW

PRELIM COVERAGE

CRIMINAL INVESTIGATION – it is the lawful, clandestine, intelligence and detective

work to gather information and evidence to determine with certainty the commission of the crime,
the identity of the perpetrators thereof, and as maybe necessary, to arrest the culprits under those
instances as authorized by law.

Crime Scene Investigation - It is the conduct of processes, more particularly the

recognition, search, collection, handling, preservation and documentation of physical evidence to
include the identification and interview of witnesses and- the arrest of suspect/s at the crime
scene.

Upon receipt of a report/complaint of a crime incident, the desk officer shall:

a. Record the time the report/complaint was made, the identity of the person who made the report,
place of the incident and a synopsis of the incident.
b. Inform his superior officer or the duty officer regarding the report

First Responder - any police officer who first arrives at the crime scene and shall endeavor
to protect and secure the same as follows:

a. Cordon off the crime scene with whatever available materials like ropes, straws, human
barricade, police line, if available, etc.,;
b. Evacuate injured persons to the nearest hospital;
c. Prepare to take the “dying declaration of severely injured person, if any;
d. Prevent the entry/exit of persons within the cordoned area; and
e. Prepare to brief the investigators of the situation upon their arrival.

Crime Scene Investigation Proper –

1. Receipt of Briefing and Designation of Command Post. The team leader upon arrival at
the crime scene receives the briefing form from the first responder and shall immediately
designate a command post which is ideally located adjacent to the scene where the
evidence custodian stays and receives the pieces of evidence turned over to him for safe
keeping by the other evidence collectors.

2. Initiation of Preliminary Survey. The team leader makes a general assessment of the
scene, takes a cautious walk-through of the crime scene, takes down extensive notes to
document important factors, and establishes the evidence most likely to be encountered.
He then defines the extent of the search area , and determines personnel and equipment

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3. Preparation of Narrative Report. The team leader uses the systematic approach in making
a narrative report. No item is to insignificant to record if it catches one’s attention.

4. Documentation of the Crime Scene. The photographer begins taking photographs as soon
as possible. The evidence collectors do not touch or move any evidence once it is located
until it has been identified, measured, recorded and photograph. Sketches supplement the
photographs. The best tool in documenting the crime scene is the use of video camera.

5. Crime Scene Sketches. A rough sketch is prepared indicating the actual measurement of
the things with scale and proportion observed and oriented to the North Pole. All
necessary information is placed in the sketch.

6. Collecting of Physical Evidence. The team leader is always informed of significant

evidence located. The evidence collector shall put his initial, location and date of
collection on the item and turn it over to the evidence custodian for documentation and
safekeeping. In cases where the evidence encountered needs special processing due to
significant or sensational cases, The Scene of the Crime Operation (SOCO) specialist of
the Crime Laboratory shall be requested.

7. Conduct of Final Survey. The team leader makes a final review of the crime scene to
determine whether or not the processing has been completed.

8. Release of the Crime Scene. The release of the crime scene shall be done if the
investigator is satisfied that all pieces of evidence have been recovered. Thus, the
investigator must evaluate the items recovered from the result of interrogation of the
suspect/s and the interview of the witnesses. He must bear in mind that upon the formal
release of the crime scene to the proper authority, a warrant is already required for his re-
entry to the crime scene.

Conduct of Interview – While the crime scene is being processed, the team leader shall
designate
Other members to look for witnesses and immediately conduct interview. The assigned
investigators shall jot down important facts for the future reference.

Arrest and Seizures

Arrest of Suspect/s – Upon arrival at the crime scene, the team leader shall endeavor to
arrest the suspect/s if he is still at the crime scene or the first responder did not arrest the
suspects/s shall be secured and shall be separated from the other witnesses.

Rights of the person under investigation:

You have to remain silent. Any statement you make maybe used for or against
you in any court of law of the Philippines.

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You have the right to have a competent and independent counsel preferably
in our own choice. If you cannot afford the services of a counsel, the
government will provide one for you.

You the right to demand a physical examination by independent and

competent doctor of your own choice. If you cannot afford the services of a doctor,
the state shall provide for you

Do you understand these right?

INTERVENTION METHOD BY INVESTIGATORS ON CASE (ARREST

AND SEIZURES)

Basic requirements of Police Intervention Operations: Generally, all police intervention

operations (arrest, raid, search, and seizure, checkpoint, etc) shall be conducted

a. With a marked vehicle

b. Preferably led by a Commissioned Officer;
c. With personnel with proper police uniform

I. ARREST: All arrest should be made only on the basis of a valid warrant of Arrest
issued by a competent authority, except in cases specified under the doctrine of
citizen’s arrest (Sec. 5, Rule 113 Rules on criminal procedures)

Arrest is the actual restraint of a person to be arrested ot by his submission to the

custody of the person making the arrest. No evidence or unnecessary force shall be
used in making an arrest, and the person to be arrested shall not be subjected to any
greater restraint than is necessary for his detention.

Time of Arrest – As a general rule, arrest may be made on any day at any time of the
day or night.

Modes of Arrest – An arrest maybe made by virtue of a Warrant of Arrest, or without

a warrant as hereinafter provided.

Execution of Warrant – The head of the office to which the warrant of arrest has
been delivered for execution shall cause the warrant to be executed within ten (10)
days from receipt. Within ten (10) days after the expiration of such period, the officer
to whom it was assigned for execution shall make a report to the judge who issued the
warrant and in case of his failure to execute the same, shall state the reasons therefor

Arrest by virtue of a Warrant of Arrest –

a. It shall be the duty of the officer executing the warrant to arrest the accused unnecessary
delay and deliver him to the nearest police station.

b. When making an arrest by virtue of a warrant, the officer shall inform the person top to
be arrested of the cause of the arrest and of the fact that a warrant has been issued for his
arrest, except when he flees of forcibly resist before the officer has the opportunity to so
inform him or when the giving of such information will imperil the arrest. The officer

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When is a warrant of arrest not necessary?

(1) When the accused is already under detention pursuant to a warrant issued by the MTC
judge in Rule 112, Sec. 6 (b);

(2) When the complaint or information was filed pursuant to Rule 112, Sec. 7, i.e. a valid
warrantless arrest;

(3) When the offense is penalized by fine only. (Rule 112, Sec. 6 (c) )

(4) When the accused lawfully arrested escapes or rescued (Rule 113, Sec. 13)

Arrest Without a Warrant; when lawful – A peace officer or a private person

may, without a warrant, arrest a person:

a. when, in his presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense;
b. when an offense has just been committed and he has probable cause to believe, based on
personal knowledge of facts or circumstances, that the person to be arrested has
committed it; and
c. when the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or temporarily confined while being
transferred from one confinement to another.

Duties of Arresting Officer in Case of Arrest without a Warrant

a. The arresting officer shall inform the subject or suspect, in the dialect or language
known to him, why he is being arrested, and of his right to remain silent and to
have a counsel of his own choice, to be informed of his authority and the cause of
arrest, unless the person to be arrested is then engaged in the commission of an
offense or is pursued immediately after its commission or after and escapes; or
flees or forcibly resist before the officer has opportunity to so inform him, or when
the giving of such information will imperil the arrest.

b. The arrested person shall be delivered to the proper authorities without

unnecessary delay and within the time prescribed in Article 125 of the Revised
Penal Code, as amended (12, 18, or 36 hours, as the case maybe).
c. The person arrested without a warrant shall be delivered to the nearest police
station or jail, and shall subject of inquest proceedings under Section 7, Rule 112
of the Rules on Criminal Procedure
d. If the person arrested without a warrant waives his right to remain silent under the
provisions of Art125 of the Revised Penal Code and opts to give a statement and
Legal Education Board
UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]
SCHOOL OF CRIMINOLOGY
present evidence for his defense, the arresting officer shall ensure that the waiver
made by the person arrested shall be in writing and in the presence of his counsel
of choice

Physical Examination of Arrested Person/Suspect – Immediately after the arrest of a

person arrested by the court. Or of a person ordered arrested by the court, or of a suspect under
investigation, he should be subjected to a physical examination by a medico-legal officer or, in
the absence of such medico-legal officer by any government physician in the area. Prior to his
release or any change of custody, the suspect shall also be physically examined.

Prohibitions – No torture, force, violence, threat, intimidation, or any other means which
violates the freewill shall be used against the suspect. Secret detention places solitary
confinement (incommunicado) or other similar forms of detention shall be prohibited.

Record check – The officer shall make a record check for the possibility that the arrested
person is wanted for crimes other than that for which he was arrested.

SEARCH AND SEIZURES: Search Warrant Defined – It is an order in writing

issued in the name of the people of the Philippines, signed by a judge and directed to a peace
officer, commanding him to search for any property described therein and bring it before the
court.

Constitutional Basis: Art. III, Sec. 2, 1987 Constitution:

“The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be search
and the person or things to be seized.”

Scope of the prohibition: The prohibition against unreasonable searches and seizures is imposed
only upon the government and its agencies tasked with the enforcement of the law. It does not
extend to acts committed by private individual.

Nature of Right against unreasonable search. and seizure: The right against unreasonable
searches and seizures is personal; it may be invoked only by the person entitled to it.

Waiver of the right against unreasonable searches ans seizures may be express or implied,
but only by the person whose right is invaded, not by one who is not duly authorized to effect
such waiver. Requisites for Issuance of Search

Warrant – A search warrant shall be issued only upon probable cause in connection with one
specific offense to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly describing the
place to be searched and things to be seized.

The following are the properties subject to seizures:

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a. Properties which are the subject of the offense;

b. Stolen, embezzled proceeds, or fruits of the offense;
c. Objects including weapons, equipment, and other items used or intended to
be used as the means of committing an offense;
d. Objects that are illegal per se in plain view.

Application for Search Warrant – All application for search warrant shall be
approved by a duly designated officer. The application shall be recorded in a logbook.

The application shall indicate the following data:

a. Office applying for the search warrant;

b. Name of officer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be search;
e. Sketch of the place to be searched.

Authority given to officers in the Conduct of Search (Sec. 7 & 13, Rule 126 of the 2000 Rule of
Criminal Procedure as amended) – In the conduct of search, if after giving notice of thus purpose
and authority the officer is refused admittance to the place of search, he may break open any
outer or inner door or window or any part of a house or anything therein to execute the warrant or
liberate himself or any person lawfully aiding him when unlawfully detained therein.

Prohibited Acts in the Conduct of Search

a. Houses, rooms, or other premises shall not be searched except in the presence of the
lawful occupant thereof or any member of his family or in the absence of the latter, the presence
of two (2) witnesses of sufficient age and discretion residing in the same locality.

b. Lawful personal properties, papers and other valuables not specifically indicated or
particularly described in the search shall not be taken.

Validity of Search Warrant – The search shall be valid for ten (10) days from the date of issuance.
Thereafter, it shall be void. Receipt for the

Property Seized – The officer seizing property by virtue of the warrant shall give a detailed
receipt for the same to the lawful occupant of the premises in whose presence the search and
seizure was made, or in the absence of such occupant, shall in the presence of at least two (2)
witnesses of sufficient age and discretion residing in the same locality; leave a receipt in the place
in which he found the seized property in the absence of the lawful owner.

Valid Warrantless Searches and Seizures –

a. Search incidental to lawful arrest.

b. Search of moving vehicle.
c. Secure of goods concealed to avoid duties.
d. Plain view search and seizure.
e. Consented search. f. Stop and Frisk.
g. Administrative search.
Legal Education Board
UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]
SCHOOL OF CRIMINOLOGY
h. Private searches.
i. Border searches.
j. Checkpoints

Procedures

Admittance to the place of directed search:

The officer, upon reaching the place of directed search, must give notice of his purpose
and authority to conduct the search to the lawful occupant of the place.

If the officer is refused admittance, he may break open any outer or inner door or window
of a house or any part of a house or anything therein to execute the warrant or liberate himself or
any person lawfully aiding him when unlawfully detained therein. (Rule 126, Sec. 7

Conduct of Search

Upon admittance, the officer must conduct the search in the presence of the lawful
occupant of the premises or any member of his family, or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality. (Rule 126, Sec. 8) Failure
to comply with the requirement invalidates the search. (People v. Gesmund.

Seizure of property and issuance of receipt for the property seized

Once the property described in the warrant has been found and seized, the officer must
give a detailed receipt for such property to the lawful occupant of the premises. In the absence of
such occupant, the officer must leave a receipt in the place in which he found the seized property
in the presence of at least two witnesses of sufficient age and discretion residing in the same
locality. (Rule 126, Sec. 11)

Delivery of property and inventory to the court

The officer must then make a return on the warrant and deliver forthwith the property
seized to the judge who issued the warrant, together with a true inventory thereof duly verified
under oath. The judge shall ascertain whether the seizing officer complied with Rule 126, Sec. 11
(as regards issuance of the detailed receipt)

The return of the search warrant shall be filed and kept by the custodian of the log book
on search warrant who shall enter therein the date of the return, the result, and other actions of the
judge. (Rule 126, Sec. 12)

A violation of these requirements shall constitute contempt of court. (Rule 126, Sec. 12)
Search incident to a lawful arrest:

As a general rule, as an incident of an arrest, the place of premises where the arrest was made can
also be searched without a search warrant. (Nolasco v. Cruz-Pano)

Permissible Area of Search;

Legal Education Board
UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]
SCHOOL OF CRIMINOLOGY

(1) Person of the accused;

(2) Premises or surroundings within the accused’s immediate control.

Purpose:

(1) A weapon held by the arrested person may be turned against his captor; and
(2) The accused may destroy the proof of the crime if the arrested officer has to first apply
for a search warrant.
You arrested a person without a warrant in the first floor of his house. Can you search the second
floor without a search warrant?

No. The Nolasco v. Pano ( 139 SCRA 152 ) ruling was reconsidered in Nolasco v. Pano ( 147
SCRA 509) which held that a warrantless search made as an incident to a lawful arrest is to be
strictly applied and absolutely limited only to a search of the person and of the place where the
arrest was made.

Consensual/Consented Searches

The requisites for a valid waiver or consented search are as follows:

(1) The constitutional right exist;

(2) The person involved had either actual or constructive knowledge of such right; and
(3) There was an actual intention to relinquish the right

Plain view: Requisites for a valid warrantless search under the plain view doctrine:
(1) Prior valid intrusion based on the valid warrantless arrest in which the police are
legally present in the pursuit of their official duties;
(2) The evidence was inadvertently discovered by the police who have the right to be
where they are;
(3) The evidence must be immediately apparent;
(4) Plain view justified the seizure of the evidence without any further search; (5) The
thing itself is illegal or prohibited.

The plain view doctrine is not applicable in cases wherein the subject items are not illegal
per se, e.g. Boy Scout uniforms that are suspected to be counterfeit items.

Checkpoints and Roadblocks : In the case of Valmonte v. De Villa (178 SCRA 211; 1989), it was
held that a warrantless search at a checkpoint or roadblock is valid for as long as the vehicle is
subjected to a mere visual search, and the occupants are not subjected to a body search.

Investigation of Crime Against Property (Title 10 Crimes Against

Property Book 2,RPC)

Chapter One: Robbery in General

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Section One. – Robbery with violence or intimidation of persons.

Article 294. Robbery with violence against or intimidation of persons; Penalties. – Any person
guilty of robbery with the use of violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the
crime of homicide shall have been committed.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery
shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of
such robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have
been inflicted; Provided, however, that when the robbery accompanied with rape is committed
with a use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua
to death (As amended by PD No. 767).

3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the
physical injuries penalized in subdivision 2 of the article mentioned in the next preceding
paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium
period, if the violence or intimidation employed in the commission of the robbery shall have been
carried to a degree clearly unnecessary for the commission of the crime, or when the course of its
execution, the offender shall have inflicted upon any person not responsible for its commission
any of the physical injuries covered by sub-divisions 3 and 4 of said Article 23.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium
period in other cases. (As amended by R. A. 18).

Article 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or
with the use of firearm on a street, road or alley. – If the offenses mentioned in subdivisions three,
four, and five of the next preceding article shall have been committed in an uninhabited place or
by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the
passenger’s compartments in a train or, in any manner, taking the passengers thereof by surprise
in the respective conveyances, or on a street, road, highway, or alley, and the intimidation is made
with the use of a firearm, the offender shall be punished by the maximum period of the proper
penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.

Article 296. Definition of a band and penalty incurred by the members thereof. – When more than
three armed malefactors take part in the commission of a robbery, it shall be deemed to have been
committed by a band. When any of the arms used in the commission of the offense be an
unlicensed firearm, the penalty to be imposed upon all the malefactors shall be the maximum of

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Any member of a band who is present at the commission of a robbery by the band, shall be
punished as principal of any of the assaults committed by the band, unless it be shown that he
attempted to prevent the same.

Article 297. Attempted and frustrated robbery committed under certain circumstances. – When by
reason or on occasion of an attempted or frustrated robbery a homicide is committed, the person
guilty of such offenses shall be punished by reclusion temporal in its maximum period to
reclusion perpetua, unless the homicide committed shall deserve a higher penalty under the
provisions of this Code.

Article 298. Execution of deeds by means of violence or intimidation. – Any person who, with
intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute
or deliver any public instrument or documents, shall be held guilty of robbery and punished by
the penalties respectively prescribed in this Chapter.

Section Two. – Robbery by the use of force upon things

Art. 299. Robbery in an inhabited house or public building or edifice devoted to worship. – Any
armed person who shall commit robbery in an inhabited house or public building or edifice
devoted to religious worship, shall be punished by reclusion temporal, if the value of the property
taken shall exceed Fifty thousand pesos (₱50,000), and if—

(a) 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 or egress.

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

3. By using false keys, picklocks or similar tools.

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

Or if—

(b) The robbery be committed under any of the following circumstances:

1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or
receptacle.

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

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The same rule shall be applied when the offenders are armed, but the value of the property taken
does not exceed Fifty thousand pesos (₱50,000).

When said offenders do not carry arms and the value of the property taken does not exceed Fifty
thousand pesos (₱50,000), they shall suffer the penalty prescribed in the two (2) next preceding
paragraphs, in its minimum period.

If the robbery be committed in one of the dependencies of an inhabited house, public building, or
building dedicated to religious worship, the penalties next lower in degree than those prescribed
in this article shall be imposed. (As amended by R.A. 10951)

Article 300. Robbery in an uninhabited place and by a band. – The robbery mentioned in the next
preceding article, if committed in an uninhabited place and by a band, shall be punished by the
maximum period of the penalty provided therefor.

Article 301. What is an inhabited house, public building or building dedicated to religious
worship and their dependencies. – Inhabited house means any shelter, ship or vessel constituting
the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be
absent therefrom when the robbery is committed.

All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other
departments or inclosed places contiguous to the building or edifice, having an interior entrance
connected therewith, and which form part of the whole, shall be deemed dependencies of an
inhabited house, public building or building dedicated to religious worship.

Orchards and other lands used for cultivation or production are not included in the terms of the
next preceding paragraph, even if closed, contiguous to the building and having direct connection
therewith.

The term “public building” includes every building owned by the Government or belonging to a
private person not included used or rented by the Government, although temporarily unoccupied
by the same.

Art. 302. Robbery in an uninhabited place or in a private building. – Any robbery committed in
an uninhabited place or in a building other than those mentioned in the first paragraph of Article
299, if the value of the property taken exceeds Fifty thousand pesos (₱50,000), shall be punished
by prisión correccional in its medium and maximum periods provided that any of the following
circumstances is present:

1. If the entrance has been effected through any opening not intended for entrance or egress.

2. If any wall, roof, floor or outside door or window has been broken.

3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.
Legal Education Board
UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]
SCHOOL OF CRIMINOLOGY
4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle has been broken.

5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed,
even if the same be broken open elsewhere.

When the value of the property taken does not exceed Fifty thousand pesos (₱50,000), the penalty
next lower in degree shall be imposed.

In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the
property taken is mail matter or large cattle, the offender shall suffer the penalties next higher in
degree than those provided in said articles. (As amended by R.A. 10951)

Article 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building. –
In the cases enumerated in Articles 299 and 302, when the robbery consists in the taking of
cereals, fruits, or firewood, the culprit shall suffer the penalty next lower in degree than that
prescribed in said articles.

Article 304. Possession of picklocks or similar tools. – Any person who shall without lawful
cause have in his possession picklocks or similar tools especially adopted to the commission of
the crime of robbery, shall be punished by arresto mayor in its maximum period to prision
correccional in its minimum period.

The same penalty shall be imposed upon any person who shall make such tools. If the offender be
a locksmith, he shall suffer the penalty of prision correccional in its medium and maximum
periods.

Article 305. False keys. – The term “false keys” shall be deemed to include:

1. The tools mentioned in the next preceding articles.

2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in the lock forcibly opened by the
offender.

Chapter Two: Brigandage

NB: Brigandage under the RPC has been superseded by P.D. 532, a.k.a. the Anti-Highway
Robbery Law of 1974.

Chapter Three: Theft

Article 308. Who are liable for theft. – 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.

Theft is likewise committed by:

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2. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or object of the damage caused by him; and

3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which
belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall
gather cereals, or other forest or farm products.

Art. 309. Penalties. – Any person guilty of theft shall be punished by:

1. The penalty of prisión mayor in its minimum and medium periods, if the value of the thing
stolen is more than One million two hundred thousand pesos (₱1,200,000) but does not exceed
Two million two hundred thousand pesos (₱2,200,000); but if the value of the thing stolen
exceeds the latter amount, the penalty shall be the maximum period of the one prescribed in this
paragraph, and one (1) year for each additional One million pesos (₱1,000,000), but the total of
the penalty which may be imposed shall not exceed twenty (20) years. In such cases, and in
connection with the accessory penalties which may be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed prisión mayor or reclusion temporal, as the
case may be.

2. The penalty of prisión correccional in its medium and maximum periods, if the value of the
thing stolen is more than Six hundred thousand pesos (₱600,000) but does not exceed One
million two hundred thousand pesos (₱1,200,000).

3. The penalty of prisión correccional in its minimum and medium periods, if the value of the
property stolen is more than Twenty thousand pesos (₱20,000) but does not exceed Six hundred
thousand pesos (₱600,000).

4. Arresto mayor in its medium period to prisión correccional in its minimum period, if the value
of the property stolen is over Five thousand pesos (₱5,000) but does not exceed Twenty thousand
pesos (₱20,000).

5. Arresto mayor to its full extent, if such value is over Five hundred pesos (₱500) but does not
exceed Five thousand pesos (₱5,000).

6. Arresto mayor in its minimum and medium periods, if such value does not exceed Five
hundred pesos (₱500).

7. Arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000), if the theft is
committed under the circumstances enumerated in paragraph 3 of the next preceding article and
the value of the thing stolen does not exceed Five hundred pesos (₱500). If such value exceeds
said amount, the provisions of any of the five preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine of not exceeding Five thousand pesos (₱5,000),
when the value of the thing stolen is not over Five hundred pesos (₱500), and the offender shall

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Article 310. Qualified theft. – The crime of theft shall be punished by the penalties next higher by
two degrees than those respectively specified in the next preceding article, if committed by a
domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle,
mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish
taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake,
typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance. (As
amended by R.A. 120 and B.P. Blg. 71. May 1, 1980).

Art. 311. Theft of the property of the National Library and National Museum.— If the property
stolen be any property of the National Museum, the penalty shall be arresto mayor or a fine
ranging from Forty thousand pesos (₱40,000) to One hundred thousand pesos (₱100,000), or
both, unless a higher penalty should be provided under other provisions of this Code, in which
case, the offender shall be punished by such higher penalty. (As amended by R.A. 10951)

Chapter Four: Usurpation

Art. 312. Occupation of real property or usurpation of real rights in property. – Any person who,
by means of violence against or intimidation of persons, shall take possession of any real property
or shall usurp any real rights in property belonging to another, in addition to the penalty incurred
for the acts of violence executed by him, shall be punished by a fine from fifty (50) to one
hundred (100) per centum of the gain which he shall have obtained, but not less than Fifteen
thousand pesos (₱15,000).

If the value of the gain cannot be ascertained, a fine from Forty thousand pesos (₱40,000) to One
hundred thousand pesos (₱100,000) shall be imposed. (As amended by R.A. 10951)

Art. 313. Altering boundaries or landmarks. – Any person who shall alter the boundary marks or
monuments of towns, provinces, or estates, or any other marks intended to designate the
boundaries of the same, shall be punished by arresto menor or a fine not exceeding Twenty
thousand pesos (₱20,000), or both. (As amended by R.A. 10951)

Chapter Five: Culpable Insolvency

Article 314. Fraudulent insolvency. – Any person who shall abscond with his
property to the prejudice of his creditors, shall suffer the penalty of prision mayor,
if he be a merchant and the penalty of prision correccional in its maximum period
to prision mayor in its medium period, if he be not a merchant.

Chapter Six: Swindling and Other Deceits

Art. 315. Swindling (estafa). – Any person who shall defraud another by any of the means
mentioned hereinbelow shall be punished by:

1st. The penalty of prisión correccional in its maximum period to prisión mayor in its minimum
period, if the amount of the fraud is over Two million four hundred thousand pesos (₱2,400,000)
but does not exceed Four million four hundred thousand pesos (₱4,400,000), and if such amount
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UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
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exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum
period, adding one year for each additional Two million pesos (₱2,000,000); but the total penalty
which may be imposed shall not exceed twenty years. In such cases, and in connection with the
accessory penalties which may be imposed and for the purpose of the other provisions of this
Code, the penalty shall be termed prisión mayor or reclusion temporal, as the case may be.

2nd. The penalty of prisión correccional in its minimum and medium periods, if the amount of the
fraud is over One million two hundred thousand pesos (₱1,200,000) but does not exceed Two
million four hundred thousand pesos (₱2,400,000).

3rd. The penalty of arresto mayor in its maximum period to prisión correccional in its minimum
period, if such amount is over Forty thousand pesos (₱40,000) but does not exceed One million
two hundred thousand pesos (₱1,200,000).

4th. By arresto mayor in its medium and maximum periods, if such amount does not exceed Forty
thousand pesos (₱40,000): Provided, That in the four cases mentioned, the fraud be committed by
any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) altering the substance, quantity, or quality of anything of value which the offender shall
deliver by virtue of an obligation to do so, even though such obligation be based on an immoral
or illegal consideration.

(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other
personal property received by the offender in trust or on commission, or for administration, or
under any other obligation involving the duty to make delivery of or to return the same, even
though such obligation be totally or partially guaranteed by a bond; or by denying having
received such money, goods, or other property.

(c) By taking undue advantage of the signature of the offended party in blank, and by writing any
document above such signature in blank, to the prejudice of the offended party or any third
person.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar deceits.

(b) By altering the quality, fineness or weight of anything pertaining to his art or business.

(c) By pretending to have bribed any Government employee, without prejudice to the action for
calumny which the offended party may deem proper to bring against the offender. In this case,
the offender shall be punished by the maximum period of the penalty.

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UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
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(d) By postdating a check, or issuing a check in payment of an obligation when the offender had
no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the
check. The failure of the drawer of the check to deposit the amount necessary to cover his check
within three (3) clays from receipt of notice from the bank and/or the payee or holder that said
check has been dishonored for lack or insufficiency of funds shall be prime facie evidence of
deceit constituting false pretense or fraudulent act.

Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in
paragraph 2(d) hereof shall be punished by:

1st. The penalty of reclusion temporal in its maximum period, if the amount of fraud is over Four
million four hundred thousand pesos (₱4,400,000) but does not exceed Eight million eight
hundred thousand pesos (₱8,800,000). If the amount exceeds the latter, the penalty shall be
reclusion perpetua.

2nd. The penalty of reclusion temporal in its minimum and medium periods, if the amount of the
fraud is over Two million four hundred thousand pesos (₱2,400,000) but does not exceed Four
million four hundred thousand pesos (₱4,400,000).

3rd. The penalty of prisión mayor in its maximum period, if the amount of the fraud is over One
million two hundred thousand pesos (₱1,200,000) but does not exceed Two million four hundred
thousand pesos (₱2,400,000).

4th. The penalty of prisión mayor in its medium period, if such amount is over Forty thousand
pesos (₱40,000) but does not exceed One million two hundred thousand pesos (₱1,200,000).

5th. By prisión mayor in its minimum period, if such amount does not exceed Forty thousand
pesos (₱40,000).

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling game.

(c) By removing, concealing or destroying, in whole or in part, any court record, office files,
document or any other papers. (As amended by R.A. 10951)

Article 316. Other forms of swindling. – The penalty of arresto mayor in its minimum and
medium period and a fine of not less than the value of the damage caused and not more than three
times such value, shall be imposed upon:

1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or
mortgage the same.

2. Any person, who, knowing that real property is encumbered, shall dispose of the same,
although such encumbrance be not recorded.
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UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]
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3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to
the prejudice of the latter or any third person.

4. Any person who, to the prejudice of another, shall execute any fictitious contract.

5. Any person who shall accept any compensation given him under the belief that it was in
payment of services rendered or labor performed by him, when in fact he did not actually perform
such services or labor.

6. Any person who, while being a surety in a bond given in a criminal or civil action, without
express authority from the court or before the cancellation of his bond or before being relieved
from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber
the real property or properties with which he guaranteed the fulfillment of such obligation.

Article 317. Swindling a minor. – Any person who taking advantage of the inexperience or
emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to
give any release or execute a transfer of any property right in consideration of some loan of
money, credit or other personal property, whether the loan clearly appears in the document or is
shown in any other form, shall suffer the penalty of arresto mayor and a fine of a sum ranging
from 10 to 50 per cent of the value of the obligation contracted by the minor.

Art. 318. Other deceits. – The penalty of arresto mayor and a fine of not less than the amount of
the damage caused and not more than twice such amount shall be imposed upon any person who
shall defraud or damage another by any other deceit not mentioned in the preceding articles of
this Chapter.

Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other similar manner, shall suffer the penalty of
arresto mayor or a fine not exceeding Forty thousand pesos (₱40,000). (As amended by R.A.
10951)

Chapter Seven: Chattel Mortgage

Article 319. Removal, sale or pledge of mortgaged property. – The penalty or arresto mayor or a
fine amounting to twice the value of the property shall be imposed upon:

1. Any person who shall knowingly remove any personal property mortgaged under the Chattel
Mortgage Law to any province or city other than the one in which it was located at the time of the
execution of the mortgage, without the written consent of the mortgagee, or his executors,
administrators or assigns.

2. Any mortgagor who shall sell or pledge personal property already pledged, or any part thereof,
under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the
back of the mortgage and noted on the record hereof in the office of the Register of Deeds of the
province where such property is located.

Chapter Eight: Arson and Other Crimes involving Destructions

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1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of
simultaneous burnings, committed on several or different occasions.

2. Any building of public or private ownership, devoted to the public in general or where people
usually gather or congregate for a definite purpose such as, but not limited to, official
governmental function or business, private transaction, commerce, trade, workshop, meetings and
conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels,
transient dwellings, public conveyances or stops or terminals, regardless of whether the offender
had knowledge that there are persons in said building or edifice at the time it is set on fire and
regardless also of whether the building is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or

conveyance, or for public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances thereto, which are
devoted to the service of public utilities.

5. Any building the burning of which is for the purpose of concealing or destroying evidence of
another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to
collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of
reclusion perpetua to death shall likewise be imposed when the arson is perpetrated or committed
by two (2) or more persons or by a group of persons, regardless of whether their purpose is
merely to burn or destroy the building or the burning merely constitutes an overt act in the
commission or another violation of law.

The penalty of reclusion perpetua to death shall also be imposed upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance,

storehouse, archives or general museum of the Government.

2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

If as a consequence of the commission of any of the acts penalized under this Article, death
results, the mandatory penalty of death shall be imposed. (as amended by R.A. 7659)

Article 321. Other forms of arson. – When the arson consists in the burning of other property and
under the circumstances given hereunder, the offender shall be punishable:

1. By reclusion temporal or reclusion perpetua:

(a) if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in
port, knowing it to be occupied at the time by one or more persons;
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UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
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(b) If the building burned is a public building and value of the damage caused exceeds 6,000
pesos;

(c) If the building burned is a public building and the purpose is to destroy evidence kept therein
to be used in instituting prosecution for the punishment of violators of the law, irrespective of the
amount of the damage;

(d) If the building burned is a public building and the purpose is to destroy evidence kept therein
to be used in legislative, judicial or administrative proceedings, irrespective of the amount of the
damage; Provided, however, That if the evidence destroyed is to be used against the defendant for
the prosecution of any crime punishable under existing laws, the penalty shall be reclusion
perpetua;

(e) If the arson shall have been committed with the intention of collecting under an insurance
policy against loss or damage by fire.

2. By reclusion temporal:

(a) If an inhabited house or any other building in which people are accustomed to meet is set on
fire, and the culprit did not know that such house or building was occupied at the time, or if he
shall set fire to a moving freight train or motor vehicle, and the value of the damage caused
exceeds 6,000 pesos;

(b) If the value of the damage caused in paragraph (b) of the preceding subdivision does not
exceed 6,000 pesos;

(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on
fire and the damage caused exceeds 6,000 pesos; and

(d) If grain fields, pasture lands, or forests, or plantings are set on fire, and the damage caused
exceeds 6,000 pesos.

3. By prision mayor:

(a) If the value of the damage caused in the case mentioned in paragraphs (a),

(c), and (d) in the next preceding subdivision does not exceed 6,000 pesos;

(b) If a building not used as a dwelling or place of assembly, located in a populated place, is set
on fire, and the damage caused exceeds 6,000 pesos;

4. By prision correccional in its maximum period to prision mayor in its medium period:

(a) If a building used as dwelling located in an uninhabited place is set on fire and the damage
caused exceeds 1,000 pesos;

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5. By prision correccional in its medium period to prision mayor in its minimum period, when the
damage caused is over 200 pesos but does not exceed 1,000 pesos, and the property referred to in
paragraph (a) of the preceding subdivision is set on fire; but when the value of such property does
not exceed 200 pesos, the penalty next lower in degree than that prescribed in this subdivision
shall be imposed.

6. The penalty of prision correccional in its medium and maximum periods, if the damage caused
in the case mentioned in paragraph (b) of subdivision 3 of this article does not exceed 6,000 pesos
but is over 200 pesos.

7. The penalty of prision correccional in its minimum and medium periods, if the damage caused
in the case mentioned paragraph (b) subdivision 3 of this article does not exceed 200 pesos.

8. The penalty of arresto mayor and a fine ranging from fifty to one hundred per centum if the
damage caused shall be imposed, when the property burned consists of grain fields, pasture lands,
forests, or plantations when the value of such property does not exceed 200 pesos. (As amended
by R.A. 5467, approved May 12, 1969).

Article 322. Cases of arson not included in the preceding articles. – Cases of arson not included in
the next preceding articles shall be punished:

1. By arresto mayor in its medium and maximum periods, when the damage caused does not
exceed 50 pesos;

2. By arresto mayor in its maximum period to prision correccional in its minimum period, when
the damage caused is over 50 pesos but does not exceed 200 pesos;

3. By prision correccional in its minimum and medium periods, if the damage caused is over 200
pesos but does not exceed 1,000 pesos; and

4. By prision correccional in its medium and maximum periods, if it is over 1,000 pesos.

Article 323. Arson of property of small value. – The arson of any uninhabited hut, storehouse,
barn, shed, or any other property the value of which does not exceed 25 pesos, committed at a
time or under circumstances which clearly exclude all danger of the fire spreading, shall not be
punished by the penalties respectively prescribed in this chapter, but in accordance with the
damage caused and under the provisions of the following chapter.

Article 324. Crimes involving destruction. – Any person who shall cause destruction by means of
explosion, discharge of electric current, inundation, sinking or stranding of a vessel, intentional
damaging of the engine of said vessel, taking up the rails from a railway track, maliciously
changing railway signals for the safety of moving trains, destroying telegraph wires and telegraph
posts, or those of any other system, and, in general, by using any other agency or means of
destruction as effective as those above enumerated, shall be punished by reclusion temporal if the

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Article 325. Burning one’s own property as means to commit arson. – Any person guilty of arson
or causing great destruction of the property belonging to another shall suffer the penalties
prescribed in this chapter, even though he shall have set fire to or destroyed his own property for
the purposes of committing the crime.

Article 326. Setting fire to property exclusively owned by the offender. – If the property burned
shall be the exclusive property of the offender, he shall be punished by arresto mayor in its
maximum period to prision correccional in its minimum period, if the arson shall have been
committed for the purpose of defrauding or causing damage to another, or prejudice shall actually
have been caused, or if the thing burned shall have been a building in an inhabited place.

Article 326-A. In cases where death resulted as a consequence of arson. – If death resulted as a
consequence of arson committed on any of the properties and under any of the circumstances
mentioned in the preceding articles, the court shall impose the death penalty.

Article 326-B. Prima facie evidence of arson. – Any of the following circumstances shall
constitute prima facie evidence of arson:

1. If after the fire, are found materials or substances soaked in gasoline, kerosene, petroleum, or
other inflammables, or any mechanical, electrical chemical or traces or any of the foregoing.

2. That substantial amount of inflammable substance or materials were stored within the building
not necessary in the course of the defendant’s business; and

3. That the fire started simultaneously in more than one part of the building or locale under
circumstances that cannot normally be due to accidental or unintentional causes: Provided,
however, That at least one of the following is present in any of the three above-mentioned
circumstances:

(a) That the total insurance carried on the building and/or goods is more than 80 per cent of the
value of such building and/or goods at the time of the fire;

(b) That the defendant after the fire has presented a fraudulent claim for loss.

The penalty of prision correccional shall be imposed on one who plants the articles above-
mentioned, in order to secure a conviction, or as a means of extortion or coercion. (As amended
by R.A. 5467, approved May 12, 1969).

Chapter Nine: Malicious Mischief

Article 327. Who are liable for malicious mischief. – Any person who shall deliberately cause the
property of another any damage not falling within the terms of the next preceding chapter shall be
guilty of malicious mischief.

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UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
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Art. 328. Special cases of malicious mischief. – Any person who shall cause damage to obstruct
the performance of public functions, or using any poisonous or corrosive substance; or spreading
any infection or contagion among cattle; or who causes damage to the property of the National
Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any
other thing used in common by the public, shall be punished:

1. By prisión correccional in its minimum and medium periods, if the value of the damage caused
exceeds Two hundred thousand pesos (₱200,000);

2. Bv arresto mayor if such value does not exceed the abovementioned amount but is over Forty
thousand pesos (₱40,000); and

3. By arresto menor, if such value does not exceed Forty thousand pesos (₱40,000).

Art. 329. Other mischiefs. – The mischiefs not included in the next preceding article shall be
punished:

1. By arresto mayor in its medium and maximum periods, if the value of the damage caused
exceeds Two hundred thousand pesos (₱200,000);

2. By arresto mayor in its minimum and medium periods, if such value is over Forty thousand
pesos (₱40,000) but does not exceed Two hundred thousand pesos (₱200,000); and

3. By arresto menor or a fine of not less than the value of the damage caused and not more than
Forty thousand pesos (₱40,000), if the amount involved does not exceed Forty thousand pesos
(₱40,000) or cannot be estimated. (As amended by R.A. 10951)

Article 330. Damage and obstruction to means of communication. – The penalty of prision
correccional in its medium and maximum periods shall be imposed upon any person who shall
damage any railway, telegraph or telephone lines.

If the damage shall result in any derailment of cars, collision or other accident, the penalty of
prision mayor shall be imposed, without prejudice to the criminal liability of the offender for the
other consequences of his criminal act.

For the purpose of the provisions of the article, the electric wires, traction cables, signal system
and other things pertaining to railways, shall be deemed to constitute an integral part of a railway
system.

Art. 331. Destroying or damaging statues, public monuments or paintings. – Any person who
shall destroy or damage statues or any other useful or ornamental public monument, shall suffer
the penalty of arresto mayor in its medium period to prisión correccional in its minimum period.

Any person who shall destroy or damage any useful or ornamental painting of a public nature
shall suffer the penalty of arresto menor or a fine not exceeding Forty thousand pesos (₱40,000),
or both such fine and imprisonment, in the discretion of the court. (As amended by R.A. 10951)

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Chapter Ten: Exemption from Criminal Liability in Crimes Against Property

Article 332. Persons exempt from criminal liability. – No criminal, but only civil liability, shall
result from the commission of the crime of theft, swindling or malicious mischief committed or
caused mutually by the following persons:

1. Spouses, ascendants and descendants, or relatives by affinity in the same line.

2. The widowed spouse with respect to the property which belonged to the deceased spouse
before the same shall have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established by this article shall not be applicable to strangers participating in the
commission of the crime.

Special Penal Laws

Anti-Arson Law (PD 1613)

Any person who burns or sets fire to the property of another shall be punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.

Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished
by Prision Mayor.

The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.

Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or

combustible materials are stored.

2. Any archive, museum, whether public or private, or any edifice devoted to culture, education
or social services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property

5. Any building where evidence is kept for use in any legislative, judicial, administrative or other
official proceedings.
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(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
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6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or
private market, theater or movie house or any similar place or building.

7. Any building, whether used as a dwelling or not, situated in a populated or congested area.

Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall
be imposed if the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;

5. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;

6. Any rice mill, sugar mill, cane mill or mill central; and

7. Any railway or bus station, airport, wharf or warehouse.

Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall
be imposed in its maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;

3. If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned;

4. If committed by a syndicate.

The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or
more persons.

Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death
results, the penalty of Reclusion Perpetua to death shall be imposed.

Section 6. Prima Facie evidence of Arson. Any of the following circumstances shall constitute
prima facie evidence of arson:

1. If the fire started simultaneously in more than one part of the building or establishment.

2. If substantial amount of flammable substances or materials are stored within the building note
necessary in the business of the offender nor for household us.

3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials

soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the
ruins or premises of the burned building or property.

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5. If during the lifetime of the corresponding fire insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and/or insured.

6. If shortly before the fire, a substantial portion of the effects insured and stored in a building or
property had been withdrawn from the premises except in the ordinary course of business.

7. If a demand for money or other valuable consideration was made before the fire in exchange
for the desistance of the offender or for the safety of the person or property of the victim.

Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by

Prision Mayor in its minimum period.

Section 8. Confiscation of Object of Arson. The building which is the object of arson including
the land on which it is situated shall be confiscated and escheated to the State, unless the owner
thereof can prove that he has no participation in nor knowledge of such arson despite the exercise
of due diligence on his part.

Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the Revised Penal Code
and all laws, executive orders, rules and regulations, or parts thereof, inconsistent with the
provisions of this Decree are hereby repealed or amended accordingly.

Section 10. Effectivity. This Decree shall take effect immediately upon publication thereof at
least once in a newspaper of general circulation.

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MIDTERM COVERAGE
Evidence
The means, sanction by law of ascertaining in a judicial proceeding the truth respecting a matter
of fact. Reference: Section 1, 2, 3, 4, -128 rules of court Medical Evidence is the means sanction
by law of ascertaining in a judicial proceeding that truth respecting a matter of fact wherein
scientific medical knowledge is necessary.

Types of Evidences:

 Documentary Evidence

Documentary evidence is evidence that contains a record of some kind. Documents may be
admitted as evidence in court, but there are rules in place to determine their admissibility, and
to help the court (or jury) to decide what the documents prove.

Under the law in Ireland a document includes:

 Anything with writing on it

 Maps, plans, graphs or drawings
 Photographs or films
 Audio recordings
 Computer records

This is not a full list, and other types of documentary evidence may be accepted.

 Documents may be classed as real evidence where they are entered into evidence to
prove their existence (rather than as proof of the contents of the document). Documents
may also be classed as real evidence where they have been produced automatically (for
example CCTV footage and mobile phone records)

 Testimonial Evidence
Testimonial evidence is evidence that can be used in a court proceeding by a witness'
testimony. Testimonial evidence definition is as follows: any evidence that is not proven or
supported by the physical evidence but solely based on a credible witness. It is used to recreate a
crime scene within the courtroom trial setting and is considered admissible in that setting.
Although considerably more subjective than physical evidence, testimonial evidence is an
effective way to create a visual, persuade the jury, and even piece together aspects of physical
evidence. It can be strategically incorporated by both the prosecution and the defense. The idea is
that the witness is under oath in the courtroom, so in that context, it should be taken. There are
advantages and disadvantages on both sides because testimonial evidence is in the hands of the

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 Real Evidence

This form of evidence is made known or addressed to the senses of the court.
Section 1, Rule 130 Rules of Court View of an Object whenever an object
has such a relation to the fact in dispute as to afford reasonable grounds or
belief respecting it, such object may be exhibit to or viewed by the court, or
its existence, situation, or character proved by witnesses, as the court in its
discretion may determine.
a) Indecency and impropriety - are exceptions to this rule of evidence, but when
exhibition is necessary for the end of justice, notions of decency and delicacy of
feeling will not be allowed to prevail.

 Any material thing that may be utilized to assist establish or refute a fact in a
case is considered real evidence. In other words, real evidence refers to
anything tangible, such as a photo of a person holding up their phone during
the accident.
 In criminal law, real evidence is defined as any physical object that can be
used to help prove or disprove a fact in a case. This could include things like
weapons, clothing, or even DNA evidence. Real evidence is often contrasted
with testimonial evidence, which is given by witnesses.
 Some examples of real evidence include weapons, clothing, and DNA
evidence. They each play an important role to help a judge or jury understand
what happened in a case.

Procedures or Steps in Filling Cases

Receiving/report complaints
 The first step in taking legal action is to report to the proper authorities,
typically to officials of the barangay where the incident happened, or to the
police.
Record into police blotter
 The barangay officials or the police will generate a “blotter” which will serve as an
important piece of evidence in your case.
Dispatch
 A service that answers all public emergency and non-emergency calls,
coordinating the police department's response to the severity of the reported
crime or accident.

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Proceed to reported place promptly and safely (preliminary stage of investigation)

 Upon arrival , the investigator on case shall assets the crime scene as to
whether he can process or there is a need for the SOCO TEAM
SOP in crime scene search
 for the purpose of this SOP, Crime Scene Investigation (CSI) shall refer to all
the investigative procedures undertaken at the crime scene commencing from
the arrival of the PNP First Responders (FRs) to the arrival of the Duty
Investigator/IOC and the SOCO Team until the lifting of the security cordon
and release of the crime scene. The following are the intents and purposes of
this SOP:
a. To define and delineate the functions and responsibilities of the FRs. the IOC,
and the SOCO Team in the conduct of crime scene investigation;
b. To establish and harmonize the sequence of activities that shall be conducted at
the crime scene and identify the accountabilities of each responsible PNP
personnel/team;
c. To set the standard forms that shall be required to be accomplished by the FR,
the SOCO Team and the IOC, which shall henceforth become an integral part of the
case folder;
d. To minimize the most common mistakes committed by the investigators and
ensure that potential physical evidence is not contaminated or destroyed and
potential witnesses are not overlooked;
e. To ensure that lives are saved and that the security and safety of the PNP CSI
personnel (FR/IOC/SOCO) are enhanced;
f. To ensure that the CSI procedures are conducted properly, efficiently and
effectively to ensure the admissibility of collected evidence in court; and
g. To address and mitigate the investigation procedural weaknesses identified
during the conduct of case reviews.

Filling of Cases
A. Preliminary Investigation
 A preliminary investigation is required before an offense can be filed in
court. The main purpose of a preliminary investigation is to determine
whether a crime has been committed. If it is determined that a crime has been
committed, law enforcement will collect evidence to determine who
committed the crime.
B. Inquest Proceedings
 In criminal procedure Inquest is defined as an informal and summary
investigation conducted by a public prosecutor in criminal cases involving
persons arrested and detained without the benefit of a warrant of arrest issued
by the court.

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Preliminary Investigation
A1. • Documentary

Excerpt from Police Blotter

 an official logbook, covered blue with hardbound cover that contains the
daily register of all crime incident reports, official summary of arrests
and other significant events/activities reported in the police station.
Complete Affidavits
 a written, sworn statement used in court proceedings and other legal matters
that has been witnessed and notarized by another party. Depending on your
location, you might need to have an authorized affidavit taker witness the
creation of your affidavit in person.
Physical Evidence
 Is evidence that can be seen, touched, or observed in a crime scene. Physical
evidence can be easily contaminated on the scene, during collection and
processing, or over time.

Inquest Proceedings
B.1. • Documentary
Excerpt from Police Blotter
 an official logbook, covered blue with hardbound cover that contains the
daily register of all crime incident reports, official summary of arrests
and other significant events/activities reported in the police station.
Complete Affidavits
 a written, sworn statement used in court proceedings and other legal matters
that has been witnessed and notarized by another party. Depending on your
location, you might need to have an authorized affidavit taker witness the
creation of your affidavit in person.
Physical Evidence
 Is evidence that can be seen, touched, or observed in a crime scene. Physical
evidence can be easily contaminated on the scene, during collection and
processing, or over time.
Affidavits of Arrest
 Generally filled out by the arresting officer and states the facts and
circumstances surrounding an arrest. The affidavit may state such facts
as the information which led to the arrest and the observations made
before and after the arrest occurred.
Instances of Warrantless Arrest
 Also as provided within the Revised Rules are other instances of lawful
arrests without warrant: If a person lawfully arrested escapes or is rescued,

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any person may immediately pursue or retake him without a warrant at any
time and in any place within the Philippines.

Golden Rule under Arrest

General rule is that arrests without warrant are unlawful and invalid. The Revised
Rules of Criminal Procedure, however, provides three exceptions to an arrest
without a warrant as lawful.

These three exceptions are

 In flagrante De Licto

 Hot Pursuit

 Escapee

The warrant of arrest is issued by the judge upon filing by the public prosecutor of
an information in court, presupposing that the public prosecutor had found probable
cause to bring the respondent to trial after conduct of preliminary investigation.

This largely springs from the constitutional provision, under Section 2, Article III
(Bill of Rights) of the 1987 Constitution that no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons
or things to be seized.

But there are instances where an arrest can be effected without a warrant of arrest.
Under Rule 113, Section 5 of the Revised Rules of Criminal Procedure, a peace
officer or a private person may, without a warrant, arrest a person: (a) When, in his
presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense. This is also known as an in flagrante delicto (or
in the very act of wrongdoing) arrest.

(b) When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it. This is also known as a hot pursuit arrest.

(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
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UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
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SCHOOL OF CRIMINOLOGY

confined while his case is pending, or has escaped while being transferred from one
confinement to another.

In cases falling under paragraphs (a) and (b) justifying warrantless arrests, the
person arrested without a warrant shall be delivered to the nearest police station for
the conduct of inquest proceedings. As discussed in our last article, when a person
is lawfully arrested without a warrant involving an offense which requires a
preliminary investigation, inquest by the public prosecutor will follow instead of a
regular preliminary investigation, pursuant to Section 7 of Rule 112 of the Revised
Rules of Criminal Procedure.

For an in flagrante delicto arrest under paragraph (a) to be valid:

First, the person to be arrested must execute an overt act indicating that he or she
has just committed, is actually committing, or is attempting to commit a crime; and,

Second, such overt act is done in the presence or within the view of the arresting
officer.

There must be probable cause to effect the in flagrante delicto arrest, referring to
those facts and circumstances which would lead a reasonably discreet and prudent
man to believe that an offense has been committed by the person sought to be
arrested. After a valid warrantless arrest is effected, the officer may also conduct a
valid warrantless search, which is in incidental to such arrest.

To illustrate requirement that the overt act must be witnessed by the arresting
officer, the court invalidated the arrest of the accused when evidence showed the
arresting officer was 5 to 10 meters away when a supposedly illegal drug sale
transaction supposedly took place.

Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,

DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS
THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF

Section 2. Rights of Persons Arrested, Detained or Under Custodial

Investigation; Duties of Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.
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UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]
SCHOOL OF CRIMINOLOGY

(b) Any public officer or employee, or anyone acting under his order or his
place, who arrests, detains or investigates any person for the commission of
an offense shall inform the latter, in a language known to and understood by
him, of his rights to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel,
he must be provided with a competent and independent counsel by the
investigating officer.lawphi1Ÿ

(c) The custodial investigation report shall be reduced to writing by the

investigating officer, provided that before such report is signed, or thumb
marked if the person arrested or detained does not know how to read and
write, it shall be read and adequately explained to him by his counsel or by
the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or

under custodial investigation shall be in writing and signed by such person in
the presence of his counsel or in the latter's absence, upon a valid waiver, and
in the presence of any of the parents, elder brothers and sisters, his spouse,
the municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of

Article 125 of the Revised Penal Code, or under custodial investigation, shall
be in writing and signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be

allowed visits by or conferences with any member of his immediate family,
or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-
governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family"
shall include his or her spouse, fiancé or fiancée, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is

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suspected to have committed, without prejudice to the liability of the "inviting"

officer for any violation of law.

Article III of 1987 Phil. Constitution

Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or
things to be seized.

FINAL COVERAGE

INTERVIEW AND INTEROGATION

A. INTERVIEW
1. Interview Defined. – An interview is the questioning of a person
believed to possess knowledge that is of official interest to the
investigator.
2. Importance of Interview. – Interview in crime investigation is very
importance as the person interviewed usually gives hi account of an
incident under investigation of offers information concerning a person
being investigated in his own manner and words.

Basic Assumption: Nobody has to talk to law enforcers. No law

compels a person to talk to the police if he does not want to. Therefore,
people will have to be persuaded, always within legal and ethical limits,
to talk to law enforcers. This makes interviewing an art.

I.R.O.N.I.C. FORMAT

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The interview of a witness can be described by its acronym ‘IRONIC’

which stands for Identity, Rapport, Opening Statement, Narration,
Inquiry, and conclusion.
Identity – prior to the commencement of an interview, the investigator
should identify himself to the subject by name, rank and agency. Except,
when there is no need to know the officer’s identity.

Rapport – it is good to get the positive feeling of the subject towards the
investigators, such friendly atmosphere is a vital for both the subject and
the investigator t have a better interaction.

Opening Statement – the investigator must have to indicate why the

subject is being contracted.

Narration – the witness should be allowed to tell all he knows with little
interruptions from the investigator.

Inquiry – after all information have been given by the subject, that is the
time for the investigator to as question to clarify him about the case
under investigation.

Conclusions – after the interview, it is but proper to close the interview

with outmost courtesy and thanking the subject for his cooperation.

RULES TO BE OBSERVED IN QUESTIONING

a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)

INTERROGATION –is a questioning of a person suspected of having

committed an offense or a person who is reluctant to make full disclosure
of information in his possession which is pertinent to the investigation.
What are the purposes of Interrogation?
a. To obtain confession to the crime
b. To induce the suspect to make admission
c. To learn the facts of the crime
d. To learn the identity of the accomplice
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UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]
SCHOOL OF CRIMINOLOGY

e. To develop information which will lead to the recovery of the fruits of

the crime
f. To discover the details of other crimes participated by the suspect

INTERROGATION TECHNIQUES

Emotional Appeal
Place the subject in the proper frame of mind. The investigator
should provide emotional stimuli that will prompt the subject to
unburden himself by confiding. Analyze the subject’s personality
and decide what motivation would prompt him to tell the truth, and
then provide those motives through appropriate emotional appeals.
Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he
is apparently in trouble. Gestures of friendship may win his
cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if
he is treated in a kind and friendly manner.
Extenuation
The investigator indicates he does not consider his subject’s
indiscretion a grave offense.
Shifting the blame
The interrogator makes clear his belief that the subject is obviously
not the sort of person who usually gets mixed up in a crime like
this. The interrogator could tell from the start that he was not
dealing with a fellow who is a criminal by nature and choice.
Mutt and Jeff
Two (2) Agents are employed.
- Mutt, the relentless investigator, who is not going to waste any
time because he knows that the subject is guilty.
- Jeff, on the other hand, is obviously a kind-hearted man.
Bluff on a Split Pair
This is applicable when there is more than one suspect. The
suspects are separated and one is informed that other has talked.
Pretense of Physical Evidence
The investigator may pretend that certain physical evidence has
found by laboratory experts against him.
Jolting
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UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]
SCHOOL OF CRIMINOLOGY

May be applied to calm and nervous subjects by constantly

observing the suspects, the investigator chooses a propitious
moment to shout a pertinent question and appear as though he is
beside himself with rage. The subject may be unnerved to the
extent of confessing:

CUSTODIAL INTERROGATION/INVESTIGATION – is the

questioning of a law enforcement officer on a person under custody and
otherwise deprived of his freedom or liberty. This is the stage in
investigation where there is strict observance of the Miranda Doctrine.
MIRANDA DOCTRINE – this case which entitled Miranda vs.
Arizona, is a US Supreme Court Jurisprudence which laid down the
constitutional rights of the accused during custodial investigation. It was
incorporated in our 1973 Constitution and later in the 1987 Constitution
of the Philippines.
INSTRUMENTATION
It is the application of instruments and methods of physical science
to the detection of crimes. In cases where there are no significant
physical evidence to be found, then the use of instrumentation is
relatively unimportant.
PHASES/STAGES OF CRIMINAL INVESTIGATION
1. Identification of criminals
2. Tracing and locating the criminal
3. Gathering of evidence to prove the guilt of the criminal

1. IDENTIFICATION OF CRIMINALS
METHODS OF IDENTIFYING CRIMINALS
a. By confession or admission of the criminal himself
b. Identification by accounts or testimonies of eyewitnesses
c. Identification by circumstantial evidence
d. Identification by associative evidence
e. Identification by the Method of Operation (Modus Operandi)

CONFESSION– is the direct acknowledgement of guilt arising from the

commission of a crime.
Types of Confession
a. Extra-Judicial Confession – those made by the suspect during
custodial investigation.

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b. Judicial Confession– those made by the accused in open court. The

plea of guilt may be during arraignment or in any stage of the
proceedings where the accused changes his plea of not guilty to guilty.
ADMISSION– is a self-incriminatory statement by the subject falling
short of an acknowledgement of guilt. It is an acknowledgement of a fact
or circumstances from which guilt maybe inferred. It implicates but does
not incriminate. It is also an acknowledgement that a fact, action or
circumstances are true which strongly infer or directly admit guilt but
lacks the detail of the elements of the crime.

RULES TO BE OBSERVED IN TAKING CONFESSION OR

ADMISSION
1. Confession or admission must be taken preferably in writing and
under oath
2. It must be written in the language known and understood by the
accused, if not it must be clearly translated
3. It must be freely and voluntary given by the accused
4. Under the New Constitution, it must be taken in the presence of
competent and independent counsel chosen by the accused

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