CRIME Act or the commission of
an act that is forbidden or the
omission of a duty that is
commanded by a public law and
that makes the offender liable to
punishment by that law.
3 TYPES OF CRIME
CRIME AGAINST THE PERSONS
Crimes that are directed to an
individual person’s body ,honor
and life. It refers to a broad array of
criminal offenses which usually
involve bodily harm, threat of bodily
harm, or other actions committed
against the will of an individual
CRIME AGAINST PROPERTY
Crimes that are directed to a
person’s belongings, intellectual
properties and money. It includes
many common crimes relating to
theft or destruction of someone
else’s property. arson.
CRIME AGAINST SOCIETY
Crimes that are directed to the
community’s moral code and
values. These are the crimes that
negatively affect , rather than
individuals or property.
REVISED PENAL CODE
-ACT NO. 3815
-One of the Philippines most
enduring pieces of legislation -
Basic law that defines criminal
offenses and provides the
penalties for the commission of
those offenses.
-December 08, 1930 – RPC was
enacted -January 01, 1932 – RPC
took effect
SPECIAL PENAL LAWS
-Legislative provisions on how to
deal with special crimes that is not
covered by the RPC.
MALA INSE -Crimes that are
considered inherently evil and
wrong in itself -Criminal liability
would only arise when there is a
criminal intent or negligence in the
commission of the punishable act. -
Crimes are penalized in Revised
Penal Code
MALA PROHIBITA
-Crimes that are wrong because it
is prohibited. Moral trait of the
offender is not considered , it is
enough that the prohibited act was
voluntary done. -Crimes are
penalized in Special Penal laws.
ESSENTIALS OF CRIMINAL
INVESTIGATION
What is Criminal Investigation?
It is a process of reconstruction of
event, which incorporates logical
process of deductive reasoning
that leads to a conclusion based on
specific facts
Lawful, objective , logical search
for people and things useful in
reconstructing the circumstances
surrounding the commission of
crimes.
Seeks all facts associated with a
crime to determine the truth
relating to what happened and who
is responsible.
THREE FOLD AIM:
-to identify the guilty party,
-to locate the guilty party,
-to provide evidence to the
suspect’s Guilt
SIX CARDINAL POINTS OF
CRIMINAL INVESTIGATION
The goal of a criminal investigation
id to determine the truth of the
matter, as far as it can be found, in
a post facto inquiry (after the fact),
so that a perpetrator can be
brought to justice or an innocent
party be cleared.
SIX CARDINAL POINTS
1.What specific offense has been
committed?
2.How was the offense committed?
3.Who committed it?
4.Where was the offense
committed?
5.When was it committed?
6.Why was it committed?
THREE INTERDEPENDENT
FACTORS MOTIVE
The reason that pushed the
perpetrator to commit an act with a
definite result in mind.
OPPORTUNITY Refers to the
chance or the occasion to commit
the act.
MEANS
The capability of the perpetrator to
commit the act using the available
tools in hand
The Objective of
Criminal Investigation
1.To detect the crime 2.To locate
and identify suspects in crimes
3.To arrest suspects in crime
4.To recover stolen property 5.To
prepare sound criminal cases
for prosecution
A successful investigation is
therefore one in which;
1.A logical sequence is followed
2.All physical evidence is legally
obtained
3.All witnesses are
effectively interviewed
4.All suspects are legally and
effectively interrogated
5.All leads are thoroughly
developed all details of the case
are accurately and completely
recorded and reported
INVESTIGATIVE PROCESS
FIVE STEPS OF INVESTIGATIVE
PROCESS
Identify and State the Problem
This step of process may seem
quite simple; however, stating the
problem is more than saying that
perpetrator of a crime needs to be
identified and arrested. A criminal
investigator must identify and take
into consideration the entire
problem.
Form A Hypothesis
In order to form a hypothesis, an
investigator must be able to apply
some type of reasoning to
formulate an idea about how the
crime was committed, a subject’s
involvement, or some other aspect
of the crime. An investigator must
be careful not to draw a narrow
hypothesis, or one that is so broad
that nothing meaningful can be
derived from it.
Observe and Experiment
Once a hypothesis is developed,
the investigator has direction to
help identify evidence to support
the investigation the newly An accomplice in the crime may CRIMINAL INVESTIGATOR: The police station , which has
developed hypothesis can be confess his/her involvement in the RESPONSIBILITIES AND territorial jurisdiction of the area
tested by observing individuals and crime and tell the police the ESSENTIAL QUALITIES where the crime was committed,
their actions to see if they support information about the crime shall immediately undertake the
the hypothesis. committed by someone else. CRIMINAL INVESTIGATOR necessary investigation and
Is a public safety officer who is processing of the crime scene,
Interpret Data The investigator BY AN ANONYMOUS TIP tasked to conduct the investigation unless otherwise directed by higher
must be careful to ensure that An anonymous tip may be provided of all criminal cases as provide for authorities for a certain case to be
his/her personal bias does not by unknown person with the hope and embodied under the Revised investigated by other units.
unduly influence the data. of having the police arrest the Penal Code/ Criminal Laws and
Interpreting data means that the perpetrator ,or simply enact Special Penal laws which is 2. OFFICIAL POLICE BLOTTER
investigator must evaluate all the revenge on an enemy or criminal in nature. POLICE BLOTTER 18”x 12”
evidence, statements, and competitor. He/she is well trained, disciplined logbook with hardbound cover that
personal observations in order to and experienced professional in contains the daily register of all
reach a conclusion. BY AN INFORMANT An informant the field of criminal investigation crime incident reports, official
may provide information relating to duties and responsibilities (PNP, summary of arrests, and other
Draw Conclusions a crime in order to collect reward 2011). significant events reported in police
The investigator must employ not money. station.
only deductive reasoning, but more
importantly inductive reasoning to PRELIMINARY INVESTIGATION TOOLS OF INVESTIGATION Separate police blotter shall be
help reach final conclusions Investigation usually conducted by maintained for offenses requiring
concerning the witnesses, the police officer in the field who INFORMATION confidentiality like violence against
evidence, and motivation in the first responds to the call for service This refers to the data gathered by women and children and those
case. or discovers a crime progress and an investigator from either regular cases involving a child in conflict
it also helps establish that a crime or cultivated sources including the with the law.
PROCESS OF CRIMINAL has been committed and attempts victim themselves; and from public
INVESTIGATION to identify the perpetrator. and private records. The duty police officer shall record
the nature of the incident
WAYS ON HOW CRIMES ARE THE GOLDEN HOUR INTERVIEW containing the five “w”s and one
REPORTED The first 72 hours of a murder or This refers to the skillfull “H” of the information and inform
kidnapping/abduction investigation. questioning of suspects and his superior officer regarding the
BY A VICTIM The most crucial time for the witnesses believed to possess occurrence of such incident.
The crime may be reported by the investigator to collect vital evidence knowledge that is official interest to
victim such as assault and robbery. and information on the crime. the investigator. 3. INVESTIGATION TEAM AND
By bringing the crime to the EQUIPMENT
attention of the police, the victim This also the time where most of INSTRUMENTATION
has initiated the first step in the investigative process is prone This refers to the use of forensic All investigators in any police unit
investigation, notifying the police. to error mostly in the response in technology as a tool in the must be a graduate of prescribed
terms of crime scene evidence examination of physical evidence investigation course with a rank of
BY AN EYEWITNESS protection and evidence collection. using established methods. at least PO2 (prerequisite to
An eyewitness or another person assignment).
may have knowledge of a crime FOLLOW UP INVESTIGATION PROTOCOLS IN CRIMINAL
that has been committed and Conducted when the preliminary INVESTIGATION COMPOSITION OF
notifies the police, or someone investigation doe not result in the INVESTIGATION TEAM
else, who brings it to the attention immediate apprehension of a 1.JURISDICTIONAL
of authorities criminal. INVESTIGATION OF THE Team Leader
TERRITORIAL UNIT Investigator/recorder
BY AN ACCOMPLICE CONCERNED Photographer
Evidence custodian
Composite illustrator/artist
4. DUTIES OF THE FIRST
RESPONDER
First Responders- members of
the police, military, fire, medical
teams, and other volunteer
organizations who are expected to
be the first to respond to calls for
assistance in cases of incidents
involving explosives.
DUTIES OF FIRST
RESPONDERS
1.Interpret Data
2.Proceed to crime scene to
validate the information received.
3.Record the exact time of arrival
and all pertinent data regarding the
incident.
4.Cordon of the area and secure
the crime scene with a police line.
5.Check whether the situation still
possess imminent danger and call
for back up if necessary.
6.Identify possible witnesses and
conduct preliminary interview.
7.Arrest suspect if around or
instances where suspect is fleeing.
8.Prepare to take the dying
declaration of severely injured
persons.
8. Evacuate the wounded to the
nearest hospital.
9. Account for the killed , wounded
and arrested persons for proper
disposition.
10. Conduct initial investigation
11. Brief the investigator on case
upon arrival and turn over the
crime scene.
12. Conduct inventory on the
evidence taken at the crime scene.
Inventory receipt should be 5.Confiscated evidence shall be A,Ensure the appropriate inventory
properly signed by the first properly documented and marked. has been made;
responder, SOCO and the 6.Bring the arrested person to the B.Release is accomplished only
investigator. police station for investigation. after the completion of the final
survey and proper documentation
5. DUTIES AND 7. TAKING OF SWORN of evidence, witness victim and
RESPONSIBILITIES OF THE DOCUMENTS OF SUSPECTS suspects
INVESTIGATING C.If the crime scene is within a
TEAM The execution of a suspect’s private property , the same must
waiver shall always be done in the be released to the lawful owner
Take full control of the crime scene presence of his chosen counsel or witnessed by any barangay official.
to include the conduct of crime any independent counsel. D.In case of government facility , it
scene search, taking of should be released to the
photographs, making sketches; 8. TAKING OF SWORN administrator.
lifting of fingerprints; marking of DOCUMENTS OF THE
physical evidence , transmittal of WITNESSES 11. FOLLOW UP OF A CASE
evidence to crime laboratory , Sworn statement/ affidavit of
interview of witnesses, gathering complainant and witness must be The investigator shall conduct
and evaluation of evidence; follow taken immediately by the police operation to identify and
up of the case and the investigator-on-case. Affidavit of apprehend suspect based on the
documentation and filing of arrest of arresting officers must be results of the initial investigation
appropriate charges in court. taken immediately not later than 24 conducted.
hours.
6. INVESTIGATION OF 12. PREPARATION OF THE
SUBJECTS 9. PREPARATION OF REPORTS INVESTIGATION PLAN
AND FILING OF CHARGES
SUSPECTS- individuals who are The conduct of police operation
pointed to be by the victim and 1.Spot report within 24 hours to involving sensational cases, high
witness to have had committed the Head Quarters profile and heinous crimes must be
crime in issue. Subject person is 2.Progress report covered by case investigation plan.
not considered as a criminal unless 3.After report operation report
otherwise his/her conviction is 4.Final report after the case is filed 13. ATTENDANCE TO COURT
pronounced in the court. before the prosecutors office/court DUTIES
5.Accomplishment report
PROCEDURES WHEN ARREST The investigator –on-case and
IS MADE 10. PROCEDURE IN THE arresting officers shall endeavour
RELEASE OF THE CRIME to ensure their attendance during
1.Secure the person arrested SCENE court hearing while chief of police
(handcuff at the back shall supervise and ensure the
2.Inform the arrested person on the CRIME SCENE – e venue or place attendance of witness.
course of his arrest and his rights where the alleged crime/ incident
as provided in the Constitution /event has been committed. 14. UNIFORM OF
3.Conduct thorough search for INVESTIGATOR
weapons and other illegal materials In order to remove the cordon and
against the suspect release the crime scene these Prescribed uniform should be worn
4.Use reasonable force in making needs to be followed : by investigator when conducting
arrest investigation so as to identify them
as PNP personnel.
 CRIMES SCENE ACCORDING TO -To apprehend the suspected
BASIC COMPONENTS AND SOURCE OF EVIDENCE offender UPON RECEIPT OF CALL/WALK-
PROCESS OF CRME SCENE -To protect and if necessary, collect IN COMPLAINANTS DUTY DESK
INVESTIGATION PRIMARY CRIME SCENE and preserve evidence OFFICER
Investigation usually begins where -To cordon off and protect the area SHALL:
CRIME SCENE the body is originally found
The venue or place where the INVESTIGATOR-ON-CASE a. Record the time it was reported;
alleged crime/ incident/ event has SECONDARY CRIME SCENE Refers to the duty investigator duly b. Get the identity of the
been committed. -Where the victims are confirmed. assigned or designed to conduct caller/complainant;
-Where the assault initially took the inquiry of the crime by following c. Get the place of the incident;
• CRIMES SCENE place. a systematic set of procedure and d. Get the nature of the incident;
ACCORDING TO TIME -Route to and from the preliminary methodologies for the purpose of e. Get the number of victim/s;
OF COMMISSION crime scene. identifying witnesses, recovering f. Record a brief synopsis of the
-Method used to transport the evidence, arresting and incident;
DAY TIME CRIME SCENE victim. prosecuting perpetrators. g. Direct the nearest mobile
From sunrise to sunset ( 6:00am- -Any place where evidence is car/beat patrollers or the nearest
6:00 PM) located. SCENE OF THE CRIME police precinct to act as first
NIGHT TIME OPERATION responder equipped with “police
From sunset to sunrise( 6:00pm- CRIME SCENE INVESTIGATION The scene of the crime operative line” to secure the place of
6:00 am) refers to the functional capability of incident a camera; and
Refers to the post-incident police the PNP, crime laboratory h. Inform the duty investigator
operational procedures performed by its trained personnel (preferably one team of
• CRIMES SCENE undertaken at the crime scene through the recognition, investigators)
ACCORDING TO when a crime has been committed. methodical search, proper AT THE CRIME SCENE
LOCATION documentation/ recording and
Crimes can’t be solved by a single collection of physical evidence at The First Responder shall perform
INDOOR CRIME SCENE individual no matter how good the crime scene. his/her duty as stated in Chapter I
Affords the crime scene protection he/she is, it needs to be solved by Protocol 4. PNP Criminal
from weather and allows a team of experts in order to be GENERAL INVESTIGATIVE Investigation Manual 2011 2 - 2 - In
investigators to take time and successful and be shrouded by a PROCEDURES addition, check the condition of the
process the scene in a slow veil of stringent accountability. victim while the other members of
methodical manner, without PURPOSE the first responders shall
concern for weather influences. BASIC COMPONENTS OF This investigative procedure is simultaneously secure the area by
CRIME SCENE designed to adapt to the current putting a police line or any material
OUTDOOR CRIME trends in modern investigation, in (like rope, straw and etc)
most vulnerable to weather FIRST RESPONDER line with the PNP Integrated
condition and present more Members of the police, military , Transformation Program which IF THE SUSPECT IS ARRESTED
problems fire, medical teams, and other seeks to improve and integrate the AT THE CRIME SCENE
volunteer organizations who are different manuals used by the PNP
CONTINUING/ MIXED CRIMES expected to be the first to respond to serve as guide in all aspects of 1.Get the names of the persons
SCENES to calls for assistance in cases of police investigation. It also aims to who turned-over or arrested the
from indoor to outdoor incidents involving explosives. come up with a definite suspect.
investigative procedure on specific 2. Isolate the arrested suspect/s
SPECIAL LOCATION FOUR MAIN TASKS OF FIRST cases from the time the incident and separate them from any
Most difficult to handle because of RESPONDER happened, until the case is filed, probable witness of the incident.
its nature, it needs special support which will be adopted by the PNP 3. Record what time the suspect
resources to process -To give first aid investigators in pursuing their was arrested.
mandated tasks.
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 o 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.
6. Designate a member of the team
or ask other policemen or
responsible persons to stand watch
and secure the scene and permit
only authorized persons to enter
the same.
7. Identify and retain for
questioning the person who first
notified the police, and other
possible witnesses.
8. Determine the assailant through
inquiry or observe him if his identity
is immediately
apparent. Arrest him if he is still in
the vicinity.
9. Separate witnesses in order to
get independent statements.
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 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.
SEARCHING FOR EVIDENCE
1.Each crime is different, according
to the physical nature of the scene
and the crime or offense involved.
Consequently, the scene is
processed in accordance with the
prevailing physical characteristics
of the scene and with the need to
develop essential evidentiary facts
peculiar to the offense. 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
victims fingerprints.
9. Proceed systematically and
uninterruptedly to the conclusion of
the processing of the scene. The
search for evidence is initially
completed when, after a thorough
examination of the scene, the
rough sketch, necessary
photograph and investigative notes
have been completed and 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. The
policeman may first search the
strip on his left as he faces the
scene and then the adjoining
strips.
12. It may be advisable to make a
search beyond the area considered
to be the immediate scene of the
incident or crime. For example,
evidence may indicate that a
weapon or tool used in the crime
was discarded or hidden by the
offender somewhere within a
square-mile area near the scene.
13. After completing the search of
the scene, the investigator
examines the object or person
actually attacked by the offender.
For example, a ripped safe, a desk
drawer that has been pried open or
a room from which items has been
stolen, would be processed after
the remainder of the scene has
been examined for traces of 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.
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.
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 collectors
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
2Initials 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.
EVALUATION OF EVIDENCE
Each item of evidence must be
evaluated in relation to all the
evidence, individually and
collectively. If necessary, these
pieces of evidence must be
subjected to crime laboratory
examination. Example: firearms for
ballistic examination, hair strands
etc
PRESERVATION OF EVIDENCE
It is the investigators 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.
RELEASING OF EVIDENCE
All collected evidence can only be
released upon order of the court or
prosecutor,
as the case maybe
CHAIN OF CUSTODY A list of all
persons who came into possession
of an item ofevidence, continuity of 3. Submit a known or standard
possession, or the chain of specimen for comparison
custody, must be established purposes.
whenever evidence is presented in 4. Keep each specimen separate
court as an exhibit. Adherence to from others so there will be no
standard procedures in recording intermingling or mixing of
the location of evidence, marking it known and unknown material.
for identification, and properly Wrap and seal in individual
completing evidence submission packages when necessary.
forms for laboratory analysis is 5. Mark or label each of evidence
critical to chain of custody. Every for positive identification as the
person who handled or examined evidence taken from a
the evidence and where it is at all particular location in connection
times must be accounted for. with the crime under investigation.
6. The chain of custody of
TRANSMITTAL OF EVIDENCE evidence must be maintained.
TO THE CRIME LABORATORY Account for evidence from the time
Proper handling of physical it is collected until it is produced in
evidence is necessary to obtain the court. Any break in this chain of
maximum possible information custody may make the material
upon which scientific examination inadmissible as evidence in court.
shall be based, and to prevent
exclusion as evidence in court.
Specimens which truly represent
the material found at the scene,
unaltered, unspoiled or otherwise
unchanged in handling will provide
more and better information upon
examination. Legal requirements
make it necessary to account for all
physical pieces of evidence from
the time it is collected until it is
presented in court.
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.