Fundamentals

of
Criminal Investigation
and
Intelligence
Questions:

02 04
01 03
How will you What do you think
consider that a is the importance
What is Are there
certain act or of law in society?
Crime? instances that the
action of an
individual as a definition of the
crime? term crime varies
in every places
Chapter One
Basic Principles in Crime,
Criminal Law and Evidence
What is Law?
It is define as the system of
rule embodied by different
principles that binds the
practice or action concerning
human conduct.
1987 Constitution
It is deemed considered as
the highest and supreme
law of the land. As a rule,
no law shall be pass in
contrary to the
constitution.
Criminal Law

-branch of public substantive law

which defines crimes, treats of their
nature and provides for their
punishment. It is a public law because
it deals with the relation of the
individual with the State.
Sources of Criminal Law
Special Penal
Laws

The Revised
Penal Code Penal Presidential
(Act no. 3815) Decrees issued
during Martial
Law
WHAT IS CRIME? (Social Definition)

CRIME refers to any act considered as wrong or violates

the standard norm of the society.

ACT
-any bodily movement tending to produce some
effect in the external world. (RPC)
-means that there must be an overt bodily movement.

OVERT
-meaning it can be seen or observed.
WHAT IS CRIME? (Legal Definition)

CRIME is define as an act or omission in violation of the

law. an act committed or omitted in violation of a
public law forbidding or commanding it.

ACT
-any bodily movement of the offender that is contrary or
violates the law, or

OMISSION
-in which the offender fails to perform certain act as required
by law.
Three Classification of Crimes

1 2 3
MISDEMEANO
FELONIES OFFENSE
R
a crime punished a crime punished a minor infraction of
under the RPC under the special law law.
Crime be committed either by:
MALA IN SE

● The act committed is wrong such that the act

performed injures or otherwise deprive the
individual of either their lives (killing a
person) or property (stealing something)
● RPC define those acts as crime which by
nature are wrong or evil.
Crime be committed either by:
MALA
PROHIBITA

● The act violates the standard norm meaning

the society itself considered the act as a crime
● Special Laws are those law which makes an
act as a crime.
Persons in Criminal Investigation

OFFENDER
-refers to any person suspected, accused or otherwise
charge of a crime either through an act or omission.

INVESTIGATION
-refers to the systematic examination to crack and
solve the allegation.

ALLEGATION
-refers to the contention that someone had committed
wrong or mistakes.
 1.2

Criminal
Responsibility and
Investigative Police
Power
CRIMINAL RESPONSIBILITY

It is the obligation of the

person for the charges as
a result of criminal act.
Presidential Decree 1508 cited:

“the customs and traditions of

indigenous cultural communities
shall be applied in the setting
disputes between members of the
cultural communities”
(para 3, Sec. 412 pf RA 7160)
 Culture
refers to the characteristics of a
certain group of people with commonly
include their ways of living, language,
religion, social habit, beliefs, attitude
and other traits whereby people from
other culture will recognize them.
Criminal responsibility is also affected by some other
factor such as :
Age

minor, child or children

refers to someone who is not yet in puberty
stage.

Puberty
refers when the child is already capable of
reproduction.
Criminal responsibility is also affected by some other
factor such as :
Age

child (para 5, Sec 4, RA 9344 as amended)

define as any person below the age of 18 years

children (para 1, Sec 3, RA 7610)

define as legally refers to person below 18 years of
age or those over but are unable to fully take care
of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination
because of physical or mental disability or
condition
Criminal responsibility is also affected by some other
factor such as :
soundness of the mind

lunatics
are those individuals whose mind are in the state of
sickness or ill, even if they are already above the
age on emancipation. .

Age of Emancipation
simply means as the life stage of the individual
whereby parental authority over him ceases.
Republic Act 9344
15 year old and below
during the commission of
the crime shall
automatically exempt the
child from criminal
responsibility.
 0
Investigative
power
define as the capacity of the police
to initiate investigative
investigation of cases which
violates the law.
Fundamental rights of every person in subjected
investigation
Presumption of
Innocence
-is founded on the principle
that every person subjected to a
criminal case is deemed
considered innocent unless
proven to be guilty beyond
reasonable doubt.
Proof Beyond
reasonable doubt
-is a principle which
states that a person is
guilty base in moral
certainty.
Fundamental rights of every person in subjected
investigation

Moral certainty Conviction

-in a sense that a person is
- is a judgement rendered
proven guilty base on how the
by the trial court that the
court appreciated the evidence
accused person is guilty
presented during trial which
of the crime charge
produces a conviction.
against him.
 1.3

Admissibility of
Evidence
 1

Evidence 2

3
Evidence is the means,
sanctioned by the Rules of 4
Court, of ascertaining in a
judicial proceeding the 5
truth respecting a matter of
fact.
REQUISITES FOR:

Admissibility of Evidence

Evidence is admissible when:

1. It is Relevant to the issue and;
2. must be Competent or not excluded by the law or
Rules of Court.
Three General Classification of Evidence

OBJECTIVE OR REAL
EVIDENCE
-It is directly addresses to the senses
of cour and consist of tangible things
exhibited or demonstrated in open court.
Three General Classification of Evidence

DOCUMENTARY
EVIDENCE
-It is directly addresses to the senses
of cour and consist of tangible things
exhibited or demonstrated in open court.
Three General Classification of Evidence

TESTIMONIAL EVIDENCE
-an evidence offered in the form of
testimony either by an eye witness in the
commission of the crime or those who
have knowledge regarding it’s
commission.
Other classes of Evidence
Direct Evidence vs. Circumstantial Evidence

Direct Evidence Circumstantial

Evidence
Evidence which directly These are the combination of
proves the case under different events which if combine
investigation. may produce a conviction.
Otherwise known as indirect
evidence.
Other classes of Evidence
Corroborative Evidence vs. Cumulative Evidence

Corroborative Cumulative Evidence

Evidence
These are the evidence which has
Evidence which has a a similar nature and character to
different character from the the one previously offered
one previously offered.
Other classes of Evidence
Positive Evidence vs. Negative Evidence

Positive Evidence Negative Evidence

An evidence offered by a
witness in which he clearly
manifest that an event or
scenario exist or did not
exist.
An evidence offered by a witness
in which he is not certain as to
whether an event or scenario exit
or do not exist.
Other classes of Evidence
Prima Facie Evidence vs. Rebuttal Evidence

Prima Facie Rebuttal Evidence

Evidence
An evidence offered to contradict
An evidence offered which
an evidence previously offered.
may produce a conviction
if no rebuttal evidence can
be shown.
CHAPTER 2
TOOLS, PHASES AND
PRINCIPLES IN
INVESTIGATION
 CRIMINAL INVESTIGATION
-define as art and science oriented towards identifying perpetrators launching
operations to locate his/their whereabouts and gathering of evidence to prove
their guilt during criminal proceeding.

Art
-it involves the personal qualities of the investigator as to how he will utilize diff.
technique and devise his own investigative skills in order to apprehend
perpetrator.

Science
-sense that criminal investigation follows a logical procedure, methods or process
in order to arrive at a certain conclusion as to how the crime was committed as
well as o how he will provide evidence to prove the guilt of the perpetrator during
criminal proceeding.
 2.1

Criminal
Investigation and
it’s Phases
 Identify the
Perpetrator
it is important in the first part
of investigation to recognize
as this will guide investigators
as to who committed the
crime.
 1
Locate his/her 2

whereabouts 3
after identifying perpetrators, 4
the next step is to trace his
whereabouts which includes but 5
not limited to his place of
residence, work place and hang
out places.
 PROVIDE EVIDENCE
-That would be needed for his
conviction, investigators must remember
the rules in handling evidence so as to
maintain its integrity starting from the
crime scene up until during court
presentation.
ROLE AND QUALITIES OF AN
INVESTIGATOR
• The initiation of the investigative process primarily relies
with the question “Is the act performed constitutes
a crime as define by law” or “Is the law being
violated”? If the answer is yes then the investigators
must exhaust all means to uncover the facts surrounding
the commission of the crime.

• If the investigators find that a crime was not committed or

the act perform is not tantamount to a crime, then
obviously they don’t have any personality to interfere
with the matter.
Approaches and
Tools in Criminal
Investigation
CRIMINAL INVESTIGATION
PERPETRATOR refers to a person suspected to have committed an act which
is define by law as crime.

MOTIVE -the moving power and cause that induces an individual to perform
an act which is define as a crime.

APPROACH IN INVESTIGATION the manner how investigator start

learning facts about the crime.
TWO APPROACHES IN CRIMINAL
INVESTIGATION
INDUCTIVE
APPROACH
this approach in investigation
follows a sequence from
specific to general such that
investigator will look first at the
pieces of evidence before
concluding as to what crime is
committed.
DEDUCTIVE
APPROACH
this approach in investigation is
contrary to the former as this starts
from general to specific such
hat investigator will start looking
first at the body of the crime
(corpus delicti) before proceeding
with the individual evidence as to
how the crime was committed.
 Three I’s of Criminal Investigation
INFORMATION
-refers to the data needed in the course
of investigation. This will allow
investigators to gather facts needed to
solve the case as this considered as to
lifeblood and essence of investigation.
INTERVIEW AND
INTERROGATION
INTERVIEW - is done in a simple manner of
questioning and mostly done among complainant
victims or witness.
INTERROGATION –it is intrusive or
antagonistic in its approach as it questions
commonly suspects, accused or hostile witness.
Three I’s of Criminal Investigation

INSTRUMENTATION

-refers to the process of employing scientific

instruments in crime detection such as but not
limited to bullet comparison microscope,
fingerprint comparator, polygraph machine and
the like.
 CARDINAL POINTS IN CRIMINAL
INVESTIGATION
WHAT act was performed in which the law defined it as crime?
-Murder
WHO committed the act in which the law defined it a crime?
-Mr. Petra
WHERE this act as defined by law as a crime happened?
- At Barrio Matae
WHEN this act defined by law as crime happened?
-At 12 in the midnight, June 23, 2006
WHY this act defined by law as crime performed?
-Because Mr. Petra is jealous of Mr. Mahba HO who have a crush
with Ms.Makath thi
HOW this act defined by law as crime happened
 INVESTIGATIVE PROCESS
-define as the procedure taken by the investigator which commence from the
time the crime was reported up until it was brought before the court of the trial of
person accused to have violated the law and for proper sanction and disposition
of the case.

1. Investigator must prove that the accused is guilty;

2. Investigator must ensure that the accused was identified by competent
witness;
3. Investigator must confirm that whatever evidence found in the crime scene
pinpoints to the same accused or group of accused person;
4. Investigator must note the evidence recovered in the crime scene are the
same evidence that will be presented in court; and
5. Investigator must remember that conviction will depend as to how he will
establish the elements of the crime scene
REASONS FOR DISMISSAL OF INVESTIGATION
TAMPERED
EVIDENCE
refers to those evidence which by
its nature are false, altered or
otherwise questionable in its
existence or production.
CHAIN OF
CUSTODY
refers to the transfer of evidence
from one person who holds
supervision or care of such
evidence to another from the time
it was gathered at the crime scene
up to the time it will be presented
in court.
 Methods of 2
1

Identification 3
of the 4

5
Perpetrator
Methods of Identification
1. IDENTIFICATION BY WITNESS
-The identity of the perpetrator in the actual commission of the
crime or his presence was seen in the crime scene or
immediate area/s where the crime took place

2. IDENTIFICATION THROUGHT PHYSICAL EVIDENCE

- the identity of the perpetrator is established through collection of
physical evidence that has a logical connection to the case which could either be
associative or tracing evidence.
 PHYSICAL EVIDENCE
ASSOCIATIVE TRACING
EVIDENCE EVIDENCE

these are those material/s owned

and can be link to the perpetrator these are those material/s taken by
which by some instance was left the perpetrator at the crime scene
at the crime scene. and most commonly found in theft
or robbery cases.
Methods of Identification

1. IDENTIFICATION THROUGHT FORENSIC

SCIENCE
- this method is done through the aid of the expertise of
different forensic services such as DNA, fingerprint.
Odontology and the like.
 TECHNICAL AND
LEGAL ASPECT OF
WITNESS
define as any person who have
seen or knowledge regarding
the commission of the crime.
DIFFERENT KINDS OF WITNESS
1. Prosecution witness
- Refers to any person brought before trial to offer testimony in favor for the
prosecution and is use to add incriminatory evidence to the accused.
2. Defense witness
- refers to any person who is brought before trial to strengthen the
alibi of the defense and to disapprove the charge of the prosecution.
3. Character witness
- refers to any person who offers a testimony in line with the
character reputation of some other person which will them serve at some
point as to whether or not the testimony of that part its commission.
 DIFFERENT KINDS OF WITNESS
4. Eye witness
- refers to any person who have seen the actual commission
of the crime either whole or only part of its commission.
5. Child Evidence
- refers to young individual who offers a testimony
concerning a crime.
6. Dumb witness
- these are those witness who by reason of some mental
faulty are unable to provide an accurate detail regarding the crime
which is typically common among uneducated individual.
 DIFFERENT KINDS OF WITNESS
7. Honest witness
- these are those witness who cooperates and avoid
exaggeration or falsehood in providing testimonies concerning the
crime.
8. Fearful witness
- these are those persons who are afraid of being involve in the
prosecution of the accused or simply shy to face the open court.
9. Egocentric witness
- refers to a witness who is prone to exaggeration of the things
he had observe and may attempt to add facts which are not part of the
real scenario.
DIFFERENT KINDS OF WITNESS
10. Hostile witness
- these are those witness who are uncooperative and does
not wish to provide information necessary for the prosecution of
the case.
11. Suspicious witness
- are individual witness who are doubtful about the true
intention of the investigators or the police as a whole.
CLASSIFICATION OF WITNESS (Revised Rules of Court)
1. Ordinary witness – these are those witness who a may be
allowed to testify regarding to the following:
a. About the identity of the person whom he had knowledge
b. Handwriting of the person of which he had familiarity; and,
c. Mental sanity of the person whom he had acquainted.

2. Expert witness – are those witness who by reason of their

knowledge, skills, training or experience may be allowed by the
court to give their opinion.
 CRIME SCENE
INVESTIGATION
AND
RECONSTRUCTIO
N
crime scene refers to the place where crime took place and
where physical evidence can be found while crime incident
refers to the occurrence of a certain crime.
Reaches the attention of
the police through

1. A concern citizen who witness the

crime incident;
2. An accident discovery of some citizen; 3.
The action itself of the police officer in patrol.
FIRST RESPONDER DUTIES:
FIRST RESPONDER
1. Proceed to crime scene and validate
information regarding crime incident;
2. Record all relevant facts and the time of
arrival at the crime scene;
3. Cordon the area – meaning isolate the
place so that unauthorized persons cannot
either the scene or the suspect cannot
destroy the evidence;
FIRST RESPONDER DUTIES:

4. Identify possible witness and do the preliminary interview if

feasible;

5. Arrest suspect/s if they are around or recommend for the

conduct of dragnet operation- an operation conducted to seal off
possible exits of the suspect/s;

6. Be ready to take dying declaration of injured person. A dying

declaration is a statement made by a person who is under the
impending death in which such declaration is related to the facts
in which the person is competent to testify.
FIRST RESPONDER DUTIES:

7. Evacuate wounded person and/or account killed, wounded or

arrested person;

8. Conduct Initial investigation and briefing of investigator –on-

case (IOC) upon his arrival at the scene; and

9. Conduct initial inventory of all possible evidence at the crime

scene which must be signed by him, the SOCO and by the
investigator
 INVESTIGATION TEAM
refers to the group of police personnel
charge with the investigation and processing
of the crime scene which includes but not
limited to the search, collection, marking,
tagging, preservation and transfer of
evidence
1. Team Leader
2. Investigator
3. Photographer
4. Evidence Custodian
5. Artist / Illustrator
UPON TAKE- OVER OF THE INVESTIGATION
TEAM:
1. Record the date and time of arrival as well
as all other important details in the crime
scene;
2. Photograph and video of the crime scene;
3. Arrest of suspect/s if their identity is
apparent; and
4. Separate possible witness to get their
individual accounts.
 CRIME 1
2
SCENE 3
PROCESSIN 4

5
G
 Do not

GOLDEN
MUTILATE
RULE OF
INVESTIG M ALTER
ATION
A CONTAMINAT
THE INVESTIGATION TEAM SHOULD ALSO
TAKE INTO CONSIDERATION THOSE:
TRANSCIENT EVIDENCE
-are those evidence which when not collected at
appropriate time may diminish or lost its value such
as urine, blood, semen etc. on the other hand

FRAGILE EVIDENCE
-are those evidence which may be broken if
collected inattentively.
 1
2
METHODS
3
OF SEARCH 4

5
METHODS OF SEARCH
STRIP METHOD
-is done through following a
straight path in an area. Upon
reaching the end, the searcher
turn and follow again, a straight
path but parallel to the first path
he take. This process continues
until the search of the entire
areas is done.
METHODS OF SEARCH
DOUBLE STRIP
METHOD
-is almost similar with strip
method. As the term suggest
“double” meaning after the
entire area is done searching
using strip method, the searcher
will again start another process
but this time at the other side at
the right angle from where you
METHODS OF SEARCH
SPIRAL METHOD
-is done when the area to be
search is circular in nature. The
searcher may start either from the
center or outside although
commonly searcher usually starts
from the outside following a
circular shape until they finish
searching the entire area.
METHODS OF SEARCH
WHEEL METHOD
-is also applicable in circular
areas similar method. However,
the searcher starts in the center
and is best applicable only when
there are plenty of searchers.
From the center, they follow a
straight path towards outside
unlike in radial that they follow a
circular pattern.
METHODS OF SEARCH
ZONE METHOD
- is best applicable in crime
scene covering a wider range. In
this method, the crime scene is
divided into four quadrants and
the searcher may select what type
of search should be done in each
quadrant.
Marking, Tagging
and collection of
evidence
Marking of evidence
refers to the process of
identifying and recognizing
any objects in the crime
scene by way of placing
letter symbol or number.
Tagging of evidence
is the process of labeling the
physical evidence by the way
of placing the appropriate
evidence tag containing the
description of the item, the
date and the initial of the
collecting officer.
Collection of evidence
refers to the actual gathering
and lifting of evidence
from the crime scene to
the custody of
appropriate office.
INVESTIGATO
R NOTEBOOK
Refer to the pad of paper such as work pad
ticker, or notepad and the like which is use
to remember the details regarding the
commission of the crime and in any manner
aids the investigator in refreshing his
memory to recall matters related to the case
under investigation.
 1
2
PHOTOGRAPHING
THE CRIME 3
4
SCENE
5
DIFFERENT ANGLE VIEW IN CRIME SCENE
PHOTOGRAPHY
GENERAL VIEW

These are taken outside

the crime scene
purposely to show
location, direction
and the place of the
incident.
DIFFERENT ANGLE VIEW IN CRIME SCENE
PHOTOGRAPHY
MEDIUM VIEW

these shots are taken to show

the different divisions of the
crime scene as this view
will allow investigators
to clearly see the nature
of the crime committed.
DIFFERENT ANGLE VIEW IN CRIME SCENE
PHOTOGRAPHY
CLOSE UP VIEW

These shots are done

individual evidence
to show what constitutes
the crime and how it was
committed.
GUIDELINES IN TAKING PHOTOGRAPHS
1. Don’t forget to take overall photos of the scene which includes street signs,
areas, street lights, location near the crime scene and any identifying objects.

2. Pictures of every room must be taken though they are not apparently
connected to the crime scene;

3. Photograph must be taken at least 2 opposites corners but 4 corners is better;

4. If possible take photos from above or ceiling to avoid the possibility of

missing any evidence; and,

5. Keep a photo log during crime scene processing.

ELEMENTS IN CRIME SCENE SKETCH
Title
-this includes the basic information regarding the case such as the nature of the
crime, the time and the date of crime incident, the location of the crime.

Measurement
-this pertains to the dimension and the distance of the relative object to
another.

Essential items
-these refers to the pieces of physical evidence found at the crime scene.
ELEMENTS IN CRIME SCENE SKETCH
Legend
-this refers to the use of words or numbers to represent an item in the crime
scene.

Compass direction
-refers to the north direction from which the sketch has drawn.

Scale of proportion
-is the representation the sketch was drawn.
Two kinds of Crime
Scene Sketch
ROUGH SKETCH

is drawn by the
artist at the crime
scene containing all
the necessary
details regarding
the crime.
FINISHED SKETCH

drawn by the
artist for court
presentation and
is commonly
done in the office.
TYPES OF SKETCH
Floor plan or birds eye view
– a type of sketch drawn from above

Elevation sketch
– a type of sketch drawn to show the given side of the area.

Exploded view sketch

– a type of sketch drawn to show the relationship or order of the
whole part

Cross-projection sketch
– a type of sketch wherein the ceiling and/or walls are flattened
all out in the ground.
GUIDELINES IN MAKING CRIME SCENE
SKETCH

1. Don’t forget to indicate the nature of the

crime the place of incident as well as the
name of the person who prepare and drew it.

a. Capital Letters – for basic parts or the

accessories of the place

b. Numbers – for individual evidence

GUIDELINES IN MAKING CRIME SCENE
SKETCH

2. Indicate the position, location and how objects are

relates to one another.

3. Use standard symbol while sketching.

4. Use arrow to show direction and stairways.

5. Be consistent with the units of measurement such

as centimeter, inches, yard, meters, feet etc.
PHYSICAL CHARACTERISTICS OF THE CRIME
SCENE
RECTANGULAR TRIANGULAR
METHOD METHOD
find two fix points to the
find fix post at a right angle to
evidence that must be plotted
serve as the base;
or located