CHAPTER 3
omission of a party.
Three (3) Phases of Crime Investigation
 TO IDENTIFY THE SUSPECT
 TO LOCATE THE SUSPECT
 TO PROVIDE EVIDENCE OF HIS
GUILT
FIRST PHASE OF CRIMINAL
INVESTIGATION
TO IDENTIFY THE SUSPECT/S through:
Confession, as defined in Section 29, Rule
130, Rules of Court, is: “The declaration of an
accused expressly acknowledging his guilt of
the charged, may be given in evidence against
him.”
”Voluntary Confession”, for purposes of
confession, means that the accused speaks of
his free will and accord, without inducement of
any kind, and with a full and complete
knowledge of the nature and consequences of
the confession, and when the speaking is so
free from influences affecting the will of the
accused, at the time the confession was made,
that it renders it admissible in evidence against
him (Wharton’s Criminal Evidence, Sec. 631[a],
as cited in page 222, Evidence, by RJ.
Francisco).
Involuntary Confession – those confessions
obtained through, force, threat, intimidation,
duress or anything that influence the act of the
confessor. (Justice RJ Francisco Jr.)
Admission – an admission is a voluntary
acknowledgement in express terms or by
implication, by a party in interest or by another
whose statement he is legally bound, against
his interest, of the existence or truth of a fact in
dispute material to the issue.
Admission may either be express or implied.
Admission may also be classified as judicial
admission or extra judicial admission.
Express admission - is one made in express
terms in definite, certain, and unequivocal
language. Implied admissions are those who
may be inferred from the acts, declaration, or
Judicial Confession - is admission made in a
judicial proceeding. Thus, Sec 4, Rule 129, of
the Revised Rules of Court, expressly
provides:
 “An admission, verbal or written made
by a party in the course of the
proceedings in the same case does not
require proof”
 To the layman, confession and
admission are words of similar import,
but to the investigator, both have wider
spectrum and connotation. More so with
the stringent procedural safeguards
enshrine under the 1987 Constitution.
 Thus, there is an empirical need to know
the textual interpretation and
jurisprudence of section 12 (3), Art 3 of
the 1987 constitution to guide law
enforcers in the intricate arena of
investigation, which provides:
 Any confession or admission obtained in
violation of this, or section 17 hereof
shall be inadmissible as evidence
against him. Section 3 likewise,
provides:
 “No person shall be compelled to be a
witness against himself”.
 While the afore-quoted proviso evokes
myriad of questions and quizzical
eyebrows among law enforcers,
however, it would be a wrong notion to
conclude that the puts the premium on
crime and will terrorize peace officers
through fear of themselves violation the
law 5 Corpus Juris, PP. 399, 416.
 This bring to focus that the legal
requirements now are more stringent
and precise than the celebrated Miranda
Doctrine. (Miranda versus Arizona, 384
vs 436, 16 L.Ed. 2nd 694).
 It should be noted that the purpose is
not to coddle wrong doers protect the
guilty, but the constitution seeks to
redress the unequal contest between an
individual and the enormous power of
the government in search for truth and
justice which is the bedrock of civilized
society.
  At this juncture, it is of an essence to
quote the leading jurisprudence behind
the rational of the provision. In the case
of People Vs Vargas, the court ruled, the
imposition in the New Constitution of an
additional safeguard against extraction
of confession is a recognition of an
already prevalent practice in custodial
interrogation that has tarnished the
image of the police investigator, and
which is sought to be erased by the
aforesaid constitutional safeguard.
 In the latest ruling of the tribunal under
GR 69210 dated July 5, 1989, the
Supreme Court ruled that lawyers
should never prevent a person from
freely and voluntarily telling the truth.
 The court denounces in the strongest
term possible the widespread
misconception that the presence of a
lawyer under the right to counsel
provision of the Constitution is intended
to stop an accused from signing
anything which might incriminate him
the Supreme Court declared.
 In the word of Justice Hugo Gutierrez,
the right of the accused to have a lawyer
is designed to preclude the slightest
coercion that would lead the accused to
admit something false.  vitiate the free will shall be used against
 Whether it is an extra-judicial statement
or testimony in an open court, the
purpose is always the ascertainment of
the truth, the court continued.
TYPES OF CONFESSION
1. Judicial Confession or done in open
court- the plea of guilty maybe during
arraignment or at any stage of the
proceedings where the accused
changes his plea of not guilty to guilty.
2. Non-judicial confession which is so
called also out of court or EXTRA-
JUDICIAL CONFESSION. This type of
confession is inadmissible unless
corroborated by proof of corpus delicti.
The confession to be admissible, it must
be voluntary, in writing and be made
with the assistance of a counsel of his
own choice with full understanding of
the consequence of such confession.
Get separate confession for separate crimes
or offenses, this will avoid objection that the
accused is being tried for more than one
offense or that the confession for other crime
is outside the court’s jurisdiction.
EFFECT OF CONFESSION
 Maybe given in evidence against him in
the investigation or trial of the offense
with which he is charged
 Maybe given to prove the guilty of his
companions but it will pass a lot of court
argumentation and deliberation.
WHEN IS A CONFESSION INADMISSIBLE
 No person shall be compelled to be a
witness against himself. Any person
under investigation for the commission
of an offense shall have the right to be
informed of his right to remain to remain
silent and to have a competent and
independent counsel preferably of his
choice. If he cannot afford the services
of the counsel, he must be provided with
one for free.
 This right cannot be waived except in
writing and in the presence of his
counsel. No force, violence, threat or
intimidation or any other means which
him.
B. Eyewitness testimony – the ideal
identification is made by an objective person
who is familiar with the appearance of the
accused and who personally witness the
commission of the crime.
C. Circumstantial evidence - in the absence
of a confession and eyewitness, the
identification of criminal may be established
indirectly by proving other facts or
circumstances from which, either alone or in
connection with other facts, the identity of the
perpetrator can be inferred. Evidence of this
nature usually falls into the following
circumstances.
a. Motive – can be defined as some inner
drive, impulse, intention, etc., that causes a
person to do something or act in a certain way.
It may be inferred from circumstances and from
the statement of witnesses that the suspect
could have been motivated by a desire for
revenge or personal gain, or jealousy.
b. Opportunity – is a circumstance which
made it possible physically for the suspect to
commit the crime; or in other words, being in a
position to commit the offense. He must have
the access to the scene of the crime or have
been in the vicinity and have the means
available to commit the crime.
c. Intent – is the accomplishment of the act
and where it is an element in the commission
of an offense, it must always be proved. To
show the identity of the criminal, intent must
establish that the criminal is aware of the
consequences of his acts.
D. Associative evidence – the physical
evidence found at the scene of the crime
during the course of the investigation which
could link the identity of the criminal by means
of clue materials, personal property, or the
characteristic pattern of procedure deduced
from the arrangement of objects at the crime
scene.
 (Sec.1, Rule 130, Rules of Court, as
amended), explained. Object (real)
evidence or Physical evidence is the
evidence of the highest order. It speaks
more eloquently than a hundred
witnesses (People vs. Parcilla, 167
SCRA 722). This is the best form of
evidence.
 The handgun used in killing the victim is
the best evidence in a case of homicide
or murder. In a case of robbery, the
force upon things like forced entry to the
window shown by broken jealousy or the
recovered stolen articles found in the
possession of the suspect are the best
physical evidence.
E. Tracing Evidence – these are physical
evidence which may assist the investigating
officer in locating the suspect. Examples:
shipping or airlines tickets, parking fee ticket,
pawnshop receipt, shopping mall receipt,
restaurant food receipt, etc.
 Corpus Delicti Evidence – these are
objects or substances which may be
parts of the body of the crime, the body
of the victim, body of the
suspect/subject, guns, knife, slug
recovered from the cadaver during
autopsy, body fluid, blood, fingerprints,
footprints, etc.
Sworn Statement- Written Version of Interview
and Interrogation
 In almost all remarkable and
outstanding investigation reports, there
is a sworn statement among the
annexes or enclosures. A sworn
statement is such a part and parcel of
ordinary investigation, that detective
who does not know how to take
statement is only a half-cooked
investigator. A SWORN STATEMENT
MAYBE BROKEN DOWN INTO:
 The Heading. In practice, it is typed in
capital letters at the upper portion of a
sworn statement. It contains: a) the full
name, including middle name of the
person giving the statement; b) the
official designation and name of the
investigator; c) the person in the
presence of whom, if any, the statement
is given; d) the date, time and place
where the sworn statement is given. A
typical example is given below:
Example:
FREE AND VULONTARY STATEMENT OF
JUAN DELA CRUS Y SANTOS TAKEN BY
PO2 ROBERT REYES INSIDE THE
PROVINCIAL INVESTIGATION DETECTIVE
MANAGEMENT BRANCH, BULACAN PPO,
MALOLOS CITY, BULACAN THIS 20TH DAY
OF NOVEMBER 2011 AT AROUND 8:00 IN
THE MORNING IN THE PRESENCE OF PO2
ROMY DIAZ
X. … . . . . . . . . . . . . X
Note: It is usual to separate this Heading from
the rest of the sworn statement by a broken
line.
The initial Question
For the suspect, it contains warnings and
reminders of his legal rights, and a question if
he is still willing to give a free and voluntary
statement. For complainants, victim of
witnesses, the initial question merely asks if he
is willing to give a free and voluntary
statement, and if he is willing to tell the truth.
The whole truth and nothing but the truth.
Note: it is a good practice to number the
questions successively for easy reference.
During the taking of sworn statement. Here the
investigator must bear in mind the following
provisions of Article III of the Bill of Rights of
the Philippine Constitution:
 Sec. 12, (1) Any person under
investigation for the commission of an
offense shall have the right to be
informed of his right to remain silent and
to have competent and independent
lawyer preferably of his own choice. If
the person cannot afford the services of
counsel, he must be provided with one
for free. These rights cannot be waived
except in writing and in the presence of
counsel.
 (2) No torture, force, violence, threat,
intimidation, or other means which
vitiate the free will. Secret detention
places, solitary, incommunicado, or
other similar forms of detention are
prohibited.
 (3) Any confession or admission
obtained in violation of this, or section
17 hereof shall be inadmissible in court.
Section 17. No person shall be
compelled to be a witness against
himself.
 There is a big difference between an
initial question given to a suspect, and
an initial question given to a
complainant, victim, or witness. If you
are questioning a suspect, you are
investigating him for the commission of
an offense, you must inform and accord
him his right under section 17 (1) above.
 If he waives his right to remain silent by
agreeing to give a sworn statement, this
waiver must be in writing and executed
in the presence of his counsel.
Therefore, the presence of the council
must be reflected in the sworn
statement. In practice, the counsel is
requested to affix his signature on the
appropriate space of the sworn
statement to signify his concurrence
with the waiver made by his client.
Failure to observe this requirement
renders the sworn statement
inadmissible as evidence.
Republic Act 7438 approved by congress on 5
February 1992, signed by the President on
April 27, 1992, provides the following
safeguards for sworn statements containing a
confession:
 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 or in the latter’s
absence, upon a valid waiver, and in the
presence of any of the parents, elder
brothers, and sisters, his spouse, the
municipal mayor, the municipal judge,
district school supervisor, priest or
ministry of the gospel as chosen by him:
otherwise, such extra-judicial confession
shall be inadmissible as evidence in any
proceeding. (sec. 2-d)
The following are suggested initial questions to
the suspect:
Question: You are under investigation for the
commission of (here state the facts constituting
the offense). Before we ask you any questions,
you must understand your legal rights.
 You have the right to remain silent;
 Anything you say may be used as
evidence against you;
 You are entitle to the assistance of a
counsel of your own choice; an
 If you cannot afford to hire a lawyer the
government will provided you one for
free.
If you are questioning complainant, victim or
witness, the following standard question is
suggested:
QUESTION: Are you willing to give a free and
voluntary statement, and do you swear to tell
the truth, the whole truth and nothing but the
truth in this investigation?
NOW THE SITUATION IS MORE STRICT:
Before the advent of RA 7438, the failure to
warn a suspect of his rights under section 12
(1) of the Constitution would simply mean that
his sworn statement is VOID for being secured
without compliance with constitutional
requirements. In the words of the Constitution,
any sworn statement containing a confession
or admission obtained in violation of these
requirements “shall be inadmissible in
evidence” against the suspect. When RA 7438
took effect, it further tightened screws against
investigation of the suspect, for not only is the
aforesaid statement VOID, but the violations
related thereto now constitutes a crime.
WANTED LIST/WATCH LIST/TARGET LIST
1. WANTED LIST
 The wanted list is a list consisting of
person who are subjected for arrest. For
a person to include on the most wanted
list, the latter must have an issued
warrant of arrest and accused of either
organized or heinous crime.
MECHANICS FOR REMOVAL AND
DOWNGRADING OF ENTRIES FROM
WANTED LIST TO WATCH LIST
REMOVING ENTRIES FROM WANTED LIST
 A person name shall be removed from
priority list only after the warrant for his
arrest bas been served and placed
behind bars. However, same person's
name shall be placed back in the priority
list if the person has;
a) Escaped while in detention
pending the resolution of the
court case.
b) Jump bail
c) Escaped while serving sentence.
DOWNGRADING ENTRIES FROM WANTED
LIST TO WATCH LIST
 In cases where a person has been
arrested and is out on bail but is
monitored to be involved in crimes
defined in the criteria for priority list,
same person's name shall be placed
back in the priority list and placed on the
watch list.
2. WATCH LIST
 The watch list consists of persons
suspected to have committed, organized
or heinous crimes based on unverified
reports and are subject for further
monitoring, investigation and case build
up.
CRITERIA FOR INCLUSION IN THE WATCH
LIST
Persons to be included in this category are
those who have been implicated in:
a) Sworn statement of victims, witnesses,
and arrested suspect/s.
b) Tactical interrogation/debriefing reports.
c) Intelligence reports, information reports
and agent reports.
d) Signed letter complaints and
e) Other official reports
MECHANICS FOR REMOVAL AND
UPGRADING OF ENTRIES FROM WATCH
LIST TO WANTED LIST
REMOVING ENTRIES FROM WATCH LIST
TO WANTED LIST
 If upon verification a person is found to
have no involvement whatsoever, the
person’s name shall be removed from
watch list.
UPGRADING ENTRIES FROM WATCH LIST
TO WANTED LIST
 On the other hand, if found evidence to
warrant the filling of a criminal case in
court and warrant of arrest has been
issued for the person included in the
watch list, the person's name shall be
removed from the watch list and placed
in the priority list.
3. TARGET LIST
 Serve as master/reference list outlining
pertinent data on organized crime
groups/ criminal gangs. Persons to be
included in the category are those who
have been included in the PRIORITY
LIST/WATCH LIST and who are at the
same time members of organized
groups/ gangs. The purpose of this list is
to provide a consolidated reference
 containing data on organized crime
groups for operational purpose.
TWO COMPONENTS OF TARGET LIST:
 ORGANIZED CRIME GROUPS AND,
 CRIMINAL GANGS
1. ORGANIZED CRIME GROUP – a profit
motivated by a highly capable group of
persons, or an enterprise organized to
undertake widespread, regular, or long
term, large scale, high profile and
diversified criminal activities that has
high impact to the economy and national
security.
THE ESSENTIAL ELEMENTS OF AN
ORGANIZED CRIME GROUP:
1. CAPABILITY
2. ORGANIZATIONAL STRUCTURE
 Composition- highly structured and
complex
 Disposition- members have infiltrated a
vast variety of legitimate resources
 Highly profile strength
 Highly sophisticated logistical support
 Highly specialized training and
indoctrination
3. NETWORKING/CONNECTIONS
 Well-entrenched and fluid network
 Tight operating linkages and influence
with law enforcement and other
government agencies
 Initiated and maintained through bribery
and corruption public officials
4. MODUS OPERANDI
 high profile
 difficult to counter
 violence and intimidation
5. PERSONALITIES
 Attained high level of criminal
prominence, influence, and linkages not
only in their AOR but also outside of its
boundaries
6. MOTIVE
 Organizational profit and Advantage
7. NATURE AND CRIMINAL ACTIVITY
 Crimes that high profile, sensational,
large scale, diversified and have a high
impact to the economy
8. TIME, DURATION AND FREQUENCY
 Long term goals
 Regularized operations
 Widespread or transcend provincial,
regional, international political
boundaries
2. CRIMINAL GANG – a group of two (2)
or more persons who have a common
identifying sign or symbols and whose
members individually or collectively
engage in or have engaged in a pattern
of criminal activity, creating an
atmosphere of fear and intimidation
within the community or specific area
using violence and intimidation.
THE FOLLOWING ARE THE ESSENTIAL
ELEMENTS OF A CRIMINAL GANG:
1. CAPABALITY
2. ORGANIZATIONAL STRUCTURE- tend
to have less control over their members
 Composition- loose connections
of faction
 Disposition- members may have
previously petty crime experience
3. RESOURCES
 Basic criminal tools
 Minimal logistical support
 Minimum or no specific training or
indoctrination
4. NETWORKING/CONNECTIONS
 Local criminal network
 Few or no operating linkages and
influence with law enforcement or
other government agencies
5. MODUS OPERANDI
 Less Corporate- focus attention
on making money from specific
criminal activity
 Territorial- possession of turf
 Scavenger- motivated by needs
to belong to a gang
6. PERSONALITIES
 Low level of criminal prominence
 Mainly from financially/ socially
disadvantaged sector of society
7. MOTIVE
 Profit and personal advantage
8. NATURE OF CRIMINAL ACTIVITY
 Crimes committed are
perpetrated by hatred, vendetta
or for profit on a particular crime
 such as kidnapping only or
robbery
9. TIME, DURATION AND FREQUENCY
 Short term goal
 Irregular operation
 Limited to a specific area of
operation
THE SECOND PHASE OF CRIMINAL
INVESTIGATION
1. In the investigation of a certain case, a
point is reached when the investigator
sometimes finds it difficult to secure
leads through questioning of the
complainant, victim and witnesses. In
such a situation, the investigator has to
go to the field to locate the criminal or, if
he is known, to study his habits,
movements and possible accomplices
and accessories in the commission of
the crime.
TRACE AND LOCATE THE CRIMINAL
2. The second phase of crime Investigation
is concerned with locating and
apprehending the offender. This is not
only frustrating but dangerous on the
part of the investigator. Locating and
apprehending the suspect/s can be
done using informants, conducting
surveillance, and undercover
assignments.
Terminologies:
1. Surveillance- is a discreet observation
of place, persons, and vehicle for the
purpose of obtaining information
concerning the identities or activities of
subjects.
Is a clandestine form of investigation
which consists of keeping any person,
places or other physical and objects can
be closely watch but are generally
incidental to the primary interest of
seeking information about people.
2. Subject of surveillance- the person,
place or object being watch.
3. Surveillant- the person who does the
surveillance or maintain the watch.
4. Convoy- an associate of the subject
who follows the subject to detect the
surveillance.
5. Contact - any person with whom the
subject speaks, to whom he passes
article, or from whom he receives
articles.
6. Cover story – it is the changed, forging,
screening of person’s real personality,
things, events, and places.
7. Deception- it covers a wide variety of
tactics, strategy, and maneuvers by
which a state or person attempt to
mislead another generally as to its
capabilities and intentions, it is simply to
confuse the opponents about one’s
plans and purpose.
8. Made- the surveillant being recognized
as the surveillant by the subject or
convoy.
9. Lost- the subject is lost when the
surveillant do not know his/her
whereabout. The subject is lost when he
eluded arrest.
10. Fingerman- an individual who can
positively point out the subject.
11. Put the finger on- go identify a subject
by pointing him out either in person or in
photograph.
12. Penetration- an agent somehow can
get inside the target and stay there for a
considerable period to gather
intelligence information.
13. Put to bed- when the subject under
surveillant has return to his quarter and
apparently retired for the night.
14. Shadow and tail- to follow an individual
whenever he goes, on foot or vehicle.
15. Undercover- is an investigative process
in which disguises and pretext cover
and deception are used to gain the
confidence of criminal suspects for the
purpose of determining the nature and
extent of any criminal activities that
maybe contemplating or perpetrating.
OBJECTIVES OF SURVEILLANCE
a) To detect criminal activities
b) To discover the identity of persons who
frequent the establishments and
determine their relationship
c) To discern the habit of a person who
lives in or frequents the place
d) To obtain evidence of a crime or to
prevent the commission of a crime
Shadowing or Tailing – It is the act of following
a person.
Its objectives are:
 a) To detect evidence of criminal activities
b) To establish the associations of a
suspect
c) To find a wanted person
d) To protect a witness
General Personnel Qualification
3. The SURVEILLANT must be patient,
resourceful, versatile, and alert and
have self-control. He should have a
complete knowledge of the investigation
in order that he may have interest in the
action of the subject.
General Surveillance Procedure
1. IDENTIFICATION OF THE SUBJECT.
A positive investigation of the subject
should be obtained prior to the starting of
the surveillance. The best method to use is
to have the subject pointed out and allows
the surveillant to make a personal
observation. In addition, the surveillant
should secure a photograph of the subject
and his complete physical description.
2. DRESS OF SURVEILLANT.
The surveillant’s attire should harmonize
with the area or neighborhood in which the
surveillance is to be conducted. He should
not wear clothing, which is too loud or
conservative. In certain areas, it is not
uncommon for men to wear short sleeved
shirt with no coat.
 When military reservation, it should be
best to wear the appropriate uniform for
surveillance work. Care should be
exercised in wearing rank or branch
insignia other than that authorized and
compromised the remarks of an
innocent third party.
PRECAUTIONS:
1. Do not make an abrupt, unnatural
moves from doorway to doorway, from
tree to tree, or behind automobiles.
Such actions are unnecessary attract
attention.
2. Do not use theatrical disguised, false
beard and other such disguised are
impractical, hard to maintain and easily
detectable.
3. Never stare directly at the subject.
4. Never look directly at the subject’s eye.
Look slightly ahead or behind the
subject, or at his feet.
5. Do not attempt to appear too innocent. If
accosted by the subject, however, the
surveillant should normally display
indignant innocence. An attempted
explanation might serve to increase the
suspicion of the subject.
6. When in a dangerous neighbourhood,
walk near the curb and thus reduce the
possibility of attack from doorways and
alleys.
7. Exercise extreme caution in dark alleys.
8. Never speak to or appear to recognize
another surveillant unless absolutely to
accomplish the mission.
9. Inexperienced surveillant must conquer
the tendency to believe themselves
made when the subject glances in their
direction several times.
Recommended Practice
To effect slight changes of appearance to avoid
being made.
1. Wear reversible topcoat
2. Periodically alter the shapes of a snap-
brim hat
3. Wear and remove eyeglasses
periodically
4. Remove coat
5. Change the seating arrangement in the
surveillance automobile. i.e., if two
investigators are in front seat of
automobile one should move to the rear
seat, periodically he should move from
one side and back to the front seat.
6. Change automobile license plates on
surveillance automobile. If operating in a
civilian area, ensure that the change of
license plates has been cleared with
civil authorities.
7. Dim the light of the surveillance vehicle
or turn off one light by means of a
special switch. However, driving with
one light is a dangerous practice and, in
many places, it is unlawful. This
procedure should be used only when it
appears to be necessary and with the
prior approval of the proper authority.
TYPES OF SURVEILLANCE
TWO GENERAL TYPES OF SURVEILLANCE
1. Moving Surveillance- maybe referred
to as TAIL OR SHADOW. A moving
surveillance is conducted when a
 person, object or activity being watch
move from one place to another. The
surveillant may however, move from one
vantage point to another in the
immediate area.
2. Fixed Surveillance- maybe referred as
STAKE OUT. It is conducted when a
person, object or activity being watched
is not expected to move from one area.
The surveillant may, however, move
from one vantage point to another in the
immediate area.
METHOD OF SURVEILLANCE
a) Loose Surveillance
 Observation of the subject or object is
not continuous. The Surveillance
maybe discontinued if the subject
becomes suspicious or when the
services of another surveillant is
required.
b) Close Surveillance
 Continuous observation of the subject is
maintained at all times, even if the
subject appears to become suspicious
or openly accost the surveillant and
accuses him of watching or following
him.
c) Combination of Loose and Close
Surveillance
 Circumstances which usually depend
on the specific act of the subject which
necessitate a change from loose
surveillance to a close surveillance
without prior notice. The investigator
may have to make this decision even
without the benefit of instruction or
counsel.
Five (5) Techniques of Foot Surveillance
1. One-Man Surveillance.
 One investigator is used to conduct the
surveillance because it provides the
least amount of flexibility in the
surveillant, in addition to watching the
suspect should take notes, watch for
convoys, and collect evidences.
However, when the one-man technique
of surveillance if employed in a moving
surveillance there are some procedures
that the surveillant should be observed.
When carefully and sensibly performed,
the following procedures will enable the
surveillant to keep the subject in sight
for maximum period of time and with a
maximum danger of being made.
 A. Operate to the rear of the subject
when on the same side of the street.
Crowd and street condition will
determine the appropriate distance to
be maintained between the subject and
the surveillant.
 B. When the subjects turn in a corner in
a not so crowded area. The surveillant
continues in the original direction of
travel across the street. Crowd and
street conditions will determine the
appropriate distance to be maintained
between the subject and the surveillant.
 C. When the subject turns a corner in
crowded areas, the surveillant should
quickly close the distance between
himself and the subject and continue
the street corner. From that point, he
should locate the subject (using care is
not closed when turning the corner and
continue the surveillance from the side
of the street.
 D. Do not turn a corner immediately
behind the subject.
 E. When the surveillance operates
across the street from the subject
common sense will dictate whether he
remains forward, to the rear or abreast
of the subject. When a subject turns a
corner, the surveillant to observe
contacts and any buildings the subject
may enter.
 F. When the one-man technique is used
during a fixed surveillance, it is
requested that depending on
circumstances, the surveillant be
provided with binocular and a camera
with telephone lens. The vantage point
selected by the surveillant should
enable him to watch or observe the
subject’s movements and contacts with
no danger of the surveillant being seen.
2. Two-Man or “AB” Surveillance.
 1.) In the “AB” technique surveillance,
the surveillant behind the subject is
always known as “A” surveillant. “A”
flows the subject and “B” either follows
 on the same side of the street or from
across the street.
 2.) When both “A” and “B” operate on
the same side of the street as the
subject turns a corner. “B” turns the
corner behind the subject and assumed
the position of “A”. “A” now becomes
“B” and operates across the street
nearest from the subject.
 3.) When “B” operates across the
street, from “A” and the subject turns a
corner away from “B” will across the
street behind subject and take up the
“A”s position. This move should be pre-
arranged and the signal is necessary.
Should the subject cross the street
towards “B”, “B” should avoid meeting
the subject by drooping back, going into
a store, or going straight ahead.
Whenever course “B” takes, he should
try and keep “A” in sight or signaled him
soon as possible becomes his (“B”)
next move will depend on signaled
instruction from “A”.
3. Three-Man or” ABC” Surveillance
 The most common effective techniques
of foot surveillance are the” ABC”
surveillance technique. It employs three
surveillants and is intended to keep two
sides of the subject covered. “A” follows
the subject, “B” follows “A” and
concentrates on keeping “A” in sight
rather than the subject. “B” also
watches for convoys. The normal
position for “B” is behind “A”. “C”
normally operates across the street
from slightly to the rear of the subject.
 In this manner “C” techniques,
necessitated by weather, traffic, or
crowd, would have “A” behind the
subject. With both “B” and “C” following
across the street from the subject.
There are many ways in these
techniques can be successfully
employed. Three of these ways are as
follows:
 When the subject turns a corner, “A”
continues in the original direction of
tracer and signal instructions to the
other surveillance from vantage point.
He can signal either “B” or “C” to
assume the “A” signal “B” to follow
subject, “B” now becomes “A” and “C” is
then signal to assume “B” position
behind” A” and “C” takes up a position
across the street from the subject and
becomes “C”.
 When the subject turns a corner, both
“A” and “B” continues in the original
direction of travel and across the street.
“A” signal “C” to take up the “A”
position. “B” then recrosses the street
and assumed his former” B” position.
“A” assumes the “C” position.
 In a third way, “C” does the signaling.
When “C”, who is across the street from
the subject if subject is about to turn a
corner, “C” reaches the intersection of
“A” and “B” and can observe the
subject’s moves and signal instructions
to both “A” and “B”.
4. Leapfrog Surveillance.
 Two or more surveillants are used to
conduct the leapfrog technique of
surveillance. This is a variation of the
“AB” and “ABC” methods. It is simple to
execute and greatly reduces the
chances of the subject recognizing the
surveillant. Surveillant “A” follows “B”.
both surveillants operates on the same
side of the street as the subject were.
 After a variable of time or distance has
elapsed by pre-arrangement signals,
“A” falls back and allows “A” to assume
the position of “B” and “A” becomes “B”.
After another lapse of time or distance,
the surveillants resume their original
positions. They continue until the
surveillance is employed or
discontinued.
5. Progressive Surveillance
 The progressive technique of
surveillance is used when extreme
caution is mandatory. It can be
presupposed by surveillants that the
subject will resort to every method it
eludes possible surveillance. It is a slow
technique and limited to subject daily
routines. Briefly the surveillance works
in the following manner.
  A subject followed a certain distance
and the surveillance or discontinued the
time noted. The next day surveillant
picks up the subject at the time and
close when the surveillance had been
previously discontinued and follows the
subject for another short distance. This
continues day after day until the
surveillance is completed.
There are three (3) types of shadowing
employed, depending upon the objective of
the surveillance:
a) “Loose Tail” is employed when a
general impression of the subject’s
habits and associates is required.
b) “Rough Shadowing” without special
precautions may be used when the
criminal must be shadowed, and he is
aware of this fact; or where the subject
is a material witness and must be
protected from harm or other
undesirable influences.
c) “Close Tail” surveillance is one in
which extreme precautions are taken
against losing the subject.
Tactics- The subject should be kept unaware
that he is being shadowed. The investigator
should be inconspicuous. He should not be
detected looking directly at the suspect. He
should shift from left to right, never remaining
for long directly behind the subject. Both sides
of the street should be used. If the suspect
has become alerted to the tail, he should
request immediate removal from the
assignment.
Note- the investigator must maintain a note or
log containing a chronological record of the
activities of both the investigator and the
subject. The log can be used either in the
interrogation of the suspect or for purposes of
cross-examination during trial.
“Roping” or Undercover Work- It is a form of
investigation in which the investigator assumes
a different and unofficial identity (a cover story)
to obtain information. The general objective of
an undercover investigation is to obtain more
information
Arrest of Undercover Agent- If an
investigator is arrested by the police, he must
act in accordance with his orders. If he has not
received orders regarding the disclosure of his
identity in case of arrest by other law
enforcement officers, he must act according to
his judgment. In such a case, if retaining his
assumed character does not serve a useful
purpose, the investigator should refuse to
make a statement except to a member of his
own organization.
PREPARATION AND SUPERVISION OF
DISCREET SURVEILLANCE
Familiarize participating operatives with the
case
i. Use sketches, photos, and maps in the
briefing
ii. Make a physical and maps in the
briefing
iii. Anticipate contingencies that might arise
and plan what to do
iv. Ready coins for bus or jitney fare and
for making phone calls
v. Determine exits and have them covered
vi. Bear in mind the need to secure a
Search Warrant on short notice
vii. Ready materials for recording
surveillance
viii. Pre-arrange signals
ix. Maintain contact among the participant
VEHICLE SURVEILLANCE
In vehicle surveillance, the subject will move
primarily by automobile, therefore necessitating
the surveillant followed by automobile. Since
many obstacles, such as traffic conditions,
signal lights and speed restrictions will be
encountered, this type of surveillance requires,
in addition to the routinely well-prepared plan
as follows:
1. A dependable mode of transportation that
is commonly used in the area subject for
surveillance.
2. License plate on the car, which must be
identifiable as belonging to an official. They
should be of the province in which the
surveillance is being conducted.
3. A two-way radio communication system if
more than one vehicle is employed.
4. Consideration of carrying emergency
supplies, such as additional gasoline,
water, and first aid equipment.
5. Preparations for alternate of transportation
in the event that change in transportation
are required to complete the surveillance.
6. At least two surveillants in each vehicle,
one to drive and the other serves as
observer and radio operator, etc.
7. Surveillants who are able and experienced
drivers.
A. THREE (3) TECHNIQUES OF VEHICLE
SURVEILLANCE:
a) One Vehicle Technique
 This technique is conducted by one
vehicle following the subject alone
though to observe his movements and
far behind to avoid ready detection.
b) Two- Vehicle Technique
 This technique is conducted by two
vehicles to follow the subject at different
distance on the same street. This can be
carried by having one vehicle following
the subject on a parallel street while the
other is receiving radio transmitted
direction from the surveillance vehicle
which is behind the subject. This
technique is more available than the
one-vehicle technique ahead of the
subject, if the destination becomes
apparent, and set up fixed surveillance
post.
c) Four-Vehicle Technique
 The four-vehicle technique of
surveillance is conducted with four
vehicles boxing in the subject. Radio
contact is necessary among the
vehicles, when information on
surveillance vehicle is in front of the
subject, one behind, one to go left of a
parallel street, and one to his right on a
parallel street.
 This technique offers maximum flexibility
where surveillants are able to move with
the subject. In addition, if it desires to
make apprehension during the
surveillance, it may be facilitated by
blocking the street on which is travelling
and closing from rear and the sides.
This method provides means of
apprehension and lessens the possibility
of injury to bystanders. The method is
only practiced in urban areas in which
streets are parallel.
B. PRECAUTIONS:
1. Surveillance vehicle should not be
operated in conspicuous manner.
2. When conducting vehicle surveillance
on a rural road and the subject turns
into a side road do not follow, proceed
past side road consciously observe the
location of the subject. Never turn it
directly behind the subject or stare up
the road to which he will make a U-
turn, he could have suspected the
surveillant. If the subject is continuing
in new direction, the surveillance can
turn around and follow at a discreet
distance. If the subject has halted,
proceed on the signal the second
surveillance vehicle turn unto the side
road.
3. If the subject suddenly halts after being
followed a high rate of speed for some
distance, proceed past him and give-
arranged signal for the other
surveillance team to take up a position
behind the subject. the signal may
consist of several flashes of the brake
light, or radio communication
depending upon the situation. Halt as
soon as possible after passing the
subject without his attention and either
fall in behind the other surveillance
around and resume the surveillance.
4. If the subject suddenly abandons his
vehicle and boarded a bus or streetcar,
the assistant should board the carrier
at the next scheduled stop. The
surveillant’s vehicle should follow the
carrier as near as possible. Check
each stop of the carrier for the
assistance.
5. If the subject suddenly abandons his
vehicle in a rural area and disappears
into a wood area, place a staked out on
the subject’s vehicle before pursuing
too him into the woods area. The
subject might double back, retrieve his
vehicle and evade the surveillant.
C. DETECTION OF SURVEILLANCE.
The subject may use various method in
attempting to detect an automobile
surveillance, six (6) of which are listed below;
1. The subject may drive at a high rate of
speed until he reaches the crest or hill
 or curve where he will be out of the
surveillant’s sight temporarily.
2. The subject may turn around and go in
the opposite direction. In turn, the
surveillant should follow unless he has
received instruction to discontinue the
surveillance rather than discover.
3. The subject may park his car at a road
crossing at the edge of a small village
where strangle automobiles are very
possible.
4. Determine the base operation, a room,
an apartment, house or store.
5. Make a thorough caution
reconnaissance of the area of building
from which the surveillance is to be
made.
6. Obtain the necessary equipment such
as telescope or field glasses, listening
devices such as wire- tapping and
microphone, planting cameras when
necessary or sound d record devices.
REQUIREMENTS AND APPEARANCE OF A
SURVEILLANT
1. Be of average size, built and general
appearance
2. Have no noticeable peculiarities in
appearance
3. Should not wear inconspicuous jewelry or
clothing
4. Have nothing about him to attract attention
5. Have perseverance and able to wait for
hours
6. Always be alert
SYNTHESIS
Surveillance Operations are predominantly
team effort of a well- planned and carefully
executed can be of great help in an
investigation. It is not enough to know the
concepts, roles, types, and precautionary
measures in conducting surveillance, there is
also a need to develop the right attitude and
right action for the job. The activity you are
dealing with requires intricacies, one wrong
move in the way you handle the surveillance
will certainly compromise your purpose.
CLANDESTINE COMMUNICATIONS
 It the art of making contact or
communicating with the government
agent (specially between agent handlers
and action agents) and other
intelligence personnel working within the
circle of the specified mission.
 It is used for passage of directives and
information.
 It handles the movements of personnel,
as in the case of escape and evasion.
 In some cases, to handle the movement
of materials such as weapon, sabotage
supplies, radio, etc.
Note: The communication system must be
planned and operated in accordance with
requirements of the task to be done, but also in
such a way to insure proper management,
timeliness, continuity, and security.
In Clandestine Communication, the following
should be considered;
a. Nature of clandestine communication
b. Principles (higher echelon or within the
agents concerned,, sustained
communication)
c. Simplicity and flexibility and
d. Secrecy and security
MEANS OF CLANDESTINE
COMMUNICATION
A. PERSONAL COMMUNICATION
1. Personal meeting
 Car pick-up
 Hotel meeting
 Safe house meeting
 Restaurant meeting
2. Brief encounter
3. Brush pass
4. Meeting between unknown
B. CUTOUT- a person or device interposed
between to person or groups to provide
communication.
 INTERMEDIARIES- an individual who
serves as a cutout.
1. LIVE DROP (LD)- is a person in
clandestine operation who accepts
information or material from one agent and
surrenders it to another.
2. COURIER- a person who carries
information or material from one individual
in clandestine operation and give it to
another.
3. MOVING LIVE DROP (MLD)- a type of
unwitting courier, the person on whom or
whose personal effect clandestine materials
is concealed without his knowledge.
 4. ACCOMMODATION ADDRESS- this
refers to address used for misleading be
readdressing the letter from one place to
another.
C. CUT-OUT DEVISE- is a place or thing
used in the communication between two
members of clandestine organization
and is also a means of compacting one
element from another.
1. DEAD DROP (D/D)- is a place where
clandestine material may be left by one
echelon and recovered by another.
2. MOVING DEAD DROP (MDD)-
involves the use of some means of
transportation on which clandestine
information or material can be
concealed at one point and recovered at
another.
3. Foot toss
4. Car toss
5. Mail
6. Advertisement
7. Telephone
8. Telegram and radiogram
9. Radio
CASING is a reconnaissance or surveillance of
a building, place or area to determine its
suitability for intelligence use or its vulnerability
in an intelligence operation.
A. PURPOSE OF CASING
1. Operative will know the best route to get
inside.
2. Operative will know on how to conduct
himself without attracting attention.
3. Operative will know what security hazards
are in the area and how they can be avoided or
minimized.
4. Operative will know the best route to take
and to get out of the area.
B. USES OF CASING
a. Aids in the planning of an operation by
providing needed information.
b. It assists the agent handler to instill
confidence in his agent during the briefing
phase by being able to speak knowingly about
the area of operation.
c. Considered a security that offers some
degree of protection for those operating in the
area unfamiliar to them.
d. During the debriefing phase, it will aid in the
operational testing of the agent.
C. METHOD OF CASING
1. PERSONAL RECONNAISANCE- a
personal in the area is the most effective
method and will produce the most information
since you know just you are looking for.
2.MAP RECONNAISANCE- a map
reconnaissance alone may not be sufficient,
but it can produce a certain amount of usable
information. From a map, it is possible to get a
good survey of road and street network.
3. RESEARCH- such information through
research. Research normally entails a study of
unclassified sources such as local
newspapers, periodicals, public bulletin,
telephone and city directories, radio and
television broadcast, and other available
references.
4.PRIOR INFORMATION- your unit will have
on file reports from other activities within your
unit, and from other intelligence units that may
provide you with information. In addition, town
studies, geodetic survey, etc. can provide you
with valuable information.
5.HEARSAY- this type of information is usually
gained by the person operating in the area
performing the casing job. Casing should
always be done with your ears open when
visiting such places as restaurants, bars,
places of amusement and while riding on a
public transport facility. Some hearsay
information may be gained by street
questioning of the people in the area.
D. PRELIMINARY ACTION
a. Analyze the mission;
 What is the purpose of the casing?
 What are the requirements?
b. Study the available overt information.
 Examine street maps and other existing
data. Local libraries contain a wealth of
such information-but have a logical
reason for your interest.
c. Check your resources.
 Time available, transportation, technical
equipment must be considered.
d. Decide in advance what thing you are going
to look back for.
 What you are going to report.
E. COVERAGE
1.Location- pinpoint the exact location by
indicating the street address, intersections,
reference to known point or landmarks, map
coordinates, name, outstanding identifying
features, etc.
2.Characterization of the area- a general
description of the area that contains the target
site should be done.
3.Approaches to the area- consider case of
access, transportation available (by foot, bus,
cars, taxicab, etc.)
4.Special characteristics- when does the
area function normally?
5.People in the area- consider the nationality,
mode of dressing, apparent occupation,
reaction to stranger, density, speech of
language, other habits peculiar to the local
area, changes to be expected at a different
hour of the day, days of the week.
6.Security consideration in the area.
 Police, watchmen, janitors, store clerks,
others
 Alarm system available
7.Counter surveillance possibilities- (dead
end street, alley, locked exits, apparent exits
or halls ending in a cul-de-sac, special gates
or barriers)
F. DISPOSAL PLAN
The disposal plan procedures that would be
implemented for the information and material.
G. ESCAPE AND EVASION PLAN
The exit planning in the event of emergency
from the immediate or local point, the general
area and completely from the area.
H. THE CASING REPORT
1. Sketches
 Sketches are particularly valuables.
Show the scale of your sketch. Mark the
target area plainly. Tie your sketches
into the text of the report.
2. Photography
 Pictures are of great value. A picture of
every entrance/exit is an important
asset. But do not endanger your security
within the target area.
3. Commercial pictures
 Remember that commercial pictures
and post cards are often out date. Try to
draw in the changes. Indicate which
direction is north and point out
unmistakable landmarks.
4. Detail
 Try to report in such accurate detail that
the failure of any mission based on your
report cannot be due to ignorance on
the part of your agent.
OBSERVATION AND DESCRIPTION (ODEX)
DEFINITION OF TERMS:
A. OBSERVATION- is a complete and
accurate awareness by an individual of his
surrounding and encompasses the use of all
major senses to register and recognize its
operational and/or intelligence significance.
B. DESCRIPTION- is the actual and factual
reporting of one’s own observation or the
reported sensory experience recounted by
another.
Note: the only way you become aware of
anything is through your senses.
THREE (3) PSYCHOLOGICAL PROCESS
FOR ACCURATE OBSERVATION:
1. ATTENTION- consist of psychological
process involved in becoming aware of a fact.
2. PERCEPTION- consist of psychological
process involved in understanding this fact of
awareness.
Note: (smell of flower, you can guess the name
of the flower)
3. REPORT - used in two senses. Under this;
 1. The first in the psychological process
involved in identifying by name in one’s
own mind some facts which has been
perceived.
 2. Report- narrates of what you
perceived/identified.
THREE (3) TYPES OF ATTENTION:
A. INVOLUNTARY- (least reliable) – you have
no control, and it requires no effort.
Example = looking at the window of the house,
when suddenly heard a car collided with
another.
B. VOLUNTARY- this type is more reliable but
not nearly dependable as habitual.
C. HABITUAL ATTENTION - an attention
which distinguished by little effort with
maximum of control.
I. FACTORS THAT INFLUENCE ATTENTION:
1. SIZE (normal to abnormal size)
2. CHANGE (from silence to noise)
3. REPETITION
4. STRIKING QUALITY (to attract attention-
wearing clothes)
5. INTEREST (interest in some object, like
sexy woman)
6. ORGANIC CONDITION (observer should
have the excellent condition of his physical
faculties.)
II. FACTORS INVOLVED IN PERCEPTION
1. MENTAL CAPACITY- one must have
enough intelligence to understand the meaning
of a fact before he can perceive it.
Example: A child being brought to a movie
couldn’t fully understand the stories due to
his/her mental ability to understand.
2. EDUCATIONAL BACKGROUND
3. EMPIRICAL BACKROUND- one has
acquired by experience throughout his life.
4. OCCUPATIONAL BACKGROUND
III. FACTORS GOVERNING REPORTS
A. Vocabulary- word which individual finds to
express himself.
B. Time Lag- accurate reporting depends
entirely on timeliness. Delay in
reporting results in unconscious omission of
detail.
C. Recurrence of similar incidents
UNDERCOVER ASSIGNMENT
 The non-uniformed or plainclothes
investigator is in a good position to
observe illegal activities and obtain
evidence. For example, a male detective
will pretend to be a ballot vendor, buy,
and sell caw in the rural area, buy and
sell stolen goods, drugs.
 Many such activities little more than
simply” not smelling like the law.” Unlike
other form of surveillance in which a
prime objective is not to be observed.
Undercover surveillant like make
personal contact with the subject using
an assumed identity or cover.
 The objective of undercover
investigation maybe to gain a person’s
confidence or to infiltrate an
organization or group by using an
assumed role or identity and to thereby
obtain information or evidence
connecting the subject with criminal
activity.
Undercover Assignment can be designed
to:
 obtain evidence for prosecution
 obtain into criminal activities
 check the reliability of informant of
witness
 gain information about premises for use
in later conducting a raid or an arrest
 check the security of a person in a
highly sensitive position
 obtain information on or evidence
against subversive groups
PREPARATION
1. Preparation for undercover works should be
sufficiently thorough:
a) To preclude compromise
b) To minimize danger to the undercover
operative
c) To ensure the ultimate success of the
investigation
2. Undercover investigation should not be
attempted until other investigative
techniques have failed or are deemed
impractical.
3. Factors to consider before undercover
investigation is initiated:
a) The exact result desired
b) Jurisdiction
c) The importance of the investigation
d) Available planning information
e) Availability of qualified personnel
f) The equipment and preparation
necessary
g) Danger to the investigator involved
General and Specific Qualification-
Undercover work as a selective assignment
requires that the investigator possess, in
addition to certain general qualifications,
specific qualification required in the type of
investigation being conducted.
General qualifications:
i. Well-trained and experienced
ii. A calm, collected and resourceful
individual with good judgment and wit
iii. Complete self-confidence to feel
absolutely certain that he can
successfully play the part of the
character he will assume
iv. Courage and ability to meet unforeseen
situations with quick, sound decisions
v. Will-power to avoid drugs and
excessive use of intoxicants
Specific qualifications:
i. Ability to act out an assumed role
ii. Good memory in an investigation in which
no notes can be taken or reports submitted
iii. Skill adaptable to the occupation assumed
iv. Physical appearance and capabilities
consistent with his assumed operations
v. Well-grounded in the lingo and technique of
the subject’s criminal operations
vi. In special situation, the undercover
investigator should possess certain linguistic
abilities, hobbies, sports, musical talent, and
personal background for the undercover
assignment
4. Authority for undercover operations must be
from the top officer of the organization, for this
may require coordination with other agencies
5. The undercover operation must be known to
the fewest number of persons. Otherwise, the
investigation of the operative himself might be
jeopardized.
6. The background or cover story regarding
the assumed identity of the undercover
operative must be such that he can easily win
the confidence of the suspect or organization
sought to be infiltrated, and should seldom be
wholly fictitious
7. Badge and credentials must never be
carried
8. A weapon should only be carried if it is
consistent with the background story
9. Provide safe communication system
between the undercover agent and
headquarters relaying information or
instructions
10. Arrangements for drops and safe houses
be made and, if necessary, the undercover
operative himself may be placed under
surveillance
11.The undercover operative must never pose
as a criminal unless no other approach
appears adequate
12. The role of the undercover operative is to
gather information or evidence against the
suspect(s) or the organization, never to
instigate the commission of a crime
13.Plans for the operation must provide
actions or alternatives in case the undercover
operative is arrested
14.Reminders to the undercover operative:
a. Act as natural as possible
b. Do not overplay the part
c. Do not indulge in any activity which is
not in conformity with the assumed
identity
d. Do not make notes unless they are to
be mailed or passed immediately. Use
codes and never place return address in
letters and envelopes
e. Do not use intoxicants except to play
the part
f. Limit association with women to that
necessary to play the part
15. Write no notes the subject can read
16. Carry no identification other than the cover
ID
17.Ensure that any communication with
headquarters is covert
18.Do not suggest, plan, initiate or participate
in criminal activity
Tracing the Fugitive
DEFINITION OF FUGITIVE
 A person having committed a crime,
flees from jurisdiction of the court where
crime was committed or departs from
his usual place of abode and conceals
himself within the district.
 A person who, having committed a
crime in one state, has left its jurisdiction
and is found within the territory of
another when it is sought to subject him
to the criminal process of the former
state.
  In the case of Rodriguez vs. COMELEC
and MARQUERZ filing of charges prior
to flight is not always and antecedent
requirement to label one a “fugitive from
justice”. Mere commission of a crime
without charges having been filed for the
same and flight subsequent thereto
sufficiently meet the definition.
DESCRIPTION OF WANTED PERSON OR
FUGITIVE
a. Personal data and description should
include the following:
1. Name – include aliases
2. Address – present, and past if any
3. Sex – because the name may not indicate
sex
4. Complexion – brown, white, negro etc.
5. Nationality
6. Age – if unknown, make an estimate
7. Height – estimate in 2-inch blocks; for
example, 5 feet 8 inches to 5 feet to 10
inches
8. Weight – estimate in blocks of 10 pounds;
for example, 130 to 140 pounds
9. Build – large, medium, small; stocky or
stout, obese, slender, or slim
10. Posture – erect, stooped, round-
shouldered, stiff, or slim,
11. Head-shape – round, flat on top, egg-
shaped, high crown or bulging at the back
12. Hair – color of hair, thick or thin texture,
location or absence of a part, sideburns,
receding hairline, type of baldness
13. Ears – small, medium, large; shaped: oval,
round, triangular or rectangular;
close to or sticking out from the
head; lobes, if unusual shape
14. Face – describe as seen from the front;
round, square, oval, broad, long
15. Complexion – smooth, rough, fair, dark,
sun-burned, freckled, sallow, ruddy,
pale, or florid; indicate peculiarities
such as if pockmarked or pimpled
16. Forehead – sloping, receding, medium or
bulging
17. Eyebrows – arched, straight, long, short,
united, thin, thick, or bushy, plucked
or tattooed.
18. Eyes- large, medium, or small; round or
slanted, colour; peculiarities such as
squint, bloodshot, spots, protruding,
sunken, watery, glass eye, eye
bugs, piercing, dull, fixed, mobile:
glasses (include bifocals, thickness
and type of rim)
19. Nose – small, medium, large; thin or thick;
flaring or small nostrils
20. Mustache or beard – short, medium or
long; colour; thick or thin; type of beard or
sideburns
21. Lips – thick, thin, puffy; pouting, retracted
over teeth; red pale or blue; harelip or other
peculiarities
22. Mouth – describes as seen from the front;
small, medium, large; thin medium, thick
23. Teeth white, dull stained; firm, loose;
decayed; braces; broken or chipped; false or
jacket; missing; large or small; space, if
noticeable
24. Chin – normal, receding, protruding;
peculiarities such a small, large,
double, flat or cleft chin
25. Neck – short, long, straight, curved;
prominent Adam’s Apple, or other peculiarities
26. Shoulders – small, heavy narrow, broad;
square, round or stooped
b. Distinctive marks, scars, peculiarities and
mannerism
(i) Scars – size, shape, and location
(ii) Amputation and deformities – location,
artificial braces, hearing aid, etc.
(iii) Speech – slow, rapid, accent, stuttering
nasal tone, masculine (for men) or
feminine (for women), and general use
of words
(iv) Dress – neat or sloppy, flashy or
conservative type: work, sport,
business, cheap or expensive, hat
and shoes by colour and style;
suits: colour, etc,; style and
colour; ties: style and colour
(v) Jewelry – type and were worn
(vi) Perfumes or lotions used
(vii) Habits – neatness, use and forms of
tobacco, use of gum, type of
drinks and food, drug addiction,
scratching, backing, coughing,
throat-clearing, fingernail-biting,
cracking knuckles, shifting feet,
gestures
(viii) General characteristics – describe all
distinctive identifying
 characteristics: for example, loud
or unusual laughter, dead pan or
poker face, associations with
women, expressions, sports,
gambling and places frequented,
such as dance halls, movie
houses, pool parlors
c. General background – additional
information such as the following may be
included: family history, marital status,
education, employment, criminal record,
friends and associates, medical history
1. The Fugitive. Consider the following:
a) His full name and known aliases
b) Description and distinctive marks, etc.
c) Modus operandi
d) Motive
e) Associates, past and present, and
girlfriends
f) Habits and hangouts; resorts he is known to
frequent
g) Criminal record - photograph, fingerprints
(NBI record check)
h) Residence- last known and previous
locations
i) Employment - last known and previous
locations
j) Relatives - names and addresses
k) Close friends - name and addresses
l) Physical condition
m) LTO record check (verification), operators
chauffer or owner’s license
n) Social Security number
o) Selective service history
p) Handwriting specimen (for comparison
2. Alarms
a) Teletype
b) Circular
c) “Wanted” cards at various police agencies
d) Stop at local police station – accident
report, minor offenses, traffic violations, etc.
e) Stop at court – minor charge arrest
f) If a parolee, notify the Parole Board
concerned
g) If the person frequents the racetracks, notify
the authorities at the tracks
h) Notify former arresting officers
3. Other Means of Apprehension
a) Cover the mail
b) Tail his associates, relatives, or girlfriends
c) Cover the postal telegraph
d) Where relatives or close friends are known
to be in a hospital or institution, cover the
same for visits
e) If he is seaman, contact the local shipping
or marine agencies (he must have papers that
will give leads as to his whereabouts)
f) Place a stop at the Department of Foreign
Affairs, Passport and Visa Division, if you have
reason to believe that the subject will go
abroad
4. Source of Information
a) Police officers, PNP records, NBI record,
records of local police agencies, records of
other government agencies
b) Neighbourhood checks – residents and
storekeepers
c) Parole and probation officers
d) Banks – safety deposit box and cancelled
checks
e) Insurance companies
f) Public utility companies – MERALCO,
MWSS, gas station, and transportation
companies
g) Telephone company – application
information and toll charges
h) Election Board
i) Fraternal organizations
k) Veterans’ organizations
l) School records – for subjects or transfer or
his
children
m) Labour organizations
n) Laundry and dry cleaners
o) Loan organizations
p) Auto rental agencies and persons from
whom
he might have borrowed at rented a car
q) Membership in mutual benefit associations
report of accidents; other requests, etc.
r) Social service and welfare agencies
s) Department of foreign affairs – information
from previous passport(s)
t) If an alien – Commission on Immigration and
Deportation where you can get
 information on whether he is
registered and the names and
addresses of his contacts in the
Philippines
u) If a naturalized citizen – the Office of the
Solicitor General and the courts;
application contains all details on the
subject and the names and
addresses of his witnesses
v) Prison records will show his
correspondence
w) Credit houses and investigators
x) Hospital records, including his personal
physician
y) Stores were subject purchase car, food or
clothing
z) Bills for car repair, financing, insurance
aa) Employment agencies
bb) Telephone and city directories
cc) Bondsmen, when bail is forfeited
dd) Employees of the hotel where subject is
known to have been a guest – slips for phone
calls; baggage checked or shipped; walk-in
messages; guests
ee) Health Department: owner/employee of
restaurant; Licensure Department.
THIRD PHASE OF CRIME INVESTIGATION
PROVE BY EVIDENCE THE GUILT OF THE
SUSPECT/S
 In proving the guilt of the accused in
court, the fact of the existence of the
crime must be established; the suspect
must be identified and associated with
the crime scene; competent and
credible witnesses must be available;
and the physical evidence must be
approximately identified. The proof of
guilt will depend on the establishment of
the essential elements of the crime. The
investigator must know by heart the
elements of a specific crime.
 One of the primary goals of physical
evidence collection is to link the suspect
and the victim to each other, and the
suspect and or victim to the crime
scene. There can be a few problems
inherent in doing so. While the victim is
normally examined for possible
evidence as soon as practical, the
suspect may not be identified for some
time.
 The time span permits the suspect to
destroy clothing, shower or bathe, or
thoroughly clean out a vehicle used in
the crime. The longer it takes for a
suspect to be developed, the greater the
potential for evidence loss. Once again,
attention is directed to the fact that
minute evidence of the type commonly
encountered in sexual assault cases
tend to be advantageous to law
enforcement.
 Very large items, like clothing and
bedding may be thrown away or totally
destroyed, but it is very likely that some
of the small debris may still remaining
the general area where the larger
articles were handled by the suspect.
Although it is somewhat unlikely, hairs,
saliva and other small evidence also can
be dislodged and transferred to the new
clothing of the suspect. This possibility
of indirect transfer should not be
overlooked when one deals with a
suspect.
The APPROACH at the acquisition of evidence
involving the suspect will be directly influenced
by the time span problem already mentioned.
There are three main situations which are
normally encountered:
1. The suspect is developed immediately
following the commission of the crime.
2. The suspect is developed as a direct result
of having sustained injuries which warrant
medical treatment.
3. The suspect is developed a lengthy time
after the assault.
EVIDENCE
DEFINITION OF EVIDENCE:
 Evidence is the means sanction by the
rules, of ascertaining in a judicial
proceeding the truth respecting the
matter of facts. (Sec 1, Rule 129, Rules
of Court).
 Evidence also refers to any material
which tends to persuade the court of the
truth or probability of some facts
asserted before it.
  SECTION 1.Object as Evidence –
Object as evidenced are those
addressed to the senses of the court.
When an object is relevant to the fact in
issue, it may be exhibited to, examined
or viewed by the court.
Classification of Evidence in Criminal
Investigation
I. Physical or Object Evidence – this refers
to an object used as evidence which
obtained through crime scene search.
Any article or object found during crime
scene search or crime investigation
which could link the identity of the
suspect is known as “Physical or Object
Evidence”. Object evidence refers to
evidence made known or addressed to
the senses of the court.
 It is not limited to what is known through
the sense of the vision, but it is
extended to what the sense of hearing,
taste, smell and touched is perceived.
This is also known as Autoptic or Real
Evidence.
 Object Evidence does not refer to the
perception of the witness and a
recollection of the perception. It is not a
reconstruction of past events as related
by a witness on the stand. Real or
object evidence is not a verbal
description of something.
 Object or real evidence is exactly what
is name suggests. It is the real thing
itself like the knife used to slash the
victim’s throat, the ring actually stolen by
the suspect, the bullet extracted from
the victim’s chest, or the blood
splattered on the wall of the room where
the victim was found. Meaning, it
consists tangible things, like gun, a
broken glass, a piece of bloody clothing.
 Object evidence could provide a
dramatic end to a case. In one
sensational American double murder
case committed in 1994 involving the
football great, O.J. Simpson, the court
allowed the prosecution to have the
accused Simpson try on a glove which
the prosecution claimed to have been
left by the murderer in the crime scene.
 After a few breathless moments, gasps
from the audience broke the silence in
the courtroom when the glove did not fit
the hand of the accused. During the oral
arguments before the jury, the defense
repeatedly chanted an argument that
proved powerful and effective: “If it
doesn’t fit you must acquit!” O.J.
Simpson was acquitted.
 Physical evidence is a mute but
eloquent, manifestation of truth, and it
ranks high in our hierarchy of
trustworthy evidence – where physical
evidence runs counter to the testimonial
evidence, the physical evidence should
prevail (Bank of the Philippine Islands v.
Reyes, 544 SCRA 206).
Requisites for the Admissibility of Object
Evidence
1. The admissibility of object or real evidence,
like any other evidence, require that the object
be both relevant and competent. To be
relevant, the evidence must have a relationship
to the fact in issue. To be competent, it must
not be excluded by the rules or by law. The
legal basis of this requirement is Sec. 3 of Rule
128: Evidence is admissible when it is relevant
to the issue and is not excluded by the law or
these rules.
2. For the object not to be excluded by the
Rules, the same must pass the test of
authentication. The threshold foundation for
real evidence is its being authenticated. Is it
the real thing? In other words, is it the actual
object it is claimed to be?
3. To authenticate the object, there must be
someone who should identify the object to be
the actual thing involved in the litigation. This
someone is the witness. An object evidenced,
being inanimate, cannot speak for itself. It
cannot present itself to the court as an exhibit.
4. It must be emphasized that every evidence,
whether it be a document or an object, needs a
witness.
The following are the types of evidence
according to the investigator’s point of view:
a) Corpus Delicti Evidence – it refers to the
object or substance which may be part of the
body of the crime. Example: body the victim,
suspect, weapon, blood stains, body fluids,
fingerprints, discarded evidence
b) Associative Evidence – these are physical
evidence which link to a person to a crime.
The perpetrator may leave some clues at the
scene of the crime, such as weapon, tools,
fingerprint, foot impression, fibers, broken
glass from car involved in a hit and run
incident.
c) Tracing Evidence – physical evidence
which may help or assist the investigating
officer in locating the suspect. Example: plane
ticket, pawnshop ticked, soil/mud found on the
car wheel, restaurant receipt, parking ticket,
etc.
II. Testimonial Evidence – the product or
outcome of the interview and interrogation
from which the witness touch, smell, taste and
hear is being asserted during investigation or
questioning. Testimonial evidence includes the
testimony of the physicians or the doctors in
courts as ordinary witness or expert witness;
A. OPINION OF ORDINARY WITNESS SEC.
50. OF RULE 130, RULES OF COURT
The opinion of a witness for which proper
basis is given, may be received in evidence
regarding
a. The identity of a person about whom he has
adequate knowledge;
b. A handwriting with which he has sufficient
familiarity; and
c. The mental sanity of a person with whom he
is sufficiently acquainted.
The witness may also testify on his
impressions of the emotion, behaviour,
condition, or appearance of a person.
B. OPINION OF EXPERT WITNESS: SEC. 49
OF RULE 130, provides that the opinion of a
witness on a matter requiring special
knowledge, skill, experience or training which
h is shown to possess maybe be received in
evidence.
III. Documentary Evidence (Rule 130, Rules of
Court)
Meaning of Documentary Evidence (document
as evidence)
 Another category of evidence is
documentary evidence. Documents, as
evidence, do not exclusively refer to
writings. They may refer to any other
material like objects if it contains letter,
words, numbers, figures, symbols or
other modes of written expression and
offered as a proof of their contents.
There therefore, two categories of documents
as evidence, namely:
a. Writings; or
b. Any other material containing modes
of written expressions.
FUNDAMENTAL CLASSIFICATION OF
CASES:
Cases in crime investigation are fundamentally
classified into “HOT and COLD” The distinction
is important in interviewing witness and in
interrogating the suspects.
1. A “HOT CASE” – is one where the violation
of law or regulation has just been discovered
and the suspect and the witness to the case
are still emotionally affected, upset or involved.
2. A “COLD CASE” is a dormant case where
the witness and the suspect have had the
luxury of ample time to mull over the
ramification of the case and to put up their
respective alibi or defense or other forms of
subjective impression of the case. It is useful to
bear this distinction in mind so that in HOT
case an investigator should lose no time in
taking the statement.
EVIDENCE OBTAINED FROM MECHANICAL
ACTS:
 Mechanical Acts are human actions
which do not involve the use of mental
processes.
 They are admissible in evidence as
they do not violate the rights of the
accused against self-incrimination. The
police can force the accused to do the
mechanical acts without incurring
liability.
Examples:
1. Physical examination of the suspect
2. The accused could be required to stand up
in
court for purposes of identification
3. To appear at the scene of the crime
4. To put on a blouse to see to it if it fits him
5. To put a handkerchief over his face
6. To stand up and remove his eyeglasses
7. To remove his shirt and coat to permit the
court to see scars on his body
8. To exhibit his both hands and arms to show
tattoo marks thereof which previous witness
has
sworn they were.
9. To discharge prohibited drugs from his
mouth
10. To submit to a face shaving and his cut for
purposes of identification
11.To submit to a scientific test for alcoholic
examination
12. To remove any article which denies that
opportunity for observation which
commonly existed for those coming
in contact with him such as his hat,
or article or dress hiding face.
13. To allow the taking of any portion of
substance from his body
14.To be fingerprinted and photographed and
measured
15. To be paraffin tested
16. To submit to police line-up
17. To submit to drug test

EVIDENCE OBTAINED FROM MENTAL

ACTS:
 Mental act is any human action which
requires the use or application of
mental faculties or processes to make
the specific act.
 They are inadmissible in evidence if
obtained through coercion or
compulsion as it violates his right
against self-incrimination. However, if
there is a valid waiver of his right, it is
admissible in evidence, examples;

1. Ordering a person to write in order to get his

handwriting specimen
2. Ordering a person to speak and answer
questions
3. Submitting a person to lie detector
examination test and answer questions
4. In the re-enactment of the crime at the
scene by ordering the accused to demonstrate
how he committed the crime and
5. Taking the dictation for the purpose of
detecting his participation in a crime.
CHAPTER 4
CRIME SCENE INVESTIGATION
INTRODUCTION
The main objective of Crime Scene
Investigation is to help establish the nature of a
crime incident and to identify the responsible
person. This is done by carefully documenting
the conditions at the crime scene and
recognizing all relevant physical evidence. The
competence to recognize and properly collect
physical evidence is often critical to both
solving and prosecuting crimes, especially
those involving violent acts.
 It is no exaggeration to say that in most
cases, the police officer who protects
and searches a crime scene plays a
vital role in determining whether
physical evidence will be used in solving
or prosecuting crimes.
 Despite the biased portrayal of movie
and television programs on police
investigation, scene of the crime
operation (soco) is a difficult and time-
consuming law enforcement activity.
Indeed, there is no substitute for a
methodical and deliberate approach in a
scene of the crime operation response.
 A crime investigation team must not leap
to an immediate conclusion as to what
happened based upon inadequate
information, but must generate different
theories of the crime, keeping the ones
that are not eliminated by incoming
information at the crime scene.
Reasonable inferences about what
happened are produced from the crime
scene appearance and information from
witness/es. These theories will help
guide the crime scene investigator to
document specific conditions and
recognize valuable evidence.
 Documenting crime scene conditions
can include immediately recording
transient details, such as lighting
(on/off), drapes (open/close), whether
furniture moved by medical teams.
Certain types of evidence, such as shoe
prints or gunshot residue, are fragile and
if not collected immediately, can easily
destroy or lost. The scope of
investigation also extends to
considerations of arguments which
might be generated in this case
(suicide / self-defense) and
documenting conditions which would
support or refute this argument.
 In addition, it is important to be able to
recognize what should be present at a
scene but is not (victim’s vehicle / wallet)
and objects which appear to be out of
place (Ski Mask) or might have been left
by the assailant. It is also important to
determine the full extent of a crime
scene. A crime scene is not merely the
immediate area where a body is located,
or an assailant concentrated his
activities but can also encompass a
vehicle and access or escape routes.
 Although there are common items which
are frequently collected as evidence
(fingerprints, shoe prints, or blood
stains) literally any object can be
physical evidence. Anything which can
be used to connect a victim to a suspect
or suspect to a victim or crime scene is
relevant physical evidence. Using the
“shopping list” approach (collecting all
bloodstains, hairs or shoeprints) will
probably not result in recognizing the
best evidence. For example, collecting
bloodstains under the victim’s body or
shoeprints from the emergency
personnel will rarely answer important
questions.
 Conversely, a single matchstick (not
usually mentioned as physical evidence)
Recovered on the floor near a victim’s
body can be excellent physical evidence
since it can be directly tied to a
matchbook found in a suspect’s pocket.
 Since a weapon or burglar tool is easy
recognized as significant physical
evidence, it is frequently destroyed by
the perpetrator. Sometimes the only
remaining evidence is microscopic
evidence consisting of hairs, or other
small traces the assailant unknowingly
leaves behind or takes with him.
Although this evidence is effectively
collected when the clothing of the victim
or suspect is taken, protocols (involving
 tape lifts) should be in place to process
nude bodies so as not to lose this fragile
evidence.
 Crime scene processing is very crucial
part in the investigation of crime incident
since it is where an investigator
establishes the case and where
potential evidence can be recovered
that can connect the suspect to the
crime. Physical evidence does not lie
and can remain forever. It can stand
alone as evidence that only needs a
skilled and diligent investigator to locate
and collect it. Most of the evidence on a
crime is found at the crime scene.
CRIME SCENE RESPONSE GUIDELINES
 There are certain personnel duties and
responsibilities which are necessary in
almost any major search operation.
Those enumerated in these guidelines
concentrate on the ones which are
typically crucial to ensure that search
efforts are conducted in an organized
and methodical fashion. It is important to
note it may not be feasible to have one
person assigned to each duty. It is
relatively common for one person to
accomplish two or more duties.
 For all positions, interest and attitude of
personnel are paramount concerns.
Training and experience will only be
used to best potential when team
members possess a positive attitude.
This human side of evidence response
teams is significant due to the long
hours and attention to detail often
required of personnel.
THE SCENE OF THE CRIME OPERATION
(SOCO) TEAM
 Basically, the mission of the SOCO team
focuses on the preservation of a crime
scene for the proper collection, handling
and custody of specimen evidence
retrieved from the scene of the crime.
This is followed by the methodical
segregation of collected pieces of
evidence and submission to the
concerned technical division for proper
evaluation or examination. Composition
as well corresponding duties and
responsibilities of a team are set forth as
follows:
A. TEAM LEADER
1. Assume control of the crime (by receiving
the crime scene from the local investigator).
Ensure the safety of the personnel as well as
the victims and offenders caught in the scene
and secure the crime scene from kibitzers.
2. Conduct initial survey of the crime scene for
evaluating potential evidence and narrative
description of the place.
3. Determine search pattern to be used and
designate assignments to evidence gatherers.
4. Designate command post in or near the
crime scene and insure exchange of
information between searcher and investigator.
5. Coordinate with other law enforcement
agencies for the security of the victims,
offenders or suspects and the scene of the
crime.
6. Ensure that sufficient supplies and
equipment are made available for personnel
involved in operation.
7. Control access to the scene and designate
personnel to log persons entering the place
and remove kibitzer from the area.
8. Continuously re-evaluate efficiency of the
search and ensure that all places are searched
properly.
9. Release the crime to the investigator
handling the case.
B. PHOTOGRAPHER AND PHOTOGRAPHIC
LOG RECORDER
1. Photograph the entire area of the crime
scene with over all medium and close-
up coverage using appropriate scale.
2. Photograph victims, suspects or
offenders arrested in the area.
3. Photograph all evidence before
collection.
4. Photograph all latent prints impression
before lifting/casting is made. Likewise,
photograph blueprints, maps and other
items.
5. Prepare photographic logs and
photographic sketch
C. SKETCHER
 Sketches are prepared to indicate exact
location of objects and its relationship to
each other and other objects at the
crime scene. It is useful in questioning
 of suspects and witnesses as well as in
the writing of investigative reports.
 Sketches are excellent companions to
photograph. Where photographs
provide exact details, sketches offer
accurate information about the
placement of objects, and they show
relationship and distances between
things.
Things to consider in preparing a crime scene
rough sketch:
i. Must present the exact
measurement and information about
the placement of objects.
ii. Must be oriented to the north or
show the direction of the north.
iii. Must indicate an accurate
measurement of objects and location
of physical evidence.
iv. Must use the one of the commonly
known types of measurement either
English or American.
v. Must always use fixed point or object
as reference point.
vi. Must indicate the tag or evidence
designated number on the sketch.
vii. Must contains the following
information: case number, crime
committed, time and date it was
prepared, location of the crime
scene, rank and name
investigator, name of victim, rank,
name and signature of sketcher,
name and signature of witnesses.
viii. The finish sketch will be prepared at
the office for court presentation.
ix. Use the universally recommended
symbols.
Note: While preparing the sketch, the
sketcher should stay in one place.
1. MAIN TYPE OF CRIME SCENE SKETCH
a. Rough Sketch
 A rough sketch is drawn free hand by
the sketcher at the crime scene.
Changes should not be made to it after
the sketcher has left the scene. This
sketch will not normally be drawn to
scale, but will indicate accurate
distances, dimensions, and relative
proportions.
b. Smooth/ Finish Sketch
 A smooth or finish sketch is one that is
finished and is frequently drawn to scale
from the information provided in the
rough sketch. If a sketch is drawn to
scale, the numbers concerning the
distances can be eliminated. However, if
the sketch is not drawn to scale, the
distances need to be shown.
2. RECOMMENDED LEGEND SYMBOLS
3. TYPES OF CRIME SCENE SKETCH
a. Location/ Neighbourhood sketch
 It is used to document important items
within a large scene involving a large
tract of land and/or many buildings. The
sketch can show the location of
evidence and its relationship to the
overall scene, the relationship of each
building to one another, the location of
of major vegetation, fences street signs,
path of egress used by the suspects, the
location of witnesses in relation to the
scene. It’s up to the discretion of
investigator what should be included or
excluded in the sketch.
b. Floor plan/ bird’s eye view
 Is the simplest and most common one
used in diagramming crime scene. It
may be used in nearly all crime scene
situation where the items of interest are
in one plane. It is also the easiest for lay
people such jury members/judges to
comprehend.
c. Exploded sketch/ Cross projection
sketch
 Is the sketch that uses the combination
of the floor plan and the four elevation
views (the walls) of a room. The walls
and ceiling are drawn as if they are
folded out with the ceiling placed on one
 of the walls. The purpose of this type of
sketch is to show points of interest on
the walls, ceiling, and floor.
d. Elevation sketch
 The elevation sketch depicts a side,
front, or rear of the exterior of a
structure or one of the interior walls in a
room used when the vertical, rather than
horizontal plane is of interest. Thus, if
bloodstains were present on a wall of
the house, the elevation drawing of the
wall would be used to depict this scene.
4. TYPE OF MEASUREMENTS
a. Triangulation Method
 An object is located by drawing two
straight lines from two fixed points
creating a triangle; the object is in angle
formed by the line. The triangulation
method
b. Coordinate/ Angular method
 This method uses two walls in a room
as fixed points, from which distances
are measured at right angles. The
baseline could be a wall or drawn as a
mathematical centre of a room.
c. Base line method
 A straight line is established from one
fixed point to another fixed point. Using
one end of the line as a starting point,
an object can be located by measuring
along either side of the baseline at a
right angle to the object.
d. Compass point method
 A protractor is used to measure the
angle between two lines. One point
along a wall is selected as the origin. An
axis line drawn from the origin is the line
from which the angle is measured.
e. Grid method
 Starting at a known permanent
reference point at the scene, a
measurement of predetermined
increments is marked off horizontally
and vertically. On each horizontal and
vertical increment, a line or string is laid
so that the scene resembles many small
squares. When a piece of evidence is
found, it is recorded to the nearest
increment from the reference point. A
measurement from the increment to the
evidence is taken Elevation Sketch
D. EVIDENCE RECORDER/ CUSTODIAN
1. Prepare evidence recovery log and
accomplish chain of custody of
evidence.
2. Conduct packaging, preservation, and
transportation of collected evidence to
the crime laboratory.
3. Coordinate evidence nomenclature with
sketcher and evidence gatherer.
4. Receive and record all evidence
recovered.
5. Maintain custody and control of
evidence.
6. Observe the proper custody of
evidence.
7. Coordinate transmittal of evidence to
case investigators, or to crime
laboratory, per agency guidelines.
E. EVIDENCE RECOVERY PERSONNEL
1. Have significant evidence photographed
before it is collected.
2. Keep team leader always apprised of
significant evidence located.
3. Initial and date all evidence turns it over
to the evidence recorder/custodian, after
noting where the items was located.
4. Coordinate evidence nomenclature with
evidence recorder or custodian and
sketcher.
5. Ensure that appropriate safety
measures are adhere to, especially with
respect to proper clothing, including
gloves.
ORGANIZATION AND PROCEDURE FOR
CRIME SCENE SEARCH OPERATION
Preparation
1. Evaluate the current ramifications of
crime scene searches (e.g. obtaining of
search warrants).
2. Discuss upcoming search with involved
personnel before arrival at scene, if
possible.
3. Select when feasible person-in charge
prior to the arrival at the scene.
4. Consider the safety and comport of
search personnel – do not be caught
 unprepared when encountering a
potentially dangerous scene inclement
weather.
Examples are:
 Clothing
 Communication
 lighting assistance
 shelter
5. Organize communication with services
of an ancillary nature (e.g., medical
examiner, prosecuting attorney) in order
that question which surface during the
crime scene search maybe resolved.
Take steps to organize command post
headquarters for communication,
decision making, etc., in
major/complicated investigations.
BASIC STAGE IN CRIME SCENE SEARCH
I. Approaching the crime search crime
II. Securing and protecting the crime scene
III. Initiating preliminary survey or
determine scene boundaries
IV. Evaluating physical evidence
possibilities
V. Preparing narrative description
VI. Depicting scene photographically
VII. Acquire diagram or sketch of crime
scene
VIII. Conducting detailed search or record
and collecting physical evidence
IX. Conducting final survey
I. Approaching the Crime Scene
1. Be alert for discarded evidence
2. Make pertinent notes as to possible
approach/escape routes
II. Securing and Protecting Crime Scene
1. Take control on the scene upon arrival
2. Determine the extent to which the scene has
thus far been protected
3. Ensure adequate scene security
4. Obtain information from personnel who have
entered the crime scene and have knowledge
relative to its original conditions. Document
who has been at the scene.
5. Take extensive notes. Do not rely on
memory.
6. Keep out unauthorized personnel. Begin
recording who enters and leaves.
III. Initiate Preliminary Survey
1. The survey is an organizational stage to
plan for the e tire search.
2. A cautious walk-through of the scene is
accomplished.
3. The person-in-charge maintains definite
administrative and emotional control.
4. Select appropriate narrative description
technique
5. Acquire preliminary photograph
6. Delineate extent of the search area.
Usually, it is advisable to expand the
initial perimeter.
7. Organize method procedures need to
recognize special problem areas.
8. Determine personnel and equipment
needs. Make specific assignment.
9. Identify and protect transient physical
evidence.
10. Develop and general theory of the crime
scene.
11. Make extensive notes to document the
scene, physical and environmental
conditions, movement of personnel, etc.
12. As regards vehicles, get the license
plate number, position of key, odometer
reading, gearshift position and the
amount of fuel tank. Check also whether
the lights are on or off.
IV. Evaluating Physical Evidence
Possibilities
1. Based upon what is known from the
preliminary survey, determine what
evidence is likely to be present.
2. Concentrate on the most transient
evidence and work to the least transient.
3. Focus first on the easily accessible
areas in open view and progress
eventually to possible out-of-view
locations.
4. Look for purposely hidden items.
5. Consider whether the evidence appears
to have been moved inadvertently.
6. Evaluate whether or not the scene and
evidence appear intentionally “contrive”.
V. Preparing Narrative Description
1. The purpose of this step is to provide a
running narrative of the conditions at the
scene of the crime. Consider what
 should be present at a scene (e.g.
victim’s purse or vehicle) and is not
observed and what is out of place. (e.g.,
mask)
2. Represent scene in a general to specific
scheme. Consider situational factor:
lights on/off, heat on/off newspapers on
driveways/ in house, drapes, pulled
open or shut.
3. Do not permit narrative report to
degenerate into a sporadic and
unorganized attempt to recover physical
evidence. In most circumstances, is
recommended that the evidence should
not be collected at this point.
4. Methods of narrative – written, audio,
video.
VI. Photographing the Crime Scene
1. Begin photography as soon as possible.
Plan before photographing
2. Document the photographic effort with a
photographic log
3. Ensure that a progression of overall.
Medium and close-up views of the
scene is established
4. Use a recognized scale device for size
determination when applicable
5. Photograph evidence in place before its
collection and packaging
6. Be observant of and photograph areas
adjacent to the crime scene; point of
entry, exits, windows, attics, etc.
7. Consider feasibility of aerial
photography
8. Photograph items, places to corroborate
the statements of witnesses, victims and
suspects
9. Take photograph from eye level, when
feasible to represent scene as it would
be observed by normal view
10. Do not hesitate to photograph
something which no appropriate
significance now. It may later prove to
be a key element in the investigation
11. Prior to lifting latent fingerprints,
photograph should take (use
appropriate scale)
VII. Preparing the Diagram/Sketch of the
Crime Scene
1. The diagram establishes the permanent
record of items, conditions, distance and
size, relationship. Diagram supplement
photograph
2. A rough sketch drawn at the scene and
is used as a model for a finished sketch
3. Typical data on rough sketch:
a. Specific location
b. Date
c. Time
d. Case identifier
e. Preparer
f. Weather condition
g. Lathing condition
h. Scale
i. Compass orientation
j. Evidence
k. Measurements
l. Key or legend
4. The number of designation n on the
sketch can be coordinated with same
number of designations on the evidence
log in many instances
5. General progression of sketches;
a. Lay out the basic perimeter
b. Set forth the fixed objects,
furniture etc.
c. Record the position of the evince
d. Record appropriate measurement
e. Set forth the key/legend, compass
orientation, etc.
VIII. Conducting A Detailed Search and
Record and Collecting Physical Evidence
1. Accomplish the search based on
previous evaluation of evidence
possibilities.
2. Conduct the search in a general manner
and to the specifics regarding evidence
items.
3. Use of specialized search patters (e. g.
grid, strip, double strip, wheel method,
zone or quadrant method) are
recommended when possible.
4. Photograph all items before collection
and enter notation in the photographic
log.
5. Mark evidence location on the diagram/
sketch.
6. Complete the evidence log with
appropriate notations for each item of
evidence.
 7. Ensure that the evidence or the
container of evidence is initialed by the
investigator collecting the evidence.
8. Do not handled evidence excessively
after recovery.
9. Seal all the evidence containers at the
crime scene.
10. Do not guess on packaging
requirements. Different types of
evidence can necessitate different
containers.
11. Do not forget entrance and exit areas at
the scene for potential evidence.
12. Be sure to obtain appropriate known
standards (e.g., fiber sample from
carpet)
13. Constantly check the paper works,
packaging notations, and other pertinent
recording of information for possible
errors which may cause confusion or
problems later.
14. Four (4) basic premises:
 The best search options are
typically the most difficult and
time consuming.
 You cannot over-document the
physical evidence.
 There is only one chance to
perform the job properly.
 There are two basic search
approaches, in this order.
A “cautious” search of visible areas, taking
steps to avoid evidence loss or contamination.
After the “cautious” search, a vigorous search
for hidden/concealed areas.
COLLECTING, MARKING, TAGGING AND
PRESERVING OF EVIDENCE
During crime scene processing, it is important
that the investigating officer is knowledgeable
on the proper collection and handling of
evidence.
A. Collection of liquid substance/blood
a. Use a clean, disposable pipette or
eyedropper for each samples 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 best made by placing the
sample in a normal saline solution (1
tablespoon halt in 1 quart of distilled
water).
d. Refrigerate sample in saline solution as
soon as possible.
e. Do not mixed areas where samples are
collected.
B. Collection of Dried Blood
a. On absorbent surface bring in the entire
object or cut out the strained area and
bring to the laboratory.
b. On non-absorbent surface, scrap up the
sample and place in a container, or
possible submit the entire article.
c. If sample is scraped from the surface,
also scrap 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.
C. 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 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
CRIME SCENE SEARCH
General Guidelines
 The precise search pattern used is
immaterial as long as the search is
systematic and covers the entire area.
Assigning two (2) officers to search the
same area greatly increases the
possibility of discovering evidence.
Finding evidence is no reason to stop a
search. Continue searching until the
entire area is covered.
 A successful crime scene search
locates, identifies and preserves all
evidence present.
Evidence found at a scene assists in re-
creating a crime in much the same way that
bricks, properly placed results in constructing a
building. A meticulous, properly conducted
search usually results in the discovery of
evidence. The security measure taken by the
first officer at the scene determine whether
evidence is discovered intact or after it has
been altered or destroyed. During a search, do
not change or contaminate physical evidence
in any way, or it will be declared inadmissible.
Maintain the chain of custody of evidence from
the initial discovery to the time of the trial.
A. First to be observed before the searching
start:
1. Determine what type of searching patterns is
most appropriate to the crime scene.
2. Determine the number of searching team
and members of the searching team.
3. Mark/tags position of physical evidence with
designated evidence number.
1. The Quadrant or Zone method – In this
method, one searcher is assigned to a
quadrant then each quadrant is cut into
another set of quadrants.
2. Strip method – In this method, the area is
blocked out in the form of a rectangular. The
searcher proceeds slowly at the same place
along path 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. At
the end of the rectangle, the searcher turns
and proceeds along new lanes.
3. Grid or Double Strip method – this method
is a modification of strip search method. Here,
the rectangle is traversed first, parallel to the
base, then parallel to the side.
4. Spiral method – in this method, the
searchers follow each other along the path of a
spiral beginning on the outside and spiraling in
towards the center or vice versa.
5. Wheel method – this method of search, the
area is considered to be approximately circular.
The searchers gather at the center and
proceed outward along the radius or spokes.
The procedure should be repeated several
times depending on the size of the circle and
the number of searchers.
Disadvantages of the wheel search method
1. Great increase in the area
2. Possibility of evidence
contamination.
Conducting the Final Survey
1. This survey is a critical review of all
aspects of the search.
2. Discuss the search jointly with all
personnel for completeness.
3. Double check documentation to detect
inadvertent errors.
4. Check to ensure all evidence is
accounted for before departing the
scene.
5. Ensure that all the pieces of equipment
used in the search are gathered.
6. Make sure that possible hiding places
with difficult access have not been
overlook in the detailed search.
7. Critical issues: have you gone far
enough in the search for evidence,
documented all essential things, and
made no assumptions which may prove
to be incorrect in the future.
 Release is accomplished only after
completion of the final survey.
 At a minimum, documentation should be
made of:
 Time and date of release
 To whom released
 By whom released
 Ensure that an appropriate inventory
has been provided as necessary,
considering the legal requirements, to
the person to whom the scene is
released.
 Once the scene has been formally
released, re-entry may require a
warrant.
 Only the person in-charge should have
the authority to release the scene. This
precept should be known and adhered
to by all personnel.
 Consider the need to have certain
specialists serve the scene before it is
released (e.g., blood pattern analyst and
medical examiner).
Transmittal of Evidence to Crime
Laboratory
Proper handling of physical evidence is
necessary to obtain the maximum possible
information upon which scientific examination
shall be based. The chain of custody of
evidence must be properly always observed.
The following are principles that should be
observed in handling all types of evidence:

1. The evidence should reach the
laboratory in same condition as when it
was found, as much as possible.
2. The quantity of specimen should be
adequate. Even with the best equipment
available, good results cannot be
obtained from insufficient specimen.
3. Keep each specimen separate from
others so there will be no intermingling
or mixing of known and unknown
materials. Wrap and seal in individual
packages when necessary
4. Mark or label each of evidence for
positive identification as the evidence
taken from particular location in
connection with the crime under
investigation.
5. Submit a known or standard specimen
for comparison purposes.
6. The chain of custody of evidence must
be maintained. Any break in this chain of
custody may make the material
inadmissible as evidence in court.
INVESTIGATIVE REPORT WRITING
The purpose of this subject is to equip the
participants/ students with the basic knowledge
and skills in writing police investigative reports.
With the influx of different communication
gadgets, police report writers find difficulty in
expressing their thoughts clearly for proper
comprehension. While spoken and printed
words exist as the two basic tools of
communication, a well-written investigation
report remains to be a problem in the different
units.
Definition of Terms
a. Investigative Reporting – is an
objective statement of the investigator’s
findings, it is an official record of
information relevant to the investigation
which the investigator submits to his/her
superior.
b. Communication – the use of language,
spoken or written to exchange ideas or
transfer information. The transfer of
information or ideas from one person to
another includes the transmission and
receipt of a message to affect some type
of action or change.
c. Report – is a detailed account of an
event, situation, etc., usually based on
observation or inquiry.
d. Report Writing – is a communication
that lends itself to a useful tool for
people in a free society to express their
thoughts and ideas and to obtain what
they need or want.
e. Reporting – is knowingly passing along
information to someone else.
f. Fact – is anything which either through
careful observation or investigation, has
been proven to exist as to have
happened.
g. Note Taking – is defined as a brief
notation concerning specific events that
are recorded while fresh in your mind
and used to prepare a report.
h. Chronological Order – is the
arrangement of events and/or actions in
order by the time of their occurrence.
IMPORTANCE OF INVESTIGATIVE
REPORTING
a. It serves as records for police
administrators in planning, directing, and
organizing the unit’s duties
b. Reports can be used as legal
documents in the prosecution of
criminals.
c. Reports can be used by other agencies.
d. Reports can be useful to local media
which need access to public documents.
e. The author of a report should also
consider that his/her (written) work is
reflective of his personality.
f. Reports can be a basis for research.
PREPARATIONS NEEDED IN REPORT
WRITING
a. Review and Organize notes
b. Draw an outline in chronological
sequence – should answer the 5W’s and
1H
c. Review for completeness
d. Actual writing of the report
CRITERIA
a. It must be grammatically correct.
b. Abbreviation must be used appropriately
and correct.
 c. The report should avoid slang,
colloquialism, or unnecessary technical
terms.
Requisites of a Good Investigation Report
1. Accuracy – The report should be a true
representation of the facts to the best of
the investigator’s ability. Information
both favorable and unfavorable to the
suspect should be included. Information
should be verified by statements of
other witnesses and by reference to
official records or to other reliable
sources.
2. Completeness – The question of
“when, who, what, where why and
how?” should be answered. The
elements of the crime should be
established, and the additional facts
developed should tend to prove these
elements. The report should be
documented by appending important
statements/letters, findings of other
agencies, and laboratory reports.
3. Brevity – Irrelevant or unnecessary
materials should be omitted.
4. Fairness – The investigator should take
the facts as he finds them, and if ever
ha has theories, it must be consistent
with these facts.
5. Form and Style – The arrangement of
the materials presented should be in a
manner which will make the report easy
to read. Form includes proper
paragraphing, underscoring,
capitalization and heading. The report
should be written in the third person, the
investigator referring to him/herself as
“the investigator.”
6. Clarity – The language and format of a
report are simple and to the point.
7. Specific – Use of specific words that
bring the reader close to first-hand
experience.
8. Timeliness – Completion of a report
promptly.
Supervision of Reports
A. Assure good reports
1. The Chief must sincerely want good
reports
2. Standards of good reporting must be set
up so that all will know what is expected
of them.
3. Systems of spot-checking must be set
up to make sure that corrections are
being made and to assure uniformity.
B. Protect the reputation of the department
and its officers.
1. Good reports reflect favorably on the
officers preparing them and on the
department they represent.
2. Good reports help refute false charges
against officers and the department they
represent.
C. Methods of supervision.
1. Tickler system – this system assures a
regular check on each pending case
and is filed behind the officer’s name in
the card index box.
2. Assignment record – this should show
the cases assigned to each officer and
should include a record of reports
submitted.
3. All reports should be read and signed
by the supervisory official –it is best
to have a rule that no report can be filed
until approved by the supervisor.
Different Types of Report
1. Police Blotter – is a record or log of
daily events occurring within the
territories/jurisdiction of a given police
unit or command. It contains material
details concerning the event for legal
and statistical purposes, it is also where
all types of operations and undercover
dispatched shall be recorded containing
the five Ws (WHO, WHAT, WHERE,
WHEN, and WHY) and one H (HOW) of
an information.
2. Spot Report – this refers to an
immediate initial investigative or incident
report addressed to Higher
Headquarters pertaining to the
commission of the crime, occurrence of
natural or man-made disaster or
unusual incidents involving loss of lives
and damage of properties.
3. Progress Report – it is an accounting
of the actions or series of actions
undertaken in relation to an on- going
investigation of a case. It includes
 updates and or recently discovered
facts, data, evidence recovered, result
of forensic examinations which would
shed further light into case and
determine the next courses of action to
be taken.
4. Special Report – Special reports are
done either because one feels he has
some reporting to do or a lower police
unit or office is obligated based on the
directives or an instruction from the
higher police offices.
5. Final Report – Is a thorough, in-depth
and lengthy account regarding an
investigation into an incident or case as
mandated by higher authorities to
establish a determination of the truth
and or how far it could be determined
based on the facts and circumstances
with the appropriate recommendation for
the proper course/s of action/s to be
made.
6. Investigation Report – is considered
internal communication, and it should be
addressed to the chief or head of a
police office. Investigation report is
complete when it answers the six
interrogatives of police report writing-
the 5W’s and 1H. It also provides in
brief, the sworn statements executed by
the individuals having an interest in the
case being investigated.
7. Flash Alarm – Is an account relative to
the commission of a crime or incident
filed by a complaining witness or victim
to the Police citing the date, time, place,
possible motive of the
commission/occurrence, how it was
perpetrated, and other details relative to
incident.
8. Investigator’s Notes – Recording Note:
The data of the investigation should be
recorded in a complete, accurate and
legible fashion so that in the event
another investigator is required to
assume responsibility for the
investigation, he can make intelligent
use of the notebook.
9. Case referral report – It serves as
endorsement to the Prosecutors Office
of the case being brought by the
investigating officer before their
(Prosecutor) attention for appropriate
action (either for inquest or regular
filing). When the particular case is
already referred to the Prosecutor the
investigation of the case terminates and
the jurisdiction over the case already
resides with the Prosecutor in-charged.
10. Referral notes – Used to inscribe
incidents, cases and other important
events that transpire during his/her tour
of duty.
11. Coordination Report – a report which
is used as a means of formal
coordination to be made by the
investigating agency with the police unit
or military unit having operational
jurisdiction over the place where a
police case operation shall be
conducted.
12. Turn Over of Crime Scene – procedure
done by first responders to the
investigator/s in charge.
13. Turn Over of the Physical Evidence –
procedure done by investigator/s on
case to the SOCO team.
14. After Case Hearing Report (during trial)
15. After Case Hearing Report (during
promulgation)
16. Case Folder – complete copy of
investigative documents in a particular
case.
17. Special Report in Civilian Letter Format
18. Forensic request Form
ARREST, SEARCH AND SEIZURES
I. ARREST
a. Definition of arrest. (Rule 113, Sec. 1
Rules on Criminal Procedure) – Arrest is the
taking of a person into custody in order that he
may be bound to answer for the commission of
an offense.
All arrests should be made only based on a
valid warrant of arrest issued by a competent
authority, except in instances where the law
allows warrantless arrest.
Warrant of Arrest - is an order in writing
issued in the name of the People of the
Philippines, signed by a judge and directed to
peace officer, commanding him to arrest a
person and bring him before the court.
Rights of a person under arrest or Custodial
investigation:
You are now under arrest/custodial
investigation for ______. You have the right to
remain silent and to have a competent and
independent counsel of your own choice, and if
you cannot afford the services of the lawyer,
one shall be provided for free by the
government. Any statement made by you
during investigation may be used for or against
you in any Court of Law of the Philippines.
(These rights cannot be waived except in
writing and in the presence of a counsel)
b. Arrest how made (Sec. 2) – An arrest is
made by an actual restraint of a person to be
arrested, or by his submission to the custody of
the person making the arrest.
No violence or unnecessary force shall be
used in making an arrest. The person arrested
shall not be subject to a greater restraint than
is necessary for his detention.
c. Making the Arrest.
a. Use good judgment in connection with
the arrest.
b. Assume that the subject is armed and
will take your life if given opportunity
1.Arrest on the street.
This should be made from the side or rear of
the person to be arrested when possible.
a. Suspect should be forced toward the
building.
b. Avoid congested area when possible.
2. Arrest at Home, Office, or Business
Establishment.
a. Restrict the subject’s movement. Do not
grant request for personal privileges
before being search.
b. Clothing and other things requested
should be examine for weapons or item
of evidence before turning them over to
the subject.
c. Duty of arresting officer(Sec. 3) – It shall
be the duty of the officer executing the
warrant to arrest the accused and
deliver him to the nearest police station
or jail without unnecessary delay.
3. The person arrested, with or without warrant,
shall be informed of his constitutional right to
remain silent and that any statement he might
make could be used against him. He shall have
the right to communicate with his lawyer or his
immediate family. It shall be the responsibility
of the arresting officer to see to it that this is
accomplished.
4. A person arrested without a warrant shall be
immediately brought to the proper police
station for investigation without necessary
delay and within the time prescribed in Art. 125
of the Revised Penal Code, as amended (i.e.
12, 18, or 36, as the case may be), shall
subjected to inquest proceeding under Section
7, Rule 112 of the 2000 Rules of Criminal
Procedure.
5. No torture, force, violence, threat,
intimidation or any other means which vitiate
the free will shall be used against an arrested
person. The bringing of arrested persons to
secret detention places, solidarity confinement
(incommunicado) or other forms of detention is
prohibited.
6. If the person arrested without a warrant
waives his right under the provisions of Article
125 of the Revised Penal Code the arresting
officer shall ensure he shall sign a waiver of
detention in the presence of his counsel of
choice. If the person arrested waives his right
against self-incrimination and opts to give his
statement, the arresting officer shall ensure
that the waiver shall be made in writing and
signed by the person arrested in the presence
of counsel of his own choice or a competent
and independent counsel provided by the
government.
7. When transporting the suspect/s to the
police station, be sure that no weapon/s are
retained in their persons that could be used
against the arresting officer, regardless of if the
person arrested is a noted criminal or not. It is
also a must that the arrested person/s be
handcuffed to prevent violence.
d. Execution of warrant. (Sec. 4) – The head
of the office to whom the warrant of arrest was
delivered for execution shall cause the warrant
to be executed within ten (10) days from its
receipt. Within ten (10) days after the
expiration of the period, the officer to whom it
was assigned for execution shall make a report
to the judge who issued the warrant. In case of
his failure to execute the warrant, he shall state
the reason, therefore.
e. Arrest without warrant; when lawful (Sec.
5) – A peace officer or a private person may,
without a warrant, arrest a person:
1. When, in his presence, the person to be
arrested has committed, is actually committing,
or is attempting to commit an offense;
2. When an offense has just been committed
and he has probable cause to believe based
on personal knowledge of facts or
circumstances that the person to be arrested
has committed it; and
3. When the person to be arrested is a prisoner
who has escaped from a penal establishment
or place where he is serving final judgment or
is temporarily confined while his case is
pending or has escaped while being
transferred from one confinement to another.
In cases falling under paragraphs (a) and (b)
above, the person arrested without a warrant
shall be forthwith delivered to the nearest
police station or jail and shall be proceeded
against in accordance with section 7 of Rule
112.
f. Time of making arrest (Sec. 6) – An arrest
may be made on any day and at any time of
the day or night.
g. Method of arrest by officer by virtue of
warrant.(Sec.7) – When making an arrest by
virtue of a warrant, the officer shall inform the
person to be arrested of the cause of the arrest
and the fact that a warrant has been issued for
his arrest, except when he flees or forcibly
resists before the officer has opportunity to so
inform him, or when the giving of such
information will imperil the arrest. The officer
need not have the warrant in his possession at
the time of the arrest but after the arrest, if the
person arrested so requires, the warrant shall
be shown to him as soon as practicable.
h. Method of arrest by officer without
warrant (Sec. 8) – When making an arrest
without a warrant, the officer shall inform the
person to be arrested of his authority and the
cause of the arrest, unless the latter is either
engaged in the commission of an offense, is
pursued immediately after its commission, has
escaped, flees, or forcibly resists before the
officer has opportunity to so inform him, or
when the giving of such information will imperil
the arrest.
i. Method of arrest by private person (Sec.
9) – When making an arrest, a private person
shall inform the person to be arrested of the
intention to arrest him and the case of the
arrest, unless the latter is either engaged in the
commission of an offense, is pursued
immediately after its commission, or has
escaped, flees, or forcibly resists before the
person making the arrest has opportunity to so
inform him, or when the giving of such
information will imperil the arrest.
j. Officer may summon assistance (Sec.10)
– An officer making a lawful arrest may orally
summon as many persons as he deems
necessary to assist him in effecting the arrest.
Every person so summoned by an officer shall
assist him in effecting the arrest when he can
render such assistance without detriment to
himself.
k. Right of officer to break into building or
enclosure (Sec.11) – An officer, in order to
make an arrest either by virtue of a warrant, or
without a warrant as provided in section 5, may
break into any building or enclosure where the
person to be arrested is or is reasonably
believed to be, if he is refused admittance
thereto, after announcing his authority and
purpose.
l. Right to break out from building or
enclosure (Sec. 12)- Whenever an officer has
entered the building or enclosure in
accordance with the preceding section, he may
break out there from when necessary to
liberate himself.
m. Arrest after escape or rescue (Sec. 13) –
If a person lawfully arrested escapes or is
rescued, any person may immediately pursue
or retake him without a warrant at any time and
in any place within the Philippines.
n. Right of attorney or relative to visit
person arrested (Sec. 14) – Any member of
the Philippine Bar shall, at the request of the
person arrested or of acting in his behalf, have
the right to visit and confer privately with such
person in the jail or any other place of custody
at any hour of the day or night. Subject to
reasonable regulations, a relative of the person
arrested can also exercise the same right.
o. Arrest of Minors (RA 9344 Juvenile
Justice Act of 2005) – If it has been
determined that the child taking into custody is
fifteen (15) years old or below, the authority
which will have an initial contact with the child
has the duty to immediately release the child to
the custody of his/her parents or guardian, or in
the absence thereof, the children nearest
relative. Sais authority shall give notice to the
local social welfare and development officer. It
the parents, guardians’ or nearest relatives
cannot be located, or if they refused to take
custody, the child may be released to any of
the following:
I. Duly registered non-government and
religious organization.
II. A barangay official or a member of the
Barangay Council for the Protection of
Children (BCPC).
III. A local social welfare and development
officer.
IV. Department of Social Welfare and
Development.
p. Detention and bodily Search of Minor – A
child in conflict with the law shall only be
searched by a law enforcement officer of the
same gender and shall not be locked up in a
detention cell. However, if detention is
necessary, the arresting officer shall ensure
that the child shall be secured in quarters
separate form that of the opposite sex and
adult offenders.
II. SEARCH AND SEIZURE
a. Search – is an examination of an
individual’s person, house papers or
effects, or other buildings and premises
to discover contrabands or some
evidence of guilt to be used in the
prosecution of a criminal action.
b. Seizure – is the confiscation of personal
property by virtue of a search warrant
issued for the purpose.
c. Search warrant defined (Sec.1) -
signed by a judge and directed to a
peace officer, commanding him to
search for personal property described
therein and bring it before the court.
d. Court where application for search
warrant shall be filed (Sec.2) – An
application for search warrant shall be
filed with the following:
1. Any court within whose territorial
jurisdiction a crime was committed.
2. For compelling reasons stated in
the application, any court within the
judicial region where the crime was
committed if the place of the
commission of the crime is known,
or any court within the judicial
region where the warrant shall be
enforced.
However, if the criminal action has already
been filed, the application shall only be made
in the court where the criminal action is
pending.
e. Application of Search Warrant - All
application for search warrant shall be
approved for filling by the Chief of
Police. The application shall indicate the
following data:
1. Office applying for Search Warrant.
2. Name of officer applicant;
3. Name of subject, if known
4. Address/place(s) to be search;
5. Specific statement of things/articles to
be seized; and
6. Sketch of the place to be searched.
f. Personal property to be seized
(Sec.3)- A search warrant may be
issued for the search and seizure of
personal property:
1. Subject of the offense;
2. Stolen or embezzled and other
proceeds, or fruits of the offense;
3. Used or intended to be used as
the means of committing an
offense.
g. Requisites for issuing search warrant
(Sec.4) – A search warrant shall not
issue except upon probable cause in
connection with one specific offense to
be determined personally by the judge
after examination under oath or
affirmation of the complainant and the
witness he may produce, and
particularly describing the place to be
searched and the things to be seized
which may be anywhere in the
Philippines.
h. Examination of complainant; record
(Sec.5) – The judge must, before
issuing the warrant, personally examine
in the form of searching questions and
answers, in writing and under oath, the
complainant and the witnesses he may
produce on facts personally known to
them and attach to the record their
sworn statements, together with the
affidavits submitted.
i. Issuance and form of search warrant
(Sec.6) – If the judge is satisfied of the
existence of facts upon which the
application is based or that there is
probable cause to believe that they
exist, he shall issue the warrant, which
must be substantially in the form
prescribed by these Rules.
j. Right to break door or window to
effect search (Sec.7) – The officer, if
refused admittance to the place of
directed search after giving notice of his
purpose and authority, may break open
any outer or inner door or window of a
house or any part of a house or anything
therein to execute the warrant to liberate
himself or any person lawfully aiding him
when unlawfully detained therein.
k. Search of house, room, or premises
to be made in presence of two
witnesses (Sec.8) – No search of a
house, room, or any other premises
shall be made except in the presence of
the lawful occupant thereof or any
member of his family or in the absence
of the latter, two witnesses of sufficient
age and discretion residing in the same
locality. chan robles virtual law library
l. Time of making search (Sec.9) – The
warrant must direct that it be served in
the day time, unless the affidavit asserts
that the property is on the person or in
the place ordered to be searched, in
which case a direction may be inserted
that it be served at any time of the day
or night.
m. Validity of search warrant (Sec.10) – A
search warrant shall be valid for ten (10)
days from its date. Thereafter, it shall be
void.
 If in the implementation of the
search warrant, its object or
purpose cannot be accomplished
in one day, the search can be
continued the following day, or
days, until completed provided it
is still within the ten (10) day
validity period of the search
warrant.
 It the object or purpose of the
search warrant cannot be
accomplished within the ten (10)
day validity period, the
responsible police officer
conducting the search must file,
before the issuing court, an
application for the extension of
the validity period of said search
warrant.
n. Receipt for the property seize (Sec.
11) – The officer seizing the property
under the warrant must give a detailed
receipt for the same to the lawful
occupant of the premises in whose
presence the search and seizure were
made, or in the absence of such
occupant, must, in the presence of at
least two witnesses of sufficient age and
discretion residing in the same locality,
leave a receipt in the place in which he
found the seized property.
o. Delivery of property and inventory
thereof to court; return and
proceedings thereon (Sec.12)
1. The officer must forthwith deliver the
property seized to the judge who
issued the warrant, together with a
true inventory thereof duly verified
under oath.
2. Ten (10) days after issuance of the
search warrant, the issuing judge
shall ascertain if the return has been
made, and if none, shall summon the
person to whom the warrant was
issued and require him to explain
why no return was made. If the
return has been made, the judge
shall ascertain whether section 11 of
this Rule has been complied with
and shall require that the property
seized be delivered to him. The
judge shall see to it that subsection
(a) hereof has been complied with.
3. The return on the search warrant
shall be filed and kept by the
custodian of the log book on search
warrants who shall enter therein the
date of the return, the result, and
other actions of the judge. A violation
of this section shall constitute
contempt of court.
p. Search incident to lawful arrest
(Sec.13) – A person lawfully arrested
may be searched for dangerous
 weapons or anything which may have
been used or constitute proof in the
commission of an offense without a
search warrant.
q. Motion to quash a search warrant or
to suppress evidence; where to file
(Sec.14) – A motion to quash a search
warrant and/or to suppress evidence
obtained thereby may be filed in and
acted upon only by the court where the
action has been instituted. If no criminal
action has been instituted, the motion
may be filed in and resolved by the court
that issued search warrant. However, if
such court failed to resolve the motion
and a criminal case is subsequently filed
in another court, the motion shall be
resolved by the latter court
r. Lawful Warrantless Searches and
Seizures (Sec 9 Rule 17 POP) -
Warrantless Searches and Seizures are
lawful under any of the following
circumstances:
1. When there is consent or waiver. To
be valid waiver, the rights must exist,
the owner must be aware of such
right, and he must have the intention
to relinquish it.
2. When evidence to be seized is in
“plain view”. The discovery of this
evidence must be inadvertent or
unintentional.
3. Custom search and searches made
at airports/seaports in order to collect
duties. This warrantless search is
allowed due to urgency.
4. Search on moving vehicles be made
without a warrant because it would
be impracticable to secure a warrant
before engaging in “hot pursuit”.
5. Routine searches made at or in the
interest of national security, such as
border checks or checkpoints.
6. Stop-and-search or stop-and-frisk,
where the search precedes the
arrest, and is allowed on the grounds
of reasonable suspicious.
7. Search incidental to a lawful arrest. A
person lawfully arrested may be
searched for dangerous weapons or
anything which may be used as
proof of the omission of an offense,
without a search warrant.
It should be noted that the arrest must precede
the search. The search is limited to body
search and to that point within reach or control
of the person arrested, or that which may
furnish him with the means of committing
violence or of escaping or search for evidence
to destroy it.
1. Search of Vessels – Search of vessels
and aircrafts because of their mobility
and the relative ease in fleeing the
state’s jurisdiction.
2. Emergency or Exigent
Circumstances – A search could be
validly dispensed with in cases of
exigent of emergency situation, and the
police officers have reasonable ground
to believe that the crime was being
committed, and they have no
opportunity to apply for search warrant
from the courts because the latter were
closed.
TESTIMONY OF WITNESSES
Witness Processing for Testimonial
Evidence
A. Definition of Terms:
1. Witness – any person who possess
information or knowledge of the crime
being investigated.
2. Interview – simple questioning of a
person who have knowledge of a crime
but was not involved therein.
3. Interrogation – forceful questioning of a
person who possess knowledge of a
crime but reluctant to divulge the said
information to the authority.
4. Elicitation – process of taking
information from the subject without his
knowledge.
5. Dying Declaration – declaration made
by a person who is conscious of his
impending death where his death is the
subject of the investigation.
6. Custodial Investigation – investigation
conducted by law enforcement officer
after a person has been arrested or
deprived freedom of action. It includes
invitation to a person who is being
investigated in connection with an
offense.
 7. Miranda Doctrine – a principle on the required to take statement of the person who is
right of the suspect from force self- about to die, and this is commonly known as a
incrimination during police interrogation DYING DEDLACARATION. This dying
as enshrined in the 1987 Philippine declaration is admissible in court as evidence
Constitution, Bills of Right (Art 3 Sec. against the accused if the statement is based
12) on the victim’s personal knowledge and is
made under a belief of immediate impending
Witness Processing for Testimonial death.
Evidence Procedure
1. Initial Interview Therefore, the victim must know the
a. Interview of witness at the crime scene circumstances under which he or she received
and conduct dying declaration of the the injury and must be convinced that he is
victim if necessary. dying for it. The court permit the investigator or
b. Conduct of elicitation on the witnesses any peace officer who hears or took the
and suspects. statement of the victim to testify to such
c. Background check of both the victim statement (this is an exception to the hearsay
and the suspect. rule) because of the belief that a person who is
2. Structured and Unstructured Interview about to die never lies.
(interrogation)
a. Suspects are brought to station for DYING DECLARATION – (sec. 37, Rule 130)
interrogation – is the declaration of a person made under the
b. Taking of admission/confession of the consciousness of an impending death, maybe
suspect in the presence on his counsel. received in any case wherein his death is the
c. Suspects are being inform of his subject of inquiry, as evidence as the cause
Constitutional right or the Miranda and surrounding circumstances of such death.
Doctrine. The following are the rights of Dying declaration is a statement made by the
the accused under custodial victim of homicide and is admitted on the
investigation which the investigator must theory that a man who is convinced that he is
inform the suspect in the dialect kwon to going to die is not in a condition to invent a
him. story to prejudice the accused.
1. The right to remain silent
2. The right to a counsel of his own
choice. If he cannot afford one, he
will be provided with a counsel free
of charge.
3. The right to be inform of such right.
  3. Taking of sworn statement
a. Taking of the dying declaration of the
victim at the crime scene or while being
brought at the hospital.
b. Preparation of the affidavit of arrest of
the responding police officer, complaint
sheet, case referral sheet and pieces of
evidence.
c. Preparation of other documentary
requirements to be forwarded to other
law enforcement offices as a
prerequisite for filling in court.
DYING DECLARATION
Introduction
It is indispensable sometimes that the
investigating officer or any peace officer is