SPECIAL CRIME INVESTIGATION 2

CHAPTER 1

INTRODUCTION

Learning Objectives

At the of this chapter the students should be able to;

1. Know who is criminal investigator,

2. Enumerate and explain primary responsibilities crime scene investigator,

3. Know the qualities of an investigator,

4. Understand the meaning in importance of Special Crime Investigation; and

5. Identify the different terminologies relevant to special crime investigation.

The purpose of crime scene investigation is to help establish what happened at the crime and to identify
the responsible person or people. Carefully documenting the situation at a crime scene and recognizing
all-important physical evidence do this. The ability to recognize and Properly collect physical evidence is
often times vital to both solving and prosecuting violent crimes. Actions taken at the outset of an
investigation at a crime scene can play a pivotal role in the resolution of a case. Careful, thorough
investigation is key to ensure that potential physical evidence is not tainted or destroyed or potential
witnesses overlooked.

From the perspective of forensic science has come to mean the application of the natural and physical
science to the motion of matters within a legal context. Forensic Science can be viewed as a tripartite
structure consisting of a collection, which pertains to the science investigation, Examination, which
pertains to the medical investigation and, presentation, which pertains to the courts. A forensic case will
involve all aspects of each of the three structured elements, each being as important as the other. It is
obvious that there needs to be a shared approach for the successful end of each case. Each step in
forensic science must be done in an exact order; therefore it can be assured that the investigation can
have few doubts about what is being debated. The crime scene investigator must focus the attention on
the first aspect of the three-step structure, Collections and Scientific Investigation. To determine what
should be done at crimes scenes, how crime scenes should be handled and what steps must be followed
to ensure that all evidence is uncontaminated as when the crime was committed.

The functions for crime scene investigators may vary according to the geographic location, the size of
the law enforcement agency, or simply the size and scope of the crime scene. Within larger cities, for
example, crime scene investigators may be hired to perform specific duties, such as DNA or fingerprint
collection, while smaller locations may require crime scene investigators to tackle any number of tasks
at a crime scene. Determine whether or not a crime has been committed.
The crime scene investigator must adhere to the same set of regulations and the same protocol, which
generally includes: The initial phase of a crime scene investigation involves identifying and recognizing
the scene and the physical evidence to be collected. A crime scene leader is generally responsible for
this initial, organizational phase, which involves approaching the search using an organized method or
pattern. This may mean identifying the number of CSI professionals on the scene, the size of the area,
and the extent of the crime scene. Recognizing the scene and the physical evidence at the scene is
crucial as to ensure that the evidence is not compromised in any way and that it can be identified,
processed, and packaged in an organized fashion. This phase of the investigation also involves
identifying the resources and equipment that may be needed and identifying and addressing any safety
concerns or hazards. The next phase involves documenting and processing the physical evidence. This is
done through written notes, diagrams, reports, photographs, and sketches. This information must be
comprehensive, accurate, and factual, as it may be used by forensic scientists in the laboratory, by law
enforcement officials, and in a court of law. Once the crime scene has been properly assessed and all
information has been recorded, it is the job of the crime scene investigators to recover the physical
evidence at the crime scene through a number of technical and scientific methods and procedures.
Proper care must be taken at all times to ensure that the physical evidence is collected and preserved
according to strict standards. The type and scope of a crime scene investigation will vary from case to
case. Jurisdictions will want to carefully consider the procedures in this guide and their applicability to
local agencies and circumstances.

Criminal Investigator - refers to a person who is charged with the duty of carrying on the objectives of
criminal investigation, e.g., to identify and locate the suspect and provide evidence of his guilt. It is also
responsible for investigating crimes such as, Murder, homicides, assaults, and other incidents to
implicate Perpetrators. Collects evidence, interviews witnesses, and testifies in court.

Investigator/ Officer - Shall refer to any law enforcement personnel belonging to the duly mandated law
enforcement agencies tasked to enforce Republic Act 9208 such as officers, investigators and agents Of
the Philippine National Police, National Bureau of Investigation, and Bureau of Immigration.

Primary Responsibilities

Crime scene investigator is a complex and multifaceted one, as a number of subspecialties exist within
this profession. However, in general, a crime scene investigator is a professional who is trained to collect
preserve and process evidence at the scene of a crime.

Crime scene investigators, unlike forensic scientists who conduct tests on physical evidence within a
forensic laboratory, are the on-the-scene professionals who are called to the scene of a crime to ensure
that all physical evidence is properly collected, preserved and documented according to a strict code of
standards. These investigative professionals also ensure that all physical evidence is packaged and
transported to a forensic laboratory.
The following are the primary responsibilities of a criminal investigator as such but not limited to;

1. Process crime scenes by performing scene recognition, scene documentation and evidence
collection

2. Operate within the applicable laws governing the investigations

3. Initiate preliminary survey, generate initial theories and keep the ones that are not eliminated
by incoming information

4. Thoroughly document scenes and gather potential evidences (physical, specimens, documents,
photographs, statements etc) to send to crime lab

5. Draft detailed investigative reports and be prepared to present evidence to the prosecutor

6. Preserve, collect and record impressions, including tool marks, footprints, tire marks, bite marks,
and fingerprints

7. Collect DNA evidence, including blood, semen, hair, skin, blood stain patterns, bodily fluids and
nails

8. Collect trace evidence, including gunshot residue, fibbers, accelerant, paint, glass, etc.

9. Collect firearms evidence, including weapons, spent casings, bullet fragments, cartridges, and
gun powder patterns

10. Investigate criminal acts such as murder, homicides, sexual assaults, armed robberies, home
invasions, and property crimes such as robbery and theft etc.

11. Interview informants, suspects, and witnesses to ascertain alibis, clues, time frames, and
possible suspects.

12. Collect enough evidence to support a court case against a criminal.

13. Prepare sketches and diagrams.

14. Obtain search warrants.

15. Perform surveillance and monitor suspects.

16. Exchange information and coordinate activities with other departments.

17. Record physical information about suspects.

Note: Throughout a crime scene investigation, the crime scene investigator must ensure that:

i. All laws are followed

ii. The crime scene and all collected evidence are properly documented

iii. Evidence is processed in an expeditious manner

 iv. Evidence is processed without compromising it

v. Proper methods and techniques for evidence recovery are followed

vi. All equipment and resources are properly used

vii. All evidence is properly handled, packaged and transported

viii. All physical evidence is recovered

ix. Safety precautions are followed

Qualities of an Investigator
The must possess the following qualities;

a. Proven working experience as criminal investigator

b. Hands-on experience with crime scenes analysis and forensic science

c. Proficient in interpreting evidence and reconstructing events

d. Ability to observe minute details and to produce detailed reports

e. In depth knowledge of criminal law, rules and legislation

f. Familiarity with all evidence types (e.g. circumstantial, direct, trace, hearsay etc.) and the rules
governing their admissibility

g. Thorough understanding of the investigation process and the unique circumstances of each case

h. Strong analytical skills along with good interviewing and interrogation skills

i. Honest and ethical with high levels of integrity and confidentiality

Special Crime Investigation (defined) is a process of applying special equipment and special expertise; it
needs once expertise and a particular special instrument. It is also deals with the study of major crimes
based on the application of special investigative technique.

Crime Scene (defined) — A venue or place where the alleged crime/ incident/ event has been
committed.

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; and 6.why it was committed.
Custodial Investigation - Investigation conducted by law enforcement officers after a person has been
arrested or deprived of his freedom of action. It includes invitation to a person who is being investigated
in connection with an offense.

Miranda Doctrine — A principle on the rights of a suspect from forced self- incrimination during police
interrogation as enshrined in the 1987 Philippine Constitution’s Bill of Rights (Article Ill, Sec. 12).

Combined Task Forces it is necessary for many crimes involving drugs , gangs and terrorism and
multidisciplinary approach, multijurisdictional investigation, metro crime teams and special investigation
units (Hess 1-25 Major Case Task Forces)

Case Officer — The person responsible for and in charge of the investigation of a case.

Case Operational Plan — A definite target-specific activity conducted in relation to an intelligence

project under which it is affected. Several case operations may fall under one intelligence project. Refers
to a preparatory plan on how to carry out a case operation which is the last resort to pursue intelligence
objectives when normal police operations fail.

Probable Cause is a factor or circumstance sufficient to convince a person of normal intelligence that a
suspect was probably involved in a specific crime.

Discussions

Specialized Crime Investigation means a process of applying special equipment and special
expertise; it needs once expertise and a particular special instrument. It is also deals with the study
of major crimes based on the application of special investigative technique. The functions for crime
scene investigators may vary according to the geographic location, the size of the law enforcement
agency, or simply the size and scope of the crime scene. Within larger cities, for example, crime
scene investigators may be hired to perform specific duties, such as DNA or fingerprint collection,
while smaller locations may require crime scene investigators to tackle any number of tasks at a
crime scene. Determine whether or not a crime has been committed.

This may mean identifying the number of Crime Scene Investigator professionals on the scene, the
size of the area, and the extent of the crime scene. Recognizing the scene and the physical evidence
at the scene is crucial as to ensure that the evidence is not compromised in any way and that it can
be identified, processed, and packaged in an organized fashion. This phase of the investigation also
involves identifying the resources and equipment that may be needed and identifying and
addressing any safety concerns or hazards. The next phase involves documenting and processing
the physical evidence. This is done through written notes, diagrams, reports, photographs, and
sketches. This information must be comprehensive, accurate, and factual, as it may be used by
forensic scientists in the laboratory, by law enforcement officials, and in a court of law.
 Review Questions # 1

Name: Sheet Number

Date Taken Result :

Part I- Multiple Choice

Instruction: Choose the best answer. Write the letter on the space provided. If all the options do not fit
the statements, write the correct answer on the blank

1. Refers to a person who is charged with the duty of carrying on the objectives of criminal
investigation, e.g., to identify and locate the suspect and provide evidence of his guilt.

a. Criminal Investigator

b. Private Prosecutor

c. Public Prosecutor

d. None of these
2. The investigation conducted by law enforcement officers after a person has been arrested or
deprived of his freedom of action. It includes invitation to a person who is being investigated in
connection with an offense.

a. Custodial Investigation

b. Preliminary Investigation

c. Crime Scene Investigation

d. All of these

3. It is a process of applying special equipment and special expertise; it needs one’s expertise and a
particular special instrument, and it also deals with the study of major crimes based on the
application of special investigative technique.

a. Special Crime Investigation

b. Case Operational Plan

c. Case build up

d. Crime Scene specialist

4. A venue or place where the alleged crime/ incident/ event has been committed.

a. Crime Scene

b. Case build up

c. Intelligence

d. Detection

5. Is the collection of facts to accomplish a threefold 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: l.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.

a. Investigation

b. Detection

c. Intelligence

d. None of these
Part II- Fill in the blank that corresponds to the correct answer for each number

Miranda Doctrine Investigation

Combined Task Forces Custodial Investigation

Case Officer Special Crime Investigation

Case Operational Plan. Criminal Investigation

Probable Cause Crime Scene

1. _____________ A principle on the rights of a suspect from forced self- incrimination during
police interrogation as enshrined in the 198 7 Philippine Constitution’s Bill of Rights (Article Ill ‘
Sec. 12).

2. _____________It is necessary for many crimes involving drugs, gangs and terrorism and
multidisciplinary approach, multijurisdictional investigation, metro crime teams and special
investigation units.

3. _____________The person responsible for and in charge of the Investigation of a case.

4. ______________A definite target-specific activity conducted in relation to an intelligence

project under which it is affected. Several case operations may fall under one intelligence
project. Refers to a preparatory plan on how to carry out a case operation which is the last
resort to pursue intelligence objectives when normal police operations fail.

5. _______________Is a factor or circumstance sufficient to convince a person of normal

intelligence that a suspect was probably involved in a specific crime.
Part III- Essay

1. In your own understanding explain the purpose of crime scene investigation from the
perspective of forensic science investigators? (20pts)

2. Give some points on the importance of special crime investigation to address the specific
crimes? (20pts)

3. Enumerate the six (6) cardinal points of investigation? (20pts)

4. Give at least (10) primary responsibilities of a Crime Scene Investigator? (20pts)

5. Enumerate the qualities of an Investigator? (20pts)

 CHAPTER II
SPECIALIZED CRIMES RELATED TO PERSON

Learning Objectives
At the end of this chapter the students should be able to;

1. Know the different crimes related to persons such as; murder, homicide, parricide and
infanticide, rape, etc.

2. Familiarize the essential elements of crimes related to persons such as; murder,
homicide, parricide and infanticide, rape, etc.

3. Understand the penalty imposable penalty to the different crimes related to persons
such as; murder, homicide, parricide and infanticide, Rape, etc.

4. Identify the person liable to different crimes related to persons such as; murder,
homicide, parricide and infanticide, rape, etc.

Introduction
The term “crimes against the person” refers to a broad array of criminal offenses which usually involve
bodily harm, the threat of bodily harm, or other actions committed against the will of an individual.
Those involving bodily harm (or the threat thereof) include assault, battery, and domestic violence.
Additionally, offenses such as harassment, kidnapping, and stalking also are considered crimes against
the person.

Murder. Any person who, not falling within the provisions of Art 246, shall kill another, shall be guilty of
murder and shall be punished by reclusion temporal in its maximum period to death, if committed with
any of the following attendant circumstances: Art 248 RPC

Murder (defined) is the unlawful killing of any person which is not parricide or infanticide provided that
any of the following circumstances is present.

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

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

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment of

or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with
the use of any other means involving great waste and ruin;

4. On occasion of any calamities enumerated in the preceding paragraph, or of an earthquake,

eruption of a volcano, destructive cyclone, epidemic, or any other public calamity.

5. With evident premeditation;

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

Elements of Murder

1. That a person was killed.

2. That the accused killed him.

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

4. That the killing is not parricide or infanticide.

Rules for the Application of the Circumstances which qualify the Crime of Murder

1. The murder will exist with only one of the circumstances described in Art 248 (U.S. vs. Labai, 17
Phil. 240) when more than one of the said circumstances are present, the others must be
considered as generic aggravating circumstances. Thus when the killing the victim, the
commission of the crime is attended by: (1) evident premeditation (2) treachery, and (3) price,
reward or promise, only one of them shall qualify the killing to murder and the other shall
considered as generic aggravating circumstances (People vs. Dueno, 90 SCRA 23, where the rule
was applied)

2. That when the other circumstances are absorbed, or include in one qualifying circumstances,
they cannot be considered generic aggravating. Thus, when there ten or more armed captors of
the female victim, and one or some of them shot her at the back, the qualifying of murder is
either treachery, abuse of superior strength, or with the aid of armed men ( People vs.
Remalante, 92 Phil. 48); but if treachery is chosen to qualify the crime , the others are not
generic aggravating circumstances, because they are included in qualifying circumstances of
treachery. (People vs. Sespene, et al 102 Phil. 199)

3. That any of the qualifying circumstances enumerated in Art 248 must be alleged in the
information. ( U.S. vs. Campo, 23 Phil. 369). Thus, even if during the trial the prosecution proves
that the accused killed the deceased with treachery, but treachery is not alleged in the
information, treachery cannot qualify the killing to murder, the crime charged being only
homicide, it is only generic aggravating circumstances.

Homicide. Any person who, not falling within the provisions of art 246 of RPC shall kill another without
the attendance of any circumstances enumerated shall be deemed guilty of homicide and punished by
reclusion temporal Art 249 RPC.

Homicide (define) This is the unlawful killing of any person, which is neither parricide, murder nor
infanticide. Intent to kill is conclusively presumed when death resulted; evidence of intent to kill is
important only in attempted or frustrated homicide.

Elements of Homicide:

1. That the person was killed;

 2. That the accused killed him without any justifying circumstance;

3. That the accused had the intention to kill, which is presumed;

4. That the killing was not attended by any of the qualifying circumstances of murder, or by that
parricide of infanticide.

Accidental Homicide- is the death of a person brought about by a lawful act performed with proper care
and skill and without homicidal intent.

Thus in boxing bout where the game is permitted by law or local ordinance, and all the rules of the game
have been observed, the resulting death or injuries cannot be deemed felonies, since the playing of the
game is lawful. But if the rules have been violated, as foul blow, and death is resulted, the crime would
be homicide through negligence. And if the foul blow is intended for the purpose of killing the
opponent, the crime of intentional homicide is committed.

Corpus Delicti in Crimes Against Persons

Corpus delicti, in modern sense of the term, means the actual commission of the crime charged. ( People
vs. Madrid, 88 Phil. 1 cited in people vs Yee, C.A.,52 0. G. 4298)

Corpus delicti means that a crime was actually perpetrated, and does not refer to the body of the
murdered person. (People vs. Bungay, G.R. No.L-18308 April 30, 1996npp. 834-838)

In all crimes against person in which the death of the victim is an element of the offense, there must be
satisfactory evidence of (1) the fact of death (2) the identity of the victim. Thus, when the body of the
supposed victim who was unknown, could not be located on the bank of the river, the place indicated by
the witness, and there was a possibility that the victim might have been borne away by the current and
might have survived, the fact of death is not sufficiently established. (U.S. vs. Samarin, 1 Phil. 239)

But if the victim is known and could not have been survived, because the evidence shows that his arms
and legs had been tied with a rope and thereafter he had been struck on the head with a piece of wood,
before he was thrown into the sea, even if his body was never found, the corpus delicti was established.
Parricide – any person who shall kill his father , mother, or child, whether legitimate, or illegitimate, or
any of his ascendants or descendants, or his spouse shall be guilty or parricide and shall be punished by
the penalty ranging from reclusion perpetua to death Art 246 RPC (As Amended by R.A. 7659.)

Elements of Parricide
1. That a person is killed.

2. That the deceased is killed by the accused.

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

Essential Elements of Parricide

Relationship of the offender with victim is the essential element of this crime.

Cases of parricide when the penalty shall not be reclusion perpetua to death:

1. Parricide through negligence (Art 365)

2. Parricide by mistake (Art 249)

3. Parricide under exceptional circumstances (Art247)

Death, or Physical Injuries Inflicted under Exceptional Circumstances - Any legally married person
who having surprised his spouse in the act of committing sexual intercourse with another person,
shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them
any serious physical injury, shall suffer the penalty of destierro (Art 247 RPC)

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

These rules shall be applicable, under the same circumstances, to parents with respect to their
daughters under eighteen years of age, and their seducers, while the daughters are living with their
parents. (Art 247 RPC)

Any person who shall promote or facilitate the prostitution of his wife or daughters, or shall
otherwise have consented to the infidelity of the other spouse, shall not be entitled to the benefits
of this article. (Art 247 RPC)
Requisites for the Applications of Art 247 RPC

1. That the legally married person or a parent surprises his spouses or his daughter, the later under
18 years of age and living with him, in the act of committing sexual intercourse with another
person.

2. That he or she kills any or both, of them or inflict upon any or both of them any serious physical
injury in the act or immediately thereafter.

3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or
she has not consented to the infidelity of the spouse.

Penalty for Frustrated Parricide, Murder, or Homicide – The courts, in view of the facts of the case,
may impose upon the person guilty of the frustrated crime of parricide, murder, or homicide,
defined and penalized in the proceeding articles, penalty lower by one degree than that which
should be imposed under the provisions of (Art 50 RPC)

The courts, considering the facts of the case, may likewise reduce by one degree the penalty which
under art 51RPC should be imposed for an attempt to commit any of such crimes.

Death Caused in a Tumultuous Affray- When while several persons, not composing groups
organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and
assault each other in a confused and tumultuous manner, and in the course of the affray someone is
killed, and it cannot be ascertained who actually killed and deceased, but the person or persons who
inflicted , such person or persons shall be punished by prison mayor. (Par 1 Art 251 RPC).

If a person cannot be determined who inflicted the serious physical injuries on the deceased , the
penalty of prison correctional in its medium and maximum periods. Shall be imposed upon all those
who shall have used violence upon the person of the victim. (Par 2 Art 251 RPC).

Elements
1. That there be several persons.
2. That they did not compose groups organized for common purpose of assaulting and attacking
each other reciprocally.

3. That these several persons quarreled and assaulted one another in a confused and tumultuous
manner.

4. That someone was killed in the course of affray.

5. That it cannot be ascertained who actually killed deceased.

6. That the person or persons who inflicted serious physical injuries or who use violence can be
identified.

Tumultuous affray exists when at least four person took part

The word “several’ (in the phrase “when, while several person”) in Art. 251 means more than two
but not very many. The word ‘Tumultuous” as used in Art. 153 means that the disturbance is caused
by more than three persons who are armed or are provided with means of violence.

Persons Liable if Death Results

1. The person or persons who inflicted serious physical injuries are liable (Art. 251 par. 1)

2. If it is not known who inflicted the serious physical injuries on the deceased, all persons who
used violence upon the person victim are liable, but with lesser liability, (Art 251, par.2s)

Someone is killed the course of affray – The person killed in the course of affray need not be one of
the participants in the affray.

Note: At least 4 persons must take part.Persons killed need not be participants therein.If person
who inflicted fatal wound is known, crime is Homicide.

Giving Assistance to Suicide — Any person who shall assist another to commit suicide shall suffer
the penalty of prison mayor, If such person lends his assistance to another to the extent of doing the
killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not
consummated, the penalty of arresto mayor in its medium and maximum periods shall be imposed.
(Art 253 RPC)

Acts punishable as giving assistance to suicide

1. By assisting another to commit suicide, whether the suicide is consummated or not.
 2. By lending his assistance to another to commit suicide to the extent of doing the killing
himself.

Assistance to suicide is different from mercy — killing

Euthanasia commonly known as mercy- killing — is the practice of painlessly putting to death a
person suffering from one incurable decease. Euthanasia is not lending assistance to suicide. In
euthanasia, the person killed does not want to die. A doctor who resorts to mercy-killing of his
patient may liable for murder. (Art 248 RPC).

Infanticide – The penalty providing for parricide in art 248 shall be imposed upon any person who
shall kill any child less than 3 days of age. (Art 255 RPC).

If the crime penalized in this article be committed by the mother of the child for the purpose of
concealing her dishonor, shall suffer the penalty of prison mayor in its maximum periods, and if said
crime be committed for the same purpose by the maternal grandparents or either of them, the
penalty shall be reclusion temporal (As Amended RA No. 7659)

Infanticide (Define) as the killing of any child less than three days old of age, whether the killer is the
parent or grandparent, any other relative of the child, or stranger.

Elements of Infanticide
1. That the child was killed

2. This is the killing of any child less than 3 days (72 hours) of age, whether the killer is the parent
or grandparent, or any other relative of the child, or a stranger

3. That the accused killed the said child

Abortion — willful killing of a fetus in the uterus or violent expulsion of the fetus from the maternal
womb which results to the death of the fetus. It is also the termination of pregnancy by the removal
or expulsion from the uterus of a fetus or embryo before viability.

Intentional Abortion - any person who shall intentionally cause an abortion shall suffer: Art 256 RPC

1. The penalty of reclusion temporal, if he shall use any violence upon the person of the
pregnant woman.
 2. The penalty of prison mayor, if without using violence, he shall act without the consent
of woman.

3. The penalty of prison correctional in its medium periods, if the woman shall have
consented.

Intentional Abortion – This is the willful killing of fetus in the uterus, or the violent expulsion of the
fetus from the maternal womb, which results in the death of fetus.

Ways of Committing Intentional Abortion

i. By using violence upon the person of the pregnant woman

ii. By acting, but without using violence, without the consent of the woman (by
administering drugs/ beverages upon a pregnant without her consent)

iii. By acting, with the consent of the pregnant woman (by administering drugs/
beverages) with consent of the pregnant woman.

Elements of Intentional Abortion

1. That there is a pregnant woman;

2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise
acts upon such pregnant woman;

3. That as a result of the use of violence or drugs or beverages upon her, or any other act of
the accused, fetus dies, either in the womb or after having been expelled therefrom;

4. That the abortion is intended.

Example of abortion by administering abortive

A, believing that the child in the womb of a woman was a sort of fish-demon, gave her a “pocion” made
of herbs. Two hours after, she gave birth to a child three months in advance of the full period of
gestation. (U.S. vs. Boston, 12 Phil. 134)

Person liable for intentional abortion

The person who intentionally caused the abortion is liable under Art. 256. The woman is liable under
Art. 258, if she consented to the abortion caused on her. If she did not consent to the abortion caused
her, she is not liable.
Unintentional Abortion – the penalty shall be prison correctional in its minimum and medium periods
shall be imposed upon any person who shall cause an abortion by violence, but unintentionally. (Art 257
RPC)

Elements Unintentional Abortion

1. That there is a pregnant woman;

2. That the violence is used upon such pregnant woman without intending an abortion.

3. That the violence is intentionally exerted;

4. That as a result of the violence the fetus dies, either in the womb after having been expelled
therefrom.

Unintentional Abortion is committed only by violence

It should be noted that the law employs the word “violence” that is actual physical force. Thus, were a
man points a gun to pregnant woman, at the same time telling her that he will kill her, and because of
the fight she absorbs, she suffers abortion, the offender is guilty of threats only. (Dec. Supreme Court of
Spain of Nov. 30, 1887)

The Violence must be intentionally Exerted

The accused who struck a woman three months pregnant on her hip with a bottle, causing hemorrhage
and miscarriage was held guilty of intentional abortion. (U.S. vs. Jeffrey, 15 Phil. 391) Note that the
violence consisting in striking the pregnant woman with a bottle on the hip was intentionally exerted by
accused.

Physical Injury – Harm done to a child’s psychological or intellectual functioning which may be exhibited
by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of said
behaviors which may be demonstrated by a change in behavior’ emotional response or cognition;

What are the crime of Physical Injuries

They are;

1. Mutilation (Art 262)

 2. Serious Physical Injuries (Art 263)

3. Administering injurious substance or

4. Beverages(Art 264)

5. Less serious physical injuries(Art 265)

6. Slight physical injuries and maltreatment (Art.266)

Mutilation the penalty of reclusion temporal or reclusion perpetua, shall be imposed upon any person
who shall intentionally mutilate another by depriving him, either totally or partially, of some essential
organ for reproductive. (Art. 262)

Mutilation (defined) the term “mutilation” means the lopping or the clipping off of some part of the
body.

The putting out of an eye does not fall under this definition. Thus, when robber stabbed a woman in one
eye, and as a result of the wound thus inflicted she lost the use of the eye, there is no mutilation. ( U.S.
vs. Bogel, 7 Phil. 285)

Two kinds of Mutilation

1. By intentionally mutilating another by depriving him, totally or partially, of some essential organ
for reproduction.

2. By intentionally making other mutilation, that is by lopping or clipping off any part of the body of
the offended party, other than the essential organ for reproduction, to deprive him of that part
of his body.

Elements of mutilation of first kind

1. That there be a castration, that is, mutilation of organs necessary for the generation, such as the
penis or ovarium.

2. That the mutilation is caused purposely and deliberately, that is, to deprive the offended party
of some essential organ for reproduction (Guevarra)

Rape – When and how committed; Rape is committed (Art 266-A)

1. By a man who shall have carnal knowledge of a woman under any of the following
circumstances.

a. Through force, threat or intimidation;

b. When the offended party is deprived of reason or is otherwise unconscious;

 c. By means of fraudulent machination or grave abuse or authority

d. When the offended party is under (12) years of age or is demented, even though none
of the circumstances mentioned above be present.

2. By any person who, under any of the circumstances mentioned in the paragraph 1 hereof, shall
commit an act of sexual assault by inserting penis into another person’s mouth or anal orifice, or
any instrument or object, into the genital organ or anal orifice of another person. (R.n. No. 8353,
October 22, 1997)

Elements of Rape under Paragraph 1

1. That the offender is a man;

2. That the offender had carnal knowledge of a woman;

3. That such act is accomplished under any of the following circumstances

a. Through force, threat or intimidation; or

b. When the woman is deprived of reason or is otherwise unconscious; or

c. By means of fraudulent machination or grave abuse of authority; or

d. When the offended party is under (12) years of age or is demented, even though none
of the circumstances mentioned above be present.

Elements of Rape under Paragraph 2

1. That the offender commits an act of sexual assault;

2. That the act of sexual assault is committed by any of the following means:

a. By inserting his penis into another person’s mouth or anal orifice; or

b. By inserting any instrument or object into the genital or anal orifice of another person;

3. That the act of sexual assault is accomplished under any of the following circumstances:

a. By using for or intimidation; or

b. When the offended party is deprived of reason or is otherwise unconscious; or

c. By means of fraudulent machination or grave abuse or authority; or

 d. When the offended party is under (12) years of age or is demented, even though none
of the circumstances mentioned above be present.

Who can commit rape

Under Republic Act No. 8353, the crime of rape can now be committed by a male or a female. Before its
amendment, rape could be only be committed by a male person.

Penalties (Art 266-B) Rape under paragraph 1 of the Art 266-A shall be punished by reclusion perpetua.

a. Whenever the rape is committed with the use of a deadly weapon or by two or more persons,
the penalty shall be reclusion perpetua to death.

b. When by reason or on the occasion of the rape the victim has become insane, the penalty shall
be reclusion perpetua to death.

c. When rape is attempted and a homicide is committed by reason or on the occasion thereof the
penalty shall be reclusion perpetua to death.’

d. When by reason or on the occasion of the rape, homicide is committed the penalty shall be
death. The death penalty shall be imposed if the crime of rape is committed with any of the
following aggravating/ qualifying circumstances:

1. When the victim is under eighteen (18) years of age and the offender is parent, ascendant, step-
parent, guardian, relative by consanguinity or affinity within the third civil degree, or the
common law spouse of the parent of the victim.

2. When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution.

3. When the rape is committed in the full view of the spouse, parent, any of the children or other
relatives within the third civil degree of consanguinity.

4. When a victim is religious engaged in legitimate religious vacation or calling and is personally
known to be such by the offender before or at the time of the commission of the crime.

5. When the victim is a child below seven (7) years old.

6. When the offender knows bellows that he is afflicted with Human Immune — Deficiency Virus
(HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible decease
and the virus or decease is transmissible to the victim.

7. When committed by any member of the Armed Forces of the Philippines or Para— Military units
thereof or the Philippine National Police or any Law Enforcement Agency of penal institution,
when the offender took advantage of his position to facilitate the commission of crime.
 8. When by reason or on the occasion of the rape, the victim has suffered permanent physical
mutilation or disability.

9. When the offender knew of the pregnancy of the offended party at the time of the commission
of crime.

10. When the offender knew of the mental disability, emotional disorder and/or physical handicap
of the offended party at the time of the commission of the crime.

Rape under paragraph 2 of Art 266-A shall be punished by prison mayor.

a. Whenever rape is committed with the use of deadly weapon or by two or more persons,
the penalty shall be prison mayor to reclusion temporal.

b. When rape is attempted and a homicide is committed by reason or on the occasion

thereof, the penalty shall be reclusion temporal to reclusion perpetua.

c. When by reason or on occasion of the rape, homicide is committed, the penalty shall
reclusion perpetua.

d. Reclusion temporal shall also be imposed if the rape is committed by any of the ten
aggravating circumstances mentioned in this article (RA 1\10.8353)

Effect of Pardon (Art 266-C) The subsequent valid marriage between the offender and the offended
party shall extinguish criminal action or the penalty imposed.

In case the legal husband who is the offender, the subsequent forgiveness by the wife as the offended
party shall extinguish criminal action or the penalty: provided, that crime shall not be extinguish or the
penalty shall not be abated if the marriage be void abinitio (RA No.8353)

Presumptions (Art 266-D) Any physical overt act manifesting resistance against the act of rape in any
degree from the offended party, or where the offended party is so situated as to render her/him
incapable Of giving valid consent, may be accepted as evidence in the prosecution of the acts punished
under article Art 266A (RA No.8353)
Discussions

The term “crimes against the person” refers to a broad array of criminal offenses which usually involve
bodily harm, the threat of bodily harm, or other actions committed against the will of an individual.
Those involving bodily harm (or the threat thereof) include assault and domestic violence. Additionally,
offenses such as harassment, kidnapping, and stalking also are considered crimes against the person.

This chapter explains the different provisions of criminal law such as; Murder, Homicide, parricide and
infanticide, Rape, etc. Like for instance in Murder. Any person who, not falling within the provisions of
art 246, shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its
maximum period to death, if committed with any of the following attendant circumstances: Art 248 RPC
the following circumstances is present.

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

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

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment of

or assault upon a street car or locomotive, fall ok an airship, by means of motor vehicles, or wit
the use of any other means involving great waste and ruin;

4. On occasion of any calamities enumerated in the preceding paragraph, or of an earthquake,

eruption of a volcano, destructive cyclone, epidemic, or any other public calamity.

5. With evident premeditation;

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, outraging or
scoffing at his person or corpse.
 Review Questions # 2

Name: Sheet Number

Date Taken Result

Part I- Multiple Choice

Instruction: Choose the best answer. Write the letter on the space provided. If all the options do
not fit the statements, write the correct answer on the blank.

_____ 1. This is the unlawful killing of any person which is not parricide or infanticide.

a. Murder

b. Homicide

c. Infanticide

d. Parricide

______ 2. The “Mercy Killing” practice of painlessly putting to death a person suffering from
some incurable disease.

a. Euthanasia c. Abortion

b. Homicide d. Parricide

______ 3. It is the death of a person brought about by lawful act performed with proper care
and skill and without homicidal intent.

a. Accidental Homicide

b. Homicide

c. Infanticidal

d. Parricidal
 ______ 4. The killing of any child less than 3 days ( hours) of age, whether the killer is the parent
grandparent, or any other relative of the chi or a stranger.

a. Murder

b. Homicide

c. Infanticide

d. Parricide

______ 5. The willful killing of the fetus in the uterus, or the violent expulsion of the fetus from
the maternal womb, which results in the death of the fetus.

a. Intentional Abortion c. Abortion

b. Infanticide. d. Malice

______ 6. When the killing is committed “by reason or on occasion” of the rape.

a. Rape with Murder

b. Rape with Homicide

c. Murder with Rape

d. Homicide with Murder

Part II- DEFINITION

Instruction: Define the following and enumerate the essential elements of murder and parricide.

 Murder

Essential Elements

1.

2.

3.

4.

5.
 Homicide

Essential Elements

1.

2.

3.

4.

5.

 Parricide

Essential Elements

1.

2.

3.

4.

5.

 Infanticide

Essential Elements

1.

2.

3.
 4.

5.

 Rape

Essential Elements

1.

2.

3.

4.

5.

Part III- Essay

1.In your own understanding explain who are the person liable for the following crime;

 Murder

 Homicide

 Parricide

 Infanticide

 Rape

2.Explain the imposable penalty to the following

 Murder

 Homicide

 Parricide

 Infanticide

 Rape