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Cdi2 Lesson 2 8

The document discusses general principles and protocols for criminal investigation. It defines investigation and outlines six cardinal points to establish. It then describes ten protocols for investigation including jurisdictional investigation, official police blotter, investigation team organization, duties of the first responder, duties of the investigating team, investigation of suspects, taking of sworn statements, and preparation of reports and filing of charges.

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Cdi2 Lesson 2 8

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PHILIPPINE COLLEGE OF CRIMINOLOGY

College of Criminal Justice

Course Module for

SPECIALIZED CRIME INVESTIGATION 1 with LEGAL MEDICINE
(CDI 2)

WEEK 2
GENERAL PRINCIPLES OF INVESTIGATION

Intended Learning Outcomes (ILO):

At the end of the lesson, students should be able to:
1. Understand the General Principles of Investigation.
2. Recognize the importance of Criminal Investigation.

DEFINITION OF INVESTIGATION

Investigation is the collection of facts to accomplish a three-fold aim:

a. to identify the suspect;

b. to locate the suspect; and
c. to provide evidence of his guilt

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.

PROTOCOLS IN INVESTIGATION

Protocol 1: Jurisdictional Investigation by the Territorial Unit Concerned

The Police Station, which has territorial jurisdiction of the area where the crime incident was
committed, shall immediately undertake the necessary investigation and processing of the
crime scene unless otherwise directed by higher authorities for a certain case to be investigated
by other units/agencies.
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

Protocol 2: Official Police Blotter

a. A Police Blotter is an 18” x 12” logbook with a hard-bound cover that contains the
daily register of all crime incident reports, the official summary of arrests, and other
significant events reported in a police station.

b. Generally, all crime incidents must be recorded in the official police blotter.

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

confidentiality like violence against women and children and those cases involving a
child in conflict with the law to protect their privacy pursuant to R.A. 9262 (Anti-Violence
Against Women and Children Act of 2004) and R.A. 9344 (Juvenile Justice and Welfare
Act of 2006).

d. The duty police officer shall record the nature of the incident in the police blotter
containing the five “W”s (who, what, where, when, and why) and one “H” (how) of the
information and inform his superior officer or the duty officer regarding the occurrence of
such incident.

e. In answering the above 5 Ws and 1 H and the Case Disposition, all such material
details about the incident, including the nature of the action or offense; the Date, Time,
and Place of Occurrence; the names of the suspect/s, the victim/s, the witness/es, if
any; facts of the case; significant circumstances that aggravate or mitigate the event of
the crime should be entered along with the identity of the officer to whom the case is
assigned (Officer-on-case); and, the status of the case.

Protocol 3: Investigation Team: Organization and Equipment

a. All investigators in any police unit must be a graduate of a prescribed investigation

course with a rank of at least PO2 (a prerequisite to assignment).

b. Composition:
● Team Leader;
● Investigator/recorder;
● Photographer;
● Evidence custodian; and
● Composite Illustrator/Artist
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

c. Equipment of the investigator:

● Police line;
● Video camera;
● Voice recorder;
● Camera;
● Measuring device;
● Gloves;
● Flashlight;
● Fingerprint kit;
● Evidence bag;
● Evidence tag;
● Evidence bottles/vials; and
● Investigator’s tickler (contains the following)
o Investigator’s checklist
o Anatomical diagram form
o Evidence checklist
o Turn-over receipt

Protocol 4: Duties of the First Responder

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

b. Record the exact time of arrival and all pertinent data regarding the incident in his
issued pocket notebook and notify the TOC;

c. Cordon off the area and secure the crime scene with a police line or whatever
available
material like ropes, straws, or human as a barricade to preserve its integrity;

d. Check whether the situation still poses an imminent danger and call for backup if
necessary;

e. Identify possible witnesses and conduct a preliminary interview and ensure their
availability for the incoming investigator-on-case;

f. Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing, make
appropriate notification for dragnet operations;
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

g. Prepare to take the “Dying Declaration” of severely injured persons with the following
requisites:
1. That death is imminent and the declarant is conscious of that fact;
2. That the declaration refers to the cause and surrounding circumstances of
such death;
3. That the declaration relates to facts to which the victim is competent to
testify;
4. That the declaration is offered in a case wherein the declarant’s death is the
subject of the inquiry. (Section 37, Rule 130 of the Rules of Court).

h. Evacuate the wounded to the nearest hospital using emergency services;

1. Account for the killed, wounded, and arrested persons for proper disposition;
2. Conduct initial investigation; and
3. Brief the investigator-on-case upon arrival and turn over the crime scene.
4. Conduct inventory on the evidence taken at the crime scene; inventory
receipt should be properly signed by the first responder, SOCO, and the
investigator.

Protocol 5: Duties and Responsibilities of the Investigating Team

a. Take full control of the crime scene to include the conduct of crime scene search;
taking of photographs; making sketches; lifting of fingerprints; markings of physical
evidence; (Chain of custody) the transmittal of evidence to crime laboratory; interview
of witnesses; gathering and evaluation of evidence; follow-up of the case and the
documentation and filing of appropriate charges in court;

b. Establish a command post in the immediate vicinity of the crime scene;

c. Designate a holding area in the immediate vicinity of the crime scene (for the media,
VIPs, and other personalities present);

d. Conduct case conference with the first responder, SOCO, other law enforcers, and
rescue personnel;

e. Note any secondary crime scene (if the situation requires); and

f. Release the crime scene after investigation.

PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

Protocol 6: Investigation of Suspects

a. Procedures when an arrest is made:

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

b. Booking procedures of the Arrested Person/Suspect

1. The arrested suspect shall be fingerprinted, photographed, and subjected to
medical examination to include liquor and drug tests.
2. Conduct record check.

Protocol 7: Taking of Sworn Statements of Suspects

The execution of a suspect’s “WAIVER” as stipulated in Art. 125 of the RPC shall always be done
in the presence of his chosen counsel or any independent counsel.
Protocol 8: Taking of Sworn Statement/s of the Witnesses

a. Sworn Statement or Affidavit of complainant/s and witness/es must be taken

immediately by the investigator-on-case.

b. Affidavit of Arrest of arresting officers must be taken immediately not later than 24
hours.

c. In Inquest cases, the investigator-on-case and the arresting officer/s shall observe Art.
125 of the RPC.

Protocol 9: Preparation of Reports and Filing of Charges

The Investigator-On-Case shall submit the following:

a. Spot Report within 24 hrs to HHQ;
b. Progress Report;
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

c. After Operation Report;

d. Final Report after the case is filed before the prosecutor’s office/court; and
e. Accomplishment Report

Protocol 10: Procedure in the Release of Crime Scene

a. Ensure that appropriate inventory has been made;

b. The release is accomplished only after completion of the final survey and proper
documentation of evidence, witness/es, victim/s and suspect/s; and

c. If the crime scene is within a private property, the same must be released to the
lawful owner witnessed by any barangay official. In the case of a government facility, it
should be released to the administrator.

Protocol 11: Follow-up of Case

The investigator shall conduct police operations to identify and apprehend suspect/s based on
the results of the initial investigation conducted.

Protocol 12: Preparation of Case Investigation Plan (CIPLAN)

The conduct of police operations involving sensational cases, high profile, and heinous crimes
must be covered by the Case Investigation Plan.
Protocol 13: Attendance to Court Duties

The investigator-on-case and arresting officers shall endeavor to ensure their attendance during
court hearings while COPs/Heads of Units shall supervise and ensure the attendance of
witness/es.

Protocol 14: Uniform of the Investigator

Prescribed uniforms should be worn by investigators when conducting investigations to identify

them as PNP personnel.
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

TOOLS OF AN INVESTIGATOR IN GATHERING FACTS

a. Information – data gathered by an investigator from other persons including the

victim himself and
i. Public records;
ii. Private records; and
iii. Modus Operandi file

b. Interview – skillful questioning of witnesses and suspects

c. Instrumentation – scientific examination of real evidence, application of the

instrument,
and methods of the physical sciences in detecting crime

PHASES OF INVESTIGATIONS

The main objective of a police investigator is to gather all facts to

Phase I. Identify the suspect/s through

(1) confession;
(2) eyewitness testimony,
(3) circumstantial evidence; and
(4) associate evidence;

Phase II. Locate and apprehend suspect/s; and

Phase III. Gather and provide evidence to establish the guilt of the accused.

In proving the guilt of the accused in court, the fact of the existence of the crime must be
established; the accused must be identified and associated with the crime scene; competent
and credible witnesses must be available, and the physical evidence must be appropriately
identified.
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

STANDARD METHODS OF RECORDING INVESTIGATIVE DATA

a. Photographs;
b. Sketching crime scenes;
c. Written notes (what you have seen or observed);
d. Developing and lifting fingerprints found at the crime scene;
e. Gathering physical evidence;
f. Plaster cast;
g. The tape recording of sounds;
h. Videotape recording of objects; and
i. Written statement of subjects and witnesses

CRIME SCENE PROCESSING

The Crime Scene Search

Processing and Securing a Crime Scene – Processing a crime scene includes the application of
diligent and careful methods by an investigatorS/policemen to recognize, identify, preserve and
collect facts and items of evidentiary value that may assist in reconstructing that which
occurred. The crime scene is the area surrounding the place where the crime occurred. The
processing of the area at the scene includes all direct traces of the crime. This is also determined
by the type of crime committed and the place where the act occurred.

Protecting the Crime Scene and the Evidence – Successful crime scene processing depends
upon the policeman’s or investigator’s skill in recognizing and collecting facts and items of value
as evidence, and upon his ability to protect, preserve, and later, to present these logically. This
requires making careful and detailed notes and sketches; written statements and transcribing
verbal statements of witnesses, suspects, and marking and preservation of collected physical
objects of evidentiary nature.

Laboratory examination of objects and substances is located usually at the crime scene.
Objects and substances needing examination in some cases are carried, intentionally or
unintentionally, by suspects from the crime scene.
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

INVESTIGATOR’S NOTEBOOK

Purpose: Considering the mass of details and the number of cases which in some instances an
investigator is handling, it is possible that he might forget some details. Many of the details
associated with the investigation, while not essential to the report, might become points of
interest to the court when the case is brought to trial. Experienced investigators employ a
notebook to record the relevant details of the case. During the trial, the court allows
investigators to consult their notes to refresh their memory.

Recording Note: The data of the investigation should be recorded in a complete, accurate, and
legible fashion so that in the event another investigator is required to assume responsibility for the
investigation, he can make intelligent use of the notebook.

COMMON INVESTIGATION OVERSIGHTS

Incomplete Case Folder – lack of material documentation of the case under investigation

Recommended Remedies – include the police reports in chronological order such as

police blotter, spot, progress, and final investigation report. Also, append the scene of
crime operation reports, forensic reports, and photographs. Further, if possible, attach the
profile of victim/s and suspect/s as well as the status of the party involved and the case.

No template for the Conduct of Investigation – police personnel is not knowledgeable about
crime scene preservation and basic investigation

Recommended Remedies – every police personnel should mandatorily undergo

investigation training giving priority to those in the field units

Inadequacy of Coordination – the SOCO, investigators, prosecutors, and other concerned

agencies work separately and independently in the conduct of their investigation

Recommended Remedies - case conferences should be encouraged at the start of the

investigation. The conferences should be attended by the SOCO, investigators,
prosecutors, IBP lawyers, and other concerned agencies in order to ensure coordinated
actions in the preparation of an airtight case folder
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

Failure to Prosecute – pertains to the absence of a police investigator during the trial to act as
prosecutor’s witness due to retirement and transfer of concerned investigator

Recommended Remedies – proper turn-over of case folders handled by investigators

who shall retire or be transferred as requisite before the issuance of office clearance.

Chain of Custody – non-observance of proper documentation in the turn-over of evidence from

one officer to another or one office to another

Recommended Remedies – documentation on the turn–over of evidence with an actual

receipt should be observed and non-observance should be the basis for administrative
sanctions

Less Appreciation of Electronic Evidence – police investigators take for granted the electronic
devices such as cellphones, computers, and other electronic devices can be processed to give
investigative leads

Recommended Remedies – proper training on the preservation and processing of

electronic devices should be prioritized for all investigators in the field
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

WORKSHEET No. 1

Name:______ Date Submitted: _

Professor:_______________________ Score: _

Your Task: After answering all the worksheets for the week, detach them from the workbook, put
them inside an envelope, and drop them off at the designated dropbox at the PCCR campus.

Direction: Provide the answers to the following questions

1. Give at least five (5) PROTOCOLS OF INVESTIGATION:

a. _________________________________________________________________________________

_________________________________________________________________________________

b. __________________________________________________________________________________

__________________________________________________________________________________

c. __________________________________________________________________________________

__________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________

__________________________________________________________________________________

e. __________________________________________________________________________________
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

__________________________________________________________________________________

2. Explain at least five (5) PROTOCOLS OF INVESTIGATION.

a. __________________________________________________________________________________

__________________________________________________________________________________

b. __________________________________________________________________________________

______________________________________________________________________________________

_____________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________

c. _________________________________________________________________________________

_________________________________________________________________________________

__________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

__________________________________________________________________________________

e. __________________________________________________________________________________

__________________________________________________________________________________

3. Give and Explain the PHASES OF INVESTIGATIONS.

_____________________________________________________________________________________________

_____________________________________________________________________________________________
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

_____________________________________________________________________________________________

_________________________________________

_____________________________________________________________________________________________

_________________________________________________________________________

4. Explain the Crime Scene Search.

_____________________________________________________________________________________________

_____________________________________________________________________________________________
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

_____________________________________________________________________________________________

_________________________________________

_____________________________________________________________________________________________

_________________________________________________________________________

5. What is the purpose of INVESTIGATOR’S NOTEBOOK?

_____________________________________________________________________________________________

_____________________________________________________________________________________________
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

_____________________________________________________________________________________________

_________________________________________

_____________________________________________________________________________________________

_________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________

HONESTY CONTRACT

I, ____________________________________________________________, do hereby certify that I

answered the questions and accomplished the indicated task by myself honestly and to the
best of my knowledge and capability.

________________________________________ __________________________________
(Signature over printed name) (Date signed)
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

WEEK 2
GENERAL INVESTIGATIVE PROCEDURES

Intended Learning Outcomes (ILO):

At the end of the lesson, students should be able to:
1. Know the general investigative procedures.

This investigative procedure is designed to adapt to the current trends in the modern
investigation, in line with the PNP Integrated Transformation Program which seeks to improve and
integrate the different manuals used by the PNP to serve as guides in all aspects of the police
investigation.

It also aims to come up with a definite investigative procedure on specific cases from the time
the incident happened, until the case is filed, which will be adopted by the PNP investigators in
pursuing their mandated tasks.

PROCEDURES

Upon receipt of call/walk-in complainants

Duty Desk Officer shall:

a. Record the time it was reported;

b. Get the identity of the caller/complainant;

c. Get the place of the incident;

d. Get the nature of the incident;

e. Get the number of victim/s;

f. Record a brief synopsis of the incident;

PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

g. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as
the first responder equipped with “police line” to secure the place of the incident a
camera; and

h. Inform the duty investigator (preferably one team of investigators).

At the crime scene,

The First Responder shall perform his/her duty as stated in Protocol No.4.

In addition, check the condition of the victim while the other members of the first responders
shall simultaneously secure the area by putting a police line or any material (like rope, straw,
etc).

If in serious condition
1. Bring the victim immediately to the nearest hospital using emergency
services;
2. Photograph and make a sketch of the victim (if the victim is dead);
3. Get the dying declaration; if necessary (ask 3 questions)
o Ano ang pangalan at address mo?
o Kilala mo ba ang gumawa nito sa iyo?
o Sa pakiramdam mo ba ay ikamamatay mo ang tinamo mong sugat?

However, if there is still a chance to ask more questions, then follow-up should be done.
The statement, once reduced into writing, shall be duly signed by or with the thumb mark
of the victim.

if not in serious condition

1. Bring the victim immediately to the nearest hospital using emergency
services;
2. Get the identity and other data of the victim;
3. Get an initial interview from the victim
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

Note: The other member/s of the first responders shall remain at the crime scene to
secure the premises.

If the suspect is arrested at the scene

1. Get the names of the persons who turned over or arrested the suspect.

2. Isolate the arrested suspect/s and separate them from any probable witness of the
incident.

3. Record what time the suspect was arrested.

4. Wait for the investigator to interview the suspect.

5. If the suspect volunteers any statement, take note of the time, location, and
circumstances of the statements.

Investigation Procedure at the Crime Scene

Upon arrival at the crime scene

1. Receive the crime scene from the first responder.

2. Record time/date of arrival at the crime scene, location of the scene, condition of the
weather, condition, and type of lighting, the direction of the wind, and visibility.

3. Photograph and/or video the entire crime scene.

4. Before entering the crime scene, all investigators must put on surgical gloves.

5. Before touching or moving any object at the crime scene in a homicide or murder case,
determine first the status of the victim, whether he is still alive or already dead. If the
victim is alive, the investigator should exert effort to gather information from the victim
himself regarding the circumstances of the crime, while a member of the team or
someone must call an ambulance from the nearest hospital. Before removing the victim,
mark, sketch and photograph his/her relative position. Only a coroner or a medical
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

examiner shall remove the dead body unless unusual circumstances justify its immediate
removal.

6. Designate a member of the team or ask other policemen or responsible persons to stand
watch and secure the scene, and permit only authorized persons to enter the same.

7. Identify and retain for questioning the person who first notified the police and other
possible witnesses.

8. Determine the assailant through inquiry or observe him if his identity is immediately
apparent. Arrest him if he is still in the vicinity.

9. Separate witnesses in order to get independent statements.

Recording

The investigator begins the process of recording pertinent facts and details of the investigation
the moment he arrives at the crime scene. (He should record the time when he was initially
notified prior to his arrival). He also writes down the identification of persons involved and what
he initially saw. He also draws a basic sketch of the crime scene and takes the initial
photograph (if a photographer is available, avail his services). This is to ensure that an image of
the crime scene is recorded before any occurrence that disturbs the scene. As a rule, do not
touch, alter or remove anything at the crime scene until the evidence has been processed
through notes, sketches, and photographs, with proper measurements.

Searching for Evidence

1. Each crime is different, according to the physical nature of the scene and the crime or
offense involved. Consequently, the scene is processed in accordance with the
prevailing physical characteristics of the scene and with the need to develop essential
evidentiary facts peculiar to the offense. A general survey of the scene is always made,
however, to note the locations of obvious traces of action, the probable entry and exit
points used by the offender(s), and the size and shape of the area involved.

2. In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

(In the interest of uniformity, it is recommended that the clockwise movement be used.)
The investigator examines each item encountered on the floor, walls, and ceiling to
locate anything that may be of evidentiary value.

3. You should give particular attention to fragile evidence that may be destroyed or
contaminated if it is not collected when discovered.

4. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise.

5. Ensure that the item or area where latent fingerprints may be present is closely examined
and that action is taken to develop the prints.

6. Carefully protect any impression of evidentiary value in surfaces conducive to making

casts or molds. If possible, photograph the impression and make a cast or mold.

7. Note stains, spots, and pools of liquid within the scene and treat them as evidence.

8. Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to the
area in which they are found; for example, matter found under the victim’s fingerprints.

9. Proceed systematically and uninterruptedly to the conclusion of the processing of the

scene. The search for evidence is initially completed when, after a thorough examination
of the scene, the rough sketch, necessary photograph, and investigative notes have
been completed and the investigator has returned to the point from which the search
began.

10. A further search may be necessary after the evidence and the statements obtained
have been evaluated.

11. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet
wide. The policeman may first search the strip on his left as he faces the scene and then
the adjoining strips.

12. It may be advisable to make a search beyond the area considered to be the immediate
scene of the incident or crime. For example, evidence may indicate that a weapon or
tool used in the crime was discarded or hidden by the offender somewhere within a
square-mile area near the scene.
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

13. After completing the search of the scene, the investigator examines the object or person
actually attacked by the offender. For example, a ripped safe, a desk drawer that has
been pried open, or a room from which items have been stolen, would be processed
after the remainder of the scene has been examined for traces of the offender.

14. In a homicide case, the position of the victim should be outlined with chalk or any other
suitable material before the body is removed from the scene. If the victim has been
pronounced dead by a doctor or is obviously dead, it is usually advisable to examine the
body, the clothing and the area under the body after the remainder of the scene has
been searched. This is to enable the policeman/investigator to evaluate all objects of
special interest in the light of all other evidence found at the scene.

Collection of Evidence

This is accomplished after the search is completed, the rough sketch finished and photographs
were taken. Fragile evidence should be collected as it is found. All firearms (FAs) found to have
tampered serial numbers (SNs) shall be automatically subjected to macro etching at the
Philippine National Police Crime Laboratory (PNP-CL). A corresponding request to the Firearms
and Explosive Office (FEO) must be made for verification purposes.

The investigator places his initials, the date, and the time of discovery on each item of evidence
for proper identification. Items that could not be marked should be placed in a suitable
container and sealed.

Markings of Evidence

Any physical evidence obtained must be marked or tagged before its submission to the
evidence custodian.

These are information to ensure that the items can be identified by the collector at any time in
the future. This precaution will help immensely to establish the credibility of the collector’s report
or testimony and will effectively avoid any suggestions that the item has been misidentified.

Markings on the specimen must at least contain the following:

1. Exhibit Case Number
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

2. Initials and or signature of the collecting officer.

3. Time and date of collection.

NOTE: It is also important to note the place or location where the evidence was collected.
Evaluation of Evidence

Each item of evidence must be evaluated in relation to all the evidence, individually, and
collectively. If necessary, these pieces of evidence must be subjected to crime laboratory
examination. Example: firearms for ballistic examination, hair strands, etc.

Preservation of Evidence

It is the investigator’s responsibility to ensure that every precaution is exercised to preserve

physical evidence in the state in which it was recovered/obtained until it is released to the
evidence custodian.

Releasing of Evidence

All collected evidence can only be released upon order of the court or prosecutor as the case
may be.

Chain of Custody

A list of all persons who came into possession of an item of evidence, continuity of possession, or
the chain of custody, must be established whenever evidence is presented in court as an
exhibit. Adherence to standard procedures in recording the location of evidence, marking it for
identification, and properly completing evidence submission forms for laboratory analysis are
critical to the chain of custody. Every person who handled or examined the evidence and
where it is at all times must be accounted for.

As a rule, all seized evidence must be in the custody of the evidence custodian and deposited
in the evidence room or designated place for safekeeping.
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

Transmittal of Evidence to Crime Laboratory

Proper handling of physical evidence is necessary to obtain the maximum possible information
upon which scientific examination shall be based, and to prevent exclusion as evidence in
court. Specimens that truly represent the material found at the scene, unaltered, unspoiled, or
otherwise unchanged in handling will provide more and better information upon examination.
Legal requirements make it necessary to account for all physical pieces of evidence from the
time it is collected until it is presented in court. With these in mind, the following principles should
be observed in handling all types of evidence:

1. The evidence should reach the laboratory in the same condition as when it was
found as much as possible.

2. The number of specimens should be adequate. Even with the best equipment
available, good results cannot be obtained from insufficient specimens.

3. Submit a known or standard specimen for comparison purposes.

4. Keep each specimen separate from others so there will be no intermingling or mixing
of known and unknown material. Wrap and seal in individual packages when necessary.

5. Mark or label each piece of evidence for positive identification as the evidence
taken from a particular location in connection with the crime under investigation.

6. The chain of custody of evidence must be maintained. Account for evidence from
the time it is collected until it is produced in court. Any break in this chain of custody may
make the material inadmissible as evidence in court.

Methods of Crime Scene Search

Strip Search Method

In this method, the area is blocked out in the form of a rectangle. The three (3) Searchers A, B,
and C proceed slowly at the same pace along paths parallel to one side of the rectangle.
When a piece of evidence is found, the finder announces his discovery and the search must
stop until the evidence has been cared for. A photographer is called, if necessary. The evidence
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

is collected and tagged and the search proceeds at a given signal. At the end of the rectangle,
the searchers turn and proceed along new lanes as shown in the above illustration.

Double Strip Search Method

The double strip or grid method of search is a modification of the Strip Search Method. Here, the
rectangle is traversed first parallel to the base then parallel to the side.

Spiral Search Method

In this method, the three searchers follow each other along the path of a spiral: beginning on
the outside and spiraling in toward the center.

Zone Search Method

In this method, one searcher is assigned to each subdivision of a quadrant, and then each
quadrant is cut into another set of quadrants.

Wheel Search Method

In this method of search, the area is considered to be approximately circular. The searchers
gather at the center and proceed outward along radii or spokes. The procedure should be
repeated several times depending on the size of the circle and the number of searchers. One
shortcoming of this method is the great increase in the area to be observed as the searcher
departs from the center.

Procedures in taking photographs

Overall photos of the scene are taken to show the approach to the area, street signs, and street
light locations in relation to the actual scene, street addresses, and identifying objects at the
scene. Pictures should also be taken of every room in the house, even if their relationship to the
crime scene is not readily apparent.

Photograph the scene in a clockwise pattern before altering the body's position or any other
evidence within the scene. Photograph the scene from at least 2 opposite corners, but from all
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College of Criminal Justice

four corners it is even better. This way, nothing is missed or hidden from view by intervening
objects.

Photograph the body and the immediate vicinity around the body. If you have a camera
boom, take pictures from the ceiling height down of the victim and any other evidence. This
perspective often shows things missed when viewed from the ground or eye level.

Keep a photo log.

Procedures on making a sketch

To establish admissibility, the investigator must have a personal observation of the data in
question. In other words, the sketch must be sponsored or verified.

REMINDER: Sketches are not a substitute for notes or photos; they are but a supplement to them.

● Types of sketches:
❏ Floor plan or “bird’s-eye view”;
❏ Elevation drawing;
❏ Exploded view; and,
❏ Respective drawings

● Write down all measurements.

● Fill in all the details on your rough sketch at the scene. The final sketch may be prepared
at the office.

● Keep the rough sketch even when you have completed the final sketch.

● Indicate the North direction with an arrow.

● Draw the final sketch to scale.

● Indicate the PLACE in the sketch as well as the person who drew it. Use KEY- capital
letters of the alphabet for listing down more or less normal parts or accessories of the
place, and numbers for items of evidence.
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● Indicate the position, location, and relationship of objects.

● Methods or systems of locating points (objects) on the sketch:

❏ Rectangular coordinates. (Measurements at right angles from each of two
walls).
❏ Coordinates constructed on transecting baseline. Choose relatively fixed
points for your baseline.
❏ Triangulation. (Measurements made from each of two fixed objects to the
point you want to plot or locate so as to form an imaginary triangle. A sketch will
show as many imaginary triangles as there are objects plotted).

● Critical measurements, such as skid marks, should be checked by two (2) investigators.

● Measurements should be harmony or in centimeters, inches, yards, meters, mixed in one

sketch.

● Use standard symbols in the sketch.

● Show which way the doors swing.

● Show with an arrow the direction of stairways.

● Recheck the sketch for clarity, accuracy, scale, title, and key.

Procedures on lifting fingerprints

Dusting for Latent Fingerprints

● Pour a small amount of powder into a piece of paper or a shallow bowl.

● Touch the tip of the brush to the powder being careful not to pick up too much.

● Apply the powder to the surface gently using short strokes.

● When a print begins to appear, begin making the brush strokes to conform to the
pattern of the ridges.
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Lifting of Latent Fingerprints

● Pull off approximately 3 inches of tape from the roll.

● Begin pressing the tape from the leading edge with a back and forth motion of a
finger.

● Continue pressing the tape an inch or more past the latent.

● To make the lift, use a steady, even pull.

● Once the tape is pulled beyond the latent print and the print is lifted, stop so that
the leading edge is still in contact with the surface.

● The print should be mounted on some form of backing material

Taking Plain Impressions

● DO NOT ROLL the fingers when inking or taking the impression.

● Use the same position as when rolling the fingers.

● Ink the right thumb by pressing it straight down onto the ink surface (do not roll).

● Ink the remaining four fingers simultaneously by pressing them onto the ink
surface.

● Repeat the same procedure with the left hand.

SOCO Assistance

In cases where the crime scene needs special processing due to its significance or because of its
sensational nature, the Scene of the Crime Operation (SOCO) specialists of the Crime
Laboratory shall be requested.
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If the situation involves a clandestine drug laboratory, biological weapons, radiological or

chemical threats, the appropriate agency should be contacted prior to entering the scene.

Significant Cases:
● Bombing Incident
● Initiated terrorist activities
● Raids, ambuscade, liquidation
● KFR case
● Armed Robbery of Banks and other
● Financial institution
● Calamity/Disaster
● Massacre
● Heinous crimes (as defined by law)
● Murder, Homicide, Arson, Rape with Homicide

Sensational Cases:
● Elected Public Officials (Brgy Captain up to President of the RP)
● Appointed public officials with the rank of commissioner, secretary, and
undersecretary
● Foreign diplomat
● Any foreigner
● PNP/AFP personnel
● Former high-ranking government officials
● Other prominent figures such as movie stars, sports stars, tri-media practitioners,
prominent businessmen, professionals, and prominent leaders of religious
organizations.

Release of Crime Scene

Ensure that appropriate inventory has been provided.

● Release the scene with the notion that there is only one chance to perform the job
correctly and completely.
● Release is accomplished only after the completion of the final survey and proper
documentation.
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WORKSHEET No. 2

Name: ________________ Date Submitted: _

Professor:____ Score:

Your Task: After answering all the worksheets for the week, detach them from the workbook, put
them inside an envelope, and drop them off at the designated dropbox at the PCCR campus.

Direction: Provide the answers to the following questions

1. Give the eight (8) duties of a Desk Officer.

a. __________________________________________________________________________________

__________________________________________________________________________________

b. __________________________________________________________________________________

__________________________________________________________________________________

c. __________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________
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College of Criminal Justice

e. __________________________________________________________________________________

__________________________________________________________________________________

f. __________________________________________________________________________________

__________________________________________________________________________________

g. __________________________________________________________________________________

__________________________________________________________________________________

h. __________________________________________________________________________________

__________________________________________________________________________________

2. Markings on the specimen must at least contain..?

_________________________________________________________________________________________

3. What is the importance of SOCO Assistance?

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College of Criminal Justice

_____________________________________________________________________________________________

_________________________________________________________________

_________________________________________________________________________________________

4. Explain the Chain of Custody.

_____________________________________________________________________________________________

_________________________________________________________

_________________________________________________________________________________________
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College of Criminal Justice

5. Give the Types of Sketches.

a. __________________________________________________________________________________

b. __________________________________________________________________________________

c. __________________________________________________________________________________

d. __________________________________________________________________________________

HONESTY CONTRACT

I, ____________________________________________________________, do hereby certify that I

answered the questions and accomplished the indicated task by myself honestly and to the
best of my knowledge and capability.

________________________________________ __________________________________
(Signature over printed name) (Date signed)
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

WEEK 4
INVESTIGATION OF CRIMES PUNISHABLE UNDER THE REVISED PENAL
CODE AND CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Intended Learning Outcomes (ILO):

At the end of the lesson, students should be able to:
1. Discuss the Investigation of Crimes Punishable under the Revised Penal Code.
2. Discuss the Crimes Against Persons.

ARBITRARY DETENTION

What law punishes the crime of Arbitrary Detention?

● Revised Penal Code Article 124

What are the elements of the Crime of Arbitrary Detention?

● The offender is a public officer or any private person conspiring with a public officer.
● The person arrested is without warrant of arrest and/or without legal cause or justified
cause.
● The detention of an arrested person exceeds the reglementary period for filing the
charges in court depending on its gravity.
● Other analogous acts

NOTE: Warrantless arrest by Police Officer is justified under these circumstances:

● When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
● When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it; and
● 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.

What is the evidence needed to file a crime of Arbitrary Detention?

● Testimonial Evidence - affidavit of complainant and witnesses
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● Documentary Evidence - medical records of the detained person if physically

abused, police blotter, and other pertinent documents
● Other relevant evidence
RA 7438 – RIGHTS OF THE PERSON UNDER CUSTODIAL INVESTIGATION

Violations under RA 7438:

Any arresting public officer or an employee or any investigating officer, who fails to
inform any person arrested, detained, or under custodial investigation of his rights to
remain and to have competent and independent counsel preferably of his own choice;
and

Any person who obstructs, prevents, or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister or by his counsel, from visiting and conferring
privately chosen by him or by any member of his immediate family with him, or from
examining and treating him or from ministering to his spiritual needs.

DELAYING RELEASE

What law punishes the crime of Delaying Release?

● Revised Penal Code Article 126

What are the elements of Delaying Release?

● The offenders are wardens and jailers.
● There is an order from the court or prosecutor to release the detained person.
● The wardens refused or delayed the lawful release of the detained person.
● Other analogous acts

What is the evidence needed to file a crime of Delaying Release?

● Testimonial Evidence – affidavit of complainant and witnesses
● Documentary Evidence - order of release, a record of release, and other pertinent
documents
● Other relevant evidence
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VIOLATION OF DOMICILE

What law punishes the crime of Violation of Domicile?

● Revised Penal Code Article 128

What are the elements of Violation of Domicile?

● The offender is a public officer who entered a dwelling.
● The act of entering is against the will of the owner thereof or the offender refused to
leave the premises after having surreptitiously entered the said dwelling and been told to
leave the same.
● The purpose of entering the dwelling is to conduct a search for papers and other
effects found therein.
● The offender is not armed with a search warrant or the search is against the will of the
owner.
● Other analogous acts

What is the evidence needed to file a crime of Violation of Domicile?

● Testimonial Evidence – affidavit of complainant and witnesses
● Documentary Evidence - inventory of papers and other effects taken from the
owner, pictures of any physical damage in the dwelling as evidence of resistance on the
part of the owner, if there is any
● Object Evidence – confiscated papers and effects
● Other relevant evidence

SEARCH WARRANT MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY
OBTAINED

What law punishes the crime of Search Warrant Maliciously Obtained and Abuse in the Service
of those Legally Obtained?
● Revised Penal Code Article 129

What are the elements of Search Warrant Maliciously Obtained and Abuse in the Service of
those Legally Obtained?
● There is a search warrant whether valid or maliciously obtained. The act of procuring
a search warrant without cause or serving a search warrant is with abuse of authority.
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● The evidence obtained is not in accordance with the description stated in the search
warrant.
● Other analogous acts

NOTES: Requisites for a valid search warrant:

● There must be probable cause.
● Probable cause must be determined personally by the judge.
● The determination must be based on the examination, under oath or affirmation of
the complainant and witness, may be produced.
● It must particularly describe the place to be searched and the person or thing to be
seized.

The warrant may have been lawfully procured, but if rules on its implementation are not
observed, any object seized in connection therewith is inadmissible for being “poisonous fruit of
a poisonous tree.”

When can a search be made without a search warrant?

● There is a valid waiver
● Stop and search
● Customs searches
● Plain view
● Moving vehicles
● Search incident to a lawful arrest

What is the evidence needed to file a crime of Search Warrant Maliciously Obtained and Abuse
in the Service of those Legally Obtained?
● Testimonial evidence – affidavit of complainant and witnesses
● Documentary Evidence - search warrant obtained; inventory of items seized in the
service of such search warrant
● Object Evidence – items seized
● Other relevant evidence
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College of Criminal Justice

CRIME AGAINST PERSONS

PARRICIDE

What law punishes the crime of Parricide?

● Revised Penal Code Article 248

What are the elements of Parricide?

● The offender killed his father, mother, child (legitimate or illegitimate), legitimate other
ascendant or descendant, and legitimate spouse.
● The parent or child killed need not be legitimate, but the spouse and other
ascendant or descendant must be legitimate.
● The killing is intentional.
● Other analogous acts

What is the evidence needed to file a crime of Parricide?

● Testimonial Evidence – affidavit of complainant and witnesses
● Documentary Evidence – photographs, videos, police reports, and other documents
● Object Evidence – a weapon used and autopsy of slain victims
● Other relevant evidence

DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCE

What law punishes the crime of Death or Physical Injuries under Exceptional Circumstance?
● Revised Penal Code Article 245

What are the elements of Death or Physical Injuries under Exceptional Circumstances?
● The offender is either:
a) a legally married person (wife or husband); or
b) a parent.
● The victim was surprised by:
a) his/her spouse; or
b) his/her daughter who is under 18 years of age and living with him/her, in the
act of committing sexual intercourse with another person, as the case may be.
● The offender kills or inflicts serious physical injuries upon any or both of them.
● The offender must catch the culprits in the act of sexual intercourse.
● Other analogous acts
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What is the evidence needed to file a crime of Death of Physical Injuries under Exceptional
Circumstance?
● Testimonial Evidence – affidavit of complainant and witnesses
● Documentary Evidence – photographs, videos, police reports, and other documents.
● Object Evidence – a weapon used
● Other relevant evidence

MURDER

What law punishes the crime of Murder?

● Revised Penal Code Article 248

What are the elements of Murder?

● Murder is the unlawful killing of any person not constitutive of parricide or infanticide.
● The act of killing is qualified by the following circumstances:
❏ Treachery (alevosia) taking advantage of superior strength, with the aid of
armed men, or employing means to weaken the defense to ensure impunity.
❏ In consideration of a price, reward, or promise
❏ By means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel,
derailment or assault upon a railroad, fall of an airship, by means of vehicles, or
with the use of any other means involving great waste or ruin.
❏ On the occasion of any of the calamities enumerated in the preceding
paragraph or of an earthquake, an eruption of a volcano, or any other public
calamity.
❏ With evident premeditation
❏ With cruelty by deliberately and inhumanly augmenting the suffering of the
victim or outraging or scoffing at his person or corpse (as amended by RA 7659).
● These qualifying circumstances must be alleged in the information otherwise, they
could not be proven as such under the principle of non-allegata non-probate. What is
not alleged cannot be proven.
● Other analogous acts

What is the evidence needed to file a crime of Murder?

● Testimonial Evidence – affidavit of complainant and witnesses
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● Documentary Evidence – photographs, videos, police reports, and other documents

● Object Evidence – an autopsy, weapons used, and other forensic reports
● Other relevant evidence

HOMICIDE

What law punishes the crime of Homicide?

● Revised Penal Code Article 249

What are the elements of Homicide?

● Homicide is the killing of any person which does not constitute parricide, infanticide,
or murder and it is not attended by any justifying circumstances.
● Homicide is a generic term and could be committed by culpa (negligence) or dolo
(intent).
● Other analogous acts

What is the evidence needed to file a crime of Homicide?

● Testimonial Evidence – affidavit of complainant and witnesses
● Documentary Evidence – photographs, videos, police reports, and other documents
● Object Evidence – an autopsy, weapons used, and other forensic reports
● Other relevant evidence
PHILIPPINE COLLEGE OF CRIMINOLOGY
College of Criminal Justice

WORKSHEET No. 3

Name: _________________ Date Submitted: _

Professor:_____________ Score:

Your Task: After answering all the worksheets for the week, detach them from the workbook, put
them inside an envelope, and drop them off at the designated dropbox at the PCCR campus.

Direction: Provide the answers to the following questions

1. What law punishes the crime of Arbitrary Detention?

_________________________________________________________________________________________

2. What are the elements of the Crime of Arbitrary Detention?