FUNDAMENTALS OF

INVESTIGATION AND
INTELLIGENCE

Colleen Davila Magnaye, RCrim

 Course Description

The course covers the concepts and principle of criminal investigation including
the modern technique in crime detection and investigation. This also includes modern
techniques in processing the crime scene solving murder, homicide, rape, robbery, etc. it
also aims to study the concepts and general principles of arrest, searches and seizure, and
the rights of the accused during custodial investigation, and the comparative study of
military and police intelligence functions and operations, type of police intelligence, phases
of intelligence cycle; modus operandi (MO) and order to battle regulations (OBR) system
for the identification of criminals and other threats to national security.

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 RIGHTS OF THE
ACCUSED
•Article III, Bill of Rights of the 1987
Constitution
•Republic Act 7438
•Republic Act 9745
•Republic Act 9344
•Republic Act 10353
•UN Convention on Human Rights
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ACCUSED?
a person who has been
arrested for or formally
charged with a crime

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 “ No person shall be deprived of life,
liberty, or property without due process
of law, nor shall any person be denied the
equal protection of the laws”

—ARTICLE III. BILL OF RIGHTS. Section 1.

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The 1987 Constitution of the
Philippines, in section 12(1) of Article
3 (Bill of Rights)

Any person under investigation for the

commission of an offense shall have the
right to be informed of his right to remain
silent and to have competent and
independent counsel preferably of his
own choice.
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 “RIGHTS OF THE
ACCUSED UNDER
ARREST”
Republic Act 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 CDM, RCrim
 Republic Act 7438 (Rights of
the Accused under arrest-
)
April 27, 1992

Police officers would call the person to go with them to

the police station to answer a few questions about a
related case they are investigating. Most importantly,
RA 7438 clearly says to observe the rights even during an
investigation.

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“ANTI TORTURE ACT OF
2009”

Republic Act 9745

AN ACT PENALIZING TORTURE AND OTHER

CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT AND
PRESCRIBING PENALTIES THEREFOR

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Republic Act 9745 (ANTI
TORTURE ACT- November 10,
2009)

Right to Physical, Medical and Psychological Examination.

- Before and after interrogation, every person arrested,
detained or under custodial investigation shall have the
right to he informed of his/her right to demand physical
examination by an independent and competent doctor of
his/her own choice.

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“JUVENILE JUSTICE AND
WELFARE ACT”

Republic Act 9344

AN ACT ESTABLISHING A COMPREHENSIVE

JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND
WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER
PURPOSES CDM, RCrim
Republic Act 9344
(Juvenile Justice and
Welfare Act- April 28, 2006)
Under RA 9344, the minimum age of criminal
liability is 15 years old. This means that those
within the age of 15 to 18 years old may be
detained in youth centers and go through
rehabilitation programs while those under 15
years old are exempted from criminal liability but
must undergo intervention.
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 “Anti-Enforced or
Involuntary Disappearance
Act of 2012”
Republic Act 10353

AN ACT DEFINING AND PENALIZING

ENFORCED OR INVOLUNTARY
DISAPPEARANCE

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 Republic Act 10353
(Anti-Enforced or Involuntary
Disappearance Act - DEC 21 2012)

Also known as ‘Desaperacidos Law,” R.A. 10353

defines enforced disappearance as “the arrest, detention,
abduction, or any other form of deprivation of liberty
committed by government authorities or by persons or groups
of persons acting with authorization, support or acquiescence
of such persons in authority, followed by a refusal to
acknowledge the deprivation of liberty or by concealment of
the fate or whereabouts of the disappeared person, which
places such person outside the protection of the law.”
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“Universal Declaration of
Human Rights
”
The Universal Declaration of Human Rights (UDHR) is a
milestone document in the history of human rights.
Drafted by representatives with different legal and
cultural backgrounds from all regions of the world,
the Declaration was proclaimed by the United
Nations General Assembly in Paris on 10 December
1948

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 ANALYSIS
Article III, Bill of Rights of the 1987 “Rights comes with obligation, freedom comes
Constitution with privilege”

Republic Act 7438 “Freedom comes with responsibility”

defines certain rights of the person arrested,
detained, or under custodial investigation.
Which serves as additional safeguards for
persons who are under arrest. This Republic
Act is a support to the provisions of our
Constitution

Republic Act 9745 Provides for the right to freedom from cruel,
inhumane, and degrading punishment or
treatment, in particular with respect to persons
in custody and prisoners
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 ANALYSIS
Republic Act 9344
Republic Act 10353
UN Convention on Human Rights
Institutionalized the promotion of the well-
being of child and their families,
involvement of parents and guardians,
promotion of diversion, avoiding
deprivation of liberty and protecting the
privacy rights of children.
It is the official legislation that was
passed by the Filipino government to
address the issue of enforced
disappearances
Human rights are rights inherent to all
human beings, regardless of race, sex,
nationality, ethnicity, language, religion,
or any other status.
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Salute!

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