FUNDAMENTALS OF INVESTIGATION

AND INTELLIGENCE
 INTRODUCTION TO
FUNDAMENTALS OF
INVESTIGATION
 CRIME
It is an act/
commission or
omission in violation of
a public law, forbidding
or commanding it.
 ACT – Perform, Physical acts, external
acts or overt act. (in legal maxim ACTUS
REUS – which mean guilty acts or criminal
action) prohibited.
OMISSION – Failure to perform.
DO NOT KILL - HOMICIDE
DO NOT HURT - PHYSICAL INJURY
DO NOT DEFAME - LIBEL / ORAL
DEFAMATION
DO NOT FRAUD - ESTAFA
DO NOT COMMIT INFIDELITY TO YOUR
SPOUSE - CONCUBINAGE / ADULTERY
BUSINESS - INCOME - PAY TAX

MOTOR - RIDE - RA 10054 - HELMET LAW

4 WHEELS OR ABOVE - RA 8750 - SEAT

BELT
 “NULLUM CRIMEN
NULLA POENA SINE
LEGE”
NOTA BENE!!
That the act or omission must be
punishable by the law. It is important that
there is a law requiring the performance
of an act; if there is no positive duty, there
is no liability.
 FELONY – acts or omission in violation of
the REVISED PENAL CODE (RPC).
OFFENSE – acts or omission in violation
of SPECIAL PENAL LAWS (SPL).
MISDEMEANOR / MINOR INFRACTION –
acts or omission in violation of the
CITY/MUNICIPAL ORDINANCE.
 ANATOMY OF CRIME
For any crime to happen, there are three elements or
ingredients that must be present at the same time and
place. These are the Motive, the Instrumentality and the
Opportunity. (MIO)
1. Motive refers to the reason or cause why a person or
group of persons will perpetrate a crime. Examples
are dispute, economic gain, jealousy, revenge, insanity,
thrill, intoxication, drug addiction and many others.
2. Instrumentality is the means or implement used in the
commission of the crime. It could be a firearm, a bolo,
a fan knife, an ice pick, poison or obnoxious
substance, a crow bar motor vehicle, etc. Both the
Motive and Instrumentality belong to and are harbored
and wielded respectively by the criminal.
3. Opportunity consists of the acts of omission and/or
commission by a person (the victim) which enables
another person or group of persons (the criminal/s) to
perpetrate the crime.
 CRIMINAL
1. SOCIOLOGICAL SENSE
2. PSYCHOLOGICAL
SENSE
3. LEGAL SENSE
4. CRIMINOLOGICAL
SENSE
SOCIOLOGICAL SENSE
A person who violated a social norm
or one who did an anti-social act.
NORM - also called Social Norm, rule or
standard of behavior shared by members
of a social group.
Culture
Religious Belief
Traditions
PSYCHOLOGICAL SENSE
A person who violated rules of
conduct/Law due to behavioral
maladjustment.
Article 12 Exempting circumstances of the
Revised Penal Code - exempts an insane and
imbecile person from criminal liability, except if
the person "acted during a lucid interval.“

A lucid interval – is the period of time between

regaining consciousness after a short / long
period of unconsciousness.
LEGAL SENSE
A person who committed or omitted
an act which is in violation of law and
thereby convicted and punished for such
violation of law.
A person who committed a crime
and decided as guilty by the court.
LEGAL SENSE
A person who committed a crime,
arrested, prosecuted, and finally convicted
and sent to prison or jail.
 THE DIFFERENT NOMENCLATURES GIVEN TO
THE PERSON WHO IS BEING PROCESSED UNDER
THE CRIMINAL JUSTICE SYSTEM:
1. LAW ENFORCEMENT - SUSPECT
2. PROSECUTION - RESPONDENT
3. COURT - ACCUSED / DEFENDANT
4. CORRECTIONS - PRISONER / CONVICT /
INMATE / PERSON DEPRIVED OF LIBERTY
5. COMMUNITY – CITIZEN (GOPI)
CRIMINOLOGICAL SENSE
A person can be considered
criminal the moment he committed a
crime.
This refers to the process of
carrying out a detailed
examination or inquiry
usually in official manner, to
discover something or
somebody.
 ORIGIN OF THE WORD “INVESTIGATION”
Came from Latin word “investigat” which
means to inquire or to discover.
Came form Greek word “Investigare or
Vestigare” which means to trace / locate.
Vestigium - footprints
 TYPES OF INVESTIGATION
1. FORMAL INVESTIGATION
Refers to official inquiry conducted by a
government agency in an effort to uncover facts
and determine the truth.
An inquiry concerning a criminal activity.
2. INQUEST
An informal and summary investigation
conducted by the public prosecutor in a criminal
case involving persons arrested and detained
without the benefit of a warrant of arrest
issued by the court for the purpose of
determining whether said persons should
remain under custody and correspondingly be
charged in court.
3. INQUISITION
A more historical description than a current
usage to describe any penetrating investigation
concerning a religious issue.
4. PROBE
Similar to formal investigation, is an
extensive, searching inquiry conducted by a
government agency. “PROBER”
5. RESEARCH
It is the most employed type of
investigation refers to the careful, patient
investigations done by scientist or scholars in their
efforts to identify original sources of data or
causes of problem.
6. INVESTIGATIVE REPORTING
Relatively speaking, is a recent type of
investigation pursued by the members of press on
their own initiative. It is designed to satisfy two
purposes.
To attract readers/viewers
To get to the root of the problem
The collection of facts to
accomplish a three-fold
aim:
to identify the guilty
party;
to locate the guilty party;
and
to provide evidence of
his guilt.
CRIMINAL INVESTIGATION AS A SCIENCE
It involves the application of knowledge of
forensic science in the process of identifying,
locating, collecting, processing, and/or evaluating
pieces of physical evidence.
CRIMINAL INVESTIGATION AS AN ART
It is governed by rigid rules or fixed legal
procedure but most often based on intuition (logic
and tested knowledge, immediate
learning/consciousness) and sometimes by
chance.
 GOALS OF CRIMINAL INVESTIGATION
Criminal investigation has the following generally
accepted objectives:
1. To determine whether or not a crime has been
committed;
2. To identify & arrest the suspect ;
3. To obtain legally information or evidence;
4. To provide the prosecution with evidence
necessary to support conviction; and
5. To recover stolen property;
 CARDINAL RULES OF INVESTIGATION
WHAT – the specific offense that had been
committed.
WHO – person/s involved in the crime
(suspects/victims
WHERE – place where the commission of the
crime
WHEN – date and time of commission of the crime
WHY – motive or reason of the crime
HOW – Mode or manner of the crime