CDI: Fundamentals of Criminal Investigation

Prepared by: Dr. Manolito D. Parazo, CST, CSP, MS. CRIM, DPA

 Criminal Investigation is an
 Art- because it requires the application of human creative skill during the investigation.
 Most often investigation is based on instinct/suspicion, tested knowledge and by chance.
 Science- since it requires the application of technical knowledge on forensic science in
identifying, locating, collecting, processing or evaluating physical evidence.

 Important People Who Developed Criminal Investigation

 Eugene Francois Vidocq – He was a former criminal turned Paris police investigator. He
founded La Surete, France’s National Detective Organization. He postulated the idea
“it takes a thief to catch another thief”. Considered as the “father of modern
criminal investigation”.
 Henry Fielding – founded the Bow Street Runners in 1749 in London.
 Jonathan Wild –He was a former criminal and named as “thief taker general”.
 Francis Turkey – Pioneered police raid.
 Raid- means surprise invasion of a building or place.
 Hans Gross – Father of Criminalistics.
 John Fielding – Developed paid informant. Younger brother of Henry Fielding.
 Sir Robert Peel – Instituted the Metropolitan Police in London, later became Scotland
Yard. Considered as the “father of modern policing”.
 Charles Dickens – He introduced the term “Detectives”.
 Allan Pinkerton – Regarded as “America’s founder of Criminal Investigation” and the
most famous private investigator of his time.
 Insp. Thomas Bynes – American founder of criminal “Modus Operandi” (“MO”) and
Rogues Gallery.
 Edgar J. Hoover – First FBI Director.
 Edmond Locard – developed Locard’s Theory or Transfer of evidence.
 Calvin H. Goddard – Father of Ballistics.

 Some Legal Bases/Safeguards in Investigation

 Art. III of the 1987 Constitution;
 Miranda Doctrine/Rights;
 RA 7438 (Custodial Investigation);
 RPC (Ex: Arts. 248, 249, 320-26);
 Special Laws (RA 9165, RA 9262); and
 PDs (Ex: 1613, 1829, 483, 1563)

 “Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence
of counsel.” (Sec. 12 (1), Art. 3 of 1987 Constitution)

 No person shall be compelled to be a witness against himself.“ Or rights against self

incrimination.(Art. 3, Sec. 17, 1987 Constitution)
 “Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.” (Art. 3, Sec. 12)

 Rights of Person Under Investigation

 To be informed of his right to remain silent;
 To have competent and independent counsel preferably of his own choice or to be
provided with one if he/she can’t afford to avail lawyer;
 Rights against torture, force, violence, threat, intimidation, or any other means which
vitiates the free will ( RA 9745-Anti torture law))
 Rights against being held in secret, solitary, incommunicado, or other similar forms of
detention.

 RIGHTS OF PERSON UNDER INVESTIGATION (MIRANDA RIGHTS)

“Right to remain silent and to have a competent and independent counsel of your
choice, and if you cannot afford the services of a lawyer, one shall be provided for free by the
government. Any statement made by you during investigation may be used against you in Court of
Law”.
(These rights cannot be waived except in writing and sign in the presence of a
counsel).”

 RA 7438 (Rights of Person Arrested, Detained or under Custodial Investigation)

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

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 “Any public officer or employee 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”. (RA 7438)

 What is Crime?
 An act or omission in violation of law commanding or forbidding it.
 Omission- is a failure performs an act required by law. It is neglect of duty.
 An act or omission punishable by law is called felony.
 Offense- An act punishable by Special Law
 Felonies are committed not only by means of deceit (dolo) but also by means of fault
(culpa).

Note: There is deceit when the act is performed with intent; and there is fault when the wrongful
act results from imprudence, negligence, lack of foresight, or skill.

 Imprudence- deficiency of action or lack of precaution.

 Negligence- deficiency of perception or failure in advertence.

 Criminal Investigation- It is a collection of facts to accomplish a three-fold aims:

a). To identify the guilty party;
b). To locate the guilty party; and
c). Provide evidence of his guilt.

 Six Cardinal Rules in Criminal Investigation (5Ws & 1H):

a. What crime was committed?- refers to the nature of crime, e.g., murder, rape
b. When the crime was committed?- refers to the date and time the crime happened
c. Where the crime was committed? – refers to the place the crime occurred
d. Who committed the crime? -refers to the victims, witness, suspects
e. Why the crime was committed?- refers to the motive.
f. How the crime was committed?- refers to the method of operation or Operandi

 Criminal Investigator- is a person who is charged with the duty of conducting criminal
investigation.

 What are the Qualities of a Good Invest/Prober

a. Perseverance
b. Incorruptible, honesty and integrity
c. Intelligence
d. Sense of justice and fair play
e. Knowledge of Criminal law, evidence, crim. Procedure and Special penal laws

 Who Shall Conduct Criminal Investigation?

The Police Station having territorial jurisdiction of the area where the crime or incident occurred.

The Anatomy of Crime

a. Motive refers to the reason or cause why a person will perpetrate a crime.
b. Instrumentality is the tools used in the commission of the crime.
c. Opportunity refers to the acts or omission by the victim which enables the criminal to
commit his crime.

Motive and Intent Distinguished:

 Motive- is the moving power which impels one to commit an act for a definite result, while
Intent is the purpose to use a particular means to effect such result.
 Motive is not essential element of a crime, and hence, need not be proved for purposes of
conviction, Intent is an element of the crime, except in unintentional felonies.
 Motive is only essential when the identity of the perpetrator is in doubt. The Intent, however of
the offender is essential in intentional felonies.
 Motive becomes relevant when there is doubt as to the identity of the assailant, the identity of
the accused proceeds from unreliable source, testimony is inconclusive and evidence is
circumstantial.

Reasons Why Crime Should be Investigated

 
1. Future deterrence of offenders
a. When crime is investigated, tried and penalty is imposed, it restrained and control the offender.
2. Deterrence to others
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 a. When punishment is served to the offenders, others would not emulate.
3. Community safety
a. Incarceration of criminals brought protection to the people.
4. Protection of the innocent
a. Innocent will be spared from criminal people

 The Three-fold Aims of Investigation

1). To identify the guilty party
2). To locate the guilty party
3). To provide evidence of his guilt in criminal proceedings.

 Phases of Criminal Investigation

 Phase 1- Identify the suspect
 Phase 2- Locate and apprehend the suspect
 Phase 3- Gather evidence against the suspect

 Phase I - identify the suspect through:

 Confession
 Eyewitness testimony
 Circumstantial evidence/ Indirect evidence /presumptive
 Associative evidence

1. 2 Kinds of Confession
 Acknowledgment by the accused of his guilt.
 Best means of identifying the accused.
a. Judicial-made in open court
b. Extra judicial- made outside the court like, taken during custodial investigation.
 Admission- acknowledgment of fact. Ex: The suspect admitted that he owned the gun used in
killing Pedro.

 Distinction Between:
 Admission- acknowledgment of a fact. (Insufficient to convict a person)
 Confession- acknowledgment of guilt. (Sufficient to convict a person)

Role of Admissibility of Confession

1. The confession must be expressed, categorical acknowledgment of guilt;
2. The facts admitted must constitute criminal offense;
3. The confession was given voluntarily; and
4. There must have been no violation of the constitution.

2. Eyewitness Testimony (Testimonial Evidence)

a. Positive testimony
1. When a witness affirms that a fact did or did not occur;
2. Stronger and weightier;
3. Generally prevails.

b. Negative Testimony
1. When the witness states that he did not see or know the occurrence of a fact.

 Methods of Identification by Witness to a Suspect:

a. Portrait Parle –is the verbal description by witness or victim of the physical appearance of the
assailant while draw by the sketcher or cartographer.
b. Rogue’s Gallery/Photographic Files – compilation of picture at the police station where
witness or victim could identify the offender.

3. Circumstantial/Indirect/ Presumptive Evidence

 It is evidence taken from events or circumstances surrounding the crime, and NOT from direct
observation of a witness.

When Circumstantial Evidence Sufficient for Conviction:

a. There is more than one circumstance;

b. The facts from which the inferences are derived are proven; and
c. The combination of all circumstances could produce a conviction beyond reasonable doubt.( G.R. No.
187725, Jan. 19, 2011)

4. Associative evidence
 Pieces of evidence which could link the suspect to the crime scene and victim by means of clues,
hints, and personal properties.

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Examples:
 Blood
 Semen
 Saliva
 Fingerprint
 Other body fluids

What is Trace Evidence? It refers to minute samples of a substance, particularly fibers, hairs, glass
fragments, paint chips, arson debris, footwear and tire impressions.

Phase II - To locate and apprehend the suspect/s

 Surveillance
 Undercover works/assignments
 Informants

1. Surveillance
Is a discreet investigation by keeping persons, places, vehicles, activities or other targets under
physical observation in order to obtain information.

Types of Surveillance:
a. Tailing or Shadowing – observation of person and movement.
b. Casing or Reconnaissance – is the surveillance of building, place or area to determine its
suitability and vulnerability in operations.
 Casing-Police term
 Reconnaissance-military term
c. Roping – surveillance of other things, events, and activities.

Surveillance According to Intensity and Sensitivity:

◦ Discreet –subject person to be watch is unaware that he is under observation.
◦ Close – subject is aware that he is under observation.
◦ Loose – applied frequently or infrequently period of observation varied on each occasion.

2. Undercover Assignment or Work

 Is an investigative technique in which agent or police conceal his/her official identity to obtain
information from the target or subject.

 Uses of Undercover Assignment

a) Security evaluation
b) Gain confidence from the subject
c) Verify information from human sources
d) Uncover concealed identity
e) To install, maintain investigative equipment.

3. Informants
 Is any person who furnishes the police an information relevant to the crime under investigation,
generally, without consideration.

 Informer- is one who furnished information to the police with consideration.

 Types of Informant:
 Anonymous Informant- an informant whose identity is not known like, phone caller,
letter writer or text sender.
 Rival-Elimination-this informant maintains being anonymous. His purpose is to eliminate
rival person or gang due to competition or other motives.
 False Informant.- this informant gives information of no value. His purpose is to appear to
be on the side of the law and for throwing out suspicion by the police from himself or his
associates.
 Frightened Informant - possesses fear to his life. He gives information for self
preservation when his gang is on police trail.
 Self-aggrandizing Informant- delights in surprising the police with bits of information to
impress them in order to gain recognition and acceptance.
 Mercenary Informant- The informant’s information is for sale.
 Double-crosser Informant- pretended to have information to get reason to talk to the
police in order to get more information than he gives.
 Legitimate Informant- desire to give information which derives from legitimate reasons.

 Motives of Informant:
 Vanity- the motive is for self-aggrandizement by gaining favorable attention & importance
from the police.
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  Civic Mindedness- the motive is sense of duty & obligation to assist the police in their task.
 Fear- arises from an apprehension over enemies impending dangers of his life or family, or
fear to be arrested by the police.
 Repentance- those lesser criminals such as accomplices or accessories who have been
bothered by their conscience.

 Phase 3- Gather Evidence against the Accused

 Physical Evidence- any objects or articles found at the CS and has relevance to the crime
committed.
 Testimonial Evidence- testimony taken from victim or witness.
 Documentary Evidence- any records or files that contains letters, symbols, numbers, and
words.

3 Tools in Criminal Investigation

1. Information

 Any knowledge or facts which the investigator had gathered from persons or documents.

Classification of Sources of Information:

a. Regular sources- from records or files from government or non-government agencies,

citizens;
b. Cultivated Sources- information furnished by informants or informers.
c. Grapevines Sources- information coming from the underworld characters such as
prisoners or ex-convicts.

2. Interview
Is a casual or simple inquiry to a person who has knowledge to a crime under investigation.

 Qualities of a Good Interviewer

a. Rapport
b. Knowledge of human behavior
c. Common interest
d. Humility

 Rules of Thumb in Questioning

a. One question at a time
b. Simplicity of question
c. Use open-ended question (A question which provides the desired answer)
d. Avoid using legal term
e. Use known dialect/language of the interviewee

Distinctions of Interview and Interrogation

Interview
 Purpose is to obtain information
 Moderate planning or preparation
 Private or semi-private environment is desirable

Interrogation
 Purpose is to test information already obtained
 Extensive planning or preparation
 Absolute privacy is essential

GOLDEN RULE IN INTERVIEW: Never conduct an interview if the interviewer had not examined and/or
checked the crime scene.

Preliminary Information to be Obtained before Conducting the Interview

 Nature of the crime
 Identity and background of the victim or witness
 Emotional state of the victim or witness
 Names of all parties involved

Types of Interview:
a) On-the-Scene Interview- interview is informal. Conducted by any law enforcement officer who
first arrived at crime scene.
Purpose:
a. To obtain information and description of the suspect; and
b. To effect immediate arrest.
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 b) Formal Interview- conducted by the investigator-on-case.
a. Generally, conducted at the police station

Rules for Conducting a Successful Interview

 Introduced your self
 Developed rapport
 Questioning
Use open-ended questions
Avoid leading and rapid-fire questions
 Close

Methods of Recording Interview:

a) Mental notes;
b) Stenographic notes;
c) Sound recording; and
e) Sound and motion pictures.

 Interrogation
Is the skillful/vigorous questioning of a person suspected of having committed an offense or one
who is reluctant to disclose information regarding the commission of crime.
Purpose of Interrogation:
a. To obtain information;
b. To obtain a confession;
c. To obtain admissions;
d. To learn of the existence and location of physical evidence;
e. To learn the identity of accomplishes;
f. To develop additional leads; and
g. To discover any other crimes in which the suspect participated.

 Techniques in Interrogation
a. Emotional appeals. The investigator will provides touching words that will prompt the suspect
to confide.
b. Sympathetic approach. An offer of friendship by small acts of kindness may win his
cooperation.
c. Muff & Jeff. Two (2) agents are employed. Muff, uses fear tactics. Jeff, a kind hearted man,
who will temper Muff.
d. Shifting the blame. The blame should be shift to outside factors and not to deal with a person
who is a criminal by nature and choice. (The purpose is to win the cooperation of the person)

Basic Rules for Composing Questions

 Short and direct.
 Clear and easily understood.
 Words that suspect can understood.
 Avoid using legal terms, such as burglary and robbery.
 Accusatory questions should be avoided.
 Use open-ended and NOT close-ended.( In this type of question, the person will provide narrative
answer.

Verbal Signs of Deception

 Stuttering or slurring words
 A change in the speed of talking
 Slow speech that suggests a careful planning of each word to avoid incriminating statements
 Use of expletives, profanity, or insistent expressions of truth (e.g., “To be perfectly honest,” or
“Truthful, ”)

Physiological Signs of Deception

 Facial Expressions
Anger - usually most common with the truthful person
Fear - most commonly associated with the deceptive individual

 Eye Contact
◦ Normal eye contact is maintained between 30-40 percent
◦ Deceptive suspects tend to avert their gaze
◦ Truthful persons will generally sustain eye contact longer

 Body Posture
◦ Slumping head and body
◦ No frontal alignment with the interrogator
◦ Sitting with arms or legs crossed
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 ◦ Slouching

Behavioral Signs of Deception

o Evasive and non-committal in answers; frequently, do not answer the question
o Guarded, giving only the briefest of details
o Quick to rationalize (e.g., “I couldn’t have done this because...”)
 Other Indicators of Deceptive Person
◦ An increase in sweating
◦ Changes of color in the skin
◦ A dry mouth, frequent swallowing, wetting of the lips, or indications of thirst

 Comparison of Mental and Mechanical Acts

o Mechanical Act- is human actions which do not involve the use of mental processes or
faculties.
o Mental Acts- is any human action which requires the use or application of mental faculties
or processes to make the specific act.

 Example of Mechanical Acts

a. Physical examination of the suspect;
b. To discharge prohibited drugs from his mouth;
c. Test for alcoholic examination;
d. To remove his apparel, like hat, dress or articles hiding his face;
e. To be fingerprinted and photograph;
f. To submit in paraffin test;
g. To submit himself to police line-up; and
h. To submit to drug test.

 Example of Mental Acts

a. Ordering a person to write to get his handwriting specimen;
b. Ordering a person to speak and answer questions;
c. Submitting a person to lie detector examination test; and
d. Re-enactment of the crime scene.

 Instrumentation/Criminalistics
Is the application of instruments and methods to the detection of crime and examination of physical
evidence.
a. Ballistics
b. Photography
c. Fingerprint
d. Polygraphy
e. Question Documents
f. Legal med.

 What is the meaning of “Crime Scene Processing”?

a. Is the diligent and careful method by an investigator to identify, preserve and collect items of
evidentiary value.

 Basic Equipment of the Investigator

a. Police line
b. Camera, Voice recorder
c. Measuring device
d. Gloves
e. Flashlight
f. Fingerprint kit
g. Evidence bag
h. Evidence tag
i. Evidence bottles
g. Investigator’s tickler

 Three Most Common Methods of Documenting Crime Scene

 Crime Scene Note Taking
 Crime Scene Photograph
 Crime Scene Sketch

 Photographs- used to supply maximum information and to enable the viewer to understand how
the crime was committed.
 Sketches - used the most effective way of showing actual measurement.
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  Note Taking- writing of important observations in the crime scene.

 Golden Rule in the Crime Scene

“DO NOT TOUCH OR MOVE ANY EVIDENCE ONCE IT IS LOCATED UNTIL IT HAS BEEN
PHOTOGRAPHED, SKETCHED, MEASURED AND RECORDED” or “MAC Rule”.

1). Note Taking

 Purpose of Note Taking
a. Serves as personal record of the search for evidence and important details
b. Remains even months after the event
c. Supplement photographs and Sketches.
d. Complete with (5) W’s and (1) H.

2.) Photograph
 Purpose of Photograph
a. To create a visual record of the crime scene
b. To capture specific detail
c. To preserve description of item that degrades through time

 Three (3) Types of Pictorials

 Long-range/General Photographs- photo view that will show the general view of the
Crime Scene
 Mid-range Photographs- photographs taken from 8 to 10 feet from subject.
- Photograph that will show the general view of a subject/object at the crime scene.
 Close-up-range Photographs- photos that will show details of a subject/object.

3.) Sketch

 To get an accurate information about the placement of objects and show relationship and
distances between them.

 Elements of Sketching:
• Measurements- taking the distances of objects at the scene and should be accurate;
• Compass direction- a standard arrow that designate the “North” orientation to facilitate
correct direction;
• Essential Items- important items at the scene
• Scale or Proportion- the size of the scene, size of the drawing paper.
• Legend- refers to the explanation of symbols used to identify the objects found in the crime
scene.
• Title- includes case and victim identification, scene location, date, hour made, and the name
of the sketcher.
 
Team Composition of CSI and Assignments of Duties:
 Officer-in-Charge: One who direct search, assign duties, and assumes responsibility.
 Assistant: He must implement the order of the Officer-in-Charge.
 Photographer: Photo the scene and individual pieces of evidence.
 Sketcher: Makes sketches
 Master-Note-Taker: One who writes down the observation and description.
 Evidence Man: collects, preserves and tags articles of evidence.
 Measurer: Makes over-all measurements of the scene.
 
 Different Methods of Crime Scene Search
a. Strip Search Method- in this method the searchers will start at the side or base of the crime scene
moving forward until it reaches the end of the scene, afterwhich they will return or back with
another lane and move forward.
b. Double of Grid Method- this method is a modification of the Strip Method. The searchers will
traverse first to the base of the crime scene move forward up to the end of the lane, then start
again to the side of the scene moving forward until reaching the end of the CS.
c. Spiral method- the three Searchers follow-each-other in the path of a spiral, beginning on the
outside and spiraling-in towards the center, - or vice versa.
d. Zone or Quadrant- the area to be searched is divided into – quadrants, and each searcher is
assigned in each quadrant.
e. Wheel method- if the area to be searched is approximately circular or oval, the wheel method may
be used. The searchers gather at the center, and proceed out-ward along radii or spokes.

 Important Terminologies

a. Deductive judgment –here, the investigator’s conclusion is made based on theory and analysis.
Collection of evidence will then follow to prove that his theory is right.

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 b. Inductive- here, the investigator will first collects all facts available and basing from those facts
and evidence the judgment will be made.

 Reconstruction of the Crime:

 It is the determination of the appearance of the crime scene, place of objects and circumstances
to determine what actually occurred.

Kinds of Reconstruction:
a. Physical Reconstruction- the scene is reconstructed by the investigator/prober from the
description and account of witness and the indication of physical evidence.
b. Mental Reconstruction- developed by the investigator based on mental analysis from all facts
and circumstances.

What is Neighborhood canvass- is made through interviewing people whom suspect had dealings, saw,
or known him in the area prior the commission of crime. This is essential especially in kidnapping for
ransom.

What is Misfeasance or Irregularity in the performance of duty-the improper performance of some

act which might lawfully be done.

What is Entrapment?- ways and means are devised by law enforcers to trap or capture a criminal while
committing a crime.

What is Instigation?- law enforcers induced or enticed innocent person to commit a crime.

What is Complex crime?-a single act which constitutes two or more grave or less grave felonies, or an
offense which is necessary means for committing the other.

What is Compound crime?- is one where a single act produces two or more crimes.

What is Composite crime/Special Complex crime?- is one which in substance is made up of more than
one crime but which in the eyes of the law is only a single indivisible offense.

What is Crime scene (locus criminis) venue or place where the alleged crime/incident has been
committed.

What is Conspiracy?- it exist when two or persons come to an agreement concerning the commission of a
felony and decide to commit it.

What is Continuing offense?- a crime in which some acts material and essential thereto occur in one
province and some in another.

What is Crime Scene “walk through” ?– it provides the investigator an overview of the entire scene, first
opportunity to locate and view the body, identify physical evidence, and determine initial investigative
procedures necessary.

What is Motive- is the moving power which impels one to commit an act for a definite result.

What is Intent- is the purpose to use a particular means to effect such result.

Who are Agent of Person in Authority-any person who by direct provision of law or by election or by
appointment by competent authority, is charged with the maintenance of public order and the
protection and security of life and property. ( Barrio captain, Barangay chairman).Also, any person who
comes to the aid of person in authority.

Who are Person in Authority- One who is directly vested with jurisdiction to execute or enforce law
(teachers, professors, and person charged with the supervision of public or duly recognized private schools,
colleges, and universities, lawyers)

What is Chain of Custody (Chain of Possession)-a sequential process or step-by-step process of

transferring evidence from one person or office to another person or office indicating the names of all
persons who came into possession of the evidence, time and date, the receiving personnel and the one
who turned over said evidence to include their signatures.

What is Crime Scene “walk through” – will provides the investigator an overview of the entire scene,
first opportunity to locate and view the body, identify physical evidence, and determine initial investigative
procedures necessary.

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What is Evidence-the means sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the
truth respecting a matter of facts .

First responder- the initial responding law enforcement officer and/or other public safety official arriving
at the scene prior to the arrival of the investigator in charge.

What is Inquest- is an informal and summary investigation conducted by a public prosecutor in criminal
cases involving persons arrested and detained without the benefit of a warrant.

What is Information- is an accusation in writing charging a person with an offense subscribed by the
offended prosecutor and filed it in court.

What is Organize Crime- Organized crime - a combination of two or more persons who are engaged in a
criminal activity on a continuing basis for the purpose of profit.

What is Police Blotter - is an 18" x 12" logbook that contains the daily register of all crime incident
reports, official summary of arrests and other significant events reported in a police station.

 ARREST
Is the taking of a person into custody in order that he may be bound to answer for the commission
of an offense.

 Two Types of Arrest

a. With warrant issued by court
b. Warrantless/ Citizens Arrest

 Validity of Warrant of Arrest

No prescription period or time frame, unless the said warrant has been:

a. recalled by the issuing court

b. quashed by higher court
c. bail was availed by the person after his arrest

Note: WOA can be served anywhere in the Philippines.

Reminders:
During the arrest of a person, the arresting agent should informed the person of his/her Miranda
rights.( Miranda versus Arizona , 384 U.S. 436 (1966) .

Exceptions: The warrant has no longer the effect if the following are presents:
a. When recalled by the issuing court
b. When quashed by higher court
c. When bail is availed by the person

Types of Filing Cases:

1. Regular filing- case filed by investigator to the prosecutor arising from a complaint.

Exhibits/Contents of Case Folder:

a. Complainant Sworn Affidavit
b. Witness Sworn Affidavit
c. Medical certificate
d. Photograph of physical evidence
e. Indorsement/referral letter

Steps:

1. The COMPLAINT will be filed by the investigator to the Office of the Prosecutor (OP) for the conduct of
Preliminary Investigation.

 What is Complaint? a sworn written statement charging a person with an offense, subscribed by
the offended party, peace officer or any other officer charged with the enforcement of the law
violated.

 What is 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.

Note: It is in this stage (Preliminary Investigation) where the prosecutor will determine the existence of
probable cause.

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Note: A Preliminary Investigation is required to be conducted before the filing of a complaint or
information for an offense where the penalty prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine.

 Who must prosecute criminal actions. – All criminal actions commenced by a complaint or
information shall be prosecuted under the direction and control of the prosecutor.

 Officers Authorized to Conduct Preliminary Investigations

(a) Provincial or City Prosecutors and their assistants; 

(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
Note: Pursuant to A.M. No. 05-8-26 from the Supreme Court Judges of the MTC, MCTC are no longer
allowed to conduct Preliminary Investigation.

2. Within 10 days after the filing of the complaint, the prosecutor shall either:
a). dismiss it, if he finds no ground to continue with the investigation, or
b). issue a subpoena to the respondent attaching to it a copy of the complaint and other
documents for him to counter.

 Within 10 days from receipt of the subpoena with the complaint and supporting documents, the
respondent shall :
a). Submit his counter-affidavit and that of his witnesses and other supporting documents.
b). The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-
affidavit.

 If the respondent does not submit counter-affidavits within the 10 day period, the
investigating office shall resolve the complaint.
 Within 10 days after the investigation, the investigating officer shall determine whether or not
there is sufficient ground to hold the respondent for trial.
 
Note: If there is probable cause, information will be made by the prosecutor.

Information- is an accusation in writing charging a person with an offense subscribed by the offended
party and filed it in court.

After filing in court, the Court will determine PC. If PC exists, the court will issue Warrant of Arrest (WOA) if
regular filing. If it is Inquest proceeding Commitment Order shall be issued by judge.

2. Inquest Proceeding- it is the mode of filing criminal case against offenders arrested without warrant.

What is Inquest? it is an informal and summary investigation conducted by a public prosecutor in

criminal cases involving persons arrested and detained without warrant for the purpose of determining
whether or not said persons should remain under custody of the police and correspondingly be charged in
court.

Exhibits/Contents of Case Folder:

a. Complainant Sworn Affidavit
b. Witness Sworn Affidavit
c. Affidavit of apprehension
d. Medical certificate
e. Photograph of physical evidence
f. Indorsement/referral letter

Steps:
a. Police will inquest the suspect to inquest prosecutor/fiscal
b. The fiscal will asked the suspect if he wanted to avail Preliminary Investigation (PI)
c. If availed, the suspect will sign a Waiver of Detention (15 days)
d. If not, proceed to resolution/information and filed in court

 Within 10 days from the filing of the complaint or information, the judge shall personally evaluate
the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case
if the evidence fails to establish PC. If he finds PC, he shall issue a WARRANT OF ARREST, or
COMMITMENT ORDER if the accused has already been arrested.
 RULE 113 - ARREST

Sec. 1. What is 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.

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 Sec 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.

 Duty of arresting officer. – deliver him to the nearest police station or jail without unnecessary
delay.  

 Execution of warrant. – 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.

 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.

 Time of making arrest. – An arrest may be made on any day and at any time of the day or
night.

 Method of arrest by virtue of warrant. – shall inform the person to be arrested of the CAUSE
OF THE ARREST and the fact that a warrant has been issued for his arrest, except when he
flees or forcibly resists 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.

 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.

 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 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, after announcing his authority and purpose.

 Bail- is the security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court.

Bail may be given in the form of:

 corporate surety
 property bond
 cash deposit- most commonly use.
 Recognizance-applicable only to minor offenses  

Bail, a matter of right; exception. – All persons in custody shall be admitted to bail as a matter of right,
(a) before or after conviction by the MTC, MTC, or MCTC, and

(b). Before conviction by the Regional Trial court of an offense NOT punishable by death, reclusion
perpetua, or life imprisonment.

 Capital offense defined. – is an offense which, under the law existing at the time of its commission
may be punished with death.
 Note: Capital offense or those punishable by reclusion perpetua or life imprisonment, NOT bailable
if the evidence of guilt is strong.

RULE 126 (SEARCH AND SEIZURE)

What is Search?
Is an examination of an individual’s person, house papers or effects, or other building and premises
to discover contraband or evidence of guilt.

 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 to bring it before the court.

SEC. 3. Personal property to be seized.

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 (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.

SEC. 4. Requisites for issuing search warrant.

 probable cause
 determined personally by the judge after examination under oath of the complainant and the
witnesses
 describing the place to be searched and the things to be seized which may be anywhere in the
Philippines.

SEC. 7. Right to break door or window.—The officer, if refused admittance to the place of directed
search after giving notice of his purpose and authority, may break 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.

SEC. 8. Search of house, room, or premises to be made in presence of TWO witnesses.—NO search of a
house, room, or any other premises shall be made except in:
 presence of the lawful occupant;
 any member of his family
 two witnesses of sufficient age and discretion residing in the same locality.

SEC. 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.

Validity of SW
A search warrant must be served within ten (10) days from its date, thereafter, it shall be void.

SEC. 11. Receipt for the property seized.—The officer seizing property under the warrant must give a
detailed receipt to:
 lawful occupant of the premises, or in his absence
 at least two witnesses
 leave a receipt in the place in which he found the seized property.

Warrantless Searches and Seizures

a. Consent or Waiver search
b. Plain view search
c. Customs search or searches made at airports/seaports
d. Search of moving vehicles
e. Stop and frisk
f. Search Incidental to lawful arrest
g. Search of vessel
h. Exigent circumstances
i. Routine search like boarder checks or checkpoints

 Doctrine of Exclusionary Rule

It means that evidence illegally obtained by law enforcement officer without warrant, shall be
inadmissible as evidence in court. (Weeks v. United States, 232 U.S. 383 (1914), Mapp v. Ohio, 367
U.S. 643 (1961)

 Doctrine of Fruit of Poisonous Tree

meaning, it is an exclusion from trial not only evidence illegally obtained, but also any other
evidence that is derived from illegal act.
Ex: Suppose a person is arrested for kidnapping and later confessed to the crime. If a court subsequently
declares that the arrest was unconstitutional, the confession will also be deemed tainted and ruled
inadmissible. (Silverthorne Lumber Co. vs. U.S, 252 U.S. 385 (1920)

 Silver Platter Doctrine- it means it allowed federal prosecutors to use evidence illegally obtained
in court. (Elkings vs. U.S., 1960)

NOTE:
a. There is be no frustrated theft, only attempted and consummated
b. There is no Kidnapping with multiple rape, only Kidnapping with rape
c. There is no Frustrated Rape, only attempted and consummated
d There is be no homicide with rape, only rape with homicide
e. There is be no Special Complex Crime in Arson like, Arson with homicide
f. There is be no Robbery with murder, only Robbery with homicide
g. There is be Frustrated Arson, only attempted and consummated

“The roots of education are bitter, but the fruit is sweet”. Aristotle
END
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