CHAPTER IV

BASIC INVESTIGATION REPORTS AND FORMATS

In any specific crime investigation, reports and formats are important to

consider for uniformity and official references in the progress and resolution of cases.
These are standard forms and formats that are made to be used depending on the
case under investigation. The PNP have the forms mentioned and formats in their
respective manuals.

I. INVESTIGATION REPORTS

a. Spot Reports

b. Progress Reports

c. After Operation Reports

d. Final Reports

II. Investigation Formats

a. Case Referrals (Regular Filing and Inquest)

b. Another Format of Case Referral

c. Complaint Sheet (Carnapping)

d. Complaint Sheet (Other Crimes)

e. Investigation Report

f. Sworn Statement (Question and Answer)

g. Sworn Statement (Narrative)

h. Alarm (Carnapping Incident)

i. Alarm (Missing Person)

j. Advance Information

k. Crime Report

l. Coordination Report

m. Lifting of Alarm (Carnapping Incident)

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n. CSI Form 1: First Responder‟s Form

o. CSI Form 2: Request for the Conduct of SOCO

p. Technical Inspection

q. Receipt/Inventory of Property Seized

r. Impounding Receipt

s. Evidence Custodian Report

t. Certification of Orderly Search

u. Compliance / Return of Search Warrants

v. Booking and Arrest Report

w. Explosive-Related Incident Report Form

x. After Hearing/Promulgation Report

y. Detainees Report

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III. Case Folder Guide
- The contents of the investigation case folder depend on the nature of the
crime.

CASE FOLDER OF

____________________________

ENCLOSURES OF CASE REFERRAL/TRANSMITTAL

(For Viol of ____________________)

TABLE OF CONTENTS

1. Sworn Statement of (Name of Complainant) “A”

2. Sworn Statement of (Name of Witnesses) “B”
3. Affidavit of Arrest (Name of Arresting Officers) “C”
4. Documentary Evidence “D”

a. Complaint Sheet of Complainant “D-1”

b. Request and Certificate of POEA “D-2”
c. Request and Result of Ultra Violet Powder “D-3”
d. Summary of Information “D-4”
e. Coordination “D-5”
f. Request and Result of Physical Examination “D-6”
g. Booking /Information Sheet of Suspect “D-7”
h. Copies of Photographs and Sketch of Agency “D-8”
i. Copies of Photographs during Entrapment Opn “D-9”
j. Copies of Photographs of the Suspect “D-10”
k. Copies of Photographs of the Pieces of Physical “D-11”
l. Evidence Recovered and Seized “D-12”
m. Reports about the Case “D-13”
n. Others “D-14”

______________________
Officer-on-Case

Noted By:
_________________
Chief of Office

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 CHAPTER V
BASIC RIGHTS FOR PERSONS UNDER CRIMINAL INVESTIGATION

I. HUMAN RIGHTS
- Are universal legal guarantees protecting individuals and groups
against actions by Governments that interfere with fundamental freedoms
and human dignity. Human rights law obliges Governments to do some things
and prevents them from doing others.

- The following are some of the most frequently cited characteristics of

human rights:
● Internationally guaranteed
● Legally protected
● Focus on the dignity of the human being
● Protect individuals and groups
● Oblige States and State actors
● Cannot be waived or taken away
● Equal and interdependent
● Universal

 How can respecting human rights help the police?

- Respect for human rights by law enforcement agencies actually

enhances their effectiveness. Where human rights are systematically
respected, police officers have developed professionalism in their
approaches to solving and preventing crime and maintaining public order. In
this sense, respect for human rights by police is, in addition to being a moral,
legal and ethical imperative, a practical requirement for law enforcement.
When police are seen to respect, uphold and defend human rights:

● Public confidence is built and community cooperation fostered;

● Legal prosecutions are successful in court;
● Police are seen as part of the community, performing a valuable
social function;
● The fair administration of justice and hence confidence in the
system is served;
● An example is set for respect for the law by others in society;
● Police are able to be closer to the community and therefore in a
position to prevent and solve crimes through proactive
policing;
● Support is elicited from the media, from the international
community and from higher authorities; and
● A contribution is made to the peaceful resolution of conflicts and
complaints.

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 An effective police service is one that serves as the first line of
defense in the protection of human rights. Its members carry out their
work in a way that does not rely on fear and raw power, but instead on
regard for the law, honor and professionalism.

 SOURCES OF HUMAN RIGHTS

1. International Bill of Rights

2. Major International Conventions and Instruments
3. 1987 Philippine Constitution

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 THE TEN(10) BASIC 10 BASIC HUMAN RIGHTS STANDARDS FOR LAW
ENFORCEMENT OFFICIALS
- Based on the UN Code of Conduct for Law Enforcement Officials as
well as other basic international human rights standards

1. Everyone is entitled to equal protection of the law, without discrimination

on any grounds, and especially against violence or threat.

- Be especially vigilant to protect potentially vulnerable groups such as

children, the elderly, women, refugees, displaced persons and members of
minority groups.

2. Treat all victims of crime with compassion and respect, and in particular
protect their safety and privacy.
- Treat all citizens and victims of crime with compassion and respect,
with utmost consideration for their need for safety and privacy. It must be
remembered that under the law, all arrested persons and detainees are still
considered innocent and have the right to due process.

3. Do not use force except when strictly necessary and to the minimum extent
required under the circumstances.
- Whenever the lawful use of force is unavoidable, police officers must:
- Exercise restraint in such use and act in proportion to the seriousness
of the offence and the legitimate objective to be achieved.
- Minimize damage and injury, and respect and preserve human life

4. Avoid using force when policing unlawful but nonviolent assemblies. When
dispersing violent assemblies, use force only to the minimum extent
necessary.
- Everyone is allowed to participate in peaceful assemblies, whether
political or non-political, subject only to very limited restrictions imposed in
conformity with the law and which are necessary in a democratic society to
protect such interests as public order and public health. The police must not
interfere with lawful and peaceful assemblies, otherwise than for the
protection of persons participating in such an assembly or others.

5. Lethal force should not be used except when strictly unavoidable in order
to protect your life or the lives of others.
- Police officers must not use firearms except for the following
objectives and only when less extreme means are insufficient to achieve
these objectives:
• In self-defense or in defense of others against the imminent
threat of death or serious injury.
• To prevent the perpetration of a particularly serious crime
involving grave threat to life.
• To arrest a person presenting such a danger and resisting the
police officer's authority, or to prevent his or her escape

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6. Arrest no person unless there are legal grounds to do so, and the arrest is
carried out in accordance with lawful arrest procedures.
- To make sure that an arrest is lawful and not arbitrary, it is important
that the reasons for the arrest and the powers and identity of arresting officers
are known.

7. Ensure all detainees have access promptly after arrest to their family and
legal representative and to any necessary medical assistance.
Police officers or other competent authorities must ensure that all
detainees are fully able in practice to avail them of the right to notify family
members or relatives immediately of their whereabouts and others should be
able to visit a detainee as soon as possible after he or she is taken into
custody. Relatives and others should be able to correspond with the
detainee and make further visits regularly to verify the detainee's continued
well-being.

8. All detainees must be treated humanely.

- Do not inflict, instigate or tolerate any act of torture or ill-treatment, in
any circumstances, and refuse to obey any order to do so.

- Documentation of investigation procedures as a tool for training and

performance evaluation;
- Recording of proof about the proper, fair, and legal conduct of
police investigation in defense to possible harassment suits.

9. Do not carry out, order or cover up extrajudicial executions or

“Disappearances'', and refuse to obey any order to do so.
- The need to disobey an unlawful order should be seen as a duty,
taking precedence over the normal duty to obey orders. The duty to disobey
an unlawful order entails the right to disobey it.

10. Report all breaches of these Basic Standards to your senior officer and to
the office of the public prosecutor.
- Do everything within your power to ensure steps are taken to
investigate these breaches
- All violations of human rights by the police or other law enforcement
personnel, including any breaches of these Basic Standards, should be
investigated fully, promptly and independently, for instance by the office of
the public prosecutor. The main objective of these investigations is to
establish the facts and to bring to justice those responsible

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 PROVISIONS OF REPUBLIC ACT NO. 7438

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR

UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF

Section 1. Statement of Policy. – It is the policy of the Senate to value the

dignity of every human being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial

Investigation; Duties of Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his
place, who arrests, detains or investigates any person for the commission of
an offense shall inform the latter, in a language known to and understood by
him, of his rights to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he
must be provided with a competent and independent counsel by the
investigating officer.

(c) The custodial investigation report shall be reduced to writing by the

investigating officer, provided that before such report is signed, or thumb
marked if the person arrested or detained does not know how to read and
write, it shall be read and adequately explained to him by his counsel or by
the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or

under custodial investigation shall be in writing and signed by such person in
the presence of his counsel or in the latter's absence, upon a valid waiver,
and in the presence of any of the parents, elder brothers and sisters, his
spouse, the municipal mayor, the municipal judge, district school supervisor,
or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of

Article 125 of the Revised Penal Code, or under custodial investigation, shall
be in writing and signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no effect.

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(f) Any person arrested or detained or under custodial investigation shall be
allowed visits by or conferences with any member of his immediate family, or
any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-
governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family"
shall include his or her spouse, fiancé or fiancée, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.

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 to have committed, without prejudice to the liability
of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those

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

The assisting counsel other than the government lawyers shall be entitled to
the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person
is chargeable with light felonies;

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person
is chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality
where the custodial investigation is conducted, provided that if the
municipality of city cannot pay such fee, the province comprising such
municipality or city shall pay the fee: Provided, That the Municipal or City
Treasurer must certify that no funds are available to pay the fees of assisting
counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted

and the suspected person can only be detained by the investigating officer
in accordance with the provisions of Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. – (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 right to remain silent and to have
competent and independent counsel preferably of his own choice, shall

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suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of
not less than eight (8) years but not more than ten (10) years, or both. The
penalty of perpetual absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or

anyone acting upon orders of such investigating officer or in his place, who
fails to provide a competent and independent counsel to a person arrested,
detained or under custodial investigation for the commission of an offense if
the latter cannot afford the services of his own counsel.

(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 chosen by
him or by any member of his immediate family or by his counsel, from visiting
and conferring privately with him, or from examining and treating him, or from
ministering to his spiritual needs, at any hour of the day or, in urgent cases, of
the night shall suffer the penalty of imprisonment of not less than four (4) years
nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).

The provisions of the above Section notwithstanding, any security officer with
custodial responsibility over any detainee or prisoner may undertake such
reasonable measures as may be necessary to secure his safety and prevent
his escape.

Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is

hereby repealed. Other laws, presidential decrees, executive orders or rules
and regulations, or parts thereof inconsistent with the provisions of this Act are
repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in any daily newspapers of general
circulation in the Philippines.

Approved: April 27, 1992.

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