St.

Thomas More School of Law and Business

Doclolero Ave., Maguspo East, Tagum City

CDI 3: Specialized Investigation 2 with Simulation on Interrogation and Interview

1st exam Coverage

ARREST
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
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.
Authority of the Arresting Officer when Making an Arrest
a. Police officer may summon assistance – A police officer making a lawful arrest may
verbally summon as many persons as he deems necessary to assist him in effecting
the arrest.
b. Right of a police officer to break into building or enclosure – A police officer in
order to make an arrest, with or without warrant, may break into a building or
enclosure where the person to be arrested is or is reasonably believed to be, if he is
refused admittance thereto after announcing his authority and purpose.
c. Right to break out from building or enclosure – Whenever a police officer has
entered the building or enclosure to make an arrest, he may break out there from,
when necessary, to liberate himself.
d. Arrest after escape or rescue – If a person lawfully arrested escapes or is rescued,
any person may immediately pursue to retake him without a warrant at any time and
in any place within the Philippines.
Procedures
a. 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;
(11) Bring the arrested person to the Police Station for documentation;
(12) Make a Return of Warrant to the court of origin; and
(13) Deliver the arrested person to jail/prison upon the issuance of a
commitment order of the court.
b. 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;
c. When women or children are among the arrested suspect/s, the arresting officer
shall task the Women’s and Children’s Protection Desks (WCPD) officer or a
policewoman who is familiar with women and children protection desk duties to
conduct the pat-down 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 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.

RA 7438

Important Features of RA 7438 (AN ACT DEFINING CERTAIN RIGHTS OF PERSON

ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE
DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS.)

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

Public Officers.

a. Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.

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

c. The custodial investigation report shall be reduced to writing by the investigating

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

d. Any extrajudicial confession made by a person arrested, detained or under custodial

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

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

f. Any person arrested or detained or under custodial investigation shall be allowed

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

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation"
to a person who is investigated in connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any violation of law.

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.
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 fi le, 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 fi ling by the Chief of
Office. The application shall indicate the following:
a. Office applying for the Search Warrant;
b. Name of officer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be searched;
e. Specific statement of things/articles to be seized; and
 f. Sketch of the place to be searched.
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;
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; and
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:
(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 sufficient to provide probable
cause to affect a warrantless search and seizure.

Admission and Confession

Confession
 Confession acknowledges the guilt of a person that he is the one who committed the
offense.
 implies a statement, which out rightly admits the suit. A confession is made by the person
under indictment, which proves a criminal offence, committed by him or her. Confession
refers to a formal statement by which the accused admits his guilt of a crime.
 Acknowledgement of guilt
Two Kinds of Confession
1. Voluntary Confession
 The accused speaks voluntarily 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, affecting the will of the
accused, at the same time confession was made.
2. Involuntary Confession
 Those confessions obtained through, force, threat, intimidation, duress
or anything that influence the act of the confessor (Justice RJ
Francisco Jr.).
Two Kinds of Confession
1. Judicial confession
 is made before the court of justice especially during arraignment when an accused
is asked by the judge whether he is guilty or not of the crime charged. Or it may
do during the trial of the case.
2. Extra-judicial confession
  Extra-judicial confession on the other note, is made out of court, one is during
custodial investigation when the accused is brought before the law enforcers for
an interrogation.
Extra-judicial confession to be admissible as evidence in court must be a) voluntary; b)
made with the assistance of a competent and independent counsel; c) express; and d) in writing.2
These requirements must be strictly complied and observed for a confession to be accepted as
evidence by the court. 
Admission
 It is a voluntary acknowledgment made by a party of the existence of the truth of certain
facts which are inconsistent with his claims in an action (Black‘s Law Dictionary, 5th
Ed.)
 Acknowledgement of the facts
 Admission is a mere acknowledgment of an accused that he may be in the crime scene
but not the one who committed the offense. He may not accept the liability for such crime
and may invoke defenses to sway the fault to others. But such admission may be used as
evidence against him during the trial of the case.
Two Types of Admission
1. Judicial Admission
 means an admission made by a party in a judicial proceeding relating to an opposing
party’s assertion, or a failure to officially dispute an assertion. Judicial admission
must be in writing except when they are part of the court record. 
2. Extra-Judicial Admission
 are statements made, adopted or authorized by a party-opponent beyond the
parameters of formal legal proceedings. Personal admissions occur when the party-
opponent actually makes the statements. Adoptive admissions take place when a party
embraces the statements of another. A final category consists of vicarious admissions,
which occur when another person makes statements as a representative of the litigant.

Interview and Interrogation

Interview
The method of obtaining information from another person who is aware that he is giving
wanted information, although he may be ignorant of the true connection and purpose of the
interview. An interview is the questioning of a person believed to be possessed knowledge that is
of official interest to the investigation.

Interrogation
Is the skillful 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 investigation.
The Philosophy of Interview and Interrogation
“The right officer asking the right questions in the right manner at the right time and in the right
place will get the right answer”
Requirements for a good interview and interrogation
 1. Know all available facts of the case.
2. Know the applicable law.
3. Go to the crime scene and have first-hand knowledge to check, among others, on the
veracity of an allege eyewitness(es).
4. For complicated cases, prepare a checklist of questions to be ask. There should be a
separate checklist of questions to every person to be questioned.
5. Schedule your interview or interrogation in a date and hour that does not conflict with
your other activities.
6. Be sure you have enough sleep and are relaxed at the time of the interview or
interrogation.
7. Select the right place.
8. Observe proper sequence and timing.
9. Observe privacy
10. Resort to tested methods of making one talk.
Interview
The method of obtaining information from another person who is aware that he is giving
wanted information, although he may be ignorant of the true connection and purpose of the
interview. An interview is the questioning of a person believed to be possessed knowledge that is
of official interest to the investigation.
Importance of Interview
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
investigation in his own manner and words.
Basic Assumptions:
Nobody has to talk to law enforcers. No law compels a person to talk to the police if he
does not want to. Therefore, people will have to be persuaded, always within legal and ethical
limits, to talk to law enforcers. This makes interviewing an art.
Golden Rule in Interview
“Never allow the interviewer to conduct nor let anyone to conduct an interview without prior
visit to the scene of the crime”
The Person Interviewed
Consider:
1. His ability to observe
2. His ability to remember
3. His ability to narrate
4. His mental weakness because of stupidity or infancy
5. His moral weakness because of drunkenness, drug addiction, his being a
pathological liar or similar factors
6. Emotional weakness springing from such source as family problems, hatred,
revenge, and love.
The Interviewer’s Personal Traits
a) He must be a practical psychologist who understands the human psyche and behavior.
b) He has a sincere interest in people. People who are reclusive generally are not good
interviewers.
c) He is calm has self-discipline, and keeps his temper.
d) He is courteous, decent and sensitive.
 e) He is self-assured and professional. He is tactful, i.e. he knows what to say and how to
say it.
f) He is cordial and agreeable, and never officious. But he should avoid over-familiarity.
g) He is purposeful, persistent and patient. Some people just cannot be rushed.
h) He is analytical.
i) He is flexible and cautious.
j) He is a good actor and conceals his own emotion.
k) He avoids third degree tactics and never deviate the fundamental principle that a person
must be treated according to humanitarian and legal precepts.
l) He keeps the rules of evidence in mind.
Planning an Interview
In planning an interview, the investigator should, 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.
In planning the interview, and interviewer should consider:
a) The facts of the case which have been established so far.
b) The information needed to complete the picture.
c) The source of information that may be consulted such as files and records.
d) The possibility of confronting the suspect with physical evidence.
e) The time available for the interview.
f) The time allowed by law.
Preparation of the Interview
Before interviewing a witness, the law enforcer should mentally review the case and
consider what information the witness can contribute. If the case requires it, he should acquaint
himself with the background of the witness.
Cognitive Interview
This is done by allowing the subject to narrate his account without interruption,
intervention or interference. It is only after the completion of the uninterrupted narration that the
investigator begins his direct and cross-examinations (Garcia 2004).
Time, Place and Surrounding Circumstances
a) It is not always possible to fix the time and place of an interview, but sincere memory in
short, it is basic that an interview with the witness and suspect(s) should take place as
soon as possible after the commission of the crime.
b) Interview of arrested persons should be made as soon as possible after the arrest.
c) Conduct interviews whenever possible in your own turf, i.e., your office.
d) Have an interview room where there will be privacy. It should be a plain room but not
bleak. There should be few furniture, and no distracting pictures, calendars or similar
items.
e) Arrange it so that there will be no interruption during the interview.
f) Suspects should be interviewed separately and out of sight and earshot of each other.
g) If there are two interviewers, let one man be the prime interviewer.
h) Arrange chairs so that window light falls on the interviewee and not on the interviewer.
i) The interviewer should adapt his speech to the style best understood by the subject. In
dealing with an uneducated subject, the interviewer should use simple words and
sentences.
 j) Straight-back chairs should be used for both subject and interviewer. Other types of
chairs induce slouching or leaning back, and such positions are not conducive to proper
interviews.
k) The interviewer should remain seated and refrain from pacing about the room.
Opening the Interview
a) The interviewer should identify himself and the agency to which he belongs.
b) He should try to seize up the interviewee and reach a tentative conclusion about his type,
then use the best interview approach.
c) He should keep in mind the provisions of law regarding the rights of people under
custodial investigation.
The Body of the Interview
a) The interviewee should be allowed to tell his own story in his own words without
interruption.
i. This allows for continuity and clearness
ii. Range of interview is broadened
iii. It helps the interviewee recall and relate events in their proper order
b) Interviewer should keep to the point at issue and should not wander too far from it.
c) Interviewer should be alert for hearsay information so he can question the interviewee on
the matter later.
d) Do not interrupt a trend of ideas by abruptly asking a question.
Questioning
a) Dominate the interview. Be careful not to allow the interviewee to be the one asking the
questions.
b) Do not ramble. Have a reason for every question asked.
c) Follow the order of time and bring the facts in that order. This technique is called
“chronological questioning” and is considered the easiest as people tend to think in terms
of what happened first, then second, then third. The interviewer should go step by step in
learning all the details concerning the planning and commission of the crime and what
happened after it was committed.
d) Exhaust each topic before moving on to the next.
e) Determine the basis for each material statement.
f) Keep your questions simple and understandable. Avoid double edged or forked questions.
g) The dangers of leading and misleading questions be borne in mind. A question which
suggests to the witness the answer which the interviewer desires is a leading question.
Questions which assume material facts that have not been proven are misleading
questions.
h) Wait for the answer to one question before asking a second one.
i) Ask important questions in the same tone of voice as the unimportant ones.
j) As a rule, avoid trick or bluffing questions.
k) Where it is necessary to inquire into the past history of the interviewee involving
something unpleasant, it is wise to use introductory remarks deploring the need for the
question and saying that it is one of the unpleasant but necessary duties of an officer.
Closing
a) Before closing the interview, the law enforcers should make a mental check of the
purpose of the interview and should analyze what he has learned, then decide whether he
has attained his objective. He should be guided in this respect by the 5 W’s and 1 H
(what, where, when, why, who and how).
b) Give thanks to the interviewee for his/her cooperation, and
 c) The interviewer should always leave the door open for re-interview.

Interrogation
Is the skillful 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 investigation.
Purpose of Interrogation
1. To obtain information concerning the innocence or guilt of a suspect.
2. To obtain a confession of the crime from the guilty suspect.
3. To induce the suspect to make admissions.
4. To know the surrounding circumstances of a crime.
5. To learn of the existence and location of physical evidence such as documents or
weapons.
6. To learn the identity of the accomplices/accessories.
7. To develop information leading to the fruit of the crime
8. To develop additional of any other crime in which the suspect participated.
Preliminary Conduct
At the outset, the investigator should first introduce himself and state in general the purpose of
the investigation. He must advise the suspect of his rights against self-incrimination and inform
him that he does not have to answer questions and that, if he does answer, these answers can be
used as evidence against him. He must inform the suspect of his right to counsel and that a state
appointed counsel will be made available without cost to him if he so desires. The interrogator
may not question the suspect unless the latter has definitely waived his right to be silent.
Ordinarily, the investigator should be alone with the suspect and, of course, the latter’s lawyer, if
he has requested counsel.
The Interrogation Room
The room should freedom from distractions. It should be designed simply to enhance the
concentration of both the interrogator and the subject on the matter under questioning.
Interrogation Techniques
1. Emotional appeals
 Place the subject in the proper frame of mind. The investigator should provide
emotional stimuli that will prompt the subject to unburden himself by confiding.
Analyze the subject’s personality and decide what motivation would prompt him
to tell the truth, and then provide those motives through appropriate emotional
appeals.
2. Sympathetic approach
 The subject may feel the need for sympathy or friendship. He is apparently in
trouble. Gesture of friendship may win his cooperation.
3. Kindness
 The simplest technique is to assume that the subject will confess if he is treated in
a kind and friendly manner.
4. Extenuation
 The investigator indicates he does not consider his subject’s indiscretion a grave
offense.
5. Shifting the blame
 The interrogator makes clear his belief that the subject is obviously not the sort of
person who usually gets mixed up in a crime like this. The interrogator could tell
 from the start that he was not dealing with a fellow who is a criminal by nature
and choice. The trouble with the suspect lies in his little weakness – he likes
liquor, perhaps, or he is excessively fond of girls, or he has had a bad run of luck
in gambling.
6. Mutt and Jeff
 Two agents are employed. Mutt the relentless investigator, who is not going to
waste any time because he knows the subject, is guilty. Jeff, on the other hand, is
obviously a kindhearted man.
Criminal Interrogation
1. Types of offenders and approaches to be used in dealing with them:
a. Emotional offenders
 Have a greater sense of morality. They easily feel remorse over what they
have done.
b. Non-emotional Offender
 Normally do not feel any guilt, so the best way to interrogate them is
through the factual analysis approach, that is, by reasoning with the
subject and letting him know that his guilt has already been, or will soon
be, established.
2. Interrogation of suspect whose guilt is decline or reasonably certain
a. Maintain an attitude which shows that you are sure of yourself when you
conclude that the subject is indeed guilty.
i. Don’t be very friendly with the subject and do not offer a handshake
ii. At the outset, accuse the subject of lying. If he reacts with your angers, this
usually indicates innocence. But if he remains clam, you can generally
conclude that your suspicion of guilt is confirmed.
iii. Interruption of questioning by the subject may indicate innocence. Silence
is equated with guilt.
iv. Do not allow the subject to repeatedly deny his guilt.
v. Assume that the subject is guilty and proceed to ask why he committed the
act, instead of wasting time on who did it.
vi. When interrogating a “big shot”, it may be useful to lower his status by
addressing him by his first name, instead of using a title of respect.
vii. Remember that one who is trained in criminal interrogation is easier to
question than on ordinary criminal since he has less confidence in himself
as a liar.
b. The subject should be made aware of the fact that the interrogator knows
information indicating his guilt and that the interrogator is not merely “fishing”
for evidence.
i. Pulsation of the carotid (neck) artery.
ii. Excessive activity of the Adam’s apple
iii. Avoiding the eyes of the interrogator, swinging over the other, foot-
wiggling, wringing of the hand, tapping of fingers, picking fingernails, etc.
iv. Dryness of the mouth
v. Swearing to the truthfulness of assertions. This is frequently used by guilty
subjects to strengthen their assertions of innocence.
c. Spotless Past Record – “Religious Man”
 These are asserted to support statement which the subject knows,
and realizes the interrogator know, to be false.
i. “Not that I remember” or “As far as I know” expression should be
treated as a vailed admission or half-truth.
d. Sympathized the subject by telling him that anyone else under similar conditions
or circumstance might have done the same thing.
 e. Reduce the subject’s guilt feeling by minimizing the moral seriousness of his
offense.
f. In order to secure the initial admission of guilt, the interrogator should possible
reason, motives or excuses to the subject.
g. Sympathized with the subject by:
i. Condemning his victim
 During the questioning, the interrogator should develop the notion
that the initial blame, or at least some of the blame, for the crime
rest upon victim.
ii. Condemning the suspect’s accomplice
 But the interrogator must be cautious so that his comments are not
misinterpreted by the subject as leniency or exculpation from
liability
iii. Condemning anyone else upon some degree of moral responsibility might
be placed for the commission of the crime.
h. In encouraging the subject to tell the truth, display some understanding and
sympathy:
i. Show sympathy through a pat on the shoulder (usually reserved for men
who are either younger than or the same age as the investigator, or
emotional offenders), or gripping the subject’s hand. Care must be taken
with female offender, who might consider any physical contract with the
interrogator as a sexual advance.
ii. Tell the subject that even if he was your own brother (or any other close
relative), you would still advise him to speak the truth.
iii. Convince the subject to tell the truth for his own moral or mental well-
being.
iv. The “friendly-unfriendly” act. This is much like the Mutt and Jeff system.
The difference is that this act seems more effective if done by asking
interrogator playing both roles.
i. Point out the possibility of exaggeration, have the subject situated himself at the
scene of the crime or in some sort of contact with the victim or the occurrence.
j. Early in the interrogation, have the subject situate himself at the scene of the
crime or in some sort of contact with the victim of the occurrence.
k. Seek an admission of lying about incidental aspect of the occurrence. By
achieving this, the subject loses a great deal of ground, bringing him nearer to the
confession stage, because he can always be reminded by the interrogator that he
has not been telling the truth.
l. Appeal to the subject’s pride by well-selected flattery or by a challenge to his
honor. Flattery is especially effective on women subjects.
m. Point out the usefulness of lying.
n. Point out the subject the grave consequences and futility of a continuation of his
criminal behavior.
o. Rather than seek a general admission of guilt, first ask the subject a question
regarding some for detail of the offense, or inquire as to the reason for its
commission.
p. When co-offenders are being interrogated and the previously described techniques
have been ineffective, play one against the other. This is effective because when
two or more persons have collaborated in the commission of a criminal offense
and are later apprehended for questioning, participant that one of them will “talk”,
in exchange for some leniency or clemency.
3. Interrogation of suspect whose guilt is uncertain
a. Ask the subject if he knows why he is being questioned
 b. Ask the subject to relate all he knows about the crime, the victim, and possible
suspects.
c. Obtain from the subject detailed information about his activities before, during
and after the occurrence under investigation.
d. Where certain facts suggestive of the subject’s guilt are known, ask him about
them rather casually and as though the real facts were not already known, to give
the subject an opportunity to lie. His answer will furnish good indication of his
possible guilt or innocence, and if he is guilty, his possible guilt or innocence, and
if he is guilty, his position becomes very vulnerable when confronted with the
facts possessed by the interrogator.
e. At various intervals, ask the subject certain pertinent questions in a manner which
implies that the correct answers are already known.
f. Refers to some non-existing incriminating evidence to determine whether the
subject will attempt to explain it; if he does, that is an indication of guilt.
g. Ask the subject whether he ever thought committing the offense or one similar to
it. If the subject admits he had thought about committing it, this fact is suggestive
of his guilt.
h. In theft cases, if the suspect offers to make restitution, that fact is indicative of
guilt.
i. Ask the subject whether he is willing to take a lie detector test. The innocent
person will almost always immediately agree to take particularly any test to prove
his innocence, whereas the guilty person is more prone to refuse to take the test or
to find excuses for not taking it, or for backing out of his commitment to take it.
4. General suggestion regarding the interrogation criminal suspects
a. Interview the victim, the accuser, or the discover of the crime before interrogating
the suspect.
b. Be patient and persistent. Never conclude an interrogation at a time when you feel
discouraged and ready to give up; continue for a little while longer.
c. Make promises when asked, “what will happen to me if I tell the truth?” A
promise of leniency or immunity may induce an innocent man to confess.
d. View with skepticism the so-called conscience-stricken confession.
e. When a subject has made repeated denials of guilt to previous investigators, first
question him, whenever circumstances permit, about some other unrelated offense
of a similar nature of which he is also considered to be guilty.
f. An unintelligent, uneducated criminal suspect, with a low cultural background,
should be interrogated on a psychological level comparable to be guilty.
5. Interrogation of witness and other prospective informants
a. Give the witness or prospective informant an assurance that the offender will not
harm him or any member of his family, and that there is a witness protection
program specially designed to meet the contingency when it becomes necessary.
b. If such witness or prospective informant refuses to cooperate with the police, try
to server any bond between him and the offender, and proceed to interrogate the
witness or informant as if he were the suspect.

References:
REVISED PHILIPPINE NATIONAL POLICE OPERATIONAL PROCEDURES (2013)
Effective Techniques in Criminal Investigation (2016) by Ret. P/Supt. Mario Baesa Garcia
R.A. 7438
https://cartojanolaw.com/index.php/blog/435-is-an-admission-a-confession-or-a-confession-an-
admission