SPECIALIZED CRIME

DARWIN P. BATAWANG
INVESTIGATION 2 WITH
SIMULATION IN INTERROGATION CRIMINOLOGIST, PhD CJ
& INTERVIEW
 PRELIMINARY CONCEPTS OF CRIMINAL
INVESTIGATION
CONCEPT OF CRIMINAL
INVESTIGATION

◼ Criminal investigation is a branch of

jurisprudence that uses scientific
theories and principles, including time-
tested philosophical analysis to uncover,
collect and process facts then develop
information that can lead the mind of
any sensible person to see the truth.
 PRELIMINARY CONCEPTS OF CRIMINAL
INVESTIGATION
CONCEPT OF CRIMINAL INVESTIGATION

◼ It involves a legal search for people and things that can

be used to reconstruct a crime and the mental state of
the offender. The objective is to determine the truth as
far as it can be discovered in any “Post-Factum Inquiry”.
This is done by gathering facts that can be used to
elucidate questions relating to a crime or involving a
criminal case (Weston and Wells 1999).
 PRELIMINARY CONCEPTS OF CRIMINAL
INVESTIGATION
DEFINITIONS OF CRIMINAL INVESTIGATION

◼ Criminal investigation is the collection and analysis of

facts about persons, things and places, subject of the
crime to identify the guilty party, locate the whereabouts
of the guilty party, and provide admissible evidence to
establish the guilt of the party involved in a crime.
 PRELIMINARY CONCEPTS OF CRIMINAL
INVESTIGATION
OBJECTIVES OF CRIMINAL
INVESTIGATION
• Detect crime
• Locate and identify suspects in
crime
• Locate, document and preserve
evidence in crime
• Recover stolen property
• Prepare sound criminal cases for
prosecution
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

DEFINITION OF INVESTIGATION
◼ Investigation is the collection of
facts to accomplish a three-fold
aim:
• to identify the suspect;
• to locate the suspect; and
• to provide evidence of his guilt.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

THE INVESTIGATOR
◼ In the performance of his duties,
the investigator must seek to
establish the six (6) cardinal
points of investigation, namely:
what specific offense has been
committed; how the offense was
committed; who committed it;
where the offense was committed;
when it was committed; and why
it was committed
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION

Protocols In Investigation are a set

of standard statements that publicly
explain the process and
expectations that guide the process.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 1: Jurisdictional Investigation by the
Territorial Unit Concerned

The Police Station, which has territorial jurisdiction of

the area where the crime incident was committed, shall
immediately undertake the necessary investigation and
processing of the crime scene, unless otherwise directed by
higher authorities for a certain case to be investigated by
other units/agency.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 2: Official Police Blotter
A Police Blotter is an 18” x 12” logbook with hard-
bound cover that contains the daily register of all crime
incident reports, official summary of arrests, and other
significant events reported in a police station.
As a general rule, all crime incidents must be
recorded in the official police blotter.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 2: Official Police
Blotter
A separate Police Blotter,
however, shall be maintained for
offenses requiring confidentiality like
violence against women and
children and those cases involving
a child in conflict with the law to
protect their privacy
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN
INVESTIGATION
a.Composition:
Protocol 3: Investigation
Team: Organization and 1.Team Leader;
Equipment 2.Investigator/recorder;
All investigators in any police 3.Photographer;
unit must be a graduate of 4.Evidence custodian;
prescribed investigation course with and
a rank of at least PO2 (Police 5.Composite
Corporal) (pre-requisite to Illustrator/Artist
assignment).
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 4: Duties of the First
The First Responder is
Responder
a police officer who is
a. Proceed to the crime scene to the first to arrive at the
validate the information received; crime scene to provide
b. Record the exact time of arrival and initial police actions on

all pertinent data regarding the information or

incident in his issued pocket complaint
notebook and notify the IOC; https://dpcr.pnp.gov.ph
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 4: Duties of the First Responder
a. Cordon off the area and secure the crime scene with a
police line or whatever available material like ropes,
straws or human as barricade to preserve its integrity;
b. Check whether the situation still poses imminent danger
and call for back up if necessary;
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 4: Duties of the First Responder
a. Identify possible witnesses and conduct preliminary
interview and ensure their availability for the incoming
investigator-on-case;
b. Arrest the suspect/s if around or in instances wherein the
suspect/s is fleeing, make appropriate notification for
dragnet operations;
c. Prepare to take the “Dying Declaration” of severely injured
persons
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 4: Duties of the First Responder
a. Evacuate the wounded to the nearest hospital using
emergency services;
b. Account for the killed, wounded and arrested persons for
proper disposition;
c. Conduct initial investigation; and
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 4: Duties of the First Responder
a. Brief the investigator-on-case upon arrival and turn over
the crime scene.
b. Conduct inventory on the evidence taken at the crime
scene; Inventory receipt should be properly signed by the
first responder, SOCO and the investigator in charge.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 5: Duties and responsibilities of the Investigating
Team

a. Take full control of the crime scene to include the conduct of crime
scene search; taking of photographs; making sketches; lifting of
fingerprints; markings of physical evidence; (Chain of custody) the
transmittal of evidence to crime laboratory; interview of witnesses;
gathering and evaluation of evidence; follow-up of the case and the
documentation and filing of appropriate charges in court.
b. Establish a command post in the immediate vicinity of the crime
scene;
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 5: Duties and responsibilities of the Investigating
Team

a. Designate a holding area in the immediate vicinity of the crime

scene (for the media, VIP‟s and other personalities present);
b. Conduct case conference with the first responder, SOCO, other law
enforcers and rescue personnel;
c. Note any secondary crime scene (if situation requires); and
d. Release the crime scene after investigation.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 6: Investigation of Suspects

a. Procedures when arrest is made

1. Secure the person arrested (handcuff at the back);
2. Inform the arrested person on the cause of his arrest and his rights as
provided for in the Constitution;
3. Conduct thorough search for weapons and other illegal materials against
the suspect/s;
4. Use reasonable force in making arrest;
5. Confiscated evidence shall be properly documented and marked;
6. Bring the arrested person to the Police Station for investigation.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 6: Investigation of
Suspects
a. Booking procedures of the
Arrested Person/Suspect
1. The arrested suspect shall be
fingerprinted, photographed and
subjected to medical examination to
include liquor and drug tests.
2. Conduct record check.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 7: Taking of Sworn
Statements of Suspects
◼ The execution of a suspect’s
“WAIVER” as stipulated in Art 125
of the RPC shall always be done in
the presence of his chosen counsel
or any independent counsel.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 8: Taking of Sworn Statement/s
of the Witnesses
a. Sworn Statement or Affidavit of complainant/s
and witness/es must be taken immediately by the
investigator-on-case.
b. Affidavit of Arrest of arresting officers must be
taken immediately not later than 24 hours.
c. In Inquest cases, the investigator-on-case and
the arresting officer/s shall observe Art. 125 of
the RPC.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
a. An inquest is an informal and summary investigation
conducted by the public prosecutor in a criminal case
involving persons arrested and detained without the benefit
of a warrant of arrest issued by the court for the purpose of
determining whether said persons should remain under
custody and correspondingly be charged
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
a. Art. 125. Delay in the delivery of detained persons to the proper

judicial authorities. – The penalties provided in the next preceding

article shall be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of: twelve
(12) hours, for crimes or offenses punishable by light penalties, or
their equivalent; eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent; and thirty-six
(36) hours, for crimes or offenses punishable by afflictive or capital
penalties, or their equivalent.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 9: Preparation of Reports and Filing of
Charges
◼ The Investigator-On-Case shall submit the following:
a. Spot Report within 24 hrs to HHQ;
b. Progress Report;
c. After Operation Report;
d. Final Report after the case is filed before the prosecutor’s
office/court; and
e. Accomplishment Report.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 10: Procedure in the Release of Crime Scene
a. Ensure that appropriate inventory has been made;
b. Release is accomplished only after completion of the final
survey and proper documentation of evidence, witness/es,
victim/s and suspect/s; and
c. If the crime scene is within a private property, the same must
be released to the lawful owner witnessed by any barangay
official. In case of government facility, it should be released to
the administrator.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN
INVESTIGATION
Protocol 11: Follow-up of
Case
◼ The investigator shall
conduct police operation to
identify and apprehend
suspect/s based on the results
of the initial investigation
conducted.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 12: Preparation of Case Investigation Plan
(CIPLAN)
◼ The conduct of police operation involving sensational
cases, high profile and heinous crimes must be covered
by Case Investigation Plan.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 13: Attendance to
Court Duties
◼ The investigator-on-case and
arresting officers shall endeavor to
ensure their attendance during
court hearings while COPs/Heads
of Units shall supervise and ensure
the attendance of witness/es.
 GENERAL PRINCIPLES OF INVESTIGATION
(PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011)

PROTOCOLS IN INVESTIGATION
Protocol 14: Uniform of the
Investigator
◼ Prescribed uniform should be
worn by investigators when
conducting investigation so as to
identify them as PNP personnel.
 TOOLS OF AN INVESTIGATOR IN GATHERING
FACTS

a. Information – Data gathered by an investigator from

other persons including the victim himself and from:
1) Public records; Private records; and
2) Modus Operandi file.
a. Interview/Interrogation – Skillful questioning of
witnesses and suspects.
b. Instrumentation – Scientific examination of real
evidence, application of instrument and methods of the
physical sciences in detecting crime.
PHASES OF INVESTIGATIONS
 PHASES OF INVESTIGATIONS

The main objective of a police investigator is to gather all

facts in order to:
Phase I: Identify the suspect/s
Through:
1) confession;
2) eyewitness testimony,
3) circumstantial evidence; and
4) associate evidence;
 PHASES OF INVESTIGATIONS

Phase II: Locate and apprehend suspect/s; and

 PHASES OF INVESTIGATIONS

Phase III: Gather and provide evidence to establish

the guilt of the accused.
In proving the guilt of the accused in court, the fact of the
existence of the crime must be established; the accused must
be identified and associated with the crime scene; competent
and credible witnesses must be available; and the physical
evidence must be appropriately identified. The investigator
must know by heart the elements of a specific crime.
 STANDARD METHODS OF RECORDING INVESTIGATIVE DATA

a) Photographs;
 STANDARD METHODS OF RECORDING INVESTIGATIVE DATA

a) Sketching crime scenes;

b) Written notes (what you have seen or observed);
c) Developing and lifting fingerprints found at the crime
scene;
d) Gathering physical evidence;
e) Plaster cast;
f) Tape recording of sounds;
g) Video tape recording of objects; and
h) Written statements of subject(s) and witnesses.
 STANDARD METHODS OF RECORDING INVESTIGATIVE DATA

a) Written notes (what you have seen or observed);

b) Developing and lifting fingerprints found at the crime
scene;
c) Gathering physical evidence;
d) Plaster cast;
e) Tape recording of sounds;
f) Video tape recording of objects; and
g) Written statements of subject(s) and witnesses.
 STANDARD METHODS OF RECORDING INVESTIGATIVE DATA

a) Developing and lifting fingerprints found at the crime

scene;
b) Gathering physical evidence;
c) Plaster cast;
d) Tape recording of sounds;
e) Video tape recording of objects; and
f) Written statements of subject(s) and witnesses.
 STANDARD METHODS OF RECORDING INVESTIGATIVE DATA

a) Gathering physical evidence;

b) Plaster cast;
c) Tape recording of sounds;
d) Video tape recording of objects; and
e) Written statements of subject(s) and witnesses.
 STANDARD METHODS OF RECORDING INVESTIGATIVE DATA

a) Plaster cast;
b) Tape recording of sounds;
c) Video tape recording of objects; and
d) Written statements of subject(s) and witnesses.
 STANDARD METHODS OF RECORDING INVESTIGATIVE DATA

a) Tape recording of sounds;

b) Video tape recording of objects; and
c) Written statements of subject(s) and witnesses.
◼ End of topic

◼ Thank you and have a good day!