SPECIALIZED CRIME INVESTIGATION 2

(WITH SIMULATION ON INTERVIEW AND INTERROGATION)

INTRODUCTION
Special Crime Investigation deals with the study of major crimes based on the
application of special investigative technique.
The study concentrates more on physical evidence, its collection, handling, identification
and preservation in coordination with the crime laboratory. Special Crime Investigation
involves a close relationship between the prober in the field and the crime laboratory
technician. They work together as a team, reacting to and extending one another’s theories
and findings both working patiently and thoroughly to solve a crime from their investigative
discoveries.
The present criminal justice system in our country, the court relies more on physical
evidence rather than extra-judicial confession.

DEFINITION OF CRIMINAL INVESTIGATION

 The term “investigation” came from the Latin word vestigium which means “footprints,
track.” Joined with "the prefix “In- “the noun vestigium gave rise to the verb
investigare. This word means both “to track or to trace by footprints” and “to study or
examine closely.” Only the second meaning was kept when the verb was barrowed into
English as investigate (Wordcentral)
 It is the act or process of examining a crime, problem, statement, etc. carefully
especially to discover the truth (Cambrige Dictionarty)
 It is the process of inquiring, electing, soliciting and getiing vital information, facts,
circumtances in order to establish the truth.

SPECIAL CRIME INVESTIGATION

 Is the investigation of cases that are unique and often required special training to fully
understand their broad significance. Homicide, robbery case, and sexual offenses,
kidnapping, carnapping, bomb threats and explosions, illegal recruitment, and terrorist
activities are examples of cases that call for special crime investigation. Despite their
relatively low frequency when compared with “standard” crimes, offenses involving
special crime investigation are increasing and their impact on society are being felt more
strongly.

Criminal investigation refers to the art and science of collecting, processing and analyzing
information and facts associated with and for the purpose of the following:
1. To identify the guilty party,
2. To locate the guilty party, and
3. To provide evidence of his guilt.

THE GOLDEN RULE IN CRIMINAL INVESTIGATION

“Do not touch, alter, move, or transfer any object at the crime scene unless it is
properly marked, measured, sketched and or photographed”
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GOALS OF CRIMINAL INVESTIGATION
1. To determine whether a crime has been committed.
2. To legally obtain information or evidence.
3. To identify persons involved in the crime.
4. To arrest suspects
5. To recover stolen properties
6. To present the best possible case to the prosecutor

The four phases of criminal investigation

1. The identification of criminal.
2. The criminal is traced, located and arrested.
3. The facts or evidence to prove the guilt of the accused are gathered.
4. Pieces of evidence are presented in court.

The Four phases of criminal investigation help the law enforcement in identification of the
perpetrator, to traced them, and to located and arrested.

CRIMINAL INVESTIGATOR
 A public safety officer who is tasked to conduct the investigation of all criminal
cases as provided for and embodied under the revised penal code, criminal laws
and special laws which are criminal in nature. A well trained, disciplined and
experienced professional in the field of criminal investigation.
 A person who is charged with the duty of carrying, on the objectives of criminal
investigation, e.g., to identify and locate the guilty and provide evidence of his guilt.

ROLES OF AN INVESTIGATOR
1. Determine whether a crime has been committed
2. Identify the victims and the offender
3. Locate and apprehend the accused
4. Present evidence of guilt for the suspect
5. Assist in case follow up

QUALIFICATIONS OF INVESTIGATOR
1. Perseverance- refers to the steadfastness, persistence and resolution to bring the
desired conclusion in spite of obstacles connected with criminal investigation.
2. Endurance- ability to last physically and mentally hence, he must have the extraordinary
physical and mental energy, enduring sleepless night and tiresome days.
3. Incorruptible honesty and integrity- in the practice of his art, there is the ever
temptation of money, women and drinks where these are present in every corner
playing tricks of temptation.
4. The intelligence and wisdom of Solomon- very important in order that the investigator
could easily decipher falsehood from truth and separate the gain from the chaff.
5. Acting activity- it is the ability to go down to the level of the minor, the prostitute or
slum dwellers, or the level of the other professionals or the members of the elite

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 6. Mastery of the oral and written communication- in order that he will not suffer setback
in getting the accurate facts especially in the preparation of reports and or transmittal of
information.
7. The keen power of observation and description- these are very important in crime
scene investigation and in interview and interrogation.
8. Courage- it is the moral fortitude to tell the truth no matter who will be hurt.
9. Working knowledge- of criminal, evidence, criminal procedure, and penal special laws.
10. The power to read between the lines- this is the ability of the investigator to interpret
the words or phrases encountered in the process of investigation in their deeper
meaning in order to arrive with concrete meaning of a certain statement.
11. Working knowledge of martial arts and firearms and proficiency- he will find himself
many occasions that he will be alone in confronting, arresting, bringing to headquarters
and interrogating the suspect.

RESPONSIBILITIES OF SPECIAL CRIME INVESTIGATOR

For a competent reactive response in controlling criminals, the following responsibilities
are required to be meticulously performed by the investigator in handling special crime.
1. Determine if the crime has been committed
In general, the responsibility for determining whether or not a crime has been
committed is easily charged. An investigator familiar with the elements of, at least,
the more common crimes will be able to handle most situations. First, the
investigator should have available copies of both revised penal code and special
laws. This ought to suffice for many of the more difficult cases. Second, the
prosecuting fiscal can be consulted. Third, if it is determined that no crime is
involved or the issue is civil litigation, with rare exceptions, criminal law enforcement
agencies have no responsibility.
2. Verify jurisdiction
If a crime is not within the investigator’s jurisdiction. There is no responsibility
for its investigation, but the complainant may need to be referred to the proper
authority. Occasionally, a crime is committed on the borderline of two jurisdiction.
Depending on whether it has the potential for publicity affords the chance to make
a “god arrest” or is inherently interesting or important, and investigator will seek to
retain authority over the case or talk the other jurisdiction into accepting it.
3. Discover all facts and collect physical evidence
The facts available to the first officer to arrive at a crime scene are provided by
the victim or complainant and any eye witness. Except law enforcement agencies
with programs in place for managing criminal investigation dispatched to investigate
the crime. The investigator may decide to verify and pursue all of them or to home
in on special details. This verification and follow up process usually furnish the
answer to what, when, where, and possibly, how, and why the crime was
committed. Besides, the investigator will collect any physical evidence or arrange for
its collection and examination in the criminalistics laboratory. Depending on the kind
of information provided, immediate follow-up might be required, or the investigator
may have to await laboratory results. In either case, it is essential, at this point, to
follow through on any clue that holds promise for the identification of the
perpetrator, and promptly exploit it.
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 4. Recover stolen property
The recovery of the stolen property has significance on a parallel with the
identification to the perpetrator. The reports required, of secondhand dealers and
pawn shops. Are of great help to criminal investigators. They facilitate the
identification of items brought in for pawn since many thieves use this means to
concert their loot into cash. But the dual description supplied victim and pawnshop
of the purloined and pawned item must be accurate if it is to be matched in the
stolen property file. Accuracy is assured if the forms the pawnbroker and
investigator must complete are designed so that each collect and provides identical
details. When utilized properly. The information they elicit will be quite similar and
both forms should fall into the same slot in the stolen property.
5. Identify perpetrator
In addition to the role secondhand dealers and pawnbrokers play in the recovery
of stolen property, there is a chance that the other merchants engaged in buying
and selling may be able to describe who brought in a particular item. Usually, the
seller is required to fill out a form giving a name, address, telephone number, and
place of employment, thereby, unwittingly, making a sample of handwriting or
printing available. Surprisingly, the individual pawning stolen goods will, more than
the inexperienced might guess, provide factually correct information. When this
occurs. The case solution is quite simple.
6. Locate and apprehend the perpetrator
When people who know the perpetrator are willingly or unable to provide an
address or a clue to his or her whereabouts, records may provide the information
when the suspect is located, apprehension seldom presents difficulties: if it does, a
raid may be called for. Planning and staging and raid require coordination, but this is
essentially a police function rather than an investigative one.
7. Aid in the prosecution of the perpetrator
Largely, as a result of plea bargaining, only few cases that are investigated and
solved eventually go to trial, but the investigator must operate on the assumption
that each will be tried. This necessitates that proper notes photographs and
sketches are made in the timely fashion, from the very beginning and that the
physical evidence present is properly handled and examined.
8. Testify effectively in court
Although few people are comfortable when called to the witness stand the
experienced investigator who has testified often can appear jaded, yet testimony is
effectively only when it is credible. When sincerity knowledge of the facts and
impartiality are projected, credibility is established. In all event, it is helpful that the
investigator is familiar with the rules of evidence and the pitfalls of cross-
examinations.

SIGNIFICANCE OF RECONSTRUCTING THE PAST

The information needed to reconstruct the past is available through three sources:
People, Physical Evidence, and Records. Special crime investigators, more concerned with the
immediate past, often put all these three sources to use:
1. PEOPLE
As long as general, specific, or intimate knowledge concerning the
individual, endures, it can be acquired by those who know how. People are
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 social beings and information on them can usually be found in the
possession of the family. Relatives, work or business associates, and others
who share their recreational interests. It can also be picked up accidentally.
Through those who were witness to, or the victim of crime. The careful
investigator identifies and exploits all potential sources. Some people will
talk willingly, and some will be reluctant to disclose what they know.
The investigator must learn how to overcome resistance and retrieve
facts that were overlooked, forgotten, or thought not important enough to
mention.
2. PHYSICAL EVIDENCE
Any object of materials nature is potential physical evidence. The scientific
specialists, which undertake most examinations of physical evidence, use
forensic medicine, chemistry, and criminalistics their purpose being the
acquisition of facts, the following questions arise: what is the material? If
found at a crime scene, can it be linked to or help exonerate a suspect? Can
it be used to reconstruct what happened? In a homicide what was the cause
of death?
3. RECORDS
Records are the form of physical evidence. However, they receive
separate treatment because they are widely scattered voluminous and have
specialists devoting full time to their storage and retrieval. Modern society
relies on paper records by storing the information collected day in and out.
Later this can prove useful in a criminal investigation. Records need not be
printed or handwritten. They may be stored on film, tape, or even computer
disc or hard drive.

ELEMENT OF MANAGING SPECIAL CRIME INVESTIGATION

Five elements are viewed as significant in the management of special criminal
investigation:
1. INITIAL INVESTIGATION
There is a major difference between a traditional investigation effort and
managing a special crime investigation. The latter hands over Responsibility for
the initial investigation to the patrol officer responding to the radio call. The aim
is to have the uniformed police officer obtain all information available at the
crime scene so that this task need not be repeated, should an investigator be
assigned to continue it. There are, however, implications of this procedural
change that are overlooked in the special crime investigation literature. For
instance, the parole officer needs in-depth training in the recognition and
preservation of physical evidence at the crime scene — more than is customary
provided. If moved, trampled, or touched, the investigative and probative value
of such evidence can be greatly diminished or even destroyed in certain
situations.
2. CASE SCREENING
Another important difference is the way managing special crime
investigation utilizes the initial information when screening a case to determine
whether to close it out, as unsolvable or as to recommend further investigation.
Experiences clearly demonstrate that every case is not solve but, form cases that
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 were successfully investigated, empirical research has identified solvability
factors. The presence of these factors suggests that the solution is possible if the
case is pursued further period a negative answer to all or most of the solvability
factors, constitutes grounds for closing a case. If these factors are present, their
quality and numbers must be evaluated.
3. CONTINUING INVESTIGATION
Under the traditional arrangements, an investigator caught cases by
chance. This means that the individual on duty was responsible for all cases that
came in and fore deciding which to pursue and which to can that is kept in a
personal file, off the official record as warranting no further effort. This practice
has many shortcomings. Once is that the caseload is an event because they are
dependent on the day of the week that the tour of duty happens to fall,
weekends being the heaviest. Another shortcoming is their inefficient use of a
special talent. This becomes obvious when a good robbery investigator is
assigned to sex crimes and a good sex crime investigator is assigned to a robbery.
Another added shortcoming is the lack in continuity resulting when an
investigator keeps all moves secret, is unavailable for an unexpected
development, and informs no one else about the sequel. Another flaw is the fact
that an investigator determines the size and nature of the workload, has little
accountability, and operates in an atmosphere of low visibility.
Managing a special crime investigation’s goal is to eliminate these
shortcomings by establishing administrative controls and organizing investigative
resources more effectively. The former may be accomplished through perceptive
supervision, case review, and reporting, the latter by turning to the special
model. The expansion of the patrol officer’s role is pivotal as the expectation of
the better communication between patrol officers and investigators.
The organized resources more effectively in selected categories of cases,
managing special crime investigation delegates the responsibility for a continuing
investigation to the patrol officer, thereby reducing the workload for
investigators and releasing their special skill to be developed elsewhere.
Meanwhile, a pool of talent cane be identified from the patrol officer that will be
available when career advancement opportunities arise.
4. POLICE -PROSECUTOR RELATIONS
The traditional practice in the criminal justice system has been for each
segment to act independently, with little concern for the component parts. For
instance, the law enforcement agency seldom talks to much less, exchange ideas
and opinions with correctional people, Judge or prosecutors, or even with the
community members. Many uniformed patrol officer and investigators hold
uncommon view that they have an adversarial relationship with the prosecutor’s
office. Thus, under managing special crime investigation, the prosecutor
evaluates and marshals’ evidence before initiating criminal proceedings to
determine if the law enforcement standards for charging, including and
convincing an offender have been met. If they have not, the prosecutor should
explain what must be done to meet standards.
5. INVESTIGATIVE MONITORING SYSTEM
A kiss monitoring system is a set up to give administrators continuous
feedback on the investigation process and the quality of personnel performance.
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 The monitoring might focus on the present age of cases assigned for continuing
investigation and, whether or not, the interval between assignment and case
closure has changed. If sufficiently detailed, the system will identify problems
and facilitate the development of remedies. With respect to personal
performance, monitoring can be put to use in building a profile of each
investigator’s ability, assessing productivity and identifying

HOMICIDE INVESTIGATION

Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.

Primary Job of the Investigator

1. To discover whether an offense has been committed under the law.
2. To discover how it was committed
3. Who committed it and by whom it was committed
4. When it was committed
5. And under certain circumstances why it was committed

Responsibilities of a Homicide Investigator

1. When called upon to investigate violent death, he stands on the dead man’s shoes to
produce his instincts against those suspects.
2. The enthusiasm and intelligence the investigator brings in the case marks the difference
between a murderer being convicted and set free.
3. If he interprets a criminal death accidental or natural, a guilty person is set free.
4. Remember that the police is the first line of defense in the effective application of
criminal justice.

Mistakes in the Homicide Investigation

1. The mistakes of the homicide investigator cannot be corrected.
2. The homicide investigator should not cross the three bridges which he burns behind
him. It is important that competent personnel adequately handle the case.

Three Bridges:
1. The dead person has been moved
2. The cadaver is embalmed
3. The body is burned or cremated

Basic Guide for the Investigator to look upon is to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party

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 Title Eight
CRIMES AGAINST PERSON
(Destruction of Life)

Art. 246. Parricide – Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty of parricide.

Penalty: Reclusion Perpetua (20 years and 1 day to 40 years imprisonment) to death.

Elements:
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant, or the legitimate spouse, of the
accused.

Art. 247. Death or physical injuries inflicted under exceptional circumstances– Any legally
married person who, having surprised his spouse in the act of committing sexual intercourse
with another person, shall kill any of them or both of them in the act or immediately thereafter,
or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any kind, he shall be exempt from
punishment.
These rules shall be applicable, under the same circumstances, to parents, with respect
to their daughters under eighteen years of age, and their seducer, while the daughters are
living with their parents.
Any person who shall promote or facilitate prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the
benefits of this article.

Penalty: Destierro (prohibition to enter the place or places designated in the sentence, nor
within the radius therein specified, which shall be not more than 250 and not less than 25
kilometers from the place designated.

Art. 248. Murder– Any person who, not falling with the provisions of Article 246, shall kill
another, shall be guilty of murder and shall be punished by Reclusion Perpetua to death, if
committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity;
2. In consideration of a price, reward or promise;
3. By means of Inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles or
with the use of any other means involving great waste and ruin;
4. On occasion of any of the calamities of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity;
5. With evident premeditation;

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 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.

Penalty: Reclusion Perpetua (20 years& 1 day to 40 years imprisonment) to death.

Elements of murder:
1. That a person is killed.
2. That the accused killed him.
3. That the killing was attended by any of the qualifying circumstances mentioned in Article
248.
4. The killing is not parricide or infanticide.

TREACHERY
Plain and simple, there is treachery if the offended party was not given opportunity to make a
defense.

MEANING OF PREMEDITATION
Premeditation is the act of mediating in advance; deliberation upon a contemplated act;
a design form to do something before it is done.

The essence of premeditation is that the execution of the criminal act must be preceded
by COOL THOUGHT and REFLECTION upon the resolution to carry out the criminal intent during
the space of time SUFFICIENT to arrive at a calm judgment.
There is no evident premeditation without proof of planning.

EVIDENT – Clear to the eye or judgment.

ART. 249. Homicide – Any person who, not falling within the provisions of Article 246
(Parricide) shall kill another, without the attendance of any of the circumstances enumerated in
the next preceding article (Article 248), shall be deemed guilty of homicide.

Penalty: Reclusion temporal (12 years& 1 day to 20 years imprisonment)

ART 255. Infanticide

The killing of a child less than three days of age, whether the killer is the parent or
grandparent, any other relative of the child, or a stranger.

Penalty:
1. The penalty provided in parricide and murder shall be imposed.
2. If the crime penalized in this article be committed by the mother of the child to conceal
dishonor, she shall suffer the penalty of prision mayor (6 years & 1 day to 12 years
imprisonment) in its medium and maximum periods. If committed by maternal
grandparents or either of them, the penalty shall be reclusion temporal (12 years& 1
day to 20 years imprisonment).

HOMICIDE INVESTIGATION PROCEDURES

Criminal Investigation of homicide is a discovery process. The investigator seeks to discover and
document such facts as type of death, identity of the deceased, cause of death 4 and motivation and

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identity of the perpetrator. In order to resolve these fundamental questions, the investigation will focus
on the cadaver, crime scene and post mortem examination.
The cadaver is often of prime importance as an investigative factor. The victim’s body can reveal
much through examination of wounds and other types of tracing clues that may be present

ROBBERY INVESTIGATION

Article 293 – Robbery in General

Any person who, with intent to gain, shall take any personal property belonging to another by
means of violence or intimidation of any person, or by using force upon anything shall be guilty of
robbery.

Elements of Robbery

1. That there be personal property belonging to another;

2. That there is unlawful taking of that property;

3. That the taking must be with intent to gain; and

4. That there is violence against or intimidation of any person, or force upon things.

How robbery with force upon things is committed?

The malefactors shall enter the house or building in which the robbery was committed by any of
the following means:

1. Through an opening not intended for entrance

2. By breaking any wall, roof, floor or breaking any window or door.
3. By using false key or picklocks
4. By using fictitious name or pretending the exercise of public authority
5. By breaking of doors, wardrobes, closets or any kind of locked or sealed furniture or
receptacle
6. By taking such furniture or objects away to be broken or forced open outside the place of
robbery.

General Types of Robbers

1. Amateurs – motivated by greed, the desire for a thrill and self-testing.

2. Professionals – are those persons who worked as robbers as a trade making it their living
and having no other means of income.

Note: Robbery – This is the taking or personal property belonging to another, with intent to gain, by
means of violence against, or intimidation of any person, or using force upon anything.

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Two Kinds of Robbery:
1. Robbery with violence or intimidation; and
2. Robbery with force upon things.
a. Belonging to another – person from whom property was taken need not be the legal
owner, possession is sufficient. The property must be personal property and cannot
refer to real property.
b. Name of the real owner is not essential so long as the personal property taken does not
belong to the accused except if crime is robbery with homicide.
c. Taking of personal property – must be unlawful; if given in trust – estafa.
d. As to robbery with violence or intimidation – from the moment the offender gains
possession of the thing even if offender has had no opportunity to dispose of the same,
the unlawful taking is complete.
e. As to robbery with force upon things – thing must be taken out of the building.
f. Intent to gain – presumed from unlawful taking – intent to gain may be presumed from
the unlawful taking of another’s property. However, when one takes a property under
the claim of ownership or title, the taking is not considered to be with intent to gain.
(U.S. vs. Manluco, et. al., 28 Phil.360)
g. When there’s no intent to gain but there is violence in the taking- grave coercion.
h. Violence or intimidation must be against the person of the offended party, not upon the
thing.
i. General rule: violence or intimidation must be present before the “taking” is complete.
Exception: when violence results in-homicide, rape, intentional mutilation or any of the
serious physical injuries in par. 1 and 2 of ART. 263, the taking of property is robbery
complex with any of this crime under ART. 294, even if taking is already complete when
violence was used by the offender.

j. Use of force upon thing – entrance to the building by means described and ART. 299 and
302 (Offender must enter). The other kind of robbery is one that is committed with the
use of force upon anything in order to take with intent to gain, the personal property of
another. The use force here must refer to the force employed upon things in order to
gain entrance into a building or a house. (People vs. Adorno, C.A. 40 0.G.567).
k. When both violence or intimidation and force upon things concur – it is robbery with
violence.

Robbery and Theft, compared.

a. Both robbery and theft involved unlawful taking as an elements;
b. Both involve personal property belonging to another;
c. In both crimes, the taking is done with intent to gain;
d. In robbery, the taking is done either with the use of violence or intimidation of person or the
employment of force upon things; whereas in theft, the taking is done simply without the
knowledge and consent of the owner.

Investigative Techniques in Robbery cases:

a. The investigator must initiate similar preliminary steps upon reaching the crime scene.
b. Determine the point of entrance and point of exit by the perpetrator.
c. Determine the value of stolen articles.
d. The full and detailed description of the stolen articles.
e. Gather physical evidence.
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 f. Determine the modus operandi of the perpetrator as it would give leads in the identification
and arrest of the suspect.
g. Full and detailed description of a get-away vehicle if any, or vessel, boat in cases of piracy.
h. Coordinate with other law enforcement agencies.
i. Exploit investigative leads.
j. Written testimony of the complainant witness.
k. Accumulate clues and traces at the scene of a crime which will serve to identify the
offender.
l. Develop informants in the local underworld who are aware of the activity of robbery,
particularly the activity of the semi-skilled amateur groups. (Usually the addict-robber)
m. Conduct a surveillance of likely fences and uncover and trace back stolen property from its
receiver to the robber.
n. Conduct surveillance of known burglars to ascertain if they are presently committing
robbery.
o. Accumulate information on various types of robbers, the known and newcomers whether
they are in or out of prison, whether they are active.
p. Be alert on a modified modus operandi.
q. In cases where homicide is committed, follow the pattern of homicide investigation.

ARREST AND SEARCH

1. ARREST
A. Definition of arrest. (Sec. 1) – Arrest is the taking of a person into custody in order
that he may be bound to answer for the commission of an offense.

All arrests should be made only on the basis of a valid Arrant of Arrest issued by
competent authority, except in instances where the law allows warrantless arrest.
1. Warrant of Arrest - an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to peace officer, commanding him to
arrest a person and bring him before the court.

2. Rights of a person under arrest or Custodial investigation:

“You are now under arrest/custodial investigation for ______. You have the
right to remain silent and to have a competent and independent counsel of your
own choice, and if you cannot afford the services of the lawyer, one shall be
provided for free by the government. Any statement made by you during
investigation may be used for or against you in any Court of Law of the
Philippines.” (These rights cannot be waived except in writing and in the
presence of a counsel.)

B. Arrest; how made (Sec. 2) – An arrest is made by an actual restraint of a person to

be arrested, or by his submission to custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person
arrested shall not be subjected to a greater restraint than is necessary for his
detention.

1. Making the arrest.

a. Use good judgment in connection with the arrest.
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 b. Assume that the subject is armed and will take your life if given the opportunity.

2. Arrest on the street.

a. This should be made from the side or rear of the person to be
arrested, when possible.
b. Suspect should be forced toward the building.
c. Avoid congested area, when possible.
3. Arrest at Home, Office, or Business Establishment
a. Restrict the subject’s movement. Do not rant request for personal privileges
before being searched.
b. Clothing and other things requested should be examined for weapons or items of
evidence before turning them over to the subject.
C. Duty of arresting officer (Sec. 3) – It shall be the duty of the officer
executing the warrant to arrest the accused and deliver him to the nearest police
station or jail without unnecessary delay

1) The person arrested, with or without warrant, shall be informed of his constitutional
rights to remain silent and that any statement he might make could be used against him. He
shall have the right to communicate with his lawyer or his immediate family. It shall
be the responsibility of the arresting officer to see to it that this is accomplished.

2) A person arrested without a warrant shall be immediately brought to the proper police
station for investigation without necessary delay and within the time prescribed in
Art. 125 of the Revised Penal Code, as amended (i.e. 12, 18, or 36, as the case may be), shall
subjected to inquest proceedings under Section 7, Rule 112 of the2000 Rules of Criminal
Procedure.

3) No torture, force, violence, threat, intimidation or any other means which vitiate the free
will shall be used against an arrested person. The bringing of arrested persons to secret
detention places, solitary confinement (incommunicado) or other forms of detention are
prohibited.

4) If the person arrested without a warrant waives his right under the provisions
of Article 125 of the Revised Penal Code, the arresting officer shall ensure he signs a waiver of
detention in the presence of his counsel of choice. If the person arrested waives his right
against self-incrimination and opts to give his statement, the arresting officer shall ensure that
the waiver be made in writing and signed by the person arrested in the presence of
counsel of his own choice or a competent and independent counsel provided by the
government.

5) When transporting the suspect/s to the police station, be sure that no weapon/s are
retained on their persons that could be used against the arresting officer regardless if the
person arrested is a noted criminal or not. It is also a must that the arrested person/s be
handcuffed to prevent violence.

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 D. Execution of warrant. (Sec. 4) – The head of the office to whom the warrant of
arrest was delivered for execution shall cause the warrant to be executed within ten
(10) days from its receipt. Within ten (10) days after the expiration of the period, the
officer to whom it was assigned for execution shall make a report to the judge who
issued the warrant. In case of his failure to execute the warrant, he shall state the
reason therefore.

E. Arrest without warrant; when lawful (Sec. 5) – A peace officer or a private person
may, without a warrant, arrest a person:

1. When, in his presence, the person to be arrested has committed, is

actually committing, or is attempting to commit an offense;
2. When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.

In cases falling under paragraphs (1) and (2) above, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded
against in accordance with section 7 of Rule 112.

F. Time of making arrest (Sec. 6) – An arrest may be made on any day and at any time
of the day or night.

G. Method of arrest by officer by virtue of warrant. (Sec.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 the fact that a warrant has been issued for his arrest, except when
he flees or forcibly resists before the officer has opportunity to so 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.

H. Method of arrest by officer without warrant (Sec. 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, unless the latter is either
engaged in the commission of an offense, is pursued immediately after its
commission, has escaped, flees, or forcibly resists before the officer has opportunity
to so inform him, or when the giving of such information will imperil the arrest.

I. Method of arrest by private person (Sec. 9) – When making an arrest, a private

person shall inform the person to be arrested of the intention to arrest him and the
case of the arrest, unless the latter is either engaged in the commission of an
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 offense, is pursued immediately after its commission, or has escaped, flees, or
forcibly resists before the person making the arrest has opportunity to so inform
him, or when the giving of such information will imperil the arrest.

J. Officer may summon assistance (Sec.10) – An officer making a lawful arrest may
orally summon as many persons as he deems necessary to assist him in effecting the
arrest. Every person so summoned by an officer shall assist him in effecting the
arrest when he can render such assistance without detriment to himself.

K. Right of officer to break into building or enclosure (Sec.11) – An officer, in order to

make an arrest either by virtue of a warrant, or without a warrant as provided in
Section 5, may break into any building or enclosure where the person to be arrested
is or is reasonably believed to be, if he is refused admittance thereto, after
announcing his authority and purpose.

L. Right to break out from building or enclosure (Sec. 12) – Whenever an officer has
entered the building or enclosure in accordance with the preceding section, he may
break out there from when necessary to liberate himself.

M. Arrest after escape or rescue (Sec. 13) – 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.

N. Right of attorney or relative to visit person arrested (Sec. 14) – Any

member of the Philippine Bar shall, at the request of the person arrested or of acting
in his behalf, have the right to visit and confer privately with such person in the jail
or another place of custody at any hour of the day or night. Subject to
reasonable regulations, a relative of the person arrested can also exercise the same
right.

O. Arrest of Minors (RA 9344 Juvenile Justice Act of 2005) - If it has been determined
that the child taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child has the duty to
immediately release the child to the custody of his/her parents or
guardian, or in the absence thereof, the child’s nearest relative. Said authority
shall give notice to the local social welfare and development officer. If the parents,
guardians’ or nearest relatives cannot be located, or if they refuse to take custody,
the child may be released to any of the following;
a. Duly registered non-government and religious organization.
b. A barangay official or a member of the Barangay Council for the Protection of
Children (BCPC).
c. A local social welfare and development officer.
d. Department of Social Welfare and Development.

P. Detention and Bodily Search of Minor – A child in conflict with the law shall only be
searched by a law enforcement officer of the same gender and shall not be locked

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 up in a detention cell. However, if detention is necessary, the arresting officer’s hall
ensure that the child shall be secured in quarters separate from that of
the opposite sex and adult offenders.

SEARCH AND SEIZURE

a) Search – an examination of an individual’s person, house papers or effects, or other
buildings and premises to discover contraband or some evidence of guilt to be used in
the prosecution of a criminal action.
b) Seizure – is the confiscation of personal property by virtue of a search warrant
issued for the purpose.
c) Search warrant defined (Sec.1) – signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring it before
the court.
d) Court where application for search warrant shall be filed (Sec.2) – An application for
search warrant shall be filed with the following:
a. Any court within whose territorial jurisdiction a crime was committed.
b. For compelling reasons stated in the application, any court within the
judicial region where the crime was committed, if the place of the commission of
the crime is known, or any court within judicial region where the warrant shall be
enforced.
However, if the criminal action has already been filed, the application shall only
be made in the court where the criminal action is pending.
e) Application of Search Warrant – All applications for search warrant shall be approved
for filing by Chief of Police. The application shall indicate the following data:
1.) Office applying for Search Warrant.
2.) Name of officer applicant;
3.) Name of subject, if known;
4.) Address/place(s) to be search;
5.) Specific statement of things/articles to be seized; and
6.) Sketch of the place to be searched.

f) Personal property to be seized (Sec.3) – A search warrant may be issued for the search
and seizure of personal property:
1) Subject of the offense;
2) Stolen or embezzled and other proceeds, or fruits of the offense;
3) Used or intended to be used as the means of committing an offense.
g) Requisites for issuing search warrant (Sec.4) – A search warrant shall not be issued
except upon probable cause in connection with one specific offense to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witness he may produce, and particularly describing the place to
be searched and the things to be seized which may be anywhere in the Philippines.
h) Examination of complainant record (Sec.5) – The judge must, before issuing the
warrant, personally examine in the form of searching questions and answers,
in writing and under oath, the complainant and the witnesses he may produce on facts
personally known to them and attach to the record their sworn statements, together
with the affidavits submitted.
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i) Issuance and form of search warrant (Sec.6) – If the judge is satisfied of the existence
of facts upon which the application is based or that there is probable cause to believe
that they exist, he shall issue the warrant, which must be substantially in the form
prescribed by these Rules.
j) Right to break door or window to effect search (Sec.7) – The officer, if refused
admittance to the place of directed search after giving notice of his purpose and
authority, may break open any outer or inner door or window of a house or any part of
a house or anything therein to execute the warrant to liberate himself or any
person lawfully aiding him when unlawfully detained therein.
k) Search of house, room, or premises to be made in presence of two
witnesses (Sec.8) – No search of a house, room, or any other premises shall be made
except in the presence of the lawful occupant thereof or any member of his family or
in the absence of the latter, two witnesses of sufficient age and discretion residing in
the same locality.
l) Time of making search (Sec.9) – The warrant must direct that it be served in the
daytime, unless the affidavit asserts that the property is on the person or in the place
ordered to be searched, in which case a direction may be inserted that it be served at
any time of the day or night.
m) Validity of search warrant (Sec.10) – A search warrant shall be valid for ten (10) days
from its date. Thereafter, it shall be void. If in the implementation of the search
warrant, its object or purpose cannot be accomplished in one day, the search can be
continued the following day, or days, until completed, provided it is still within the ten
(10) day validity period of search warrant. If the object or purpose of the search
warrant cannot be accomplished within the ten (10) day validity period, the
responsible police officer conducting the search must file, before the issuing court, an
application for the extension of the validity period of said search warrant.
n) Receipt for the property seized (Sec. 11) – The officer seizing the property under the
warrant must give a detailed receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure was made, or in the absence of
such occupant, must, in the presence of at least two witnesses of sufficient age and
discretion residing in the same locality, leave a receipt in the place in which he found
the seized property.
o) Delivery of property and inventory thereof to court; return and proceedings
thereon (Sec.12)
1) The officer must forthwith deliver the property seized to the judge who issued the
warrant, together with a true inventory thereof duly verified under oath.
2) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain
if the return has been made, and if none, shall summon the person to whom the
warrant was issued and require him to explain why no return was made. If the
return has been made, the judge shall ascertain whether section 11 of this Rule has
been complied with and shall require that the property seized be delivered to him.
The judge shall see to it that subsection (a) hereof has been complied with.
3) The return of the search warrant shall be filed and kept by the custodian of the log
book on search warrants who shall enter therein the date of the return, the result,
and other actions of the judge. A violation of this section shall constitute contempt
of court.

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 p) Search incident to lawful arrest (Sec.13) – A person lawfully arrested maybe
searched for dangerous weapons or anything which may have been used
or constitute proof in the commission of an offense without a search warrant.
q) Motion to quash a search warrant or to suppress evidence; where to file(Sec.14) – A
motion to quash a search warrant and/or to suppress evidence obtained thereby may
be filed in and acted upon only by the court where the action has been instituted. If
no criminal action has been instituted, the motion may be filed in and resolved by
the court that issued search warrant. However, if such court failed to resolve the
motion and a criminal case is subsequently filed in another court, the motion shall be
resolved by the latter court.
r) Lawful Warrantless Searches and Seizures (Sec 9 Rule 17 POP) –Warrantless
Searches & Seizures are lawful under any of the following circumstances:
1.) When there is consent or waiver. To be a valid waiver, the rights must exist, the
owner must be aware of such right, and he must have the intention to
relinquish it.
2.) When evidence to be seized is in “plain view”. The discovery of this
evidence must be inadvertent or unintentional
3.) Custom search and searches made at airports/seaports in order to collect duties. This
warrantless search is allowed due to urgency.
4.) Search on moving vehicles can be made without a warrant because it would be
impracticable to secure a warrant before engaging in “hot pursuit”.
5.) Routine searches made at or in the interest of national security, such as border checks
or checkpoints.
6.) Stop-and-search or stop-and-frisk, where the search precedes the arrest, and is
allowed on the grounds of reasonable suspicions.
7.) Search incidental to a lawful arrest. A person lawfully arrested my be
searched for dangerous weapons or anything which may be used as proof
of the omission of an offense, without a search warrant.
8.) it should be noted that the arrest must precede the search. The search is limited to
body search and to that point within reach or control of the person arrested, or that
which may furnish him with the means of committing violence or of escaping or search
for evidence to destroy it.
Search of Vessels – Search of vessels and aircrafts because of their
mobility and the relative ease in fleeing the state’s jurisdiction.
9.) Emergency or Exigent Circumstances – A search could be validly dispensed
with in cases of exigent or emergency situations, and the police officers have
reasonable grounds to believe that the crime was being committed, and they have no
opportunity to apply for search warrant from the courts because the latter were
closed.

CONFESSION AND ADMISSION

Confession- The expression confession means a statement made by an accused admitting his
guilt. It is an admission as to the commission of an offence. If a person accused of an offence
makes a statement against himself, it is called confession or confessional statement.
Confessions are the special form of admissions. Thus, it is popularly said that "All Confessions
are admissions, but all Admissions are not confessions."
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Confession, in short, is an admission by the accused charged with an offence in the criminal
proceeding.

Example:
If X is charged with the murder of Y, If X said that he has killed B, it is a confession.

Kinds of Confession:
There are four kinds of Confession, are as follows:

1. Judicial confession:
A Judicial Confession is that which is made before Magistrate or in a court due course
of judicial proceeding. Judicial Confession is relevant and is used as an evidence against the
maker provided it is recorded in accordance with provisions of Section 164 of Cr.P.C.The
magistrate who records a confession under Section 164, Criminal Procedure Code, must,
therefore, warn the accused who is about to confess that he may or may not be taken as an
approval. After warning the accused he must give time to think over the matter and then
only record the confession. Such a confession is called judicial confession.

2. Extra-Judicial Confession
Extra-Judicial Confession is made not before a Magistrate or any Court in due course of
judicial proceeding but is made either to police during the investigation or into police
custody or made otherwise than to the police. Extra-Judicial confession is not relevant. (See
Detail Note on Extra-Judicial Confession)

3. Retracted Confession
The Accused person who confessed earlier and later denied such confession does not
destroy the evidentiary value of the confession as originally recorded. The Supreme Court
has stated that a Retracted confession may form the basis of a conviction if it receives some
general corroboration from other independent evidence. But if the court finds that the
confession originally recorded was voluntary, it should be acted upon.
4. Confession by co-accused
Section 30. Consideration of proved confession affecting person making it and others
jointly under trial for the same offense

When more persons than one are being tried jointly for the same offense, and a
confession made by one of such persons affecting himself and some other of such persons is
proved, the Court may take into consideration such confession as against such other person
as well as against the person who makes such confession.

Explanation: “Offence” as used in this Section, includes the abetment of, or attempt to
commit, the offense.

Illustrations

(a) A and B are jointly tried for the murder of C. It is proved that A said – “B and I murdered
C”. the court may consider the effect of this confession as against B.
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 (b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A
and B and that B said, “A and I murdered C”. The statement may not be taken into
consideration by the Court against A and B is not being jointly tried.

Sec. 4. Judicial admissions. - An admission, verbal or written, made by a party in the course of
the proceedings in the same case, does not require proof. The admission may be contradicted
only by showing that it was made through palpable mistake or that no such admission was
made.

What is a judicial admission?

A judicial admission is an admission, verbal or written, made by a party in the course of the
proceedings in the same case, which dispenses with the need for proof with respect to the
matter or fact admitted. (Manuel Ybiernas et al. vs. Ester Tanco-Gabaldon, G.R. No. 178925,
June 1, 2011)

Requisites for judicial admission

1. Made by a party
2. In the course of the proceedings
3. In the same case

Effect of judicial admission

● A judicial admission may not be contradicted by the party making it. As the party making such
judicial admission is bound by it, he is deemed in estoppel. Therefore, a party making an
admission cannot during the trial deny what has been earlier admitted nor present evidence
which will run counter against the admission.

● An admission in a pleading on which a party goes to trial is conclusive against him unless the
court allows the pleader to withdraw, explain or modify it if it appears to have been made by
improvidence or mistake or that no such admission was made.

How judicial admission may be contradicted

The admission may be contradicted only by showing that:

1. it was made through palpable mistake or
2. no such admission was made

How judicial admissions are made

1. verbally or in writing
2. expressly or impliedly

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● Judicial admissions may be verbal or those verbally made in the course of the trial or they
may be written, such as those stated in a pleading. They may be express or implied, implied
admissions by a defendant of material facts alleged in a complaint include

a) keeping silent on such material facts,

b) denying such material facts without setting forth the matters upon which he
relies to support his denial, and
c) asserting lack of knowledge or information of the truth of the material
allegations when the same is plainly and necessarily within the knowledge of
defendant.

INSTANCES OF JUDICIAL ADMISSIONS

1. The genuineness and due execution of an actionable document copied or attached to a

pleading, when the other party fails to specifically deny under oath (Rule 8 §8)

2. Material allegations in the complaint, when the other party fails to specifically deny it
(Rule 8 §11)

3. Admissions in superseded pleadings, when offered in evidence (Rule 10 §8)

4. Act, declaration, or omission of a party as to a relevant fact (Rule 130 §26)

5. Implied admission of guilt in an offer of compromise by the accused in criminal cases,

except quasi-offenses and those allowed by law to be compromised (Rule 130 §27)

6. Admission by silence (Rule 130 §32)

7. Pre-trial admission in civil cases. (Rule 18 §7)

8. Pre-trial admission in criminal cases where the admission was reduced to writing and
signed by the accused and his counsel (Rule 118 §2 and 4)

Judicial admission made in another case or court

● To be considered as a judicial admission, the same must be made in the same case in which it
is offered. If made in another case or in another court, the fact of such admission must be
proved as in the case of any other fact, although if it was made in a judicial proceeding, it is
entitled to greater weight. (Bagsa vs. Nagramada, 11 Phil 174, In re Estate of Mijares de Fariñas,
13 Phil 63)

● Thus, judicial admissions made in one case are admissible at the trial of another case
provided they are proved and are pertinent to the issue involved in the latter, unless

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 a. The said admissions were made only for purposes of the first case, as in the rule on
implied admissions and their effects under Rule 26
b. The same were withdrawn with the permission of the court therein
c. The court deems it proper to relieve the party therefrom. (20 Am. Jur 470 as cited in
Florenz D. Regalado, Remedial Law Compendium, Volume II, 2004, page 791)

Judicial admissions vs. extrajudicial admissions

Judicial admissions are conclusive upon the party making them, while extrajudicial admissions
or other admissions are, as a rule, and where the elements of estoppel are not
present, disputable.

BASIS FOR
CONFESSION ADMISSION
COMPARISON
Meaning Confession refers to a formal An admission refers to the
statement by which the accused acknowledgement of a fact under
admits his guilt of a crime. discussion or a material fact in a lawsuit.

Proceeding Criminal only Civil or Criminal

Relevance It must be voluntary to be relevant. It need not be voluntary to be relevant.
Retraction Possible Not possible
Made by Accused Any person
Use It always go against the person It can be used on behalf of the person
making it. making it.
Section 33. Confession. — The declaration of an accused acknowledging his guilt of the offense
charged, or of any
offense necessarily included therein, may be given in evidence against him.

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