• INTERVIEW vs.

INTERROGATION
Interview is a simple questioning of a person inorder to obtain certain information
from the person being interviewed.

Interrogation is a skillful questioning of a suspected person of having committed a

crime or a person who is reluctant to make full disclosure of information in his
possession which is pertinent to the investigation.
• LEGAL REQUIREMENTS FOR INTERROGATION
• 1. Voluntariness, unlike in interview of a witness, the statement of the person
being interrogated must have been voluntarily and must not be a product of
threat, fear, fraud, coercion and other improper tactics.
• 2. The voluntariness requirements stemmed from the 1987 Constitution,
Article 3 section 12 (Miranda warning and RA 7438) rights of the accused
under the Custodial Investigation.
• 3. Jurisprudence dictates the correct procedure to be followed by the police
investigators in making an arrest and conducting custodial investigation.
• MIRANDA DOCTRINE
Miranda vs. Arizona
Any person under investigation for the commission of an offense shall the right to
be informed of his right to remain silent and to have a competent and
independent counsel preferably of his own choice. If the person cannot afford
services from the counsel, he must be provided with one for free. These rights
cannot be waived, except in writing and in the presence of counsel..
• REPUBLIC ACT No. 7438
• AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
• COGNITIVE INTERVIEW
• This is done by allowing the subject to narrate his account without
interruption, intervention or interference. It is only after the completion of
the uninterrupted narration that the investigation begins his direct and cross
examination (Garcia 2004)
• ELICITATION
• It is the method of acquiring desired information from a person who is
unaware that he is giving or providing wanted information, and if made
aware may not intend to give information.
Elicitation Techniques
1. Let the person talk about topics that interest him/her.
2. You must be a good listener, but you must also be prepared for conversation
give and take.
3. The elicitor should not change topics abruptly and without any apparent
connection.
4. Direct questions specially those touching on sensitive or personal subjects
should be avoided. The elicitor should act naturally.

5. The elicitor should pay particular attention to non-verbal reactions by the

subject.
6. You must try to accomplish too much too quickly. 7. The elicitor should write
down in details all pertinent information obtained when he is free to do so.
8. Don’t ask personal, revealing questions.
9. Use casual statements.
10. Draw individual’s attention to books or newspapers in the general field
wanted.
11. Use food and drink to obtain a relaxed atmosphere. 12. Use flattery if
applicable.
• INSTRUMENTATION/ CRIMINALISTICS
• It is defined as the scientific examination of real evidence; application of
instrument other scientific aids of methods of physical science in detecting
crimes.
• TRANSMITTAL OF EVIDENCE TO CRIME LABORATORY
• 1. The evidence should reach the laboratory as much as possible in the same
condition as when it was found.
• 2. The quantity of specimen should be adequate. Even with the best
equipment available, good results cannot be obtained from insufficient
specimen. Submit a known or standard specimen for comparison purposes.
• 3. Keep each specimen separate from each other so there will be no
intermingling or mixing of known and unknown materials. Wrap and seal in
individual packages when necessary.
• 4. Mark or label each piece of evidence for positive identification as the label
taken from particular location in connection with the crime under
investigation and;
• 5. The chain of custody of evidence must be maintained. Account for
evidence from the time its collected until it is produced in. Any break in the
 chain of the custody may make the material inadmissible as evidence in
court.
• THREE PHASES OF CRIME INVESTIGATION
1. TO IDENTIFY THE SUSPECT
2. TO LOCATE THE SUSPECT
3. TO PROVE EVIDENCE OF HIS GUILT
• A. CONFESSION AND ADMISSION
Confession - as defined in Section 29, Rule 130, Rules of Court is, “The declaration
of an accused expressly acknowledging his guilt of the charged, may be given
evidence against him.”
1. Extra – Judicial confession – those are made by the suspect during custodial
investigation. It is inadmissible unless corroborated by proof of corpus delicti. The
confession to be admissible it must be voluntary, in writing be made with the
assistance of a counsel of his own choice with full understanding of the
consequence of such confession.
voluntary - , means the accused speaks of his free will and accord, without
the inducement of any kind, and with a full and complete knowledge of the nature
and consequences of the confession.
Involuntary - those confessions obtained through force, threat, intimidation,
duress and or anything that influence the act of the confessor.

2. Judicial Confession - the plea of guilty maybe during arraignment or at any stage
of the proceedings where the accused changes his plea of not guilty to guilty. It is
an admission made in judicial proceeding or in an open court.
Admission – an admission is voluntary acknowledgement in express term or by
implication, by a party in interest or by another whose statement is legally bound,
against his interest or the existence or truth of a fact in dispute material to the
issue.
• B. EYEWITNESS TESTIMONY
The ideal identification is made by an objective person who is familiar with the
appearance of the accused and who personally witness the commission of the
crime.
• C. CIRCUMSTANTIAL EVIDENCE
In the absence of a confession and eyewitness, the identification of criminal may
be established indirectly by proving other facts or circumstances from which,
either alone or in connection with other facts the identity of other perpetrator can
be inferred. Evidence of this nature, usually falls into the following circumstances.
• Motive – can be defined as some inner drive, impulse, intention, etc. that
causes a person to do something or act in a certain way.
• Opportunity – is a circumstance which made it possible physically for the
suspect to commit crime; or in other words being in a position to commit
the offense.
• Intent – is the accomplishment of the act and where it is an element in the
commission of an offense, it must always be proved.

Associative Evidence – the physical evidence found at the scene during the course
investigation which could link the identity by means of clue material, personal
property, or the characteristics pattern of procedure deducted from the
arrangement.
Tracing Evidence – these are physical evidence which may assist the investigating
officer in locating the suspect.
Corpus Delicti Evidence – These are objects or substances which may be parts of
the body of the crime, of the victim, of the suspect/subject, guns. Knife, slug
recovered from the cadaver during the autopsy, body fluid, blood, finger prints,
footprints, etc.

• TRACE AND LOCATE THE CRIMINAL

- is concerned with locating and apprehending the offender.
- It is the clandestine form of investigation which consists of keeping any
person, places, or other physical and objects can be closely watch but are
generally incidental to the primary interest of seeking information about
people.

• SURVEILLANCE
Is the secret observation of a person, things and vehicles for the purpose of
obtaining information.
SURVEILLANT – is the person who maintains the surveillance or performs the
observation.
SUBJECT – the person or place being watched or surveyed
• TWO GENERAL TYPES OF SURVEILLANCE
• Moving Surveillance – May be referred to as TAIL or SHADOW, a moving
surveillance is conducted when a person, object or activity being watched
move from one place to another. The surveillant may however, move from
one vantage point to another in the immediate area.
• 2. Fixed Surveillance – Maybe referred as TAKE OUT, it is conducted when a
person, object or activity being watched is not expected to move from one
area. The surveillance may, however, move from one vantage point to
another in the immediate area.
• Method of Surveillance
a. Loose Surveillance – Observation of the subject or object is not continuous. The
surveillance maybe discontinued if the subject becomes suspicious or when the
services of another surveillant is required.
b. Close Surveillance – Continuous observation of the subject is maintained at all
time, even if the subject appears suspicious or openly accosts the surveillant and
accuses him of watching or following him.
c. Combination of Close and Loose Surveillance – These are circumstance which
usually depend on the specific act of the subject which necessitates a change from
loose surveillant to a close surveillance without prior notice. The investigator may
have to make this decision even without the benefit of instruction or counsel.
• FIVE (5) TECHNIQUES OF FOOT SURVEILLANCE
• ONE-MAN SURVEILLANCE
2. TWO-MAN OR “AB” SURVEILLANCE
3. THREE-MAN OR “ABC” SURVEILLANCE
4. LEAPFROG SURVEILLANCE
5. PROGRESSIVE SURVEILLANCE
Roping or Undercover Work – It is a form of investigation in which the investigator
a different and unofficial identity (a cover story) in order to obtain information.
Arrest or Undercover Agent – If an investigator is arrested by the police he must
act in accordance with his orders. If he has not received orders regarding the
disclosure of his identity in case by arrest by other law enforcement officers, he
must act according to his judgment.
VEHICLE SURVEILLANCE - The subject will move primarily by automobile,
therefore the necessitating the surveillant followed by an automobile.
• CLANDESTINE
• It the art of making contact or communicating with the government agent
(especially between agent handlers and action agents) and other intelligence
personnel working within the circle of the specified mission.
• It is used for passage of directives and information.
• It handles the movements of personnel, as in the case of escape and evasion.
• In some cases, to handle the movement of materials such as weapon,
sabotage supplies, radio, etc.
• Overt operation- is an operation conducted openly and without concealment.
• Covert operation - is one that is planned and executed in a way as to conceal
the identity of, or permit plausible denial by, the sponsor
• Clandestine operation differs from a covert operation in that it is done in
complete secrecy. It is planned and executed in such a way as to conceal the
operation itself, rather than just the identity of the sponsor
• Means of Clandestine Communication
a. Personal communication
• Personal meeting (Car pick-up, Hotel meeting, Safe house meeting,
Restaurant meeting)
• Brief encounter
• Brush pass
• Meeting between unknown
b. CUTOUT - a person or device interposed between to person or groups in order
to provide communication.
Intermediaries – an individual who serves as a cutout
• LIVE DROP (LD)– is a person in clandestine operation who accepts
information or material from one agent and surrenders it to another.
(2) Courier– A person who carries information or material from one individual in
clandestine operation and give it to another.
(3) MOVING LIVE DROP (MLD) – A type of unwitting courier, the person on whom
or whose personal effect clandestine materials is concealed without his
knowledge.
(4) ACCOMMOCATION ADRESS– this refers to address used for misleading be
readdressing the letter from one place to another.
c. CUT- OUT DEVISE- is a place or thing used in the communication between two
members of clandestine organization, and also a means of compacting one
element from another.

1. DEAD DROP (D/D)– is a place where clandestine material may be left by one
echelon and recovered by another.
2. MOVING DEAD DROP (MDD) – involves the use of some means of
transportation on material can be concealed at one point and recovered at
another.
3. Foot toss
4. Car toss
5. Mail
6. Advertisement
7. Telephone
8. Telegram and radiogram
9. Radio
• CASING
It is a reconnaissance or surveillance of a building, place or area to determine its
suitability for intelligence use or its vulnerability in an intelligence operation.
1.PERSONAL RECONNAISANCE– a personal in the area is the most effective and
will produce in the most information since you know just are looking for.
2. MAP RECONNAISANCE– a map reconnaissance alone may not be sufficient but
it can produce a certain amount of usable information. From a map, it is possible
to get a good survey of road and street network.
13:17-32 old testament of bible - Moses sent 12 scout to spy out the land and
people of Canaan and location and their nature of living.
UNDERCOVER ASSIGNMENT - The non-uniformed or plainclothes investigator is in
a good position to observe illegal activities and obtain evidence.
• FUGITIVE
A person having committed a crime flees from jurisdiction of the court where
crime was committed or departed from his usual place of abode and conceals
himself within the district.
A person who, having committed a crime in one state, has left its jurisdiction and
is found within the territory of another when it is sought to subject him to the
criminal process of the former state.
WANTED LIST/WATCH LIST/TARGET LIST
The wanted list is a list consisting of person who is subject for arrest. For a person
to include on the most wanted list, the latter have an issued warrant of arrest and
accused of either organized or heinous crime.
The watch list consists of persons suspected to have committed organized or
heinous crimes based from unverified reports and is subject for further
monitoring, investigation and case build up.
TARGET LIST--Serve as master/reference list outlining pertinent data on organized
crime groups/ criminal gangs.

• OCG vs Criminal Gang

• ORGANIZED CRIME GROUP - A profit motivated by a highly capable group of
persons or an enterprise organized to undertake widespread, regular or long
 term, large scale, high profile and diversified criminal activities that has high
impact to the economy and national security
• CRIMINAL GANG - A group of two (2) or more who have a common
identifying sign of symbols and whose members individually or collectively
engage in or have engaged in a pattern of criminal activity, creating an
atmosphere of fear and intimidation within the community or specific area
using violence and intimidation.