FUNDAMENTALS OF CRIMINAL INVESTIGATION work and other intelligence operations,

Session 1: General Principle of Investigation including information from:

1. Public Records
2. Private Records and
Criminal Investigation
3. Other documents
o A major police function intended to seek
Interview/ Interrogation
all facts associated with a crime to
o The skillful questioning of witnesses and
determine the truth on what had
suspects in order to obtain information
happened and to identify who did it.
that may help in solving a crime.
o identify the perpetrator; apprehend the
perpetran applied science that involves
the process of collecting information Instrumentation
about an incident in order to: determine if o Scientific examination of physical
a crime has been committed; ator; and evidence and the application of
provide evidence to support a conviction instruments and methods of the physical
in court sciences in solving crime
o is an applied science that involves the
process of collecting information about
an incident in order to:determine if a
Phases of Investigation
crime has been committed; identify the
perpetrator;apprehend the perptrator o Phase I. – Identification of
Suspect/Perpetrator (intelligence fund)
o Phase II. – Arrest of the
Goals of Criminal Investigation
Suspect/Perpetrator
1. Determine whether a crime has been
o Phase III. – Proving the guilt of the
committed
Accused/Perpetrator
2. Legally obtain information and evidence
to identify the responsible person
3. Arrest the suspect (with warrant but with Identification of Suspect/ Perpetrator
exemption) o This can be obtained through:
4. Recover stolen property; and (anti fencing 1. Confession;
law) 2. Eyewitness testimony;
5. Present the best possible case to the 3. Circumstantial evidence; and
prosecutor 4. Associative evidence.

Tools of investigator in Gathering Facts Circumstantial Evidence (Suspicion or

1. Information nagdududa ka)
2. Interview and Interrogation o Evidence of circumstances which are
3. Intrumentation strong enough to cast suspicion upon the
defendant and which are sufficiently
strong to overcome the presumption of
Information
innocence, and to exclude every
o Data gathered by the investigator
hypothesis except that of the guilt of the
through surveillance, casing, undercover
defendant.
 o Evidence that is presented in a civil or
criminal trial that suggests a fact is true Principle of a Successful Investigation
but may not prove it directly o A logical sequence is followed.
o Examples are: prior threats made to the
o All physical evidence is legally obtained.
victim; fingerprints found at the crime
o All witnesses are effectively interviewed.
scene; testimony that a neighbor saw the
o All suspects are legally and effectively
defendant in the neighborhood; or the
interrogated.
defendant was the beneficiary of the
o All leads are thoroughly developed.
victim’s life policy.
o All details of the case are accurately and
completely recorded and reported.
Associative Evidence
o Evidence that links a suspect to the crime. Defense
o Examples: Latent fingerprints left on an
o Lawyer of the suspect/accused
object; fibers left from contact of clothing
Prosecutor
with objects; blood from physical injury;
semen from sexual assault; saliva from o Lawyer of the victim
spitting or cigarettes; etc
Session 2: GENERAL INVESTIGATIVE
Arrest of the Suspect/ Perpetrator PROCEDURES
o The suspect/perpetrator may be arrested
at the crime scene; Commencement of Criminal Investigaion
o He may be arrested during follow-up o The conduct of criminal investigation is
operations; triggered when the Police Department
o He may be arrested after a warrant of received an alarm, a call, a report, or a
arrest is issued by the court. walk-in complaint from a citizen.
o It may also be initiated by instruction of
Gather Evidence to Prove the Guilt of the higher authorities.
Accused
o In proving the guilt of the accused in Duties of the Desk Officer
court, o The duty desk officer upon receipt of such
1. the fact of the existence of the shall:
crime must be established;  Record the time it was reported;
2. the accused must be identified  Get the identity of the caller or
and associated with the crime complainant;
scene;  Take down the place of the incident;
3. competent and credible  Note down the nature of the incident;
witnesses must be available;  Record a brief synopsis of the incident;
and  Direct the nearest mobile car/beat
4. the physical evidence must be patrollers, or the nearest police
appropriately identified. precinct to act as first responders
equipped with “police line” to secure
the place of incident;
  Refer the case to the investigation unit (3) The declarant must be competent as a
that shall dispatch an Investigator, in witness;
case of need. (4) The declaration must be offered in a
 Enter the details of the incident in the criminal case for homicide, murder, or
police blotter. parricide in which the declarant was the
victim.
o The statement should be reduced into
The First Responders
writing and should be signed or thumb
o First Responders are normally those police
marked by the victim.
officers assigned in mobile or beat patrol
o If the victim is not in serious condition,
dispatched by the desk officer to the
bring the victim to the nearest hospital or
crime scene.
call an ambulance.
Procedures for First Responders
o Get his identity and other personal
o The first responders’ duty upon arrival at circumstances.
the crime scene is to secure the area by o Get initial interview from the victim.
putting a police line. o If the suspect is arrested, get the name of
o If a victim is in serious condition, call an the arresting officer or who turned over
ambulance or bring him to the nearest the suspect.
hospital. o Isolate the arrested suspect afar from any
o If necessary, get the “dying declaration” probable witnesses.
by asking at least three (3) questions: (1) o Record the time the suspect was arrested.
Ano ang pangalan at address mo? (2) o Wait for the investigator to interview the
Kilala mo ba ang gumawa nito sa iyo? Sa suspect.
palagay mo ba ay ikamamatay mo ang o If the suspect volunteers any statement,
tinamo mong sugat? take note of the time, location and
circumstances of the statements.
Dying Declaration
o Is a statement by a person who is The Criminal Investigation
conscious and knows that death is o The Criminal Investigator is a public safety
imminent concerning what he or she officer who is tasked to conduct the
believes to be the cause or circumstances investigation of all criminal cases as
of death that can be introduced into provided for and embodied under the
evidence during a trial in certain cases. Revised Penal Code/Criminal Laws and
Requisites for a Dying Declaration Special Laws which are criminal in nature.
o In order that a dying declaration may be o A well-trained, disciplined and
admissible, the following requisites must experienced professional in the field of
concur: criminal investigation duties and
(1) It must concern the crime involved in responsibilities. (PNP Criminal
and the circumstances surrounding the Investigation Manual, Revised, 2011)
declarant’s death;
(2) At the time of the declaration, the
declarant must be conscious of impending
death;
PRE-REQUISITE FOR ASSIGNMENT AS
INVESTIGATOR IN THE PNP Jurisdictional Investigation
o All investigators in any police unit in the o The Police Station, which has territorial
PNP must be a graduate of prescribed jurisdiction of the area where the crime
Investigation Course (CIDC) with a rank of incident was committed is tasked to
at least PO2/Police Corporal. undertake the necessary investigation and
crime scene processing, unless otherwise
General Duties and Responsible of the directed by higher authorities for a certain
Investigatior case to be investigated by other
units/agency.
o Respond to crime scene and conduct
investigation
o Interview the first responders and Wearing Prescribed Uniform
witnesses at the crime scene o Prescribed uniform should be worn by
o Book arrested suspect Investigators when conducting
o Conduct interview and take statements of investigation so as to identify them as PNP
the complainant/victim and witnesses personnel.
o Investigate/interrogate suspects if
arrested and hostile witnesses
Laboratory Examination of Physical Evidence
o Prepare reports
o All physical evidence collected from the
o Follow up the case
crime scene should be sent to the
o Prepare Case Investigation Plan
laboratory for scientific examination and
o File charges
analysis.
o Testify in court

Procedures when Arrest is made

PNP Investigative Protocols
o Secure the person arrested (handcuff at
o Jurisdictional Investigation
the back);
o Wearing of prescribed uniform
o Inform the arrested person on the cause
o Laboratory examination of physical of his arrest and his rights as provided for
evidence in the Constitution;
o Procedures when arrest is made o Conduct thorough search for weapons
o Booking Procedures and other illegal materials against the
o Taking of Statement of Suspect suspect/s;
o Taking of Statements of Complainant and o Use reasonable force in making arrest;
Witnesses o Confiscated evidence shall be properly
o Follow Up of Cases documented and marked;
o Preparation of Case Investigation Plan o Bring the arrested person to the police
o Investigator’s Notebook station for investigation.
o Attendance to Court Duties
o Common Investigation Oversights
Booking Procedures of the Arrested
Person/Suspect
 o The arrested suspect shall be
fingerprinted, photographed and
subjected to medical examination to Follow Up of Cases
include liquor and drug tests.
o The Investigator shall conduct follow-up
o Conduct record check.
operation to identify and apprehend
suspect/s based on the result of the initial
Taking of Statement of Suspect investigation conducted.
o The execution of a suspect’s ‘WAIVER” as
stipulated in Art. 125 of the RPC shall Preparation of Case Investigation Plan (CIPlan)
always be done in the presence of his
o The conduct of police operation involving
chosen counsel or any independent
sensational cases, high profile and
counsel.
heinous crimes must be covered by Case
Investigation Plan.
Taking of Statements of Complainant &
Witnesses
Investigator’s Notebook
o Sworn statement or affidavit of
o Experienced investigators employ a
complainant/s and witness/es must be
notebook to record the relevant details of
taken immediately by the investigator On-
the case that may help him during
case.
preparation of reports and in testifying
o Affidavit of arrest of arresting officers
during trial. The court allows investigators
must be taken immediately not later than
to consult their notes to refresh their
24 hours.
memory.
o In Inquest cases, the investigator On-case
o The data of the investigation should be
and the arresting officer/s shall observe
recorded in a complete, accurate and
Art. 125 of the RPC.
legible fashion so that in the event
another investigator is required to assume
Preparation of Reports and Filing of Cases responsibility for the investigation, he can
o The Investigator On-Case shall submit the make intelligent use of the notebook
following:
a) Spot Report within 24 hours to Attendance to Court Duties
NHQ;
o The Investigator On-Case and Arresting
b) Progress Report;
Officers shall endeavor to ensure their
c) After Operation Report;
attendance during court hearings while
d) Final Report after the case is filed
COPs/Heads of Units shall supervise and
before the prosecutor’s
ensure the attendance of witness/es
office/court;
e) Accomplishment Report; and
f) Case folder/Referral to the Common Investigation Oversight
Prosecutor o Incomplete Case Folder
o No template for the conduct of
Investigation
o Inadequacy of coordination
 o Failure to prosecute o Recommended Remedies: Proper turn-
o Chain of custody over of case folders handled by
o Less appreciation of electronic evidence investigators who shall retire or be
Incomplete Case Folder transferred, as requisite before the
issuance of office clearance.
o Lack of material documentation of the
case under investigation. Chain of Custody
o Recommended Remedies: Include the o Non-observance of proper documentation
police reports in chronological order such in the turn-over of evidence from one
as police blotter, spot, progress and final officer to another or one office to
investigation report. Also, append the another.
scene of the crime operation reports, o Recommended Remedies: Documentation
forensic reports and photographs. on the turn-over of evidence with actual
Further, if possible, attach the profile of receipt should be observed and non-
victim/s and suspect/s, as well as the observance should be the basis for
status of the party involved and the case. administrative sanctions.
Less Appreciation of Electronic Evidence
No Template for the Conduct of Investigation o Police investigators take for granted the
o Police personnel are not knowledgeable electronic devices such as cellphones,
about crime scene preservation and basic computers and other electronic devices
investigation. that can be processed to give investigative
o Recommended Remedies: Every police leads.
personnel should mandatorily undergo o Recommended Remedies: Proper training
investigation training giving priority to on the preservation and processing of
those in the field units electronic devices should be prioritized for
all investigators in the field.
Inadequacy of Coordination
o The SOCO, investigators, prosecutors and
other concerned agencies work separately The Police Blotter
and independently in the conduct of their
investigation. How is a Police Blotter described and What are
o Recommended Remedies: Case its supposed Contents?
conferences should be encouraged at the o An 18”x12” logbook with hard-bound
start of the investigation. The conferences cover that contains the daily register of all
should be attended by the SOCO, crime incident reports, official summary of
investigators, prosecutors, IBP lawyers arrests, and other significant events
and other concerned agencies in order to reported in a police station.
ensure the coordinated actions in the
preparation of an air-tight case folder.
Is the Maintenance of a Separate
Failure to Prosecute
Blotter Authorized?
o Pertains to absence of police investigator
o Yes, a separate Police Blotter may be
during trial to act as prosecutor’s witness
maintained only for offenses requiring
due to retirement and transfer of
confidentiality like violence against
concerned investigator.
 woman and children, and those cases
involving a child in conflict with the law to Equipment of the Investigating Team
protect their privacy pursuant to RA 9262 o Police line
(Anti-Violence Against Women and
o Flashlight
Children Act of 2004) and RA 9344
o Video camera
(Juvenile Justice and Welfare Act of 2006.
o Fingerprint kit
o Voice recorder
The Five (5) “W” and One “H” o Evidence bag
o The desk officer on duty shall record the o Camera
nature of the incident in the police blotter o Evidence tag
containing the five “W’s (who, what, o Measuring device
where, when and why) and one “H” (how) o Evidence bottles/vials
of the information, and inform his o Gloves
superior officer or the duty officer o Investigator’s tickler
regarding the occurrence of such incident.

The Ticklers
What are the requirements in answering the
o Investigator’s Tickler contains the
5Ws and 1H?
following:
o In answering the 5Ws and 1H and the case  Investigator’s checklist
disposition, all such material details about  Anatomical Diagram form
the incident shall be recorded in the  Evidence checklist
blotter including the:  Turn-over receipt
 Nature of the action or offense;
 Date, time, and place of occurrence;
PROCEDURES AT THE CRIME SCENE
 Names of the suspect/s, the victim/s,
the witness/es, if any; o Protecting the crime scene and the
 Facts of the case; evidence
 Other significant circumstances that o Processing and securing a crime scene
aggravate or mitigate the event or the o Documenting the crime scene
crime; o Laboratory examination of objects and
 Identity of the officer/Investigator on- substances found at the crime scene
Case; and Protecting the Crime Scene
 Status of the case. o Successful crime scene processing
depends upon the investigator’s skill in
COMPOSITION AND EQUIPMENT OF THE recognizing and collecting facts and items
INVESTIGATION TEAM of value as evidence, and upon his ability
1. Team Leader to protect, preserve, and later to present
2. Investigator/recorder these in a logical manner.
3. Photographer o This requires making careful and detailed
4. Evidence Custodian notes and sketches, written statements,
5. Composite Illustrator/Artist and transcribing verbal statements of
witnesses, suspects and marking and
 preservation of collected physical objects
of evidentiary nature.
Standard Recording of Investigative Data
o Photographs
o Sketching crime scenes
o Written notes (What you have seen or
observed)
o Developing and lifting fingerprints found
at the crime scene
o Gathering physical evidence
o Plaster cast
o Tape recording of sounds
o Video tape recording of objects
o Written statements of subject (s) and
witnesses

Documenting the Crime Scene

o Photographing/video-graphing the crime
scene
o Sketching the crime scene
o Note-taking

Documenting the Crime Scene

o Photographing/video-graphing the crime
scene
o Sketching the crime scene
o Note-taking
o