You are on page 1of 70

CRIMINAL

INVESTIGATION
2

CRIMINAL INVESTIGATION as an ART

▹ Criminal investigation is an art, as well as a science


which deals with the identity and location of the
offender then proving his guilt through criminal
proceeding. It is more than an art rather than a science,
as some authors say, because it is not governed by rigid
rules or laws. Most often than not, it is governed by
intuition, felicity of inspiration, and to a minor extent, by
chance or luck. This idea is based on the tradition
made popular by the adventures of Sherlock Holmes.
3

CRIMINAL INVESTIGATION as a SCIENCE

▸ Criminal investigation is a systematic inquiry aimed at the identification


and apprehension of alleged law violators. This premise stressed that
criminal investigation is more like a science than an art because today,
it primarily applies scientific knowledge, principles and methodologies
in order to discover, identify, collect and process facts and pieces of
evidence to promote criminal justice. However, use of scientific
method must be supplemented by the investigator’s initiative and
resourcefulness in finding solution of cases under investigation. The
sequence of investigation must follow scientific operating framework
that requires imagination, improvisation, and creativeness on the part
of the investigator.
4
GENERAL PRINCIPLES OF INVESTIGATION

▸ Definition of Investigation
An investigation is the collection of facts to accomplish a
three-fold aim:
a. to identify the suspect;
b. to locate the suspect; and
c. to provide evidence of his guilt.
PROTOCOLS IN
INVESTIGATION
6
Protocol 1: Jurisdictional Investigation by the Territorial Unit
Concerned

▸ The Police Station, which has territorial jurisdiction of


the area where the crime incident was committed, shall
immediately undertake the necessary investigation and
processing of the crime scene unless otherwise
directed by higher authorities for a certain case to be
investigated by another unit/agency.
7

Protocol 2: Official Police Blotter

▸ a. A Police Blotter is an 18” x 12” logbook with a hard-bound cover that


contains the daily register of all crime incident reports, an official summary of
arrests, and other significant events reported in a police station.

▸ b. As a general rule, all crime incidents must be recorded in the official police
blotter.

▸ A separate Police Blotter, however, shall be maintained for offenses requiring


confidentiality like violence against women and children and those cases
involving a child in conflict with the law to protect their privacy pursuant to R.A.
9262 & RA 9344
8
Protocol 3: Investigation Team: Organization and
Equipment
▸ a. All investigators in any police unit must be a graduate of
prescribed investigation course with a rank of at least a Police
Corporal (pre-requisite to assignment).

▸ Composition:
▸ 1. Team Leader;
▸ 2. Investigator/recorder;
▸ 3. Photographer;
▸ 4. Evidence custodian; and
▸ 5. Composite Illustrator/Artist
9
Protocol 3: Investigation Team: Organization and Equipment

▸ Equipment of the investigator: ▸ 9. Evidence bag;


▸ 1. Police line; ▸ 10. Evidence tag;
▸ 2. Video camera; ▸ 11. Evidence bottles/vials; and
▸ 3. Voice recorder; ▸ 12. Investigator’s tickler (contains
▸ 4. Camera; the following)
▸ 5. Measuring device; ▸ a) Investigator’s checklist
▸ 6. Gloves; ▸ b) Anatomical diagram form
▸ 7. Flashlight; ▸ c) Evidence checklist
▸ 8. Fingerprint kit; ▸ d) Turn-over receipt
10
Protocol 4: Duties of the First Responder

▸ a. Proceed to the crime scene to validate the information received;


▸ b. Record the exact time of arrival and all pertinent data regarding the
incident in his issued pocket notebook and notify the TOC;
▸ c. Cordon off the area and secure the crime scene with a police line or
whatever available material like ropes, straws or human as a barricade to
preserve its integrity;
▸ d. Check whether the situation still poses imminent danger and call for back
up if necessary;
▸ e. Identify possible witnesses and conduct a preliminary interview and
ensure their availability for the incoming investigator-on-case;
▸ f. Arrest the suspect/s if around or in instances wherein the suspect/s is
fleeing, make appropriate notification for dragnet operations;
11
Protocol 4: Duties of the First Responder

▸ g. Prepare to take the “Dying Declaration” of severely injured


persons with the following requisites:

▹ 1. That death is imminent and the declarant is conscious of that fact;


▹ 2. That the declaration refers to the cause and surrounding
circumstances of such death;
▹ 3. That the declaration relates to facts which the victim is competent to
testify to; and
▹ 4. That the declaration is offered in a case wherein the declarant’s death
is the subject of the inquiry. (Section 37, Rule 130 of the Rules of Court).
12
Protocol 4: Duties of the First Responder

▸ h. Evacuate the wounded to the nearest hospital using emergency


services;
▸ i. Account for the killed, wounded and arrested persons for proper
disposition;
▸ j. Conduct initial investigation; and
▸ k. Brief the investigator-on-case upon arrival and turn over the
crime scene.
▸ l. Conduct inventory on the evidence taken at the crime scene;
Inventory receipt should be properly signed by the first responder,
SOCO and the investigator.
13
Protocol 5: Duties and responsibilities of the Investigating Team

▸ a. Take full control of the crime scene to include the conduct of crime scene
search; taking of photographs; making sketches; lifting of fingerprints; markings
of physical evidence; (Chain of custody) the transmittal of evidence to crime
laboratory; interview of witnesses; gathering and evaluation of evidence; follow-up
of the case and the documentation and filing of appropriate charges in court.
▸ b. Establish a command post in the immediate vicinity of the crime scene;
▸ c. Designate a holding area in the immediate vicinity of the crime scene (for the
media, VIP‟s and other personalities present);
▸ d. Conduct case conference with the first responder, SOCO, other law enforcers
and rescue personnel;
▸ e. Note any secondary crime scene (if situation requires); and
▸ f. Release the crime scene after investigation.
14

Protocol 6: Investigation of Suspects

▸ a. Procedures when an arrest is made


▹ 1. Secure the person arrested (handcuff at the back);
▹ 2. Inform the arrested person on the cause of his arrest and his
rights as provided for in the Constitution;
▹ 3. Conduct thorough search for weapons and other illegal
materials against the suspect/s;
▹ 4. Use reasonable force in making an arrest;
▹ 5. Confiscated evidence shall be properly documented and
marked;
▹ 6. Bring the arrested person to the Police Station for
investigation.
15
Protocol 6: Investigation of Suspects

▸ b. Booking procedures of the Arrested Person/Suspect

▹ 1. The arrested suspect shall be fingerprinted,


photographed and subjected to a medical examination
to include liquor and drug tests.

▹ 2. Conduct a record check.


16

Protocol 7: Taking of Sworn Statements of Suspects

▸ The execution of a suspect’s “WAIVER” as stipulated in


Art 125 of the RPC shall always be done in the
presence of his chosen counsel or any independent
counsel.
17
Protocol 8: Taking of Sworn Statement/s of the Witnesses

▸ a. Sworn Statement or Affidavit of complainant/s and


witness/es must be taken immediately by the investigator-on-
case.
▸ b. Affidavit of Arrest of arresting officers must be taken
immediately not later than 24 hours.
▸ c. In Inquest cases, the investigator-on-case and the arresting
officer/s shall observe Art. 125 of the RPC.
18
Protocol 9: Preparation of Reports and Filing of Charges

▸ The Investigator-On-Case shall submit the following:

▹ a. Spot Report within 24 hrs to HHQ;


▹ b. Progress Report;
▹ c. After Operation Report;
▹ d. Final Report after the case is filed before the prosecutor’s
office/court; and
▹ e. Accomplishment Report.
19

Protocol 10: Procedure in the Release of Crime Scene

▸ a. Ensure that appropriate inventory has been made;


▸ b. Release is accomplished only after completion of the final
survey and proper documentation of evidence, witness/es,
victim/s and suspect/s; and
▸ c. If the crime scene is within a private property, the same
must be released to the lawful owner witnessed by any
barangay official. In the case of government facility, it should
be released to the administrator.
20

Protocol 11: Follow-up of Case

▸ The investigator shall conduct police


operation to identify and apprehend
suspect/s based on the results of the initial
investigation conducted.
21
Protocol 12: Preparation of Case Investigation Plan (CIPLAN)

▸ The conduct of police operation involving


sensational cases, high profile and heinous
crimes must be covered by Case
Investigation Plan.
22
Protocol 13: Attendance to Court Duties

▸ The investigator-on-case and arresting


officers shall endeavor to ensure their
attendance during court hearings while
COPs/Heads of Units shall supervise and
ensure the attendance of witness/es.
23
Protocol 14: Uniform of the Investigator

▸ Prescribed uniform should be worn by


investigators when conducting investigation
so as to identify them as PNP personnel.
TOOLS OF AN
INVESTIGATOR IN
GATHERING FACTS
25

I. INFORMATION

▸ information pertains to any matters


relating to the offense under investigation.
Broadly, information includes any
knowledge, data, news, opinion, or the like
transmitted from one person to another.
26

Sources of Information

▸ Open Sources

▸ Closed Sources
27

II. INTERVIEW & INTERROGATION

▸ Interview is the casual questioning of a person or persons


who possess knowledge or facts that is of official interest
to the investigator.

▸ Interrogation on the other hand, pertains to the systematic


and forceful questioning of a person who is reluctant to
divulge information.
28

III. INSTRUMENTATION

▸ Instrumentation is the application of instruments and


methods of physical science to the detection of crime.
It is the application of physics, chemistry, and biology
in crime detection. It is the sum total of the application
of all sciences in crime detection otherwise known as
criminalistics because it includes also all the technical
methods by which the fugitives may be traced and
examined.
PHASES
OF
INVESTIGATIO
N
30

I. THE PRELIMINARY INVESTIGATION

This is the initial inquiry by officers to establish facts and


circumstances of a suspected crime and to preserve any evidence
related to the crime. Preliminary investigation focuses at the
crime scene where it includes:
1.securing the crime scene;
2.considering the possible arrest of the suspect;
3.locating and questioning witnesses and victims;
4.documenting the crime scene; and
5.identifying and collecting evidence.
31
The Crime Scene

▸ It is the place or location where the crime was alleged


to have been committed or it pertains to the specific
location of the commission of the crime.
▸ As with almost any crime in which there is a known
crime scene, both the first officer and investigators
should consider the scene itself as evidence. This is
because much valuable information can be learned
from items left
32
II. THE IN-DEPTH (FOLLOW-UP)
INVESTIGATION
▸ This encompasses the identification and apprehension
of offend­er and full development of the case.

▸ At this stage, when the pieces of evidence collected


are not sufficient, the investigator gathers more
information
33
III. THE FINAL (CONCLUDING)
INVESTIGATION

▸ At this stage, after thorough examination of all


recovered and collected information and pieces
of physical evidence, the case is declared either
closed and ready for prosecution or remains
unsolved.
CRIME SCENE
INVESTIGATION
Duties of the First Responder
while observing minimum
health standards
36
Duties of the First Responder while observing minimum health
standards

▸ Proceed to the crime scene to validate the information


received;
▸ Always consider the area as COVID-19 infected which requires
necessary health and safety precautions;
▸ Record the exact time of arrival and all pertinent data
regarding the incident in his issued pocket notebook and notify
the TOC;
▸ Cordon off the area and secure the crime scene with a police
line;
37
Duties of the First Responder while observing minimum health
standards

▸ Check whether the situation still poses imminent danger and call
for back up if necessary;
▸ Identify possible witnesses, provide facemask and appropriate PPE
if necessary and conduct preliminary interview strictly adhering to
the minimum health standards and ensure their availability for the
incoming investigator- on-case;
▸ Arrest the suspect/s if around. Provide facemask and appropriate
PPE if necessary and strictly adhere to the minimum health
standards. In instances wherein the suspect/s is fleeing, make
appropriate notification for dragnet operations;
38
Duties of the First Responder while observing minimum health
standards

▸ Prepare to take the “Dying Declaration” of severely injured persons


strictly adhering to the minimum health standards with the following
requisites:

▹ 1) That death is imminent, and the declarant is conscious of that fact;


▹ 2) That the declaration refers to the cause and surrounding circumstances
▹ of such death;
▹ 3) That the declaration relates to facts which the victim is competent to
testify to; and
▹ 4) That the declaration is offered in a case wherein the declarant’s death is
the subject of the inquiry. (Section 37, Rule 130 of the Rules of Court).
39
Duties of the First Responder while observing minimum health
standards

▸ Evacuate the wounded to the nearest hospital using emergency


services adhering to the minimum health standards;
▸ Account for the killed, wounded, and arrested persons for proper
disposition;
▸ Conduct initial investigation;
▸ Brief the investigator-on-case upon arrival observing physical
distancing and turn over the crime scene; and
▸ Conduct inventory on the evidence taken at the crime scene;
Inventory receipt should be properly signed by the first responder,
SOCO and the investigator.
40
Duties and responsibilities of
the Investigating Team while
observing the minimum health
standards
42
Duties and responsibilities of the Investigating Team while
observing the minimum health standards
▸ The Investigating Team shall ensure that the minimum health
standards and other safety precautions shall be strictly observed in
the conduct of investigation;
▸ Consider the area as COVID-19 infected which requires necessary
health and safety precautions;
▸ Take full control of the crime scene to include the conduct of crime
scene search; taking of photographs; making sketches; lifting of
fingerprints; markings of physical evidence; (Chain of custody) the
transmittal of evidence to crime laboratory; interview of witnesses;
gathering and evaluation of evidence; follow-up of the case and the
documentation and filing of appropriate charges in court;
43
Duties and responsibilities of the Investigating Team while
observing the minimum health standards

▸ Establish a command post compliant to the minimum health


standards in the immediate vicinity of the crime scene;
Designate a holding area in the immediate vicinity of the crime
scene (for the media, VIP ’s, and other personalities present);
▸ Conduct case conference with the first responder, SOCO, other
law enforcers and rescue personnel through video conferencing
with the use of available web conferencing solutions such as but
not limited to Zoom, Webex, Viber, Google Meet, and others;
44
Duties and responsibilities of the Investigating Team while
observing the minimum health standards

▸ Note any secondary crime scene (if situation requires);


and
▸ Release the crime scene after investigation.
Crime Scene Processing while
observing the minimum health
standards
46
Crime Scene Processing while observing the minimum health
standards

▸ Consider the area as COVID-19 infected which requires


necessary health and safety precautions;
▸ Receive the crime scene from the first responder;
▸ Record time/date of arrival at the crime scene, location of the
scene, condition of the weather, condition and type of lighting,
direction of wind and visibility;
▸ Photograph and/or video the entire crime scene;
47
Crime Scene Processing while observing the minimum health
standards

▸ Before entering the crime scene, all investigators must put on surgical
gloves;
▸ 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;
48
Crime Scene Processing while observing the minimum health
standards

▸ 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;
▸ Identify and retain for questioning the person who first
notified the police, and other possible witnesses; 
▸ Determine the assailant through inquiry or observe him if his
identity is immediately apparent. Arrest him if he is still in the
vicinity; and 
▸ Separate witnesses to get independent statements.
49
Crime Scene Processing while observing the minimum health
standards

▸ Recording;
▸ Searching for evidence;
▸ Collection of Evidence;
▸ Markings of Evidence;
▸ Evaluation of Evidence;
▸ Preservation of Evidence;
▸ Inventory of seized/confiscated evidence;
▸ Releasing of Evidence;
▸ Chain of Custody;
▸ Release of Crime Scene

RULE 15. INVESTIGATION BY THE TERRITORIAL
POLICE UNIT AFTER AN ARMED CONFRONTATION

15.1 Responsibility of the Territorial Police Unit


The Police Unit that has territorial jurisdiction over
the area where the armed confrontation occurred shall
secure the scene and immediately undertake the
necessary investigation.

▸ RULE 18. UNIT CRIME PERIODIC REPORT (UCPER)
▸ 18.1 Purpose: To promote consistency in the recording
of crime incidence, the PNP adopts a uniform
procedure in reporting and collecting crime data
including cases reported to other law enforcement
agencies that are part of the Criminal Justice System.

▸ RULE 19. BOOKING OF ARRESTED
SUSPECTS
▸ Booking of arrested suspects shall be
undertaken to record and document the
information surrounding the arrest of the
suspect.

▸ RULE 20. CUSTODIAL INVESTIGATION
The arresting officer, or the investigator, as the case
may be, shall ensure that a person arrested,
detained or under custodial investigation shall, at all
times, be assisted by counsel, preferably of his own
choice;

▸ RULE 21. INQUEST PROCEDURES
▸The inquest proceedings shall commence upon the
presentation of arrested person and witness/es by the
police officer before the inquest prosecutor. The concerned
police officer shall also submit the following documents:
a. Affidavit of Arrest;
b. Statement(s) of the complainant(s);
c. Affidavit(s) of the witness(es) if any; and
d. Other supporting evidence gathered by law enforcement
authorities in the course of their investigation of the
criminal incident involving the arrested person.
 
SPECIAL
INVESTIGATION
TASK GROUP
”SITG”
56

AUTHORITY

▸ STANDARD OPERATING
PROCEDURE NO. 2012-006

“Procedures in the Investigation of Heinous


and Sensational Crimes”
57

REFERENCES:
▸ PNP Criminal Investigation Manual (Revised) 2010
▸ SOP No. 02/11- Procedures in the Creation of SITG
▸ PNP Operational Procedure
▸ LOI “ Task Force USIG”
▸ Guidelines and Procedures Pertaining to Violence Against
Politicians/ Elected Government Officials dated June 2, 2009
▸ LOI 01/06 “TF Judges, Prosecutors and IBP Lawyers” dated
April 28, 2006
▸ Conduct of Investigation of Meida and Lilitant Killings by
SITG dated July 15, 2010
58

PURPOSE
▸ a. Harmonize theseemingly overlapping and confusingprovisions of
different LOls, directives and other issuances pertaining to investigation of
heinous and sensational crimes, and creation of SITG;
▸ b. Strengthen and synchronize the coordinative mechanism of concerned PNP
offices/units in the investigation, monitoring and prosecution of heinous and
sensational cases being handled by the PNP;
▸ c. Define functions and pinpoint responsibilities among tasked units/offices, and
to institute disciplinary actions in accordance with the Doctrine of Command
Responsibility, rules and regulations, and other issuances; and
▸ d. Reinforce the PNP Criminal Investigation Manual, PNP Operational Procedures
and other investigative references identifying the flow of coordination,
responsibility and response on the investigation of cases.
59

MISSION

▸ The SITG shall spearhead and coordinate the investigative


and prosecutorial efforts of the PNP to facilitate the
speedy resolution and successful prosecution of
heinous/sensational cases, and eventual conviction of the
perpetrators.
60

DEFINITION OF TERMS
▸ SITG - refers to the Special Investigation Task Group created
whenever a major case or crime of violence occurs. It shall be
organized either at the regional or provincial/city police office, or
at the highly urbanized cities depending on how sensational or
heinous the crime was, and/or upon order/direction of the C, PNP;
▸ Politicians — are persons involved in influencing public policy and
decision making. These include people who hold decision-making
positions in the government, and people who seek those positions,
whether by means of election, appointment and other means. They
may be former/incumbent elected government officials down to
barangay councilors;
61

DEFINITION OF TERMS
▸ Case Solved- a case shall be considered solved when the following elements
concur: 1) the offender has been identified; 2) there is sufficient evidence to
charge him; 3) the offender has been taken into custody; and 4) the offender
has been charged before the prosecutors office or court of appropriate
jurisdiction.

▸ Cold Case- for this purpose, it is defined as any criminal investigation by a


law enforcement agency that the case at hand has not been cleared or solved
and which probative investigative leads have been exhausted, however,
yielded negative result or progress for six (6) months.
62

▸ Heinous/Violent Crimes — refer to crimes directed against politicians, elected


government officials, government officials appointed by the President, judges,
prosecutors, IBP lawyers, media practitioners, militant party list members/leftist
activists, foreign nationals, and other persons through shooting, bombing,
strafing, assault, and other violent overt acts resulting in their death or
incapacitation;
▸ Sensational Crimes — refer to crimes directed against politicians, elected
government officials, government officials appointed by the President, judges,
prosecutors, IBP lawyers. media practitioners. militant party list members/leftist
activist, foreign nationals, and other persons through shooting, bombing,
strafing, assault, and ether violent overt acts resulting in their death or
incapacitation that attract national/international public attention/scrutiny.
63

POLICIES

▹ Whenever a heinous or sensational crimes transpires, SITG shall be


immediately organized and be headed by the concerned District
Director/Provincial Director/City Director or the Regional Director
depending on the gravity of the incident and discretion of the C,PNP

▹ It shall be the responsibility of every established SITG to property


manage the assigned case and ensure its resolution by applying the
best investigative techniques/practices and utilizing all its available
resources.
ORGANIZATIONA
L PROCEDURE
65

FIRST COP/
RESP STATI
ONDE ON
PD/CD
R/ IOC COM RD
CRIME - -Issue SITG
- Asses MAND Recomm Order
the ER end
situation/ -
Recomm
Assess/
end
Commun
icate
66
COMPOSITION & ORGANIZATION OF SITG
(Regional Level)
SITG Supervisor Regional Director (To investigate killings
SITG Comdr DRDO and vioIence committed
Asst Comdr DD/PG,PPO/CD, CPO against Senators,
Spokesperson Chief, Regional PIO Congressmen,
Governors, Cabinet
Members • Chief, RCIDU (Head of
Investigation Team) Secretaries,
• Chief, Regional Intelligence Undersecretaries, and
Office SC and CA Justices)
• Chief, Regional Legal Office
• Chief, Regional Crime Laboratory
• COP, CPS/MPS/Station Cmdr
• C,RIDMD (Inter Agency
Coordinator and Case Recorder)
• Investigator-on-Case (Evidence
Custodian)
67
COMPOSITION & ORGANIZATION OF SITG
(Provincial Level)
SITG Supervisor Deputy Regional Director for (Killings and violence
Operations (DRDO) committed against Vice
SITG Comdr DD/PD, PPO/CD, CPO Governors, Provincial
Asst Comdr PO/Field Officer, ClDT(Head of Board Members,
Investigation Team Mayors, Vice Mayors,
Spokesperson Chief, PIO (District/PPO/CPO) City/Municipal
Members • Provincial/ City Legal Officer Councilors, Barangay
• Provincial/City Intelligence Officer Chairman and Kagawad,
• Chief, Provincial Crime Lab Judges, Prosecutors &
• TL, RIO IBP lawyers, militants,
• Chief, PIDMB/CIDMB (Inter media practitioners,
Agency Coordinator and Case
Record Officer)
foreign nationals)
• Investigator-on-Case (Evidence
Custodian)
• Chief of Police
68

▸ In cases where the designated Commander or members of


the SITG cannot effectively comply with the operational
requirements, and/or has “perceived biases" of any kind, the
RD shall immediately reorganize the said SITG and designate
other officers who area more capable to accomplish the job;
▸ The SITG shall be deactivated upon the solution of the
particular case being investigated by the SITG. Solution of the
case shall mean the filing of appropriate case in court and
arrest of the perpetrator(s).
▸ CIDG shall assume the responsibility of pursuing the
investigation when the case is not solved within six (6)
69

PENAL CLAUSE

▸ Neglect of Duty or Nonfeasance


(NAPOLCOM MEMORANDUM CIRC. 2007-002)

▸ All Unit Commanders shall be included in the


investigation under the principle of Command
Responsibility.

You might also like