Chapter II a) A certification by the filing Prosecutor

that he is filing the same in accordance

with the provisions of Section 7, Rule
Warrant of Arrest is an order in writing
issued in the name of the People of the
Philippines; signed by a judge and directed to
Arrest, Search and Seizure 112, Rules on Criminal Procedure, in a peace officer, commanding him to arrest the
The term "arrest" came from the Latin cases cognizable by the Regional Trial person designated and take him into custody
word "arrestare" which means "cause to stop" Court; of the law in order that he may be bound to
and "restare" which means "stay behind". b) The full name and aliases, if any, and answer for the commission of an offense.
These terms were used as early as during the address of the accused; Richard Doe/ John (Jane) Doe Warrant- is
14th century. c) The place where the accused is actually a warrant containing no specific person to be
On the other hand, the word search was detained; arrested but only descriptions based from the
derived from the Anglo-Norman word d) The full names and addresses of the testimonies of the victim/s or the
"searcher," Old French cerchier which means complainant and witnesses; witnesses/es. It contains the physical
e) A detailed description of the recovered description of the accused as well as other
"to explore," Latin word "circare" which
items. If any: factors to be considered for the identification
means "go around in circles." f) The full name and address of the of the accused (Sadili & Pena, 1998).
Complaint and Information; evidence custodian;
Complaint is a sworn written statement g) The age and date of birth of the Warrant Officer is any authorized member
charging a person or a group of persons of an complainant or the accused, if eighteen (18) from the law enforcement agency usually from
offense that is subscribed by the offended party years of age or below; and the Philippine National Police (PNP) or
such as the victim/s of the offense committed, h) The full names and addresses of the National Bureau of Investigation (NBI) who
or any other peace officer charged with the parents, custodians or guardians of the holds a warrant for execution within 10 days
enforcement of the law violated. minor complainant or accused, as the case from receipt subject to renewal in case of
Information is an accusation in writing may be. failure to execute the same.
charging a person or a group of persons of an Arrest Defined Alias Warrant refers to the warrant of arrest
offense that is subscribed by the prosecutor or Arrest is the actual taking of a person or issued by a judge to the peace officer after
fiscal. It is substantiated on oath and includes persons into custody by an authority in order returning the original warrant of arrest after
that he/they may be bound to answer for the the lapse of the 10-day validity period.
the name of the party, the offense committed, commission of an offense. When a warrant of arrest not necessary;
facts of the offense and other factors relevant. General rule; no one can arrest a person 1. When the accused is already in
Contents of Information. -The information unless with a valid warrant of arrest. detention
shall, among others contain;

1
 2. When the accused was arrested by The Basic Principle of Warrant of Arrest language known to the subject except
virtue of a lawful arrest without 1. Issued by the judge to a peace officer when he flees or forcibly resist.
warrant and commanding him to arrest a person 3. The officer must present the warrant
3. When the penalty is of a fine only stated therein. to the person arrested, incase that he did
4. Those covered by a summary 2. It is enforceable within the Philippine not bring with him at the time of arrest,
procedure territory at anytime of the day or night. he shall be shown to him as soon as
Procedure when arrest is made; 3. Arresting officer must inform the practicable.
1. Secure the person arrested (handcuff person to be arrested of the cause of the 4. No torture, force or violence or any
at the back) arrest. other means which vitiate the free will of
a. Conduct thorough search for weapons 4. Arrest is made by actual restraint of the arrested person
and other illegal materials the person to be arrested or by his Summoning Assistance for the Arrest. Any
b. Inform the arrested person of his right submission to the custody of the person officer making a lawful arrest may verbally
2. Use reasonable force in making arrest making the arrest. summon as many person as he deems necessary
a. Confiscated evidence shall be properly 5. No specific expiration, but within 10 to aid him in making the arrest. Every person
documented days of its receipt the officer shall submit so summoned shall aid him in the making of
b. Bring the arrested person to the a progress report to the issuing judge. such arrest, when he can render such aid
nearest accredited hospital for medical 6. Warrant of arrest is still valid if the without detriment to himself.
examination suspect is not yet arrested unless the
c. Bring the arrested person to the police court denounce its validity. Right of Attorney or Relative to Visit
station for documentation. Duties of arresting officer; Person Arrested. Any member of the bar
Medical Examination of Arrested Person/ 1. It shall be the duty of the officer shall, at the request of the person arrested or
Suspect. executing the warrant without of another on his behalf, have the right to visit
Immediately after the arrest of a person necessary delay to arrest the accused and confer privately with such person, in jail or
ordered arrested by the court, or of a suspect and to deliver him to the nearest any other place of the custody at any hour of
under investigation, he should be subjected to police station. the day or, in urgent cases, of the night. This
a medical examination. Prior to his release or 2. During arrest, with or without right shall be exercised by any relative of the
any change of custody, the suspect should also warrant, It shall be the duty of arresting person arrested subject to reasonable
be medically examined by a medico-legal officer to inform the person to be regulation. [Sec. 14, Rule 113.]
officer or, in the absence of such medico-legal arrested of the cause of the arrest or his Executive Order No. 155, dated 30,
officer, by any government physician in the constitutional rights in dialect or March 1987, amending republic Act No. 857,
area. penalizes any public officer who deprives a
2
person of his right to counsel. The penalty (a) the failure to acquire jurisdiction over 4. When the right is validly waived. This
shall be prison correctional or imprisonment of the person of an accused; is when the person arrested consented to
6 months and 1 day to 6 years. (b) criminal liability of law enforcers for the arrest, despite of no warrant showed,
illegal arrest; and the person is willing to be taken into
WHAT IS CUSTODIAL (c) any search incident to the arrest custody.
INVESTIGATION? becomes invalid thus rendering the The Inquest
It is the term to denote the investigation evidence acquired as constitutionally Inquest is an informal and summary
conducted by the investigator on the suspect inadmissible. investigation conducted by a public prosecutor
who is under police custody. This is the stage in criminal cases involving persons arrested
of the investigation where there is strict INSTANCES OF WARRANTLESS and detained without the benefit of a warrant
observance of the Miranda Doctrine. ARREST, this is known as citizen's arrest of arrest issued by the court for the purpose of
1. When, in his (peace officer) presence, the determining whether or not said persons
THE RIGHTS OF THE ACCUSED person to be arrested has committed, is should remain under custody and
DURING INVESTIGATION actually committing, or is attempting to correspondingly be charged in court.
CUSTODIAL commit an offense.
a. Right to remain silent. In people vs. Sucro, it was held that when a SEARCH AND SEIZURE
b. Right to counsel of his own choice and police officer sees the offense, although at a Search Defined
if he has none, the government must distance, or hears the disturbance created Search is an examination of an individual's
provide one for him; thereby, and proceeds at once to the scene person, house, papers or effect, or other
c. Right to be informed of the nature of thereof, he may effect an arrest without a buildings and premises to discover contraband
the accusation. warrant. The offense is deemed committed or some evidence of guilt to be used in the
in the presence or within the view of the prosecution of a criminal action.
These rights COULD BE VALIDLY officer. General rule; any police officer cannot search
WAIVED IN WRITING AND WITH THE 2. When an offense has just been
unless there is a valid search warrant. To be
ASSISTANCE OF COUNSEL in order that committed and he (peace officer) has
the ensuing confession be admissible in probable cause to believe based on valid, probable cause must established.
evidence. The confession must also be in personal knowledge of facts or In People v. Aruta, the Court explained that
writing, signed and sworn to by the accused. circumstances that the person to be the language of the Constitution implies that
The invalidity of an arrest leads to arrested has committed it. "searches and seizures are normally
several consequences among which are: 3. When the person to be arrested is an unreasonable unless authorized by a validly
escapee from jail. issued search warrant or warrant of arrest."

3
Search Warrant is an order in writing issued issuing judge to search during night b) The search must be made at daytime,
in the name of the People of the Philippines, time. unless otherwise stated. [Sec.8, ibid]
signed by the judge and directed to a peace 6. The officer must follow what specified c) The officer seizing the property must
officer commanding him to search for personal in the search warrant to include issue a detailed receipt of the things
property and bring it before the court. property to be seize and its location. seized to the person in whose possession
(House #, room # in hotel, and item to it was found, or in the absence of such
Below are the properties that are subject to be seize). person, he must, in the presence of at
seizure: 7. The officer has the right to break door least one witness, leave such receipt in
1. Subject of the offense; or window to effect search. the place where such things where
2. Stolen or embezzled properties; Nota Bene: there must be a Probable seized. [Sec. 10, ibid.]
3. Proceeds or fruits of the offense; and Cause either warrant of arrest or search i) In compliance with this procedure, it
4. Property used or intended to be used as warrant to be valid. has been standard practice to issue a
means for the commission of an offense. Procedure in executing Search Warrant; RECEIPT FOR PROPERTY SEIZED
The Basic Principle of Search Warrant; A search warrant must be served within after a seizure. The receipt is signed by
1. It shall be issued by the judge directed ten (10) days from its date (thereafter, it the seizing officer only and two
to a peace officer commanding him to shall be void) [Sec. 9, Rule 126] in the witnesses. Recent Supreme Court
search for personal property and bring it following manner: decisions, however, an extrajudicial
before the court. a) The police officer concerned must go confession of the commission of the
2. It has a 10 day validity period upon to the place indicated in the search offense charged. | People de las
receipt of the search warrant. warrant and take the things described Marinas, G.R. No 87215, 30 Apr 91; and
3. The issuing judge must be within the therein, in the presence of at least People v Mauyao, G.R No. 84525, 6 Apr
place where the crime committed, or the competent witness who is a resident of 92]. Consequently, if the accused does
issuing judge must be within the place the neighborhood. If he is refused not sign such receipt, if may still be used
where the property be seize. admittance to the place of search after in evidence. Moreover, of the accused
4. In enforcing the search warrant, the giving notice of his purpose and DID in fact sign of receipt, but he signed
officer must observe the two witness authority, he may force himself in to it with the assistance of a lawyer of his
rule in the process of search. execute the warrant; and if he is detained choice. That act would constitute a valid
5. As general rule; it is only enforceable herein, he may force himself out to waiver of his right against self-
at day time, except as provided by the liberate himself. [Sec.6, ibid) incrimination.
4
(ii) It must be noted that in the cases e) Thereafter, the officer must a warrant of arrest should only be issued in
cited above, the crime charged is immediately deliver the things or connection with one specific offense.
possession of prohibited drugs. Thus, property seized to the judge who issued
the signature of an accused on the the warrant, together with an inventory POLICE OFFICERS APPLIED FOR A
receipt is a declaration against interest duly verified under oath. [Sec. 11, ibid.] WARRANT TO SEARCH DOOR #1 OF
and a tacit admission of the crime AN APARTMENT COMPLEX. THE
charged, as mere unexplained possession
IS IT NECESSARY THAT THE PERSON COURT ISSUED THE WARRANT.
o prohibited drugs is punishable. The
doctrine is therefore not a hard and fast NAMED IN THE SEARCH WARRANT BE WHEN THEY WENT TO THE
rule as far as the "Receipt for Property THE OWNER OF THE THINGS TO BE APARTMENT COMPLEX, THEY
Seized" is concerned. If the crime SEIZED? REALIZED THAT WHAT THEY
charged is possession of unlicensed fire ➢ No, ownership is of no consequence. THOUGHT WAS DOOR #1 WAS
arms. For example, the doctrine would ➢ What is relevant is that the property ACTUALLYDOOR #7. CAN THEY
apply. In other cases, it will not apply. is connected to an offense. SEARCH DOOR #7?
(iii) Another document which is made ➢ No, what is controlling is what is
after search is a CERTIFICALTION A WARRANT WAS ISSUED FOR THE stated in the warrant, and not what
OF PROPERTY SEIZED. This is SEIZURE OF DRUGS CONNECTED the peace officers had in mind, even if
signed by the owner of the seized WITH THE VIOLATION OF THE they were the ones who gave it the
property, and would seem to fall more description to the court. >
DANGEROUS DRUGS ACT. IS THE
under the court pronouncement above
than the "Receipt for Property Seized" WARRANT VALID? ➢ This is to prevent abuses in the
does. ➢ The warrant is valid service of search warrants.
d) As much as possible, during the ➢ Although there are many ways of
opening of safes, drawers, cabinets, violating the Dangerous Drugs Act, CAN THE POLICE OFFICER SEIZE
tables, etc, the lifting of the articles it is not a scatter shot warrant since ANYTHING THAT IS NOT INCLUDED
should be done by the owner of the it is in connection with only one IN THE WARRANT?
house or his authorized representative, penal law. ➢ No, anything not included in the
or by immediate members of his family, SCATTER SHOT WARRANT, It is a warrant cannot be seized EXCEPT if
to preclude any suspicion of the theft or warrant of arrest that is issued for more than its mala prohibita, in which case, the
planting of evidence. one offense. It is void for the law requires that

5
 seizure is justified under the plain ➢ In this case, they locked the IF THE ARRESTED PERSON SIGNS
view doctrine. occupants in a room while doing the THE RECEIPT OF THE PROPERTY
➢ Even if the object was related to the search and seizure and used 2 SEIZED WITHOUT THE ASSISTANCE
crime, but it is not mentioned in the witnesses who weren't the occupants OF COUNSEL, IS THE RECEIPT
warrant nor is it mala prohibita, it of the premises. ADMISSIBLE?
still cannot be seized. ➢ No, because it was done without
IF THE WARRANT WAS EXECUTED assistance of counsel
WHAT SHOULD THE POLICE OFFICER
EVEN BEFORE THE EXPIRATION OF
OR COURT TO DO THINGS SEIZED THE 10-DAY PERIOD, CAN THE PEACE INSTANCES OF WARRANTLESS
ILLEGALLY? OFFICER USE THE WARRANT AGAIN SEARCHES
➢ Anything seized illegally must be BEFORE IT EXPIRES? 1. Warrantless search incidental to a
returned to the owner unless it is ➢ No, of the purpose for which it was lawful arrest. A search incidental to a
mala prohibita. In such a case, it issued has already been carried out, lawful arrest requires that there must
should be kept in custodia legis. the warrant cannot be used anymore. first be a lawful arrest before a search is
➢ ➢ The exception is if the search wasn't made. Otherwise stated, a lawful arrest
CHINESEMEN WERE FOUND INSIDE finished within 1 day, the warrant must precede the search; "the process
WHO COULDN'T SPEAK ENGLISH OR can still be used the next day, cannot be reversed”. For there to be a
FILIPINO. THE CHINESE WERE provided it is still within the 10-day lawful arrest, law enforcers must be
period. armed with a valid warrant.
LOCKED INSIDE A ROOM AND TWO Nevertheless, an arrest may also be
WITNESSES WHO WERE NOT effected without a warrant.
WHAT IS THE DUTY OF THE OFFICER
OCCUPANTS WERE USED WHILE ■In Posadas vs. CA, the SC upheld the
AFTER THE PROPERTY SOUGHT
SEARCHING THE HOUSE AND UNDER THE SEARCH WARRANT HAS validity of a search made by police
SEIZING THE PROHIBITED DRUGS. BEEN SEIZED? officers on one who, confronted by the
VALID? ➢ The officer must forthwith deliver police because he was acting
➢ No. the property seized to the judge who suspiciously, ran away.
➢ The two-witness rule can only apply issued the warrant, together with a ■But in People vs. Rodriguez, the arrest
when there is absence of the lawful true inventory thereof duly verified and consequent search of the accused,
occupants of the premises searched. under oath. simply because "he was acting
suspiciously" was held invalid.

6
 on a vehicle at a checkpoint when law reason to stop the man and investigate if
2. WHEN PROHIBITED ARTICLES enforcers have probable cause to believe he was high on drugs.
ARE IN PLAIN VIEW. that the vehicle's passengers committed
Under the plain view doctrine, police a crime or when the vehicle contains In People v. Solayao, the police officers
officers can seize articles or objects instruments of an offense. were conducting an intelligence patrol
which inadvertently come to their view to verify reports on the presence of
without exerting any effort and which 4. A "stop and frisk" search is defined as armed persons within Caibiran. They
object is incriminatory to the accused. "the act of a police officer to stop a met a group of drunk men, one (1) of
Based from decisions of trial courts, the citizen on the street, interrogate him, whom was the accused in a camouflage
doctrine includes the five senses of an and pat him for weapon(s) or uniform. When the police officers
individual to detect violations of law. contraband." Thus, the allowable scope approached, his companions fled leaving
of a "stop and frisk" search is limited to behind the accused who was told not to
The doctrine requires that a police a "protective search of outer clothing for run away. One (1) of the police officers
officer in order to validate the weapons. introduced himself and seized from the
confiscation of an object in plain view accused a firearm wrapped in dry
must have a right to be in that place and In Manalili v. Court of Appeals, the coconut leaves. This Court likewise
whatever objects become obvious or police officers conducted surveillance found justifiable reason to stop and frisk
apparent without obstruction or operations in Caloocan City Cemetery, a the accused when "his companions fled
impairment may be subject to seizure. place reportedly frequented by drug upon seeing the government agents."
addicts. They chanced upon a male
3. SEARCH OF MOVING VEHICLES. person who had "reddish eyes and [was] The "stop and frisk" searches in these
A checkpoint search is a variant of a walking in a swaying manner." two (2) cases were considered valid
search of a moving vehicle. Checkpoints Suspecting that the man was high on because the accused in both cases
per se are not invalid. They are allowed drugs, the police officers approached exhibited overt acts that gave law
in exceptional circumstances to protects him, introduced themselves, and asked enforcers genuine reason to conduct a
the lives of individuals and ensure their him what he was holding. However, the "stop and frisk" search.
safety. man resisted. Upon further
investigation, the police officers found 5. Customs search
The extent of routine inspections must marijuana in the man's possession. This The search involves illegal entry of
be limited to a visual search. However, Court held that the circumstances of the "smuggled goods in our country that
an extensive search may be conducted case gave the police officers justifiable may affect the local businesses especially
7
 the small time businessmen. The search b) The need to handcuff subjects(s).
is usually conducted by the officers and However, in People vs. Barros, the Dangerous and violent criminals, as well
agents of the Bureau of Customs. "silence of the accused" during the as escapees from prisons and escape artists,
warrant less search was not construed as must be handcuffed.
6. Consented Warrantless Search consent.
If the person submitted himself When applying handcuffs, give the
voluntarily to be searched, it is good, as As a component of the right to privacy, the following orders to the subject and follow
there is a search warrant because of the fundamental right against unlawful this procedure:
consent of the person to be searched. searches and seizures is guaranteed by no (i) First Order: "take your right hand off
The consent of the person must not have less than the Constitution. Article III, the wall and place it in your back."
been because of intimidation, threat of Section 2 of the Constitution provides: Fasten the handcuff to this hand and
the person making the search. Thus, the firmly hold the other handcuff.
Supreme Court held that in the cases of: 1. The right of the people to be secure in
their persons, houses, papers, and effects (ii) Second Order: “Move up and put
People vs. Omaweng, the accused while against unreasonable searches and your hand against the wall”. Allow the
driving a vehicle, was stopped at a seizures of whatever nature and for any subject to move closer to the wall,
checkpoint, and when the vehicle was purpose shall be inviolable, and making certain his feet remain back far
inspected, the soldiers asked permission 2. No search warrant or warrant of enough to keep him" off-balance."
to see the contents of a bag which was arrest shall issue except upon probable (iii) Third Order: "Take your other hand
partially covered by a spare tire. The cause to be determined personally by the off the wall and place it on the small of
accused consented, and upon inspection, judge after examination under oath or your back." Fasten the other handcuff
the bag was found to contain marijuana. affirmation of the complainant and the and double-lock both handcuffs.
The SC ruled that there was valid witnesses he may produce, and (iv) Final Order: "Stand up and face the
waiver. 3. Particularly describing the place to be wall" Help the subject in doing this.
searched and the persons or things to be c) Do not stop the search when a weapon
In People vs. Ramos, the SC said that the seized. is found.
evidence for the prosecution clearly Techniques of Searches of Persons d) Look for items which may be used to
disclosed that Ramos voluntarily Arrested. commit suicide
allowed himself to be frisked, and that he a) "Probe," do not "pat" e) Look items of evidence.
gave the gun to the police voluntarily; (A woman operative should be used to f) Searchers should never cross the line
thus, there was a valid waiver. search females.) of fire.
8
 g) Do not talk to subject(s) in the course d. Mechanics in executing the "Wall foot, right with right, left with left,
of the search. Search." anklebone against anklebone;
h) Do not grant subject's request to [1] If there is only one subject, the [11] Remove any object found, then
attend to something before, during and leader of the search should place himself examine the palm of the hand, including
immediately after the search. at one side, while his subordinate is on between fingers.
i) In a search by a single officer, have the the other side; 2. Standing Search
gun ready with the land at a distance [2] To search the other side, the a. Raise subjects hand over his head and
from the subject. subordinate should move to the opposite spread his feet far apart as possible. b.
j) Be sure to search every part of the side; This is not recommended because the
body and clothing. [3] If there are two or three subjects, subject is in the "on- balance" position.
Types of Searches: move one subjects to be searched on the 3. Kneeling Search
1. Wall search- The purpose is to place the wall, but out of reach of the others; a. Subjects kneels on the ground with
subject in an "Off-balance" position requiring [4] Search both sides of subject, the the hands raised over his head.
the use of notch arms and legs to keep him leader conducting the searches and the b. This is also discouraged for the same
from falling to the ground. This is the safest subordinate guarding the other subject; reason as the "standing search."
type of search. It does not necessarily require a [5] Move one subject at a time; 4. Prone Search
wall; any object that can support the weight of [6] Subject's head should be down at all a. Subject lies on his stomach with arms
the subject (such as a car) can be used. The times; and legs outstretched.
procedures are: [7] The subordinate should concentrate b. Subject has both arms and legs free
a. Require subject to place both hands of on the actions of the subject and not the and is at all times in an "on-balance"
the wall slightly higher than his waist. action of the leader; position
Spread hands as far apart as possible. [8] When there are more than three c. Front part of clothing cannot be
Palms should be placed against the wall, subjects, additional personnel should be searched.
fingers extended. summoned; d. This can be extremely dangerous if
b. The subject's feet must be extended [9] In serious apprehensions, the the subject has knowledge of judo.
back away from the wall as far as searcher should hold his weapon in Fruit of Poisonous Tree Doctrine
possible. Spread them far apart as ready position throughout the search; A rule requires that evidence that is
possible, toes pointed out. Buttocks [10]The body must be searched illegally obtained should be excluded from
should not be on an arched position. systematically with the foot of the admission in a criminal proceedings. The
c. The subject's head should be down or searcher placed tightly against subject's purpose behind this doctrine is to deter police
bowed at all times.
9
misconduct that is reckless, deliberately or mobile car, taxi or other means. 5. The
grossly negligent. Time of Arrival= the time of arrival of
the investigating team at the crime
Mugshots and Fingerprints scene should be noted. The situation in
Arresting units shall at all times take the the area should also be noted whether it
mugshots and fingerprints of all arrested is windy, rainy, sunny or any other
persons. Copies thereof shall be submitted to
description of the climate in the
the PNP Crime Laboratory Service to serve as
master file. immediate area.
Crime Scene Simulation INITIAL STEPS IN CRIMINAL
INVESTIGATION
SUGGESTED PROCEDURES OF CRIME 1. Cordon the crime scene.
Chapter III RESPONSE
1. The Means of Reporting =Refers to
2. Identify and retain the person who
first notified the police for questioning.
Basic Elements of the method of reporting the crime 3. Determine the suspect by direct
Investigating Crime Scene whether it reached the station through inquiry or observation.
phone call, personal appearance or 4. Detain all people present at the crime
The Crime Scene others means. scene.
This is the place where the crime is 2. The Time of Report = the exact 5. Safeguard the area by issuing
committed and physical evidence are evident time of the report to include minute appropriate orders.
therein. must be recorded. 6. Permit only authorized persons to
CRIME SCENE is said to be the 3. The Receiver of Report = the enter the area.
"TREASURE ISLAND"
identity of the one who received the 7. Separate the witnesses in order to
report in the station must be properly obtain independent statement.
noted. 8. Do not touch or move any object
4. The Time of Dispatch= The time found in the scene.
when the Desk Officer dispatches the 9. Summon assistance from responsible
investigator/s is also recorded, together persons if necessary.
with the names of the investigator, with 10. The team leader assigns the duties of
the means of transportation, either by the searchers if assistants are present.
10
 1. General View or Long range,
THE GOLDEN RULE IN CRIMINAL taking an over- all view of the
INVESTIGATION scene of the crime. It shows
"Do not touch, alter, move, or transfer direction and location of the crime
any object at the crime scene unless it is scene.
properly marked, measured, sketched and/or 2. Medium View or Mid-range, Is
photographed." The purpose of this rule is to the taking of the photograph of
avoid the mutilation, alteration and the scene of the crime by dividing
contamination (MAC) of the physical it into section. This view will best
evidences found at the crime scene. view the nature of the crime.
THE CRIME SCENE PROCESSING;
Sequential Photographs of the Crime
Before the crime scene be conducted, the
Scene;
investigator shall establish command post for
1. Views of the exterior of the building/
the team to conduct briefing and evidence be in
vehicle in relation to other buildings/
place for proper inventory were chain of
vehicles, roads/ streets, etc.
custody begin.
2. Point of entry and exit outside and
ASSIGNMENT OF DUTIES OF
inside.
RESPONDING OFFICERS
3. Interiors of the crime scene/room.
1. OFFICER-IN-CHARGE/ TEAM 3. Close-up View/ Range, Is the taking of 4. Condition of the crime scene.
LEADER - The one who directs the individual photograph of the evidence at the 5. Area from which valuable articles
processing of the crime scene. scene of the crime. It is design to show the were removed
2. ASSISTANT TEAM LEADER The details of the crime. 6. Articles left at the scene.
one who implements or executes the
7. Trace evidence, such as hairs, fibers,
order/s coming from his/her superiors.
footprints and cigarette butts.
3. PHOTOGRAPHER- Takes
8. Tool marks and impressions of shoes
photograph of all pieces of evidence that
or tire tracks.
are relevant to the crime committed.
9. Fingerprints as well as articles on
Procedure in Photographing the Crime
which these prints may be found.
Scene
11
4. SKETCHER -Make sketches of the 6. EVIDENCE MAN The one in charge in the
immediate, background and inside the scene of collection, preservation, tagging of the articles SOME MATERIALS NEEDED IN
the crime. of evidence found at the crime scene. RESPONDING TO THE SCENE
1. Searching Materials - Examples:
flashlights, magnifier, etc.
2. Sketching Materials - Examples:
chalk, graphing paper, sketching pad,
clipboard, paperboard, pencil/
ballpen, etc.
3. Measuring Materials - measure,
ruler, etc. Examples: compass, tape
measure, recorder, etc.
4. Recording Materials- Examples:
5. MASTER NOTE TAKER-The one who 7. MEASURER - Makes all relevant tape recorder, video recorder, etc.
writes down in short hand all observations at measurements of the scene such as: the 5. Collecting Materials- Examples:
the crime scene such as: weather condition, distance of the body of the victim to the such as cutting fliers, knife, screw
time of dispatch and time of arrival at the crime firearm used; in motor vehicle collision, device, dropper, forceps,
scene and other relevant data that's should be the distances of the two vehicles to the fingerprinting equipment, etc.
taken down note. points of references. 6. Preserving Materials- Examples:
bottles, envelopes, test tubes,
evidence tags/ label, etc.
The Crime Scene Search, this include
a diligent and careful method by the
investigator to recognize, identify and
preserve crime scene to include physical
evidence.

12
 and or Outward Spiral Method = one number (SNs) shall be automatically
searcher (from the center). subjected to macro etching at the
4. Wheel Method This type of Philippine National Police Crime
searching the crime scene is applicable Laboratory (PNP-CL). A corresponding
to areas which are somewhat circular in report to the Firearms and Explosive
size or area. The searchers shall Office (FEO) must be made for
assemble at the center of the crime verification purposes. In the collection,
scene, then simultaneously searching the investigator should touch the
the crime scene outward. evidence only when necessary. 4. Liquid
5. Zone or Sector Method = the area evidences such as blood, mucous, urine
to be searched is divided into quadrants and other body fluid can be collected
and each searcher or a group of searcher using dropper and stored in a sealed
is assigned to the quadrant. container to maintain the same physical
THE MECHANICS OF SEACRHING THE As search is in progress, the investigator nature as found in the crime scene.
CRIME SCENE shall identify pieces of evidence by putting a However, clotted blood and other
1. Strip Method =the searchers (A, B tag and for collection purposes. hardened evidences can be collected by
and C) proceed slowly at the same pace 1. Collecting Evidence. This is accomplished scraping with the use of any available
along the path parallel to one side of the after the search is completed, the rough & instrument. Samples are very important
rectangle. At the end of the rectangle, finished sketch and photographs is required. for laboratory testing.
the searchers turn and proceed back Things to consider in collecting of 2. Marking Evidence -As evidence is
along new lanes but parallel to the first evidence; collected, it is individually marked with the
movement. 1. Gloves must wear by the investigator. initials of the investigator. The marking tool
2. Double Strip or Grid Method = is 2. Fragile evidence should be collected depends upon the nature of the evidence. If it
somewhat similar to Strip Method, the as they are found. is a hard object such as metals, the initial are
rectangle is traversed first parallel to the 3. The firearm should be lifted using scratched or engraved by the use of sharp-
bas and then parallel to the side. string or handkerchief in its trigger pointed steel, which is called stylus.
3. Spiral Method = the investigator guard to avoid destruction of possible Methods of Marking Specific Evidence
may proceed Inward Spiral method one latent prints in the firearm. All firearms 2. Revolvers must be marked separately
or two investigators (from the outside) (Fas) found to have tampered serial on the BARREL, FRAME, BUTT,
13
 CYLINDER, and STOCK. Tape revolvers have a counter clockwise measurements aside from what is
should also be put around the bore direction of cylinder rotation. sketched.
and the frame of the gun with Fired Empty Shells, Misfired Cartridges ■Every collected evidence is marked
signature of the investigator. Strictly regulations say they must be through the initial of the investigator. If
3. Pistols must be marked on the marked inside the mouth of fired empty shells. they are of the same class or type such as
BARREL, FRAME, BUTT, It is nearly impossible to mark them inside the Cal 45 caliber fired empty shells, they
MAGAZINE, and STOCK. Tape mouth, especially 22 caliber shells. But they are marked consecutively such as: MJB
must also be put around the gun with could be marked on the side of the body of the 1, MJB 2, MJB 3 and so forth and so on,
signature to avoid changing the parts shells, not on the base. depending on the initials of the
of the gun that may affect the result It should be admitted that there is really investigator.
of laboratory examination. the big difference of what is being practiced in 3. Removal of evidence- The investigator
4. Rifles should be marked ODRASL reality and theoretically written in books. The places his initials, the date and time of
BARREL RIBEME, MAGAZINE, lesson is, for as long as the evidence can be discovery on each item of evidence and the time
and BOLT OR SLIDE. Ali properly marked and kept as evidence. discovery on each items of evidence for proper
magazines and accessories shall also ■ BULLETS/SLUGS/ BALLS A bullet identification. Items that could not be marked
be marked. or slug can be marked on the ogive or should be placed in a suitable container and
5. Revolver Cylinder - Aside from the nose as well as in the base. The initials sealed.
mark on the cylinder, the chamber of the investigators and/or date should 4. Tagging Evidence- Any physical evidence
facing the firing pin must be marked be marked on those parts so that the obtained must be tagged before its submission
as soon as it is opened for riflings (land and grooves) found in the to the evidence custodian.
examination. A drawing must depict bullet or slug will not be disturbed ➢ Evidence which by their nature could
the chamber facing the firing pin, the because they are very important for not be marked on each surface such
respective position of the fired empty laboratory examination. as blood, hairs, fibers, are placed in
shells, misfired or dud cartridges. ■Shotgun balls when collected in the the plastic container where that
The direction of the rotation of the crime scene should also be put into container is then marked, we call
cylinder must also be sketched and container with tag that indicates where such practice as tagging the physical
noted. Colt revolvers have a it was found with some relevant evidence with the use of card where
clockwise direction of rotation of the the initials of the investigator, date
cylinder. Smith and Wesson
14
 and time of collection, specific case 4. Keep each specimen separate from the receiving officer of the laboratory. The
and other information can be written. others so there will be no intermingling receipt must have legible identification of the
5. Evaluation of Evidence. Each item of or missing of known and unknown receiver, together with his signature, time and
evidence must be evaluated in relation to all material. Wrap and seal in individual; date of receipt. If the evidence requires no
the evidences, individually and collectively. packages when necessary. laboratory examination, it must be submitted
6. Preservation of Evidence. It is the 5. Mark or label each piece of evidence to the Evidence Custodian duly receipted.
investigator's responsibility to ensure that for positive identification as the evidence Theory is the imaginative
every precautions is exercised to preserved taken from a particular location in contemplation of reality, direct intellectual
physical evidence in the state in which it was connection with the crime under apprehension, insight or body of
recovered/ obtained until it is released to the investigation. generalizations and principles developed in
evidence custodian. 6. The chain of custody of evidence must association with the practice in a certain field
7. Releasing the Scene. The scene in not be maintained. Account for evidence of activity. Theories serve as bases of the
released until all processing has been from the time it is collected until it is investigator to come up with a lead relevant to
completed. The release should be effected at produced in court. Any break in this the investigation.
the practicable time, particularly when an chain of custody may make the material Field inquiry
activity has been closed or its operations inadmissible as evidence in court. Is the general questioning of all persons
curtailed. Chain of custody refers to the number of at, near or around the crime scene for purposes
The following principles should be persons who handled and possessed the pieces of gathering information about the crime.
observed in handling all types of evidence the moment that they were Before a criminal investigation be true,
1. The evidence should reach the collected, marked and tagged, up to the time of it should include its elements such as
laboratory as much as possible in same the final disposition of the case. recognition, collection, preservation,
condition as when it is found. The basic rule is to limit the chain of evaluation and presentation (RCPEP) in the
2. The quantity of specimen should be custody to avoid tampering, substitution or court.
adequate. Even with the best equipment loss. If the evidence needs laboratory ■Recognition involves the efforts of
available, good results cannot be examination, the investigator must submit identifying data, including physical
obtained from insufficient specimens. direct to the laboratory without delegating it things that may provide relevant
3. Submit a known or standard specimen to the other persons. information regarding the criminal case
for comparison purposes. The submission is accompanied by a being investigated. That is why
written request and to be officially receipted by
15
recognition is otherwise known as ■Evaluation is the process of witnesses and other interested parties or
identification stage of Investigation. determining the probative value of the in the process of interrogating a suspect.
■Collection, which refers to the act of evidence. 3. Assists the investigator and the desk
gathering those identified data or facts, Probative value refers to the strength of officer in making brief statements of
or gathering that are significant to the the evidence or its worth/weight in facts in the logbook/ police blotter and
case under investigation Collection successfully establishing a proof that a in reports.
maybe done by scraping the bloodstains crime has in fact been committed and 4. Help the investigator in preparing the
found at the crime scene, interviewing that the suspects/accused is the one who MODUS OPERANDI report - How the
the neighbor who saw the burglary, or is responsible for it. crime perpetrated?
examination of drug dealer's bankbook. ■Presentation is the function that is 5. Assist the investigator in furnishing a
■Preservation. It is a function that is primarily manifested inside the concise criminal investigation report.
almost simultaneously performed courtroom. The investigator, with the WHO QUESTIONS: These are questions
during the collection stage. It includes help of the prosecutor, must be able to used to inquire on the identity of the victims or
act of keeping the collected evidences in present facts and information in a very offended party, name of suspect, accomplices,
their true and original for, preventing simple and convenient manner in order accessories and witnesses of the crime.
contamination or destruction of its to convince the court and other parties 1. Who reported the crime? Who
substantive value. Preservation does not involved in the criminal case about the discovered the crime?
only involve the process of packaging validity and truthfulness of the 2. Who saw how the crime was
physical evidences in order that they can evidences they are trying to prove or perpetrated?
be safely transmitted to the evidence establish. 3. Who is the victim? Who had any
custodian or to the crime laboratory. It What are the Uses and Purposes of the 5Ws misunderstanding with him?
covers the process of maintaining the and H? 4. Who is the
objectivity of facts or information that 1. Aid the investigator in searching the offender/perpetrator/culprit? Who are
has been gathered from the testimony of crime scene or other places which maybe the companions, associates, or
witnesses, victims or other persons sources of evidence. accomplices of the perpetrator?
involved in the criminal case. 2. Guide the investigator in formulating WHAT QUESTIONS: The purpose of these
questions in interviewing complainant, types of questions is to find out what happened
or what took place before, during and

16
immediately after the commission of the WHEN QUESTIONS: These are questions 3. How did the criminal get all the
offense. needed to determine and fix the time, day, necessary information?
1. What happened? month and year when the crime was 4. How did the criminal get away from
2. What specific actions did the committed. When questions should be the crime scene?
suspect/victim/ witness do? specified and as accurate as possible. 5. How was the crime scene search
3. What is the nature of the crime? 1. When was the crime committed? conducted?
4. What was/were the weapons/s or 2. When was it discovered? Starting Points of the Criminal
tools/s used by the culprit? 3. When was the police notified? Investigation
5. What are the evidences discovered at 4. When was the victim last seen? 1. State the problem the problem would
the crime scene? 5. When was the suspect arrested? be; to identify, locate and arrest the
WHERE QUESTIONS: These are questions WHY QUESTIONS: These are questions perpetrator of the crime and attempt to
that localize the place of the incident- the city that endeavor to ascertain the motives, causes, recover all stolen property in a thorough
or town, the district or barangay, the street or antecedents, previous, incidents, related facts, legal manner designed to ensure the
road, the number of the house or building. background occurrences that might help greatest probability of justice.
Where questions are necessary in specifically explain the commission of the offense. 2. Form hypothesis-to construct an
pinpointing the particular location of the crime 1. Why did the offender do it? explanation for an occurrence by
scene. 2. Why did he kill his victim? knowing the ff;
1. Where was the crime discovered? 3. Why didn't he just let the victim go? a. Motive- that which causes a person to
2. Where did the offense take place? 4. Why didn't the suspect surrender? act in a certain manner
3. Where are the victims, witnesses or HOW QUESTIONS: These are designed to b. Knowledge/opportunity- given
culprits? help the investigator determine how the crime chance to commit crime
4. Where do the was committed, the means/tools are employed, c. Means/Instrumentality the things
victims/witnesses/culprits live? the crime was discovered, and the culprit used to commit crime
5. Where was the suspect seen or enters the building/room. How questions are 3. Observed and Experiment - serves as
apprehended? very significant in preparing the modus a check for the hypothesis that is
6. Where are the weapons or tools used operandi file or report. incorrect or correct.
in committing the crime? 1. How did the suspect get near to his 4. Interpret Data- interpret results of
7. Where did the investigator secure or victim? final observations and experimentation
obtain the evidences? 2. How did he perform the crime? 5. Draw conclusion
17
 a. Has the stated problem been gathered through sight, 13% from sense of GENERAL TYPES OF SUSPECT
answered? hearing and only 2% through the three other IDENTIFICATION 1. POSITIVE
b. Does evidence support hypothesis? senses. IDENTIFICATION
c. Has each stage of investigative Psychological processes of accurate 1. POSITIVE IDENTIFICATION-
method been conducted in a legal observation; this use information that identifies an
manner? 1. Attention -consist of the individual-beyond question and is
d. Does data interpretation support psychological process involve in legally acceptable as pertaining to
recommendation for prosecution? becoming aware of an existence of facts. and originating from a particular
2. Perception - involve in the individual.
understanding fact of awareness. Examples are the following:

Chapter IV 3. Report involved in identifying what

has been perceive, narrated, and
■Information developed
comparing questioned with inked
after

The Three Tools or I's of identified. fingerprints;

INFORMATION CLASSIFIED AS TO ITS ■ Result of DNA analysis of blood
Criminal Investigation SOURCES and semen.
1. Regular Sources- records, files from 2. TRACING IDENTIFICATION
In criminal investigation, we have the the government or non-government this involves the use of all other
so-called three tools or sometimes called as the agencies, news items. The bulk of information that maybe indicative of the
I's of criminal investigation to include: application of this nature is news items. personal identity of an individual.
Information, Interview and Interrogation and Included also is news or TV broadcasts Examples include the following:
Instrumentation. Intercepted radio, telephone messages • Description of of culprits; witnesses
INFORMATION and stored computer area. as to the appearance
It is the knowledge or facts which the 2. Cultivated Sources- Information • Information about the presence of a
investigator had gathered or acquired from furnished by informants or informers. 3. suspect's personal belongings at the
persons or documents, which are pertinent or Grapevines Sources - When the crime scene
relevant concerning the commission of the information is disclosed by the SOURCES OF INFORMATION
crime or criminal activities. underworld characters such as prisoners 1. Government Records- Police files,
Psychologist estimate that or ex-convicts. NBI files, Bureau of Immigration files,
approximately 85% of our knowledge is

18
 COMELEC files, files from the local jails c. The unplugging of the computer In the account of the interview, the witnesses
and the National Bureau of Prisons and whether or OFF should be done by voluntarily give their accounts about the
other government agencies. pulling out the cable directly from the commission of a crime.
2. Private Records- From private back of the Central Processing Unit. Cognitive Interview is a form or
offices and business and non- d. Each unplugged cable same marking technique in the conduct of interview upon
government organizations. corresponding to the socket from where willing and cooperative witnesses, where they
3. Intercepted Messages- From the cable was unplugged. are given the full opportunity to narrate their
telephones, cellular phones, radio e. The computer should be carefully accounts without intervention, interruption
telecommunications and other means of handled and packed for transport to the and interference from the interviewer. After
communications. police station. the subject has finished his narration, the
4. Records of the Firearms and f. Only computer forensic expert should investigator now subjects him to the style of
Explosive Unit- Concerning licensed search for any information or evidence direct examination and cross-examination, to
holders of firearms and authorized contained in the hardware. clarify the unexplained portions to arrive at a
possessor of explosives. g. The expert should duplicate the vivid and complete picture of the testimony.
5. Fire Busting Tracing the chain of computer and the evidence custodian for Question and Answer style of interview
possession of a firearm, from the future court presentation should keep are also practiced by some investigators
manufacturer, distributor, seller and to the original. Search and analysis must be whereby after each question by the
the last processor and possessor. undertaken using the image disk. investigator, the interviewee is required to
(Applicable in US, wherein this could be THE INTERVIEW AND answer on what he knows about what is being
done through the files of the FBI and INTERROGATION asked.
other US police agencies. A Philosophy of Interview and Interrogation: THE GOLDEN RULE IN INTERVIEW
6. Stored Data on Computers and The RIGHT officer "Never conduct or let anyone conduct an
Cellphones- Only experts must be asking the RIGHT questions interview if the interviewer has not gone to the
employed to retrieve these stored data. in the RIGHT manner crime scene." The questioning should be in
RULES ON COMPUTER EVIDENCE at the RIGHT time and in the RIGHT place agreement with the facts and conditions at the
a. When the computer is OFF at the will get the RIGHT answers. crime scene. The questioning will lead
time of arrival, do not turn it on. INTERVIEW is the simple questioning of a wayward for the interviewer who had not seen
b. When it is ON, do not turn it OFF nor person who cooperates with the investigator. personally the crime scene and he will not be
touch its mouse or keyboard. in a position to distinguish half-truths,
19
exaggerations of falsehood from the answers of associates or relatives always entertain 2. He should try to size up the
the person being interviewed. fear of reprisal. interviewee and reach to tentative
QUALITIES OF A GOOD b. Great Inconvenience- on the part of conclusion about his type, then use the
INTERVIEWER those of hand-to-mouth existence there best interview approach.
a. Rapport-It is the relation between the real inconvenience, which will deprived 3. He should keep in mind the provisions
interviewer and the interviewee, which them the time to earn their living of law regarding the rights of people
is conducive to a fruitful result. especially during the ordeal of testifying under custodial investigation.
b. Forceful Personality -The during the trial. THE STAGES OF HANDLING
appearance of the interviewer and other c. Hatred Against the Police - This INTERVIEW
qualities such as skills of communication hatred maybe due to previous bad a. Preparation/Planning -The
techniques or the force of his language experience with rogue members of the investigator should review the facts
are the mainstays of the strength of his police organization. at the crime scene and information
character. d. Blas of the Witness -The witness from other sources in order that he
c. Knowledge of Human Behavior maybe an acquaintance, friend, helper, or would be ready for the questioning. A
d. Conversational Tone of Voice - His benefactor of the suspect. background data of the subject
tone of voice must be conversational, not e. Avoidance of Publicity- There are should be available so that he could
confrontational as in interrogation. witnesses who are shy and they shun adapt himself to the kind of approach
e. Acting Qualities - He must possess publicity that will bring discomfort to to be employed.
the qualities of an actor, salesman and their ordinary or obscure way of living.
psychologist and know how to use the f. Family Restriction-Some famous and In planning the interview, the
power of persuasion. respected families preserve their interviewer should consider:
f. Humility- He must be courteous, reputations by instilling to their a) The facts of the case which have
sympathetic and humble, ready to ask members the need of the approval of been established so far.
apologies for the inconvenience of the their elders on matters affecting their b) The information needed to
interview families. complete the picture.
REASONS WHY WITNESSES REFUSE OPENING THE INTERVIEW c) The sources of information that
TO TALK OR TESTIFY 1. The interviewer should identify may be consulted such as files and
a. Fear of Reprisal-Witnesses who lack himself and the agency to which he record.
the courage to face the suspect, his belongs.
20
 d) The possibility of confronting the b. Avoid Implied Answers- The nod of forget to say "THANK YOU" after the
suspect with physical evidence. the head complex or any other body interview.
e) The time available for the language as a response to the
interview. questions should be avoided. The TYPES OF WITNESSES ACCORDING
f) The time allowed by law. answers must be oral, clear, explicit TO THEIR ATTITUDE
and responsive to the questions. a. Know-Nothing Type -These are the
b. Approach-The investigator must c. Simplicity of Questions- a short reluctant type of witnesses.
carefully select his kind of approach, simple question at a time is required. b. Disinterested Type -This is the
which maybe a single kind, a If the answer needs qualification, uncooperative and indifferent subject.
combination of two or the application then, it should be allowed. Avoid c. The Drunken Type -The style of
of all techniques. legalistic questions such as: who is questioning by the investigator should
c. Warming Up -This is done by the murderer or who are in be adapted to the psychology of the
preliminary or exploratory questions conspiracy with the subject. subject. When the drunken subject has
to clear the atmosphere, promote a d. Saving Faces - Embarrassing sobered, another interview will be
conducive ground for cordiality, questions on the subject on matters conducted, confronting him about his
respect and trust for each other. of exaggeration or honest errors disclosures while in the state of
d. Cognitive Interview - The about time, distance and description drunkenness. The written statement
subject now is asked to narrate his can be avoided if the investigator will must be taken during his sobriety.
account without interruption, cooperate with the subject "to save d. Talkative Type -These are witnesses
intervention or interference. It is his face". The investigator should not who are prone to exaggerate, adding
only after the completion of the fault or ridicule the subject on these irrelevant or new matters to their
uninterrupted narration that the matters. narration.
investigator begins his direct and e. Yes and No Answers -Do not ask e. Honest Witnesses These are the
cross- examinations. questions which could be answered truthful and cooperative witnesses
RULES IN QUESTIONING A PERSON by yes or no only. It will curtail the where the investigator could rely upon,
a. One Question at a Time - Multiple, complete flow of information and will with little or no problem in handling
complex and legalistic questions lead to inaccuracy. them.
should be avoided. One question at a Note: The interviewer should always leave f. Deceitful Witness -These are the liar
time is desired. the door open for a re-interview. Don't type of witnesses.
21
 g. Timid Witnesses -They are the shy ■To obtain an admission or confession that those confessions are made
witnesses. The approach must be of guilt from the suspect. outside of the Court.
friendly and reassuring confidentiality ■To gain all facts in order to determine Sec 3, Rule 133, Rules of Court Extra
of their information. They should be the method of operation or modus judicial 27 confession, not sufficient
hidden from the devouring press by operandi and the circumstances of the ground for conviction: An extra
interviews or photo sessions. crime in question. judicial confession made by an
h. Refusal to Talk Witnesses These ■To collect information that guides accused, shall not be sufficient
are the most difficult subjects to deal investigators to arrive at a logical ground for conviction, unless
with. Find out the reasons of their conclusion. corroborated by evidence of corpus
personality. The cause maybe trauma, CONFESSION DISTINGUISHED FROM delicti (body of the crime.)
shock, fear, hatred, and others. Remove ADMISSION 2. Judicial Confession-Those made by
these fetters of silence and they will start the accused in open Court. The plea
■Confession is the declaration of the
talking. of guilt maybe during arraignment or
accused acknowledging his guilt arising
INTERROGATION any stage of the proceedings where
from the commission of a crime.
Interrogation is the vigorous and the accused changes his plea of not
confrontational questioning of a reluctant ■Admission is an acknowledgement of a guilty to guilty.
suspect about his participation in a crime; is the fact or circumstance without accepting
process of obtaining an admission or guilt. Guilt maybe inferred in admission. Sec. 2, Rule 129, Rules of Court states
confession from those suspects which means When an accused confessed to the that "Judicial Admission is made by
that the suspect is confronted about his commission of a crime, he accepts the the party in the pleadings, or in the
participation in the commission in an offense. facts constituting the offense but if he course of the trial or other
is the act or process of questioning somebody interposes self-defense or other proceedings do not require proof and
closely, often in an aggressive manner, exculpatory grounds, then his cannot be contradicted unless
especially as part of an official investigation or acknowledgement is not a confession previously shown to have been made
trial. but admission. through palpable mistake."
Goals of interrogation: KINDS OF CONFESSION KINDS OF EXTRA-JUDICIAL
1. Extra Judicial Confession - Those CONFESSION
■To find out the truth about the crime.
made by the suspect during custodial a. Voluntary Extra-judicial
investigation. Simply explained are Confession-The confession is
22
 voluntary when the accused speaks of b. Approach - in this step, the the past troubles, plight and unfortunate
his free will and accord, without interrogator should keep in mind to events in the life of the suspect. An offer
inducement of any kind, with a full gain rapport with the subject. of help, kindness, friendliness, may win
and complete knowledge of the c. Questioning -this is considered the his cooperation.
nature and the consequence of the hearth of interrogation. Were all C. FRIENDLINESS -A friendly
confession. techniques could apply to obtain approach coupled with a posture of
b. Involuntary Extra-judicial information from the subject. sincerity may induce the suspect to
Confession- Confessions obtained d. Termination- this refers to the confess.
through force, threat, intimidation, ending of the interrogation process, D. TRICKS AND BLUFF
duress or anything influencing the and it should end in a friendly TECHNIQUES
voluntary act of the confessor. manner. (1) The Pretense of Solid
IMPORTANT NOTE: e. Recording - this refers to place in Evidence against the Accused
Confessions obtained from the document the result of the (2) The Weakest Link
defendant by means of force or interrogation, in this process it is (3) Drama
intimidation/violence is NULL AND VOID, advisable to tape record all (4) D Feigning Contact with
and cannot be used against him/her in the trial. conversation. Family Members
A confession made under the influence of f. Reporting -this is the end product of 5) The Line Up Method (Accused
spiritual advice or exhortation is not the interrogation. is lined-up among suspects)
admissible. THE TECHNIQUES OF (6) Reverse Line Up (Accused is
The same through as confession made INTERROGATION alone and coached witnesses and
under the influence of paternal sentiment is not A. EMOTIONAL APPEAL -This is a victims are piled to make
admissible as evidence. technique where the investigator, accusations against the accused)
Phases of interrogation; combining his skills of an actor and a E. STERN APPROACH - The
a. Planning and preparation - this psychologist, addresses the suspect with investigator displays a stern (demands
refers to the interrogator keep an emotional appeal to confess. Devotees immediate response) personality
himself aware on the situation and he of a religion may belong to this type. towards the suspect by using the
must observe and analyze the B. SYMPATHETIC APPROACH - following methods:
interrogee without his knowledge. The investigator, in his preliminary or
probing questions must dig deep into
23
 ■Jolting In the questioning then the process is repeated until behavior. That spots maybe the
process, the investigator selects there is a confession. youngest child, the wife, the mother,
the right moment to shout a G. REMOVING THE ETHNIC OR and the brother who acted as his
pertinent question in an apparent CULTURAL BARRIER father, the grandparents or the best
righteous outrage. The suspect's -If the suspect is a Gaddang, a friend.
nerves will break to a confession. Gaddang investigator and the ADDITIONAL MODERN TECHNIQUES
■Opportunity to Lie - The same should interrogate him, the OF INTERROGATION
suspect is given all the same with other ethnic or cultural a. Rationalization -It is the use of
opportunities to lie. The suspect is groups. It is the Filipino's way of reasons, which is acceptable to the
questioned about his personal life, life that we put our trust and subject that led to the commission of
family, friends and his knowledge confidence to those who belong to the crime. Thus, it maybe said that
about the complainant and our clan or tribe. The sometimes, killing is a necessity
witnesses. Then the suspect is interrogation must be in the rather than by purpose or design.
questioned about his activity language or dialect of the suspect Robbery maybe a necessity to feed a
prior, during and after the so that we could get his full starving family.
commission of the crime. confidence. This is removing the b. Projection -It is the process of
F. THE MUTT AND JEFF OR language barrier. putting the blame to other persons,
SWEET AND SOUR METHOD H. SEARCHING FOR THE SOFT not alone to the suspect. The
-The first set of investigators SPOT murderer may blame the mastermind
must appear to be rough, mean -In every man's heart, there is for corrupting him with big sums of
and dangerous. When they had always that softest spot. The money, or the mastermind blaming
finished the interrogation, the heart may have been hardened to the greediness of the victim or the
second investigator intervenes by steal by poverty, destitution, husband blaming the wife for her
stopping the first set of hopelessness, despair, apathy, infidelity.
investigators. By beings indifference, injustice, hatred or c. Minimization- It is the act of
sympathetic and understanding, other factors, yet there is always minimizing the culpability of the
he begins his interrogation. If the that spot which could be suspect. The investigator convinces
suspect is refuses to cooperate, discovered by the investigator the suspect that a confession will
thru his knowledge of human reduce the offense and the penalty.
24
 Thus, the investigator could study it g. A "Not That I Remember" or "As Far v. Length of time between the crime
if there is a way to downgrade As I Know" expression should be treated and identification
murder to homicide or the as a veiled admission or half-truth. vi. Suggestiveness of the
introduction of mitigating Modes of Extra-judicial Identification of identification procedure
circumstances with the result of the Accused INSTRUMENTATION
penalty being within the range of a. Show-ups- where accused alone is This is sometimes called Criminalistics.
probation. brought face-to-face with the witness for It is the process of applying instruments or
The following are signs of deception, which identification tools of the police sciences in criminal
may help the investigator corner the subject, b. Mug shots- where photographs are investigation and detection. This is the use of
some of which are: shown to the witness for identification c. the Police Laboratory in the examination of
a. Pulsation of the carotic (neck) artery. Line-ups - where a witness identifies the physical evidences.
b. Excessive activity of the Adam's suspect from a group of persons lined up -It is a process of applying instruments
apple. for the purpose or tools of the Police Sciences in criminal
c. Avoiding the eyes of the interrogator, • Identification will be admissible if Investigation and detection (the used of
swinging one leg over the other foot- it passes the totality of Police Laboratory).
wiggling, wringing of the hands, circumstances test which -It is the application of instruments and
tapping of fingers, picking fingernails, considers the following factors: the laws of physical sciences in the
etc. i. The witness' opportunity to view investigation and detection of crimes
d. Dryness of the mouth. e. Swearing to the criminal at the time of the and criminals. This is otherwise known
the truthfulness of assertions. This is crime as CRIMINALISTICS.
frequently used by guilty subjects to ii. Witness' degree of attention at Methods of Instrumentation:
strengthen their assertions of innocence. that time 1. Polygraph Examination or Lie
f. "Spotless Past Record" - "Religious iii. Accuracy of any prior description Detector Test
Man". These are asserted to support by the witness POLYGRAPHY or POLYGRAPH
statements which the subject knows, and iv. The level of certainty SCIENCE is the scientific method of
realizes the interrogator knows, to be demonstrated by the witness at detecting deception using an
false. the identification instrument called polygraph. Some
people consider polygraphy as the
new name of lie detection.
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 The REQUESTING PARTY refers examination known as
POLYGRAPH, A polygraph is a to the person or persons who ask for instrumentation.
scientific instrument that the services of the examiner to help
simultaneously records the changes verify the truthfulness of a subject's INSTRUMENTATION is the stage
in physiological processes of the statement or testimony. The of polygraph examination whereby
human body and capable of recording requesting party is usually the polygraph instrument is actually
internal bodily changes, such as investigator of the case that requires used while asking questions to the
blood-pressure/pulse-rates, the polygraph examination. subject. This is also known as the
respiration, electro-dermal actual test. It encompasses chart
properties of the skin or the Galvanic POLYGRAPH TEST It is the actual collection and chart analysis.
Skin-Reflex (GSR), which are test whereby the reactions of the
indicative of emotional excitement, subject on a specific stimulus are POST-TEST QUESTIONING
especially lying, when questioned. being recorded using the polygraph refers to the questioning that
instrument is the specific part of the concludes the examination, either in
In polygraphy, the SUBJECT refers polygraph examination that the form of post-test interview or
to the person to be (or being) transpires from the moment the chart post- test interrogation.
examined, usually a suspected drive (kymograph) is turned on until What are the objectives of using Polygraph
criminal. The subject is also called it is turned off. services?
examinee. In crime detection and investigation, the
PRE-TEST INTERVIEW is the common objectives of using polygraph services
The EXAMINER is the expert in first official stage of polygraph are the following:
polygraph science who uses examination whereby the subject is 1. To ascertain if a person
polygraph instrument to verify informed about the nature of the (witness/suspect) is telling the truth
truthfulness of a subject's statement examination including his rights in 2. To locate the fruit/s and/or
or testimony. Other descriptions for relation to the examination and instruments of the crime under
the examiner are polygraphist, conditioned to take the test. During investigation
forensic psychophysiologist (FP) and pre-test interview, the subject is 3. To obtain additional investigative
polygraph examiner (PE). conditioned for the next stage of leads to the facts of the case/offense

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 4. To locate the whereabouts of suspects 4. Not 100% accurate or 100% reliable, microscope and enlarged 10 times (10x)
and wanted persons its accuracy depends on the examiner's or larger
5. To identify suspects, witnesses, competency. • Photomacrography- involves the
and/or victims involved in the 2. Police Photography Police Photography process of photographing objects that
Criminal / civil case. is the study of the general techniques of are directly enlarged at the negatives
6. To recover valuable information from photographing the crime scene, physical and magnified up to 9X only
reluctant witnesses evidences, and other circumstances that can be • Infra-red Photography- the technique
7. To eliminate innocent suspects used for law enforcement purposes. It is a field of photographing or recording unseen
What are the principal uses of polygraph that focuses on the practical application of objects by means of infra-red light and
examination? photography in police work (law enforcement infra-red film; example is the practice of
There are 5 main uses of polygraph operations). photographing charred or burnt
examination. Forensic Photography is that field covering materials & overwritten texts
1. Aid in investigation of criminal and the legal application of photography in • Ultraviolet Photography the technique
civil cases criminal jurisprudence and criminal of photographing unseen objects by the
2. Speeds up investigation process investigation. It is that branch of forensic use of ultra-violet light and filters;
3. Eliminate innocent suspects science, dealing with the example is the process of photographing
4. Pre-employment screening 1. Study of the fundamental but overwritten text and marked money
5. Personnel test for honesty pragmatic principles of photography; • X-ray Photography X-ray
What are the limitations of the polygraph 2. Application of photography in law photography involves the process of
instrument? enforcement: and photographing or recording internal
The polygraph instrument is – 3. Preparation of photographic structure of the human body
1. Invaluable investigative aid but never evidences needed by prosecutors and 3. Forensic Medicine
a substitute for an investigation. courts of law. Legal Medicine - is the branch of
2. Not a lie detector, it is only a scientific Fields of Photography Significant in Police medicine which deals with the
diagnostic instrument. Work application of medical knowledge to the
3. Not capable of determining facts, it • Photomicrography -involves the purposes of law and justice.
only records responses of the subject. process of photographing minute Forensic Medicine- is a branch of
objects when magnified by means of the medical science which deals with the

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application of medical knowledge to 6. Supposed profession Fahrenheit is considered as a
elucidate legal problems. 7. Description of the body certain signs of death.
Methods of Preserving Evidences: Points of identification Applicable to both d. Insensibility of the body and
Photography and sound recording, living and death before onset of loss of power to move
video, audio, microfilm. decomposition. e. Changes in and about the eye
Sketching 1. Occupation mark f. Loss of cornmeal reflex
Description 2. Race a. color of skin b. feature of face g. Clouding of the cornea
Testimony of witnesses/ Preservation 3. Stature Changes in the body following death
in the mind of Witnesses 4. Teeth 1. Stage of Primary flaccidity or stage of
Manikin Method 5. Tattoo marks muscular irritability -The muscles are
Kinds of Witnesses: 6. Weight relaxed and capable of contracting when
Expert Witness the opinion of the 7. Deformities stimulated. The pupils are dilated, the
witness regarding a question of science, 8. Birth marks sphincters are relaxed, and there is
arts or trade, where he is skilled therein, 9. Injuries leaving permanent result incontinence of urination and defecation.
may be received in evidence. 10. Moles 2. Stage of Rigor mortis (post-mortem
Ordinary Witnesses all persons who, 11. Scars rigidly or cadaveric rigidity or death
having organs of sense, can perceive, the 12. Tribal marks struggle of muscle) - The whole body
perceiving can make known their 13. Sexual organ becomes rigid due to the contraction of
perception to others, may be witnesses. 14. Blood group the muscles. This develops three to six
15. Finger prints hours after death and may last from 24-
Medico-legal aspect of Identification. Signs of Death 36 hours.
When an unknown body is found, the a. Cessation of heart action and 3. Stage of secondary flaccidity or decay
following should be noted by the circulation. muscles. The muscles becomes flaccid,
investigator to facilitate identification: b. Cessation respiration - for a no longer capable of responding to
1. Place where body was found. period not longer than 3-1/2 mechanical to electrical stimulus and the
2. Time when found minutes. reaction becomes alkaline.
3. Cause of death c. Cooling of the body (ALGOR 4. Putrefaction or decay
4. Time when death occurred MORTIS) - The fall of 5. Cadaveric lividity or post-mortem
5. Appropriate age temperature of 14-20 degrees lividity
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AUTOPSY Forensic chemistry is defined as the ➢ Examine wine, vinegar, and other
■ Autopsy came from the Greek word application of chemical principles in the substances for unfair trade
autopsia, meaning "seeing with your own examination of physical evidence in competition.
eyes." solution to problems that arise in ➢ Examine prohibited and regulated
■AUTOPSY (Sometimes Called connection with the administration of drugs.
MEDICOLEGAL EXAMINATION) is justice. It encompasses a large field in ➢ Examine the chemical aspects of hair,
the process by which the the determination and analysis of the textile fibers, and documents.
PATHOLOGIST or the MEDICO crime evidence. ➢ Examine glass fragments, fractures,
LEGAL OFFICER conducts an Forensic toxicology is a hybrid of and moulage.
examination on the cadaver to analytical chemistry and fundamental ➢ Examine the nature, physiological
determine the exact cause of death. toxicological with the principles. It is action, chemical and physical dosage,
Autopsy should be performed at once concerned primarily with the medico- detection, and treatment of poisons.
when there is the slightest probability of legal aspect of the chemicals on humans 5. Forensic Ballistics
homicide. and animals as well. What is Forensic Ballistics?
■After the autopsy was conducted by a The role of the forensic toxicologist is
➢ Refers to the science of investigation
medico- legal officer, a report shall be limited to matters that pertain to
and identification of firearms and
accomplished by him to stating the cause violations of criminal law. This is the
ammunition used in crimes.
of death of the person. The document or most difficult criminalistics procedure
➢ The term Forensic originated from
report made by him is called since it needs a great deal of experience
the Latin word FORUM, meaning
AUTOPSY/ NECROLOGY REPORT and a large amount of laboratory works
to make the analysis. market place, because this is where
■Autopsy is more detailed compared to judicial trials of Rome during the
A forensic chemistry laboratory can:
Post Mortem Examination. Roman times or it means debatable
POST MORTEM EXAMINATION is ➢ Examine blood and other bodily
argumentation in relation to the
the process of examination conducted by fluids
court of justice.
a medico-legal officer to the cadaver of ➢ Determine gunpowder residues and
➢ More broadly, the word Forensic has
person at the crime scene to find out explosives.
become almost synonymous with
facts that may lead to reasons of death. Legal. For instance "FORENSIC
4. Forensic Chemistry and Toxicology MEDICINE" means Legal Medicine.

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What is Ballistics? ball whose weight in pounds is equal to magnified images simultaneously in a
- is the science that deals with the study the reciprocal gauge index. single microscope field.
of the motion of the projectile or simply 3. Bullet Recovery Box - is a device for 10. Individual Characteristics - those
the science of firearms identification. catching test bullets fired from the which are determinable only after the
-in its legal meaning, it is the suspected firearms or weapons. manufacturer of the firearms. They are
microscopic examination of fired 4. Photomicrographic Camera - a characteristics whose existence is
cartridge cases and bullets together with camera used by connecting the camera beyond the control of man and which
the recording and presentation by with the ocular of the bullet comparison have random about by the tools in their
means de photography of what is microscope for permanently recording normal in a firearms resulting through
revealed by the microscope. the microscope image. wear and tear abuse mutilation,
IMPORTANCE OF FORENSIC 5. Pitch of rifling-is the distance that corrosion, erosion and other fortuitous
BALLISTICS; the rifling advances to make one causes.
1. Firearms identification plays an complete turn. 11. Recoil the equal and opposite
important role in the administration of 6. Caliper -a measuring device used in reaction of the gun against the forward
justice. the calibration of bullets and gun bores. movement of the bullet during
2. This science has advantage over 7. Choke- the construction of a shotgun explosion.
confessions direct witness and other bore at the muzzle at various ranges or 6. Dactyloscopy
circumstantial evidence. degrees designed to control pellet DACTYLOSCOPY is the study of
3. It is regarded as the highest form of charged at the target. classification of fingerprints as a means of
uncontestable and conclusive piece of 8. Chronograph- instrument which identification.
evidence with the utmost legal measure the velocity of projectiles. ❖ from root word Dactyl (dactile)
significance. 9. Class Characteristics- those which ❖ GREEK word DAKTYLOS meaning
Some important terms: are determinable prior to the FINGER.
1. Caliber -is a term used to indicate the manufacturer of the firearm and are SCIENCE OF FINGERPRINTS
bore diameter measured from land to Bullet Comparison Microscope is a ➤ is the most positive means of personal
land. microscope especially designed to identification. It has been found out that the
2. Gauge- as applied to shotgun permit workers to determine points of intricate pattern on the fingers are
indicates that the bore diameter of a lead similarity or difference between two permanent to individual and never undergo
objects by observing their multi-
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 a natural change., except in the size of the characteristics called ridge endings, classifying will show positive
pattern during the life time of individual. bifurcations, dots ad many ridge shape identification of the real identity.
➤Friction skin variances. 8. Questioned Document Examination
patterns/designs/formations appear on the DOCUMENT
finger tips, palms of the hands and soles of This principles was proven by Sir Is any material which contain marks,
the feet five (5) months before birth to William James Herschel whose symbols or signs either visible,
DEATH. fingerprint had been recorded in the partially visible or invisible that may
span of almost 57 years in a different presently or ultimately convey a
➤FINGERPRINTS probability of an
event and age of his life. meaning or message to someone?
individual to have the same fingerprint is
2. PRINCIPLES OF Pencil or ink writing, typewriting or
1:64 billion.
INDIVIDUALITY- no two printing on paper is its most usual form.
DEFINITION OF FINGERPRINTS
fingerprints of different person or the
As an IMPRESSION:
neighboring finger of the same person QUESTIONED DOCUMENT
It is the reproduction of pattern or
have ever been found to be identical or -Any document about which some issue
design formed by the ridges on smooth surface
exactly alike in all respects, and it has has been raised or under scrutiny, with
of the end joint by the fingers or thumb,
been studied and proven that ridges respect to its genuineness and its origin.
through the medium of ink or any coloring
fingerprints of appearing in a man
substance capable of producing visibility.
wherein it has been used as an infallible Holographic Document refers to any
As a SCIENCE:
means of identification. document completely signed and
It is the identification of person by
3. Principles of Infallibility written by one person.
means of the ridges appearing on the fingers,
Fingerprint is exempt from error of
on the palms and on the soles of the feet. Albert S. Osborn, considered as the
judgment. Man’s fingerprints cannot be
NATURE OF FINGERPRINT AND "Father Questioned Documents s"
forged. Criminals have tried to destroy
PRINCIPLES published his work Questioned
their fingerprints in an effort to fool
1. PRINCIPLES OF CONSTANCY - Documents ining case, the Lindbergh
Justice, even if they cut his finger with
Fingerprint ridges are formed during baby kidnapping case, State vs
a razor, or knife, time brought new
the third to fourth or sometimes fifth Hauptmann Osborn proved in court as
ridge to the surface. True, there were
month of fetal development. These an expert witness that the accused
scars in the lower layer of the skin, but
ridges consist of individual Bruno Richard Hauptmann had written
the patterns were so distinct that when
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 all of the ransom notes found or sent 3. Documents should not be folded in
after the abduction of the son of Charles any new place.
A. Lindbergh leading to the conviction 4. Documents should not be folded and
of the accused. unfolded unnecessarily.
Questioned document examination 5. Except by special permission, no
principally covers: chemicals should applied to papers in
-Identification of seal, stamps and other any manner that will be deface them, and
authenticating devices. test of this kind should be made only by
-Examination of handwriting which those properly qualified to make them.
includes signatures' and handwriting for 6. Never point closely at letters or any
the purpose of determining authorship parts of it with a pencil
or their genuineness.
-Examination of type prints and
typewriting for the purpose of
determining their source or genuiness
-Detection of alteration
-Restoration of obliterated writing
-Decipherment of erased writing
-Determination of age of documents.
CARE, PRESERVATION AND
HANDLING OF QUESTIONED
DOCUMENT EVIDENCE
1. Disputed documents should not be
cut, torn in any manner mutilated in the
slightest degree.
2. Documents should not be touched
with an eraser or any kind, nor with pen
pencil, or sharp instrument of any
character.
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