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A Learning Manual Exclusive to the Criminology Students of SDSSU

Specialized Crime Investigation 1 with Leg

A Module in

CDI – 2 Specialized Crime Investigation 1 with Legal Medicine

Compiled by:

ANGELO R. ABULO II, RCrim.

RUDINI T. YPARRAGUIRRE, RCrim.

CHAPTER 1

INTRODUCTION

The purpose of crime scene investigation is to help established what happened at the crime and
to identify the responsible person or people. Carefully documenting the situation at a crime

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A Learning Manual Exclusive to the Criminology Students of SDSSU
Specialized Crime Investigation 1 with Leg

scene and recognizing all- important physical evidence do this. The ability to recognize and
properly collect physical evidence is often times vital to both solving and prosecuting violent
crimes.

Criminal Investigator- Refers to a person who is charged with the duty of carrying on the
objectives of criminal investigation, example is to identify and locate the suspect and provide
evidence of his guilt. It is also responsible for investigating crimes such as , Murder,
Homicides, Assaults, and other incidents to implicate perpetrators. Collects evidence ,
interviews witnesses, and testifies in court.
Investigator – Refer to any law enforcement personnel belonging to the duly mandated law
enforcement agencies tasked to enforce Republic Act 9208 such as officers , investigators and
agents of the Philippine National Police , National Bureau of Investigation , and Bureau of
Immigration.
Primary Responsibilities- Crime scene investigator is a complex and multifaceted one ,as a
number of subspecialties exist within this profession. However, in general , a crime scene
investigator is a professional who is trained to collect, preserve and process evidence at the
scene of a crime. Crime scene investigator, unlike forensic scientists who conduct tests on
physical evidence within a forensic laboratory, are the on – the – scene professionals who are
called to the scene of a crime to ensure that all physical evidence is properly collected ,
preserved and documented according to a strict code of standards. These investigative
professionals also ensure that all physical evidence is packaged and transported to a forensic
laboratory.

The ff. are the primary responsibilities of a criminal investigator as such but nit limited to;
1. Process crime scenes by performing scene recognition, scene documentation and evidence
collection
2. Operate within the applicable laws governing the investigations
3. Initiate preliminary survey, generate initial theories and keep the ones that are not eliminated
by incoming information
4. Thoroughly document scenes and gather potential evidences ( Physical, specimens,
documents , photographs, statements etc ) to send to crime lab
5. Draft detailed investigative reports and be prepared to present evidence to the prosecutor
6. Preserve , collect and record impressions, including tool marks footprints, tire marks , bite
marks , and fingerprints
7. Collect DNA evidence , including blood semen , hair , skin , blood stain patterns , bodily
fluids and nails
8. Collect trace evidence , including gunshot residue, fibbers, accelerant, paint , glass, etc.
9. Collect firearms evidence, including weapons, spent, casings , bullet fragments , cartridges ,
and gun powder patterns.
10.Investigate criminal acts such as murder, homicides, sexual assaults, armed robberies, home
invasions, and property crimes such as robbery and theft etc.
11.Interview informants suspects and witnesses to ascertain alibis, clues, time frames , and
possible suspects.
12.Collects enough evidence to support a court case against a criminal.
13. Prepare sketches and diagrams
14. Obtain search warrants .
15. Perform surveillance and monitor suspects.
16. Exchange information and coordinate activities with other departments.
17. Record Physical information about suspects.

Qualities of an investigator
a. Proven working experience as criminal investigator
b. Hands – on experience with crime scenes analysis and forensic science
c. Proficient in interpreting evidence and reconstructing events

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A Learning Manual Exclusive to the Criminology Students of SDSSU
Specialized Crime Investigation 1 with Leg

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

e. In depth knowledge of criminal law , rules and legislation
f. Familiarity with all evidence types ( example: circumstantial , direct, trace, hearsay etc) and
the rules governing their admissibility
g. Through understanding of the investigation process and the unique circumstances of each
case
h. Strong analytical skills along with good interviewing and interrogation skills
i. Honest and ethical with high levels of integrity and confidentiality

SPECIAL CRIME INVESTIGATION- Is a process of applying special equipment and

special expertise; it needs once expertise and a particular special instrument. It is also deals
with the study of major crimes based on the application of special investigative technique
.
Crime Scene – A venue or place where the alleged crime incident event has been committed.
Investigation- Is the collection of facts to accomplish a three- fold aim: a. To identify the
suspect; b. To locate the suspect ; and c. to provide evidence of his guilt . In the performance of
his duties, the investigator must seek to established the six cardinal points of investigation,
namely :1 . What specific offense has been committed; 2. How the offense was committed ; 3.
Who committed it; 4. Where the offense was committed ; 5. When it was committed ; and 6 .
Why it was committed.
CUSTODIAL INVESTIGATION-Investigation conducted by law enforcement officers after
a person has been arrested or deprived of his freedom of action. It includes connection with a
offense.
MIRANDA DOCTRINE – A principle on the rights of a suspect from forced self-
incrimination during police interrogation as enshrined in the 1987 Philippine Constitution Bill
of Rights (Article 3 , Sec.12).
COMBINED TASK FORCES – It is necessary for many crimes involving drugs , gangs and
terrorism and multi disciplinary approach , multi jurisdictional investigation, metro crime teams
and special investigation units.
CASE OFFICER – The person responsible for and in charge of the investigation of a case.
CASE OPERATIONAL PLAN-A definite target-specific activity conducted in relation to an
intelligence project under which it is affected. Several case operations may fall under one
intelligence project. Refers to a preparatory plan on how to carry out a case operation which is
the last resort to pursue intelligence objectives when normal police operations fail.
PROBABLE CAUSE – Is a factor or circumstances sufficient to convince a person of normal
intelligence that a suspect was probably involved in a specific crime.

Special Crime Investigation means a process of applying special equipment and special
expertise and a particular special instrument. It is also deals with the study of major crimes
based on the application of special investigative technique . The functions for crime scene
investigators may vary according to the geographic location , the size of the law enforcement
agency, or simply the size and scope of the crime scene. Within larger cities , for example ,
crime scene duties, such as DNA or fingerprint collection, while smaller locations may require
crime scene investigators to tackle any number of tasks at a crime scene. Determine whether or
not a crime has been committed. This may mean identifying the number of crime scene
investigator professionals on the scene, the size of the area , and the extent of the crime scene.
Recognizing the scene and the physical evidence at the scene is crucial as to ensure that the
evidence is not compromised in any way and that it can be identified, processed, and package
in an organized fashion. This phase of the investigation also involves identifying the resources
and equipment that may be needed and identifying and addressing any safety concerns or
hazards. The next phase involves documenting and processing the physical evidence. This is
done through written notes, Diagrams, reports, photographs , and sketches. This information

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Specialized Crime Investigation 1 with Leg

must be comprehensive, accurate , and factual , as it may be used by forensic scientists in the
laboratory , by law enforcement officials ,and in a court of law.

SPECIALIZED CRIMES RELATED TO PERSONS

MURDER- Any person who , not falling within the provisions of Art.246 , shall kill another,
shall be guilty of murder and shall be punished by reclusion temporal in it’s maximum period
to death, if committed with any of the following attendant circumstances ;Art 248 RPC. Murder
is the unlawful killing of any person which is not parricide or infanticide provided that any of
the following circumstances is present.
1.With Treachery, taking advantage of superior strength ,with the aid of armed men , or
employing means to weaken the defense , or of means or persons to insure or afford impunity.
2. In consideration of price, reward , or promise;
3. By means of inundation , fire , poison , explosion, shipwreck , standing of a vessel ,
derailment of or assault upon a street car or locomotive , fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin;
4. On occasion of any calamities enumerated in the preceding paragraph , or of an earthquake ,
eruption of a volcano , destructive cyclone, epidemic , or any other public calamity.
5. With evident premeditation;
6. With cruelty , by deliberately and inhumanly augmenting the suffering of the victim,
outraging or scoffing at his person or corpse.

ELEMENTS OF MURDER

1. That a person killed.

2. That the accused killed
3. That the killing was attended by any of the qualifying circumstances mentioned in ART 248
RPC .
4. That the killing is not parricide or infanticide.

RULES FOR THE APPLICATION OF THE CIRCUMSTANCES WHICH QUALITY THE

CRIME OF MURDER

1. The murder will exist with only one of the circumstances described in Art. 248 when more
than one of the said circumstances are present , the others must be considered as generic
aggravating circumstances, thus, when the killing the victim the commission of the crime is
attended by: (1) Evident Premeditation (2) treachery , and (3)price, reward or promise , only
one of them shall qualify the killing to murder and the other shall considered as generic
aggravating circumstances
2. That when the other circumstances are absorbed, or included in one qualifying
circumstances, they cannot be considered generic aggravating, thus, when there ten or ,more
armed captors of the female victim, and one or some of them shot her at the back, the
qualifying of murder is either treachery, abuse of superior strength , or with the aid of armed
men but if treachery is chosen to qualify the crime , the others are not generic aggravating
circumstances ,because they are included in qualifying of treachery .
3. That any of the qualifying circumstances enumerated in Art 248 must be alleged in the
information. Thus, even if during the trial the prosecution proves that the accused killed the
deceased with treachery, but treachery is not alleged in the information, treachery cannot
qualify the killing to murder, the crime charged being only homicide , it is only generic
aggravating circumstances.
HOMICIDE – Any person who not falling within the provisions of Art. 246 of RPC shall kill
another without the attendance of any circumstances enumerated shall be deemed guilty of
homicide and punished by reclusion temporal Art 249 RPC. Is the unlawful killing of any
person , which is neither parricide ,murder nor infanticide. Intent to kill is conclusively

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Specialized Crime Investigation 1 with Leg

presumed when death resulted; evidence of intent to kill is important only in the attempted or
frustrated homicide.

ELEMENTS OF HOMICIDE:
1. That the person was killed
2. That the accused killed him without any justifying circumstance;
3. That the accused had the intention to kill , which is presumed
4. That the killing was not attended by any of the qualifying circumstances of murder , or by
that parricide of infanticide.

Accidental homicide- Is the death of a person brought about by a lawful act performed with
proper care and skill and without homicidal intent.
Parricide – Any person who shall kill his father , mother, or child, whether legitimate , or
illegitimate , or any of his ascendants or descendants , or his spouse shall be guilty or
parricide and shall be punished by the penalty ranging from reclusion perpetua to death Art
246 RPC
ELEMENTS OF PARRICIDE
1. That a person is killed.
2. That the deceased is killed by the accused
3. That the deceased is the father , mother , or child
ESSENTIAL ELEMENTS OF PARRICIDE
Relationship of the offender with victim is the essential element of this crime.
Cases of parricide when the penalty shall not be reclusion perpetua to death:
1. Parricide through negligence (ART 365)
2. Parricide by mistake ( ART 249 )
3. Parricide under exceptional circumstances ( Art 247)
Death or Physical Injuries Inflicted under Exceptional Circumstances – Any legally
married person who having surprised his spouse in the act of committing sexual intercourse
with another person shall kill any of them or both of them in the act or immediately thereafter ,
or shall inflict any of them or both of them in the act or immediately thereafter or shall suffer
the penalty of destierro.
If shall inflict upon them physical injuries of any other kind , he shall be exempt from
punishment.
These rules shall be applicable, under the same circumstances, to parents with respect to their
daughters under eighteen years of age , and their seducers, while the daughters are living with
their parents. Any person who shall promote or facilitate the prostitution of his wife or
daughters, or shall otherwise have consented to the infidelity of the other spouse , shall not be
entitled to the benefits of this article
Requisites for the Application of Art 247 RPC
1. That the legally married person or a parent surprises his spouses or his daughter , the later
under 18 years of age and living with him , in the act of committing sexual intercourse with
another person.
2. That he or she kills any or both ,of them or inflict upon any or both of them any serious
physical injury in the act or immediately thereafter.
3. That he has not promoted or facilitated the prostitution of his wife or daughter , or that he or
she has not consented to the infidelity of the spouse.
PENALTY FOR FRUSTRATED PARRICIDE , MURDER , OR HOMICIDE- The
courts , in view of the facts of the case, may impose upon the person guilty of the frustrated
crime of parricide, murder , or homicide, defined and penalized in the proceeding articles ,
penalty lower by one degree than that which should be imposed under the provisions of Art. 50
RPC. The courts, considering the facts of the case, may likewise reduce by one degree the
penalty which under Art 51 RPC should be imposed for an attempt to commit any of such
crimes.

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DEATH CAUSED IN A TUMULTOUS AFFRAY- When while several persons, not

composing groups organized for the common purpose of assaulting and attacking each other
reciprocal, quarrel and assault each other in a confused and tumultuous manner ,and in the
course of the affray someone is killed , and it cannot be ascertained who actually killed and
deceased , but the person or persons who inflicted , such person or persons shall be punished by
prison mayor. If a person cannot be determined who inflicted the serious physical injuries on
the deceased , the penalty of prison correctional it’s medium and maximum periods. Shall be
imposed upon all those who shall have used violence upon the person of the victim .
ELEMENTS

1. That there be several persons.

2. That they did not compose groups organized for common purpose of assaulting and attacking
each other reciprocally.
3. That these several persons quarreled and assaulted one another in a confused and tumultuous
manner.
4. That someone was killed in the course of affray
5 .That it cannot be ascertained who actually killed deceased.
6. That the person or persons who inflicted serious physical injuries or who use violence can
be identified.
PERSONS LIABLE IF DEATH RESULTS
1. The person or persons who inflicted serious physical injuries are liable (Art.251 Par .1)
2. If it is not known who inflicted the serious physical injuries on the deceased ,all persons
who used violence upon the person victim are liable but with lesser liability,( Art 251, Par.2s)
Assistance to suicide is different from mercy- killing
Euthanasia- Commonly known as mercy -killing – is the practice of painlessly putting to death
a person suffering from one incurable decease. Euthanasia is not lending assistance to suicide.
In Euthanasia , is not lending assistance to suicide. In euthanasia, the person killed does not
want to die. A doctor who resorts to mercy – killing of his patient may be liable for murder.
( Art 248 RPC) .
Infanticide- The penalty providing for parricide I art 248 shall be imposed upon any person
who shall kill any child less than 3 days of age .( Art 255 RPC.) If the crime penalized in this
article be committed by the mother of the child for the purposed of concealing her dishonor,
shall suffer the penalty of prison mayor in it’s maximum periods , and if said crime be
committed for the same purposed by the maternal grand parents either of them , the penalty
shall be reclusion temporal. (As Amended RA No. 7659 )
INFANTICIDE – As the killing of any child less than three days old of age , whether the killer
is the parent or grandparent, any other relative of the child, or stranger.
Elements of Infanticide
1. That the child was killed
2. This is the killing of any child less than 3 days ( 72 hours) of age , whether the killer is the
parent or grandparent , or any other relative of the child, or a stranger.
3. That the accused killed the said child
Abortion – Willful killing of a fetus in the uterus or violent expulsion of the fetus from the
maternal womb which results to the death of the fetus. It is also the termination of pregnancy
by the removal or expulsion from the uterus of a fetus or embryo before viability.
Intentional Abortion – Any person who shall intentionally cause an abortion shall suffer : Art
256 RPC
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the
pregnancy woman.
2. The penalty of prison mayor , if without using violence , he shall act without the consent of
the woman.
3. The Penalty of prison correctional in it’s medium periods , if the woman shall have
consented.

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Intentional Abortion – This is the willful killing of the fetus in the uterus , or the violent
expulsion of the fetus from the maternal womb, which results in the death of the fetus.
WAYS OF COMMITTING INTENTIONAL ABORTION
1. By using violence upon the person of the pregnant woman
2. By acting , but without using violence , without the consent of the woman ( by
administering drugs/ beverages upon a pregnant without her consent )
3. By acting ,with the consent of the pregnant woman (by administering drugs /beverages) with
consent of the pregnant woman.
ELEMENTS OF INTENTIONAL ABORTION
1 .That there is a pregnant woman
2. That violence is exerted , or drugs or beverages administered , or that the accused otherwise
acts upon such pregnant woman;
3 . That as a result of the use of violence or drugs or beverages upon her , or any other act the
accused , fetus dies , either in the womb or after having been expelled therefrom.
4. That the abortion is intended.
EXAMPLE OF ABORTION BY ADMINISTERING ABORTIVE
A believing that the child in the womb of a woman was a sort of fish- demon, gave her a “
pocion” made of herbs. Two hours after, she gave birth to a child three months in advance of
the full period of gestation.
PERSON LIBALE FOR INTENTIONAL ABORTION
The person who intentionally caused the abortion is liable under Art. 256 .The woman is liable
under Art.258, if she consented to the abortion caused on her. If she did not consent to the
abortion caused her , she is not liable.
Unintentional Abortion- The penalty shall be prison correctional in it’s minimum and medium
periods shall be imposed upon any person who shall cause an abortion by violence , but
unintentionally .
ELEMENTS UNINTENTIONAL ABORTION
1. That there is a pregnant woman;
2. That the violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionally exerted;
4. That as a result of the violence the fetus dies, either in the womb after having been expelled
therefrom.
PHYSICAL INJURY-Harm done to a child’s psychological or intellectual functioning which
may be exhibited by severe anxiety , depression , withdrawal or outward aggressive behavior ,
or a combination of said behaviors which may be demonstrated by a change in behavior,
emotional response or cognition;
What are the crime of Physical Injuries
1. Mutilation (Art 262)
2. Serious Physical Injuries ( Art 263)
3. Administering Injurious substance or beverages ( Art 264)
4. Less serious physical injuries ( Art 265)
5. Slight physical injuries and maltreatment ( Art 266)
MUTILATION the penalty of reclusion temporal or reclusion perpetua, shall be imposed upon
any person who shall intentionally mutilate another by depriving him , either totally or partially
, of some essential organ for reproduction. The term “ mutilation “ means the lopping or the
clipping off of some part of the body. The putting out of an eye does not fall under this
definition . Thus, when robber stabbed a woman in one eye, and as a result of the wound thus
inflicted she lost the use of the eye , there is no mutilation.
TWO KINDS OF MUTILATION
1. By intentionally mutilating another by depriving him , totally or partially , of some essential
organ for reproduction.
2. By intentionally making other mutilation, that is by lopping or clipping off any part of the
body of the offended party , other than the essential organ for reproduction, to deprive him of
that part of his body.

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Elements of Mutilation of first kind

1. That there be a castration , that is , mutilation of organs necessary for the generation , such as
the penis or ovarium.
2. That the mutilation is caused purposely and deliberately ,that is, to deprive the offended
party of some essential organ for reproduction

Rape- When and how committed; Rape is committed

1. By a man who shall have carnal knowledge of a woman under any of the ff. circumstances.
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or is otherwise unconscious;
c. By means of fraudulent machination or grave abuse or authority
d. When the offended party is under (12) years of age or is demented, even through none
of the circumstances mentioned above be present.
2. By any person who , under any of the circumstances mentioned in the paragraph 1
hereof ,shall commit an act of sexual assault by inserting penis into another person’s mouth or
anal orifice , or any instrument or object , into the genital organ or anal orifice of another
person.

ELEMENTS OF RAPE UNDER PARAGRAPH 1

1. That the offender is a man;
2. That the offender had carnal knowledge of a woman
3. That such act is accomplished under any of the following circumstances
a. Through force , threat or intimidation ;or
b. When the woman is deprived of reason or is otherwise unconscious ;or
c. By means of fraudulent machination or grave abuse of authority ; or
d. When the offended party is under (12) years of age or is demented, even though none
of the circumstances mentioned above be present
ELEMENTS OF RAPE UNDER PARAGRAPH 2
1. That the offender commits an act of sexual assault;
2. That the act of sexual is committed by any of the following means:
a. By inserting his penis into another person’s mouth or anal orifice; or
b. By inserting any instrument or object into the genital or anal orifice of another person;
3. That the act of sexual assault is accomplished under any of the following circumstances:
a. By using for or intimidation ;o
b. When the offended party is deprived of reason or is otherwise unconscious; or
c. By means of fraudulent machination or grave abuse or authority; or
d. When the offended party is under (12) years of age or is demented , even though none f
the circumstances mentioned above be present.

WHO CAN COMMIT RAPE?

Under Republic Act No. 8353, the crime of rape can now be committed by a male or a female .
Before it’s amendment, rape could be only be committed by a male person.
PENALTIES (Art. 266-B ) Rape under paragraph 1 of the Art 266-A shall be punished by
reclusion perpetua
a. Whenever the rape is committed with the use of a deadly weapon or by two or more persons,
the penalty shall be reclusion perpetua to death.
b. When by reason or on the occasion of the rape the victim has become insane , the penalty
shall be reclusion perpetua to death
c. When rape is attempted and a homicide is committed by reason or on the occasion thereof,
the penalty shall be reclusion perpetua to death.
d. When by reason or on the occasion of the rape, homicide is committed the penalty shall be
death.
The death penalty shall be imposed if the crime of rape is committed with any of the following

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1. When the victim is under eighteen (18) years of age and the offender is parent, ascendant,
step – parent , guardian , relative by consanguinity or affinity within the third civil degree , or
the common law spouse of the parent of the victim.
2. When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution.
3. When the rape is committed in the full view of the spouse ,parents, any of the children or
other relatives within the third civil degree of consanguinity.
4. When a victim is religious engaged legitimate religious vacation or calling and is personally
known to be such by the offender before or at the time of the commission of the crime.
5. When the victim is a child below seven (7) old .
6.When the offender knows below that he is afflicted with human Immuno -Deficiency Virus
( HIV)/ Acquired Immune Deficiency Syndrome ( AIDS) or any other sexually transmissible
decease and the virus decease is transmissible to the victim.
7. When committed by any member of the Armed Forces of the Philippines or Para-Military
Units thereof or the Philippine National Police or Any Law Enforcement Agency of penal
institution , when the offender took advantage of his position to facilitate the commission of
crime.
8. When by reason or on the occasion of the rape, the victim has suffered permanent physical
mutilation or disability.
9. When the offender knew of the mental dis ability, emotional disorder and /or physical
handicap of the offended party at the time of the commission of the crime.
10.When the offender knew of the mental disability, emotional disorder and / or physical
handicap of the offended party at the time of the commission of the crime
Rape under paragraph 2 of Art 266-A shall be punished by prison mayor.
a. Whenever rape is committed with the use of deadly weapon or by two or more persons,
the penalty shall be prison mayor to reclusion temporal.
b. When rape is attempted and a homicide is committed by reason or on the occasion
thereof , the penalty shall be reclusion temporal to reclusion perpetua.
c. When by reason or on occasion of the rape, homicide is committed , the penalty shall
reclusion perpetua.
d. Reclusion Temporal shall also be imposed if the rape is committed by any of the ten
aggravating circumstances mentioned in this article (RA NO. 8353)
EFFECT OF PARDON (Art. 266-C ) the subsequent valid marriage between the offender
and the offended party shall extinguish criminal action or the penalty imposed. In case the legal
husband who is the offender, the subsequent forgiveness by the wife as the penalty provide ,
that crime shall not be extinguished or the penalty shall not be abated if the marriage be void
abinitio
PRESUMPTION ( Art 266-D ) any physical overt act manifesting resistance against the act of
rape in any degree from the offended party , or where the offended party is so situated as to
render her / him incapable of giving valid consent, may be accepted as evidence in the
prosecution of the acts punished as evidence in the prosecution of the acts punished under
article Art 266-A ( RA No.8353)

SPECIALIZED CRIMES RELATED TO PROPERTY

Crimes against property is any criminal act that destroys another’s property , or that
deprives an owner of property against the owner’s will . The criminal law generally considers
these crimes less serious than violent crimes, or crimes against persons , but they can still
constitute very serious felony charges.
Arson and vandalism are examples of crimes that destroy another’s property.
Example of crimes that un willingly deprive an owner of property are far more abundant,
larceny, embezzlement, receiving stolen goods , extortion (blackmail), robbery ( a combination
of violent crime and crime against property) , burglary , and industrial espionage, to name just
a few .There are also a wide range of crimes that fall under the domain of intellectual property

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law, and industrial espionage , to name just a few. There are also a wide range of crimes that
fall under the domain of intellectual property law , and the occurrence of these is rising sharply
as information becomes a stronger and stronger motive force in the economies of the developed
and developing world. At Early British common law , there was only one kind of crime against
property ,larceny . There was also only one punishment for larceny in those times death. As
time went on and judges became more and more reluctant to execute people for pick -
pocketing and
Petty, theft, many crimes that bore striking resemblance to larceny were classified as something
else so that the death penalty could be avoided . In the United States today, where life and
liberty are categorically valued above property , no crime against property is considered serious
enough to warrant the death penalty. In the Philippine context special crime investigation the
study concentrates more on physical evidence, it’s collection , handling identification and
preservation , in coordination with the crime laboratory. Special crime investigation involves a
close relationship between the prober in the field and the crime laboratory technician. They
work together as a team reacting to and extending one another’s theories and findings both
working patiently and thoroughly to solve a criminal justice system in our country , the court
relies more on physical evidence rather extra judicial confession.

Rome (The Time of Christ)

The Roman Emperor Augustus picked out special, highly qualified members of military to form the
Praetorian Guard, the Praefectus Urbi and the Vigiles of Rome. Their functions were as follows:

1. Praetorian Guard. This guard was considered too be the first police officer in Rome, with the job
of protecting the palace of Rome and the emperor.

2. Praefecturs Urbi. The function of the Praefectus Urbi was to protect the City, exercising both
executive and judicial power.

3. Vigiles of Rome. The Vigiles began as firefighters, granted with the law enforcement
responsibilities and patrolled Rome’s streets day at night. They were considered as civil police force
designed to protect citizens. They were considered quite brutal and it is where the word “vigilante”
came from.

The Stature of Winchester (England 1285 A.D)

The Statue of Winchester was enacted to establish a rudimentary criminal justice system in which
most of the responsibility for law enforcement remained with the people themselves. This statue was
promulgated by Winchester. The statute established the following;

1. The Watch and Ward Act;

2. Hue and Cry System
3. Parish Constables became primary urban law enforcement agent in England
4. All males kept weapons in their home for maintaining public peace.

Jonathan Wild (England 1720’s)

He was a buckle maker and a brothel operator
and a master criminal who became the London’s most
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effective criminal investigator. He was the famous thief

catcher in 1720’s. He conceived the idea of charging
a fee for locating and returning stolen property to their
rightful owners.

Henry Fielding (1749)

He founded the Bow Street Runners. This was

called London’s first professional police force (originally
numbered just eight) and was considered as the
foundation of all modern police forces.

In 1751, henry published a pamphlet entitle An Inquiry into the Causes of the Lane increase of
Robbers, which called for many sweeping changes in the laws and the execution of their laws.

John Fielding (1753)

As a younger half-brother of Henry Fielding,

the was appointed as Henry’s personal assistant in 1750.

He also helped Henry to root out corruption and

improve the competence of those who engaged in
administering justice in London. He also introduces the
practice of developing informants, printing wanted notices,
employing criminal raids, and bearing firearms and handcuffs.

The blind John was known as the “Blind Beak” and allegedly able to recognized 3000 criminals by the
sounds of their voices.

Patrick Colquhoun (1800)

Patrick Colquhoun published a book known
as, “The Commerce and Policing of the River Thames”.
He was also credited for his innovation for the critical
development and three decades later, led to Robert
Peel’s “new” police.

Patrick together with Master Mariner John

Harriott developed the Marine Police Force or
sometimes known as the Thames River Police. It was

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said to be the England first Police Force. The police force was designed to tackle theft and
looting from ships anchored in the Pool of London and the lower reaches of the river.

The force is known as the Marine Support Unit.

Patrick also had the idea of publicly funded police force. His main contribution was the introduction of
crime prevention, or preventive policing- the fundamental principle to the English police system.

Eugene Francois Vidocq (France 1811)

Eugene Vidocq established a squad of

ex-convict to aid the Paris Police in investigating
crimes. He worked under the theory of “Set a thief
to catch a thief”. He introduced the concept of “Trade
Protection Society”, which became the 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 was credited as the founder of La Surete, the France’s National detective organization and was
considered and the Father of Modern Criminology in French Police Department. He was also
regarded as the first private detective.

Dr. Edmond Locard

Edmond Locard published L Enquete

Criminelle e les Methodes Sicentifique in
1920. He was also a pioneer on forensic
science and became known as the Sherlock
Holmes of France. He formulated the basic
principle for forensic science “Every contact
leaves a trace”.

This became known as Locard Exchange of Principle.

Sir Robert Peel (London 1829)

British Statesman Sir Robert Peel established

the London Metropolitan Police Force which became
the worlds firs modern organized police force. The
Metropolitan Police Force did not only become a
model for the American police system but also had
greatly influence on the style of policing in almost all
industrial societies.

It is also guided by the concept of crime prevention as a primary police objective, it also embodied the
belief that such a force depended on the consent and cooperation of the public and the idea that
police constables were to be civil and courteous to the people.

The force became the model for other police forces in Great Britain, informal names are, “The Met”
and “MPS”. In Statues it is referred to in the lower case the “Metropolitan Police Force” or the
Metropolitan Police, without the appendage “service”. The MPS is also referred to as Scotland Yard
after the location of its original headquarters.

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Police are often referred to as “Bobbies” or “Peelers after Sir Robert (Bobby) Peel. The primary role of
the Police in Britain was to keep the Queens Peace, which continues to the present days. He also
introduced the techniques in detecting crimes such as detective concealing themselves, and secretly
photographing and recording conversations. London Metropolitan Police employed the first
undercover officer.

The great contribution of Sir Robert Peel led people to regard him the Father of Modern Policing. His
most memorable principles, “the police are the public, and the public are the police.”.

England (1833)
Scotland Yard employed the first undercover officer. in U.S.A, the first daytime paid police department
was established in Philadelphia.

Texas Ranger (1835)

Texas Ranger was organized as the first law

enforcement agency with statewide investigative
authority. This is the forerunner of the Federal Bureau
of Investigation (FBI).

Boston, Massachusetts, USA (1851)

Multi-suspect identification line-up was employed for

the first time.

Kate Wayne (U.S.A 1856)

She was the first woman detective in the history of criminal investigation. She was hired by the
Pinkerton Agency and contributed to solving big cases in the United States of America.

U.S.A (1859)

The Appellate Court of U.S.A recognized and accepted photographs as evidence in court proceedings
upon its relevancy and after thorough verification.

Thomas Byrnes (USA 1866)

He was a keen-minded individual who trained his detectives in recognizing individual criminal
techniques. He founded the criminal “modus operandi”. This is a Latin phrase, approximately
translated as “Method of Operation”, the term as used to describe someone’s habit of working
particular in the context of business of criminal investigation. In English, it is often shortened as M.O

Jessie James Gang (USA 1866)

The gang made the first hold-up which marked the beginning of the gangs 15 years hold-up and
robbery spree (12 bank hold-ups and 12 train stage coach robberies in 11 states). Clay
County Saving Association was their first victim and took $60,000.00

Howard Vincent (1877)

He headed the newly organized Criminal Investigation Department in Scotland Yard.

Alphonse Bertillon (France 1882)

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He introduced the first systematic identification

system based on the Anthropological measurement
(Anthropometry/Bertillon System). He was considered
the founder of Criminal Investigation as well as the
Father of Personal Identification.

The system recorded anthropometric measurements and persona characteristic such as color of
eyes, scars, and deformities. The following measurements were taken.

1. Body: height, reach from fingertips to fingertips, length of trunk and head or height sitting;

2. Head: length and width, length and width of right ear;

3. Limbs: length of left foot, length of left middle finger, length of left little finger, length of left
forearm. These measurements were recorded on cards and classified according to the length of the
head;

Francis Galton (England 1892)

He is an English man who published this study on classifying fingerprints and recognized the
uniqueness of the fingerprints to be used as evidence against a suspect.

England (1819)

A new concept was introduced in the field of Criminal Investigation, known as “Team Policing”. In
this concept, 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.

Leland Kirk (1952)

A chemist Paul and forensic scientist, he is the

most known for his work on blood spatter
evidence. He applied this expertise on bloodstain
pattern analysis to the Sam Sheppard homicide case.
He published Crime Investigation in 1953, one of the
first comprehensive criminalistics and crime
investigation textbooks that encompassed theory in
addition to practice.

The US Supreme Court established procedural guidelines for taking criminal confession. The case is
the origin of the present Miranda rights of every accused under custodial investigation.

USA (1977)

The FBI introduced the beginning of Automated Fingerprint Identification System (AFIS) with the first
computerized scan of fingerprints.

England (1986)

Deoxyribonucleic Acid (DNA) typing was first used to solve a crime. DNA is unique to every individual
and can be sued for personal identification.

USA (1987)

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DNA profiling was introduced for the first time in U.S criminal court. Based on analysis performed by
Life Codes, Tommy Lee Andrews was convicted of a series of sexual assaults in Orlando, Florida.

New York vs. Castro

This was the first case in which the admissibility of DNA was seriously challenged. It set in motion a
string of events that culminated in a call for certification, accreditation, standardization and quality
control guidelines for both DNA laboratories and the general forensic community.

USA (1999)

The FBI upgraded its computerized fingerprint database and implemented the Integrated Automated
Fingerprint Identification System (IAFIS), allowing paperless submission, storage and search
capabilities directly to the national database maintained at the FBI.

Allan Pinkerton (1818-1884)

Being engaged in business as a barrel maker in 1846, Allan Pinkerton captured a gang of
counterfeits and was consequently elected as a county Sheriff.

In 1850 he organized the Pinkerton’s

National Detective Agency and was
appointed as the firs City detective in
Chicago.

The recovery of a large sum of money stolen from the Adam Express Company and the discovery of a
plot to murder Abraham Lincoln in 1861 made way to his reputation.

During the American Civil War, he organized the secret service of the U.S Army. During the railroad
strikes of 1877, his agency provided strikebreakers. His books include Strikers, Communist and
Tramps (1878) and Thirty Years a Detective (1884).

He was considered as the America’s foremost private Detective. This individual truly deserves the title
of “America’s Founder of Criminal Investigation”. Among methods he pioneered were “shadowing,”
the art of suspect surveillance, “roping”, Working in undercover capacity with a motto “We never
sleep”.

Dr. Hans Gross (1859-1930)

He was the earliest advocator of criminal investigation

as a science. Interested in investigation while serving as

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an examining magistrate he become a professor of

Criminology at the University of Vienna. He is also
recognized today as the Father of Criminalistics/Forensic
Science.

Dr. Arthur C. Doyle (1859-1930)

He is a British physician, novelist, and detective-story writer. Dr. Arthur C. Doyle is best known as the
creator of the character of master sleuth Sherlock Holmes. The characterization of Holmes,
particularly his ability of ingenious deductive reasoning, was based on o ne of Conan Doyle’s own
university professor.
Dr. Alec John Jeffrey’s

He used DNA fingerprinting and profiling to identify Colin Pitchfork as the murderer of two young girls
in the English midlands. Significantly, in the course of the investigation DNA was first u sed to
exonerate and innocent suspect.

Flaviano Guerrero
He is the only Filipino member of the United Sates Federal Bureau of Investigation.

CRIMINAL INVESTIGATION IN THE PHILIPPINES

1901
The Criminal Investigation Service (CIS) now known as CIDG, can trace its humble beginnings out of
an urgent need for a unit that would handle investigation of major crimes especially against national
security, and at the same time, free other Philippine Constabulary Units from this time-consuming and
highly specialized of Criminal Investigation. Hence, this crime-fighting unit came into being with the
creation of investigation Section (IS) pursuant to Section 2 of Act No. 235 of the Philippine
Commission enacted on October 3, 1901.

1901-1919
During the American occupation, the criminal investigation service was primarily organized out of the
great necessity of the Philippine Constabulary in the investigation of crimes.

1913
The genesis of criminal investigation in the Manila Police Department, presently known as the
Western Police District took place in 1913.

1920-1936
The CIS then known as the Information Service led to the successful investigation on the theme
Colurom rebellion. Sakdalista Movement and the Asedillo uprising. It also became successful in
suppressing and investigating crimes including those committe4d against the security of the state.

1936

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The Division of Investigation (DI) was created by virtue of Commonwealth Act No. 181 during the
reign of the late President Manuel L. Quezon. The DI, with the 45 initial members, was organized after
the Federal Bureau of Investigation of United States of America.

1942-1945
During the Japanese occupation, the DI was affiliated with the Bureau of Internal Revenue (BIR) and
the Philippine Constabulary (PC) known as the Bureau of Investigation.

1946
The CIS tapped to perform highly specialized task of investigation and intelligence work as a criminal
investigation branch of G2.

1947

The Bureau of Investigation was reorganized by virtue of

Republic Act No. 157 and the Department of Justice became
its parent agency. R.A 157 was later amended by Executive
Order No. 94 renaming the BI to what is known no as, National
Bureau of Investigation.

1950
The CIS was commissioned to gather intelligence and assume as the role main investigating outfit of
the Philippine Constabulary in response to the resurgence of various criminal syndicates, like the
Black Shirt and the Kamlon Gang coupled with the organization various anti-government movements,
such as Hukbalahap.

1987
The mandate of the 1987 Constitution establishing the National Police Force that should be national in
scope and civilian in character under the Department of Interior and Local Government (DILG) paved
the way for the creation of the Philippine National Police (PNP).

Consequently, the CIS is retained as one of the National Support Units of the PNP under the name of
Criminal Investigation Service Command (CISC), this distinguishes it from the operating unit of the
administrative support unit crated pursuant R.A 6975 which assumes the name of the “Service” while
operating support units assumed the name of command.

1991
Due to the media publicly of investigations of sensational cases committed by local executives
Organized Crime Groups (OCGs), the CIS as mandated by R.A 6975, acted as the primary
investigating arm of the PNP on major crimes, OCC’s and economic sabotage.

On September 5, 1994, the Criminal Investigation

Service Command was renamed as Criminal Investigation
and Detection Group (CIDG) following the NAPOLCOM
Resolution No. 92037, with the motto “We seek the truth”.
From its humble inception up to the way, it metamorphosed
to being the premier arm of the PNP as the “Spirit and Soul
of the Force”.
1996

A SOCO Team was appropriately organized to

meet the core mission of the Crime Laboratory which is
the National Operating Support Unit of the PNP by virtue
of NAPOLCOM Resolution Nr. 96-058

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LAWS RELATIVE TO CRIMINAL INVESTIGATION

1. 1935 Philippine Constitution, Art 3, Sec. 17 (1)

“In all criminal proceedings, the accused shall… enjoy the right to be heard by himself and counsel.

2. 1932 Philippine Constitution, Art 3, Sec. 20

No person shall be compelled to be a witness against himself. That, any person under investigation
for the commission of an offense shall have the right to remain silent, to have a counsel and to be
informed such right. No force, intimidation or 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.

3. 1987 Philippine Constitution, Art 3 Sec. 12 (1)

Any person under investigation of the commission of an offense shall have the right to be informed in
his right to remain silent and to have a competent and independent counsel preferably of his 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, signed and in the presence of a counsel.

Related Cases:

Miranda vs. Arizona

It originated from the American jurisprudence Mr. Ernesto Miranda who was accused of kidnapping
and rape in the State of Arizona. The Arizona Police interrogated him exhaustedly leading to his
confession. Based on his confession, he was charged tried and convicted. Appeal of his conviction
was made before Arizona Supreme court but his conviction was affirmed. The appealed was then
elevated to the U.S Court where there was a reversal of the decision and he was acquitted on
constitutional grounds.

It was in this caser that the U.S Supreme Court laid down the constitutional rights of the
accused during the custodial interrogation. This constitutional right was also incorporated in the 1972
Philippine constitution and later in the 1987 Constitution of the Philippines. This is known as the
Miranda Rule, Doctrine or Warning.

The Rights of a Person under Custodial Investigation are as follows:

1. Right to remain silent. Anything that he/she may say may be used against him/her in any court of
law.

2. Right to have a counsel preferably of his/her own choice and if he/she has none, the government
must provide one for him.

3. Right to be informed of the nature of the charges against him and whatever he/she may be used
for or against him/her

4. Right to be informed of such rights under the constitution.

These rights could be validly waived in writing and with the assistance of a counsel in order that the
ensuring confession be admissible in evidence. The confession must also be in writing singed and
sworn to by the accused.

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In Miranda v. Arizona case, the court addressed the question of how to enforce a suspect right to
counsel and right against self-incrimination. The court concluded that police officers must specifically
inform suspects of these rights and inform them that if they give up these rights their statement can be
used against them.

Gideon v. Wainwright (U.S 1963)]

The Supreme Court held that the Sixth Amendment which guarantees criminal defendants the right to
counsel, requires state government to provide attorneys for indigent (poor) criminal defendants.

Escobedo v. Illinois (U.S 1964)

The court held that a suspect has a right to have an attorney present when being interrogated in
police custody as well as during a trial.

Morales v. Juan Ponce Enrile (1983)

The supreme court of the Philippines ruled in this case and made a clear remark that the Miranda
Warning as it is generally called have to be made so that a confession can be admitted.

4. 1987 Philippine Constitution Sec. 6 Art 16

The state establishes and maintains one police force which shall be national in scope and civilian in
character, to be administered and controlled by the National Police Commission. The authority of the
local executives over the police shall be provided by law.

5. Republic Act No. 7438

An Act defining certain rights of person arrested, detained and or under custodial investigation as well
as the d ties of the arresting, detaining and investigation officers and providing penalties for violation
thereof.

CHAPTER 2

INTRODUCTION TO CRIMINAL INVESTIGATION

CRIMINAL INVESTIGATION

INVESTIGATION

- it is the act or process of investigating or the condition of being investigated.

- It also refers to a search or inquiry for ascertaining facts; detailed or careful
examination.

Latin terms: Investigat – which means “to inquire or to discover” during the 5th century.

CRIMINAL INVESTIGATION

It is an art which deals with the identity and location of offender and provides evidence of his guilt
through criminal proceedings.

Other Scientific Definitions:

Criminal Investigation

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It is the collection and analysis of facts/truths about persons, things, places that are subjects of a
crime to identify the guilty party, locate the whereabouts of the guilty part, and provide admissible
pieces of evidence to establish in the guilt of parties involve in crime.

Criminal Investigation
It is the logical, objective and legal inquiry involving a possible criminal activity. The result of the
inquiry, if successful, will answer the 5 Ws (who, what, where, when, why) and the H (How) questions.

Criminal Investigation
It is a legal inquiry by virtue of a complaint to follow up, examine, trace, track and search, step by step
examination or process and meticulous observation, the fact of the commission of a crime, the identity
of the actors and the circumstances attendant thereto, by careful evaluation of all available pieces of
evidence to the end that violators of the law be brought to the bar of justice, and the innocent be
relieved the ire from.

Criminal Investigation
It is a lawful search for people and things useful in reconstructing the circumstances of an illegal act or
omission and the mental state accompanying it. It is the probing form the known to the unknown,
backward in time and its goal is to determine the truth as far as it can be discovered in any post-
factum inquiry.

Criminal Investigation
It is an official effort to uncover information about a crime. There are generally three ways that a
person can be brought to justice for a criminal act.

1. The individual will be driven by his conscience to immediately confess

2. An officer of the law can apprehend him in the act.
3. The criminal investigation can identify the person as a suspect after which he may
confess or be convicted by trial.

Three Elements of Crime

1. Motive
- it is the moving power or force which compels a person to commit acts towards a definite result.

Generally, motive is immaterial in incurring criminal liability; it is intent which is material. Motive
becomes material when the act brings variant crimes. There is a doubt whether the accused
committed the crime or the identity of the accused is doubtful, the evidence in the commission of
crime is purely circumstantial or the evidence of the guilt of the accused is inconclusive.

2. Opportunity
- It is the chance or time given to the offender in committing the crime. Without such chance or
opportunity given to the offender, there could be no crime committed in many instances, the victims
are the ones making opportunity for the offender to commit such crime.

3. Instrumentality/Capability
-It is the use of materials and the other mans which are essential in the commission of the crime.
Thus, crime will not occur if all the elements of the crime exist. Further, if one of the elements of crime
is absent eh crime will not and will never be happen.

KINDS OF CRIMINAL INVESTIGATION

Generally speaking, the two kinds of criminal investigation are:

1. Investigation while the suspect is under arrest and detention

2. Investigation while the suspect is at large

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AT-LARGE- It is not being wanted person before the eyes of law

FUGITIVE FROM JUSTICE- It is an escapee from detention or an escaped prisoner while serving
sentence by virtue of a final judgement rendered by a court of competent jurisdiction that can be
legally arrested without the necessity of warrant of arrest.

THREE PHASES OF CRIMINAL INVESTIGATION

1. The Criminal is identified
2. The criminal is traced, located and arrested
3. The fact or evidence to prove his/her guilt is gathered for introduction during trial.

GOALS OF CRIMINAL INVESTIGATION

1. Determine whether a crime has been committed
2. To legally obtain information or evidence
3. To identify person involved
4. To arrest suspect
5. To recover stolen properties
6. To present the best possible case to the prosecutor

MODES OF INVESTIGATION

1. Reactive Mode of Investigation- addresses crime that already happened or occur.

2. Proactive Mode of Investigation- identities and arrest suspects before crime will happen. It is
designed to catch a criminal in the act of committing a crime rather than waiting until a crime is
reported by a concerned citizen.

Is Investigation an Art or Science?

Investigation is a mixture of an art and a science.

Investigation is a science because there are certain rules that should be followed to conduct a
successful investigation and because the pure and applied science play an increasingly important role
in investigation.

Investigation is considered as an art because it depends on the skills of the investigator, including
interpersonal communication and creativity.

Criminal Investigation as an Art

Criminal Investigation is considered as an art because it is not governed by rigid rules of fixed legal
procedures but most often based on intuition (logic and tested knowledge, immediate
learning/consciousness) and sometimes by change.

Most often than not, it is governed by

a. Felicity/Inspiration
b. Intuition
c. Luck

It was Dr. Hans Gross who said that criminal investigation is 95% perspiration, 3 % inspiration and 2
% luck. This means that the investigators should not only depend on inspiration or luck or else they
will fail 95% in their investigation. One hundred percent effort must be exerted because inspiration or
luck may never come in this way.

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Criminal Investigation as a Science

It is a science because it involves the application of knowledge of forensic sciences in the process of
identifying, locating, collecting, processing, and or evaluating physical evidence.

STEPS IN CRIMINAL INVESTIGATION

1. Identification/Recognition of facts, information, evidence

2. Collection of facts, information, evidence
3. Preservation of forensic value (Legal Integrity)
4. Evaluation, processing of evidence and case
5. Presentation of evidence and criminal case.

CRIMINAL INVESTIGATOR

It refers to the person who performs an investigation. It is also known as prober and a considered as
the superstar in the process of Investigation.

POLICE INVESTIGATOR

It refers to the PNP uniformed personnel both Police Commissioned Officer (PCO) and Police Non-
Commissioned Officer (PNCO) conferred with the appropriate certification to investigate with care and
accuracy, by conducting step-by-step examination, through patient inquiry and meticulous
observation, data and other pertinent matters to support crime theories and establish relevant facts to
aid in identifying the offense and criminal offender, locating him and providing evidence oh his guilt
leading to the successful filing and prosecution of the offense.

A police investigator must be a graduate of Criminal Investigation Course (CIC) for PNCP and the
Investigation Officer Basic Course (IOBC) for PCO’s.

POLICE DETECTIVE
It refers to the PNP uniformed personnel who was previously certified as a police investigator but was
able to complete 18 units of Masters Degree, and completed the Police Detective Course (PDC), and
acquired the requisite experience relating to investigation of cases and appearance in court duties to
support the successful filing and prosecution of offense.

ROLES OF THE CRIMINAL INVESTIGATOR

1. Determine whether a crime has been committed
2. Identify the victims and the offender
3. Locate and apprehend the offender
4. Present evidence of guilt for the offenders
5. Assist in case follow-up
CHARACTERISTICS OF COMPETENT CRIMINAL INVESTIGATOR

1. Perseverance- it refers to the steadfastness, persistence and resolution to bring the desired
conclusion is spite of obstacles connected with criminal investigations.

2. Endurance. This is the ability of the investigator to last physically and mentally hence he/she must
have the extraordinary physical and metal energy, enduring sleepless nights and tiresome days.

3. Incorruptible honesty and integrity. This refers to the degree of honesty and integrity of the
investigator on several temptations over money that are offered to affect the investigation. Women
and drinks are ticks of temptations.
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4. Intelligence and Wisdom of Solomon. This is very important in order that the investigator could
easily decipher falsehood from truth and separate the grain from the chaff.

5. Acting Activity. It refers to the ability of the investigator in stopping down to the level of a minor,
the prostitute or the slum dwellers, professionals or other members of the elite during the investigation
process.

6. Oral and Written Communication. Every investigator should have a basic knowledge on both oral
and written communication in probing a certain issue in order that he/she will not suffer setback in
getting the accurate facts information. This includes the use of appropriate words in making a report
and writing observations and descriptions of places, things and events.

7. Observation and Descriptions. The investigator should keen observer and knows how to
accurately describe anything. This is important in crime scene investigation and in conducting an
interview and interrogation.

8. Courage. It is the moral fortitude of the investigator to tell the truth irrespective of who gets hurt.

9. Knowledge on Laws. The investigator should have basic knowledge on legal matters concerning
investigation.

10. The power to “Read between the lines”. This refers to the ability of the investigator to interpret
the words or phrases encountered in the process of investigation into their deeper meaning in order to
arrive with a concrete meaning oft the certain statement.

11. Technical Knowledge. This refers to the investigator’s capability of defense tactics, use of
firearms and the like. In many occasions, he/she will be alone in confronting arresting, bringing to
headquarters and interrogating the suspects.

BASIC ELEMENTS IN CRIMINAL INVESTIGATION

1. Recognition

It involves the effort of identifying data, including physical things that may provide relevant information
regarding the criminal cases being investigated. That is why recognition is otherwise known as
identification stage of investigation.

The earlier significant facts are identified, the sooner the case will be solved.

Significant things that must be recognized may be in the form of bloodstains ate the crime scene,
neighbor who accidentally saw/witnessed a burglary in progress, or bank record of a drug dealer.
These are highly relevant facts that can be used by the investigator, to be developed on a well-
founded belief that a crime has in fact been committed.

2. Collection

It refers to the act of gathering those identified data or facts, or physical things that are significant to
the case under investigation. Collection may be done by scaping the bloodstains found at the crime
scene, interviewing the neighbor who saw the burglary or examination of drug dealer’s bankbook.

3. Preservation

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It is a function that is almost simultaneously performed during the collection stage. It includes the act
of keeping the collected pieces of evidence in their true and original form, preventing contamination or
destruction of their substantive value.

Preservation does not only involve the process of packaging physical evidences in order that they can
be safely transmitted to the evidence custodian or to the crime laboratory but covers the process of
maintaining the objectivity of facts or information also fathered from the testimony of witnesses,
victims of other persons involve in the criminal cases.

4. Evaluation

It refers to the processes of determining the probative value of the evidence.

Probative Value- refers to the strength of the evidence or its worth/weight in successfully
establishing a proof that a crime has in fact been committed and that the suspects/accused is the
one who is responsible for it.

5. Presentation

It is primarily manifested in the courtroom. The investigator, with the help of the prosecutor, must be
able to present facts and information in a very simple and convenient manner in order to convince the
court and other parties involved in the criminal case about the validity and truthfulness of the evidence
they are trying to prove or establish.

CARDINAL POINTS OF CRIMINAL INVESTIGATION

1. Who Questions:
These are questions used to inquire on the identify of the victims or offended party, name of the
suspected accomplices, accessories and witnesses of the crime.

1. Who reported the crime? Who discovered the crime?

2. Who saw how the crime was perpetrated?
3. Who is the victim? Who had any misunderstanding with him/her?
4. Who is the offender/perpetrator/culprit?
5. Who are the companions, associates or accomplices of the perpetrator?

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.

1. What happened?
2. What specific actions did the suspect/victim/witness do?
3. What is the nature of the crime?
4. What was/were the weapons/tools/used by the culprit?

3. Where Questions.
These are the 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.

1. Where was the crime discovered?

2. Where did the offense take place?
3. Where are the victims, witnesses or culprits?
4. Where do the victims/witnesses/culprits are?
5. Where was the suspect when the was apprehended?
6. Where were the weapons or tools used in committing the crime?
7. Where did the investigator secure or obtain the evidence?

4. When Questions.

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These are questions needed to determine and fix the time, day, month and year when the crime was
committed.

1. When was the crime committed?

2. When was it discovered?
3. When was the police notified?
4. When was the victim last seen?
5. When was the suspect arrested?

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.

1. Why did the offender do it?

2. Why did the/she kill the victim?
3. Why didn’t she/he just let the victim jo?
4. Why didn’t the suspect surrender?

6. How Questions.
These are designed to help the investigator to determine how the crime was committed, the
means/tools that were employed, how the crime was discovered and how the culprits entered the
building room.

1. How did the suspect get near to the victim?

2. How di he/she perform the crime?
3. How did the criminal get all the necessary information?
4. How did the criminal get away from the crime scene?
5. How was the crime scene search conducted?

The Golden Rule in Criminal Investigation

“Never touch, alter, move or transfer any object at the crime scene unless it is properly
marked, measured, sketched and or photographed”.

The purpose of this rule is to avoid the mutilation, alteration, and contamination (MAC) of the
physical evidence found at the crime scene.

TOOLS OF CRIMINAL INVESTIGATION

OR THE THREE (3) I’s OF AN CRIMINAL INVESTIGATION

1. INFORMATION
2. INTERVIEW/INTERROGATION
3. INSTRUMENTATION

DEFINITION OF TERMS:

1. Interviewer- refers to a person who conducts interview.

2. Interviewee- refers to the person being interviewed.

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3. Interrogator- it is the person who performs skillful questioning of hostile witness and suspects for
purposes of obtaining confession or admission.

4. Interrogee- it is the subject of interrogation whether a suspect or a victim.

5. Suspect- it denotes any person associated to the commission of a crime. A suspect may also
refer to any person whose guilt is considered on reasonable ground to be a practical possibility.

6. Witness- is a person other than the suspect, who is requested to give information concerning
an incident. He/she may be a victim, complainant, an accuser, a source of information, and a
observer of the occurrence, a scientific specialist who has examined physical evidence or a
custodian of official documents.

1. INFORMATION

This is the knowledge which the investigator gathered and acquired from persons, records and
“modus operandi file”. Information is important in investigation because it answers the question, WHO
DID IT? The ability to secure information is considered the chief asset of an investigator.

INFORMATION CLASSIFIED AS TO SOURCES

1. Regular sources
- records, files from government or non-government agencies and news items, intercepted radio or
telephone messages and stored computer data.

2. Cultivated sources
- information furnished by informants or informers.

3. Grapevines sources
- information coming from the underworld characters such as prisoners or ex- convicts.

INFORMERS
Are those persons who provide information to the police on a regular basis. They are either paid
regularly or in a case to case basis, or none at all. They are cultivated & established by the police on a
more or less permanent character & as long as they are loyal and useful to the police organization.

INFORMANTS
It refers to any person who furnishes the police an information relevant to the crime under
investigation or about the activities of the criminals or syndicates. Informant may openly give the
information or offer himself to be a witness.

CONFIDENTIAL INFORMANT

It is one who provides the police with the confidential information concerning a crime. The informant
does not want to be identified as the source of information. Under the law, these types of informants
are protected & their identity could not be revealed by the police even under the order of the Court
unless an exceptional case where there is a claim of the defense that the informant framed-up the
accused.

TYPES OF INFORMANTS:

1. Anonymous Informant
- a phone caller, letter writer or a text sender. Never tell the informant that the investigator already
knows the information. The duty is to receive the information & not to reveal to the caller any
other information or facts about the case.

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2. Rival-Elimination Informant
- maintains identity being anonymous. His purpose is to eliminate rival person or gang due to
competition or other motives such as revenge & etc.

3. False Informant
- Usually reveals information of no consequence, value or stuff connected with thin air. His purpose is
to appear to be on the side of the law & for throwing out suspicion from himself or from his gang or
associates.

4. Frightened Informant
- possesses fear or has self interest in giving information to the police. He might be one of the lesser
gang members who runs to the police when his gang mates are about to be involved in a dangerous
situation or when the gang is hot on the police trail. He is motivated by anxiety & self-preservation of
his well-being & will furnish information to protect himself or sustain self-importance. This type is the
weakest link in the composition of criminal chain.

5. Self-aggrandizing Informant
- moves around the centers of criminals, group or syndicate & delights in surprising the police about
bits of information. His information may be of value by way of authentication in the intelligence
operation.

6. Mercenary Informant
- The informant has information for sale. He may have been victimized in a double-cross or little share
in the loot or given a dirty deal & seeks revenge as well as profit in his disclosure.

7. Double-crosser Informant
- he uses his seeming desire to divulge information as an excuse to talk to the police in order to get
more information from them than he gives. To counter this kind of informant, the police apply
deception method by giving him false information that will lead to his capture.

8. Women Informant
- a female associate of the criminals, who was roughed up, marginalized in the deal or being eased
out from the group. care must be given to this kind of informant because women, given the skills &
expertise are more dangerous than men. They often give free romance that will result in blackmailing
the investigator or will result to an extended family for support.

9. Legitimate Informant
- desire to give information that springs from legitimate reasons. They may be a legitimate business
operator who abhor the presence of criminals in their trade & parents who are afraid that their siblings
will be influenced by their friends who are suspected to be criminals. Others are included where their
desires to give information are impressed with lawful motive.

MOTIVES OF INFORMANTS

1. Vanity
The motive is for self-aggrandizement by gaining favorable attention & importance by the
police.

2. Civic Mindedness
It is imbued with the sense of duty & obligation to assist the police in their task.

3. Fear-is an engendered illusion of oppression from enemies or from impending dangers.

4. Repentance
Those lesser criminals such as accomplices or accessories who will have a change in heart to
unburden their conscience.

THE PROVERBAL BASIS:

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The saying that says: “It needs a thief to catch another thief”. The history of the French police
proved that this saying is true. The elite French Surete, task to investigate criminal cases, hired an ex-
convict as an informer. This ex-convict produced outstanding successes in the solution of cases
seemingly difficult to be solved. The ex-convict later became the Chief of the French Surete & the
man was Vidocq.

SELECTION OF INFORMERS

There is no hard and fixed rule in the selection of informers. This is addressed to the sound discretion
of the investigator. The informer may be to a fixed period of assignment or into a case-to-case basis.

The informer must be indoctrinated that they are not immune from arrest & prosecution if they commit
crime. They should not bring shame & dishonor to the police service. When they will commit crimes,
they should be punished like the rest.

All sectors of society must be covered, & their composition must include but not limited to taxi drivers,
jeepney & bus drivers, vendors, conductors, waiters, dancers, ex-convicts, shady or underworld
characters, hostesses, bankers, security guards, businessmen, prostitutes, the elite in the society &
others.

They should be planted as moles or stole pigeons practically in all corners of social order.

CRITICAL AREAS IN DEPLOYMENT OF INFORMERS

1. Within the ranks of criminals & criminal syndicates

2. Associates & friends of criminals
3. Places or hang-outs of criminals such as night clubs, bars, hotels, billiard halls & other
places
4. Slums & residential places where criminals have their contacts
5. Detention centers such as local jails & National penitentiaries, in many instances crimes were
solved by planting moles among detention prisoners in the holding centers of investigative units
thru agreements with prison authorities.
5. Places where criminals dispose their loots.

WOMEN INFORMERS:

This is the most effective among informers because they could easily penetrate the ranks of criminals
with less suspicion. Besides they could mingle with the crowd easily & could obtain information more
than their male counterparts, especially if their beauty attracts attention. They have easier access to
women associates of male criminals. However, care must be employed as they could easily double-
cross the police once they fall in love with criminals.

DUAL ROLE OF INFORMERS

1. Identifying & tracing the whereabouts of the suspects
2. Gathering of information that will lead to the location and recovery of the evidence such as the loot
or other pieces of evidence relevant to criminal activities.

OTHER SOURCES OF INFORMATION:

1. Government Records

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Police files, NBI files, Bureau of Immigration files, Comelec files, files from the local jails, National
penitentiaries & other government agencies.

2. Private Records- from private offices & business & non-government organizations.

3. Intercepted Messages
It is from telephones, cell phones, radio telecommunications & other means of communications.
(RA 4200 and RA

4 Records of Firearms & Explosive Unit concerning licensed holders of firearms & authorized
possessor of explosives.

5. Fire Bursting
Tracing the chain of possession of a firearm, from the manufacturer, distributor, seller, and the last
possessor. This could be done thru the files of the FBI & other police agencies.

6. Records of foreign & local manufacturers of vehicles concerning the engine & chassis
numbers of the suspected vehicles used in the commission of crimes or are the subject of
carnapping.

7. Stored data on computers & Cell phones

Only experts must be employed to retrieve the data

2. INTERVIEW
It is the simple questioning of a person believed to possess information, which are relevant to the
investigation of a crime or on criminal activities.

In an interview, the interviewee is willing and cooperative with the person conducting the interview.

GENERAL KINDS OF INTERVIEW

1. Cognitive Interview
This is conducted to willing and cooperative witnesses, where they are given the full opportunity to
narrate their accounts without intervention, interruption and interference from the interviewer.

After the subject finished his/her narration, the investigator now subjects him/her to the style of direct
examination and cross-examination to clarify the unexplained portions to arrive at the vivid (bright)
and complete picture of the testimony.

2. Question and Answer

This interview as practiced by some investigators requires the interview to answer the questions
posed by the investigator. The interview is required to answer on what he/she knows about what is
being asked in the case of subjects of low level of intelligence, the use of leading questions greatly
helps the investigator to obtain the full and desired information.

Golden Rule in Interview

“Never allow the interviewer to conduct nor let anyone to conduct an interview without
prior visit to the crime scene”.

The questioning should be in agreement with the facts and conditions at the crime scene. The
questioning will lead wayward for the interviewer who had not seen personally the crime scene and
he/she will not be in a position to distinguishes half-truths exaggerations of falsehood from t he
answers of the person being interviewed.

Qualities of a Good Interviewer

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1. Rapport
It refers to the good relation between the interviewer and the interviewee, which is conducive to a
fruitful result. It is winning the confidence of a person being interviewed in order that he will tell all the
information in his/her possession. The interviewer must be in a respectable civilian attire because,
most often and the majority of people, the police uniforms is barrier in establishing good rapport. To
many, the uniform is intimidating.

2. Forceful Personality
The appearance of the interviewer and other qualities such as skills of communication techniques or
the force of language are the mainstay of the strength of his character. He/she must be
understanding, sympathetic and without showing official arrogance, vulgarity of expression and air
superiority.

3. Knowledge on Psychology/Psychiatry.
This will help the interviewer determine the personality and intelligence of the suspect; he/she must go
down and up to the level of understanding of his/her particular subject.

4. Conversational Tone of Voice

Investigators tone of voice must be conversational, not confrontational as in interrogation. It means
that the interviewer must know how to appropriately use his/her voicer normally, without unusual
loudness that may affect the interview process.

5. Acting Qualities
He/she must possess the qualities of an actor, salesman and psychologist and know how to use the
power of persuasion. This is done to convince the person to disclose what he/she knows about the
issue being investigated.

6. Humility
He/she must be courteous, sympathetic and humble, ready to ask apologies for the inconvenience of
the interview. This is usually done at the end of the interview that may give a good impression to the
being interview.

Reasons why witnesses Refuse to Testify

1. Fear of Reprisal
Witnesses who lack the courage to face the suspect, his associates or relatives always entertain the
fear of reprisal. This is natural, especially those who have no means to protect themselves, or no
influential person for them to rely on.

This is prevalent among the generally underprivileged sectors of our society. The investigator must
remove these fears from the mind of his/her witnesses either by offering protection or by the
explanation that unless the suspect is not put behind bars, the fear will not disappear. The
investigators power of persuasion plays a vital role.

2. Great Inconvenience
On the part of those of hands-to-mouth existence there is this real inconvenience, which will deprive
them the time to earn for their living especially during the ordeal of testifying during the trial. To those
unemployed, the inconvenience is greater thus the investigator must sincerely help them through
his/her contacts with the business community.

3. Hatred against the Police

This hatred may be due to previous bad experience with rogue members of the police organization.
The investigator must show the difference between him/her and the rogue policeman by honest and
sincere entertainment of the complaint against the rogue cops. He/she must explain that these
scalawags represent only small percentage of whole organization and the police leadership is
addressing the situation properly.
4. Because of Bias of Witness

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The witness may an acquaintance, friend, helper or benefactor of the suspect. All of these and other
relationship of the witness to the suspect must be explored so than an intelligent approach is properly
applied.

5. Avoidance of Publicity
There are witnesses who are shy and they shun publicly that will bring discomfort to t heir ordinary or
obscure way of living. The investigator must hide these witnesses away from the reporters.

6. Family Restriction
Some famous and respected families preserve their reputations by instilling to their members the
need of the approval of their elders on matters affecting the families. The investigator must talk to the
elders for their approval for a member to testify.

PHASES OF INTERVIEW

1. Preparation
Investigator must review the facts at the crime scene and information from other sources in order that
he/she would be ready for the questioning. A background data of the subject should be available so
that he/she could adapt himself/herself to the kind of approach to the employed.

2. Approach
This is done through investigator’s careful selection of the kind of approach to use, which may be a
single kind, a combination of two or the application of all techniques.

3. Warming Up
This is done by preliminary or exploratory or exploratory questions to clear the atmosphere and
promote a conducive place for cordiality, respect and trust for each other.

4. Cognitive Interview
This is performed by allowing or already asking now the subject to narrate his/her account without
interruption, intervention or interference. It is only after the completion of the uninterrupted narration
that the investigator begins the direct and cross-examination.

Rules in Questioning

1. One question at a time.

Multiple, complex and legalistic questions should be avoided. One question at the time is desired.

2. Avoid implied answer.

The nod of the head or any other body language as a response to the questions should be avoided.
The answers must be oral, clear explicit and responsive to the questions.

3. Simplicity of Question
A short simple question at a time is required. If the answer needs qualification, then, it should be
allowed. Avoid legalistic questions such as who is the murderer, or who are in conspiracy with the
subject.

4. Saving Face
Embarrassing questions on the subject on matters of exaggeration or hones errors about time,
distance and description can be avoided if the investigator will cooperate with the subject to save his
face. The investigator should not fault or ridicule the subject on these matters.

5. Yes and no answer

Do not ask questions which could be answered by yes or no only. It will curtail the complete flow of
information and will lead to inaccuracy.

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TYPES OF WITNESSES

1. Know-nothing Type
This is a reluctant type of witness. It is found among the uneducated and of low level of intelligence.
The technique to be applied is to be with their level of intelligence and by interrogation.

2. Disinterested Type
This refers to an uncooperative and indifferent subject. To deal with this type is to find out his/her
field of interest so that he/she will talk. His/her indifference should be demolished to arouse interest or
be flattered instead.

3. The Drunken Type

The style of questioning by the investigator should be adapted to the psychology of the subject. When
the drunken subject has sobered, another interview will be conducted, confronting him/her about
disclosures while in the state of drunkenness. The written statement must be taken during his/her
sobriety.

4. Talkative Type
This is a witness who is prone to exaggerate adding irrelevant or new matters to their
narration. The skillful investigator could prune the unnecessary matters from the relevant ones.

5. Honest Witness
This is a liar type of witness. Let him /her lie and order later to repeat several times the narration.

6. Deceitful Witness
This is a liar type of witness. Let him/her lie and order later to repeat several times the
narration. He/she will be enmeshed in contradictions. If possible, the lies must be tape recorded for
the confrontation about the contradiction.

Pressure him/her for possible cases of perjury or obstruction of justice and he/she will tell the
truth.

7. Timid Witness.
This is a shy witness. The approach must be friendly and reassuring confidentiality of the
information. It should be hidden from the devouring press by interview or photo sessions.

8. Refusal to Talk Witness

This is the most difficult subject to deal with. Find out the reasons of his/her personality such as:
trauma, shock, fear, hatred, and others. Remove these fetters of silence so that he/she will start
talking.

INTERROGATION

It is the vigorous and confrontational questioning of a reluctant suspect about his/her participation in
the commission of crime.

It is confrontational in the sense that the investigator places the guilt on the accused. This process
could also be applied to an uncooperative or reluctant suspect/witness.

Interrogation is one of the most difficult but most interesting phases of criminal investigation and
detection. It is a challenging battle of wit between the investigator and the suspect. It is a mental
combat where the weapon is intelligence and the use of the art. Victory depends upon proper and
effective use of the art. Witnesses or victims are interview, and suspects are interrogated.

GOALS OF INTERROGATION

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1. To find out the truth about the crime

2. To obtain an admission or confession of guilt from the suspect

3. To gain all facts in order to determine the method of operation or modus operandi and the
circumstances of the crime in question.

4. To collect information that guides investigators to arrive at a logical conclusion.

What is the main purpose of interrogation

The main intention of interrogation is to obtain confession or admission from the suspects and to learn
relevant information for uncooperative witness.

When the accused confessed to the commission of a crime/he or she accepts the facts constituting
the offense but if he/she interposes self-defense or other exculpatory ground, then the
acknowledgment is not a confession butt admission.

CONFESSION

1. There is declaration of the person (accused).

2. The accused acknowledge guilt from the commission of a crime
3. Guilt is admitted.

ADMISSION

1. There is a statement of the person (accused).

2. The person only agreed on facts or circumstances of the crime
3. There is no acceptance of guilt.

KINDS OF CONFESSION

1. Extra Juridical Confession

It is a confession that is made by the suspect during custodial investigation or those confession that
are made outside the court.

Sec 3, Rule 133, Rules of Court stated that:

“Extra judicial confession is not sufficient ground for conviction: An extra judicial
confession made by an accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of corpus delicti-body of the crime”.

These reason for the above rule is to guard the accused against conviction based upon false
confession of guilt. It is possible that a person might have confessed his/her guilt regarding an
offense, which someone has committed and when asked of his/her victim of the nature of the injuries
inflicted by him/her, it does not coincide with the identify or nature of the injuries receive by the
victim.

Type of Extra-Judicial Confession

1. Voluntary Extra-Judicial Confession

The confession is voluntary when the accused speaks of free will and accord, without inducement
of any kind, with a full and complete knowledge of the nature and the consequence of the
confession.

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2. Involuntary Extra-Judicial Confession

This confession obtained through force, threat, intimidation, duress or anything influencing the
voluntary act of the confessor.

Note:
Confession obtained from the defendant by means of force or intimidation/violence is null and void,
and cannot be used against him/her during the trial (Doctrine of Poisonous Tree).

2. Judicial Confession
This confession is made by the accused in open court. The plea of guilt may be made during
arraignment or any stage of the proceedings where the accused changes plea or not guilty to guilt.
This is conclusive upon the court and may be considered to be a mitigating circumstance to criminal
liability.

A plea of guilty when formally entered on arraignment is sufficient to sustain conviction of any offense,
even a capital one, without further proof.

Sec. 2, Rule 129, Rules of Court affirmed that:

“Judicial admission is made by the party in the pleadings, or in the course of the trial or other
proceedings do not require proof and cannot be contradicted unless previously shown to have been
made through palpable mistake.

TECHNIQUES OF INTERROGATION

1. Emotional Appeal
This is the technique whereby the investigator, combining the skill so f an actor and psychologist,
addresses the suspect with an emotional appeal to confess. This is applicable to firs time offender or
those who are of the emotional type of characteristics displayed by nervousness or emotional
disturbances. Devotees of a religion may belong to this type.

2. Sympathetic Approach
The investigator, in his/her preliminary or probing questions must dig deep into the past troubles.

3. Friendliness
A friendly approach coupled with a posture of sincerity may induce the suspect to confess.

4. Trick and Bluff Techniques

a. Pretense of Solid Evidence

The investigator bluffs the suspect that even if he/she will not confess, there is enough evidence to
send him/her to jail. If confession is made, the investigator will see to it that his/her prison term will be
within the range of probation.

b. Weakest Link
Among the suspects, there must be a careful selection of who among them is the weakest link where
the interrogation will begin. By tricks and bluffs, this weakest link will be told that his/her companions
had already confessed and that this weakest link had dealt the fatal blow or that he received the lion
share of the loot in order to intrigue him.

c. Drama
The weakest link maybe used to fake pain and agony by ordering him/her to shout, accompanied by
banging a chain on the wall to make it appear that a Commotion is going on. The other suspects in
separate rooms must hear the drama before telling them that t heir partner had confessed.

d. Feigning Contact with Family members

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The suspect could be tricked that the investigator had gone to the residence and the family members
had supplied facts against the suspect. The suspect family will be dragged into the investigation if the
suspect will not confess.

e. Line Up
The complainant, witness or victim is requested to point positively to the suspect in the police line-up.
The witness’s victims or complainant are previously coached about the identity of the suspect.

f. Reverse Line up
The suspect is placed among other persons in a line up and he/she is identified by several
complainants and witnesses who will associate the suspect in other several crimes. This will
cause the suspect to become desperate and confess only to the case under investigation, to avoid
from being charged on false accusations.

g. Stern Approach
The investigator displays a stern (demands immediate response) personality towards the suspect by
using the following methods:

1. Jolting- In the questioning process, the investigators select the right moment to shout a pertinent
question in an apparent righteous outrage. The suspects nerves will break to a confession.

2. Opportunity to Lie- the suspect is given all the opportunities to lie. The suspect is questioned
about his/her personal life, family, friends and his/her knowledge about the complainant and
witnesses. Then the suspect is questioned about his/her activity prior, during and after the
commission of the crime. This is repeated many times, to include the investigator focusing questions
about the knowledge of the suspect of the crime. The suspect will be enmeshed in contradiction,
which is not capitalized by the investigator to get the truth from the suspect, if possible, the
interrogation must be taped recorded for purposes of emphasis during the confrontation of the
contradictions.

h. Mutt and Jeff or Sweet and Sour Method

The first set of investigation must appear to be rough, mean and dangerous. When they had finished
the interrogation, the second investigator intervenes by stopping the first set of investigators. By being
sympathetic and understating, he/she begins his interrogation. If the suspect still refuses to cooperate,
then the process is repeated until there is a confession.

i. Removing the Ethnic or Cultural Barrier

If the suspect is an Ifugao (person from Ifugao Province), then preferably, an Ifugao investigator is
recommended to interrogate him, the same with other ethnic or cultural groups. It is a Filipino’s way of
life that people put trust and confidence to those who belong to their clan or tribe. The interrogation
must be in the language or dialect of the suspect to get his confidence. This is removing the
dialect/language barrier.

5. Rationalization
It is the use of reasons, which is acceptable to the subject that led to the commission of the crime.
Thus, it may be said that sometimes, killing is necessity rather than by purpose of design.
Robbery is maybe a necessity to feed a starving family. The application of this technique depends
upon the nature of crime.

7. Projection
It is the process of putting the blame to other persons, not alone to the suspect. The murderer may
blame the mastermind for corrupting him/her with big sums of money or the mastermind blaming the
greediness of the victim or the husband blaming the wife for her infidelity. Or that it is a necessary evil
as the victim is planning to kill the suspect.

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8. Minimization
It is the act of minimizing the culpability of the suspect. The investigator convinces the suspect that a
confession will reduce the offense and the penalty. Thus, the investigator could study if there is a way
to downgrade murder to homicide or the introduction of mitigating circumstances with the result of the
penalty being within the range of probation.

APPARENT SIGNS OF DECEPTION

1. Excessive Sweating
The profuse sweating indicates tension, anxiety, shock or fear. Extreme nervousness is also the
cause of sweating.
2. Change of Facial Color
Anger is indicated if the face is blushing. It is also the result of extreme nervousness of
embarrassment. It is necessary as a sign of deception on guilt. A place is a reliable indicator of guilt
or deception.

3. Dry Mouth
This is a sign of great tension and is reliable symptom of deception. Swallowing, constant movement
of the Adams Apple, and sweating of the lips are indications of dryness of the mouth.

4. Excessive Breathing
An effort to control breathing during the critical questioning is an indication of
deception. Gasping of breath is the ultimate result of the control in breathing.

5. Increase of Pulse Beat.

When observed at the side of the neck, the investigator has to discover the increase of pulse beat
which is indicative of deception.

6. Avoidance of Direct Eye Contact

This may indicate guilt or deception. Misty or teary eyes indicate remorse or repentance.

CHAPTER 3

ARREST AND WARRANT OF ARREST

Arrest
It came from the Latin word:
Arrestare- cause to stop
Restare- stay behind

ARREST

It is the taking of a person into custody in order that he/she may be bound to answer for the
commission of an offense.

An arrest is made by an actual restraint of a person to be arrested or by his/her submission to the

custody of the person making an arrest.

TWO MODES OF ARREST

1. Arrest by virtue of Warrant;

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2. Arrest without a warrant under exceptional circumstances as may be provided by

the statute.

1. Arrest Warrant

It is an order in writing issued in the name of the People of the Philippines signed by a judge directed
to a peace officer, commanding him/her to arrest the person designated and take him into custody of
the law in order that he/she may be bound to answer for the commission of an offense.

Essential Requisites of a Valid Warrant of Arrest

1. It must be issued upon probably caused which may be determine personally by a judge after
examination under oath or affirmation of the complainant and the witnesses she may produce.

Probable Cause
It refers to the evidence that warrants a person of reasonable caution in the belief that a crime
was committed.

2. The warrant must particularly describe the person to be seized.

John Doe Warrant

It is a warrant containing no specific person to be arrested but only descriptions based on the
testimonies of the victims/ or the witnesses. It contains the physical description of the accused as well
as the other factors to be considered for the identification of the accused.

It is also known as Richard Doe and/or Jane Doe Warrant.

Alias Warrant

It refers to the warrant of arrest issued by a judge to the peace officer after returning the original
warrant of arrest after the lapse of the 10-day validity period.

Warrant Officer

It is any authorized member from the law enforcement agency usually from the Philippine National
Police or National Bureau of Investigation who holds a warrant for execution within 10 days from
receipt subject to renewal in case of failure to execute the same.

Who may issue a Warrant of Arrest?

The general rule on who is authorized to issue warrant of arrest is the judge of any competent court of
the Philippines.

Duties of an Arresting Officer

A s provided under Section 3 of Rule 113, the arresting officer has two primary duties:

1. While arresting the accused/suspect, the arresting officer should inform the cause of arrest and
the fact that a warrant had been issued to the arrested person;

2. Any police officer making a lawful arrest should take the person arrested without unnecessary
delay and deliver him/her to the nearest police station or jail.

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In case of Warrantless Arrest, it is the inherent duty of the arresting officer to detain the
person/respondent and file the proper information within the specified time as provided under Article
125 of the RPC, which has been amended by Executive Order No 272 on July 25, 1987.

Note:
It is not the physical delivery of the person that is required under the law. What is legally required is
filing the information against the arrested person in the proper court where the judge has the authority
to issue an order of release of confinement.

Executive Order No. 272, Amended Article 125 of the RPC (delay in the delivery of detained
person to proper judicial authorities).

It is extended the period authorized to detain a person prior to delivery to the judicial authority. The
law requires a police officer to detain a person for some legal ground and file the appropriate
information to the proper judicial authority, within the following periods and conditions.

Time/Period Penalties
12 Hours - Light penalties and their equivalent
18 Hours - Correctional penalties and their equivalent
36 Hours - Afflictive/capital penalties and their equivalent

Execution of Warrant of Arrest

The head of office to whom the warrant of arrest was delivered for execution shall cause the warrant
to be execution within 10 days from the receipt.

Within 10 days after the expiration of the period, the officer to whom was assigned for execution shall
make a report to the judge who issued the warrant. In case of failure to execute the warrant, he/she
shall sate the reasons therefore.

Even if not served within the statutory period of 10 days, a warrant of arrest remains valid. It
remains valid unless:

1. The warrant was recalled by the issuing court;

2. The respondent was already arrested;
3. the respondent voluntarily submitted himself/herself to the jurisdiction of the
issuing court;
4. The respondent died;

Note: A warrant of arrest has NO expiry date. It remains valid until arrest is effected or
warrant is lifted.

PRINCIPLES OF ARREST

The following are the basic rules of arrest:

1. A warrant of arrest is enforceable only within the territory of the government or state issuing the
warrant.

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2. In a warrantless arrest based on the commission of a crime, the crime must have been
committed within the territory of the government or state whose agents are carrying out the arrest.

3. In arrest based on a warrant of arrest, it is not essential that the arresting officer has the warrant
in the possession at the time he carries out the warrant.

3. The Warrantless Arrest

As a general rule, it is a requisite that warrant should be issued in the name of the person to be
arrested. Any peace officer who arrest a person without warrant may be liable under Article 125 of the
Revised Penal Code (Arbitrary Detention). The following are the situations in which a police officer
may arrest a person without warrant based on (Rule 113, Section 5, Rules of Court).

a. When in his/her presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense.

Related Cases:

Umil v. Ramos (187 SCRA 311)

The Supreme Court held that rebellion is a continuing offense. Accordingly, a rebel may be arrested,
with or without a warrant, as he/she is deemed to be in the act of committing the offense at any time
of day or night.

Peoples vs Sucro (195 SCRA 388)

It was held that then a police officer sees the offense, although at a distance, or hear the disturbance
created thereby, and process at once to the scene thereof, he may effect and arrest without a warrant.
The offense is deemed committed in the presence or within the view of the officer.

b. When an offense has in fact 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. (Doctrine of Hot Pursuit)

HOT PURSUIT

It is also known as Fresh Pursuit

It shall mean an immediate, recent chase or follow-up without material interval for the purpose of
taking into custody any person wanted by virtue of a warrant or one suspected to have committed a
recent offense while fleeing from one police jurisdiction to another, necessitating the pursuing. Police
Unit may cross jurisdictional boundaries that will normally require prior official personal inter-unit
coordination but which the pursuing unit cannot at that moment comply with due to the urgency of the
situation.

A Team Leader of the Local Police Units operating outside their Area of Responsibility
(AOR) and National Support Unit shall coordinate personally or through an official representative with
the concerned territorial Police Office within whose jurisdiction the operation to conduct using the
prescribed Coordination Form prior to the launching of the operation, except in cases of hot pursuit
where the inter-unit coordination through the written form cannot be made due to the nature and
urgency of the situation.

In such case, the Police Unit in pursuit shall endeavor to notify the territorial unit by any means
of appropriate communication at any time during the hot pursuit and if not possible, shall accomplish
and furnish the territorial police unit a written incident report immediately after the termination of that
particular pursuit operation.

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Related Cases:

Go vs Maguan

Six days after the shooting, the petitioner presented before the San Juan Police Station
verified news reports that he was being hunted. The police detained him because an eyewitness had
positively identified him as the gun who shot Maguan. The Supreme Court held that there was no
valid arrest; it cannot be considered as within the meaning of the offense had just been committed in
as much as Six days had already elapsed; neither did the policeman have personal knowledge of
facts that Go shot Maguan.

People vs Gerente

The case cites the policeman who saw the victim dead the hospital and when they inspected the
crime scene, they found the instrument of death, and the eyewitness reported the happening and
pointed Gerente as one of the killers. The warrantless arrest of Gerente only three hours after the
killing was held became valid, since the policeman had personal knowledge of the violent death of
the victim and of the facts indicting that Gerente and two others had killed the victim.

c. When the person to be arrested in an escape. Those who escaped from any penal
establishment or place where they are serving final judgement or are temporarily confine while
their cases are pending, or has escaped while being transferred form one confinement to
another may be arrested by an peace officer or private person without warrant.

d. When the right is validly waived.

This is when the person arrested consented to be arrest, despite no warrant showed; the
person is willing to be taken into custody.

Related Cases:

People vs Dural
The illegality of the arrest is cured when the accused files a petition for bail. Appellant is stopped
from questioning the illegibility of the arrest when he voluntarily submitted himself to the jurisdiction
of the court by entering a plea of not guilty and by participating the trial.

e. When an accused who was released on bail attempts to depart from the Philippines without
prior permission of the court where the case is pending.

f. Violent Insanity

g. Ailment requiring compulsory confinement in a hospital.

STANDARD OPERATING PROCEDURE OF ARREST WITHOUT WARRANT

a. During the Initial Contac with the person to be arrested, these steps should be followed:

1. Freeze or restrain the suspect

2. Make the proper introduction as to identify and authority to arrest;
3. Inform the arrested person of the circumstances of the arrest and recite to him/her the
Miranda Warning;
4. Conduct thorough search for weapons and other illegal materials;
5. As a general rule, no unnecessary force shall be use in making the arrest;
6. Confiscated evidence shall be properly documented
7. Bring the arrested person to the Police Station for further investigation and disposition;

b. In arresting without warrant, the officer must inform the person to be arrested of his/her
authority and cause of the arrest. However, these may not be exactly followed if;

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1. The person to be arrested is engaged in the commission of an offense;

2. He/she is pursued immediately after committing a crime or after escape;
3. She/she attempts to flee from the officer arresting him;
4. He/she forcibly resist before the officer has the opportunity to inform him/her
5. When giving such information will imperial the arrest;

Illegal Arrest may Taint Crucial Evidence of Guilt

Although illegal arrest will no immunize defendant against criminal prosecution, it may lead to the
inadmissibility of crucial evidence of guilt. Physical evidence obtained during the search and seizure
incident to illegal arrest, such as recovered stolen property or burglary tools, will be considered tainted
and therefore suppressed under exclusionary rule.

Procedure in Making Legal Arrest

The actual arrest is actually made by an officer stating to a person, “You are under arrest for….”. The
person arrested should be told clearly- not in police jargon or legalese- the reason for the arrest.
Officers should always be on-guard when making the arrest. As noted, people could react violently to
being arrested even if individuals appear to be meek and incapable of violence.

Depending on circumstances, the person may first be handcuffed for the officer’s safety. The arrested
person should be searched for weapons and destructible evidence. In typical arrest situation, an
officer should;

The extent of authority of arresting officer are as follows:

1. Can employ necessary force to carry out the arrest;

2. Can restrain the subject in order to take him/her into custody;

3. Can deliver the subject to Jail;

4. Can orally summon as menu person as he/she deems necessary to aid him during the arrest;

5. Can break into a building or enclosure where subject is or is reasonably believed to be, when
admittance is refused despite announcement of his/her authority and purpose, and she incurs no
liability for Trespass to Dwelling because the purpose is to serve the ends of justice.

6. Can break out of the building or enclosure when necessary to liberate himself/herself.

7. Can Search arrested person of weapon or anything used or constitute proof in the commission of an
offense.

The use of force in making an Arrest;

If the person being arrested offer no resistance, no force should be in making the arrest;

Guidelines for Use of Force when making an Arrest;

1. No resistance- Use no force

2. Resistance- This must be used only as much as force as necessary to overcome resistance.

Rule 7 of Police Operational Procedure provides that a reasonable force can be used during an
armed confrontation. The police may use reasonable force to overcome the threat posed by the
suspect. However, the Officer in-Charge of the operation shall at all times exercise control over
his/her men in the area, and shall ensure that no innocent civilian is caught in the crossfire.

3. Threat to Officer’s Life- use deadly force

Use of deadly force- The excessive use of force shall be avoided. The use of firearm is justifiable by
virtue of the Doctrine of Self-Defenses, Defense of Relative, and Defense of Stranger, and if the

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police have probable cause to believe that the suspect poses and imminent danger of death or serous
physical injury to the police or other persons.

4. Threat to Officer’s Life- use deadly force

Use of deadly force- The excessive use of force shall be avoided. The use of firearm is justifiable by
virtue of the Doctrine of Self-Defenses, Defense of Relative, and Defense of Stranger, and if the
police have probable cause to believe that the suspect poses and imminent danger of death or serous
physical injury to the police or other persons.

Duties of Arresting Officer in Case of Arrest without a Warrant

1. The arresting officer shall inform the subject or suspect, in the dialect or language known to
him/her, why he/she is being arrested, and of his/her right to remain silent and to have a counsel of
his/her own choice, to be informed of his/her authority and the cause of arrest, unless the person to
be arrested is then engaged in the commission of an offense or is pursued immediately after its
commission or after and escapes or flees or forcibly resist before the officer has opportunity to so
inform him, or when the giving of such information will imperil the arrest.

2. The arrested person shall be delivered to the proper authorities without unnecessary delay and
within the time prescribed in Article 125 of the Revised Penal Code as amended

3. The person arrested without a warrant shall be delivered to the nearest police station or jail, and
shall be the subject of inquest proceedings.

4. If the person arrested without a warrant waives his/her right to remain silent under the provision of
the Art 125 of the Revised Penal Code and opts to give a statement and present-evidence for his
defense, the arresting officer shall ensure that the waiver made by the person arrested shall be in
writing and in the presence of his counsel of choice.

Medical Examination of Arrested Persons

Immediately after the arrest of a person ordered arrested by the court, or a suspect under
investigation, he/she should be subjected to a medical examination. Prior to his/her release or any
change of custody, the suspect should also be medically examined by a medico-legal officer, or in the
absence of such medico-legal officer, by any government physician in the area.

Prohibitions

No torture, force, violence, threat, intimidation, or any other means which violates the free will shall be
used against a suspect. Secret detention places, solitary confinement (incommunicado) or other
similar forms of detention shall be prohibited.

Record Check

The officer shall make a record check for the possibility that the arrested person is wanted for crimes
other that for which the same was arrested.

Police Blotter

Each PNP operating unit shall maintain an official police blotter where all types of operational and
undercover dispatches shall be recorded containing five “W”’s and one “H” of information.

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Exemption from Arrest

1. Senators and members of the House of Representatives while Congress is in session for offenses
punishable by not more than Six years imprisonment.

2. Ambassadors or Public Ministers of a foreign Country authorized and received as such by

the President of the Philippines, and their domestic or domestic servants duly registered with the
Department of Foreign Affairs, provided that the foreign country concerned give similar protection on
duly accredited diplomatic or consular representatives of the Philippines.

3. Those covered by a safety and immunity guarantee of the President of the Philippines

4. Rebels issued with safe conduct pass the by National Amnesty Commission for crimes/act
committed in pursuit of rebellion

5. Those, who during and in connection with any election allegedly committed and offense by act or
language tending to support or oppose any candidate, political party or coalition.

Common Problems in Arrest

Usually, the problem in arrest is not in the capability to effect the arrest, but rather in the task of
locating the subject. When the expected resistance is considerable, a police officers (arresting officer)
may always seek to help of his/her colleagues. However, the following factors may help the arresting
officer locate the subject;

1. Complaint
2. Record Check
3. His office or previous places of employment
4. The neighborhood
5. Subjects hangouts.

The following are the possible areas where arrest may be executed:

1. At the subjects’ residence, as he/she steps out of the door of his/her house.

2. At his/her office during an entrapment

3. As he/she is returning to his/her residence late at night.

4. While in the car on a street corner (arrest by interception)

5. At a parking area, after alighting from the car

6. At a hotel room where he/she thought he /she was safe

7. At a restaurant or any business establishment

8. At the NBI compound while applying for clearance

Limitations of Arrest Warrant

The following prohibitions to effect arrest during the following:

1. Night Time
2. Holidays

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3. Weekends, unless it is a citizen’s arrest, or an arrest resulting from surveillance or entrapment, or

for crimes against national security, or for notorious and dangerous criminals with outstanding warrant
of arrest, or for escapist and fugitives.

How an arrest is usually carried out?

Arrest is usually carried out in any of the following situations:

1. For subjects who are meek and non-violent, the situation may allow the arresting officer to
inform them of his/authority and the existence of a warrant of arrest. For subjects who are elusive or
violent, it is better to take them by surprise.

2. When the operation partakes of the nature of a raid, informing or coordinating with local police
authorities is advisable.

3. When an elusive subject is reported to be in house or building, somebody must case the area
first.

4. When intercepting an armed and violent subject who is inside a motor vehicle, it may be
dangerous to approached him openly to force an arrest. The wise thing to do is to seek cover and
order him/her out of the vehicle with arms raised.

5. In case of entrapment where the culprits are also armed and dangerous, the backup force
supporting the arresting officers must be situated at a distance that allows immediate response.

6. In an arrest inside a building, the arresting officer must not accede to the subjects request to go
alone to the room and dress up.

7. When the method of arrest is not simple but consist of coordinated actions, there must be a
briefing clearly understood by everybody. Time in watches must be synchronized.

8. Sometimes, disguises are effective in gaining entry into a building to carry out arrest. For
example, arresting officers may pose as PLDT repairmen or MERALCO lineman.

9. Do not underestimate the subject. Frisk him/her

10. Do not hesitate to use handcuffs when the arresting officer feels insecure.

11. Arresting techniques come along-holds facilities and add finesse to the arrest of unwilling
subjects

12. When arresting a woman, it is advisable for the arresting officer to take along a lady personnel of
the agency or lady employee to avoid being misunderstood.

13. When escorting the subject in a vehicle soon after an arrest, the arresting officer must pay
close attention to the seating arrangement to prevent the subject from suddenly jumping off the
vehicle, grabbing a weapon, or attacking the officer.

Legal Proceeding used to challenge arrest and detention

The legal remedy for defense counsels is to petition for writ of habeas corpus to contest the legality of
detention

Malpractices of Arresting Officer

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If you are a police officer executing an arrest, the following are possible misconduct you will
commit.

1. To take your subject to a secret detention place, and them to deny having arrested him/her.

2. To make your subject sign waiver of detention, through intimidation or deceit, and then to get a
comrade lawyer to sign as counsel for your subject.

3. To frame up your subject to show a crime supposedly exist for which he was arrested.

4. to deny visitation by legal counsel by imposing a news blackout on subjects’ presence and
detention at police headquarters.

5. Post Date the time of arrest to show shorter period of detention.

6. To delay proceedings upon a petition for habeas corpus. For example, a writ server may be given
the run around from one office to another.

7. To make it appear that subject was already release when the fact the was already liquidated.

What is to be done after an arrest

After arresting a violator, the subject must be:

1. Photographed
2. Fingerprinted
3. Medically examine and booked
4. Record Check
5. Interview/ Interrogated, when there is a pending investigation involving subject but:
1. It must be in the presence of defense counsel,
2. The subject must be informed of his/her constitutional rights.

6. Prepare joint affidavit surrounding the arrest. If arrest was made on the occasion of an entrapment
that is expected to led to an inquest.

7. Line-up or reenactment to be recorded in pictures. In a line up, a witness identifies subject

among a line of persons. The line-up must be fair, and not suggestive or leading the reenactment is
done when subject admits his participations in the crime.

8. Inquest or file charges the regular ways, as the case may be.

9. Return warrant of arrest, indicating that it was duly served to the issuing court.

10. Prepare formal report on the case.

11. Minors below 16 years of age, arrested for prostitution or other illicit conduct, shall be delivered
within 24 hours to the Department of Social Welfare and Development (DSWD) or its duly authorized
office or agency in the place for protective custody.

12. Arrest and detention of foreign nationals shall be communicated to the Department of Foreign
Affairs for information to the respective embassies.

13. Minors below 18 years old shall be referred to as Medico-Legal Officer for physical and mental
examination.

Rights of Person under Arrest

The following are the rights of a person under arrest:

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1. To be informed of the cause of arrest, and shown a copy of the warrant, if any, as soon as
possible.

2. Not to be subjected to violence or unnecessary force during the arrest;

3. To be visited by an to confer with his/her attorney, privately, at any hour of the day or night

4. To be visited by and confer with his/her relative subject to reasonable regulations

5. In general, to bail himself/herself out as a matter of right;

Detention of Arrested Person

Any person arrested could be detained through the following guidelines:

1. If he was arrested by virtue of a warrant of arrest, he shall be detained until:

a. he posts bail duly approved by a competent court which then orders his release, or

b. the court issuing the warrant revokes or lift said warrant of arrest for other reasons. (But the
detainee has to be released upon his/her acquittal or of the case even without a bail of lifting order).

2. If he was arrested without a warrant for the commission of a crime, he can be detained
for:

1. 12 hours if the Crime is punishable by:

Arresto Menor: 1 day to 30 days,
Public Censure
Fine below to PHP 200.

2. 18 hours if the crime is punishable by:

Prision Correcional: 6 months and 1 day to 6 years

3. 36 hours if the crime is punishable by:

Reclusion Perpetua (Literally life Imprisonment but pardon is provided by
law after 30 years of service.

Reclusion Temporal: 12 years 1 day to 20 years

Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor: 6 years and 1 day to 12 years.
Fine: exceeding PHP 6,000.

3. If he was arrested as an escape from a place where he/she is temporarily confined while
his/her case is pending, he/she shall confine until he/she post the required bail.

4. If he was arrested attempting to leave the Philippines while on bail, he shall be confined
subject to the order of the court where the case is pending. The court may raise bail or imposed more
stringent conditions for subject’s freedom.

5. If he was arrested after escaping from a place where he/she is serving final judgement, he
/she shall be reconfined to serve his/her remaining sentence without prejudice to his /her liability for
the crime of Evasion of Service of Sentence.

6. If he was detained for violent insanity or for ailment requiring compulsory confinement in a
hospital, appears that hospital authorities have a say on his/her release, the same to depend on
whether she/she is no longer a threat to society or his/her ailment is sufficiently threatened.

Drawbacks of being an Arresting Officer

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1. Arresting without legal grounds

2. Carrying out justified arrest without warrant but detained the subject beyond 12/18/36 hours without
an inquest or without a valid waiver of detention.

3. Delaying any proceedings upon a petition for the liberation of such detainee.

4. Pocketing arrested person’s money or other valuables

5. Investigating or taking the sworn statement of any person arrested, detained or under custodial
investigation without informing him/her right to remain silent. And to have competent and independent
counsel, preferably of his/her own choice, or without providing him/her such counsel free of charge if
he/she cannot afford one.

6. Obstructing, preventing or prohibiting any lawyer, any member of the immediate family of a
person arrested, detained or under custodial investigation or any medical doctor or priest or religious
minister chosen by the subject or any member of his/her immediate family or counsel, from
visiting and conferring privately with him/her of from examining and treating him/her from ministering
to the spiritual needs at any hour of the day or urgent cases of the night.

7. Refraining from arresting an offender in a crime punishable by life imprisonment and/or

death, in consideration of any offer, promise, gift or present.

CHAPTER 4

SEARCH AND SEIZURE

SEARCH

Search
Anglo Norman word - searcher
French word - cerchier means to explore
Latin word - circare means to around in circles

(In Criminal Investigation)

It is the act of examining persons, documents, papers and effects.

Search Warrant

It is an order in writing issued in the name of the People of the Philippines, signed by the judge and
directed to a peace officer commanding him/her to search for personal property and bring it before the
court.

Rationale

What is to be guarded is a man’s prerogative to choose who is allowed to entry to his/her residence.
In that haven of refuge, hi/her individuality can assert himself/herself not only int the choice of who
shall be welcome but likewise in the kind of objects he/she wants around him/her. There, the State,
however powerful does not as such have access except under the circumstances above noted for in
the traditional formulation, his house, however humble is the castle.

Chief Justice Bengson, once said:

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“at the closed door of the home, be it a palace or hovel, even bloodhounds must wait til the law, aby
authoritative process, bids it open”.

When is search warrant secured?

1. Any court within whose territorial jurisdiction a crime was committed

2. For compelling reasons stated in the application, any court within the judicial region where the
crime was committed if the place of the commission of the crime is known, or any court within the
judicial region where the warrant shall be enforced.

What are the requisite before a Search Warrant is issued?

A search warrant shall not be issued, except;

1. Probable cause exists in connection with one specific offense;

2. Presence of probable cause is determined personally by the judge after an examination;

3. The judge must have personally examined, in the form of searching questions and answers, the
applicant and his witness and taken down their written depositions.

4. The search warrant must particularly describe or identify the property to be seized as far as the
circumstances will ordinarily allow.

5. The warrant issued must particularly describe the place to be searched and the person so to be
seized.

6. It warrants shall be issued only for one specific purpose

7. It must be having been issued more than 10 days prior to the Search made pursuant thereto
based from Sec. 4, Rule 126, Rules of Court.

What are the Personal Properties to be Seized?

No search of a house, room or any other premise shall be made except in the presence of any of the
following:

1. The legal occupant thereof;

2. Any member of this/her family;
3. In the absence of the latter, two witnesses of sufficient age and discretion residing in the same
locality.

What are the Personal Properties to be Seized?

The following are the object of search to be seized:

1. Subject of the offense;

2. Stolen or embezzled and other process, or fruits of the offense;
3, Used or intended to be used as the means of committing an offense;

What will the Officer do after Seizure has been completed?

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1. The officer must forthwith deliver the property seized to the judge who issued the warrant, together
with a true inventory thereof duly verified under oath.

2. 10 days after the issuance of the search warrant, the issuing judge shall ascertain if the return has
been made and if none, shall summon the person to whom the warrant was issued and require
him/her to explain why no return was made. If the return has been made, the judge shall ascertain
whether it has been complied with and shall require that the property seized be delivered to him.

The return of the search warrant shall be filed and kept the custodian of the logbook on search
warrants who shall enter therein the data of the return, the result and other actions of the judge. A
violation of this section shall constitute contempt of court.

Seizure of Articles found in Possession of a Person Arrested

If one is legally arrested for an offense, whatever is found in his possess or in his/her control may be
seized and used in evidence against the subject. But articles found in his/her possession which have
nothing to do with the crime imputed against him/her must be return to him/her must be returned to
him/her, otherwise, the law enforcer responsible thereto shall be liable for theft or robbery as the case
maybe.

WARRANTLESS SEARCHES

1. Search Incidental to a Lawful Arrest

This is legally accepted provided that the search is contemporaneous to the arrest and within the
permissible area. A person lawfully arrested may be searched for dangerous weapons or anything,
which may be used as proof of the commission of an offense, without search warrant.

The warrantless search and seizure, as an incident to a lawful arrest, may extend beyond the person
of the one arrested to include the premises or surrounding under his/her immediate control.

Related Case:

Posadas v. Court of Appeals

The SC upheld validity of a search made by police officers on who, confronted

by the police was “acting suspiciously” and ran away.

However, the arrest and consequent search of the accused, simply because he
was acting suspicious was held invalid.

2. Search in violation of Tariff and Customs Law

The search involves illegal entry of smuggled goods in our country that may affect the local
businesses especially the small-time businessmen. The search is usually conducted by the officers
and agents of the Bureau of Customs.

3. Plain View Doctrine Search

Under the plain view doctrine, police officers can seize articles or object which inadvertently comes to
the view without exerting any efforts and which object is incriminatory to the accused. Based from
decision of trial court, the doctrine include the five senses of an individual to detection violation of law.

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The doctrine requires that a police officer in order to validate the confiscation of an object in plain view
must have a right to be in that place and whatever objects become obvious or apparent without
obstruction or impairment may be subject to seizure.

In the case of Harris vs U.S, it said that any object falling in the plain view is subject to seizure and
maybe introduced as evidence and contraband found in plain view during a lawful observation. For
the Plain View Doctrine to apply for discoveries, the three-prong Horton Test requires that

a. The officer to be lawfully present at the place where the evidence can be plainly viewed
b. The officer to have a lawful right of access to the object and
c. The incrimination character of the object to be “immediately apparent”.

4. Search for Moving Vehicle

The search of moving vehicles is popularly called as “check points”. This instances if warrantless
search cannot be done anytime. The checkpoints must be done during abnormal times when the
public welfare is at stake. Thus, every vehicle that passes the certain checkpoint can be searched
without a search warrant.

5. Inspection of Building for Fire and Sanitary Regulations

Inspectors of a certain building for the purpose of maintaining sanitation, fire and building regulations
are required to enter every building as well as every room necessary to be inspected without arming
themselves with a search warrant.

6. Consented Search

If the person submitted himself/herself voluntarily to a search. It is valid because he consented to the
search. The consent however, should not have been secured through intimidation of threat. Thus, the
Supreme court held that in cases of:

Related Case:

a. People vs Omaweng
The accused while driving a vehicle, was stopped at a checkpoint, and when the vehicle was
inspected, the soldiers asked permission to see the contents of a bag which was partially covered by
a spare tire. The accused consented, and upon inspection, the bag was found containing marijuana.
The SC ruled that there was valid waiver.

b. People vs Ramos
The Supreme Court said that the evidence for the prosecution clearly disclosed that Ramos voluntarily
allowed himself to be frisked, and that he gave the gun to the police voluntarily; thus, there was a
valid waiver.

c. People vs. Barros

The silence of the accused during the warrantless search was not construed as consent.

7. Frisk Search

Terry vs Ohio- established that officers can conduct a pat down of an individual they stopped if they
believe the person is armed and dangerous. This is a protective search for weapons only.

Exclusionary Rule

Weeks vs. U.S

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It established a rule that Federal Courts may not accept evidence obtained by unreasonable search
and seizure regardless of the relevance of these to the case.

Mapp vs. Ohio

The Supreme Court decide that this will be applicable to all courts. This applies not only to illegally
seized evidence but also to evidence obtained or developed from it, called as “fruit of poisonous tree”.
This means that evidence obtained in the process of illegal warrantless search is not admissible as
evidence in court.

INEVITABLE-DISCOVERY DOCTRINE

Inevitable Discovery Doctrine sates that evidence obtained illegally may be admissible in a criminal
trial if the prosecutor proves by the preponderance of the evidence that the challenged evidence
ultimately or inevitably would have been discovered by lawful means.

GOOD-FAITH DOCTRINE

In general, evidence obtained by a police officer in reasonable reliance on a search warrant that is
subsequently found invalid may be admissible. It is necessary that a reasonably well-trained officer
would have believed that the warrant was valid. This has come to be known as the “Good Faith” or
Leon exception to the exclusionary rule. Many states, however, have rejected this exception.

Types of Search after Arresting a Suspect:

1. Wall Search
The initial purpose of this search is to put
the suspect in an “off balanced position”. This is
the safest type of search; it doesn’t not necessarily
require a wall.

Any object that can support the weight

of the suspect such as car can be used.

2. Standing Search
This is done by instructing the subject to raise his hand above or behind his/her head with feet
spread apart as far as possible. In some situations, this is not recommended because some suspects
could still maintain their balance.

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3. Kneeling Search
This requires the suspect to kneel on the
ground with hands raised over or behind
his/her head. Note that some suspects could
still make counter actions against the arresting
officer even if they are assuming this position.

4. Prone Search
The suspect in this search lies on his
stomach with arms and legs outstretched.
One disadvantages of this search is that the
suspect’s frontal area cannot be search properly.

This type of search can be dangerous if

the subject h as knowledge in judo, aikido and
other similar forms of defense tactics.

Using of Handcuff
Handcuff are the best method of restraint if it is applied properly, it is good preventive measure but if
improperly applied it could be dangerous.

RAID OPERATION

It is a surprise invasion of a building or area. It is a small-scale attack of a limited territory.

A raid must be legal, having its basis in lawful process and conducted in a legal manner through,
search warrant or warrant of arrest. Raid may be in pursuit of a person reasonably believe to be guilty
of a felony when it is known that the felony has just been committed.

Purpose of Raid
1. To effect apprehension
2. To obtain evidence of illegal activity by surprising the offender in flagrante delicto
3. To recover stolen property

Effectiveness of a Raid
1. Size of raiding party
2. Surprises
3. Speed
4. Superiority of arms
5. Simplicity of plan and operation

Qualification of Raid Team

1. Has Leadership Ability
2. Good Judgement
3. Tactfulness
4. Coolness and Stability
5. Experience

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6. Discipline
7. Steady Nerves and Mental Stability

Composition of Raid Team

1. Raid Commander
2, Assistant Raid Commander
3. Covering or Surrounding party
4. Going in detail or entering party
5. In charge of raiding vehicle
6. In charge of rendering inoperative to the subject vehicle
7. Recorder who should keep log of the raid, gather evidence, make inventories and testify
in court.
8. Photographer

Duties of Covering or Surrounding Party

1. Covers the approach of going-in detail or entering party
2. Prevents the escape of criminals
3. Covers the entire area of the building
4. Neutralizes fire of barricaded criminals

Duties of Going-in Detail or Entering Party

1. Calls for the surrender of Criminals
2. Effects arrest of criminals
3. Incapacitates and dislodge criminals
4. Search for pieces of evidence

Planning the Raid

The success of a raid depends upon intelligent planning and competent implementation. To achieve
the necessary elements of surprise, the operation must be performed surreptitiously with speed.

The following are factors to be considered in planning a raid:

1. The terrain in the building should be subjected to close study

2. In order to obtain the necessary data for planning, a reconnaissance/surveillance of the
place should be conducted.
3. The participants should be informed of the nature of the mission.
4. The specific assignment and position of each member of the raiding party, the tactics to be
employed, the equipment and transportation to be used, the evaluation of possible
danger points, and optimum time to be selected should be stressed.
5. Numbers of individuals to be apprehended. Are they armed? With what? If uncertain,
assume they are armed.
6. Are photographs and description of subjects available to the shown during the briefing?
7. Determine the physical structure of the place where the criminals are located
8. Determine all possible escape routes
9. Need to directly photograph the place and immediate arrest
10. Type of neighborhood there the hideout is located
11. Volume and kind of activities in the neighborhoods at various time to determine the most
desirable time to conduct the raid.
12. Street plans of neighborhood for possible road blocks
13. Do the men have confidence in the ability of the raid leader?
14. What is your move-out plan?

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15. What are the instructions concerning the use of firearms?

16. What the instructions concerning the possible handling of traffic?
17. What are the instructions concerning communications, signals, etc.?
18. How do you identify each other? Arm bands, password, insignia, etc.?
19. Make sure your plans avoid cross fires
20. Do you have all the equipment you may need, such as flashlights, searchlights,
vehicles, transceivers, loudspeakers, (public address system) firearms, tear gas, etc.?
21. Ask each participant to repeat his duties to the raid leader.

Raid Operation

Coordination of individual efforts is an essential element in the success of the raid. The raiding party
should act as a team. The members of the teams must thoroughly understand the objectives, the plan
and the orders.

Each man should hold his/her assigned position until his/her orders are changed by the team leader.
Before leaving the headquarters to proceed to the target, the team leader must conduct final briefing
to his/her entire personnel.

Coordination with the Local Station Commander

It is imperative that immediately before the service of a search warrant the team leader should see to
it that proper coordination is made with the station commander having jurisdiction over the target
premises. The coordinating party is bound merely to relay that their team is conducting an operation in
their area. This gesture of coordination is not only a manifestation of courtesy but also a safety
measure to avoid the possibility of a mistake encounter.

Coordination with the Local Station Commander

It is imperative that immediately before the service of a search warrant the team leader should see to
it that proper coordination is made with the station commander having jurisdiction over the target
premises. The coordinating party is bound merely to relay that their team is conducting an operation in
their area. This gesture of coordination is not only a manifestation of courtesy but also a safety
measure to avoid the possibility of a mistake encounter.
.
How is seizure conducted in a raid operation?

Seizure during the raid operation shall be performed through the following guidelines:

1. The following will be seized at the scene of the raid

1. Weapons maybe used against the raiding party
2. Articles which might be used as a means of suicide
3. Articles which might be used in escaping
4. Articles which may be used in the commission of the crime
5. Proceeds or fruits of the crime.

2. Disposition of money and other valuable property;

1. Money should be counted and the serial number of bills should be noted
2. Valuables should be sealed in a property envelop in the presence of the
arrested person/owner.
3. Property envelope sold show a complete inventory for the firearms.
4. The arrested person/owner should sing their names.
5. Raiding officer should sign their name on the outer part of the envelope
6. A receipt should be given to the arrested person/owner. However, this is qualified by
the decision of the Supreme Court declaring as inadmissible in evidence the
receipt for property seized, signed by the accused, in any case where mere
possession of the items seized is punishable.

3. Disposition of articles not covered in search warrant;

1. If the articles are illicit or contraband, the same must be seized

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2. Such articles maybe used as evidence to prosecute the person;

3. non-contraband articles must be returned to the owners or must not be seized in the
first place.

Legality of a Shoot-to-Kill Order

It is believed that as part of effecting arrest and search or enforcing the law we need to be guided by
legal established rules. Given below are situational questions and explanatory notes about “shoot to
kill order”.

Situational Questions:

Question 1:
Would it be legal for the President of the Republic of the Philippines, or the Secretary of Justice, or the
Secretary of the Interior and Local Government, or any other superior public officers to declare or
issue a “shoot to kill order” against suspected criminal offenders or accused persons who are at large
and charged of heinous crimes, or against notorious criminals, or fugitives of justice who are
known to be heavily armed and dangerous?

Answer:
No. A “Shoot to kill order” is not only a palpable, flagrant, deliberate and intentional violation of the
constitutional and procedural due process and violation of human rights, but more importantly, is
inherently illegal per se. there is no existing law or jurisprudential authority in the Philippines that
legally allow such kind of order.

Question 2:
Why is a shoot to kill order inherently illegal per se?

Answer:
A shoot to kill order is not synonymous to a cautionary warning to law enforcers to be extra-careful in
pursuing the wanted criminals for being armed and dangerous.

It is a basic rule of law that in case of imminent danger to life to limb, the law enforcers are legally
bound, in the lawful performance of duty, to use reasonable force to prevent and repel it. Obviously,
a shoot to kill order is an implied insinuation for law enforcers to disregard the rule of law and the rule
of engagement if only to accomplish the ultimate purpose of subduing the illegal activities of criminal
elements. No matter how noble and patriotic the purpose may be, the means does not justify the end.

CHAPTER 5
CRIMINAL EVIDENCE

Evidence
It is the means, sanctioned by these rules of ascertaining in a judicial proceeding the truth respecting
a matter of fact.

It also refers to any material which tends to persuade the court of the truth or probability of some facts
asserted before it.

It is the means by which any alleged matter of fact, the truth of which is submitted to investigation, is
established or disproved.

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TYPES OF EVIDENCE IN CRIMINAL INVESTIGATION

1. Physical Evidence
-also known as Object, Autoptic, or Real Evidence

These are Physical objects used as evidence which are obtained through searches at the scene of
the crime. Articles and materials found in connection with investigation, which aid in establishing the
identity of the perpetrator are known as physical evidence.

Legally, Object Evidence refers to the evidence made known or addressed to the sense of the court. It
is not limited to that which is known through the sense of vision but is extended to what he senses of
hearing, tastes, smell and touched.

TYPES OF PHYSICAL EVIDENCE

1. Corpus Delicti Evidence

This refers to objects or substances which may be part of the body of the crime.

The body of the victim, prohibited drugs recovered. The body of the victim, prohibited drugs recovered
from a person, dagger with blood stains or fingerprints of the suspect, stolen motor vehicle identified
by planter numbers and by body or engine serial number are examples of corpus delicti evidence.

2. Associative Evidence
These are pieces of physical evidence which link a person to a crime.

The offender may leave clues at the scene such as weapon, tools, garments, fingerprint or foot
impression. Broken headlights glass found at the crime scene in “hit in run homicide” may be
associated with the car found in the repair shop. Wearing apparel of the offender and other articles of
value may be recovered where the crime of rape was committed.

c. Tracing Evidence

These refers to evidence that may assist the investigator in locating the suspect. Aircraft of ship
manifest, physician’s clinic record shoring medical treatment of suspect for injuries sustained in a
encounter; blood stains recovered from the area traverse by the wounded suspect inter direction of
the movement are examples of tracing evidence.

4. Testimonial Evidence

This is the product of interview and interrogation from which witness smell, hear, taste and touch are
being described through oral and written testimony. Testimonial evidence also includes the testimony
of a physician who may be commanded to appear before a court as an ordinary witness and or/ as an
expert witness.

a. Ordinary Witness.

Any person who perceived the commission of a crime and testified before the court is just considered
as an ordinary witness. Also, a physician who testified in count on matters he/she perceived from
his/her patient in the course of physician-patient relationship is considered as an ordinary witness.

A witness can testify only to those facts which he/she knows of his/her own knowledge; that is which
are derived from his/her own perception; except as otherwise provided on this rule.

b. Expert Witness.

A person is deemed as an expert witness if his/her testimony concerning the investigation of crime is
based on his/her training and experience.

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For examples. A physician who confirmed before the court the cause of death of the victim is
considered as an expert witness.

1. Documentary Evidence

It refers to the writings, including official records, or contents could speak for themselves when ready
by the investigators and the court. They may be collected through voluntary relinquishment or by a
Subpoena Duces Tecum (Court Order) which compels the party to bring the records of the
court.

The following are the examples of documentary evidence:

1. Medical Certification or Report:

1. Medical Examination
2. Physical Examination
3. Necropsy (Autopsy)
4. Laboratory
5. Exhumation
6. Birth
7. Death
2. Medical Expert Opinion

3. Deposition
A Deposition is a written record of evidence given orally and transcribed in writing in the form of
questions by the investigator and the answer or the deponent and signed by the latter.

LEGAL CLASSIFICATION OF EVIDENCE

a. Depending on its ability to establish the fact in dispute, evidence maybe:

1. Direct Evidence

This proves the fact in dispute without the aid of any interference or presumption. The evidence
presented corresponds to the precise or actual point at issue.

2. Circumstantial Evidence

The proof of fact or facts from which, taken either singly or collectively, the existence of a particular
fact in dispute may be inferred as a necessary or probable consequence. However, the following
requisites must be present before a circumstantial evidence will become sufficient for conviction.

a. There is more than one circumstance

b. The facts from which the inferences are derived and proven
c. The combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt.

b. Depending on the degree of its value in establishing disputed fact, evidence may be:

1. Prima Facie Evidence

This evidence suffices for the proof of a particular fact until contradicted by other evidence.

2. Conclusive Evidence
This evidence is incontrovertible to one which the law does not allow to be contradicted. It is the
insurmountable evidence.

3. Corroborative Evidence

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This evidence is of different kind and character as that already given and tends to prove the same
proposition.

4. Cumulative Evidence
This evidence is of the same kind and character as that already given and tends to prove the same
proposition.

c. Depending on it weight and acceptability, evidence may be:

a. Primary or Best Evidence

This evidence affords the greatest certainty of the fact in question.

b. Secondary or Substitutionary Evidence

This evidence is inferior to primary evidence and admissible only in the absence of the latter.

d. Depending on its nature, evidence may:

a. Object Evidence
This is evidence is addressed to the senses of the court and is capable of being exhibited to be
examine or viewed by the court. In the case of People of the Philippines vs. Pabillo, it was decided
by the court that physical evidence speaks more eloquently than a hundred witnesses.

b. Documentary Evidence
This refers to an evidence supplied by written instruments or derived from conventional symbols and
letters by which ideas are presented for material substances.

c. Testimonial Evidence
This evidence is either verbal or oral. It is an evidence which consists of the narration or deposition by
one who observed or has personal knowledge of that to which he/she is testifying.

d. Positive Evidence
This evidence exists if the witness affirms that a fact did or did not occur. It is entitled to greater weight
since the witness represents his/her personal knowledge about the presence or absence of a fact.

e. Negative Evidence
This evidence exists if the witness states the he/she did not see or know of the occurrence of a fact
and there is total disclaimer of personal knowledge.

e. Depending on its quality, evidence may be:

1. Relevant Evidence
Evidence is relevant if it has relation to the fact in issue as to induce belief in its existence or non-
existence.

2. Material Evidence
This evidence tends to prove the fact in issue, and is determined by the rules of substantive law or
the rules of court.

3. Admissible Evidence
Evidence is admissible if it is relevant to the issue and is not excluded by the Rules of Court.
4. Credible Evidence
Evidence is credible if it is not only admissible evidence but also believable and used by the court in
deciding cases.

COLLECTING OF PHYSICAL EVIDENCE

All items that were found in the crime scene should be collected. The collecting officer should not
decide whether a certain item is relevant or irrelevant. Small pieces of evidence is also must have to
be given importance, thus collecting them is necessary;

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1. Blood
This becomes important evidence in homicide assault, robberies or other cases where it may be
spilled. Blood may be categorized into major groups of A, B, AB and O depending on the condition
of the stain on receipt.

2. Hair
This may be found anywhere in the crime scene. It is often found on the clothing of the victim and
suspect who has come into physical contact with each other. It can very important evidence especially
in rape cases. In most cases, there are rarely enough samples present for positive identification of an
individual. However, if can be determined if the hair is of animal or human, whether the hair is dyed or
bleached. If the hair if form the head or body as well as the racial origin of the hair.

3. Fingernail Scraping
In cases where physical contact had been made, fingernail scraping should be obtained. Rape cases
or assault cases are good examples of cases where fingernail scrapings may be important. Items
sometimes found under fingernails include fibers, hair, and skin which may be typed for its blood
group.

4. Fiber
This is an excellent tracing evidence when clothing cross contamination takes places. This is also
important evidence in robbery and hit and run cases. Fiber may be found on clothing snagged
on projections, and even imbedded with vehicle paint. Examination of fiber determines whether it is
natural or a synthetic material, and the color and dye used. It may be physically matched if the
fragment was torn from clothing. Threads may be examined to determine twist, number of strands and
cloth weave.

5. Firearm
The firearm, bullet, shotgun shell, shotgun pellets and wad, explosive reside and gun powder pattern
can provide vital evidence and specific answer to possible question in the case.

6. Bullet
This can provide information about the make and type of ammunition and weapon from which the
bullet was fired, and whether or not it was fired from specific weapon, provided the weapon is
available for test purpose.

8. Cartridge Case

This can also provide vital information as to the type of weapon used, the type of ammunition, and
whether or not the case was fired in a specific weapon if weapon is available for fire testing.

MARKING OF PHYSICAL EVIDENCE

As evidence as collected, it is individually marked with the initials of the investigator. The marking
tools depends upon the nature of the evidence. If it is hard object such as metals, the initial are
scratched or engraved by the use of sharp-pointed steel called stylus.

Methods of Marking Specific Evidence

1. Revolvers

Must be marked separately on the barrel, frame, butt, cylinder, and stock. Tape should also be put
around the bore and the frame of the gun with signature of the investigator.

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2. Pistols

Must be marked on the barrel, frame, butt, magazine and stock. Tape must also be put around the
gun with signature to avoid changing the parts of the gun that may affect the result of the
laboratory examination.

3. Rifles

Should be marked on the barrel, frame, magazine bolt or slide. All magazines and accessories shall
also be marked.

4. Fired Empty Shells, Misfired Cartridges

Strict regulations say that they must be marked inside the mouth of fired empty shells. It is nearly
impossible to marked them inside the mouth especially .22 caliber shells, but they could be marked on
side of the body of the shells, not on the base. It should be admitted that there is really the big
difference of what is being practiced in reality and theoretically written in books. The lesson is,
for as long as the evidence can be properly marked and kept as evidence.

5. Bullets/Slugs/Balls/Pellets
This can be marked on the ogive or nose as well as on the base. The initial name of the
investigator and/or date should be marked on those parts so that the rifling marks found in the
bullet or slug will not be disturbed because they are very important in ballistic examination.

TAGGING EVIDENCE
When evidence which by their nature could not be marked on each surface such as blood, hairs, or
fibers, they are placed in the plastic container then marked. This practice is called tagging the physical
evidence with the use of a card where the initials of the investigators date and time of collection,
specific case and other information can be written.

PRESERVING PHYSICAL EVIDENCE

Perishable evidence should be preserved along he way or the preservation is in order to reach the
court in the same physical condition as when they are collected from the crime scene.

OTHER POTENTIAL PIECES OF EVIDENCE

1. Soil

This consist of organic natural materials such as rocks, minerals and decomposing plant, and may
also contain man-made materials such as bricks, concrete, glass or paint. The densities of soil
samples are analyzed via chemicals that separate the particles is similar, it indicates a match, this
common scientific technique of analyzing soil is called the density gradient tube.

2. Paint

Paint is a pigmented polymer that is applied and adheres to various surfaces. It is possible to examine
microscopically the color and shape of paint strips or other samples, as well as to determine through
the use of gas chromatography.

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3. Tool Mark

Tool Mark is any mark that is created when an instrument has contact with another surface. The mark
left by the tool may indicate the type of tool, the size of tool and even the skill of the perpetrator.

1. Shoe Prints, Impressions and Tire Tracks

The shoe prints are created when material from the bottom of shoes is transferred to another surface,
leaving an outline of the bottom of the shoe. Shoe impressions and tire tracks are often left in soft
material, such as mud, snow and reveal the outline of the shoe or tire.

2. Videotape Evidence

This is potentially extremely powerful form of evidence. If a crime is captured on video, there may be a
little doubt who committed the crime.

3. Dental Evidence

The two primary forms of dental evidence is dental identification and bite marks. In both instances, the
fact that individual has a unique set of teeth in terms of form, arrangement, dental work and bite,
makes dental evidence powerful form of criminal evidence. The physical characteristics of bite marks
and dental identification consist of the distance between teeth, the shape and moth/bite, teeth
alignment, teeth shape, missing teeth, and wear patterns of teeth.

4. Fingerprints

These consist of ridges, depression and separations. These remain unchanged and consistent
throughout lifetime; each fingerprint is unique and fingerprint cannot be forged.

The three distinct types of fingerprints found in the crime scene:

a. Plastic Fingerprints

Are type of fingerprints formed if the fingers come in contact with a soft material such as soap, we
putty, wet cement, wet paint, dust or melted wax, a ridge impression may left sufficient for performing
a comparison.

These impressions have distinct three-dimensional appearances and do not require further
processing. They are documented using oblique photography.

b. Patent Fingerprints

Are easily identifiable as fingerprints by the unassisted eye. Fingers that have been in contact with a
colored material such as toner, ink, blood, paint oil or chocolate leave visible prints. Once the material
has soiled the fingers, the material may be transferred to a surface with which the ridges come into
contact. This print requires no processing to be recognizable as fingerprint and often suitable for
comparison.

c. Latent Prints

The most common type which requires additional processing to be rendered visible and suitable for
comparison. Body perspiration and oils might leave invisible residues on the surfaces that, if
visualized, would constitute a usable impression of the friction ridges. Processing of the latent prints is
accomplished through development, enhancement, or visualization appropriate for the type of surface
upon which the prints repose.

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5. Computer and other Electronic Evidence

Computers, cellular phones and personal digital assistants may provide a wealth of information
regarding communications, schedules and criminal behaviors and therefore are potentially valuable
source of evidence in criminal investigations. Examination of electronic hardware is quite technical in
nature and if not properly perform can result in loss of evidence.

However, evidence passes through several persons for several purposes. The principle of china of
custody must be observed.

Chain of Custody- it refers to the number of persons who handled and possessed the pieces of
evidence the moment that they were collected, marked and tagged up to the time of the final
disposition of the case.

Rule on the Chain of Custody of Evidence

Chain of Custody is paramount importance to any investigation. It is the unbroken sequence of events
that is caused by an item of evidence from the time it is found at the crime scene to the time it
appears in court. Every link in this chain is documented, from discovery at the crime scene, through
evidence gathering, storage lab analysis, return to storage and transfer to court.

Every link is documented by date, time handling individual, what was done with the evidence by that
individual. If the chain of custody is broken, and if the evidence cannot be accounted in one step of its
journey from crime scene to court room, it is rendered inadmissible; useless to the case.

Traditional Methods of Preserving Evidence and Crime Scene

The following are the various means of preserving evidence:

1. Photographs, Audio and/or Video Tape, Micro-film, Photostat, Xerox, Voice Tracing etc.
Photography is considered to be the most practical, useful and reliable means of preservation.

In colored photographs variation may occur in the choice of the kind of film and printing paper used.
Identification of voice from the recording instrument may sometimes be difficult. Audi-recording may
be dependent on the speed, volume, pitch and timbre which may be changed by the instrument used
in the recording and replaying.

2. Sketching
If there’s no scientific apparatus to preserve evidence is available then a rough drawing of the scene
or object to be preserved is done. It must be simple, identifying significant items and with exact
measurement.

3. Description
It is done by putting into words the person or thing to be preserved. Describing a thing requires keen
observation and a good power of attention, perception, intelligence and experience. It must cause a
vivid impression on the mind of the reader, a true picture of the thing described. The use of Portrait
Parle may be used.

Portrait Parle (Spoken Picture)

This refers to verbal, accurate and picturesque description of the person identified. Such information
may be given by the witness, relatives, or the other persons who are acquainted with the physical
features of the person to be identified.

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The following requirements must be included in the verbal description:

1. General Impression: type, personality, apparent social status.
2. Age and Sex
3. Race and Color
4. Height
5. Weight
6. Built
7. Posture
8. Head: Size and Shape
9. Hair: Color, length, baldness
10. Face

Forehead: High, low, bulging or receding

Eyebrows: Brushy or thin, shape
Mustache: Length, color, shape
Ears: Size, Shape, Size of Lobe, angle of set
Eyes: Small, medium or large; color; eyeglasses
Checks: High, low or prominent medium cheek bones;
flat or sunken
Nose: Short, medium or bog; or long; straight, aquiline or fat or
pug
Mouth: Wide, small or medium, general impression
Lips: Shape, thickness; color
Teeth: Shade, conditions, defect, missing elements
Chin: Size, shape, lean, heavy or medium
Jaw: Length, shape, lean, heavy or medium

11. Neck: shape, thickness, length; Adams Apple;

12. Shoulder: width and shape
13. Wrist: Size and Shape
14. Hands: length, size, hair, condition of the palms
15. Fingers: length, thickness, stains, shape of nails, conditions of the nails.
16. Arms: long, medium or short; muscular, normal of thin, thickness of the twist
17. Feet: Size and deformities

5. Manikin Method

This makes use of a miniature model of a scene or of a human body indicating marks of the various
aspect of the things to be preserved. An anatomical model or statuette may be used and injuries are
indicated with their appropriate legends. Although it may not indicate the full details of the lesion, it is
quite impressive to the viewer as to the nature and severity of the trauma.

6. Preservation in the Mind of the Witness

A person who perceived something relevant for proper adjudication of a case may be a witness in
court if he/she has the power to transmit to others what he/she perceived. He/she would just have to
make a recital of his/she collection.

CHAPTER 6

CRIMINAL IDENTIFICATION

IDENTIFICATION
It is the process of determining the personality of a person or thing.

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Importance of Identification of Person

1. In the prosecution of the criminal offense, the identity of the offender and that of the victim must
be established; otherwise it will be a ground for the dismissal of the charge or acquittal of the
accused.

2. The identification of the person missing or presumed dead will facilitate settlement of the estate,
retirement, insurance and other social benefits.

3. Identification resolves the anxiety of the next-of-kin, other realties and friends as to the
whereabouts of a missing person or victim of calamity or criminal act.

4. Identification may be needed in some transactions, like cashing of check, entering a premise,
delivery of parcel or registered mail in post office, sale or property, release of dead bodies to relatives,
parties to a contract.

Rules in Personal Identification

1. The greater the number of points of similarities and dissimilarities of two persons compared, the
greater is the probability to be correct. This is known as the Law of Multiplicity of Evidence in
identification.

2. The value of the different points of identification varies in the formulation of conclusion. In a
fresh cadaver, if the fingerprints on file are the same as those removed from the crime scene, they will
positively establish the identity of the person while bodily marks, like moles, scar, complexion, shape
of nose, etc. are merely corroborative. Visual recognition by relative of friends may be a lesser value
as compared with fingerprints or dental comparison.

3. The longer the interval between the death and the examination of the remains for purposes of
identification the grate in the need for expert in establishing identify.

4.In as much as the object to be identified is highly perishable, it is necessary for the team to
act in the shortest possible time especially in cases of mass disaster.

5. There is no rigid rule to be observed in the procedure of identification of persons.

Methods of Identification

1. By Comparison
Identification criteria recover during the investigation are compared with records available in the file
or postmortem finding are compared to ante-Morten records for example, latent fingerprints
recovered from the crime scene are compared to the fingerprints on file of an investigative
agency.

2. By Exclusion
If two or more persons have identified an all but one is yet identified, the one whose identify has
not been established may be known by the process of elimination.

Identification of Person

1. Those whom laymen used to prove identity

This requires no special training or skill of the identifies and no instrument or procedure is
demanded.

2. Those which are based on scientific knowledge

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Identification is made by trained men, well-seasoned by experience and observation, and primarily
based on comparison or excursion.

Ordinary Methods of Identification

Characteristics which may easily be changed:

1. Growth of hair, beard or mustache
2. Clothing- form, texture or style
3. Frequent place of visit- favorite areas where a person usually visits such as
coffee shop, beer gardens, etc.
4. Grade of profession- a graduate or student nurse may be identified through her
cap; mechanic by his tools; a clergy man by his robe, etc.
5. Body ornamentations- includes earning, necklaces, rings, etc.

Characteristics that may not easily change:

a. Mental Memory
b. Speech
c. Gait
A person on account of disease or some inborn traits may show a characteristics manner of walking.
A scientific investigation of the gait pattern may be useful for purpose of identification and
investigation of crime scene.

Gait pattern is the series of foot marks by a person walking or running.

Kinds of Gait

1. Ataxic Gait- a gait in which the foot is raise high, thrown forward and brought down suddenly in
seen in persons suffering from tabes dorsalis.

2. Cerebellar Gait- a gait associated with staggering movement is seen in person suffering cerebellar
disease.

3. Cow’s Gait- this refers to a swaying movement due to knock-knee

4. Paretic Gait- gait in which the steps are short, the feet are dragged and the legs are held more or
less widely apart.

5. Spastic Gait- A gait in which the legs are held together and move in a stiff manner and the toes are
dragged.

6. Festinating Gait- Involuntary movement in short accelerating steps.

7. Frog Gait- a hoping gait resulting from infantile paralysis

8. Wadding Gait- exaggerated alteration of lateral trunk movement similar to the movement of the
duck.

d. Mannerism

Stereotype movement or habit peculiar to an individual.

It may be:

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1. Way of sitting
2. Movement of the hand
3. Movement of the body
4. Movement of the facial muscles
5. Expression of the mouth while articulating
6. Manner of learning

e. Hands and Feet

The size, shape, and abnormalities may be the baes of identification. Foot or hand marks found in the
investigation of the crime scene may be:

1. Foot or hand impression

2. Footprint or handprint

f. Complexion
This may be determined when the whole body is exposed preferably to ordinary sunlight.

g. Changes in the Eyes

A person is identified because he is near-sighted, far-sighted, color blind, astigmatic, presbyopic,
deformity of the eyeball, and the presence of disease are useful bases of identification.

h. Faces.
There different kinds of facial expression brought about by disease or racial influence.

The following are the kinds of faces:

1. Hippocratic Face
The nose is pinched, the temple hollow, eyes sunken ears cold, lips relaxed and skin vivid. The
appearance of the face is indicative of approaching them.

2. Mongolian Face
Almond eyes, pale complexion, prominence of cheek bones.

3. Face Leonine
A peculiar, deeply furrowed, lion-like appearance of the face. This may be observed in leprosy,
elephantiasis and leontiasis ossia.

4. Myxedemic Face
Pale face, edematous swelling which does not pit on pressure, associated with dullness of intellect,
slow monotonous speech, muscular weakness and tremor.

5. Left or Right Handedness

6. Degree of Nutrition
The determination must be in relation to the height and age.

Points of Identification Applicable to both Living and Dead person before Decomposition

1. Occupational Marks
1. Painters have stains on the hands and fingernails
2. Engineers and mechanics may have grease on their hands
3. A dress maker develops multiple puncture marks on the fingertips

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4. Baker and miller may have flour dust on their clothing and on their bodies
5. Mason has callosities on the palms of their hands
6. Other similar marks relative to individual’s occupation.

2. Race- in the living, race may be presumed in:

a. Color of the Skin

1. Caucasian- Fair
2. Malayan- Brown
3. Mongolian- Fair
4. Negro- Black

b. Feature of the face

1. Caucasian- Prominent sharp nose
2. Malayan- Flat Nose with round face
3. Mongolian- Almond eyes and prominent cheekbone
4. Negro- Thick lips and prominent eyes

c. Shape of the Skull

1. Caucasian- Elongated Skull
2. Malayan- Round Head
3. Mongolian- Round Head
4. Red Indians and Eskimos- Flat Head

d. Wearing Apparel
Causal and customary wearing apparel may indicate race as well as religion,
nationality, region and customs.

3. Stature
A person ceases to increase in height after the age of 25. There is apparent shrinkage in height after
a long-standing debilitating disease. There is actual shrinkage in old age on account of the
compression of the inter-vertebral and also the curvature of the spinal column. The growth of a person
rarely exceeds five centimeters after the age of 18.

4. Tattoo Marks
This is the introduction of coloring pigment in the layer of the skin by multiple punctures. Tattoo mark
may be inf the form of initials, names, images of view which is helpful in the identification if person in
the body of the person.

5. Deformity
This maybe congenital or acquired. Deformity may cause peculiar way of walking, body movement,
facial expression, mannerisms, etc. deformity like clubfoot, harelip, cleft palate, cystic conditions, bony
prominence, etc. could be bases of identification unless corrected surgically.

6. Birth Marks
Birth Marks which may be a spot naevi, port wine or a Mongolian blue spot could also be bases of
identification but it could be removed.

7. Injury Leaving Permanent Result

These are amputations, improper unions or fractured bones.

8. Mole- Ordinarily it is permanent but could also be removed

9. Scar- This is the remaining mark after healing of the wound.

10. Tribal Mark

This is a mark on the skin by tattooing or branding. Tribal mark is placed in the exploded parts of the
body and used to identify person or membership of a tribe or social group.

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11. Sexual Organ

Male organ may show previous circumcision. In female, the uterus and breast may show signs of
pervious pregnancy.

12. Blood Examination

Blood Type, disease, parasitic infection or toxic substances present may be utilized to distinguish one
person from another.

Personal Identification through Anthropometry

This is also known as Bertillon System devised by Alphonese Bertillon. This method uses
anthropometrical measurement of the human body as the basis of identification. In addition, Bertillon
was the first person to introduce portrait parle as an aid in identification.
Bases of the Bertillon System
1. The human skeleton is unchangeable after the twentieth year
2. It is impossible to find two human beings having the same bones exactly
3. The necessary measurement can easily be taken with the aid of simple instrument.

The information included in the Bertillon system

1. Descriptive Data
Color of the hair, eyes and complexion shape of the hose, ear, etc.

2. Body Mark
Moles, scars, tattoo marks, deformities, etc,

3. Anthropometrical Measurements
a. Body Measurements- height, width of outstretched arms, and sitting height.
b. Head Measurements- length and breadth of head, bizygomatic diameter, and length of the right
ear.
c. Limbs Measurements- Length of the left foot, length of the left middle and left little fingers, and
length of left arm and hand from the elbow to the tip of outstretched middle finger are measured.

Extrinsic Factors in Identification

1. Ornamentations- rings, bracelet, necklace, hairpin, earring, and lapel pin, etc.
2. Personal Belongings- letters, wallet, drivers license, and personal cards etc.
3. Wearing Apparel- tailor marks, laundry marks, size, style, sock and others
4. Foreign Bodies- dust in clothing, nail scrapping may show occupation, place of
residence or work, habit, etc.

5. Identification by close friends and relatives

6. Identification of records on file at the police department, immigration bureau, hospital, etc.
7. Identification photograph
Scientific Methods of Identification
1. Fingerprinting
2. Dental Identification
3. Handwriting
4. Identification of Skeleton
5. Determination of Sex
6. Determination of Age
7. Identification of blood and blood stains
8. Identification of hair fibers
9. Deoxyribonucleic Acid (DNA)

Two General Types of Suspect Identification

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1. Positive Identification
This uses information that identify and individual beyond question and is legally acceptable as
pertaining to an originating from a particular individual.

Example:
1. Information developed after comparing questioned with inked fingerprints
2. Result of DNA analysis of Blood and semen

2. Tracing Identification
This involves the u sed of all other information that maybe indicative of the personal identify of
an individual.

Example:
a. Description of witnesses as to the appearance of culprits
b. Information about the presence of a suspect’s personal belongings at the crime scene.

CHAPTER 7

THE CRIME SCENE SEARCH AND CRIME

SCENE SKETCH

CRIME SCENE
It is said to be a treasure island in criminal investigation. It is because several pieces of evidence
are mostly found in the crime scene, which are very relevant for the solution of the crime

It is the venue or place where essential ingredient of the criminal act took place.

It includes the setting of the crime and also the adjoining places of entry and exit of both offender and
victim.

TYPES OF CRIME SCENE

a. As to Location
1. Indoor Crime Scene
This crime scene entails that the offender committed the crime in an enclosed place; the crime could
have been committed in a room or inside the house but not necessarily the house of victim.

2. Outdoor Crime Scene

This crime scene is located in an open area. It could be inside the vehicle, airship, and vessel.

3. Continuing/Running Crime Scene

This crime scene has a mixed location from indoor or outdoor or vice-versa, or continuing outdoor
alone, or from one place to another of the same jurisdiction, or from place crossing to another area of
jurisdiction.

b. As to Time of Commission
1. Daytime Crime Scene
This type of crime scene refers to a crime committed from sunrise to sunset.

2. Nighttime Crime Scene

This type of crime scene refers to a crime committed from sunset to sunrise.

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CRIME SCENE INVESTIGATION (CSI)

It refers to a comprehensive inquiry of a crime scene by conducting systematic procedure of various

investigative methodologies which involve recovery of physical evidence and testimonial evidence for
the purpose of identifying the witness, and arrest of perpetrators for prosecution.

CSI shall technically commence upon the arrival of the First Responders (FR’s) and conclude with the
lifting on the security cordon and release of the crime scene by the Investigators on Case.

Procedure to be followed if crime incident is reported

If a report of a crime incident is received, the identity of the person who reported is noted, to include
his/her address, personal circumstances and possibly contact number.

Further, responding officers shall take note of the following:

1. The Means of the Report

This is either personal appearance, by phone or any other means.

2. The Time of the Report

The exact time of the report, the hour and the minute should be recorded.

3. The Time of Dispatch

The time when the desk officer dispatches the investigators should also be recorded together with the
names of the investigator, with the means of transportation use, either by mobile car, taxi or other
means.

All the above facts together with the time of arrival at the crime scene will form part of the investigation
report to be submitted by the investigator.

Debriefing of Initial Responders

Debriefing of the initial responders seeks to answer the following questions.

1. What is the scope and nature of the scene?

2. What actions are alterations had been taken or noted by firs responders including
EMS?
3. What is the status of involves parties?
4. What level of security had been established and what further security actions are
required?

The observation of the first people who witnessed a crime may not always be accurate, but they give
the team a point to star with. Responding officer should be reminded of the importance of
documenting his/her findings, actions, and observations in the initial police report.

What is the scope of the Crime Scene

In order to establish the extent of the crime scene, investigators should re-access the scene, ordinary
after debriefing. They must use the same criteria as the initial officer such as:

1. Primary Focal Points

2. Avenues of entry or exit
3. Secondary Scenes

Based on experience, they may recognize minor nuisances that require expanding the perimeter.
Also, the investigators should explain changes to the initial responding officer as a mechanism of
developing that officer’s knowledge and experience base.

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Duties of the Crime Scene Responder

1. Team Leader (Officer-in-Charge)- The one who directs the processing of the crime
scene.

2. Assistant Team Leader- The one who implements or executes the order/s coming from
his/her superiors.

3. Photographer-The one who takes photographs of all pieces of evidence that are
relevant to the crime committed.

4. Sketcher- The one who makes sketches of the immediate, background and inside the scene of the
crime.

5. Master Note Taker- The one who writes down in short hand all observations at the crime scene
such as whether condition, time of dispatch and time of arrival at the crime scene and other relevant
data that should be noted.

6. Evidence Man- The one in charge in the collection, preservation, tagging of the articles of evidence
found at the crime scene.

7. Measurer- The one who makes all relevant measurements of the scene such as;
1. The distance of the body of the victim to the firearm used
2. In motor vehicle Collison- the distance of the two vehicles to the points of references.

8. Security-They are tasked to protect the crime scene before, during and immediately after
release of the crime scene.

9. Driver- this refers to any personnel assigned to operate the mobile car during response.

Equipment in Crime Scene Responding

Responding to a crime scene requires the following equipment:

1. Searching Tools
2. Sketching Instruments
a. Measuring Devices- like compass, steel tape, rulers, etc.

b. Recording Material- like chalk, graphing paper, sketching pad, clipboard,

paperboard, etc.

c. Collection of Evidence- such as cutting flier, knife, screwed device, dropper, forceps,
fingerprinting equipment’s, etc.

3. Preserving Materials
a. Container- like bottles, envelopes, test tubes, pins, thumb tacks, etc.
b. Label and Seal (evidence tags)- like gummed labels, sealing wax, grease
pencil, etc.

Contamination Control
Once the crime scene team is confident of the scene scope, the team should act to further isolate the
crime scene. Initial perimeters are often a single barrier, leaving little if any buffer between crime
scene and the on-lookers.

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Contamination Control
Once the crime scene team is confident of the scene scope, the team should act to further isolate the
crime scene. Initial perimeters are often a single barrier, leaving little if any buffer between crime
scene and the on-lookers.
Multi-level Containment
It involves two barriers which creates three areas of access. This keeps support police out of the
actual scene and others at a safe distance.

1. Inner Scene- It is the actual crime scene, where only authorized investigators and crime
scene technicians operate.

2. Working Area- It is an surrounding the inner scene, where other support police may
enter, and equipment is staged and evidence is brought to

3. Outer Area- It is everything on the outside of the second barrier, where on-lookers,
media and others may gather.

Managing Access to the Scene

Once the perimeter is established, a decision must be made on how the team will manage access to
the scene. This involves identifying actual access point for the team and establishing entry control
points. Determining how to access the scene isn’t always difficult but it isn’t always simpler either.

Crime Scene Team Approach

1. By Area- single group of investigators is responsible for all activity in the scene.

2. By Function- specific groups are formed to handle different scene processing aspect.

In normal scenes, customs and size of the organization will often determine the approach. In the
complex scene, issues of size or resources may require the organization to alter its approach. Lack of
equipment resources to handle multiple scenes, may force a functional approach. If equipment
resources are not issues but size is; area teams may be necessary to handle small zones with a
large scene. The need for specialty examinations on scene may force a functional approach.

Managing the Crime Scene Team

Proper Management of the crime scene is as follows:

1. Crime Scene teams have to Managed properly

2. It is difficult to manage crime scene activity if the te4ams are under staff.

3. Different stages of the processing methodology demand different levels of minimum manning.

4. Photography team requires two individuals such as:

a. One who operates the camera
b. The other maintains the photo log ang assist the first one

5. Sketch team requires three individuals such as:

a. One that takes measurements.
b. One who annotates the sketch and takes notes
c. In a pinch, two can do the job, but be careful as notes and measurements get
mixed up.

6. Evidence collection team requires two individuals such as:

a. One who physically collects the items
b. The other maintains the evidence log

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7. Search team is a matter of circumstance, but always require a minimum of tow individuals. Not two
people perceive in the same way, so two sets of eyes prevent items from being overlooked.

Initial Steps during Crime Scene Response

The following must be observed by the first responder to a crime scene:

1. Record the date, arrival time and the weather condition.

2. If an injured person is in the scene, arrange for medical attention, identification and removal. The
scene should not be disturbed only to the extent necessary to have medical aid rendered to the
injured or to have a doctor examined a deceased victim. Each alteration should be accurately
recorded.

3. If the offender is at the scene, apprehend him.

4. If the scene is not fully protected, ensure its protection by using other policemen or other
responsible person to keep witness, suspects, and victims who are present from disturbing the scene.

a. It may be necessary to be re-route traffic, to prohibit employees from entering their place of
employment or to take other action to prevent any disturbance of the scene until a complete
examination is made. The body of a deceased victims should not be covered until thoroughly
processed for evidence.

b. Early action is taken to protect items of possible evidentiary value that may be destroyed by rain,
fire or other cause before collection can be effected. For example, a raincoat or piece of canvass may
be used to cover compression on the ground that is exposed to rain. Items that will melt should be
shielded from the sun or other heat source. Object such as food and blood should be covered to
protect them from contamination.

5. Determine and record the names of those person at the scene who may be witness, and separate
them. These persons shall be removed from the immediate area of the scene as soon as practicable.

6. Conduct preliminary questioning of witnesses, suspect and victims to determine in general the
extent of the incident or crime.

Note: Those present within the immediate area of the scene should only be the minimum number
needed to assist the investigator. It may be necessary to request other policemen or official present to
refrain from examining or disturbing objects of the scene.

Crime Scene Integrity Threats

A critical aspect in crime scene processing is to understand the crime scene integrity threats. There
are three basic threats the crime scene technician must recognized and they are as follows:

1. Addition of Material- Investigators and others end up creating evidence that didn’t exist.
Addition includes:
a. Shoe prints
b. Fingerprints
c. Fibers and hairs
d. Cigarette butts
e. Pop Cans
f. Coffee Cups
2. Destruction of Materials- Investigators and others end up destroying evidence or
damaging its value. Destruction includes.
a. Trampled dust prints in avenues of approach
b. Bloodstains on the victim’s clothing

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c. Trampled dew trails in outdoor scenes.

d. loss of evidence on the perimeter of the scene
e. loss of hairs and fibers on the body

3. Movement of Material- Investigators and others end up moving material in the scan
changing its context. Movement includes the following:
a. Weapons moved away from suicide victims
b. light turned on or doors and windows opened
c. staging actions by relatives. E.g. suicides or auto-erotic death.

CRIME SCENE PROCESSIING METHODOLOGY

Step 1: Initial Notification

As the initial responder must document the information that is presented to him/her.

a. who contacted them?

b. What were they told of?
c. How did that individual come to know the information?

Upon notification that crime transpired, first responder must perform the following:

P - proceed to the scene promptly and safely ASAP

R - render assistance to the injured party
E - effect arrest of the criminal
L - locate and identify witnesses
I -interview complaint, victim, witnesses
M - maintain the integrity of crime scene and protect evidences
I - interrogates suspect if necessary
N - note conditions, events and remarks
A - arrange for collection of evidence
R - report the entire incident fully and accurately;
Y - yield responsibility to follow-up investigator of superior officer.

Step 2. Coordination, Assessment and Team Callout

Assess the situation. Is this my jurisdiction> how complex is the scene? What are needed?
Who are needed here?

Assessment includes verifying the scene location: making mote of environmental conditions; and
seeking out the initial responder.

Step 3. Conduct Initial Observation

Conduct an initial scan of the scene, specifically look for the central theme items, victims; fragile
evidence; avenues of entry or exit; secondary scene. Act on fragile evidence immediately, take action
before it is lost.

Step 4. Deal with the Deceased

Check apparent deceased victims for signs of life. Identify anyone who may have already examine
victims. Coordinate the ME investigators examination. Make not of any actions taken during these
examination (ME or EMS that altered the body.

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Step 5. Photograph the Scene

Once life-saving or death varying is complete, the scene is table, with no further reason to violate or
alter it. Photograph the scan as it is with both still and video. Concentrate on photographs that let the
viewed see the overall context and conditions.

Step 6. Document Overall Observations

Unlike the initial scan, this is an in-depth observation and description of the scene. Requires a wall-
through, but without altering anything, since sketching and mapping have not been completed. Use an
eight-step descriptive set: quantity, item, color, type of construction, approximate size, identifying
features, conditions and location.

Step 7. Sketch the Scene

Create a rough sketch of the scene that includes room and openings with dimensions; furniture with
dimensions; evidence items, with fixing measurements and support the actual sketch with written
notes of measurements.

Step 8. Conduct a First Re-Check

Up to this point all obvious evidence and scene features have been noted, photographed and
sketched. Visually re-check the scene to ensure that no items or critical observations were
overlooked.

Step 9. Release the Body

Release the body from the scene to appropriate authorities. As it is moved examine the body, being
sure to: document all surfaces before post incident bleeding occurs check the body with an ALS for
easily dislodged hairs, fibers of other trace evidence, preserve fragile evidence by bagging expose
hands or feet.

Step 10. Collect the Evidence

Collect all evidence that were already located and documented. Examine each item for additional
photographs to documents close-up detail. Ensure each item is fully documented on an evidence
custody form.

Step 11. Conduct a Second Check

All known evidence has been safely containerized and removed from the scene. Second recheck
involves far more intrusive actions including:

1. Checking surfaces with the ALS

2. Fingerprinting walls and other scene surfaces
3. Exploratory searches and movement of furniture

The crime scene investigator is constantly encountering new evidence. This requires stepping back in
the process to play catch up.

Going back is an integral part of the second rechecking as new evidence may be discovered. This
going back is a constant behavior. In both the search and collection phases it is a routine to encounter
new evidence. A failure to stop and go back, results in partial documentation where critical
information is lost and not documented.

Step 12. Conduct a Third Check

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Verify all areas of scene which were perhaps overlooked. Conduct rechecks until these are negative.
This is a good time to review checklist. Conduct extremely intrusive actions like chemical
enhancements of floors, bullet trajectory analysis or bloodstain pattern analysis.

Step 13. Check beyond the Scene

Check the scene perimeter an outlying area to ensure that no secondary scenes were overlooked.
Good time to follow blood trails. If present, using both visual and chemical techniques.

Step 14. Conduct an On-Site Debriefing

Before releasing the scene, spend a few moments with the entire team reviewing and discussing the
actions taken. Make sure that no assignments were forgotten or overlooked by the team. Check
individual documentation to ensure everyone is clear on directions and other scene aspects. This
prevents later contradictions.

Step 15. Release the Scene

Release the scene to an appropriate individual. This can only be done after you are confident that all
activities are complete. The only way back is with an additional search warrant. Remember, if you are
unsure, it only takes manpower to hold a scene.

Steps 16. Process and Package all Evidence

On-scene collection may require temporary evidence containers. Package all evidence for the long
term as soon as practical, which may include drying of bloody objects. Check evidence vouchers
against scene documentation. If errors are noted, correct if possible and note any contradictions.

Steps 17. Conduct a Formal Debriefing

The debriefing should involve all available parties including the ME investigator, initial responding
officer, investigator and crime scene technicians. Revisit basic information and actions taken. This
briefing helps eliminate investigative red herrings and focus investigative efforts.

PNP Operational Procedures Manual

If the Scene of the Crime Operation (SOCO) is responsible in investigating the crime scene, the
procedure would be as follows:

1. Mandatory Briefing
2. Initiation of preliminary survey
3. Conduct of Interview
4. Preparation of narrative report
5. SOCO team detained search
6. Final Survey
7. Release of crime scene

Crime Scene Responders Specific Functions, Responsibilities and Procedures

1. First Responders (FRs)

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1. The first police officers to arrive at the crime scene are the FRs who are dispatched by the local
police station/unit concerned after receipt of incident/flash/alarm report.

2. Immediately, the FR shall conduct preliminary evaluation of the crime scene. This evaluation should
include the scope of the incident, emergency service required, scene safely concerns, administration
of live saving measures, and establishment of security and control of the scene.

3. The FR is mandated to save and preserve life by giving the necessary firs aid measure to the
injured and medical evacuation as necessary. The FR shall likewise secure and preserve the crime
scene by cordoning the area to prevent unauthorized entry of persons.

4. The FR shall take dying declaration of severely injured person, if any. The FR shall make the initial
assessment on whether a crime has actually been committed and shall conduct the preliminary
interview of witness to determine what and how the crime was committed.

5. If and when is a suspect present in the area, the first responder shall arrest, detain, and remove the
suspect from the area.

6. The FR, upon the arrival of Investigator-on-Case (IOC), shall turn-over the crime scene to the duty
investigator/OIC after the former has brief the investigator of the situation.

2. Investigator-on-Case/Duty Investigator
1. Upon arrival at the crime scene, the IOC shall request for a briefing from the FR and make a quick
assessment of crime;

2. At this stage, the IOC shall assume full responsibility over the crime scene and shall conduct a
thorough assessment of the scene and inquiry into incident. If necessary the IOC may conduct
crime scene search outside the area where the incident happened employing any of the various
search methods.

3. Based on the assessment, if the OIC determines that a SOCO team is required, he shall report the
matter to his/her COP and requires for SOCO, otherwise, the OIC shall proceed with the CSI without
the SOCO team.

4. The IOC may by himself/herself if the situation so demand, conduct CSI. If there is no Provincial
Crime Laboratory Office/Regional Crimea Laboratory Office in the province. The IOC must, however,
ensure that the correct procedures in the collection of evidence are observed to ensure the
admissibility of the evidence.

5. The Police Station Operation Center, upon directive of the COP, shall make the request for the
SOCO team through the Provincial/City Operations Center.

6. It shall be the responsibility of the Provincial/City Operations Center to facilitate the request for the
SOCO Team.

7. Upon the arrival of the SOCO Team, the IOC shall accomplish the CSI form, request for the
Conduct of SOCO and submit the same to the SOCO Team Leader. The SOCO Team shall not enter
the crime scene unless the IOC makes the official written request wherein he assures the SOCO
team of his presence and support.

8. The IOC shall brief the SOCO team upon their arrival at the crime scene and shall jointly conduct
the preliminary crime scene survey.
2. SOCO Team

1. The SOCO Team shall not join any operation conducted by the local police or accompany the FRs
or the IOC in going to the crime scene. They will only respond upon request through the Operations
Center and after the IOC has already made proper assessment of the crime scene.

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2. Upon receipt of the request of SOCO, the SOCO Team shall then conduct the scene of the crime
operations which include among other the narrative description of the crime scene, photography,
videography, crime scene search, crime scene sketch, crime scene location sketch, physical evidence
recording and collection and other procedures necessary.

3. In case the SOCO Team needs to temporarily suspend the processing, the Chief of Police shall be
primarily responsible and accountable for securing the crime scene and ensuring its integrity until the
return of SOCO Team and the conclusion of the CSI.

4. after the termination of the SOCO, the SOCO Team leader shall brief the IOC on the initial result
and thereafter conduct the final crime scene survey together with the IOC.

5. The SOCO Team shall accomplish the CSI Form, SOCO Report Forms and furnish the IOC of
copies of the same before leaving the crime scene.

3. Release of the Crime Scene

1. the IOC shall decide on the lifting of the security cordon and the release of the crime scene upon
consultation with the SOCO Team Leader and he/she shall be responsible in ensuring that all
pieces of potential evidence were collected by the SOCO Team as any re-entry into the crime scene
after it release to the owner will require a search warrant issued by the court.

2. the IOC shall ensure that appropriate inventory has been provided by the SOCO team and
shall only lift the security cordon and release the crime scene only after completion of the
documentation process.

3. The IOC or the COP shall turn-over the crime scene to the owner of the property or where the
crime scene is a public place, to any local person in authority.

CRIME SCENE INVESTIGATION NOT REQUIRING SOCO ASSISTANCE

Report of Incident To Police Unit

First Responder Proceed to the

Crime Scene

Investigator-on-case arrive at the

Scene

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REQUIRING SOCO ASSISTANCE

1. The investigator-on-case conduct assessment of the crime scene

2. Investigate the incident

3. In case where the evidence encountered need special processing due to significant or sensational
cases, the Scene of the Crime Operation (SOCO) specialist of the Crime Laboratory shall be
requested.

4. The investigator-on-cased turn-over Crime Scene to SOCO and assist in security the crime scene
perimeter area.

5. Observe the conduct of SOCO by Crime Laboratory

6. Receive the Crime Scene from the SOCO Team.

SIGNIFICANT CASES:

1. Bombing Incident
2. CT initiated terrorist activities
3. Raids, ambuscade, liquidation
4. KFR (Kidnap for Ransom) cases
5. Armed Robbery of Banks and others
6. Financial Institution
7. Calamity/Disaster
8. Massacre
9. Heinous Crimes
10. Murder, Homicide, Arson, Rape with Homicide

SENSATIONAL CASES:

1. Elected Public Officials (Brgy. Captain to President of the RP)

2. Appointed public officials with the rank of commissioner secretary and undersectary
3. Foreign Diplomat
4. Any foreigner
5. PNP/AFP personnel
6. Ex-high ranking government officials
7. Other prominent figures such as movie star, sports star, tri-media practitioners, professionals and
prominent businessman, prominent leaders of religious organizations.

CRIME SCENE INVESTIGATION REQUIRING SOCO ASSISTANCE

Report of Incident to Police Unit

First Responders proceed to the Crime Scene

Investigator-on-case arrive at the crime scene

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Investigator-on-case request for SOCO assistance

Investigator-on-case turn over Crime Scene to SOCO

Conduct of SOCO by Crime Laboratory

Release to Crime Scene to Investigator-on-Case

Six Important Forms of Crime Scene Documentation

1. Administrative Worksheet

This is used in documenting major events, times and movements relating to the search efforts. It is
also appropriate in recording initial and continuing management and administrative steps which
are taken to ensure that an organized search is accomplished.

2. Narrative Description

This involves record of the crime scene general appearance as first observed. However, extreme
detail regarding evidence or actual collection of evidence is beyond the scope of the narrative
description.

3. Evidence Recovery Log

It consists of the record of how physical evidence was recognized, collected., marked and package for
administrative and chain-of-custody purposes.

4. Latent-Print Lift Log

It refers to the record of how fingerprints and other prints at the CS were discovered, collected,
marked and packaged.

5. Photographic Log

It refers to the record on how the CS was systematically documented using still and video cameras.
The log shows the overall, medium, and close-up views of the scene. It contains a series of
photographs of the CS taken in a systematic manner based on SOP.

a. Take Long-Range- photos of the locality, points of ingress and egress, normal entry to the
property, exterior of the building/premises, and street signs or other identifiable that will establish
location which is taken to portray the areas as if a person viewing the scene is seeing it from the
standing position. The photographer takes the photograph with the camera at eye level.

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b. Take Mid-Range- photos of the immediate CS and the location of objects of evidence within the
area or room which portrays the scene from approximately 10-20 feet from the subject matter.

c. Take Close-Range- photos of specific evidence (strands of hair, fibers, footprints, and bloodstains)
approximately 5 feet or less from the subject matter.

Three Common Methods of Documenting the Crime Scene

1. Note Taking
1. It serves as a persona record of the search for evidence
2. It should be detailed so as to be understood as well
3. It should begin with the crime scene specialist name and assignment to the case
4. It should be supplanted by sketches and photographs of the scene
5. It should be recorded in a sequential order
6. It should be complete

Note: Notes are valuable not only as aid to as an accurate recall of events to be testified to in court,
but also to furnish the raw material needed in the written formal report of the case. A different
notebook should be used for each separate case and the notebooks should be kept permanently in a
safe place.

2. Sketching
It refers to the process of recording of information with respect to its location, position, measurement,
orientation and details of findings in a sketch pad through symbols, arts and figures.

3. Photographing the crime scene importance of photography

1. Permanent record of the crime scene

2. The first step in the investigation of any crime is to photograph all aspects of the crime scene
completely and accurately before any of the objects of evidence is removed or disturbed. It is better to
take to many photographs than too few.

3. Reconstruction of the crime scene.

Field Inquiry
It refers to the general questioning of all persons at, near or around the crime scene for purposes of
gathering information about the crime.

The moment that the investigator sets his/her foot at the crime scene, he/she must immediately
conduct the general questioning of all people present threat or he/she may assign his/her assistant or
any member of the investigating team. Most often, the members of the Mobile Patrol Bureau who
arrived at the scene earlier had already conducted the field inquiry and have in their custody the
witnesses and or the suspect. The investigator should not stop here but conduct further field inquiry at
the remaining people or who will arrive at the scene.

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METHODS OF CRIME SCENE SEARCH

Five Critical Ingredients of Good Crime Scene Processing

1. Knowledge- This refers to the basic understanding of the crime scene technicians about what they
are trying to accomplish and why.

2. Skills and Tools- The technician must have the appropriate equipment and be skilled with it
in order to collect the various types of evidence he/she may encounter.

3. Methodical Approach- The methods employed by the technicians must be encompassing and
purposefully regular.

4. Flexibility. Although methodical, the technician must also be flexible in order to deal with unique
situation.

5. Coordinated Effort- The entire team must coordinate their efforts in order for everyone to pursue
the same goal.

Six Crime Scene Actions

1. Assessing- the assessment of the scene assists the investigator in making a cession on what to
do, when to do it, and what resources may be required. Assessment must be accomplished before
taking any action, but assessment as on-going activity as well. The investigator is constantly
assessing the scene throughout processing.

Five Issues of Assessment

1. Scope and complexity of the scene
2. Scene integrity and contamination control
3. Team approach and composition
4. Search methods to be used
5. Personal protective measures

Assessment by the crime scene team always involves a debriefing of the initial responders.

2. Observing- The most common activity involved in crime scene processing is observing. Critical
observation is the act of mentally registering the condition of the scene and artifacts found it.
Observation is inclusive in assessing the scene but always precedes the other activities. Observing by
itself is a non-intrusive action, but it often leads to ah-hoc search behavior.

In the initial stages, observing is always conducted in a non-intrusive fashion. The investigator
consciously acts to only observes and not move or alter items in the scene as he/she observes him.

3. Documenting- The scene involves a variety of actions.

These includes:
1. Creating written notes of observations
2. Obtaining photographs of the scene in-situ
3. Videotaping the scene
4. Creation of crime scene sketches

Documenting the scene involves both non-intrusive and intrusive actions, hence, in the
documentation, step there is an order as well. This order goes from least intrusive to most intrusive,
typically following this sequence.

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1. An investigative walk through, creating written notes of basic observations

2. Photographing the scene in-situ, without altering or changing it.
3. Video-taping the scene
4. Sketching and measuring the scene
5. Close-up photography of specific details and artifacts thay may require
manipulation.

This order allows the investigator to capture the complete scene context, altering the context.

1. The investigator makes written notes of a revolver on the floor. (e.g. brand,
caliber, location)
2. The unaltered revolver is captured in the photographs in the exact position.
3. The unaltered revolver is included in the sketch and measurements are taken
documenting its exact position.
4. It is then handled and photographed to show cylinder conditions and other
details.

4. Searching- The nature of crime scene searches is always intrusive; searchers may alter the
original condition of the scene. To properly search, the investigator must move through the scene,
move the items and examine all surface. Because of this, searches are accomplished in stages. The
initial observation is a form of visual search.

True initial searches are done with limited alteration of the scene to prevent disturbing any
unobserved evidence. Later searches are extremely intrusive, often requiring dismantling and
movement of objects in the scene.

5. Collection- Collecting evidence is a very intrusive action. Once collected, the context of the item
and the scene are already disturbed. There is no undoing the act of collection. Unless there are
issues of fragile evidence, collection of evidence is accomplished only after all scene context is
documented. Different forms of collecting evidence result in different levels of alteration. Extremely
intrusive collection activities are always conducted last in the collection stage. Thus, collection may be
sequenced as well.

Examples:
a. Recovering a revolver or casing from the floor has no impact on the remaining scene context. It
creates no further them.

b. Recovering a bullet from a wall requires damaging the wall and may introduce wall board dust into
the scene, affecting other areas.

6. Analyzing/Processing- This often involves significantly intrusive behaviors, including:

a. large scale latent print processing of walls and furniture

b. chemical enhancement of latent prints or bloodstains on floors, walls or objects
c. Forensic analysis of specific objects of evidence at the crime laboratory.

Investigative Ethics

The function of an investigation is to discover the truth. There should be no other agenda. Personal
agenda and personal involvement will wrap the investigators perspective. The investigator must
remain neutral and impartial professional.

To remain neutral and impartial, the investigator must:

1. Investigate completely and thoroughly

2. Consider and report all evidence and information
3. Consider all viable hypotheses to explain the evidence

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4. Not be swayed by any lawyer.

Crime Scene Search Pattern

If the area to be searched is limited indoors with few contents or any other situation, which will
preclude a systematic search, no standard procedure of search is recommended. Nay method of
choice will do, provided that alertness, knowledge and experience of the participating investigators are
present. If the area to be search is quite extensive, a more systematic scheme of approach is
recommended.

1. STRIP METHOD
The Searchers (A, B and C) proceed slowly at the same pace along the path parallel to one-side of
the rectangle. At the end of the rectangle, the searcher turn and proceed back along new lanes – but
parallel to the first movement.

- the area is blocked out in the form of a rectangle. The searchers (3 person is good) proceed slowly
at the same pace along paths parallel to one side of the rectangle.

2. DOUBLE STRIP SEARCH METHOD

- (In the modification of the Strip Method, known as “double strip or grid method”, the rectangle is
traversed first parallel to the base, and then parallel to the side).

- 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 searchers (3 person is good) follow each other along the path of a spiral beginning on the
outside and spiraling in towards the center- or vice versa.

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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.

5. WHEEL SEARCH METHOD

- the area is considered to be approximately circular. The searchers gather at the center and
proceed outward along radii or spokes. Procedure is repeated several times depending on the
size of the circle and the number of searchers.

THE CRIME SCENE SKETCH

SKETCH is the graphic representation of the scene of the crime with complete measurements of the
relative distance of relevant objects and conditions obtaining therein.

The word sketch means to draw or to scale, with important dimensions at the scene being shown to a
good degree of accuracy.

Legally, for a sketch or diagram to be admissible in court, it must:

1. Be part of some qualified testimony

2. Be related to the observed situation (the person must have seen the area
express it correctly.

Why is sketching the crime scene vital?

The following are reason for sketching the crime scene;

1. To refresh the memory of the investigator

2. To express the precise location of objects and their relationship to other objects and surroundings.
3. To assist the prosecutor and the judge in understanding the conditions at the crime scene
4. To supplement photographs
5. To assist in the questioning of witnesses and suspects

Parts of the Sketch

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1. Title- refers to the crime committed or the incident happened such as vehicular accident,
homicide case, drowning, rape case and others.

2. Body- refers to the sketch proper to include the position of the victim and other items in the
crime scene. It includes proper measurements of distances of objects in the crime
scene.

3. Compass Direction (Orientation)- refers to the standard arrow to indicate the north
direction. To find the north without compass, determine the east where the sun rises.
Facing east, your left side is the north direction.

4. Nature of Case- refers to the status of the case whether currently committed or days had
passed after its discovery.

5. Location of Incident- refers to the place where the incident happens.

6. Date/Time of Incident- refers to the exact time and date of the incident. This can be
gathered through interviews from eyewitnesses and other persons in the area.

7. Name of the Victim- is part of the sketch where name of the victim is written.

8. Name of the Suspect- refers to the part of the sketch where the name of the suspect is
written.

9. Measurement- is an element of sketch with measurements showing accurate spaces and

distances of relevant object to their point of references.

Example:

The distance of a loaded pistol to the body of the victim and the nearest wall. Point of Reference must
always be on two points to give the exact location of the object by way of latitude and longitude.
The room area must be measured by width and length, together with the heights of the walls, the size
of the door and the direction of its swing.

10. Essential Items- all items in the scene must be included. Never decide outright that some
items are irrelevant. As your proceed in the investigation, these seemingly irrelevant items
will become relevant or material in the investigation.

11. Scale of Proportion- is the element of the finished sketch. It is the essential of the
finished sketch. It is the essential of the finished sketch to the actual size or
measurements at the scene. The scale of 1:50 means that one inch in the sketch
measurement is 50 inches in the actual scene measurement.

12. Legend- is usually placed at the bottom of sketch outside the sketch of the scene. Number
represents the objects in the crime or letters in order not to unnecessarily crowd in the
graphic presentation. Their descriptions are found in the legend.

13. Sketcher’s Name and Signature- is where the name of the sketcher and the team leader
or the officer in charge are written and signed.

14. Date and Time- refers to the exact time and sketch was made.

GENERAL KINDS OF SKETCH

1. Rough Sketch
This is a sketch made by the investigator at the crime scene, which is full of important details but
without the scale of proportion. This is used as the basis for the finish sketch.

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2. Finished Sketch
This is a sketch with a scale of proportion. Drawn by a draftsman, it can be used for court
presentation. Rough and finished sketch if requested by the court shall be presented by the draftsman
to clear doubts or the jury.

TYPES OF SKETCH

1. Floor plan (Birds Eye View)

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2. Elevation Sketch/Drawing
-used to show slopes present at the scene.
- these are sketches to show elevation perspective at the crime scene.

3. Exploded View

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4. Perspective Sketch/Drawings
a.

b.

SPECIFIC KIND OF SKETCH

1. Sketch of Locality
This deals with the vicinity of the crime scene in relation to the environs, to include neighboring
buildings, structure, or means of access leading to the scene. This kind of sketch is applied in
conflagrations, suspected to be arson, indicating the origin of the fire and how is spread naturally
or unnaturally against the wind.

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2. Sketch of Grounds
This is the kind of sketch which illustrate the scene of the crime with the nearest physical
surroundings, such as the room adjacent or opposite the room of the crime scene, the number of
floors of a building or house, the yard and the other natural structure.

3. Sketch of Details
This includes the positions and exact locations of the physical evidence in the crime scene. It
describes the immediate scene only like the room where the crime was committed and the details of
items in the room.

CHAPTER 8

THE BASICS IN SURVEILLANCE

SURVEILLANCE

It is defined as the discreet observation of persons, places and vehicles for the purpose of obtaining
information concerning the identities or activities of criminals.

SURVIELLANT

It refers to the person who conducts the surveillance or performs the observations.

SUBJECT

It refers to the person, place or vehicle being observed by the surveillant.

Types of Surveillance based on the knowledge of the subject:

1. Covert Surveillance
This is a type of surveillance conducted to a subject who is unaware that he/she is under
surveillance.

2. Overt Surveillance
This occur if the subject is aware that he/she is under surveillance.

Kinds of Surveillance based on the location of the subject:

1. Fixed Surveillance

This is usually performed when surveillance is directed to a particular building or premise. The
surveillant is immovable in place while observing his/her subject.

2. Moving Surveillance

It is performed by foot or by the use of any transportation vehicle in order to observe the subject.

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Shadowing or Tailing

It refers to the act of the surveillant of following his/her subject to detect criminal activities, to establish
the association of subject, to find a wanted person and many other purposes.

Roping

It is a kind of undercover work wherein surveillant assumes different roles and identify in order to
obtain information.

Purpose of Surveillance

1. To get information on criminal activities as bases for future raid.

2. To discover the identifies of person frequenting the place
3. To prevent the commission of crime
4. To establish legal grounds for the application of a search warrant
5. To arrest the criminal in flagrante delicto or caught in the act.

Procedure in Fixed Surveillance

1. Use a room in a nearby house or building
2. Use camera with telephoto lens and powerful binoculars in order to get pictures of subject,
visitors and activities.
3. Use listening devices, if situation allows
4. Some surveillants may remain outside, posing as carpenters, plumbers

Tools used in fixed surveillance

1. Binocular
2. Telescope
3. Cameras with telephoto lens
4. Wiretapping devices
5. Listening devices
6. In case there is difficulty in wiretapping device, an expert in lip reading must be
employed.

Personal Appearance for Surveillant

1. He/she must be of an average height, built and general appearance of a person who could easily
mingle with the crowd without being conspicuous.

2. Adapt an inconspicuous clothes and jewelry

3. Grooming and body accessories must blend with the crowd to avoid unnecessary attraction or
attention or to avoid him/her being fixed in the mind of a very observant person.

4. Avoid noticeable peculiarities in appearance and mannerism

5. He/she must be resourceful, alert, quick-witted and versatile to reason out once accused by
others.

6. A good actor by being able to find to avoid suspicion in an embarrassing situation.

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7. Be prepared for a “cover story”. The cover story must be believable regarding his/her personal
appearance. If he acts as a vendor, he/she must look as one without the display of manicured
fingernails or attire at odds with fictitious personality.

Purposes of Foot Surveillance

1. To detect pieces of evidence of criminal activities.

2. To establish the associates of the subjects;
3. To establish places frequented by the subject and his place of operation or temporary
residence.
4. To locate a wanted person
5. To protect witnesses or complainants
6. As part of background investigation of a certain person for a lawful cause in promotion,
appointment or award.
7. As a form of loyalty check for suspected employees in cohorts with criminals or shady characters.

Don’ts in Foot Surveillance

1. Never meet the eyes of the subject to avoid suspicion. If the subject makes and abrupt turn, avoid
face-to-face confrontation by looking elsewhere away from the face of the subject.

2. Avoid lurking (waiting), sleuthing (look for clues) and creeping (stealing) manner. Don’t lurk in
doorways, stalking behind the subject, crouch and sneak around the corner. All of these will attract
attention.

3. Don’t wear story-book disguises, false whiskers, artificial noses or scars and faked deformities and
the like rarely if even are convincing for any length of time even when worn by profession make-up
artist. These disguises may be good for theater but not for the street.

4. Never carry noticeable notebooks, brief case or other objects. Don’t greet fellow officers or allow
them to greet you by way of signals like blocking the lips with a finger.

5. Don’t make entries or notes in your notebooks ostensibly or display publicly.

Preparing for Shadowing

1. If the subject is unknown to the surveillant, have somebody point him/her or obtain a full and
complete description of the subject.

2. Have a complete background of the subject such as habits, haunts, social life and places
frequented.

3. Surveillant should adapt his/her attire to conform to the place where he/she expects to find the
subject

4. He/she should be casual and should not be apparently centered on the subject. Avoid nervousness
and haste. Patience will count much.

5. Study the place and surroundings of the target as illustrated in his/her mental map to include
transportation, entrances and exits and communication facilities. If he/she loses the subject, he/she
knows how to establish the trail again.

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6. It must that the identity of the subject be known at the start before embarking surveillance. This is
important in order that the surveillant will be prepared if there will be a violent confrontation.

Methods of Foot Surveillance

1. One Man Shadow

It is conducted by one man in shadowing a subject. The surveillant should establish the contacts of
the subject, place visited, girlfriends and confidants.

Example: In case the subject will used the telephone booth, the shadowed must feign a call at the
available booth.

2. Two Mand Shadow

This is easier for the surveillants to fully cover the subject. The methods allow the exchange of the
positions of the shadowers in order to avoid discovery. One shadower will follow behind the subject
and the other may either be abreast or on the opposite side of the street or following the first
shadower.

3. Three-man Shadower of ABC Technique of Shadowing

The three shadowers are represented as A, B, C. this is how they work. A is close to the subject and
follows him/her at a distance depending on the pedestrian traffic. B follows A at the same distance of
A to the subject. If vehicular traffic is moderate, it may be opposite him/her on the other side of
the street. B and C take turns in assuming the position of A to prevent A from becoming familiar and
noticeable figure to the subject. Pre-arranged signals are encouraged.

Advantage of the Three-man Shadow or ABC method

1. When the subject becomes suspicious of any of the operatives, said operative could quickly drop
out of the shadowing.

2. If subject suddenly turns a corner. A may continue straight ahead, instead of rushing to the corner
and anxiously looking for the subject. C t hen crossers the street and follows the subject, to take the
positions of A, C, is in a position to view any sudden disappearance of subject towards a door or
building.

Tactics and Technique of Shadowing

1. Turning Corners
The surveillant should not rush if the subject turns to a corner. If the subject disappears, the nature of
the surrounding will determine the tactics to locate the subject. It is preferable to lose the subject
rather than alerts him/her in the tail.

2. Entering a Building
If the building has no back exit, the surveillant should wait until the subject comes out. It is
necessary to follow the subject inside the building if there is an exit at the back of the building. In case
the subject boards an elevator, the surveillant should also board the elevator. The surveillant should
tell the elevator boy the same floor as that of the subject or he/she may proceed to the top floor. If
there are more than one shadower, one should alight on the floor of the subject. The other may
proceed to other directions such as the first floor where they could wait for the subject.

3. Riding a Bus

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The surveillant should board the same bus sit behind or at the side of the subject. If the shadower
misses the bus, he/she should board a taxi and board the bus at a place ahead.

4. Riding a Taxi
If subject rides on a taxi, the shadower should take another taxi and note the plate number and the
company name of the subject’s taxi. If he/she fails to tails to tail the taxi, he/she should get information
from the taxi company through the driver of the taxi for the disclosure of the subject’s destination.

5. Riding a Train
The shadower must fall in line toward the ticket booth, behind the subject so that he/she could
overhear the destination or he/she could merely request for a timetable or a ticket for the last
destination.

6. Inside the Restaurant

Shadower should allow the subject to select a table before entering the restaurant. The shadower
must select the obscure table and estimates to finish his/her meal at the same time as that of
the subject.

7. In a Hotel
The room of the subject could be inquired from the hotel registry. Once pinpointed, the shadower
must take an adjacent or opposite room. If there are no available on this arrangement, the nearest
vacant room should be the choice.

8. In a Theater
The shadower should be seated behind the subject. If the subject gets out, she/she should follow in a
different exit point.

9. Inside a Private House

The shadower should wait outside at a distance to be inconspicuous, taking the address and the
occupants to be verified later.

10. Inside a Small Private or Public Office

The shadower must wait outside, pretending to be a customer of nearby establishment

11. Telephone Booth

The shadower may take the next booth of stand near the subject to hear the conversation. The
telephone book used and the page number at which it was left often should be noted.

Common Trick of the Subject in Surveillance

1. Test for Tailing

When the subject is conscious that he/she is being tailed while about to board a public conveyance,
he/she usually jumps off the vehicle. If somebody also jumps off, he/she then recognized the
shadower, which will be the basis for future recognition.

2. Use of Convoy

The subject employs other partners to detect if he/she is being tailed. The convoy which may employ
the ABC method would be very easy to detect shadowers. If the subject uses this, the shadower must
be behind the convoy and follow them instead.

Techniques in Automobile Surveillance

1. At least two or more cars should be used with at least two persons assigned in one car.

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2. The second car should follow the first car at a distance effective for tailing
3. The second and successive cars should follow each other in the same distance of the first car to
the subject.
4. If only one car is used, it should follow the subject’s automobile at a distance, which is effective to
the purpose.
5. The manner of driving should be changed as often as needed by alternating between the right and
the left lanes. Pre-arranged signals should guide the alternating car position behind the subject. This
is done to avoid detection.
6. If the subject employs convoy of vehicles, this must be immediately discovered so that the
shadowing vehicles should be positioned behind the convoys.

7. In parking the surveillance vehicles, it should be in the next block. The building exits and the
subject’s car should be kept under close observation.
8. The occupants of the surveillance car should be at the back seat and should remain inconspicuous.
If considerable time is available, they should leave the car and walk back and forth in the street.

UNDERCOVER OPERATION

It is a police operation wherein the investigator assumes a fictitious identify in order to infiltrate the
ranks of the criminals for the purposes of obtaining information.

This should be the last resort if no other effective means of obtaining information is available. It is a
last resort because of the risk involved which may cause the loss of life or limb of the investigator.

UNDERCOVER AGENT

It is a person who conducts an undercover assignment. He/she should be knowledgeable on the

subject’s language or dialect, customs and habit, physical appearance among others.

Purpose of Undercover Operation

1. Gathering Evidence
The undercover agent can observe criminal activities, hear conversations, photographs
documents and performs other activities for collating and gathering evidence.

2. Counter-Intelligence
Counter-Intelligence operation is a means to identify the double-crossers. The undercover agent
could validate the truthfulness of the information given by informants.

3. Installation of Surveillance Equipment

The agent is in a position to secretly install surveillance equipment such as hearing devices or
wiretapping facilities.

4. Loyalty Check
This applies to private or government employees who are security risk personnel, especially
those involved in intelligence work.

5. Penetrating Subversive Organizations

By nature of the operations of this organization, which is clandestine, the only effective method of
obtaining information is by undercover operations.

6. Basis for a Successful Raid

The information obtained by the undercover agents are direct, hence they are important base for the
planning and execution of future raids. The agent is in a position to known the armaments of t he
targeted criminals.

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Types of Undercover Assignment

1. Work Assignment

If the agent is to be employed as a janitor, he/she must know his/her work and appear as
such, focusing his/her mentality and habit to work assignment. He must avoid language of refinement
in order that his/her educational background will appear as to that of janitor.

2. Social assignment

These are places of amusements, such as bars, nightclubs and other places of entertainment
where a subject frequently goes. Criminals throw a major part of their loot to these places and the
undercover agent must know the hostesses who are girl friends of the criminals. He/she must know
how to drink socially without getting drunk.

3. Subversive Organization

He/she must know the ideologies of the organizations in order suit his/her philosophies and actions
while inside the said organization.

4. Residential Assignment

This concerns the neighborhood of the suspect where the undercover agent fits himself/herself
as a new resident, without generating suspicion. The purposes are to be befriend to those who could
give information and possibly get closer to the subject.

5. The Fictitious Personality

The preparation should include the fictitious background of the undercover agent. He/she must
discard all papers and identification cards, etc. A new set of background information should be issued
to him. The agent must memorize all the details of his/her fictitious background.

Communications by the Undercover Agent to the Headquarters

1. Telephone

Utmost secrecy must be the guideline in calling headquarters. Modern telephone having their caller’s
ID that my trace who is calling. It is better to use a dial public booth not connected with the local
switchboard operator. Different telephones must be used. If using a cell phone immediately erase the
number called, a technique must be used in the cell phone so that the number of the person called will
not appear in the record. Text messages should be erased immediately

2. Secret Meetings
They are pre-arranged to pass important and vital messages which should be immediately acted
upon. But some messages decided in the meeting need to be put secretly to preserve its purpose;
therefore, several techniques are used. An invisible ink can be used.

3. Coded Messages
The coded messages should be written in inconspicuous writing materials such as napkins, wrappers
these should be discarded later. Serial number and business names. Which are difficult to memorize,
should be noted. These messages should be placed secretly in the drop boxes such as trashcans for
the collection of the supporting agent.

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Tracing and Arresting the Criminal

1. By Informers
The informers must be given the picture of the criminal together with his/her last known address and
acquittances or his/her possible hang outs. If no picture is available, the full descriptions of the
criminal must be given to the informer. If the criminal has no acquaintances in the Metropolitan area,
the likelihood is that he/she will flee to his/her hometown or province where he/she has the relatives to
guide him/her.

2. By Informants
Informants must be contacted to secure possible information as to the whereabouts of the criminal.

3. Grapevine Sources
These grapevine informants or informers have easier access to the underworld where vital information
could be gathered as to the whereabout of the particular criminal. The prisoners or inmates are most
often knowledgeable on crimes and criminals more than the police, especially on major crimes.

4. By Tailing
The surveillant may tail the wife, relative and friends of the criminal who will deliver provisions to the
hiding place.

5. Using Children of the Same Age

The children of the criminal maybe used as sources of information as to whereabouts of the subject.

6. Courting the Girlfriend of the Criminal

This can be done by showering them with gifts and expressing passionate love. Money and love have
proven in the past as a major consideration of betrayal. Most of the girlfriends of the criminals are
hostesses, prostitutes or dancers.

7. Harassing the Associates and Friends of the Criminals.

These people will give the desired information in exchange for peace, or by befriending or helping the
to get out of the mess of minor violations of law.

8. Arresting Criminals Known to the Subject

These persons must be interrogated with the false information that the one responsible for their arrest
is the information coming from the criminal being sought. The underworld character should be
intrigued about this technique so that they would betray each other. There is always a power struggle
among the criminal syndicates for their continued existence.

9. In fresh cases, the bloodhound dogs or K-9 are used to track down the suspect in squatters’
areas, open field or wooden terrain. This is most effective if a piece of article belonging to the criminal,
left at the crime scene is sniffed by the dog as a sample of the odor of the criminal.

10. In every recent case, find out the ethnic origin of the criminal. If he/she is from Baguio City,
there is a great possibility that they will go home to his/her place. In the past, there were successes in
arresting the criminal at the pier or at the domestic airport within 3-day stick out.

11. Disguises
Beware of disguises employed by the criminal. Many suspects had eluded police cordon or dragnet
by pretending to be abnormal persons greases with the dark oil and acting the mannerisms of the
abnormal. Some suspects also attired themselves with wigs and feminine dresses. In company with
some women, they had easily passed the police cordon.

12. Corrupting the known associates of the criminal through the money
In the underworld, money talks louden than other things.

13. Publications or Rewards

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Done in newspapers of general circulations mostly read by the masses. This is effective for the
capture of the criminal. A weeklong publication together with the criminal’s picture will pay off.

INFORMANT

It refers to any person who gives information to the police authorities relative to a crime.

It refers to any person who furnishes the police information relevant to a criminal case about the
activities of criminals or syndicates. This is done without any monetary consideration. The informant
may openly give information or may serve as a witness voluntarily.

Types of Informant

1. Anonymous Informants
He/she maybe an anonymous phone caller, letter writer or a text s ender. The duty of the investigator
is to receive the information, not to reveal any other information to the caller about facts already
known

2. Confidential Informant
This is a person who provides the police with confidential information concerning a previous crime or
a projected and planned crime. He/she does not want to be identified as the source of information.
Under the law, these informants are protected and their identity could not be revealed by the police
even under the order of the court unless on exceptional case where there is a claim of the defense
that the informant framed up the accused.

3. Rival-Elimination Informant
This kind of informant mostly maintains to be anonymous. His/her purpose is to eliminate the rival
person of gang due to competition or other motives such as revenge, etc.

4. False Informant
This informant usually reveals information of no consequences, value or stuff connected with thin air.
His/her purpose is to appear to be on the side of the law and for throwing out the suspicion from
himself/herself or from gang or associates.

5. Frightened Informant
He/she is prodded by fear or self-interest in giving information to the police. He/she maybe one of the
lesser gang mates are about to be involved in dangerous situation or when the gang he/she belongs
is hot on the police trail. Motivated by anxiety and self-preservation of his/her well-being he/she
furnishes the information to protect himself as a means of sustaining self-importance. This type is the
weakest link in the composition of the criminal chain.

6. Self-Aggrandizing Informant
This kind of informant moves around the centers of criminals, group or syndicate and delights in
surprising the police about bits of information. His/her information may be of value by the way of
authentication in intelligence information.

7. Mercenary Informant
The informant has information for sale. He/she may have been victimized in a double-cross or little
share in the loot or given a dirty deal and seeks revenge as he/she will profit in the disclosure.

8. Double-Crosser Informants
He/she uses his/her seeming desire to divulge information as an excuse to talk to the police in order
to get more information from them more than what is given. To counter this kind of informant, the
police applies the deception method by giving false information that will lead to his/her capture.

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9. Women Informant
She maybe the female associate of the criminals, who was roughed up, marginalized in the deal or
being eased out from the group. Care must be given to this kind of informant because women,
given the skills and expertise, are more dangerous than men. They often given free romance that will
result in blackmailing the investigator or will result to an extended family for support. Women are said
to be most effective among informers because they could easily penetrate the ranks of criminals
with less suspicion.

Besides, they could mingle with the crowd easily and could obtain information more than their male
counterparts, especially if their beauty attracts attention. They have easier access to women
associates of make criminals. However, care should be employed as they could easily double-
cross the police once they fall in love with criminals.

Motives of Informants

1. Vanity
The motive is for self-aggrandizement by gaining favorable attention and importance by police.

2. Civic Mindedness
Informants provide information because they are imbued with the sense of duty and obligation to
assist the police in their task.

3. Fear
It is the engendered illusion of oppression from enemies or from impending dangers.

4. Repentance
Those lesser criminals such as accomplices or accessories will have a change in heart to unburden
their conscience.

INFORMER
It refers to any person who provides information to the police on a regular basis.

They are either paid regularly or in a case-to-case basis or none at all. They are cultivated and
established by the police on more or less permanent character as long as they are loyal and
useful to the police organization.

Selection of Informers

There are no hard and fixed rules in the selection of informers. This is addressed to the sound
discretion of the investigator. These informers must be indoctrinated that they are not immune from
arrest and prosecution of they commit crimes. They should not bring shame and dishonor to the police
service. When they will commit crimes, they should not be punished like the rest.

All the sectors of the society must be covered, and their combination included but not limited to taxi
drivers, jeepney and bus drivers, vendors, conductors, waiters, dancers, ex-convict, shady or
underworld characters, hostesses, bankers, security guards, businessman, prostitutes, the elite in the
society and others. They should be planted as moles or stole pigeons practically in all the corners of
the social order.

Critical areas in the Deployment of Informers

1. Within the ranks of criminals and criminal syndicates
2. Associates and friends of criminals
3. Places of hang-outs of criminals such as night clubs, bars, hotels, billiard halls and other places.
4. Slums and residential places where criminals have their contacts
5. Detention centers such as jails, prisons, temporary detention centers, etc.
6. Places where criminals dispose their loots

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Two Classical Systems of Gathering Information

1. English System
This system involves gathering information that has a little consideration on paid informants. This
system relies more on the information provided voluntarily or willingly by patriots or civic-minded
informants

2. French System
This involves the practice of obtaining information that relies heavily on buying information; this
advocates the extensive use of informers.

REFERENCES

Sumad-on, D. T. (2020). Fundamentals of Investigation with Intelligence. Wiseman Books

Trading, Inc. Quezon City

Vicente J. B. et al., (2016). Fundamentals of Criminal Investigation 2nd Edition. Wiseman

Books Trading, Inc. Quezon City

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