UNIT I.

Preliminaries
LESSON 1
Definition of Terms
1. Special crime- investigation requires investigating unique cases that require specialized
training and familiarity with criminal laws.
2. Crime- an action or omission that constitutes an offense that may be prosecuted by the
state and is punishable by law.
3. Special Crime Investigation- It is a special study of modern techniques in the
investigation of serious and specific crime. This focus on specific crimes which by their
nature are difficult and complex to investigate. The following are some examples of cases
subject to special crime investigation.
4. Investigation- is an inquiry, judicial or otherwise for the collection of facts concerning
matter/matters involved.
5. Interviews- can be unstructured, free-wheeling, and open-ended conversations without a
predetermined plan or prearranged questions.
6. Interviewees describe themselves and aim to explain why they're the ideal candidate for
a position.
7. Interviewers- however, represent their employer or client and try to ask good questions
to identify the best candidates for roles.
8. Interrogation- the action of interrogating or the process of being interrogated.
9. person who questions someone closely, aggressively, or formally.
10. Interrogee- is a person who is being questioned or interrogated. It is a term used to
describe someone who is being asked questions in order to obtain information or to

LESSON 2
Kinds of Criminal Investigation
1. Investigation while the suspect is under arrest and detention.
2. Investigation while the suspect is "at large."
Person at large and fugitive from justice. Legally, at large is not synonymous to fugitive
from justice, the former not being a wanted person before the eyes of the law, and therefore
cannot be lawfully arrested without a warrant. The latter is necessarily an escapee from detention
or an escaped prisoner while serving sentence by virtue of a final judgment rendered by a court
of competent jurisdiction that can be legally arrested without the necessity of a warrant of arrest.

LESSON 3
Phases of Special Crime Investigation

1. Preliminary investigation is an inquiry or proceeding to determine whether there is

sufficient ground to engender a well-founded belief that a crime has been committed and
the respondent is probably guilty thereof, and should be held for trial. (Revised rules of
Criminal Procedure Rule 112.)
 2. In depth Investigation.– In-depth investigations refer to thorough examinations or
explorations that aim to uncover detailed information about a particular subject.
3. The concluding investigation- After the body of your investigation report, your final step
is to summarise your findings into a conclusion. Here, you should restate the standard of
proof, set out the findings of fact required to reach the conclusion, and state the
conclusion with reference to the standard of proof.

LESSON 4
Goals of Criminal Investigation
Generally, the goals of criminal investigation are the following:
1. To determine whether a crime has been committed;
2. To legally obtain information or evidence;
3. To identify persons involved in the crime;
4. To arrest suspects ;
5. To recover stolen properties;
6. To present the best possible case to the prosecutor

LESSON 5
Modes of Investigation
1. Reactive Mode- Reactive Mode of investigation addresses crimes that already happened
or occurred.
2. Proactive Mode- Proactive Mode of investigation identifies and arrest suspects before
crime will happen. It was designed to catch a criminal in the act of committing a crime
rather than waiting until a crime is reported by a concerned citizen.

LESSON 6
Specialized Crime Investigation
Special Crime Investigation (defined) 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 the application of special investigative technique

LESSON 7
Arrest (Rule 113)

Section 1. Definition of arrest. — Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense. (1)

Section 2. Arrest; how made. — An arrest is made by an actual restraint of a person to be

arrested, or by his submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall not
be subject to a greater restraint than is necessary for his detention. (2a)

Section 3. Duty of arresting officer. — It shall be the duty of the officer executing the warrant to
arrest the accused and to deliver him to the nearest police station or jail without unnecessary
delay. (3a)

Section 4. Execution of warrant. — The head of the office to whom the warrant of arrest was
delivered for execution shall cause the warrant to be executed within ten (10) days from its
receipt. Within ten (10) days after the expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall state the reasons therefor. (4a)

Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may,
without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;

(b) When an offense has just been committed, and he has probable cause to believe based
on personal knowledge of facts or circumstances that the person to be arrested has
committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one confinement
to another.

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in
accordance with section 7 of Rule 112. (5a)

Section 6. Time of making arrest. — An arrest may be made on any day and at any time of the
day or night. (6)

Section 7. Method of arrest by officer by virtue of warrant. — When making an arrest by virtue
of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and of the
fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before
the officer has opportunity to so inform him, or when the giving of such information will imperil
the arrest. The officer need not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as
practicable. (7a)

Section 8. Method of arrest by officer without warrant. — When making an arrest without a
warrant, the officer shall inform the person to be arrested of his authority and the cause of the
arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately
after its commission, has escaped, flees or forcibly resists before the officer has opportunity so to
inform him, or when the giving of such information will imperil the arrest. (8a)

Section 9. Method of arrest by private person. — When making an arrest, a private person shall
inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the
latter is either engaged in the commission of an offense, is pursued immediately after its
commission, or has escaped, flees, or forcibly resists before the person making the arrest has
opportunity to so inform him, or when the giving of such information will imperil the arrest. (9a)

Section 10. Officer may summon assistance. — An officer making a lawful arrest may orally
summon as many persons as he deems necessary to assist him in effecting the arrest. Every
person so summoned by an officer shall assist him in effecting the arrest when he can render
such assistance without detriment to himself. (10a)

Section 11. Right of officer to break into building or enclosure. — An officer, in order to make
an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break
into any building or enclosure where the person to be arrested is or is reasonably believed to be,
if he is refused admittance thereto, after announcing his authority and purpose. (11a)

Section 12. Right to break out from building or enclosure. — Whenever an officer has entered
the building or enclosure in accordance with the preceding section, he may break out therefrom
when necessary to liberate himself. (12a)

Section 13. Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued,
any person may immediately pursue or retake him without a warrant at any time and in any place
within the Philippines. (13)

Section 14. Right of attorney or relative to visit person arrested. — Any member of the
Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have
the right to visit and confer privately with such person in the jail or any other place of custody at
any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested
can also exercise the same right. (14a)

LESSON 8
Search and seizure (Rule 126)

Section 1. Search warrant defined. — A search warrant is an order in writing issued in the name
of the People of the Philippines, signed by a judge and directed to a peace officer, commanding
him to search for personal property described therein and bring it before the court. (1)

Section 2. Court where application for search warrant shall be filed. — An application for search
warrant shall be filed with the following:

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

 b) 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.

However, if the criminal action has already been filed, the application shall only be made in the
court where the criminal action is pending. (n)

Section 3. Personal property to be seized. — A search warrant may be issued for the search and
seizure of personal property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or

(c) Used or intended to be used as the means of committing an offense. (2a)

Section 4. Requisites for issuing search warrant. — A search warrant shall not issue except upon
probable cause in connection with one specific offense to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the things to be seized which
may be anywhere in the Philippines. (3a)

Section 5. Examination of complainant; record. — The judge must, before issuing the warrant,
personally examine in the form of searching questions and answers, in writing and under oath,
the complainant and the witnesses he may produce on facts personally known to them and attach
to the record their sworn statements, together with the affidavits submitted. (4a)

Section 6. Issuance and form of search warrant. — If the judge is satisfied of the existence of
facts upon which the application is based or that there is probable cause to believe that they exist,
he shall issue the warrant, which must be substantially in the form prescribed by these Rules.
(5a)

Section 7. Right to break door or window to effect search. — The officer, if refused admittance
to the place of directed search after giving notice of his purpose and authority, may break open
any outer or inner door or window of a house or any part of a house or anything therein to
execute the warrant or liberate himself or any person lawfully aiding him when unlawfully
detained therein. (6)

Section 8. Search of house, room, or premise to be made in presence of two witnesses. — No

search of a house, room, or any other premise shall be made except in the presence of the lawful
occupant thereof or any member of his family or in the absence of the latter, two witnesses of
sufficient age and discretion residing in the same locality. (7a)

Section 9. Time of making search. — The warrant must direct that it be served in the day time,
unless the affidavit asserts that the property is on the person or in the place ordered to be
searched, in which case a direction may be inserted that it be served at any time of the day or
night. (8)

Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days from
its date. Thereafter it shall be void. (9a)

Section 11. Receipt for the property seized. — The officer seizing property under the warrant
must give a detailed receipt for the same to the lawful occupant of the premises in whose
presence the search and seizure were made, or in the absence of such occupant, must, in the
presence of at least two witnesses of sufficient age and discretion residing in the same locality,
leave a receipt in the place in which he found the seized property. (10a)

Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon.
— (a) 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.

(b) Ten (10) days after 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 to explain why no return was made. If the return has been made,
the judge shall ascertain whether section 11 of this Rule has been complained with and
shall require that the property seized be delivered to him. The judge shall see to it that
subsection (a) hereof has been complied with.

(c) The return on the search warrant shall be filed and kept by the custodian of the log
book on search warrants who shall enter therein the date of the return, the result, and
other actions of the judge.

A violation of this section shall constitute contempt of court.(11a)

Section 13. Search incident to lawful arrest. — A person lawfully arrested may be searched for
dangerous weapons or anything which may have been used or constitute proof in the commission
of an offense without a search warrant. (12a)

Section 14. Motion to quash a search warrant or to suppress evidence; where to file. — A motion
to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted
upon only by the court where the action has been instituted. If no criminal action has been
instituted, the motion may be filed in and resolved by the court that issued the search warrant.
However, if such court failed to resolve the motion and a criminal case is subsequent filed in
another court, the motion shall be resolved by the latter court. (n)

LESSON 9
Raid
● a surprise invasion of a building or area.
● a small scale attack of a limited territory.
 ● 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 believed to be guilty of a felony when
it is known that the felony has just been committed.

Purposes of Raid
1. To effect apprehension
2. To obtain evidence of illegal activity by surprising the offenders (Inflagrante Delicto)
3. To recover stolen property.

Elements of Effective Raid

1. size of raiding party
2. Speed
3. Simplicity of plan and operation
4. Superiority of arms
5. Surprise

Qualifications of Raid Team

1. Good Judgment
2. Tactfulness
3. Has leadership ability
4. Coolness and stability
5. Experience
6. Steady nerves and mental stability
7. Discipline
Composition of a Raid Team
1. Raid commander
2. Assistant raid commander
3. Covering or surrounding party. Duties are:
a. Covers the approach of going-in detail or entering party.
b. Prevents the escape of criminals
c. Covers the entire area of the building
d. Neutralizes fire of barricaded criminals
4. Going-in detail or entering party. Duties are.
a. Calls for the surrender of criminals
b. Incapacitates and dislodge criminals.
c. Effects arrests of criminals.
d. Search for pieces of evidence.
5. In charge of raiding vehicle
6. In charge of rendering inoperative to the subject's vehicle if any
7. Recorder who should keep log of the raid, gather evidence, make Inventories and testify
in court, and
8. Photographer
Don'ts of raid
 1. Don't take unnecessary chances.
2. Don't underestimate the ability or courage of the subject.
3. Don't raid when not properly prepared.
4. Don't endanger the lives of bystander
5. Don't use raiders that are not well-acquainted with each other
6. Don't forget gas mask when employing tear gas
7. Don't make unnecessary rough on the subject(s)
8. Don't shoot to kill unless very imperative
9. Don't touch the evidence unless seen by witnesses, or by the owner of occupant of the place

LESSON 10
Custodial Investigation (R.A. 7438)
RA 7438- An act defining certain rights of person arrested, detained or under custodial investigation as
well as the duties of the arresting, detaining and investigating officers, and providing penalties for
violations thereof

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

Public Officers. –

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

(b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform
the latter, in a language known to and understood by him, of his rights to remain silent
and to have competent and independent counsel, preferably of his own choice, who shall
at all times be allowed to confer privately with the person arrested, detained or under
custodial investigation. If such person cannot afford the services of his own counsel, he
must be provided with a competent and independent counsel by the investigating
officer.lawphi1Ÿ

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

(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel
or in the latter's absence, upon a valid waiver, and in the presence of any of the parents,
elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.
 (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by
such person in the presence of his counsel; otherwise the waiver shall be null and void
and of no effect.

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

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

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected
by the case, those charged with conducting preliminary investigation or those charged with the
prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is
chargeable with light felonies;lawphi1©alf

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot pay
such fee, the province comprising such municipality or city shall pay the fee: Provided,
That the Municipal or City Treasurer must certify that no funds are available to pay the
fees of assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected
person can only be detained by the investigating officer in accordance with the provisions of
Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of his
right to remain silent and to have competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual
absolute disqualification shall also be imposed upon the investigating officer who has been
previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting
upon orders of such investigating officer or in his place, who fails to provide a competent
and independent counsel to a person arrested, detained or under custodial investigation
for the commission of an offense if the latter cannot afford the services of his own
counsel.

(b) Any person who obstructs, prevents or prohibits 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 him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, or
from examining and treating him, or from ministering to his spiritual needs, at any hour
of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not
less than four (4) years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).lawphi1©

Approved: April 27, 1992.lawphi1Ÿ

UNIT II. The Art of Obtaining Information
LESSON 1
Interview and Interrogation Distinction
Interview
1. It is a simple questioning of a person who cooperates with the investigator.
2. Witnesses voluntarily gives their accounts about the commission of a crime.
3. It is non-accusatory.
4. It is free flowing.
5. Suspect speaks 95% of the time.
6. It could be done varied locations.
7. Writing consistent. is okay if consistent
8. Miranda Warning is not legally required.
9. It takes approximately 30 minutes.
Interrogation
1. Questioning somebody closely, often in an aggressive manner.
2. It involves skillful questioning of hostile witness and suspects.
3. It is accusatory.
4. It is structured.
5. Suspect speaks 5% of the time.
6. Interrogator has "home field" advantage.
7. No writing until after suspect confesses.
8. Miranda Warning may be legally required.
9. It has no time limit.
10. Interrogation applies to an uncooperative or reluctant witness.
11. The purpose is to obtain admission or confession.

LESSON 2
Interrogation Techniques
1. Emotional Appeal. This is a technique where the investigator, combining the skills of an actor
and a psychologist, addresses the suspect with an emotional appeal to confess. This is applicable
to first time offenders or those who are of the emotional type of characteristics displayed by
nervousness or emotional disturbances.
2. Sympathetic Approach. The investigator, in his preliminary or probing questions must dig
deep into the past troubles, plight and unfortunate events in the life of the suspect. An offer of
help, kindness, friendliness, may win his cooperation.
3. Friendliness. It refers to a friendly approach coupled with a posture of sincerity, this may
induce the suspect to confess.
4. Trick and Bluff Techniques. The kinds of tricks and bluffs are:
a. Pretense of Solid Evidence. The Investigator bluffs the suspect that even if he will not confess,
there is enough evidence to send him to jail. If he will confess, the investigator will see to it that
his 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 companions had already confessed.
c. Drama. The weakest link maybe used to fake pain and agony by ordering him to shout,
accompanied by banging a chair 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 their partner had
confessed.
d. Feigning Contact with Family Members. The suspect could be tricked that the prober had gone
to the family members had supplied facts against the suspect. The suspect's 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 but they 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 is identified by
several complainants or 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
5. Stern Approach. The investigator displays a stern (demands immediate response) personality
towards the suspect by using the following methods
a. Jolting. In the questioning process, the investigator selects the right moment to shout a
pertinent question in an apparent righteous outrage The suspect's nerves will break to a
confession.
b. Opportunity to Lie. The suspect is given all the opportunities to lie The suspect is questioned
about his personal life, family, friends and his knowledge about the complainant and witnesses.
Then the suspect is questioned about his activity prior, during and after the commission of the
crime. This is repeated many times, to include the investigator focusing his questions about the
knowledge of the suspect of the crime. The suspect will be enmeshed in contradictions, which is
now capitalized by the investigator to get the truth from the suspect.
c. Mutt and Jeff or Sweet and Sour Method. The first set of investigators must appear to be rough
(dangerous). When they had finished the interrogation. the second investigator intervenes by
stopping the first set of investigators. By being sympathetic and understanding, he begins his
interrogation. If the suspect still refuses to cooperate, then the process is repeated until there is a
confession.
d. 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 the Filipino's way of life that we put our trust and
confidence to those who belong to our clan or tribe.
e. Searching for the Soft Spot. In every man's heart, there is always that softest spot. It may be
the youngest child, the wife, the mother, and the brother who acted as his father, the grandparents
or the best friend. Once discovered, there must be a face-to-face meeting with that special person
and that heart of steel will melt to pieces.
6. 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 a necessity rather than
by purpose or design. Robbery is maybe a necessity to feed a starving family.
7. Projection. It is the act of putting the blame to other persons, not alone to the suspect. The
murderer may blame the mastermind for corrupting him with big sums of money, or the
mastermind blaming the greediness of the victim or the husband blaming the wife for her
infidelity.
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 it 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.

LESSON 3
Types of Subjects under Interrogation

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 be with their level of intelligence and
by interrogation.

2. Disinterested Type - this refer to an uncooperative and indifferent subject. To deal with them
is to find out their field of interest so that they will talk. Their indifference should be demolished
to arouse their interest or be flattered.
3. The Drunken Type- the type 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 about his disclosures while in the state of drunkenness. The written
statement must be taken during his 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 the truthful and cooperative witness where the investigator could rely
upon, with little or no problem in handling them.

6. Deceitful Witness - This is a liar type of witness. Let him lie and order him to repeat several
times their narration. He will be enmeshed in contradictions. If possible, the lies must be tape
recorded for the confrontation about his contradiction. Pressure him for possible cases of perjury
or obstruction of justice and he will tell the truth.

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

8. Reluctant Witness - this is the most difficult subject to deal with. Find out the reasons oh his
personality such as trauma, shock, fear, hatred and others. Remove these fetters of silence and he
will start talking.

TYPES OF SUBJECTS (Offenders)

1. EMOTIONAL OFFENDERS They have a greater sense of morality. They easily feel remorse
over what they have done. The best approach in interrogating this type of offender is the
SYMPATHETIC APPROACH.

2. NON-EMOTIONAL OFFENDER They normally do not feel any guilt, so the best way to
interrogate them is through the factual analysis approach that is, by reasoning with the subject
and letting him know that his guilt has already been, or will soon be, established

LESSON 4
Admission and Confession
If the rights stated in the preceding question are not complied with by the investigating
officer, any admission, confession, or any other evidence obtained during the investigation is
inadmissible in any proceeding. This is known as the Doctrine of the Fruit of Poisonous Tree.
This doctrine states that any evidence illegally obtained is not admissible in any proceeding.
 In addition to the non-admissibility of the evidence obtained, the investigating policeman
may also be charged criminally, administratively, and/or civilly. (RA 7438; Gacayan, 2005, &
Reyes, 2008)

If the investigating official is not a policeman, is there a need for him to state the rights of
persons under investigation for the commission of an offense?
If the investigating official is not a policeman, there is no need to state the rights of
persons under investigation for the commission of an offense. These rights are being informed to
the persons being investigated only if the investigating person is a law enforcer. (Fianza, 2005)
What is the difference between confession and admission?
Confession is the direct acknowledgment of guilt, while admission is the indirect
acknowledgement of guilt.
Illustration of confession:
The accused was charged with homicide. During trial, he acknowledged that he was the
one who killed the victim.
Illustration of admission:
The accused was charged with homicide. During trial, he acknowledged that he owns the
murder weapon but did not acknowledge that he was the one who committed the crime. To
acknowledge ownership of the murder weapon is an indirect acknowledgment of guilt because
an owner of the weapons used in committing the crime is presumed to be the perpetrator.
(Gacayan, 2005)

Take Note: Confession and admission have two kinds and they are the following:
a. Judicial confessions/admissions; and
Judicial confessions/admissions are those done in open court in the presence of the judge.

Judicial admissions. An admission, verbal or written, made by the party in the course of the
proceedings in the same case, does not require proof. The admission may be contradicted only by
showing that it was made through palpable mistake or that no such admission was made.
a. Prior to 1936 the only test for the validity and admissibility of a confession or admission was
its voluntariness.
b. The Free-and-Voluntary Rule. The first notable incidence of Supreme Court intervention into
interrogation practices came about in Brown v. Mississippi. In this 1936 case, the Supreme Court
held that under no circumstances could a confession be considered freely and voluntarily given
when it was obtained as a result of physical brutality and violence inflicted by law enforcement
officials on the accused.
c. The Delay-in-Arraignment Rule. In 1943 the Supreme Court delivered another decision
concerning the admissibility of confessions.

LESSON 5
Extra-Judicial Confession and Extra-Judicial Admission
b. Extrajudicial confessions/admissions.
Extra-judicial confessions/admissions are those made outside trial. It must be stressed
further that the facts judicially confessed/admitted need not be proved, while those done
outside trial must be proved. (Fianza, 2005)

LESSON 6
Legal Requirements of Admission and Confession
RULE 128
General Provisions
Section 1. Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining
in a judicial proceeding the truth respecting a matter of fact. (1)
Section 2. Scope. — The rules of evidence shall be the same in all courts and in all trials and
hearings, except as otherwise provided by law or these rules. (2a)
Section 3. Admissibility of evidence. — Evidence is admissible when it is relevant to the issue
and is not excluded by the law of these rules. (3a)
Section 4. Relevancy; collateral matters. — Evidence must have such a relation to the fact in
issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not
be allowed, except when it tends in any reasonable degree to establish the probability or
improbability of the fact in issue. (4a)

LESSON 7
Legal Requirements of Extra-Judicial Confession and Extra-Judicial Admission
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall
be inadmissible as evidence in any proceeding.
LESSON 8
Principles of Dying Declaration
A dying declaration is considered credible and trustworthy evidence based upon the
general belief that most people who know that they are about to die do not lie. As a result, it is an
exception to the Hearsay rule, which prohibits the use of a statement made by someone other
than the person who repeats it while testifying during a trial, because of its inherent
untrustworthiness
 If the person who made the dying declaration had the slightest hope of recovery, no
matter how unreasonable, the statement is not admissible into evidence. A person who makes a
dying declaration must, however, be competent at the time he or she makes a statement,
otherwise, it is inadmissible. A dying declaration is usually introduced by the prosecution, but
can be used on behalf of the accused. As a general rule courts refuse to admit dying declarations
in civil cases, even those for Wrongful Death, or in criminal actions for crimes other than the
Homicide of the decedent
Requisites of a "Dying Declaration"
The following are the requisites of a Dying declaration:
1. That death is imminent and the declarant is conscious of the fact
2. That the declaration refers to the cause and circumstances of such death;
3. That the declaration relates to facts which the victim is competent to testify to, and
4. That the declaration offered in a case wherein the declarant's death is the subject of the
inquiry.