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CRIMINAL INVESTIGATION IN THE PHILIPPINES

1901 - The Criminal Investigation Service (CIS) now known as CIDG , handle investigation of major crimes
especially against national security, and at the same time free other Philippine Constabulary Units from this
time-consuming and highly specialized of criminal investigation. Hence, this crime-fighting unit came into
being creation of Investigation Section (IS) pursuant to Section 2 of ACT 235 of the Philippine Commission
enacted on October 3, 1901.

1901-1919 - during the American occupation, the criminal investigation was primarily organized out of the
great necessity of the Philippine Constabulary in the Investigation of crimes.

1913 -The genesis of criminal investigation in the Manila Police Department, presently known as the Western
Police District took place in 1913.

1936 - The Division of Investigation (DI) was created by virtue of Commonwealth Act No. 181 during the
reign of the late President Manuel L. Quezon. The DI, with 45 initial members, was organized by Thomas
Dugan and Flaviano C. Guererro and this was patterned after the Federal Bureau of Investigation (FBI) of
United States of America.

1942 - 1945 - During the Japanese occupation, the DI was affiliated with the Bureau of Internal Revenue
(BIR) and the Philippine Constabulary (PC) known as the Bureau of Investigation (BI).

1946 - The CIS was tapped to perform highly specialized of investigation and intelligence work as a criminal
branch of G2.

1947 - The Bureau of Investigation was reorganized by virtue of Republic Act No. 157 and the Department
of Justice became its parent agency. RA 157 was later amended by Executive Order No. 94 renaming the BI to
what is known now as, National Bureau of Investigation.

1950 - The CIS was commissioned to gather intelligence and assume as the role main investigating outfit of the
Philippine Constabulary in response to the resurgence of various criminal syndicates, like the Black Shirt and
the Kamlon gang coupled with the organization of various anti-government movements, such as the
Hukbalahap.

1987 - The mandate of the 1987 Constitution establishing the National Police Force that should be national in
scope and civilian in character under the Department of Interior and Local Government (DILG) paved the way
for the creation of Philippine National Police (PNP). Consequently, the CIS is retained as one of the national
support units of the PNP under the name of Criminal Investigation Service Command (CISC), this
distinguishes it from the operating unit of the administrative support unit created pursuant R.A. 6975 which
assumed the name of the “Service” while operating support units assumed the name of command.

1991 - Due to the media publicity of investigations of sensational cases committed by local executives
Organized Crime Groups (OCGs), the CISC as mandated by R.A. 6975, acted as the primary investigating arm
of the PNP on major crimes, OCGs, and economic sabotage.

1994 - On September 5, 1994, the Criminal Investigation Service Command was renamed as Criminal
Investigation and Detection Group (CIDG) following NAPOLCOM Resolution Nr. 92-37, with the motto
“We seek the truth.” From its humble inception up to the way, it metamorphosed to being the premier arm of
the PNP as the “Spirit and Soul of the Force.”
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SCENE OF THE CRIME OPERATIVES (SOCO) team was appropriately organized to meet the core
mission the Crime Laboratory which is the National Operating Support of the PNP by virtue of NAPOLCOM
Resolution Nr. 96-058

LAWS RELATED IN CRIMINAL INVESTIGATION

THE 1987 PHILIPPINES CONSTITUTION – ARTICLE III

BILL OF RIGHTS
1. Right to remain silent. Anything that he/she may say may be used against him/her in any court of
law.

2. Right to have a counsel preferably of his/her own choice and if he/she has none, the government
must provide one for him.

3. Right to be informed of the nature of the charges against him and whatever he/she says may be
used for or against him/her;

4. Right against from any torture force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.

5. Right to be informed of such rights under the constitution.

These rights could be validly waived in writing and with the assistance of a counsel in order that
the ensuing confession be admissible in evidence. The confession must also be in writing, signed
and sworn to by the accused.

6. Any confession or admission obtained in violation of this or Section 17 hereof shall be

inadmissible in evidence against him.

7. The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

REPUBLIC ACT 7438

An act defining certain rights of person arrested, detained and/or under custodial investigation as well as the
duties of the arresting, detaining and investigating officers and providing penalties for violation thereof.

THE RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION ARE AS FOLLOWS:

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

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

 (c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that
before such report is signed, or thumb marked if the person arrested or detained does not know how to read
and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel

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provided by the investigating officer in the language or dialect known to such arrested or detained person,
otherwise, such investigation report shall be null and void and of no effect whatsoever.

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

 (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his
counsel; otherwise the waiver shall be null and void and of no effect.

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

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