CDI 3

SPECIALIZED CRIME INVESTIGATION 2

(W/ SIMULATION ON INTERVIEW AND INTERROGATION)
PRELIMS
CRIMES AGAINST PROPERTY
What is Crime Against Property?

Crime Against Property

are crimes that are directed to a person's belongings,
intellectual properties and money. It includes many common
crimes relating to theft or destruction of someone else's property.
It is any action whether by theft or destruction and without
permission from the rightful owner, to intentionally permanently
deprive, or risk depriving, an individual or commercial entity from
their physical or virtual property.
Crimes against property
can range from lower-level offenses such as shoplifting or vandalism to
high-level felonies including armed robbery and arson
The object of crimes against property, such as, robbery, bribery, and
burglary, is to obtain money, property, or some other benefit from a victim
or destruction of someone else's property as in the crime of arson (Sabino-
Diangson, 2020, p. 12).
Some such crimes against property do not require the offender to make off
with stolen goods or even to harm a victim, for instance burglary, which
only requires unlawful entry with the intent to commit a crime.
While others require the actual taking of money or property. Moreover,
some, such as robbery, require a victim present at the time of the crime
(Thomson Reuters, 2022).
Robbery
 Robbery

According to the 1930 Revised Penal Code of the Philippines:

any person who, with intent to gain, shall take any personal
property belonging to another, by means of violence or
intimidation of any person, or using force upon anything shall be
guilty of robbery".
Robbery is theft accomplished by violence or the threat of
violence. It almost always requires the presence of a victim who is
threatened with bodily harm.
Elements of the Crime of
Robbery
The PNP Criminal Investigation Manual (2011), states that the
elements of robbery are as follows:
 1. The personal property belongs to another.
 2. The unlawful taking of that property.
 3. With intent to gain (animus lucrandi).
 Animus lucrandi, or intent to gain, is an internal act which can be established
through the overt acts of the offender
 4. Violence against or intimidation of any person or force upon things.
 5. The offense can be committed by a band or with the use of firearms on a
street, road or alley or by attacking a moving train, street car, motor vehicle or
airship or by entering or taking the passenger conveyance by surprise.
 6. Other analogous acts
Robbery with Violence or
Intimidation of Persons
Robbery is oftentimes accompanied by violence or intimidation of
another person. The elements of these are as follows:

 The personal property belongs to another.

 The unlawful taking of that property.
 With intent to gain (animus lucrandi).
 The taking is with violence against or intimidation of persons.
Five classes of Robbery with
Violence or Intimidation
 Robbery with violence or intimidation of persons, takes
five classifications, namely:

1. Robbery with homicide

2. Robbery with rape, intentional mutilation. or the physical injuries

3. Robbery with physical injuries

4. Robbery committed with unnecessary violence or with physical injuries

5. Robbery in other cases, or simply robbery where the violence against or

intimidation of persons cannot be subsumed by or where it is not sufficiently
specified so as to fall under, the first four.
Robbery by the Use of Force
upon Things
Elements of Robbery by the Use of Force upon Things are:

 The is taking of personal property;

 The personal property belong to another;
 The taking is with animus lucrandi;
 The taking is with force upon things.
Robbery in an Inhabited House
or Public Building or Edifice
Devoted to Worship
The malefactors shall enter the house or building in
which the robbery was committed, by any of the
following means (RA 3815, 1930, ART 299):
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 to exercise public

authority.
Or if the robbery be committed under any of the
following circumstances (RA 3815, 1930, ART 299):

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 to be broken or forced open

outside the place of the robbery

Inhabited house- means any shelter, ship or vessel constituting

the dwelling of one or more persons, even though the inhabitants
are temporarily absent from it when the robbery is committed.
 Robbery in an
Uninhabited Place or in a
Private Building
The following circumstances is present in Robbery in an
Uninhabited Place or in a Private Building (RA 3815, 1930, ART
302):

1. If the entrance has been effected through any opening not intended for entrance or
egress.
2. If any wall, roof, flour 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.
4. If any dorm, wardrobe, chest or by 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 is broken open elsewhere.
The term “false keys" includes (RA 3815, 1930, ART 305):
1. The tools mentioned in the preceding articles like picklocks.
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.
Brigandage
Brigands
also known as Highway Robbers, are a group of more than
three armed persons forming a band of robbers for the purpose of
committing robbery in the highway, or kidnapping persons for the
purpose of extortion or to obtain ransom or for any other purpose
to be attained by means of force and violence (RA 3815, 1930, ART
306).
According to the Anti-Piracy and Anti-Highway Robbery
Law of 1974, Brigandage is the seizure of any person for ransom,
extortion or other unlawful purposes, or the taking away of the
property of another by means of violence against or intimidation
of person or force upon things of other unlawful means,
committed by any person on any Philippine Highway."
Theft
Theft

According to the 1930 Revised Penal Code of the Philippines,

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 also committed by the following (RA 3815, 1930,
Section 308):
1. Any person who, having found lost property, shall fail to deliver the
same to the local authorities or to its owner;

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 enclosed 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.
Four Modes of Theft
Four Modes of Theft
1. Asportation- It is the carrying away of someone else's property that is an
element of larceny. The taking away is accomplished without violence or
intimidation against a person or force upon things.

Larceny Is the trespassory taking and carrying away personal goods from the
possession of another with intent to steal.

2. Lost Property- The perpetrator finds a lost item/ Property and failed or did not
intend to deliver the lost property to its rightful owner (Del Puerto, 2021).

3. Damage to Property- The offender maliciously damages the property of

others, and he removes or makes use of the fruits or objects of the damage caused
by him (Del Puerto, 2021).

4. Hunting or Gathering- The violator enters an enclosed estate or a field

without any consent of the owner, and where trespass is forbidden. He hunts or
fishes, or gathers crops without the consent of the owner (Del Puerto, 2021).
Qualified Theft
Qualified theft is a crime of theft committed by the following (RA
3815, 1930, ART 310):
1. A domestic servant,
2. With grave abuse of confidence.
3. 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
4. If property is taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident or civil disturbance.
Usurpation
Usurpation
is the occupation of real property or any real rights in
property belonging to another by means of violence against or
intimidation of persons (RA 3815, 1930, ART 312). According to
the Revised Penal Code of the Philippines (1930) this includes
altering boundaries or landmarks (RA 3815, 1930, ART 313).
The elements of the offense are;
1. Occupation of another's real property or usurpation of a real
right belonging to another Person;
2. Violence or intimidation should be employed in possession the
real property or in usurping the real right, trial
3. The accused should be animated by the intent to gain
Culpable Insolvency
Culpable Insolvency
-Also known as Fraudulent insolvency.
-It is committed by any person who absconds with his property to the
prejudice of his creditors (RA 3815, 1930, ART 314).

-Insolvency refers to situations where a debtor cannot pay the debts

she owes.

Culpable Insolvency
-is the fraudulent disposal or concealment and or disposal of properties
of a debtor to defraud his creditors.
Swindling
Swindling also known as Estafa, it is an act of defrauding another
person by any of the following means:

1. Unfaithfulness or abuse of confidence:

a. Altering the quality, quantity, and substance of the subject matter in a
contract;
b. Misappropriating or converting someone else's money, goods, or any other
personal property; or denying these from them;
c. Taking advantage of a signature in blank
2. Deceit or fraudulent acts:
a. Using a fictitious identity to deceive another;
b. Altering quality, fineness or weight of anything pertaining to art or business;
c. Issuing unfunded or postdated checks;
d. Availing of services from hotels, restaurants, inns, etc. without paying for them

3. Fraudulent means:
a. Inducing another, through deceit, to sign any document;
b. Resorting to fraudulent practice to ensure success in a gambling game;
c. Removing, concealing or destroying (in whole or in part) any court record, office
files, document, or any other papers.
According to the Revised PNP Criminal Investigation Manual (2010)
the elements of Estafa are:
1. There is deceit.
2. There is damage or prejudice to the offended party.
3. The deceit is through unfaithfulness or abuse of confidence.
4. Some by means of false pretenses or fraudulent acts or means.
5. Other analogous acts
Syndicated Estafa
Syndicated Estafa
-is a swindling (estafa) that is committed by a syndicate consisting of
five or more persons formed with the intention of carrying out the
unlawful or illegal act, transaction, enterprise or scheme, and the
defraudation results in the misappropriation of money contributed by
stockholders, or members of rural banks, cooperative, "samahang
nayon(s)", or farmers association, or of funds solicited by
corporations/associations from the general public.
The following standards by which a group of purported swindlers may
be considered as a syndicate under PD No. 1689;

-They must be at least five (5) in number;

-They must have formed or managed a rural bank, cooperative, "samahang

nayon," farmer's association or any other corporation or association that solicits
funds from the general public.

-They formed or managed such associations with the intention of carrying out an
unlawful or illegal act, transaction, enterprise or scheme i.e., they used the very
association that they formed or managed as the means to defraud its own
stockholders, members and depositors.
Chattel Mortgage
Chattel mortgage
is a conditional sale of personal property as security for the payment
of a debt, or the performance of some other obligation specified therein,
the condition being that the sale shall be void upon the seller paying to the
purchaser a sum of money or doing some other act named.
If the condition is performed according to its terms the mortgage and sale
immediately become void, and the mortgagee is thereby divested of his
title.
Offenses Involving Chattel
Mortgage
According to the Revised Penal code of the Philippines (1930), the
following are considered offenses involving Chattel mortgage (RA
3815, 1930, ART 319):
1. Knowingly removing personal property mortgaged 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
2. Selling or pledging personal property already mortgaged or any part thereof,
under the terms of the Chattel Mortgage Law without the consent of the
mortgage written on the back of the mortgage and duly recorded in the CM
Register
Malicious Mischief
Malicious mischief
are attempts against another's property inspired
sometimes by hatred or a desire for revenge and sometimes by
the mere pleasure of destroying."
According to the Revised Penal Code of the Philippines,
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 (RA 3815, 1930,
Section 327).
The elements of the crime of malicious mischief are:
-That the offender deliberately caused damage to the property of another;
-That such act does not constitute arson or other crimes involving destruction;
-That the act of damaging another's property be committed merely for the sake
of damaging it.
Types of Malicious Mischiefs
 Types of Malicious mischiefs are (RA 3815, 1930, ART 328):

1. Causing damage to obstruct the performance of public functions,

2. Using any poisonous or corrosive substance;

3. Spreading any infection or contagion among cattle;

4. Causing 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
Bouncing Checks
 Bouncing Checks

is an act of making or drawing and issuance of a check without

sufficient funds or credit.
This also includes any person who, having sufficient funds in or
credit with the drawee bank when he makes or draws and issues a check,
shall fail to keep sufficient funds or to maintain a credit to cover the full
amount of the check if presented within a period of ninety (90) days from
the date appearing thereon, for which reason it is dishonored by the
drawee bank.
Arson
Arson
is the intentional burning or setting fire to the property of another or
own property under circumstances which expose to danger the life or
property of another.

The elements of the crime of Arson are (PNP, 201, p. 176):

1. Actual burning took place.

2. Actual burning is done with malicious intent.

3. The actual burning is done by a person(s) legally and criminally liable
Destructive Arson
According to the Presidential Decree 1613 (1979), it is considered as
destructive arson 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
According to the Presidential Decree 1613 (1979), it is considered as destructive arson if the property burned is any of the following:

5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings.
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.
Other Cases of Arson
The following are other cases of Arson (PD 1613,1979, Section 3):

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;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard,
bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.
Special Aggravating Circumstances in Arson
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.
Levels of Offense for Arson
According to the PNP Revised Criminal Investigation Manual (2011)
here are the level of offense for the crime of Arson:
1. Attempted Arson
The Suspect gets a rag and soaks it in kerosene with intent to burn the house of the
victim, his enemy. Suspect puts the rag in a combustible portion of the victim's
house and when in the act of striking his match in order to burn the rag soaked
with kerosene, Suspect is arrested by a policeman who happens to pass by.

The Suspect begins the commission of the felony directly by overt acts but does not
fulfill all the acts of execution necessary to produce the felony by reason of the
timely arrival of the policeman.
According to the PNP Revised Criminal Investigation Manual (2011)
here are the level of offense for the crime of Arson:
2. Frustrated Arson
The Suspect, with intent to burn, puts the rag soaked with kerosene in the
combustible part of the victim's house. A lights the rag and while it is burning,
Suspect runs away. Before the fire from the rag consumes any part of the
house, the victim discovers it and extinguishes the fire.
Suspect had already performed all the acts of execution necessary to produce
the felony but the felony was not produced by the reason of the timely arrival
of the victim, which is independent of the will of Suspect.
3. Consummated Arson
The Suspect, with intent to burn, lights a rag soaked with kerosene in the combustible
part of the victim's house. But before the fire was extinguished by the victim, it had
already burned a small portion of the house.

The Suspect had already performed all the acts of execution necessary to
produce the felony. The consummation of the crime does not depend upon the extent
of damage caused. Any charring of the wood or any structure, whereby the fiber of
the wood is destroyed, is already sufficient. It is not necessary that the wood or
structure should be ablaze. Setting fire to the contents inside the building can
constitute a consummated crime of arson, regardless if no part of the building was
Exceptions from Criminal Liability in
Crimes against Property
According to the Revised Penal code of the Philippines (1930), 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 (RA 3815, 1930, Section 332):

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.
LEGAL PROVISIONS ON
CRIMES AGAINST PROPERTY
Revised Penal Code
The Republic Act 3815, of 1930,
-commonly known as the Revised Penal Code of the Philippines.
-It is an act revising the Penal code and other Penal Laws of the Philippines.
-It contains the general penal laws of the Philippines.
-First enacted in 1930, it remains in effect today, despite several amendments on it.
-It consists of two books;
-the first book deals with the general provisions regarding the
date of enforcement and application of the provisions of the
Revised Penal Code, and regarding the offenses, the persons liable
and the penalties (RA 3815, 1930, Book One).

-While the second book deals with different categories of crimes

and it designated penalties (RA 3815, 1930, Book One).
The provisions on Crimes Against Property and its
corresponding penalties were presented on Title number
10 of the Book 2. The list of property crimes enumerated
on it are:

1. Robbery, 6. Swindling/Estafa,
2. Brigandage, 7. Chattel Mortgage,
3. Theft, 8. Malicious Mischief, and
4. Usurpation, 9. Arson and other Crimes involving
5. Culpable Insolvency, Destruction
Special Penal Code
Special Penal Code

The Special Penal Code is one of the sources of Philippine Criminal

Law, aside from the Revised Penal Code. There are Special Penal
Laws that deal with Crime Against Property,

here are some of the Special Penal laws pertaining to Property

Crimes:
Presidential Decree no. 1744

It is a decree amending Article 320 of the Revised Penal Code Provisions on

Arson. It was enacted last November 11, 1980 and signed by then President
Ferdinand E. Marcos. Its objective is to effectively discourage and deter the
commission of arson, and to prevent destruction of properties and protect
the lives of innocent people (PD 1744, 1980).

It states that penalty of Reclusion Temporal in its maximum period to

Reclusion Perpetua shall be imposed for persons who committed
Destructive Arson and other forms of Arson. In short, it imposes upon
arsonists the capital punishment (PD 1744, 1980, Section 1).
 Presidential Decree No. 1613

It is also a decree amending the Law on Arson, It was enacted last March 7, 1979
and signed by then President Ferdinand E. Marcos. It also imposes capital
punishment for Arsonist, while stressing the involvement of criminal syndicates
as perpetrators of Arson in the county (PD 1613, 1979).

It states that, if the arson is committed by a syndicate, it is one of the special

aggravating circumstances in Arson, and thus, the penalty in any case of arson
shall be imposed in its maximum period (PD 1613, 1979, Section 4).
 Batas Pambansa Bilang 22

It is also known as the Anti-Bouncing Check Law.

It is an act penalizing the making or drawing and issuance of a check without sufficient
funds or credits. It was approved last April 1979.
It was enacted to afford protection to business and the public in general, and prevent
the circulation of worthless checks, It punishes the acts of making and issuing a check
with knowledge by the issuer that at the time the check is issued, he does not have
sufficient funds, and the failure to keep sufficient funds to cover the full amount of the
check if presented within a period of 90 days from the date appearing on the check (BP
22, 1979, Section 1).
 Presidential Decree No. 532

It is also known as the Anti-Piracy and Anti-Highway Robbery Law of 1974. It

was enacted last August 8, 1974 and signed by then President Ferdinand E.
Marcos.

Its goal is to discourage acts of depredations of either piracy or highway

robbery /brigandage upon the persons and properties of innocent and
defenseless inhabitants who travel from one place to another, by imposing
heavy penalties on the offenders (PD. 532, 1974).
It defines Philippine Highway as any road, street, passage, highway and
bridges or other parts thereof, or railway or railroad within the Philippines
used by persons, or vehicles, or locomotives or trains for the movement or
circulation of persons or transportation of goods, articles, or property or
both.
While it refers to Highway Robbery/Brigandage as the seizure of any person
for ransom, extortion or other unlawful purposes, or the taking away of the
property of another by means of violence against or intimidation of person or
force upon things of other unlawful means, committed by any person on any
Philippine Highway (PD. 532, 1974, Section 2).
The following penalties were imposed for Highway
Robbery/Brigandage (PD. 532, 1974, Section 3.b.):

1. The penalty of reclusion temporal in its minimum period shall

be imposed.

2. If physical injuries or other crimes are committed during or on

the occasion of the commission of robbery or brigandage,

3. The penalty of reclusion temporal in its medium and maximum

periods shall be imposed.
 Presidential Decree No. 1689

It is a decree that increases the penalty for certain forms of Estafa, specifically
Syndicated Estafa.

It was enacted last April 6, 1980 and signed by then President Ferdinand E.
Marcos. It states that, any person or persons who shall commit estafa or other
forms of swindling shall be punished by life imprisonment to death if the
swindling (estafa) is committed by a syndicate consisting of five or more persons
formed with the intention of carrying out the unlawful or illegal act, transaction,
enterprise or scheme, and the defraudation results in the misappropriation of
money contributed by stockholders, or members of rural banks, cooperative,
"samahang nayon(s)", or farmers association, or of funds solicited by
corporations/associations from the general public (PD. 1689, 1980, Section 1).
CYBER CRIME
What is Cyber Crime?

Cybercrime,

also known as computer crime,

is the use of a computer as an instrument to further illegal

ends. They are criminal offenses committed via the Internet or
otherwise aided by various forms of computer technology.

As innovation on computer technology progresses, so as the

diversity of crimes committed through it.
Typologies of Cyber Crimes
Cyber Crimes can be group into three categories focusing
on the role of computers in the crime;
1. Cyber Dependent Crimes - are crimes that can only be committed
through computer, computer networks, or other form of ICT. Examples of
these are hacking malware, and Dos Attacks (Clough, 2015, p.11).

2. Cyber Enabled Crimes- are traditional crimes that are increased in

their scale or reach by the use of computers, computer networks or other
ICT. Examples are: Child pornography, cyber stalking, criminal copyright
infringement and fraud (Clough, 2015, p.11).

3. Cyber Assisted Crimes- are crimes in which the use of computer in an

incidental aspect of the commission of the crime but may afford evidence of
the crime Example, addresses found in the computer of the murder suspect,
or records of messages sent between the victim and the suspect before the
homicide (Clough, 2015, p.11).
According to the Directorate for Information and
Communications Technology Management (DICTM),
Information and Communications Technology (ICT)

-refers to the totality of the electronic means employed to systematically

collect, process, store, present and share information to end-users in support of
their activities.

-It consists of computer systems, office systems, consumer electronics and

telecommunications technologies, as well as networked information
infrastructure the components of which include the telephone system, the
Internet, fax machines, computers and its accompanying methodologies,
processes, rules and conventions.
-It is also a combination of computer technology, microelectronics
applications, and communications information techniques and
methods.
-It encompasses the use of computers, data communications,
office systems technologies, as well as any technology that deals
with modern day application of computing and/or
communication. It can also be seen as the marriage of information
technology and data communication (DICTM, n.d.).
Cyber Crimes can also be grouped into four, based on the criminal
activity made through the use of computers, they are as follows:

1. Cyber-Trespass - crimes that involve crossing or violating

boundaries of other people digitally. For example, hacking,
accessing data without consent.

2. Cyber-Deception and Theft - this involves offenses such as

online fraud and IP theft.

3. Cyber-Porn and Obscenity - this involves the exploitation of

children and distribution of porn materials through the internet.

4. Cyber-Violence - this refers to the kind of emotional violence

that can be enacted online such as bullying or harassment.
Cybercrime Offenses in the
Philippines
 Here are some of the cyber crime offenses being penalized in the
Philippines as indicated in the Cybercrime Prevention Act of 2012.
They are being categorized into three, namely (RA 10175, 2012,
Section 4):
 1. Offenses against the confidentiality, integrity and availability of
computer data and systems
 2. Computer-related Offenses
 3. Content-related Offenses
 OFFENSES AGAINST THE
CONFIDENTIALITY, INTEGRITY
AND AVAILABILITY OF COMPUTER
DATA AND SYSTEMS
 Illegal Access
 This refers to the access to the whole or any part of a computer system
without right (RA 1o175, 2012, Section 4).
 Access refers to the instruction, communication with, storing data in,
retrieving data from, or otherwise making use of any resources of a
computer system or communication network (RA 10175, 2012, Section 3).
 Computer system refers to any device or group of interconnected or related
devices, one or more of which, pursuant to a program, performs automated
processing of data. It covers any type of device with data processing
capabilities including, but not limited to, computers and mobile phones. The
device consisting of hardware and software may include input, output and
storage components which may stand alone or be connected in a network or
other similar devices. It also includes computer data storage devices or
media (RA 10175, 2012, Section 3).
 Illegal Interception
 This refers to the interception made by technical means without the
right of any non-public transmission of computer data to, from, or
within a computer system including electromagnetic emissions from
a computer system carrying such computer data (RA 10175, 2012,
Section 4).
 Computer data refers to any representation of facts, information, or
concepts in a form suitable or processing in a computer system
including a program suitable to cause a computer system to perform
a function and includes electronic documents and/or electronic data
messages whether stored in local computer systems or online (RA
10175, 2012, Section 3).
 Data Interference
 This refers to the intentional or reckless alteration, damaging,
deletion or deterioration of computer data, electronic
document, or electronic data message, without right, including
the introduction or transmission of viruses (RA 10175, 2012,
Section 4).
 Alteration refers to the modification or change, in form or
substance, of an existing computer data or program (RA 10175,
2012, Section 3).
 System Interference
 The intentional alteration or reckless hindering or interference with the
functioning of a computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing computer data or
program, electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses (RA 10175,
2012, Section 4).
 A computer virus is a type of malicious code or program written to alter the
way a computer operates and is designed to spread from one computer to
another." A virus operates by inserting or attaching itself to a legitimate
program or document that supports macros in order to execute its code. In
the process, a virus has the potential to cause unexpected or damaging
effects, such as harming the system software by corrupting or destroying
data (Johansen, 2021).
 The different types of computer viruses are:
 Boot Sector Virus- This type of virus can take control when you start -or
boot- your computer. One way it can spread is by plugging an infected
USB drive into your computer (Johansen, 2021).
 Web Scripting Virus- This type of virus exploits the code of web browsers
and web pages. If you access such a web page, the virus can infect your
computer (Johansen, 2021).
 Browser Hijacker- This type of virus "hijacks" certain web browser
functions, and you may be automatically directed to an unintended
website (Johansen, 2021).
 Resident Virus- This is a general term for any virus that inserts itself in a
computer system's memory. A resident virus can execute anytime when
an operating system loads (Johansen, 2021).
 Direct Action Virus-This type of virus comes into action when you execute a
file containing a virus. Otherwise, it remains dormant (Johansen, 2021).
 Polymorphic Virus-A polymorphic virus changes its code each time an
infected file is executed. It does this to evade antivirus programs (Johansen,
2021).
 File Infector Virus- This common virus inserts malicious code into executable
files or files used to perform certain functions or operations on a system
(Johansen, 2021).
 Multipartite Virus- This kind of virus infects and spreads in multiple ways. It
can infect both program files and system sectors (Johansen, 2021).
 Macro Virus- Macro viruses are written in the same macro language used for
software applications. Such viruses spread when you open an infected
document, often through email attachments (Johansen, 2021).
Misuse of Devices
 This offense includes (RA 10175, 2012, Section 4):
 The use, production, sale, procurement, importation, distribution, or
otherwise making available, without right, of:
 A device, including a computer program, designed or adapted
primarily for the purpose of committing any cyber crimes;
 A computer password, access code, or similar data by which the whole
or any part of a computer system is capable of being accessed with
intent that it be used for the purpose of committing any cyber crimes
 -The possession of a device indicated above with intent to use said
devices for the purpose of committing any of the offenses against the
Confidentiality, Integrity and Availability of Computer Data and
Systems (RA 10175, 2012, Section 4).
 Cybersquatting
 -This refers to the acquisition of a domain name over the internet in
bad faith to profit, mislead, destroy reputation, and deprive others
from registering the same, if such a domain name is (RA 10175, 2012,
Section 4):
 Similar, identical, or confusingly similar to an existing trademark
registered with the appropriate government agency at the time of the
domain name registration:
 Identical or in any way similar with the name of a person other than
the registrant, in case of a personal name; and
 Acquired without right or with intellectual property interests in it.
COMPUTER-RELATED OFFENSES
 Computer-related Forgery
 This offense includes (RA 10175, 2012, Section 4):
 -The input, alteration, or deletion of any computer data without right
resulting in inauthentic data with the intent that it be considered or
acted upon for legal purposes as if it were authentic, regardless
whether or not the data is directly readable and intelligible; or
 -The act of knowingly using computer data which is the product of
computer-related forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design (RA 10175, 2012,
Section 4).
 Computer-related Fraud
 This refers to the unauthorized input, alteration, or deletion of computer
data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent (RA 10175, 2012, Section 4).
 Computer-related Identity Theft
 This is the intentional acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information belonging to another,
whether natural or juridical, without hright (RA 10175, 2o12, Section 4).
CONTENT-RELATED OFFENSES
 Cybersex
 -This refers to the willful engagement, maintenance, control, or operation,
directly or indirectly, of any lascivious exhibition of sexual organs or sexual
activity, with the aid of a computer system, for favor or consideration (RA
10175, 2012, Section 4).
 Child Sexual Exploitation
 -Also known as Child Pornography (RA 10175, 2012, Section 4), this refers
to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other
means, of child engaged or involved in real or simulated explicit sexual
activities,
 Unsolicited Commercial Communications
 This refers to the transmission of commercial electronic
communication with the use of computer system which seek to
advertise, sell, or offer for sale products and services are prohibited
unless (RA 10175, 2012, Section 4):
 -There is prior affirmative consent from the recipient; or
 -The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing users,
subscribers or customers;
 -The following conditions are present:
 The commercial electronic communication contains a simple, valid, and
reliable way for the recipient to reject receipt of further commercial
electronic messages (opt-out) from the same source;
 The commercial electronic communication does not purposely disguise
the source of the electronic message; and
 The commercial electronic communication does not purposely include
misleading information in any part of the message in order to induce
the recipients to read the message.
 Libel
 -It is a libel committed through a computer system or any other similar
means which may be devised in the future (RA 1017/5, 2012, Section
4). A libel is public and malicious imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or contempt of
a natural or juridical person, or to blacken the memory of one who is
dead (RA 3815, 1930, Article 353).
 -Every defamatory imputation is presumed to be malicious, even if
it be true, if no good intention and justifiable motive for making it is
shown, except in the following cases (RA 3815, 1930, Article 354):
 A private communication made by any person to another in the
performance of any legal, moral or social duty; and
 A fair and true report, made in good faith, without any comments
or remarks, of any judicial, legislative or other official proceedings
which are not of confidential nature, or of any statement, report or
speech delivered in said proceedings, or of any other act performed
by public officers in the exercise of their functions.
 -The following are the elements of cyber libel;
 There must be an imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or circumstance.
 The imputation must be made publicly, which requires that at least one other
person must have seen the libelous post, in addition to the author and the person
defamed or alluded to in the post.
 The imputation must be malicious, which means that the author of the libelous
post made such a post with knowledge that it was false, or with reckless disregard
as to the truth or falsity thereof.
 The imputation must be directed at a natural or juridical person, or one who is
dead, which requires that the post must identify the person defamed, or at the
very least, the person defamed is identifiable by a third person.
 The imputation must tend to cause the dishonor, discredit or
contempt of the person defamed.
 The imputation was done through the use of a computer system or
any other similar means which may be devised in the future.
LEGAL PROVISIONS ON
CYBER CRIME
 Republic Act No. 10175
 The Republic Act No. 10175, also known as Cybercrime Prevention Act of 2012,
was approved on September 12, 2012 and signed by the then President Benigno S.
Aquino III,4 It completely addresses crimes committed against and by means of
computer systems. It includes penal substantive rules, procedural rules and also
rules on international cooperation. It focuses on the pre-emption, prevention and
prosecution of cybercrimes such as offenses against the confidentiality, integrity
and availability of computer data and systems, computer-related offenses, and
content-related offenses,
 Furthermore, it states that, all crimes defined and penalized by the Revised Penal
Code, as amended, and special laws, if committed by, through and with the use of
information and communications technologies shall be covered by the relevant
provisions of Revised Penal Code: Provided, that the penalty to be imposed shall
be one (1) degree higher than that provided for by the Revised Penal Code, as
amended, and special laws, as the case may be (RA 10175, 2012, Section 6).
 Republic Act No. 9775
 The Republic Act No. 9775, also known as Anti-Child
Pornography Act of 2009, it was enacted last November 17,
2009, and signed by the then President Gloria Macapagal-
Arroyo.6 It prohibits the production, offering, distribution and
possession of "child pornography.
 Under this Act, the elements of child pornography are as follows:
 There is a written, visual, and/or audio material;
 The content of the material involves a real or simulated explicit
sexual activity; and
 The one engaged in the sexual activity, whether a natural person,
a graphical representation of a person, or a computer generated
image of a person, is a child or is presented, depicted, or
portrayed as a child.
In short, any material that shows a child (natural, or an adult portrayed as a child, animated or
computer generated) engaging in a real or simulated sexual activity is considered child
pornography. The following are the prohibited acts (RA 9775, 2009, Section 4):

1. To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;

2. To produce, direct, manufacture or create any form of child pornography;

3. To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import
any form of child pornography;

4. To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography of the
same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;

5. To knowingly, willfully and intentionally provide a venue for the commission of prohibited
acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;
 6. For film distributors, theaters and telecommunication companies, by themselves or
in cooperation with other entities, to distribute any form of child pornography;
 7. For a parent, legal guardian or person having custody or control of a child to
knowingly permit the child to engage, participate or assist in any form of child
pornography;
 8. To engage in the luring or grooming of a child;
 9. To engage in pandering of any form of child pornography;
 10. To willfully access any form of child pornography;
 11. To conspire to commit any of the prohibited acts stated in this section. Conspiracy
to commit any form of child pornography shall be committed when two (2) or more
persons come to an agreement concerning the commission of any of the said
prohibited acts and decide to commit it; and
 12. To possess any form of child pornography.
 Republic Act No. 7610
 The Republic Act No. 7610 also known as Special Protection of Children
Against Abuse, Exploitation and Discrimination Act, was enacted June 17,
1992. It is an act providing for stronger deterrence and special protection
against child abuse, exploitation and discrimination, The comprehensive
program against child abuse, exploitation and discrimination refers to the
coordinated program of services and facilities to protected children against
(RA 7610, 1992, Section 3):
 Child Prostitution and Other Sexual Abuse
 -Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct,
are deemed to be children exploited in prostitution and other sexual
abuse (RA 7610, 1992, Section 5).
 Child Trafficking
 -It is the act of trading and dealing with children including, but
not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter (RA 7610,
1992, Section 7). It also includes the following (RA 7610, 1992,
Section 8):
 When a child travels alone to a foreign country without valid reason therefore
and without clearance issued by the Department of Social Welfare and
Development or written permit or justification from the child's parents or legal
guardian;
 When a person, agency, establishment or child-caring institution recruits
women or couples to bear children for the purpose of child trafficking; or
 When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking;
or
 When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking.
 Obscene Publications and Indecent Shows
 -This refers to the acts of hiring, employing, using, persuading, inducing or
coercing a child to perform in obscene exhibitions and indecent shows, whether
live or in video, or model in obscene publications or pornographic materials or
to sell or distribute the said materials (RA 7610, 1992, Section 9).
 Republic Act No. 9995
 The Republic Act No. 9995 also known as the Anti-Photo and Video Voyeurism
Act of 2009, it was enacted February 15 2010 and was signed by the then
President Gloria Macapagal-Arroyo* It is an act defining and penalizing the
crime of photo and video voyeurism.
 According to RA 9995 (2010), Photo or video voyeurism refers to the act of
taking photo or video coverage of a person or group of persons performing
sexual act or any similar activity or of capturing an image of the private area of
a person or persons without the latter's consent, under circumstances in which
such person/s has/have a reasonable expectation of privacy, or the act of
selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones and similar means or device
without the written consent of the person/s involved, notwithstanding that
consent to record or take photo or video coverage of same was given by such
person's (RA 9995, 2010, Section 3).
 Under this act the following acts are considered prohibited (RA 9995,
2010, Section 4):
 1. To take photo or video coverage of a person or group of persons
performing sexual act or any similar activity or to capture an image
of the private area of a person/s such as the naked or undergarment
clad genitals, public area, buttocks or female breast without the
consent of the person/s involved and under circumstances in which
the person/s has/have a reasonable expectation of privacy;
 2. To copy or reproduce, or to cause to be copied or reproduced, such
photo or video or recording of sexual act or any similar activity with
or without consideration;
 3. To sell or distribute, or cause to be sold or distributed, such photo or
video or recording of sexual act, whether it be the original copy or
reproduction thereof; or
 4. To publish or broadcast, or cause to be published or broadcast,
whether in print or broadcast media, or show or exhibit the photo or
video coverage or recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other similar means or
device.
 Republic Act No. 8484
 The Republic Act No. 8484 also known as the Access Devices
Regulation Act of 1998, it was enacted February 11, 1998,39 It
is an act regulating the issuance and use of access devices and
prohibiting, and penalizing fraudulent acts committed in
relation to access devices.
 According to the RA 8484 (1998), Access Device refers to any card,
plate, code, account number, electronic serial number, personal
identification number, or other telecommunications service.
equipment, or instrumental identifier, or other means of account
access that can be used to obtain money, good, services, or any
other thing of value or to initiate a transfer of funds (other than a
transfer originated solely by paper instrument) (RA 8484, 1998,
Section 3). Access Device Fraudulently Applied for refers to any
access device that was applied for or issued on account of the use of
falsified documents, false information, fictitious identities and
addresses, or any form of false pretense or misrepresentation (RA
8484, 1998, Section 3).
 The following acts constitute access device fraud (RA 8484, 1998, Section 9):
 1. Producing, using, trafficking in one or more counterfeit access devices;
 2. Trafficking in one or more unauthorized access devices or access devices
fraudulently applied for;
 3. Using, with intent to defraud, an unauthorized access device;
 4. Using an access device fraudulently applied for;
 5. Possessing one or more counterfeit access devices or access devices
fraudulently applied for;
 6. Producing, trafficking in, having control or custody of, or possessing
device-making or altering equipment without being in the business or
employment, which lawfully deals with the manufacture, issuance, or
distribution of such equipment;
 7. Inducing, enticing, permitting or in any manner allowing another, for consideration
or otherwise to produce, use, traffic in counterfeit access devices, unauthorized access
devices or access devices fraudulently applied for;
 8. Multiple imprinting on more than one transaction record, sales slip or similar
document, thereby making it appear that the device holder has entered into a
transaction other than those which said device holder had lawfully contracted for;
 9. Disclosing any information imprinted on the access device, such as, but not limited
to, the account number or name or address of the device holder, without the latter's
authority or permission;
 10. Obtaining money or anything of value through the use of an access device, with
intent to defraud or with intent to gain and fleeing thereafter;
 11. Having in one's possession, unauthorized access device or the access device
company, an access device, or any material, such as slips, carbon paper, or any other
medium, on which the access device is written, printed, embossed, or otherwise
 12. Writing or causing to be written on sales slips, approval numbers from the issuer of
the access device of the fact of approval, where in fact no such approval was given, or
where, if given, what is written is deliberately different from the approval actually given;
 13. Making any alteration, without the access device holder's authority, of any amount
or other information written on the sales slip;
 l4. Affecting transaction, with one or more access devices issued to another person or
persons, to receive payment or any other thing of value;
 15. Without the authorization of the issuer of the access device, soliciting a person for
the purpose of:
 a. offering an access device; or
 b. selling information regarding or an application to obtain an access device; or
 16. Without the authorization of the credit card system member or its agent, causing or
arranging for another person to present to the member or its agent, for payment, one or
more evidence or records of transactions made by credit card.
 Republic Act No.11449
 The Republic Act No. 11449 was enacted August 28, 2019, and
signed by President Rodrigo Duterte. It is an act that provides
additional prohibitions and increases penalties for violation of
the RA 8484, or the Access Devices Regulation Act of 1998,40
 The additional crimes relating to access device are (RA 11449, 2019, Section
3):
 1. Skimming, copying or counterfeiting any credit card, payment card or debit
card, and obtaining any information therein with the intent of accessing the
account and operating the same whether or not cash is withdrawn or
monetary injury is caused by a perpetrator against the account holder or the
depositary bank;
 Card skimming- refers to a type of fraud which involves illegal copying of
information from the magnetic stripe of a payment card to gain access to
customers’ accounts.
 2. Production or possession of any software component such as programs,
application, or malware, or any hardware component such as skimming
device or any electronic gadget or equipment that is used to perpetrate any
crimes relating to access device;
 3. Unauthorized access to any application, online banking account, credit card
account, ATM account, debit card account, in a fraudulent manner, regardless of
whether or not it will result in monetary loss to the account holder; and
 4. Hacking refers to the unauthorized access into or interference in a computer
system/server, or information and communication system, or any access in
order to corrupt, alter, steal, or destroy using a computer or other similar
information and communication devices without the knowledge and consent of
the owner of the computer or information and communication system, including
the introduction of computer viruses and the like resulting in the corruption,
destruction, alteration, theft, or loss of electronic data messages or electronic
documents.
Republic Act No. 8792
 The Republic Act No. 8792 also known as the Electronic Commerce Act, was enacted
June 14, 2000. It is an act that recognizes the use of electronic commercial and non-
commercial transactions. It also penalizes activities that involve illegal use of
electronic transactions. It aims to facilitate domestic and international dealings,
transactions, arrangements, agreements, contracts and exchanges and storage of
information through the utilization of electronic, optical and similar medium, mode,
instrumentality and technology to recognize the authenticity and reliability of
electronic data messages or electronic documents related to such activities and to
promote the universal use of electronic transactions in the government and by the
general public (RA 8792, 2000, Section 3).
 Information and Communication System refers to a system for generating, sending,
receiving, storing or otherwise processing electronic data messages or electronic
documents and includes the computer system or other similar device by or in which
data is recorded or stored and any procedures related to the recording or storage of
electronic data message or electronic document (RA 8792, 2000, Section 5).
 Following acts are penalized under this act (RA 8792, 2000, Section 33):
 1. Hacking or cracking which refers to unauthorized access into or interference in a
computer system/server or information and communication system; or any access
in order to corrupt, alter, steal, or destroy using a computer or other similar
information and communication devices, without the knowledge and consent of
the owner of the computer or information and communication system, including
the introduction of computer viruses and the like, resulting in the corruption,
destruction, alteration, theft or loss of electronic data messages or electronic
documents.
 2. Piracy which refers to the unauthorized copying, reproduction, dissemination,
distribution, importation, use, removal, alteration, substitution, modification,
storage, uploading, downloading, communication, making available to the public,
or broadcasting of protected material, electronic signature or copyrighted works
including legally protected sound recordings or phonograms or information
material on protected works, through the use of telecommunication networks,
such as, but not limited to, the internet, in a manner that infringes intellectual
property rights.
 3. Violations of the Consumer Act or Republic Act No. 7394 and other relevant or
pertinent laws through transactions covered by or using electronic data messages
or electronic documents.
 The Republic Act No. 10173, also known as Data Privacy Act of
2012, was enacted last August 15, 2012, and signed by the then
President Benigno S. Aquino III. It is an act protecting individual
personal information in Information and Communications
Systems in the government and the private sector, creating a
National Privacy Commission,
General Data Privacy
Principles
 According to the Data Privacy Act of 2012, personal information must, be (RA
10173, 2000, Section 11):
 1. Collected for specified and legitimate purposes determined and declared
before, or as soon as reasonably practicable after collection, and later
processed in a way compatible with such declared, specified and legitimate
purposes only:
 2. Processed fairly and lawfully;
 3. Accurate, relevant and, where necessary for purposes for which it is to be
used the processing of personal information, kept up to date; inaccurate or
incomplete data must be rectified, supplemented, destroyed or their further
processing restricted;
 4. Adequate and not excessive in relation to the purposes for which they are
collected and processed;
 5. Retained only for as long as necessary for the fulfillment of the purposes
for which the data was obtained or for the establishment, exercise or
defense of legal claims, or for legitimate business purposes, or as provided
by law; and
 6. Kept in a form which permits identification of data subjects for no longer
than is necessary for the purposes for which the data were collected and
processed.
 Criteria for Lawful Processing of Personal Information
 1. The data subject has given his or her consent;
 2. The processing of personal information is necessary and is related to the fulfillment of a
contract with the data subject or in order to take steps at the request of the data subject prior to
entering into a contract;
 3. The processing is necessary for compliance with a legal obligation to which the personal
information controller is subject;
 4. The processing is necessary to protect vitally important interests of the data subject, including
life and health;
 5. The processing is necessary in order to respond to national emergency, to comply with the
requirements of public order and safety, or to fulfill functions of public authority which
necessarily includes the processing of personal data for the fulfillment of its mandate; or
 6. The processing is necessary for the purposes of the legitimate interests pursued by the
personal information controller or by a third party or parties to whom the data is disclosed,
except where such interests are overridden by fundamental rights and freedoms of the data
subject which require protection under the Philippine Constitution.
Criminal Acts in Relation to
Data Privacy
 The following are acts penalized under the Data Privacy Act of 2012:
 1. Unauthorized Processing of Personal Information and Sensitive Personal
Information
 2. Accessing Personal Information and Sensitive Personal Information Due to
Negligence
 3. Improper Disposal of Personal Information and Sensitive Personal Information
 4. Processing of Personal Information and Sensitive Personal Information for
Unauthorized Purposes
 5. Unauthorized Access or Intentional Breach
 -This refers to persons who knowingly and unlawfully, or violating data
confidentiality and security data systems, breaks in any way into any system where
personal and sensitive personal information is stored.
 6. Concealment of Security Breaches Involving Sensitive Personal Information
 -This pertains to persons who, after having knowledge of a security breach and of the
obligation to notify the National Privacy Commission, intentionally or by omission
conceals the fact of such security breach.
 7. Malicious Disclosure
 -This refers to any personal information controller or personal information processor or
any of its officials, employees or agents, who, with malice or in bad faith, discloses
unwarranted or false information relative to any personal information or personal
sensitive information obtained by him or her.
 8. Unauthorized Disclosure
 -It pertains to any personal information controller or personal information processor or
any of its officials, employees or agents, who discloses to a third-party personal
information not covered by the immediately preceding section without the consent of
the data subject.
MIDTERMS
RULE OF EVIDENCE
What Is Evidence?
 Evidence - is the means sanctioned by the Rules of Court, of
ascertaining in a judicial proceeding the truth respecting a
matter of fact. These include but are not limited to
documentary, testimonial, electronic and object evidence,
gathered in the course of the investigation (PNP, 2010).
 The court decisions are to be based on truth founded on
evidence, a primary duty of courts is to conduct proper
proceedings so as to hear and consider evidence, The so-called
law of evidence is made up largely of procedural regulations
concerning the proof and presentation of facts, whether
involving the testimony of witnesses, the presentation of
documents or physical objects, or the assertion of a foreign law
(Norton, 2020)
 Aside from identifying the guilty party and locating the guilty
party; one of the three-fold aims of Criminal Investigation is to
provide evidence of his (suspect) guilt (PNP, 2010).
 Evidence is valuable because it has great potential to verify that
a crime has been committed, identify the person who did it,
and exonerate all other persons who may be under suspicion
(Galero-Müftüoğlu, 2017, p.101).
TYPES OF EVIDENCE
1. Object/ Real Evidence also known as Physical Evidence
 it is any type of evidence that is real or has an objective
existence. It has dimension, size or shape; it can be seen,
touched, smelled or tasted; it is solid, semisolid or liquid
(Galero-Müftüoğlu, 2017, p.102).
 These are evidence that are addressed to the senses of the
court. When an object is relevant to the fact in issue, it may be
exhibited to, examined or viewed by the court (Rule 130, 1989,
Section 1).
Main Sources of Physical
Evidence
 1. The Crime Scene- It is the focus of the preliminary
investigation and also the primary source of physical evidence
(Galero-Müftüoğlu, 2o17, p.105).
 2. The Victim- it is a potential source of physical evidence,
particularly in the case of sex crimes. Hairs, fibers and biological
fluids are all potential evidence and need to be collected
following established protocol (Galero-Müftüoğlu, 2017, p.1o5).
 3. The Suspect- It can be prime sources of physical evidence.
Transfers of evidence readily occur and must be sought out on
both the suspect and his or her environment, such as the
suspect's vehicle or home (Galero-Müftüoğlu, 2017, p.105).
 Demonstrative evidence, usually in the form of charts and
diagrams, demonstrate or illustrate the testimony of a witness,
It's admissible when it fairly and accurately reflects the
witness's testimony and is more probative than prejudicial.
Maps, diagrams of a crime scene, charts and graphs that
illustrate physical or financial injury to a plaintiff are examples
of demonstrative evidence.
 2. Documentary Evidence
 Documentary Evidence consists of writings or any material
containing letters, words, numbers, figures, symbols or other
modes of written expressions offered as a proof of their
contents (Galero-Müftüoğlu, 2017, p.102).
 Best Evidence Rule
 It requires that the original document be produced whenever
its contents are the subject of inquiry. As such, mere
photocopies of documents are inadmissible pursuant to the
best evidence rules, No evidence shall be admissible other than
the original document itself
 except in the following cases (Rule 130, 1989, Section 3):
 When the original has been lost or destroyed, or cannot be produced in
court, without bad faith on the part of the offeror;
 When the original is in the custody or under the control of the party
against whom the evidence is offered, and the latter fails to produce it
after reasonable notice;
 When the original consists of numerous accounts or other documents
which cannot be examined in court without great loss of time and the
fact sought to be established from them is only the general result of the
whole; and
 When the original is a public record in the custody of a public officer or is
recorded in a public office.
 Rules on Secondary Evidence (Documentary)
 According to the Revised Rules on Evidence (1989), documents
other than the its original copy can be admissible in court if it
follows following criteria:
 A. When the original document is unavailable (Rule 130, 1989,
Section 5).
 Unavailable meaning the original document has been lost or
destroyed, or cannot be produced in court.
 The offeror needs to present a proof of its execution or
existence and the cause of its unavailability.
 Proof of the document existence is the copy of its contents, or
by a recital of its contents in some authentic document, or by
the testimony of witnesses in the order stated.
 B. When the original document is in the adverse party's custody
or control (Rule 130, 1989, Section 6).
 A reasonable notice to produce the document shall be offered
to the owner or holder of the document.
 After such notice and after satisfactory proof of its existence,
the owner or holder of the document fails to produce the
document, secondary evidence may be presented as in the case
of its loss.
 C. When the original document is in the custody of a public officer or
is recorded in a public office (Rule 130, 1989, Section 7).
 The existence of the document's contents may be proved by a
certified copy issued by the public officer in custody of the said
document.
 D. When the party who calls for a document is not bound to offer it
(Rule 130, 1989, Section 8)
 A party who calls for the production of a document and inspects the
same is not obliged to offer it as evidence.
 Interpretation of Documents
 The following are the guiding principles on the interpretation of
Documentary Evidence as indicated on the Revised Rules on Evidence
(1989):
 A. Interpretation of a writing according to its legal meaning
 Document is to be interpreted according to the legal meaning it bears in
the place of its execution, unless the parties intended otherwise (Rule
130, 1989, Section 10).
 B. Instrument construed so as to give effect to all provisions
 In the construction of an instrument, where there are several provisions
or particulars, such a construction is, if possible, to be adopted as will
give effect to all the provisions (Rule 130, 1989, Section 11).
 C. Interpretation according to intention
 In the construction of an instrument, the intention of the parties is to be pursued.
 When a general and a particular provision are inconsistent, the latter is
paramount to the former. A particular intent will control a general one that is
inconsistent with it (Rule 130, 1989, Section 12).
 D. Interpretation according to circumstances
 The proper construction of an instrument, the circumstances under which it was
made, including the situation of the subject thereof and of the parties to it, may
be presented (Rule 130, 1989, Section 13).
 E. Peculiar signification of terms
 Evidence is admissible to show that they have a local, technical, or otherwise
peculiar signification, and were so used and understood in the particular instance,
in which case the agreement must be construed accordingly (Rule 130, 1989,
Section 14).
 F. Written words control printed.
 If the document or instrument consists partly of written words and partly of a
printed form, and the two are inconsistent, the former controls the latter (Rule
13o, 1989, Section 15).
 G. Experts and interpreters to be used in explaining certain writings
 If the characters in which the document is written are difficult to be deciphered, or
the language is not understood by the court, the evidence of persons skilled in
deciphering the characters, or who understand the language, is admissible to
declare the characters or the meaning of the language (Rule 130, 1989, Section 16).
 H. Of two constructions, which preferred
 If the terms of an agreement have been intended in a different sense by the
different parties to it, the most favorable to the party shall prevail (Rule 130, 1989,
Section 17).
 I. Construction in favor of natural right
 If an instrument is equally susceptible to two interpretations, one in
favor of natural right and the other against it. The one who favors
natural right is to be adopted (Rule 130, 1989, Section 18).
 J. Interpretation according to usage
 An instrument may be construed according to usage, in order to
determine its true character (Rule 130, 1989, Section 19).
 Parol Evidence Rule that when the parties to a contract have
made and signed a completely integrated written contract,
evidence of antecedent negotiations (called "parol evidence")
will not be admissible for the purpose of varying or
contradicting what is written into the contract, It bars evidence
of any agreements made before or at the same time as the
actual written agreement, which were not included in the final
written agreement.
 However, a party may present evidence to modify, explain or add to
the terms of written agreement if he puts in issue in his pleading
(Rule 130, 1989, Section 9):
 An intrinsic ambiguity, mistake or imperfection in the written
agreement;
 The failure of the written agreement to express the true intent and
agreement of the parties thereto;
 The validity of the written agreement; or
 The existence of other terms agreed to by the parties or their
successors in interest after the execution of the written agreement.
 3. Testimonial Evidence
 Testimonial evidence is where a person takes the stand and answers
questions about a case It is information obtained through
interviewing and interrogating individuals about what they saw
(Eyewitness evidence), heard (hearsay evidence) or know (character
evidence).
 A testimony or confession can add considerable value to physical
evidence when presented in court. It can help in understanding
motives or explaining those things found at the crime scene (Galero-
Müftüoğlu, 2017, p.102).
 Qualification of Witnesses
 All persons who can perceive, and perceiving, can make their
known perception to others, hence can be a witness (Rule 130,
1989, Section 20). A person may be disqualified as being a
witness based on the following:
 Mental Incapacity or Immaturity
 -The following persons cannot be witnesses (Rule 130, 1989, Section 21):
 Those whose mental condition, at the time of their production for examination, is such
that they are incapable of intelligently making known their perception to others;
 Children whose mental maturity is such as to render them incapable of perceiving the
facts respecting which they are examined and of relating them truthfully.
 Marriage
 -During their marriage, neither the husband nor the wife may testify for or against the
other without the consent of the affected spouse, except in (Rule 130, 1989, Section
22):
 A civil case by one against the other, or
 In a criminal case for a crime committed by one against the other or the latter's direct
descendants or ascendants.
 Death or Insanity of Adverse Party
 -Also known as the Dead Man's Statute, it states that if one party to the alleged
transaction is precluded from testifying by death, insanity, or other mental
disabilities, the surviving party is not entitled to the undue advantage of giving
his own uncontradicted and unexplained account of the transaction.
 Privileged Communication
 -The following persons cannot testify as to matters learned in confidence in the
following cases (Rule 130, 1989, Section 24):
 The husband or the wife, during or after the marriage, cannot be examined
without the consent of the other as to any communication received in
confidence by one from the other during the marriage.
 An attorney cannot, without the consent of his client, be examined as to
any communication made by the client to him, or his advice given
thereon in the course of, or with a view to, professional employment, nor
can an attorney's secretary, stenographer, or clerk be examined, without
the consent of the client and his employer.
 A person authorized to practice medicine, surgery or obstetrics cannot in
a civil case, without the consent of the patient. A minister or priest
cannot, without the consent of the person making the confession, be
examined as to any confession made to or any advice given by him in his
professional character.
 A public officer cannot be examined during his term of office or
afterwards, as to communications made to him in official confidence.
 Admissions and Confessions
 Admission is the act, declaration or omission of a party as to a relevant fact
may be given in evidence against him (Rule 130, 1989, Section 26). Confession
is the declaration of an accused acknowledging his guilt of the offense
charged, or of any offense necessarily included therein, may be given in
evidence against him (Rule 130, 1989, Section 33).
 The Hearsay Rule
 Hearsay Rule is an exclusionary rule, prohibiting hearsay or out of court
statements offered as proof of that statement, from being admitted as
evidence because of the inability of the other party to cross-examine the
maker of the statement. According to the Section 36 of the Revised Rules of
Evidence (1989), a witness can testify only to those facts which he knows of
his personal knowledge; that is, which are derived from his own perception.
 Exceptions to the Hearsay Rule
 Although, testimony is generally confined to personal
knowledge; there are exceptions where out of court statements
can be admitted as evidence. Here are the following exceptions
to the Hearsay Rule (Rule 130, 1989, Section 37- 47):
 a. Dying Declaration -refers to the declaration of a dying
person.
 b. Declaration Against Interest - Statements against interest,
sometimes called admissions or confessions4, are statements
or actions which in some way adversely affect the divulging
party. The confession doesn't need to be formal admission,
such as a statement given to the police. Formal admissions are
admissible as part of the public record.
 c. Act or Declaration about Pedigree - The act or declaration of a person deceased,
or unable to testify, in respect to the pedigree of another person related to him by
birth or marriage, may be received in evidence. Pedigree includes relationship,
family genealogy, birth, marriage, death, the dates when and the places where these
fast occurred, and the names of the relatives.
 d. Family Reputation or Tradition Regarding Pedigree The reputation or tradition
existing in a family previous to the controversy, in respect to the pedigree of any one
of its members, may be received in evidence if the witness testifying thereon be also
a member of the family, either by consanguinity or affinity. Entries in family bibles or
other family books or charts, engravings on rings, family portraits and the like, may
be received as evidence of pedigree.
 e. Common Reputation - Common reputation existing previous to the controversy,
respecting facts of public or general interest more than thirty years old, or
respecting marriage or moral character, may be given in evidence. Monuments and
inscriptions in public places may be received as evidence of common reputation.
 f. Part of res gestae - A declaration made by a person immediately after being
wounded, pointing out or naming his assailant, may be considered as part of
the res gestae and is admissible in evidence. Res gestae is used to refer to a
declaration that is made at an event that proves the event happened because
the words were uttered upon witnessing the event,
 g. Entries in the Course of Business - Entries made at, or near the time of
transactions to which they refer, by a person deceased, or unable to testify,
who was in a position to know the facts therein stated, may be received as
prima facie evidence
 h. Entries in Official Records - Any properly-kept official government records
are admissible, such as income tax returns and employment information.
Private business records are also admissible, so long as a qualified witness can
identify them and explain their maintenance or clarify their meaning
(Wodjacz, 2020).
 i. Commercial Lists and the Like - Evidence of statements of matters of
interest to persons engaged in an occupation contained in a list, register,
periodical, or other published compilation.
 j. Learned Treatises - This refers to the published treatise, periodical or
pamphlet on a subject of history, law, science, or art is admissible as
tending to prove the truth of a matter stated therein if the court takes
judicial notice, or a witness expert in the subject testifies, that the writer
of the statement in the treatise, periodical or pamphlet is recognized in
his profession or calling as expert in the subject.
 k. Testimony or Deposition at a Former Proceeding – The testimony or
deposition of a witness deceased or unable to testify, given in a former
case or proceeding, judicial or administrative, involving the same parties
and subject matter, may be given in evidence against the adverse party
who had the opportunity to cross-examine him.
 Types of Witness
 There are three types of witnesses:
 1. A lay witness - this is the most common type. It is a person who
watched certain events and describes what they saw.
 2. An expert witness or a specialist - It is someone who is educated in a
certain area. They testify with respect to their specialty area only.
 3. A character witness - It is someone who knows the victim, the
defendant, or other people involved in the case. Character witnesses
usually don't see the crime take place but they can be very helpful in a
case because they know the personality of the defendant or victim, or
what type of person the defendant or victim was before the crime.
 Character evidence is used to describe a character trait of a
person, such as a tendency to commit crimes. Character
evidence could also include a witness testifying that a party in
the case has a reputation in the community of being a violent
person, or a witness opinion that the defendant is very honest
and truthful (Walton, 2006).
 Character evidence is not generally admissible; however, there are exceptions
(Rule 13o, 1989, Section 51):
 1. In Criminal Cases:
 a. The accused may prove his good moral character which is pertinent to the
moral trait involved in the offense charged.
 b. Unless in rebuttal, the prosecution may not prove his bad moral character
which is pertinent to the moral trait involved in the offense charged.
 C. The good or bad moral character of the offended party may be proved if it
tends to establish in any reasonable degree the probability or improbability of the
offense charged.
 2. In Civil Cases:
 Evidence of the moral character of a party in a civil case is admissible only when
pertinent to the issue of character involved in the case.
 Opinion Rule
 According to the Revised Rules of Evidence (1989), the opinion of witness is not
admissible (Rule 130, 1989, Section 48), except for the following criteria:
 Opinion of Expert Witness - The opinion of a witness on a matter requiring
special knowledge, skill, experience or training which he showed and
possesses, may be received in evidence.
 Opinion of Ordinary Witnesses - The opinion of a witness for which proper basis
is given, may be received in evidence regarding:
 a. The identity of a person about whom he has adequate knowledge;
 b. A handwriting with which he has sufficient familiarity;
 C. The mental sanity of a person with whom he is sufficiently acquainted; and
 d. The emotion, behavior, condition or appearance of a person.
 Procedure in Documentation of Evidence
 The following are the procedures and guidelines in the documentation of
evidence based from the PNP Standard Operating Procedures;
 1. All evidence recovered in the crime scene must be properly documented,
photographed and properly turned over to the evidence custodian. The
detailed receipt showing the inventory of the evidence must be properly
acknowledged and signed by the evidence custodian. In case of motor
vehicles, there must be Technical Inspection and Inventory Report to be
incorporated in the records (SOP-2012- 004, 2012);
 2. The investigator-on-case/duty investigator must exhaust all efforts to
determine the relevance and materiality of the evidence recovered. During
the preparation of the case, the picture/pictures of the evidence must be
incorporated in the case folder. All angles/sides of the seized/recovered
evidence must be photographed (SOP-2012- 004, 2012);
 3. Personal properties seized/recovered which were not used as evidence
must be returned to the person from whom the property/properties
was/were taken with proper documentation. If the property is to be used as
evidence, the possessor must be properly apprised on the disposition of the
property (SOP-2012- 004, 2012);
 4. The investigator-on-case/duty investigator must prepare a letter request in
standard form for the release of the personal property seized/recovered as
evidence addressed to the prosecutor to be signed by the owner. The investigator
must also move and manifest his acquiesce for the release of the seized evidence
in favor of the owner from whom the property was taken. He must state among
others, that the photographs of the property will be presented as evidence when
same is directed to be presented in court (SOP-2012- 004, 2012);
 5. Upon approval of the prosecutor/judge of the motion for the release of
property, the evidence custodian must without delay, release the
property/evidence ordered to be released. The owner must acknowledge in
writing the receipt of the property/evidence as ordered by the prosecutor/judge
under the condition that when the court, in the future, shall demand its
production, he/she shall comply without delay. Further, he/she must state that
he/she does not have any complaint on the status of the property being returned.
If there be any, said complaint must be placed in writing on the space provided
for in the acknowledgment receipt prepared (SOP-2012- O04, 2012);
 6. If the evidence sought to be released contain vital information
such as computer records, call logs, messages and other electronic
records wherein the preservation of the original records are
needed during the prosecution of the case, the owner should be
properly apprised on the necessity of the subject evidence to
remain under the control and custody of the evidence custodian or
the prosecutor/court (SOP-2012- 004, 2012); and
 7. The turnover of the evidence must be witnessed by any party
accompanying the owner. Photograph the turnover of the property.
Incorporate the photo and the receipt in the records of the case
(SOP-2012- 004, 2012).
CRIMES AGAINST PROPERTY
INVESTIGATION
 What is a Crime Investigation?
 Investigation is an inquiry, judicial or otherwise, for the discovery and
collection of facts concerning the matter or matters involved.
 It is the process of inquiring, eliciting, soliciting and getting vital
information/facts/circumstances in order to establish the truth (PNP,
2011).
 Crime Investigation is an ensemble of methods by which crimes are
studied and criminals apprehended. The criminal investigator seeks to
ascertain the methods, motives, and identities of criminals and the
identity of victims and may also search for and interrogate witnesses It is
the lawful, objective, logical search for people and things useful in
reconstructing the circumstances surrounding the commission of a crime
General Principles of
Investigation
 Criminal Investigation is the collection of facts to accomplish a
three-fold aim (PNP, 2011):
 1. To identify the suspect;
 2. To locate the suspect; and
 3. To provide evidence of his guilt.
 According to the PNP Revised Criminal investigation Manual
(2011), the investigator must seek to establish the six (6)
cardinal points of investigation, namely:
 1 What specific offense has been committed;
 2. How the offense was committed;
 3. Who committed it;
 4. Where the offense was committed;
 5. When it was committed; and
 6. Why it was committed.
 What is a Special Crime Investigation
 Special Crime Investigation is a special study of modern
techniques in the investigation of serious and specific crimes
including murder, homicide, rape, abortion, robbery, arson
kidnapping, blackmail, carnapping and criminal negligence. Its
emphasis is on physical evidence rather than an extra judicial
confession, and focuses on specific crimes which by their nature
are difficult and complex to investigate.
 Robbery Investigation
 Under the Revised Penal Code Article 293 - 298, the act of
gaining, taking any personal property belonging to another, by
means of violence or intimidation of any person, or using force
upon anything is guilty of robbery.
 The elements of the crime of robbery are (PNP, 2011, p. 171):
 The personal property belongs to another.
 The unlawful taking of that property.
 With intent to gain (animus lucrandi).
 Violence against or intimidation of any person or force upon things.
 The offense can be committed by a band or with the use of firearms
on a street, road or alley or by attacking a moving train, street car,
motor vehicle or airship or by entering or taking the passenger
conveyance by surprise.
 Robbery in an Inhabited House or Edice for Worship and Private
Building
 The robbery in an inhabited house or public or edifice devoted for
worship or in an uninhabited place or in a private building is
punishable under the Article 299 to 302 of the Revised Penal Code
of the Philippines (PNP, 2011, p. 161).
 The elements of robbery in an inhabited house or public or edifice
devoted for worship or in an uninhabited place or in a private
building are:
 The culprit must enter the building where the object to be taken is
found.
 The entrance is effected by any of the following means through an
opening not intended for entrance, breaking any wall, roof or floor,
outside door or window, using false keys, picklocks or similar tools.
 The entrance is not required when the doors (of furniture),
wardrobes, chest or sealed furniture are broken or taking such
objects away to be broken outside the place of robbery.
 The evidence needed to file the crime of robbery are (PNP,
2011, p. 172):
 1. Testimonial Evidence - Affidavit of complainant and
witnesses
 2. Documentary Evidence - photographs, videos, police reports
and other documents
 3. Object Evidence - stolen items, weapons and other devices
 4. Other relevant evidence.
 Investigation Checklist for Robbery
 Here are some of the things that investigators may have to investigate in
case of robberies particularly when it involves serious injuries or the loss
of lives.
 1. Find out as much as possible about the crime before going to the scene
and upon arrival.
 2. Overview. Take your bearings at the crime scene so that you get a rough
picture of the area and what has happened.
 3. Start keeping an action log.
 4. Cordon off the area or extend the existing cordon if necessary. The
perpetrator es route to and from the scene may need to be cordoned off
as well.
 5. Make sure that a list is made of the people who enter the crime scene.
 6. Pause for thought and start planning. This is where the crime scene analysis
starts.
 7. Note down your observations continuously. It is a good idea to use a tape
recorder.
 8. Take a general photograph of the crime scene. Film the scene with a video
camera.
 9. Search for and collect evidence, objects and reference samples etc. outdoors
 10. Search for and collect evidence, objects and reference samples etc. indoors.
 11. Take photographs continuously. Photograph all the evidence before it is
collected. If possible, engage a photographer for specialized trace evidence
photography.
 12. If the robbery was video/filmed (CCTV), view the video to see where evidence
might be found.
 14. Draw a sketch. Mark the places where trace evidence and
reference samples are collected.
 15. Write a continuous seizure report.
 16. Find out whether the proceeds of the robbery included bait
money.
 17. Check the crime scene before you leave it. Make sure that
you have not forgotten anything important, such as
interrogation reports, memos, equipment etc.
 Entry route
 After a robbery, it is important to investigate how the offender
got in. It is important to find the entry route, which is not
necessarily a door. Look at the building from the outside and
try to find traces of a break-in or other damage to doors or
windows. Check the function of the lock and check whether
there are any pick marks (PNP, 2011, p. 41).
 Ask the victim
 Find out from the victim what has been stolen and where there
are traces of objects being moved by the perpetrator. That is
the place to look for trace evidence (PNP, 2011, p. 41).
 Latent footwear prints
 Paper on the floor is always of interest since there may be
latent footwear prints on it. Collect all paper and then look for
footwear prints on the paper at your unit or send the papers to
the Crime Laboratory for examination. There may also be latent
footwear prints on desk pads, chair seats, etc (PNP, 2011,p. 42).
 Collection of Evidence
 According to the PNP's Field Manual on Investigation of Crimes
of Violence and Other Crimes (2011), the illustration shows the
following types of evidence in connection with robberies:
 Brigandage Investigation
 Article 306-307 of the Revised Penal Code of the Philippines,
and the Anti-Piracy and Anti-Highway Robbery Law of 1974,
criminalized the act of committing robbery in the highway, or
kidnapping persons for the purpose of extortion or to obtain
ransom or for any other purpose to be attained by means of
force and violence by more than three armed persons or a band
of robbers.
 The elements of crime of brigandage according to the PNP
Criminal Investigation Manual 2011 are the following:
 -The offense is committed by at least four armed persons.
 -The offenders formed a band for the purposes of committing
any or all of the following:
 Robbery in the highway:
 Kidnap persons for ransom;
 Attain any other purpose through force and violence.
 There is a preconceived or intended victim.
 The evidence needed to file a crime of Brigandage are the
following (PNP, 2011, p. 162):
 1, Testimonial Evidence- Affidavit of complainant and witnesses
 2. Documentary Evidence -photographs, videos, police reports
and other documents
 3. Object Evidence -stolen items, weapons and other devices
 4. Other relevant evidence.
 Theft Investigation
 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 (RA 3815, 1930, Article 308). It is punishable
under Article 308 of the Revised Penal Code of the Philippines.
The elements of Theft are:
 Any personal property belonging to another.
 The personal property is taken with intent to gain.
 The taking is without the owner’s consent.
 Absence of or without violence or intimidation of persons or
force upon things.
 According to the PNP Criminal Investigation Manual (2011),
Theft is consummated when the offender is able to take
possession of the thing. Once the thief has full possession of
the thing, even if he did not have a chance to dispose of the
same, theft is consummated.
 The evidence needed to file a crime of Theft are (PNP, 2011, p.
163):
 1. Testimonial Evidence - Affidavit of complainant and
witnesses
 2. Documentary Evidence-photographs, videos, police reports
and other documents
 3. Object Evidence - stolen items, weapons and other devices
 4. Other relevant evidence
 Usurpation Investigation
 Usurpation is the occupation of real property belonging to another
person by means of violence or intimidation (RA. 3815, 1930, Article
312). Usurpation is punishable underthe Revised Penal code of the
Philippines, Article 312. The elements of the crime of Usurpation are
(PNP, 2011, p. 163):
 The offender takes possession or real property or real right.
 The real property belongs to another.
 The taking is through violence or by intimidation of persons.
 The taking is with intent to gain
 The evidence needed to file a crime of Usurpation are as
follows (PNP, 201l, p. 163):
 1. Testimonial Evidence - Affidavit of complainant and
witnesses
 2. Documentary Evidencephotographs, videos, police reports
and other documents
 3. Object Evidence - real property rights, weapons and other
devices
 4. Other relevant evidence
 Culpable Insolvency Investigation
 Culpable Insolvency also known as Fraudulent insolvency is punishable
under Article 312 of the Revised Penal Code of the Philippines.
 The elements of Culpable Insolvency are (PNP, 2011, p. 164):
 This offense is committed when a debtor absconds with his property, real
or personal, to the prejudice of his creditors.
 Insolvency proceedings are not a requirement.
 Other analogous acts
 The evidence needed to file a crime of Culpable Insolvency are
as follows:
 1. Testimonial Evidence - Affidavit of complainant and
witnesses
 2. Documentary Evidence-photographs, videos, police reports
and other documents
 3. Object Evidence -travel documents and transfer contracts
 4. Other relevant evidence
 Estafa and Bouncing Checks Investigation
 Estafa also known as Swindling is an act of defrauding another
person by unfaithfulness or abuse of confidence; deceit or
fraudulent acts; and fraudulent means (RA.3815, 1930, Article 315).
The elements of Estafa are:
 There is deceit.
 There is damage or prejudice to the offended party.
 The deceit is through unfaithfulness or abuse of confidence.
 Some by means of false pretenses or
 fraudulent acts or means.
 Other analogous acts
 The evidence needed to file a crime of Estafa are as follows
(PNP, 2011, p. 165):
 1. Testimonial Evidence - Affidavit of complainant and
witnesses
 2. Documentary Evidence- photographs, videos, police reports
and other documents
 3. Object Evidence - stolen items, weapons and other devices
 4. Other relevant evidence
 Bouncing Check Law
 According to the Bouncing Check Law, the act of making or drawing
and issuance of a check without sufficient funds or credit is unlawful
(BP 22, 1979, Section 1). The acts which constitute the crime of
making or drawing and issuance of a check without sufficient funds
or credit are (PNP, 2011, p. 165):
 1. Any person who makes or draws and issues any check to apply on
account or for value, knowing at the time of issue that he does not
have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment or would have
been dishonored for the same reason had not the drawer, without
any valid reason, ordered the bank to stop payment.
 2. Any person who, having sufficient funds in or credit with the drawee
bank when he makes or draws and issues a check, shall fail to keep
sufficient funds or to maintain a credit to cover the full amount of the
check if presented within a period of ninety (90) days from the date
appearing thereon, for which reason it is dishonored by the drawee
bank.
 The evidence needed to file the actions for violations of BP 22 are:
 1. Testimonial Evidence- affidavit of the complainant and witnesses
 2. Documentary Evidence- Notice from the bank for insufficiency of
funds, demand letter, police records and other pertinent documents
 3. Object Evidence - the check or any negotiable instruments
 4. Other evidence relevant
 Three Ways of Committing Estafa
 The two indispensable elements of Estafa are Fraud or the
deceit employed to defraud another; and the other one is,
Damage or the injury or damage caused by Estafa (PNP, 2011,
p.166). The three ways of committing Estafa are as follows:
 1. By using fictitious name.
 2. By falsely pretending to possess: power; influence;
qualification; property; credit; agency; business or imaginary
transaction; and
 3. By means of similar deceit
 a. Altering the quality, fineness or weight of anything pertaining to his
art or business as when a jeweler to whom is entrusted a diamond-
studded ring changes the gem with lower quality.
 b. Pretending to have bribed any government employee when in fact
the offender converted for his use the money taken under the pretext
of a bribe.
 C. Estafa by: Obtaining food/accommodation without paying for it, or
obtaining credit by the use of false pretense; or abandoning or
surreptitiously credit and food without paying for it.
 d. Estafa by inducing another to sign my document.
 e. Estafa by resorting to fraudulent practice to insure success in a
gambling game.
 f. Estafa by removing or concealing any court record office files.
 Estafa through the Issuance of Postdating a Check without Funds
 The elements of estafa through the issuance of post datinga check without funds are as
follows (PNP, 2o11, p. 168):
 That the offender has postdated or issued a check in payment of an obligation contracted at
the time of postdating or issuance of such check, not pre-existing at the time of payment.
 That at the time of the postdating or issuance of said check, the offender had no funds or
the funds deposited were not sufficient to cover the amount of the check.
 The offender has postdated or issued a check in payment of an obligation contracted at the
time of the postdating or issuance of such check;
 He postdated or issued such check knowing at the time that he had no funds in the bank or
the funds deposited by him in the bank were not sufficient to cover the amount of the
check;
 He did not inform the payee of such circumstances;
 The payee had been defrauded.
PRE FINALS
 CYBER CRIME
INVESTIGATION
 Computer Crime or Cybercrime investigation is the process of
investigating, analyzing, and recovering forensic data for digital
evidence of a crime, just like other criminal investigations; It is a
continuous process of searching for evidence and leads. Examples of
evidence in a cyber-crime investigation include a computer,
cellphone, automobile navigation system, video game console, or
other networked device found at the scene of a crime. This evidence
helps cyber-crime investigators determine the perpetrators of a cyber
crime and their intent.
 Anti-Cybercrime Agencies in the Philippines
 its first law regulating the internet on June 14, 2000, Republic Act No.
8792 also known as the Philippine Electronic Commerce Act of 2000
 September 12, 2012, Republic Act No. 1o175 also known as The
Cybercrime Prevention Act of 2012 was signed
 Cybercrime Investigation and Coordinating Center
 Republic Act 1o175 or the Cybercrime Prevention Act of 2012
 attached agency of the Department of Information and
Communications Technology (DICT
 National Computer Emergency Response Team (NCERT)
 is a division under the Cybersecurity Bureau of the Department of
Information and Communications Technology
 responsible for receiving, reviewing, and responding to computer
security incident reports and activities.
 also ensure that a systematic information gathering/dissemination,
coordination and collaboration among stakeholders, especially
computer emergency response teams, are maintained to mitigate
information security threats and cybersecurity risks
 The Core Sections of NCERT are
 -Security Operations Center Section
 -Incident Response Section
 -Digital Forensics Section
 -Cyber Threat Monitoring Section
 Department of Justice - Office of Cybercrime (D0J-00c),
 Republic Act No. 10175 or the Cybercrime Prevention Act of 2012
 Central Authority in all matters relating to international mutual
assistance and extradition for cybercrime and cyber-related matters
 also acts as the focal agency in formulating and implementing law
enforcement investigation and prosecution strategies in curbing
cybercrime and cyber-related offenses nationwide (DOJ-O0C, 2018)
 National Bureau of Investigation Cybercrime Division (NBI-CCD)
 is tasked to investigate all cyber related crimes punishable under
Cybercrime Prevention Act and related laws
 to establish and maintain an Incident Response Team and Digital
Forensic Section that will be responsible for responding to the current
and emerging cyber threats, and conducting digital forensic
examination and analysis
 PNP Anti-Cybercrime Group (PNP-ACG),
 National Operational Support Unit primarily responsible for the
implementation of pertinent Philippine laws on cybercrimes and
advocating the anti-cybercrime campaign of the PNP
The capabilities of PNP ACG are as follows:
 Cyber Response
 Cyber Security
 Digital Forensic
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 1. Statement of Policy.

– It is the policy of the Senate to value the dignity

of every human being and guarantee full respect
for human rights.
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.

(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.
Section 2. Rights of Persons Arrested, Detained
or Under Custodial Investigation; Duties of Public
Officers. –
(c) The custodial investigation report shall be reduced to writing
by the investigating officer, provided that before such report is
signed, or thumbmarked 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.
Section 2. Rights of Persons Arrested, Detained
or Under Custodial Investigation; Duties of Public
Officers. –
 (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.
Section 2. Rights of Persons Arrested, Detained
or Under Custodial Investigation; Duties of Public
Officers. –
.(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. --
Section 2. Rights of Persons Arrested, Detained
or Under Custodial Investigation; Duties of Public
Officers. –

-- 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 suspected
to have committed, without prejudice to the liability of the
"inviting" officer for any violation of law
 Section 3. Assisting Counsel. – Assisting counsel is any
lawyer, except those directly affected by the case, those
charged with conducting preliminary investigation or those
charged with the prosecution of crimes.
Section 3. Assisting Counsel. –

The assisting counsel other than the government lawyers

shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the

suspected person is chargeable with light
felonies;lawphi1©alf

(b) The amount of Two hundred fifty pesos (P250.00) if the

suspected person is chargeable with less grave or grave
felonies;
Section 3. Assisting Counsel. –
(c)The amount of Three hundred fifty pesos (P350.00) if the
suspected person is chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or
municipality where the custodial investigation is conducted,
provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee:
Provided, That the Municipal or City Treasurer must certify that no
funds are available to pay the fees of assisting counsel before the
province pays said fees.

In the absence of any lawyer, no custodial investigation shall be

conducted and the suspected person can only be detained by the
investigating officer in accordance with the provisions of Article 125
of the Revised Penal Code.
Section 4. Penalty Clause. –

 (a) Any arresting public officer or employee, or any

investigating officer, who fails to inform any person
arrested, detained or under custodial investigation of his
right to remain silent and to have competent and
independent counsel preferably of his own choice, shall
suffer a fine of Six thousand pesos (P6,000.00) or a penalty
of imprisonment of not less than eight (8) years but not
more than ten (10) years, or both. The penalty of perpetual
absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a
similar offense.
Section 4. Penalty Clause. –

 The same penalties shall be imposed upon a public officer

or employee, or anyone acting upon orders of such
investigating officer or in his place, who fails to provide a
competent and independent counsel to a person arrested,
detained or under custodial investigation for the
commission of an offense if the latter cannot afford the
services of his own counsel.
Section 4. Penalty Clause. –

(b) Any person who obstructs, prevents or prohibits any

lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or
by any member of his immediate family or by his counsel, from
visiting and conferring privately with him, or from examining
and treating him, or from ministering to his spiritual needs, at
any hour of the day or, in urgent cases, of the night shall suffer
the penalty of imprisonment of not less than four (4) years nor
more than six (6) years, and a fine of four thousand pesos
(P4,000.00).lawphi1©
Section 4. Penalty Clause. –

 The provisions of the above Section notwithstanding, any

security officer with custodial responsibility over any
detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and
prevent his escape.
 Section 5. Repealing Clause. – Republic Act No. No. 857,
as amended, is hereby repealed. Other laws, presidential
decrees, executive orders or rules and regulations, or parts
thereof inconsistent with the provisions of this Act are
repealed or modified accordingly.
 Section 6. Effectivity. – This Act shall take effect fifteen
(15) days following its publication in the Official Gazette or
in any daily newspapers of general circulation in the
Philippines.
The Anatomy of Crime:

1. Motive

2. Instrumentality

3. Opportunity
The Anatomy of Crime:

1. The Motive – refers to the reason or cause why a

person or group of persons will perpetrate a crime.

2.The Instrumentality – is the means or implement

used in the commission of the crime.

3. The Opportunity – consists of the acts of omission

and/or commission by a person (the victim) which
enables another person or group of persons (the
criminal/s) to perpetrate the crime.
II. Special Crime Investigation, defined:

1. Is the investigation cases that are unique an

often required special trainings to fully understand
its broad significance.

2. The study concentrates more on physical

evidence; it’s collection, handling, identification
and preservation in coordination with the various
criminalists in the crime laboratory. Special crime
investigation involves close relationship between
the investigator in the field and the investigator in
the laboratory
III. Definition of Investigation:

The word investigate is defines as “to examine and

inquire into something systematically and
thoroughly”.

The word investigate can be traced back to the

Latin word investigare, meaning “to search into.”

 Investigate is based on another Latin word,

vestigare, meaning “to track or to trace.”
(Dempsey, 29)
III. Definition of Investigation:

 Investigation is an art which deals with the identity

and location of the offender and provide evidence of his
guilt through criminal proceedings (Tradio,2001)

Note: Investigation came from the Latin term word

“Investigat”, which means “to inquire or to discover.”
 Investigation is the collection of facts to
accomplish a three-fold aim:

 a. to identify the suspect;

 b. to locate the suspect; and

 c. to provide evidence of his guilt.

 In the performance of his duties, the
investigator must seek to establish the six (6)
cardinal points of investigation, namely:
1. what specific offense has been committed;

2. how the offense was committed;

3. who committed it;

4. where the offense was committed;

5. when it was committed;

6. and why it was committed.

IV. Phases of Investigations:

The main objective of a police investigator is to

gather all facts in order to:
Phase I – Identify the perpetrator/s through

1. Confession

2. Eyewitness testimony

3. Circumstantial evidence

 4. Associate evidence
Phase II – locate and apprehend suspect/s

1. Surveillance

2. Undercover Assignments

3. Informants
Phase III – Gather and provide evidence to
establish the guilt of the accused

1. The fact of the existence of the crime must be

established

2. The accused must be identified and associated with

the crime scene

3. Competent and credible witnesses must be

available

4. Physical evidence must be appropriately identified

V. Types of Criminal Investigation:

1. Investigation while the suspect is under arrest and

detention; and

2. Investigation while the suspect is “at large”

(Meaning- not under arrest and detention, - “ fugitive
from justice”)
VI. Four (4) reasons why crime should be
punished:

1. Future deterrence of offenders

2. Deterrence to others

3. Community safety

4. Protection of the innocent

INTERVIEW
INTERVIEW

– It is the questioning of a person believed to

possess information which is relevant to the investigation
of a crime or on criminal activities.
COGNITIVE INTERVIEW
 – it is a form or technique in the conduct of interview upon
willing and cooperative witnesses, where they are given the
full opportunity to narrate their accounts without
intervention, interruption and inference from the
interviewer.
 After narration, the subject will be subjected to direct
examination and cross examination, to clarify the
unexplained portion to arrive at a clear and complete
picture of the testimony. Leading questions greatly helps
the investigator to obtain the full and desired information.
 THE GOLDEN RULE OF INTERVIEW

“Never conduct or let anyone conduct an interview if the

interviewer has not gone to the crime scene. The questioning
should be in agreement with the facts and conditions at the
crime scene. The questioning will lead wayward for the
interviewer who had not seen personally the crime scene and
he will not be in a position to distinguish half-truths,
exaggerations or falsehood from the answers of the person
being interviewed.”
A. Qualities of a Good Interviewer
A. Qualities of a Good Interviewer

1) Rapport– it is the development of intimacy between the

interviewer and the interviewee.
 It is winning the confidence of a person being interviewed in
order that he will tell all the information in his possession.
 The interviewer must be in respectable civilian attire
because many thinks that uniform is intimidating.

2) Forceful Personality
 The appearance of the interviewee and other qualities such
as skills of communication techniques and the force of his
language are the mainstays of the strength of his character.
A. Qualities of a Good Interviewer

3) Knowledge of Human Behavior

 The ability of the interviewer to determine the personality
and intelligence of his subject. He must go down and up to
the level of understanding of his particular subject – the
interviewee.
4) Conversational Tone of Voice
 His tone of voice must be conversational, not
confrontational as in interrogation.
 B. Reasons Why Witnesses Refuse to Talk and
Testify
B. Reasons Why Witnesses Refuse to Talk and
Testify
1) Fear of Reprisal
 It is always entertained by witnesses who lack the courage
to face the suspect, his company or relatives.
 This is natural for witnesses who have no means to protect
themselves or no influential person to rely on.
 The investigator’s power of persuasion plays a vital role.

2) Great Inconvenience
 The ordeal of testifying in court is an inconvenience on the
part hands-to-mouth and to the unemployed.
B. Reasons Why Witnesses Refuse to Talk and
Testify

3) Hatred against the Police

 This hatred maybe due to previous bad experience with rogue
members of the police organization.
4) Bias of the Witness
 The witness maybe an acquaintance, friend, helper, or
benefactor of the suspect.
5) Avoidance of Publicity
 There are witnesses who are shy and they shun publicity that
will bring them discomfort to their ordinary or obscure way of
living.
 B. Reasons Why Witnesses Refuse to Talk and
Testify
6) Family Restriction
 Some famous and respected families preserve their
reputations by instilling to their members the need of approval
of their elders on matters affecting their families.
7) Bigotry
 Religious or racial, tribal or ethnic indifference.
8) Cultist Indoctrination
 Some cults or religious denominations exercise religious or
moral influence on the decision of witnesses to testify. It would
be more apparent when the witness and the suspect belong to
the same cult.
C. Common Technique to Convince Witnesses
to Talk and Testify

 Many of these witnesses want that they will not be

utilized as formal witnesses but to remain anonymous.
The investigator must initially agree that the
testimonies be given the shroud of confidentiality.
 After the full disclosure of the information, the
investigator then persuades these witnesses to be
utilized as formal witnesses especially when there is
the necessity of the testimonial evidence. The power of
persuasion plays a key role.
D. Stages of Handling the Interview
D. Stages of Handling the Interview

1) Preparation
 The investigator should review the facts at the crime scene
and information from other sources in order that he would
be ready for the questioning.
 A background data of the subject should be available so
that he could adapt himself to the kind of approach to be
employed.
2) Approach
 The investigator must carefully select his kind of approach,
which maybe a single kind, a combination of two or the
application of all the techniques.
D. Stages of Handling the Interview

3) Warming Up
 This is being done by preliminary or exploratory questions
to clear the atmosphere, promote a conducive ground for
cordiality, respect, and trust for each other.

4) Cognitive Interview
 The subject is now asked to narrate his account without
interruption, intervention or inference.
E. Rules in Questioning
E. Rules in Questioning

1) One Question at a Time

 Avoid multiple, complex and legalistic questions. One
question at a time is desired.
2) Avoid Implied Answers
 The nod of the head or any other body language as a
response to the question should be avoided. The answer
must be oral, clear, explicit and responsive to the questions.
3) Simplicity of Questions
 A short simple question at a time is required. Avoid
legalistic questions.
E. Rules in Questioning

4) Saving Faces
 Embarrassing questions on the subject on matters of
exaggeration or honest errors about time, distance and
description can be avoided if the investigator will cooperate
with subject to “save his face.”
5) Yes and No Answers
 Do not ask questions which could be answered by YES or
NO. It will curtail the complete flow of information and will
lead to inaccuracy.
F. Types of Witnesses According to their Attitude
F. Types of Witnesses According to their Attitude

1) Know-Nothing Type
 These are the reluctant types of witnesses. They are
among the uneducated and of low level of intelligence.
2) Disinterested Type
 This is the uncooperative and indifferent subject. Their
indifference should be demolished to arouse their interest
or be flattered.
F. Types of Witnesses According to their Attitude
3) The Drunken Type
 The style of questioning by the investigator should be adapted
to the psychology of the subject. When the drunken subject
sobered, another interview will be conducted, confronting him
about his disclosures while in the state of drunkenness. Written
statement must be taken during his sobriety.
4) Suspicious Type
 These types of witnesses are suspicious about the motive and
actions of the investigator. The barrier of the suspicions may be
removed by sincere explanations or psychological pressure.
5) Talkative Type
 These are witnesses who are prone to exaggerate, adding
irrelevant or new matters to their narrations. The skillful
investigator could prune the unnecessary matters from relevant
ones.
F. Types of Witnesses According to their Attitude

6) Honest Witnesses
 These are truthful and cooperative witnesses where the
investigator could rely upon, with little or no problem in
handling them.
7) Deceitful Witness
 These are liar type of witnesses. Let them lie and order
them to repeat several times their narrations. They will be
enmeshed in contradictions.
8) Timid Witness
 They are the shy-type of witnesses. The approach must be
friendly and reassuring confidentiality of their information.
F. Types of Witnesses According to their Attitude

9) Boasting, Egoistic, or Egocentric Witnesses

 They will be good witnesses because of their ability of
expressing their accounts of the commission of the crime.
They are susceptible to add color or importance in their role
as witnesses, probably under-rating the accounts of others.
10)Refusal to Talk Witnesses
 These are the most difficult subjects to deal with. The
causes maybe trauma, shock, fear, hatred, and others.
G. Statement Analysis

All complaints and testimonies of

witnesses are subjected to the crucible of truth.
Utmost care must be exercised before
concluding the culpability of the suspect.
H. Complaints and Testimonies be Reduced to
Writing

 Complaints and testimonies shall be reduced to writing in

the form of Questions and Answers
 never use an affidavit form. Complaints and testimonies
must be placed under oath before an officer authorized to
administer oath
THE ART OF INTERROGATION
INTERROGATION

 is one of the most difficult but most interesting phases of

criminal investigation and detection. It is the confrontational
battle of wits between the investigator and the suspect. It is
a mental combat where the weapon is intelligence and the
use of the art.
 Victory depends upon proper and effective use of the art.
INTERROGATION

 - is the skillful questioning of a hostile person suspecting of

having committed an offense or of a person who is reluctant
to make a full disclosure of information in his possession
which is pertinent to the investigation.
CUSTODIAL INTERROGATION

 – it denotes the investigation conducted by the investigator

on the suspect who is under his custody.
GOLDEN RULE OF INTERROGATION

“Make him admit something, no matter how small or trivial.

Usually the first admission will lead to another. In securing the
first admission is the biggest stumbling block in dealing with
tough suspects.”
1) Purposes of Interrogation:

a. On the part of the suspect, it is to extract confession

or admission.
b. On the part of the uncooperative or unwilling
witness, it is to extract the information he possesses.
2) Confession Distinguished from Admission

a. Confession - it is the direct acknowledgement of guilt

arising from the commission of a crime.
 Also defined as an acknowledgment by a suspect
that he/she has committed a crime. It includes an
acknowledgment of the commission of all the elements of
the crime and the person’s involvement in the commission.
2) Confession Distinguished from Admission

b. Admission – it is an acknowledgement of a fact or

circumstance without accepting the guilt.
 Also defined as an acknowledgment by the suspect of
certain facts that tend to incriminate him/her with respect to
a particular crime, but which are not sufficiently complete to
constitute a confession.
3) Kinds of Confessions

 a. Extra-Judicial Confession – those made by the

suspect during custodial investigation.
 b. Judicial Confession – those made by the accused
in an open Court. The plea of guilt during arraignment or
any stage of the proceedings where the accused changes
his plea of not guilty to guilty.
 4) Rights of the Accused During Custodial
Investigation
 a. Right to remain silent.
 b. Right to counsel of his own choice and if he has none, the
government must provide one for him.
 c. Right to be informed of the nature of the charges against
him and whatever he says maybe used for or against him.
 These rights could be validly waived in writing and with the
assistance of Counsel in order that the ensuing confession be
admissible in evidence. The confession must also be in writing,
signed and sworn to by the accused.
 5) MIRANDA DOCTRINE:
 MIRANDA versus STATE of ARIZONA
 36 0.0 (2d) 86 S. Ct
 Decided: June 13, 1966
 On March 13, 1966, Ernesto Miranda was arrested for kidnapping and rape. At the trial, the police
officers admitted that Miranda was not advised of his rights to silence and to counsel. The confession
of Miranda was admitted into evidence over objection of the defense counsel. Miranda was found guilty
and sentenced from 20 to 30 years imprisonment.
 On appeal, the Supreme Court of Arizona held that Miranda’s constitutional rights were not violated in
obtaining the confession and affirmed the conviction. In reaching its decision, Arizona Supreme Court
stressed the fact that Miranda had not specifically requested counsel and therefore the doctrine in the
Escobedo did not apply.
 Miranda appealed to the U.S Supreme Court and in a 4 – 5 decision, the Court reversed the conviction
and held that prior to INTERROGATION the person must be informed in clear and unequivocal terms
that he has the right to remain silent and to counsel; that should be he choose to speak, any statement
he makes may be used in evidence against him; and that should he choose counsel, it should be
provided him.
 Before the adoption of the 1973 Constitution, our Supreme Court rejected the application of the
Escobedo and Miranda Rules in this jurisdiction through the case People of the Philippines vs
 Jose L 28232, February 6, 1971, 37 SCRA 451, which is popularly known as the Maggie de la Riva Rape
Case. Both the 1973 and 1987 Constitution adding stricter provisions as cited above. The 1935
Constitution, Article III Bill of Rights, Section 1, para. 17, provides: “In all criminal prosecutions the
accused shall enjoy the right to be heard by himself and counsel.” However, the term criminal
prosecution was interpreted by court, in U.S versus Beechman, 23, Phil. 25 (1812) to mean proceedings
before the trial court from arraignment to rendition of judgment
6) The Techniques of Interrogation:
 6) The Techniques of Interrogation:
 a) Emotional Appeal – this is a technique where the
investigator, combining his skills in of an actor and a psychologist,
addresses the suspect with an emotional appeal to confess. This
is applicable to first time offenders or those who are of the
emotional type of characteristics displayed by nervousness or
emotional disturbances. Devotees of a religious may belong to this
type.

 b) Sympathetic Approach – the investigator, in his

preliminary or probing questions must dig deep into the past
troubles, plight and unfortunate events in the life of the suspect.
An offer of help, kindness, friendliness, may win his cooperation.

 c) Friendliness – a friendly approach coupled with postrure of

sincerity may induce the suspect to confess.
d) Tricks and Bluffs:

 (1) The Pretense of Solid Evidence against the

Accused – the investigator bluffs the suspects that even if
he will not confess, there is enough evidence to send him to
jail. If he will confess, the investigator will see to it that his
prison term will be within the range of probation.
 (2) The Weakest Link – among the suspects, there
must be a careful selection as to who among them is the
weakest link where the interrogation will begin. By tricks
and bluffs, this weakest link will be told that his companions
had already confessed. That this weakest link had dealt the
fatal blow or that he received the lion share of the loot in
order to intrigued him.
d) Tricks and Bluffs:

 (3) Drama – the weakest link used to fake pain and the
agony by ordering him to shout, accompanied by banging a
chair on the wall to make it appear that a commotion is
going on. The other suspect in separate rooms must hear
the DRAMA before telling them that their partner had
confessed.
 (4) Feigning Contact with Family Members – the
suspect could be tricked that the investigator had gone to
the residence and the family members had supplied facts
against the suspect. The suspect’s family will be dragged in
to the investigation if the suspect will not confess.
d) Tricks and Bluffs:
 (5) More Tricks and Bluffs – depending upon the
imagination of the investigator in each particular situation.
 (6) The Line-up – the complainant, witness or victim is
requested to point positively the suspect who is among
persons in the police line-up. The witnesses, vcitims or
complainant are previously coached about the identity of
the suspect.
 (7) Reverse Line-up – the suspect is placed among
other persons in a line up and he is identified by several
complainant and witnesses who will associate the suspect
in other several crimes. This will cause the suspect to
become desperate and confess only to the case under
investigation, to avoid from being charged on false
accusations.
6) The Techniques of Interrogation:

 e) Stern Approach – the investigator displays a stern

personality towards the suspect by using the following
method:
e) Stern Approach :

 (1) Pretense of Physical Evidence – it is the pretense

of laboratory or scientific findings pointing to the suspect.
 (2) Jolting – in the questioning process, the investigator
selects the right moment to shout a pertinent question in an
apparent righteous outrage. The suspect’s nerves will break
to a confession.
 (3) Indifference – the presence of the suspect, the
investigator will discuss and debate about the string
evidence of the case that will result to conviction of
maximum penalty. Their aim is to induce the suspect to
confess by conditioning his mind that he is finally cornered
with no other recourse but to confess.
e) Stern Approach:

 (4) Feigning Protection and Consideration – the

investigator asks series of questions appearing to be
formalities with the impression that he knows the answers.
That these questions are asked as matters of
considerations of the rights, protection and advantage of
the suspect.
 (5) Opportunity to Lie - the suspect is given all the
opportunities to lie. The suspect is questioned about his
personal life and family and friends and his knowledge
about the commission of the crime. This is repeated many
times.
6) The Techniques of Interrogation:

 f) The Mutt and Jeff or Sweet and Sour Method –

the first set of investigators must appear to be rough, mean
and dangerous. When they had finished the interrogation,
the second investigator intervenes by stopping the first set
of investigators. By being sympathetic and understanding,
he begins his interrogation. If the suspect still refuses to
cooperate, then the process is repeated until there is
confession.
 g) Removing the Ethnic or Cultural Barrier – If the
suspect is an Ilocano, he should be interrogated by an
Ilocano investigator and the same with other ethnic or
cultural groups.
6) The Techniques of Interrogation:

 h) Searching for the Soft Spot – in every man’s heart,

there is always that softest spot. That spots maybe the
youngest child, the wife, the mother, the brother who acted
as his father, the grandparents or the best friend. Once
discovered, there must be a face to face meeting with that
person and that heart of steel will melt to pieces.
7) Additional Modern Techniques:
7) Additional Modern Techniques:

 (a) Rationalization – it is the use of reasons, which is

acceptable to the subject that led to the commission of the
crime.
 (b) Projection – it is the process of putting the blame to
other person, not alone to the suspect.
 (c) Minimization – it is the act of minimizing the
culpability of the suspect. The investigator convinces the
suspect that a confession will reduce the offense and the
penalty.
8) Physical Signs of Deceptions:

 (a) Sweating
 (b) Color Change
 (c) Dry Mouth
 (d) Breathing
 (e) Pulse
 (f) Avoidance of Direct Eye Contact