FUNDAMENTALS OF INVESTIGATION AND INTELLIGENCE

Chapter 1- NATURE AND CONCEPT OF INVESTIGATION

1.1 ETYMOLOGY OF INVESTIGATION

1. The term came from the Latin word INVESTIGARE (vestigare in some books) which means “to track or to look into for traces”.
2. Fundamentally, it may have been derived from VESTIGIUM, another Latin word which means footprint. (MS Encarta Reference Library, 2009)
3. Criminal Investigation came from the Latin term INVESTIGAT, which means “to inquire or to discover” during the 5th century
(Microsoft® Encarta® 2008. © 1993-2007 Microsoft Corporation).

B. Definition of Terms
1. INVESTIGATION- To observe or study by close examination and systematic inquiry. (Merriam-Webster)
i. -A searching inquiry ascertaining facts; detailed or careful examination. (Dictionary.com)
ii. -An act of discovering something concealed or hidden, seeking for an answer to a certain question
2. CRIME- It is defined as an act of commission or omission in violation of public laws commanding or forbidding it.
A generic term which varies depending upon the category of public law broke by the violator.
The act or omission will be classified as felony if the person violated the provisions of the Revised Penal Code (RPC).
The act or omission is called offense if it violates the Special Laws
If violation of City/Municipal Ordinances, his act or omission will be categorized as infraction or misdemeanor.
3. CRIMINAL- Legally speaking, a person will only be considered criminal, if upon a thorough investigation and criminal proceedings were conducted, and the court finds that the person is guilty beyond reasonable doubt in the final
promulgation of judgment.
-in its criminological sense, a person is already considered criminal by the time he/she deviates from the rule of conduct and norms.

4. CRIMINAL INVESTIGATION- It is a systematic process wherein the primary objectives are to determine the identity of the offender, trace and locate his/her whereabouts and discover pieces of information and evidence that would
disclose the guilty party in criminal proceedings.
-is an undertaking that seeks, collects, and gathers evidence of a crime for a case or specific purpose (http://www.pinow.com/investigations/criminal-invesrigations)

Three-fold aims of Criminal Investigation:

1. To determine the identity of the offender.

2. To locate the whereabouts of the offender.
3. To provide proof of allegation against the offender in criminal proceeding.

5.CRIMINAL INVESTIGATOR - A person who is in charge in solving and answering the underlying questions in criminal investigation.
- His primary job is to determine if the rule of the land was violated by certain individual/s and collect information regarding the identity and location of the offender/s as well as to gather pieces of evidence that
will support the conviction of the suspect beyond reasonable doubt in the court of law.
- He has to find out the answer on the underlying questions of (5W’s and 1H).
The SIX CARDINAL POINTS TO BE ANSWERED BY THE INVESTIGATOR:

o WHAT specific offense has been committed? - Nature of crime

o WHERE crime was committed? - Place or location
o WHEN it was committed? - Time and date
o WHOM it was committed? - Persons/s involved
o WHY it was committed? - Reason or motive of committing the crime
o HOW it was committed? - Manner, method or modus operandi

Qualities of a Good Investigator

a. Perseverance – the ability to achieve the set goal despite of struggles and difficulties.
b. Intelligence – the ability to comprehend, reason out and solve problems.
c. Honest – truthfulness, free from falsehood.
d. Understanding of the people and environment – flexible and conscious of what is going on around him.
e. Keen power/ sense of observation – vigilant and has the power to describe his observation.

Training and Experience

 An investigator cannot be a qualified and good investigator without proper training and specialization on particular fields. Experience alone does not make one good investigator. Many who had been hostage to this notion often ended in
jeopardy. The ideal conjugal partnership is training and experience. The fusion of the best training and vast experience is a formidable force that can threat even the most sophisticated technology and syndicated crimes. The necessity of
training as a purveyor of change builds the investigator’s confidence. It widens his vision for professional growth and strengthens his will to survive and prevail over crises.
 The National Forensic Science Training Institute (NFSTI) under the Philippine Public Safety College is the institution that trains uniformed personnel of the Philippine National Police to become a certified investigator.

1.2 HISTORICAL FEATURES IN CRIMINAL INVESTIGATION

1. JONATHAN WILD (1720s, ENGLAND:)

 He was a buckle maker then a brothel operator; a master criminal who became London’s most effective criminal investigator.
 He was the most famous THIEF-CATCHER in 1720s. His methods or techniques made popular the logic of EMPLOYING A THIEF TO CATCH A THIEF.
 He conceived the idea of charging a fee for locating and returning stolen property to its rightful owners.

2. HENRY FIELDING (1750s, ENGLAND)

 An Englishman who wrote a novel entitled “Tom Jones” and was appointed as magistrate (sheriff) for the areas of Westminster and Middle Age, London.
 He was the creator of the BOW STREET RUNNERS while he was the magistrate; he formed a group of police officers attached to the Bow Street Court, and not in uniform, performing criminal investigative functions.

3. JOHN FIELDING (1753 ENGLAND)

 The younger brother of Henry Fielding who took over the control of Bow Street Court in 1753.
 His investigators were then called Bow Street Runners and became quite effective because of his personal guidance despite the fact that he was blind
 He introduced the practice of developing paid informants, printing wanted notices, employing criminal raids, and bearing firearms and handcuffs.

4. SIR ROBERT PEEL (Father of Modern Policing)

 The founder and chief organizer of the London Metropolitan Police – the SCOTLAND YARD.
  He reiterated the idea of creating sizeable police force in his recommendations, which lead to the passage of the Metropolitan Police Act.
 He introduced the techniques of detecting crimes such as: detectives concealing themselves, and secretly photographing and recording conversations.

5. WILLIAM HENRY FOX TALBOT (Coined the word Photography)

 The birth year of Photography (1839)
 Explained a photographic process he had invented to the Royal Society of London

6. CHARLES DICKENS (1852, USA)

 Through his story entitled BLEAK HOUSE, he introduced the term DETECTIVE to the English language

7. ALLAN PINKERTON (1852, USA)

 America’s most famous private investigator and founder of Criminal Investigation in USA.
 He established the practice of handwriting examination in American courts and promoted a plan to centralize criminal identification records.

8. KATE WAYNE/WARNE (1856 USA)

 The first woman detective in the history of criminal investigation, hired by the Pinkerton Agency.

9. INSPECTOR THOMAS BYRNES (1866, USA)

 A New York Chief of Detectives introduced the MODUS OPERANDI FILE.

10. ALPHONSE BERTILLON

 FOUNDER OF CRIMINAL IDENTIFICATION.
 who introduced and established the first systematic identification system based on ANTHROPOMETRICAL SIGNALMENT (Anthropometry).

11. FRANCIS GALTON

 Father of Fingerprint
 An Englishman who published his study on classifying fingerprints. While other scientists were studying fingerprints in their biological nature, Galton recognized their uniqueness and potentiality/significance in criminal identification

12. HANS GROSS (Father of Criminalistics)

 Advocated the use of scientific methods in criminal investigation process.

13. Mapp vs. Ohio

 The Supreme Court ruled the illegally obtained evidence is inadmissible in state criminal prosecutions. (Fruit of the poisonous tree)

14. MIRANDA vs. ARIZONA

 The US Supreme Court established procedural guidelines for taking criminal confessions.

Session 1.2 Major Tools in the conduct of Criminal Investigation

Discussion:

Digging up the 3 I’s!

1.INFORMATION
- Technically, the author defines the word as a set or sets of data or knowledge to particular persons or group, things, places and incidents. If it is to be used in the field of investigation, the word information refers to
the details and factual data or record regarding the persons involved in the crime and the incident itself.

Classes of Information as to Sources

a. Regular Sources – these are pieces of information coming from the records, files from government and non-government agencies, news items.
b. Cultivated Sources – information gathered upon initiative of the investigator from the informants.
c. Grapevine Sources – these are data coming from the underworld characters such as prisoners and ex-convicts.

A useful perspective on the criminal investigation process is provided by information theory (Willmer).

According to information theory, the criminal investigation process resembles a battle between the police and the perpetrator over crime-related information. In committing the crime, the offender emits "signals," or
leaves behind information of various sorts (fingerprints, eyewitness descriptions, murder weapon, etc.), which the police attempt to collect through investigative activities. If the perpetrator is able to minimize the amount of
information available for the police to collect, or if the police are unable to recognize the information left behind, then the perpetrator will not be apprehended and therefore, the perpetrator will win the battle. If the police are
able to collect a significant number of signals from the perpetrator, then the perpetrator will be identified and apprehended, and the police win. This perspective clearly underscores the importance of information in a criminal
investigation.
The major problem for the police in conducting a criminal investigation is that not only is there potentially massive amounts of information available, but the relevance of the information is often unknown, the
information is often incomplete, and the information is often inaccurate. Further, to be useful in proving guilt in court (where beyond a reasonable doubt is the standard), the evidence must have certain other qualities, and
certain rules and procedures must be followed in collecting the evidence. (Retrieved from shorturl.at/bluvJ)

2.INTERVIEW AND INTERROGATION

 Interview – is a simple questioning of a person who is believed to know or possess information regarding the case under investigation.
 Interrogation – simply means a systematic, skillful and vigorous questioning of a person who is not willing to disclose any information related or not related to the fact-in-issue.

Note: Interview and interrogation are both process of questioning; they only differ in two (2) aspects; the manner of questioning and the degree of cooperation of person/s that is/are being asked.

According to Gehl and Plecas (2017) interviewing a possible suspect is the first stage and the lowest level of interaction. In fact, the person is not even definable as a suspect at this point.  While, interrogation is
the most serious level of questioning a suspect, and interrogation is the process that occurs once reasonable grounds for belief have been established and after the suspect has been placed under arrest for the offence
being investigated? Reasonable grounds for belief to make such an arrest require some form of direct evidence or strong circumstantial evidence that links the suspect to the crime. (Retrieved from shorturl.at/apHV7)
All about INTERVIEW!

Golden Rule in the conduct of Interview

“Never conduct or let anyone conduct an interview if the interviewer does not gone to the crime scene”

Investigation Interview Techniques (Heibutzki)

a. Cognitive Interviewing - One of the most common techniques is cognitive interviewing, which focuses on the ability to tell a consistent story.
b. Assumptive Questions - Investigators often pose two types of assumptive questions to elicit a verbal confession. Choice questions require selecting good or bad rationales for behavior.
c. The Reid Techniques - Officers employing the Reid Technique which employs an accusative approach, start with a monologue, but discourage the suspect from making denials or giving explanations

Interview models: These three interview models are used within the PEACE framework:
• Free recall: encourages cooperative interviewees to give their own account of what happened in their own time and without interruptions.
• Conversation management: enables the interviewer to control the interview and elicit as much information as possible from a reluctant interviewee.
• Enhanced cognitive interviewing: builds on free recall using advanced techniques to assist a cooperative interviewee to recall as much high-quality information as possible.

Basic guide in the conduct of interview

Identity – prior to the commencement of an interview, the investigator should identify himself to the subject by name, rank and agency, except, when there is no need to know the officer’s identity.
Rapport – it is good to get the positive feeling of the subject towards the investigators, such friendly atmosphere is a vital for both the subject and the investigator to have a better interaction.
Opening Statement – the investigator must have to indicate why the subject is being contracted.
Narration – the witness should be allowed to tell all he knows with little interruptions from the investigator.
Inquiry – after all information have been given by the subject, that is the time for the investigator to as question to clarify him about the case under investigation.
Conclusions – after the interview, it is but proper to close the interview with utmost courtesy and thanking the subject for his cooperation.

Best Practices in the conduct of Investigative Interview

(Haney and Roller, 2012)
1. Preparation is the key!!
2. Live with the answers, even if they hurt your case
3. Ask the tough questions
4. Do not bluff unless you are ready to be called
5. Use your strengths and be sincere
8. Maximize the advantages of rapport
9. Do not make promises
10. Take thorough notes and maintain the originals
7. You run the interview, not the witness or attorneys
6. Know when to stop
All about INTERROGATION!
Golden Rule in the conduct of Interrogation
“Make him admit something. No matter how small or trivia. Usually, the first admission will lead to another. In securing the first admission is the biggest stumbling block in dealing with tough suspects”
Interrogee – person being interrogated
Interrogator – person who conducts interrogation

What are the Purposes of Interrogation?

a. To obtain a confession to the crime.
b. To induce the subject (suspect or witness) 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 that will lead to the recovery of the fruits of the crime.
f. To discover the details of other crimes participated in by the suspect.

Description of the Interrogation Room

The room must be free from distraction and should be designed not to give more encouragement for the suspect.
The following are some of the ideal requirements:
a. Privacy – This can be achieved by:
1. Only one door
2. Absence of windows or view
3. Sound-proof
4. Telephone without a bell
b. Simplicity – Distraction should be kept to its minimum. Too many objects may distract the attention of the subject. This can be accomplished by:
1. Medium-size room
2. Bare walls
3. No glaring lights
4. Minimum furniture
c. Seating Arrangement –The interrogator and subject must be seated without any intervening furniture
1. Chair – armless, straight-back chair for the suspect.
2. Table or desk – have a flat surface where the interrogator can write and place the evidence.
3. Seat of suspect – his back must be facing the door to prevent interrupt in by the person getting inside the room.
d. The Technical Aids – The interrogator may allow other persons to be present. Persons like the prosecuting office will have the opportunity to observe the prospective defendant, the victim and
complainant maybe able to make the identification.
The following maybe the other technical aids:
1. Recording installation – important interrogation and confession maybe recorded.
2. Listening device – a hidden microphone as a “live” telephone should be installed.
3. Two-way mirror or one-way mirror.

Types of Interrogation
a. Narrative Type – The interrogator gets the subject’s story as narrated. The investigator must be observant of all conditions and words used. He must note the physiological reactions exhibited by the subjected in
the course of the narration. He must show respect and gratitude for the subject’s narration. This type is good for those subjects who are willing to talk.
b. Question and Answer Type – If the subject is talking, the investigator must wait until the completion of the narration and then ask questions. It presupposes a great deal of knowledge by the investigator about the
case and about the subjects. As questions and answers tend to hinder free spontaneous responses, the investigator should be alert to the possibility of such responses and not shut the subject off too soon on any answer.

Different techniques in interrogation

The choice of the technique to be used depends on the nature of the crime committed, the character of the subject, and on his own personality and limitations. The following are the techniques used in interrogation:
a. Emotional Appeal – The interrogator should combine the character to an actor and a practical psychologist. He must be able to analyze the personality of the subject within a short time. Decide the motivation and
create a good atmosphere conducive to confession.
 b. Sympathetic Approach – The interrogator must listen to the subject’s story of his troubles, plight and unfortunate situation. An offer of friendship and acts of kindness may win his cooperation.
c. Friendliness – A friendly approach may induce the subject to confess.

Forms of Friendliness:
1. The Helpful Advisor – The investigator is the subject’s friend. If he explains the whole thing to his friend, the investigator will try to advise him.
2. The Sympathetic Brother – The subject is seeking peace of mind and thus square things with his own conscience. Recital of his story to the investigator may he give him the chance he is asking for.
3. Extenuation- If the suspect were to give the details of the unfortunate incident, his friend, the investigator could present the affair in its true light.
4. Shifting the Blame – If the subject has committed the crime for the first time, he, with the investigator maybe able to present the incident that it could happen to anyone. A full narration may convince the
judge or the complainant to change their minds.
5. Role of “Mutt and Jeff” – One investigator will act stiffly and going to waste any time until the guilty party is punished, while the other will be kind-hearted. The kind hearted investigator will plea for
cooperation while the other is away.
6. Creating or Increasing the feeling of Anxiety – The suspect is in the state off emotional confusion, unable to think logically and clearly and his sense of value is disturbed. The investigator may obtain
confession or admission if he misrepresents the picture.

Methods of promoting anxiety:

1. Exaggerating Fear – The interrogator persistently points out that the subject “cannot win” and that there has been no perfect crime. His continued silence may affect his loved ones.
2. Greater or lesser Guilt – A certain criminal act may constitute different kinds of offenses which maybe grave or light. The investigator may represent himself to be interested with minor ones. The subject,
who is afraid only of the grave consequences maybe free to talk or may confess to a minor offense.
3. The Line-up – The witness, complainant, or victim are requested to recognize the subject among the group of men in a line-up. The witness or complainant, who maybe previously coached confidentially,
points out the subject as the guilty party in the line-up. Once pointed, the subject is said to be helping himself by “cooperating.”
4. Reverse Line-up – The accused is placed in a line-up and he is identified by several fictitious witnesses or victims who associated him with different offenses. It is expected that subject will become
desperate and confess to the offense under investigation in order to escape from the false accusations.
5. Bluff on a Split Pair – This is applicable when there are more than one suspect. The suspects are separated and one is informed that other has talked.
d. Stem Approach – A judicious application of the following techniques may be useful to highly probable guilty subjects:
1. Pretense of Physical Evidence – The investigator may pretend that certain physical evidence has been found by laboratory experts against him. The average person has mystical notions of scientific
crime detection and will accept practically any claims that science may make.
2. Jolting – Maybe applied to calm and nervous subjects. By constantly observing the suspect, the investigator chooses a propitious moment to shout a pertinent question and appear as though he is
beside himself rage. The subject maybe unnerved to the extent of confessing.
3. Indifference – The investigator will discuss the case with another investigator in the presence of the subject. The purpose of the discussion is to determine whether they can obtain a conviction for a
greater crime or whether they can obtain the maximum sentence. The aim, or course, is to induce the subject to plead them. Only with extreme reluctance do they give consideration to his pleas. Gradually,
they become “reasonable.”
4. Questioning as a Formality- The interrogator asks a series of question as if it is a necessary of formality in his routine duty. He gives the impression that he knows the answer, but that he is required
to ask the question in consideration of the right of the accused. When the answer is not that which the interrogator expects, he puts down his pencil skeptically, looks at the suspect, stares at his notes and
shakes his head ruefully. Prolonged silence will work with equal effectiveness.

Physiological Symptoms of Guilt

a. Sweating – If the face is flushed, anger is indicated. Embarrassment or extreme nervousness may also be the case. A pale face indicates fear or shock. Sweating hands indicate tension.
b. Color Change – A flushed face indicates anger, shame or embarrassment but not necessarily guilt. A pale face is a more reliable sign of guilt.
c. Dry Mouth – Great nervous tension is present. This is considered as a reliable symptom of deception. Swallowing, sweating of 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 – Deception is indicated by an effort to control breathing during critical questions.

3.INSTRUMENTATION
It is the application of instruments and methods of physical science to the detection of crimes. In cases where there is no significant physical evidence to be found, then the use of instrumentation is relatively unimportant.
Also known as CRIMINALISTICS.

Common sciences under Criminalistics Area

 Dactyloscopy – comes from the word “Dactyl” meaning finger and “scopien” which means to examine. A method or means of personal identification through fingerprint examination and comparison.
 Police Photography – It is the application of principles of photography in relation to police works or activities. (One of the most useful tools in crime scene preservation)
 Ballistics – This refers to the science of motion or movement of projectiles. This is of great help in determining the position of the shooter in killing by firearm incidents. Also, under this scientific study, this tackles the
broad concept of firearm identification.
 Questioned Document Examination – one of the most common sciences in crimes like forgery, falsification of documents and counterfeiting. This helps in identifying falsified documents, (fraudulent simulation of
signatures), counterfeited currencies and national seals, digital manipulation of files, etc.
 Legal Medicine – this involves primarily the conduct of post mortem examination and autopsy to determine the cause and some other important factors on the death of the victim.
 Forensic Chemistry – It is a branch of chemistry which deals with the study of chemicals in application to court administration. It includes within its scope the concept of Posology and Toxicology.

Session 1.3 ARREST, SEARCH AND SEIZURE

In this session, students will get to know more about the legal aspects of arrest, search and seizure as a supplementary to criminal investigation. Further, students will learn more about the legal perspective in the
conduct of crime investigation in so far as the rights of the accused and the legality of investigator’s action is concern by the end of this session, students will be able to:
1. Explain the basic principle of arrest, search and seizure.
2. Apply the legal concept of arrest, search and seizure.
3. Identify the importance of arrest, search and seizure in criminal investigation.
4. Differentiate Admission from Confession

DISCUSSION!

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:
1) The right to remain silent
2) The right to counsel
3) The right to be informed of the nature and the cause of the accusation

Legal consequence if an arrested person under custodial investigation is deprived of the foretasted constitutional rights?
Any testimony of statement taken from the arrested person who is departed of the three constitutional rights would be inadmissible as evidence in the Courts of Justice. On the other hand, the investigator may be
held criminally liable for the violation of law.
Define Admission
An admission is a self-incriminatory statement by the subject falling short of an acknowledgement of guilt. It is an acknowledgement of a fact or circumstances from which guilt maybe inferred. It implicates but
does not incriminate. Coupled with circumstances such as the existence of a motive, the admission may provide an inference of guilt.
Define Confession
A confession is a direct acknowledgement of the truth of the guilty fact as charged or of some essential part of the commission of the criminal act itself. To be admissible, the confession of the accused must
be voluntary. Confession by duress, coercion, extreme psychological restraint are not admissible in the court of justice.
 Rule 113
ARREST
SECTION 1. Define arrest – Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
SECTION 2. Arrest; how made – 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 arrested shall not be subject to any greater restrain than is necessary for his detention.

What constitutes restrain?

Under Section 2 above mentioned, the custody or control, the assumption of which is involved in an arrest, imports actual restraint or detention. Accordingly, the mere utterances or words indicative of an arrest, or
mere verbal proffer of the warrant or personal service thereof is insufficient, except when followed by a submission.

Who are those persons exempted from arrest?

The following are persons exempted from arrest:
1) Members of the Senate and Congress. They shall be privileged from arrest during their attendance at the session of the Congress or Senate and in going to and returning from the same for offenses punishable
by not more than six years imprisonment, and
2) Under the principles of International Law also exempt are foreign sovereigns, ambassadors, ministers and persons belonging to their official entourage.

When may the use of force be justified?

The employment of unnecessary or unreasonable force or greater restraint than what is needed for the detention of the person arrested is prohibited. Person authorized to make arrest may, however, employ force
or violence to the extent of effectively overcoming active resistance to an arrest. And, it is not necessary that the person arrested make an actual attack upon his captor. His refusal to obey and surrender, or an attempt to
escape suffices the justification for the employment of force. (U.S. vs. Bertucio, 1 Phil. 47)

SECTION 3. 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.
What is essential to make a warrant of arrest valid.
For a warrant of arrest to be valid, it is essential that the person to be arrested is identified by the terms of the warrant. If ever possible, the name and description of the person to be served with a warrant of arrest
must be inserted in it. Where the name is unknown, the warrant must contain a description as will enable the officer to identify the person to be served. (People vs. Veloso, 48 Phil. 169) If it does not contain the name of
the defendant or any description of designation by which he could be known and identified as the person sought, it is void.
What is “John Doe” warrant? And what is necessary to make a sufficient warrant?
A warrant issued upon an unnamed party is called a “John Doe” warrant. It is necessary that the party should be sufficiently identified. Such a warrant must contain the best description personae of the person to be
apprehended; and this description must be sufficient to indicate the proper person upon whom the warrant is to be served. It should likewise state his personal circumstances, appearance and peculiarities, give his
occupation and place of residence, and any other circumstances by means of which he can be identified. (Wharton’s Criminal Procedure, pp. 51-56)
Does the power to arrest carry with is to confiscate articles found in the person to be arrested? Explain.
An officer making an arrest has no right to confiscate any object found in the possession of the party arrested unless 1) the object found in his possession was used in the commission of the crime; or 2) was the fruit
of the crime, or 3) which might furnish the prisoner with the means of committing violence or of escaping; or 4) which may be used as evidence in the trial of the case. (Moreno vs. Ago Chi, 12 Phil. 439)
When may irregularity in issuance of order of arrest be considered waived?
Irregularity in the issuance of an order of arrest is waived by posting of a bail bond. (Moreno vs. Ago Chi, 12 Phil. 439)
SEC. 4. Execution of warrant – The head of the office to whom the warrant of arrest has been delivered for execution shall cause the warrant to be executed within ten (10) days from receipt thereof. Within ten
(10) days after the expiration of such period, the officer to whom it was assigned for execution shall make a return to the judge who issued the warrant and, in case of his failure to execute the same, shall state the reasons
therefore.
SEC. 5. Arrest without warrant; when lawful - A peace officer or a private person may, without a warrant, arrest a person:
a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and
c) 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.
In cases falling under paragraphs (a) and (b) hereof, the person arrested without a warrant shall be forth with delivered to the nearest police station or jail, and he shall be proceeded against in accordance with Rule
112, Section 7.

What must be necessary in all cases wherein the law authorizes a peace officer to arrest without warrant?
 In all the cases enumerated wherein the law authorizes a peace officer to arrest without warrant, the officer making the arrest must have personal knowledge that the person being arrested has committed, is actually
committing, or is about to commit an offenses in his presence or within his view, or of the time, place or circumstances which reasonably tend to show such breach of peace.
The testimony of the officer on the commission of the offense in his presence, or within his view by the person arrested, or on the facts and circumstances that tended reasonably to show that said person had
committed or was about to commit an offense, would be sufficient basis for the City Fiscal to file an information without prejudice to his presenting the other evidence and witnesses, if any, at the trial to insure the conviction
of the defendant. (Sayo vs. Chief of Police, 80 Phil. 875)

What is the meaning of the phrase “commission of offense in the presence of a peace officer or a private person?”
An offense is committed in the presence or within the view of an officer within the meaning of the rule authorizing an arrest without warrant when the officer sees the offense, although at a distance, or hears the
disturbance created thereby and proceeds at once to the scene thereof; or the offense is continuing, or has not been consummated, at the time the arrest is made. (U.S. vs. Samonte, 16 Phil. 516)
What is the basis for its legality of an arrest without warrant?
In the case of U.S. vs. Sanchez, 12 Phil. 472, our Supreme Court held that the legality of the detention does not depend upon the facts of the crime, but upon the nature of the deed, wherefrom such characterization
may reasonably be inferred by the officer of functionary to whom the law at that moment leaves the decision for the urgent purpose of suspending the liberty of the citizen. Good faith, therefore, absolves arresting officer
from liability if he arrest without warrant upon reasonable grounds. (U.S. vs. Santos, 36 Phil. 442)
May an escaped convict have the right to demand that a person arresting him be armed with a warrant?
Under paragraph (c) of Section 5, Rule 113, a convict who evades sentence by escaping from the custody of a policeman or a penal institution may be arrested without warrant by a peace officer or by a private
individual. (Salonga vs. Holland, 76 Phil. 412) An escaped convict, therefore, has no right to demand that a person arresting him be armed with a warrant. (Salonga vs. Holland, 76 Phil. 412)
SEC. 6. Time of making arrest – An arrest may be made on any day and at any time of the day or night.
SEC. 7. Method of arrest by officer by virtue of warrant – When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant
has been issued for his arrest, except when he flies or forcibly resists before the officer has opportunity 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 but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.
In the method of arrest by officer by virtue of a warrant, does it mean that said officer must have the possession of the warrant at the time of the arrest? Explain.
Under Section 7, Rule 113, the officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as
practicable.
What the officer should do is to 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. This method of arrest does not apply when the person to be
arrested flies or forcibly resists before the officer has opportunity to inform him or when the giving of such information will imperil the arrest.
SEC. 8. Method of arrest by officer without warrant – When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to
be arrested is then engaged in the commission of an offense or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity to inform him, or when the giving
of such information will imperil the arrest.

Distinguish the two methods of arrest provided for in Sections 7 and 8

The following are the two distinctions between these two methods of arrest:
1) In section 7, when making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest; while in
Section 8, when making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest; and

2) The method required in Section 7 does not apply when the person to be arrested flees or forcibly resists before the officer has the opportunity to inform him or when the giving of such information will imperil
the arrest, while the method in Section 8, does not apply when the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or
flees or forcibly resist before the officer has the opportunity to inform him, or when the giving of such information will imperil the arrest.
 SEC. 9. Method of arrest by a private person – A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the person to be arrested
is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity to inform him, or when the
giving of such information will imperil the arrest.
What must be required for a private person to make arrests?
The power of a private person to arrest without warrant is one that must be exercised in utmost good faith or else it would be an excuse for violation of the individual liberties guaranteed in the Constitution. (People
vs. Gala, CA-G.R. No. L-13244-R, Dec. 15, 1955)
SEC. 10. Officer may summon assistance – An officer making a lawful arrest may orally summon as many persons as he deems necessary to aid him in making the arrest. Every person so summoned by an
officer shall aid him in making such arrest, when he can render such aid without detriment to himself.
What do you understand about an agent of authority?
It has been held that the phrase an “agent of authority” includes not only those persons who, by direct provision of law or by appointments of competent authority are charged with the maintenance of public order and
the protection and security of life and property, but also such persons who come to their aid, provided they lend their assistance by virtue of an order or request of such agent of authority. (People vs. Gala, CA-G.R. No. L-
13244-R, Dec. 15, 1955)
In effect, where a private person makes an arrest for an offense not committed in his presence or on pursuit, he should, before making the arrest, notify the person to be arrested of the cause of the apprehension,
but this duty is dispensed with when the person to be arrested knows of the intention to arrest and the case thereof.
SEC. 11. Right of officer to break into building or enclosure – An officer in order to make an arrest either by virtue of a warrant or when authorized to make such arrest for an offense without a warrant, as
provided in Section 5, may break into any building or enclosure in which the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after he has announced his authority and purpose.
What are the two instances when forcible entry of dwellings or buildings is made by officer in order to effect arrest?
The following are two instances when forcible entry of dwellings or buildings may be made by officer in order to effect arrest:
1) An officer has authority to break open the outer or other doors of a dwelling house of the person whose arrest is directed by the writ, and enter and search the dwelling to arrest the offender, woven though it is
during the nighttime. This right to break the outer doors to make an arrest includes, of course, the right to break open doors of different rooms and chambers in the house to make a thorough search of the
premises.
From this point if follows that an officer who has a warrant for the arrest of a person in a house and who upon being refused admittance breaks the door, cannot be considered as a trespasser even though, upon
search, the defendant named in the process is not found or shown to be in the dwelling at the time. It is not necessary that the house the officer may have broke into, be the property of the defendant; it is
sufficient if it is a house in which, for the time being, he is dwelling in.
2) Arrest after escape or rescue without warrant – From the duty of an officer to hold his prisoner in his custody flows the right to pursue those who illegally make their escape and while on fresh pursuit he may
arrest them without warrant, and may make search without a warrant of any premises in which he has reasonable ground to believe the prisoner is hiding for that purpose he may, after due demand for admission
and refusal, force an entry into the building or premises to be searched.

Does a private person in making arrest, posses the right to break into a building?
A private person may justify breaking into and entering another’s dwelling house if such breaking is necessary for the purpose of making an arrest for a felony or to prevent the commission of a felony.
When may notice of purpose and demand for admission necessary? Give exception, if any.
It is a rule that an officer or a private person, before breaking into and entering the house of another to arrest a person, under a warrant of arrest or order of arrest or for a crime or breach of the peace where a
warrant is not necessary, should make known his purposes and demand admittance. One exception is, if a person fortifies himself in his home with the avowed intention of defying an arrest to the extent of shedding blood,
notice of purpose and demand for admission is not necessary.
SEC. 12. Right to break out of building or enclosure to effect release – Whenever an officer has entered the building or enclosure in accordance with the provisions of the preceding section, he may break out
therefrom when necessary for the purpose of liberating himself.
SEC. 13. Arrest after escape or rescue – 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. 14. 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 acting in his behalf, have the right to visit and confer privately with
such person, in the jail or any other place of custody at any hour of the day or, in urgent cases, of the night. This right shall also be exercised by any relative of the person arrested subject to reasonable regulation.