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FLORENCIO L.

VARGAS
COLLEGE
College of Criminology
Tuguegarao City, Cagayan

FUNDAMENTALS OF
CRIMINAL
INVESTIGATION

Armando A. Tolentino, Jr.,


MPA
Registered Criminologist
Professional Teacher

[FUNDAMENTALS OF CRIMINAL INVESTIGATION]

THE AUTHOR
The author is a native Ilocano who hails from San Mateo, Isabela. He
joined the Philippine National Police in 2007. With his present rank of
Police Officer 3, he is the Admin PNCO of the Office of the Deputy
Regional Director for Operation, PRO2, Camp Adduru, Tuguegarao City,
Cagayan.
He finished his Bachelor of Science in Industrial Education major in
Industrial Arts at Technological University of the Philippines (TUP),
Ermita, Manila in 2004 as Cum Laude. He is also a graduate of Bachelor
of Science in Criminology at Saint Ferdinand College (SFC), Ilagan City,
Isabela in 2011. He earned his Masters Degree in Public Administration
major in Project, Planning and Development Administration at the
Cagayan State University (CSU), Andrews Campus, Tuguegarao City,
Cagayan in 2014. He also earned 15 Units of Bachelor of Laws and
Letters (LLB) at College of Law, Cagayan State University (CSU),
Andrews Campus. He is a graduating student of Master of Science in
Criminology at University of Cagayan Valley (UCV).
His eligibilities in the government position include a Registered
Criminologist, Licensure Examination for Teachers (LET) Passer and
Presidential Decree 907 (Cum Laude). He also passed the NAPOLCOM
Promotional Examinations, both the Police Officer and Senior Police
Officer Examinations.
He undergone several criminal investigation trainings and courses
which include the Terrorist Crime Scene Investigation Course offered
and funded by the United States, Department of State thru the AntiTerrorism Assistance Program held at NHQ PNP Camp Crame, Quezon
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City, and Criminal Investigation Course (CIC) conducted by Regional


Investigation and Detection Management Division (RIDMD), PRO2.

INTRODUCTION
Crime is a major concern for many people. Indeed, for some it is
the major concern in their lives. Everyday people are forced to change
their lives because they were a victim of a crime or are fearful of
becoming a victim. One means to make life safer is to remove criminal
offenders from the streets and place them in confinement for some
period of time. That is one of the major roles of the investigators.
These individuals used a wide variety of techniques to identify, arrest,
and subsequently assist in the prosecution of offender and to bring
them (offender) to the bar of justice.
Criminal investigation in its modern form is a rather recent
development. In the past, crimes are solved not by scientific methods
of inquiry but rather through crude and discredited means such as
witchcraft, torture and other similar methods.
Early 19th Century Criminologists saw the need to develop a
scientific means of identifying criminals because the criminological
theories are useless unless we send the right persons to jail or prisons.
For instance, the classical theory of deterrence and positivist theory of
rehabilitation cannot be applied to an innocent person since no amount
of punishment or treatment can deter or treat an innocent person.
Thus, Dr. Hans Gross, Edmund Locard and August Vollmer
undertook to establish the earliest crime laboratory in the world to
advance the art and science of investigation. Interestingly, a series of
books published by Sir Arthur Conan Doyle features a fictional
character named Sherlock Holmes as a detective who used crude
scientific methods in investigating crimes long before the world has
seen its first crime laboratories. Contemporary authorities in criminal
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investigation agree that this also helped in fast-tracking the evolution


of criminal investigation.
Definition of Terms
1. Criminal Investigation is the collection of facts in order to
accomplish the three (3) fold aims: to identify the guilty party; to
locate the guilty party; and to provide evidence of his (suspect)
guilt.
2. Investigation is the process of inquiring, eliciting, soliciting and
getting vital information, facts, circumstances in order to establish
the truth.
3. Criminal Investigator is a public safety officer who is tasked to
conduct the investigation of all criminal cases as provided and
embodied for under the Revised Penal Code/Criminal Laws and
Special Laws which are criminal in nature.
4. Information
a data gathered by the investigator from other
persons including the victim himself/herself and from public record,
private records and modus operandi files (style or mode of
operation)
5. Interview is a simple inquiry/conversation type elicitation of
information from a willing victim(s), witness (es) relevant to a
certain crime/incident/event under investigation.
6. Interrogation is the skillful questioning of a hostile witness (es)
and suspect(s)
7. Criminal is a person who has pronounced conviction or judgment of
the offense committed coming from the court.
8. Accused is a person who has been formally charged by the
prosecutor with a crime within the jurisdiction of the tribunal.
9. Serial killer is someone who murders 3 or more people with
cooling off periods in between.
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10.
Crime Scene is venue or place where crime has been
committed.
11. Venue/the locality where a crime is committed or a cause of acti
on occurs. In law, the jurisdiction where trial will be held.
12. Corpus Delicti is a latin word for the body of crime, used to
describe the physical or material evidence that a crime has been
committed.
13. Sketch is a rough drawing or painting, often made to assist in
making more finished
14. Confession is an express acknowledgement by the accused in a
criminal prosecution of the truth of his guilt as to the offense
charge.
15. Admission is a statement of facts not directly constituting an
acknowledgement of guilt.
16. Eye-witness Testimony is the judicial or direct narration of
facts by the person or persons who really witnessed how the crime
was committed by the suspect(s).
17. Associate Evidence or Corroborative Evidence is additional
evidence of a different character to the same point (in issue).
18. Rouges Gallery is a police collection of pictures or photographs
of criminals and suspects kept for identification purposes.
19.

Mug Shot is a photographic portrait taken after one is arrested.

20. Motive is a reason or cause why a person or group of persons


will perpetrate a crime.
21. Instrumentality means or implement used in the commission of
the crime.
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22. Opportunity consists of the acts of omission and/or commission


by a person (the victim) which enables another person or group of
persons (the criminal/s) to perpetrate the crime
23. Public records refer to information gathered from records and
files of the Police, other law enforcement agencies, Company
records, Public Hospital records and others.
24. Private records refer to information gathered from cultivated
sources such as paid informants, bartenders, taxi drivers, and
vendors and from the internet such as facebook, and others.
25. Modus Operandi file refers to information gathered from a
CCTV camera, witnesses, and arrested suspect/s, and from Police
and other law enforcement files.
26. Informant is a person
expectation of reward.

who

gives

information

without

27. Confidential Informant is a person who gives information


purely for personal reason; and that his identity shall not be divulge
28. Informer is a person who gives information in return of a price
or reward
29. Surveillance is the secretive and continuous watching of
persons, vehicles and places or objects to obtain information
concerning the activities and identities of individuals
30.
Surveillant - shadow or tail, is a person who performs or
maintains surveillance
31.

Subject - a person, place or thing under surveillance

32. Convoy - is the term applied to an associate of the subject who


attempts to detect surveillance

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33. Stakeout - is a form of close surveillance which a particular


action is expected to occur or which a wanted suspect is expected
to appear
34. Cut-Out - person or device interposed between two persons or
groups in order to provide communications
35. Live Drop - person who accepts information or material from
an agent and surrenders it to another
36. Cover - device or stratagem by which the selected investigator
conceals his identity and his relationship with the investigating
agency
37. Undercover
work
disguises and pretext cover and
deception are used to gain the confidence of criminal suspects
38. Arrest- the taking of a person into custody in order that he may
be bound to answer for the commission of an offense.
39. Search- an examination of an individuals person, house, papers
or effects, or other buildings and premises to discover contrabands
or some evidence of guilt to be used in the prosecution of a criminal
action.
40. Seizure- the confiscation of personal property by virtue of a
search warrant issued for the purpose.
41. Warrant of Arrest- an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a peace
officer, commanding him to arrest a person and bring him before
the court.
42. A search warrant- an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a peace
officer, commanding him to search for personal property described
therein and bring it before the court.

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[FUNDAMENTALS OF CRIMINAL INVESTIGATION]

43. Felony - an act or omission in violation of the Revised Penal


Code
44. Offense - an act or omission in violation of the Special Penal
Laws.
45. Crime - an act or omission in in violation of a public law
forbidding or commanding it.
46. Misdemeanor - a minor infraction of law such as violation of an
ordinance.
47. Malum in se /Mala in se the act is inherently evil or bad or
per se wrongful.
48. Mala Prohibita/Malum Prohibitum- the act is wrong because
there is a law punishing it.
49. Corroborative evidence kind and character tending to
previously offered evidence. A
green car. When B examined
bumper of his car.

additional evidence of a different


prove the same point as that of
told that X bumped his car by Y
X car he saw green paint in the

50. Secondary evidence - that which indicates the existence of a


more original source of information. Weak evidence, like photocopy
(xerox).
51. Cumulative evidence - additional evidence of the same kind
bearing on the same point. Testimony repetitive of testimony given
earlier.
52. Primary evidence - that which the law regards as affording the
greatest certainty. (also known as best evidence) Showing an
original document against a photocopy.
53. Police Blotter is an 18 x 12 logbook with hard-bound cover
that contains the daily register of all crime incident reports, official
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summary of arrests, and other significant events reported in a police


station.
54. Entrapment - ways and means are resorted for the purpose of
trapping and capturing the law breaker during the execution of a
criminal act.

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EARLY CONTRIBUTORS
Eugene Francois Vidocq
a former convict who became the head of Surete, which
was recognized at that time as Frances premier detective
agency. He is credited for his effective use of criminals
to catch criminals. Vidocqs unorthodox approach later
became a model for John Wilkes Booth who infamously
stated that it takes a thief to catch a thief.

Henry & John Fielding


Henry Fielding was a travelling magistrate of England
who established the worlds first uniformed police force
in Bow Street, a road notorious for
thievery. Also known as runners or
thief -takers, they conduct patrol and
respond to reported incidents. When
Henry
died, he was replaced by his blind
brother John as head of the Bow
Street
Runners.
This
eventually
became a model for the London
Metropolitan Police (Scotland Yard) of Sir Robert
Peel.

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Dr. Hans Gross


father of Criminalistics, he published a book entitled
Modern Criminal Investigation which pave the way for
Edmund Locard to incorporate modern science to police
works.
Edmund Locard
French criminologist, he established the worlds first
crime laboratory in Lyon, France. He expounded Dr.
Gross theory by statin g that when two object come
into contact with one another, they leave traces of
each other behind (there is always something left
behind at the crime scene). This became known as
Locards Exchange Principle upon which modern
forensic science owes its theoretical foundation.
Sir Llewelleyn William Atcherly
Chief Constable of West Riding, Yorshire. He pioneered
the recording of M.O. (modus operandi) files as
investigative aids that can be used to identify criminals
based on the tools they use, the manner of commission,
the time of the crime, and other pertinent data.
Thomas Byrnes
he discovered that Modus Operandi do not remain the
same and it changes as the career progression of the
criminal changes. He instituted the Bulmerry Morning
Street Parade a practice where captured criminals are
paraded in front of the police force in order to facilitate
easy identification in case they commit crimes in the
future. This is the origin of the Police Line-Up.

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Alphonse Bertillon
father of Personal Identification
who framed
Anthropometry (the individualization
of a person
based on body measurements). This
supplemented the practice of descriptive words accompanying a
sketch in order to identify criminals (also known as Portrait
Parle French for word picture or talking pictures). With the advent
of photography, drawings became out of fashion. Nevertheless, the
practice of accumulating Rogues Gallery became imbedded in policing
around the world.
Jonathan Wild

conceived a business of recovering stolen


properties for a fee in England in the 17 th Century
(theif-takers). Arguably the worlds first private
detective, he took advantage of a system
of bounty and rewards set up by the British
Parliamentary Reward System.
Alan Pinkerton
he was a pioneer in non-government policing
and private detective works in the US. The
company
he
established
bore
his
name
(Pinkertons) and have a logo of an eye with the
inscription we never sleep
which the American public
came to know as private
eye. Among the famous cases they solved
involved Harry Sundan ce Kid Longbaugh of
the Butch Cassidy outlaw gang. He is also
credited for hiring the first female involved in
investigative works, Mrs. Kate Warne. The
Pinkertons are rivaled only by another private protection business
known as the Wells-Fargo & Co.
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August Vollmer
He served as an Army Sergeant in the Philippines
during the Spanish-American war and became an
Army Policemen who oversaw the integration of former
Guardia Civil into the new Insular Constabulary.
His experience in the Philippine convinced him of
the need to professionalize policing and shield it
from politics.
He reluctantly accepted the position of Marshal of Berkeley California
when a posse was commissioned in order to respond to a train
derailing incident and it was then that his innovative approach to
policing began to be recognized. Followi ng the lead of European
development in Criminal Investigation, he established the first crime
laboratory in the United States in order to support his efforts to
professionalize policing (Wadman & Allison,
2004,cited in Intro. to Theory, Practice & Career
Devt. In Public & Private Invst., Gunter & Hertig,
2005).
John Edgar Hoover
director of the Federal Bureau of Investigation,
his efforts to centralize information on fugitives,
criminal activity, organized crime, fingerprints, etc.,
led to the further development of criminal investigation.

INVESTIGATION
The word investigation came from the latin word vestigare,
which means to track or to trace.
Investigation is not unique to law enforcement. As a matter of
fact, other professions routinely conduct investigation on their fields
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of specialization. Thus, a doctor must first diagnose the disease before


he can recommend the cure. He must investigate. Likewise, an
engineer cannot calculate the concrete unless he measures the floor
area of the structure he is building. He must investigate.
Criminal Investigation
Criminal Investigation is the collection of facts in order to
accomplish the three-fold aims to identify the guilty party; to locate
the guilty party; and to provide evidence of his (suspect) guilt.
When applied to law enforcement, it is safe to state that crimes
cannot be solved on its own unless the police conducts criminal
investigation.
Criminal investigation is the systematic, step-by-step process of
determining whether or not a crime has been committed, and if so,
who committed it. Since it involves a step-by-step process, it helps to
know the different stages involved in the development of a full blown
criminal investigation, these are:
1. Detection is the fact of discovery. It is the chance event which
triggers the operation of our criminal justice system. This occurs when
a possible crime is observed by the police or is reported to its
attention.
2. Preliminary Investigation the early of initial stage of the
investigation immediately after the occurrence of the crime. This is
usually done by first responders or patrol officers who take the
following primary responsibilities on site:
I.

II.
III.
IV.

Deal with emergencies first:


- Neutralize all threats
- Render aid to the injured.
- Cordon the crime scene
Record all information and disseminate to available patrol
units for possible hot pursuit.
Wait for investigator.
Make initial/spot report

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GOALS OF CRIMINAL INVESTIGATION


Criminal investigation has the following generally accepted
objectives:
1. To determine whether or not a crime has been committed
2. To identify & arrest the suspect
3. To provide the prosecution with evidence necessary to support
conviction
4. To recover stolen property
CARDINALS OF INVESTIGATION
1.
2.
3.
4.
5.
6.

What the specific offense that had been committed


How- Mode or manner of the crime
Who- person/s involved in the crime (suspects/victims)
Where- place where the commission of the crime
When - date and time of commission of the crime
Why motive or reason of the crime

Anatomy of Crime
For any crime to happen, there are three elements or ingredients
that must be present at the same time and place. These are the
Motive, the Instrumentality and the Opportunity.
A. Motive refers to the reason or cause why a person or group
of persons will perpetrate a crime. Examples are dispute, economic
gain, jealousy, revenge, insanity, thrill, intoxication, drug addiction and
many others.
B. Instrumentality is the means or implement used in the
commission of the crime. It could be a firearm, a bolo, a fan knife, an
ice pick, poison or obnoxious substance, a crow bar motor vehicle, etc.
Both the Motive and Instrumentality belong to and are harbored and
wielded respectively by the criminal.
C.
Opportunity consists of the acts of omission and/or
commission by a person (the victim) which enables another person or
group of persons (the criminal/s) to perpetrate the crime. Illustrative
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examples include leaving ones home or car unattended for a long


time, walking all alone in a well-known crime prone alley, wearing
expensive jewelries in slum area, readily admitting a stranger into
ones residence and the like. Opportunity is synonymous with
carelessness, acts of indiscretion and lack of crime preventionconsciousness on the part of the victim.
Reasons Why Crime Should Be Investigated
A. Future deterrence of Offenders
-

The identification and punishment of a criminal offender will hopefully


deter him from other misconduct in the future.
B. Deterrence to Others

Identification and punishment of an offender may likewise deter others


from engaging in similar undesirable activities.
C. Community Safety

The investigative process also promote public safety by identifying and


bringing to court persons who pose a serious threat to the safety of the
community due to violent or otherwise strong anti-social behavior.
D. Protection of the innocent

Finally, accurate investigations help to insure that only conduct which


is in fact criminal is punished, and the innocent parties will not be
subjected to prosecution.
TYPES OF CRIMINAL INVESTIGATION
A. Investigation while the suspect is under arrest and
detention;
General Rule; A person arrested by virtue of warrant of
arrest is not covered by criminal investigation and must not be placed
under custodial interrogation for obvious reason that he is already held
accountable to that particular crime before the court of justice.
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Exemption to the Rule:


1. When the person arrested by virtue of a warrant of arrest is likewise
being held for a separate distinct criminal complaint which is the
subject matter of another criminal investigation.
2. When the person arrested by virtue of a warrant of arrest is charge in
court as Jhon Doe or Richard Doe, and for which criminal
investigation is a necessary incident to establish his real identity, name
surname through cartographic sketches and available witnesses.
3. A person placed under arrest as an incident to the execution and
implementation of a search warrant found in possession of recently
stolen articles
B. Investigation while the suspect is at large
(Meaning- not under arrest and detention, as
distinguished from: - fugitive from justice)
The term at large is not synonymous to fugitive from
justice, the former not being a wanted person in the eyes of the law,
and therefore cannot be lawfully arrested without a warrant. The later
is necessarily an escapee from detention or an escaped prisoner while
serving sentence by virtue of a final judgment rendered by a court of
competent jurisdiction that can be legally arrested (par. [c], Sec. 5,
Rule 113, Rules of Court without the necessity of the court.
POLICE
OPERATION
INVESTIGATION

DISTINGUISHED

FROM

POLICE

A. Police Operation is a lawful clandestine intelligence and


detective networking to gather information and evidences to
determine with certainty the commission of a crime, the identity of the
perpetrators thereof, and as may be necessary, to arrest the culprits
under those instances as authorized by law.
The action whereby a person is subjected to:
1. A warrantless arrest inflagrante delicto; or
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3.
4.
6.
7.
ARREST

2. A warrantless arrest in fresh( hot ) pursuit; or


A warrantless arrest as an incident to the execution of a
search warrant; or,
A warrantless search as an incident to a lawful arrest; or
5. An arrest by virtue of a warrant of arrest; or,
The arrest of escaped prisoner while serving sentence or
temporarily confined while his case is pending; or
While being transferred from one confinement to another.

General Guidelines
a. All arrests should be made only on the basis of a valid Warrant of
Arrest issued by a competent authority, except in instances where the
law allows warrantless arrest.
b. No violence or unnecessary force shall be used in making an arrest,
and the person to be arrested shall not be subjected to any greater
restraint than what is necessary under the circumstances.
c. As a general rule, arrests can be made on any day of the week and at
any time of the day or night.
d. Only judges are authorized to issue Warrants of Arrest.
e. A Warrant of Arrest is no longer needed if the accused is already under
detention. An Order of Commitment is issued by the judge in lieu of the
Warrant of Arrest.
f. The following are immune from arrest:
(1) A Senator or Member of the House of the Representatives while
Congress is in session for an offense punishable by not more
than six years of imprisonment; and
(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic
Relations.
Warrant of Arrest
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The Warrant of Arrest is the written authority of the arresting officer


when making an arrest or taking of a person into custody in order that
he may be bound to answer for the commission of an offense.
The head of the office to whom the warrant of arrest has been
delivered for implementation shall cause the warrant to be
implemented within ten (10) days from receipt. Within ten (10) days
after the expiration of such period, the police officer to whom it was
assigned for implementation shall make a report to the judge who
issued the warrant and in case of his failure to implement the same,
shall state the reasons thereof.
ARRESTS WITHOUT A WARRANT
A peace officer or a private person may, without a warrant, arrest a
person:
a. When, in his presence, the person to be arrested has committed,
is actually committing, or is attempting to commit an offense;
b. When an offense has just been committed and he has probable
cause to believe, based on personal knowledge of facts or
circumstances, that the person to be arrested has committed it;
c. When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending, or
has escaped while being transferred from one confinement area
to another;
d. Where the accused released on bail attempts to leave the
country without court permission;
e. Violation of conditional pardon, punishable under Article 159 of
the Revised Penal Code as a case of evasion of service of
sentence; and
f. Arrest following a Deportation Proceeding by the Immigration
Commissioner against illegal and undesirable aliens.
RIGHTS OF A
INVESTIGATION:

PERSON

UNDER

ARREST

OR

CUSTODIAL

After the arrest of the suspect, the police officer shall immediately
inform him the cause of arrest and apprise him the Miranda Rights:
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You are now under arrest/custodial investigation for ______. You have
the right to remain silent and to have a competent and independent
counsel of your own choice, and if you cannot afford the services of
the lawyer, one shall be provided for free by the government. Any
statement made by you during investigation may be used for or
against you in any Court of Law of the Philippines. (These rights cannot
be waived except in writing and in the presence of a counsel) Do you
understand?
Note: It must be understood in the dialect known by the suspect.
PROCEDURES
Serving of Warrant of Arrest
1. Verify the validity of the warrant and request for an
authenticated copy from the issuing court ;
2. In serving the warrant, the police officer should introduce
himself and show proper identification;
3. Make a manifestation of authority against the person to be
arrested;
4. If refused entry, the police officer may break into any
residence, office, building, and other structure where the
person to be arrested is in or is reasonably believed to be in,
after announcing his purpose;
5. The police officer need not have a copy of the warrant in his
possession at the time of the arrest. If the person arrested so
requires, the warrant shall be shown to the arrested person as
soon as possible;
6. Secure the person to be arrested and use handcuffs for the
protection of the arresting officer, other individuals or the
arrested person himself;
7. Conduct thorough search for weapons and other illegal
materials on the person arrested and surroundings within his
immediate control;
8. Inform the person to be arrested of his rights under the law
(i.e. Miranda Warning and Anti-torture Warning);
9. No unnecessary force shall be used in making an arrest;
10. Confiscated evidence shall be properly documented with
the chain of custody of evidence duly and clearly established;
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11. Bring the arrested person to the Police Station for


documentation;
12. Make a Return of Warrant to the court of origin
13. Deliver the arrested person to jail/prison upon the issuance
of a commitment order of the court.
Effecting Warrantless Arrest
1. Freeze or restrain the suspect/s;
2. Make proper introduction as to identity and authority to arrest;
3. Inform the arrested person of the circumstances of his arrest and
recite the Miranda Warning and Anti-torture Warning to him;
4. Secure the person to be arrested and use handcuffs for the
protection of the arresting officer, other individuals or the
arrested person himself;
5. Conduct thorough search for weapons and other illegal materials
on the person arrested and surroundings within his immediate
control;
6. Confiscated evidence shall be properly documented with the
chain of custody of evidence duly and clearly established;
7. No unnecessary force shall be used in making an arrest; and
8. Bring the arrested person to the Police Station for further
investigation and disposition.
Duties of the Arresting Officer
a. It shall be the duty of the police officer implementing the Warrant
of Arrest to deliver the arrested person without delay to the
nearest Police Station or jail to record the fact of the arrest;
b. At the time of the arrest, it shall be the duty of the arresting
officer to inform the person arrested of the cause of the arrest
and the fact that a warrant had been issued for his arrest. The
arresting officer need not have the warrant in his possession at
the time of the arrest but after the arrest, if the person arrested
so requires, the warrant shall be shown to him as soon as
possible;

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c. When women or children are among the arrested suspect/s, the


arresting officer shall task the Womens and Childrens Protection
Desks (WCPD) officer or a policewoman who is familiar with
women and children protection desk duties to conduct the patdown search;
d.

In case of arrest without a warrant, it shall be the duty of the


arresting officer to inform the person to be arrested of his
authority and the cause of the arrest except when he flees or
forcibly resists before the arresting officer has the opportunity to
inform him or when the giving of such information will imperil the
arrest;

e. The person arrested, with or without warrant, shall be informed


of his constitutional right to remain silent and that any statement
he makes could be used against him. Also, that he has the right
to communicate with his lawyer or his immediate family and the
right to physical examination;
f. A person arrested without a warrant shall be immediately
brought to the proper Police Station for investigation without
unnecessary delay. He shall be subjected to inquest proceedings
within the time prescribed in Article 125 of the Revised Penal
Code (RPC);
g. No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against an
arrested person. The bringing of arrested persons to secret
detention places, solitary confinement and the like is prohibited;
h. If the person arrested without a warrant waives his right under
the provisions of Art 125 of the Revised Penal Code, the arresting
officer shall ensure that the former signs a waiver of detention in
the presence of his counsel of choice; and
i. If the person arrested waives his right against self-incrimination
and chooses to give his statement, the arresting officer shall
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ensure that the waiver is made in writing and signed by the


person arrested in the presence of a counsel of his own choice or
a competent and independent counsel provided by the
government.

PHYSICAL EXAMINATION OF ARRESTED PERSON/SUSPECT


Before interrogation, the person arrested shall have the right to
be informed of his right to demand physical examination by an
independent and competent doctor of his own choice. If he cannot
afford the services of a doctor of his own choice, he shall be provided
by the State with a competent and independent doctor to conduct
physical examination. If the person arrested is female, she shall be
attended to preferably by a female doctor.
SEARCH AND SEIZURE
Requisites for the Issuance of Search Warrant
A search warrant shall be issued only upon probable cause in
connection with one specific offense to be determined personally by
the judge after examination under oath or affirmation of the
complainant and the witnesses presented. The search warrant shall
particularly describe the place to be searched and the things to be
seized which may be anywhere in the Philippines.
a. The following properties may be the objects of a search warrant:
(1) Properties which are the subject of the offense;
(2) Stolen, embezzled proceeds, or fruits of the offense; and
(3) Objects including weapons, equipment, and other items used or
intended to be used as the means of committing an offense.

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b. Objects that are illegal per se, even if not particularly described in
the search warrant, may be seized under the plain view doctrine.
Validity of Search Warrant
a. The warrant shall be valid for ten (10) days from date of issuance
and may be served at any day within the said period. Thereafter,
it shall be void.
b.

If, in the implementation of the search warrant, its object or


purpose cannot be accomplished in one day, the search can be
continued the following day, or days, until completed, provided it
is still within the ten (10)- day validity period of the search
warrant.

c. If the object or purpose of the search warrant cannot be


accomplished within the ten (10)-day validity period, the
responsible police officer conducting the search must file, before
the issuing court, an application for the extension of the validity
period of said search warrant.
Time of Search
The warrant should be served during daytime, unless there is a
provision in the warrant allowing service at any time of the day or
night.
Applications for Search Warrant
All applications for Search Warrant shall be approved for filing by the
Chief of Office. The application shall indicate the following data:
a.
b.
c.
d.
e.
f.

Office applying for the Search Warrant;


Name of officer-applicant;
Name of the subject, if known;
Address/place(s) to be searched;
Specific statement of things/articles to be seized; and
Sketch of the place to be searched.

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All approved applications shall be recorded in a log book, duly


maintained for the purpose, indicating the name of the applicant,
name of the respondent, nature of the offense, and date of the
application.
Authority of Police Officers when Conducting Search
In the conduct of search, if after giving notice of his purpose and
authority, the police officer is refused admittance to the place of
search, he may break open any outer or inner door or window or any
part of a house or anything therein to implement the warrant or
liberate himself or any person lawfully aiding him when unlawfully
detained therein.
Prohibited Acts in the Conduct of Search by Virtue of a
Search Warrant
a. Houses, rooms, or other premises shall not be searched except in
the presence of the lawful occupant thereof or any member of his
family or, in the absence of the latter, in the presence of two (2)
witnesses of sufficient age and discretion residing in the same locality.
b. Lawful personal properties, papers, and other valuables not
specifically indicated or particularly described in the search warrant
shall not be taken.
Inventory and Delivery of Property Seized
a. The police officer who confiscates property under the warrant
shall issue a detailed receipt of property seized to the lawful
occupant of the premises, or in the absence of such occupant,
shall do so in the presence of at least two (2) witnesses of
sufficient age and discretion residing in the same locality;
b. The receipt shall likewise include items seized under the Plain
View Doctrine.
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c. The police officer must then leave a receipt in the place in which
he found the seized property and a duplicate copy thereof with
any barangay official having jurisdiction over the place searched.
d. The police officer must forthwith deliver the property seized to
the judge who issued the warrant, together with an inventory
thereof, duly verified under oath.
VALID SEARCH AND SEIZURES WITHOUT SEARCH WARRANT
a. Search made incidental to a valid arrest
A person lawfully arrested may be searched for dangerous
weapons or anything which may be used or which may constitute proof
in the commission of an offense, without a search warrant. The
warrantless search and seizure as an incident to a lawful arrest may
extend beyond the person of the arrested to include the premises or
surroundings under his immediate control.
b. Search of moving vehicles
If the police officers who will conduct the search have reasonable
or probable cause to believe, before the search, that either the
motorist is a law offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be searched, the
vehicle may be stopped and subjected to an extensive search.
c. Seizure of evidence in plain view
Any object in the plain view is subject to seizure and may be
introduced as evidence. Requirements under the Plain View Doctrine
are:

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(1) The police officer must have prior justification for an intrusion or,
otherwise, must be in a position from which he can view a particular
area;
(2) The discovery of the evidence in plain view is unintentional; or
(3) It is immediately apparent to the police officer that the item he
observes may be evidence of a crime, contraband, or is a valid subject
of seizure.
d. When there is waiver of the right or there is consented
search
To constitute a waiver of this constitutional right, it must appear, first,
that the right exists; second, that the person involved had knowledge,
either actual or constructive, of the existence of such right; that said
person had an actual intention to relinquish the right.
e. Searches Under Stop and Frisk Rule
The police officer has the right to stop a citizen on the street,
interrogate him, and pat him for weapons whenever he observes
unusual conduct which convinces him that a criminal activity exists.
f. Emergency and Exigent Circumstances
A search warrant could be validly dispensed with in cases of exigent
and emergency situation, and the police officers have reasonable
grounds to believe that a crime is being committed, and they have no
opportunity to apply for a search warrant from the courts because the
latter were closed.
g. Tipped Information
If the police officers have reasonable grounds to believe that the
subjects are engaged in illegal activities, the tipped information is
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sufficient to provide probable cause to effect a warrantless search and


seizure.
B.
The action of initiating a meticulous inquiry to a formal
complaint filed by the private aggrieved party or public complainant
after the fact of the incident, but no arrest can be legally effected
against the suspect as the circumstances attendant thereto are not
those specifically allowed by law, is what is called Police
Investigation.
PHASES OF INVESTIGATIONS
The main objective of a police investigator is to gather all facts in order
to:
A. Phase I - identify the suspect/s through
1. Confession, as defined in Section 29, Rule 130, Rules of
Court, is: The declaration of an accused expressly acknowledging his
guilt of the charged, may be given in evidence against him.
Voluntary, for purposes of confession, means that the
accused speaks of his free will and accord, without inducement of any
kind, and with a full and complete Knowledge of the nature and
consequences of the confession, and when the speaking is so free from
influences affecting the will of the accused, at the time the confession
was made, that it renders it admissible in evidence against him
(Whartons Criminal Evidence, Sec. 631[a], as cited in page 222,
Evidence, by RJ. Francisco).
2.
Admission an admission is a voluntary
acknowledgement in express terms or by implication, by a party in
interest or by another whose statement he is legally bound, against his
interest, of the existence or truth of a fact in dispute material to the
issue.
Admission may either be express or implied. Admission may
also be classified as judicial admission or extra judicial admission.

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Express admission is one made in express terms in definite,


certain and unequivocal language. Implied admission are those who
may be inferred from the acts, declaration or omission of a party.
Judicial admission are admissions made in a judicial
proceeding. Thus, Sec 4, Rule 129, of the Revised Rules of Court,
expressly provides: - An admission, verbal or written made by a party
in the course of the proceedings in the same case does not require
proof
3. Eyewitness testimony the ideal identification is made
by an objective person who is familiar with the appearance of the
accused and who personally witness the commission of the crime.
4.
Circumstantial evidence - in the absence of a
confession and eyewitness, the identification of criminal may be
established indirectly by proving other facts or circumstances from
which, either alone or in connection with other facts, the identity of the
perpetrator can be inferred. Evidence of this nature, usually falls into
the following circumstances.
a. Motive can be defined as some inner drive, impulse,
intention, etc., that causes a person to do something or act in a certain
way. It may be inferred from circumstances and from the statement of
witnesses that the suspect could have been motivated by a desire for
revenge or personal gain, or jealousy.
b. Opportunity is a circumstance which made it possible
physically for the suspect to commit the crime; or in other words, being
in a position to commit the offense. He must have the access to the
scene of the crime, or have been in the vicinity and have the means
available to commit the crime.
c. Intent is the accomplishment of the act and where it
is an element in the commission of an offense, it must always be
proved. To show the identity of the criminal, intent must establish that
the criminal is aware of the consequences of his acts.

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5. Associate evidence the physical evidence found at the


scene of the crime and during the course of the investigation may
serve to identify the criminal by means of clue materials, personal
property, or the characteristic pattern of procedure deduced from the
arrangement of objects at the crime scene.
(Sec.1, Rule 130, Rules of Court, as amended), explained.
Object (real) evidence or Physical evidence is the evidence of the
highest order. It speaks more eloquently than a hundred witnesses
(People vs. Parcilla, 167 SCRA 722). This is the best form of evidence.
The handgun used in killing the victim is the best evidence in
a case of homicide or murder. In a case of robbery, the force upon
things like forced entry to the window shown by broken jealousy or the
recovered stolen articles found in the possession of the suspect are the
best physical evidence.
B.

Phase II - Locate and apprehend suspect/s

The second phase of Investigation is concerned with locating


and apprehending the offender. This is not only frustrating but
dangerous on the part of the investigator. Locating and apprehending
the suspect/s can be done through the use of informants, by
conducting surveillance, and by conducting undercover assignments.
C. Phase III - Gather and provide evidence to establish the guilt
of the accused.
In proving the guilt of the accused in court, the fact of the
existence of the crime must be established; the accused must be
identified and associated with the crime scene; competent and credible
witnesses must be available; and physical evidence must be
appropriately identified. The investigator must know by heart the
elements of a specific crime.
TOOLS OF AN INVESTIGATOR
1. Information Data gathered by an investigator from other
persons including the victim himself and from:
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1. Public records
2. Private records
3. Modus Operandi file
2. Interview Skillful questioning of witnesses and suspects.
3. Instrumentation Scientific examination of real evidence,
application of instrument and methods of the physical sciences in
detecting crime.
INFORMATION
A. Information Data gathered by an investigator from other
persons including the victim himself and from:
1. Public records- information gathered from records and
files of the Police, other law enforcement agencies, Company records,
Public Hospital records and others.
2. Private records- information gathered from cultivated
sources such as paid informants, bartenders, taxi drivers, and vendors
and from the internet such as facebook, and others.
3. Modus Operandi file- information gathered from a CCTV
camera, witnesses, and arrested suspect/s, and from Police and other
law enforcement files.
An effective criminal investigation requires accurate
information. Information is required about the characteristics and
peculiarities of previous cases similar to the one under current
investigation; guidance towards suspect identification, development of
leads. Of the three tools of investigation, Information is the most
important since it answers the question- WHO IS THE VICTIM? If
identified, and WHO DID IT? so as to the identity of the suspect.
For purposes of investigation, INFORMATION is anything that
tells us something, whether, corrector incorrect. This is a general term
that refers to any facts, statements or materials surrounding the
commission of a crime. If the information is of such nature and quality
that it could further advance the investigation, that information is

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called a LEAD. When there are no more leads to develop, it is said that
the investigation is facing a BLANKWALL
The following are other sources of information:
A. Persons
B. Places
C. Things
A. Persons these are individuals who may be:
1. Victims the direct recipients of the crime itself who suffered
direct or indirect loss/injury as a consequence thereof
2. Complainants persons who informs the police of a crime and
demands that something be done about it.
3. Witnesses third persons who have personal knowledge of
relevant facts surrounding a crime.
4. Informers/Informants furnishes information relative to a crime
either voluntarily or for a consideration
5. Suspects person who is accused as the author of the crime
Types of Informants
1. Volunteer informants - knowingly give information
2. Involuntary informants those who do not desire or do not what
to
3. Confidential informants - identity shall not be revealed
4. Special informants
- who without concealment supply
information
5. Anonymous informants - those refuse to divulge their identity
Types of Informers
1. Common or Ordinary Informer - openly give information but
expects something in return
2. Confidential Informer - identity shall not be divulge and expects
compensation investigator should know many people and
develop people of importance their development lies in the hand
of the investigator
Methods of Surveillance
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1. Stationary Surveillance- the continuous watching from one or


more fixed points
2. Mobile Surveillance-following the subject on foot or by vehicle,
- it may be classified as close or loose
- subject , is kept under observation at all times
- subject is watch apart of the time or his activities are spotchecked
Foot Surveillance
1. ABC Method of Foot Surveillance three (3) personnel are
needed
2. Leap Frog Method
used after the subject created an
observable pattern of action
3. Spot - subject is placed under a limited time and place
B. Places places as a source of information generally refers to the
SCENE OF THE CRIME (locus criminis). It is important for the
investigators to locate the true crime scene because it contains the
highest concentration of physical evidence and possible witnesses of
its commission. Crime scenes may be:
1. Primary Crime
committed.

Scene the

place

where

the

crime

was

2. Secondary Crime Scene the place where the crime was


continued.
3. Pseudo Crime Scene a crime scene staged to mislead, coverup, or conceal what really happened.
For example: A shot B in Room 69 of Manila Hotel. Afterwards, A
placed the body of B inside the baggage compartment of a blue Toyota
Vios and dumped the body in Smokey Mountain where it was later
found.
Room 69 of Manila Hotel is the primary crime scene.
The Toyota Vios and the Smokey Mountain where the body was found
are secondary crime scenes.
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What if instead of dumping Bs body in the Smokey Mountain, A made


it appear as if B committed suicide inside the car and falsified a suicide
letter? That is called Pseudo (False) Crime Scene.
Please take note that all crime scenes must be processed, whether
primary, secondary or pseudo. However, it must be stressed that
importance must be given to locating the primary crime scene.
C. Things the last but certainly not the least source of information are
things. Things are any tangible objects found at the crime scene or in
possession of the suspect. These are objects of evidentiary value. The
investigative classification of evidence is more technical and is
somewhat different from the classification of evidence under the Rules
of Court. Nevertheless, they are related to one another. Things include
the following:
1. Trace evidence minute evidence found at the crime scene
which places the suspect on scene such as fingerprints, shoe
imprints, cigarette butts, spermatozoa (Criminal Investigation,
Hess & Orthman). Trace evidence may include evidence which
indicates the whereabouts and movements of the suspect, such
as hotel guest lists, plane tickets, ATM withdrawals, and the likes
(Swanson, Chamelin & Territo)
2. Associative evidence evidence found in the suspect which
places him at the crime scene, such as bite marks, tools, &
bloodstained shirts. There are also special types of associative
evidence called:
a. Souvenir part of the crime scene which the suspect
intentionally took as a remembrance, such as the underwear of a
rape victim.
b. Trophy part of the body of the victim which the suspect
intentionally took as a memento, such as the pubic hairs of the
rape victim
3.
4.
5.
6.

Evidence with class characteristics.


Evidence with individual characteristics.
Fruits of the crime.
Tools used in the commission of the crime

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INTERVIEW
1. Interview defined is the questioning of person who is
believed to possess a knowledge that is of official interest to the
investigator.
2. Importance interview in crime investigation is very important
as the person interviewed usually gives his account of an incident
under investigation or offers information concerning a person being
investigated in his own manners and words.
3. Qualification of the Interviewer He must possess insight,
intelligence, persuasiveness and should possess forcefulness of
personality. He should have the qualities of a salesman, an actor and a
psychologist.
4. Planning the Interview In planning an interview, the
investigator should as a general rule, select a place which will provide
him a psychological advantage and a conduct the questioning as soon
as possible after the occurrence.
5. Preparation of the Interview Before interviewing a witness,
the investigator should mentally review the case and consider what
information the witness can contribute. If the importance of the case
warrants, he should acquaint himself of the background of the witness.
6. Opening the Interview After showing his credentials the
interviewer should open with a few friendly remarks. When he feels
that the witness is in communicative mood, the interviewer should turn
the conversation toward the witness knowledge of the case under
investigation.
7. The Questioning
a.) After the witness has told his story without interruption,
the investigator should review with him and request him to
amplify certain points.

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b.) The interviewer should dominate the interview. Do not


allow the witness to be asking questions. Do not fumble. You
must have reasons for every question asked.
c.) The interviewer should go step by step in learning all
the details concerning the planning, commission and what
happened after the crime was committed. Do not move to the
next topic until after you have exhausted each of the topic.
d.) Avoid leading or misleading question. Wait for the
answer to one question before asking a second one. Important
questions should be in a tone of voice similar with that of
unimportant ones.
As a rule, avoid trick or buffing e.) questions. If it is necessary to
inquire into the past history of the interviewee and touch upon
something unpleasant, it is wise to use introductory remarks.
8. Closing the Interview The interview should analyze before
closing the interview if what he has learned has attained his objective.
The interviewer should always leave the door open for a re-interview.
Interview Skillful questioning of witnesses and suspects.
Interview in crime investigation is very important as the
person interviewed usually gives his account of an incident under
investigation or offers information concerning a person being
investigated in his own manner and words.
In planning an interview, an investigator as a general rule,
select a place which will provide him with a psychological advantage.
He should conduct the questioning as soon as possible after the
occurrence.
A Philosophy of Interview:
The RIGHT officer
Asking the RIGHT questions
in the RIGHT manner
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At the RIGHT time and in the RIGHT


Place Will get the RIGHT answers
In processing persons as sources of information, the
investigator generally conducts an INTERVIEW a friendly and
cooperative conversation for the purpose of obtaining as much
relevant information as the source can possibly give under the
circumstances.
However, when the subject is the suspect himself or a
hostile/uncooperative
witness
the
conversation
is
rather
confrontational and is called INTERROGATION.
With respect to the suspect, interrogation is valid only if made
in compliance with MIRANDA RIGHTS.
Planning the interview.
The interviewer must have a general knowledge of the crime
before he could start asking intelligent questions and illicit useful
information from the interviewee. He must first gather the general data
and start from there.
These data involves the basic 5W and 1H of criminal
investigation:
1.
2.
3.
4.
5.
6.

What?
Where?
When?
Who?
Why?
How?

Thus, assuming that a homicide was reported and you are the
criminal investigator. On site you must establish the following facts:
1.
2.
3.
4.
5.

What is the nature of the case?


Where was it committed?
When did it happen?
Who are the persons involved?
Why did it happen?

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6. How was it committed?


If after the above preliminary inquiries you have gathered that
the crime involved death reportedly committed in Basak, Lapu lapu
City, on Auguts 1, 2013 at 10:00 PM resulting to the death of one
Mr. Juan dela Cruz who bore a single gunshot wound in the head from a
.45 pistol, a bullet & a spent shell from .45 was recovered from the
scene and sent to the laboratory, at the time of the commission, it
initially appears that no one saw the actual shooting. You must frame
your questions from the above KNOWN facts. Your purpose in
interviewing is to reveal UNKNOWN facts facts that needs to be
developed further. Suppose you came across a tanod who responded
to the scene first, you may ask him the following questions based on
the above known facts:
1. You were one of the first tanods who responded to the alarm
first? Ans. Yes
2. Whats your name? Ans. Pedro dela Calzada
3. How did you come to know of the killing? Who reported it to you
and where do he lives? Ans. We received a phone call from Mario
Ortiz regarding a shooting incident which he saw happen in front
of his house. He lives just across the street where the body of
the victim was found.
4. When you arrived, what was the situation on site? Ans. People
were panicking and pointed towards Marigondon where the
suspect fled on board a Yellow Honda XRM.
5. Did anybody saw the plate number of the motorcycle? Ans. No
sir.
6. The victim Mr. Juan dela Cruz, is he known to you? Does he have
known enemies? Ans. Yes sir, I know the victim. He has no known
enemy in our barangay but he had an altercation with a certain
Jack Tattoo from Marigondon because of a woman.
7. Who is this woman? Ans. The girlfriend of the victim sir, her
name is Angel from Tacloban. Based on the following questions
as framed by the investigator, several unknown facts were
revealed: first, there was an eyewitness named Mario Ortiz;
secondly, victim had an earlier altercation with a certain Jack
Tatoo from Marigondon because of possible love triangle with
Angel from Tacloban; third, the shooter rode a Yellow Honda XRM
motorcycle; fourth, the suspect fled towards Marigondon; and
finally, what if ballistic test shows that the .45 pistol used
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belonged to a certain Jack Tattoo? Would you consider this


coincidence important? You now have several leads (information
that can further advance the investigation). You must follow
these leads until the identity of the accused is established
beyond reasonable doubt. Otherwise, you will face a blankwall.
Note: Ideal investigators are naturally inquisitive and suspicious
(without showing it to the subject).As the he becomes more seasoned,
framing questions that elicits the most information from the source
becomes almost automatic by experience. That is why investigation is
considered both a SCIENCE and an ART.
CHARACTERISTICS OF A GOOD INVESTIGATOR
Not all police officers are fit for detective or investigative works. A good
candidate for investigative assignment must possess adequate
Intellectual, Emotional and Physical characteristics (Bennet & Hess,
Criminal Investigation, 1995 Edition).
I.

Intellectual Characteristics investigators must be able to sort out


facts from fictions in dealing with various kinds of information. He must
learn how to use inductive and deductive reasoning, use a logical
process of elimination, be familiar with the common knowledge and
motivations of men, and be able ask probing questions. He must do all
of this while being able to retain information. On top of this, he must
prepare his report in a well arranged casefolder.
The investigator also has the initial responsibility to recommend what
offense to charge. He therefore must have a thorough understanding of
the penal laws of the land. He is also expected to be well-versed on the
procedures for filing of complaint, application for Search Warrant,
testimony in court, making of affidavits, etc. In addition, he must be
able to identify the evidentiary value of materials and information he
comes across in the course of his investigation. All of these require
more than an average intellectual capability.
Investigator must try and apply it to their work. They must know the
elements of crime understand and be able to apply investigative
techniques and be able to work with many different types of people.
Exceptional intelligence is not a requisite trait of an effective
investigator; objectively common sense is more important.
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II.

Emotional/Psychological investigators often encounter cases


which reveal the worst of human nature: father raping their own
daughters, children killing their own parents, neighbors stealing from
their own community, rapists who ravage and kill their own victims.
Investigators who lack emotional and psychological maturity will find
themselves personally affected by the cases they are handling. If
things get too personal for an investigator, he loses his neutrality and
objectivity by becoming too involved in the case. An emotionally
immature policeman may be susceptible to manipulation. Remember,
not all complainants are victims.
For instance: A complained that she was raped by B. Human nature
naturally feels sympathy for A, the complainant. But the investigator
must not be swayed so easily. He must be suspicious of the possibility
that A is lying and was motivated by revenge, hatred or spite against
B. Thus, a good investigator must have the diligence and
professionalism to independently gather facts. This doctrine is strictly
followed by the NBI.
Effective investigators are emotionally well balance, detached,
inquisitive, suspecting, discerning, self-disciplined and persevering.
Investigation is highly stressful and involves many decisions.
Therefore, it requires emotional stability.

III.

Physical Characteristics the least important but nevertheless


desirable characteristic is the ability to work long hours in the field
under challenging conditions. Oftentimes, detectives find themselves
working in remote areas where there are no ready access to food,
drinks and medicines.
There are instances where the terrain of the crime scene is physically
challenging such as a ravine or a deep well where the investigator may
have to climb up and down. Most of the time, crime scenes are
exposed to the elements, the sun, the rain, chemicals and even
infectious bacteria.
Effective investigators are physically fit and have a good vision and
hearing. Good health and high energy level are beneficial because the
hours spent performing investigative duties can be long and
demanding. In addition to being physically fit, investigators are aided
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by keen vision and hearing. If uncorrected, color blindness, and


farsightedness may impair investigative effectively. Hearing is
especially important when darkness limit vision. Keen hearing helps
estimate the nearness of a suspect, the movement of people, the
direction of gunfire and detonations. In addition, the investigators may
have to listen to words to hear a weak voice from a seriously wounded
or dying person.
QUALIFICATION OF INVESTIGATOR
1. Rapport good relationship between interviewer and the subject.
2. Forceful personality the interviewer may induce trust and
confidence by the strength of his character.
3. Breadth of interest it is necessary for the interviewer and the
subject to develop a meeting ground or interest.
4. Qualities of a salesman an actor and a psychologist must possess
insight, intelligence and persuasiveness.
STAGES OF INTERVIEW
1. Preparation - mentally review the case, background of witness
and provide checklist
2. Approach - identify himself to the witness
3. Warming-up - preliminary conversation should warm-up the
atmosphere, cordiality and trust
4. Questioning - start on points he want to illicit, elements of the
offense.
5. Guiding the Conversation - control the proceedings to have
complete information.
6. Corroboration - information obtain from others should be
correlated from others.

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7. In accuracies - points should be treated repeatedly by additional


questions. Honest mistake should be distinguished from
deliberate misrepresentation.
8. Techniques of Questioning - ask when the person is prepared
TYPES OF INTERVIEWEES
1. Know-Nothing Type reluctant to become witness; remedy is
extensive warm-up fallowed by persistent questioning.
2. Disinterested Type indifferent persons must be aroused.
3. Drunken Type - flattery will encourage the drunk to answer; not
advisable to take written statement.
4. Suspicious Type - fear must be removed and must apply
psychological pressure; let him think that his non-cooperation will
work against him.
5. Talkative Type - must shift talkativeness to those matter in useful.
6. Honest Witness - an ideal witness with little are and guidance
needed.
7. Deceitful Witness - he is permitted to lie and record it and inform
the witness of perjury of his lies.
8. Timid Witness - shy or frighten; employ friendly approach.
9. Boasting, Egoistic or Egocentric Witness - flattery are necessary
for he will be good witness because of his drive.
10.
Refusal to Talk Witness most difficult, persevere, neutral
topics must be first taken.
INTERROGATION
1. Interrogation defined:

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An interrogation is a questioning of a person suspected of


having committed an offense or of a person who is reluctant to
make a full disclosure of information in his possession which is
pertinent to the investigator.
2. Purpose of Interrogation:
a.) To obtain information concerning the innocence or guilt
of a suspect.
b.) To obtain a confession to the crime from a guilty
subject.
c.) To induce the subject to make admissions.
d.) To learn the facts and circumstances surrounding a
crime.
e.) To learn of the existence and location of physical
evidence such as documents or weapons.
f.) To learn the identity of accomplices.
g.) To develop additional leads for the investigation.
h.) To develop additional leads for the investigation.
i.) To discover the details of any other crime in which the
suspect participated.
3. Preliminary conduct
a) The interrogator should identify himself at the outset and state in
general the purpose of the investigation.
b) He must advise the support of his rights against self-incrimination and
inform him that he does not need to answer questions and that,
if he does answer, these answers can be used in evidence
against him.
c) He must inform the suspect of his right to counsel and that stateappointed counsel will be made available without cost to him if
he so desires, in any event, the interrogator may not question
the suspect, unless the suspect had definitely waived his right to
be silent. Ordinarily, the investigator should be alone with the
suspect, and of course, his lawyer, if he has requested counsel.
4. The Interrogation Room The room should provide
freedom from distractions. It should be designed for simplicity
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with a view to enhancing the concentration of both the


interrogator and the suspect on the matter under questioning.
5. Interrogation Techniques The following are some of the
techniques practiced by experienced investigators.
a.) Emotional appeals Place the subject on the proper
frame of mind. The investigator should provide emotional stimuli
that will prompt him to unburden himself by confiding. Analyze
subjects personality and decide what motivation would prompt
him to tell the truth; and then provide those motives by
appropriate emotional appeals.
b) Sympathetic approach The suspect may feel the
need of friendship. He is apparently in trouble. An offer of
friendship by small acts of kindness may win his cooperation.
c) Kindness The simplest technique is to assume that
the suspect is willing to confess if he is treated in a friendly
spirit.
d) Extenuation The investigator does not take serious a
view of subjects indiscretion.
e) Shifting the blame Obviously, the subject is not the
sort of person that is usually mixed up in a crime like this. The
interrogator could tell from the start that he was not dealing with
a fellow who is a criminal by nature and choice. The trouble with
the suspect lies in his little weakness He likes drinks, perhaps,
he is excessively fond of girls, or he has had a bad run of luck in
gambling.
f) Muff and Jeff Two (2) agents are employed. Muff, the
relentless investigator, who knows the subject is guilty and is not
going to waste any time. Jeff, on the other hand, obviously a kind
hearted man.
Unlike in interview where the purpose is to reveal unknown facts, the
purpose of interrogation is to confront the suspect with the evidence
already obtained
from
all
sources
(PERSONS,PLACES
&THINGS) in order to encourage the suspect to confess.
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Here, the investigator already has a clear picture of what really


happened. All that is left is to confront the suspect about his findings.
Before starting the interrogation, however, he must remember the
requirements of Miranda Rights and other pertinent laws such as RA
(Rights of a Person Arrested, Detained or Under Custodial
Interrogation) and RA 9745 (Anti-torture Act).
Miranda v. Arizona (Miranda Doctrine)
Facts of the case: A white woman reported to the Arizona police that
she was raped. The suspect was described by the victim as Mexican.
The police rounded up several suspects who fit the description and one
of them was Ernesto Miranda, a truck driver of Mexican descent who
does not speak English and doesnt know how to read or write because
he did not even finished grade school. When presented in a policelineup, the woman positively identified Miranda as the culprit.
During extensive interrogation, Miranda was made to sign a paper
without the assistance of counsel which turned out to be a confession
written in fluent English. On the basis of the signed confession,
however, he was convicted by the trial court.
Issue: Whether or not the conviction is proper.
Ruling of the US Supreme Court: The conviction is erroneous and
violates the Due Process clause of the American Constitution. Every
person accused of a crime has the right to be informed his right to
remain silent; that what he says or do may be used against him in a
court of law; he has the right to counsel, preferably of his own choice;
and if he cannot afford, one will be provided to him for free. An
accused who is not properly apprised of these rights can lawfully
contest the validity of any signed confession or statements, which, by
virtue of the coercive pressure exerted by veteran interrogators, he is
too intimidated or powerless to resist.
Note: MIRANDA VS STATE OF ARIZONA, Decided on June 13, 1966
On March 13, 1966, Ernesto Miranda was arrested for Kidnapping and
Rape. At the trial, the police officers admitted that Miranda was not
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advised of his rights to silence and to counsel. The confession of


Miranda was admitted into evidence over objection of the defense
counsel. Miranda was found guilty and sentenced from 20 to 30 years
imprisonment.
On appeal, the Supreme Court of Arizona held that Mirandas
constitutional rights were not violated in obtaining the confession and
affirmed the conviction. In reaching its decision, the Arizona Supreme
Court stressed the fact that Miranda had not specifically requested
counsel and therefore the doctrine in the Escobedo did not apply.
Miranda appealed to the U.S. Supreme Court and in a 5 - 4 decision,
the Court reversed the conviction and held that prior to interrogation
the person must be informed in clear and unequivocal terms that he
has the right to remain silent and to counsel; that should he choose to
speak, any statement he makes may be used in evidence against him;
and that should he choose counsel, it should be provided him.
Before the adoption of the 1973 Constitution, our Supreme Court
rejected the application of the Escobedo and Miranda Rules in this
jurisdiction thru the case People versus Jose L 28232, February 6,
1971, 37 SCRA 451, which is popularly known as the Maggie Dela Riva
Rape Case. Both the 1973 and 1987 Constitution adding stricter
provisions as cited above.
The 1935 Constitution, Article III (Bill of Rights, Section 1, para. 17,
provides: In all criminal prosecutions the accused shall x x x enjoy the
right to be heard by himself and counsel xxx. However, the term
criminal prosecution was interpreted by the court, in U.S. versus
Beeechman, 23 Phil 25 (1812) to mean proceedings before the trial
court from arraignment to rendition of judgment.
Consequently, during the custodial investigation the person under
investigation does not have the constitutional right to the services of
counsel (Under the 1935 Constitution).
Exceptions to the Miranda Rights:
1. When the accused freely and voluntarily waived this right;
2. Volunteered information when the accused, without waiving
this right and without the police initiating the questioning,
nevertheless volunteered information which contributed to his
conviction;
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3. When the conviction is partly based on available evidence other


than the confession of the accused; and
4. Inevitable discovery rule when the information furnished by the
accused is of such nature that the police would have discovered
it anyway, even in the absence of the confession, the accused
could still be convicted.
Techniques/Approaches in Interrogation
1. Bad cop/good cop technique a.k.a. Mutt & Jeff, Hot & Cold. In
this approach, one cop plays tough and intimidating while the
other plays soft and accommodating. The objective of the bad
cough is to lead the suspect to cooperate with the good cop.
2. Sympathetic approach best used for sensitive suspects who
commit crimes because of fits of jealousy or emotions. The
questioning here usually starts with I understand how you
felt, If I were on your situation, I would probably do the
same thing.
3. Reflective Interview Technique (Mirror technique) in this
approach, the investigator presents a psychological mirror to
the suspect and reverse the situation by making him
understand the feelings of the victim. The questioning here
are usually framed in this manner: How would you feel if it
was your own child that was killed?, The victims body is yet
to be found, dont you think the victim deserves a proper
Christian burial?, etc.
4. Cognitive interview technique in this approach, the
interrogator carefully examines the body-language of the
suspect in relation to his answers in order for the investigator
to determine whether or not the suspect is lying, evasive or
deceptive.
5. Intellectual approach - in this method of interrogation,
the
questioning is characterized with frankness and matter-of-fact
accusations. The suspect is confronted with hard, undisputed
facts
and
encouraged
to
weight
the
advantages
of cooperating rather than not-cooperating.
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6. Mixed approach the combination of any or all of the above


techniques.
Example
of
intellectual
approach:
In our previous imaginary case in our discussion in interview,
suppose you came face to face with Jack Tattoo and initiate
the following intellectual approach:
1. I am PO1 Devil from Cebu, are you Jack Tattoo? Ans. Yes I
am. Why do you ask?
2. You have the right to remain silent, etc. etc.
3. Jack, I have information that on the night of August 1,
2013, you went to Basak and shot Juan dela Cruz. I also
had information that several days before the shooting, you
quarreled with the victim because of Angel from Tacloban.
The victim died from a .45 Cal. Pistol registered in your
name. Witnesses saw the culprit ride a yellow Honda XRM
towards your barangay in Marigondon. I conducted a
background check at LTO and found you owned a yellow
Honda XRM motorcycle. If I were you, I would voluntarily
surrender and admit the crime so you can avail of
mitigating circumstances under the law. Even if you hire
the best lawyer you could find, I guarantee you will be
convicted.
Distinctions between Interview & Interrogations:
Interview
Friendly and Cooperative
Purpose
is
to
gather
unknown facts and/or verify
known facts
Does not require Miranda
Doctrine

Applies

to

Interrogation
Hostile and Confrontational
Purpose
is
to
obtain
confession

Miranda
Doctrine
is
required if the subject is the
accused. If subject is hostile
witness (uncooperative), no
Miranda
doctrine
is
required.
cooperative Applies to suspects and

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witnesses

hostile witnesses

Functions of the Investigators


A. Provide emergency assistance - If an injured person is on
the scene, arrange for medical attention, identification and removal.
B. Secure the crime scene - If the scene is not fully protected,
ensure its protection by using other policemen or other responsible
persons to keep witnesses, suspects and victim(s) who are present
from disturbing the scene
C. Recording - The investigator begins the process of recording
pertinent facts and details of the investigation the moment he arrives
at the crime scene. (He should record the time when he was initially
notified prior to his arrival). He also writes down the identification of
persons involved and what he initially saw. He also draws a basic
sketch of the crime scene and takes the initial photograph (if a
photographer is available, avail his services). This is to ensure that an
image of the crime scene is recorded before any occurrence that
disturbs the scene. As a rule, do not touch, alter or remove anything at
the crime scene until the evidence has been processed through notes,
sketches and photograph, with proper measurements.
D. Search for, obtain and process physical evidence;
1. Each crime is different, according to the physical nature of
the scene and the crime or offense involved. Consequently, the scene
is processed in accordance with the physical characteristics of the
scene and with the need to develop essential evidentiary facts peculiar
to the offense. A general survey of the scene is always made, however,
to note the location of obvious traces of action, the probable entry and
exit points used by the offender(s) and the size and shape of the area
involved.
2. The investigator must collect physical evidence with
adequate sampling considering the quantity available at the crime
scene and the amount needed for the laboratory test. He must also
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endeavor to collect standards or known samples for purposes of


comparison with those other physical evidences collected. The
evidence and the physical evidence collected must possess the
integrity as evidence and that it must not come in contact with other
substances to avoid contamination.
E. Taking of Sworn Statements of Suspects - The execution
of a suspects Waiver as stipulated in Art 125 of the RPC shall always
be done in the presence of his chosen counsel or any independent
counsel.
F. Taking Sworn Statement/s of the Witnesses
1.
Sworn Statement of Affidavit of complainant/s and
witnesses must be taken immediately by the investigator on- case.
2. Affidavit of arrest of arresting officer must be taken
immediately not later than 24 hours.
3. In inquest cases, the investigator on- case and the
arresting officer/s shall observe Art.125 of the Revised Penal Code.
G. Preparation of Reports and Filing of Charges
The Investigator- On- Case shall submit the following:
1.Spot Report within 24 hrs to Higher Headquarters;
2. Progress Report;
3. After Operation Report;
4. Final report after the case is filed before the Prosecutors
office or court; &
5. Accomplishment Report.
H. Follow-up of Case - The investigator shall conduct police
operation to identify and apprehend suspect/s based on the results of
the initial investigation conducted.
I.

Testify in court - The investigator shall endeavor to ensure their


attendance during court hearings. The appearance of the investigator
as a witness before a court of law is the final most severe test of his

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efficiency. The preparation of the case is made with the goal of


ultimate presentation before the judge constantly in view.
Duties of the Police During Custodial Investigation
a. The arresting officer, or the investigator, as the case may be,
shall ensure that a person arrested, detained or under custodial
investigation shall, at all times, be
assisted by counsel,
preferably of his own choice;
b. The arresting officer, or the investigator, as the case
may be, must inform the person arrested, detained or under custodial
investigation of the following rights under the Miranda Doctrine in a
language or dialect known to and understood by him:
(1) That he has the right to remain silent;
(2) That if he waives his right to remain silent, anything he says can
be used in evidence against him in court;
(3) That he has the right to counsel of his own choice;
(4) That, if he cannot afford one, he shall be provided with an
independent and competent counsel; and
(5) That he has the right to be informed of such rights.
c. If the person arrested, detained, or under custodial investigation has
opted to give a sworn statement, the arresting officer, or the
investigator, as the case may be, must reduce it in writing.
d. The arresting officer must ensure that, before the sworn statement
is signed, or thumb-marked if there is inability to read and to write, the
document shall be read and adequately explained to the person
arrested, detained or under custodial investigation by his counsel of
choice, or by the assisting counsel provided to him, in the language or
dialect known to him;
e. The arresting officer, or the investigator, as the case may be, must
ensure that any extrajudicial confession made by a person arrested,
detained or under custodial investigation shall be:
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(1) In writing;
(2) Signed by such person in the presence of his counsel; or
(3) In the latters absence, upon a valid waiver, and in the presence of
any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, priest,
imam or religious minister chosen by him. Failure of the arresting
officer, or the investigator, to observe the above mentioned procedures
shall render the extrajudicial confession inadmissible as evidence in
any proceeding;
f. The arresting officer, or the investigator, as the case may be, must,
under established regulations, allow the person arrested, detained, or
under custodial investigation visits by or conferences with any member
of his immediate family, any medical doctor, priest, imam or religious
minister chosen by him or by any member of his immediate family or
by his counsel, or by any local Non-Governmental Organization (NGO)
duly accredited by the Commission on Human Rights (CHR) or by any
international NGO duly accredited by the Office of the President. His
immediate family shall include his spouse, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece,
guardian or ward, and fianc or fiance; and
g. After interrogation, the person under custodial investigation shall
have the right to be informed of his right to demand physical
examination by an independent and competent doctor of his own
choice. If he cannot afford the services of a doctor of his own choice,
he shall be provided by the State with a competent and independent
doctor to conduct physical examination. If the person arrested is
female, she shall be attended to preferably by a female doctor.
The physical examination of the person under custodial investigation
shall be contained in a medical report, which shall be attached to the
custodial investigation report.

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C. Instrumentation Scientific examination of real evidence,


application of instrument and methods of the physical sciences in
detecting crime.
The most common use of instrumentation is in connection
with the physical evidence in the case and the limitation of this of this
tool of investigation are set by the clue materials and other traces
found at the scene of the crime. In a good percentage of cases, it will
be found that there is no physical evidence and that Instrumentation is
relatively unimportant. Theft and assault, for example, are usually
committed without leaving physical evidence in the form of traces. In a
Homicide, clue materials and other forms of physical evidence are of
paramount importance. Instrumentation is found most effective in
cases where physical evidence is important.
Instrumentation refers to the use of forensic tools in order to
advance the goals of investigation. Also called CRIMINALISTICS, this is
where investigation becomes strictly scientific. We will not discuss
each branch of Criminalistics here but you will find it in another set of
handouts where the details are best discussed.
However, it helps to run through them since instrumentation
is one of the three (3) Is of Criminal Investigation.
These are:
1. Legal Medicine;
2. Forensic Chemistry & Toxicology;
3. Personal Identification;
4. Firearms Identification (Forensic Ballistics);
5. Questioned Documents & Handwriting Examinations;
6. Polygraph Examinations; and
7. Police Photography
Note: Recent developments in forensic science were intentionally not
included because strictly speaking, these are just additional
developments of the above main forensic branches.
For example, Forensic Odontology (study of dental or teeth structure)
and Forensic Entomology (study of carrion insects found in a
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decomposing
body)
are just a branch of Legal Medicine. Likewise,
Deoxyribonucleic Acid or DNA examinations are part of Legal Medicine,
Forensic Chemistry & Personal Identification
CSI EFFECT
CSI Effect is a recent phenomenon in relation to criminal investigation
that results to an unrealistic expectations of the public in the conduct
of criminal investigation due chiefly to the popularity of fictional TV
shows such as CSI. Far from the glamorous depiction of detectives in
televisions and the movies, effective investigators are often involved in
hard work, risking their lives and limbs, and living anonymously far
from the lime lights often depicted in the movies.
CRIME SCENE PROCESSING
If all pieces of evidence are properly collected, handled and preserved
then the conduct of forensic examination will provide the much needed
information that may lead to the identification of the suspect/s in a
criminal case.
Proper processing of evidence at the crime scene would lead to the
conviction of the perpetrator of the crime.

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Flowchart of Crime Scene Processing

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Preparation
Investigative Procedure at the Crime Scene
1. Upon arrival at the crime scene
- Coordinate
- Recording/notes taking start
- Check preservation and security of the SC
- Conduct of visual survey
- Confirm status of victim and determination
evidence/ assessment
- Identification of command post and briefing

of

possible

Crime Scene Documentation


3 Methods
1. Photography and or video
2. Crime Scene Sketch
3. Notes Taking
Photography and or video
1.
2.
3.
4.
5.

From general to specific


Show entrance/ exit to the CS
Overlapping photograph
Close-up photograph with and without scale
Extreme close-up of minute evidence

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Crime Scene Sketch


Main Types of Crime Scene Sketch
1. Rough Sketch
2. Finished Sketch

Republic of the Philippines


Department of the Interior and Local Government
National Police Commission
PHILIPPINE NATIONAL POLICE
____________________________
SKETCH DETAILS AND MEASUREMENT
TITLE BLOCK
Nature of Case:
Requesting Party:
Victim/s:
Officer on Case:
Date & Time Sketched:
Place of Incident:
Weather Condition:
Sketched by:
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Witnesses: 1.
2.
Remarks:

Recommended Legend Symbols


Motor Vehicle

Explosion Crater

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Motor Cycle

Skid marks/ Tire prints

Tree

Shrubs

Fence

Utility

Post

North Direction

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PROCESSING THE CRIME SCENE


Crime scene operatives must first conduct a thorough walk-through
around the outermost boundaries of the crime scene. He must make an
initial determination of the entry point, exit point and contact points,
determine the size of the scene and extent of evidence distribution,
and plan the appropriate search pattern to use for that particular crime
scene.
Entry point is that part of the scene where the suspect gained access
inside a room, house or abuilding. Exit point, on the other hand, refers
to that part of the scene where he left, took flight or escaped. Contact
points are those part of the crime scene where the suspects body,
clothings or tools have disturbed, touched, made contact with, or
stepped into. Contact points may contain the suspects DNA,
fingerprints, shoeprints, etc.
The investigator must be cautious in approaching crimes scene for the
following reasons:
1. Unidentified suspects who may be armed and dangerous may still be
lurking around and could present a serious threat or harm to policemen
and bystanders;
2. Families of the victim whose emotions remain high may view the
investigators with contempt and hostility which could possibly result to
violence and altercations;
3. Evidence found at the crime scene may be fragile and susceptible to
destruction or cross-contamination before they can be properly
identified, photographed, packed and recorded, resulting to needless
destruction of vital evidence;
4. Crime scenes may contain chemicals, viruses, or bacterial
pathogens that may be harmful to humans, thus investigators must
have access to protective clothings, surgical masks, gloves, CBRN suits
(or CBN) refers to chemical, biological, radiological and nuclear , and
the likes;
5. Un-exploded bombs or ordnance may be found in the crime scene
which may be triggered when inadvertently disturbed;
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6. Difficult terrains may present natural or man-made hazards to field


investigators such as landslides, flooding, collapse of building,
electrocution,
etc.
Selecting
the
most
appropriate
search
pattern: The search pattern to be employed depends on many factors,
such as:
1. The crime committed and the type of evidence that can be found
(explosives, flammables, biohazards, or susceptible to rapid
deterioration)
2. The nature of the terrain (is it indoor or outdoor? Is it plain field
or mountainous? Is it bare or thick with vegetation? Etc.)
3. The size of the area to be searched.
4. The number of personnel available.
5. The tools and equipments of the search teams
6. The weather conditions
Note: No two crime scenes are alike. Each crime scene is unique,
thus different crime scenes demands different search plans to be
employed according to the circumstances of each location
However, the basic search patterns remains the same. As the
investigator becomes seasoned by experience, selecting the most
appropriate search pattern becomes almost automatic by mere
INTUITION or GUT-FEEL (kutob). That is another reason why
investigation is considered both a SCIENCE and an ART.
Documenting the Crime
Scene Crime scene documentation refers to the recording of all
available information surrounding a crime scene and all activities which
occurred therein. This is done by:
1. Photography
2. Video and voice recording (First allowed in the United States and
other foreign countries. With the advent of CCTV cameras,
Philippine courts now allow the introduction of videos as
evidence. The voice recording mentioned here refers to the voice
recording made by the investigator in order to aid his memory, in
case writing is not possible)
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3. Crime scene sketch showing the location of important items and


measurements of distance4.
Evidence log
1. Photographing the crime scene
Photographing the crime scene requires shots to be taken from
the following distances:
i.

ii.

iii.

Long range showing the scene with a prominent


landmark at the background to indicate its general
location. Long range photographs must be taken in four (4)
different ANGLES: front, right side, back and left side if the
photographer moves in a clockwise fashion; or front, left
side, back and right side if the photographer moves in a
counterclockwise fashion.
Medium range shots highlighting a spot appearing in
the long range shot. This may also be taken in order to
show the positions of several evidence relative to one
another (group picture
Close up shots indicating one specific evidence with
ruler or measuring device placed alongside the evidence2.
Crime Scene Sketches and Measurements
Sketches may be:
i.
ii.

Rough taken at the field.


Finished based on the rough sketch but finalized in
the office.

Sketches must describe the general floor plan of the room or the layout
of the field, if outdoor. The position of items found in the crime scene
must be shown as accurately as possible. Each evidence must be
identified by letters A to Z and described in a LEGEND appearing
below the sketch. The bearings must also appear on the sketch,
indicating
where
is
North,
South,
East
or
West. The sketch must also contain measurements.
Measurements
may be made by:
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i.
ii.
iii.
iv.

Straight Baseline method


Diagonal Baseline method
Triangulation method
Cross-projection method

Lastly, the sketch must bear the identity of itsmaker and signed by
him. Otherwise, it is considered hearsay.
Types of Crime Scene Sketch
a. Location/ Neighborhood sketch

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b. Floor plan/ Birds eye view sketch

c. Exploded sketch/ Cross projection sketch

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d. Elevation sketch

Type of Measurements
a. Triangulation Method

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b. Coordinate/ Angular method

c. Base line method

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d. Compass point method

54

4
5

e. Grid Method

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Notes taking

Time and date arrival at the crime scene.


Weather condition
Name of investigator, first responder and time of incident or
discovery of the incident.
Status and detail description of the victim as to body built,
height, gender, age, injuries, estimated time of death, clothing,
finger nails and other pertinent observation made.
Status of suspect if any and their personal circumstances.
Detailed written description of the crime scene with locations of
physical evidence and other pertinent observation noted.
The person who discovered and collected the physical evidence.
How the evidence was packaged and marked.
The disposition of the item when it was collected.
Take note of everything that will help you in preparing a narrative
report about how you process the crime scene.
The time and to whom you release the crime scene to the
investigator.

CRIME SCENE SEARCH


First to be observed before the searching start:
a. Determine what type of searching
appropriate to the crime scene.

patterns

is

most

b. Determine the number of searching team and members of the


searching team.
c. Mark/tags position of physical evidence with designated
evidence number.
Basic composition of the Scene of Crime Operation (SOCO)
1.
2.
3.
4.
5.
6.
7.

Team Leader
Crime Photographer
Crime Scene Sketcher
Recorder
Evidence Collector
Evidence Custodian
Medico-legal Officer

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8. Fingerprint Examiner/Technician
Methods of Crime Scene Search
1. Strip Search Method - the three (3) Searchers A, B, and C, proceed
slowly at the same pace along paths parallel to one side of the
rectangle.
2. Double Strip Search Method- the double strip or grid method of search
is a modification of the Strip Search Method. The rectangle is traversed
first parallel to the base then parallel to a side.
3. Spiral Search Method -the three searchers follow each other along the
path of a spiral, beginning on the outside and spiraling in toward the
center.
4. Zone Search Method -one searcher is assigned to each subdivision of a
quadrant, and then each quadrant is cut into another set of quadrants.
Wheel Search Method- the area is considered to be approximately
circular. The searchers gather at the center and proceed outward along
radii or spokes.

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Type of searching methods


a. The quadrant or zone method

b. Strip method

c. Grid or double strip method

d. Spiral method

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e. Wheel method

Collection of Physical Evidence


Things to consider before the collection of physical evidence start:
a. Determine what physical evidence to be collected first.
b. Determine what technique can be used.
d. Mark and package all physical evidence with complete data.
e. Inventory of evidence.
c. Labeling and marking of evidence.
Duties of First Responder and Investigator-on-case (IOC)
a. What to do when crime is reported:

Record date, time and place of crime reported


Name of Complainant/reporter and the victim
Other details to complete 5 Ws & 1 H
Record the weather condition
Verify the veracity of the report
Inform the superior officer or the duty officer

b. What to do upon arrival at the crime scene:


Secure/cordon the crime scene with police line
Evacuate injured persons to the nearest hospital
Prepare to take the dying declaration of the severely
injured victim/s
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Prevent entry/exit of any persons on the cordoned area


Look for witnesses and immediately conduct initial
interview
Take note of important facts for future reference
Prepare to brief the investigator/s of the incident upon their
arrival
c. What to do if the suspect/s still at the crime scene:
The team leader will effect the arrest of the suspect/s if he
is still at the crime scene
Inform superior office or duty officer and request for
reinforcement
Negotiate for the suspect/s to surrender
Upon arrest the suspect/s will be secured and separated
from other witnesses
d. What to do if the suspect/s had already fled:
Inform superior or duty officer
Obtain description of any getaway vehicle(take note of the
type, brand, model, color, etc)
Flash alarm for the possible route of escape and the
identity of the suspect/s
Conduct hot pursuit operations
Procedure in the proper turn-over of crime scene to the
Investigators and SOCO:
The team leader upon arrival at the crime scene will
received briefing from the first responder regarding the
incident
The team Leader shall immediately establish a command
post ideally located adjacent to the crime scene where the
evidence custodian stays and receives pieces of evidence
turned over to him
Initiation of preliminary survey, documentation of the crime
scene (photographs or use of video camera, crime scene
sketches) and conduct of final survey.
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Detailed search should be done in the proper collection of


physical evidences. Other evidence collector shall put
their initial, location and date of collection of the item and
turn it over to the evidence custodian for documentation
and safekeeping
In cases where the evidence encountered needs special
processing due to significant or sensational cases, the
Scene of the Crime Operation (SOCO) specialists of the
Crime Laboratory Group shall be requested
The team leader will release the crime scene if he is
satisfied that all the pieces of evidence have been
recovered
Temporary Release/Turn-Over of Crime Scene to the Chief of
Police:
In case where a CRIME SCENE needs further continuing
processing, the crime scene shall be temporarily turnedover to the COP with jurisdiction sealed and secured until
its re-entry and final turn-over to the Investigator-on-case.
Final Release/Turn-Over of Crime Scene to the Investigator-on
Case:
Ensure that appropriate inventory has been provided
Release is accomplished only after completion of the final
survey and proper documentation
Released the Crime Scene in writing with the notion that
there is only one chance to perform job correctly and
completely.
SCENE OF CRIME OPERATION (SOCO)
Scene of Crime Operation is a forensic procedure performed by trained
personnel of the PNP Crime Laboratory through scientific methods of
investigation for the purpose of preserving the crime scene, gathering
information, documentation, collection, and examination of all physical
evidence
SOCO FUNCTIONS
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It shall determine and delineate the crime scene.


It shall preserve and ensure the protection of the crime scene.
It shall conduct methodical search for all available evidence in the
crime scene.
It shall methodically document the crime scene.
It shall methodically collect and transport all available physical
evidence from the crime scene to the PNP Crime Laboratory for
purposes of appropriate forensic examinations.
As required, it shall present before any competent court and/or any
legally mandated agency its forensic findings and the expert
testimonies of the SOCO elements.
TEAM STRUCTURE
The team leader is responsible for the over function of the evidence
team. The team leader should assist in coordinating the other
members of the team and their job functions. Jobs may be
delegated or changes, so long as the job is completed properly and
the appropriate people are notified.
Team Leader
1. Assume control - ensure safety of personnel and security at
scene. Ensure personnel use appropriate protective equipment
and follow standard recommendations to protect them from any
health hazard which might be presented by blood or any other
human body fluid.
2. Conduct initial walk-through for purposes of making a
preliminary survey, evaluating potential evidence, and preparing
a narrative description.
3. Interview any witnesses, suspects etc.
4. Coordinate any arrests with other officers.
5. Ensure that sufficient supplies and equipment are available for
personnel.
6. Control access to the scene and designate an individual to log
everyone into the scene. Use crime scene tape or other control
techniques.
7. Continuously reevaluate efficiency of search during entire course
of operation.
8. Designate command post location, if needed, and ensure
exchange of information between search and investigative
personnel.
9. Determine search patterns, and make appropriate assignments
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for team members.


10.
Release the scene after a final survey and inventory of the
evidence has been done.
Photographer and Photographic Log Recorder
Photographs should be taken as soon as possible, to depict the
scene as it is observed before anything is handled, moved, or initiated
into the scene.
The photographs allow a visual permanent record of the crime
scene and items of evidence collected from the crime scene. There are
three positions or views that the crime scene investigator needs to
achieve with the photographs. Those views consist of overall scene
photographs showing the most view possible of the scene, mid-range
photographs showing the relationships of items and a close up of the
item of evidence.
A close up should be taken of items that have serial numbers, tags
and vin's. All stationary evidence where the photograph will be used to
assist in the analytical process should be taken using a tripod with the
proper lighting techniques for creating any needed shadows. A second
photograph adding a measuring devise should be taken of items where
the photo will assist in the analytical process.
1. Photograph entire area before it is entered.
2. Photograph victims, crowd, and vehicles.
3. Photograph entire scene with overall, medium and close-up
coverage, using measurement scale when appropriate.
4. Photograph major evidence items before they are moved;
coordinate this effort with Sketch Preparer, Evidence Recorder,
and Evidence Recovery Personnel.
5. Photograph all latent fingerprints and other impression evidence
before lifting and casting are accomplished.
6. Prepare photographic log and photographic sketch.
Sketch Preparer
Sketches are used along with the reports and photographs to
document the scene. A crime scene sketch is simply a drawing that
accurately shows the appearance of a crime scene.
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The sketch is simply drawn to show items, the position and


relationship of items. It does not have to be an architectural
drawing made to a scale, however it must include exact
measurements where needed. The advantage of a sketch is that it
can cover a large area and be drawn to leave Diagram immediate
area of scene and orient diagram with sketch.
1. Use a point of reference.
2. Set forth major items of evidence on sketch.
3. Designate and label areas to be searched and advise team
leader and all other search members of nomenclature for
designated areas.
4. Obtain appropriate assistance for taking measurements
and double check measurements.
5. Ensure necessary administrative information, such as scale
disclaimer (not drawn to scale), is recorded on sketch.
Evidence Recorder/Custodian
After the evidence has been photographed and sketched, the
evidence should be collected. The number cards used on individual
items of evidence should correspond to the photographic log,
evidence log and sketch.
1. Use gloves or other protective equipment to keep from
contaminating the evidence or endangering yourself.
2. Have significant evidence photographed before collection.
3. Describe evidence and its location on appropriate bag or
envelope.
4. Sign and date evidence container/maintain chain of custody.
5. Appropriately collect and package evidence to maximize
evidence integrity.
6. Maintain evidence log.
7. Use paper bags for items that can deteriorate in a sealed
container.
8. Prepare evidence recovery log.
9. Coordinate
evidence
nomenclature
with
the
Sketcher,
Photographer and Evidence Collector/processors.
10.
Record all evidence.
11.
Receive all evidence
12.
Undertake evidence packaging and preservation
13.
Maintain chain-of-custody of evidences.
14.
Coordinate transmittal of evidence to the concerned
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laboratory technical division for examination


Driver/Security
1.
Coordinate with the supply PNCO to ensure that the vehicle is
properly maintained
2.
Provide physical security to the SOCO elements and equipments
Evidence Processor/Collector
This generally refers to the different forensic specialists, who by
virtue of their specialization, are necessary to identify, collect,
examine, and present before the courts evidence at the crime scene.
The services of these forensic specialists shall be attached to the SOCO
Team depending on the SOCO requirements of the reported crime
scene. There are crime incidence where not all forensic specialists are
needed to process the scene.
Forensic Specialists
Forensic Specialists refer to the PNP Crime Lab personnel who by
academic preparation, series of specialized trainings, and/or
occupational exposure had acquired the required technical expertise in
any of the following PNP Crime Laboratorys core competencies:
1.
2.
3.
4.
5.
6.
7.
8.

Biological Science or any of its branches


Physical Science or any of its branches
Physical Identification
Firearms Identification
Fingerprint Identification
Document Examination
Polygraph Examination
Forensic Photography

SOCO PROCEDURES:
1. Preparation Prior to the Conduct of SOCO
1. Ensure the availability of packaging and collection materials necessary
for typical search circumstance.
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2. Prepare the preliminary format for the paperwork needed to document


the conduct of the search.
3. Discuss upcoming search with the involved personnel.
4. Make preliminary personnel assignments before arrival at scene, if
practicable.
5. Consider the safety and comfort of search personnel. Be prepared for
probable impediments which maybe poised by weather or terrain.
Ensure that basic crime scene search equipments are functional. These
should consist of the communication, lighting, first aid, and security
equipments.
6. Ensure that all SOCO Team elements tasked to enter the crime scene
must be wearing surgical gloves and other protective gears as maybe
necessary.
7. Assess the personnel assignments normally required to successfully
process a crime scene and ensure that such assignments are in
keeping with the training, experience, attitude, and aptitude of each
individual.
2. Crime Scene Approach
1. Be alert for discarded evidence.
2. Make pertinent notes about the condition of the Crime Scene based on
the systematic observation & scene assessment.
3. Establish frame-of-mind to take control of scene regardless of
circumstance observed on arrival.
4. Consider personnel safety.
3. Preliminary Crime Scene Survey.
1. The survey is an organizational stage to a planned search.
2. A cautious walk-through of the scene must be accomplished
by the Team Leader.
3. The SOCO Team Leader provides and ensures the operational
focus of the Team.
4. Select appropriate narrative description techniques that
should provide answers to the 5 Ws & 1H.
5. Organize methods and procedures needed to recognize
special problem areas.
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6. Identify and protect transient physical evidence.


7. Make an extensive narrative notes on the physical and
environmental conditions of the crime scene based on the
exact locations of items found thereat and condition of the
crime scene as received from the investigator on case.
4. Evaluation of Physical Evidence
1. This evaluation begins upon arrival at scene and becomes
detailed in preliminary survey stage.
2. Based on preliminary survey, establish evidence types most
likely to be encountered.
3. Ensure that collection and packaging equipment is sufficient
for task at hand.
4. Ensure that all personnel are aware of the great variety of
possible evidence.
5. Focus first on the easily accessible areas in open view and
progress eventually to possible out-of-view locations.
6. Consider whether the evidence appears to have been moved
inadvertently.
7. Evaluate whether or not the scene and evidence appears
intentionally contrived.

5. Narrative description of the Crime Scene


1. The narrative is a running, general terms description of the
condition of the crime scene.
2. Photography supplements narrative description of the
crime scene.
3. Do not permit narrative effort to degenerate into a sporadic
and unorganized attempt to recover physical evidence.
6. Crime Scene Photography / Videography
1. Begin photographing the crime scene as soon as possible.
2. Document the photographic effort with a photograph
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log.
3. Ensure that a progression of overall, medium and close-up
views of the scene is established.
4. Photograph evidence in place before its collection and
packaging.
5. Photograph items, places etc., to corroborate the statement of
witnesses, victims, suspects.
6. Take photographs from eye level, when feasible, to represent
scene as would be observed by normal view.
Prior
to
lifting
latent
fingerprints,
7.
photographs
Should be taken.

7. Sketch of Crime Scene


1. The diagram establishes permanent records of items conditions
and
distance/size
relationships

diagram
supplement
photographs.
2. Number designations on sketch should be coordinated with same
number designations on evidence log.
3. The sketch should contain sufficient measurements and details
to be used as a model for drawn to scale diagram, or indicate a
disclaimer if not drawn to scale.
8. Detailed Crime Scene Search
1. Conduct search in a general manner and work to the
specifics regarding evidence items.
2. Photograph all items before collection and enter notation in
photographic log.
3.
Mark evidence locations on diagram/sketch.
Do not handle evidence excessively after
4.
recovery.
5. Seal all evidence containers at the crime scene.
9. Physical Evidence Recording and Collection
1. Tag and photograph evidence in place before collection.
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2. Methodically record the recovered evidence. Mark


evidence (mark item itself whenever feasible)
3. Place identifying marks in evidence containers.
10. Final Crime Scene Survey
1. Discuss search jointly with all personnel for
completeness.
2. Double-check documentation to detect inadvertent
errors.
3. Check to ensure all evidence is accounted for before
departing the scene.
4. Ensure all equipment used in the search is gathered.
5. Make sure possible hiding places or difficult access
areas have not been overlooked in detailed search.
11. Turn-Over/Release of Crime Scene to Investigator-OnCase
1. Ensure that appropriate inventory has been provided.
2. Release the scene with the notion that there is only
one chance to perform the job correctly and completely.
3. Release is accomplished only after completion of the
final survey and proper documentation

Finishing the crime scene processing:


Final Survey:
The final survey is a review of all aspects of the search.
Discuss the search with all personnel.
Ensure all documentation is correct and complete. Photograph
the scene showing the final condition. Ensure all evidence is
secured.
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Ensure all equipment is retrieved.


Ensure hiding places or difficult access areas have not been
overlooked.
Release
Release the crime scene after the final survey.
Crime scene release documentation should include the time
and date of release, to whom released, and by whom released.
Ensure that the evidence is collected according to legal
requirements, documented, and marked for identification.
Consider the need for specialists such as a blood-pattern
analyst or a medical examiner to observe the scene before it is
released.
Once the scene has been released, reentry may require a
warrant.
The scene should be released only when all personnel are
satisfied that the scene was searched correctly and completely.
Only the person in charge should release the scene.

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Bibliography
Books
Atty. Artemio Jay G. Torredes, rCRIM. Fundamentals of
Criminal Investigation. CCC Criminology Review, Marasbaras, Tacloban
City.
DIDM Criminal Investigation Manual Revised 2010.
Module 1, Criminal Investigation Course. Introduction to
Crminal Investigation.
Module 2, Criminal Investigation Course. First Responder,
Investigator-On-Case and SOCO.
Revised 2013 PNP Police Operational Procedures.
SOCO Manual.
Terrorist Crime Scene Investigation Course Manual. AntiTerrorism Assistance Program. US Department of State.
Internet
https://www.scribd.com/doc/79803758/Fundamentals-of-CriminalInvestigation
https://www.scribd.com/doc/170878326/Fundamentals-ofCriminal-Investigation-pdf

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