CHAPTER TWO: HISTORY OF CRIMINAL INVESTIGATION AND RELEVANT LAWS

HISTORICAL FEATURES IN CRIMINAL INVESTIGATION

The art and science of Criminal Investigation that exist today is the result of countless development
since policing was conceived and then institutionalized. The following is just a brief account of some of
the major milestone in the history of Criminal Investigation.

Worldwide Development

1720s, ENGLAND: JONATHAN WILD-He was a buckle maker then a brothel operator; a master criminal
who became London's Most Effective Criminal Investigator. He was the most famous THIEF-CATCHER in
1720s. His methods or techniques made popular the logic of EMPLOYING A THIEF TO CATCH A THIEF.
He conceived the idea of charging a fee for locating and returning stolen property to its rightful owners.

1750s, ENGLAND: HENRY FIELDING-An Englishman who wrote a novel entitled "Tom Jones" and was
appointed as magistrate (sheriff) for the areas of Westminster and Middle Age, London. He was the
creator of the BOW STREET RUNNERS while he was the magistrate.

Bow Street Runners- A group of police attached to the bow street court and not a uniform.

1753, ENGLAND: SIR JOHN FIELDING-The younger brother of Henry Fielding who took over the control
of Bow Street Court in 1753. His investigators were then called Bow Street Runners and became quite
effective because of his personal guidance despite the fact that he was blind. He introduced the practice
of developing paid informants, printing wanted notices, employing criminal raids, and bearing firearms
and handcuffs.

1759, USA:-The US CONGRESS created the office of the GENERAL AND REVENUE CUTTER SERVICE. This
is the First Organized Federal Law Enforcement and Investigative effort made by the US Government.

1800, LONDON: PATRICK COLQUHOUN-A prominent London president who proposed the unique idea
of Creating Sizeable Uniformed Force to Police the City of London in order to remedy the public outcry
concerning the alarming increase of criminality during the early 1800s. His proposal was considered too
radical and was dismissed by the Royal Court.

1811, FRANCE: FRANCOIS-EUGENE VIDOCQ (24 July 1775-11 May 1857)-He was a French criminal
turned criminalist Paris Investigator. He is a former convict who became a notorious thief-catcher in
France. He is credited as the founder of LA SURETE, France's national detective organization. He made
popular the concept of "SET A THIEF TO CATCH A THIEF". He introduced the concept of 'TRADE
PROTECTION SOCIETY', which is a forerunner of our present-day credit card system. For a fee, any owner
of a shop or business establishment could obtain particulars concerning the financial solvency of new
customers. He created a squad of ex-convicts to aid the Paris police in crime investigation.

1829, LONDON: SIR ROBERT PEEL-the founder and chief organizer of the London Metropolitan Police,
the SCOTLAND YARD. He reiterated the idea of creating sizeable police force in his recommendations,
which lead to the passage of the Metropolitan Police Act. This act had a tremendous impact on the
history of criminal justice in general, and on the development of criminal investigation specifically. He
introduced the techniques of detecting crimes such as: detectives concealing themselves, and secretly
photographing and recording conversations.
1833, ENGLAND: The Scotland Yard-employed the first undercover officer while in USA: First daytime
paid police department was established in Philadelphia, USA.

1835, USA: Texas Ranger-was organized as the first law enforcement agency with statewide
investigative authority, the forerunner of the Federal Bureau of Investigation.

1839,-The birth year of Photography. WILLIAM HENRY FOX TALBOT explained a photographic process
he had invented to the Royal Society of London.

1842,-Scotland Yard created the first FULL-TIME INVESTIGATIVE, which is a forerunner to the Criminal
Inves figation Division of Scotland Yard. JACQUES MANDE DAGUERRE gave a public demonstration in
Paris of his discovery of photographic process he developed in collaboration with NICEPHORE NIEPCE.

Inventors of Photography

WILLIAM HENRY FOX TALBOT

Calotype- Photographic process that he invented. It is also known as the early photographic
improvement of Greotype

JACQUES MANDE DAGUERRE

Greotype- First public available photographic process

JOSEPH NICEPHORE NIEPCE

Heliography- It is the technique that he use to create the world’s oldest surviving product of the
photographic file.

1851, BOSTON, MASSACHUSETTS, USA:-Multi-suspect LINE-UP IDENTIFICATION is employed in the first

1852, USA: CHARLES DICKENS-Through his story entitled BLEAK HOUSE, he introduced the term
DETECTIVE to the English language.

1852, USA: ALLAN PINKERTON-America's Most Famous Private Investigator and Founder of Criminal
Investigation USA. He established the practice of handwriting examination in American courts and
promoted a plan to centralize criminal identification records.

1856, USA: KATE WAYNE-The First Woman Detective in the History of Criminal Investigation, hired by
the Pinkerton Agency.

1859, USA:-Appellate courts recognized/accepted photographs as admissible evidences when they are
relevant and properly verified.

1865, USA: US SECRET SERVICE was founded to investigate counterfeiting activity in post-civil war
America.

1866, USA:-INSPECTOR THOMAS BYRNES: A New York Chief of Detectives introduced the MODUS
OPERANDI FILE.
1866, Liberty, Missouri, USA:-The JESSE JAMES GANG made the first bank hold-up which mark the
beginning of the gang's 15-year hold-up and robbery spree (12 bank hold-ups and 12 train stage coach
robberies in 11 states). Clay County Savings Association was their first victim and their take was
$60,000.00.

1877, ENGLAND: HOWARD VINCENT: Headed the newly organized CRIMINAL INVESTIGATION
DEPARTMENT in Scotland Yard.

1882, FRANCE-ALPHONSE BERTILLON: A French Police Clerk who introduced and established the First
Systematic Identification System based on ANTHROPOMETRICAL SIGNALMENT (or Anthropometry) he
is considered as the FOUNDER OF CRIMINAL IDENTIFICATION.

1884, CHICAGO, USA:-The Chicago Police Department established the First American Criminal
Identification Bureau.

1887, DR. ARTHUR CONAN LYLE:-He popularized the Scientific Criminal Investigation by creating the
fictional detective SHERLOCK HOLMES and his friend Dr. WATSON. Holmes featured in 6 short stories
and 4 novels.

1892, ENGLAND:-FRANCIS GALTON: An Englishman who published his study on classifying fingerprints.
While other scientists were studying fingerprints in their biological nature, Galton recognized their
uniqueness and potentiality/significance in criminal identification.

Edward Richard Henry- Father of Fingerprint

1893, GERMANY:-HANS GROSS An Englishman who published a handbook for Examining Magistrates in
Munich, Germany and advocated the use of scientific methods in criminal investigation process.

1948, ABERDEEN, SCOTLAND:-A new concept was introduced in the field of criminal investigation. This
is known as TEAM POLICING. In team policing, there is no patrol division or criminal investigation per se.
In this system, a team of police officers is assigned to patrol and investigate all criminal matters within
their area of jurisdiction or district. Team policing required that police officers who respond to a call
regarding a criminal case should investigate the case to its conclusion.

1954, USA:-Dr. PAUL KIRK: Best known American criminalist who headed the Department of
Criminalistics as the University of California, USA.

1961, USA:-Mapp vs. Ohio (376 vs. 584) The Supreme Court ruled the illegally obtained evidence is
inadmissible in state criminal prosecutions. This case established the DOCTRINE OF THE POISONOUS
TREE.

1965, USA: Office of Law Enforcement Assistance (forerunner of the Law Enforcement Assistance
Administra tion-LEAA) was established to fund and coordinate adminis tration, research and training in
criminal justice.

1966, USA:-MIRANDA vs. ARIZONA: 384 U.S. 436, was a landmark decision of the U.S. Supreme Court in
which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from
using a person's state ments made in response to interrogation in police custody as evidence at their
trial unless they can show that the person was informed of the right to consult with an attorney before
and during questioning, and of the right against self-incrimination before police questioning, and that
the defendant not only understood these rights, but voluntarily waived them.

DEVELOPMENT IN THE PHILIPPINE SETTING

1712. CARABINEROS DE SEGURIDAD PUBLICA:-Organized for the purpose of carrying the regulations of
the Department of State. This was armed and considered as the mounted police who later discharged
the duties of a port, harbor and river police.

1842. CUERCO DE SEGURIDAD PUBLICA (Corps of Crabbiness for Public Security):-It was later given
special commission by Royal Decree of December 20, 1842.

1836. GUARDRILLEROS:-A body of rural police organized in each town, which was established by the
Royal Decree of January 8, 1836. This police force was composed of 5% of the able-bodied inhabitants in
each town of province, and each member will serve for at least 3 years.

1852. GUARDIA CIVIL:-An organization created by the Royal Decree issued by the Spanish Crown
Government on February 12, 1852. It relieved the Spanish Peninsular Troops of their works in policing
towns. It consisted of a body of Filipino policemen organized originally in each of the provincial capitals
of the Central provinces of Luzon under the command of Alcalde (Governor).

JANUARY 9, 1901. ACT 70:-The Metropolitan Police Force of Manila and was initially composed by 357
troops from the American Volunteer Force to the Philippines. The MPD has jurisdiction five miles from
the city limits and three miles from the shores to Manila Bay. This has become the basis for the
celebration of the anniversary of the Manila's Finest every January 9th.

JULY 13, 1901:-The Metropolitan Police Force of Manila renamed Manila Police Department. Capt.
GEORGE CURRY, the first chief of police.

JULY 18, 1901. ACT 175:-The act establishing the Insular Police Force which was titled as "AN ACT
PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF AN INSULAR CONSTABULARY". The
Insular Constabulary composed of the Filipino police was organized to uphold order throughout the
Philippines, especially when the American soldiers left after the Philippine-American War. As part of its
police work, the constabulary was tasked to suppress those who continued fighting and to implement
the laws against them such as the Brigandage Act and the Reconcentration Act.

OCTOBER 3, 1901. ACT 255:-The law which established the Philippine Constabulary. Established on
August 18, 1901, under the general supervision of the civil Governor-General of the Philippines, to
maintain peace, law and order in the various provinces of the Philippine Islands.

REVISED ADMINISTRATIVE CODE OF 1917, Section 825: The law stated that the Philippine Constabulary
is a national Police Institution for preserving the peace, keeping the order and enforcing the law.

NOVEMBER 13, 1936. C.A. No. 181:-The National Bureau of Investigation (NBI) is an agency of the
Philippine government under the Department of Justice, responsible for handling and solving major
high-profile cases that are in the interest of the nation. The NBI was modelled after the United States
Federal Bureau of Investigation (FBI) when it was being established.

MAY 19, 1945: The PNP Crime Laboratory traces its origin from the Fingerprint Section of the G-2
Division of the Military Police Command Forces in the West Pacific of United States Army (AFWESPAC).
Organized on May 19, 1945. Later on, it was upgraded into a branch of the Criminal Investigation Service
(CIS), the investigative arm of the Philippine Constabulary (PC).

JANUARY 19, 1953:-The Criminal Investigation and Detection Group (CIDG) was established as the
Criminal Information Service on January 19, 1953, the General Head quarters of the Armed Forces issued
General Order No. 14 which resulted to the reorganization of the defunct Philippine Constabulary into
two main components, a general staff unit, called the Intelligence Division or C2, and an operating
special staff unit, the Criminal Investigation Service (CIS).

SEPTEMBER 8, 1966. RA 4864. (Law co-authored by Rep. Teudolo Natividad):-The law otherwise known
as the POLICE ACT OF 1966, It created the Office of the Police Commission which was later called
National Police Com mission (NAPOLCOM). In its inception, the Police Commission was under the Office
of the President. It was created as the supervisory agency to oversee the training and professio
nalization of the local police forces. Through this law. reformation and professionalization of the police
service gained official recognition.

AUGUST 8, 1975. PD 765:-The law which stipulated that the office of the NAPOLCOM was under the
office of the Ministry of the National Defense. It defined also the relationship between the Integrated
National Police and the Philippine Constabulary. This is in compliance with the provisions of Section 12,
Article 15 of the 1973 Philippine Constitution.

1996,-The PNP mandated the PNP Crime Laboratory to conduct Scene of the Crime Operation (SOCO)
as early as 1996, this relatively new doctrine of utilizing the SOCO team in the collection of forensic
evidence at the crime scene necessitates the issuance of a protocol if only to lay down the functions,
responsibilities and accountabilities of each member of the CSI team.

Criminal Investigation and Detection Unit (CIDU)-the counterpart of Criminal Investigation and
Detection Group (CIDG) in Manila Police District and Quezon City Police District.

CIDU-QCPD are composed of five (5) sections,

the Investigation Section,

Homicide Section (Crime Against Person),

Theft and Robbery Section (Crime Against Property),

General Assignment Section and

Warrant and Subpoena Section.

LEGAL BASIS OF CRIMINAL INVESTIGATION

1935 PHILIPPINE CONTITUTION, Article III, Section 17 (1)-The law provides that:" In all criminal
prosecutors, the accused shall.... Enjoy the right to be heard by himself and counsel......". Criminal
prosecution was however interpreted by the court in US vs. Beech man (25 Phil 25,1972) to mean the
proceeding at the trial court from arraignment to rendition of judgment.

1973 PHILIPPINE CONSTITUTION, Article III, Section 20 "No person shall be compelled to be a witness
against himself. Any person under investigation for the commission of an offense shall have the right to
remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation
nor any means, which vitiate the free will, shall be used against him. Any confession obtained in the
violation of this section shall be inadmissible as evidence.

*1983-MORALES vs. JUAN PONCE ENRILE (GR Nos. 61016-17; April 26, 1983; SCRA 538)

*1985 PEOPLE vs. GALIT (GR Nos. 51770; March 20,1985)

1987 PHILIPPINE CONSTITUTION, Article III, Section 12 (1)-"Any person under investigation for the
commission of an offense shall have the right to be informed of his right to remain silent and to have a
competent and independent counsel preferably of his own choice. If the person cannot afford the
services of a counsel, he must be provided with one. These rights cannot be waived except in writing
and in the presence of a counsel.

SELECTED SUPREME COURT RULINGS AND JURISPRUDENCE

PROBABLE CAUSE
Webb v De Leon, G.R. Nos. 121234, August 23, 1995 (63 SCAD 917)

PARTICULARITY OF DESCRIPTION

Columbia Pictures v Flores G.R. #L-78631, June 29, 1993; (42 SCAD 764)

WARRANTLESS ARREST UNDER RULE 112

Espiritu v Lim G.R. #85727, October 3, 1991 (see also dissent)

People v Mengote G.R. 87059, June 22, 1992

Go v Court of Appeals, 206 SCRA 138, 150 (1992).

People v Manlulu, 50 SCAD 71; 231 SCRA 701 (1994). See also People v Rodriguez, 205 SCRA 791, 796-
797 (1992) and People v Enrile, 41 SCAD 767, 222 SCRA 586 (1993)

EXCLUSIONARY RULE

Ramirez v Court of Appeals 25 G.R. #93833, September 28, 1995

PERSON PROTECTED

Navallo v Sandiganbayan, 53 SCAD 294; 234 SCRA 175(1994)

People v Taylaran, 108 SCRA 373, 378-9 (1981)

People v Caguioa 95 SCRA 29 1980

CHAPTER THREE: CRIMINAL INVESTIGATION: PHASES, KINDS, GOALS, FORMS, AND CATEGORIES

CRIMINAL INVESTIGATION

A. Goals of Criminal Investigation

Generally, the goals of Criminal Investigation are the following:

1. To determine whether a crime has been committed;

3. To identify persons involved in the crime:

4. To arrest suspects;

5. To recover stolen properties:

6. To present the best possible case to the prosecutor.

B. Kinds of Criminal Investigation

Generally speaking, there are only two kinds of criminal investigation:

1. Investigation while the suspect is under arrest and detention; and

2. Investigation while the suspect is "at large". It means that the suspect is not under arrest or
detention, as distinguished from fugitive from justice.

Components of Criminal Investigation

1. PATTERN-refers to a series of similarities that may link particular cases or indicate that the same
person is committing a series of crimes.

2. LEADS -these are clues or pieces of information that aid in the progress of an investigation.

3. TIPS-specifically refer to leads provided by the citizens that aid in the progress of an
investigation.

4. THEORIES-beliefs regarding the based on the evidence, patterns, leads, tips and other informa
tion developed and uncover in the case.

Trichotomy of Criminal Investigation

1. Training-being a critical factor in developing good and competent investigator, is the key to freedom
from bandage of ignorance.

2. Tools-to establish facts and develop evidence, a criminal investigator must use these tools-informa
tion, interview, interrogation, and instrumentation.

3. Technique- essence of tactical strategy in investigation.

IMPORTANCE OF CRIMINAL INVESTIGATION

1. The problem on crimes and criminals should be carefully studied and provided with solutions.

2. It helps the five pillars of the Criminal Justice system in recognizing and identifying criminal and
provides clues or information in promoting social justice.

3. An aid in enforcing the laws and the protection of lives and properties.
FORMS OF INVESTIGATION

1. Formal Investigation

It refers to official inquiry conducted by a government agency in an effort to uncover facts and
determine the truth. It is usually considered as some form of inquiry concerning of criminal activity.

2. Inquest

It is an effort to search the basic cause of an incident such as the commission of a crime.

3. Inquisition

A more historical description than a current usage to describe any penetrating investigation
concerning a religious issue.

4. Probe

Similar to formal investigation, is an extensive, searching inquiry conducted by a government

5. Research

It is the most employed type of investigation refers to the careful, patient investigation done by
scientist or scholars in their efforts to identify original sources of data or causes of problem.

6. Investigative Reporting

Relatively speaking, is a recent type of investigation pursued by the members of the press on their
own initiative. It is designed to satisfy two purposes.

CATEGORIES OF CRIMINAL INVESTIGATION ACCORDING TO JOHN DEMPSEY

1. Criminal Investigation vs Non-Criminal Investigation

Criminal Investigation-carried out by the police.

Non-Criminal Investigation-involves on non criminal incidents or events.

2. Reactive Investigation vs Proactive Investigation

Reactive Investigation-initiated on the basis of a complaint.

Categories of Reactive Investigation

a. Walk-through-suspect is easily determined and located.

b. Where-are-they-suspect has been tentatively identified but has not been located.

c. Whodunit-this is a case in which no suspects are initially identified, a story or play about a murder in
which the identity of the murderer is not revealed until the end.
Proactive Investigation-these are designed to catch a criminal in the act of committing a crime.

a. Decoy operations-are of blending and decoy types to catch criminal in flagrante delicto, an
undercover agents and spies.

b. Undercover operations-usually in the form of buy-bust and entrapment.

* Buy-bust operation- is a form of entrap ment, whereby a police agent disguised as a buyer of illegal
drugs undertakes a sales transaction with a seller.

* Entrapment-is a practice in which a law enforcement agent induces a person to commit a "crime" that
the person would have otherwise been unlikely or unwilling to commit.

3. Overt Investigation vs. Covert Investigation

a. Overt Investigation-openly.

b. Covert Investigation-in secret.

BASIC STEPS IN CRIME SCENE INVESTIGATION

1. Recognition-involves the efforts of identifying data, including physical things that may provide
relevant information regarding the criminal case being investigated.

2. Collection-refers to the act of gathering those identified data or facts, or physical things that are
significant to the case under investigation.

3. Preservation-includes act of keeping the collected evidences in their true and original form
preventing contamination or destruction of its substantive value.

4. Evaluation- the process of determining the probative value of the evidence.

5. Presentation-it is the function that is primarily manifested inside the courtroom.

Starting Points of Criminal Investigation

1. State the problem

2. Form hypotheses

3. Observe and experiment

4. Interpret data

5. Draw conclusions

THE SIX (6) CARDINAL POINTS OF INVESTIGATION

2. WHAT QUESTIONS-the purpose of these types of questions is to find out what happened or
what took place before, during and immediately after the commission of the offense.

3. WHERE QUESTIONS-these are questions that localize the place of the incident-the city or town,
the district or barangay, the street or road, the number of the house or building. Where
questions are necessary in specifically pinpointing the particular location of the crimescene.

4. WHEN QUESTIONS-these are questions needed to determine and fix the time, day, month and
year when the crime was committed. When questions should be specified and as accurate as
possible.

5. WHY QUESTIONS-these are questions that endeavor to ascertain the motives, causes,
antecedents, previous, incidents, related facts, background occurrences that might help explain
the commission of the offense.

6. HOW QUESTIONS-these are designed to help the investigator determine how the crime was
committed, the means/tools are employed, the crime was discovered, and the culprit enters the
building/room.

THE GOLDEN RULE AND GOLDEN HOURS IN CRIMINAL INVESTIGATION

The "Golden Rule" states "Do not touch, alter, move, or transfer any object at the crime scene unless
it is properly marked, measured, sketched and/or photographed."

"Golden Hours" or the first 72 hours of the initial phase of investigation of a major case such as
murder, homicide or kidnapping/abduction is really crucial.