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CHAPTER 1
CRIMINAL INVESTIGATION AND INVESTIGATOR

What is Criminal Investigation?

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)
Is the systematic process of identifying, collection, preserving and evaluating information for the purpose of bringing a
criminal to justice (Cael & Agas, 2000)
Criminal investigation is a logical, objective, and legal inquiry involving a possible criminal activity. The result of the
inquiry, if successful, will answer 5W’s and 1H question.

Nature of Criminal Investigation

1. It is a systematic process based on a systematic plan, conducted in an orderly and logical manner.
2. It deals with information in the sense that all collected data from various sources are evaluated, described,
including those derived from observation, reports, rumors which may be part of the subject of investigation.
3. It involves the activities of gathering and sorting facts, identifying and collecting evidence, processing and
evaluation of evidence, locating then interrogating suspects, assembling proof of criminal guilt, presentation of
forensic evidence.

Kinds of criminal investigation

1. Investigation while the suspect is under arrest and detention; and
2. Investigation while the suspect is at large.
Fugitive vs. At large
Fugitive: an escapee from detention or an escape prisoner while serving sentence by virtue of a final judgement
rendered by a court of competent jurisdiction that can be legally arrested without the necessity of a warrant of
arrest.
At large: Not being a wanted person before the eyes of the law, and therefore cannot be lawfully arrested without
warrant.
Goals of Criminal Investigation
1. To determine whether the crime has been committed
2. To legally obtain information or evidence
3. To identify persons involved in the crime
4. To arrest suspects
5. To recover stolen properties
6. To present the best possible case to the prosecutor.
Importance of Criminal Investigation

 The problem on the crimes and criminals should be carefully studied and provided with solutions.
 It helps the 5 pillars of the CJS in recognizing and identifying criminals and provides clues and information in
promoting social justice.
 An aid in enforcing the laws and protection of lives and properties

Is Criminal Investigation an Art or Science?

It is an Art because it is governed by rigid rules or fixed legal procedures but most often based on intuition (logic
and tested knowledge, immediate learning/ consciousness) and sometimes by chance.
It is a science because it involves the application of knowledge of forensic sciences in the process of identifying
collecting, processing and evaluating physical evidence.

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At present, Criminal Investigation is an art and science. It exists today as a result of countless development since policing
was conceived and institutionalized.

The Criminal Investigator

A public safety officer who is tasked to conduct the investigation of all criminal cases as provided for and embodied under
the RPC/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 DIDM Manual)
Qualities of a Good Investigator
1. Perseverance- Steadfastness, persistence and resolution to bring the desired conclusion in spite of obstacles
connected with criminal investigations
2. Endurance – Ability to last physically and mentally
3. Incorruptible Honesty and Integrity -
4. Intelligence and Wisdom of Solomon -
5. Acting Activity
6. Mastery of the Oral and Written communication
7. The Keen Power of Observation and Description
8. Courage – Tell the truth no matter who will be hurt
9. Working Knowledge of the law (CL, SPL, Criminal Procedures)
10. The Power of Read Between the Lines
11. Working Knowledge of Martial Arts and Firearm Proficiency

Primary Job of an Investigator

1.To discover whether or not an offense has been committed
2. 5 Wife 1 Husband (Cardinal Points of an investigation)
Training
Training, as one of the foundations of investigation, is concededly a vital ingredient in the creation of a total
investigator. Experience alone does not make one good investigator. Many who had been hostage to this notion often
ended in jeopardy. The ideal conjugal partnership is training and experience. The fusion of the best training and vast
experience is a formidable force that can threat even the most sophisticated technology and syndicated crimes. The
necessity of training as a purveyor of change builds the investigator’s confidence. It widens his vision for professional
growth and strengthens his will to survive and prevail over crises.

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CHAPTER II
HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION

 2100 BC, Babylon: as civilization developed, social and cultural traditions were codified into formal laws. The
code of Hamurrabi was then implemented to detect those who refused to obey the law. It imposes the Lex
Taliones principle where the punishment of an offender is equal to what he did. It is known to be the principle of
“tit for tat” or an eye for an eye, and a tooth for a tooth.

 9th Century, England: King Alfred the Great established a “mutual pledge” (social control), which organized the
security into several levels.

a. Ten Tithing: One hundred persons grouped into one under the charge of a high constable, Hue and Cry is
employed. The constable who is considered the first form of English Police deals with more serious breaches
of the law.
b. Tithing: Ten persons grouped together to protect another and to assume responsibility for the acts of the
group’s members. The one who heads this group is Tithing Man.
c. Shires: The combination of hundreds within a specific geographical area were put into the control of the king
and were governed by shire-reeve or sheriff.
 Time of Christ, Rome: The Roman Emperor Augustus picked out special, highly qualified members of the
military to form the ff.
a. Praetorian Guard: was a handpicked unit of the Roman army formed by Augustus to ensure his own security.
The close relationships between the emperor and the guard empowered the Praetorians to exert considerable
influence on politics. While safeguarding the emperor against his enemies, the Praetorians were also powerful
enough to overthrow a ruler that did not suit them. Emperors, as a rule, spared no expense to gain their support.
Considered to be the first police officers. Their job is to protect the palace and the emperor.
b. Praefectus urbi: a prefect of the city (praefectus urbi) Augustus appointed a prefect of the city. The prefect of the
city was responsible for maintaining law and order within Rome and acquired full criminal jurisdiction in the
region.
c. Vigiles of Rome: The vigiles began as firefighters, they were also given law enforcement responsibilities and
they patrolled Rome’s street day and night. The vigiles could be considered civil police force designed to protect
citizens. They were quite brutal, and it is from them that the word “vigilante” came from.

 1285 AD, England: The Statute of Winchester was 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 the Winchester.
The Statute established the following:
a. The watch and ward act
b. Hue and cry system
c. Parish constable – primary law enforcement agent in England.
d. A requirement that all males keep weapons in their home for use in maintaining the public peace.

 1720’s England: Jonathan Wild was a buckle maker and a brothel operator; a master criminal who became
London’s most effective criminal investigator. He was the most famous thief- catcher in 1720’s. He conceived the
idea of charging the fee for locating and returning stolen property to its rightful owners.

 1750’s England; Henry Fielding: An English man who wrote a novel entitled “Tom Jones” and was appointed
as magistrate (sheriff) for the areas of Westminster and Middle age, London. He was the creator of Bow Street
runners while he was the magistrate, he formed a group of police officers attached to the Bow Street Court, and
not in uniform performing criminal investigative functions

 1753, England: John Fielding ;The younger brother of Henry Fielding who took over the control of Bow Street
Court in 1753. Despite of his closed vision, he guided the runners, the became quite effective. He also introduced
the practice of developing informants, printing wanted notice, employing criminal raids, and bearing firearms and
handcuffs.

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 1811, France: Eugene Francois Vidocq established a squad of ex-convicts to aid the Parish Police in
investigating crimes. He worked the theory of “Set a Thief to Catch a thief”

 1829, London: Robert Peel The founder and chief organizer of London Metropolitan Police. He introduced the
techniques in detecting crimes such as detectives concealing themselves and secretly photographing and recording
conversations.

 1835, Texas Rangers: Was organized as the first law enforcement agency with statewide investigative authority.
This is the forerunner of Federal Bureau of Investigation (FBI)

 1847- 1915, Dr. Hans Gross: The earliest advocate of Criminal Investigation as a science. He was a native of
Austria, born in Graz, educated in law. He became a professor in criminology at the University of Vienna.

 1852, Allan Pinkerton: Was the Americas foremost private detective. This individual truly deserves the title of
America’s Founder of Criminal Investigation. Among methods pioneered were “shadowing”, the art of suspect
surveillance, “roping”, working on undercover capacity, they have the motto, “We never sleep”

 1856, USA Kate Wayne: First detective in the history of Criminal Investigation. She was hired by Pinkerton
Agency and contributed to the resolutions of big cases of the USA.

 156, USA: US Secret Service was founded to investigate counterfeiting activity in post-civil war in America.
This was created purposely to counteract on the proliferation of fake dollars and paper money in America.

 1866,USA Thomas Byrnes He is an unusually keen minded individual who trained his detectives in recognizing
individual criminal techniques. He founded the criminal ‘modus operandi ’of method/mode of operation.

 1866,Liberty,Missouri,USA The Jessie James Gang made the first hold up which marks the beginning of the
gangs 15 years hold up and robbery spree. Clat Country Saving Association was their first victim.

 1877,England:Howard Vincent He headed the newly organized Criminal Investigation Department of Scotland
Yard.

 1822,France :Alphonse Bertillon A French Police Clerk who introduced and established the first systematic
identification system based on the Anthropological Signalmen(Anthropometry).he is considered as the “Founder
of Criminal Investigtion”.

 1887,Dr.Arthur Conan Doyle He popularized the scientific criminal investigation by creating the fictional
detective Sherlock Holmes and his friend Watson. Holmes was featured in 6 shorts stories and 4 novels

 1901 1919, During the American occupation ,the criminal investigation service was organized out of the great
necessity of the Philippine Constabulary in the investigation of crimes.

 1901 1924,John Edgar Hoover:He became the head of the Federal Bureau of Investigation (FBI)which was
established by the attorney general from 1909 to 1924.

 1913,Phillipines:The genesis of Criminal Investigation in the Manila Police Department, presently the Western
Police District.

 1918,England: A new concept was introduced in the field of Criminal Investigation. This is known as “Team
Policing”. In this concept, there was no patrol division of criminal investigation per se. In this system, a team of
police officers is assigned to patrol and investigate all criminal matters within their area of jurisdiction or district.

 1954,USA:Dr.Paul Kirk The best known Criminalist who headed the Department of Criminalistics at the
Universities of California, USA.

 1966,USA:Miranda vs. Arizona The US Supreme Court established procedural guidelines for taking criminal
confessions. The case is the origin of the present Miranda Rights of every accused under the custody.

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CHAPTER III
THE CARDINAL PRINCIPLES OF CRIMINAL INVESTIGATION

Basic steps in Crime Scene Investigation

A.Recognition: The first step that involves the efforts of identifying data, including physical things that may provide
relevant information regarding the criminal case being investigated. That is why recognition is otherwise known as
”Identification” stage of investigation.
The earlier the significant facts are identified, the sooner the case will be solved. Significant things must be recognized
may be in the form of bloodstains at the crime scene, neighbor who accidentally saw or witness a burglary in progress, or
bank record of bank dealer. These are highly relevant facts that can be used by the investigator to develop a well-founded
belief that a crime has in fact been committed.
B.Collection: Refers to the act those identified data or facts, or physical things that are significant to the case under
investigation. Collection maybe done by scrapping the bloodstains found at the crime scene, interviewing the neighbor
who saw the burglary ,or examination of drug dealers bank book.
C.Preservation: It is the function that is almost simultaneously performed during the collection stage. It includes the act
of keeping the collected pieces of evidence in their true and original form, preventing contamination and destruction of its
substantive value.
Preservation does not only involve the process of packaging physical evidence in order that they can be safely transmitted
to the evidence custodian or to the crime laboratory. It covers the process of maintaining the objectively of facts or
information that has been gathered from the testimony of witnesses, victims or other persons involved in the criminal
case.
D.Evaluation:The process of determining the probative value of the evidence collected. Probative value refers to the
strength of the evidence or its worth or weight in successfully establishing a proof that a crime has in fact been committed
and that the suspect or accused is one who is responsible for it.
E.Presentation:It is the function that is primarily manifested inside the courtroom. The investigator, with the help of the
prosecutor ,must be able to present facts and information in a very simple and convenient manner in order to convince the
court and the other parties involved in the criminal case about the validity and truthfulness of the evidence they are trying
to prove or establish.

The Golden Rule in Cardinal Investigation

“Do not Touch, Alter, Move, or Transfer any objects at the crime scene unless it is properly Marked, Sketched and/or
Photographed”
The Three(3) I’s of Criminal Investigation
1.Information: It is the knowledge or facts in 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.
Information classified as to its sources:
A.Regular Sources: Records or files from the government agencies, news item. The bulk of application of this nature is
news item .Included also is news or tv broadcast ,intercepted radio, telephone messages and stored computer area.
B.Cultivated Sources: Information furnished by informants or informers.
C.Grapevine Sources: When the information is disclosed by the underworld characters such as prisoners or ex-convicts.

BASIC ASSUMPTIONS

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Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to.
Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This makes
interviewing an art.

I.R.O.N.I.C. FORMAT
The interview of a witness can be described by its acronym ‘IRONIC’ which stands for Identity, Rapport, Opening
Statement, Narration, Inquiry, and conclusion.
Identity – prior to the commencement of an interview, the investigator should identify himself to the subject by name,
rank and agency. Except, when there is no need to know the officer’s identity.
Rapport – it is good to get the positive feeling of the subject towards the investigators, such friendly atmosphere is a vital
for both the subject and the investigator t have a better interaction.
Opening Statement – the investigator must have to indicate why the subject is being contracted.
Narration – the witness should be allowed to tell all he knows with little interruptions from the investigator.
Inquiry – after all information have been given by the subject, that is the time for the investigator to as question to clarify
him about the case under investigation.
Conclusions – after the interview, it is but proper to close the interview with outmost courtesy and thanking the subject
for his cooperation.

RULES TO BE OBSERVED IN QUESTIONING

a. One question at a time
b. Avoiding implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
2.Interview and Interrogation: Interview and interrogation are similar with each other, in the sense that, they are both
ways of obtaining information from a certain suspect or person that has knowledge on a crime.
INTERVIEW is the simple questioning of a person who cooperates with the investigator. In account of the interview, the
witnesses give their accounts about the commission of the crime.
INTERROGATION is the process of obtaining information or confession from those suspects who committed the crime.
It is confrontational in nature, which means that the suspect is confronted about his participation in the commission of cri
What are the purposes of Interrogation?

 To obtain confession to the crime

 To induce the suspect to make admission
 To learn the facts of the crime
 To learn the identity of the accomplice
 To develop information which will lead to the recovery of the fruits of the crime
 To discover the details of other crimes participated by the suspect

INTERROGATION TECHNIQUES
Emotional Appeal
Place the subject in the proper frame of mind. The investigator should provide emotional stimuli that will prompt
the subject to unburden himself by confiding. Analyze the subject’s personality and decide what motivation would prompt
him to tell the truth, and then provide those motives through appropriate emotional appeals.

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Sympathetic appeal
The suspect may feel the need for sympathy or friendship when he is apparently in trouble. Gestures of friendship
may win his cooperation.
Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly manner.
Extenuation
The investigator indicates he does not consider his subject’s indiscretion a grave offense.
Shifting the blame
The interrogator makes clear his belief that the subject is obviously not the sort of person who usually gets mixed
up in a crime like this. The interrogator could tell from the start that he was not dealing with a fellow who is a criminal by
nature and choice.
Mutt and Jeff
Two (2) Agents are employed.
- Mutt, the relentless investigator, who is not going to waste any time because he knows that the subject is guilty.
- Jeff, on the other hand, is obviously a kind-hearted man.
Bluff on a Split Pair
This is applicable when there is more than one suspect. The suspects are separated and one is informed that other
has talked.
Pretense of Physical Evidence
The investigator may pretend that certain physical evidence has found by laboratory experts against him.
Jolting
May be applied to calm and nervous subjects by constantly observing the suspects, the investigator chooses a
propitious moment to shout a pertinent question and appear as though he is beside himself with rage. The subject may be
unnerved to the extent of confessing:

CUSTODIAL INTERROGATION/INVESTIGATION – is the questioning of a law enforcement officer on a person

under custody and otherwise deprived of his freedom or liberty. This is the stage in investigation where there is strict
observance of the Miranda Doctrine.

MIRANDA DOCTRINE – this case which entitled Miranda vs. Arizona, is a US Supreme Court Jurisprudence which
laid down the constitutional rights of the accused during custodial investigation. It was incorporated in our 1973
Constitution and later in the 1987 Constitution of the Philippines.

Goals of interrogation

 To find out the truth about crime.

 To obtain an admission or confession of guilt from the suspect.
 To gain all facts in order to determine the method of operation or modus operandi.
 To collect information that guides the investigators to arrive at a logical conclusion.
Terms to Consider


Interviewer: Interviewer refers to a person who conducts interview

Interviewee: interviewee refers to a person being interviewed

Interrogator: The person who performs skillful questioning of hostile witness and suspects for purposes of
obtaining confession or admission.
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 Interrogee : This points to the subject of interrogation whether a suspect or a victim.
 Suspect: Suspect denotes any person associated to the commission of a crime. A suspect may also refer to
any person whose guilt is considered on reasonable ground to be practical possibility.
 Witness: A witness is a person other than the suspect, who is requested to give information concerning an
incident. He may be a victim, complainant, an accuser, a source of information, and an observer of the
occurrence, a scientific specialist who has examined physical evidence or a custodian of official document
3.Instrumentation (sometimes called criminalistics):it is the process of applying instruments or tolls of the police
sciences in the criminal investigation and detection. This is the use of the police laboratory in the examination of
physical evidence.

CHAPTER IV
THE CRIME SCENE: METHODS OF SEARCH
What is crime scene?
Crime Scene: A venue or place where the alleged crime/incident/event has been committed (PNP DIDM)
It is said to be the “Treasure Island” when it comes to investigation. It is because pieces of evidence are mostly found
in the crime scene, which are very relevant in the solution of the crime.
What is Crime Scene Investigation?
Crime Scene Investigation: The conduct of processes more particularly the recognition, search, collection, handling,
preservation of physical evidences to include the identification and interview of witnesses and the arrest of suspects at
the crime scene.
Assignment of Duties of the Responding Officers

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1.Officers in Charge/Team Leader: The one who directs the processing of the crime scene.
2.Assistant Team Leader: The one who implements or executes the orders coming from the Team Leader.
3.Photographer: Takes all photographs of all pieces of evidence that are relevant to the crime committed.
4.Sketcher: Make sketches of the immediate, background and inside the crime scene.
5.Master note taker: The one who writes down in short hand all observations at the crime scene such as, weather
condition, time of dispatch and time of arrival at the scene and other relevant data that should be taken down note.
6.Evidence man/custodian: The one in charge in the collection, preservation, tagging of evidence found at the crime
scene.
7.Measurer: Makes all relevant measurements of the scene such as; the distance of the body of the victim to the
firearm used; in motor collision, the distance of the two vehicles to the point of references.
Materials Needed in Crime Scene Investigation
1.Searching Materials: Flashlight, magnifier, etc.
2.Sketching Materials: Chalk, graphing paper, sketching pad, clipboard, paperboard, pencil, ball pen, etc.
3.Measuring Materials: compass, tape measure, ruler, etc.
4.Recording Materials: Tape recorder, video recorder, camera, etc.
5.Collecting Materials: cutting fliers, knife, crew device, dropper, forceps, fingerprinting equipment, etc.
6.Preserving Materials: Bottles, envelopes, test tubes, evidence tag, evidence bag, etc.

Initial Steps in Crime Scene Investigation

1.The master note taker must take note the date, time of arrival and the weather condition (rainy, sunny, windy, or any
appropriate weather condition.)
2. Cordon the crime scene. This includes the use of “police line” to prohibit the entry of unauthorized persons inside the
crime scene. “rope” can be used in protecting the scene of the crime. Deputizing responsible persons by the investigation
can be done also when necessary to protect the scene.
3.The team leader will make a preliminary survey of the crime scene.
4.Command Post must be established nearby or adjacent the scene.
5.The team leader after the preliminary survey will conduct briefing among the responding team members.
6.The searchers may now enter the crime scene to find for pieces of and identifying them with use of flag let, chalk or
other making tools or device.
7.The Measurer and Photographer may enter the crime scene to measure and take photographs on the pieces of evidence.
8.The Fingerprint Technician may enter the scene and powders the suspected areas.
9.The pieces of evidence shall now be collected, marked (with initials, date and time and case if possible), and preserved
with available containers.
10.Pieces of evidence shall be submitted to the command post for accounting purposes.
11.The Team Leader shall make the final survey of the crime scene.
12.Debriefing and proper accounting of the pieces of evidence shall be made.

Other Steps to be done in the Crime Scene Investigation

 Identify and retain the person who first notified the police for questioning.
 Determine the suspect by direct inquiry or observation.
 Retain all people present at the crime scene.
 Safeguard the area by issuing appropriate orders.
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 Separate the witnesses in order to obtain independent statement.
 Summon assistance from responsible persons if necessary.
The different methods in searching crime scene
1.Strip Method: In this method, the area is blocked out in the form of a rectangle. The Three (3) Searchers A, B, 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 been cared of. 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 illustration.
2.Double Strip or Grid Method: 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.
3.Spiral Mode: 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.
4.Wheel 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.
5.Zone or Quadrant 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.

CHAPTER V
THE SKETCH AND SKETCHING
Sketch: is the graphic representation of the scene of the crime with complete measurements of the relative distances items
of objects. Sketch includes scales with important dimensions at the scene being shown to a good degree of accuracy.
Sketching: refers to the process of recoding information with respect to its location, position, and measurement,
orientation and details of findings in a sketch pad through symbols, arts, and figures.
The Two (2) 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 scale of proportion. This is the basis for the finished sketch.
2.Finished Sketch: is the sketch with scale of proportion and drawn by a draftsmen which can be used for court
presentation.
Rough and finished sketch if requested by the court shall be presented by the draftsmen to clear doubts of the judge.

The Following are Reasons of Making Sketch

 To refresh the memory of the investigators.

 To express the precise location of objects and their relationship to other objects and its surroundings.
 To assist the prosecutor and the judge in understanding conditions at the crime scene.
 To supplement photographs.
 To assist in questioning of witnesses and suspects.
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The Parts of the Sketch

1. Title: It refers to the crime committed or the incident happened 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 item in the crime scene. It
includes proper measurements of distance of objects in the crime scene.
3. Compass Direction: 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 the eyewitnesses and other person in the area.
7. Name of Victim: The part of the sketch in which the name of the victim is written.
8. Name of Suspect: Refers to the part of the sketch in which the name of the suspect is written.
9. Legend: This is usually located at the bottom of the sketch outside the sketch of the scene. Numbers represent
the object in the crime scene or letters in order not to unnecessary crowd the graphic representation. Their
description is found in the legend.
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.

The Specific kinds of Sketch

1.Sketch of Locality: it deals with the vicinity of the crime scene in relation to the environment, to include
neighboring, structures, or means of access leading to the scene. 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 the room adjacent or opposite the room of the crime scene, the numbers of floors of a
building or house, the yard and the other natural structures.
3. Sketch of Details: It includes the exact location and position of the physical evidence at the crime scene. It
describes the immediate scene only like the room which the crime was committed and the details of items in the
room
4.Cross Projection :. (a.k.a. Exploded view/bird’s eye view): it also describes the immediate scene only,
specifically inside a room as the scene of the crime. The room is treated as cardboard box where the side and
cover are collapsed to the same plain as the bottom. The bottom serves as the floor, the four (4) sides representing
the walls and the cover representing the cover.
NOTE: The pieces of evidence found on the floor, walls and ceilings are depicted or drawn with respective
measurements with references points, such as bullet holes, splatters of blood and the other pertinent data.

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CHAPTER VI
CRIMINAL EVIDENCE
Definitions of Evidence
Evidence: is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a
matter of fact (Section 1, Rule 128, Rules of Court)
Evidence also refers to any material which tends to persuade the court of the court of the truth or probability of
some facts asserted before it.
Evidence is the means by which any alleged matter of fact, the truth of which is submitted to investigation, is
established or disproved.

Classes of Evidence in Criminal Investigation

1. Physical Evidence: These are physical objects used as evidence which 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.
Legally, object evidence refers to evidence made known or addressed to the senses of the court.
It is not limited to that which is known through the sense of vision but is extended to what the sense of
hearing, taste, smell and touched is perceived. This evidence is also known as autoptic or Real Evidence .

Kinds of Physical Evidence

A. Corpus Delicti : Objects/substances which are essential parts of the body of the crime.
B. Associative Evidence: Evidence which links the suspect to the crime scene or offense such as
fingerprints and shoe prints.
C. Tracing Evidence: Article which assist the investigation in locating the suspect such as ID and
other personal documents (birth certificate, diary) that may identify the person concerned.

* Circumstantial Evidence: Identification is being established indirectly by proving facts or circumstances from
which, either alone or in connection with other facts. The identity of the perpetrator can be inferred.
2. Testimonial Evidence: 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. Testimonial evidence also includes
the testimony of a physician who may be commanded to appear before a court as an ordinary witness and/or as an expert
witness

 Ordinary Witness: Any person who perceived the commission of a crime and testified before the court is just
considered as an ordinary witness. Also, a physician who testified in court on matters he perceived from his
patient in the course of physician patient relationship is considered as an ordinary witness. Under sec.30, Rule
130, Rules of the court, a witness can testify only to those facts which he knows or his own knowledge; that is
which are derived from his own perception, except as otherwise provided on these rule.

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 Expert Witness: A person is deemed as an expert witness if this testimony concerning the investigation of crime
is based on his training and experience. For example, a physician who confirmed before the court the cause of
death of the victim is considered as an expert witness.
3.Documentary Evidence: These are writings, including official records, or contents (could speak for themselves) when
read by the investigator and the court. They may be collected through voluntary relinquishment or by a Subpoena Duces
Tecum which compels the party to bring the records to the court.
The following are some examples of documentary evidence:

 Medical Certification or Report on:

Medical, Physical Examination, Necropsy (Autopsy), Laboratory, Exhumation, Birth, Death
 Medical Expert Opinion.
 Deposition: A deposition is a written record of evidence given orally and transcribed in writing in the form of
questioning by the investigator and the answer of the deponent and signed by the latter (Garcia, 2004)

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CHAPTER VII
THE COLLECTION, MARKING, TAGGING AND PRESERVING PHYSICAL EVIDENCE

A. How to collect Physical Evidence?

All items that were found in the crime scene should be collected. The collecting offices should not decide whether
a certain item is relevant or irrelevant. Small pieces of evidence must have to be given importance, thus collecting
them is necessary.
1. Blood : Blood becomes an important evidence in homicide, assaults, robberies or other cases where it may be
spilled. Blood may be categorized into major groups of A, B, AB and O depending on the condition of the
stain receipt.

Collecting of Liquid Blood

a. Use of clean, disposable pipette eyedropper for each sample collected.
b. Place the sample in a container, avoiding air space because air will cause the blood to dry.
c. If the amount of blood is minimal, collection may be made by placing the sample in a normal saline
solution (1 tablespoon salt in 1 quart of distilled water)
d. Refrigerate sample in saline solution as soon as possible
e. Do not mix areas where samples are collected.
f. Above all, avoid contaminating the samples by re- using collection tools
Collection of Dried Blood
a. On absorbent surfaces bring in the entire object or cut out the stained area and bring to the laboratory
b. On non- absorbent surfaces, scrape up the sample and place in container, or if possible submit the entire
article.
c. If sample is scrapped from the surface, also scrape a portion of the surface where no blood is present and
submit in a separate container for control in case some substance on the surface causes difficulty in tests.
Collection of wet blood on clothing
a. Do not fold the clothing as it may destroy the stain pattern
b. Do not package while the stain is still wet.
c. Allow the clothing to dry before packaging
d. Do not expose to sunlight or high temperature, as they may destroy factors which will determine blood
typing.

2. Hair : This may be found anywhere in the crime scene. It is often found on the clothing of the victim and
suspect who has come into physical contact with each other. It can be very important evidence especially in
rape cases.

Collection of Hair
a. Take sample of head hair from the top, the back and each side of the head.
b. Take by combing, pulling or cutting close to it.
c. Take at least dozen hair from each location. In rape cases, take two samples from both the victims and the
suspect. The first is taken by combing, and the second is by cutting and pulling.
d. Each of these samples should be collected in a separate containers and properly labeled.
e. Identify hair carefully as to exact location found.

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f. Do not mix hair found in several locations.
g. Place the hair in folded location and place it in an envelope in glass vial and seal.
h. Do not tape the hair to an object as it will alter the hair and destroys any debris adhering to it.
3. Fingernail Scrapping: In cases where physical contact has been made, fingernail scrapping should be
obtained. Rape cases or assault cases are good examples of cases where fingernail scrapings may be
important. Items sometimes found under the fingernails include fibers, hair, and skin which may be for its
blood group.

Collecting Fingernail
a. Clean under each fingernail with a clean fingernail file.
b. Place the scrapping from each finger on already; labelled paper with notation which finger it come from.
c. Place the scrapings in each finger in a separate envelope or glass vial.
d. Fingernail scraping should be obtained from both the suspect and the victim.
e. If the subjects hand is contaminated with container, note this on the container.

4. Fiber: fiber is excellent in tracing evidence when clothing cross contamination takes place. This is also
important evidence in robbery and hit and run cases. Fiber maybe found on clothing snagged on projections,
and even embedded with vehicle paint. Examination of fiber determines whether it is natural or synthetic
material, the color and dye used. It may be physically matched if the fragment was torn from clothing.
Threads may be examined to determine twist, number of strands and cloth weave.
Collection of Fiber
a. Treat and package fiber in the same manner as hair.
b. Be extremely careful not to cross contaminate during the collection process.
c. Collect the clothing which is considered as the source of the fiber.
d. Do not shake the items as it may dislodge the fibers.

5. Glass: Glass can be an important evidence in hit and run cases and robbery. It maybe found as tracing
evidence in clothing and shoes. Glass is usually examined to determined idf both the evidence sample and the
known standard has the same physical properties and trace elements as impurities.
Additional examinations can be made to determine from which side force was applied. Glass, broken by fire
shows a different pattern because the breaking is induced by indifferences in expansion of glass. Physical
match from the crime scene to glass found in suspects possession is good possibility.
Collection of Glass
a. Collect from each broken glass from the crime scene
b. Package them individually in glass vials or envelopes
c. In hit and run cases, collect all broken glasses to ensure the possibility of physical match, should fragments be
found on suspect’s vehicle.
6. Firearm; Firearm, bullet, shotgun pellet and wad, explosive residue and gun powder pattern can provide vital
evidence and specific answers to possible questions in the case.

Collection of Firearm
a. Firearm must be handled carefully, not only as a safety measure but to avoid disturbing any evidence they
may provide.
b. They must be properly marked for later identification.
c. Never insert anything in the barrel as it may damage the identifying characteristics and dislodge material
which may be inside the barrel.
d. Pick up the weapon by the trigger guard or checkered grip so as not to disturb any fingerprints.
e. Unload but do not wipe or clean the weapon.
f. When unloading, carefully record the location of fired, unfired and misfired cartridges.
g. Record the serial numbers description of the firearm.
h. Firearm with no serial number should be marked with initials in the receiver or the underside of the
barrel.
i. Never use “X” or other non individual type of marking.
j. Do not mark the weapon on any easily removable part such as the stock or grip.
k. Use discretion so as not to disfigure the weapon ( Montojo,2007)
Don’ts in the Collection of Firearm

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 A .Never submit a loaded gun to the laboratory, unless it is delivered in person. Unfired cartridges may be left in
the magazine of a weapon, provided the magazine is removed from the gun. A firearm with the cartridge in the
chamber should never be shipped by any method, even if the weapon is not cocked or on safety.
 Never clean the bore, chamber, or cylinder before submitting a firearm, and never attempt to fire the gun before it
is examined in the Laboratory.
 Never pick up a weapon by placing a pencil or other object in the end of the barrel.
 Record serial number, make, model, and caliber of the weapon, and mark it in some inconspicuous manner that
does not detract from its value before sending it to the Laboratory. Marking firearms is important since duplicate
serial numbers are sometimes found on different guns of the same make and general type. Do not confuse model
numbers or patent numbers with serial numbers.
 Place weapons in strong cardboard or wooden boxes, well packed, to prevent shifting of guns in transit.
 Rifles or shotguns should not be taken apart.
 If blood or any other material, which may pertain to an investigation is present on the gun, place a clean paper
around the gun and seal it with tape to prevent movement of the gun and loss of the sample during shipment.
 Never contaminate the gun for the examination of latent fingerprints on it (WPD Investigators Handbook,2006).
7.Bullet: A bullet can provide information about the make and type of ammunition and weapon from which the bullet
was fired, and whether or not it was fired from specific weapon, provided the weapon is available for the purposes.
Collection of bullet
a. Handle the bullet so as not to dislodge any extraneous materials or damage the markings.
b. If a bullet is lodged in wood or similar material, cut out the section and bring it to the laboratory.
c. At autopsies, request the use of hands or rubber tipped forceps to minimize the possibility of damage to the bullet.
d. Wrap each bullet separately in tissue in cotton to prevent damage and place in a container.
8 Cartridge Case: this can also provide vital information as to the type of weapon used, the type of ammunition, and
whether or not the case was fired in a specific weapon (if weapon is available for fire testing).
Collection of cartridge case
A .Handle cartridge cases so as not to add any scratchers or marks,
B. wrap each one separately to prevent damage.
C. Be sure to note specific locations in which each was found (montojo,2007).

CHAPTER VIII
PHASES OF CRIMINAL INVESTIGATION
PHASES/STAGES OF CRIMINAL INVESTIGATION
a. Identification of criminals
b. Tracing and locating the criminal
c. Gathering of evidence to prove the guilt of the criminal

1. IDENTIFICATION OF CRIMINALS
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METHODS OF IDENTIFYING CRIMINALS

 By confession or admission of the criminal himself

 Identification by accounts or testimonies of eyewitnesses
 Identification by circumstantial evidence
 Identification by associative evidence
 Identification by the Method of Operation (Modus Operandi)

CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime.

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

ADMISSION– is a self-incriminatory statement by the subject falling short of an acknowledgement of guilt. It is an

acknowledgement of a fact or circumstances from which guilt maybe inferred. It implicates but does not incriminate. It is
also an acknowledgement that a fact, action or circumstances are true which strongly infer or directly admit guilt but lacks
the detail of the elements of the crime.

RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION

 Confession or admission must be taken preferably in writing and under oath

 It must be written in the language known and understood by the accused, if not it must be
clearly translated
 It must be freely and voluntary given by the accused
 Under the New Constitution, it must be taken in the presence of competent and independent
counsel chosen by the accused
KINDS OF CRIMINALS IDENTIFIED BY WITNESSES
• Known criminals
• Unknown criminals
Methods of Identification by witness
• Verbal description
• Photographic files (Rogues Gallery)
• General Photograph
• Artist sketch (Composite Criminal Illustration)

The value of identification by eyewitness depends on:

• The ability to observe and remember distinct appearance of suspect;
• Prevailing condition of visibility;
• The lapse of time.
What are the procedures of identification by eyewitness?
a. Physical line-up – is a means of selecting a suspect from a group of innocent persons usually composed of seven
to ten persons. The purpose of line-up is to eliminate the power of suggestion.
b. Physical show-up – only one person is shown to the witness usually at the scene of the crime and made
immediately after the arrest of the suspect.

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CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in connection with other facts,
the identity of the person can be inferred.

What must be inferred to prove identity by circumstantial evidence?

a. Motive – is what induces the criminal to act
b. Intent –is the result or accomplishment of the act
c. Opportunity –is the physical possibility that the suspect could have committed the crime.
It could be inferred from the following:

 The suspect could have been in the vicinity of the crime scene at the time it was committed.
 Knowledge of the criminal objective.
 Absence of an alibi on the part of the criminal.

2. TRACING AND LOCATING THE CRIMINALS

INFORMANT – is a person who gives information to the police relevant to a criminal case about the activities of
criminals or syndicates.

TYPES OF INFORMANTS
a. Anonymous informant – do not wish to be identified.
b. Rival elimination informant – to eliminate competition.
c. False informant – reveals information of no consequence or value.
d. Frightened informant – motivated by anxiety.
e. Self-aggrandizing – hangs about the fringes of the criminals.
f. Mercenary informant – gives information for a price.
g. Double crosser informant – to get more information from the police.
h. Woman informant – female associate of the criminals.
i. Legitimate informant – operators of legitimate business establishments.
MOTIVES OF INFORMANTS
• Vanity
• Civic-mindedness
• Fear
• Repentance
• Avoidance of punishment
• Competition
• Revenge
• Jealousy
• Remuneration

3.GATHERING EVIDENCE

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CRIME SCENE INVESTIGATION
It is the conduct of processes, more particularly, the recognition, search, collection, handling, preservation and
documentation of physical evidence to include the identification and interview of witnesses and the arrest of suspect/s at
the crime scene.
SOCO (Scene of the Crime Operation) – Republic Act6975 as Amended by Republic Act 8551 (PNP Law). The former
law placed the Philippine National Police Crime Laboratory as an Operational Support Unit. The Crime Laboratory
established the so-called Scene of the Crime Operation (SOCO) which is field operation. This is now an innovation
because the SOCO now gathers all evidence at the crime scene and takes custody of them, marking and tagging them
which otherwise the duty of the criminal investigator before.

What Constitute a Crime Scene?

 Crime scene can be understood to include all areas in which the criminal, any possible victim and any eyewitness
move during the time the crime was committed.
 The boundaries must be established so that the entire crime scene can be effectively preserved.
 In some crimes, however, the crime scene may actually comprise several different sites.

UPON RECEIPT OF THE CRIME INCIDENT

1. The Desk Officer shall:

a. Record the date and time the report/complaint was made, the identity of the person who made the report,
place of the incident and a synopsis of the incident.
b. Inform his superior officer or the duty officer regarding the report.

2. The First Responder shall:

a. Cordon off the crime scene with whatever available materials like ropes, straws, human barricade, police
line, etc.;
b. Evacuate injured persons to the nearest hospital;
c. Prepare to take the “dying declaration” of severely injured person, if any;
d. Prevent entry/exit of persons within the cordoned area; and
e. Prepare to brief the investigator of the situation upon their arrival.

CRIME SCENE INVESTIGATION PROPER

A. Receipt of Briefing and Designation of Command Post
Command Post – an area which, is ideally located adjacent to the Crime Scene where the CSI Evidence Custodian stays
and receives the pieces of evidence turned over to him for safekeeping by the other evidence collectors.

B. Initiation of Preliminary Survey (Team Leader of CSI or SOCO)

a. Makes a general assessment of the scene;
b. Takes a cautious walk- through of the crime scene;
c. Takes down extensive note to document important factors;
d. Establishes the evidence most likely to be encountered;
e. Defines the extent of the search area;
f. Determines the personnel and equipment needed and makes specific assignments; and
g. From his assessments, he develops a general theory of the crime scene.
C. Preparation of Narrative Report

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The Team leader uses the systematic approach in making a narrative report.
D. Documentation of the Crime Scene
The photographer begins taking photographs as soon as possible. The evidence collectors do not touch or moved
any evidence once it is located until it has been identified, measured and recorded.

PHOTOGRAPHING THE CRIME SCENE

The main objective crime scene photography is to create an accurate objective visual record of the crime scene before any
item is moved as possible physical evidence.

MAJOR TYPES OF PICTORIAL VIEWS

1.General View or Long-Range – photograph of the over-all scene.
Distance: From the doorway to the room and other corners of the room
2.Mid-Range View
Distance: Eight or ten feet from the victim
3.Close-up View – every physical evidence must be photographed in close-up view and for different angles.

TYPES OF MEASUREMENTS
1. Rectangular coordinates method – a sketching method that involves measuring the distance of an object from
two fixed lines at right angles to each other.
2. Triangulation method – a sketching method that requires measuring the distance of an object along a straight
line from two widely separated fixed reference points.
3. Baseline method– a sketching method that makes measurements along from a single reference line, called a
baseline, which can be established by using a length of string, chalk line, or some other convenient means.
4. Compass point method– a sketching method that requires a protractor or some method of measuring angles
between two lines. One point is selected as the origin and a line extending from the origin becomes an axis from which the
angles can be measured.
5. Cross projection method – a sketching method in which the ceiling appears to open up like a lid of a hinged box,
with the four walls opening outward. Measurements are then indicated from a point on the floor to the wall.

CRIME SCENE SEARCH

A crime scene search could only be started after it has been photograph and sketched to systematically look for
physical evidence that may prove useful in establishing that a crime has been committed and to determine what method of
operation the perpetrator may have used.
E. Notes Taking
Note taking must be a constant activity throughout the processing of the crime scene notes must include:

 Detailed written description of the Crime Scene with locations of recovered physical
evidence;
 The time when the physical evidence was discovered;
 The person who discovered and collected the physical evidence;
 The time when evidence was packaged and marked; and
 The disposition of the item when it was collected.

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F. Collection of Physical Evidence

 The competence to recognize and properly collect physical evidence is critical to both solving
and prosecuting crimes.
 The team leader is always informed of significant evidence located. The evidence collectors
shall put his initial, location and date of collection on the item and turn it over to the evidence
custodian for documentation and safekeeping.

What are the procedures needed for the care of physical evidence?
In order to introduce physical evidence in court, three important factors must be considered:

 The article must be properly identified

 Chain of custody must be proved
 The evidence must be material and relevant

CHAIN OF CUSTODY
It is the number of persons who handled and possessed the pieces of evidence the moment they were collected,
marked and tagged, up to the time of the final disposition of the case.

G. Conduct of Final Survey

The team leader makes a final review on the crime scene to determine whether or not the processing has been
completed.

H. Release of the Crime Scene

The release of the crime scene is done if the investigator is satisfied that all pieces of evidence have been
recovered. Thus, the investigator must evaluate the items recovered from the results of the interrogations of the suspect/s
and the interview of the witnesses. He must bear in mind that upon the formal release of the crime scene to the proper
authority, the warrant is already required for his re-entry to the crime scene.

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