CRIMINAL

INVESTIGATION AND

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 PREFACE
A criminal investigation is like a construction site. Everything has to be done in proper order or the
building won't hold up.

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 TABLES OF CONTENTS

Preface…………………………………………………………………….. 2
Table of contents…………………………………………………………. 3
Definition of terms………………………………………………………… 4
Overview…………………………………………………………………… 8
Chapter 1: Introduction and Etymology of Criminal Investigation……. 9
Chapter 2: Three Tools or I’s of Criminal Investigation……………….. 15
Chapter 3: Phases of Criminal Investigation…………………………... 27
Chapter 4: Police Intelligence and Secret Services…………………… 35
Chapter 5: Aspects of Security………………………………………….. 44
Chapter 6: Crime Scene Investigation…………………………………. 46
Chapter 7: Arrest (Rule 113)…………………………………………….. 55
Chapter 8: Search and Seizure (126)………………………………….. 57

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 DEFINITION OF TERMS
1. ABC SHADOWING METHOD - Reduces the risk of losing the subject, affords greater security
agents’ detection
2. ADMISSION - A self-incriminatory statement by the subject falling short of an acknowledgement of
guilt.
3. ANONYMOUS INFORMANT - Do not wish to be identified
4. ARREST – Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
5. Artificial cover - The manufacture of documents, false documents, passports, or forged
documents.
6. Associative evidence - These are physical evidences which link a suspect to the crime.
7. Bluff on a split pair - This is applicable when there is more than one suspect. The suspect is
separated and one is informed that other has talked.
8. Chain of custody - It is the number of persons who handle the evidence between the time of the
commission of the offense and the ultimate disposition of the case and should be kept to
minimum.
9. Circumstantial evidence - the proof of fact or facts from which, taken either singly or collectively,
the existence of the particular fact in dispute may be inferred as a necessary or provable
consequence.
10. Command post - an area which, is ideally located adjacent to the crime scene where the csi
evidence custodian stays and receives the pieces of evidence turned over to him for safekeeping
by the other evidence collectors.
11. Conclusions — after the interview, it is but proper to close the interview with outmost courtesy
and thanking the subject for his cooperation.
12. Conduct of final survey - the team leader makes a final review on the crime scene to determine
whether or not the processing has been completed.
13. Confession — it is the declaration of an accused expressing/acknowledging his guilt of the
offense charged.
14. Corpus delicti defined- it may refer to: the body of the crime or; the actual commission of the
crime charged; or the fact that a crime has been actually committed.
15. Criminal investigator - a criminal investigator is a person who is charged with the duty of
carrying on the objectives of criminal investigation,
16. Criminal investigation - the art which deals with the identity and location of the offender and
provides evidence of guilt through criminal proceedings.
17. Cultivated source - are information furnished by informants/ informers.
18. Details (sketch) - the immediate scene only
19. Documentation - are made by the crime scene investigator for purposes of future crime scene
reconstruction which help the prosecutor and the judge understand conditions at the crime scene.
20. Double crosser informant - to get more information
21. Exploded/ cross projection (sketch) - gives the clear impression of the scene in cases where
blood stains or bullet holes are found
22. Extenuation - the investigator indicates he does not consider his subject’s indiscretion a grave
offense.
23. Extra- judicial confession - made by the suspect/ accused in outside the court

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24. False informant – information has no value
25. Frightened informant - motivated by anxiety
26. Grapevine source - are information given by the underworld characters such as prisoners or
criminals.
27. Ground (sketch) - picture of the scene of the crime with its nearest physical surrounding.
28. Identity — prior to the commencement of an interview, the investigator should identify himself to
the subject by name, rank and agency. Except when there is no need to know the officer’s identity.
29. Information - it is the knowledge/ data which an investigator acquires from records and persons.
Regular source is acquired from open sources, records, and files.
30. Inquiry — after all information have been given by the subject that is the time for the investigator
to as question to clarify him about the case under investigation.
31. Instrumentation (1) - 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.
32. Intent - the result or accomplishment of the act
33. Interrogation - is a questioning of a person suspected of having committed an offense or a
person who is reluctant to make full disclosure of information in his possession which is pertinent
to the investigation.
34. Interview - is a conversation with a purpose, motivated by a desire to obtain certain information
from the person being interviewed as to what was either done, seen, felt, heard, tasted, smell or
known. This is the questioning of a person believed to possess knowledge that is in official interest
to the investigator.
35. Investigation - the collection of facts to accomplish a threefold aim: to identify the guilty party; to
locate the guilty party; and to provide evidence of his guilt.
36. Judicial confession - made by the suspect/ accused in open court
37. Kindness - the simplest technique is to assume that the suspect will confess if he is treated in a
kind and friendly manner.
38. Known fugitives - if the criminal is known, then police records and pictures are available. His
relatives and friends can offer a description. Further description may be obtained from local police
files, background investigation and from verbal descriptions of others.
39. Legitimate informant - operators of legit business
40. Locality (sketch) - give picture of the scene, the crime and its environs, including neighboring
buildings, roads etc.
41. Mental reconstruction — from the physical reconstruction, some conclusions can be made
concerning the consistency of the accounts of various witnesses. No assumption should be made
concerning actions which are not supported by evidences. The final theory developed by the
investigator should provide a line of investigative action.
42. Mercenary informant - sell information
43. Miranda doctrine: - the origin is of America jurisprudence, Mr. Ernesto Miranda, a Latino was
accused of a serious offense somewhere in the state of Arizona. He was interrogated exhaustedly
by the Arizona police leading to his confession. Based on his confession, he was charged, tried
and convicted. Appeal of his conviction was made before the Arizona supreme court but his
conviction was affirmed. The appeal was then elevated to the us supreme court where there was a
reversal of the decision and he was acquitted on constitutional grounds.
44. Modus operandi - the method of operations. It enables the investigators to recognize a pattern of
criminal behavior, to predict, approximate the next target of the criminals and to assist

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 complainants to recognize the suspect by means of recorded information concerning the
characteristics of criminal activities.
45. Motive - induces the person to act. It may be inferred from circumstances and from the
statements of witnesses that the suspect has been motivated by a desire for revenge or personal
gain. Motive is hard to establish in crime committed by mentally deranged persons.
46. Narration —the witness should be allowed to tell all he knows with little interruptions from the
investigator.
47. One man shadowing - extremely difficult and should be avoided, if unavoidable keep subject in
view at all times.
48. Opportunity — this is the physical possibility that the suspect could have committed the crime.
49. Photographic files — (rogue’s gallery)—the witness may be taken to the headquarters to
examine the photographs in file. The modus operandi file may also be shown upon knowledge of
the technique of the commission of the crime. The attention to any strong similarity in the
photograph of a single feature, as the nose or mouth.
50. Physical evidence - these are the articles and materials which re found in connection with the
investigation and aid in establishing the identity of the suspect.
51. Physical line - up- means of selecting a suspect from a group of innocent persons usually
composed of seven to ten persons. The purpose of line- up is to eliminate the power of
suggestion.
52. Physical reconstruction — the physical appearance of the crime scene is reconstructed from the
description of witnesses and the indication of the physical evidence.
53. Physical show - up- only one person is shown to the witness usually at the scene of the crime
and made immediately after the arrest of the suspect.
54. Point to point search - searcher will stand in a straight line and move forward together.
55. Pretense of physical evidence - the investigator may pretend that certain physical evidence has
found by laboratory experts against him
56. Progressive/ leap frog shadowing method - poor chances of obtaining good results, agents are
stations at a fixed point assuming that subject followed the same general route each day.
57. Rapport — it is good to get the positive feeling of the subject towards the investigators, such
friendly atmosphere is a vital for both the subject and the investigator to have a better interaction.
58. Reconstruction of the crime - after completion of the search, an effort must be made to
determine from the appearance of the place and its objects what actually occurred and what the
circumstances of a crime were. This is known as reconstructing the crime.
59. Rival- elimination informant - eliminate competition
60. Rough sketch - is prepared indicating the actual measurement of things with scale and proportion
observed and oriented to the north pole. All necessary information is placed in the sketch.
61. Search warrant – a search warrant is an order in writing and issued in the name of the people of
the Philippines; signed by a municipal or city judge and directed to a peace officer, commanding
him to search for personal property and bring it before the court.
62. Self-aggrandizing informant - hangs about the fringes of the criminals
63. Shadowing - the act of following a person depends on the number of surveillant available, volume
of pedestrian traffic and importance of concealing the surveillance.
64. Surveillance - it is the secret observation of places, persons, and vehicles for the purpose of
obtaining information concerning the identities or activities of the subject.
65. Two-man shadowing - two agents are employed to follow the subject.

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66. Undercover - an investigative technique in which the agent’s/investigator’s official identity is
concealed to accomplish an investigative mission.
67. Unknown criminals - identified of unknown criminals by eyewitnesses must be approached with
caution by the investigator. The description and characteristics may be vague that identification is
difficult.
68. Verbal description — the value of the description must depend on the capacity of the witness to
describe the criminal.
69. Woman informant - most dangerous specie
70. Zone search - the area to be searched is divide into four quadrants and each searcher is
assigned to one quadrant.

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 I. OVERVIEW
INTODUCTION/ RATIONALE

This course covers the basic principles on relevant laws, Constitutional rights,
new rules on Evidence and Criminal Procedure in relation to investigation. It includes
the concepts and general principles of arrest, search and seizure and the rights of
custodial investigation. It also covers the concepts and principles of Criminal
Investigation including in Crime Detection and Investigation which includes modern
techniques and investigative thinking in processing the crime scene particularly the
court, relies more on physical evidence rather than extra-judicial confession and
testimonies unless supported by corpus delicti. It focuses also on comparative study of
military and police intelligence functions, types of police intelligence, phases of
intelligence cycle which is vital in Criminal Investigation.

OBJECTIVES: The main objective of module is to provide adequate knowledge of the technical and
complex subject of fundamentals of criminal investigation and intelligence, by presenting the concepts
and important principles and doctrines of the subject.

LEARNERS: This module is intended for 2nd year Bachelor of Science in Criminology
students.

TIME FRAME: One semester, 3 hours per week (3 hours Face-to-Face)

REQUISITE: None

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CHAPTER 1

INTRODUCTION AND ETYMOLOGY OF CRIMINAL INVESTIGATION

MEANING OF INVESTIGATION
Etymology of investigation shows that this term came from the Latin word
INVESTIGARE or INVESTIGATUS meaning to track or look into for traces. Ultimately, it was derived
from the word VESTIGIUM, which means footprint and INVESTIGATIONEM which means a
searching for.

Criminal Investigation- is an art that deals with the identity and location of the offender and prove his
guilt in a criminal proceeding.
Criminal Investigation- it is the systematic method of inquiry that is more a science than an art. The
logic of scientific method must however, be supplemented by the investigator's initiative and
resourcefulness. The sequences of the investigation should be regarded by scientific, operating
framework that requires improvising on the part of the investigator.
Criminal Investigation is an Art - based on intuition, felicity of inspiration or by chance; and a Science-
based on adequate professional preparation and abundance of certain qualities.
Criminal investigation- is an inquiry involving possible criminal activity, based on logic,
objectivity, and legal sanctions. In the PNP Investigative Manual, criminal investigation refers to the
process of collecting facts to accomplish the three-fold aim:
1. to identify the guilty party, including the victims, witnesses, and evidences
2. to trace and locate the guilty party
3. to provide evidence of the criminal guilt

NATURE OF CRIMINAL INVESTIGATION:

When a person performs an act that does not conform to accepted norms of society, questions will be
asked. If this act is a crime, the process of asking questions is the simplest manifestation of criminal
investigation.
Criminal investigation is a branch of jurisprudence that uses scientific theories and
principles, including time tested philosophical analysis, to uncover, collect and process facts then
develop information that can lead the mind of any sensible person to see the truth. Applying practical
and scientific knowledge to solve a crime is, however, sanctioned by rules and protocols.
These rules are integrated in the criminal law. In effect, criminal investigation entails the enforcement
of criminal law with the ultimate objective of promoting justice.
In the contemporary point of view, the basic nature of criminal investigation involves the
systematic process of:
1. identifying facts or information (investigative leads);
2. gathering, sorting then processing facts and information;
3. preserving evidences;
4. evaluation of evidences; and
5. presenting evidences.

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INCIENT ROOTS OF INVESTIGATION
1720s, ENGLAND: - JONATHAN WILD He was a buckle maker then a brothel operator; a master
criminal who became London’s most effective criminal investigator. He was the most famous THIEF-
CATCHER in 1720s. His methods or techniques made popular the logic of EMPLOYING A THIEF TO
CATCH A THIEF. He conceived the idea of charging a fee for locating and returning stolen property to
its rightful owners.
Two Classes of Early Thief Catchers:
1. Hirelings- who’s motivational were mercenary in routine;
2. Social Climbers- who would implicate their accomplices in order to move up the social ladder
1750s, ENGLAND: - HENRY FIELDING An Englishman who wrote a novel entitled “Tom Jones“ and
was appointed as magistrate (sheriff) for the areas of Westminster and Middle Age, London. He was
the creator of the BOW STREET RUNNERS while he was the magistrate; he formed a group of police
officers attached to the Bow Street Court, and not in uniform, performing criminal investigative functions.
1753, ENGLAND: - SIR JOHN FIELDING The younger brother of Henry Fielding who took over the
control of Bow Street Court in 1753. His investigators were then called Bow Street Runners and became
quite effective because of his personal guidance despite the fact that he was blind. He introduced the
practice of developing paid informants, printing wanted notices, employing criminal raids, and bearing
firearms and handcuffs.
1759, USA: The US CONGRESS created the office of the GENERAL AND REVENUE CUTTER
SERVICE. This is the first organized federal law enforcement and investigative effort made by the US
government.
1800, LONDON: - PATRICK COLQUHOUN A prominent London president who proposed the unique
idea of creating sizeable uniformed force to police the city of London in order to remedy the public
outcry concerning the alarming increase of criminality during the early 1800s. His proposal was
considered too radical and was dismissed by the Royal Court.
1811, FRANCE: - EUGENE “Francois” VIDOCQ He was a criminal who turned Paris Investigator. He
is a former convict who became a notorious thief-catcher in France. He is credited as the founder of LA
SURETE, France’s national detective organization. He made popular the concept of “SET A THIEF TO
CATCH A THIEF”. He introduced the concept of TRADE PROTECTION SOCIETY, which is a
forerunner of our present-day credit card system. For a fee, any owner of a shop or business
establishment could obtain particulars concerning the financial solvency of new customers. He created
a squad of ex-convicts to aid the Paris police in crime investigation.
1829, LONDON: - SIR ROBERT PEELS The founder and chief organizer of the London Metropolitan
Police “ the SCOTLAND YARD. He reiterated the idea of creating sizeable police force in his
recommendations, which lead to the passage of the Metropolitan Police Act. This act had a tremendous
impact on the history of criminal justice in general, and on the development of criminal investigation
specifically. He introduced the techniques of detecting crimes such as: detectives concealing
themselves, and secretly photographing and recording conversations.
USA: First daytime paid police department was established in Philadelphia, USA.
1835, USA: TEXAS RANGERS was organized as the first law enforcement agency with statewide
investigative authority, the forerunner of the Federal Bureau of Investigation.
1842: Scotland Yard created the first FULL-TIME INVESTIGATIVE, which is a forerunner to the Criminal
Investigation Division of Scotland Yard.
1851, BOSTON, MASSACHUSETTS, USA: Multi-suspect ID LINE-UP is employed in the first time.
1852, USA: - CHARLES DICKENS - Through his story entitled BLEAK HOUSE, he introduced the term
DETECTIVE to the English language.
1852, USA: - ALLAN PINKERTON - America’s most famous private investigator and founder of
Criminal Investigation in USA. He established the practice of handwriting examination in American
courts and promoted a plan to centralize criminal identification records.
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1856, USA: - KATE WAYNE: The first woman detective in the history of criminal investigation, hired by
the Pinkerton Agency.
1859, USA: Appellate courts recognized/accepted photographs as admissible evidences when they
are relevant and properly verified.
1865, USA: US SECRET SERVICE was founded to investigate counterfeiting activity in post-civil war
America.
1866, USA: - INSPECTOR THOMAS BYRNES: A New York Chief of Detectives introduced the
MODUS OPERANDI FILE.
1877, ENGLAND: - HOWARD VINCENT: Headed the newly organized CRIMINAL INVESTIGATION
DEPARTMENT in Scotland Yard.
1882, FRANCE: - ALPHONSE BERTILLON: A French Police Clerk who introduced and established
the first systematic identification system based on ANTHROPOMETRICAL SIGNALMENT (or
Anthropometry) he is considered as the FOUNDER OF CRIMINAL IDENTIFICATION.
1884, CHICAGO, USA: The Chicago Police Department established the first American Criminal
Identification Bureau.
1887, DR. ARTHUR CONAN LYLE: He popularized the Scientific Criminal Investigation by creating
the fictional detective SHERLOCK HOLMES and his friend Dr. WATSON. Holmes was featured in 6
short stories and 4 novels.
1892, ENGLAND: - FRANCIS GALTON: An Englishman who published his study on classifying
fingerprints. While other scientists were studying fingerprints in their biological nature, Galton
recognized their uniqueness and potentiality/significance in criminal identification.
1893, GERMANY: - HANS GROSS: An Englishman who published a handbook for Examining
Magistrates in Munich, Germany and advocated the use of scientific methods in criminal investigation
process.
1948, ABERDEEN, SCOTLAND: A new concept was introduced in the field of criminal investigation.
This is known as TEAM POLICING. In team policing, there is no patrol division or criminal investigation
per se. In this system, a team of police officers is assigned to patrol and investigate all criminal matters
within their area of jurisdiction or district. Team policing required that police officers who respond to a
call regarding a criminal case should investigate the case to its conclusion.
1954, USA: - Dr. PAUL KIRK: Best known American criminalist who headed the Department of
Criminalistics as the University of California, USA.
1961, USA: - Mapp vs. Ohio (376 vs. 584): The Supreme Court ruled the illegally obtained evidence
is inadmissible in state criminal prosecutions. The case that established the “DOCTRINE OF THE
FRUIT OF POISONOUS TREE”
1966, USA: - MIRANDA vs. ARIZONA (384 vs. 436): The US Supreme Court established procedural
guidelines for taking criminal confessions.
CV provisions of Section 12, Article 15 of the 1973 Philippine Constitution.
1935 PHILIPPINE CONTITUTION, Article III, Section 17 (1) - The law provides that: In all criminal
prosecutors, the accused shall“. Enjoy the right to be heard by himself and counsel“““. Criminal
prosecution was however interpreted by the court in US vs. Beechman (25 Phil 25,1972) to mean the
proceeding at the trial court from arraignment to rendition of judgment.
1973 PHILIPPINE CONSTITUTION, Article III, Section 20
“No person shall be compelled to be a witness against himself. Any person under investigation
for the commission of an offense shall have the right to remain silent and to counsel, and to be informed
of such right. No force, violence, threat, intimidation nor any means, which vitiate the free will, shall be
used against him. Any confession obtained in the violation of this section shall be inadmissible as
evidence.
The warning of the right to remain silent must be accompanied by the explanation that anything
said can and will be used against the individual in court. This warning is needed in order to make him
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aware not only of the privilege, but also of the consequences of forgetting it. (People vs. Duero, 104
SCRA 379, 1981)
1983 - MORALES vs. JUAN PONCE ENRILE (GR#61016-17; April 26,1983; SCRA 538)
The ruling in this case makes it clear that the MIRANDA WARNING as it is generally called have
to be made so that a confession can be admitted. Therefore, while upon police custody for investigation,
the accused must be appraised of his:
Right to remain silent with explanation that anything that he might say may be used against him in the
court of the law;
Right to talk to a lawyer, a relative, or a friend, and have a lawyer ready and a friend present while he
is being questioned; and
Right to the appointment of a lawyer if he cannot afford one.
1985 - PEOPLE vs. GALIT (GR#51770; March 20,1985) - The right to a counsel maybe waived but
the waiver, to be valid, must be made with assistance of a counsel.
1987 PHILIPPINE CONSTITUTION, Article III, Section 12 (1) - Any person under investigation for the
commission of an offense shall have the right to be informed of his right to remain silent and to have a
competent and independent counsel preferably of his own choice. If the person cannot afford the
services of a counsel, he must be provided with one. These rights cannot be waived except in writing
and in the presence of a counsel.
Article XVI, Section 5(4) - No member of the armed forces in the active services shall, at any time, be
appointed for designated in any capacity to a civilian position in the Government including government
owned or controlled corporation, or any of their subsidiaries.
Article XVI, Section 6 - The State establish and maintain one police force, which shall be national in
scope and civilian in character, to be administered and controlled by a National Police Commission.
The authority of local executives over the police units in their jurisdiction shall be provided by law.
1990, RA 6975 - DILG ACT, Philippine National Police (PNP) together with BFP and BJMP
organization
1998, RA 8551 - PNP Reform and Reorganization Act

CONCEPTS AND PRINCIPLES OF CRIMINAL INVESTIGATION

CRIMINAL INVESTIGATOR DEFINED:

- is the person who is charged with the duty of carrying out the objectives of criminal investigation.
He is an individual who gathers documents and evaluates facts about crime
In the performance of his duties, the investigator must seek to establish the six (6) cardinal points
of investigation, namely: what specific offense has been committed; how the offense was committed;
who committed it; where the offense was committed; when it was committed; and why it was
committed.
TRAINING:
- The National Forensic Science Training Institute (NFSTI) under the PPSC, is an institution that
trains uniformed personnel of the PNP to become a certified investigator.
- All investigator in any police unit must be a graduate of prescribed investigation course
(CRIDEC) with a rank of at least PO2 or Police Corporal (pre-requisite to assignment)

QUALITIES OF A GOOD INVESTIGATOR

A. PERSEVERANCE- Steadfastness, persistence and resolution to bring the desired conclusion in
spite of obstacles connected with criminal investigation.
B. ENDURANCE- The ability to last physically and mentally hence, he must have the extra ordinary
physical and mental energy, enduring sleepless night and tiresome days.
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 C. INCORRUPTIBLE HONESTY AND INTEGRITY- In the practice of this art, there is the ever
temptation of money, woman and drinks, where these are present in every corner playing tricks
and temptations.
D. THE INTELLIGENCE AND WISDOM OF SOLOMON – This is very important in order that the
investigator could easily decipher falsehood from truth and separate the grain from the chaff.
E. THE KNOWLEDGE OF PSYCHOLOGY AND OTHER NATURAL SCIENCES – He must
know the different patterns of human behavior, the prevailing situations in a specific
environment and the laws of nature. This is an armor to detect deceptions, and lies when
dealing with witnesses, and informers and suspects.
F. ACTING ABILITY – 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.
G. MASTERY OF THE ORAL AND WRITTEN COMMUNICATIONS – in order that he will not
suffer setbacks in getting accurate facts.
H. THE KEEN POWER OF OBSERVATION AND DESCRIPTION – these are very important in
crime scene investigation and in interview and interrogation.
I. COURAGE – it is the moral fortitude to tell the truth no matter who will be hurt.
J. WORKING KNOWLEDGE OF CRIMINAL LAW, EVIDENCE, CRIMINAL PROCEDURE, AND
PENAL SPECIAL LAWS.
K. SENSE OF JUSTICE AND FAIR PLAY
L. THE POWER TO READ BETWEEN THE LINES
M. WORKING KNOWLEDGE OF MARTIAL ARTS AND FIREARMS PROFICIENCY – He will
find himself in many occasions that he will be alone in confronting, arresting, bringing to
headquarters and interrogating the suspect.

Job of the Criminal Investigator

Discover whether or not an offense has been committed under the law.
After determining what specific offense has been committed, he must discover how, when, where, why,
what offense was committed.

ROLE OF CRIMINAL INVESTIGATORS:

A criminal investigator is a fact-finder. He collects facts to accomplish a threefold aim –
• to identify the guilty party,
• to apprehend the guilty party,
• and to provide evidences of his criminal guilt.
He is a person deputized by law to conduct close analysis on criminal cases armed with the four tools
of investigation: information, interview, interrogation, and instrumentation. Thus, he plays a vital
role in the process of solving criminal cases for eventual administration of justice. A criminal
investigator maybe employed by a public or private prosecutor, or he may be directly used by the
court to find solution of criminal cases.
According to Pedro Solis, criminal investigators have the following duties:
1. Establish that a crime was in fact committed under the law
2. Identify and apprehend the suspected offender
3. Recover stolen property
4. Assist the state in prosecuting the party charged with a crime.

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CARDINAL POINTS OF CRIMINAL INVESTIGATION
The primary job of an investigator is to discover facts then establish if a crime has been
committed. After which, he must identify the guilty party or parties involved then obtain
evidences for successful apprehension and prosecution of the criminal case.
While performing his duties, the investigator should be able to ascertain the six cardinal
points of investigation, which are as follows:
1. WHAT specific offense has been committed – name and designation of crime
2. HOW was the offense committed – modus operandi
3. WHO committed it – suspects
4. WHERE was the offense committed – crime scene
5. WHEN was it committed – date and time
6. WHY was it committed – motive and intent
SIGNIFICANCE OF THE FIVE W’s AND 1H
1. Assist the investigator in making brief statements of facts in the logbook or police
blotter, and in reports.
2. Aid the investigator in searching the crime scene or other sources of information and
evidences.
3. Guide the investigator in formulating questions in interviewing complaint, witnesses,
and other interested parties or in interrogating a suspect.
4. Facilitate the preparation of the modus operandi report.
5. Assist the investigator in furnishing brief and concise investigation reports.

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CHAPTER 2
THREE TOOLS or I’s of CRIMINAL INVESTIGATION:

3 TOOLS OF CRIMINAL INVESTIGATION

1. Information
2. Interview and Interrogation
3. Instrumentation

INFORMATION
All evaluated materials of every description including those derived from observation, reports,
rumors, imagery, and other sources from which intelligence in produced.
Information is a communicated knowledge by others obtaining by personal study, investigation,
research, analysis, observation. The use of modern gadgets in intelligence and other things and
material that possess or contain a desire information or knowledge.

Two General classifications of sources of information:

Open Sources- 99% (OVERT)
Close Sources- 1% (COVERT)

Overt Intelligence- is the gathering of information or documents procured openly without regard as to
whether the subject or target become knowledgeable of the purpose
Open Sources: Includes information taken from
Enemy activity - POW - Civilians - Captured documents
Map - Weather, forecast, studies, report - Agencies
Covert Intelligence - is the secret procurement of information, which is obtained without the knowledge
of the person or persons safeguarding vital intelligence interest.
Close Sources: are information usually taken through:
• Surveillance
• Casing
• Elicitation
• Surreptitious entry
• Employment of technical means (Bugging and Tapping device)
• Tactical Interrogation
• Observation and Description
Other sources of Information: Overt and Covert
o Routine patrol and Criminal investigation
o Use of informants and Interrogations
o Search and seizures and Cordon and scratch
o Checkpoints and Police public relations activities
o Coordination with law enforcement agencies
o Inmates of various city jails, national penitentiary, military stockade.
o Statistics

INFORMATION CLASSIFIED AS TO SOURCE:

1. REGULAR SOURCES
-Records, files from government and non-government agencies, new items.
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 -The bulk of information of this nature is new items.
2. CULTIVATED SOURCES
-information furnished by INFORMANT OR INFORMER
-Information gathered upon initiative of the investigator from informants, vendors, taxicab,
GRO and others.
3. GRAPEVINE SOURCES
-these are information coming from the underworld character such as prisoners and ex-
convict.

FORMS OF INFORMATION
1. SENSORY FORM- 5 senses
2. WRITTEN FORM- Affidavits
3. PHYSICAL FORM- Physical Evidence

Persons as sources of Information

Informant Net- It is a controlled group of people who worked through the direction of the agent handler.
The informants, principal or cutouts supply the agent handler directly or indirectly with Intel information

Informants (Asset)- people selected as sources of information, which could be voluntary, or in

consideration of a price.
Informant- refers to a person who gives information to the police voluntarily or involuntarily
without any consideration
Informer- The person who provides information to the police on a regular basis mainly for
purposes of reward or renumeration. They are either paid regularly or on a case-to-case
basis.

Types of Informants
Anonymous Informant – one who provides information to law enforcement while refusing to identify
himself or herself.
Rival-Elimination Informant – gives information to eliminate the rival person or gang due to
competition or other motives such as revenge.
False Informant – reveals information of no consequence or no value.
Frightened Informant – motivated by anxiety; he may be one of the lesser gang members who runs
to the police when his gang mates are about to be involved in dangerous situation or when the gang
he belongs is hot on the police trail. They are considered as the weakest link in the composition of the
criminal chain.
Self-Aggrandizing Informant – this kind of informant moves around the center of criminals, group or
syndicate and delight in surprising the police about bits of information.
Mercenary Informant – Sells information. He/she could be one of the members of the syndicate.
Double-Crosser Informant – confesses information as an excuse to talk to the police in order to get
more information from them more than he gives.
Woman Informant – she could be an associate of the syndicate. She uses her body, charm & beauty
to obtain more information.
Incidental Informant – individuals who furnish information with no intention of repeating his services
of furnishing information on continuing basis.
Casual Informant – individuals who by social or professional position, possesses or has access to
information to the investigation unit, either in response to a specific request or on his own initiative.
Automatic Informants – those by virtue of their official positions are expected or obligated to furnish
information openly to the investigation unit in normal course of their duty.
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Recruited Informant – individuals that are selected, trained and utilized as continues and covert
sources of information concerning specific counterintelligence targets.
Legitimate Informant - operators of legitimate business establishments.

MOTIVES OF INFORMANTS
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishments
f. Competition
g. Revenge
h. Jealousy
i. Renumeration

INTERVIEW AND INTERROGATION

A Philosophy of Interview and Interrogation:
The RIGHT officer asking the RIGHT questions in the RIGHT manner at the RIGHT time
and in the RIGHT place will get the RIGHT answers.

Interview Defined. It is the simple questioning of a person who cooperates with the investigator. These
are witnesses who voluntarily give their accounts about the commission of the crime.
Is a conversation with a purpose, motivated by a desire to obtain certain information from the
person being interviewed as to what was done, seen, felt, heard, tasted, smell or known.
This is the questioning of a person believed to possess knowledge that is in official interest to
the investigator.

Importance of Interview. - Interview in crime investigation is very important considering that the
person interviewed usually gives his account of an incident under investigation or offers information
concerning a person being investigated in his own manner and words.
Basic Assumptions:
Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does
not want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to
talk to law enforcers. This makes interviewing an art:

I.R.O.N.I.C FORMAT
The interview of a witness can be described by its acronym IRONIC' which stands for Identity,
Rapport, Opening Statement, Narration, Inquiry, and conclusion.
• Identity- prior to the commencement of an interview, the investigator should identify
himself to the - subject by name, rank and agency. Except, when there is no need to know
the officer's identity.
• Rapport- it is good to get the positive feeling of the subject towards the investigators,
such friendly atmosphere is a vital for both the subject and the investigator t have a better
interaction.
• Opening Statement - the investigator must have to indicate why the subject is being
contracted.
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 • Narration- the witness should be allowed to tell all he knows with little interruptions from
the investigator.
• Inquiry- after all information have been given by the subject, that is the time for the
investigator to ask question to clarify him about the case under investigation.
• Conclusions- after the interview, it is but proper to close the interview with outmost
courtesy and thanking the subject for his cooperation.

The Golden Rule of Interview

Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime
scene. The questioning will lead wayward for the interviewer who had not seen personally the crime
scene and he will not be in a position to distinguish half-truths, exaggerations for falsehood from the
answer of the person being interviewed".

RULES TO BE OBSERVED IN QUESTIONING

a. One question at a time
b. Avoid implied answer
c. Simplicity of the questions
d. Saving faces
e. Avoid close ended questions (yes or no)
f. Positive attitude -involuntary suspect-person & interest to the investigator

The Person Interviewed

Consider:
a) His ability to observe.
b) His ability to remember
c) His ability to narrate.
d) His mental weakness because of stupidity or infancy
e) His moral weakness because of drunkenness, drug addiction, his being a pathological liar or
similar factors.
f) Emotional weakness resulted by family problems, hatred, revenue, and love.

The Interviewer’s Personal Traits.

a) He must be a practical psychologist who understands the human psyche and behavior.
b) He has a sincere interest in people. People who are reclusive generally are not good
interviewers.
c) He is clam, has self-discipline, and keeps his temper.
d) He is courteous, decent and sensitive.
e) He is self-assumed and professional. He is tactful, i.e. he knows what to say when and how
to say it.
f) He is cordial and agreeable, and never officious. But he should avoid over-familiarity it.
g) He is forceful, persistent and patient. Some people just cannot be rushed.
h) He is analytical.
i) He is flexible and cautious.
j) He is a good actor and can conceal his own emotion.
k) He avoids third degree tactics and never deviates from the fundamental principle that a
person must be treated according to humanitarian and legal precepts.
l) he keeps the rules of evidence in mind.

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Planning the Interview.
In planning the interview, the interviewer should consider:
a) The facts of the case which have been established so far.
b) The information needed to complete the picture
c) The sources of information that may be consulted such as files and records.
d) The possibility of confronting the suspect with physical evidence.
e) The time available for the interview.
f) The time allowed by law.

Preparation of the Interview- Before interviewing a witness, the law enforcer should mentally review
the case and consider what information the witness can contribute. If the case requires it, he should
acquaint himself with the background of the witness.

Time, Place and Surrounding Circumstance.

a) It is not always possible to fix the time and place of an interview, but since memory is short, it is
basic that an interview with the witness and suspect(s) should take place as soon as possible
after the commission of the crime.
b) Interview of arrested person should be made as soon as possible after the arrest.
c) Conduct interviews whenever possible in your own turf, i.e. your office.
d) Have an interview room where there will be privacy. It should be a plain room but not bleak.
There should be few furniture, and no distracting pictures, calendars or similar items.
e) Arrange it so that there will be no interruption during the interview.
f) Suspects should be interviewed separately and out of sight and earshot of each other.
g) If are two interviewers, let one man be the prime interviewer.
h) Arrange chairs so that window light falls on the interviewee and not on the interviewer.
i) The interviewer should adapt his speech to the style best understood by the subject. In dealing
with tan uneducated subject, the interviewer should use simple words and sentences.
j) Straight-back chairs should be used for both subject and interviewer. Other types of chairs
induce slouching or leaning back, and such position are not conductive to proper interviews.
k) The interviewer should remain seated and refrain from pacing about the room.

Opening the Interview.

a) The interviewer should identify himself and the agency to which he belongs.
b) He should try to size up the interviewee and reach to tentative conclusion about his type, then
use the best interview approach.
c) He should keep in mind the provisions of law regarding rights of people under custodial
investigation.

The Body of the Interview.

a) The interviewee should be allowed to tell his own story in his own words without interruption.
I.This allows for continuity and clearness.
II.Range of interview is broadened.
III.It helps the interviewee recall and relate evens in their proper order.
b) Interviewer should keep to the point at issue and should not wander too far from it.
c) Interviewer should be alert for hearsay information so he can question the interviewee on the
matter later.
d) Do not interrupt a trend of ideas by abruptly asking a question. Use the uninterrupted account of
the witness interview

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 e) However, you may guide the interviewee innocuous questions such as, and then what did you
do?

Questioning.
a) Dominate the interview. Be careful, do not allow the interviewee to be the one asking the
questions.
b) Do not ramble. Have a reason for every question asked.
c) Follow the order of time and bring out the facts in that order. This technique is called
“chronological questioning“ and is considered the easiest as people tend to think in terms of
what happened first, the, second, then third. The interviewer should go step by step in learning
all the details concerning the planning and commission of the crime and what happened after it
was committed.
d) Exhaust each topic before moving on to the next.
e) Determine the basis for each material statement. It might be a hearsay.
f) Keep your questions simple and understandable. Avoid double-edged or forked questions.
g) The dangers of leading and misleading questions should be borne in mind. A question which
suggests to the witness the answer which the interviewer desires is a leading question.
Questions which assume material facts that have not been proven are misleading questions.
h) Wait for the answer to one question before asking a second one.
i) Ask important questions in the same tone of voice as the unimportant ones.
j) As a rule, avoid trick or bluffing questions.
k) Where it is necessary to inquire into the past history of the interviewee involving something
unpleasant, it is wise to use introductory remarks deploring the need for the question and saying
that it is one of the unpleasant but necessary of an officer.

Closing
a) Before closing the interview, the law enforcer should make a mental check of the purpose of the
interview and should analyze what he has learned, then decide whether he has attained his
objective. He should be guided in this respect by the 5 W“s and I H- what, where, when who,
why and how.
b) The interviewer should always the door open for a re-interview. Don’t forget to say THANK YOU
after the interview.
Note: Although the words interview and interrogation have similar meanings, there are
those who prefer to use interview when questioning witness and informants, and
interrogation when questioning suspects.

INTERROGATION

Interrogation defined: Is the skillful questioning of a hostile person suspecting of having committed
an offense or a person who is reluctant to make a full disclosure of information in his possession
which is pertinent to the investigation.

Purposes/Objectives of Interrogation
a. To obtain valuable facts.
b. Eliminate the innocent.
c. Identify the guilty party; and
d. Obtain confession/admission
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THE GOLDEN RULE OF INTERROGATION
“Make him admit something, no matter how small or trivial. Usually, the first admission will lead
to another. In securing the first admission is the biggest stumbling block in dealing with tough suspects”.

Custodial Investigation - any questioning initiated by law enforcement officers after the person
has been taken into custody or otherwise deprived of his freedom of action in any significant way. The
questioning of the suspect or person believed to have been committed a crime after he was taken into
custody.
Note: Custodial Investigation shall include the practice of issuing an “invitation” to a person who
is investigated in connection with an offense he is suspected to have committed without prejudice to
the person. (R.A. 7438)

LEGAL REQUIREMENTS OF INTERROGATION

The statement of the subject must obtain voluntarily and trustworthy and not by means or use of
threat, fear, coercion, duress or any improper tactics which will vitiate the free will of the subject.
This stage of investigation has strict observance of Miranda Doctrine.

MIRANDA DOCTRINE - this case which entitled Miranda vs. Arizona, is a US Supreme Court
Jurisprudence which laid down the constitutional rights of the accused during custodial investigation.
It was incorporated in our 1973 Constitution and later in 1987 Constitution of the Philippines.

Sec. 12, Art. III of 1987 Philippine Constitution

1. Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his
own choice. If the person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel. (Miranda Doctrine)
2. No 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.
3. Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.

REPUBLIC ACT NO. 7438- Rights of the Person Arrested, Detained or under Custodial Investigation:
• The right to remain silent
• The right to have a 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 service of his/her counsel, he must be provided with a competent
and independent counsel by the investigating officer.
• Shall be allowed visits or conference with any members of his immediate family.
*These rights could be validly waived in writing and with the assistance of a counsel in order that
the ensuing confession be admissible as evidence.
The confession must also be in writing, signed and sworn to the accused.

Preliminary Conduct. - The interrogator should identify himself a t the outset and state in general the
purpose of the interrogation. He must advise the suspect of his rights against self-incrimination and
inform him that he does not have to answer questions and that, if he does answer, these answers can
be used as evidence against him. he must inform the suspect of his right to counsel and that a state
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appointed counsel will be made available without cost to him if he so desires. No questioning of the
suspect unless the latter has definitely waived his right to be silent. Ordinarily the investigator should
be alone with the suspect and, of course, the latter’s lawyer, if he has requested counsel.

The Interrogation Room- The room should provide freedom from distractions. If should be designed
simply to enhance the concentration of both the interrogation and the subject on the matter under
questioning.
INTERROGATION TECHNIQUES:

a. Emotional Appeals- Place the subject in the proper frame of mind. The investigator should
provide emotional stimuli that will prompt the subject to unburden himself by confiding. Analyze
the subject’s personality and decide what motivation would prompt him to tell the truth, then
provide those motives through appropriate emotional appeals.
b. Sympathetic Approach- The suspect may feel the need for sympathy or friendship. He is
apparently in trouble. Gestures of friendship may win his cooperation.
c. Kindness- The simplest technique is to assume that the suspect will confess if he is treated in
a kind and friendly manner.
d. Extenuation- The investigator indicates he does not consider his subjects indiscretion a grave
offense.
e. Shifting the Blame- The interrogator makes clear his belief that the subject is obviously not the
sort of person who usually gets mixed up in a crime like this. The interrogator could tell from the
start that he was not dealing with a fellow who is a criminal by nature and choice. The trouble
with the suspect lies in his little weakness “ he like liquor, perhaps, or he is excessively fond or
girls or he has had a bad run of luck in gambling.
f. Mutt & Jeff- Two (2) agents are employed. Mutt, the relentless investigator, who is not going to
waste any time because he knows the subject, is guilty. Jeff, of the other hand, is obviously a
king-hearted man.
g. TRICKS AND BLUFF TECHNIQUES
(1) THE PRETENSE OF SOLID EVIDENCE AGAINST THE ACCUSED
The investigator bluffs the suspect that even if he would not confess, there is
enough evidence to send him to jail. If he will confess, the investigator will see to it that his
prison term would be within range of probation.
(2) THE WEAKEST LINK
Among the suspects, there must be a careful selection of who among them is the
“weakest link” where the interrogation will begin. By tricks and bluffs, this weakest link will be
told that his companions had already confessed, and that this weakest link had dealt the
fatal blow or that he received the “lion’s share of the loot” in order to intrigue him.
(3) DRAMA
The weakest link may be used to fake pain and agony by ordering him/her to shout,
accompanied by banging a chair on the wall to make it appear that a commotion is going
on. The other suspects in separate rooms must hear the drama before telling them that their
partner had confessed.
(4) FEIGNING CONTACT WITH FAMILY MEMBERS
The suspect could be tricked that the investigator had gone to the residence and the
family members has supplied facts against the suspect. The suspect’s family will be dragged
into the investigation if the suspect will not confess.
h. STERN APPROACH - The investigator displays a stern (demands immediate response)
personality towards the suspect by using the following methods:
PRETENSE OF PHYSICAL EVIDENCE – It is the pretense of laboratory or scientific findings
22 | P a g e
 pointing to the suspect.
JOLTING – The investigator selects the right moment to shout a pertinent question in an
apparent righteous outrage.
INDIFFERENCE – The investigators will discuss and debate about how strong evidence of the
case that will result to a conviction of maximum penalty. Their aim is to induce the suspect to
confess by conditioning his mind that he is finally cornered with no other recourse but to confess.
FEIGNING PROTECTION AND CONSIDERATION – These questions are asked as matters of
considerations of rights, protection and advantage of the suspect.
OPPORTUNITY TO LIE – The suspect is given all opportunities to lie.
i. STERN APPROACH - The investigator displays a stern (demands immediate response)
personality towards the suspect by using the following methods:
(1) PRETENSE OF PHYSICAL EVIDENCE – It is the pretense of laboratory or scientific findings
pointing to the suspect.
(2) JOLTING – The investigator selects the right moment to shout a pertinent question in an
apparent righteous outrage.
(3) INDIFFERENCE – The investigators will discuss and debate about how strong evidence of
the case that will result to a conviction of maximum penalty. Their aim is to induce the suspect
to confess by conditioning his mind that he is finally cornered with no other recourse but to
confess.
(4) FEIGNING PROTECTION AND CONSIDERATION – These questions are asked as matters
of considerations of rights, protection and advantage of the suspect.
(5) OPPORTUNITY TO LIE – The suspect is given all opportunities to lie.
j. MOVING THE ETHNIC OR CULTURAL BARRIER OR CULTURAL BARRIER
If the suspect is of Ilocano descent, he should be interrogated by an Ilocano investigator,
and the same with other ethnic or cultural groups.
k. SEARCHING FOR THE SOFT SPOT
In every man’s heart, there is always the softest spot. The heart may have hardened to
steel by poverty, destitution, hopelessness, despair, apathy, indifference, injustice, hatred or
other factors, yet there is always that spot which could be discovered by the investigator through
his knowledge of human behavior.
l. MINIMIZATION
Minimizing the culpability of the suspect. The investigator convinces the suspect that a
confession will reduce the offense and the penalty.

CRIMINAL INTERROGATION SYSTEMS

Types of Offenders and Approaches to be used in Dealing with Them:

Emotional Offenders have a greater sense of morality. They easily feel remorse over what
they have done. The best approach in interrogating this type of offender is the sympathetic approach.
Non-Emotional Offenders normally do not feel any guilt, so the best way to interrogate them
is through the factual analysis approach, that is, by reasoning with the subject and letting him know that
his guilt has already been, or will soon be, established.

Interrogation of Suspect Whose Guilt is Definite or Reasonably Certain

a) Maintain an attitude that shows that you are sure of yourself when you conclude that the
subject is indeed guilty.
I. Don’t be very friendly with the subject and do not offer a handshake.

23 | P a g e
 II. At the outset, accuse the subject of lying. If he reacts with anger, this usually indicates
innocence. But if he remains calm, you can generally conclude that your suspicion of
guilt confirmed.
III. Interruption of questioning by the subject may indicate innocence. Silence is equated
is equated with guilt.
IV. Do not allow the subject to repeatedly deny his guilt.
V. Assume that the subject is guilty and proceed to ask why he committed the act.
VI. When interrogating a big shot, it may be useful to lower his status by addressing him
by his first name, instead of using a title of respect.
VII. Remember that one who is trained in criminal interrogation is easier to question than
an ordinary criminal since he has less confidence in himself as a liar.
b) The subject should be made aware of the fact that the interrogator knows information
indicating his guilt and that the interrogator is not merely “fishing“ for evidence.
c) Let the subject know that he is showing signs of deception, some of which are:
I. Pulsation of the carotid (neck) artery
II. Excessive activity of the Adam’s apple
III. Avoiding the eyes of the interrogator, swinging one leg over the other foot wiggling,
wringing of the hands, tapping of fingers, picking fingernails, etc.
IV. Dryness of the mouth
V. Swearing to the truthfulness of assertions. Guilty subjects to strengthen their
assertions of innocence frequently use this.
VI. Spotless Past Record Religious Man These are asserted to support statements, which
the subject knows, and realizes the interrogator knows, to be false.
VII. A Not That I Remember or As Far as I Know expression should be treated as a veiled
admission or half-truth.
d) Sympathize with the subject by telling him that anyone else under similar conditions or
circumstances might have done the same thing.
e) Reduce the subject’s guilt feeling by minimizing the moral seriousness of his offense.
f) In order to secure the initial admission of guilt, the interrogator should suggest possible
reasons, motives or excuses to the subject.
g) Sympathize with the subject by:
I. Condemning his victim. During the questioning, the interrogator should develop the
notion that the initial blame, or at least some the blame, for the crime rests upon the
victim.
II. Condemning the subject accomplice. But the interrogator must be cautious so that the
subject as leniency or exculpation from liability does not misinterpret his comments.
III. Condemning anyone else upon whom some degree of moral responsibility might be
placed for the commission of the crime.
h) In encouraging the subject to tell the truth display some understanding and sympathy.
I. Show sympathy through a pat on the shoulder (usually reserved for men who are
either younger that or of the same age as the interrogator, or emotional offenders), or
gripping the subject’s hand. Care must be taken with female offenders, who might
consider any physical contact with the interrogator as a sexual advance.
II. Tell the subject that even if he was your own brother (or any other close relative), you
would still advise him to speak the truth.
III. Convince the subject to tell the truth for his own moral or mental well being
IV. The “friendly-unfriendly” act. This is much like the Mutt and Jeff system discussed
earlier. The only difference is that this act seems more effective if done by a single
interrogator playing both roles.
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 i) Point out the possibility of exaggeration on the part of the accuser or victim or exaggerate
the nature and seriousness of the offense itself.
Early in the interrogation, have the subject situate himself at the scene of the crime or in
some sort of contact with the victim or the occurrence.
j) Seek an admission of lying about some incidental aspect of the occurrence by achieving this,
the subject loses a great deal of ground, bringing him nearer to the confession stage,
because he can always be reminded by the interrogator that he has not been telling the truth.
k) Appeal to the subject’s pride well-selected flattery or by a challenge to his honor. Flattery is
especially effective on women subjects.
l) Point out the uselessness of lying.
m) Point out to the subject the grave consequences and futility of a continuation of his criminal
behavior.
n) Rather than seek a general admission of guilt, first ask the subject a question regarding some
detail of the offense, or inquire as to the reason for its commission.
o) When co-offenders are being interrogated and the previously described techniques have
been ineffective, play one against the other. This is effective because when two or more
persons have collaborated in the commission of a criminal offense and are later apprehended
for questioning, there is usually a constant fear on the part of each participant that one of
them will talk, in exchange for some leniency or clemency.

Interrogation of Suspect Whose Guilt is Uncertain

a) Ask the subject if he knows why he is being questioned.
b) Ask the subject to relate all he knows about the crime, the victim, and possible suspects.
c) Obtain from the subject detailed information about his activities before, during and after the
occurrence under investigation. This is a good method of testing the validity of the subject’s
alibi.
d) Where certain facts suggestive of the subject’s guilt are known, ask him about them rather
casually and as though the real facts were not already known, to give the subject an
opportunity to lie. His answer will furnish a very good indication of his possible guilt or
innocence, and if he is guilty, his position becomes very vulnerable when confronted with the
facts possessed by the interrogator.
e) At various intervals, ask the subject certain pertinent questions in a manner, which implies
that the correct answers, are already known.
f) Refer to some non-existing incriminating evidence to determine whether the subject will
attempt to explain it; if he does, that is an indication of guilt.
g) Ask the subject whether he ever thought about committing the offense or one similar to it. If
the subject admits he had thought about committing it, this fact is suggestive of his guilt.
h) In theft cases, if the suspect offers to make restitution, that fact is indicative of guilt.
i) Ask the subject whether he is willing to take a lie-detector test. the innocent person will almost
always immediately agree to take practically any test to prove his innocence, whereas the
guilty person is more prone to refuse to take the test or to find excuses for not taking it, or for
backing out of his commitment to take it.
j) A subject who tells the interrogator, all right, I’ll tell you what you want, but I didn’t do it, is, in
all probability, guilty.

General Suggestions Regarding the Interrogation of Criminal Suspects

a) Interview the victim, the accuser, or the discoverer of the crime before interrogating the
suspect.

25 | P a g e
 b) Be patient and persistent. Never conclude an interrogation at a time when you feel
discouraged and ready to give up; continue for a little while longer.
c) Make no promises when asked, what will happen to me if tell the truth? A promise of leniency
or immunity may induce an innocent to confess.
d) View with skepticism the so-called conscience-stricken confession.
e) When a subject has made repeated denials of guilt to previous investigators, first question
him, whenever circumstances permit, about some other, unrelated offense of a similar nature
of which he is also considered to be guilty.
f) An unintelligent, uneducated criminal suspect, with a low cultural background should be
interrogated on a psychological level comparable to that usually employed in the questioning
of a child.

Interrogation Witnesses and Other Prospective Informants:

a) Give the witness or prospective informant an assurance that the offender will not harm him
or any member of his family, and that there is a witness protection program specially designed
to meet that contingency when it becomes necessary.
b) If such witness or prospective informant refuses to cooperate with the police, try to sever any
bond between him and the offender, and proceed to interrogate the witness or informant as
if he were the suspect.

INSTRUMENTATION

Scientific examination of real evidence, application of instruments and methods of physical

sciences in detecting crime. It is the sum total of the application of all sciences in investigation
known as “Criminalistics”.
It is the application of instruments and methods of physical science to the detection of
crimes. In cases where there is no significant physical evidence to be found, then the use of
instrumentation is relatively unimportant.

THE POLICE SCIENCE INVOLVED:

Polygraphy
Police Photography
Forensic Medicine
Forensic Chemistry-Toxicology
Forensic Ballistics
Dactyloscopy
Questioned Document Examination
Odontology
Forensic Psychology
Forensic Computer Technology

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CHAPTER 3

PHASES OF CRIMINAL INVESTIGATION

PHASE I: IDENTIFY THE SUSPECT
PHASE II: LOCATE AND APPREHEND THE SUSPECT/S
PHASE III: GATHER AND PROVIDE EVIDENCE TO ESTABLISH THE GUILT OF THE
ACCUSED.

PHASE I: IDENTIFY THE SUSPECT

FOUR METHODS OF IDENTIFYING THE CRIMINALS

Methods of Identifications of Criminals

Criminal are identified thru the following:
• Confession and Admission
• Statement of witnesses
• Circumstantial Evidence
• Associative Evidence

A. CONFESSION- this is an expressed acknowledgement by the accused in criminal cases of the

truth of his guilt as to the crime charged or of some of the essential part thereof. There is no
implied confession for it is positive and direct acknowledgement of guilt. It is the best means of
identifying criminal.
ADMISSION- A self-incriminatory statement by the suspect falling short of an acknowledgment
of guilt. It is acknowledgement of fact or circumstances without accepting guilt.

Rules in Confession
• Confession need not to be in writing
• Confession may be written in a language which the accused does not speak
• Confession must be freely and voluntarily made

Voluntarily - means that the accused speak of his free will and accord, without inducement of any kind
and with the full and complete knowledge of the nature and consequences of the confession.
Freely- when the speaking is so free from the influence affecting the will of the accused at the same
time the confession was made.

TYPES OF CONFESSION
1. Judicial Confession- made by the suspect/accused in open court
Sec. 2, Rules of Court states that “Judicial Admission is made by the party in the pleadings, or in
the course of the trial or other proceedings do not require proof and cannot be contradicted unless
previously shown to have been made through palpable mistake.
2. Extra-Judicial Confession- made by the suspect during investigation this must be supported
by evidence of corpus delicti.

KINDS OF EXTRA-JUDICIAL INVESTIGATION

1. VOLUNTARY EXTRA-JUDICIAL CONFESSION- This confession is voluntary when the
accused speaks of his accord, without inducement of any kind with a full and complete
knowledge of the nature and the consequence of the confession.

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RULES TO BE OBSERVED
o Must be taken preferably in writing
o It must be written in the language known and understood by the accused, if not it must be clearly
translated.
o It must be freely and voluntarily given by the accused.
o Under the New Constitution, it must be taken in the presence of competent and independent
counsel chosen by the accused.
o Signed by the confessant or thumb mark.

2. INVOLUNTARY EXTRA-JUDICIAL CONFESSION- Confession obtained through force, threat,

intimidation, duress or anything influencing the voluntary act of the confessor.

IMPORTANT NOTE:
o Confession obtained from the defendant by means of force or intimidation/violence is NULL
AND VOID and cannot used against him/her in the trial.

Requirement for confession as proof of guilt

Other corroborative evidence must support it.

Corpus delicti - is the body of the crime or fact of specific loss or injury sustained. Corpus
Delicti is proven by showing the following:
A. There exists a certain state of fact which forms the basis of the criminal act charged; and
B. The existence of a criminal agency which caused the state of facts to exist. It is preferable that the
state of fact should be established by direct and positive proof, but circumstantial evidence will suffice
if it is particularly clear and cogent.

B. By EYE-WITNESS TESTIMONY- description made by eyewitness

the two (2) kinds of criminal identified by witnesses.
a. Known fugitives - If the criminal is known, then police records and pictures are available. His
relatives and friends can offer a description. Further description may be obtained from local police
files, background investigation and from verbal description of others.
b. Unknown criminals - Identifications of unknown criminals by eyewitnesses must be approached
with caution by investigator. The description and characteristics may be vague that identification is
difficult.

The value of identification by Eyewitnesses Depends on:

1. The ability of the eyewitness to observe and remember the relative "distinctiveness" of the
accuser's appearance.
2. The prevailing conditions of visibility and observations.
3. The lapse of time between the criminal event and the identification.

Methods of Identification made by eyewitness

a. Portrait Parle (Verbal description) - French word of “speaking likeness”, depends on the ability of the
witness to observe, describe and compare.
b. Rogues Gallery - the use of photographic files, successful if there is an existing photograph of the
suspect on police files.
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c. General Photograph - variety of facial types showing different features of the face is presented to the
witness by the investigator.
d. Artist/Cartographic sketch- the witness and prober develop a picture of the criminal with the help of
skilled cartographer. (Composite Criminal Illustration)
Cartography- the art of sketching the image of a person or the art of making map

PROCEDURE OF IDENTIFICATION BY EYEWITNESS

1. PHYSICAL LINE UP/POLICE LINE UP- Is a means of selecting a suspect mixed with a group
of innocent people usually composed to seven to ten people. The purpose of police line-up is to
eliminate the power of suggestion.
2. PHYSICAL SHOW-UP- Only one person is shown to the witness usually at the scene of the
crime and made immediately after the arrest of the suspect.

Bases of the eyewitness in the identification of criminal

Face-forehead, eyebrow, mustache, eyes, ears, cheeks, mouth, lips, teeth, chin, jaw, etc.
Neck- shape, length, Adam’s apple
Shoulder- width and shape
Waist- size, shape of the abdomen
Hands- length, size, hair, condition of the palms
Fingers- length, thickness, stains, shape of nails and condition
Any deformities (cross eyed, limping and etc.)
Teeth-
Gait

Bases of Physical Description of Physical Appearance

Mug Shot
Artist Drawing
Composite Sketches
Verbal description or Portrait Parley

C. CIRCUMSTANCIAL EVIDENCE
Circumstantial evidence is identification established indirectly by proving other facts or circumstances
from which either alone or in connection with other facts, the identity of the perpetrator can be
inferred.
When many circumstantial evidences be sufficient to produce conviction?
a. When there are more than one circumstances.
b. When the facts from which the inferences derived are proven.
c. When the combination of all the circumstances is such as to produce a conviction beyond a
reasonable doubt.

What must be inferred to prove identity by circumstantial evidence?

a. Motive- is what induces criminal to act
b. Intent- is the result or accomplishment of the act
c. Opportunity - This is the physical possibility that the suspect could have committed the
crime.

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It may be deduced from the following:
1. The suspect could have been in the vicinity of the crime.
2. Knowledge of the criminal objectives.
3. Absence of alibi.

D. ASSOCIATIVE EVIDENCE- are the physical evidences which may identify the criminal by
means of clues, personal properties, and the characteristics patterns of procedure deduced
from the arrangement of objects at the crime scene. The offender may leave some clues at
the scene, such as weapons, tools, garments, fingerprints, foot impressions, etc.
Crimes of violence may leave evidence of physical struggle.

MODUS OPERANDI
Is the method of operation by a specific criminal or criminal syndicate. It is a distinct pattern
of how a crime is committed and is established by a series of crimes under one classification. The
modus operandi of one criminal is distinct and different from the other. It is a criminal trademark, logo
or brand name.

INSP. THOMAS BYRNES

American founder of criminal “Modus Operandi” (“MO”)

IMORTANCE OF MODUS OPERANDI

A. It is the most useful means of identifying unknown fugitives. Thus, every investigation unit
should maintain a modus operandi file.
B. For use of Security Education Programs of the citizenry over the radio and television programs
or in seminars about safety education.

PHASE II: LOCATE THE SUSPECT

SURVEILLANCE

In General. In the investigation of a certain case, a point is reached when the investigator sometimes
finds it difficult to secure leads through questioning of the complainant and witnesses. In such a
situation, the investigator has to go to the filed to locate the criminal or, if he is known, to study his
habits, movements and possible accomplices in the commission of the crime.

Definition- Surveillance is the secret/discreet/clandestine observation of places, persons and vehicles

for the purpose of obtaining information concerning the identities or activities of subjects.

Objectives of Surveillance:
1. To detect criminal activities
2. To discover the identity of persons who frequent the establishment and determine their
relationship.
3. To discern the habits of a person who lives in or frequents the place.
4. To obtain evidence of a crime or to prevent the commission of a crime.
TYPES OF SURVEILLANCE
1. TAILING/SHADOWING
2. CASING/RECONNAISSANCE

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 3. UNDERCOVER OPERATION/ROPING

SURVEILLANT- is the person who maintains the surveillance or perform the observation.

SUBJECT- The person being watched or surveyed.

CONSIDERATION IN SURVEILLANCE PLANNING

Pre-Surveillance Conference – a conference held among the team members, the police
intelligence unit before surveillance is conducted.
Surveillance Plan – a plan established as required according to type of personnel, and the
general and specific instructions for surveillance.
Area Target Study – refers to the area of operation of surveillance activities.
Surveillant – a person who conducts surveillance with includes only observations.
Stakeout or Plant – is the observation of places or areas from a fixed point.
Tailing or Shadowing – it is the observation of a person’s movement.
Undercover Man – it refers to a person trained to observe and penetrate certain organization
suspected of illegal activities and later reports the observation and information’s that proper
operational action can be made.
Liason Program – the assignment of trained intelligence personnel to other agencies in order
to obtain information of police intelligence value. (Agencies like the press, credit agencies,
labor unions, telephone companies)
Safehouse – is a place, building, enclosed mobile, or an apartment, where police undercover
men meet for debriefing or reporting purposes.
Drop – any person in a convenient, secure and unsuspecting place where police undercover
men meet his action agent for debriefing or reporting purposes.
Convoy – an accomplice or associate of the subject used to avoid or elude surveillant.
– a cover supporting the surveillant who can become a convoy whenever surveillant is burned.
Contact – any persons whom the subject picks or deals with while he is under observation and
identifies the observer.
Made – when subject under surveillance becomes aware that he is under observation and
identifies the observer.
Lost – when the surveillant does not know the whereabouts of his subject or the subject had
eluded the surveillance

TAILLING/SHADOWING
-observation of person and movement
Its objectives are:
• To detect evidenced of criminal activities.
• To establish the association of a suspect
• To find a wanted person
• To protect a witness

There are three (3) types of shadowing employed, depending upon the objective of the surveillance:
❖ Loose Tail- is employed when a general impression of the subject’s habits and associates is
required.
❖ Rough Shadowing- without special precautions may be used where the criminal must be
shadowed and he is aware of this fact; or where the subject is a material witness and must be
protected from harm or other undesirable influences.
❖ Close Tail- surveillance is one is which extreme precautions are taken against losing the subject.
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METHODS OF SHADOWING
a. ONE-MAN SHADOW- extremely difficult and should be avoided. If unavoidable keep subject in
view at all times.
b. TWO-MAN SHADOW- Two agent is employed to follow the subject.
c. THREE-MAN SURVEILLANCE OR ABC METHOD- Reduces the risk of losing the subject,
affords greater security against detection
d. PROGRESSIVE/LEAPFROG METHOD- This is use attempting to locate the hideout of a
subject from a vantage-point of view without moving after the subject. The following day the
shadower/agent takes up a watch from the point at which the subject was last seen. Poor
chances of obtaining good results, agents are stations at a fixed point assuming that the
subject followed the same general route each day.
e. COMBINED FOOT-AUTO SURVEILLANCE- Employed of surveillance on foot and agents in
automobile.
* If the subject is aware of the tailing he should request for his immediate removal.

a. Turning – if the subject turns a corner, the surveillant should not hurry. If the subject
is lost, the nature of the neighborhood will determine the subsequent procedure. In most cases, it is
preferable to lose the suspect than to alert him to the tail.
b. Entering a building – if the building is a store, the surveillant should wait until the subject comes
out. In buildings having a number of exits, it is necessary to follow him inside. If the subject enters an
elevator the surveillant should board the same elevator. The surveillant may tell the elevator boy that
his destination is the same floor, if there are more than one surveillant
one should alight at the subject’s floor and should proceed in a different direction then the latter
can return to the first floor and wait for the subject.
c. Taking a bus – the surveillant should board the same bus; sit behind the subject and on the
same side. If he misses the bus, he should hire a taxi and board the bus at a pint ahead.
d. Taking a taxi – when the subject takes a cab, the surveillant records the time, place
and name of the taxi’s company and license. He should endeavor to follow in another taxi. If this
results in failure, he should trace the taxi by means of recorded information and ascertain the
destination from the taxi driver.
e. Taking a train – if the subject shows his intention of buying a ticket, the surveillant
should endeavor to get in line behind him with one-person intervening. If he hears the destination
requested by the subject, he may buy a similar ticket. In the event that he is unable to hear the
destination, he should merely request for a timetable.
f. In a restaurant – the surveillant should allow a few minutes to elapse before following
the subject into a restaurant. He should then take an obscure seat and arrange to finish
his meal at the same time as the subject.
g. In a hotel– an inquiry can be made concerning the room of the subject. If he registered, the
surveillant can take the adjoining room.
h. in a telephone booth – the surveillant should either go into the next booth or stand near enough
to hear. He should not the telephone book use the page at which it was left open.
i. In the theater – the surveillant should sit behind the subject and take not of the various exits
which are available.

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Special methods of surveillance
a. wiretapping – the telephone lines is tapped somewhere along the line, either in the
street line or in the telephone company. The tapped lines are run into a recorder, which is
monitored by the investigator.
b. concealed microphone – the microphone may be concealed in the room or maybe
disguised as a common object such as desk ornament. The wires are run out to a nearby room
where the conservation is recorded.
c. Tape recorder – a pocket size tape recorder maybe concealed when recording the
conversation.
d. Television – closed circuit system may be used so that the activities of the subject
maybe observed by the surveillant at a distance.

CASING OR RECNNAISANCE
-Is the surveillance of building, place or area to determine its suitability and vulnerability in
operations.
➢ Casing- police term
➢ Reconnaissance- military term.

METHODS OF CASING
1. Personal Reconnaissance- the most effective method and will produce the most info since
you know just what you’re looking for.
2. Map Reconnaissance- it may not sufficient but it can produce a certain amount of usable
information.
3. Research- much info can be acquired through research.
4. Prior Information- your unit and of the will have file report that they may provide you with info.
5. Hearsay- info usually gain by the person operating in the area and performing casing job.

ACCORDING TO INTENSITY AND SENSITIVITY

A. Discreet – subject is unaware that he/she is under observation
B. Close – subject is aware that he/she is under observation.
C. Loose – applied frequently or infrequently. Period of observation may vary on each occasion.

ACCORDING TO METHODS
A. Stationary – observation of place on a fixed-point position.
*Stakeout Surveillance - is used when you know or suspect that a person is at or will come to a
known location when you suspect that stolen goods are to be dropped or when informants have told
you that a crime is going to be committed.
B. Moving – subject is followed from place to place.
C. Technical – uses communication and electronic hardware, gadgets, systems and equipment.
UNDERCOVER OPERATION/ROPING
Is a form of investigation in which the investigator assumes a different and unofficial identity in
order to obtain information

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COVER – the means by which an individual group of organization conceals the true nature of its acts
and or existence from the observer.

COVER STORY – a biographical data through fictional; that will portray personality of the agent he
assumed, a scenario to cover up the operation.

COVER SUPPORT – an agent assigned in target areas with the primary mission of supporting the
cover story.

PROCUREMENT
Is the aggressive effort to acquire certain specific information that may not be readily available.

PROCUREMENT AGENT
1. AGENT IN PLACE- has been recruited by an intelligence service within highly sensitive target.
2. DOUBLE AGENT- an enemy agent, who has been captured, turn around and sent back where
he came as an agent of his captor.
3. EXPENDABLE AGENT- an agent through whom false information is leaked in the enemy.
4. PENETRATION- an agent who has reached the enemy gets information and would manage to
get back alive.
5. AGENT OF INFLUENCE- an agent who uses influence to gain information.
6. AGENT PROVOCATION

PHASE III: GATHER AND PROVIDE EVIDENCE TO ESTABLISH THE GUILT OF THE ACCUSED
➢ Physical Evidence
-any object found at the crime scene
➢ Testimonial Evidence
-testimony from victim or witness
➢ Documentary Evidence
-record

PHYSICAL EVIDENCE TO IDENTIFY CRIMINAL

• CORPUS DELICTI- is the body of the crime or fact of specific loss or injury sustained. It
constitutes the essential parts or elements in the commission of the crime
• ASSOCIATIVE EVIDENCE- these are the pieces of evidence that will link the suspect to the
crime scene. Such as fingerprint, foot or shoe impressions are example.
• TRACING EVIDENCE- articles which assist the investigator in locating the criminal.
Three important factors to be considered before a PHYSICAL EVIDENCE may be introduced to
court:
1. The article must be properly identified
2. Continuity or chain of custody must be approved
3. Competency must be proved, that the evidence is MATERIAL AND RELEVANT (Rules on
admissibility)

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CHAPTER 4

POLICE INTELLIGENCE AND SECRET SERVICE

INTELLIGENCE DEFINED
According to Government - Commission Task Force - It means the collection, processing,
collation, interpretation, evaluation and dissemination of information, with references to national
security. In certain context, it may also mean the network or the system for the collection, collation,
interpretation, evaluation, processing, and dissemination of information. The term as used here doesn’t
include any police powers or authorities, any investigative function other than those involve in the
collection of information nor any function involved in the enforcement of laws, orders, or regulation.
According to Military Terminologies - Intelligence is the end product resulting from the
collection, evaluation, analysis, integration and interpretation of all available information which may
have immediate or potential significance to the development and execution of plans, policies and
programs of the users.
According to Police Parlance - The end product resulting from the collection, evaluation,
analysis, integration and interpretation of all available information regarding the activities of criminal
and other law violators for the purpose of affecting criminals and other law violators for the purpose of
affecting their arrest, obtaining evidence, and forestalling plan to commit crime.

BROAD CATEGORIES OF INTELLIGENCE

NATIONAL INTELLIGENCE
Knowledge formed from the integration of the intelligence develop by all government
departments, which provide the valuable inputs or the formulation of national policy and the
promotion and enhancement of national security.

DEPARTAMENTAL INTELLIGENCE
Knowledge required by an agency or department government in order to execute its mission.

MILITARY INTELLIGENCE
It is the intelligence used in the preparation of military policies, plans and program.

POLICE INTELLIGENCE
It is the product resulting from the collection, evaluation, analysis, integration and interpretation
of all available information which concerns one or more aspect of the criminal environment which is
immediately or potentially significant to police planning

Functions of Intelligence in General

Today all counties have their intelligence services. They may be different in their organization,
efficiency and method but they all have the basic functions such as:
• the collection or procurement of information
• the evaluation of the information which then become intelligence
• the dissemination of intelligence to those who need it.
• counter intelligence or negative intelligence, which is dedicated to the concealment and protection
of one’s own information from the adversary intelligence operation. It is a defensive function of
intelligence.

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CRITERIA, DOCTRINES, AND PRINCIPLES OF INTELLIGENCE

Criteria
a. Universality of application - it should apply to as many phases and aspects of intelligence as
possible. It should guide not only the production of intelligence but also the concomitant activities
essential to the process as well as the organization and the thought and actions of the individual
composing it.
b. It must be broad - it should form the basis for a formulation of corollary and subsidiary guides.
c. It must be important, indeed essential, to intelligence- if a guide is truly important and essential,
then its violations should bring its own immediate penalties.

Doctrines
a. There exists an essential unity between knowledge and action; that knowledge enhances
the effectiveness of action - and minimizes the chances of error.
b. “The knowledge requirements of decision-making are complex and beyond the capacities
of anyone necessary to meet their requirements.”

Principles
1. Objectivity - in intelligence, only the well guided succeed. It is a basic intelligence concept that
there must be unity between knowledge and action. It follows therefore that intelligence should
interact and condition the decision. Intelligence must be adapted to the needs of the decision; it
is both giver and taker. Action or decision is planned by knowledge and guided by it at every
step.
2. Interdependence - Intelligence is artificially subdivided into component elements to ensure
complete coverage, eliminate duplication and to reduce the overall task or manageable sizes.
Nevertheless, each subdivision remains as essential part of unity; contributes proportionately to
the end result; possesses a precise interrelationship; and interacts with each other so as to
achieve a balanced and harmonious whole.
3. Continuity - Intelligence must be continuous. It is necessary that coverage be continuous so
that the shape of what happens today could be studied in the light of what happened before,
which in turn would enable us to predict the shape of things to come.
4. Communication - Intelligence adequate to their needs must be communicated to all the
decision makers in manner that they will understand and form that will permit its most effective
use.
5. Usefulness - Intelligence is useless if it remains in the minds, or in the files of its collectors or
its producers. The story must be told and it must be told well. The story must be convincing and
to be convincing it must not only be plausible or factual but its significance must be shown.
6. Selection - Intelligence should be essential and pertinent to the purpose at hand. Intelligence
involves the plowing through a maze of information, considering innumerable number of means
or of picking the most promising of a multitude of leads. The requirement of decision-making
covers very nearly the entire span of human knowledge. Unless there is selection of only the
most essential and the pertinent, intelligence will go off in all directions in one monumental waste
of effort.

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 7. Timeliness - Intelligence must be communicated to the decision maker at the appropriate time
to permit its most effective use. This is one of the most important and most obvious, for
Intelligence that is too soon or too late are equally useless. Timeliness is one principle that
complements all the others.
8. Security - Security is achieved by the measures which intelligence takes to protect and preserve
the integrity of its activities. If intelligence has no security, it might be as well being run like a
newspaper to which it is similar.

General Activities in Police Intelligence

1. Strategic Intelligence - it is an intelligence activity which is primarily long range in nature
with little practical immediate operation value.
2. Line Intelligence - it is an intelligence activity that has the immediate nature and value
necessary for more effective police planning and operation.
3. National Intelligence - it is the integrated product of intelligence developed by all the
governmental branches, departments concerning the broad aspect of national security and
policy. It is concerned to more than one department or agency and it is not produced by single
entity. It is used to coordinate all the activities of the government in developing and executing
integrated and national policies and plans.
4. Counter-Intelligence - phase of intelligence covering the activity devoted in destroying the
effectiveness of hostile foreign activities and to the protection of info against espionage,
subversion and sabotage.
5. Undercover Work - is an investigative process in which disguises and pretext cover and
deception are used to gain the confidence of criminal suspects for the purpose of determining
the nature and extent of any criminal activities that maybe contemplating or perpetuating.

Functional Classification of Police Intelligence

▪ Criminal Intelligence (CRIMINT) - refers to the knowledge essential to the prevention
of crimes and the investigation, arrest, and prosecution of criminal offenders.
▪ Internal Security Intelligence (INSIT) - refers to the knowledge essential to the
maintenance of peace and order.
▪ Public Safety Intelligence (PUSINT) - refers to the knowledge essential to ensure the
protection of lives and properties.

Forms of Intelligence
a. Sociological Intelligence - deals with the demographic and psychological aspects of groups of
people. It includes the population and manpower and the characteristics of the people, public
opinion “ attitude of the majority of the people towards matter of public policy and education.
b. Biographical Intelligence - deals with individual’s personalities who have actual possession of
power.
c. Armed Force Intelligence - deals with the armed forces of the nation. It includes the position
of the armed forces, the constitutional and legal basis of its creation and actual role, the
organizational structure and territorial disposition, and the military manpower recruitment and
Order of Battle
d. Geographical Intelligence - deals with the progress of research and development as it affects
the economic and military potential of a nation.

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KINDS OF INTELLIGENCE
A. Strategic Intelligence - as defined earlier; it is an intelligence data that are not of an
immediate value. It is usually descriptive in nature, accumulation of physical description of personalities,
modus operandi. It does not have immediate operational value but rather long range that may become
relevant to future police operations.
B. Line Intelligence - It is the kind of intelligence required by the commander to provide for
planning and conduct tactical and administrative operation in counter insurgency. This pertains to
knowledge of People, Weather, Enemy and Terrain (PWET) used in planning and conducting tactical
and administrative operation in a counter insurgency.
Intelligence information to be determined in Line Intelligence are:
People - living condition of the people, sources of income, education of the people,
government livelihood projects, extent of enemy influence to the people
Weather - visibility, cloudy, temperature, precipitation (rain), wind
Enemy - location of the enemy, strength of the enemy, disposition, tactical capability,
enemy vulnerability
Terrain - relief and drainage system, vegetation, surface material, manmade features.
There are military aspects of terrain which includes cover and concealment, obstacle, critical key
terrain features, observation and fields of fire, and avenues of approach.
C. Counter Intelligence (CI) - this kind of intelligence covers the activity devoted in destroying
the effectiveness of hostile foreign activities and to the protection of info against espionage, subversion
and sabotage. Hence, the three activities of CI are: protection of information against espionage;
protection of personnel against subversion; and protection of installations and material against
sabotage.
Counter Intelligence is also known as Negative Intelligence - a generic term meaning three different
things;

Security Intelligence - means that the total sum of efforts to counsel the national policies,
diplomatic decisions, military data, and any other information of a secret nature affecting the security
of the nation form unauthorized persons. It is an effort to deny information to unauthorized persons by
restricting to those who are explicitly authorized to possess it.

Counter-Intelligence - counter intelligence is the organized effort to protect specific data that
might be of value to the opponent’s own intelligence organization. Some of its functions are: Censorship
- of the following: correspondence, broadcast, telecast, telephone conversations, telegrams and cables,
etc., prevention of the dissemination of any information that might aid an opponent; maintenance of
files of suspect; surveillance of suspects; mail reading, wiretapping and recording; infiltration of the
enemy intelligence organized to procure information about its method, personal, specific operations
and interest.

Counter-Espionage - In counter-espionage, negative intelligence becomes a dynamic and

active effort. Its purpose is to investigate actual or theoretical violation of espionage laws, to enforce
those laws and to apprehend any violators.

Five Categories of CI Operation

1. Military Security - it encompasses the measures taken by a command to protect itself
against espionage, enemy operation, sabotage, subversion or surprise.

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 2. Port Frontier and Travel Security - has to do with the application of both military and
civil security measures for CI control at point of entry and departure, international borders
or boundaries.
3. Civil Security - it encompasses active and passive CI measures affecting the non-military
nationals permanently or temporarily residing in an area under military jurisdiction.
4. Censorship - it is the control and examination of the civil, national, armed forces, field
press, and POWs.
5. Special Operations - counter subversion, sabotage and espionage

Counter Intelligence (CI) Operation

1. Counter Human Intel (HUMINT) - seeks to overcome enemy attempts to use human sources to
collect information or to conduct sabotage and subversion which includes CI special operations,
liaison, counter security, and CI screening.
2. Counter Imagery Intel (IMINT) - includes action taken to determine enemy SIGINT and related
enemy weaknesses, capabilities and activities. These actions include surveillance radar, photo
thermal and infrared systems. Successful counter - IMINT operations rely heavily on pattern and
movement analysis and evaluation of the enemy.
3. Counter Signal Intel (SIGINT) - determine enemy SIGINT and related enemy weaknesses,
capabilities and activities, assess friendly operations to identify patterns, profiles and develop,
recommend and analyze counter measures.

THE INTELLIGENCE CYCLE

The single most important part of intelligence activity is the understanding the intelligence cycle
because MISSION, which is the core of the cycle, serves as the foundation of all intelligence operations.
Every operative must therefore place into mind the following phases of the cycle:

PHASE 1 - Planning the Collection Effort

This phase of the cycle involves the determination of the requirements of intelligence. It is
concerned with identifying the so-called Priority Intelligence Priority Intelligence Requirement (PIR)
or Essential Element of Information (EEI) - an item of intelligence or information of the characteristics
of the area of operations and the enemy, which the commander feels he needs before he needs before;
he can reasonably arrive at a decision.
With this, the intelligence officer must have a thorough knowledge of the available sources of
information, the collecting agencies and type of info the latter can provide. He must understand the
operations of the command in order to provide the particular Intel required for success. He must have
a thorough knowledge of the tactics, organizations, and characteristics of the enemy and be especially
competent in the fields of acquisition of operations.

Categories of Intelligence Requirements

In relation to use
a. Executive - are that information required by executive, governmental and military
commanders; the executive requirements are the basis for decisions and national policy
making.
b. Contributory - information required to complete the staff process - make staff plans and
estimates that contribute to the decision and policy making.

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 c. Operational - additional intelligence required in planning and carrying out effectively the
decision or policy announced. Decisions and policy require implementation.
d. Collateral - higher or adjacent echelons of the government or military establishment may
require info.
In relation to type
a. Basic - are general reference materials for use in the planning regarding the enemies,
area of operations, capabilities - static comprehensive.
b. Current - are information which are temporary in nature and narrower in scope.
c. Estimative - are those that determine the future courses of action; required by the
executives to plan future military operations and policies.

PHASE 2 - Collection of information

This phase of the cycle is concerned with identification of the collecting agency, the
formulation of procedures on the manner of collecting the information in conjunction with the plans as
achieved in phase one.

Selection of Collecting Agencies

a. List all available sources; exploit the collecting agencies.
b. Collection will be assigned in accordance with capabilities;
c. Collection directives prepared once the proper collecting agency has been selected
to exploit a particular source;
d. Collection directives do not limit the activities of the collecting agency;
e. Criteria for the selection of collecting agency; suitability, capability, confirmation,
timeliness and balance.
Purpose of the Collection Plan
a. To insure logical and orderly analysis of the intelligence requirements.
b. To establish a workable collection scheme based on the analysis of the intelligence
requirement.
c. To provide definite and precise directives to collecting agencies.
d. To avoid possibility of omission, conflict or unnecessary duplication of collection effort.

Steps in Developing a Collection Plan

a. List the requirements in the order of priority
b. Break the requirements into indication - any evidence of actual or potential enemy
activity or characteristic of an area of operation enemy activity or characteristic of an
area of operation, habitual activities “ need experience.
c. Fit those indications into existing situations - critical clues, security measures, attack,
defense, etc.
d. Basis for development for specific collection directive - designed to exploit to the fullest
the collection directive; guide doesn’t limit.
e. Selection of Collecting Agencies - criteria for selection - suitability, capability,
confirmation, timeliness and balance. Designation of particular time and place that the
required information is to be reported.

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Factors in choosing Collection Agent
In choosing collection agents, they must be selected according to their capability agent’s
placements or access to the target; multiplicity more agents; and balance the number of agents needed
per operation.
a. Methods of Collection- collection of information can be done through overt method
(open system) or covert method (secret/clandestine).
b. Collecting Agencies- depending on the type of operation, the collecting agency could
be Government Agencies, Intelligence units, or Organizations
c. Trade Crafts- includes the use of photography, investigations / elicitation /
interrogation, surveillance, sound equipment, surreptitious entry - keys and locks, use
of an artist, communication

PHASE 3 - Processing the Collected Information

This phase of the cycle is concerned with the examination and collation of all collected
information.

Steps in Processing Raw Information

1. Collection- organization of raw data and information into usable form; grouping similar items of
information so that they will be readily accessible.
2. Recording- is the reduction of info into writing or some other form of graphical representation
and the arranging or this info into writing or some form of graphical representation and the
arranging of this into groups of related items.
• Police log book and Journal
• Intel-work Sheet - Intel Files
• Situation Maps - Rouges Gallery
• Modus Operandi Files
3. Evaluation- examination of raw information to determine intelligence value, pertinence of the
information, reliability of the source and agency, and its credibility or truth of information.
Evaluation is the determination of the pertinence of the info to the operation, reliability of the
source of or agency and the accuracy of the info. Evaluation determines the following:
• Pertinence- does it hold some value to current operation? Is it needed immediately?
• Reliability- judging the source of info of agency
• Credibility- truth of info. Is it possible for the reported fact or event to have taken place?
Is the report consistent within itself? Is the report confirmed or corroborated by info from
different sources or agencies? If the report does not agree with info from other sources
which one is more likely to be true?

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The Evaluation Guide
ACCURACY OF RELIABILITY OF SOURCE OF
INFORMATION INFORMATION INFORMATION

1- CONFIRMED by A- COMPLETE T- Direct Observation by

other sources RELIABLE Comdr/Chf of Unit
2- PROBABLY TRUE B- USUALLY RELIABLE U- Report by DPA or
Resident Agent
3- POSSIBLY TRUE C- FAIRLY RELIABLE V- Report by PNP/AFP
Troops
4- DOUBTFULLY D- NOT USUALLY W- Interrogation of Captured
TRUE RELIABLE Enemy
5- IMPROBABLE E- UNRELIABLE X- Observation of
gov“t/civilian employee
6- TRUTH can not be F- REALIBILITY cannot Y/Z- Documentary
judged be judged

4. Interpretation- it is establishing the meaning and significance of the information. It involves the
following activities:
• Analysis- shifting and isolating those elements that have significance in light of the
mission or national objective.
• Integration- combining the elements isolated in analysis and known information to form
a logical picture or theory.
• Deduction- the formulation of conclusions from the theory developed, tested and
considered valid “ determination of effort and meaning of the information.

PHASE 4 - Dissemination and Use of Information

This phase of the cycle refers to the activities of transferring the processed information to the
proper users, most particularly the authority that requires the activity. Processed information can be
disseminated through annexes, estimates, briefing, message, reports, overlays, and or summaries.
The criteria that must be observed in dissemination are:
1. Timeless- must reach the users on time to be of value. It must be disseminated in accordance
with the urgency and must reach the user in sufficient time to be use.
2. Propriety- the message must be clear, concise and complete, as well as in the proper form for
the receiver to readily understand its contents. It must be disseminated to the correct user,
presented in a form that lends itself to immediate use and distributed by the most effective means
appropriate to both time and security requirements.

Methods of Dissemination
a) Fragmentary orders from top to bottom of the command
b) Memorandum, circulars, special orders
c) Operations order, oral or written
d) Conference “ staff members
e) Other report and intelligence documents
f) Personal Contact

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Who are the users of intelligence?
1. National leaders and military commanders- formulation of national policies.
2. Advisors and Staff- preparations of plans and estimates
3. Friendly nations or other branches of the armed forces.
4. Processor- basis for evaluation and interpretation.
5. Head / chairman of an organization
6. Any person with authority for purposes of planning.

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CHAPTER 5

ASPECTS OF SECURITY
1. PHYSICAL SECURITY
2. PERSONNEL SECURITY
3. DOCUMENT SECURITY

A. PHYSICAL SECURITY- Safeguarding by physical means

B. PERSONNEL SECURITY- Personnel Security includes all the security measures designed to
prevent unsuitable individuals or persons of doubtful loyalty to the government, from gaining
access to classified matter or to any security facility, and to prevent appointment, or retention
as employees of such individuals,
The Security “Chain”: Personnel Security is the “weakest link” in the security
“chain”.

What is Personnel Security Investigation (PSI)?

It is an inquiry into the character, reputation, discretion and loyalty of individual in order
to determine a person’s suitability to be given security clearance.

TYPES OF PERSONNEL SECURITYINVETIGATION (PSI)

• National Agency Check (NAC)
❖ types of National Agency Check (NAC)
a. National Bureau of Investigation (NBI) Clearance
b. PNP Directorate Intelligence (DI) Clearance
c. . Intelligence Service, AFP (ISAFP) Clearance

• Local Agency Check (LAC)

• Types of local Agency Check (LAC)
a. Barangay clearance
b. City of Municipal Clearance
c. Court Clearance

• Background Investigation (BI)

This is more comprehensive investigation than the NAC or the NAC and LAC. A through
and complete investigation of all or some of the circumstances or aspects of a person’s life is
conducted.
This type of personnel Security Investigation may either be a complete (CBI) or a Partial
Background Investigation (PBI).
1. Complete Background Investigation – Consist of the investigation of the background of a
person, particularly all the circumstances of his personal life.

2. Partial Background Investigation – Consist of the investigation of the background of an

individual but limited only to some of the circumstances of his personal life which are deemed
pertinent to the investigation. Normally, the request for the investigation will indicate the
specific personal circumstances to be covered. This type of BI is also used to further develop
questionable information contained in another investigation report.

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 C. DOCUMENT AND INFORMATION SECURITY

CLASSIFICATION OF DOCUMENTS
-Memorandum Circular No. 196, dated 07/19/1968 (Security of Classified Matter in
government offices.)
1. TOP SECRET (GREEN) – any information and material, the unauthorized disclosure of
which would cause exceptionally grave damage to the nation, politically, economically or
militarily;

2. SECRET (RED)- any information and material, the unauthorized disclosure of which would
endanger national security, cause serious injury to the interest or prestige of the nation or any
governmental activity.

3. CONFIDENTIAL (BLUE) – any information and materials, the unauthorized disclosure of

which would be prejudicial to the interest or prestige of the nation or governmental activity or
would cause administrative embarrassment or unwarranted injury.

4. RESTRICTED (BLACK) – any information and material which requires special protection
other than those determined to be Confidential, Secret, and Top-Secret matters.

CRYPTOGRAPHY- It is an art or science of making, devising, inventing, or protecting code and

ciphers.
It came from the Greek word “kryptos” which means secret and “graphos” which means
writing.
Steganography – deals with hidden or secret writing, relies on different ways to hide or disguise.
Codes – a set of letters, numbers, symbols and etc., that is used secretly to send messages. Used
more for economy than for secrecy.
Ciphers – a way of changing a message to keep it secret.
Encryption – is the process of translating plain text data into something that appears to be random
and meaningless.
Decryption – process of converting ciphertext back to plaintext.
Plaintext (clear text) – original communication to be scrambled or enciphered.
Cryptogram (cipher text) – product of the enciphering process.
Cryptanalysis – it refers to the science of breaking codes and ciphers
Cryptanalyst- an expert in deciphering coded messages without prior knowledge of the key.

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CHAPTER 6

CRIME SCENE INVESTIGATION

Crime scene investigation defined- Is a comprehensive inquiry of a crime by conducting

systematic procedure of various investigative methodologies which involves recovery of physical and
testimonial evidence for the purpose of identifying the witnesses, and arrest of perpetrator(s) for
prosecution.

When does CSI commence?

CSI shall technically commence upon the arrival of the FRs and conclude with the lifting of the
security cordon and release of the crime scene by the OIC;

Police station having jurisdiction must take action and investigation of the SC
DESK OFFICER upon receipt of complaint thru call/walk-in/online:
• Record reporting time
• Get identity of caller
• Place of incident
• Nature of incident
• Contact of client/victim
• Record a brief synopsis of the incident
• Contact first responder to secure the place of incident
• Inform investigator

FIRST RESPONDERS upon arrival at the CS:

• Proceed to CS validate the complaint
• Observe the SAC rule *Save life of the victim
*Arrest perpetrator
*Cordon the area
• Prepare to take the dying declaration
• Identify possible witness/es
• Account for the killed/wounded/arrested persons
• Conduct initial investigation
• Brief IOC upon arrival

INVESTIGATING TEAM
Composition: Team Leader
Investigator-recorder
Photographer
Evidence Custodian
Composite Illustrator/Artist
Upon arrival at the CS:
• Receive CS from the FR
• Establish Command Post in the immediate vicinity
• Perform CS recording/note taking
• CS Photograph
• CS Videography

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 • CS Sketch
If IOC feels the need for SOCO’s assistance, he should inform COP

SOCO TEAM
Composition: SOCO Team Leader
Photographer
Sketch Preparer
Evidence Custodian
• Narrative description of the crime scene
• Photography
• Videography
• Crime scene search
• Crime scene sketch
• Crime scene location search
• Physical evidence recording and collection
• Other procedure necessary

Upon termination by SOCO, TL brief the IOC on the initial result conduct the final crime scene
survey together with the IOC; SOCO Report and furnish the IOC of copies of the same before leaving
the crime scene.
The IOC shall decide on the lifting the security cordon and THE RELEASE OF THE CRIME
SCENE upon consultation with the SOCO Team Leader and he shall be responsible in ensuring that
all pieces of potential evidence were collected by SOCO team.

CSI vs. SOCO

CSI - Includes investigation and interview of witnesses
Arrest of the suspect
Scientific processing of crime scene
SOCO - Only limited to processing of the crime scene

PERSONS INVOLED IN CSI

1. DESK OFFICER
2. FIRST RESPOBDER
3. INVESTIGATOR ON CASE
4. CHIEF OF POLICE
5. SCENE OF THE CRIME OPERATION TEAM

CRIME SCENE INVESTIGATION PROPER

A. RECEIPT OF BRIEFING AND DESIGNATION OF COMMAND POST

Command Post- An area which, is ideally located adjacent to the crime scene where the CSI
Evidence Custodian stays and receives the pieces of evidence turned over to him for the
safekeeping by the other evidence collector.

B. INNITIATION OF PRELIMINARY SURVEY (TEAM LEADER OF SCI AND SOCO)

Makes a general assessment of the scene;
Takes a cautious walk- through of the crime scene;

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 Takes down extensive note to document important factors;
Establishes the evidence most likely to be encountered;
Defines the extent of the search area;
Determines the personnel and equipment needed and makes specific assignments; and
From his assessments, he develops a general theory of the crime scene.

C. PREPARATION OF NARRATIVE REPORT

The team leader uses the systematic approach in making a narrative report.

D. CRIME SCENE DOCUMENTATION

GOLDEN RULE AT CRIME SCENE INVESTIGATION

“Never touch, move, or alter any object at the crime scene unless it has been photographed,
measured, and sketched from any conceivable angle.”
MAC RULE
Do not:
M= Move or Mutilate
A=Alter
C= Change or Contaminate the crime scene.

CRIME SCENE DOCUMENTATION

1.PHOTOGRAPHING
2. SKETCHING
3. NOTE-TAKING

CRIME SCENE PHOTOGRAPHY

It is conducted to create an accurate, objective, visual and permanent record of the
crime scene before any item is moved or removed as possible physical evidence. It is
recommended to take as many photographs as you can be giving emphasis to possible physical
evidence.

Guidelines for taking photographs of a Crime Scene:

• Photograph should be taken as soon as possible, before note taking, sketching or a search
for evidence begins.
It must show the original, uncontaminated condition of the crime scene.
• Photograph of the crime scene only should be taken without spectators or police personnel
• It must form an organized sequence and show all relevant location & object.
• It must be taken from general to specific.

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THREE MAJOR TYPES OF PICTORIAL VIEWS
1. GENERAL VIEW or LONG-RANGE- Photograph of the over-all scene. It will depict the
location of the crime Distance: from doorway to the room and other corner of the room.

2. MID-RANGE VIEW- Shows the nature of 3. CLOSE-UP VIEW- Shows the details of the
Crime crime
Distance: 8 or 10 ft. from the victim Distance: 5 ft. or less from the subject/object

CRIME SCENE SKETCH

It is the graphic representation of the scene of the crime with complete measurements of the
relative distances of relevant object and conditions obtaining therein.

ELEMENTS OF SKETCH

a. Measurement d. Scale and proportion

b. Compass direction e. Legend
c. Essential items f. Title

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GENERAL KINDS OF SKETCH:
1. Rough Sketch
It is made by the investigator at the crime scene which is full of important details but
without scale of proportion.
Basis for the finished sketch
It is the first pencil-drawn outline of the scene and the location of objects and evidence within
its outline.
2. Finished Sketch
Is often drawn by a draftsman to show proper relationships and scales.
The finished sketch is more presentable for court room presentations.

SPECIFIC KINDS OF SKETCHES:

1. Sketch of Locality/Neighborhood Sketch- give picture of the scene, the crime and its
environs, including neighboring buildings, roads, etc.

2.Sketch of the Ground/Floor Plan/Overview- picture of the scene of the crime with its nearest
physical surrounding.

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 3.Sketch in Details – the immediate scene only.

4.Exploded/Cross Projection – gives the clear impression of the scene in cases where blood
stains or bullet holes are found.

TYPES OF MEASUREMENTS
1. Rectangular Method- this method uses two walls in a room as fixed points, from which
distances are measured at a right angle to the object.

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2. Triangulation Method- an object is located by drawing two straight lines from two fixed
points creating a triangle; the object is in an angle formed by the line. This sketching method
requires measuring the distance of an object along a straight line from two widely separated
fixed reference points.

3. Baseline Method– a sketching method that makes measurements along from a single
reference line, called a baseline, which can be established by using a length of string, chalk
line, or some other convenient means.

4. Compass Point Method– a sketching method that requires a protractor or some method of
measuring angles between two lines. One point is selected as the origin and a line
extending from the origin becomes an axis from which the angles can be measured.

5. Cross projection method – a sketching method in which the ceiling appears to open up
like a lid of a hinged box, with the four walls opening outward. Measurements are then
indicated from a point on the floor to the wall.

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 6. Azimuth/Polar Coordinates – this method requires two people; one hold each end of a tape
measure. This is best suited for large pen areas where there might not be any reference
points by using a handheld GPS (Global Positioning System).

METHOD OF SEARCH
a. Strip or Line Search Method – the searchers will proceed at the same pace along the path
parallel to one side of the rectangle.

b. Double Strip or Grid Method – is a combination of the strip search and is useful for large
crime scene.

c. Spiral or Circular Method – the searchers will follow each other in the path of a spiral,
beginning in the outside and spiraling towards the center or vice versa in a clockwise or
counter clock-wise direction.

d. Quadrant of Zone Method – the area to be searched is divided into four quadrants and each
searcher is assigned to one quadrant.
e. Wheel, Radial or Spoke Method – is applicable for area which is considered to be
approximately circular or oval. The area is then divided into six quadrants in a pie-like fashion.

E. NOTES TAKING
Note taking must be a constant activity throughout the processing of the crime scene.
Notes must include:
• Detailed written description of the Crime Scene with locations of recovered physical evidence;
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 • The time when the physical evidence was discovered;

• The person who discovered and collected the physical evidence;

• The time when evidence was packaged and marked; and

• The disposition of the item when it was collected.

F. COLLECTION OF PHYSICAL EVIDENCE

The competence to recognize and properly collect physical evidence is critical to both
solving and prosecuting crimes.
The team leader is always informed of significant evidence located. The evidence collectors
shall put his initial, location and date of collection on the item and turn it over to the evidence
custodian for documentation and safekeeping.

What are the procedures needed for the care of physical evidence?
In order to introduce physical evidence in court, three important factors must be considered:
1. The article must be properly identified
2. Chain of custody must be proved
3. The evidence must be material and relevant
4.

CHAIN OF CUSTODY- it is number of persons who handled and possessed the pieces of
evidence the moment they were collected, mark and tagged, up to the time of the final disposition of
the case.

G. CONDUCT OF FINAL SURVEY

The team leader makes a final review on the crime scene to determine whether or not
the processing has been completed.
H. RELEASE OF THE CRIME SCENE
The release of the crime scene is done if the investigator is satisfied that all pieces
of evidence have been recovered. Thus, the investigator must evaluate the items recovered
from the results of the interrogations of the suspect/s and the interview of the witnesses. He
must bear in mind that upon the formal release of the crime scene to the proper authority, the
warrant is already required for his re-entry to the crime scene.

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CHAPTER 7

ARREST (RULE 113)

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

Section 2. Arrest; how made. — An arrest is made by an actual restraint of a person to be arrested,
or by his submission to the 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
subject to a greater restraint than is necessary for his detention. (2a)

Section 3. Duty of arresting officer. — It shall be the duty of the officer executing the warrant to arrest
the accused and to deliver him to the nearest police station or jail without unnecessary delay. (3a)

Section 4. Execution of warrant. — 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 reasons therefor. (4a)

Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;(INFLAGRANTE DELICTO) (caught in the act)
(b) 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;
(HOT PURSUIT)
(c) 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. (ESCAPEE)

In cases falling under paragraph (a) and (b) 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. (5a)
Section 6. Time of making arrest. — An arrest may be made on any day and at any time of the day
or night. (6)

Section 7. Method of arrest by officer by virtue of warrant. — 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 of 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.
(7a)

Section 8. Method of arrest by officer without warrant. — 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 so to inform him,
or when the giving of such information will imperil the arrest. (8a)

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Section 9. Method of arrest by private person. — When making an arrest, a private person shall
inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the
latter is either engaged in the commission of an 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. (9a)

Section 10. Officer may summon assistance. — 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. (10a)

Section 11. Right of officer to break into building or enclosure. — 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. (11a)

Section 12. Right to break out from building or enclosure. —Whenever an officer has entered the
building or enclosure in accordance with the preceding section, he may break out therefrom when
necessary to liberate himself. (12a)

Section 13. Arrest after escape or rescue. — 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. (13)

Section 14. Right of attorney or relative to visit person arrested. — Any member of the Philippine Bar
shall, at the request of the person arrested or of another acting in his behalf, have the right to visit
and confer privately with such person in the jail or any other 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. (14a)

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CHAPTER 8

SEARCH AND SEIZURE (RULE 126)

Section 1. Search warrant defined. — A search warrant is an order in writing issued in the name
of the People of the Philippines, 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. (1)

Section 2. Court where application for search warrant shall be filed. — An application for search
warrant shall be filed with the following:

a. Any court 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 the 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.

Section 3. Personal property to be seized. — A search warrant may be issued for the search and
seizure of personal property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense. (2a)

Section 7. Right to break door or window to effect search. — 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 or liberate himself or any person lawfully aiding him when unlawfully detained therein. (6)

Section 8. Search of house, room, or premise to be made in presence of two witnesses. — No

search of a house, room, or any other premise 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. (7a)

Section 9. Time of making search. — 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. (8)

Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days from its
date. Thereafter it shall be void.

SEARCH AND SEIZURE WHEN VALID WITHOUT A WARRANT

WARRANTLESS SEARCH INCIDENTAL TO LAWFUL ARREST

This is recognized under Section 12, Rule 126 of the Rules of Court, and by prevailing
jurisprudence. In searches incident to a lawful arrest, the arrest must precede the search;
generally, the process cannot be reversed. Nevertheless, a search substantially contemporaneous
with an arrest can precede the arrest if the police have probable cause to make the arrest at the
outset of the search.
SEIZURE OF EVIDENCE IN “PLAIN VIEW”

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Under the plain view doctrine, objects falling in the plain view of an officer who has a right to be in the
position to have that view are subject to seizure and may be presented as evidence. The plain view
doctrine applies when the following requisites concur:

(1) law enforcement officers in search of evidence have a prior justification for an intrusion or are
in a position from which they can view a particular area;
(2) the discovery of the evidence in plain view is inadvertent; and
(3) it is immediately apparent to the officers that the item they observed may be evidence of a crime,
a contraband or is otherwise subject to seizure.

SEARCH OF A MOVING VEHICLE

A warrantless search of a moving vehicle is justified on the ground that it is not practicable to
secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in
which the warrant is sought.

CONSENTED WARRANTLESS SEARCH

It is fundamental that to constitute a waiver, it must first appear that (1) the right exists; (2) the
person involved had knowledge, either actual or constructive, of the existence of this right; and (3)
that person had an actual intention to relinquish the right.

CUSTOMS SEARCH
It has been traditionally understood that persons exercising police authority under the customs
law may affect search and seizure without a search warrant in the enforcement of customs laws.

STOP AND FRISK

A “stop and frisk” situation, also known as the Terry search, refers to a case in which a police
officer approaches a person who is acting suspiciously for the purpose of investigating possible
criminal behavior, in line with the general interest of effective crime prevention and detection.

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