Cdi 1

CRIME DETECTION AND INVESTIGATION
-I
FUNDAMENTALS OF CRIMINAL
INVESTIGATION
By:
Dean ROMEO A. GERNALE, Jr.
INTRODUCTION
CRIMINAL INVESTIGATION - is an art

which deals with the identity and location of
the offender and provides evidence of his
guilt through criminal proceedings. As it is
not a science, it is not governed by rigid
rules or laws but most often, it is governed
by intuition, felicity of inspiration and to a
minor extent by chance (Tradio, 2000)
It is a law enforcement officer’s work which

applies the principles and practice of
philosophical analysis, science, art and
technical skill proceedings, subject to the
legal rules and forms in which there must be
elucidation of question relating to crime.
Criminal Investigation is considered a

science when we used allied sciences
(forensic science) in the identification of
evidence in a crime.
CRIMINAL INVESTIGATOR - is a public

safety officer who is tasked to conduct the
investigation of all criminal cases as provided
LECTURE NOTES ON FUNDAMENTALS 1
OF CRIMINAL INVESTIGATION
for and embodied under the Revised Penal
Code/Criminal Laws and Special Laws which
are criminal in nature. He is a well-trained,
disciplined and experienced professional in
the field of criminal investigation duties and
responsibilities. (Revised Rules on Criminal
Investigation, DIDM)
CRIMINAL INVESTIGATOR - is a
police/law enforcer who is charged with the
duty to carry out the objectives of criminal
investigation by collecting facts, accomplish
a threefold aim.
CRIME SCENE – refers to the venue or

place where the alleged crime/incident/event
has been committed.
THE THREEFOLD AIM OF INVESTGATION
(a) To identify the guilty party

(b) To locate the guilty party and
(c) To provide evidence of his guilt.
The 1987 Constitution states that among

other things, an arrested person under
custodial investigation is afforded with the
three constitutional rights, Such as:
1. The right to remain silent

2. The right to counsel
3. The right to be informed of the nature
and the cause of the accusation.

PRIMARY JOB OF AN INVESTIGATOR
The primary job of an investigator is to

discover whether or not an offense has been
committed under the law, after determining
what specific offense has been committed. He
must discover how it was committed, by
whom was it committed, where it was
committed, when it was committed, and
under certain circumstances, why it was
committed. In short it must answer the five
W’s and one H of the crime incident.
QUALITIES OF A GOOD INVESTIGATOR
1. Perseverance - the ability to stick to

the task despite of the monotony and
the many obstacles which surrounds
the case.
2. Intelligence – The investigator should
have the ability to think through
situations.
3. Honest – he must be incorruptible and
must possess personal integrity. He
should avoid temptations which may
arise as the investigation goes on.
4. Ability to adopt in his environment
– an investigator must know how to
adopt in his/ her environment. He
should know the weakness and
strength of the people, so that he can
use to his advantage particularly
during interrogation.
5. Possess keen power of observation
and accurate description –

observation implies a clear mental
picture of what is seen. He must train
himself to observe and perceive
persons, places, things, and incidents
as they really are. Also, he must also
possess the ability to learn to describe
what is observed. The accurate and all
inclusive observation by the individual
is meaningless to all even to himself
unless he can tell clearly and precisely
what was seen.
GOLDEN RULES OF AN INVESTIGATOR

UPON ARRIVAL IN A CRIME SCENE
1. Identify and if possible, retain for

questioning the person who first
notified the police.
2. Determine the perpetrator by direct
inquiry or observe him, if his identity is
immediately apparent.
3. Summon assistance if necessary.
4. Safeguard the area by issuing
appropriate orders and by physically
isolating it.
5. Separate the witness in order to
obtain independent statements.
6. Do not touch or move any object for
it can result to the contamination of
evidence.
7. Definitely assign the duties of the
search if assistants are present (SOCO
operatives)

THE THREE TOOLS OF INVESTIGAITON
1. Information-data gathered by a
criminal investigator from other persons
including the victim himself and from
The Three (3) Classes of Information:
 Regular sources – information

gathered from records, files of
agencies, news items and
interviews from the general
populace.
 Cultivated sources – information

gathered upon initiative of the
investigator from paid informants,
GROs, owners of business
establishments, pedicab drivers.
 Grapevine Sources – information

coming from the underworld such
as prisoners and ex-convicts.
2. Interview or Interrogation - The

term interview maybe used to mean the
simple questioning of a person who is
cooperating with the investigator, while
interrogation maybe used to describe
vigorous questioning of one who is
reluctant to divulge information.
3. Instrumentation – scientific
examination of real evidence; application
of instrument and methods of the

physical sciences in detecting crime. This
tool is also known as criminalistics.
SCIENTIFIC ASSISTANCE IN
INVESTIGATION
The twentieth century saw the

development of the use of criminalistics in
investigating crime. The major contributors
to our current knowledge of criminalistics
and their primary contributions were the
following:
1. Alphonse Bertillon (criminal

identification and police photography)
2. Edward Richard Henry (fingerprints)
3. Karl Landsteiner (blood evidence)
4. Calvin H. Goddard (ballistics)
5. Ridolph Reiss (forensic photography)
6. Alec Jeffreys (DNA profiling or genetic
fingerprinting)
PART I
HISTORY OF INVESTIGATION
ETIOLOGY

The word investigation was derived from the
Latin word “INVESTIGATUS” (investigare
and vestigare combined) which means to
trace or to track.
I. ENGLAND
The Thief Taker System
Thief-Takers were private citizens,

with no official status, who were paid by the
king for every criminal they arrested, similar
to the bounty hunters of the American West.
Jonathan Wild was well known

among the criminal element in London as a
brothel operator and the first great criminal
mastermind in England. He conceived the
idea of charging a fee for locating and
returning stolen property to its lawful
owners.
The Bow Street Runners
Henry Fielding, the eighteenth

century novelist best known for writing Tom
Jones, can also be credited with laying the
foundation for the first modern police force.
He formed a small investigative unit,

which they called the Bow Street Runners.
These were private citizens who were not by
public funds but were permitted to accept
thief-taker rewards.

John Fielding, was the younger
brother of Jonathan Fielding that is credited
to give name in the organization. He
introduced the practice of developing paid
informants, printing wanted notices,
employing criminal raids, and bearing
firearms and handcuffs.
The London Metropolitan Police
The “Met” was created through the

efforts Sir Robert Peel, who successfully
managed to have the Metropolitan Police act
of 1829 passed by Parliament. The first
officers were named “Bobbies” after Sir
Robert Peel. They were housed in a building
that had formerly been occupied by Scottish
royalty, thus all police officers and the public
referred to the London Metropolitan Police as
Scotland Yard.
Criminal Investigation Division
CID was created and put in charge of both

headquarters and division detectives. The
CID was placed under the civilian leadership
of Howard Vincent, a London lawyer.
Jack the ripper murders was one of the

most infamous crimes that the CID and the
London Metropolitan Police faced. Between
August to November 1888, there is a series

of murder happened in London that targeted
prostitutes. According to reports, victims of
the murder are being raped before being
mutilated and left in the streets.
II. FRANCE
Cardinal Mazari - led the way in developing

specialized detectives which he called
exempts. But it was later on abolished by
Napoleon Bonaparte and created the
Security Police of France also known as
Police De Surete
Eugene Francois Vidocq – He was a

criminal and police informant who became
the leader of the first police detective bureau
of France. Vidocq whose maxim was “it
takes a thief to catch a thief’’ was
responsible for what has become known as
the French method of detective work.
Because it was Vidocq’s contention that
major crimes and criminals were best
handled by criminals themselves he quickly
hired about twenty ex-convicts he had
known in prison.
III.UNITED STATES
Philadelphia Police Department – credited

as the first daytime paid police department in
the United States.
Allan Pinkerton – America’s founder of
Criminal Investigation. He became the first
detective in Chicago and pioneered many
investigative techniques such as shadowing,
surveillance and undercover operations.
Francis Tukey – became the pioneer

detective in Boston.
Kate Warne – was the first female detective.

Allan Pinkerton’s private security agency
hired Warne’s services and also responsible in
protecting President Lincoln during the
outbreak of the civil war.
The Secret Service - The Secret Service

was created by the Congress in 1865 as
bureau of the Department of the Treasury to
preclude the counterfeiting and forgery of
products of the government’s monetary
system.
Also the secret service shall have the

responsibility of protecting the president, the
vice president; the immediate families of the
president and vice president; the president-
elect and the vice president elect and their
immediate families; former president and
their wives, along with their children; major
presidential and vice presidential and
candidates and visiting heads of foreign
governments.
Texas Rangers – was organized as the first

law enforcement agency with statewide

investigative authority. The forerunner of the
Federal Bureau of Investigation.
INTERPOL – INTERPOL or the

International Criminal Police
Organization is worldwide organization
established to enhance cooperation among
nations regarding common police problems.
Interpol was founded in 1923 and the

United States became a member in 1938.
The mission of Interpol is to track and
provide information that may help other law
enforcement agencies apprehend criminal
fugitives, thwart schemes, exchange
experience and technology and analyze
major trends of international criminal
activity. It attempts to achieve its mission by
serving as a clearing house and depository of
intelligence information on wanted criminals.

PART II
THE PROCESS OF INVESTIGATION
Investigation
Investigation is the systematic and

thorough examination is that inquiry into
something or someone (collection of facts or
information) and the recording of this
examination or inquiry in a report.
THE ROLE OF AN INVESTIGATOR
The role of the investigator is distinctly

and significantly different from the role of
the attorney. The attorney’s role is to
present the facts and arguments that most
favor to win his or her client. The attorney
has an obligation to win the case for the
client. The attorney is an advocate; the
investigator is a truth seeker.
The role of an investigator is also

different from the role of a criminalist. The
latter is only responsible in collecting,
handling and preserving evidence which may
have a significance in the investigation but
the former has the responsibility over the
whole case. He must identify the
perpetrator, locate him and provide evidence
for his guilt.

TRICHOTOMY OF CRIMINAL
INVESTIGATION
1. Training refers to the academic

and technical preparations of
criminal investigators.
2. Tools refer to the devices and
equipment used in criminal
investigation.
3. Technique is more on the unique
means and processes applied in
dealing with varied crimes and
incidents.
THE BURDEN OF PROOF
The Burden of Proof refers to establishing

the validity and factuality of the allegation
against the accused which is the paramount
issue in any civil or criminal trial. In a
criminal case it is the prosecution who
bears the responsibility of showing beyond a
reasonable doubt that the accused
committed the alleged crime, rather than the
defense being required to prove his or her
innocence.
TYPES OF INVESTIGATION
Investigation can be categorized into a

few main types:
 Criminal or Non-criminal
investigations

 Reactive or Proactive
investigations
 Overt or Covert investigation
A. CRIMINAL-NON CRIMINAL
A crime is any act that the government

has declared to be contrary to the public
good, that is declared by statute to be crime
and that is prosecuted in a criminal
proceeding. Crimes are usually investigated
by the public police with the legal goal of
prosecuting the person responsible for the
crime. Criminal investigations, however, can
also be conducted by private investigators.
Non-criminal investigation involves the

investigation of non-criminal incidents or
events. This may be conducted by the public
police or private investigators. The main
difference between noncriminal
investigations by the public police and
private investigators is that police
investigations are funded by the
government, whereas private investigations
are paid for by individual clients.
B. REACTIVE-PROACTIVE
A reactive investigation is one that is

instigated on the basis of a complaint
registered by a victim or client. For example,

a person is the victim of a robbery and
reports this robbery to the police-the police
conduct a reactive investigation.
There are two types of reactive

investigations:
1. the preliminary investigation and

2. the follow-up or latent investigation.
The preliminary investigation is the

initial inquiry into a reported crime and is
generally conducted by a uniformed patrol
officer. The first arriving uniformed patrol
officer establishes control of the crime scene,
determines if additional assistance will be
necessary and notifies supervisors and
investigators, if appropriate for further
investigation.
The follow-up or latent investigation is

conducted by police investigators or
detectives and involves all searches,
conducting surveillances and following other
investigatory practices
Proactive investigations are investigations

conducted by the police based on their own
initiative. The proactive investigation is
designed to catch a criminal in the act of
committing a crime, rather than waiting until
a citizen reports are decoy operations,
repeat offender programs, and undercover
drug operations

Decoy operations take several forms,
among them blending and decoy. In
blending, officers dressed on civilian clothes
try to ``blend’’ into an area and patrol it on
foot or in unmarked police cars in an attempt
to catch a criminal in the act of committing a
crime. Officers may target areas where a
significant amount of crime occurs, or they
may follow particular people who appear to
be potential offenders.
In decoy, officers dress as and play the

role of potential victims-drunks, nurses,
businesspeople, tourists, prostitutes, blind
people, isolated subway riders or defenseless
elderly people. The officers wait to be
subject of a crime while a team of backup
officers as ready to apprehend the violator in
the act of committing the crime.
In undercover drug operations, officers

pose as purchases of illegal drugs and arrest
the dealers at the point after the purchase.
In low-level, “buy and bust’’ undercover drug
operations, a police backup team usually
arrests the dealer shortly after the purchase.
Some people believe that proactive
investigations involve entrapment by the
police. This belief is wrong because these
proactive actions by the police do not force
people to violate the law, they merely
provide opportunity for people to do so.
Providing a person on opportunity to violate
the law is not entrapment.

C. OVERT-COVERT
An overt investigation is one that is

conducted openly- investigators not try to
hide their true identity or hide the facts that
they are conducting the investigation. A
covert investigation, on the other hand, is
conducted in secret-the investigator tries to
hide his identity and the fact that he
conducting an investigation.
THE SIX CARDINAL POINTS OF

INVESTIGATION
 When questions - When did the

crime or incident occur?
 Where questions- Where was the
crime or incident discovered?
 Who questions - Who is the victim?
 What questions - What happened?
 How questions - how did the crime
or incident take place?
 Why questions - Why did the crime
or incident take place?
PATTERNS, LEADS, TIPS AND THEORIES
A pattern is series of similarities hat may

link particular cases or incidence that the
same person is committing a series of
crimes. Patterns could include time of day,
day of week, description of the suspects,

MO, type of weapon being used, type of
victim, location and other variables.
Leads are clues or pieces of information that

aid in the progress of an investigation. Leads
can be physical evidence or information
received by witness or other persons or
through surveillances, undercover
investigations, and record searches.
Tips are leads provided by citizens that aid

the progress of an investigation. Generally,
tips involve the identity of the suspect.
Theories are beliefs regarding the cause

based on evidence, patterns, leads, and
other information developed or uncovered in
a case. Theories are important because they
direct the investigation. Investigators have
to be very careful in building theories about
a case, because if the theory is wrong, it any
lead them I the wrong direction.
MODUS OPERANDI
means “method of operation”. The

modus operandi file enables the
investigators to recognize a pattern of
criminal behavior, to associate a group of
crimes with single perpetrator to enable
them to predict, approximately, the next
target of the criminal, and to assist
complainants, eyewitnesses and
investigators to recognize the perpetrator by

means of the recorded information
concerning the characteristics of his
criminal activities.
The modus operandi records are
classified and files in such a way as to assist
in identifying the crime as one committed a
known criminal or as one of a series
committed by unidentified criminal.
MAJOR GENERAL SIR LLEWELY

ATCHERLY – Devised the word modus
operandi which is later on adopted in almost
all law enforcement agencies in the world.
Modus Operandi is composed of the following
information:
a. Property- The nature of the stolen

property provides an excellent clue in crimes
which involves in a robbery or theft.
b. Description- If the criminal was

observed, verbal description is usually the
most important clue to the identity of the
perpetrator.
c . Observation at the Scene- The data of

the scene are important since they may
result in useful pattern. Thus, the objects
and substances seen, tasted or felt will
contribute to the complete picture.
d. Motive- In addition to the acquisition of

property, there are many other criminal
motives. Thus, in murder, rape, and assault,
in general, a pattern of behavior may be

discerned in the course of a series of crime.
This observation is particularly true with
regard to the crimes accomplished by the
psychopaths.
e. Time -The time at which the crime was

committed is an element in the pattern.
Naturally, since the exact moment of
occurrences cannot be readily established in
many cases, the investigator must endeavor
to establish the time of occurrences between
determinable limits.
f. Peculiarities -From evidence, weakness

of character will ordinarily revel themselves
in the uninhabited surroundings of the crime.
Peculiarities such as partaking of the victim’s
liquor, psychopathic, defecation and theft of
inconsequential items such as ties or cuff
links are particularly significant.

PART III
METHODS OF OBTAINING INFORMATION
INTERVIEW as we discuss earlier, is the

questioning of a person who is believe to
possess knowledge that is official interest to
the investigator. This is important because in
most cases, interviews are the only source of
information and great part of investigation is
devoted to them.
BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No

law compels a person to talk to the police if
he does not want to. Therefore, people will
have to be persuaded, always within legal
and ethical limits, to talk to law enforcers.
This makes interviewing an art.
THE I.R.O.N.I.C. FORMAT
The interview can be described by its

acronym “IRONIC” which stands for
IDENTITY, RAPPORT, OPENING STATEMENT,
NARRATION, INQUIRY, and CONCLUSION.
 Identity – prior to the commencement

of an interview, the investigator should
identify himself to the subject by
name, rank and agency.
 Rapport – it is good to get the positive
feeling of the subject towards the
investigators, such friendly atmosphere
is vital for both the subject and the
investigator
 Opening Statement – investigator
must have to indicate why the subject
is being contacted.
 Narration – the witness should be
allowed to tell all he knows with little
interruptions from the investigator.
 Inquiry – after all information have
been given by the subject, that is the
time for the investigator to ask
questions to clarify him about the case
under investigation.
 Conclusions – after the interview, it is
but proper to close the interview with
outmost courtesy and thanking the
subject for his cooperation.
RULES TO BE OBSERVED IN
QUESTIONING
1. One questioning at a time – to avoid

confusion
2. Avoiding implied answer – suggesting
the answer to the interviewee
3. Simplicity of the questions – try to
rephrase complicated questions.
4. Saving faces – avoid to embarrass and
ridicule the witness.
5. Avoid close ended questions (questions
answerable by yes or no)

STAGES OF INTERVIEW IN CRIMINAL
CASES
1. Preparation – the investigator should

mentally review the case and consider
what information the subject can
contribute. He must acquaint himself
with the background of the witness, he
must plan his interview.
2. Approach – the investigator should
show his credentials and inform the
subject his identity. This is done to
avoid misunderstanding and future
charge of misinterpretation.
3. Warming up – preliminary subject
matter of the conversation must be
focus to warm-up the atmosphere, to
promote cordiality and trust to each
other. The witness should be given
every opportunity to give complete
account without interruption.
4. Questioning – the interviewer should
start questioning on points he wants to
elicit. Elements of the crime should
guide the investigator in his
questioning.
TYPES OF WITNESSES – the following are

the different types and attitudes of subjects
he may encounter.

1. Know-nothing type – these are
persons who are reluctant to
become witnesses and particularly
true among uneducated persons.
2. Disinterested type –
uncooperative and indifferent
persons. His interest should be
stimulated by stressing the
importance of the information he
possesses.
3. Drunken type – flattery can
encourage the drunk to answer
questions and develop self-interest.
But it is not advisable to take
written statements from a person
when he is drunk.
4. Talkative type – the investigator
must find ways to shift the
talkativeness of this person to those
matters useful in the investigation.
5. Honest type – honest and
cooperative witnesses will be the
ideal witnesses.
6. Deceitful type –he should be
permitted to lie until he is well
enmeshed with falsehoods and
inconsistencies. A recording of lies
is extremely effective in the
playback.
7. Timid type – the investigator
should employ friendly approach
and should spend some time in
explaining that the information will
be treated as a confidential matter.

8. Boasting Egoistic or Egocentric
type – patience and flattery are
necessary for they will be good
witnesses. Unfortunately they are
prone to color their story and put
unwarranted emphasis on their
part.
9. Refusal to talk type – most
difficult, but investigator must
persevere and neutral topics must
be first taken.
INTERROGATION – the skillful questioning

of a person suspected of having committed
an offense that is reluctant to make full
disclosure of information in his possession
which is pertinent to the investigation.
PURPOSE OF INTERROGATION
1. To obtain confession of a crime.

2. To induce the suspect to make
admission.
3. To learn the facts of the crime.
4. To learn the identity of the
accomplice.
5. To develop information this will lead
to the recovery of the fruits of the
crime.
6. To discover the details of other
crimes participated by the suspect.

TYPES OF INTERROGATION
1. Narrative type – the interrogator

gets the subject’s story as narrated.
The investigator must be observant
of all conditions and words used.
This type of interrogation is good to
those subjects who are willing to
talk.
2. Question and Answer Type - if
the subject is talking, the
investigator must wait until the
completion of the narration and
then ask questions. It presupposes
a great deal of knowledge by the
investigator about the case and
about the subjects.
TECHNIQUES IN INTERROGATION
1. Emotional Appeal – the

investigator must place the subject
in the proper frame of mind. He
must provide emotional stimuli that
will prompt the subject to unburden
himself by confiding.
2. Sympathetic Appeal – the suspect
may feel the need for sympathy or
friendship when he is apparently in
trouble. Gestures of friendship may
win his cooperation.
3. Extenuation – the investigator
indicates he does not consider his

subject’s indiscretion a grave
offense.
4. Shifting the blame – the
interrogator makes clear his belief
that the subject is obviously not the
sort of person who usually gets
mixed up in crime like this. The
interrogator could tell from the start
that he was not dealing with a
fellow who is a criminal by nature
and choice.
5. Mutt and Jeff Method - also
known as Sweet and Sour Method.
In this technique these are
employed:
-Mutt, the relentless
investigator, who is not going
to waste any time because he
knows the subject is guilty
- Jeff, is a kind-hearted man
that offers friendship to the
suspect.
6. Bluff on a Split Pair – this is
applicable when there is more than
one suspect. The suspects are
separated and one is informed that
other has talked.
7. Pretense of Physical Evidence –
the investigator may pretend that
certain physical evidence has found
by laboratory experts against him.
8. Jolting – may be applied to calm
and nervous subjects by constantly
observing the suspects, the
investigator chooses a propitious

moment to shout a pertinent
question and appear as though he is
beside himself with rage.
PHYSIOLOGICAL SYMPTOMS OF GUILT
1. Sweating – if the face is flushed,

anger is indicated. Embarrassment
or extreme nervousness may also
be the case. A pale face indicates
fear or shock. Excessive sweating
may indicate tension or
nervousness.
2. Color Change – a flushed face
indicates anger, shame or
embarrassment but a pale face is a
more reliable sign of guilt.
3. Dry mouth – great nervous tension
is present. This is considered as a
reliable symptom of deception.
4. Pulse – an increase in the rate of
heart bear is indicative of
deception. The pulse beat is
observable at times in the neck.
5. Breathing – deception is indicated
by an effort to control breathing
during critical questions.
DESCRIPTION OF THE INTERROGATION

ROOM
The room must be free from distraction

and should be designed not to give more

encouragement for the suspect. The following
are some of the ideal requirements:
a. Privacy
b. Simplicity
c. Seating Arrangement
d. Technical Aids - recording
installation, listening device,
two-way or one way mirror
ADMISSION – an admission is a self-

incriminatory statement by the subject falling
short of an acknowledgement of guilt. It is an
acknowledgement of fact or circumstance
from which guilt maybe inferred.
CONFESSION – a confession is a direct

acknowledgement of the guilt. Confessions by
duress, coercion, extreme psychological
restraint are not admissible in the court.
Types of Confession:
1. Extra-Judicial Confession – those

made by the suspect during custodial
investigation.
2. Judicial Confession – those made by
the accused in open court. The plea of
guilt may be during the arraignment or
in any stage of the proceedings where
the accused changes his plea of not
guilty to guilty.

RULES TO BE OBSERVED IN TAKING
CONFESSION OR ADMISSION
1. Confession or admission must be taken

preferably in writing and under oath.
2. It must be written in the language
known and understood by the accused.
If not, it must be clearly translated.
3. It must be freely and voluntary given
by the accused.
4. Under the New Constitution, it must be
taken in the presence of competent
and independent counsel chosen by the
accused.
INFORMANTS – an informant is a person

who gives information to the investigator. He
may give the information openly or offer to
be a witness, or he may inform the
investigator surreptitiously and request to
remain anonymous.
DIFFERENT TYPES OF INFORMANTS
1. Anonymous Informant – he may be

an anonymous telephone caller or
anonymous letter writer.
2. Rival Elimination Informant – his
purpose is to eliminate rival or
competition.

3. False Informant – reveals
information usually of no consequence.
He may do so out of the desire to
appear to be on the side of law and
order and for the purpose of throwing
suspicion from himself or his gang or
associates.
4. Frightened Informant – he is usually
pushed by fear or self-interest.
5. Self-aggrandizing Informant –
delights in surprising the police with
choice bits of information. From time to
time, his information may be of value.
6. Mercenary Informant – a type of
informant that has always something
to sell to the police officers. He may be
a valuable source.
7. Double crosser Informant – uses his
seeming desire to give information as
an excuse to talk to the police in order
to get more information from them
than he gives.
8. Woman Informant – maybe the
female associate of any criminal. She
maybe able to give valuable
information.
9. Legitimate Informant – will include
operators of licensed premises who do
not want their place of business to
become hangouts of dangerous
criminals
MOTIVES OF INFORMANTS IN GIVING

INFORMATION

1. Vanity – the self-aggrandizing
person who delights in giving
information to gain favorable
attention from the police
authorities.
2. Civic Mindedness – public spirited
person who is interested in seeing
that justice is done.
3. Fear – the person under an illusion
of oppression by enemies or of
other pending dangers.
4. Repentance – the person, usually
an accomplice who has a change of
heart.
5. Avoidance of Punishment –
apprehended person will give
information in the commission of a
crime in order to avoid prosecution.
6. Gratitude or Gain – willing to
cooperate in giving information to
express appreciation or to obtain a
privilege.
7. Competition – person who is
wishing by this means to eliminate
his competitors
8. Revenge – person who wishes to
settle a grudge because of someone
else informed against him took
advantage of him or otherwise
injured him.
9. Jealousy – a person who is envious
of the accomplishment of
possession of another and wishes to
humiliate him

10. Remuneration –the person
who informs solely for the monetary
or other material gain he is to
receive.
TRACING AND SOURCE
Tracing – is the application of all procedures

for the search of persons
Source of information – is the application

of various sources of information in
connection with the criminal investigation.
Tracing missing person –is anyone

reported missing who is a minor or on major
age is seriously affected with mentally or
physically, or absent under circumstances
which would indicate involuntary
disappearance.
Usual Crimes and Condition Associated

with Missing Person:
1. Homicide or Murder
2. Suicide
3. Stimulated Suicides
4. Extortion
5. Amnesia
6. Psychosis
7. Abandonment

PART IV
SURVEILLANCE AND UNDERCOVER

INVESTIGATION
SURVEILLANCE – is the secret observation

of persons, places, and vehicles for the
purpose of obtaining information concerning
the identities or activities of the subject.
SURVEILLANT – is the person who

maintains the surveillance or performs the
observation.
SUBJECT – refers to the person or placed

that is under watched.
KINDS OF SURVEILLANCE
1. SURVEILLANCE OF PLACES
*reconnaissance. This type of
surveillance is used to detect
anomalies in an organization. It is
also use to detect gambling,
prostitution and drug dens.
Equipment used in the surveillance

of place
1. Picture camera with telephoto

lenses
2. Binoculars
3. Tape recording apparatus
4. Wire-tapping device
5. Other recording instruments

2. TAILING OR SHADOWING – is
the act of following a person. This
is done to detect evidences of
criminal activities, to establish the
associates of the suspect, to find a
wanted person, to protect a
witness and also to check the
loyalty of employees in an
establishment where the theft or
robbery occurs.
The different methods of

shadowing
 One man shadow – the most

common because it involves the use
of the least number of men.
 Two man shadow – this is more
advantageous because it permits
immediate change and are less
likely to be recognized.
 Three man shadow or ABC
method
3. Undercover investigation or
“roping” – is a form of
investigation in which the
investigator assumes a different
and unofficial identity in order to
obtain information.
Objectives of Undercover Work
1. Obtain Evidence

2.Obtain Information
3.Checking Informant
4.Checking Loyalty
5.Checking Subversive Organizations
6.Security Check
7.Preliminary to Search or Raid
PART V
THE LEGAL ASPECT OF CRIMINAL
INVESTIGATION
At the heart of criminal investigation is

the RULE OF LAW. as it applies to the duties
of the investigator, the rule of law dictates
what officers can and cannot do while
performing their duties. The following are
some legal doctrines in criminal law basically
used in criminal investigation:
1. Exclusionary Rule – 1914, in Weeks

Versus USA. The US Supreme Court
decided a rule that federal courts may not
accept evidence obtained by
unreasonable search and seizure
regardless of its relevance to a case.
2. Fruit of the poisonous tree Doctrine –

provides that evidence obtained as a
result of an illegal operation must be
excluded from trial (Mapp vs Ohio)
3. Miranda Doctrine – requires that the

suspects must be informed of their right
to remain silent, and to have an attorney
present during questioning process.

EVIDENCE
Is the means, sanctioned by these

rules (rules of evidence), of ascertaining in a
judicial proceeding, the truth respecting a
matter of facts.(Section 1,rule 128, rules of
evidence)
The rules of evidence shall be the same

in all courts and in all trials and hearings,
except otherwise provided by law and these
rules.( Section 2,rule 128, rules of evidence)
ADMISSIBILITY OF EVIDENCE
Evidence is admissible when it is

relevant to the issue and is not excluded by
the law. ( Section 3,rule 128, rules of
evidence)
DESTINCTIONS BETWEEN EVIDENCE

AND PROOF
Evidence is the means of proof;

whereas Proof is the result of evidence which
demonstrates to the satisfaction of the court
the truth respecting a matter of fact or fact
sought to be established.
DESTINCTIONS BETWEEN FACTUM

PROBANDUM AND FACTUM PROBANS

Factum Probandum is the ultimate
fact sought to be established; while Factum
Probans is the evidentiary fact by which
the ultimate fact (factum probandum) is to
be established.
KINDS OF EVIDENCE
A. Depending on its ability to establish

the fact in dispute, an evidence may be:
1. Direct evidence- evidence which proves

the fact in dispute without the aid of any
inference or presumption.
2. Circumstantial evidence- such evidence

from which the existence of a particular fact
on dispute may be inferred as a necessary or
probable consequence.
B. Depending on the degree of its value

in establishing a disputed, an evidence
may be:
1. Prima Facie evidence-evidence which

suffices for the proof of a particular fact until
contradicted and overcome by other
evidence.
2. Cumulative evidence-evidence which is

of the same kind and character as that

already given and tends to prove the same
proposition.
3. Corroborative evidence-evidence which

is of a different kind and character a that
already given and tends to prove the same
proposition.
4. Conclusive evidence-evidence which is

incontrovertible or one which the law does
not allow it to be contradicted.
C. Depending on its weight and

acceptability, evidence may be:
1. Primary or best evidence-evidence

which affords the greatest certainly of the
fact in question.
2. Secondary evidence- evidence which is

inferior to the primary evidence.
D. Depending on its nature, evidence

may be:
1. Object evidence-evidence addressed to

the senses of the court and is capable of
being exhibited to examined or viewed by the
court. Also known as autoptic evidence.
2. Documentary evidence-evidence which

consists of writings, numbers, figures,
symbols, or other modes of written
expressions offered as proof of their contents.

3. Testimonial evidence-evidence which
consist of the narration or deposition
knowledge of that to which he is testifying.
E. Depending on its quality, evidence

may be:
1. Relevant evidence-it has a relation to

the issue and is not excluded by law as
competent evidence.
2. Credible evidence-It is not only

admissible evidence but also believable and
used by the court in deciding a case.
HEARSAY RULE
HEARSAY- those which are considered as

hearsay and thereof inadmissible, this occurs
when the purpose for introducing the our-
court statement is to prove the truth of the
facts asserted therein;
NON-HEARSAY- Admissible. This occurs

when the purpose for introducing the
statement is not to prove the truth of the
facts asserted therein but only the making of
the statements and are admissible in
evidence when the making of the statement
is relevant. These are so called
INDEPENDENTLY RELEVANT
STATEMENTS.

EXCEPTIONS TO THE HEARSAY RULE-
those which are hearsay but are considered
as exceptions to the hearsay rule and are
thereof admissible. These are form Section 37
to 47 of Rule 130.
1. Dying declaration
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation of tradition regarding
pedigree
5. Common reputation
6. Res Gestae
7. Entries in the ordinary course of business
8. Entries in official records
9. Commercial lists
10. Learned treaties
RIGHTS OF A WITNESS
 To be protected from irrelevant,

improper or insulting questions and
from harsh or insulting demeanor;
 Not to be detained longer than the

interests of justice require;
 Not to be examined except only as to

matters pertinent to the issue,
 Not to give an answer which will tend

to subject him to a penalty for an
offense unless otherwise provided by
law.

COURT TESTIMONY - Investigators often
called into court before other official bodies
to present testimony, and juries are often
influenced by their appearance and
demeanor on the witness stand. It is that
investigators have a working knowledge in
courtroom procedures and the proper way to
appear and testify in court.
QUALIFICATION OF WITNESSES
QUALIFICATION - Except as otherwise

provided in the rules, all persons who can
perceive and perceiving and can become
witness.
PRIVILEGED COMMUNICATION BETWEEN

PRIEST AND PENITENT-The confession
must have been made to the priest in his
professional character in the course of
discipline enjoined by the church to which he
belongs. The communications are made in
conditional and penitential in character.
PRIVILEGED COMMUNICATION TO
PUBLIC OFFICERS-The holder of the
privileged is the government acting through a
public officer.
The communication was given to the public

officer in confidence. The communication was
given during the term of office of the public
officer or afterwards.

The public interest would suffer by the
disclosure of the communication.
OTHER PRIVILEGED MATTERS
The guardian ad litem shall not testify in any

proceedings concerning any information,
statement or opinion received from the child
in the course of serving the court as a
guardian ad litem, unless the court finds it
necessary to promote the best interests of
the child.(Sec. 5 of the Rule On Examination
Of a Child Witness)
TEN COMMANDMENTS OF COURTROOM

TESTIMONY
I. Relax and be yourself

II. Answer only question that are before
you
III. Refer to your report only when allowed
IV. Paint the crime scene just as it was
V. Be ready to explain why you are
remembering details in court if they are not
in your report
VI. Avid jargon or unduly difficult language
VII. Avoid sarcasm
VIII. Maintain your detachment
IX. You don’t need to explain the law
X. Explanation of what you said is
possible on rebuttal

PART VI
THE CRIME SCENE
CRIME SCENE - may be defined as

the area where a crime has been(the inner
perimeter), the immediate area surrounding
the scene, including any entrances and exit
to and from the scene(the outer perimeter)
and anywhere that evidence of the crime can
be found(extended perimeter).
A crime scene can be extended from

the actual area in which the crime occurred
to any area where the suspect flees to leaves
evidence. It involves the initial interview of
the first law enforcement patrol officer to the
scene and the response of the investigator
and criminalist or crime scene unit. It
also involves their efforts to preserve the
integrity of the crime scene evidence,
photograph and sketch the scene, and
attempt to reconstruct the events that
transpired at the scene.
THE FIRST RESPONDING POLICE

OFFICERS
Typically when there is a crime

incident, the first responder to arrive at the
crime scene is the first law enforcement
officer and/or other public safety officer prior
to the arrival of the crime scene
investigators. As such, he should be alert
and attentive when entering a crime scene.

He must secure and protect the crime scene.
(Salangad, 2012)
INVESTIGATORS
Upon notification that a serious crime

has been committed, the investigator is
expected to respond immediately to the
crime scene. Once on the scene, the first
step the investigator should take is to
interview the first responding patrol officer
who is already there keeping in mind that
person’s duties. The investigator should
question the patrol officer about possible
suspects or witnesses who may still be
present and the exact conditions that were
present when he arrived.
Once the investigator has interviewed

the first patrol officer, he must take charge
of the crime scene by clearing it of all
unauthorized persons. In most law
enforcement agencies in the United States,
the investigator or detective is the highest-
ranking member of the police department a t
the crime scene and so makes the key
decisions about processing the scene and
investigating the crime.
THE CSI TEAM
1. Team Leader
2. Evidence Collector(s)
3. Crime Photographer
4. Health or Medical Officer

5. Sketcher and Measurer
6. Evidence Custodian
7. Security Officers
THE CRIMINALIST/ CRIME SCENE

UNIT/ CRIME SCENE INVESTIGATORS
(CSI)
Many police departments employ the

services of criminalists, sometimes referred
to as forensic technicians or crime scene
technicians. These individuals generally
work in a police department’s crime lab and
respond to crime scenes, where they collect
and process by physical evidence as
requested by the primary investigator.
Some police departments employ the

services of a separate crime scene unit,
which responds to crime scenes to collect
and process physical evidence. The evidence
is then brought to crime lab, where it is
further processes by criminalists. Often,
crime scene units consist of specially trained
police officers or a combination of police
officers and criminalists.
CRIME SCENE PRESERVATION
Preserving the crime scene evidence is

often the key to the proper processing of the
scene and the eventual admission of

evidence in a court for the successful
prosecution.
The goal of a crime scene investigation

is to preserve the scene in as pristine-pure
and unchanged- a condition as possible for
as long a time as possible, In other words,
conditions at the scene should remain as
close as possible to the conditions that
existed when the crime occurred.
PROTECTING THE CRIME SCENE
The public and other unauthorized

persons (persons not involved in the actual
investigation must be kept away from the
crime scene. The best way to do this is to
establish a police line-an area where the
public or other unauthorized persons are not
permitted to enter. The police line is
generally established by roping off the
outside perimeter of the crime scene with
police barriers and brightly colored crime
scene tape. “Crime Scene-Do Not Enter’’
signs are placed on the barriers and the
tape. The physical presence of uniformed
officers of the line also assists in the
protection of the crime scene.
THE DIFFERENT METHODS OF SEARCH
1. STRIP METHOD
2. SPIRAL METHOD

3. ZONE METHOD
4. WHEEL METHOD
1.Strip Method - The searches (A, B, & C)

proceed slowly at the same pace along the
path parallel to one side of the rectangle. At
the end of the rectangle, the searcher turns
and proceed back along new lanes but
parallel to the first movement.
Figure 1. Strip Method
2.Spiral Method - The searchers follow

each other in the path of a spiral, beginning
in the outside and spiraling in towards the
center.

Figure 2. Spiral search method
3.Zone Method - The area to be searched is

divided into quadrants and each searcher is
assigned to one quadrant.
Figure 3. Zone method

4. Wheel Method - If the area to be
searched is approximately circular or oval,
the wheel method may be used. The
searcher gather at the center and proceed
outward along radii or spokes. The principal
drawback of this method is that the distance
between the searchers increases as they
depart from the center.
Figure 4. Wheel Method
THE CRIME SCENE RULES
 Do not use the crime as temporary

headquarters

 Do not unnecessarily touch anything.
This prevents the destruction of evidence
and avoids the embarrassment of having
your fingerprints on evidence
 Get names of all persons present at
scene, including police officers, coroner, and
so on, and forward the list to the police
identification unit for the elimination
fingerprint comparison
 Keep all unnecessary persons out of
the crime scene
 Do not wrap any evidence that might
contain fingerprints in any type of cloth. Use
paper envelopes or paper bags
 If outdoors, rope off area and protect
evidence from the elements , if possible
without moving it
 Try to determine points of entry and
exit
 Examine for presence of latent prints
 Locate any objects that might have
been handled by the suspect and process
them.
 Maintain a copy of the case history for
your files
STEPS IN PRIMARY PROCESSING THE

CRIME SCENE
 Safeguard and secure the scene

 Visually inspect or scan the crime
scene-don’t touch
 Take note
 Photograph the scene

 Sketch the scene
 Conduct the crime scene search
 Process physical evidence found at the
scene
Chain of custody is the term used to

describe the identification and control of
evidence from the time It is collected at the
scene until it is entered into evidence in
court. The legal chain of custody must be
maintained all times. The chain of custody
involves receipting for any movements of the
evidence. For example, when the
investigator brings an item of evidence to
the crime lab, it is noted and receipted for by
the evidence storage clerk; when the
evidence storage clerk gives the evidence to
a criminals, this is noted and the criminalist
must sign for the evidence; and so on with
every contact with the evidence.
Marking Evidence- Evidence must be

marked to ensure that its identity can be
legally in court. When the evidence is
presented in court, the investigator will be
asked to prove it is same as that found at
the scene. Normal descriptions of the items
of evidence are not sufficient; distinctive
symbols, marks, or initial should be used.
These can be written, scratched or carved on
the evidence but should be as small as
possible and appear in a manner and
location that does not damage the item or
alter its value.

Packaging Evidence - Evidence must be
preserved in its natural state. Each item
must be preserved and packaged separately.
Various types of packages or containers can

be used. The following are some of the ones
recommended for specific types of evidence:
 Plastic or cellophane envelopes are

suitable for small dry objects
 Paper envelopes are suitable foe
folded paper bundles containing very
small items or powdery material. It is
important that the envelopes and all
corners be properly sealed. Paper
envelopes should not be used for
fiber evidence, a vital or pillbox should
be used instead.
 Vials, pillboxes, capsules, and similar
containers are suitable for certain
types of evidence.
 Garments and large exhibits may be
placed in bags or rolled in paper.
 Paper or plastic envelopes may be
sealed around the ends of large
exhibits, such as tools or automobile
bumpers, with plastic tape to prevent
the loss of any evidence that is
adhering to the exhibit.
 Plastic bags should never be used for
damp or biological evidence because
of bacterial or fungal actions.
 Clean and new containers should
always be used to prevent
contamination.

PART VII
INVESTIGATION OF SPECIFIC CRIMES
I. ROBBERY (Pagnanakaw)
ART 293 of the RPC – any person who, with

intent to gain, shall take any personal
property belonging to another, by means of
violence, against , or intimidation, of any
person, or by using force upon anything, shall
be guilty of robbery.
Elements:
1. Unlawful taking of personal

property belonging to another;
2. The taking is with intent to gain.
(animus lucrandi);
3. The taking is done with violence
against or intimidation of
person or force upon things.
Classification of Robbery:
1. Articles 294,297, and 298, RPC

– robbery with violence against or
intimidation of persons.
2. Articles 299 and 302, RPC –
Robbery with force upon things.
Meaning of “Intent to Gain” – intent to

gain means intent to obtain from the
appropriation of the thing some utility,
advantage or benefit.
Meaning of “Unlawful taking” – it means
appropriating a thing belonging to another
and placing it under one’s control or
possession.
Physical Evidence in Case of Robbery:
 Footprints
 Tireprints if vehicle is used
 Latentprints or fingerprints.
 Areas of entrance and exit
 Closets (prints may be found in
doors knobs)
 Dressers
 Pieces of furniture
 Bottles and glasses
 Astray
 Walls
 Tools
 Desk and tables
Bank Robbery
Kinds of Bank Robbery
1. Amateurs – Motivated by greed, want,

the desire for a thrill, or the need for self-
testing;
2. Professionals – is composed of
criminals whose records consist of several
serious crimes. They operate in small
groups of three to four persons. They are
serious-minded, fairly competent and
often the dangerous one.
Modus Operandi
1. Target
2. Time
3. Crafts or Disguises
4. Instrument or Weapon used
Police Procedure in Pursuit of Robbers
1. Immediate Pursuit
2. Alarms and Notifications
3. Checkpoints
4. Apprehension at the scene
II. CARNAPPING (RA 6539 of 1972)
Carnapping may be defined as the taking

with intent to gain, a motor vehicle belonging
to another person, without the latter’s
consent or by means of violence or
intimidation of person or by using force upon
things.
Motor vehicle (MV) is any vehicle propelled

by power, other than muscular power using
public highway, exempting road rollers,
trolley cars, street sweepers, sprinklers, lawn
mowers, bulldozers, graders, forklifts,
amphibian trucks, and cranes if not used on
public highways.
III. HIGHWAY ROBBERY (PD 532 of

1974)
Highway Robbery is defined as the taking

away of the property of another by means of
violence against or intimidation of persons or
force upon things or other unlawful means,
by any person on any Philippine highway.
IV. CATTLE RUSTLING (PD 533)
Cattle Rustling is defined as the taking

away by any means, method or scheme,
without the consent of the owner/raiser, of
any large cattle, whether or not for profit of
gain or whether committed with or without
violence against or intimidation of persons or
force upon things.
Large Cattle shall include cow, carabao,

horse, mule, ass, or other domesticated
member of the bovine family. Goats are not
classified as large cattle,
V. THEFT (Pang uumit)
ART 308 of the RPC – defined the crime of

theft as an act committed by any person who,
with intent to gain but without violence
against or intimidation nor force upon things,
shall take personal property of another
without the latter’s consent.
Elements:
1. Taking of personal property;

2. The property belongs to
another;
3. The taking be done with intent
to gain;
4. That the taking be done without
the consent of the owner and
5. The taking was accomplished
without the violence against or
intimidation of persons or force
upon things.
ART 310 of the RPC – Punishes the crime of

Qualified Theft. This is done on the following
circumstances:
1. If the offender is a domestic

servant;
2. If it is committed with a grave
abuse of confidence, or
3. By the nature of the property,
which is either:
a. Motor vehicle;
b. Mail matter;
c. Coconuts taken from a
plantation; or
d. Fish taken from a fishpond or
fishery
4. Timber smuggled from an illegal
cutting of logs in public forests
and forests reserves.
Investigative Technique:
1. Established the data and hour of

the theft;

2. Know the complete list and
description of the stolen
property;
3. The exact location of the
property prior to the lost;
4. Reasons for placing the
property in the location;
5. Identity of the person who first
discover the lost;
6. A list of persons who are
present and absent on the time
and date of the lost;
7. Movements of persons with
access to the property;
8. Ownership of the property,
person who knew the existence
of the property;
9. Estimated value of the property;
10. Salability of the property
11. Suspects named by the
owner, backgrounds and
problems;
12. Interrogation of suspects;
13. Record of all previous
complaints;
14. Interview on all employees;
15. Physical evidence on the
crime scene which can aid in the
identification and tracking of
the perpetrator/s.
VI. ANTI-FENCING LAW (PD 1612)

Fencing is the act of any person who,
with intent to gain for himself or for another,
shall buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall buy and
sell, or in any manner deal in any article,
item which he knows, or should be known to
him, to have been derived from the proceeds
of the crime of robbery or theft.
Pickpockets are species of criminals

endogenous in large cities or in places with
many congregation and crowded
transportation system. Skill is required for
their successful operation, most of them are
known to the police. They are professional
criminals with records in the police. The crime
can be solved by means of the modus
operandi.
VII. PARRICIDE
ART 246, RPC – Any person who shall kill his

father, mother or child, whether legitimate or
illegitimate, or any of his ascendants, or
descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty
of reclusion perpetua to death
VIII. MURDER
ART. 248. Murder - Any person, who, not

falling within the provisions of Article 246,

shall kill another, shall be guilty of murder
and shall be punished by reclusion perpetua
to death if committed with any of the
following attendant circumstances.
Elements
1. A person was killed;

2. The accused killed the deceased;
3. The killing was attended by any of the
qualifying circumstance mentioned in article
248;
4. The killing is not parricide, infanticide or
homicide
IX. HOMICIDE
ART 249, RPC - is a crime committed by any

person who shall kill another without the
attendance of any of the circumstances
mentioned in article 248.
Elements
1. A person was killed;
2. The accused killed the deceased;
3. The accused had the intent to kill;
4. The killing was attended by any of the
qualifying circumstance mentioned in article
248.
5. The killing is not infanticide or parricide
The intent to kill may be shown by the

kind of weapon used by the offender, and the
part of the victim’s body at which the weapon
was aimed, as shown by the wounds inflicted.
In all violet crimes against persons in
which the death of the victim is an element of
the crime, there must be satisfactory
evidence of the fat of death of the victim.
Motive need not be proved in the criminal

prosecution but the determination of the
motive will furnish a good clue in the solution
of the crime.
Common motives of killing another person:
1. Revenge
2. Love
3. Degeneracy
4. Financial gain
5. Robbery
6. Alcohol
7. Mental condition
 Motiveless killing are done by insane

criminals.
 Dying declarations, made under a
consciousness of an impending death
may be received in a criminal case
wherein his death is the subject of
inquiry, as evidence of the cause and
surrounding circumstances of such
death. (Tradio, 2000)
X. RAPE
ART 266 of the RPC – Rape is committed

1. By a man who shall have carnal
knowledge of a woman under any of the
following circumstances:
a. through force or intimidation;

b. woman is deprived of reason or
unconscious;
c. fraudulent machination or grave abuse of
authority;
d. offended party is under 12 or is demented
2. By any person who, under any of the

circumstances mentioned in par. 1 shall
commit an act of sexual assault by
inserting his penis into another person’s
mouth or anal orifice, or any instrument
or object, into the genital or anal orifice
of another person.
RA 8353- October 22, 1997
There is Carnal Knowledge if there is a

slightest penetration of the male sexual organ
on the female sexual organ. It is not
necessary that the vagina be entered or the
hymen is ruptured. It is enough that the labia
of the female organ be penetrated.
The Character of the Offended Party has

been previously unchaste before, is not a
defense in the crime of rape. The woman
victim may be a prostitute, or has given birth
to several children or married. The fact that
the illicit relation was done by any of the

three qualifying circumstances for the crime,
rape is committed.
Evidences that may be gathered:
1. Evidence of Force or Struggle

a. Presence of
physical injuries of the victim;
b. Presence of
torn clothing of the victim, offender or of
bedding and pillow cases.
c. Presence of
disturbed hair, soiled clothing, worried
exhausted and prejudice face of the victim.
2. Evidence to show Sexual

Intercourse
a. Presence of
genital physical injury, the
contusion of the labia;
b. Presence of
the laceration of hymen;
c. Vaginal
smear may show presence of
seminal fluid and spermatozoa
3.

PART VIII
POLICE OPERATIONAL PROCEDURES
(EXCERPTS)
GENERAL PROCEDURES
Regardless of the type of functions to

be performed and/ or police operations to be
conducted, all PNP units and personnel shall
comply with and apply the following
procedures:
Rule 1. POLICE BLOTTER – each PNP

operating unit shall maintain an official police
blotter where all types of operational and
undercover dispatches shall be recorded
containing the five w’s and one h of an
information.
Rule 2. INTER – UNIT COORDINATION -

team leaders of local police units operating
outside their AOR and NSU shall coordinate
personally or through an official
representative with the concerned territorial
police office, except in cases of hot pursuit.
HOT PURSUIT – shall mean an immediate,

recent chase or follow up without material
interval for the purpose of taking into
custody any person wanted by virtues of a
warrant or one suspected to have committed
a recent offense while fleeing from one
police jurisdiction to another.
Rule3. BASIC REQUIREMENTS OF

POLICE INTERVENTION OPERATIONS –

Generally, all police intervention operations
shall be conducted by:
a. With mark police vehicle

b. Preferably lead by a commissioned
officer
c. With personnel in proper police uniform
Police Intervention Operations are the

following: Arrest, Raid, Search and
Seizure, Checkpoint)
Rule 4. WARNING BY USE OF

MEGAPHONES -during actual police
intervention operations, if feasible, the team
leader shall use all peaceful means including
the use of a megaphone or any other similar
means to influence/ warn the offenders/
suspects to stop and/ or peacefully give up.
Rule 5. WARNING SHOTS – the police

shall not use warning shots during any police
intervention.
Rule 6. USE OF DEADLY FORCE –the use

of firearm shall be justifiable only by virtue
of Doctrines of Self –Defense, Defense of
Relative, Defense of Stranger, and if the
police have probable cause to believe that
the suspect poses an imminent danger of
death or serious physical injury to the police
or other persons.
Rule 7. REASONABLE FORCE - The police

may use reasonable force to overcome the
threat posed by the suspect. However, the

OIC of the operation shall at all times
exercise control over his men in the area.
Rule 8. MOVING VEHICLES – moving

vehicles may not be fired upon solely to
disable them. the driver or other occupant of
a moving motor vehicle may be fired upon if
the police has probable cause to believe
that the suspects pose an imminent danger
of death to the police or other persons.
Rule 9. THINGS TO BE DONE AFTER AN

ARMED CONFRONTATION
a. Secure the site of confrontation

b. Check whether the situation still poses
imminent danger
c. Evacuate the wounded to the nearest
hospital and
d. Account for the killed, wounded and
arrested persons for proper disposition
Rule 10. JURISDICTIONAL

INVESTIGATION BY THE TERRITORIAL
UNIT CONCERNED – the police unit which
has territorial jurisdiction of the area of the
armed confrontation, together with the
SOCO team, if any, shall immediately
undertake the necessary investigation and
processing of the scene of encounter. In
case where there is a slain suspect, it shall
submit the incident for inquest before the
duty inquest prosecutor prior to the removal
of the body from the scene, except in areas
where there are no inquest prosecutors. In

which case, the police can proceed with the
investigation.
SPECIAL PROCEDURES
Rule 11. ARREST – is the actual restraint of

the person to be arrested or by his
submission to the custody of the person
making the arrest. No violence or
unnecessary force shall be used in making
an arrest, and the person to be arrested
shall not be subjected to any greater
restraint that in necessary for his detention.
Miranda vs. Arizona - Ernesto Miranda had

confessed to rape and kidnapping, after two
hour interrogation. Because the interrogators
failed to inform Miranda of his right to
counsel and remain silent, his conviction was
overturned.
Sec.1 Time of Arrest-as the general rule,

arrests may be on any day at any time of
the day or night.
Sec.2 Modes of Arrest-An arrest may be

made by virtue of Warrant of Arrest, or
without a warrant of as herein after
provided.
Sec.3 Execution of Warrant-The head of

the office to whom the warrant of arrest has
been delivered for the execution shall cause
the warrant to be executed within ten (10)
days from the receipt. Within ten (10) days
after the expiration of such period, the office

to whom it was assigned for the execution
shall make a report to the judge who issued
the warrant and, in case of his failure to
execute the same, shall state the reasons
thereof.
Sec.4 Arrests by Virtue of a Warrant of

Arrest-
a. It shall be the duty of the officer

executing the warrant to arrest the accused
without unnecessary delay and deliver him
to nearest police station or jail.
b. When making an arrest by virtue of a

warrant, the officer shall inform the person
to be arrested of the cause of the arrest and
of the fact that a warrant has been issued for
his arrest, except when he flees or forcibly
resist before the officer has the opportunity
to so inform him or when the giving of such
information will imperil the arrest. The officer
need not have the warrant in his possession
at the time of the arrest but after the arrest,
if the person arrested so requires, the
warrant shall be shown to him as soon as
practicable.
Sec.5 Arrest Without Warrant; When

Lawful-A peace officer or 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 persona; 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 temporarily confined while
in his case is pending, or has escaped while
being transferred from one confinement area
to another.
Sec.6 Duties of Arresting Officer in Case

of Arrest Without Warrant-
a. The arresting officer shall inform the

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

in the proper authorities without
unnecessary delay and with the time

prescribed in Article 125 of the Revised Penal
Code, as amended(12,18, or36 hours, as the
case may be).
c. The person arrested without a warrant

shall be delivered to the nearest station or
jail, and shall be the subject of inquest
proceedings under Section 7, Rule 112 of the
2000 Rules of Criminal Procedure.
d. If the person arrested without a

warrant waives his right to remain silent the
provisions of Article 125 of the Revised Penal
Code and opts to give a statement and the
present evidence for his defense, the
arresting officer shall ensure that the waiver
made by the person arrested shall be in
writing and in the presence of his counsel of
choice.
Sec.7 Physical Examination of Arrested

Person/ Suspect-
Immediately after the arrest of a person

ordered arrested by the court, or of a
suspect under the investigation, he should
be subjected to a physical examination by a
medico-legal officer or, in the absence of
such medico0legal officer, by any
government physician in the area. Prior to
his release or any change of custody, the
suspect shall also be physically examiner.

Sec. 8 Prohibitions-No torture, force,
violence, threat, intimidation or any other
means which violates the free will shall be
used against the suspect. Secret detention
places, solitary confinement
(incommunicado) or other similar forms of
detention shall be prohibited.
Sec.9 Record Check-The officer shall make

a record check for the possibility that the
arrested person is wanted for crimes other
than that for which the same was arrested.
Rule 12. SEARCH AND SEIZURES
Sec.1 Search Warrant Definition-It is an

order in writing issued in the crime of the
People of the Philippines, signed by the
judge and directed to a peace officer,
commanding him to search for any property
described therein and bring it before the
court.
Sec.2 Requisites for Issuance of Search

Warrant-A search warrant shall be issued
only upon probable cause in connection with
one specific offense to be determined
personally by the judge after examination
under oath or affirmation of the complainant
and the witness he may produce, and
particularly describing the place to be
searched and the things to be seized.
The following are the properties subject

to seizure:

a. Properties which are the subject of
the offense;
b. Stolen, embezzled proceeds, or
fruits of the offense;
c. Object including weapons,
equipment and other items used to
intended to be used as the means of
committing an offense;
d. Objects that are illegal per se in
plain view.
Sec.3 Application of Search Warrant-All

the applications for Search Warrant shall be
approved by a duly designed officer. The
application shall be recorded in a log book.
The application shall be in the following
data:
a. Office applying for the Search

Warrant;
b. Name of officer-applicant
c. Name of the subject, if known;
d. Address/place(s) to be searched;
e. Specific statement of
things/articles to be seized; and
f. Sketch of the place to be searched
Sec.4 Authority Given to Officers in the

Conduct Search-(Sec.7 & 13, Rule 126 of
the 2000 Rules of Criminal Procedure as
amended) - In the conduct of search , if
after giving notice of his purpose and
authority the officer is refused admittance to
the place of search, he may break open any
outer or inner door or window or any part of
a house or anything therein to execute the

warrant or liberate or any person lawfully
aiding him when unlawfully detained therein.
Sec.5 Prohibited Acts in the Conduct

Search
a. Houses, rooms, or other premises

shall not searched except in the
presence of the lawful occupant thereof
or any member, in the presence of
two(2) witnesses of sufficient age and
discretion residing in the same locality.
b. Lawful personal properties, papers,

and other valuables not specifically
indicated or particularly described in the
search warrant shall not be taken.
Sec.6 Validity of Search Warrant-The

search shall be valid for ten(10) days from
the issuance. Thereafter, it shall be void.
Sec.7 Receipt for the Property Seized-

The officer seizing property by the virtue of
the warrant shall be given a detailed receipt
for the same to the lawful occupant of the
premises in whose presence the search and
seizure was made, or in the absence of such
occupant, shall, in the presence of a least
two (2) witnesses of sufficient age and
discretion residing in the same locality, leave
a receipt in the place in which he found the
seized property in the absence of the lawful
owner.
Sec.8 Valid Warrantless Searches and

Seizures
1. Search made incidental to a valid
arrest-Moreno vs. Ago Chi, 12 Phil
439(1909) ``An arrest making a lawful
arrested by virtue of a warrant or under the
doctrine of warrantless arrest may take from
the person arrested any money or property
found upon his person which was used in the
commission of the crime or was the fruit of
the crime or which might furnish the prisoner
with the means of committing violence or
escaping, or which may be used I evidence
in the trial of the case.’’
2. Search of moving vehicles-Carroll V.

United States 267 U.S 132, 153 (1925)
says:`` the guaranty of freedom from
unreasonable searches and seizures is
construed as recognizing a necessary
difference between a search of a dwelling,
house or other structure in respect of which
a search warrant may readily be obtained
and a search of a ship, motorboat, wagon, or
automobile for contraband goods, where it is
not practicable to secure a warrant, because
the vehicle can be quickly moved it of the
locality or jurisdiction in which the warrant
must be sought.’’
3. Seizure of goods concealed to

avoid duties-Uykheytin V. Villareal, 166 U.S
746(1886); Papa v. Mago, 22 SCRA
857( February 28, 1968); Paris v. Pamaran,
56 SCRA 16 (March 15, 1974).

4. Seizure of evidence in plain view-
Harris v. United States, 390 U.S 234 are
subject to seizure and may be introduced as
evidence.
5. When there is waiver of the right

or there is consented search-De Garcia v.
Locsin, 65 Phil. 689, 694-5(1938) says: ``It
is well-settled that to constitute a waiver of a
constitutional right, it must appear first that
the right exist; secondly, that the person
involved had knowledge, either actual or
constructive, of the existence of such right;
lastly, that said person had an actual
intention to relinquish the right’’. Thus,
where the accused has voluntarily
surrendered his gun, he cannot claim
illegality of the seizure. People v. Agbot,106
SCRA 325, 331 (L-376541, July, 1981).
Rule 16. INQUEST PROCEDURES
Sec.1 Inquest Proper-Shall refer to an

informal and summary investigation
conducted by a public prosecutor in criminal
cases involving persons arrested and
detained without the benefit of a warrant
issued by the court for the purpose of
determining whether or not said persons
should remain under
Where the detained person does not for a

preliminary investigation or otherwise
refuses to execute the required waiver, the

investigator shall proceed with the inquest
by submitting the suspect before the inquest
prosecutor to include sworn
statement/affidavits of the complainant and
the witness/es and other supporting
evidence.
Sec.2 Presence of Detained Person-The

presence of the detained person who is
under custody shall be ensured during the
inquest proceedings except under the
following circumstances:
a. If he is confined in a hospital;
b. If he is detained in a place under
maximum security;
c. If production of the detained person
will involve security risk; or
d. If the presence of the detained person
is not feasible by reason of age, health, sex,
and other similar factors.
Rule 20. CHECK POINTS
Sec1. Authority to Establish

Checkpoints-The establishment of
permanent checkpoints must always be
authorized by the PNP and manned by
uniformed PNP personnel assigned in the
area. Other units directly involved in an
operation may establish mobile checkpoints
in coordination with the Commander of the
Unit/Station in the area.
Sec.2 Requirements-

a. Only mobile checkpoints are authorized
and they shall be established only in
conjunction with ongoing operations. Only
official and marked vehicles shall be used in
establishing mobile checkpoints.
b. Checkpoints may be established when
there is a need to arrest a criminal or
fugitive from justice.
c. The conduct of searches, seizures, and
arrest in checkpoints shall be done with
civility and with due respect to innocent
passers-by, commuters or bystanders.
d. The area where the checkpoints shall
be established must be properly lighted and
legible and clear signs shall be exhibited to
show that searches are being conducted.
e. Enforcement officers manning the
checkpoints shall be in proper uniform at all
times with their identification cards and
nameplates on.
f. Personnel manning checkpoints shall
always be led by an Officer with the rank of
Police inspector at least.
g. Checkpoint personnel shall not mulct,
extort, or harass drivers, passengers,
traders, etc.
Sec.3 Procedures-When checkpoints are

ignored, the following shall be observed:
a. In the event that

checkpoints/roadblocks are ignored and the
motorist/suspects bump the roadblock in
attempt to elude arrest or avoid inspection,
the team leader shall immediately contact
adjacent units to inform them of the

situation and immediately conduct dragnet
operation, while those at the checkpoint shall
pursue the errant fleeing motorist.
b. Warning shots shall be discouraged due
to the confusion it may create for the driver
and the passengers of the vehicle.
Megaphones or police sirens shall be used
instead during the pursuit. The plate number
of the vehicle shall be noted and given to
other units in adjacent areas to prevent the
possibility that the vehicle may elude the
pursuit operation.
c. In the event that the occupants of the
vehicle open fire on the personnel manning
the checkpoint, reasonable force to
overcome the suspect aggression may be
employed.
Sec.4 Limitation of Searches at

Checkpoints-Searches made the
checkpoints shall be limited to visual search
and neither the vehicle nor the occupants
shall be subjected to physical search. An
extensive search may be allowed only if the
officers conducting the search pertaining to
the commission of a crime in the vehicle to
be search and there is no sufficient time to
secure a valid warrant.
Sec.5 Flagging Down or Accosting

Vehicles While on Mobile Car-This rule is
a general and does not apply in pursuit
situations. The Mobile car Crew shall
undertake the following when applicable:

a. Car the headquarters and inform it n
the make or type and plate number of the
motor vehicle to be accosted including the
number and, if possible identity of
occupants.
b. State the reason(s) for flagging down
the suspected motor vehicle;
c. Give mobile car location and direction
(heading) before making actual intervention;
d. Try to get side by side with the suspect
and check the occupants without alarming
them of your purpose. You can overtake
them and wait for them at your chosen
location before stopping their vehicle;
e. Determine whether the suspects are
hostile or not;
f. Make known to the suspect(s) that you
are after them through the siren or
megaphone;
g. Instruct the driver to pull over or stop
on the side of the street;
h. Park behind the suspect’s vehicle at a
discreet distance and cautiously approach
the vehicle on the driver’s side;
i. If the vehicle windows are heavenly
tinted and the occupants cannot be seen,
instruct the driver to open all windows to
have a clear view of the interior of the
vehicle;
j. Instruct the driver to turn off the
ignition, if this was not done when he
stopped;
k. The other members of the team must
be on guard for any eventuality while the
vehicle is being approached;

l. Talk to the driver in a most courteous
manner and inform him on the nature of his
violation. Demand to see the driver’s license,
photocopies of the certificate of registration
and the official receipt. Examine these
documents and counter-check the driver on
the information reflected herein;
m. If it concerns traffic violation,
immediately issue a Traffic Violation Receipt
(TVR). Never indulge in prolonged,
unnecessary conversation or argument with
the vehicle’s occupants;
n. In cases of other violations that require
the impounding of the vehicle; inform the
driver regarding this situation and instruct
him to follow you, after issuing the TVR; and
o. Before moving out, inform
Headquarters regarding the situation/status
and disposition of the person and motor
vehicle accosted.
Sec.6 Dealing with Hostile Situation-The

following are the procedures to be followed
with the hostile drivers:
a. Stopping Vehicles
1. Follow the procedure stated form(a) to

(c) of Section 5;
2. Immediately request for back-up;
3. Follow that the suspect and always
keep him within visual range;
4. Expect that the suspect will notice your
action at any time. Be prepared for a car
chase or actual hostile confrontation;

5. Of the back-up is already in the
vicinity, inform Headquarters that you are
proceeding to account the suspect;
6. Inform the suspects that you are after
them through siren or megaphone and
instruct the driver to pull over or stop on the
side of the street;
7. Park a discreet distance behind the
suspect’s vehicle;
8. While the vehicle is being approaches,
the other members of the crew and back-up
must be on guard for any eventuality.
Overreactions should be avoided.
9. If the vehicle’s windows are heavenly
tinted and the occupants cannot be seen,
instruct the driver to open all windows for a
clear view of the vehicle’s interior;
10. Direct the driver and other occupants
of the vehicle not to make unnecessary
movements and to show their hands outside
the car;
11. Instruct the driver to turn off the
ignition and toss the key to the ground.
Demand to see the Driver’s License and
photocopies of the vehicle’s certificate of
registration and the official receipt. Examine
the documents and counter-check the driver
on the information reflected therein; and
12. If there are other suspects aside from
the driver, separate them from one another.
b. Fleeing Vehicles
1. In the event that the motor vehicle did
not stop despite the warning given, inform

Headquarters so that roadblocks can be put
up.
2. When the vehicle of the suspect id
cornered or stopped, instruct the driver and
other occupants in a clear and commanding
voice to follow specifically what you will
require of them. Failure on their part to
follow will be construed as hostile act on
their part. Execute instructions on the use of
reasonable force.
3. Instruct the driver to open his door and
to put his foot of the vehicle, followed by his
hands to be placed on top of the vehicle, or
to move towards you with his hands up.
4. Instruct other occupants of the vehicle,
if any, to come out one by one, as what the
driver has done.
5. Arrest and handcuff the suspects and
bring them to Headquarters for proper
disposition.
6. Before moving out, inform
Headquarters about the situation, status and
disposition of the suspects and motor vehicle
associated.

DEFINITION OF TERMS:
1. ABDUCTION – The elements

constituting the crime of abduction are:
2. the person kidnapped must be a
woman. It is immaterial if she is a widow, a
married
3. woman, or virgin, as all three classes
are comprised within the generic term of
“woman.”
4. (2) The crime must be committed
against her will.
5. (3) It must be committed with
unchaste designs, that is, with the intention
of lying with the
6. woman.
7. ABDUCTION WITH CONSENT –
Elements. The essential elements of
abduction with consent are:
(1) The taking away of a maiden over 12
and below 18 years of age;
(2) the girl shall have consented to being
taken away; and
(3) the act shall have been committed with
lewd designs.
8. ABORTION PRACTICED BY WOMAN
HERSELF OR BY HER PARENTS – Any
woman herself and parents who shall commit
this offense to conceal her dishonor.
9. ABORTION PRACTICE BY
PHYSICIAN OR MIDWIFE AND
DISPENSING
10. OF ABORTIVE – Any physician,
midwife who, taking advantage of their

scientific or skill, shall cause an abortion.
(Under Art 259, RPC)
11. ABSOLUTE CLAIM – A claim which is
subject to no contingency and may be proved
and allowed as a debt by a tribunal, or
committee on claims.
12. ABUSE OF CONFIDENCE – Only the
abuse of confidence that facilitates the lustful
purpose of rape is the kind of abuse of
confidence that aggravates the responsibility
of the offender.
13. ABUSE OF RIGHTS – A principle in
Civil Law, which holds that indemnity for
damages, may be granted in cases where
there is an abuse of rights. A person should
be protected only when he acts in the
legitimate exercise of his right, that is, when
he acts with prudence and in good faith; but
not when he acts with negligence or abuse.
Such principle is found in the Chapter on
Human Relations in the Civil Code. Through
the principle in Art.19, Civil Code, There is
abuse of right when the right is exercised
with the end of damaging another as well as
when damage results when the legitimate
motive and normal end of the right is violated
as in the case of an abnormal exercise of the
right. If the purpose is evil or not serious or
legitimate, or the manner of exercise of the
right is abnormal and damage is caused to
another, then there is an abuse
14. of right for which damages are
recoverable.
15. ACCESSORY – The accessory of an
automobile is any article designed to be used

in connection with such vehicle to add to its
utility or ornamentation and which is
primarily adapted for such use whether or not
essential to the operation of the vehicle.
16. ACCESSORY AFTER FACT –
Elements. Under Art.19 (1), Rev. Penal code,
they are:
1) the accused must not have participated
in the criminal design nor cooperated in the
commission of the felony;
2) He must have knowledge of the
commission of the crime; and
3) he must have profited from the effects
of the crime.
17. ACCOMPLICE – One who is concerned
in the commission of a crime. In its fullness,
the term “accomplice” includes in its meaning
all persons who have been concerned in the
commission of a crime, all participes criminis,
whether they are considered in strict legal
propriety as principals in the first or second
degree or merely as accessories before or
after the fact. In general, the word
“accomplice” should be rendered into Spanish
by the use of some such as “participante en
el delito.”
18. ACCOUNTABLE PUBLIC OFFICER –
A public officer who has been duly entrusted
with government funds or property.
19. ACQUITTAL – One is acquitted if,
after he has been arraigned and trial has
been begun, upon a valid indictment or
information, he is discharged by a competent
court.

20. ACT – Certiorari. The act contemplated
in the law on certiorari is one which creates
some sort of status, i.e., determinative of a
certain legal right. A merely threatened act,
or an act which is preliminary and does not
determine a legal right, cannot be reviewed in
a certiorari proceeding.
21. ACT OF LASCIVIOUSNESS – All acts
of lewdness committed upon a person of
either sex, short of lying with a woman and
anything leading up to it. What constitutes
lewd or lascivious conduct must be
determined from the circumstances of each
case.
22. ADMISSION – The term “admission”
embraces any statement of fact made by a
party which is against his interest or
unfavourable to the conclusion for which he
contends or inconsistent with the facts
alleged by him.
23. ADULTERY – A crime committed by a
married woman who has sexual intercourse
with a man not her husband and by the man
who has carnal knowledge of her, knowing
her to be married, even if the marriage be
subsequently declared void.
24. AFFIDAVIT - Summary judgment. The
kind of affidavit necessary to support a
summary judgment is that affidavit from
which it may be clearly drawn that certain
facts pleaded by either party are certain,
undisputed and indubitable which dispense
with the hearing or trial of the case.
25. AFTER OPERATION REPORT – It is a
report that may be rendered after any

successful police operation that leads to the
arrest of any member or some members of
syndicated crime group.
26. AFTER SOCO REPORT – It is a report
rendered by the Team Leader of the SOCO
that conducted the scene of the crime
operations, processing or investigation.
27. AGENT – A person who binds himself
to render some service or to do something in
representation or on behalf of another, with
the consent or authority of the latter.
28. 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.
29. AGENT’S REPORT – It is a report
rendered by a documented agent who
answers an intelligence requirement.
30. AGREEMENT – Proposal. A proposal
remains an offer even if not answered and
irrespective of the length of time that has
passed. It only becomes an agreement when
accepted by the other party. The only
exception is where there is a duty on the part
of the other party to answer, and hence
silence is implied assent.
31. AIRCRAFT ACCIDENT – It refers to
an occurrence associated with the operation
of an aircraft which takes place between the
times any person boards the aircraft with the
intention of flight until such time as all such
persons have disembarked, in which:

(1) Any person suffers death or serious
injury as a result of being in or upon the
aircraft or by direct contact with the aircraft
of anything attached thereto; or
(2) The aircraft receives substantial
damage.
32. ALIBI – To establish alibi, a defendant
must not only show that he was present at
some other place at about the time of the
alleged crime, but also that he was at such
other place for so long a time that it was
impossible for him to have been at the place
where the crime was committed, either
before, during, or after the time he was at
such other place.
33. ALLEGED – The word “alleged” or
“allegedly” connotes something “claimed”. It
leaves the truth of the averment an open
question.
34. ALTER – To add, change, substitute or
omit something from a pleading or
instrument.
35. AMBASSADOR – A person who have
been appointed as chief of mission and have
served as Ambassador Extraordinary and
Plenipotentiary.
36. AMEND – To add, change, substitute
or omit something from a pleading or
instrument.
37. ANSWER – The word “answer” in Sec.
1 Rule 19, Rules of Court, envisions or
includes the affirmative and/or special
defenses and counterclaim contained therein.
38. ANTE MORTEM – Before death.

39. APPEARANCE – Voluntary submission
to a court’s jurisdiction.
40. ARBITRARY – Willful and unreasoning
action, without consideration of and in
disregard of the facts and circumstances of
the case. Action is not arbitrary when
exercised honestly and upon due
consideration where there is room for two
opinions, however much it may be believed
that an erroneous conclusion was reached.
41. ARBITRARY DETENTION – Arbitrary
detention begins not merely from the
moment a person is locked up in prison cell
but from the moment such person is deprived
of his liberty without legal grounds. And it
ends only when such person is absolutely
freed from any restraint on his person.
42. ARREST – It is the taking of a person
into custody in order that he may be bound to
answer for the commission of an offense.
43. ARSON - Is defined as the intentional
or malicious destruction of a property by fire.
It is also defined as the criminal burning of
property.
44. ASSAULT – The term “assault” in Sec.
87 (b) (2), Judiciary Act, on the original
jurisdiction of Municipal Courts, means
physical injuries. It does not refer to the
crime of direct assault in Art. 148 of the
Revised Penal Code.
45. ATTEMPTED BOMBING - Incidents in
which a device designed or purposely made
to detonate/ignite fails to function. Intent of
activity is criminal in nature; this also

pertains to malfunctioning, recovered, and/or
disarmed devices.
46. ATTEMPT – Intent is a quality of the
mind and implies a purpose only, while
47. attempt implies an effort to carry that
purpose into execution.
48. AUTHORITY – A person or persons, or
a body, exercising power or command; for
those upon whom the people have conferred
authority.
49. BAIL – The word “bail” as used in the
prohibition against excessive bail is
inadequately translated by the word “fianza”,
as bail implies a particular kind of bond that
is to say, a bond given to secure the personal
liberty of one held in restraint upon a criminal
or quasi criminal charge.
50. BAND – A group of more than three
armed malefactors who act together in the
commission of an offense.
51. BEAT PATROL – The deployment of
officers in a given community, area or locality
to prevent and deter criminal activity and to
provide day-to-day services to the
community.
52. BEST EVIDENCE – Evidence which
suffices for the proof of particular fact. That
evidence which, under every possible
circumstance, affords the greatest certainty
of the fact in question and in itself, does not
indicate the existence of other and better
proof.
53. BEST EVIDENCE RULE – A well-
known rule of law that a witness cannot be
permitted to give oral testimony as to the

contents of a paper writing which can be
produced in court.
54. BIASED WITNESS – A witness who
tends to exaggerate. Although he may be
honest, he cannot, while human nature
remains uncharged, overcome the tendency
to distort, magnify or even minimize as his
interest persuades, the incidents which he
relates.
55. BIGAMY – A crime committed by a
person who contracts a second or subsequent
marriage before the former marriage has
been legally dissolved, or before the absent
spouse has been declared presumptively dead
by means of a judgment rendered in the
proper proceedings.
56. BOMBING - Any incident which uses a
device constructed with criminal intent and
using high explosives, low explosives, or
blasting agents explodes. This term also
refers to incidents where premature
detonation occurs during preparation,
transportation, or placement of a constructed
device.
57. BOMB THREAT – An information or
warning, written or oral, claiming knowledge
that a dangerous device, such as a bomb or
similar type of explosives, has been or will be
placed in a building, aircraft, sea craft or
other facilities with the intent to harm people
and destroy properties.
58. BOOK OF ACCOUNT – A book
containing charges and showing a continuous
dealing with persons generally. To be
admissible as evidence, it must be kept as an

account book and the charges made in the
usual course of business.
59. BRIBERY – Bribery and robbery have
little in common as regards their essential
elements. In the former, the transaction is
mutual and voluntary. In the latter case, the
transaction is neither mutual nor voluntary
but is consummated by the use of force or
intimidation.
60. BURDEN OF PROOF – is employed to
signify the duty of proving the facts in dispute
on an issue raised between the parties in a
cause. The burden of proof always lies on the
party who takes the affirmative in pleading.
In criminal cases, as every man is presumed
to be innocent until the contrary is proved,
the burden of proof rests on the prosecutor,
unless a different provision is expressly made
by statute.
61. CADAVER - A corpse or a dead body.
62. CADAVER TAG - An identification tag
attached to the cadaver containing tag
number, name (if identified), date/time &
place of recovery, date/time/type/place of
incident, gender, other pertinent information,
and name of investigator. The tag shall be
made using suitable materials which can be
used of in all types of weather.
63. CALAMITY - An event that brings
terrible loss, lasting distress, or severe
affliction.
64. CALL SLIP – A debt and credit ticker
authorizing the Central Bank to pay a certain
bank chargeable against the account of
another bank

65. CARNAPPING - The taking, with
intent to gain, of a motor vehicle belonging to
another without the latter’s consent, or by
means of violence against or intimidation of
persons, or by using force upon things.
66. CASE OFFICER – The person
responsible for and in charge of the
investigation of a case.
67. CASE OPERATIONAL PLAN
(COPLAN) – A definite target-specific activity
conducted in relation to an intelligence
project under which it is affected. Several
case operations may fall under one
intelligence project. Refers to a preparatory
plan on how to carry out a case operation
which is the last resort to pursue intelligence
objectives when normal police operations fail.
68. CASHIER’S CHECK - Form of check
where the bank is the payer of the funds
(sometimes called as teller’s check, treasure
checks, official check and manager’s check).
69. CAUSE OF ACTION – A cause of
action is the act or omission by which a party
violates a right of another (Sec 2, Rule 2 of
the Rules of Court). The term “cause of
action” has two elements: 1) the right of
plaintiff, and 2) the violation of such right by
the defendant.
70. CAUSE OF DEATH – A declaration of
by what means and by whom the declarant
was injured is within the purview of the term
“the cause of the declarant’s death” in a
dying declaration.
71. CERTAINTY OF GUILT – Absolute
certainty of guilt is not demanded by the law

to convict one of any criminal charge but
moral certainty is required, and this certainty
is required as to every proposition of proof
requisite to constitute the offense.
72. CERTIORARI – The extra-ordinary
remedy to correct an actuation of a judge
who has acted without jurisdiction, in excess
of jurisdiction or clearly in grave abuse of
discretion, and not to correct errors of
procedures and/or mistakes in the judge’s
findings or conclusions.
73. CHILD – Shall refer to a person below
eighteen (18) years of age or one over said
age and who, upon evaluation of a qualified
physician, psychologist or psychiatrist, is
found to be incapable of taking care of
himself fully because of a physical or mental
disability or condition or of protecting himself
from abuse.
74. CHILD ABUSE – Refers to the
infliction of physical or psychological injury,
cruelty to or neglect, sexual abuse or
exploitation of a child.
75. CHILD TRAFFICKING – The
recruitment, transportation, transfer,
harbouring or receipt of a child purpose of
exploitation.
76. CIRCUMSTANTIAL EVIDENCE –
Evidence of circumstances which are strong
enough to cast suspicion upon the defendant
and which are sufficiently strong to overcome
the presumption of innocence, and to exclude
every hypothesis except that of the guilt of
the defendant.

77. CLERK OF COURT – An officer of a
court of justice who has charge of the clerical
part of its business, who keeps its record and
seal, issues process, enters judgment and
orders, gives certified copies from the records
and the like. While the clerk of court belongs
to the judicial as distinguished from the
executive or legislative branch of
government, his office is essentially a
ministerial one.
78. COMMAND POST/HOLDING AREA -
Area where case conferences, briefings and
debriefings are being conducted by the
responding agencies.
79. COMMISSION AGENT – One specially
employed to receive goods from a principal
and to sell them for a compensation called
“factorage” or “commission”.
80. COMPETENT EVIENCE – One that is
not excluded by law in a particular case.
81. COMPLAINT – A concise statement of
the ultimate facts constituting the plaintiff’s
cause or causes of action.
82. COMPLAINANT – A party or person
who makes a complaint or file a formal
charge in the court of law.
83. COMPLEX CRIME – A single act which
constitutes two or more grave or less grave
felonies, or an offense which is a necessary
means for committing the order.
84. CONDUCTION - Heat transfer to
another body or within a body by direct
contact.
85. CONFESSION – It is an express
acknowledgment by the accused in a criminal

prosecution of the truth of his guilt as to the
offense charged, while admission refers to
statements of fact not directly constituting an
acknowledgment of guilt.
86. CONJUGAL PARTNERSHIP – A
relationship established during the marriage
of man and woman by virtue of which they
place the fruits of their separate property and
their earnings and divide, share and share
alike, upon the dissolution of the union, the
benefits indiscriminately obtained by either of
them during the marriage.
87. CONJUGAL PARTNERSHIP OF
GAINS – That by means of which the
husband and wife place in a common fund the
fruits of their separate property and the
income from their work or industry, and
divide equally, upon the dissolution of the
marriage or of the partnership, the net gains
or benefits obtained indiscriminately by either
spouse during the marriage.
88. CONSPIRACY – It exists when two or
more persons come to an agreement
concerning the commission of a felony and
decide to commit it.
89. CONSTRUCTIVE DELIVERY – A
general term comprehending all those acts
which, although not conferring physical
possession of the thing, have been held by
construction of law equivalent to acts of real
delivery, as for example, the giving of the key
to the house, as constructive delivery of the
house from the vendor to the vendee.
90. CONSTRUCTIVE POSSESSION – The
possession and cultivation of a portion of a

tract under claim of ownership of all is a
constructive possession of all, if the
remainder is not in the adverse possession of
another.
91. CONTEMPT – In its broad sense,
contempt constitutes a disobedience to the
court by acting in opposition to its authority,
justice and dignity. In its restricted and more
usual sense, contempt comprehends a
despising of the authority, justice or dignity
of a court.
92. CONTEMPT OF COURT – Contempt of
court in general must be some act or conduct
which tends to interfere with the business of
the court, by a refusal to obey some lawful
order of the court, or some act of disrespect
to the dignity of the court which in some way
tends to interfere with or hamper the orderly
proceedings of the court and thus to lessen
the general efficiency of the same. In re:
Jones, 9 Phil. 355.
93. CONTINUING OFFENSE – A crime in
which some acts material and essential
thereto occur in one province and some in
another. For example: the crimes of estafa or
malversation, and of abduction. In such a
case the court of either province where any of
the essential ingredients of the offense took
place has jurisdiction to try the case.
94. CONTRABAND – A generic term
covering all goods exported from or imported
into the country contrary to applicable
statutes.
95. CONSOLIDATION AREA - An area
designated by higher authorities as

processing area for recovered cadavers from
the disaster scene. It is usually a centralized
morgue, manned by Disaster Identification
Teams (DITs) composed of experts in forensic
identifications e.g. DNAs, dental, medical and
fingerprint identification.
96. CONVECTION - Heat transfer by
circulation within a medium, such as gas or
liquid.
97. COORDINATION REPORT – A report
which is used as a means of formal
coordination to be made by the investigating
agency with the police unit or military unit
having operational jurisdiction over the place
where a police case operation shall be
conducted.
98. COPYRIGHT- An exclusive right
granted or conferred by the government on
the creator of a work to exclude others from
reproducing it, adapting it, distributing it to
the public, performing it in public, or
displaying it in public. Copyright does not
protect an abstract idea; it protects only the
concrete form of expression in a work. To be
valid, a copyrighted work must have
originality and possess a modicum of
creativity.
99. CORPUS DELICTI – Latin for the
“body of the crime” It is the legal term used
to describe/physical/or material evidence that
a crime has been committed such as the
corpse of a murder victim or the cleaned of a
torched building. It is used to refer to the
underlying principle that, without evidence of

a crime having been committed, it would be
unjust to convict someone.
100. CORROBORATIVE EVIDENCE –
Additional evidence of a different kind and
character tending to prove the same point.
101. CORRUPTION OF PUBLIC
OFFICIALS – Elements. The elements of the
crime of corruption of a public official by
means of bribery are
1) the person receiving the bribe is a
public officer, as defined in Art. 203, RPC;
2) Said officer shall have actually
received, either personally or through
another, gifts or presents, or accepted offers
or promises; 3) Such reception or acceptance
shall have been for the purpose of executing
an act, which may or may not be
accomplished, but not constituting a crime;
and 4) the person offering the gift or making
the promises shall be a private individual.
102. COUNTERFEITING - The act of
producing or selling a product containing a
sham mark that is an intentional and
calculated reproduction of the genuine mark,
a “counterfeit mark” is identical to or
substantially indistinguishable from the
genuine mark. Often, counterfeit goods are
made to imitate a popular product in all
details of construction and appearance, so as
to deceive customers into thinking that they
are purchasing the genuine merchandise.
103. COURIER – The person delivering any
ransom or other item demanded by the
offender;

OF CRIMINAL INVESTIGATION 0
104. CRIME SCENE – A venue or place
where the alleged crime/incident/event has
been committed.
105. CRIMINAL INVESTIGATION – It is
the collection of facts in order to accomplish
the three-fold aims – to identify the guilty
party; to locate the guilty party; and to
provide evidence of his (suspect) guilt.
106. CRIMINAL INVESTIGATOR – A
public safety officer who is tasked to conduct
the investigation of all criminal cases as
provided for and embodied under the Revised
Penal Code/Criminal Laws and Special Laws
which are criminal in nature. A well-trained,
disciplined and experienced professional in
the field of criminal investigation duties and
responsibilities.
107. CRIMINAL JURISDICTION – The
authority to hear and try a particular offense
and impose the punishment for it.
108. CRIMINAL LAW – One that defines
crime, treats of their nature and provides for
their punishment. Punishment, in this sense,
refers strictly to the penalty imposed.
109. CRIMINAL LIABILITY – Requisites.
Under Art.4 par. 1 RPC, a person may be held
criminally liable even if the injurious result be
greater than that intended,
110. provided these requisites concur:
1) an intentional felony has been
committed; and
2) the wrong done to the victim be the
direct, natural, and logical consequence of
the felony committed.

111. CRIMINAL NEGLIGENCE – It consists
in the failure to take such precautions or
advance measures in the performance of an
act as the most common prudence would
suggest, whereby injury is caused to persons
or to property.
112. CROSS-EXAMINATION – It is the
most potent weapon known to law for
separating falsehood from truth, hearsay
from actual knowledge, things imaginary from
things real, opinion from fact, and inference
from recollection, and for testing the
intelligence, fairness, memory, truthfulness,
accuracy, honesty and power of observation
of the witness.
113. CRUELTY – Refers to any act by word
or deed which debases, degrades or demeans
the intrinsic worth and dignity of a child as a
human being. Discipline administered by a
parent or legal guardian to a child does not
constitute physical or psychological injury as
defined herein.
114. CUSTODIAL INVESTIGATION –
Investigation conducted by law enforcement
officers after a person has been arrested or
deprived of his freedom of action. It includes
invitation to a person who is being
investigated in connection with an offense.
115. CUSTODIA LEGIS – A thing is in
“custodia legis” when it is shown that it has
been and is subjected to the official custody
of a judicial executive officer in pursuance of
his execution of a legal writ.
116. DEATH CAUSED IN A TUMULTUOUS
AFFRAY - When several persons, not

composing groups organized for the common
purposes of assaulting and attacking each
other reciprocally, quarrel and assault each
other in a confused and tumultuous manner
and in the course of the affray someone is
killed and it cannot ascertain who actually
killed the deceased but the persons who
inflicted serious physical injuries can be
identified, such person shall be punished.
117. DEATH OR PHYSICAL INJURIES
INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES - Any legally married
person who having caught his spouse in the
act of committing sexual intercourse with
another, shall kill any of them or both of
them in the act or immediately thereafter, or
shall inflict upon them any serious injuries,
shall suffer the penalty of destierro.
118. DECEDENT – The general term applied
to the person whose property is transmitted
through succession, whether or not he left a
will.
119. DEMAND DRAFT – A bank transaction
wherein a client of a bank will buy or
purchase a demand draft to be presented to
its branch.
120. DILIGENCE OF A GOOD FATHER OF
A FAMILY – Used in reference to person of
ordinary or average diligence. To determine
that diligence, we must use as a basis the
abstract average standard corresponding to a
normal orderly person. Anyone who uses
diligence below this standard is guilty of
negligence.

121. DIRECT/ SUPPORT SERVICE
PROVIDER – Any person, whether from the
public or private sector, who provides or
assists in the delivery of services that directly
benefit the child victim/ survivor of
trafficking.
122. DISASTER - An exceptional, damaging
or destructive event which causes serious
loss, destruction, hardship, unhappiness,
injuries or deaths.
123. DISASTER SCENE/AREA - A region
or a locale heavily damaged by either natural
hazards, such as tornadoes, hurricanes,
tsunamis, floods, earthquakes, technological
hazards including nuclear and radiation
accidents, or sociological hazards like riots,
terrorism or war. The populations living there
often experience a loss of energy supply,
food, services, and an increasing risk of
disease. Declarations of disaster areas open
up the affected areas for national and or
international aid.
124. DIVERSION – An alternative, child-
appropriate process of determining the
responsibility and treatment of a child in
conflict with the law on the basis of his/her
social, cultural, economic, psychological or
educational background, without resorting to
formal court proceedings.
125. DIVERSION PROGRAM – A program
that the child in conflict with the law is
required to undergo after he/she is found
responsible for an offense without resorting
to formal court proceedings.

126. DOUBLE JEOPARDY – The rule of
double jeopardy means that when a person is
charged with an offense and the case is
terminated either by acquittal or conviction or
in any other manner without the consent of
the accused, the latter cannot again be
charged with the same or identical offense.
This principle is founded upon the law of
reason, justice and conscience. It is embodied
in the maxim of the civil law “nom bis in
idem”, in the common law of England, and
127. undoubtedly in every system of
jurisprudence, and instead of having specific
origin it simply always existed. It found
expression in the Spanish law and in the
Constitution of the United States, and is now
embodied in our own Constitution as one of
the fundamental rights of the citizens.
128. DRAGNET OPERATION – Is a police
operation purposely to seal off the probable
exit points of fleeing suspects from the crime
scene to prevent their escape.
129. DRAFT – A promissory note signed by
the client of the bank.
130. DUE PROCESS OF LAW – The
requirement that no person shall be held to
answer for a criminal offense without “due
process of law” simply requires that the
procedures fully protect the life, liberty, and
property of the citizens in the State.
131. DYING DECLARATION – Requisites.
In order that a dying declaration may be
admissible, the following requisites must
concur;

1) it must concern the crime involved in
and the circumstances surrounding the
declarant’s death;
2) at the time of the declaration, the
declarant must be conscious of impending
death;
3) the declarant must be competent as a
witness; and
4) the declaration must be offered in a
criminal case for homicide, murder, or
parricide in which the declarant was the
victim.
132. ELECTRONIC DATA MESSAGE –
Refers to information generated, sent,
received or stored by electronic, optical or
similar means, but not limited to, electronic
data interchange (EDI), electronic mail,
telegram, telex, or telecopy. Throughout
these Rules, the term “electronic data
message” shall be equivalent to and be used
interchangeably with “electronic document.”
133. ELECTRONIC DOCUMENT – Refers to
information or the representation of
information, data, figures, symbols or other
modes of written expression, described or
however represented, by which a right is
established or an obligation extinguished, or
by which a fact be proved and affirmed,
which is received, recorded, transmitted,
stored, processed, retrieved or produced
electronically. Throughout these Rules, the
term “electronic document” shall be
equivalent to and be used interchangeably
with “electronic data message.”

134. ELECTRONIC SIGNATURE – Refers to
any distinctive mark, characteristic and/or
sound in electronic form, representing the
identity of a person and attached to or
logically associated with the electronic data
message or electronic document or any
methodology or procedures employed or
adopted by a person and executed or adopted
by such person with the intention of
authenticating or approving an electronic data
message or electronic document.
135. EMBEZZLEMENT – Embezzlement is a
purely statutory offense and may be defined
as the fraudulent appropriation to one’s own
use of money or goods entrusted to one’s
care by another; the fraudulent appropriation
of property by a person to whom it has been
entrusted or into whose hands it has lawfully
come.
136. EMINENT DOMAIN – The right of a
government to take and appropriate private
property to public use, whenever the public
exigency requires it; which can be done only
on condition of providing a reasonable
compensation therefore.
137. ENTRAPMENT – While instigation
exempts, entrapment does not; the difference
between the two being that in entrapment
the crime had already been committed while
in instigation the crime was not yet and
would not have been committed were it not
for the instigation by the peace officer.
138. EVIDENCE – The means sanctioned by
the Rules of Court, of ascertaining in a

judicial proceeding the truth respecting a
matter of fact. These include but are
139. not limited to documentary,
testimonial, electronic and object evidence,
gathered in the course of the investigation.
140. EVIDENT PREMEDITATION –
Evident premeditation involves, in its legal
sense, not only a determination to commit
the crime prior to the moment of its
execution, but that resolve to carry out the
criminal intent must have been the result of
deliberation, calculation or reflection through
a period of time sufficient to dispassionately
consider and accept the final consequences
thereof, thus indicating a greater perversity.
141. EX PARTE – Of or from one party;
without notice to the other party.
142. EXPLOITATION – Shall include, at the
minimum, child prostitution, child
pornography and other forms of sexual
exploitation, child labor, force labor or
services, slavery or practices similar to
slavery, servitude, removal and sale of
organs, use in illicit/illegal activities, and
participation in armed conflict. The hiring,
employment, persuasion, inducement, or
coercion of a child to perform in obscene
exhibitions and indecent shows, whether live
or in video or film or to pose or act as a
model in obscene publications or
pornographic materials, or to sell or distribute
143. said materials.
144. EXPLOSIVES – Any chemical
compound, mixture or device, the primary or
common purpose of which is to function by

explosion. The term includes, but is not
limited to, high explosives, black powder,
pellet powder, initiating explosives,
detonators, safety fuses, squibs, detonating
cord, igniter cord and igniter.
145. EXPLOSIVE INCIDENTS – Any
explosives-involved situation that
encompasses bombings, incendiary
bombings, attempted bombings, stolen and
recovered explosives, threats to government
facilities involving explosives, hoax devices
and bomb threats.
146. EXPLOSIVE ORDNANCE DISPOSAL
(EOD) PERSONNEL – Refers to personnel of
the Armed Forces of the Philippines (AFP),
Philippine Coast Guard(PCG) and the National
Bureau of Investigation (NBI).
147. FAIT ACCOMPLI – A thing done or
accomplished.
148. FEE SIMPLE – Absolute ownership or
full right or proprietorship.
149. FENCING –Is the act of any person
who, with intent to gain for himself or for
another, shall buy, receive, posses, keep,
acquire, conceal, sell or dispose of, or shall
buy and sell, or in any other manner deal in
any article, item, object or anything of value
which he knows, or should be known to him,
to have been derived from the proceeds of
the crime of robbery or theft.
150. FIRE ANALYSIS - The process of
determining the origin, cause, and
responsibility as well as the failure analysis of
fire or explosion.

151. FIRE CAUSE - The circumstances or
agencies that bring a fuel and an ignition
source together with proper air or oxygen.
152. FIRE SPREAD - The movement of fire
from one place to another.
153. FIRE SCENE RECONSTRUCTION – It
is the process of recreating the physical scene
during the fire scene analysis through the
removal of debris and the replacement of
contents or structural elements in their pre-
fire position.
154. FLASH FIRE - A fire that spreads with
extreme rapidity, such as one that rises over
dust, over the surface of flammable liquids,
or through gases.
155. FIRST RESPONDERS – Are members
of the police, military, fire, medical teams,
and other volunteer organizations who are
expected to be the first to respond to calls for
assistance in cases of incidents involving
explosives.
156. FORCIBLE ABDUCTION – Under Art
342, RPC, they are
1) the person abducted has to be a
woman, regardless of her age, morality and
reputation;
2) against her will; and 3) with lewd
designs.
157. FORUM SHOPPING – The act of filling
the same suit in different courts. It is an act
of malpractice that is proscribed and
condemned as trifling with the courts and
abusing their processes. It is improper
conduct that tends to degrade the
administration of justice.

158. FUEL LOAD - The total quantity of
combustible contents of the building, spaces,
or fire area, including interior finish and trim,
expressed in heat units or the equivalent
weight in wood.
159. FUNCTUS OFICIO – Legally defunct.
Something which once has had life and
power, but which has become of no virtue
whatsoever.
160. GOVERNMENT – Includes the national
government, the local governments, the
government-owned and government-
controlled corporations, all other
instrumentalities or agencies of the Republic
of the Philippines and their branches.
161. GRAVEMEN – In civil law and as used
and understood in ordinary legal parlance, a
lien and /or encumbrance is synonymous with
“gravemen”.
162. GRAVE ABUSE OF CONFIDENCE –
The term “grave abuse of confidence” in Art
310 of RPC, on qualified theft, refers to a
breach of the high degree of confidence
reposed by the offended party upon the
offender by reason of dependence,
guardianship, or vigilance.
163. GRAVE ABUSE OF DISCRETION –
Error of judgment. Both differ in that grave
abuse of discretion means capricious and
arbitrary exercise of judgment while error of
judgment means the mistakes actually
committed in adjudication.
164. HABEAS CORPUS – The writ of
habeas corpus is the means by which judicial
inquiry is made into the alleged

encroachments upon the political and natural
rights of individuals, such as restraint of
liberty.
165. HIJACKING – A term which
immediately conjures the images of a group
of heavily armed and determined men and
women holding up an airplane, ship, bus,
van, or other vehicle in order to achieve their
nefarious objectives.
166. HIGHWAY ROBBERY –The seizure of
any person for ransom, extortion or other
unlawful purposes, or the taking away of the
property of another by means of violence
against or intimidation of person or force
upon thing or other unlawful means,
committed by any person on any Philippine
Highway.
167. HOMICIDE - Any person who shall kill
another without the attendance of any of the
circumstances enumerated in the crime of
murder. (Under Art 249 RPC)
168. ILLEGAL RECRUITMENT - It is any
act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring of
workers which includes referring, contract
services, promising or advertising for
employment abroad, whether for profit or
not, when undertaken by a nonlicense or
nonholder of authority contemplated under
this provision.
169. ILLICIT CONSIDERATION – One
which is contrary to law and morals.
170. IN ARTICULO MORTIS – At the point
of death.

171. IN FLAGRANTE DELICTO – In the
very act of committing a crime.
172. IN PARI DELICTO – The principle of
“in pari delicto” does not apply to a simulated
or fictitious contact nor to an inexistent
contract which is devoid of consideration, and
an illegal purpose cannot supply the want of
consideration.
173. INFANTICIDE –The killing of an infant
less than 3 days old. (Under Art 255 RPC)
174. INFRINGEMENT – An invasion of one
of the exclusive rights of intellectual property.
Infringement of a utility patent involves the
making, using, selling, offering to sell, or
importing of a patented product or process
without permission. Infringement of a design
patent involves fabrication of a design that,
to the ordinary person, is substantially the
same as an existing design, where the
resemblance is intended to induce an
individual to purchase one thing supposing it
to be another. Infringement of a trademark
consists of the unauthorized use or imitation
of a mark that is the property of another in
order to deceive, confuse, or mislead others.
Infringement of a copyright involves
reproducing, adapting, distributing,
performing in public, or displaying in public
the copyrighted work of someone else.
175. INITIAL CONTACT WITH THE
CHILD – Refers to the apprehension or
taking into custody of a child in conflict with
the law, by law enforcement officers or
private citizens. It includes the time when the
child alleged to be in conflict with the law

receives a subpoena under Section 3(b) of
Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6(a) or
Section 9(b) of the same Rule in cases that
do not require preliminary investigation or
where there is no necessity to place the child
alleged to be in conflict with the law under
immediate custody.
176. INTELLECTUAL PROPERTY- It is the
creation of the human mind that has
commercial value and is given the legal
aspects of a property right. Intellectual
property is an all-encompassing term now
widely used to designate as a group all of the
following fields of law: patent, trademark
secret, moral rights, and the right of
publicity.
177. INTENTIONAL ABORTION – Any
person who shall intentionally cause abortion
upon a pregnant woman, or if done without
violence but acted with the consent of the
woman.
178. INTER-AGENCY COUNCIL AGAINST
TRAFFICKING OR IACAT – Shall refer to
the inter-agency body created by Sec. 20 of
Republic Act 9208.
179. INTERVENTION – Refers to a series
of activities designed to address issues that
cause the child to commit an offense. It may
take the form of an individualized treatment
program, which may include counseling, skills
training, education, and other activities that
will enhance his/her psychological, emotional
and psycho-social well-being.

180. INVESTIGATION – While instigation
exempts, entrapment does not; the difference
between the two beings that in entrapment
the crime had already been committed while
in instigation the crime was not yet, and
would not have been, committed were it not
for the instigation by the peace officer.
- An inquiry, judicial or otherwise, for
the discovery and collection of facts
181. concerning the matter or matters
involved.
- It is the process of inquiring, eliciting,
soliciting and getting vital
information/facts/circumstances in order to
establish the truth.
182. INVESTIGATOR/OFFICER – Shall
refer to any law enforcement personnel
belonging to the duly mandated law
enforcement agencies (LEA) tasked to enforce
Republic Act 9208 such as officers,
investigators and agents of the Philippine
National Police, National Bureau of
Investigation, Bureau of Immigration.
183. IMPROVISED EXPLOSIVE DEVICE –
A homemade device consisting of
explosives/incendiary and firing components
necessary to initiate explosion.
184. INTERIM – Temporary, provisional, of
passing and temporary duration, as opposed
to permanent and regular.
185. IPSO FACTO – By the fact or act
itself.
186. JUDICIAL NOTICE – Requisites.
Three prerequisites to judicial notice of any
suggested fact have been stated, namely,

1) that it must be a matter of common
and general knowledge,
2) that it must be will and authoritatively
settled, and not doubtful or uncertain, and
3) that it must be known to be within the
limits of the jurisdiction of the court.
187. JURISDICTION – The word
“jurisdiction” as used in the Constitution and
statues means jurisdiction over the subject
matter only, unless an exception arises by
reasons of its employment in a broader
sense.
188. JURISPRUDENCE – The groundwork
of the written law. The science of law; the
particular science of giving a wise
interpretation to the laws and making a just
application of them to all cases as they arise.
In an untechnical sense, the term sometimes
means Cases Law.
189. LAND TRANSPORTATION
DISASTER - Is a land transportation sector
accident, e.g. rail road and motor vehicle
accidents causing serious loss of lives,
injuries and damage to properties.
190. LASCIVIOUSNESS – The term
“lasciviousness” in Art 336, RPC comprises all
acts of lasciviousness performed upon a
person of either sex, short of lying with a
woman and anything leading up to it,
independently of the intention of the
wrongdoer.
191. LASCIVIOUS CONDUCT – The
intentional touching, either directly or
through clothing, of the genitalia, anus, groin,
breast, inner thigh or buttocks or the

introduction of any object into the genitalia,
anus or mouth, of any person, whether of the
same or opposite sex, with an intent to
abuse, humiliate, harass, degrade, or arouse
or gratify the sexual desire of any person,
whether of the same or opposite
192. sex, with an intent to abuse, humiliate,
harass, degrade or arouse or gratify the
sexual desire of any person, bestiality,
masturbation, lascivious exhibition of the
genitals or pubic area of a person;
193. LAST CLEAR CHANCE – A doctrine
that a person who has the last clear chance
to void the impending harm and fails to do so
is chargeable with the consequences, without
reference to the prior negligence of the other
party.
194. LAW ENFORCEMENT – It involves
PNP - initiated projects and activities geared
towards improving the peace and order
situation and professionalizing the people.
195. LEWD – The unlawful indulgence of
lust.
196. LICENSE – A permission to use an
intellectual property right, under defined
conditions as to time, context, market line, or
territory. In intellectual property law,
important distinctions exist between
“exclusive licenses” and “nonexclusive
licenses”. An exclusive license does not
necessarily mean that this is the one and only
license granted by the licensor. In giving an
exclusive license, the licensor promises that
he or she will not grant other licenses of the
same rights within the same scope of field

covered by the exclusive license. However,
the owner of rights may grant any number of
nonexclusive licenses of the same rights. In a
nonexclusive license, title remains with the
licensor. A patent license is a transfer of
rights that does not amount to an assignment
of the patent. A trademark or service mark
can be validly licensed only if the licensor
controls the nature and quality of the goods
or services sold by the licensee under the
licensed mark. Under copyright law, an
exclusive licensee is the owner of a particular
right of copyright, and he or she may sue for
infringement of the licensed right. There is
never more than a single copyright in a work
regardless of the owner’s exclusive license of
various rights to different persons.
197. LOCAL INTER-AGENCY COUNCIL
AGAINST TRAFFICKING – Shall refer to the
local institutional structure created at the
regional, provincial, city and or/ municipal
level to coordinate and monitor the
implementation of Republic Act 9208 within
their jurisdiction.
198. MACRO-ETCHING - The examination
of the serial number of engine and chassis of
a motor vehicle by a Crime Laboratory
Technician by means of applying chemicals
solution on the said serial numbers to
determine whether there is tampering and for
possible restoration of the tampered serial
numbers.
199. MALA INSE – A wrong act by its
nature punished as felonies under the RPC.
Example: murder, rape, etc.

200. MALA PROHIBITA – A wrong act
arising out of doing an act prohibited by
special laws. Example is illegal possession of
firearms.
201. MALFEASANCE or MISCONDUCT–
Any wrongful, improper or unlawful conduct
motivated by premeditated, obstinate or
intentional purpose. It usually refers to
transgression of some established, obstinate
or intentional purpose. It usually refers to
transgression of some established and
definite rule of action, where no discretion is
left except where necessity may demand; it
does not necessarily imply corruption or
criminal intention.
202. MISFEASANCE or IRREGULARITIES
IN THE PERFORMANCE OF DUTY– The
improper performance of some act which
might lawfully be done.
203. MAN-MADE DISASTER- A disaster
caused by human activity, e.g. fires (initiated
by man), transportation accidents (air, sea
and land), nuclear attacks, chemical spills,
and bombings.
204. MIRANDA DOCTRINE – A principle on
the rights of a suspect from forced self-
incrimination during police interrogation as
enshrined in the 1987 Philippine
Constitution’s Bill of Rights (Article III, Sec.
12).
205. MONEY MARKET – A bank transaction
wherein a particular bank will issue a
promissory note in favor of another bank.
206. MOOT CASE – A case is considered as
presenting a moot question when a judgment

thereon cannot have any practical legal effect
or, in the nature of things, cannot be
enforced.
207. MORAL RIGHTS - It has three
categories: the right of an author to receive
credit as the author of a work, to prevent
others from falsely being named author, and
to prevent use of the author’s name in
connection with works the author did not
create; the right of an author to prevent
mutilation of a work; and the right to
withdraw a work from distribution if it no
longer represents the views of the author.
208. MORAL CERTAINTY – A certainty that
convinces and satisfies the reasons and
conscience of those who are to act upon a
given matter.
209. MORTGAGOR – The word
“mortgagor”, as used in the charter of the
Philippine National Bank in connection with
the right of redemption, includes both the
estate of a deceased mortgagor and his heirs.
210. MOTION – Motions are various kinds
and may be classified as litigated, expert,
special, or a motion of course.
211. MOTOR VEHICLE - Any vehicle
propelled by means other than muscular
power using the public highways, but
excepting rollers, trolley cars, street
sweepers, sprinklers, lawnmowers,
bulldozers, graders, forklifts, amphibian
trucks and cranes if not used on public
highways; also, vehicles which run only on
rails or tracks, and tractors, trailers and

traction engines of all kinds used exclusively
for
212. agricultural purposes. Trailers having
any number of wheels, when propelled or
intended to be propelled by attachments to
any motor vehicles shall be classified as
separate motor vehicles with no power rating.
(Sec 2, RA 4136)
213. MOTU PROPIO – On its own motion
or initiative.
214. MURDER – Any person who shall kill
another person with evident premeditation,
treachery, superior strength, aid of armed
men, consideration of prize and reward of
promise and by means of fire, poison,
explosion and other means involving great
waste and ruin. (Under Art 248, RPC)
215. NATURAL DISASTER - A disaster
caused by natural forces rather than by
human action, e.g. floods, storms,
typhoons/tornados, drought, earthquakes,
volcanic eruptions.
216. NEGATIVE EVIDENCE – Evidence is
negative when the witness states that he did
not see or know the occurrence of a fact.
217. NEGATIVE PREGNANT – A denial in
the answer which, although in the form of a
traverse, really admits a material part of the
averment. A denial in the form of a negative
pregnant does not raise a material issue, and
operates as an admission of the substance of
the allegations to which it is directed.
218. NEGLECT – Failure to provide, for
reasons other than poverty, adequate food,
clothing, shelter, basic education or medical

care so as to seriously endanger the physical,
mental, social and emotional growth and
development of the child.
219. NEGLECT OF DUTY – The omission or
refusal, without sufficient excuse, to perform
an act or duty, which it was the officer’s legal
obligation to perform.
220. NEIGHBORHOOD INVESTIGATION
– One of the most crucial steps in Kidnap for
Ransom cases which is often overlooked or
underemphasized. The objective is to identify
and interview in person all individuals in the
area where the victim was kidnapped and/or
last known sighting area during the window of
opportunity (last time seen until the time
discovered missing).
221. NOMINAL PARTY – One who is joined
as plaintiff or defendant, not because he has
any real interest in the subject matter or
because any relief is demanded as against
him, but merely because the technical rules
of pleading require his presence on the
record.
222. NONFEASANCE or NEGLECT OF
DUTY – The omission or refusal, without
sufficient excuse, to perform an act or duty,
which it was the peace officer’s legal
obligation to perform; implies a duty as well
as its breach and the fact can never be found
in the absence of duty.
223. OBITER DICTUM – A statement made
in passing; a rule issued on a point not
necessarily involved in the case.
224. OBLIGATION – A judicial necessity to
give, to do or not to do.

225. OCCULAR INSPECTION – An
auxiliary remedy which the law affords the
parties or the court to reach an enlightened
determination of the case, either to clear a
doubt, to reach a conclusion, or to find the
truth, by viewing the object related to the
fact in issue.
226. OFFENDED PARTY – In oral
defamation or libel, the “offended party”
referred to in par. 4 Art 360, RPC, and in Sec
4, Rule 110, Rules of Court, is the person
appearing to have been defamed, discredited,
damaged and prejudiced by the imputation
made. The “offender party” who intervenes in
a criminal action, under Sec 15 Rule 110,
Rules of Court, is the person who is entitled
to civil indemnity in the civil action arising out
of the criminal act for which the accused is
charged.
227. ONUS PROBANDI – The obligation
imposed upon a party who alleges the
existence of a fact or thing necessary in the
prosecution of defense of an action, to
establish its proof. The obligation imposed by
law on a party to the litigation to persuade
the court that he is entitled to relief. If no
evidence is presented on a particular issue,
the party having the burden of proof as to
issue will lose, and if that issue is terminative
of the cause of action, he will lose the
litigation.
228. OPINION – The opinion of the Court is
that portion of the judgment containing the
findings of facts and the conclusions of law.

229. ORGANIZED CRIMINAL GROUP – A
structured group of three or more persons,
existing for a period of time and acting in
concert with the aim of committing one or
more serious crimes or offenses as defined in
the United Nations Convention against
Transnational Organized Crime, in order to
obtain, directly or indirectly, financial or other
material benefit.
230. ORGANIZED CRIME – A combination
of two or more persons who are engaged in a
criminal or virtual criminal activity on a
continuing basis for the purpose of profit or
power using gangland style to attain their
purpose.
231. OUT-OF-TOWN CHECK – A check
being presented for encashment before any
bank not within the territory where the
issuing bank is located
232. PARENTS PATRIAE – Parent or
guardian of the country. The states as a
sovereign, as parent patriae, has the right to
enforce all charities of a public nature, by
virtue of its general superintending authority
over the public interest, where no other
person in entrusted with it. A prerogative
inherent in the supreme, power of every
State, to be exercised in the interest of
humanity, and for his prevention of
233. injury to those who cannot protect
themselves.
234. PARRICIDE - Any person who kills his
father, mother or child whether legitimate or
illegitimate or any of his ascendants or

descendants or his spouse shall be guilty of
parricide.
235. PAROLE EVIDENCE – Requisites. For
the admissibility of parole evidence of the
ground of mistake or imperfection of the
writing, the following requisites must concur;
1) the mistake should be of fact;
2) the mistake should be mutual or
common to both parties to the instrument;
and
3) the mistake should be alleged and
proved by clear and convincing evidence.
236. PASSPORT – A document issued by
the Philippine government to its citizens and
requesting other governments to allow its
citizens to pass safely and freely, and in case
of need to give him/her all lawful aid and
protection.
237. PATENT – A grant by the federal
government to an inventor of the right to
exclude others from making, using, or selling
the invention. There are three very different
kinds of patents: a utility patent on the
functional aspects of products and processes;
a design patent on the functional aspects of
products and processes; a design patent on
the ornamental design of useful objects; and
a plant patent on a new variety of living
plant. Patents do not protect “ideas”, only
structures and methods that apply
technological concepts. In return for receiving
the right to exclude others from a precisely
defined scope of technology, industrial
design, or plant variety, which is the gist of a
patent, the inventor must fully disclose the

details of the invention to the public. This will
enable others to understand the invention
and be able to use it as a stepping-stone to
further develop the technology. Once the
patent expires, the public is entitled to make
and use the invention and is entitled to a full
and complete disclosure of how to do so.
238. PERSON – Includes natural and
juridical persons, unless the context indicates
otherwise.
239. PERSON IN AUTHORITY – Person in
authority refers to all those persons who by
direct provision of law or by appointment of
competent authority are charged with the
maintenance of public order and the
protection and security of life and property,
as well as all persons who come to the aid of
agents of authority; it being public
functionaries are entitled to be considered as
agents of authority, it being understood,
nevertheless, that in order that the persons
who come to the aid of an agent of authority
may be considered as agents of authority, it
is an essential condition that they lend such
assistance, by virtue of an order or request of
such agent of authority.
240. PHYSICAL EXAMINATION - The
conduct of examining the engine and chassis
number of a motor vehicle by a Crime
Laboratory Technician and/or Police Officer
through the used of the naked eyes to
determine whether there is a sign of
tampering/alteration.
241. PHYSICAL EVIDENCE - Evidence
addressed to the senses of the court that are

capable of being exhibited, examined, or
viewed by the court. This includes but not
limited to fingerprints, body fluids,
explosives, hazardous chemicals, soil/burned
debris, bombs, electronic parts used in the
commission of
242. the crime.
243. PHYSICAL INJURY- Harm done to a
child’s psychological or intellectual functioning
which may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive
behavior, or a combination of said behaviors
which may be demonstrated by a change in
behavior, emotional response or cognition;
244. PIRACY – The act of exact,
unauthorized, and illegal reproduction on a
commercial scale of a copyrighted work or of
a trademarked product.
245. PNP CRISIS MANAGEMENT
COMMITTEE (PNP CMC) - A Committee
created by the PNP that specifically handles
cases of kidnapping.
246. POINT OF ORIGIN - The exact
physical location where a heat source and
fuel comes in contact with each other and a
fire begins.
247. POLICE BLOTTER – A record or log
where all types of operational and undercover
dispatches shall be recorded containing the
five "W"s (WHO, WHAT, WHERE, WHEN AND
WHY) and one "H" (HOW) of an information.
248. POLICE CHECKPOINT – A location
where the search is conducted which is duly
authorized by the PNP to deter/prevent the

commission of crimes, enforce the law, and
for other legitimate purposes.
249. POST – A Philippine diplomatic and
consular position such as an Embassy or
Consulate.
250. POST-BLAST INVESTIGATION
(PBI) - Comprehensive forensic inquiry
specifically on a bombing incident through
conduct of various investigative techniques
which involves recovery of physical evidence
mainly for reconstruction of explosive
fragments recovered to determine the device
components, the modus operandi and
subsequently to identify the perpetrator(s).
251. POST BLAST INVESTIGATION TEAM
– Composed of the criminal investigator(s)
assisted by the bomb technicians/EOD
personnel and SOCO personnel.
252. PROJECT PROPOSAL – The
recommended format or documentary vehicle
to be used in the presentation of the
operational concepts and administrative
necessities in the conduct of intelligence
special projects for the processing and
approval of designated authority.
253. PROXIMATE CAUSE – The proximate
cause of an injury is the one which produces
the injury either directly or thru other causes
which it sets in motion and thru which it acts
in a natural line of causation. It is the cause
that directly produces the effects without the
intervention of any other cause.
254. PUBLIC OFFICER – Elective and
appointive officials and employees,
permanent or temporary, whether in the

classified or unclassified or exemption service
receiving compensation, event nominal, from
the government.
255. QUANTUM MERIT – Elements. In
fixing the reasonable compensation of
lawyers for services rendered on quantum
merit, the elements to be considered
generally are:
1) the importance of the subject matter of
the controversy;
2) the extent of the services rendered;
and
3) the professional standing of the lawyer.
256. QUESTION OF FACT – There is a
question of fact when the doubt of difference
arises as to the truth or falsehood of alleged
facts, or when it involves an examination of
the probative value of the evidence presented
by the litigants or any of them.
257. QUESTION OF LAW – There is a
question of law in a given case when the
doubt or difference arises as to what the law
is on a certain state of facts.
258. RADIATION - Heat transfer by way of
electromagnetic energy.
259. REASONABLE DOUBT – A reasonable
doubt is not a mere guess that defendant
may or may not guilty; it is such a doubt as a
reasonable man might entertain after a fair
review and consideration of the evidence.
260. RECEIVING ANY GIFT – Includes the
act of accepting directly or indirectly a gift
from a person other than a member of the
public officer’s immediate family, in behalf of
himself or of any member of his family or

relative within the fourth civil degree, either
by consanguinity or affinity, even on the
occasion of a family celebration or national
festivity like Christmas, if the value of the gift
is under the circumstances manifestly
excessive.
261. RECLUSION PERPETUA – The
penalty of life imprisonment. However, the
offender is eligible for pardon after serving
the penalty for thirty years.
262. RECOVERY/DISCOVERY/SEIZURE -
Refers to any seized, abandoned, or
purchased (undercover) explosives/military
ordnance materials taken into custody by PNP
or other law enforcement agencies.
263. REKINDLE - A return to flaming
combustion after incomplete extinguishment,
such as fire reigning at some time after being
put out.
264. RES GESTAE – Statement
accompanying and explaining the facts in
issue. Statements, otherwise inadmissible in
evidence because they are hearsay, which are
sufficiently contemporaneous with the act
they accompany and explain, admissible in
evidences as part of the “res gestae”.
265. RES IPSA LOQUITUR – The thing
speaks for itself.
266. RIGHT OF PUBLICITY – The inherent
right of every human being to control the
commercial use of his or her identity.
267. ROBBERY – The taking of personal
property belonging to another with intent to
gain, by means of violence against or

intimidation of any person, or using force
upon anything.
268. SEPARATION OF POWERS – A basic
concept under our Constitution, embodying
the principle of a tripartite division of
government authority entrusted to Congress,
the President, and the Supreme Court as well
as such inferior courts as may be created by
law. Three independent departments of
government are thus provided for, the
legislative vested with the lawmaking
function, the executive with
269. the enforcement of what has been thus
enacted, and the judiciary with the
administration of justice, deciding cases
according to law. The reason for such a
doctrine is to assure liberty, no one branch
being enabled to arrogate unto itself the
whole power to govern and thus in a position
to impose its unfettered will.
270. SERVICE OF SUMMONS – A notice to
the defendant informing him that an action
has been commenced against him which he
must answer within a specified time, or else
judgment with is taken against him. It is the
means by which the defendant is afforded an
opportunity, and rights, and thereby has
them safe in the defense of his person,
property, and rights, and thereby have those
safeguarded.
271. The principal object of this process is to
give the party to whom it is addressed a
notice of proceedings against him.
272. SEXUAL ABUSE – Includes the
employment, use, persuasion, inducement,

enticement or coercion of a child to engage
in, or assist another person to engage in,
sexual intercourse or lascivious conduct or
the molestation, prostitution, or incest with
children.
273. SPALLING - Chipping or pitting of
concrete or masonry surfaces.
274. SPIRIT OF THE LAW – The intent and
purpose of the lawmaker, or framer of the
Constitution, as determined by a
consideration for the whole context thereof
and, hence, of the letter of the law, in its
entirety and the circumstances surrounding
its enactment.
275. SOCIAL SERVICE PROVIDER –
Licensed social workers of the DSWD, local
social welfare and development office, and
NGOs workers who provide and assist in the
delivery of basic social welfare services such
as but not limited to providing food, clothing
temporary shelter, psychosocial intervention,
etc.
276. SPOT REPORT – Refers to an
immediate initial investigative or incident
report addressed to Higher Headquarters
pertaining to the commission of the crime,
occurrence of natural or man-made disaster
or unusual incidents involving loss of lives
and damage of properties.
277. STATE OF CALAMITY – A
governmental declaration over an area or
areas affected by or during a time of a
disastrous event or catastrophe. It is a formal
proclamation by the President or by the
concerned local chief executive over a

disaster area upon recommendation of the
disaster coordinating councils.
278. STATE WITNESS – Requisites – The
requisites for the discharge of an accused in
order that he may be made for the
prosecution are:
1) Two or more persons are charged with
the commission of the certain offense;
2) the petition for discharge is filed before
the defense has offered its evidence;
3) there is absolute necessity for the
testimony of the defendant whose discharge
is requested
4) there is no other direct evidence
available for the proper prosecution of the
offense committed except the testimony of
said defendant;
5) the testimony of said defendant can be
substantially corroborated in its material
points;
6) said defendant does not appear to be
the most guilty; and
7) said defendant had not at any time
been convicted of any offense involving moral
turpitude.
279. SUBSTANTIAL EVIDENCE –
“Substantial Evidence” means more than a
more scintilla; it is of a more substantial and
relevant consequence and excludes vague,
uncertain and irrelevant matter, implying a
quality of proof which induces conviction and
makes an impression on reason. It means
that the one weighing the evidence takes into
consideration all the facts presented to him
and all reasonable inferences, deductions and

conclusions to be drawn there from, and,
considering them in their entirety and relation
to each other, arrives at a fixed conviction.
280. SUBSTANTIVE DUE PROCESS – The
constitutional guaranty that no person shall
be deprived of his life, liberty, or property for
arbitrary reasons, such as a deprivation being
constitutionally supportable only if the
conduct from which the deprivation flows is
prescribed by reasonable legislation (that is,
the enactment is within the scope of
legislative authority) reasonably applied (that
is, for a purpose consonant with the purpose
of the legislation itself).
281. SUICIDE – Taking one’s own life
voluntarily and intentionally.
282. SUFFICIENT PROVOCATION – As a
mitigating circumstance, provocation that is
adequate to excite the person to commit the
wrong and proportionate to its gravity, and
which must also immediately precede the act.
283. SUMMARY OF INFORMATION (SOI)
– An intelligence report rendered regarding
any illegal activity or violation of laws being
observed by intelligence operatives within a
given area of responsibility. This is the usual
basis of case operations hence information
received should be cared, validated,
counterchecked, analyzed and evaluated.
284. SUPERVENING EVENT – A doctrine in
criminal procedure which holds that where a
new fact (such as a deformity) for which the
defendant is responsible has supervened and
this new fact charges the character of the
crime first imputed to him, so that, together

with the facts previously existing, it
constitutes a new and distinct offense, no
double jeopardy exists.
285. SUPPORTING DOCUMENTS – Any
paper or document which is required to be
submitted with the passport application
supporting claims to Filipino citizenship to
complete the application for a passport
without which such application would be
deemed incomplete or otherwise become
subject to denial by the issuing authority.
286. SUSPECT OR SUSPECTS –
Individual(s) who is/are pointed to be by the
victim(s) and witness(es) to have had
committed the crime in issue. Subject person
is not considered as a criminal unless
otherwise his/her conviction is pronounced in
the court.
287. TACTICAL INTERROGATION
REPORT – The report rendered by an
interrogator/ investigator which contains the
following information of subjects:
a) Personal and family background;
b) Educational background;
c) Professional background;
d) Criminal activities/ associates,
armaments;
e) Plans.
288. TERRORISM - Any person who
commits an act punishable under the Revised
Penal Code hereby sowing and creating a
condition of widespread and extraordinary
fear and panic among the populace, in order
to coerce the government to give in to an

unlawful demand shall be guilty of the crime
of
289. terrorism
290. THEFT - Theft is committed by any
person who, with intent to gain but without
violence against or intimidation of neither
persons nor force upon things, shall take
personal property of another without the
latter’s consent.
291. THE STATE – Shall refer to the
Philippine government and its relevant
government agencies, organizations and
entities.
292. TRADEMARK - A word, slogan, design,
picture, or any other symbol used to identify
and distinguish goods. Any identifying
symbol, including a word, design, or shape of
a product or container, that qualifies for legal
status as a trademark, service mark,
collective mark, certification mark, trade
name, or trade dress. Trademarks identify
one seller’s goods and distinguish them from
goods sold by others. They signify that all
goods bearing the mark come from or are
controlled by a single source and are of an
equal level of quality. A trademark is
infringed by another if the second use causes
of confusion of source, affiliation, connection,
or sponsorship.
293. TRADE NAME – A symbol used to
identify and distinguish companies,
partnerships, and businesses, as opposed to
marks used to identify and distinguish goods
or services.

294. TRAFFICKING IN PERSONS –The
recruitment, transport, transfer or harboring,
or receipt of persons with or without consent
or knowledge, within or across national
borders, by means of threat or use of force,
or other forms of coercion, abduction, fraud,
deception, abuse of power or of position,
taking
295. advantage of the vulnerability of the
person, or, the giving or receiving of
payments or benefits to achieve the consent
of the person having control over another
person for the purpose of exploitation or the
prostitution of others or others forms of
sexual exploitation, forced labor, or services,
slavery, servitude or the removal or sale of
organs.
296. TRAVEL DOCUMENT – A certification
or identifying document containing the
description and other personal circumstances
of its bearer, issued for direct travel to and
from the Philippines valid for short periods or
a particular trip. It is issued only to persons
whose claim to Philippine citizenship is
doubtful or who fall under the category
enumerated in Section 13 of this Act.
297. UNINTENTIONAL ABORTION – Any
person who shall cause an abortion by
violence, but not intentionally.
298. UNSCRUPULOUS – Unprincipled, or
not scrupulous. So, a person who is without
scruple would be one who is lacking in moral
integrity, or in principles; not adhering to
ethical standards; careless; imprudent.

299. VENUE – Venues deals with the
locality, the place where the suit may be had,
while jurisdiction treats of the power of the
court to decide the case on the merits.
300. VICTIM – The aggrieved party.
301. VICTIM COMMUNICATOR – The
person to whom any demand has been or is
likely to be made by the kidnapper and who
is expected by the offender to respond.
302. VICTIMOLOGY/VICTIM PROFILING
– A detailed account of the victim’s lifestyle
and personality assists in determining the
nature of the disappearance, the risk level of
the victim and the type of person who could
have committed the crime.Complete
information regarding the victim’s physical
description, normal behavioural patterns, the
family dynamics, and known friends and
acquaintances should be obtained as soon as
possible.
303. VISA – An endorsement made on a
travel document by consular officer at a
Philippine Embassy or Consulate abroad
denoting that the visa application has been
properly examined and that the bearer is
permitted to proceed to the Philippines and
request permission from the Philippine
Immigration authorities at the ports of entries
to enter the country.
304. VOLUNTARY SURRENDER – A
surrender to be voluntary, as mitigating
circumstances in criminal law, must be
spontaneous, showing the intent of the
accused to submit him unconditionally to the
authorities.

305. WAIVER – The doctrine of waiver,
from its nature, applies ordinarily to all rights
of privileges to which a person is legally
entitled, provided such rights or privileges
belong to the individual and are intended
solely for his benefit.
306. WATERBORNE DISASTER- A disaster
occurring in water areas as a result of both
natural and man-made causes, e.g. ship
collision; ships sank by typhoon, overloading
resulting in mass drowning, dam collapse,
flash floods and marine pollution.

SOURCES
 CRIMINAL INVESTIGATION MANUAL:

DIRECTORATE FOR INVESTIGATION AND
DETECTION MANAGEMENT
 CRIMINAL JUSTICE SYSTEM: ASALAN,

YANG, BOLANTE, HUNT PUBLISHING HOUSE
 INTRODUCTION TO
INVESTIGATIONS: THOMPSON ASIAN
EDITION – JOHN S. DEMPSEY
 FUNDAMENTALS OF CRIMINAL
INVESTIGATION – DEAN. EUGENIO CRUZ
 HANDBOOK OF CRIMINAL
INVESTIGATION AND DETECTION with
CRIMINAL EVIDENCE – CIRILO M. TRADIO
2000 EDITION CENTRAL BOOKS SUPPLY
 INTRODUCTION TO INVESTIGATION
– MIKEL D. LYMAN
 PHILIPPINE NATIONAL POLICE

OPERATIONAL PROCEDURES
 THE REVISED PENAL CODE OF THE

PHILIPPINES WITH SPECIAL PENAL
LAWS – REX BOOKSTORE,INC.

 UNPUBLISH REVIEW MATERIALS OF
CRIMZONE ENTERPRISES
“TO GOD BE THE GLORY!”


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CRIME DETECTION AND INVESTIGATION

CRIMINAL INVESTIGATION - is an art

It is a law enforcement officer’s work which

Criminal Investigation is considered a

CRIMINAL INVESTIGATOR - is a public

CRIME SCENE – refers to the venue or

THE THREEFOLD AIM OF INVESTGATION

(a) To identify the guilty party

The 1987 Constitution states that among

1. The right to remain silent

LECTURE NOTES ON FUNDAMENTALS 2

The primary job of an investigator is to

QUALITIES OF A GOOD INVESTIGATOR

1. Perseverance - the ability to stick to

LECTURE NOTES ON FUNDAMENTALS 3

GOLDEN RULES OF AN INVESTIGATOR

1. Identify and if possible, retain for

LECTURE NOTES ON FUNDAMENTALS 4

The Three (3) Classes of Information:

 Regular sources – information

 Cultivated sources – information

 Grapevine Sources – information

2. Interview or Interrogation - The

LECTURE NOTES ON FUNDAMENTALS 5

The twentieth century saw the

1. Alphonse Bertillon (criminal

LECTURE NOTES ON FUNDAMENTALS 6

The Thief Taker System

Thief-Takers were private citizens,

Jonathan Wild was well known

The Bow Street Runners

Henry Fielding, the eighteenth

He formed a small investigative unit,

LECTURE NOTES ON FUNDAMENTALS 7

The London Metropolitan Police

The “Met” was created through the

Criminal Investigation Division

CID was created and put in charge of both

Jack the ripper murders was one of the

LECTURE NOTES ON FUNDAMENTALS 8

Cardinal Mazari - led the way in developing

Eugene Francois Vidocq – He was a

Philadelphia Police Department – credited

Francis Tukey – became the pioneer

Kate Warne – was the first female detective.

The Secret Service - The Secret Service

Also the secret service shall have the

Texas Rangers – was organized as the first

LECTURE NOTES ON FUNDAMENTALS 10

INTERPOL – INTERPOL or the

Interpol was founded in 1923 and the

LECTURE NOTES ON FUNDAMENTALS 11

Investigation is the systematic and

THE ROLE OF AN INVESTIGATOR

The role of the investigator is distinctly

The role of an investigator is also

LECTURE NOTES ON FUNDAMENTALS 12

1. Training refers to the academic

THE BURDEN OF PROOF

The Burden of Proof refers to establishing

Investigation can be categorized into a

LECTURE NOTES ON FUNDAMENTALS 13

A crime is any act that the government