FUNDAMENTALS OF CRIMINAL INVESTIGATION

INTRODUCTION

One of the more significant tasks of the police is

detecting and investigating crimes. Usually, a specific unit
in the law enforcement agency composed of criminal
investigators, otherwise known as detectives, is assigned for
this area of police work. Most of us have an idea what a
criminal investigator is because of TV programs like
Imbestigador and SOCO. In the United States, TV Series like
NYPD Blue, CSI and Homicide portray sensational life of
criminal investigators.

The word investigation usually reminds most us about a

daring and persistent detective who devotes his time and
energy to solve criminal cases. In fact, majority of our
opinion about investigations and investigators come from
movies. TV shows, detective/Spy novels, entertainment
magazines and news papers. Because of this, many people have
limited understanding and somewhat distorted perception about
the people who actually investigate crimes. (Burstein, 1999)

For most wannable police officers, crime detection and

investigation is the most interesting assignment in the law
enforcement profession. The glamorous, exciting, action
packed life of fictional detective presents an exaggerated,
unrealistic picture that differs greatly from the reality of
criminal investigation. (Bennett and Hess, 2004, p. 310)

How realistic fictional detectives are? Before we

directly answer this question, let us begin our discussion
with the definition and types of investigation.

DEFINITION OF INVESTIGATION

Based on etymology, the term investigation came from the

Latin word investigare (vestigare in some books) which means
to “track or look into for traces”. Fundamentally, it may
have been derived from vestigium, another Latin word which
means footprints. (MS Encarta, 2004)

In its simplest connotation, investigate means to take

a look and see what happened. In a more detailed definition,

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investigate means to carry out detailed examination or
inquiry, usually in official manner, to discover something or
somebody. (ibid)

In Roget’s International Thesaurus (2002), investigate

is synonymous to discuss and explore while investigation is
synonymous to discussion and research.

In Webster’s New World Dictionary (2000), investigate

means to search into, examine in detail; or inquire into
systematically“. On the other hand, investigation means a
careful search or examination of something or a systematic
inquiry.

TYPES OF INVESTIGATION

According to John Dempsey (2003, p. 32-35), there are

different types of investigation as carried out by law
enforcement agencies; criminal or non-criminal
investigations, reactive or pro-active investigations, and
overt or covert investigations.

1. CRIMINAL INVESTIGATION vs. NON-CRIMINAL INVESTIGATION

2. REACTIVE INVESTIGATION vs. PRO-ACTIVE INVESTIGATION

3. OVERT INVESTIGATION vs. COVERT INVESTIGATION

WHO CONDUCTS INVESTIGATIONS?

Burstein identified three general groups of investigators:

fictitious, government and private detectives.

FICTITIOUS INVESTIGATORS

GOVERNMENT INVESTIGATORS

PRIVATE DETECTIVES

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 HISTORICAL BACKGROUND

CODE OF HAMMURABI (2100 BC)

- created by King Hammurabi

- Prescribes savage punishment
- It implements the lex talionis principle known to be the
principle of “An eye for an eye and a tooth for a tooth.

CODES DURING THE PRE-SPANISH ERA

1. CODE OF KALANTIAW
By Datu Kalantiaw
written in 1433 AD of Panay.
2. CODE OF MARAGTAS
By Datu Sumakwel
written in 1250 AD of Panay.

 FASCES – is a Latin word which means “bundles”,

ancient Roman symbol of the higher magistrates'
authority, consisting of a bundle of wooden rods that
enclosed an ax.
 The fasces were carried ahead of the magistrates by
officials known as lictors (1st Century AD)
 The rods, usually birch but sometimes elm, were bound
together by a scarlet thong, and the head of the ax
protruded from the bundle. The rods were symbolic of
the power of punishment; the ax was symbolic of the
power of life and death.

Gendarme System

 Created by Charles the Great/ Charlemagne (742-814)

GENDARMES - are agents of the crown, and can travel
anywhere to bring anyone to justice

TIME OF EMPEROR AUGUSTUS

At about the time of Christ, Rome: The Roman Emperor
Augustus picked out special, highly qualified members of
the military to form the following:
1. PRAETORIAN GUARD
2. PRAEFECTUS URBI
3. VIGILES OF ROME

It is from them that the word “VIGILANT” came from.

POST NORMAN PERIOD (1200-1500 AD)

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TIME OF KING WINCHESTER
1285 A.D., England: THE STATUTES OF WINCHESTER were
enacted establishing a rudimentary criminal justice system
in which most of the responsibility for law enforcement
remained with the people themselves.

These statutes or laws were promulgated by King Winchester.

1. The Watch and Ward Act (Bell Boys)
2. Hue and Cry System
3. Parish Constable
4. Keeping weapon at home by Male Residents

MODERN PERIOD (1500 A.D to Present)

PIONEERS IN CRIME DETECTION AND INVESTIGATION

JONATHAN WILD (England, 1720)

- He was a buckle maker and a brothel operator; a master

criminal who became the London’s most effective criminal
investigator. He was the London’s Organized crime Lord.

- He was the most famous thief-catcher in 1720s. His method

popularized the idea of employing a thief to catch a thief.
He conceived the idea of charging a fee for locating and
returning stolen property to its rightful owners.

HENRY FIELDING (England, 1750)

 An English man who wrote a novel entitled “Tom Jones.”

 Appointed as magistrate (sheriff) for the areas of
Westminster and Middle Age, London.
 Creator of the Bow Street Runners, which are
originally called as Fielding’s People.
 He formed a group of police officers attached to the
Bow Street Court who are not in UNIFORM performing
criminal investigative functions.

JOHN FIELDING (England, 1753)

The younger brother of Henry Fielding who took over the

control of Bow Street Court in 1753.

Despite of being blind, he guided the runners who became

effective. He also introduced the practice of:
o Developing informants,

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 o printing wanted notices,
o employing criminal raids,
o and bearing firearms and handcuffs.

PATRICK COLQUHOUN (1745-1820)

- A former London President who proposed the creation of a

preventive police force called Thames River Police.

- His proposal was considered too radical and was dismissed

by the Royal Court of London.

EUGENE “FRANCOIS” VIDOCQ (1775-1857)

He established a squad of ex-convicts to aid the Paris

Police in investigating crimes.
He worked under the theory of “Set a thief to catch a
thief.”
Founder of La Surete Nationale.
He introduced the Trade Protection Theory – the
forerunner of today’s Credit Card System.

SIR ROBERT PEEL (London-1788-1850)

 The founder of London Metropolitan Police.
 Father of Modern Policing
 He introduced the following techniques:
- Detectives concealing themselves,
- secretly photographing
- recording conversations.

DR. HANS GROSS (1847-1915)

o The earliest advocate of criminal investigation as a

science.
o He coined the term “Criminalistics”
o He wrote a book entitled “System der Kriminalistiks”
o A native of Austria, born in Graz. Finished Bachelor
of laws, professor of Criminology at the University of
Vienna.

TEXAS RANGERS

 First State Police of United States

 Forerunner of the FBI

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  The Texas Rangers were unofficially created by Stephen
F. Austin in a call-to-arms written in 1823 and were
first headed by Captain Morris.

CHARLES DICKENS (USA, 1852)

 Wrote the novel entitled “Bleak House”

 Introduced the term detective to the English language

(Adams & Taylor, 1995).

ALLAN PINKERTON (USA, 1852)

o was the America’s foremost private detective. This

individual truly deserves the title of “America’s
Founder of Criminal Investigation.”

o Among methods pioneered were “shadowing,” the art of

suspects surveillance, “roping,” working in undercover
capacity, they have the motto, “We never sleep.”

o Founder of Pinkerton Detective Agency in USA.

KATE WAYNE

• America's first female detective and spy.

• She was part of the Pinkerton team that uncovered a
plot to assassinate President Abraham Lincoln on his
way through Baltimore to Washington DC

Thomas Byrnes (1842-1910)

• He built up a book of criminals, which he called

Rogues Gallery (1886)
• He introduced “modus operandi file”

Arthur Conan Doyle (1895-1930)

 A novelist who popularized scientific criminal

investigation by creating a fictional detective
“Sherlock Holmes and his friend Watson”

JOHN EDGAR HOOVER (1909-1924)

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 He became the head of the Federal Bureau of
Investigation, which was established by the attorney
general from 1909 to 1924.

DR. PAUL KIRK (USA, 1954)

 The best known Criminalist who headed the Department
of Criminalistics at the University of California,
USA.

Alphonse Bertillon (1853-1914)

• “Father or “Personal Identification”

• He introduced the first scientific identification
system used by the police(Anthropometry).

What is the so-called “WEST CASE”

 Will West – committed a crime.

 William West - arrested by the Police.

Bertillon System was used in identifying the suspect. Will

and William are identical twins of almost the same height,
weight, complexion, body built, etc.

OSAMA BIN LADEN

 Founder of a terrorist group called Al-qaeda in 1988.

 He led violent attacks against the United States and
other countries he saw as enemies of the Islamic
religion.
 He was killed in Pakistan on May 2, 2011 by U.S.
Central Intelligence Agency (CIA) operation by a team
of United States Navy SEALs from the United States
Naval Special Warfare Development Group.
 The operation, code-named Operation Neptune Spear, was
ordered by United States President Barack Obama.
 Osama bin Laden's full name, Osama bin Mohammed bin
Awad bin Laden, means "Osama, son of Mohammed, son of
Awad, son of Laden". "Mohammed" refers to bin Laden's
father Mohammed bin Laden; "Awad" refers to his
grandfather, Awad bin Aboud bin Laden, a Kindite

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 Hadhrami tribesman; "Laden" refers to bin Laden's
great-grandfather.

AL QAEDA

- A terrorist network strongly opposed to the United States

that distributes money and tactical support and training to
wide variety of radical Islamic terrorist groups (Siegel &
Senna, 2007).

NATURE OF CRIMINAL INVESTIGATION

 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 (PNP
Criminal Investigation Manual, 2011).

 CRIMINAL INVESTIGATION is described as:

1. a legal inquiry by virtue of a complaint
2. procedural following up, examining, tracing, tracking
and searching suspect.
3. the meticulous observation, careful evaluation of all
available evidences to the end that violators of law
be brought to the bar of justice, and the innocent be
relieved there from (Sadili & Pena, 1998).

From these definitions, we can say that criminal

investigation involves the process of enforcing the
criminal law while applying principles of arts and sciences
to know the truth concerning the commission of a crime. In
relation to this, Hans Gross said that the basis and goal
of any form of investigation is to search or discover the
truth and the truth is the fundamental requirement in
giving justice.

CRIMINAL INVESTIGATION AS AN ART AND A SCIENCE

 It is an art because it is governed by rigid rules or

fixed legal procedures but most often based on
intuition and sometimes by chance.
 It is a science because it involves the application of
knowledge of forensic sciences in the process of
identifying, locating, collecting, processing, and/or
evaluating physical evidences.
 At present, Many famous authors claim that criminal
investigation is both an art and science. It exists

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 today as the result of countless development since
policing was conceived and then institutionalized.

GOALS OF CRIMINAL INVESTIGATION

1. To determine whether a crime has been committed.
2. To legally obtain information or pieces of evidence.
3. To identify persons involved (suspects/victims/
witnesses).
4. To arrest suspects.
5. To recover stolen properties.
6. To present the best possible case to the prosecutor.

Duties of the First Responder

a. Proceed to the crime scene to validate the information

received;

b. Record the exact time of arrival and all pertinent data

regarding the incident in his issued pocket notebook and
notify the IOC;

c. Cordon off the area and secure the crime scene with a
police line or whatever available material like ropes,
straws or human as barricade to preserve its integrity;

d. Check whether the situation still poses imminent danger

and call for back up if necessary;

e. Identify possible witnesses and conduct preliminary

interview and ensure their availability for the incoming
investigator-on-case;

f. Arrest the suspect/s if around or in instances wherein

the suspect/s is fleeing, make appropriate notification for
dragnet operations;

g. Prepare to take the “Dying Declaration” of severely

injured persons with the following requisites:

o That death is imminent and the declarant is conscious

of that fact;

o That the declaration refers to the cause and

surrounding circumstances of such death;

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 o That the declaration relates to facts which the victim
is competent to testify to; and

o That the declaration is offered in a case wherein the

declarant‟s death is the subject of the inquiry.
(Section 37, Rule 130 of the Rules of Court).

h. Evacuate the wounded to the nearest hospital using

emergency services;

i. Account for the killed, wounded and arrested persons for

proper disposition;

j. Conduct initial investigation; and

k. Brief the investigator-on-case upon arrival and turn

over the crime scene.

l. Conduct inventory on the evidence taken at the crime

scene; Inventory receipt should be properly signed by the
first responder, SOCO and the investigator (Protocol No. 4,
PNP Criminal Investigation Manual, 2011).

THE GOLDEN RULE IN CRIMINAL INVESTIGATION

 “Do not touch, alter, move, or transfer any object at

the crime scene unless it is properly marked,
measured, sketched and/or photographed.”

TAKE NOTE: The purpose of this rule is to avoid the

mutilation, alteration and contamination (MAC) of the
physical evidences found at the crime scene.

WHO ARE CRIMINAL INVESTIGATORS

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 (PNP Criminal Investigation Manual,
2011).

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 Criminal investigators are fact-finders since they focus
their efforts on facts that are related to criminal
activities. They could be detectives from the government or
form the private sector. Some are even fictitious like
Sherlock Holmes. To know more about criminal investigators,
consider their role and desired characteristics.

THE ROLE OF CRIMINAL INVESTIGATORS

The PNP-criminal investigator manual described criminal

investigators as those who collect facts concerning crime to
accomplish this 3-fold aim”
1. To identify the guilty party
2. To apprehend the guilty party
3. To provide evidence of criminal guilt of the person/s
involved

We can say that criminal investigators are those authorized

by law to conduct close analysis on criminal cases. They are
tasked to find answers to all questions concerning a crime.
To do this, they must maximize using the tools in
investigation. These tools are information, interview,
interrogation and instrumentation.

Criminal investigators play a vital role in solving criminal

cases and giving justice to whom it is due. They are employed
by public and/or private prosecutors, or directly used by the
court, to search evidences that can be used to answer legal
and non-legal questions that may arise during court trial.

While performing investigative activities, criminal

investigators must establish the answers of the six cardinal
questions; these questions, otherwise known as cardinal
points in investigation report writing are as follows:
- WHAT (specific crime was committed)
- WHO (did the crime)
- WHEN (did it happen)
- WHERE (was the crime committed)
- WHY (was it committed)
- HOW (was the crime committed)

Criminal investigators have the following duties:

1. Establish that a crime was in fact committed under the
law.
2. Identify and apprehend suspected offenders.
3. Recover stolen properties.

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 4. Assist the state in prosecuting the party charged with
a crime.

Thus, the job of criminal investigator is to discover whether

or not a law was violated; to establish if a crime was in
fact committed. Consequently, after determining what specific
crime was committed, he must discover how, when, where, and
why was the crime committed.

QUALITIES OF A COMPETENT INVESTIGATOR

To be a competent criminal investigator, according to the

National Institute of Justice (based in Florida, United
States), you must possess the following most desired
characteristics:
1. Positively motivated (inspired)
2. Intuitive
3. Psychologically and emotionally stable
4. Judicious or discreet
5. Street-smart
6. Team-player (has a good sense of teamwork)
7. Persistent
8. Intelligent
9. Dedicated to his profession
10. A person with integrity (objective in performing
his tasks)
11. Reliable

Motivation was identified by the NIJ as the first primary

trait of a competent investigator. The reason is obvious. To
successfully perform a task, you must have interest in doing
it.

Motivation is a managerial function. In requires the need to

inspire others to do a good job. In investigating a crime,
you have to work with others because you need the services of
others. Thus, you must be able to influence other people to
help you solve a case.

In another point-of-view, motivation is the driving factor.

Take note that a bad investigator is often motivated by a
“gold shield”, high pay and nit having to wear a uniform. On
the other hand, good investigators are motivated by more than
the efforts of their superiors or the prestige normally
associated with the job. (Burstein, 1999)

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The primary motivation of criminal investigators comes from
knowing that his skills will enable to be assigned to more
challenging, complex, seemingly insoluble and interminable
cases. For competent investigators, the more difficult
investigation is the greater the motivation to solve it.
Furthermore, consciously or subconsciously, they are also
motivated by knowing that once their ability has been
recognized, they willingly accept high profile investigation
assignments.

According to Sir Robert Peel,” it is better to let ten guilty

persons escape than let one innocent person be falsely
accused.” A criminal investigator who is not objective or
lacks integrity can be responsible for a guilty person’s
acquittal. He is also responsible for innocent person’s
imprisonment, fine or possibly even death, or the ruination
of an organization’s reputation.

In connection with this, atty. Richard Brown (a former

District Attorney in Queens country, New York, United States)
that it is important to emphasize to police investigators
that that they are going to lose cases if there is a
perception that they are bending the truth. (Burstein, 1999)

Without undermining the desirability and necessity of these

11 traits, an investigator also must have retentive memory,
patience and keen observation. In other words, a criminal
investigator must be imaginative, creative, patient and
persistent.

Due to the complexity of criminal investigation today, an

investigator must be able to think logically, understands and
sorts out volumes of data and facts. He must be capable also
of communicating and maintaining a positive relationship with
fellow investigators and other people involved in police
work. He must have self discipline, knowledge of the law and
scientific techniques, and inductive (as well as deductive)
reasoning. (Bennett and Hess, 2004)

From these suggested characteristics if an investigator, you

already understand that a detective is not a mediocre person.
According to Bennett and Hess, a person must possess specific
intellectual, psychological and physical characteristics to
qualify him as a competent criminal investigation.

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INTELLECTUAL CHARACTERISTICS OF AN INVESTIGATOR

1. A criminal investigator must be capable of absorbing and

retains information whether it concerns basic, technical
or legal subject.
2. He must be able to apply technical and legal theories in
his daily work.
3. He must be capable of practicing objectivity, logic and
common sense in decision making. This is more desirable
than exceptional intelligence.
4. He must be versatile enough to adopt with any situation.
During training and while already in the field, he must
develop knowledge and skill in investigative techniques.
5. He must never stop learning or tell himself that he has
learned enough knowledge in his profession. He must
continue enhancing his knowledge through academic
activities, field training, personal experience, and
street-learning (on-the-job learning).

PSYCHOLOGICAL CHARACTERISTICS

A criminal investigator must be:

1. Emotionally well-balanced
2. Detached
3. Inquisitive
4. Reasonably suspicious (but not paranoid)
5. Discerning or perceptive (capable of using intuition)
6. Self-disciplined
7. Persevering

Take note that perseverance together with inquisitiveness and

intuition, are very useful in investigating “clueless
criminal case”. Some investigators are not convinced on the
importance of intuition. However, most experienced
investigators certify their value in discovering the key to
solve crimes.

Microsoft Encarta®Reference Library (2004) defined intuition

as “the state of being aware of or knowing something without
having to discover or perceive it, or the ability to do this.”
in other words, it is the immediate knowledge of something
without conscious reasoning or use of logic.

Based on knowledge and experience, intuition is commonly

referred to as street sense. It is the urge to proceed in

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deciding or acting with no clear valid reason. It refers to
the “gut feeling” that is developed through experience.

PHYSICAL CHARACTERISTICS

A criminal investigator must be physically fit and have good

vision and hearing. Because of long and demanding hours spent
in performing investigative duties, an investigator of good
health and high energy level has an advantage over those who
are not.

He must also have a working knowledge in martial arts and

firearms proficiency and capable of applying them in combat
situations. He must be fit enough to apply defense tactics in
confronting, disabling and arresting suspects.

KINDS OF CRIMINAL INVESTIGATION

1. Suspect is under arrest and detention;

2. Suspect is “at large”

Distinction between “at large” and “fugitive”

 “AT LARGE” means the suspect is not yet arrested or
detained, not a wanted person in the eyes of the law,
and therefore cannot be lawfully arrested without a
warrant.
 “FUGITIVE” is an escapee from detention or a escaped
prisoner while serving sentence by virtue of a final
judgment rendered by a court of competent jurisdiction
who can be legally arrested without the necessity of
a warrant of arrest. (par. C, Sec 5, Rule 113, Rules
of Court)

PHASES OF CRIMINAL INVESTIGATION

1. The identification of suspect

2. The suspect is traced, located and arrested.
3. Gathering of evidence. (It includes physical evidence in
the scene, documentary evidence and interviews reduced to
affidavits).
4. Presentation of evidence in court. (Evidence that can be
presented in court could be the physical evidence and
result of laboratory examination)

What are the four (4) ways of identifying criminals?

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 The identity of the criminal may be made in the following
ways:
a. by confession
b. by eyewitness testimony
c. by circumstantial evidence
d. by associative evidence

Name the two (2) kinds of criminal identified by witnesses.

a. Known fugitives
If the criminal is known, then police records and
pictures are available. His relatives and friends can offer
a description. Further description may be obtained from local
police files, background investigation and from verbal
description of others.

b. Unknown criminals

Identifications of unknown criminals by eyewitnesses

must be approached with caution by investigator. The
description and characteristics may be vague that
identification is difficult.

The value of Identification by Eyewitnesses Depends on:

1. The ability of the eyewitness to observe and remember the

relative “distinctiveness”
of the accuser’s appearance.
2. The prevailing conditions of visibility and observations.
3. The lapse of time between the criminal event and the
identification.

Name the Methods of Identification by Witnesses.

a. Verbal Description (Portrait Parle)

The value of the description must depend on the capacity
of the witness to describe the criminal

b. Photographic Files – (Rogue’s Gallery)

The witness may be taken to the headquarters to examine

the photographs in the file. The modus operandi file may also
be shown upon knowledge of the technique of the commission of
the crime. The witness should also be instructed to call the

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investigator’s attention to any strong similarity in the
photograph of a single feature, as the nose or mouth.

c. General Photograph

The investigator should show the witness the variety of

facial types which do not necessarily represent the criminal.
The picture only represents different features of the face.
The image of various features such as the degree of baldness,
length or shape of the nose, the shape of the ear, etc.

d. Artist’s Assistance (Cartography)

Identification may be made by the employment of an artist
to depict a composite of the feature described by the
eyewitness. The witness is shown a chart which contains
representations of various types of human features as noses,
eyes, ears, etc., and is requested to select the individual
features present in the unknown criminal. From the selection,
the artist draws a composite of the face which maybe a close
approximation to that of the criminals.
e. Police Lineup (Show-ups)
This involves a process of letting/allowing a witness
to select the primary suspect from a group of chosen
persons (suspects and innocent persons).

THE THREE TOOLS OR I’S OF CRIMINAL INVESTIGATION:

In criminal investigation, we have the so-called three
tools or sometimes called as the I’s of criminal
investigation to include: Information, Interview and
Interrogation and Instrumentation.

INFORMATION
It is the knowledge or facts which the investigator
had gathered or acquired from persons or documents, which
are pertinent or relevant concerning the commission of the
crime or criminal activities.

The significance of information can be explained by what

Rudyard Kipling had said:

“ I keep six honest men

They taught me all I know;

Their names are what and why and when and how and where and
who.”

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Specifically, information. . .

 PROVIDES answers for the 5 W’s and 1 H.

 Vital in planning the operations of investigators.

PRACTICAL TECHNIQUES OF GATHERING INFORMATION

 By observing tact or diplomacy in performing

investigative tasks and duties.
 By being friendly and diplomatic with other law
enforcers.
 By not totally relying in memory.
 By keeping records or maintaining a file of potential
criminals, suspected criminals, actual offenders, and
informers/informants.
 By being meticulous
 By becoming acquainted with many kinds of people from
all walks of life

TRACES VS. SOURCES OF INFORMATION

TRACES OF INFORMATION

Any written or documented statements of persons who possess

relevant knowledge concerning a crime. It may include any
form of documented data such as directory, file,
audio/video tapes and written testimonies

Common traces of info:

 Criminal complaint
 Information
 Depositions
 News article

SOURCES OF INFORMATION

To whom, where or which information are derived or

developed.

General categories:

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  Places
 Things
 people

RECORDS AS SOURCE OF INFORMATION

RECORDS are documents that can be obtained and studied to

obtain facts on incidents and people. They are vital
information since they provide leads in facilitating the
investigation process.

Records are of two general types: Public and private

PUBLIC

 LAW ENFORCEMENT SOURCES

 GOVERNMENT SOURCES
 PUBLIC LIBRARY

PRIVATE

 PERSONAL DIARIES
 PERSONNAL LETTER

THE INTERNET AS SOURCES OF INFORMATION (www)

 Fast breaking cases, such as kidnapping, can be aided

by the investigator’s ability to distribute
photographs and important details efficiently and
quickly.
 Has revolutionized investigation by enhancing the
ability of investigators to access volumes of data at
a moment’s notice without even leaving their home or
office.

According to Keith Strandberg in his article Pointing

Investigators in the Right Direction, the internet is an
excellent investigative tool, if used correctly and
information is verified.

Good examples of US law enforcement websites are the LEO,

CrimNEt, IACPNet, and CopNet.

PEOPLE AS SOURCES OF INFORMATION

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  Vast amount of information come from people with
direct or indirect knowledge

1. Regular Sources = Records, files from the

government or non-government agencies, news items. The bulk
of application of this nature is news items. Included also
is news or TV broadcast, intercepted radio, telephone
messages and stored computer area.
2. Cultivated Sources = Information furnished by
informants or informers.
3. Grapevines sources =When the information is
disclosed by the underworld characters such as prisoners or
ex-convicts.

INFORMANT
in criminal investigation

What is the distinction between informants and informer?

Informant is a person who gives information to the

investigator. He may give the information openly and even
offer to be a witness, or he may inform the investigator
surreptitiously and request to remain anonymous.
Informers, generally paid by the investigator and
should be registered with the investigator’s agency.
Informers are actually informants by profession usually
recruited or paid assets of investigating agencies.

Types of informants and informers:

a. Anonymous Informant - He may be an anonymous telephone

caller or anonymous letter writer. If the person seems to
have real information, get all the possible fact, but:
1. Do not reveal any information may have by stating
that you already know what is being told to you.
2. Do not let your telephone conversation disclose
facts which not leak out.
3. Do not caller press you to reveal facts.
4. Do not let the tendency to show “show off” or to
impress your anonymous caller with what you already know to
get the better of you.
5. Do not let your caller find out more from you than
you from him.

20
b. Rival-Elimination Informant – the purpose is to
eliminate the rival person or gang due to competition or
other motives such as revenge, etc.

c. False Informant – Usually reveals information of no

consequence or value.

d. Frightened Informant – He is prodded by fear or self-

interest in giving information to the police.

e. Self-Aggrandizing Informant – This kind of informant

moves around the centers of criminals, group or syndicate
and delights in surprising the police about bits of
information.

f. Confidential Informant - is a person who provides the

police with confidential information concerning a past
crime or a projected and planned crime.

g. Mercenary Informant – The informant has information for

sale.

h. Double-Crosser Informant – He uses his seeming desire to

divulge information as an excuse to talk o the police in
order to get more information from them more than he gives.

i. Women Informant – considered useful, effective and

dangerous informants.

MOTIVES OF INFORMANTS

a. Vanity – The motive is for self-aggrandizement by

gaining favorable attention and importance by police.
b. Civic Mindedness – Those imbued with the sense of duty
and obligation to assist the police in their task.
c. Fear – It is the engendered illusion of oppression from
enemies or from impending dangers.
d. Repentance – Those lesser criminals such as accomplices
or accessories who will have a change in heart to unburden
their conscience.

CLASSICAL SYSTEMS OF GATHERING INFORMATION

 ENGLISH PRACTICE
 FRENCH APPROACH

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ENGLISH PRACTICE

 System of gathering information that has little

consideration on paid information
 Relies on information given voluntarily or willingly

FRENCH APPROACH

 Obtaining information that relies heavily in buying

information
 Extensive use of informers

METHODS OF OBTAINING INFORMATION

 OVERT METHOD
 COVERT METHOD

OVERT METHODS

- INTERVIEW
- PATROL OR RECONNAISANCE
- CRIME SCENE SEARCH
- REGULAR PERFORMANCE OF POLICE ACTIVITIES
- CUSTODIAL INTERROGATION

COVERT METHOD

- SURVEILLANCE
- UNDERCOVER ASSIGNMENTS
- ENTRAPMENT
- BUY-BUST OPERATION
- INCLUDING TACTICAL INTERROGATION

INTERVIEW and INTERROGATION

INTERVIEW

The simple and friendly questioning of a person who

has knowledge relevant to the crime or case under
investigation. The person being questioned during interview
is usually ready, willing and able to talk freely.

THE GOLDEN RULE IN INTERVIEW

22
 * Never conduct (or let anyone conduct) an interview
if the interviewer has not gone to the crime scene.

Questions during the interview should agree with the

facts and conditions at the crime scene. If the
interviewer did not personally see the crime scene, his
questions will be inconsistent. Since the questioning
process is not systematic, the interviewer might not be
able to distinguish half-truths, exaggerations or falsehood
from the answers of the person being interviewed.

TYPES OF INTERVIEW USED IN CRIMINAL CASES

BACKGROUND INTERVIEW

It is focused only in obtaining data regarding the

personal background of the subject. This includes:

 Date and time of interview

 Setting/place of interview
 Full name and address of the subject
 Educational background
 Names and whereabouts of relatives
 Personality traits, habits and hobbies
 Marital status and numbers of children
 Profession or vocation
 Type and tenure of employment or contract
 Name of employer, superiors and/or associates in his
job
 Membership in any organization
 Honesty, discretion and loyalty to his job and his
organization
 References for evaluation of the subject

SUBJECTIVE INTERVIEW

The type of interview whereby questions are phrased in

a manner that the subject’s answers are based on his
personal opinions or views. Questions are designed to deal
with the subjective aspect of the case.

OBJECTIVE INTERVIEW

The type of interview wherein questions are designed

to acquire the basic and specific data or facts regarding a

23
criminal case. This is the type that complies with the 6
cardinal points of criminal investigation- the 5 W’s and 1
H.

COGNITIVE INTERVIEW

Type of interview appropriate for willing and

cooperative witnesses. Witnesses of this kind should be
given the opportunity to narrate their accounts without
intervention, interruption and interference from the
interviewer. After the subject has finished his narration,
the interviewer should apply a technique similar to direct-
examination and cross-examination to clarify details that
needs to be explained. The purpose is to arrive at a vivid
and complete picture of the testimony. In case of subjects
with below average intelligence, the use leading questions
should be used to obtain most, if not all, of the needed
information.

THREE STAGES OF INTERVIEW

 PRELIMINARY INTERVIEW: the initial questioning of a

subject usually conducted at the crime scene though it
may be carried out also at the subject’s home or
workplace.

 FOLLOW-UP INTERVIEW: the 2nd or succeeding questioning

to:

– Obtain further info as that was missed during the

first questioning
– Clarify data that has been already gathered

 FINAL INTERVIEW: the last questioning that may lead to

the act of offering a witness to testify in court
during trial.

Qualities of good and competent interviewer

– Self-confidence and professionalism in appearance

and demeanor.
– Adaptable, objective, patient, persuasive,
insightful and sensitive to individual rights.
– Friendly

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STEPS IN CONDUCTING AN INTERVIEW

 Preparation- the investigator must familiar to the

facts of the case
 Approach- the investigator develops rapport to the
subject.
 Warming-up- ask the subject questions that are not
related to the case.
 Recounting- ask necessary questions to the subject by
using the cardinal questions.
 Questioning for clarification
 Ending the interview- the investigator ends the
interview by saying gratitude to the subject.

THE interview format is another way of explaining the

interview procedure. The following are the six key
components of the interview.

– Identity of the interviewer

– Rapport
– Opening statement
– Narration
– Inquiry or direct questioning
– Conclusion.

Immediately after the subject narrates his story, the

interviewer should ask direct questions. There are three
purpose of direct questioning:
 To clarify vague details or certain statements made by
the subject
 To challenge inconsistencies in the subject’s history
 To obtain additional information

RULES IN DIRECT QUESTIONING

 USE the subject’s language.

 Ask questions one at a time.
 Avoid yes or no questions.
 Avoid leading questions.
 Keep questions simple.
 Avoid embarrassing questions.

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TYPES OF SUBJECT IN AN INTERVIEW

KNOW-NOTHING TYPE- reluctant like uneducated persons; needs

extensive warm-up, and presenting him multiple questions
then lead him to relevant questions.

DISINTERESTED TYPE - uncooperative, indifferent; needs:

must be aroused, use of flattery, let him feel important to
the issue.
THE DRUNKEN TYPE- flattery may be applicable but it is not
advisable to take written statements.

SUSPICIOUS TYPE- remove his anxiety/fear; let him think

that his uncooperativeness will work against him.

TALKATIVE - shift his talkativeness to those matters useful

in the investigation.

HONEST - ideal and needs little care and guidance.

DECEITFUL - permit him to lie until enmeshed with

falsehoods an inconsistencies; recorder is needed, playback
the inconsistencies then bluff him with perjury.

TIMID - shy and are easily frightened; employ friendly

approach; explain him the interview will be confidential.

BOASTING, EGOISTIC OR EGOCENTRIC - patience and flattery

are necessary; they are good witnesses but are prone to
exaggeration.

REFUSAL TO TALK - most difficult; perseverance and use of

neutral topics must first be taken.

REASONS FOR REFUSAL TO TALK

 Fear of reprisal
 Great inconvenience
 Hatred against the police
 Bias
 Avoidance of publicity –the investigator must hide the
subject away from reported
 Family restriction
 Bigotry –religious or racial, tribal or ethnic
indifference

26
  Cult indoctrination –some cults or religious
denominations exercise religious or moral influence on
decision of witnesses to testify.

Certain problems are usually encountered in

interviewing special subjects, such as children, victims
of sexual abuse, and recalcitrant witnesses. Problems
encountered may be overcome with the use of specific
technique.

INTERROGATION

The aggressive and confrontational questioning of a

person about his participation in a crime. It is a formal
questioning whereby aggressive and accusatory questions can
be asked to the subject. It refers to the questioning of
suspects, culprits, offenders, or perpetrators of a crime.
In practice, it can be used in questioning hostile
witnesses.

INTERROGATION is an art employed in questioning suspects

for the purpose of getting specific information which could
be in the form of admission or confession about the
commission of a felony or an offense.

PURPOSES OF INTERROGATION

Specifically, the purposes of interrogating suspects in

criminal cases are as follows:
 To extract confession, if not admission, from a
criminal suspect
 To elicit valuable information from uncooperative or
unwilling witness
 To learn the surrounding circumstances of a criminal
incident
 To determine the existence and location of physical
evidence such as weapons, drugs and documents
 To learn the identity of principals, accomplices and
accessories
 To discover or locate the fruits of the crime and
instruments of the crime.
 To develop additional leads for the solution of
criminal cases.
 To discover details of other crimes in which the
suspect has participated.

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CUSTODIAL INVESTIGATION
- is any inquiry initiated by law enforcement officers
after a person has been taken into custody of otherwise
deprived of his freedom of action in any significant way
(Gacayan, 2005).

- it shall include the practice of issuing an

“Invitation” to a person who is investigated in connection
with an offense he is suspected to have committed, without
prejudice to the liability of the “inviting” officer for
any violation of law (Sec. 2 of R.A 7438).

The following are the requisites of custodial

investigation:

A. The questions being asked are no longer general inquiry;

and
B. The person being questioned is considered as a suspect
in the crime committed.

What is the meaning of general inquiry?

General inquiry is a question that may be asked to any

person. Some examples of this are as follows:

A. What is your name?

B. How young are you?
C. Are you still single? (Fianza, 2005).

CONFESSION DISTINGUISHED FROM ADMISSION

 Confession is the declaration of the accused

acknowledging his guilt arising from the commission of
a crime.
 Admission is an acknowledgement of a fact or
circumstance without accepting guilt. Guilt maybe
inferred in admission.

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KINDS OF CONFESSION

1. EXTRA JUDICIAL CONFESSION

Those made by the suspect during custodial

investigation. Simply explained are that those confessions
are made outside of the Court.

Sec 3, Rule 133, Rules of Court

An extra judicial confession made by an accused
is not a sufficient ground for conviction, unless
corroborated by evidence of corpus delicti (body of the
crime.)

2. JUDICIAL CONFESSION
Those made by the accused in open Court. The
plea of guilt maybe during arraignment or any stage of the
proceedings where the accused changes his plea of not
guilty to guilty.

Sec. 2, Rule 129, Rules of Court

“Judicial Admission is made by the party in the
pleadings, or in the course of the trial or other
proceedings do not require proof and cannot be contradicted
unless previously shown to have been made through palpable
mistake.”

KINDS OF EXTRA-JUDICIAL CONFESSION

a. Voluntary Extra-judicial
A confession made by the accused of his free will and
accord, without inducement of any kind, with a full and
complete knowledge of the nature and the consequence of the
confession.

b. Involuntary Extra-judicial
Confessions obtained through force, threat,
intimidation, duress or anything influencing the voluntary
act of the confessor.

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CONSTITUTIONAL RIGHTS OF THE ACCUSED

 The right to adequate legal assistance

 The right against the use of torture, force, violence,
threat, intimidation, or any other means which
vitiates the free will
 The right against being held in secret, solitary,
incommunicado, or other similar forms of detention.
 The right to bail and against excessive bail
 The right to due process of law
 The right to presumption of innocence
 The right to be heard by himself and counsel
 The right to be informed of the nature and cause of
the accusation against him
 The right to have speedy, impartial and public trial
 The right to meet the witness face to face
 The right to have compulsory process to secure the
attendance of witnesses and the production of evidence
in his behalf
 The right against self-incrimination
 The right against detention by reason of political
beliefs and aspiration
 The right against excessive fines
 The right against cruelty, degrading or inhuman
punishment
 The right against infliction of the death penalty
except for heinous crimes
 The right against double jeopardy

THE LAW THAT DEFINES RIGHTS OF AN ACCUSED

R.A. 7438 – is the law that defines the Rights of Persons

Arrested, Detained or under Custodial Investigation. R.A.
857 – is the old law that provides for the rights of every
person arrested. This was amended by RA 7438.

Assisting Counsel. - Assisting counsel is any lawyer,

except those directly affected by the case, those charged
with conducting preliminary investigation or those charged
with the prosecution of crimes.

30
Provisions of RA 7438:

1. Any person arrested, detained or under custodial

investigation shall at all times be assisted by
counsel.

2. Any public officer or employee, or anyone acting under

his order or his place, who arrests, detains or
investigates any person for the commission of an
offense shall recite the Miranda Rights.

3. The custodial investigation report shall be read and

signed by the person arrested/detained/under custodial
investigation in the language understood.

4. Any extrajudicial confession made by a person

arrested, detained or under custodial investigation
shall be in writing and signed by such person in the
presence of his counsel, spouse, brother or sister,
Mayor, Priest, Pastor, etc.

5. Any waiver shall be in writing and signed by such

person in the presence of his counsel; otherwise the
waiver shall be null and void and of no effect.
6. Any person arrested or detained or under custodial
investigation shall be allowed visits by or
conferences

Penalty Provisions of RA 7438

(a) Any arresting public officer of employee, or any

investigating officer, who fails to inform any person
arrested, detained or under custodial investigation of his
Miranda Rights, shall suffer a fine of P6,000.00 or a
penalty of imprisonment of 8 -10 years or both.
The penalty of perpetual absolute disqualification
shall also be imposed upon the investigating officer who
has been previously convicted of a similar offense.

(b) Any person who obstruct, persons or prohibits any

lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation shall
suffer the penalty of imprisonment of 4-6 years, and a fine
of P4,000.

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 TECHNIQUES OF INTERROGATION

THE FOLLOWING ARE THE TECHNIQUES OF INTERROGATION:

A. EMOTIONAL APPEAL – This is a technique where the

investigator, combining his skills of an actor and a
psychologist, addresses the suspect with an emotional
appeal to confess. Devotees of a religion may belong to
this type.

B. SYMPATHETIC APPROACH – The investigator, in his

preliminary or probing questions must dig deep into the
past troubles, plight and unfortunate events in the life of
the suspect. An offer of help, kindness, friendliness, may
win his cooperation.

C. FRIENDLINESS – A friendly approach coupled with a

posture of sincerity may induce the suspect to confess.

D. TRICKS AND BLUFF TECHNIQUES

(1) The Pretense of Solid Evidence against the Accused
(2) The Weakest Link
(3) Drama
(4) Feigning Contact with Family Members
(5) The Line Up (Accused is lined-up among suspects)
(6) Reverse Line Up (Accused is alone and coached
witnesses and victims are piled to
make accusations against the accused)

E. STERN APPROACH – The investigator displays a stern

(demands immediate response) personality towards the
suspect by using the following methods:

 Jolting – the investigator selects the right moment to

shout a pertinent question in an apparent righteous
outrage.
 Opportunity to Lie – The suspect is given all the
opportunities to lie with repetitive questions.

F. THE MUTT AND JEFF OR SWEET AND SOUR METHOD

– The use of TWO investigators, arrogant and
thoughtful.

G. REMOVING THE ETHNIC OR CULTURAL BARRIER

32
 – If the suspect is an Ilocano, an Ilocano
investigator and the same should interrogate him, the same
with other ethnic or cultural groups.

H. SEARCHING FOR THE SOFT SPOT

– In every man’s heart, there is always that softest
spot. The heart may have been hardened to steal by
poverty, destitution, hopelessness, despair, apathy,
indifference, injustice, hatred or other factors, yet there
is always that spot which could be discovered by the
investigator thru his knowledge of human behavior.
That spots maybe the youngest child, the wife, the
mother, and the brother who acted as his father, the
grandparents or the best friend.

ADDITIONAL MODERN TECHNIQUESOF INTERROGATION (RPM)

a. Rationalization – It is the use of reasons, which is

acceptable to the subject that led to the commission of the
crime. Thus, it may be said that sometimes, killing is a
necessity rather than by purpose or design. Robbery may be
a necessity to feed a starving family.

b. Projection – It is the process of putting the blame to

other persons, not alone to the suspect. The murderer may
blame the mastermind for corrupting him with big sums of
money, or the mastermind blaming the greediness of the
victim or the husband blaming the wife for her infidelity.

c. Minimization – It is the act of minimizing the

culpability of the suspect. The investigator convinces the
suspect that a confession will reduce the offense and the
penalty. Thus, the investigator could study it if there is
a way to downgrade murder to homicide or the introduction
of mitigating circumstances with the result of the penalty
being within the range of probation.

3. INSTRUMENTATION
= This is sometimes called Criminalistics. It is the
process of applying instruments or tools of the police
sciences in criminal investigation and detection. This is
the use of the Police Laboratory in the examination of
physical evidences.

CRIME SCENE – A venue or place where the alleged

crime/incident/event has been committed (PNP Criminal
Investigation Manual, 2011).

33
 -It is said to be the “TREASURE ISLAND”, when it comes
to criminal investigation.

It is because several pieces of evidence are mostly

found in the crime scene, which are very relevant for the
solution of the crime.

Methods of Crime Scene Search

a. Strip Search Method

In this method, the area is blocked out in the form of

a rectangle. The three (3) Searchers A, B, and C, proceed
slowly at the same pace along paths parallel to one side of
the rectangle. When a piece of evidence is found, the
finder announces his discovery and the search must stop
until the evidence has been cared for. A photographer is
called, if necessary. The evidence is collected and tagged
and the search proceeds at a given signal. At the end of
the rectangle, the searchers turn and proceed along new
lanes as shown in the above illustration.

b. Double Strip Search Method

34
 The double strip or grid method of search is a
modification of the Strip Search Method. Here, the
rectangle is traversed first parallel to the base then
parallel to a side.

c. Spiral Search Method

In this method, the three searchers follow each other

along the path of a spiral, beginning on the outside and
spiraling in toward the center.

d. Zone Search Method

In this method, one searcher is assigned to each

subdivision of a quadrant, and then each quadrant is cut
into another set of quadrants.

35
e. Wheel Search Method

In this method of search, the area is considered to be

approximately circular. The searchers gather at the center
and proceed outward along radii or spokes. The procedure
should be repeated several times depending on the size of
the circle and the number of searchers. One shortcoming of
this method is the great increase in the area to be
observed as the searcher departs from the center (PNP
Criminal Investigation Manual, 2011).

What is meant by reconstruction of the crime?

After completion of the search, an effort must be made
to determine from the appearance of the place and its objects
what actually occurred and what the circumstances of the crime
were. This is known as reconstructing the crime.

What are the kinds of reconstruction? Explain each.

1. Physical Reconstruction
The physical appearance of the crime scene is
reconstructed from the description of witnesses and the
indication of the physical evidence.
2. Mental Reconstruction
From the physical reconstruction, some conclusions can
be made concerning the consistency of the accounts of the
various witnesses. No assumption should be made concerning
actions which are not supported by evidences. The final theory
developed by the investigator should provide a line of
investigative action.

SKETCHING

36
SKETCHING THE CRIME SCENE

 Sketch is the graphic representation of the scene of

the crime with complete measurements of the relative
distances of relevant object and conditions
obtaining therein.
 It is the simplest and the most effective way of
showing actual measurements and of identifying
significant items of evidence in their location at the
scene. Sketching is supplementary to photography.
 It refers to the process of recording of information
with respect to its location, position, measurement,
orientation and details of findings in a sketch pad
through symbols, arts and figures.

The General Kinds of Sketch

1. Rough Sketch is the sketch made by the investigator at

the crime scene which is full of important details but
without the scale of proportion. This is used as the basis
for the finished sketch.

2. Finished sketch is the sketch with a scale of proportion

and drawn by a draftsman which can be used for court
presentation.

TAKE NOTE: Rough and finished sketches if requested by the

court shall be presented by the draftsman to clear doubts
of the jury.

REASONS OF MAKING SKETCH

1. To refresh the memory of the investigators.

2. To express the precise location of objects and their
relationship to other objects and its surroundings.
3. To assist the prosecutor and the judge in understanding
conditions at the crime scene;
4. To supplement photographs;
5. To assist in questioning of witnesses and suspects.

PARTS OF SKETCH

The following are parts of sketch that is usually

practiced by the Philippine National Police (PNP). This may
vary depending on the sketcher and purpose of sketch.

37
1. Title – it refers to the crime committed or the incident
happened such as vehicular accident, homicide case,
drowning, rape case and others.
2. Body – refers to the sketch proper to include the
position of the victim and other items in the crime scene.
It includes proper measurements of distances of objects in
the crime scene.
3. Compass direction (orientation) - A standard arrow to
indicate the north direction. To find the north without
compass, determine the east where the sun rises. Facing
east, your LEFT SIDE is the north direction.
4. Nature of case – refers to the status of the case
whether currently committed or days have passed after its
discovery.
5. Location of incident – refers to the place where the
incident happened.
6. Date/time of incident – refers to the exact time and
date of the incident. This can be gathered through
interview from eyewitnesses and other persons in the area.
7. Name of victim – the part of the sketch where name of
the victim is written
8. Name of suspect – refers to the part of the sketch where
the name of the suspect is written.
9. Legend = This is usually placed at the bottom of sketch
outside the sketch of the scene. Numbers represent the
objects in the crime or letters in order not to
unnecessarily crowd the graphic presentation. Their
descriptions are found in the legend.
Example, No. 2 = Cal. 45, Serial No. 123456.

10. Signatory – the part of the sketch where the name of

the sketcher and the team leader or the officer in charge
are written and signed.
11. Date and time- refers to the exact time the sketch was
made.

SOME ESSENTIAL ELEMENTS OF SKETCH

1. Measurements = This is the element of sketch wherein

measurements are shown in the sketch to show accurate
spaces and distances of relevant objects to their point of
reference. Apply coordination method/polar method,
triangulation and cross projection methods.

2. Essential Items = All items in the scene must be

included. Never decide outright that some items are
irrelevant. As you proceed in the investigation, these

38
seemingly irrelevant items will become relevant or material
in the investigation.

3. Scale of Proportion = It is the essential of the

finished sketch to the actual size or measurements at the
scene. The scale of 1:50 means that one inch in the sketch
measurement is 50 inches in the actual scene measurement.

4. Victim and Suspect Identification = This includes the

name of the victim. Other identification data may be
included if available such as: birthdate and birthplace.

5. Time and date = It includes the exact time of the

preparation of the sketch but most importantly the time and
date of the occurrence of the crime should be recorded.

THE SPECIFIC KINDS OF SKETCH

1. Sketch of Locality – It deals with the vicinity of the

crime scene:
- neighboring buildings/structures
- means of access leading to the scene.
TAKE NOTE: This kind of sketch is applied in
conflagrations, suspected to be arson, indicating the
origin of the fire and how is spread naturally or
unnaturally against the wind.

2. Sketch of Grounds
This is the kind of sketch which illustrates the scene
of the crime with the nearest physical surroundings such
as:
- adjacent room
- opposite room
- number of floors of a building
- yard
- other natural structures

3. Sketch of Details
- It includes the positions and exact locations of the
physical evidence in the crime scene.
- It describes the room and immediate scene only where
the crime was committed.
- It contains the pieces of physical evidence with
relevant measurements.

39
4. Cross Projection Sketch
- Sometimes called Bird’s eye view sketch or Exploded
view Sketch.
- It describes the immediate scene only, specifically
inside a room as the scene of the crime.
- The room is treated as the cardboard box where the
side and the cover are collapsed to the same plane as the
bottom. The bottom serves as the floor, the four sides
representing the walls and the cover representing the
ceiling.

EVIDENCE

What is the definition of evidence?

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

CLASSES OF EVIDENCE

1. Testimonial Evidence – is any written or oral statement

or declaration of person respecting a matter of fact sought
to be proven. It is the most common form of evidence
obtained by interview and interrogation of which witnesses
smell, hear, taste and touch are being described through
oral and written testimony.

2. Documentary Evidence – is that which consist of writings

or any material containing letters, words, numbers,
figures, symbols, or other modes of written expression
offered as proof of their contents. It also includes
official records, or contents “could speak for themselves”
when read by the investigation and the court.

3. Physical/Real/Object/Autoptic Evidence – are physical

objects used as evidence w/c are obtained through searches
at the scene of the crime. Articles and material found in
connection with investigation, which aid in establishing
the identity of the perpetrator.

KINDS OF PHYSICAL EVIDENCE

1. Corpus delicti (body of the crime) – Indicates that a

crime was committed. The phrase corpus delicti might be
used to mean the physical object upon which the crime was
committed, such as a dead body or the charred remains of a

40
house, or it might signify the act itself, that is, the
murder or Arson.
The corpus delicti is also used to describe the evidence
that proves that a crime has been committed.

2. Associative evidence – links the suspect to the crime

scene or offense such as fingerprints & shoe prints.
3. Tracing evidence – assist the investigators in locating
the suspect such as ID and other personal documents (birth
certificate, diary) that may identify the person concerned.
4. Circumstantial evidence – Identification is being
established indirectly by proving other facts or
circumstances.

41