NOTES ON FUNDAMENTALS OF CRIMINAL

INVESTIGATION
By, PLT Generoso A. Algarne Jr. II (Ret.)
Reg. Crim./MS Crim.

Investigation - Is the process of inquiring, eliciting, soliciting and getting vital

information, facts, and circumstances in order to establish the truth.

Criminal Investigator - a public safety officer who is tasked to conduct

investigation of all criminal cases as provided for or embodied (represent or
incorporate) 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.

Custodial Investigation (RA 7438) - defined as the investigation conducted by

law enforcement officer after person has been arrested or deprived of his freedom
of action, issuing an invitation is consider as Custodial Investigation.

Crime Scene - A venue or place where the alleged crime incident or the event has
been committed.

Corpus Delicti - L. “body of the crime”, Use to describe the physical or material
evidence that a crime has been committed, e.g. corpse of a murder victim.

Confession - is an express acknowledgement by the accused in a criminal

prosecution of the truth of his guilt as to the offense charge.

Admission - Refers to the statement of facts not directly constituting an

acknowledgement of guilt.

Organized Criminal Group - a structured group of three or more person existing

for a period of time and acting in conspiring with the aim of committing one or
more serious crime or offenses.
Organized Crime - A combination of two or more persons who are engaged in a
criminal or virtual criminal activity or a continuing basis for the purpose of profit
or power using gangland style (notorious gang) to attain their purpose.

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, explosive, hazardous chemicals, soil burned debris
bombs, electronic parts used in the commission of the crime.

Victimology or Victim Profiling - A detailed account of the victim’s lifestyle and

personality, assist in determining the nature of disappearance, the risk level of the
victim and the type of a person who could have committed the crime.
It is also the complete information regarding the victim’s physical
description, normal behavior patterns, the family dynamics, and known friends and
acquaintances should be obtained as soon as possible.

6 Cardinal Points of Investigation

1. What specific offense was committed
2. How the offense was committed
3. Who committed it
4. Where the offense was committed
5. When it was committed
6. Why it was committed

Tools of an Investigator in Gathering Facts (3 I’s)

Information - Are processed data gathered by an investigator and other person

including the victim himself and from: 1. Public records, 2. Private records and 3.
modus operandi file

Interview - Skillful questioning of witnesses and suspects.

Instrumentation - Scientific examination of real evidence, application of

instrument and method of physical science in detecting crime.

Phases of Investigation - Three (3) fold Aims

Phase 1 - IDENTIFY THE SUSPECT’S through:

1. Confession
2. Eyewitness testimony
 3. Circumstantial evidence
4. Associate evidence

Phase 2 - Locate and apprehend the suspects.

Phase 3 - Gather and provide evidence to establish the guilt of the accused.

Composition or Organization of an Investigation Team

1. Team leader
2. Investigator or recorder
3. Photographer
4. Evidence custodian
5. Composite illustrator or artist

Equipment of an Investigator

1. Police line
2. Video camera
3. Voice recorder camera
4. Measuring device
5. Gloves
6. Flashlight
7. Fingerprint kit
8. Evidence bag
9. Evidence tag
10.Evidence bottles or vials
11.Investigator’s tickler

Investigator tickler are as follows:

1. Investigator’s checklist
2. Anatomical diagram form
3. Evidence checklist
4. Turn over receipt

Standard Methods of Recording Investigative Data

1. Photographs
2. Sketching crime scenes
 3. Written notes
4. Developing and lifting fingerprints found at the crime scene
5. Gathering physical evidence
6. Plaster cast
7. Tape recording of sounds
8. Video tape recording of the objects
9. Written statements of the victim if alive and witnesses
Two (2) Kinds of Information

1. Regular sources. e.g. citizen, company records

2. Cultivated sources. e.g. paid informant

Difference between Interrogation and Interview

Interrogation or questioning witness or suspect who is relevant to divulge or

reveal information with the goal of extracting a confession or obtaining
information while an interview is a simple questioning of a person who cooperate
with the investigator.

How the suspect is identified?

1. Confession or admission - Is a declaration of an accused acknowledging his

guilt.
2. Eye witness testimony
3. Circumstantial evidence - Motive, opportunity and associative evidence.

Types of Interview

1. Informal (on the scene interview) - conducted by police or investigator at the

crime scene to get description of criminal if seen.
2. Formal –interview conducted by the investigator assigned to the case.

Types of Formal Interview

Normal - for willing or cooperative witnesses.

Group and Pretext Interview - For hostile witness or witness who refuse to
cooperate.
Follow up - Additional interview in addition to vital points if necessary.

Qualifications of an Interviewer
Salesman – Actor/Psychologist

Requisite of an Interview

1. Established rapport
2. Forcefulness of personality
3. Breadth of interest
Setting of Interview

Background interview - Time and place of interview are not considerations

except for busy persons.
Routine criminal cases - Interview should be carefully planned. Busy persons can
be interviewed at night, privacy is important.
Important criminal cases - Should be conducted in places other than the subject
home/office home to prevent him/her feeling confident.
Appropriate time - General rule, (ASAP) As Soon As Possible while facts are
fresh on the memories of the interviewees

Miranda vs. Arizona

Ernesto Miranda has confessed to rape and kidnapping, after two hours of
interrogation and because the interrogators failed to inform Miranda of his right to
counsel and remain silent, his conviction was overturned.

Serial Killer - Is someone who murdered 3 or more people with “cooling off”
periods in between.

Police Blotter - Is an 18” by 12” logbook with hardbound cover contains the daily
register of all crime incident reports, official summary of arrest and other
significant events reported in a police station. A separate police blotter shall be
maintained for offenses requiring confidentiality like violence against women and
children and those cases involving a child in conflict with the law to protect their
privacy pursuant to RA No. 9262 (Anti-Violence Against Women and Children
Act of 2004) and RA No. 9344 (Juvenile Justice Welfare Act of 2006).

1. Actus Reus - Proof that criminal act has occurred.

2. Sketch - A rough drawing or painting, often made to assist in making a more
finished picture.
Types of Sketches

1. Floor Plan (bird’s eye view)

2. Elevation Drawing
3. Exploded view
4. Respective drawings

Allan Pinkerton - A Scottish American detective who created the Pinkerton

National Detective Agency, the first detective agency in the US. Pinkerton foiled a
plot to assassinate President Lincoln.
Rogues Gallery - Is a police collection of picture or photographs of criminal or
suspects kept for identification purposes. A compilation of descriptions, methods
of operation having places and names of criminals and their associates.
Mugshot - Is a photographs portrait taken after one is arrested.

Criminal Investigation - It is the collection of facts in order to accomplish the three

fold aims.

3 Fold Aims of Criminal Investigation

1. To identify the guilty party (identification)

2. To locate the guilty party (apprehension)
3. To provide evidence of his guilt (prosecution)

Methods of Crime Scene Search

1. Strip Method
The searches (A,B, and 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 same movement.
In the modification of the strip method or known as the double strip or grid
method, the rectangle is traversed first parallel to the base and then parallel to the
side.

2. Spiral Method
The searchers follow each other in the path of a spiral, beginning in the
outside and spiralling in towards the center.

3. Zone Method
 The area to be searched is divided into quadrants and each searcher is
assigned to one quadrant.

4. Wheel Method
If the area to be searched is approximately circular or oval, the wheel
method may be used. The searchers gather at the center and proceed outward along
radi or spokes.

Article 6 (RPC) - Consummated, Frustrated and Attempted Felonies

Consummated - A felony is consummated when all the elements necessary for its
execution and accomplishment are present.

Example 1- Consummated felony

X and his family were living on his house at Brgy. Da-an Sur Tapaz, Capiz.
Shortly after midnight, X arrived in their house and saw the roof of their house
made of Bamboo was on fire. He hurriedly fetched some water to extinguish the
fire and the course thereof. He saw Y beside their house carrying a stick burning at
its end. X was able to put out the fire after a small part of their house was burned.

In the case of people V Hernandez, 54 Phil. 22, the Supreme Court held that
CONSUMMATED Arson was committed as consummation thereof did not depend
on the extent of the damage cause.

Frustrated
A felony is frustrated when the offender performs all the acts of execution
which would produce the felony as a consequence but which nevertheless, do not
produce by reason of causes independent of the will of the perpetrator.

Example 2-Frustrated Felony

Supposed in example 1, Y light a kerosene soaked rag and place it near the
house with the intention to burn it, but is afraid of being seen by X who has just
arrive at home, Y ran away. Before the burning rag caught up any part of the
house, X extinguished the fire in the burning rag, Y committed frustrated arson
because he had already performed the acts of execution necessary to produce the
crime of arson were it not for the timely arrival of X and his putting off the fire in
the burning rag which was reason or cause independent of the will of Y.

Attempted
 A felony is attempted when the offender commences the commission of
felony directed by overt acts, and does not perform all the acts of execution which
should produce the felony by reason of some causes or accident other than his own
spontaneous desistance.

Example 3- Attempted felony

Still the previous examples, if Y prepared a kerosene-soaked rag with the
intent of burning the house of X and placed the rag’s inflammable portion of the
latter house, but when Y was about to strike the match in order to light it, X arrived
and shouted Y thus, prompting the former to ran away, the crime of Attempted
Arson was committed by Y.

ART. 17 (RPC) - Principals

The following are considered Principals:

1. Those who take a direct part in the execution of the act.
2. Those who directly force or induce others to commit it.
3. Those who cooperate in the commission by another act without which it
would not have been accomplished.

Principals by direct participation are those who take part in the commission
of a crime. They are considered as such if the following requisite are present:
A. they participated in the criminal resolution.
B. they carried out their plan and personally took part in its execution by acts
which directly tended to the same end.

Example:
W,X,Y, and Z conspired to kill V. In going to the house of V, W drove the
car where he X,Y, and Z boarded and upon reaching at the house of V, W and X
remained and posted themselves in the yard as look-outs while Y went out to the
house with Z who was the one who actually shot V. W,X,Y, and Z are all
considered as principals by direct participation although it was only Z who actually
killed V because there was conspiracy and the act of one is the act of all.

Principals by induction or inducement are classified into two:

A. those who directly induce others to commit a crime by giving price, reward
or promise which are primary consideration why another commits a crime.
B. those who directly force another to commit the crime.

Example:
 X gave Y 100,000.00 to kill V. One dark evening, Y waited for V to pass by
in a dark alley and upon seeing a person approaching him and thinking it was
already V, Y shot him and V instantly died. X was criminally liable as inducer by
giving price, reward or promise to Y as principal by direct participation, who take
direct part in the commission of the crime.

Principal by indispensable cooperation, he must be a conspiracy with

principal by direct participation, or he must have a unity of a common criminal
purpose or intention with a principal by direct participation, before the commission
of the crime, but the cooperation is in the performance of another act which the
commission of the crime could not have accomplished.

Example:
O is the owner of the house which adjoins a building utilized as a bank. R,
the leader of the gang of robbers and a close friend of O, asked the latter (R) to
allow and his group to pass through the former (O’s) house. If the robbery of the
bank consummated after O allowed the robbers to pass through his house, O is
principal by indispensable cooperation in the crime of robbery while the robbers
are principal by direct participation.

The difference between ENTRAPMENT and INSTIGATION lies in the origin of

the criminal intent.
Entrapment means originated in the mind of the criminal. The idea resolve to
commit the crime comes from him. In Instigation, the peace officer conceives the
commission of the crime and suggests it to the accused, which adopts the idea and
carries it into execution (Araneta V Court of Appeals, 142 SCRA 534).

Example of Instigation
Policeman X induce Y, a rich Chinese businessman to import shabu from
China and brought it to the Philippines by sea. However, upon the arrival of the
illegal drug in pier 4 in Manila, a policeman X assisted by other PNP members ,
arrested Y. if prosecuted under RA 9165, Y did not commit any offense because of
instigation and X a policeman who instigated Y is liable for principal by
inducement.

Example of Entrapment
X,Y, and Z, all members of Roxas City PNP conducted a buy-bust operation
in the residence of W, a notorious and elusive drug pusher. X acted as poseur buyer
and was able to buy several sachets of shabu from W. X paid W Php 1,000.00
consisting of two 500.00 as marked money bills after which X,Y and Z placed W
under arrest. Posing to buy shabu from W, X resorted to ways and means in order
to trap or catch the culprit while pushing the illegal drug. This is entrapment. (See
people Vistuma)

ART 18 (RPC) - Accomplices

Accomplices are persons who, not being included in ART 17, cooperate on
the execution of the offense by previous or simultaneous acts.
For an offender to be considered as an accomplice, the following requisites
must concur.
a. The offender knows and concurs with the criminal design of the principal
by direct participation
b. The offender cooperates in the execution of the offense by previous or
simultaneous act, and,
c. There must be a relation between the acts done by the principal by direct
participation and the acts of the person charged as an accomplice (People V Roche,
330 SCRA 91)

Example
T, a tough guy who is being feared by the residents of a certain barangay,
challenged X to a fist fight. X did not react and just keep silent. When T has his
back turned against X, the latter’s brother B, arrived carrying a knife knowing that
his brother felt aggrieved of the challenge of T, B gave his knife to X who in turn
repeatedly stabbed T, who instantaneously died. The act of B giving his knife to
his brother X is a previous act thereby concurring and cooperating with the
intention of X to stab T. B is reliable for accomplices.

ART 19 (RPC) - Accessories

Are those who are having knowledge of the commission of the crime, and
without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners,
a. Profiting themselves or assisting an offender to profit by effects of the
crime.
b. concealing the body of the crime, or the effects or instrument thereof, or
order to prevent its discovery,
c. harboring, concealing or assisting in the escape of the principal of the
crime, provided they acted with abuse of their functions, or the offender is guilty of
treason, parricide, murder, or an attempt to take the life of the chief executive, or is
known habitually guilty of some crime.
Accessory
To criminally liable an offender as an accessory, it must be proved that,
a. he has the knowledge of the commission of the crime and,
b. he had subsequently participated in the commission of the crime by any of
three modes enumerated in ART 19.

Example

P, a policeman served or effect the warrant of arrest, approached A subject

of the warrant and without much ado, in order to prevent the latter to escape, shot
the accused who died instantly. While the accused was already lying prostrate on
the ground, C, a companion of P placed a gun on the right hand of A to make it
appear that he resisted and armed at the time of his arrest. C is an accessory to the
crime of murder because he concealed the fact that A was armed and has resisted
the arrest at the time he was shot by P.

ART 293 (RPC) - Those who are guilty of ROBBERY

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 using force upon anything shall be guilty of robbery.

1. The elements of robbery are:

a. Unlawful taking (asportation)
b. Of a personal property belonging to another person or does not belonging
to the robber.
c. With intent to gain (animo lucrandi)
d. By means of violence or intimation against a person of force upon thing.

2. The phrase “intent to gain” under this article may include satisfaction,
enjoyment and pleasure derived from the use of the property unlawfully taken.

Example
R entered a bodega full of sacks of refined sugar through its unlock window
and once inside, carried outside the bodega one sack of sugar. The crime
committed was consummated robbery with force upon things.
However, while still inside and while carrying the sack of sugar, R is
surprised by the security of the bodega and was arrested, the crime committed by
him was frustrated robbery. If he was surprised while removing a sack of sugar
from the pile thereof, he committed robbery in its attempted stage only.
ART 308 (RPC) - who are liable for THEFT
Theft is committed by any person who, with intent to gain but without
violence against, or intimidation of persons nor force upon things, shall take
personal property of another without the latter’s consent.

Theft is likewise committed by:

1. Any person who have found lost property, shall fail to deliver the same to
the local authorities or to its owner.
2. Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or objects of the damage
caused by him.
3. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its
owner, shall hunt or fish upon the same or shall gather fruits, cereals, or
other forest farm products.

1. (Santos V people, 181 SCRA 487,) the Supreme Court laid down the following
elements of theft:
a. there is taking of personal property
b .this property belongs to another
c. the taking of this property is with intent to gain
d. The taking is done without the consent of the owner
e. The taking is accomplished without the use of violence or intimidation
against persons or force upon things.

2. Theft and estafa may be distinguished as follows:

In theft, the thing is taken, while in estafa, the offender receives the property
and convert it to his own use of benefit.
There is theft even if the offender is in possession of the property and
misappropriates it, while estafa, the offender has juridical possession of the
property and misappropriate or converts it to his own use or benefit.

3. The principal distinction between THEFT and ROBBERY is that, in theft, the
taking of personal property belonging to another is without violence or
intimidation against, or force upon things. In robbery, the taking of personal
property belonging to another is accomplished by means of violence or
intimidation against, or force upon things. In either case however, there is intent of
gain and without the consent of the owner of the subject personal property.
Example
While walking inside the park of a mall, T spotted through the glass of the
door of a car a handbag which he thought contained money. T attempted to open
the door of the car, and upon knowing that is was locked, T got a stone and broke
the glass and took out the handbag containing the money by entering the car
through the opening in the broken glass of the door.

T committed the crime of theft and not a robbery because he entered a car not a
building. While there was force upon things when T broke the glass of the door of
the car, nevertheless, what was broken was not a window or door of a building
which is required in robbery.

ART 310 (RPC) - Qualified Theft

If committed by a domestic servant, or with grave abuse of confidence, or if
the property is stolen motor vehicle, mail matter or large cattle or consists of
coconut taken from the premises of the plantation or fish taken from a fishpond or
fishery, or if property is taken on the occasion of fire, earthquake, typhoon,
volcanic eruption or any other calamity, vehicular accident or civil disturbances.
(Amended by RA no. 120 and BP BLG. 71 May 1, 1980).

Qualified theft is committed by the following:

a) Domestic servant
b) By any person with grave abuse of confidence
c) If the property stolen is a motor vehicle
d) If the property stolen is a mail matter
e) If the property stolen is a large cattle
f) It the property stolen is a fish taken from a fishpond or fishery
g) If the property taken on the occasion of fire, earthquake, typhoon, volcanic
eruption or any other calamity, vehicular accident or civil disturbance.
Example
X hired the services of Y, a licensed security guard of Melanio Agency to
guide his pawnshop inside the Mall of Asia. At round 12:00 midnight, few days
after he was hired, Y stole some of the pawned watches kept inside the aparador of
the shop.
Y committed the crime of qualified theft by grave abuse of confidence
because of high degree of confidence reposed by X on him.

ART 327 (RPC) - liable for Malicious Mischief

 Any person who shall deliberately cause to the property of another, any
damage not falling within the terms of the next preceding chapter, shall be guilty of
MALICIOUS MISCHIEF.

1. The elements of the crime are:

a. Any person deliberately caused damage to the property of another person
b. The act causing damage to another did not result to the commission of the
crime of arson or crimes involving destruction, and
c. The damage cause was done maliciously, i.e., done out of hate, revenge,
such that, in the absence thereof, the offender is not liable for malicious mischief
but only civilly.

Malicious mischief

2. Malicious mischief is defined as crime against property and committed by any

person who shall deliberately cause damage to another’s property which does not
constitute arson or other crimes involving destruction.

Example

On several occasion, X would pick up a sharp nail and upon passing new
cars parked on the road, he scratched the side of the cars causing ugly scratches
thereon. One day, just after X scratched with a nail the side of the Lexus car of Y,
the latter saw him and right there and then, he was arrested by a policemen who
was called by Y, while scratching the car, he did not know thereof.

X is liable for Malicious Mischief because this crime includes attempts

against the property of another if inspired sometimes by the mere pleasure of
destroying enjoyed by the offender.