C R I M E L

PE C I A L H L E G A
S N W I T
T I G AT I O
I N V E S
D I CI N E
M E
K A R O L I N A E R I K A A . B U T E D ,
R C R I M , C C S , T O P 5 , D E C 2 0 2 1 C L E
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CRIME
Is an act or the commission of an act that
is forbidden or the omission of a duty that
is commanded by a public law and that
makes the offender liable to punishment
by that law.
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CRIME
It is an action or activity that violates a
particular law subject to investigation by the
law enforcement, prosecution of the
prosecutor and adjudication by the court.
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Special Crime Investigation- deals with the study

of major crimes based on the application of
special investigative techniques. It is also the
study concentrates more on physical evidence;
it’s collection, handling, identification and
preservation in coordination with the various
criminalists in the crime laboratory.
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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

The emphasis is on physical evidence rather than an extra-

judicial confession.
Special crime investigation focuses on specific crimes which
by their nature are difficult and complex to investigate
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A.HOMICIDE INVESTIGATION

It is the official inquiry made by the police on the facts and

circumstances surrounding the death of the person which
is expected to be criminal or unlawful
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Homicide Investigation has three bridges which shall not be

crossed; otherwise it will compromise the investigation and
these are the following;
• The first bridge is the body has been moved.
• The second bridge is when the cadaver has been
embalmed.
• The third bridge is when the dead person is burned o
cremated.
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Responsibilities of a Homicide Investigator:

1. When called upon to investigate violent death, he stands

on the dead man’s shoes to produce his instincts against
those suspects.
2. The enthusiasm and intelligence the investigator brings in
the case marks the difference between a murderer being
convicted and set free.
3. If he interprets a criminal death as accidental or natural, a
guilty person is set free.
4. Remember that the police is the first line of defense in
the effective application of criminal justice.
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A. The Four Types of Death are:

• Natural Natural causes of death include heart attacks,

strokes, fatal diseases, pneumonia, sudden crib deaths and
old age.

• Accidental Among the causes of accidental death are falling;

drowning; unintentionally taking too many pills or ingesting a
poisonous substance; entanglement in industrial or farm
machinery; or involvement in an automobile, boat, train, bus
or plane crash.

• Suicide The intentional taking of one’s own life

• Homicide: Occurs when one human being causes the death of

another human being. Is another term for the killing of one
person by another.
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Homicide – the killing of a human being by another human being.

Sororicide – the killing of one’s sister.
Fratricide – the killing of one’s brother.
Matricide – the killing of a mother by her own child.
Patricide – the killing of a father by his own child.
Parricide – the killing of a person to whom he is related such as parent,
grandparent, legal wife, child or grandchild.
Infanticide – the killing of a child which is less than three days old.
Suicide – taking one’s own life intentionally and voluntarily.
Uxoricide – act of one who murders his wife.
Regicide – the murder or killing of a king.
Vaticide – the murder of a prophet.
Aborticide – the killing of the fetus inside the womb which is also
called
“ABORTION”
m. Euthanasia – Mercy killing or painless death of a person suffering
from incurable disease to cut short his suffering. This is murder with
the qualifying aggravating circumstance of treachery.
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A. TITLE EIGHT
CRIMES AGAINST
PERSON
(Destruction of Life)
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A. ARTICLE 246 - PARRICIDE

Parricide is committed when:

A person is killed
The deceased is killed by the accused
The deceased is the father, mother, or child,
whether legitimate or illegitimate; a legitimate
other ascendant or descendant; or legitimate
spouse of the accused. (People v. Malabago,
G.R. No. 115686, December 2, 1992)
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A. ARTICLE 246 - PARRICIDE

Parricide is based on the relationship of the

offender and the offended. The relationship
must be: (LDB)
• Legitimate except in case of parent and child where
relationship may either be legitimate or illegitimate.
• In the Direct line or between ascendants and
descendants. There is no parricide in the killing of
brothers and sisters because the relationship is
collateral.
• By Blood except for spouse. Thus, there is no parricide
in the killing between adopter and adopted, or
between step-parent and step child because the
relationship is not by blood.
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1. The relationship of the offender with the

victim is the essential element of the felony

2. Parents and children are not included in

the term “ascendants” or “descendants”

3. The other ascendant or descendant must

be legitimate. On the other hand, the father,
mother or child may be legitimate or
illegitimate.
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• * If the offender and the offended party,

although related by blood and in the direct
line, are separated by an intervening
illegitimate relationship, parricide can no
longer be committed.
• The illegitimate relationship between the
child and the parent renders all relatives after
the child in the direct line to be illegitimate
too.

• * The only illegitimate relationship that can

bring about parricide is that between parents
and illegitimate children as the offender and
the offended parties.
•
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Andeng is the parent of Gureng (illegitimate daughter).

Gureng married Carlo and they begot a legitimate child
Kitty. if Kitty, (daughter of Gureng and Carlo), would kill
Andeng (grandmother), what crime is committed by Kitty?

A. Parricide

B. Murder

C. Homicide

D. Infanticide
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4. The child should not be less than 3 days old. Otherwise,

the offense is infanticide

* That the mother killed her child in order to conceal her

dishonor is not mitigating. This is immaterial to the crime
of parricide, unlike in the case of infanticide. If the child is
less than three days old when killed, the crime is
infanticide and intent to conceal her dishonor is
considered mitigating.
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FACTS: A mother asked her brother to kill her child and he

did. If the child is less than three days old the mother and
her brother are guilty of-

A. Parricide

B. Murder

C. Homicide

D. Infanticide
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FACTS: A mother asked her brother to kill her child and he

did. If the child is three days old the mother is liable for-

A. Parricide

B. Murder

C. Homicide

D. Infanticide
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KZ with evident premeditation and

treachery killed his father TJ. What was the
crime committed by KZ?

A. Murder
B. Parricide
C. Homicide
D. Qualified homicide
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A person killed his live in partner by means

of poison is guilty of what crime?

a. Parricide
b. Murder
c. Infanticide
d. Homicide
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• 5. Relationship must be alleged.

• * In killing a spouse, there must be a valid subsisting marriage at the
time of the killing. Also, the information should allege the fact of
such valid marriage between the accused and the victim.
•
• * In a ruling by the Supreme Court, it was held that if the information
did not allege that the accused was legally married to the victim, he
could not be convicted of parricide even if the marriage was
established during the trial. In such cases, relationship shall be
appreciated as generic aggravating circumstance.
•
• * The Supreme Court has also ruled that Muslim husbands with
several wives can be convicted of parricide only in case the first wife
is killed. There is no parricide if the other wives are killed although
their marriage is recognized as valid. This is so because a Catholic
man can commit the crime only once. If a Muslim husband could
commit this crime more than once, in effect, he is being punished
for the marriage which the law itself authorized him to contract.
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• 6. A stranger who cooperates in committing parricide is

liable for murder or homicide.

• * Since parricide is a crime of relationship, if a stranger

conspired in the commission of the crime, he cannot be held
liable for parricide. His participation would make him liable
for murder or for homicide, as the case may be. The rule of
conspiracy that the act of one is the act of all does not apply
here because of the personal relationship of the offender to
the offended party.
•
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• FACTS: ANNA spouse of BERTO, conspires with CARLO to kill

BERTO. CARLO is the stranger in the relationship. CARLO killed
BERTO with treachery. The means employed is made known to
ANNA and ANNA agreed that the killing will be done by poisoning.

• ANNA IS LIABLE FOR?

• A. Homicide B. Parricide C. Murder D. Infanticide

• BERTO IS LIABLE FOR?

• A. Homicide B. Parricide C. Murder D. None
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• 7. Even if the offender did not know that the person he had
killed is his son, he is still liable for parricide because the law
does not require knowledge of the relationship
•
• * Article 365 expressly provides that parricide can be
committed through reckless imprudence. The penalty will not
be under Article 246 but under Article 365.
•
• * Similarly, parricide can be committed by mistake. This is
demonstrated in a situation where a person wanting to kill a
stranger, kills his own father by mistake. Although the crime
committed is parricide, the offender will not be punished
under Article 246 but under Article 49, which prescribes a
penalty much lower than that provided under Article 246.
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• Parents killing their Children or vise-

versa– Child/parents may be
legitimate/illegitimate
• Spouse killing the other spouse– Their
relationship must always be legitimate
• Killing of other descendants or
ascendants– their relationship must
always be legitimate
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• ARTICLE 247. Death or Physical Injuries Inflicted

under Exceptional Circumstances
• A legally married person or parent surprises his
spouse or daughter (the latter must be under 18 and
living with them) in the act of committing sexual
intercourse with another person

• He/she kills any or both of them or inflicts upon any or

both of them any serious physical injury in the act or
immediately thereafter.
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• Notes:
• *1. Article does not define or penalize a felony.
• * Article 247, far from defining a felony merely
grants a privilege or benefit, more of an exempting
circumstance as the penalty is intended more for
the protection of the accused than a punishment.
Death under exceptional character can not be
qualified by either aggravating or mitigating
circumstances.
•
• * If the accused fails to establish the
circumstances called for in Article 247, he/she will
be guilty of Parricide and Murder or Homicide if the
victims were killed.
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• 2. Not necessary that the parent be legitimate

•
• 3. Article applies only when the daughter is single
•
• * If the offender surprised a couple in sexual intercourse, and
believing the woman to be his wife, killed them, this article
may be applied if the mistake of facts is proved.

• * The benefits of this article do not apply to the person who

consented to the infidelity of his spouse or who facilitated the
prostitution of his wife.
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• 4. Sexual intercourse does not include preparatory acts

• 5. IMMEDIATELY THEREAFTER: means that the

discovery, escape, pursuit and the killing must all form
parts of one continuous act.

• 6. No criminal liability is incurred when less serious or

slight physical injuries are inflicted. The principle that
one is liable for the consequences of his felonious act is
not applicable because he is not committing a felony
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• A and B are husband and wife, while working as

security guard of Landbank, A felt sick one night and
decided to go home around midnight and saw B having
sexual intercourse with a neighbor C. A grabbed C and
hacked the latter to death. As Criminologist-Investigator
what crime if any would you charged against A?
• a. Homicide c. Parricide
• b. Murder d. None because A is
exempted from criminal liability
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• * A person who acts under Article 247 is not

committing a crime. Since this is merely an exempting
circumstance, the accused must first be charged with:
•
• (1) Parricide – if the spouse is killed;
•
• (2) Murder or homicide – depending on how the
killing was done insofar as the paramour or the
mistress is concerned;
•
• (3) Homicide – through simple negligence, if a third
party is killed;
•
• (4) Physical injuries – through reckless imprudence,
if a third party is injured.
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• * If death results or the physical injuries are serious,

there is criminal liability although the penalty is only
destierro. The banishment is intended more for the
protection of the offender rather than a penalty.
•
• * If the crime committed is less serious physical injuries
or slight physical injuries, there is no criminal liability.
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• ARTICLE 248 – MURDER

• Murder is the killing of another attended by a qualifying

circumstances

• A.) That the killing was attended by any of the following

qualifying circumstances
•
• 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
• There is treachery when the offender commits any of the crimes
against the person employing means, methods or forms in the
execution thereof that tend directly and especially to insure its
execution without risk to himself arising from the defense which
the offended party might make.
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• * Killing a person with treachery is murder even if there is no

intent to kill. (People vs. Cagoco, 58 Phil. 530)

• If the offender may have not intended to kill the victim but he
only wanted to commit a crime against him in the beginning, he
will still be liable for murder if in the manner of committing the
felony there was treachery and as a consequence thereof the
victim died. This is based on the rule that a person committing a
felony shall be liable for the consequences thereof although
different from that which he intended.
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• in consideration of price, reward or promise

• 2. In consideration of price, reward or promise

• 3. by means of inundation, fire, poison, explosion, shipwreck,

stranding of vessel, derailment or assault upon a street car or
locomotive, fall of airship, by means of motor vehicles or with
the use of any other means involving great waste or ruin.

• The only problem insofar as the killing by fire is concerned is

whether it would be arson, or murder.
•
• When a person is killed by fire, the primordial criminal intent of
the offender is considered.
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• 4.on occasion of any of the 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 inhumanely augmenting the

suffering of the victim or outraging or scoffing at his person or
corpse .

•
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• The following are holdings of the Supreme Court with respect to the
crime of murder:
•
• (1) Killing of a child of tender age is murder qualified by
treachery because the weakness of the child due to his tender age
results in the absence of any danger to the aggressor.
• (2) Evident premeditation is absorbed in price, reward or
promise, if without the premeditation the inductor would not have
induced the other to commit the act but not as regards the one
induced.
• (3) Treachery is inherent in poison.
• (4) Where one of the accused, who were charged with murder,
was the wife of the deceased but her relationship to the deceased
was not alleged in the information, she also should be convicted of
murder but the relationship should be appreciated as aggravating.
• (5) Killing of the victims hit by hand grenade thrown at them is
murder qualified by explosion not by treachery.
•
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• Article 255. INFANTICIDE

Committed by any person who shall kill any child less than three days
of age (less than 72 hours).

NOTES:
* When the offender is the father, mother or legitimate ascendant, he shall
suffer the penalty prescribed for parricide. If the offender is any other
person, the penalty is that for murder. In either case, the proper
qualification for the offense is infanticide.

* Even if the killer is the mother or the father or the legitimate

grandparents, the crime is still Infanticide and not Parricide. The penalty
however, is that for Parricide.

ILLUSTRATION: An unmarried woman, A, gave birth to a child, B. To conceal

her dishonor, A conspired with C to dispose of the child. C agreed and killed
the child B by burying the child somewhere.

either case, the proper qualification for the offense is infanticide

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• It is violent expulsion of human fetus from the maternal womb which

result in death.
a. Infanticide
• b. Abortion
• c. Murder
• d. Parricide
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• A mother delivered an offspring which had an intra-uterine

life of seven months. after the umbilical cord is cut,
immediately the child was killed by the mother. What was the
crime committed by the mother?
• a. Infanticide b. Abortion c. Parricide d. No crime
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ARTICLE 249 – HOMICIDE

Homicide is the killing of any person which does not

constitute parricide, murder or infanticide and is not
attended by any justifying circumstance
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• Notes:

• * Homicide is the unlawful killing of a person not

constituting murder, parricide or infanticide.

• * Intent to kill is conclusively presumed when death

resulted. Hence, evidence of intent to kill is required
only in attempted or frustrated homicide

• In attempted or frustrated homicide, there is intent to

kill.
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Considered to be the beginning of any homicide investigation

is:

A. Process of establishing the accurate cause of death

B. Process of determining who is responsible for the death
C. Process of determining how the victim was killed
D. Process of determining when the victim was killed
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RAPE
Important Provisions of RA 8353 (Anti Rape Law of 1997)

What Constitute Rape?

1.Rape is committed under the following
circumstances: a man has sexual intercourse
with a woman; through force, threat or
intimidation; when deprived of reason or is
unconscious; through fraudulent machination
or grave abuse of authority and when the
victim is under 12 years of age or is
demented, even if none of the above
conditions are present.
2.Any person who under any of the above
conditions, commits an act of sexual assault
through oral or anal sex or by inserting an
instrument or object into the anal or genital
orifice of another person.
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Who can be raped?

Anyone can be a rape victim but the incidence of rape is
more rampant in women and
girls.

Who can commit rape?

Since anyone can be a victim of rape therefore, any man
or woman may be held liable for rape. It is possible that a
man may rape his own wife, an act deemed as “marital
rape”. The penalty for rape in general may apply on the
offender who commits marital rape
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How is the crime be punished?

The penalty varies depending on the act itself and the circumstances
surrounding it. Reclusion Perpetua (imprisonment from 20-40 years)
is imposed on the offender if rape is committed through sexual
intercourse. Prision mayor (imprisonment from 6-12 years of
imprisonment) is imposed on the offender if rape was committed
through oral or anal
sex or through the use of any object or instrument that was inserted
into the mouth or anal orifice of a woman or a man. This may be
elevated to reclusion temporal (12-20 years of imprisonment) or
reclusion perpetua depending on the circumstances surrounding the
crime.
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Statutory Rape
When the offended party is under sixteen years of age or
is demented, even though none of the circumstances
mentioned above be present: Provided, That there shall
be no criminal liability on the part of the person having
carnal knowledge of another persons under sixteen years
of age when the age difference between the parties is
not more than 3 years, and the sexual act in question is
proven to be consensual, non-abusive, and non-
exploitative. Provided further, that if the victim is under
12 years if age, this exception shall not apply.
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Evidence in the Investigation of Rape

• Panty or other clothing of the victim.
• Physical examination of the victim to determine signs of force
such injuries or the presence of seminal fluids inside her organ.
• Detached pubic hairs of the victim and suspect.
• Physical examination of the suspect and the examination of his
clothing.
• Relevant matters at the scene of the crime.
• Testimonies of witnesses if there is any. Written complaint of
• the victim.
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THEFT AND ROBBERY INVESTIGATION

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ARTICLE 293 ROBBERY

Who are guilty of Robbery?

Any person who, with intent to gain, shall take any

personal property belonging to another, by means of
violence against, or intimidation of any person, or by
using force upon anything, shall be guilty of robbery.
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TWO TYPES OF ROBBERY

1. Force upon things; and
2. Intimidation against or violence upon persons
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NOTES:

• Belonging to another – person from whom property was taken need not be the
owner, legal possession is sufficient.

• * The property must be personal property and cannot refer to real property.
Taking of personal property – must be unlawful; if given in trust – estafa

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

As to robbery with force upon things – thing must be taken out of the building.
Taking of personal property – must be unlawful;
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* Violence or intimidation must be against the person of the

offended party, not upon the thing.

General rule: violence or intimidation must be present before

the “taking” is complete.
Except: when violence results in – homicide, rape, intentional
mutilation or any of the serious physical injuries in par 1 and
2 of art 263, the taking of the property is robbery complexed
with any of these crimes under art 294, even if taking is
already complete when violence was used by the offender.
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• * The other kind of robbery is one that is committed with the use
of force upon anything in order to take with intent to gain, the
personal property of another. The use of force here must refer to
the force employed upon things in order to gain entrance into a
building or a house. (People vs. Adorno, C. A. 40 O. G. 567).

• Use of force upon things – entrance to the building by means

described in arts 299 and 302 (offender must enter).

• * When both violence or intimidation and force upon things concur

– it is robbery with violence.
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• Robbery and Theft, compared.

• 1. Both robbery and theft involve unlawful taking or asportation
as an element;

• 2. Both involve personal property belonging to another;

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

• 4. In robbery, the taking is done either with the use of violence or

intimidation of person or the employment of force upon things;
whereas in theft, the taking is done simply without the knowledge
and consent of the owner.
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• FORCE UPON THINGS

• (a) The malefactors shall enter the house or building in which the
robbery was
• committed, by any of the following means:
• 1. Through an opening not intended for entrance or egress.
• 2. By breaking any wall, roof, or floor or breaking any door or window.
• 3. By using false keys, picklocks or similar tools.
• 4. By using any fictitious name or pretending the exercise of public
authority.
• Or if -
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• NOTES:

• * In this kind of Robbery, no violence or intimidation against persons is

ever used.

• * Important for robbery by use of force upon things, it is necessary that

offender enters the building or where object may be found. NO ENTRY,
NO ROBBERY

• * In the absence of evidence to show how bandits effected an entrance

into the convent which they robbed, there can be no conviction under this
article. The act would be treated as Theft. ( U.S. vs. Callotes, 2 PHIL 16 )
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
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"FORCE UPON THINGS" has a technical meaning in law. Not any kind of
force upon things will characterize the taking as one of robbery. The force
upon things contemplated requires some element of trespass into the
establishment where the robbery was committed. In other words, the
offender must have entered the premises where the robbery was
committed. If no entry was effected, even though force may have been
employed actually in the taking of the property from within the premises, the
crime will only be theft.

* The term force upon things has a legal meaning. It means the employment
of force to effect entrance into the house or building by destroying the door,
window, roof, wall or floor of the aforesaid house or building. In other
words, the force upon things has no reference to personal property but to a
house or building which is ordinarily classified as real property.

Place: house or building; not car

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• * Entrance is necessary – mere insertion of hand is not enough

(whole body); not to get out but to enter – therefore, evidence to
such effect is necessary
• * Modes of entering that would give rise to the crime of robbery
with force upon things if something is taken inside the premises:
entering into an opening not intended for entrance or egress,
under Article 299 (a).
• Illustration:
• If the entering were done through the window, even if the
window was not broken, that would characterize the taking of
personal property inside as robbery because the window is not an
opening intended for entrance.
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• Illustration:
• On a sari-sari store, a vehicle bumped the wall. The wall collapsed.
There was a small opening there. At night, a man entered through that
opening without breaking the same. The crime will already be robbery
if he takes property from within because that is not an opening intended
for the purpose.

• * Not robbery – passing through open door but getting out of a window

• * If accused entered the house through a door, and it was while escaping
that he broke any wall, floor or window after taking personal property
inside the house – there is no Robbery committed, only Theft.
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FALSE KEYS – genuine keys stolen from the owner or any keys other
than those intended by the owner for use in the lock

• * False key – used in opening house and not furniture inside,

otherwise, theft (for latter to be robbery., must be broken and not
just opened).

• * Use of picklocks or false keys refers to the entering into the

premises – If the picklock or false key was used not to enter the
premises because the offender had already entered but was used
to unlock an interior door or even a receptacle where the valuable
or personal belonging was taken, the use of false key or picklock
will not give rise to the robbery with force upon things because
these are considered by law as only a means to gain entrance, and
not to extract personal belongings from the place where it is being
kept.
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* When the robbery is committed in a house which is inhabited, or in a

public building or in a place devoted to religious worship, the use of
fictitious name or pretension to possess authority in order to gain entrance
will characterize the taking inside as robbery with force upon things.

* If A and B told the occupant of the house that they were the nephews of
the spouse of the owner of the house, and because of that, the closed
door was opened, or that they were NBI agents executing a warrant of
arrest, and so the occupant opened the door, any taking personal property
thereat with intent to gain, would be Robbery.
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(b) The robbery be committed under any of the

following circumstances:
1. By the breaking of doors, wardrobes, chests, or any
other kind of locked or sealed furniture or receptacle;
2. By taking such furniture or objects to be broken or
forced open outside the place of the robbery.
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Mr. magnanakaw enter the house of Mr. Datu through an open

door, he took the chest inside the cabinet and he used a false key
to open the chest, And took the jewelry and thereafter Mr.
Magnanakaw getting out through the window to escape.
What is the crime committed by Mr.Magnanakaw?
Tresspass to dwelling
B. Robbery
C. Theft
D. No crime
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VIOLENCE OR INTIMIDATION UPON PERSON

• Hold – ups are included in this category.
• Snatching of handbags or jewelries are considered under this
category. If the victim puts resistance and violence is applied by
the robber.
• The violence or intimidation is directed against the person who is
the owner of the property
• Poking a gun or other deadly weapon on the victim to rob his
personal property are some forms of intimidation.
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NOTES:

• ROBBERY WITH HOMICIDE –

• -if original design is robbery and homicide is committed – robbery
with homicide even though homicide precedes the robbery by an
appreciable time.

• -If original design is not robbery but robbery was committed after
homicide as an afterthought – 2 separate offenses. e.

• -Still robbery with homicide – if the person killed was an innocent

bystander and not the person robbed and if death supervened by
mere accident.
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* If death results or even accompanies a robbery, the crime will be

robbery with homicide provided that the robbery is consummated.

* As long as the criminal objective or plan is to rob, whether the

killing committed by reason or on occasion thereof is intentional or
accidental, the crime is Robbery with Homicide. ( Pp vs. Pecato,
151 scra 14 ) As long as there was killing when Robbery was taking
place, Robbery with Homicide was committed, the killing occurring
on the occasion thereof.
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• Problem:
• A, B, C and D robbed a bank. When they were
about to flee, policemen came, and they traded shots
with them. If one of the policemen was killed, the
offense is _______, If one of the robbers was the one
killed, the remaining robbers shall be charged also with
_________. If a bank employee was the one killed
either by the robbers or by the policemen in the course
of the latter’s action of arresting or trying to arrest the
robbers, the crime is ________.
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• * As long as the criminal intent is to rob, that is,

robbery was the real motive, the offense would still be
classified as Robbery with Homicide even if the killing
preceded or was done ahead of the robbing. (People
vs. Tolentino, 165 SCRA).

• * Thus, as a member of the “agaw-armas” gang whose

plan and design is to rob a policeman of his service
revolver, but because he fears that said policeman may
beat him to the draw, first shoots the policeman fatally
and only after when the latter lies dead, does he get
the gun – the crime is still considered Robbery with
Homicide.
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• * As long as there is only one (1) robbery, regardless of the

persons killed, the crime will only be one (1) count of robbery with
homicide. The fact that there are multiple killings committed in
the course of the robbery will be considered only as aggravating so
as to call for the imposition of the maximum penalty prescribed by
law.

• If, on the occasion or by reason of the robbery, somebody is killed,

and there are also physical injuries inflicted by reason or on the
occasion of the robbery, don’t think that those who sustained
physical injuries may separately prosecute the offender for
physical injuries. Those physical injuries are only considered
aggravating circumstances in the crime of robbery with homicide.
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
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• * The term “homicide” is used in the generic sense, and the

complex crime therein contemplated comprehends not only
robbery with homicide in its restricted sense, but also with
robbery with murder. So, any kind of killing by reason of or on the
occasion of a robbery will bring about the crime of robbery with
homicide even if the person killed is less than three days old, or
even if the person killed is the mother or father of the killer, or
even if on such robbery the person killed was done by treachery
or any of the qualifying circumstances. In short, there is no crime
of robbery with parricide, robbery with murder, robbery with
infanticide – any and all forms of killing is referred to as homicide.
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
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• Illustration:

• The robbers enter the house. In entering through the window,

one of the robbers stepped on a child less than three days old.
The crime is not robbery with infanticide because there is no such
crime. The word homicide as used in defining robbery with
homicide is used in the generic sense. It refers to any kind of
death.

• * Although it is a crime against property and treachery is an

aggravating circumstance that applies only to crimes against
persons, if the killing in a robbery is committed with treachery, the
treachery will be considered a generic aggravating circumstance
because of the homicide.
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• * In robbery with homicide as a single indivisible offense, it is

immaterial who gets killed. Even though the killing may have
resulted from negligence, you will still designate the crime as
robbery with homicide.

• Illustration:

• On the occasion of a robbery, one of the offenders placed his

firearm on the table. While they were ransacking the place, one
of the robbers bumped the table. As a result, the firearm fell on
the floor and discharged. One of the robbers was the one killed.
Even though the placing of the firearm on the table where there is
no safety precaution taken may be considered as one of
negligence or imprudence, you do not separate the homicide as
one of the product of criminal negligence. It will still be robbery
with homicide, whether the person killed is connected with the
robbery or not.
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• * In one case, in the course of the struggle in a house

where the robbery was being committed, the owner of
the place tried to wrest the arm of the robber. A
person several meters away was the one who got killed.
The crime was held to be robbery with homicide.

• * Note that the person killed need not be one who is

identified with the owner of the place where the
robbery is committed or one who is a stranger to the
robbers. It is enough that the homicide was committed
by reason of the robbery or on the occasion thereof.
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• Illustration:
•
• There are two robbers who broke into a house and carried away
some valuables. After they left such house these two robbers
decided to cut or divide the loot already so that they can go of
them. So while they are dividing the loot the other robber noticed
that the one doing the division is trying to cheat him and so he
immediately boxed him. Now this robber who was boxed then
pulled out his gun and fired at the other one killing the latter.
Would that bring about the crime of robbery with homicide? Yes.
Even if the robbery was already consummated, the killing was still
by reason of the robbery because they quarreled in dividing the
loot that is the subject of the robbery.
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
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• * In People v. Domingo, 184 SCRA 409, on the occasion of the

robbery, the storeowner, a septuagenarian, suffered a stroke due
to the extreme fear which directly caused his death when the
robbers pointed their guns at him. It was held that the crime
committed was robbery with homicide. It is immaterial that death
supervened as a mere accident as long as the homicide was
produced by reason or on the occasion of the robbery, because it
is only the result which matters, without reference to the
circumstances or causes or persons intervening in the commission
of the crime which must be considered.

• * If the motive is to kill and the taking is committed thereafter, the

crimes committed are homicide and theft. If the primordial intent
of the offender is to kill and not to rob but after the killing of the
victims a robbery was committed, then there are will be two
separate crimes.
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• Illustration:
•
• If a person had an enemy and killed him and after killing him, saw
that he had a beautiful ring and took this, the crime would be not
robbery with homicide because the primary criminal intent is to
kill. So, there will be two crimes: one for the killing and one for
the taking of the property after the victim was killed. Now this
would bring about the crime of theft and it could not be robbery
anymore because the person is already dead.

• * For robbery with homicide to exist, homicide must be committed

by reason or on the occasion of the robbery, that is, the homicide
must be committed “in the course or because of the robbery.”
Robbery and homicide are separate offenses when the homicide is
not committed “on the occasion” or “by reason” of the robbery.
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
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•
Robbery with homicide need not be committed inside a building.
What constitutes the crime as robbery with homicide is the killing
of a person on the occasion or by reason of the taking of personal
property belonging to another with intent to gain.

• * In People vs. Macalalad, 9 Phil. (1907), the Supreme Court ruled

that whenever homicide is committed as a consequence or on the
occasion of a robbery, all those who took part in the commission
of the robbery are guilty as principals in the crime of robbery with
homicide unless it appears that the principal claiming innocence in
the killing, has attempted or tried to prevent the killing. The
burden of proving the attempt to prevent others from killing the
victim rests on the co-principal of the crime who makes such
assertion or claim.
•
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• * The same principle has been applied by the Supreme Court

where the crime committed is robbery accompanied by rape. The
criminal liability of the person or persons who took no part in the
commission of the rape which accompanied the robbery is the
same as the robber or robbers who actually committed the rape
unless the robber or robbers claiming innocence of the rape had
endeavored to prevent the commission of the rape.
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• ROBBERY WITH RAPE –

• * intent to commit robbery must precede rape.

• When rape and homicide co-exist, rape should be considered as

aggravating only and the crime is still robbery with homicide...

• * The intention must be to commit robbery and even if the rape is

committed before the robbery, robbery with rape is committed.
But if the accused tried to rape the offended party and because of
resistance, he failed to consummate the act, and then he snatched
the vanity case from her hands when she ran away, two crimes are
committed: attempted rape and theft.
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
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• * In People v. Dinola, 183 SCRA 493, it was held

that if the original criminal design of the
accused was to commit rape and after
committing the rape, the accused committed
robbery because the opportunity presented
itself, two distinct crimes – rape and robbery
were committed – not robbery with rape. In
the latter, the criminal intent to gain must
precede the intent to rape.
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
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• On ROBBERY WITH PHYSICAL INJURIES

•
• To be considered as such, the physical injuries must always be
serious. If the physical injuries are only less serious or slight, they
are absorbed in the robbery. The crime becomes merely robbery.

• But if the less serious physical injuries were committed after the
robbery was already consummated, there would be a separate
charge for the less serious physical injuries. It will only be
absorbed in the robbery if it was inflicted in the course of the
execution of the robbery. The same is true in the case of slight
physical injuries.
•
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• Illustration:

• After the robbery had been committed and the robbers were
already fleeing from the house where the robbery was committed,
the owner of the house chased them and the robbers fought back.
If only less serious physical injuries were inflicted, there will be
separate crimes: one for robbery and one for less serious physical
injuries.

• even though the physical injuries were inflicted upon one of the
robbers themselves, and even though it had been inflicted after
the robbery was already consummated, the crime will still be
robbery with serious physical injuries. There will only be one
count of accusation.
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• * If, during or on the occasion or by reason of the robbery, a

killing, rape or serious physical injuries took place, there will only
be one crime of robbery with homicide because all of these –
killing, rape, serious physical injuries -- are contemplated by law as
the violence or intimidation which characterizes the taking as on
of robbery. You charge the offenders of robbery with homicide.
The rape or physical injuries will only be appreciated as
aggravating circumstance and is not the subject of a separate
prosecution. They will only call for the imposition of the penalty in
the maximum period.
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
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• On ROBBERY WITH ARSON

• Another innovation of Republic Act No. 7659 is the

composite crime of robbery with arson if arson is
committed by reason of or on occasion of the robbery.
The composite crime would only be committed if the
primordial intent of the offender is to commit robbery
and there is no killing, rape, or intentional mutilation
committed by the offender during the robbery.
Otherwise, the crime would be robbery with homicide,
or robbery with rape, or robbery with intentional
mutilation, in that order, and the arson would only be
an aggravating circumstance. It is essential that
robbery precedes the arson.
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• MODUS OPERANDI COMMONLY EMPLOYED

BY ROBBERS:

• Gaining Entry – Entry to the building is usually done at

nighttime especially midnight. It may be effected by
forcibly opening the door thru false key. Windows with
grills may be opened at the point of entry with the use
of iron bar cutter.
• Procedure inside the house – The robber searches the
closets and dressers for valuables such as money and
jewelry.
• Leaving the Building – The robbers may just open any
available door and leave the place together with the
fruits of the crime.
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A technique employed by robbers by the use of an iron tool to gain

entry:

A. Open door

B. Jimmy enrty

C. Window entry

D. Force entry
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Physical Evidence in Case of Robbery:

• Footprints
• Tire prints
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Moulage
A faithful reproduction of an impression with the use of casting materials.

Casting material
Any material which can be changed from a plastic or liquid state to the solid
condition.
For foot impression and tire impression, Plaster of Paris is the best casting
material.
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Physical Evidence in Case of Robbery:

Latent prints
• Areas of entrance and exit;
• Closets
• Door knobs
• Dressers
• Pieces of furniture
• Bottles and Glasses
• Ashtray
• Walls
• Desk and tables
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Physical Evidence in Case of Robbery:

Clothing – Sometimes the robbers exchange their own jackets or

shoes with those found inside the victim’s residence or
establishments.
Paint – If a crowbar has been used to force the door or window paint
may adhere to the tool. Paint samples should be taken for future
comparison.
Tool Marks – In forcing open the door or window with crowbar or
any equipment used therein, tool impression are left by the
criminals.
Tools or instrument used – The tools used in breaking and entry may
be left behind.
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Brigandage

It 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
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THEFT

• ELEMENTS:
• That there be taking of personal property.
•
• That said property belongs to another.
•
• That the taking be done with intent to gain.
•
• That the taking be done without the consent of the owner.
•
• That the taking be accomplished without the use of violence
against or intimidation of persons or force upon things.
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THEFT

A. Pickpockets, simple snatching and other forms are

included in this classification.
B. Theft inside the house or a building where entry is
thru an open or closed door but unlocked, this is
theft.
C. Breaking the glass panes of a show window and
extending an arm to get the valuables inside is theft
as the force upon things is not used as means of
entry.
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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 of intimidation
against a person or force upon things

Larceny – trespassory taking and carrying away

personal goods from the possession of another with
intent to steal
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FOUR MODES OF THEFT

2. Lost Property
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
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
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ARSON INVESTIGATION
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ELEMENTS OF ARSON

1. Actual burning took place

2. Done with malicious intent
3. The burning is done by a person who is
criminally and civilly liable.
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Why is Arson very hard to

investigate?

• Arson is one of the most difficult

offenses to investigate because the
arsonists were able to set a fire and
can escape undetected.
• The fire can consume the scene and
destroy much physical evidence of
the offense.
• Harder forms of evidence are often
buried in debris and grossly altered
in appearance
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• Kurdapio and Tibursia are husband and

wife, onetime Turquatro, their long time friend and
the childhood sweetheart of Tibursia, visited them.
Turquatro wanted to elope with the Tibursia and
continue their broken childhood promises. Kurdapio
came to know of the intention of Turquatro so he
immediately went at the house of the latter and
confronted the same. They had a heated altercation
with each other. Because of rage, Turquatro got hold
of a knife and stabbed Kurdapio several times causing
the latter’s instant death. With fear of detection and
apprehension, Turquatro set on fire the house to
conceal his crime. The fire propagates extending to
the other adjacent buildings.
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What crime/s was/were committed by Turquatro,

if there is/are any?

a. Arson with Murder

b. Homicide and Arson
c. Arson with Homicide
d. Murder
e. Arson
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Supposing it is Kurdapio who intentionally set

the house of Turquatro on fire as means of
killing him, what crime/s was/were committed
by Kurdapio, if there is/are any?

A. Arson with Murder

B. Murder and Arson
C. Homicide and Arson
D. Murder
E. Arson
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
MEDICINE

What if Kurdapio was caught while he is about

to ignite the clothes and rags soaked with
gasoline that would suppose to set the house
of Turquatro on fire. What stage of crime did
he commit?

A. Frustrated arson
B. Consummated arson
C. Attempted arson
D. None
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
MEDICINE

Supposing Kurdapio was caught but the soaked

rags and clothes were already ignited.
Although the fire was put off, it still causes
discoloration on the walls of the building. What
stage of crime did he commit?

A. Attempted arson
B. Consummated arson
C. Frustrated arson
D. Either A or B
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
MEDICINE

ARSON

A. The mere discoloration or scorching of a wooden

wall by fire is consummated arson.
B. If the scorching is on the concrete wall where there
is remote possibility of the fire to spread, it is
attempted arson.
C. The act to set fire with the preparation of
inflammable material at the place to be burned is
attempted arson.
S P E C I A L C R I M E I N V E S T I G AT I O N W I T H L E G A L
MEDICINE

FORENSIC SCIENCE - deals with the application of

scientific facts to legal problems and the judicial process.
FORENSIC
Derived from the Latin word “forum” which means
“market place” – a place where people gather for
“public discussion”.
When it is used in conjunction with other sciences, it
simply connotes the idea of application to law or for the
administration of justice.
Also referred as “legal”
 HISTORY OF LEGAL MEDICINE
• IMHOTEP - earliest medico-legal expert; first to record a report of a murder
trial written on a clay tablet; builder of the first pyramid.

• HIPPOCRATES – discussed the lethality of wounds; also known as the Father

of Medicine

• ARISTOTLE – fixed animation of fetus at the 40th day after conception

• NUMA POPILIUS (in Rome) – all women dying during confinement should
immediately be opened to save the child’s life.
HISTORY OF LEGAL
MEDICINE
• ANTISTIUS – was the first Police Surgeon or Forensic Pathologist

• JUSTINIAIN – in his Digest, he made that a physician is not an ordinary

witness and that a physician gives judgment rather than testimony. This
led to the reorganization of expert witness in court.

• POPE INNOCENT III – issued an edict providing for appointment of

doctors to the court for determination of the nature of wounds.

• AMBROISE PARE - considered legal medicine as separate discipline

HISTORY OF LEGAL MEDICINE
• PAULUS ZACCHIAS – Father of Forensic Medicine; He published
Questiones Medico Legales, which dealt with the legal aspects of
wound and the first two chapter dealt with the detection of secret
homicide,

• MATHIEU ORFILA – introduced chemical method in toxicology,

Father of Modern Toxicology

• DR. RAFAEL GENARD y MAS – wrote the first medical textbook,

Manual De Medicina Domestica, which includes pertinent
instruction in the practice of forensic medicine.
1895 – Medico-legal laboratory was established in the City of Manila

1919 – the Department of Legal Medicine and Ethics of the University

of the Philippines was created under Dr. Sixto delos Angeles as the
first chief.

1945 – after the liberation of the City of Manila, Criminal Investigation

Division was created with Dr. Mariano Lara as the chief.

DR. GREGORIO LANTIN – CA 181 was passed creating the division of

investigation under the DOJ. He was the chief of the medical section.

DR. ENRIQUE DELOS SANTOS – RA 157 creating the Bureau of

Investigation. Under this, a medico legal office was created, and he
was the chief.
1895 – Medico-legal laboratory was established in the City of Manila

1919 – the Department of Legal Medicine and Ethics of the University

of the Philippines was created under Dr. Sixto delos Angeles as the
first chief.

1945 – after the liberation of the City of Manila, Criminal Investigation

Division was created with Dr. Mariano Lara as the chief.

DR. GREGORIO LANTIN – CA 181 was passed creating the division of

investigation under the DOJ. He was the chief of the medical section.

DR. ENRIQUE DELOS SANTOS – RA 157 creating the Bureau of

Investigation. Under this, a medico legal office was created, and he
was the chief.
Legal Medicine = is that branch of medicine which deals with
the application of medical knowledge to the purposes of law
and in the administration of justice.

Forensic Medicine - use of medical science to elucidate legal

problems in general without specific reference or application
to a particular case.

Medical Jurisprudence - a branch of law which concerns with the

aspects of law and legal concepts to medical practice. It includes
rights, duties, and liabilities of physician, patient, and health
institution.
Evidence
• Evidence is the means, sanctioned by the Rules of the Court,
of ascertaining in a judicial proceeding the truth respecting a
matter of fact
Types of Medical Evidence:

• I. Autoptic or Real Evidence:

• This is evidence made known or addressed to the senses of the court.
It is not limited to that which is known through the sense of vision but
is extended to what the sense of hearing, taste, smell, and touch is
perceived.
 II. Testimonial Evidence:
A physician may be commanded to appear
before a court to give his testimony. While in the
witness stand, he is obligated to answer the question
propounded by the counsel and presiding officer of the
court. His testimony must be given orally and under
oath or affirmation.
 III. Experimental Evidence:
A medical witness may be allowed by the court to confirm
his allegation or as a corroborated proof to an opinion he
previously stated.

IV. Documentary Evidence:

A document is an instrument on which is recorded by
means of letters, figures or marks intended to be used for
purpose of recording that matter which may be evidentially
used. The term applies to writings, to words printed,
lithographed, or photographed; to seals, plates or stones on
which inscriptions are cut or engraved; to photographs and
pictures; to maps or plans.
 II.Physical Evidence:
These are articles and materials which are found in connection
with the investigation and which aid in establishing the identity of
the perpetrator or the circumstances under which the crime was
committed, or in general assist in the prosecution of a criminal.
Types of Physical Evidence:
a. Corpus Delicti Evidence- Objects or substance which may be
a part of the body of the crime.
b.Associative Evidence- These are physical evidence which link
a suspect to the crime
c. Tracing Evidence- These are physical evidence which may
assist the investigator in locating the suspect
• Law of Multiplicity of Evidence – the greater the
number of similarities and dissimilarities; the greater is
the probability for the conclusion to be correct.
• Comparison – with the use of standard specimen,
evidence under question can be compared in order to
effect identification
• Exclusion – if two or more persons have to be identified
and all but one is yet to be identified, then one whose
identity has not been established may be known by the
process of elimination.
Medico-Legal Aspects of Death

• Life – is the sum of all vital processes by which the physical integrity
of the body is maintained.

• Death- -is defined as absence of life in a living matter.

• -it is the termination of life and complete loss of vital function of the
body.
Medico-Legal Aspects of Death

• When any of the three vital body function is no longer

performing:
a. Respiratory
b. Cardiac activity
c. Central nervous system
As a general rule, if there is no heart action
for a period of ___death is regarded as
certain.

A. 5 minutes
B. 7 minutes
C. 6 minutes
D. 8 minutes
A person can hold his breath for a
period not longer than:

A. 2 minutes
B. 3 – 1/2 minutes
C. 6 minutes
D. 8 minutes
Kinds of Death
Clinical Death or Somatic Death
• there is a complete, persistent, and continuous cessation of the vital
functions of the brain, heart, and lungs which maintains life and health.

Molecular or Cellular Death

• Is the type of death characterized by death of individual cells (one at a
time) after the somatic death.

Apparent Death/ State of Suspended Animation

• A transient loss of consciousness of temporary cessation of the vital
function of the body on account of disease, external stimulus other forms
of influence.
Signs of Death
• Cessation of Respiration
• Cessation of respiration in order to be considered as a sign
of death must be continuous and persistent.
• A person can hold his breath for a period of no longer than
3 – ½ minutes.
• In case of electrical shock, respiration may cease for some
time but maybe restored by continuous artificial
respiration.
Methods of Judicial Death

A.Death by Electrocution- using 1,500 volts

B.Death by Lethal Injection- the lethal drug is injected
intravenously
C.Death by gas chamber
D.Death Musketry or firing squad
E.Death by hanging
F. Death by Decapitation
Methods of Detecting Cessation of Respiration:
• Expose the chest and abdomen and observe the movement
during inspiration and expiration.
•

Examine the person with the aid of stethoscope which is placed

at the base of the anterior aspects of the neck and hear sound
of the current of air passing through the trachea during each
phase of respiration.
•

Examination with a Mirror

•

Examination with a Feather or Cotton Fibers

•

Examination with a glass of water

•

Winslow’s test
• Cessation of Heart and Circulation
• There must be an entire and continuous cessation of the heart action
and flow of blood in the whole vascular system.
• As a general rule, if there is no heart action for a period of five minutes
death is regarded as certain.

• Methods of Detecting the Cessation of heart Action and circulation:

A. Examination of the heart:
• Palpation of the pulse and heartbeat.
• Auscultation with the aid of stethoscope or placing the ear at the
region of the heart.
• . Examination of the Peripheral Circulation:
• Magnus’ Test – ligature is applied in the finger with moderate
tightness
• Icard’s test – by application of injection of a solution of
fluorescence subcutaneously. If dead, the solution will just
remain at the site of the injection
• Pressure on the fingernails
• Diaphanous Test – fingers are spread wide and finger webs are
viewed through a strong light.
• Application of heat on the skin – a dead man will not produce
blister
• Palpation of the radial pulse
• Dropping of Melted Wax
•
• THREE MODES OF DEATH

1. COMA
- death results primarily from the failures of the
vital centers of the brain; the person becomes
unconscious and loses all reflexes, after which the
heart and lungs slowly cease to function.
• THREE MODES OF DEATH

2. SYNCOPE
- Death occurs primarily as a result of heart failure,
possibly due to blood loss, power loss of the heart
muscle, or neurogenic shock.
• THREE MODES OF DEATH

3. ASYPHYXIA
- Death occurs primarily when the respiratory
function of lungs stops as a result of lack of oxygen,
resulting in failure of the heart and brain.
• If the person dies within 24 hours without suffering
from a recognizable cause, such death would be
called a sudden death.
 Cooling of the body (ALGOR
MORTIS)

• The cooling of the body after death at approximately 1.5 degrees F/hr.
under normal conditions and assuming the body’s temperature at death is
98.6F (37C)
• The fall of temperature of 15 to 20 degrees Fahrenheit is considered s a
certain sign of death.

• Postmortem Caloricity is the rise of temperature of the body after death

due to rapid and early putrefactive changes or some internal changes. It is
usually observed in the first two hours of death.
Insensibility of the body and loss of power to move.
• No kind of stimulus is capable to letting the body have
voluntary movement.
Changes in the Eyes
• Loss of Corneal and light reflexes
• Haziness of the cornea
• fixation of the pupil
• Flaccidity of the eyeball
• Tache noir sclerotique

Changes in skin
• Change of color
• Loss of the elasticity of the skin
• Opacity of the skin
• Absence of reaction to injury
SCLEROTIQUE
 FACTORS AFFECTING RATE OF
COOLING OF THE BODY
• A. Factors related with body
Factors Delaying Cooling Factors Accelerating Cooling
Acute Pyrexial Diseases Leanness of the body
Sudden death in good health Extreme age
Obesity
Long-standing or lingering illness
Death from asphyxia
Death of the middle age
 FACTORS AFFECTING RATE OF COOLING OF THE BODY

• A. Factors related to the surroundings

Factors Delaying Cooling Factors Accelerating Cooling
Clothing Unclothed body
Small room Large room permitting the
dissipation of heat
Warm surrounding Cooling more rapid in water
than in air
CHANGES OF THE BODY AFTER
DEATH

A. Primary Flaccidity (period of the muscle irritability)

• muscles are relaxed and capable of contracting when
stimulated
• pupils are dilated, incontinence of urination and defection.
• Lasts 3- 6 hours after death.
B. Stage of Postmortem Rigidity (Rigor Mortis)

• 3-6 hours after death and may last 24 to 36 hours

• starts at the muscles of the neck and lower jaw and spreads downwards to the chest, arms,
and lower limbs.

• body becomes rigid due to contraction of the muscles

Conditions Simulating Rigor Mortis

1. Heat Stiffening
A condition characterized by the hardening of the muscles due
to coagulation of muscle proteins when the dead body is exposed to
intense heat usually in more than 75 degrees Celsius.

2. Cold Stiffening
Hardening of muscles due to solidification of fat when the body
is exposed to extremely low temperature.
3. Cadaveric Spasm or Instantaneous rigor
• rigidity of the muscles/instant stiffening of certain muscles
which occurs at the moment of death due to nervous tension,
exhaustion and injury to the nervous system.
• 3.Stages of Secondary Flaccidity
• due to the dissolution of the muscle’s protein
• onset of putrefaction
• the body become limp again and the muscles are no longer capable of
responding to mechanical or electrical stimulus.
• Noted about 48 hours after death
POSTMORTEM LIVIDITY (LIVOR
MORTIS)
• It is the discoloration of the body after death when the blood tends to
pool in the blood vessels for the most dependent portion of the body.
• usually starts about 20-30 minutes after death and fully developed at
about 12 hrs.
• useful in determining the position of the body after death.
Stages of Lividity or Livor Mortis
1. Hypostatic Lividity
• Blood is still in fluid form inside the blood
vessels. It changes as the position of the body changes.
• The blood remains fluid in the body after for 6-8 hours

2. Diffusion Lividity
• It is a fixed or permanent discoloration due to coagulated
blood inside the blood vessels or has diffused to different
parts of the body
DIFFUSION LIVIDITY
POST-MORTEM DECOMPOSITION

• Decomposition sequence of physiochemical events that begins with death

and ends with dissolution of non-skeletal parts of the body. It begins with
greenish discoloration of the skin and mucous membranes. The epidermis
becomes detached from the membrane and slips off the body.

• Autolysis or autodigestive changes after death

• more commonly known as self-digestion, refers to the destruction of a cell
through the action of its own enzymes. It may also refer to the digestion of
an enzyme by another molecule of the same enzyme.
Putrefaction
• It is the breaking down of the complex protein into simpler
components associated with the evolution of foul-smelling gases
and accompanied by the change of color of the body.

• Decomposition – the action of bacteria on the dead body.

• Temperature for specific decomposition is 70 to 100 C

• Tropical countries decomposition set in 24-48hrs after death

• Marbolization – prominence of the superficial veins with reddish

discoloration during the process of decomposition.
Factors Affecting Rate of
Putrefaction
I. Internal Factors
• Condition of the body
• Body temperature

II. External Factors

• Air and Moisture
• Condition and type of Soil
• Presence of Water
• Effect of Clothing
• Effect of Coffin
• Depth of Burial
• Mass Grave
 Special forms of Putrefaction
• Mummification- a condition at which the body fluids is
removed before decomposition sets in resulting to
shrinking and preservation of the dead body.
• Natural Mummification – the dead is buried or exposed to a
dry, hot, sandy soil with considerable air movement.
• Artificial Mummification –when the preservation is done
with the introduction of some chemical like formalin,
alcohol, phenol, mercury, arsenic, and glycerin and covering
the skin with the Vaseline or plaster of paris before
decomposition sets in.
Saponification (Adipocere formation)- is the formation of a soft,
friable, and brownish- white greasy substance in the soft fatty tissues
of the body after death. This substance is called adipocere that is
formed by hydrogenation of the body fats.
Maceration - It is a condition of the dead body,
usually the fetus, characterized by the softening
and discoloration of the tissues as well as
formation of blisters in the skin due to the
action of autolytic or proteolytic enzymes in the
absence of bacteria.
CHRONOLOGICAL CHANGES OCCURING IN TROPICAL REGIONS

TIME NOTABLE CHANGES

12 HOURS Rigor Mortis is present all over the body;
Hypostasis is well developed; Greenish
Discoloration showing over the caecum

24 HOURS Rigor Mortis is absent all over the body;

Greenish discoloration over the whole
abdomen and spreading to the chest;
Abdomen distended with gases

48 HOURS Ova of flies can be seen; Trunk bloated;

Face discolored and swollen; Blisters present;
Moving Maggots can be seen
CHRONOLOGICAL CHANGES
OCCURING IN TROPICAL REGIONS
TIME NOTABLE CHANGES

72 HOURS Whole body grossly swollen and disfigured;

hair and nails loose; tissues soft and
discolored

1 WEEK Soft viscera is putrefied

2 WEEKS Only more resistant viscera is distinguishable;

soft tissues largely gone

1 MONTH Body is skeletonized

CAUSES OF DEATH
• Natural Death
• Violent Death
• Accident Death
• Negligent Death
• Infanticidal Death
• Parricidal Death
• Homicidal Death
• Murder
• Euthanasia
• Suicidal Death
DEATH BY ASPHYXIA

• a condition resulting from a lack of oxygen in the air or from an

obstructing mechanism to respiration.
• the general term applied to all forms of violent death which results
primary from the interference with the process of respiration or the
condition in which the supply of oxygen to the blood or to the tissues
or both has been reduced below normal level.
TYPES OF ASPHYXIA

• ANOXIC DEATH associated with the failure of the arterial

blood to become normally saturated with oxygen.
• ANEMIC ANOXIC DEATH due to a decreased capacity of the
blood to carry oxygen
• STAGNANT ANOXIC DEATH brought about by the failure of
circulation.
• HISTOTOXIC ANOXIC DEATH due to the failure of the cellular
oxidative process, although the oxygen is delivered to the
tissues, it cannot be utilized properly.
 TYPES OF MECHANICAL
ASPHYXIA
• 1. STRANGULATION (THROTTLING) may be with the use of
hands or a ligature (such as rope)

• 2. SMOTHERING OR SUFFOCATION occurs when entrance of air

through the nose and mouth is blocked or severely restricted.

• 3. HANGING the neck is tied while the body is suspended

common from suicide
• 4. CHOKING there is blocking of the internal airway by a
foreign object inside or outside of the victim’s body.

• 5. CRUSH OR TRAUMATIC ASPHYXIA brought about by the

mechanical compression of the chest by some heavy object

• 6. DROWNING - the passages are submerged in the water

thereby preventing the force blow of air into the lungs
ASPHYXIA BY STRANGULATION
• Strangulation by Ligature – Produced by compression of the neck by means of a
ligature tightened by force
• Mugging – Assailant is at the back and forearm is applied in front of the neck of
the victim
• Palmar Strangulation – Palm of the hand is pressed in front of the neck without
use of the fingers
• Garroting – Ligature, metal collar, or bowstring is placed around the neck and
tightened at the back
• Throttling – Constricting force is the hand
ASPHYXIA BY SUFFOCATION
• Suffocation is the exclusion of air from the lungs by closure of the air
openings

• Smothering - closing of the air openings with the use of hand or

other means
Overlaying – use of pillow or beddings
Gagging – use of handkerchief or clothing

• Choking – due to impaction of foreign body in the respiratory

passages
AUTOPSY
• A comprehensive study of a dead body performed by trained
physician using recognized dissection procedures and techniques,
primary to determine the true cause of death
• Indicates that, in addition to an external examination, the body is
opened, and internal examination is conducted.
POSTMORTEM EXAMINATION
• It refers to an external examination of a dead body without
incision being made, although blood and other fluids may be
collected for examination.
KINDS OF AUTOPSIES

1. HOSPITAL OR NON-OFFICIAL done on a human body with

the consent of the deceased person’s relatives for the
purpose of:
• determining the cause of death
• providing correlation of clinical diagnosis and clinical
symptoms
• determining the effectiveness of therapy
• studying the natural course of disease process
• educating students and physicians.
2. MEDICO LEGAL OR OFFICIAL an examination performed
on a dead body purpose of:
• determining the cause, manner or mode and time of
death
• recovering, identifying, and preserving evidentiary
material
• providing correlation of facts and circumstances
related to death
• providing a factual, objective medical report for law
enforcement, prosecution, and defense agencies
• separating death due to disease from death due to
external cause for protection of the innocent.
Autopsy Report

• It is the medical document or report stating the cause

of death of the victim.
CAUSE OF DEATH

• This is a specific medical diagnosis denoting a disease or injury

• E.g. Strangulation, gunshot wound
PROXIMATE CAUSE OF DEATH
The initial injury that led to a sequence of events, which caused the death
of the victim

IMMEDIATE CAUSE OF DEATH

The injury or disease that finally killed the individual
FACTS

A man burned extensively as a result of a house fire dies two

weeks later due to sepsis (complication of an infection).
What is the proximate cause of death?
What is the immediate cause of death?
Method of Disposal of the Dead
Body

• Embalming- artificial way of preserving the body after death.

• Burial– the body must be buried within 48 hours after death
(1-1 ½ meters depth of grave)
• Cremation- Is the burning of the dead body into ashes or
pulverization of the body into ashes by the application of heat
or flames.
• Disposal of the dead body to the Sea.
• Use of the Dead body for Scientific Purpose.
EXHUMANTION (DESINTERRING)

• It is the raising or disinterring of the dead body or

remains from the grave.
• STARVATION – deprivation of a regular and constant supply of
food and water which is necessary to normal health of a
person

• LENGTH OF SURVIVAL
• Human body without food loses 1/24th of its weight daily
• Loss of 40% of weight results to death
• Without food and water, person cannot survive for more than
10 days
• With water, person can survive without food for 50 – 60 days
PHYSICAL INJURY
• is an injury of the body caused by physical agents which is
the application of stimulus to the body producing damage
or injury to the tissue

• Wound- is a break or solution in the continuity of the skin

or tissues of the body.
• Inflammation- Is a specific tissue response to injury by the
living or inanimate agents, or to electrical, chemical etc.,
characterized by vascular dilatation, fluid exudation and
accumulation of leukocytes in the tissues.
 Classification of Wound or Physical injury

• A. As to Severity
• Mortal Wound
• Non-Mortal Wound
• B. As to Kind Instrument used
• Blunt instrument – lacerated
• Sharp-edge instrument – incised
• Sharp-pointed instrument – punctured
• Sharp-Edge and Sharp-Pointed
• – stab
• Rough object – abrasion
 LACERATED WOUNDS
• Edges are roughly cut, irregular and ill- defined
• Blunt instrument is used
 STAB WOUND
Due to sharp pointed and sharp- edged instrument. Clean cut,
regular and distinct
 INCISED WOUND
• (Cut/slash /slice)
• Produced by Sharp-edged instrument
• Clean cut
 PUNCTURED WOUND

• Produced by Sharp-pointed
instrument
• hole-like
• Barotrauma – brought about by change of atmospheric
pressure
• Normal atmospheric pressure is about 760 mm/Hg

• Shrapnel wound – brought about by chemical explosion

BAROTRAUMA
SHRAPNEL WOUND
C. As to the relation of the site of application of
force and injury

• Coup Injury- Injury at the site of application.

• Contre coup- injury found opposite the site of application.
• Coup Contre Coup- injury both at the site and opposite site
of application.
• Locus Minoris Resistencia- Injury is found on
some area offering the least resistance to the
force applied.

• Extensive Injury- involves a great area of the

body beyond the site of the application of
force
As to depth of wound

• Superficial wound – involves the outer layer

of the skin
• Deep wound – involves outer as well as the
inner structure of the body.
Special Type of Wounds

• Defense Wound – result of instinct self-protection

• Patterned wound – with nature and shape of
object/instrument
• Self-inflicted wound – produced on oneself but no intention
to end life
PATTERNED WOUND
SELF INFLICTED WOUND
E. Medico-legal Classification

• Mutilation – Act of looping, cutting off any part or parts of the

living body
• Slight Physical Injury (1-9 days)
• Less Serious Physical Injury (10-30days)
• Serious Physical Injury (more than 30 days) – deformity and
incapacity
• Administration of injurious substance or beverages.
F. As to the type of the
Wound
• Closed Wound: there is no break in the continuity of the skin or
mucous membrane.
• Petechiae- are minute, pinpoint, circumscribed extravasation of blood
in the subcutaneous tissues or underneath the mucous membrane.
• Contusion (Bruise)- Wound in the substance of the true skin and in
the subcutaneous cellular tissues characterized by swelling and
discoloration of tissue due to extravasation of blood.
• Hematoma- large extraversion of blood in a newly formed cavity
secondary to trauma characterized by swelling, discoloration and
effusion of blood underneath the tissues
PETECHIAE
CONTUSION
HEMATOMA
• Open Wound: There is a breach of the continents
of the skin (abrasion, stab wound, incised wound)

• Abrasion – removal of the superficial layer of the

skin brought about by friction against a hard object
Forms of Abrasion
• Linear Abrasion – there is a single line which may curved or
straight

• Multi linear abrasion – several lines of injuries which are

parallel to one another

• Confluent abrasion – the lines of injury are arranged in

haphazardly manner

• Multiple abrasion – abrasion in the body surface located in

different parts of the body
Types of Abrasion
• Scratches – abrasion brought about by the stroke of sharp
pointed instrument to the skin
• Grazes – due to forcible contact with a rough, hard object
resulting to irregular removal of skin surface
• Impact or imprint abrasion – abrasion due to contact with a
rough, hard object in which the structural form of the object is
reflected over the skin
• Pressure or friction abrasion – abrasion due to pressure
applied and with accompany movement over skin
MUSCULO-SKELETAL INJURIES

• Sprain - The straining or tearing of the articular tendons, ligaments and muscles
characterized by swelling, discoloration of tissues involves and extreme pain.
• Fracture - It is a break or solution in the continuity of the bone tissues resulting
from violence.
• Dislocation - Is the displacement of the articular surfaces of the bones forming
the joints usually secondary to trauma.
• Strain – over stretching
• Subluxation – incomplete or partial dislocation
• Cerebral Concussion- Condition of the brain resulting from a sudden jarring or
stunning of the brain which follows a blow on the head characterized by
headache or dizziness, unconsciousness, or semi-unconsciousness, relaxed and
flaccid muscles, slow and shallow respiration and rapid but weak pulse

• *Internal Hemorrhage- It is the bleeding usually in the cavity or organs inside the
body.
INJURIES CAUSED BY EXPOSURE TO EXTREME
TEMPERATURES

• Frostbite – exposure of certain parts of the body to cold temperature

causing cold stiffening, necrosis, gangrene and pallor.
• Trench Foot – condition usually seen among those seen walking over
the snow wherein the feet are exposed to extreme cold
• Immersion foot – foot is submerged in cold freezing liquid,
FROSTBITE
TRENCH FOOT
GUNSHOT AND SHRAPNEL
WOUNDS
• is an open wound brought about by the penetrating power of the
projectile propelled by the expansive force of the burning powder in
the cartridge shell
ENTRANCE WOUND EXIT WOUND
· Wound Is smaller than the · Wound is bigger than the
missle missle
· Entrance wound is inverted · Wound is averted
· Entrance wound is round or · Exit wound has no definite
oval shape
· Gunpowder tattooing is · No tattooing
present in contact or near
contact fire
· Paraffin Test – positive in · No gunpowder tattooing
wound of entrance in near
contact fire
The “odd and even rule” in
gunshot wounds
• If the number of gunshot wound of entrance and exit found in the
body of the victim is even, the presumption is that no bullet is lodged
in the body. But if the number of gunshot wound entrance and exit is
odd, the presumption is that one or more bullets might have lodged
in the bod.
EVIDENCE OF ACCIDENTAL
SHOOTING
a. usually one shot
b. No special area of the body is involved.
c. Testimonies of witnesses.
EVIDENCE OF HOMICIDAL GUNSHOT
WOUND
a. Site of the entrance wound has no point of
selection
b. Discharge of firearm is made when victim is
some distance away.
c. Sign of struggle may be present.
d. Signs of disturbance in the surroundings maybe
present.
INJURIES OR DEATHS DUE TO
ELECTRICITY

• SHOCK – the main cause of death from the

electricity.
VITAL REACTION – It is the sum total of all reactions
of tissue or organ to trauma, either observed micro or
macroscopically. (RCDL)
a) RUBOR – redness or congestion of the area due to an increase of
blood supply as a part of the reparative mechanism.
b) CALOR – Sensation of heat or increase in temperature.
c) DOLOR – pain due to involvement of the sensory nerve.
d) LOSS OF FUNCTION – due to trauma, the tissue may not function.
Burn
• An injury caused by the application of heat or by a chemical or
physical agent having an effect similar to heat.
• In medico-legal field, injuries caused by friction, electricity, lightning,
corrosive substances and radiation are also classified as burns.
• Clothed body burns more completely than unclothed one. Obese
person will burn more completely than a thinner person because fat
acts as an accelerant.
Burn
• Classification of burns
• Superficial – affecting only the epidermis or the outer layer of the skin
• Deep – involve the dermis(deep vascular inner layer of the skin),
tissues, and bones
DEGREES IN BURNS
• FIRST DEGREE BURN
• Injuries involve only the epidermis and are characterized by erythema, edema,
and pain. They are produced by prolonged exposure to low intensity heat or very
brief exposure to high intensity (mild sunburn) and manifests as red discoloration
and superficial inflammation. When it heals, skin peeling typically occurs. Wound
healing is completed in approximately 5 to 10 days with no residual scarring.
•
• SECOND DEGREE BURN
• The most superficial second degree burns totally affects the epidermis as well as
the upper third of the dermis. Such burns involve blister formation and are
extremely painful. It heals approximately 7 to 10 days with minimal scarring
DEGREES IN BURNS
• THIRD DEGREE BURN
• Destroy the full thickness of the epidermis and the dermis. Heat coagulation of
the dermal blood vessel leaves the tissue avascular with a characteristic waxy
white appearance. These burns require skin grafting because skin regeneration
is not possible
•
• FOURTH DEGREE BURN
• Charring injury
• Due to the incineration of tissues.
• There is a complete destruction of the skin and subcutaneous tissues, as well
as complete or patrial charring of the bone.
TYPES OF BURNS
• Dry burns
• Dry heat sources result in dry burns.
• *ovens, stove tops, hot engines, mufflers. Radiator grills, clothe irons, hair
dryers, heating pads.

• Scalds
• Produced by moist heat or steam, or any hot liquid such as water, oil. Or even
molten rubber or metal. The scalded area appears erythematous (abnormal
redness of the skin resulting from dilation of blood vessels) with
desquamation (loss of bits of outer skin) and blistering of the usually sharply
demarcated area of inury.
TYPES OF BURNS
• Chemical Burns
• Are produced through contact with corrosive acids and alkalis. Most of these injuries onvolve
direct tissue damage, which causes drying and blistering, destruction of protein or fat, or
interference with cellular metabolic processes. It may take several hours before the burn
manifests.

• Fire Burns
• Burns that occur from building or home fires are the most common types of thermal injuries
encountered in death investigations

• Radiant Burns
• Caused by a heat source close to the victim or electromagnetic energy radiating out from an
energy source. (does not require direct contact with a heat source)
SEXUAL OFFENSES AND
DEVIATION
• Virginity = a condition of a female who has not experienced sexual
intercourse and whose genital organs have not been altered by carnal
correction.

• DEFLORATION = the laceration or rupture of the hymen as a result of

sexual intercourse.
Kinds of Virginity

• 1. MORAL VIRGINITY = state of not knowing the nature of sexual life

and not having experienced sexual relation.

• 2. PHYSICAL VIRGINITY = a condition whereby a woman is conscious

of the nature of the sexual life but not experienced sexual intercourse.
Applies to women who have reached sexual maturity but not
experienced sexual intercourse.
 • TRUE PHYSICAL VIRGINITY
• a condition wherein the hymen is intact, with the edges
distinct and regular, and the opening is small to barely
admit the tip of the smallest finger of the examiner even if
the thighs are separated.
• FALSE PHYSICAL VIRGINITY
• A condition wherein the hymen is unruptured, but the
orifice is wide and elastic to admit two or more fingers of
the examiner with a lesser degree of resistance.
• 3. DEMI-VIRGINITY
• a condition of a woman who permits any form of
sexual liberties as long as they abstain from
rupturing the hymen by sexual act.

• 4. VIRGO INTACTA
• applied to women who have had previous sexual act
but not yet given birth.
Parts of Female Anatomy which may be
considered in the determination of the
condition of virginity
• Breast – are two masses of fleshy tissues at the region of the chest
with its nipple at the center and surrounded by brown or pinkish
areolae.
• This is not a good basis to determine virginity
• Hemispherical breast
• Conical breast
• Infantile or flat breast
• Pendulous breast
• Vaginal Canal – as a general rule, the vaginal canal of a virgin
is tight, and rugosities are sharp and prominent. Insertion of a
finger or instrument may show certain degree of resistance.
• Labia majora and labia minora
• Fourchette and Perineum – the fourchette is V-shaped
structure formed by the anion of the labia majora posturing
and below the vaginal orifice
• Hymen – thin fold of mucous membrane surrounding by the
vaginal orifice