REVIEW NOTES ON FUNDAMENTAL OF CRIMINAL INVESTIGATION

1.CRIMINAL INVESTIGATION DEFINED

 It is an art which deals with the identity and location of the offender and provides
evidence of his guilt through criminal proceedings.in as much as it is not a science
,it is not governed by rigid rules or laws but most often it is governed by
intuition ,felicity of inspiration and to a minor extent by chance.(Hand book of
criminal investigation by Cirilotradio)
 An investigation is a patient ,step by step inquiry or observation ,a careful
examination ,a recording of evidence or legal inquiry .the word investigate is
derived from the latin word vestigare ,meaning to track or trace ,a derivation
easily related to police investigation.
 A criminal investigation is the process of
discovering ,collecting,preparing,identifying and presenting evidence to determine
what happened and who is responsible.
 Criminal investigation is a reconstructive process that uses deductive reasoning ,a
logical process in which a conclusion follows from specific facts .Based on the
specific pieces of evidence , ,investigators establish proof that a suspect is
guilty of an offense .for example ,finding the suspect’s watch at the scene of a
burglary is one piece of evidence that supports the premise that the suspect was at
the scene .An issue that might arise is whether the watch could have been planted
there. Investigators need to anticipate what issues might arise and what evidence is
needed to support the prosecutor ‘case .all issues in dispute must be supported by
evidence .the more evidence an investigator yields ,the stronger the proof of
guilt.Equally important ,However ,is evidence innocence.

2. CRIMINAL INVESTIGATOR
 A criminal investigator is a person who is charged with the duty of carrying on the
objective of criminal investigation ,i.e.to identify and locate the guilty and
provide evidence of his guilt.(hand book of criminal investigation by Cirilotradio)
 He is the skill person who is charged with the duty of conducting criminal
investigation when a crime is committed (the art of criminal investigation and
detection by Atty Rodolfo M.Garcia)

3.OTHER TERMS DEFINED

a. Criminal offender
 In its criminological sense
Refers to any rational individual who commits an anti social act that is detrimental
to the society.
 In its strict legal sense
Refers to a person who committed an act punishable by existing criminal law and was
tried and convicted of final judgment by a competent court.
 In its legal definition investigations of crime and suspected criminals
It refers to any person finally convicted by a competent court in violating of
criminal law.
b. Criminalistic- refers to specialists in recording,identifying and interpreting the
minutiae (minute details) of physical evidence.
c. Criminalist- (Aka crime scene technician, examiner or investigator) searches
for,collectsand preserve physical evidence in investigation of crime and suspected
criminal.Criminalistic is a branch of forensic science,which is broader field
encompassing the application of science to the law .Forensic science involves
applying scientific processes to solve legal problems,most notably within the
context of the criminal justice system.
d. Crime –is an act In violation of penal law and an offense against the state .the
broader use of the term includes both felonies and misdemeanors .A crime is a
violation of public right or law .it is an act or omission forbidden by law and
punishable bya fine ,imprisonment or even death ,this contrast with torts or private
harms.
e. A felony- is a serious crime graver than a misdemeanor ,it is generally punishable
by death or imprisonment of more than 1 year in a penitentiary.
 f. A misdemeanor –is a crime or offense that is less serious than a felony and is
punishable by a fine or imprisonment of as long as 1 year in an institution other
than a penitentiary.
g. Criminalstatute - is a legislative act relating to a crime and its punishment
h. Ordinance –is an act of legislative body of a municipality or county relating to all
rules governing the municipality or county ,including misdemeanors

4.FORMS OF INVESTIGATION
6 MAJOR TYPES
1. Formal investigation
 Refers to official inquiry conducted by a government agency in an effort to uncover
facts and determine truth
 It is usually considered as some form of inquiry concerning of criminal activity
 It is typically done by law enforcement agencies to discover facts concerning
criminal activity
2. Inquest
 It is an effort to search the basic cause of an accident such as the commission of
the crime
 It is used to describe a form of judicial inquiry
 Frequently associated with investigation conducted by public prosecutor to determine
if legal ground exist in filing a criminal complaint against a person.
 The examination conducted by a medico legal officer as requested by the police
investigator or the prosecutors for the purpose of determining the cause of death.
3. Inquisition
 A more historical description than a current usage to describe any pending
investigation concerning religious issue.
4. Probe-
 Similar to formal investigation ,is an extensive ,searching inquiry conducted by a
government agency.
 It is often associated with committees usually in the form of legislative inquiries
5. Research
 It is the most employed type of investigation refers to the careful .patient
investigations done by scientist or scholars in their efforts to identify original
sources of data or causes of problem.
6. Investigative reporting
It is a recent type of investigation pursued by the member of the press on their own
initiative .it is designed for two purposes
a. To attract readers
b. To get the root problems

5. WHAT IS THE EXCEPTION TO THE GENERAL RULE THAT A CRIMINAL INVESTIGATION IS NOT A
SCIENCE BUT AN ART.
The exception to the general rule ,perhaps is the 1987 constitution which states among
other things,that an arrested person under custodial investigation is afforded with the
three constitutional rights ,such as.
a. The right to remain silent
b. The right to counsel
c. The right to be informed of the nature and the cause of accusation

6.WHAT IS THE LEGAL CONSEQUENCE IF AN ARRESTED PERSON UNDER CUSTODIAL INVESTIGATION IS

DEPRIVED OF THE AFORESTATED CONSTITUTIONAL RIGHTS.
Any testimony or statement taken from the arrested person who is deprived of the three
constitutional rights would be inadmissible as evidence in the courts of justice.
On the otherhand ,the investigator may be held criminally liable for violation of the law.

7.CHARACTERISTIC OF AN EFFECTIVE INVESTIGATOR

A good investigator is knowledgeable ,creative,patient and persistent ,A good
investigator also reads a lot about a variety of subjects .Regardless of
title ,pay,rank,investigative officers are more effective when they possess specific
intellectual ,psychological and physical characteristics.
a. Intellectualcharacteristics- Investigators must absorb training and apply it to
their work.they must know the elements of the crime ,understand and be able to apply
 investigative techniques and be able to work with many different types of
people ,exceptional intelligence is not a requisite of an effective
investigator ;objectivity,logic and common sense are more important.
Effective investigator obtain and retain information ;apply technical
knowledge ;and remain open minded ,objective and logical they are also cultural
adroit,that is skilled in interacting across gender,etnic ,generational ,social and
political group lines.
b. Psychologicalcharacteristic- effective investigators are emotionally well balanced,
inquisitive, suspecting, discerning ,self disciplined and persevering.
c. Physicalcharacteristic-effective investigators are physically fit and have good
vision and hearing.

8,QUALITIES OF AN INVESTIGATOR
 1. The ability to persevere or stick to a task in spite of monotony and the many
obstacles which surrounds it.
2. He must have certain abilities and an intelligence which would enable him to
acquire information easily and readily and to use this information truthfully .He
should have the capacity to think through situations .the investigator must be
intelligent as the offender.
3. He must be honest,he must be incorruptible and must posses personal integrity.the
investigator will be subjected to all kinds of temptations :physical,emotional
and material .temptation to gain will be continuously present and he must be able
to recognize and resist it.
4. He must have understanding of the people and the environment in which he lives.He
must know the weakness and the strength of the people ,so that he can use them to
his advantage ,particularly during interrogation.A knowledge of psychology of
human behaviors is essential to the investigator.the investigator should be aware
of the factors of the social pattern that contributes to the of behaviors
exhibited by the individual.
5. He must have a keen power of observation and accurate description .Observation
implies a clear mental picture of what is seen .it requires a seeing of detail ,a
study of detail ,and recognition that the whole picture is compose of many detail
.A good investigator must observe them accurately and completely. (handbook on
criminal investigation by CiriloTradio)

9. QUALITIES OF GOOD INVESTIGATOR

 a. Perseverance –steadfastness ,persistence and resolution to bring the desired
conclusioninspite of obstacles connected with criminal investigation.
b. Endurance- the ability to last physically and mentally hence ,He must have the
extra
ordinary physical and mental energy ,enduring sleepless night tiresome days.
c. Incorruptible honesty and integrity-in the practice of his art ,there is ever
temptations of money,women and drinks ,where these are presents in every corner
playing tricks of temptation.
d.The intelligence and Wisdom of King Solomon-this is very important in order that
the
investigator could easily decipher falsehood from truth and separate the grain from
the chaff.
e.The knowledge of psychology and other natural sciences –he must know the
differentpatterns of human behavior,the prevailing situations in a specific
environment and the laws of the nature .this is an armor to detect deception and
lies when dealing with witnesses ,informers and suspects.
f. Acting ability –it is the ability to go down to the level of the minor ,the
prostitute or
slum dwellers,or the level of the other professionals or the members of the elite.
g. Mastery of the oral and written communication in order that he will not suffer
setbacks in getting accurate facts.
h. The keen power of observation and description –these are very important in crime
scene investigation and interview and interrogation.
i. Courage – it is the moral turpitude to tell the truth no matter who will be hurt.
j. working knowledge of criminal law ,evidence criminal procedures and penal special
law.
k. Sense of justice and fair play-
l. Working knowledge of martial arts and firearm proficiency –He will find himself in many
occasions that he will be alone in confronting ,arresting, bringing to headquarters and
interrogating the suspect (the art of criminal investigation and detection by Atty Rodolfo
Garcia)

10.CATEGORIES OF INVESTIGATION ACCORDING TO JHON DEMPSEY

1. CRIMINAL INVESTIGATION VS NONE CRIMINAL INVESTIGATION
Criminal investigations usually carried out by the police with the goal of
prosecuting the person responsible for the commission of a crime .this type of
investigation can also be assigned to private investigatorswhereas ,None criminal
investigations- Involves on non criminal incidents or events. It can be conducted by
the police or private investigators.
2. REACTIVE VS PRO ACTIVE INVESTIGATION
Reactiveinvestigation is a type of investigation that is limited on the basis of
complaint filed by victim or any concerned citizen whereas, Proactiveinvestigation –
is investigation conducted by the police based on their own initiatives .these are
designed to catch a criminal in the act of committing a crime rather than waiting
until the crime is reported by a concern citizen.
3. OVERT INVESTIGATION VS COVERT INVESTIGATION
Overtinvestigation is conducted openly ,investigators do not hide their true
identity or hide the fact that they are conducting an investigation.
Covertinvestigation- is conducted in secret .it is commonly called as undercover
operation.

11.NATURE OF CRIMINAL INVESTIGATIONS

1. Criminal investigation is an art-
 That deals with the identification and location of criminal offenders and proving
their guilt through criminal proceeding.
 It is not governed by rigid rules or principles
 Most often than not ,it is governed by
a.Felicity of inspiration
b. intuition
c.luck
2. Criminal investigation is a science
 it is the method of inquiry
 criminal investigator primarily apply scientific knowledge principles and
methodologies in order to discover .identify,collect and process facts and evidences
to promote justice
 however,use of scientific method must be supplemented by the investigators
initiative and resourcefulness in finding solution of criminal cases.
 The sequence of investigation must fallow a scientific operating ____ that requires
imagination ,innovation creativeness on the part of the investigator.
3. Criminal investigation as a process involves the following steps:
1. Identification ,recognition of facts ,information ,evidence
2. Collection of facts, information, evidence
3. Preservation of forensic value (legal integrity)
4. Evaluation processing of evidence and case
5. Presentation of evidence and criminal case

12.WHAT IS THE PRIMARY JOB OF AN INVESTIGATORS IN ORDER TO DETERMINE WHETHER OR NOT AN

OFFENSE HAS BEEN COMMITTED UNDER THE LAW?
Primarily, the job of an investigator is to discover whether or not an offense has been
committed under the law, after determining what specific offense has been committed. He
must discover How it was committed ,where was it committed ,when was it committed ,and
under certain circumstances ,why was it committed.(CiriloTradio)

13.WHAT ARE THE 9 GOLDEN RULES TO BE OBSERVED BY THE INVESTIGATORS UPON HIS ARRIVAL AT THE
SCENE OF THE CRIME?
a. Identify, and if possible ,retain for questioning person who first notified the
police
b. Determine the perpetrator by direct inquiry or observe him ,if his identity is
immediately apparent
c. Detain all person present at the scene.
 d. Summons assistance ,if necessary
e. Safeguard the area by issuing appropriate order or by physically isolating it
f. Subsequently permit only authorized person to enter the area
g. Separate the witnesses in order to obtain independent statements
h. Do not touch or move any object
i. Definitely assigned the duties of the search if assistants are present.

14.ONE OF THE GOLDEN RULES IS DO NOT TOUCH OR RE MOVE ANY OBJECT WHAT SHOULD THEN BE THE
PRIMARY JOB ON AN INVESTIGATORBEFORE APPLYING THIS RULE?
The investigator upon his arrival at the crime scene of the crime should consider the
following two important steps before touches or move any object.
a. If the victim is still alive,the investigator should try to gather or acquire
information from the victim himself with regard to the surrounding circumstances of
the crime ,while calling for assistance for an ambulance from the nearest
hospital .then measure ,sketch and photograph the crime scene immediately after the
victim is removed and brought to the hospital for medical attendance.
b. If the victim is dead ,the body should be removed only after the crime scene is
measured :sketch and photographed.

15.IF A DEAD BODY IS AT THE SCENE

A body at the crime scene may immediately become the center of attention ,and
even a suspect may be overlooked .if the victim is obviously dead the body should be left
just at it was found but it and its surrounding protected .identifying the body is not
immediately concern.Preserving the scene is more important because it may later yield
clues about the dead persons identity’s ,the cause of death and the individual responsible
.(Karen Hayes)

16.THE INITIAL RESPONSE

 The initial response is usually by a patrol officer assigned to the area where a
crime has occurred .
 The initial response is crucial to the success of an investigation .although it is
popularly believed that cases are won or lost in court,more cases actually are lost
during the first hour of an investigation-the initial response period –than court.
 After notification ,either through direct observation or departmental communications
,officers go to the scene as rapidly and safely as circumstances permit. a crime
response survey conducted by the law enforcement assistance administration (LEAA)
revealed that a response time of 1 minute or less is necessary to increase the
probability of arrest at the scene .Most police department, however, cannot assure
their citizens of such a short response time .even for emergencies .to provide a 1
minute response time ,a police agencies would need much smaller patrol areas ,much
larger staffs, computer dispatched vehicles and personnel and thus,much larger
budgets.
It is important to arrive at a crime scene rapidly because.
a. The suspect may still be at or near the scene
b. Injured persons may need emergency care
c. Witness may still be at the scene
d. A dying person may have a confession or other pertinent information to give
e. Whether condition may change or destroy evidence
f. Someone may attempt to alter the crime scene

17. SETTING PRIORITIES

Circumstances at the scene often dictate what is done first.
The priorities are
a. Handle emergencies first
b. Secure the scene
c. Investigate (Criminal investigation by.Karen Hess)

18.HANDLING EMERGENCY SITUATION

Sometimes emergency dictates procedure.An emergency may include a dangerous suspect at or
near the crime scene or gravely injured person.For example,if you arrive at a crime scene
and the suspect begin to shoot you at you .apprehending the suspect obviously becomes your
first priority .in other instances ,a person may be so seriously injured that without
immediate care ,death is probable .such emergencies take precedence over all other
procedures.
Good judgment and the number of available officer dictate what should occur first
if more than one emergency exists. Sometimes the decision is difficult .for example ,if
victim is drowning ,a suspect is running away and only one officer is at the scene ,the
officer must make a split second decision .Usually ,saving life takes
precedence .However ,if the officer can do nothing to save the life of the victim .the
best alternative is to pursue the suspect. Apprehending the suspect may save other
victims.

19. THE THREE TOOLS OR I’S OF INVESTIGATION

What are the three tools or three I’s of criminal investigators
The tools of the investigators are the three I’s namely information ,interrogation. and
instrumentation. their application varies in proportion depending on their necessity to
establish

20.A SUSPECT AT OR NEAR THE SCENE

If a call is made rapidly enough and officers can respond quickly ,they may
observe the crime in progress and arrest the suspect at scene.
Any suspect at the scene should be detained ,questioned and then released or
arrested ,depending on circumstances.

21. IF THE SUSPECT HAS RECENTLY FLED

If the suspect has just left the scene ,immediate action is required ,if the
information is provided early enough,other units en route to the scene may make arrest.
If a suspect has recently left the crime scene ,officers obtained description of the
suspect ,any vehicles ,direction of travel and any items taken .the information is
dispatched to headquarters immediately.

22.IF A PERSON SERIOUSLY INJURED

Emergency first aid to victims,witnesses ,and suspect is often a top priority of
arriving officers ,officers should call for medical assistance and then do whatever
possible until help arrives .they should observed and record the injured person’s
condition when medical help arrives ,officer should assist and instruct medical personnel
during the care and removal of those injured to diminish the risk of contaminating the
scene and losing evidence.
If a person is injured so severely that he or she must be removed from the
scene ,attending medical personnel should be instructed to listen to any statement or
utterances the victim makes and to save all clothing for evidence .if the injured person
is a suspect ,a police officer almost always accompanies the suspect to the hospital.The
humanitarian priority of administering first aid may have become second priority if a
dangerous suspect is still at the scene because other may be injured or killed.

23.PROTECTING THE CRIME SCENE

Securing the crime scene is a major responsibility of the first officers to
arrive.everything of a nonemergency nature is delayed until the scene is protected .the
critical importance of securing the crime scene is better understood when one considers
LOCARDPRINCIPLEOFEXCHANGE,a basic forensic theory holding that objects that come in
contact with each other always transfer material ,however minute,to each other.this
evidence can easily be lost if the crime goes unprotected ,at outdoors scenes ,whether
condition such as heat ,wind rain ,snow or sleet can alter or destroy physical
evidence .in addition people may accidentally or intentionally disturb the
scene .additions to the scene can be as disconcerting to later investigation as the
removal of evidence is.

24.CONDUCTING PRELIMINARY INVESTIGATION

After all emergency matters have been handled and the crime scene has been secured
,the actual preliminary investigation can begin .this includes several steps whose order
depends on the specific crime and the types of evidence and witnesses available
Responsibilities during the Preliminary investigation
a. Questioning victims,witnesses and suspects
b. Conducting a neighborhood canvass.
c. Measuring ,photographing,videotaping, and sketching the scene
 d. Identifying,collecting,examining and processing physical evidence
e. Recording all statements and observation in notes

25.FIELD TEST
Investigator often want to know whether evidence discovered is what they think it
is-for example ,a blood stain or an illegal substance .filed test kit help in this
determination. if field test is affirmative, the evidence is submitted to a laboratory for
a more detailed ,expert examination whose result can then be presented in court.

26.CRIME MAPING–changes the focus from the criminal to the location of crimes –the hot
spotswhere the most crimes occur

27. DATA MINING

Although information is indeed the cornerstone of investigation, The plethora of
investigation being generated can easily overwhelm an investigator .to be
effective ,investigator must know how to sift through the mountains of available
information to find the data that pertain to their case,a process known as data mining.

28.WHAT IS MEANT BY INFORMATION?

1. Information defined-
 Information is the knowledge which the investigator gathered and acquired from other
person. (CiriloTradio)
 It is the knowledge or facts which the investigator had gathered or acquired from
persons or documents ,which are pertinent or relevant concerning the commission or
criminal activities. (Atty Rodolfo M. Garcia )

29.NAME TWO KINDS OF INFORMATION?

a. Information acquired from regular sources such as conscientious and public spirited
citizens ,company records and files of other agencies.
b. Information which experienced investigator acquired from cultivated sources, such as
paid informants ,bar tenders, cab drivers, licensed owners and employees in general
former criminals or acquaintances(cirilotradio)

30.INFORMATION CLASSIFIED AS TO SOURCES?

a. Regular sources- records ,files from government or non government agencies ,news
items .the bulk of information of this nature is news items .Included also is news
or TV broadcast, intercepted radio, telephone messages and stored computer data.
b. Cultivated sources- information furnished by informants or informers
c. Grapevines sources these are the information coming from the underworld characters
such us prisoners or ex convicts.

31.STATE THE IMPORTANCE OF INFORMATION.

Information is important in investigation because it answers the question .who did it?
Once acquired, such information will enable the investigator to try the problem in order
to find the proper solution.

32.INTERVIEW AND INTERROGATION

a. Interview -it the simple questioning of a person who cooperates with the
investigator .these are the witnesses who voluntarily give their accounts about the
commission of the crime.
b. Interrogation- is the process of questioning witnesses and suspects to obtain
further information .the effectiveness of interrogation depends on the craft, logic,
and psychological insight of the interrogator in interpreting the information
relevant to the case.(Cirilotradio)
It is the process of obtaining an admission or confession from those suspects to
have committed a crime it is confrontational in nature, which means that the
suspect is confronted about his participation in the commission of the offense .the
investigator confronts the suspects with the testimonies of witnesses and the
physical evidence gathered or any adverse information pointing to the suspect as
the author of the crime.
 The term interrogation also applies to an uncooperative or recalcitrant
witness. this kind of witness is treated as a suspect in order that he will divulge
the information by the investigator. (Atty Rodolfo M Garcia)
c. Field inquiry defined-it is the general questioning of all person at the crime scene
conducted by the investigator .there is no need to warn the person questioned about
the Miranda Doctrine because this is not a part of custodial investigation. Any
confession or admission taken thereto is admissible in evidence.
2. Instrumentation defined- is the application of instrument and method of physical
science to the detection of crime .it is the application of
physics,chemistry,biology in crime detection.it is the sum total of the application
of all sciences in crime detection otherwise known as criminalistics although
instrumentation means more than criminalistics because it includes also all
technical methods by which the fugitives may be traced and examined.(CiriloTradio)
it is the process of applying instruments or tools of the police sciences in
criminal investigation and detection .the use of the police laboratory in the
examination of physical evidence ,such as forensic ballistic and other sciences this
is sometimes called criminalistics. (ATTY Rodolfo M Garcia)

33.ASSIGNMENT OF DUTIES
Ordinarily only one investigator maybe assigned to handle a case when there is an
overloading of cases .But in complex cases or sentationalones ,a team of
investigators usually handle said cases. The team is headed by the chief or senior
investigator who will assign the respective tasks to each members. the members
include the following:
a. Officer in charge- one who direct the search ,assign duties, and assume
responsibility for the effectiveness of the search .
b. Assistant team leader- he must implement the order of the OIC
c. Photographer- he photographs the crime scene and individual pieces of evidence
d. Sketcher –he makes rough sketch of the scene given and later a finished
sketch.
e. Master note taker-One who writes down in short hand the observation and
description during the search
f. Evidence man- he collects,preserves and tags articles of evidence
g. Measurer –He makes overall measurements of the scene (cirilotradio)

34.THE CRIME SCENE SEARCH

Before the actual search is done ,the investigator must stand aside and make an
estimate of the situation .A certain area where there are no possible traces of the
crime may be made as the head quarters having formed the estimate ,the investigator
can now determine the number, kind and views of the photographs he wish to be taken.
A plan for the search should be formed which will cover all the grounds .every
step of an investigation must be undertaken with the thought of ultimate
presentation in court .notes and measurement must supplement the sketch and
photographs.
The basic guides for the investigator to look upon are evidence establish one
or more of the following
1. The corpus delicti or the fact that a crime was committed
2. The method of operation of the perpetrator
3. The identity of the guilty party

35.EXPLAIN BRIEFLY THE FOUR MECHANICS OF THE SEARCH :ILLUSTRATE EACH

If the area to be searched is limited indoors with few contents or any other situation
which will preclude a systematic search ,no standard procedure of search is recommended .
Any method of choice will do provided that alertness ,knowledge and experience of the
participating investigators are present .
If the area to be search is quite extensive ,a systematic scheme of approach is
recommended .the following are the different method of search .

36.WHAT IS MEANT BY RECONSTRUCTION OF THE CRIME?

After completion of the search ,an effort must be made to determine from the
appearance of the place and its object what actually occurred and what circumstances of a
crime were this is known reconstruction of the crime .( Cirilotradio)
 It is the assessment made by the investigator after the crime scene
investigation ,of how the crime is committed.(Atty Rodolfo M Garcia)

37.WHAT ARE THE KINDS OF RECONSTRUCTION:EXPLAIN EACH

A. Physical reconstruction –the physical appearance of the crime scene is reconstructed
from the description of witnesses and indication of physical evidence.
B. Mental reconstruction- from the physical reconstruction ,some conclusion can be made
concerning the consistency of the accounts of various witnesses.No assumption should
be made concerning action which are not supported by evidence the final theory
developed by the investigator should provide a line of investigative action

38.PHOTOGRAPHING THE CRIME SCENE

There must be a series of photograph of the crime scene to supply the maximum
information and to enable the viewer to understand how the crime was committed .

39.WHAT ARE THE MINIMUM REQUIREMENTS TO BE OBSERVED BY THE INVESTIGATOR TO INSURE THE
ADMISSIBILITY OF PHOTOGRAPH IN COURT?
1. The object which is presented should not be immaterial or irrelevant.
2. The photograph should not unduly incite ,prejudice and sympathy.
3. The photograph should be free from distortion .

40.DISTORTION IN PHOTOGRAPH MAY ASSUME ANY OF THE FOLLOWING FORMS :

1. In correct point of view –the photograph may obscure essential objects and
emphasis others
2. Perspective- distortion of the picture may be due to improper relationship of
focal length of lenses of print viewing the distance and tilting of the plate or
lens board.
3. Tone - misrepresentation of tones can be accompanied by the manipulation of
exposure ,development and choice of printing papers .

41.WHAT ARE THE KIND OF PHOTOGRAPHS TO BE TAKEN AT THE SCENE OF THE CRIME ?
1. Overall photograph- carried clockwise until at least four general view photographs
have been taken.
2. Photograph of the deceased- A set of views showing the relationship of the dead body
with the surroundings.
3. Photograph of articles of evidence-weapons,bloods,stains,hairs ,fibers,papers
etc,seen at the crime scene must be photograph before removal.
4. Special tecniques-ultra violet and infra
red ,orthostereoscipy.photomicrography ,microphototgraphy,grammagraphy,cinematograph
y and projection work.
5. Photograph of the environs.
6. Photograph of the body after removal
1. Photographing the body after removal for identification of the victim
2. Close up pictures of the wounds
42.TYPES OF INVESTIGATIVE PHOTOGRAPHY
In addition to crime scene photography,certain types of photography play vital
roles in investigation.
1. Surveillance photography-establishes the identity of a subject or records criminal
behavior without photographer presence being know to the subject .the photographs or
videotapes can help identify the suspect’s associates ,destroy an alibi ,plan a raid
or develop a surveillance .Banks and stores frequently used surveillance cameras to
help identify robbers and burglars.Surveillance Photography is often called trap
photographybecause the photos prove that an incident occurred and can help identify
suspect and weapons
2. Aerial photography-investigators often use aerial photography to cover extensive
areas.for example ,it can be used following a bank robbery to show roads leading to
and from the bank .A high tech application of aerial photography involves
PICTOMETRY, aunique ,patented computer technology that integrates various aerial
shots of land based artifact taken straight down and from numerous angles
3. Night photography- taking pictures at night present special problems,particularly
that of illuminating a scene adequate light can be ob.tained by increasing exposure
time ,using photo flash for small areas and a flash series for larger areas or using
 flood lights,flood lights also aid in locating evidence and decrease the chance of
evidence being accidentally destroyed.
4. Laboratory photography- not all investigative photography is done in the
field .sometimes objects are photographed in a laboratory with special equipment
that is to large ,delicate or expensive to use in the field.
a. Microphotography- takes picture through a microscope and can help identify minute
particles of evidence such as hairs or fibers.
b. Macrophotography- enlarges a subject.for example a fingerprint or a tool mark can
be greatly enlarged to show the details of ridges or striations.
c. Laser beam photography- can reveal evidence indiscernible to the naked eye.for
example it can reveal the outline of a foot print in a carpet ,even though the
fibers have returned to normal position.
d. Ultra violet light photography- uses the low end of the color spectrum ,which is
invisible to human sight,to make visible impressions of bruises and injuries long
after their actual accurate occurrence.bite marks,injuries cause by
beating,cigarets burns,neck strangulation marks and other impression left from
intentional injuries
e. can be reproduced and used as evidence in criminal cases by scanning the presumed
area of injury with fluorescent or blue light.
43.SKETCH OF THE CRIME SCENE
The sketch is the simpliest and the most effective way of showing the actual
measurement of the and of identifying significant items of evidence in their location at
the scene .sketching is supplementary to photography.
44.NAME THE GENERAL KINDS OF SKETCHES
a. Rough sketch- made by the investigator at the crime scene .No scale and proportion
is ignored,and everything is approximate .it is to be used as a basis of the finish
sketch .
b. Finished sketch-made primarily for courtroom presentation .scale and proportion
observed.
44.NAME OF THE SPECIFIC KINDS OF SKETCHES
a. Sketch of locality- the sketch of locality gives a pictures of the scene ,the crime
and its environ ,including such items as neighboring building ,roads leading to the
location or house ,etc.in arson cases ,the sketch of location is of great value as
an aid in determining whether the fire was caused by nearby inflammable property
b. Sketch of grounds-the sketch of grounds pictures the scene of the crime with its
nearest physical surroundings i.e. a house with a garden ,the plan of one or more
floors in a house and so fort
c. Sketch of details –the sketch of details describe immediate scene only. For instance
,the room in which the crime was committed and the details thereof .Nowadays ,the
sketch of details of a room is generally carried out by what is know as cross
projectionin this method,the walls and ceiling are pictures as if they are on the
same plan as the floor .this will give a clear impression of the scene in cases
where blood stain or bullet holes are found in the walls or on the ceiling
The cross projection may be further augmented by drawing on the cardboard and
cut outs .the folding of the cardboard will reproduce the interior of the room .one
of the wall is left hanging to permit looking into the room.
45.WHAT ARE THE ELEMENTS OF SKETCHING
a. Measurement- of space and distance of relevant object to their point of reference
example,the distance of a loaded pistol to the body of the victim and the nearest
wall .points of reference must always be on two points to give the exact location
of the object by way of the latitude and longtitude. The room area must be measured
by the with and length ,together with the heights of the walls the size of the door
and the direction of swing
b. Compass direction- a standard arrow to indicate the north direction .to find the
north without compass, determine the east where the sun rises .facing east ,your
left side is the north direction.
c. Essential items –all items in the scene must be included .never decide outright
that some items are irrelevant.as you proceed in the investigation ,these seemingly
irrelevant items will be come relevant or material in the investigation.
d. Scale of proportion-it is an element of finished sketch this not an element of the
rough sketch .it is the proportion of the finished sketch to the actual size or
measurement at the scene .the scale of 1:50 means that 1 inch in the sketch
measurement is 50 inches in the actual scene measurement .
 e. Legend-The explanation of any symbol used to identify object must be stated .but
excessive lettering in the sketch generally results in a crowded sketch and
obscurity of essential items .
f. Title- this includes case identification ,identification of the victim ,scenes
portrayed ,location,date and hour when it was made, and the name of the sketcher .
46.WHAT ARE THE RULES OF SKETCHING?
a. Never forget to determine the direction of the compass. Draw it on the sketch
b. Do not draw things which are clearly irrelevant to the case
c. Never rely on memory to make corrections at the station house ,at home ,or at a
place removed from the scene of the crime.
d. The scale must be drawn on the sketch if a camera has been used ,mark its position
on the sketch.

47.THE ROUGH SKETCH

Is the first pencil drawn outline of a scene and the location of objects and
evidence within this outline .It is not usually drawn to scale ,although distances are
measured and entered in the appropriate locations (Karen Hess)

48.SKETCHING MATERIAL
Materials needed for rough sketches should be assembled and place in their own kit
or in the crime scene investigation kit
Paper of any type will do ,but plain white or graph paper is best,No lines interfere
if you use plain white .On the other hand ,graph paper provides distance ratios and allow
for more accurate depictions of the relationships between object evidence at the
scene .when sketching ,use a hard lead pencilto avoid smudges .Keep two or three pencils
on hand.
Use 50 to 150 foot steel measuring tapefor measuring long distance .Steel is
preferable because it does not stretch and therefore is more accurate than cloth tape.Use
a carpenter type ruler to take short and close quarter measurements and straightedge to
draw straight lines .A clipboard will give a firm ,level drawing surface .
Use compass to determine the true North, especially in areas and buildings laid out
in other than true directions .Use a protractorto find the proper angles when determining
coordinates .
Thumbtacks are helpful to hold down one end of the tape when you measure .You can also use
to fasten paper to drawing surface if no clipboard is available.

49.STEPS IN SKETCHING THE CRIME SCENE

Once photograph have been taken and other priority steps in the preliminary investigation
performed ,you can begin sketching the crime scene .First ,make an overall judgment of the
scene ,Remember not to move ,remove, touch or pick up anything until it has been
photographed, located on the rough sketch ,and described in detail in your notes ,then
handle objet only in accordance with the techniques for preserving evidence.
To sketch a crime scene:
a. Observe and plan
b. Measure distances and outline the area
c. Plot object and evidence within the outline
d. Takes note and record details
e. Identify the sketch with the legend and scale
f. Reassess the sketch (Karen M.Hess)

50.Plotting methodare used to locate objects and evidence on the sketch .these method
include the use of rectangular coordinates,baseline ,triangulation and compass points
Rectangular coordinate method- the rectangular coordinate method is a common way to locate
object and evidence in a room .the rectangular coordinate method uses two adjacent walls
as fixed points from which distance are measure at right angles .Locate object by
measuring from one wall at a right angles and then from the adjacent wall at right
angles .this method is restricted to square or rectangle area.
Baseline method- Another way to measure by coordinates is to run a baseline from one fixed
point to another .the baseline method establishes a straight line from one fixed point to
another ,from which measurement are taken at right angles.take measurement along either
side of the baseline to a point at right angles to the object to be located .
Triangulation method- is commonly used in outdoor scenes but can also be used
indoors .triangulation uses straight line measures from two fixed objects to the evidence
to create a triangle with the evidence in the angle formed by the two straight lines.the
degree of the angle formed at the location of the object or evidence can then be measured
with a protractor .the angle can be any degree ,in contrast to the rectangular
coordinate ,and baseline method in which the angle is always a right angle (90 degress)
Compass point method- the compass point method uses a protractor to measure the angle
formed by two lines for example .object A is located 10’7’’ from the point of origin C and
at angle of 59 degrees from the vertical line through point C object B is 16’7’’ from the
origin C at an angle of vertical degrees form the vertical.

51.FIELD NOTES DEFINED

Investigative notes are a permanent written record of the facts of a case to be
use in future investigation ,in writing reports and in prosecuting the case.

52.WHEN TO TAKE
Start taking notes as soon as possible after receiving a call to respond and
continue recording information as it is received throughout the investigation.

53.WHAT TO RECORD
Record all information that helps to answer the questions who?where?when?How?and
why?

54.WHERE TO RECORD NOTES?

Use a notebook to record all facts observed and learned during an
investigation .Despite the availability of sophisticated recorders and computers ,the
notebook remains one of the simplest ,most economical and most basic investigating tools.
Notes taken on scrap of paper, on the back of envelopes or on napkin are apt to be lost
and they reflect on poorly on officer professionalism.

55.HOW TO TAKE NOTES?

Note taking is an acquired skill.time does not permit a verbatim transcript.learn
to select key facts and record them in abbreviated form. (Karen Hess)

56.DEFINE PHYSICAL EVIDENCE

Articles and materials which are found in connection with the investigation and
which aid in establishing the identity of the perpetrator or the circumstances under which
the crime was committed or which ,in general assist in the prosecution of the criminal.

57.NAME THE KINDS OF PHYSICAL EVIDENCE

a. Corpus delicti – objects or substances which are essential parts of the body of the
crime.
b. Associate evidence –evidence which links the suspect to the crime scene or
offense.fingerprints and shoe impression are good example.
c. Tracing evidence-Articles which assist the investigator in locating the suspect.

58.WHAT ARE THE PROCEDURES NEEDED FOR THE CARE OF PHYSICAL EVIDENCE
In order to introduce physical evidence in a trial there is important factors
must be considered:
a. The articles must be properly identified
b. Continuity or chain of custody must be proved
c. Competency must be proved ,ie that the evidence material and relevant.

59.EXPLAIN BRIEFLY THE CHAIN OF CUSTODY OF PHYSICAL EVIDENCE

The number of persons who handle evidence between the time of commission of the
alleged offense and the ultimate disposition of the case should be kept to a minimum .each
transfer of evidence shall be receipted .the recipient of the evidence shall be
accountable for it during the time it is in his possession . He must protect it and must
record the name of the person from whom he received it and also to whom it was delivered.

60.WHAT ARE THE PURPOSES OF PROTECTING PHYSICAL EVIDENCE?

 Evidence must be presented in court in the same substantial condition as it was at
the time the time the offense was committed .it must be protected from
accidental ,intentional and even from natural alterations.
The following are the purposes of protecting physical evidence:
a. Certain types of evidence ,such as the latent finger prints are so fragile in
nature that a slight act of carelessness in handling can destroy their value as
clues and remove the possibility of obtaining from them any information which would
further the investigation
b. It is necessary that the evidence presented in court be in condition similar to
that in which it was left at the time of the offense.

61.COLLECTION,MARKING TAGGING AND PRESERVATION OF THE EVIDENCE

a. Collection –as an evidence is collected ,it is individually marked with the initials
of the investigators. the marking tools depends upon the nature of the evidence .if
it is a hard object such as metals ,the initial are scratched or engraved by the
used of sharped pointed steel which is called stylus.
b. Marking –every collected evidence that is marked if they are of the same class or
type such as .45 caliber fired empty shells ,they are marked consecutively such as
RMB 1,RMB 2 RMB 3 and so fort and so on .evidence which by their nature could not be
marked on each surface such as blood ,hairs,fibers are placed in the plastic
container where that container is then marked.
c. Tagging –every piece of evidence that is collected and marked must be tagged . A
card is attached by a string to the evidence with the proper entry to the evidence
with the proper entry of identification and description together with the reference
to the specific case.
d. Perishable material should be preserved by the way or the methods of preservation in
order that they will reach the court in the same physical condition as when they
where collected from the crime scene .this is the work of laboratory technician.

62.THE THREE PHASES OF CRIMINAL INVESTIGATION

1. The identification of the criminal
2. The criminal is traced,located and arrested
3. The facts or evidence to prove his guilt are gathered for introduction during trial

63.WHAT ARE THE FOUR METHODS OF IDENTIFYING THE CRIMINALS

1. By confession or admission
2. By accounts or testimonies of witnesses
3. By circumstantial evidence
4. By associate evidence

64.NAME THE TWO KINDS OF CRIMINALS IDENTIFIED BY WITNESSES .

a. Known fugitives-if the criminal is known,then the police records and picture are
available .his relative and friends can offer description may be obtained from local
police files,background investigation and from verbal description of others.
b. Unknown criminals- Identification of unknown criminals by eyewitnesses must be
approached with caution by the investigator .the description and characteristicmay
be vague that identification is difficult.

65.NAME THE METHODS OF IDENTIFICATIONS BY WITNESSES

a. Verbal description- the value of the description depend on the capacity of the
witness to describe the criminal.
b. Photographic files- (Rogues Gallery) the witness may be taken to the headquarters to
examine the photograph in the file the modus operandi file may also be shown upon
knowledge of the technique of the commission of the crime the witness should also be
instructed to call the investigator’s attention to any strong similarity in the
photograph of a single feature ,as to nose or mouth.
c. General photograph- the investigator should show the witness the variety of facial
type which do not necessarily represent the criminal .the picture only represent
different features of the face .the image of various features such as degree of
baldness ,length or shape of the nose ,the shape of the ear.
d. Artist assistance –identification may be made by the employment of an artist to
depict a composite of the feature describe by the eyewitness .the witness is shown a
 chart which is contains a representation of various types of human features as noses
,eyes,ears,etc and is requested to select the individual features present in the
unknown criminal .from the selection ,artist draws a composite of the face which may
be a close approximation to that of criminals .

66.POLICE LINE UP DEFINED

The police line up is the more profitably used as means of selecting a
suspect from a group of innocent person .the purpose of police line up is the elimination
of power of suggestion as factor in identification
PROCEDURES OF POLICE LINE UP
a. For one suspect to be mixed with innocent persons the line up must at least be
composed of seven person to ten persons .this increases when there are two or more
suspects mixed with innocent persons for identifications .
b. The appearance of those composing the line up must be approximately the same as to
height ,built complexion ,hairstyle clothing,etc.
c. The witness should be instructed before entering the line up room about the
presence of the suspect
d. The line up members must be given the opportunity to select their position in the
line up
e. The line up member are not allowed to talk during the process or make any movement
which may suggest the identity of the suspect
f. The investigators should not talk or move which may indirectly identify the suspect
the power of suggestion should always be avoided.
g. The proceeding must be covered by a detailed report and possibly by a movie camera
for court presentation.

67. WHAT DO YOU UNDERSTAND BY CIRCUMSTANTIAL EVIDENCE

Circumstantial evidence is identification 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.

68. WHEN MAY CIRCUMSTANTIAL EVIDENCE BE SUFFICIENT TO PRODUCE CONVICTION?

a. When there are more than one circumstances.
b. When the facts from which the inferences derived are proven
c. When the combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt.

69. WHAT MUST BE INFERRED TO PROVE IDENTITY BY CIRCUMSTANTIAL EVIDENCE?

a. Motive- it may be inferred from circumstances or from statement of witnesses that
the suspect has been motivated by a desire for revenge or personal gain .Motive is
hard to establish in crimes committed by mentally deranged persons.
b. Opportunity –this is the physical ability that the suspect could have committed the
crimes it may be deducted from the following.
1. The suspect could have been in the vicinity of the crime
2. Knowledge of the criminal objective
3. Absence of alibi

70.GIVE THE EVIDENCES NECESSARY TO PROVE GUILT

a. The fact of the existence of the crime must be established
b. The defendant must be identified and associated with the crime
c. Competent and credible witnesses must be available
d. Physical evidence must be identified appropriately and the chain of its custody
established and its connection with the case shown and
e. The whole must be presented in an orderly and logical fashion.

71.WHAT IS MEANT BY CORPUS DELICTI ,AND WHAT MUST IT PROVE ?

Corpus delicti is the body of the crime or fact of specific loss or injury
sustained .Corpus delicti is proven by showing the following
a. There exist a certain state of fact which forms the basis of the criminal act
charged and
b. The existence of a criminal agency which caused the state of facts to exist.it
is preferable that the state of fact should be established by direct and
 positive proof but circumstancial evidence will suffice if it is particularly
clear and cogent.

72.DISTINGUISH MOTIVE FROM INTENT

Motive is that which induces the criminal to act.The motive may be the
desire to obtain revenge or personal gain . Intent on the other hand ,is the
accomplishment of the act .Motive need not be shown to obtain conviction ,but intent must
always be proved where it is an element of the offense.

73.MODUS OPERANDI
Explain briefly the meaning and importance of modus operandi and the modus operandi file
Modus operandi means method of operation .the modus operandi file enables the
investigators to enable the investigators to recognize a pattern of criminal behavior ,to
associate a group of crime with a single perpetrator to enable them to
predict ,approximately ,the next target of the criminal ,to assist
complainants ,eyewitness and the investigators to recognize the perpetrator by means of
recorded information concerning the characteristic of his criminal activities
The modus operandi records are classified and fled in such a way as to assist in
identifying the crime as one committed by a known criminal or as one of series committed
by unidentified criminal.
Modus operandi record devised by Major general Sir llewelyAtcherly ,is a method which has
been accepted and adopted by several police departments .it consist of.
a. Property- the nature of the stolen property provide an excellent clue in crimes
which involves robbery or theft .
b. Description- if the criminal was observed ,a verbal description is usually the
most important clue to the identity of the perpetrator.
c. Observation at the scene –The data of the scene are important since they may
result in a useful pattern .Thus,objects and substances seen,tasted,or felt will
contribute to complete picture
d. Motive –in addition to the acquisition of property ,there are many other criminal
motives ,thus, in murder ,rape and assault, in general ,a pattern of behavior may
be discerned in course of a series of crime .this observation is a particularly
true with regard to the crimes accomplished by the psychopaths .
e. Time- the time at which the crime was committed an important element in the
pattern ,Naturally ,since the exact moment of occurrence cannot be readily
established in many cases ,the investigator must endeavor to establish the time of
occurrence between determinable limit.
f. Peculiarities- from evidence weakness of character will ordinarily reveal
themselves in the uninhabited surroundings of the crime .Peculiarities such as
partaking of the victim’s liquor,psychopathic defecation ,and theft of
inconsequential items such as ties or cuff links are particularly significant.
g. Observed peculiarities-an observer of the offense may be able to supply valuable
clues in the form of personal idiosyncrasies .Speech is one of the most important
clues,enunciation ,dialect ,and diction can be closely described .

74.METHOD OF OBTAINING INFORMATION

INTERVIEW DEFINED
An interview is the questioning of person who is believe to posses knowledge that is
official interest to the investigator. In an interview ,the person questioned usually
gives his account of an incident under investigation or often information concerning a
person being investigated in his own manner and words.

75. GIVE IMPORTANCE OF AN INTERVIEW

In most cases, interviews are the only sources of information and great part of the
investigation is devoted to them.

76. GIVE AND EXPLAIN THE QUALIFICATION OF AN INTERVIEWER

a. Rapport- Good relationship between the interviewer and the subject. The
investigator must endeavor to win the confidence of the subject wherever this is
possible. Rapport will let the subject unloose a flood of useful
information ,while strange relation between interviewer and subject will make
the latter be reluctant to give any desired information.
 b. Theinterviewermustposses a forcefulpersonality-he may induce trust and
confidence by the strength of his character .He must be sympathetic and
understanding without any air of superiority .
c. Breadthofinterest –it is necessary for the interviewer and the subject to
develop a meeting ground of interest .the interviewer must have a sympathetic
personality ,broad practical knowledge and knows the background of the
subject .He must be acquainted with the social behavior and life of
gamblers ,the temperament of storekeeper ,etc.
d. A good investigator must have the qualities of a salesman ,an
actor ,andpsychologist .He must possess insight intelligence and
persuasiveness ,His speech should be suited the situation.(CiriloTradio)
77. QUALITIES OF GOOD INTERVIEWER
a. Rapport- it is relation between the interviewer and the interviewee which is
conducted to a fruitful result .it is winning the confidence of a person being
interviewed in order that he will tell all the information in his possession .
The interviewer must be in a respectable civilian attire because ,most often and
the majority of people ,the police uniform is a barrier in establishing good
rapport .to many ,the uniform is intimidating.
b. Forceful personality-the appearance of the interviewer and other qualities such
as skills of communication techniques or the force of his language are the
mainstays of the strength of his character .He must be
understanding ,sympathetic and without showing official arrogance ,vulgarity of
expressions and an air of superiority.
c. Knowledge of human behavior- this will help the interviewer to determine the
personality and intelligence of his subject ,he must go down and up to level of
understanding of his particular subject.
d. Conversational tone of voice- His tone of voice must be conversational ,not
confrontational as in interrogation
e. Common interest – his preliminary and probing question should be aim to
establish a common interest between him and the subject.
f. Acting qualities- He must posses the qualities of an actor ,salesman,and
psychologist and know how to use the power of persuasion.
g. Humility-He must be courteous ,sympathetic and humble ready to ask apologies for
the inconvenience of interview.(Atty Rodolfo M Garcia)

78.DISTINGUISH INTERVIEW FROM INTERROGATION

The term interview may be used to mean the simple questioning of a person who is
cooperating with the investigator while interrogation may be used to describe the vigorous
questioning of one who is reluctant to divulge information

79.STATE THE PLACE AND TIME OF INTERVIEW.

A place where it will provide the interviewer a psychological advantage may be a good
site for an interview .however , this rule may be modified to suit the exigencies and the
nature of the case.
For background interview (interview concerning the background of a person ) no difficulty
is encounter in the selection of place and time .References may be interviewed during
normal business hours or by arrangement of a suitable time by telephone .Routine for
criminal cases ,the time of the interview should be selected to make the subject give his
full attention to the matter .Privacy during the interview must be observed .in important
cases ,arrangement of the place of interview other than the home or office of the subject
may be made earlier .the interview must be made as soon as possible after the event when
information is still in the mind of the witnesses.

80.WHAT DO YOU UNDERSTAND BY BACKGROUND INTERVIEW

Background interview is the simpliest type of interview which concerns itself with the
gathering of information regarding the background of a person.

81.COGNITIVE INTERVIEW DEFINED

It is a form or technique in the conduct of interview upon willing and cooperative
witnesses, where they are given the full opportunity to narrate their accounts without
intervention ,interruption and interference from the interviewer .after the subject has
finished his narration ,the investigator now subject him to style of direct examination
and cross examination ,to clarify the unexplained portions to arrive at a vivid and
complete picture of the testimony.
In the case of subjects of low level of intellect ,the use of leading question greatly
helps the investigator to obtain the full and desired information.

82.REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY

a. Fear of reprisal - the of reprisal is always entertained by witnesses who lack the
courage to face the suspect ,his associates or relatives .this is
natural ,especially those who have no means to protect themselves ,or no
influential persons for them to rely on .this is prevalent among the generally
underprivileged sectors of our society .the investigator must remove this fears
from the mind of his witnesses either by either by offering protection or by
explanation that unless the suspect is not put behind bars ,the fear will not
disappears .the investigator power of persuasion play a vital role.
b. Great inconvenience- On the part of those of hands to mouth existence there is this
real inconvenience which will deprive them the time to earn for their living
especially during the ordeal of testifying during the trial .to those
unemployed ,the inconvenience is greater thus, the investigator must sincerely help
them thru his contact with the business community.
c. Hatred against the police-this hatred maybe due to previous bad experience with
rogue members of the police organization .the investigators must show the
difference between him and the rogue policemen by honest and sincere entertainment
of the complaint against the rogue cops.He must explain that these scalawags
represent only a small percentage of a whole organization and he police leadership
is addressing the situation properly .a calling card of the investigator given to
this kind of witness will greatly help the situation promising immediate help if
there is the recurrence of the bad experience.
d. Bias of the witness –the witness may be an acquaintance ,friend ,helper,or
benefactor of the suspect .all of these and other relationship of the witness to
the suspect must be explored so that an intelligent approach must be applied
e. Avoidance of publicity-there are witnesses who are shy and they shun publicity that
will bring discomfort to their ordinary or obscure way of living .the investigator
must hide these witnesses away from reporters.
f. Family restriction- Some famous and respected families preserve their reputation by
instilling to their members the need of the approval of their elders on matters
affecting their families .the investigator must talk to the elders for their
approval for a member to testify.
g. Bigotry- Religious or racial ,tribal or ethnic indifference.
h. Cultish indoctrination.some cults or religious denominations exercise religious or
moral influence on decision of witnesses to testify .it would be more apparent when
the witness and the suspect belong to the same cult .the investigator must use the
tenet of religion which is truth ,to the religious leaders to allow their members
to tell the truth and give the required testimonial evidence .this prevailing in
our society even to the point of career advancement.

83.WHAT ARE THE STAGES OF INTERVIEW IN CRIMINAL CASES?

a. Preparation- Before the actual interview ,the investigator should mentally review
the case and consider what information the subject can contribute. He must acquaint
himself with the background of the witness ,plan his interview ,and when
necessary ,prove himself with a checklist of the important points of the future
interview.
b. Approach-on the first meeting between the investigator and the witness ,the
investigator should show his credentials and inform the subject of his
identity .this is done to avoid misunderstanding and future charged of
misrepresentation.
c. Warming up- Preliminary subject matter of the conversation must be focused to warm
up the atmosphere ,to promote cordiality and trust with each with each other .the
witness should be given every opportunity to give a complete account without
interruption.
d. Questioning-the interviewer or investigator should start questioning on points he
wants to elicits .elements of the offense and his knowledge of the crime should
guide the investigator in his questioning.
84.WHAT ARE THE RULES TO BE OBSERVED IN QUESTIONING?
a. One question at a time –multiple question are confusing
b. Avoiding implied answer- implied answer are useless .suggesting the answer defeats
the purpose of the interrogation
c. Simplicity of the question- long,complicated and legalistic question are confusing
and irritating .subject may refuse to answer and this cause embarrassment and
resentment.
d. Saving face- embarrassing situations on the subject because of exaggeration or
error in matter of time ,distance description can be avoided if the investigator
will cooperates with the subject to save his face .the investigator should ridicule
his stupidity ,poor judgment and other deficiencies
e. Yes and No questions – Do not insist on a Yes or NO answers because it will result
to inaccurate answers prevent a flow of information .qualified answer should be
encouraged
f. Positive attitude- A positive way of questioning and approach should be employed .A
negative method of questioning is inviting a negative answer.timidity and lack
confidence on the part of the investigator are easily detected by an average
man .Leadership and firmness are respected and command acquiescence.
85.STATE THE TECHNIQUES OF INETERVIEWING PERSONALITY OF THE SUBJECT.
a. Children –the child may indulge in fancy in the course of the interview. A child
under six may invent an story in reply to a questions .An older child from six to
ten may tend to distort the story .the chief advantage of an older child is his
ability to observe ,remember and express himself and the absence of motive and
prejudices. He is at least a stranger to falsehood inspired by hate ,and ambition
or jealousy.
b. Boys-Most boys are alert and can describe events and objects as they appear to him.
His perception are not dulled by the age or preoccupation with cares and he has a
desire of or to communicate truth.
c. Girls-girls when young are intensely interested in the world as it reacts to
her .they can be excellent sources of information because they can observe with
interest events intrinsically boring But young girls may become dangerous witnesses
because they may permit themselves to place fantastic interpretation on their
action or they may have the tendency to exaggerate.
d. Young persons-they usually are pre occupied and this pre occupation prevents them
from being an ideal witnesses young persons are inclined to be truthful ,but their
testimony is not strengthen by any great power of observations.
e. Middle age persons-they are keenly aware of their fellow beings at other age
levels. their faculties and mature judgment is unimpaired .they are ideal
witnesses.
f. Older persons-they are physically impaired and the tendency to regress .But
intelligent older persons are effective witness because of maturity of judgment.

86.NAME THE TYPES AND ATTITUDE OF SUBJECT

a. Know nothing type- these are persons who are reluctant to become witnesses and
particularly true among uneducated person .the remedies are (1. Extensive warm up)
may yield result if fallowed by persistent questioning ,2. Presenting the subject
with agreat many questions to which he cannot reply that he knows nothing ,and then
leading him into the relevant questions.
b. Disinterested types.Uncooperative ,indifferent persons must be aroused .He should
at first be flattered to develop a pride in his ability to supply information .His
interest should be stimulated by stressing the importance of the information
possesses.
c. Drunken type-flattery will encourage the drunk to answer question and develop
interest .it is not advisable to take written statements from a person when he is
drunk.
d. Suspicious type –fear must be removed and the investigator should apply
psychological pressure .let him think that his none cooperation will work against
him
e. Talkative type- the investigator must find ways and means to shift his
talkativeness to those matter useful in investigation.
f. Honest witness-Honest and cooperative witnesses be the ideal witnesses with little
care and guidance
 g. Deceitful witness- He should be permitted to lie until he is well enmeshed with
falsehood and inconsistencies .A recording of his lies is extremely effective in
the playback .then the investigator will claim perjury and false statement
obstructing of justice with the witness as the defendant .He feel that he is
punishable under the law and now he has an excellent motive for telling the truth
for self preservation.
h. Timid witness-the investigator should employ friendly approach and should spend
sometime in explaining that the information obtained will be treated as a
confidential matter.
i. Boasting egoistic or egocentric witness –Patience and flattery are necessary for
they will be a good witnesses because of their drive towards self
expression .Unfortunately they are prone to color their story and put unwarranted
emphasis in their own part.
j. Refusal to talk witnesses –Most difficult ,but investigator must persevere and
neutral topics must first be undertaken.

88.WHAT ARE THE APPROCHES WHICH AN INVESTIGATOR CAN UTILIZE IN AN INTERVIEW?

Direct approaches is the most effective with regard to willing witnesses.the investigator
should begin in a friendly conversational tone and develop the information naturally .with
difficult witnesses such as those who dislike enforcement officers and who fear
retaliation ,a direct questioning may be necessary .the following are the approaches to
persons to be interviewed .
a. complainant - the investigator should appear sympathetic by expressing his interest
regarding the case.He should inform the subject of his full cooperation ,but the
investigator should:
1. Determine whether all the elements of the offense is present.
2. Determine whether the complainant is a chronic complainant
3. The motivation of the complainant
b, Person complaint of- before approach is made the investigator must first know the
elements of the crime allegedly committed and also the record or reputation of the person
complaint of.
c, Informant –the informant must be permitted to talk freely and fully .He should be
praised for the job he is doing as assisting law and order and being conscious of his duty
to society He must be questioned in detail .the investigator can later made an estimate of
the importance of the information.
d, Victim- investigators must be sympathetic and should listen to the complete story .He
should permit the victim to offer his opinion .the investigator should not support or
discourage the suggestion of the victim or any of his own .He should devote himself simply
to gathering facts.

89.WHAT ARE THE EVALUATION OF THE INTERVIEW?

a. Physical Mannerism – Nervousness,evasive facial expression,embarrassment at certain
question,perspirationetc,will give indication of trustworthiness of the person
b. Frankness- the investigator should compare the subject’s account of certain events
with the facts that he probably should have knowledge of.signifcant omissions
should be noted
c. Emotional stage- the investigator should observe the emotional reaction to
questions ,partial guilt can be detected by unwarranted indignation or excessive
protest.
d. the information given by the witness can be compared with the statements given by
the other witnesses and with known facts discrepancies and misrepresentation can be
detected by comparing the information with the known facts.

90.INTERROGATION
INTERROGATION DEFINES-An interrogation is a questioning of a person suspect of having
committed an offense or of a person who is reluctant to make a full disclosure of
information in his possession which is pertinent to the investigation.
91.WHAT ARE THE PURPOSES OF INTERROGATION?
a. To obtain confession to the crime
b. To induce the subject to make an admission
c. To learn the facts and circumstances surrounding the crime
d. To learn the identity of the accomplices
e. To develop information which will lead to the recovery of the fruits of the crime
 f. To discover the details of other crimes participated in by suspect

92.CONFESSION DISTINGUISH FROM ADMISSION

Confession is the direct acknowledgment of guilt arising from the commission of a
crime,whereas, admission is an acknowledgment of a fact or circumstances without accepting
guilt .

93.KINDS OF CONFESSIONS
1. Extra judicial confessions –those made by the suspect during custodial
investigation.simply explained are those confessions are made outside the court.
2. Judicial confession -Those made by the accused in open court .the plea of guilt
maybe during arraignment or any stage of the proceeding where the accsued changes
his plea of not guilty to guilty.

94.UNDER EXISTING LAWS A CONFESSION TO BE ADMISSIBLE

1. express and categorical
2. given voluntarily
3. with assistance of competent and independent counsel
4. in writing and in the language known to and understood by
5. signed ,or if the confessant does not know to read and write , thumbmarked by him

95.WHEN IS IT NOT NECESSARY TO INFORM A PERSON OF HIS CUSTODIAL RIGHTS?

It is not necessary in the following instances
a. statement of witness
b. confessions to the media
c. confession to media
d. extrajudicial admission
e. admission in the course of investigation by a citizen or private security officer
96.CUSTODIAL INVESTIGATION
It is the skillful questioning of a suspect or a hostile witness to divulge information
concerning the crime under investigation .

97.CUSTODIAL INTERROGATION
IT is the stage wherein police investigator begin to focus on the guilt of the
suspect ,and the suspect is taken into a custody or deprived of his or her freedom of
action in any substantial manner.

98.MIRANDA DOCTRINE
The origin is of American jurisprudence .Mr Miranda ,a latino was accused of a
serious offense somewhere in the state of Arizona .He was interrogated exhaustedly by the
Arizona police leading to his confession ,based on his confession ,he was charged ,tried
and convicted Appeal of his conviction was made before the Arizona Supreme court but his
conviction was affirmed .the appeal was then elevated to the US Supreme court where there
was a reversal of the decision and he was acquitted on constitutional grounds
It was in this case ,entitled Miranda vs Arizona that the US Supreme court laid
down the constitutional rights of the accused during the custodial interrogation .it was
incorporated in our 1973 constitution and later in 1973 constitution of the
Philippines .this is known as Miranda rule or doctrine.

99..THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INTERROGATION

a. Right to remain silent
b. Right to counsel of his own choice and if he has none ,the government must provide
one for him
c. Right to be informed of the charges against him and whatever he says may be used
for or against him
These rights could be validly waived in writing and with the assistance of counsel
in order that the ensuing confession be admissible in evidence .the confession must
also be in writing signed and sworn to by the accused.

100.WHAT ARE THE DIFFERENT TECHNIQUES OF INTERROGATION?

a. Emotional appeal- This is a technique where the investigator ,combining his skills of
an actor and a psychologist ,address the suspect with emotional appeal to confess this
is applicable to first time offenders or those who are of emotional type of
 characteristics displayed by nervousness or emotional disturbances .devotees of a
religion may belong to this type.
b. Sympathetic approach- the interrogator must listen to subject’s story of his
troubles,plight and unfortunate situation ,an offer of friendship and act of kindness
may win the cooperation.
c. Friendliness-A friendly approach coupled with a posture of sincerity may induce the
suspect to confess.
d. Tricks and bluffs
1. The pretense of solid evidence against the accused .the investigator bluffs the
suspect that even if he will confess there is enough evidence to send him to jail
if he will confess ,the investigator will see to it that his prison term will be
within the range of probation.
2. The weakest link- among the suspects there must be a careful selection of who among
is the weakest link where the interrogation begin by tricks and bluffs this weakest
link will be told that his companions had already confessed .that this weakest link
had dealt the fatal blow or that he receive the lion share of a loot in order to
intrigue him .
3. Drama- the weakest link maybe used to fake pain and agony by ordering him to
shout ,accompanied by banging a chair on the wall to make it appear that a
commotion is going on. The other suspect in separate rooms must hear the drama
before telling them that their partner had confessed.
4. Feigning contact with family members –the suspect could be tricked that the
investigator had gone to the residence and the family members had supplied facts
against the suspect .the suspect ‘s family will be dragged into the investigation
if the suspect will not confess.
5. The line up-the complainant or victim is requested to point positively the suspect
who is among persons in the police line up .the witnesses victims or complainant
are previously coached about the identity of suspect
6. Reversed line up- the suspect is place among other person in a line up and he is
identified by a several complainant and witnesses who will associates the suspect
in other several crimes .this will cause the suspect to become desperate and
confess only to the case under investigation ,to avoid from being charged on false
accusation.
E. stern approach- the investigator displays a stern personality towards the suspect by
using the following method
1. Pretense of physical evidence-it is the pretense of laboratory or scientific finding
pointing to the Suspect.
2. Jolting- in the questioning process ,the investigator selects the right moments to
shout a pertinent question in an apparent righteousness outrage ,the suspect ‘s will
break to a confession.
3. Indifference in the presence of the suspect ,the investigators will discuss and
debate about the strong evidence of the case that will result to a conviction of
maximum penalty .their aim is to induce the suspect to confess by conditioning his
mind that he is finally concerned with no other recourse but to confess
4. Feigning protection and consideration-the investigator ask series of questions
appearing to be formalities with the impression that he knows the answers. that
these questions are asked a s a matter considerations of the rights ,protection and
advance of the suspect.
5. Opportunity to lie –the suspect is given all the opportunities to lie.the suspect is
question about his personal life ,family ,friendsand his knowledge about the
complainant and witnesses.then the suspect is question about his activities
prior ,during and after the commission of the crime .this is repeated many times ,to
include investigator focusing his question about the knowledge of the suspect of the
crime .the suspect will be Enmeshed in contradiction ,which is now capitalized by
investigator to get the truth from the suspect .if possible ,the interrogation must
be taped recorded for purposes of emphasis during the confrontations.
F.THE MUTT AND JEFF OR SWEET AND SOUR METHOD
The first set of investigator must appear to be rough ,mean and dangerous ,when they had
finished the interrogation ,the second set investigator intervenes by stopping the first
set of investigator .by being sympathetic and understanding ,he begins his
interrogation .if the suspect still refuses to cooperate ,then the process is repeated
until there is confession.
G. REMOVING THE ETNIC OR CULTURAL BARRIER
If the Suspect is an Ilocano,he should be interrogated by an Ilocano investigator and the
same with other ethnic or cultural group it is the Filipino way of life that we put our
trust and confidence to those who belong to our clan or tribe.The interrogation must be in
the language or dialect of the suspect so that we could get his full confidence .thisis
removing the language barrier.
H. SEARCHING FOR THE SOFT SPOT-
In every man’s heart ,there is always that softest spot .the heart may have been hardened
to steel by poverty ,destitution, hopelessness, despair ,apathy indifference ,injustice,
hatred or other factors, Yet there is always a spot which could be discovered by the
investigator thru his knowledge of human behavior .that spot may be the youngest
child ,the wife,the mother, the brother who acted as his father ,the grand parent or the
best friend.
Once discovered ,there must be a face to face meeting with that special person and that
heart of steel will melt to pieces.
This technique is not only used during interrogation but also during crisis management in
hostage situation

101.WHAT ARE THE PHYSICAL SYMTOMS OF GUILT?

a. Sweating- Profuse sweating indicates tension ,anxiety, shock or fear. extreme
nervousness is also the cause of sweating.
b. Color change- A flushed face indicatedanger ,shame or embarrassment but not
necessarily guilt.A pale face is more reliable sign of guilt.
c. Dry mouth–great nervous tension is present .this is considered as a reliable
symptoms of deception .sweating swallowing sweating of the lips and thirst are
indications of dryness of the mouth.
d. Pulse- An increase in the rate of heart beat is indicative of deception. The pulse
beat is observable at times in the neck
e. Breathing - An effort to control breathing during the critical questioning is an
indication of deception .Gasping of breath is the ultimate result of the control
in brething.
f. Avoidance of direct eye contact- this may indicate guilt or deception .Misty or
teary eyes indicate remorse or repentance.

102. INFORMANTS
DEFINE INFORMANTS-An informant is a person who gives information to the investigator .He
may give the information openly and even offer to be a witness ,or he may inform the
investigator surreptitiously and request to remain anonymous.

103.DEFINE CONFIDENTIAL INFORMANT

Confidential informant is a person who provides an investigator with confidential
informations concerning a past or projected crime and does not wish to be known as the
source of the information .the investigator should take a special precaution to protect
the identity of such an informant because of his value as a source on the disclosure of
crimes.

104.WHAT ARE THE DIFFERENT TYPES OF INFORMANTS?

a. Anonymous informant- He may be an anonymous telephone caller or anonymous letter
writer .if the person seems to have real information ,get all the possible
fact ,but :
1. Do not reveal any information you may have by stating that you already what is
being told you.
2. Do not let your telephone conversation disclose facts which should not leak out
3. Do not let caller press you to reveal facts
4. Do not let the tendency to show off or to impress your anonymous caller with
what you already know to get the better of you.
5. Do not let your caller find out more from you than you from him
b. Rival elimination informant- is usually anonymous ,His purpose in informing is to
eliminate rivals or competition.
c. False informant- reveals information usually of no consequence or stuff concocted
thin of air .He may do so out of the desire to appear to be on the side of law and
order and for the purpose of throwing suspicion from himself or his gang or
associates .
 d. Frightened informant-may be prodded by fear or self interest .He may be one of the
little men who runs to the police when he sees that his confederates are about to
be involved in a dangerous criminal act and he will be placed in a dangerous
situation .He is usually motivated by anxiety for his own well being and will
furnish information as a protective device and as a means of sustaining his own
feeling of self importance this type is the weakest link in the criminal chain.
e. Self aggrandizing informant- Hangs about the fringe of the underworld and delight
in surprising the police with choice of bits of information .from time to time his
information may be of value.
f. Mercenary informant –has something to sell He may be a valuable source .sometimes
there is a revenge motive present .He may have thought himself to have been double
crossed or given a dirty deal and seek revenge in the telling .
g. Double crosser informant- uses his seeming desire to give information as an accuse
to talk to the police in order to get more information from then than he gives .it
is well to feed this informant false information to catch him .Usually permit him
to talk ,but be careful not to reveal anything of value .he can be fed,from time
to time ,such little messages as the investigator would like for him to take back
to his friends
h. The woman informant –may be the female associate of any criminal she may be able
to give valuable information .,but the investigator must beware because the female
specie is more deadly than male .
i. Legitimate informant –will include those operators of licensed premises who do not
want their place of business to become the hangout of dangerous criminals.

105.WHAT ARE THE POSSIBLE MOTIVES OF THE INFORMANTS IN GIVING INFORMATION ?

a. Vanity – the self aggrandizing person who delights in giving information to gain
favorable attention from the police authorities
b. Civic mindedness-the public spirited person of good standing in the community who
is interested in seeing the justice is done .
c. Fear- the person under an illusion oppression by enemies or of other pending
dangers
d. Repentance – the person usually an accomplice who has a change of heart and wishes
to report a crime that is prying on his conscience.
e. Avoidance of punishment- the person who is apprehended in the commission of minor
offense and seek to avoid prosecution by revealing information concerning a major
crime.
f. Gratitude or gain- the person who is willing to cooperate in giving information to
express appreciation or to obtain a privilege such as one who is arrested and
desires cigarettes or other items ,or a former prisoner who wishes to repay the
police officers ‘s interest in the welfare of his family during his detention.
g. Competition-the person (usually one earning a living by questionablemeans )who is
wishing by this means to eliminate his competitors.
h. Revenge -The person who wishes to settle a grudge because someone else informed
against him took advantage of him or otherwise injured him.
i. Jealousy-A person who is envious of the accomplishments of possession of another
and wishes to humiliate him
j. Remuneration – The person who informs solely for the Monetary or other material
gain he is to receive .

106.PRINCIPLES AND CONCEPT OF SURVEILLANCE SURVEILANCE DEFINED

 Is the process of keeping suspected persons, premises or vehicles under observation
for the purpose of learning as much as possible about their activities ,operations
and contacts.(techniques for the crime investigator by William Dienstain)
 Surveillance is the discreet observation of places ,persons and vehicles for the
purpose of obtaining information concerning the identities or activities of
subjects.( PNP investigative manual)

107.SURVEILLANT DEFINED
The surveillant is the persons who conduct the surveillance or perform the observations.

108.SUBJECT DEFINED
The subject is the person ,place or vehicle being observed by the surveillant
109.WHATARE THE PURPOSES OF SURVEILLANCE
a.To prevent the commission of an offense
b.To apprehend person in the commission of the offense
c.To learn the identity of all person involved in a certain criminal enterprise and
to make certain of their apprehension
d. To secure probable cause required for the issuance of a search warrant ,
e. To obtain information for the purpose of interrogating suspects.

110.WHAT ARE THE KINDS OF SURVEILLANCE?

a. Surveillance of places
b. Tailing or shadowing
c. Undercover investigation or roping (CiriloTradio)

111.WHAT ARE THE TYPES OF SURVEILLANCE?

a. Covert surveillance-when the subject is not aware that he is being observed.
b. Overt surveillance- when the subject is aware that he is being tailed (Atty
Rodolfo M Garcia)

112.OTHER TYPES OF SURVEILLANCE

a. Fixed surveillance- watching a house or building
b. Moving surveillance- on foot or by motor vehicle (Atty Rodolfo M Garcia)

113.SURVEILLANCE OF PLACES.
The crimes which requires this type of surveillance are gambling, abortion,
prostitution, illegal sale of drugs or alcohol ,dishonesty among employees or infidelity
in a divorce.

114.WHAT ARE THE OBJECTIVES OF SURVEILLANCE OF PLACE?

a. To detect criminal activities
b. To discover the identities of person who frequent the establishment and to
determine their relationship.
c. To discern evidence of a crime or to prevent the commission of a crime
d. To obtain evidence of a crime or to prevent the commission of a crime
e. To provide a basis for obtaining a search warrant
f. To apprehend person in the commission of an offense

115.HOW DO YOU CONDUCT SURVEILLANCE OF PLACE AND WHAT ARE THE TWO TYPES
A careful survey of the surrounding area should be made .the character of the neighborhood
,the residents and the transient should be noted .the observation point should be selected
.
Two types of place surveillance are:
a. Using a room in a nearby house or business establishment and remaining under
cover
b. Remaining outdoors and posing as a person who would normally conduct his
business in such an area ,i.e a labor carpenter,streetvendor,etc.

116.NAME OF EQUIPMENTS USED IN THE SURVEILLANCE OF A PLACE.

a. Picture camera with telephoto lenses
b. Binoculars
c. Tape recording apparatus
d. Wire taping device
e. Other recording instruments

117.SHODOWING OR TAILING
It is the act of following a person .its objective are
a. To detect evidence of criminal activities
b. To establish the association of a suspect
c. To find a wanted person
d. To protect a witness

118.There are three types of shadowing employed, depending upon the objective of
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.

119.WHAT ARE THE DON’T’S IN FOOT SURVEILLANCE?

a. Never meet the eyes of the subject to avoid suspicion .if the subject makes an
abrupt turn ,avoid a face to face confrontation by looking elsewhere away from the
face of the subject.
b. Avoid lurking ,sleuthing and creeping manner don’t lurk in doorways,stalkingbehing
the subject ,crouch and sneak around corners.all of those will attract attention.
c. Don’t wear fiction story disguise such as whiskers,artificial noses or scars and
faked deformities such as limping,or artificial mannerism .to the amateur ,these
disguises could easily be discoverered by the ordinary street people .to the
professional ,although effective for a short time ,will not last long.
d. Never carry noticeable notebooks,brief case or other objects
e. Don’t greet fellow officers or allow them to greet you by way of signals like
blocking the lips with fingers
f. Don’t make entries or notes in your notebook ostensibly or display publicly.

120.WHAT ARE THE DIFFERENT METHODS OF SHADOWING BY FOOT?

a. One man shadow- this is the most common because it involves the use of least number
of men .in this type of surveillance the shadower will fallow the subject,making
notes unostensibly of all that the subject does. He will record all
contacts ,description of persons encountered ,place visited ,time spent at various
places ,routes taken. Etc. he will keep out of the subject sight as much as
possible without being obvious about it.
b. The two man shadow- is a more advantageous method in that it permits a change of
immediate shadowers so that the two men alternate and are less likely to be
recognized. The shadowers may be called A and B .the subject is called S.A will
follow behind S. B will follow A or may keep abreast of S on the opposite side of
the street providing condition permits.
c. The three man shadow- is known as the abc method .Here there are three shadowers on
the subjects .it enables the shadower to vary positions; there is less danger of
the shadowers being made there is less danger of losing the subject .A will follow
S B will follow A.C will walk on the opposite side of the street abreast of S. A
and C exchange places when S walks around a corner .A and C keep S in sight .when
the street is to wide or the crowd is to heavy and C is unable to observe S from
the opposite side of the street ,C will walk in advance of S . the disadvantage is
that C must look back to watch the subject .C may make use of show windows to
observe the reflection of the people on the sidewalk .by this means he may be able
to observe S without having to look back.
d. The leapfrog method- may be used in attempting to locate the hideout of a subject
who is trying to avoid surveillance .the shadowers watches the subject from a
vantage point without moving after the subject .the following day the shadower
takes up the watch from the point at which the subject was last seen.this is kept
up until the subject is spotted close enough to his house or hideaway so that a
fixed surveillance on the house can be made .the leapfrog method wastes a good deal
of time .it is easy to lose the subject through a change of route .thsi method is
used only as a last resort.
e. The open shadow-is a method of surveillance that is used to good advantage in
affecting the subject psychologically. Usually tow men are used as
shadowers,sometimesthree.number one shadow pick up the subject and tails him in
such a manner as to give his activities away to the subject .He wants the subject
to recognize him as a tail.Number two shadow remains in the background .when
number one shadow is certain the subject has made him ,he permits the subject to
lose him .the subject ,not seeing the number one shadow any longer ,assumes he is
no longer under surveillance and proceed about his business with little
caution .however shadow number two continues the surveillance.
 f. An automobile surveillance –may be necessary and requires careful preparation .if
the subject uses an auto .the shadower must do the same .the vehicles used by the
shadower must be rather non descript,preferably rented vehicles since they can be
changed often .the license plates must be anonymous if the car used in shadowing
are official vehicles .the tail car may be change several times a day. In this
way ,the chances of being made are lessened .it is preferred that there be three
men in a shadow car ,Number one man is the driver ,number two watches for the
convoy:number three takes notes.the notes include the time ,place of every act and
every contact of the subject vehicle and its passengers .complete descriptions are
made of all persons contacted if their identities are unknown .
If the number two man catches a convoy,then the tail job is switched to the convoy
car .the driver will avoid attracting attention by driving a normal speed in a
reasonable manner .He will avoid unnecessary turning ,twisting ,starting ,stopping
and other maneuvers.
When the subject leaves his vehicle ,number two and three leave the shadow car and
take up the surveillance on foot .number one man remain with the car.

121.ROPING OR UNDERCOVER WORK

It is a form of investigation in which the investigator assumes a different and
unofficial identity in order to obtain information .the general objective of an
undercover investigation is to obtain more information .

122. ARREST DEFINED

Arrest is the taking of a person into custody so he can answer for the commission of an
offense .

123.WHO ARE EXEMPT FROM ARREST?

a. Senators or Members of the house of Representative ,while the Congress is in
session ,in all offenses punishable by not more six 6 years imprisonment(sec
11,Art VI ,1987 Constitution)
b. Diplomatic officials and their domestic (Rep Act No. 75)

124. DUTY OF ARRESTING OFFICER.

It shall be the duty of the officer executing the warrant without
unnecessary delay to arrest the accused and to deliver him to the nearest police station.
or jail. (Sec.3.Rule 113,Rules of court)

125. TECHNIQUES IN MAKING ARREST.

A. Initial contact with subjectA.1.investigator/operative-identifies himself in clear and
audible voice
a.2. show identification.
a.3. inform the subject that he is under arrest
a.4. consider the possibility that the subject is wanted for other crimes

126. METHOD OF ARREST

a.With warrant of arrest- the officer shall inform the person to be arrested of the cause
of the arrest and of the fact that a warrant has been issued for his arrest ,except when
he flees ,forcibly resist before the officer has an opportunity so to 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 ,if the person arrested so
requires ,the warrant shall shown to him as soon as practicable.
b. without warrant- the officer shall inform the person to be arrested of his authority
and the cause of his arrest ,unless the person to be arrested is then engaged in the
commission of the offense or is pursued immediately after its commission or after an
escape,or flees or forcibly resist before the officer has an opportunity so to inform
him,or when the giving of such information will imperil the arrest.

127. INVESTIGATOR/OPERATIVE’S CONDUCT

a. be natural and pleasant but forceful and aggressive.
b. dominate the situation.
c. voice must command authority
d. Demand prompt and absolute obedience
e.nervousness and should be controlled
f. avoid acting tough as the subject will the first to detect it.
g. avoid profanity (this reflect personality weakness)
h. avoid being reticent or apologetic.
i. avoid unnecessary conversation
j. investigator in charged does not the talking and gives the commands

128. LIFE OF A WARRANT OF ARREST.

A warrant of arrest if not served within the statutory period ,remain valid unless
recalled by the issuing court ,or if the accused is arrested or has voluntarily submitted
himself to the jurisdiction of the issuing court ,unlike a search warrant which has a
lifetime of only ten (10) days from its date of issuance.
129. WHEN ARREST MAY BE LEGALLY EFFECTED .
a. In general ,an arrest can be validly effected only upon lawful order or warrant of a
competent court or judge
b. Lawful Warrantless arrest-
1. when in the law enforcers presence the person to be arrested has committed is
actually committing ,or is attempting to commit an offense. (See the case of
Umil V Ramos G.R No 81567 ,under appendix A2)
2. when an offense has in fact been just been committed ,and the officer has
personal knowledge of facts indicating that the person to be arrested has
committed it.(Sec 5 (b) ibid) See the case of Nazareno v station Commander
G.R No.86332,October 3,1991 under Appendix A,2)
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 temporarily
confined while his case is pending ,or has escaped while being transferred
from one confinement to another.
4. 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.(Sec 13 ,ibid)
5. When the arrest is made by a bondsman for purpose of surrendering the accused
(sec 20 ,Rule 114)
6. When the accused released on bail attempts to leave the country without court
permission.
7. Violation of conditional Pardon punishable under art 159 of the RPC as a case
of evasion of service of sentence.

130.PLANNING THE ARREST

a. This is a responsibility of the chief team leader or officer acting in his absence.
b. if the arresting party is composed of two or more members,somebody must be placed in
charged ,preferably the most experienced.
c. Consider the arresting party and covering party
d. Consider the protection of innocent and bystanders
e. Prevent escape of subject
f. Make a discreet reconnaissance of the area
g. Determine weapons and equipment needed
h. Consider superiority of manpower and firepower
i. Make the plan simple enough to be understood by the least experienced
operative /investigators
j. Consider the element of surprise (daybreak has proven satisfactory for a number
of successful arrests)
k. Consider speed in the execution of the plan
l. Consider the overall coordination
m. Consider concealment or cover that might be available both effecting the arrest
and removing the subject from the building
n. The briefing officer should ask the participants if they have any questions
regarding the plan.

131.WHO MAY EXECUTE ARREST?

Among the others members of the PNP and the NBI may effect arrest.

132. HOW TO EFFECT ARREST?

a. Ingeneral.An arrest is made by an actual restraint of the 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.and the person to be
arrested shall not be subjected to any greater restrain than is necessary for his
detention.(Sec 2 Rule 113)
B, Making arrest
1. Use good judgment in connection with the arrest
2. Assume that the subject is armed and will take your life if given an
opportunity
C, Arrest on the street
1. This should be made from the side or rear when possible
2. Subject should be forced toward a building
D, Arrest at home ,office or business establishment.
1. Restrict the subject movement ,do not grant request for personal privileges
before being searched.
2. Clothing and other things requested should be examined for weapons or items
of evidence before turning them over to the subject.

133. TERRITORIAL EFFECTIVITY OF WARRANT OF ARREST

Warrant of arrest issued by Metropolitan Trial court ,Municipal Trial Court or Municipal
Circuit Trial Court can be served anywhere in the Philippines without a certification by a
judge of the Regional Trial Court.(supreme court circular no 14,22,Oct 85)

134. DUTY OF PERSON MAKING AN ARREST WITHOUT A WARRANT ?

Any person making an arrest on legal grounds shall ,without unnecessary delay and within
the time prescribed under Art.125 of the RPC,take the person arrested to the proper court
or judge for appropriate action ,However ,it is not the physical delivery of the arrested
person that is required under Art 125 of the RPC ,but the filing of an information against
the arrested person in the proper court ,where the judge has the authority to issue an
order of release or confinement .

135. Periods within which person arrested without a warrant should charge in the proper
forum: Executive Order No 272 dated 25 July 1987,amended article 125 of the RPC by
extending the period authorized to detain a person prior to delivery to the judicial
authority ,to wit :6 to 12 hours for crimes or offenses punishable with light penalties;
nine (9) to eighteen (18) hours for crimes punishable with correctional penalties ;and
eighteen (18) to thirty six (36) hours for crimes or offenses punishable with afflictive
or capital penalties.
136.RIGHT OF ATTORNEY OR RELATIVE TO VISIT PERSON ARRESTED .
Any member of the bar shall at the request of the person arrested or of another on his
behalf ,have the right to visit and confer privately with such person ,in jail or any
other place of custody at any hour of the day or in urgent cases ,of the night. This right
shall be exercised by any relative of the person arrested subject to reasonable
regulation.
Executive Order No 155 ,dated 30 March 1987,amending Republic act No 857,penalize any
public officer who deprives a person of his right to counsel .the penalty shall be
prisioncorreccional or imprisonment of 6 months and 1 day to 6 years.

137. MEDICAL EXAMINATION OF ARRESTED PERSON

Immediately after the arrest of a person ordered arrested by the court ,or of a suspect
under investigation ,he should be subjected to a medical examination .Prior to his release
or any change of custody ,the suspect should also be medically examined by a medico legal
officer or,in the absence of such medico legal officer,by any government physician in the
area.

138.SUMMONING ASSISTANCE FOR THE ARREST

Any officer making a lawful arrest may be verbally summon as many persons as he deems
necessary to aid him in making the arrest .Every person so summoned shall aid him in the
making of such arrest ,when he can render such aid without detriment to himself

139. RIGHT OF PERSON ARRESTED .

Republic act NO 7438 states the rights of a person arrested ,detained or under custodial
investigation.

140. SEARCH DEFINED

Search is an examination of an individual’s person ,house papers or effects ,or other
buildings and premises to discover contraband or some evidence of guilt to be used in the
prosecution of a criminal action.

141. SEARCH WARRANT DEFINED

A search warrant is an order in writing issued in the name of the People of the
Philippines ,signed by a Judge and directed to a peace officer ,commanding him to search
for personal property described therein and to bring it before the court.(Sec 1 Rule126 )

142. PERSONAL PROPERTY TO BE SEIZED

A search warrant may be issued for the search and seizure of the following personal
property:
a. Property subject of the offense
b. Property stolen or embezzled and other proceeds or fruits of the offense
c. Property used or intended to be used for committing an offense (Sec 2 ibid)

143. PROBABLE CAUSE FOR SEARCH WARRANT

144.MAY THINGS ILLEGALLY SEIZED BE ADMITTED IN EVIDENCE?

The fruits of an illegal search are inadmissible as evidence .any evidence
obtained in violation of the right of the people against unlawful searches and seizure
shall be inadmissible for any purpose in any proceeding .

145. MAY ARTICLES NOT MENTIONED IN THE SEARCH WARRANT BE SEIZED?

Generally ,articles not included in the search warrant may not be seized,However,articles
prohibited by a statute although not included in the search warrant ,may be seized,Thus,if
during the progress of a bonafide search for other commodities illegally
possessed ,whether with search warrant or not,contraband or itemsdeclared as illegal per
se are discovered ,the contraband can be seized .the seizure of goods ,the possession of
which is forbidden by statute,violates no constitutional right of the accused.

146.HOW TO SERVE A SEARCH WARRANT.

A search warrant must be served within ten 10 days from its date thereafter it shall be
void (Sec 9,Rule 126) in the following manner.
a. The police officer concerned must go to the place indicated in the search warrant
and take the things describe therein ,in the presence of at least one competent
witness who is a resident neighborhood .if he is refused admittance to the place
of search after giving notice of his purpose and authority, he may force himself
into execute the warrant ;and if he is detained therein ,He may force himself out
to liberate himself.
b. The search must be made at daytime, unless otherwise stated
c. The officer seizing the property must issue a detailed receipt of the things
seized to the person in whose possession it was found, or in the absence of such
person ,he must ,in the presence of at least one witness leave such receipt in
the place where such things were seized.

147. LAWFUL WARRANT SEARCHES AND SEIZURE:

a. when there is consent or waiver to be a valid waiver .the right must exist,the
owner must be aware of such right,and he must have an intention to relinquish it.
b. When evidence to be seized is in plain view.The discovery of the evidence must be
inadvertent or unintentional.
c. Custom search or searches made at airport/seaport in order to collect
duties .This warrantless search is allowed due to urgency.
d. Search of moving vehicle may be made without a warrant because it would be
impracticable to secure a warrant a warrant before engaging in hot pursuit.
e. Routine searches made at or in the interest of national security,such as boarder
checks or checkpoints.
f. Stop and search or stop and frisk, where the search provides the arrest ,and is
allowed on grounds of reasonable suspicion.
g. 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 commission of
an offense without a search warrant.
148.TYPES OF SEARCHES
a. Wall search. The purpose is to place the subject in an off balance position
requiring the use of both arms and legs to keep him from falling to the
ground .this is the safest type of search .It does not necessary require a wall
any object that can support the weight of the subject can be used .the procedure
are:
1. Require subject to place both hands on the wall slightly higher than his
waist. Spreads hands as far apart as possible .Palms should be placed against
the wall ,fingers extended.
2. Extended the subject ‘s fees back away from the wall as far as
possible .Spread them as far apart.as possible ,toes pointed out, Buttocks
should not be on an arched position.
3. The subject’s head should be down or bowed at all times.
4. Mechanics in executing the wall search
a. If there is only one subject ,the leader of the search should place himself
at one side .while his subordinate is on the other side .
b. To search the other side ,the subordinate should move to the opposite side
c. If there are two or three subjects ,move one subject to be searched on the
wall ,but out of the others
d. Search both sides of subject ,the leader conducting the searches and the
subordinate guarding the other subjects.
e. Move one subject at a time
f. Subject’s head should be down at all times
g. The subordinate should concentrate on the action of the subject and not the
action of the leader
h. When there are more than three subjects additional personnel should be
summoned
i. In serious apprehensions ,the searcher should hold his weapon in ready
position throughout the search.
j. The body must be systematically with the foot of the searcher placed
tightly against subjects’s foot right with right.left with left,anklebone
against anklebone.
b.Standing search-

1.raise subject’s hand over his head and spread his feet as far apart as possible.
2. this is not recommended because the subject is in an on balance position.
c. Kneeling search.
1.subject kneels on the ground with hands raised over his head.
2. this is also discouraged for the same reason as the standing search.
d. Prone search
1. Subject lies on his stomach with arms and legs outstretched
2. Subject has both arms and legs free and is at all times in an on balance
position
3. Front part of clothing can not be searched
4. This can be extremely dangerous if the subject has knowledge of judo.

149. METHODS OF RESTRAINT:HANDCUFF

a. This is the best method of restrain .if applied properly ,it is a good
preventive measure ;if improperly applied ,it could be dangerous
b. How handcuff are applied :
1. Take position directly behind the subject
2. The handcuff is applied when the subject has placed his hand on the
small of his back
3. Do not reach out for the hands of the subject as it will provide him
with an opportunity to grasp the hand of the investigator and throw him
off balance.
c. When applying handcuffs ,give the following orders to the subject and
fallow this procedure:
1. First order- take your right hand off the wall and place it on the
small of your back, fasten the handcuff to his hand and firmly hold the
other handcuff
 2. Second order-Move up and put your hand against the wall .allow the
subject to move closer to the wall ,making certain his feet remain back
enough to keep him off balance.
3. Third order- take your other hand off the wall and place it on the
small of your back .fasten the other hand cuff and double lock both
handcuffs
4. Final order-stand up and face the wall ,help the subject in doing this.

150.TRANSPORTING PRISONER
a. If transported by jeep ,the subject is seated on the right rear seat and the
police seat at the rear on the left side facing the subject ,secure the
hands of the subject under his knees.
b. If transported by car ,the subject is seated on the left rear seat and the
investigator sits on the right rear seat hands of the subject should be
secured under his knees.

151. MUG SHOT AND FINGERPRINTS

Arresting units shall at all times take the mugshots and fingerprints of all arrested
persons copies thereof shall be provided to the PNP crime laboratory.

152.FINGERPRINTING AND PHOTGRAPHING OF JUVENILE

While under investigation ,No juvenile in conflict with the law shall be fingerprinted or
photographing the juvenile .
His fingerprint and photograph files shall be kept separate from those adults and shall be
kept confidential .they may be inspected by law enforcement officers only when necessary
for the discharge of their duties and upon prior authority of the family court.
His fingerprint and photographs shall be removed from the files and destroyed :((1) if the
case against him is not filed ,or is dismissed or when the juvenile reaches twenty one
(21) years of age and there is no record that he committed an offense after reaching
eighteen (18) years of age.

153.OTHER TERMS
1.INTERPOL- whose correct full name is the international Criminal Police organization
(ICPO) has participated in disseminating information related to stolen or seized property.
2. FORENSIC PHOTOGRAMETRIC-is the technique of extrapolating three dimensional measurement
from two dimensional photographs. Photogrammetry can also automatically orient Photographs
taken from awkward angles and can correct for camera misalignment .Furthermore this
technique can cut in half the amount of time investigators spend performing on site
mapping of a crime scene .the major advantage is that images can be recorded
quickly ,reducing time spent at the crime scene.
3. CUSTODIAL INVESTIGATION –is the questioning initiated by law enforcement officer after
a person has taken into custody or otherwise deprived of his freedom of action in any
significant way.
Under section 2 (C) of RA No 7438- as used in this act ,custodial investigation ,shall
include the practice of issuing an invitation to a person who is investigated in
connection with an offense he is suspected of having committed ,without prejudice to the
liability of the inviting officer for any violation of the law.
4.THE EXCLUSIONARY RULE- under the 1987 constitution ,any confession or admission in
violation of the constitution shall be inadmissible in evidence against him .Under section
3 (2) evidence obtained in violation of search and seizure shall be inadmissible for any
purpose in any proceeding .
5. THE FRUITS OF THE POISONOUS TREE DOCTRINE all evidence derived from an illegal search
must be suppressed, Established that evidence obtained as a result of an earlier
illegality must be excluded from trial.the fruits of the poisonous tree is likewise, known
as the but for or taint doctrine which means that evidence would not have come to light
but for the illegal action of the police.
6. THE INEVITABLE DISCOVERY DOCTRINE- established that if illegally obtained evidence
would in all likelihood eventually have been discovered legally, it may be used.
7. THE GOOD FAITH EXCEPTION- established that illegally obtained evidence may be
admissible if the police were truly not aware they were violating a suspect’s fourth
amendments rights.
8.THE TOTALITY OF THE CIRCUMSTANCES TEST- This is a principle upon which a number of
legal assessment are made; it refers to the sum total of factors leading a reasonable
person leading a course of action .
9. KNOCK AND ANNOUNCE RULE- The knock and announce rule requires officers serving a search
warrant to knock, announce themselves and wait a reasonable length of time before
attempting entry.
10. ANTICIPATORY SEARCH WARRANT- as one based on affidavit showing probable cause that at
some future time certain evidence of crime will be located at specified place. A search
warrant can be procured based on prior knowledge that an illegal product or substance will
be delivered.
11. THE LAND MARK DECISION IN TERRY V,OHIO (1968) established police officers right to
patdown or frisk a person they have stop to question if they believe the person might be
armed and dangerous.

GENERAL PRINCIPLES OF INVESTIGATION

(PNP INVESTIGATIVE MANUAL)

154. DEFINITION OF INVESTIGATION

Investigation is the collection of facts to accomplish a three-fold aim:
a. to identify the suspect;
b. to locate the suspect; and
c. to provide evidence of his guilt.

In the performance of duties, the investigator must seek to establish the six (6)
Cardinal Points of Investigation, namely: What specific offense has been committed; How
the offense was committed; Who committed it; Where the offense was committed; When it was
committed; and Why it was committed?
Criminal Investigation is an Art, not a science. But we must treat it partially as a
science in order that we will be guided by the general principles and concepts; the
provisions of laws pertinent to our Criminal Justice System and the application of general
science as an aid in the solution of the case. 155.CRIMINAL INVESTIGATOR –A public safety
officer who is tasked to conduct the investigation of all criminal cases as provided for
and embodied under the Revised Penal Code/Criminal Laws and Special Laws which are
criminal in nature. A well-trained, disciplined and experienced professional in the field
of criminal investigation duties and responsibilities.

156.TOOLS OF AN INVESTIGATOR IN GATHERING FACTS

a. Information – Data gathered by an investigator from other persons including the victim
himself and from:
1. Public records;
2. Private records;
3.Regular Sources
3. Modus Operandi file.
4. Cultivated Sources – information furnished by informants or informers
b. Interrogation – Skillful questioning of witnesses and suspects.
c. Instrumentation – Scientific examination of real evidence, application of instrument
and methods of the physical sciences in detecting offender.

157.TOOLS OF AN INVESTIGATOR IN GATHERING FACTS.

The main objective of a police investigator is to gather all facts in order to:
Phase I- Identify the suspect/s through
(1) confession;
(2) eyewitness testimony,
 (3) circumstantial evidence; and
(4) associate evidence;
Phase II - Locate and apprehend suspect/s;
Phase III - Gather and provide evidence to establish the guilt of the accused.
In proving the guilt of the accused in court, the fact of the existence of the crime
must be established;
a. the accused must be identified and
associated with the crime scene;
b. competent and credible witnesses
must be available; and the
c. physical evidence must be
appropriately identified.
d. The investigator must know by heart the elements of a specific crime.
158. PHYSICAL EVIDENCE –Evidence addressed to the senses of the court that are capable of
being exhibited, examined, or viewed by the court. This includes but not limited to
fingerprints, body fluids, explosives, hazardous chemicals, soil/burned debris, bombs,
electronic parts used in the commission of the crime.
Kinds of Physical Evidence
a. Corpus Delicti– These are the object or substances, which constitute the essential
parts or elements of the commission of the crime. It is sometimes called the body of
the crime.
b. Associative Evidence- Pieces of evidence which will link the suspect to the crime
scene, such as fingerprint, foot or shoe impressions, etc.
c. Tracing Evidence- Article which assist the investigator in locating the criminal.
Stolen goods in the possession of the suspect is one of the examples.

159. CIRCUMSTANTIAL EVIDENCE– Evidence of circumstances which are strong enough to cast
suspicion upon the defendant and which are sufficiently strong to overcome the presumption
of innocence, and to exclude every hypothesis except that of the guilt of the defendant.

160. CORROBORATIVE EVIDENCE– Additional evidence of a different kind and character tending
to prove the same point.
STANDARD METHODS OF RECORDING INVESTIGATIVE DATA
a. Photographs;
b. Sketching crime scenes;
c. Written notes (what you have seen or
observed);
d.Developing and lifting fingerprints found at the crime scene;
e. Gathering physical evidence;
f. Plaster cast;
g. Tape recording of sounds;
h. Video tape recording of objects; and
i. Written statements of subject(s) and
witnesses

161.PROTOCOLS IN INVESTIGATION
Protocol 1: Jurisdictional Investigation by the Territorial Unit Concerned
The Police Station, which has territorial jurisdiction of the area where the crime
incident was committed, shall immediately undertake the necessary investigation and
processing of the crime scene, unless otherwise directed by higher authorities for a
certain case to be investigated by other units/agency
Protocol 2: Official Police Blotter
 a. APolice Blotter is an 18” x 12” logbook with hard-bound cover that contains the
daily register of all crime incident reports, official summary of arrests, and other
significant events reported in a police station.
b. As a general rule, all crime incidents must be recorded in theofficial police
blotter.
c. A separate Police Blotter, however, shall be maintained for offenses requiring
confidentiality like violence against women and children and those cases involving a
child in conflict with the law to protect their privacy pursuant to R.A. 9262 (Anti-
Violence Against Women and Children Act of 2004) and R.A. 9344 (Juvenile Justice and
Welfare Act of 2006).
Protocol 3: Investigation Team: Organization and Equipment
a. All investigators in any police unit must be a graduate of prescribed
investigation course with a rank of at least PO2 (pre-requisite to assignment).
b. Composition:
 1. Team Leader;
 2. Investigator/recorder;
 3. Photographer;
 4. Evidence custodian; and
 5. Composite Illustrator/Artist
c. Equipment of the investigator:
1. Police line;
2. Video camera;
3. Voice recorder;
4. Camera;
5. Measuring device;
6. Gloves;
7. Flashlight;
8. Fingerprint kit;
9. Evidence bag;
10. Evidence tag;
11. Evidence bottles/vials; and
12. Investigator’s tickler (contains the following)
a) Investigator’s checklist
b) Anatomical diagram form
c) Evidence checklist
d) Turn-over receipt
Protocol 4: Duties of the First Responder

a. Proceed to the crime scene to

validate the information received;
b. Record the exact time of arrival and all pertinent data regarding the incident in
his issued pocket notebook and notify the TOC;
c. Cordon off the area and secure the crime scene with a police line or whatever
available material like ropes, straws or human as barricade to preserve its
integrity;
d. Check whether the situation still poses imminent danger and call for back up if
necessary.
e. Identify possible witnesses and conduct preliminary interview and ensure their
availability for the incoming investigator-on-case;
f. Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing,
make appropriate notification for dragnet operations;
g. Prepare to take the “Dying Declaration” of severely injured persons with the
following.
requisites:

1. That death is imminent and the declarant is conscious of that fact;

2. That the declaration refers to the cause and surrounding circumstances of such
death;
10. Evidence tag;
 11. Evidence bottles/vials; and

3.That the declaration relates to facts which the victim is competent to testify to; and
4. That the declaration is offered in a case wherein the declarant’s death is the subject
of the inquiry. (Section 37, Rule 130 of the Rules of Court).
h. Evacuate the wounded to the nearest hospital using emergency services;
i. Account for the killed, wounded and arrested persons for proper disposition;
j. Conduct initial investigation; and
k. Brief the investigator-on-case upon arrival and turn over the crime scene.
l. Conduct inventory on the evidence taken at the crime scene; Inventory receipt should be
properly signed by the first responder, SOCO and the investigator.

Protocol 6: Investigation of Suspects

a. Procedures when arrest is made
1. Secure the person arrested (handcuff at the back);
2. Inform the arrested person on the cause of his arrest and his rights as provided
for in the Constitution;
3. Conduct thorough search for weapons and other illegal materials against the
suspect/s;
4. Use reasonable force in making arrest;
5. Confiscated evidence shall be properly documented and marked;
6. Bring the arrested person to the Police Station for investigation.
b. Booking Procedures of the Arrested Person/Suspect
1. The arrested suspect shall be fingerprinted, photographed and subjected to
medical examination to include liquor and drug tests.
2. Conduct record check.

Protocol 7: Taking of Sworn Statements of Suspects

The execution of a suspect’s “WAIVER” as stipulated in Art 125 of the RPC shall
always be done in the presence of his chosen counsel or any independent counsel.
Article 125. Delay in the Delivery of Detained Persons to the Proper Judicial
Authorities
- The penalties in the next preceding article (Art 124) shall be imposed upon the
public officer or employee who shall detain any person for some legal ground and shall
fail to deliver such person to the proper judicial authorites within the ff period of;
12 hrs --- light penalties or their equivalent
18 hrs --- correctional penalties or their equivalent
36 hrs ---- afflictive or capital penalties or their equivalent
Protocol 9: Preparation of Reports and Filing of Charges
The Investigator-On-Case shall submit the following:
a. Spot Report within 24 hrs to HHQ;
b. Progress Report;
c. After Operation Report;
d. Final Report after the case is filed before the prosecutor’s office/court; and
e. Accomplishment Report.
c. If the suspect is arrested at the scene:
1. Get the names of the persons who turned-over or arrested the suspect.
2. Isolate the arrested suspect/s and separate them from any probable witness of the
incident.
3. Record what time the suspect was arrested.
4. Wait for the investigator to interview the suspect.
5. If the suspect volunteers any statement, take note of the time, location and
circumstances of the statements.
Investigation Procedure at the Crime Scene
a. Upon arrival at the crime scene
1. Receive the crime scene from the first responder.
2. Record time/date of arrival at the crime scene, location of the scene, condition
of the weather, condition and type of lighting, direction of wind and visibility.
 3. Photograph and/or video the entire crime scene.
4. Before entering the crime scene, all investigators must put on surgical gloves.
5. Before touching or moving any object at the crime scene in a homicide or murder
case, determine first the status of the victim, whether he is still alive or already
dead. If the victim is alive, the investigator should exert effort to gather
information from the victim himself regarding the circumstances of the crime, while
a member of the team or someone must call an ambulance from the nearest hospital.
Before removing the victim, mark, sketch and photograph his/her relative position.
Only a coroner or a medical examiner shall remove the dead body unless unusual
circumstances justify its immediate removal.
b. Recording
The investigator begins the process of recording pertinent facts and details of the
investigation the moment he arrives at the crime scene. (He should record the time when
he was initially notified prior to his arrival). He also writes down the identification
of persons involved and what he initially saw. He also draws a basic sketch of the crime
scene and takes the initial photograph(if a photographer is available, avail his
services). This is to ensure that an image of the crime scene is recorded before any
occurrence that disturbs the scene.
As a rule, do not touch, alter or remove anything at the crime scene until the
evidence has been processed through notes, sketches and photograph, with proper
measurements.
c. Searching for evidence
1. Each crime is different, according to the physical nature of the scene and the
crime or offense involved.
A general survey of the scene is always made, however, to note the locations of
obvious traces of action, the probable entry and exit points used by the offender(s)
and the size and shape of the area involved.
2. In rooms, buildings, and small outdoor areas, a systematic search of evidence is
initiated (In the interest of uniformity, it is recommended that the clockwise
movement be used.) The investigator examines each item encountered on the floor,
walls, and ceiling to locate anything that may be of evidentiary value.
3. You should give particular attention to fragile evidence that may be destroyed or
contaminated if it is not collected when discovered.
4. If any doubt exists as to the value of an item, treat it as evidence until proven
otherwise.
5. Ensure that the item or area where latent fingerprints may be present is closely
examined and that action is taken to develop the prints.
6. Carefully protect any impression of evidentiary value in surfaces conducive to
making casts or molds. If possible, photograph the impression and make a cast or
mold.
7. Note stains, spots and pools of liquid within the scene and treat them as
evidence.
8. Treat as evidence all other items, such as hairs, fibers, and earth particles
foreign to the area in which they are found; for example, matter found under the
victim’s fingerprints.
9. Proceed systematically and uninterruptedly to the conclusion of the processing of
the scene. The investigator has returned to the point from which the search began.
10. Further search may be necessary after the evidence and the statements obtained
have been evaluated.
11. In large outdoor areas, it is advisable to divide the area into strips about
four (4) feet wide.
 12. It may be advisable to make a search beyond the area considered to be the
immediate scene of the incident or crime
13. After completing the search of the scene, the investigator examines the object
or person actually attacked by the offender.
14. In a homicide case, the position of the victim should be outlined with a chalk
or any other suitable material before the body is removed from the scene. If the
victim has been pronounced dead by a doctor or is obviously dead, it is usually
advisable to examine the body, the clothing and the area under the body after the
remainder of the scene has been searched.
This is to enable the policeman/investigator to evaluate all objects of special interest
in the light of all other evidence found at the scene.
d. Collection of Evidence
This is accomplished after the search is completed, the rough sketch finished and
photographs taken. Fragile evidence should be collected as they are found.
All firearms (FAs) found to have tampered serial numbers (SNs) shall be
automatically subjected to macro etching at the Philippine National Police Crime
Laboratory (PNP-CL).
A corresponding request to the Firearms and Explosive Office (FEO) must be made for
verification purposes. The investigator places his initials, the date and time of
discovery on each item of evidence for proper identification. Items that could not be
marked should be placed in a suitable container and sealed.
e. Markings of Evidence
Any physical evidence obtained must be marked or tagged before its submission to the
evidence custodian. These are information to ensure that the items can be identified by
the collector at any time in the future.
This precaution will help immeasurably to establish the credibility of the
collector’s report or testimony and will effectively avoid any suggestions that the item
has been misidentified.
Markings on the specimen must at least contain the following:
1. Exhibit Case Number
2. Initials and or signature of the collecting officer.
3. Time and date of collection.
NOTE: It is also important to note the place or location where the evidence was
collected.
g. Preservation of Evidence
It is the investigator’s responsibility to ensure that every precaution is exercised
to preserve physical evidence in the state in which it was recovered/ obtained until it
is released to the evidence custodian.
h. Releasing of Evidence
All collected evidence can only be released upon order of the court or prosecutor,
as the case maybe.
i. Chain of Custody
A list of all persons who came into possession of an item of evidence, continuity of
possession, or the chain of custody, must be established whenever evidence is presented
in court as an exhibit. Every person who handled or examined the evidence and where it
is at all times must be accounted for.
As a rule, all seized evidence must be in the custody of the evidence custodian and
deposited in the evidence room or designated place for safekeeping.

j. 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, and to prevent exclusion
as evidence in court. With these in mind, the following principles 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 specimens.
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen separate from others so there will be no intermingling or
mixing of known and unknown material. Wrap and seal in individual packages when
necessary.
5. Mark or label each of evidence for positive identification as the evidence taken
from a particular location in connection with the crime under investigation.
6. The chain of custody of evidence must be maintained. Account for evidence from
the time it is collected until it is produced in court. Any break in this chain of
custody may make the material inadmissible as evidence in court.
162.METHODS OF CRIME SCENE SEARCH
a. Strip Search Method- In this method, the area is blocked out in the form of a
rectangle. The three (3) Searchers A, B, and C, proceed slowly at the same pace along
paths parallel to one side of the rectangle. At the end of the rectangle, the searchers
turn and proceed along new lanes as shown in the above illustration.
b. Double Strip Search Method
The double strip or grid method of search is a modification of the Strip Search
Method. Here, the rectangle is traversed first parallel to the base then parallel to a
side.
c. Spiral Search Method
In this method, the three searchers follow each other along the path of a spiral,
beginning on the outside and spiraling in toward the center. Known as clockwise or
counter clock wise pattern.
d. Zone Search Method
In this method, one searcher is assigned to each subdivision of a quadrant, and then
each quadrant is cut into another set of quadrants.
e. Wheel Search Method
In this method of search, the area is considered to be approximately circular. The
searchers gather at the center and proceed outward along radii or spokes. One
shortcoming of this method is the great increase in the area to be observed as the
searcher departs from the center. e. Types of sketches:

1. Floor plan or “bird‟s-eye view”;

2. Elevation drawing;
3. Exploded view; and
4. Perspective drawings.
163.Sketch- It is graphic representation of the scene of the crime. With complete
measurements of the relative distances of relevant object and conditions obtaining
therein.
Rough Sketch- made at crime scene without scale of proportion.
Finished Sketch- usually made after the crime scene based on rough sketch and usually
presented in court trial.
a.. Keep the rough sketch even when you have completed the final sketch.
b. Indicate the North direction with an arrow.
c. Draw the final sketch to scale.
d. Indicate the PLACE in the sketch as well as the person who drew it. Use KEY-capital
letters of
the alphabet for listing down more or less normal parts or accessories of the place, and
numbers for items of evidence.
 e. Indicate the position, location and relationship of objects.
f.. Methods or systems of locating points (objects) on sketch:
1. Rectangular coordinates. (Measurements at right angles from each of two walls).
2. Coordinates constructed on transecting base line. Choose relatively fixed points
for your base line.
3. Triangulation. (Measurements made from each of two fixed objects to the point you
want to plot or locate so as to form an imaginary triangle. Sketch will show as many
imaginary triangles as there are objects plotted).
g. Critical measurements, such as skid marks, should be checked by two (2)
investigators.
h. Measurements should be harmony or in centimeters, inches, yards, meters, mixed in
one sketch.
i. Use standard symbols in the sketch.
j. Show which way the doors swing.
k. Show with arrow the direction of stairways.
l. Recheck the sketch for clarity, accuracy, scale, and title, key.
1. Significant Cases:
a) Bombing Incident
b) Initiated terrorist activities
c) Raids, ambuscade, liquidation
d) KFR case e) Armed Robbery of Banks and other
f) Financial institution
g) Calamity/Disaster
h) Massacre
i) Heinous crimes (as defined by law)
j) Murder, Homicide, Arson, Rape
2. Sensational Cases:
a) Elected Public Officials (Brgy Captain up to President of the RP)
b) Appointed public officials with the rank of commissioner, secretary and
undersecretary
c) Foreign diplomat
d) Any foreigner
e) PNP/AFP personnel
f) Former high-ranking government officials
g) Other prominent figures such as movie stars, sports stars, tri-media practitioners,
prominent businessmen, professionals, and prominent leaders of religious organizations.
160. RELEASE OF THE CRIME SCENE
Ensure that appropriate inventory has been provided.
a. Release the scene with the notion that there is only one chance to perform job
correctly and completely.
b. Release is accomplished only after completion of the final survey and proper
documentation.
161.INVESTIGATION OF CRIMES PUNISHABLE UNDER THE REVISED PENAL CODE
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
b. What are the elements of the Crime of Arbitrary Detention? (Art. 124)
1. The offender is a public officer or any private persons conspiring with a public
officer.
2. The person arrested is without warrant of arrest and/or without legal cause or
justified cause.
3. The detention of arrested person exceeds the reglementary period for filing the
charges in court, depending on its gravity.
4. Other analogous acts
162.Warrantless arrest by Police Officer is justified under these circumstances:

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.
163.RA 7438 – RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION
Violations under RA 7438:
a. Any arresting public officer or employee or any investigating officer, who fails
to inform any person arrested, detained or under custodial investigation of his
rights to remain and to have competent and independent counsel preferably of his own
choice; and
b. Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or
any medical doctor or priest or religious minister or by his counsel, from visiting
and conferring privately chosen by him or by any member of his immediate family with
him, or from examining and treating him or from ministering to his spiritual needs.
164.DELAYING RELEASE (Art. 126)
What are the elements of Delaying Release?
1. The offenders are wardens and jailers.
2. There is an order from the court or prosecutor releasing the detained person.
3. The wardens refused or delayed the lawful release of the detained person.
4. Other analogous acts
165. SEARCH WARRANT MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY
OBTAINED (Art. 129)
What are the elements of Search Warrant Maliciously Obtained and Abuse in the Service of
Those Legally Obtained?
1. There is a search warrant whether valid or maliciously
2. The act of procuring a search warrant without cause or serving a search warrant is with
abuse of authority.
4. Other analogous acts NOTES: Requisites for a valid search warrant:
1. There must be probable cause.
2. Probable cause must be determined personally by the judge.
3. The determination must be based on the examination, under oath or affirmation of the
complainant and witness he my produce.
4. It must particularly describe the place to be searched and the person or thing to be
seized.
The warrant may have been lawfully procured but if rules on its implementation are not
observed, any object seized in connection therewith is inadmissible for being “poisonous
fruit of a poisonous tree.”
When can search be made without search warrant.
 1. There is valid waiver.
2. Stop and search
3. Customs searches
4. Plain view
5. Moving vehicles
6. Search incident to lawful arrest
166.SEARCHING DOMICILE WITHOUT WITNESS (Art. 130)What are the elements of Searching
Domicile without Witness?
1. The offender is a public officer who conducted a search without a witness
required by law.
2. There is an act of “planting evidence” that would later be used against the
dwelling owner.
3. The offender is a public officer authorized/deputized to conduct search.
4. Other analogous acts
167. OTHER TERM IN INVESTIGATION
Interview – simple questioning of a person who cooperates /voluntarily give their accounts
about the commission of a crime to the investigator.
Interrogation – It is the process of obtaining an admission or confession from those
suspects to have committed a crime. The terms applies to an uncooperative or recalcitrant
witness.
TACTICAL INTERROGATION REPORT – The report rendered by an interrogator/ investigator which
contains the following information of subjects: a) Personal and family background; b)
Educational background; c) Professional background; d) Criminal activities/ associates,
armaments; e) Plans.
ADMISSION – The term “admission” embraces any statement of fact made by a party which is
against his interest or unfavorable to the conclusion for which he contends or
inconsistent with the facts alleged by him.
CONFESSION – It is an express acknowledgment by the accused in a criminal prosecution of
the truth of his guilt as to the offense charged, while admission refers to statements of
fact not directly constituting an acknowledgment of guilt.
ALLEGED – The word “alleged” or “allegedly” connotes something “claimed”. It leaves the
truth of the averment an open question.
ANTE MORTEM – Before death.
ARREST – It is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
ARSON - Is defined as the intentional or malicious destruction of a property by fire. It
is also defined as the criminal burning of property.
AUTHORITY – A person or persons, or a body, exercising power or command; for those upon
whom the people have conferred authority.
BAIL – a bond given to secure the personal liberty of one held in restraint upon a
criminal or quasi criminal charge.
BAND – A group of more than three armed malefactors who act together in the commission of
an offense.
BURDEN OF PROOF – is the duty of proving the facts in dispute on an issue raised between
the parties in a cause. The burden of proof always lies on the party who takes the
affirmative in pleading. In criminal cases, the burden of proof rests on the prosecutor,
unless a different provision is expressly made by statute.
CADAVER - A corpse or a dead body.
CERTIORARI – The extra-ordinary remedy to correct an actuation of a judge who has acted
without jurisdiction, in excess of jurisdiction or clearly in grave abuse of discretion.
CHILD – Shall refer to a person below eighteen (18) years of age or one is found to be
incapable of taking care of himself fully because of a physical or mental disability or
condition or of protecting himself from abuse.
COMPLEX CRIME – A single act which constitutes two or more grave or less grave felonies,
or an offense which is a necessary means for committing the order.
CONTEMPT – In its broad sense, contempt constitutes a disobedience to the court by acting
in opposition to its authority, justice and dignity.
CONTINUING OFFENSE – A crime in which some acts material and essential thereto occur in
one province and some in another. For example: the crimes of estafa or malversation, and
of abduction. In such a case the court of either province where any of the essential
ingredients of the offense took place has jurisdiction to try the case.
CRIMINAL JURISDICTION – The authority to hear and try a particular offense and impose the
punishment for it.
CRUELTY – Refers to any act by word or deed which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being
CUSTODIAL INVESTIGATION – Investigation conducted by law enforcement officers after a
person has been arrested or deprived of his freedom of action. It includes invitation to a
person who is being investigated in connection with an offense.
CUSTODIA LEGIS – A thing is in “custodialegis” when it is shown that it has been and is
subjected to the official custody of a judicial executive officer in pursuance of his
execution of a legal writ.
DOUBLE JEOPARDY – The rule of double jeopardy means that when a person is charged with an
offense and the case is terminated either by acquittal or conviction or in any other
manner without the consent of the accused, the latter cannot again be charged with the
same or identical offense. .
DUE PROCESS OF LAW – The requirement that no person shall be held to answer for a criminal
offense without “due process of law” simply requires that the procedures fully protect the
life, liberty, and property of the citizens in the State.
EMINENT DOMAIN – The right of a government to take and appropriate private property to
public use.
ENTRAPMENT – While instigation exempts, entrapment does not; the difference between the
two being that in entrapment the crime had already been committed while in instigation the
crime was not yet and would not have been committed were it not for the instigation by the
peace officer.
EVIDENT PREMEDITATION – Evident premeditation involves, in its legal sense, a
determination to commit the crime prior to the moment of its execution.
HABEAS CORPUS – The writ of habeas corpus is the means by which judicial inquiry is made
into the alleged encroachments upon the political and natural rights of individuals, such
as restraint of liberty.
IN ARTICULO MORTIS – At the point of death.
IN FLAGRANTE DELICTO – In the very act of committing a crime.
IPSO FACTO – By the fact or act itself.
JURISDICTION – The word “jurisdiction” as used in the Constitution and statues means
jurisdiction over the subject matter. 
JURISPRUDENCE – The groundwork of the written law. The science of law; the particular
science of giving a wise interpretation to the laws and making a just application of them
to all cases as they arise.
LAST CLEAR CHANCE – A doctrine that a person who has the last clear chance to void the
impending harm and fails to do so is chargeable with the consequences.
MACRO-ETCHING - The examination of the serial number of engine and chassis of a motor
vehicle by means of applying chemicals solution to determine whether there is tampering
and for possible restoration of the tampered serial numbers.
MALA INSE – A wrong act by its nature punished as felonies under the RPC. Example: murder,
rape, etc.
MALA PROHIBITA – A wrong act arising out of doing an act prohibited by special laws.
Example is illegal possession of firearms.
MISFEASANCE or IRREGULARITIES IN THE PERFORMANCE OF DUTY – The improper performance of
some act which might lawfully be done.
MIRANDA DOCTRINE – A principle on the rights of a suspect from forced self-incrimination
during police interrogation as enshrined in the 1987 Philippine Constitution‟s Bill of
Rights (Article III, Sec. 12).
MORAL CERTAINTY – A certainty that convinces and satisfies the reasons and conscience of
those who are to act upon a given matter.
MOTU PROPIO – On its own motion or initiative.
PARENTS PATRIAE – Parent or guardian of the country.
PERSON – Includes natural and juridical persons.
PERSON IN AUTHORITY – Person in authority refers to all those persons who by direct
provision of law or by appointment of competent authority are charged with the maintenance
of public order and the protection and security of life and property.
PROXIMATE CAUSE – It is the cause that directly produces the effects without the
intervention of any other cause.
RES GESTAE – Statement accompanying and explaining the facts in issue. Statements.
RES IPSA LOQUITUR – The thing speaks for itself
VENUE – Venues deals with the locality, the place where the suit may be had, while
jurisdiction treats of the power of the court to decide the case on the merits.
Fundamentals of Criminal Investigation
Give the pupils something to do,
not something to learn;
and the doing is of such a nature as to
demand thinking;
learning naturally results.”
(John Dewey)