Define and analyze basic concepts in criminal investigation.

Module 1
Explain the principles of investigation Module 1

 In the criminal justice system, investigations play a vital role in gathering evidence and identifying
suspects.
 If there is a reason to assume that a crime has indeed been committed, further investigation is being
undertaken using the scientific methods and techniques.

Investigation
- an inquiry, judicial or otherwise for the discovery and collection of facts concerning the matters
involved.
- it is the process of inquiring, eliciting, soliciting and getting vital information, facts, circumstances in
order to establish the truth.
Criminal Investigator
- This refers to the person who performs an investigation.
- Also known as prober.
Police Investigator

- It refers to a PNP unformed personnel both Police Commissioned Officer (PCO) and Police Non-
Commissioned Officer (PNCO’s) conferred with the appropriate certification to investigate with care
and accuracy.
- It conducts a step by step-by-step examination, through patient inquiry and meticulous observation,
data and other pertinent matters to support crime theories ad establish relevant facts to aid in
identifying the offense and criminal offender, locating him and providing evidence of his guilt.
Police Detective
It refers to the PNP uniformed personnel who was previously certified as police investigator but was
able to complete 18 units of Master’s Degree, and completed the Police Detective Course (PDC)
Case Manager
Refers to a PCO who was previously certified as Police Investigator (PCO Category) but was able to
complete a Master Degree, completed the Investigation Officers Management Course (IOMAC)

Identify the different laws related in the conduct of criminal investigation Module 2
Module 2

1935 Philippine Constitution, Art. 3 Sec.

(1) “In all criminal proceedings, the accused shall enjoy the right to be heard by himself and the counsel.”

1973 Phil. Constitution, Art. 3 Sec. 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, to have a counsel and to be informed of
such right. No force, intimidation, or 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.”

1987 Phil. Constitution, Art 3 Sec. 12

1. Any person under investigation of 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, signed and in the presence of a counsel.
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.
Republic Act No. 7438
An act defining some certain acts rights of person arrested, detained and or under custodial
investigation as well as the duties of the arresting, detaining, and investigating officers and providing
penalties for violation thereof.
Related Case:
Miranda v. Arizona (1966)
It originated from American jurisprudence. Mr. Ernesto Miranda, a Latino who was accused of kidnapping
and rape in the State of Arizona.
It was in this case that the US Supreme Court laid down the constitutional rights of the accused
during the custodial interrogation. This constitutional right was also incorporated in the 1973 Philippine
Constitution and later in 1987 Philippine Constitution. This is known as the “Miranda Rule, Doctrine
or Warning.”

Rights of a Person under Custodial Investigation are as follows:

1. Right to Remain Silent. Anything that he/she may say may be used against him/her in any court
of law.
2. Right to be informed of the nature of the charges against him and whatever he/she says maybe
used for or against him/her.
3. Right to have a counsel. Preferably of his/her choice and if he/she has none, the government
must provide one.
These rights could be validly waived in writing and with the assistance of a counsel in order that the
ensuing confession be admissible in evidence. The confession must also be in writing, signed and sworn
to by the accused.

Select and explain the kinds, types, goals and objectives of criminal investigation Module 3
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Criminal Investigation
It is a legal inquiry by virtue of a complaint to follow-up, examine, track and search, step by step by
patient and meticulous observation, the fact of the commission of a crime, the identity of the actor, and the
circumstances attendant thereto by careful evaluation of all available evidence to the end that the violators
of the law be brought to the bar of justice and the innocent be relieved therefrom.
Refers to the process of collecting information about a crime.
It is the logical, objective and legal inquiry involving a possible criminal activity. The result of the inquiry, if
successful, will answer the 5W‟s (what, when, where, who, why and how)

three-fold aims of criminal investigation:

1. To identify the guilty party
2. To locate the guilty party
3. To provide evidence for his guilt

 Criminal investigation combines scientific methodologies and techniques with artistic skills and intuition.
While scientific principles provide a systematic approach to gather and analyze evidence, the artistry of
investigation comes into play during the interpretation of evidence, decision-making, and the
application of interpersonal skills.

Goals of Criminal Investigation

1. determine whether a crime has been committed
2. legally obtain information or evidence
3. identify persons involved
4. arrest suspects
5. recover stolen properties present the best possible case to the prosecutor

Forms of Investigation
1. Formal Investigation
- It refers to official inquiry conducted by a government agency in an effort to uncover facts and
determine the truth.
- It is usually considered as some form of inquiry concerning of criminal activity.
2. Inquest
- It is an effort to search the basic cause of an incident such as the commission of a crime.
 2. Inquisition
- A more historical description than a current usage to describe any penetrating investigation
concerning a religious issue.
3. Probe
- Similar to formal investigation, is an extensive, searching inquiry conducted by a government
agency.
4. Research
- It is the most employed type of investigation refers to the careful, patient investigation done by
scientist or scholars in their efforts to identify original sources of data or causes of problem.
5. Investigative Reporting
- Relatively speaking, is a recent type of investigation pursued by the members of the press on
their own initiative. It is designed to satisfy two purposes:

Categories of Criminal Investigation according to John Dempsey

1. Criminal Investigation vs Non-Criminal Investigation
 Criminal Investigation - carried out by the police.
 Non-Criminal Investigation - involves on non-criminal incidents or events.
2. Reactive Investigation vs Proactive Investigation
 Reactive Investigation - initiated on the basis of a complaint.
Categories of Reactive Investigation
a. Walk-through - Suspect is easily determined and located.
b. Where-are-they- Suspect has been tentatively identified but has not been located.
c. Whodunit- This is a case in which no suspects are initially identified.

Proactive Investigation - these are designed to catch a criminal in the act of committing a
crime.
a. Decoy operations are of blending and decoy types to catch criminals in flagrante
delicto.
b. Undercover operations usually in the form of buy-bust and entrapment.
ex. Entrapment and Buy-bust operation
3. Overt Investigation vs Covert Investigation
a. Overt Investigation - openly.
b. Covert Investigation - in secret.

Kinds of Criminal Investigation in General

6. Investigation while the suspect is under arrest and detention.
7. Investigation while suspect is at large.

Responsibilities of Criminal Investigator

1. Determine whether or not the crime has been committed
2. Decide if the crime was committed within the investigator’s jurisdiction
3. Discover all facts pertaining to the complaint, ex. gathers and preserve evidence and develop and follow
up clues.
4. Recover stolen property, identify perpetrator and locate and apprehend the perpetrator
5. Aid in the prosecution of the offender by providing evidence of guilt which is admissible in court and effectively
as witness in court

Explain the characteristics, attitude and qualities of an Investigator Module 4

Module 4

What are the Qualities of an Effective Investigator?

1. Good communication
- the capability of the investigator to interact both in written
and oral. They can do effective interviews either to the witness or suspect as well as to write a
written report.
2. Active listener
- the ability of the investigator to attentively hear the testimony given by a witness and able to
identify hearsay or false statements.
3. Critical thinking
 - analytical skills of the investigator while he formulates judgment based on the testimonies given
by the witnesses and evidence gathered.
4. Work under pressure
- capacity of the investigator to go through the investigation process despite obstacles and
hindrances that he may encounter such as but not limited to lack of resources, inadequate
investigative leads and clues and others.
5. Innovativeness
- flexibility and resourcefulness of the investigator in trying to uncover the identity and location of
the perpetrator.
6. Integrity
- this refers to the honor and honesty of the investigator in solving the case and avoiding unethical
issues that will discredit his image.
7. Knowledge about rules on evidence
- knowledge of the investigator about evidence handling which includes but is not limited to
preservation, marking, tagging, packaging and the requirements as to how such evidence will
be admitted in court during presentation.

Characteristics of a Competent Criminal Investigator

1. Perseverance
- refers to steadfastness, persistence and resolution to bring the desired conclusion in spite of
obstacles connected with criminal investigation.
2. Endurance
- Ability of investigator to last physically and mentally.
3. Incorruptible Honesty and Integrity
- refer to the degree of honesty and integrity of the investigator on several temptations.
4. Acting Ability
- refers to the ability of the investigator in stooping down the level of the subject with respect to
age, education, profession etc.
5. Mastery of the Oral and Written Communication
- should have a basic knowledge on both oral and written communication in probing a certain
issue in order that he will not suffer setback in getting the accurate facts especially in the
preparation of reports.
6. The keen power of observation and description
- should be a keen observer and knows how to accurately describe everything.
7. Courage Sense of justice and Fair Play
- moral fortitude of the investigator to tell the truth irrespective of who gets hurt.
8. Technical Knowledge
- refers to the investigator’s capability of defense tactics, use of firearms and the like.
9. Knowledge of Criminal Law
- investigator should have basic knowledge on legal matters concerning investigation
10. Intelligence and Wisdom of Solomon
- this is every important in order that the investigator could easily decipher falsehood from truth
and separate the grain from the chaff.
11. The Power to read between the lines
- this refers to the ability of the investigator to interpret the words and phrases encountered in the
process of investigation into their deeper meaning in order to arrive with concrete meaning of a
certain statement.

Apply the six cardinal points investigation in gathering information Module 5

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Cardinal Points of Criminal Investigation

Investigation must seek to establish the six (6) cardinal points of investigation, namely: what specific
offense was committed; how the offense was committed; when it was committed; where it was committed;
why it was committed; and who were involved persons.
Who – the question used to inquire the identity of the victims, or offended party, name of the suspect,
accomplices, accessories and witnesses of crime.
What – the purpose of these types of questions is to find out what happened or what took place before,
during and immediately after the commission of the offense.
Where – the question that localized the place of the incident-city or town, district or barangay, the street or
road, the number of the house or building. These questions are necessary in pinpointing the
particular location of the crime.
When – these questions needed to determine and fix the time, day, month and the year when crime was
committed.
Why – these are questions that endeavor to ascertain the motives, causes, antecedents, previous,
incidents, related facts, background occurrences that might help explain the commission of the
offense.
How – these are designed to help the investigator determine how the crime was committed, the means
and tools employed, how the crime was discovered, how the culprit enters the building/rooms.

What are the purposes of 5W’s and 1H

The following are rationales of what 5W’s and 1H in Criminal Investigation
1. Aid the investigator in searching the crime scene or other places which may be sources of evidence.
2. Guide the investigator in formulating questions in interviewing complainant, witness and other
interested parties or in the process of interrogating a suspect.
3. Assist investigator and the desk officer in making brief statements of facts in the logbook/police blotter
and in reports
4. Help the investigator in preparing the Modus Operandi report - How was the crime perpetrated?
5. Assist the investigator in furnishing a brief and concise criminal investigation report.

Identify and explain the tools and phases of criminal investigation Module 6
Trace the historical background of gathering information Module 6
Explain the modes and types of gathering information Module 6
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Tools in Criminal Investigation (3 I”s)

1. INFORMATION
-refers to the data needed in the course of investigation. This allow investigators to gather facts needed to
solve the case as this is considered as the lifeblood and essence of investigation.
-knowledge or facts which the investigator had gathered or acquired from persons or documents, which are
pertinent or relevant concerning the commission of the crime or criminal activities.
- Information can also be gathered from public records, private records and modus operandi files

Classification of Information as Sources

1. Regular Sources information are taken from records, files from the government or non-government
agencies and news items.
2. Cultivated sources - information are furnished by informants and informers.
3. Grapevine sources - information disclosed by the underworld characters such as prisoners or ex-
convicts.
4. Information from the victim
5. Information from public records
6. Information from modus operandi

Classical Systems of Gathering Information

1. French System- relies heavily in buying information.
2. English System- relies primarily on information given voluntarily.

2. INTERVIEW AND INTERROGATION

- both are similar in terms of their purpose that is to acquire information. However, they differ in a
manner as to how they gather and collect information.
INTERVIEW
 - It is done in a simple manner of questioning and mostly done among complainant, victims, or
witness.
General Kinds of Interview
1. Cognitive Interview- it is conducted to willing and cooperative witnesses, where they are given full
opportunity to narrate their accounts without intervention or interruption from interviewer.
2. Question and Answer- the interview is practice by some investigators require the interviewee to
answer question posed by the investigator.

NTERROGATION
- It is intrusive or antagonistic in its approach as it question commonly suspects, accused or hostile
witness.
Goals of Interrogation
1. To find out the truth about the crime.
2. To obtain an admission or confession of guilt from the suspect.
3. To gain all facts in order to determine the method of operation or modus operandi and the
circumstances of the crime in question.
4. To collect information that guides investigators to arrive a logical conclusion.

INSTRUMENTATION
- also called as Criminalistics or Forensic Science.
- the application of instruments and methods of physical sciences to detect and investigate crimes.
- refers to the process of employing scientific instruments in crime detection such as but not limited to
bullet comparison microscope, fingerprint comparator, polygraph machine and the like.

PHASES OF CRIMINAL INVESTIGATION

1. IDENTIFY THE PERPETRATORS

Methods of identification - refers to the ways and means employed to uncover the
personality of the person who may have committed an act which under the existing law is regarded
as a crime.
1. Confession/Admission
Admission or confession by a suspect is a major objective of every investigation. The confession is
an excellent means of identifying the criminal.
2. Eyewitness Testimony
The identification is made by several objective persons who are familiar with the appearance
of the accused and who personally witnessed the commission of a crime.
3. Circumstantial Evidence
In the absence of confession and eyewitnesses, the identification of a criminal may be
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.

4. Identification through Physical Evidence

4.1. Associative Evidence
The physical evidence found at the scene of the crime during the course of investigation
could link to the identity of the criminal by means of clue materials, personal property, or the
characteristic pattern of procedure deduced from the arrangement of objects at the crime scene.
4.2. Tracing Evidence
These are physical evidence which may assist the investigating officer in locating the
suspect and most commonly found in theft and robbery cases.
5. Corpus Delicti Evidence
These are objects or substances which may be part of the body of the crime, the body of the
victim, body of the suspects/subject, guns, knife, slug recovered from the cadaver during autopsy,
body fluid, blood, fingerprints, footprints, etc.
6. Identification through Forensic Science -this method is done through the aid of the expertise of
different forensic services such as DNA, fingerprint, odontology and the like.

2. LOCATE AND TRACE THE WHEREABOUTS OF THE PERPETRATORS

Perpetrators can be traced in his place of residence, workplace and hang out places.

3. PROVIDE EVIDENCE NEEDED FOR HIS CONVICTION

 To successfully produce a conviction, investigators must remember the rules in handling evidence
so as to maintain its integrity starting from the crime scene up until during court presentation.

4. PIECES OF EVIDENCE ARE PRESENTED IN COURT.

A case shall be considered SOLVED when the following elements concur:

1) the offender has been identified;
2) there is sufficient evidence to charge him;
3) the offender has been taken into custody; and
4) the offender has been charged before the prosecutor's office or court of appropriate jurisdiction.

Compare and contrast strategic and counter intelligence as methods of collecting information Module 9
Classify the information gathered through intelligence operations Module 9
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KINDS OF INTELLIGENCE

A. Strategic Intelligence - 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, man made 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:
1. protection of information against espionage;
2. protection of personnel against subversion;
3. and protection of installation and material against sabotage.

Counter Intelligence is also known as negative intelligence. That refers to the three-generic term:
A. Security Intelligence- the sum of the total efforts to counsel the national policies, diplomatic
decisions, military data and any other information affecting the security of the nation.
B. Counter Espionage- to investigate the actual or theoretical violation of espionage laws to
enforce those laws and apprehend any violators. 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.
C. Combat Intelligence- intelligence required by a commander to provide a basis for the
planning and conduct of tactical operations.
Measures in CI must be:
a. Passive measures are those measures which seek to conceal info from the enemy.
b. Active measures are those which seek actively to block the enemy’s effort to gain info or
espionage in espionage, subversion or sabotage.
Three Categories of CI Measure
 1. Denial Measure- secrecy discipline, document security, camouflage and concealment,
communication security, military censorship, counter reconnaissance.
2. Detection Measure- PSI, security tag or pass card, challenge or password reconnaissance.
3. Deception Measure- ruse-use of escape and evasion, dummy position, fabricated information.

Categories & Functions of 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. Counters Signal Intel (SIGINT)– determine enemy SIGINT and related enemy weaknesses,
capabilities and activities, assess friendly operations to identity patterns, profiles and develop,
recommend and analyze counter measures.

CI Measures to Protect Information:

1. Security Survey
- A counterintelligence service conducted in order to assist the chiefs of office in
determining the security measures required to protect key installations from possible
sabotage, espionage, subversion and unauthorized disclosure of or access to- classified
defense information or materials.
2. Security Inspection
- A counterintelligence service conducted in order to determine degree of compliance with
established security policies

Outline the intelligence cycle and process Module 10

Distinguish factual and reliable information Module 10
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INTELLIGENCE CYCLE
- is a process of obtaining information which includes proper procedure and sequence of steps
starting from planning, collection, collation and dissemination of a processed information to appropriate
persons. Intelligence cycle is important as it provides the necessary details in attaining the mission.

Mission is the purpose why intelligence should be gathered and used for particular undertaking. It
is considered as the heart of the intelligence cycle.

I. 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 Essential Elements 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 can reasonably arrive at a decision.

With this, the intelligence officer must have a thorough knowledge of the available source of
information and the collecting agencies and type of info the latter can provide.

Determination of Intelligence Requirements

Priority Intelligence Requirements/Elements of the Information (EEI’s)
Priority Intelligence Requirements Essential – those intelligence requirements for which a
commander has an anticipated and stated priority in his task of planning and decision-making. It is the
highest Intelligence requirement and is the basis for intelligence operations and is personally approved by
the commander.

Classification of Intelligence Requirements According to Use:

a. Executive - Intelligence is required by executive, government and military commanders. The
executive requirements are the basis for decisions and national policy making.
b. Contributory - Intelligence is required to complete the staff process: make staff plans and estimates
that contribute to the decision and policy making.
c. Operational - Additional intelligence required in planning and carrying out effectively the decision or
policy announced. Decisions and policies require implementation.
d. Collateral - Higher or adjacent echelons of the government or military establishment

Classification of Intelligence Requirements According to Type:

a. Basic- are general reference materials to be used in planning regarding the enemies or potential
enemies, area of operations, capabilities-static comprehensive.
b. Current – are temporary in nature and narrower in scope. Information required to cope up with the
current objectives.
c. Estimative – are those that determine the future courses of action; required by the executives to plan
future military operations and policies.
d.
II. 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 achieved in this phase.

Collection of Information – systematic exploitation of sources of information by collection agencies and

the delivery of the information obtained to the proper intelligence unit or agency.
Collection Agency - is any person, unit, or activity that collects and/or processes information by research,
surveillance, or the exploitation of the source of information.
Collection Plan
⮚ A dynamic tool used to coordinate and integrate the efforts of all collection units and agencies
⮚ Assist the Collection Manager in organizing his thought processes
CRITERIA IN THE SELECTION OF A COLLECTION PLAN
1. Suitability - the quality of having the properties that are right for a specific purpose.
Multiplicity - the quality or state of being multiple or the number of components in a system.
Balance – is usually used to describe a condition in which two different things or variables are
equal.
Capability - refers to the quality of being able to perform something as measured by the person’s
mental and physical fitness to perform the assigned task and the resources available.

COVERT METHOD
It is a clandestine or secret means of obtaining information regarding criminals, organized crimes,
subversive elements, and activities of foreign nations. The most common techniques of covert operations
include “infiltration” and “surveillance”

OVERT METHOD
The act of obtaining information through the use of open methods or through the employment of open
source data is known as overt method. It involves the collection of information from open sources such as
government records, census and statistics, commercial and business listings and other printed materials
available to the public such as newspapers publications.

III. PHASE 3 - COLLATION (PROCESSING)

In the intelligence cycle, collation refers to the process involved in evaluating the accuracy and
reliability of the information collected.

Reliability means JUDGING THE SOURCE of information while accuracy simply means the level of
TRUTHFULNESS of the information collected.
Reliability and Accuracy Table
EVALUATION GUIDE
Reliability of Information Accuracy of Information
(CUFNUR) (CPPDIT)
A - Completely reliable 1 - Confirmed by other sources
B -Usually reliable 2 – Probably true
C - Fairly reliable 3 – Possibly true
D - Not usually reliable 4 – Doubtfully true
E - Unreliable 5 – Improbable
F - Reliability cannot be judged 6 – Truth cannot be judged
Example of evaluation rating (the information is completely reliable and confirmed by other sources)
The evaluation rating is A1

IV. PHASE 4 - DISSEMINATION OF INTELLIGENCE

In the intelligence cycle, dissemination refers to the actions taken to transfer processed information
to the appropriate person. Extra care should be considered in disseminating processed information and
should be based on the “need to know principle.” Meaning information or those that have already
intelligence value should be passed, handled or disseminated among people who have the personality
to know or acquire the same.

Criteria in Dissemination
1. Timeliness - the timely conveyance of intelligence to the end users in appropriate form and by
any suitable means.
2. Propriety - in dissemination of intelligence, it must be clear, concise and complete. It must be
disseminated to the right user in the most effective way and in accordance with the security
requirements of the office.

Idenitfy and explain modes, types and techniques of collecting information Module 11
Compare and contrast informants to informer Module 11
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Psychologist estimates that approximately 85% of our knowledge is gathered through sight, 13% from
sense of hearing and only 2 % through the other three senses.

METHODS USED IN ACQUIRING INFORMATION

1. INFORMANT AND INFORMER

A. INFORMANTS
Informants- refer to a person who gives information to the police voluntarily or without any
consideration.
Informant Net – it is a controlled group of people who worked through the direction of the agent
handler. The informant’s principal or cut-outs supply the agent handler directly or indirectly of
intelligence information.

Types of Informants
1. Criminal informant - an informant who gives information to the police pertaining to the underworld
about organized criminals with the understanding that his identity will be protected.
2. Confidential informant- is similar to the former but he gives the information to violate the law to
include crimes and criminals.
3. Voluntary informant- a type of informant who gives information freely and willfully as a witness to a
certain act.
 4. Special informant- those who give information concerning specialized cases only and it regarded a
special treatment by the operatives (ex. Teachers, businessmen).
5. Anonymous informant- those who give information through telephone with the hope that the
informant cannot be identified.
6. Reliable informant – a type of informant whose credibility has been established and documented.
This includes information previously given and recorded which leads to the arrest of criminals or
recovery of stolen property.

B. INFORMER
is a person who provides information to the police on a regular basis. They are either paid regularly
or in a case-to-case basis, or none at all.

B. ELICITATION
- Obtain information through the process of direct communication.
- One or more of the parties to the communication is/are unaware of the specific purpose of the
conversation.

Phases:
a. Determination of the mission.
b. Selection of the subject.
c. Accomplishment of the mission.

2. OBSERVATION AND DESCRIPTIONS

Observation- is the complete and accurate awareness by an individual of his surroundings.

Description- is the factual reporting of what is observed.

3. CLANDESTINE OPERATION- COVERT/DISCREET

- A secret action undertaken in behalf of the government or other friendly forces.
4. UNDERCOVER ASSIGNMENT
5. COVER AND UNDERCOVER
6. SURVEILLANCE
7. CASING
CASING OR RECONNAISSANCE

Casing is the term used in the police organization while reconnaissance is used in military terms.
Casing or reconnaissance is the surveillance of a building place or area to determine its suitability for
intel use or its vulnerability in operations. It assists the agent handler in instilling confidence in his agent
during the briefing phase by being able to speak knowingly about the area of operation. Casing is also
considered a security measure because it offers some degree of protection for those operating in an
area unfamiliar to them.

TYPES OF CASING
a. Exterior Casing
- it is the observation of the whole area, building or installation, possible exits and approaches, and
types of vicinity that may be possible of help to any intelligence or counter-intelligence operation.
b. Interior Casing
- It is the close observation of the layout of the building. Included are items which are of intelligence
and counter-intelligence value.

METHODS OF CASING
a. Personal reconnaissance- the most effective method and will produce the most info since you
know just what you’re looking for.
b. Map reconnaissance- it may not be sufficient but it can produce a certain amount of usable
information
c. Research- much info can be acquired through research
d. Prior information- unit and of the unit will have a file report that they may provide you with info
e. Hearsay- info usually gain by the person operating in the area and performing a casing job.
Analyze the conduct of surveillance activity Module 12
Differentiate cover and undercover operation Module 12
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SURVEILLANCE
- form of clandestine investigation which consists of keeping persons, places or other targets under
physical observation to obtain evidence or information pertinent to an investigation.
- continuous watching or listening (Overtly or Covertly) of persons, vehicles, places, or objects to
obtain information concerning the activities and identities of individuals.

REQUIREMENTS (PROCESS) FOR SURVEILLANCE

1. Surveillance Plan - It must establish the required type of personnel, and the general and specific
instructions for surveillance. Ensure that the overall objectives of the surveillance are understood.
All participating personnel must have a common understanding of the operational limitations,
signals, and special instructions that have been improved.
2. Area and Target Study – all available information about the area should be collected and
analyzed.

CONSIDERATIONS IN SURVEILLANCE PLANNING

1. Pre-Surveillance Conference - a conference held among the team members, and the police
intelligence unit before surveillance is conducted.
2. Surveillance Plan - a plan established as required according to the type of personnel, and the
general and specific instructions for surveillance.
3. Area target study - refers to the area of operation of surveillance activities.
4. Surveillant - a person who conducts surveillance with includes only observations.
5. Stakeout or Plant - the observation of a place or area from a fixed point.
6. Tailing or Shadowing -it is the observation of a person’s movement.
7. Undercover Man refers to a person trained to observe and penetrate certain organizations.
Suspected of illegal activities and later reports the observation and information so that proper
operational action can be made.
8. Liaison Program - the assignment of trained intelligence personnel to other agencies to obtain
information on police intelligence value. (Agencies like the press, credit agencies, labor unions,
telephone companies).
9. Safe house - a place, building, enclosed mobile, or apartment, where police undercover men meet
for debriefing or reporting purposes.
10. Drop - any person is a convenient, secure, and unsuspecting place where police undercover men
meet their action agent for debriefing or reporting purposes.
11. Convoy - an accomplice or associate of the subject used to avoid or elude the surveillant.
12. Decoy - a cover supporting the surveillant who can become a convoy whenever surveillant is
burned.
13. Contact - any persons whom the subject picks or deals with while he is under observation and
identifies the observer.
14. Made - when the subject under surveillance becomes aware that he is under observation and
identifies the observer.
15. Lost - when the surveillant does not know the where about of his subject or the subject had eluded
the surveillance

A. ACCORDING TO METHODS
1. STATIONARY (STATIC SURVEILLANCE) - this is the observation of a place usually a
bookie stall, a gambling, joint, or a residence where illegal activities are going on (fixed
position).

2. MOVING - The surveillant will follow the subject from place to place to maintain continuous watch
of his activities.
 3. TECHNICAL (TECHNICAL SURVEILLANCE) - this is surveillance by the use of
communications and electronic hardware gadgets, systems, and equipment.

4. COMBINED SURVEILLANCE

SOME DO’S AND DON’TS SURVEILLANCE

1.Do not make abrupt or unnatural movements

2.Do not make use of disguises that will attract attention.
3.Never stare at the subject
4.Do not attempt to appear too innocent when assisted by the subject
5.Never speak to another surveillant unless necessary to accomplish the mission
6.Plan and be aware of changes in action
7.Take down notes safely
8.Make use of street furniture (telephone booth, sidewalk, vendors, waiting shades) Don’t drink while
working undercover
9.Don’t take a woman on an undercover assignment and don’t claim to be a “big shot”
10. Don’t spend money too much

COVER AND UNDERCOVER OPERATIONS

A. COVER - how an individual group or organization conceals the true nature of its acts and or existence
from the observer. (used in the operation)

Organizational Cover -is an account consisting of biographical which when adopted by an individual
will assume the personality, he wants to adopt.
 Objectives: To camouflage and protect operational personnel and their activities Protect
installation will assume the personality he wants to adopt.
Cover story- biological data through fictional that will portray the personality of the agent he assumed,
a scenario to cover up the operation.
Cover Support - agent assigned in target areas with the primary mission of supporting the cover story.

IMPORTANCE OF COVER
1. secrecy of operation against enemy intelligence
2. Secrecy of operation against friendly agencies who do not have a “need to know”.
3. Successful accomplishment of the mission

FUNCTIONS OF A COVER

1. Offensive – gives access to the target and facilitates the achievement of clandestine objectives.
2. Defensive – serves to prevent detection.

TYPES OF COVER

1. Natural Cover - using actual or true background

2. Artificial cover - using biographical data adopted for the purpose
3. Cover within a Cover - justification of existence
4. Multiple Cover - any cover you wish

B. UNDERCOVER ASSIGNMENT

Undercover assignment - is an investigative technique in which an agent conceals his official identity
an obtains information from that organization (the operation)

PLANNING UNDERCOVER ASSIGNMENT

1. Determine the level on which the investigation is intended
2. Develop an appropriate cover and cover story
3. Selection or qualified personnel
 4. Consideration of all operational detail to include documentation, contract reporting, housing and
convergence
5. Briefing, coaching and rehearsals

TYPES OF UNDERCOVER ASSIGNMENT

1. Dwelling – the undercover investigator establishes a residence in or near the dwelling house of
the subject or the target area.
2. Work assignment – places the UI in a type of employment where he can observe the subject at
his place of work.
3. Social assignment – requires the UI to frequent the places of entertainment and amusement
frequented by targets.
4. Multiple assignments – 2 or more assignments covered simultaneously.
5. Rope Job/personal contact assignment – striking up a friendship with the subject.

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MAIN TYPES OF SOURCES OF INFORMATION

a. Open Source
- It is an information that is publicly available. It can consist of research, technical, and economic
reports, "white papers", conference documentation, dissertations and theses, discussion papers,
subject-related newsletters, etc. One of the main difficulties in working with this type of source is
evaluation as information available in the public domain can frequently be biased, inaccurate or
sensationalized.
b. Closed Source
- It is an information collected for a specific purpose with limited access and availability to the
general public. It is often found in the form of structured databases. In the context of criminal
intelligence analysis, these databases will largely include personal data collected as part of
ongoing targeting operations, or broader criminal records, vehicle registration data, weapons
licensing, etc.
c. Classified Source
- It is an information collected by specifically tasked covert means including the use of human
and technical (image and signals intelligence) resources. The use of classified information can
significantly enhance the quality of an analytical product, as it is usually highly accurate;
however, it can also make an analytical product significantly less actionable due to restrictions
on dissemination.
CLASSIFICATION OF INTELLIGENCE INFORMATION
1. Top Secret (Green Color)
- It refers to information and materials that require the highest degree of protection.
- Unauthorized disclosure would cause exceptionally grave damage or danger to the nation ,
politically, economically, and to the nation’s peace and order and security.

2. Secret (Red Color)

- It refers to those information and materials whose unauthorized disclosure would endanger
national security, cause serious injury (serious damage) to the interest or prestige of the nation or
any governmental activity, or would be of great advantage to a foreign nation.
3. Confidential (Blue Color)
- It refers to information and material whose unauthorized disclosure of which, while not
endangering national security, would be prejudicial to the interest and prestige of the nation or
any governmental activity or would cause (damage) administrative embarrassment or
unwarranted injury to an individual or would be advantage to a foreign nation.
-
 4. Restrictive (White Color)
- It refers to information and material (other than Top Secret, Secret, or Confidential) that should
not be published or communicated to anyone except for official purposes. Restricted material
would cause undesirable effects if publicly available.

CRYPTOGRAPHY
- The process of hiding or coding information so that only the person a message was intended for
can read it.
- Any method used to change the form of a written messag e to make it difficult or impossible for
anyone except the targeted receiver.
- Modern cryptography techniques include algorithms and ciphers that enable the encryption and
decryption of information.
- The practice of coding information to ensure only the person that a message was written for can
read and process the information.

CODE
- Refers to a system that uses words as the smallest element.
- A word or phrase chosen in place of another word or phrase to communicate an attitude or
meaning without stating it explicitly (Merriam-Webster Dictionary).

CIPHER
- Refers to the system that manipulates one, two, or three characters at a time.
- A frequently used algorithm in cryptology, a subject concerned with the study
of cryptographic algorithms. It is a method of encrypting and decrypting data.

Ciphers have traditionally employed two basic forms of transformation:

a. Transposition ciphers- maintain all of the original bits of data in a byte but reverse their order.
b. Substitution ciphers- substitute specified data sequences with alternative data sequences. For
example, one type of replacement would be to convert all bits with a value of 1 to bits with a value of
0, and vice versa.

Note: The data generated by any method is known as the ciphertext.

Categories of Cipher:
b. Concealment- the simplest and the most primitive, a concealment system attempts to hide
the secret message, most often within another seemingly harmless message.
c. Transposition- the elements of the plaintext message, that is, the letters or symbols in the
original text, are manipulated out of their normal order- they are jumbled and rearranged.
d. Substitution- A method of encoding using the replacement of the elements in the plain text
by other letters, numbers, symbols or by a combination of other elements.

Definition of terms
1. Encode (Encipher)- To process a message into a code or cipher. The
message would then be called the code text or cipher test.
2. Decode (Decipher)- The reverse of the encoding process that is performed
by a receiver who knows the decoding method or holds the proper key.
3. Key- Elements of the message that control the system’s variables.
4. Null- A word, letter, or other symbol that has no meaning that is used
only to fill the space in the message.
5. Plaintext- The message before it is encoded.

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CRIME SCENE INVESTIGATION

Procedures in Criminal Investigation

As a general rule, all crime scene investigations must be done
by the police station that has the territorial jurisdiction of the crime incident unless otherwise specified by
the higher authorities to be investigated by some other unit or agencies and must be recorded in the official
police blotter.

Territorial jurisdiction means that the crime incident happens within the area or place that a certain police
station holds or covers.

Police station - refers to the office of local police that has a jurisdiction within the area and exercises
control over the community and persons movement by enforcing the laws necessary for the maintenance of
peace and order.

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

Police Blotter- is an 18” x 12” logbook with hard-bound cover that contains the daily register of all crime
incident reports, official summary of arrests, and other significant events reported in a police station.
In the case of VAWC- Violence Against Women and Children Act of 2004 or RA 9262 and Juvenile
Justice and Welfare Act of 2006, a separate Police Blotter shall be maintained for these kind of offenses
requiring confidentiality and to protect their privacy.

Crime scene – also known as the “treasure island” in criminal investigation. It is because several pieces of
evidences can be found in the crime scene which relevant to the solution of the case.
Crime scene – is a place or venue where the ingredients of the criminal act took place.

Crime incident – refers to the occurrence of a certain crime

Types of Crime Scenes as to Location

1. Indoor Crime Scene – the offender committed the crime in an enclosed place like a room or inside the
house but not necessarily the house of the victim.
2. Outdoor Crime Scene – it is located in an open area.
3. Continuing / Running Crime Scene or conveyance – has a mixed location from indoor to outdoor or
vice versa or continuing outdoor alone, or from one place to another of the same jurisdiction, or from
one place crossing to another area of jurisdiction.

Crime Scene Integrity?

- It is the process of isolating the crime scene inside a perimeter.

1. RECORDING OR DOCUMENTATION
The investigator begins the process of recording pertinent facts and details of the investigation the
moment he arrives at the crime 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.

“MAC” rule which simply stands for:

1. Mutilate - meaning do not remove anything from the crime scene.
2. Alter - do not change anything in the crime scene; and
3. Contamination - do not add anything to the crime scene

Transient evidence - evidence which when not collected at an appropriate time may diminish or lose its
value such as urine, blood, semen, etc., on the other hand
Fragile evidence- evidence that may be broken if collected inattentively.
Photographic Log. It records how the CS was systematically documented using still and video cameras.
The log shows the overall, medium, and close-up views of the scene. It contains a series of photographs of
the CS taken in a systematic manner based on SOP
 a. Take Long-range (Overall) photos of the locality, points of ingress, and street signs or other
identifiable that will establish location which is egress, normal entry to the property, exterior of
the building/premises, taken to portray the areas as if a person viewing the scene is seeing it
from the standing position. The photographer takes the photograph with the camera at eye
level.
b. Take Mid-range (Medium) photos of the immediate CS and the location of objects of
evidence within the area or room that portrays the scene from approximately 10 to 20 feet
from the subject matter.
c. Take Close-range (Close-up) photos of specific evidence (hairs, fibers. footprints, and
bloodstains) approximately 5 feet or less from the subject matter.

2. SKETCHING.
It records the crime scene's exact location, position, measurement, orientation, and details of
findings in a sketch pad through symbols, art, and figures.

Crime Scene Sketch- It is a permanent record of the size and distance relationship of the crime
scene and the physical evidence within it.
General Kinds of Sketch
a. Rough Sketch- made by the investigator at the crime scene.
b. Finished Sketch- A sketch with a scale of proportion drawn by a draftsman which can
be used for court presentation.
c.
4. SEARCHING FOR EVIDENCE
Each crime is different, according to the physical nature of the scene and the crime or offense
involved. 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.
1. Strip Search - 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.
2. Double Strip or Grid Search - -rectangle is traversed first parallel to the base then parallel to
a side.
3. Spiral or Circle 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.
4. Zone (Sector) 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.
5. Wheel (Pie or Spoke) Method- The searchers gather at the center and proceed outward
along radii or spokes.
6. Line Search

5. COLLECTION OF EVIDENCE
- It is accomplished after the search is completed, the rough sketch is finished and photographs
are taken.
- Fragile items should be collected as they are found.
- 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.
6. MARKING OF EVIDENCE
- Any physical evidence obtained must be marked information to ensure that the items can be
identified by the collector at any or tagged before its submission to the evidence custodian.
Markings specimen must at least contain the following:
a. Exhibit Case Number;
b. Initials and or signature of the collecting officer; and
c. Time and date of collection.

Note: It is also important to note the place or location where the evidence was
collected.
7. 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

8. 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.

9. RELEASE OF THE CRIME SCENE

The IOC shall decide on the lifting of 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 the SOCO Team as any re-entry into the crime
scene after its release to the owner will require a search warrant issued by the court.

10. RELEASING OF EVIDENCE.

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

11. 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.
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.

12. TRANSMITTAL OF EVIDENCE TO CRIME LABORATORY.

Proper handling of physical evidence is necessary to obtain the maximum possible information on
which scientific examination shall be based, and to prevent exclusion as evidence in court.

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Arrest
It refers to the taking of a person into custody in order that he maybe bound to answer for the
commission of an offense.

arrest made?
It is made by the actual restraint of a person to be arrested or by his submission to the custody of
the person making the arrest.

Person Exempted from Arrest

1. A Senator or Member of the House of the Representatives while Congress is in session for an
offense punishable by not more than 6 years of imprisonment (Art. VI, Sec. 11, 1987
Constitution).
2. Diplomatic Agents, under the Vienna Convention on Diplomatic Relation such as: ambassadors
or public ministers of a foreign country, authorized and received as such by the President of the
Philippines, and their domestic or domestic servant duly registered under the protection to duly
accredited diplomatic or consular representatives of the Philippines (R. A. No. 75).
3. Those covered by a safety and immunity guarantee of the President of the Philippines.
4. Rebels issued with safe conduct pass by the National Amnesty Commission, for crimes
committed in pursuit of rebellion (Letter Dated 17 Feb 03 from NAC Chairman to NBI Director).
 5. Persons in connection with any election, allegedly committed an offense by act or language
tending to support or oppose any candidate, political party or coalition (Sec. 266, Omnibus
Election Code).

Two Modes of Arrest

1. Arrest by virtue of a warrant; and
2. Arrest without a warrant under exceptional circumstances as may be provided by the statute.
A. ARREST BY VIRTUE OF A WARRANT

Warrant of Arrest
It is an order in writing issued in the name of the People of the Philippines signed by a judge
directed to a peace officer, commanding him to arrest the person designated and take him into custody of
the law in order that he may be bound to answer for the commission of an offense.
Constitutional Foundation of Arrest Warrant

General Guidelines
1. All arrests should be made only on the basis of a valid Warrant of Arrest issued by a competent
authority, except in instances where the law allows warrantless arrest.
2. No violence or unnecessary force shall be used in making an arrest, and the person to be
arrested shall not be subjected to any greater restraint than what is necessary under the
circumstances.
3. As a general rule, arrests can be made on any day of the week and at any time of the day or
night.
4. Only judges are authorized to issue Warrants of Arrest.
5. A Warrant of Arrest is no longer needed if the accused is already under detention. An Order of
Commitment is issued by the judge in lieu of the Warrant of Arrest.

Requisites for Valid Warrant of Arrest

1. It must be issued upon probable cause;
2. The probable cause must be determined personally by the judge himself;
3. The determination of the existence of probable cause must be made after the examination by
the judge of the complainant and the witnesses that may be produced; and
4. The warrant must particularly describe the place to be searched, and the persons or things to
be seized.
What is Probable Cause in a Warrant of Arrest?
It refers to the facts or circumstances known by the judge after a careful examination of the
complainant and the witnesses the complainant produced that induced the judge to believe without doubt
that a crime was committed and a warrant of arrest should be issued.

Who is a Warrant Officer?

A Warrant Officer is any authorized member from the law enforcement agency usually from the PNP
or NBI who holds a warrant for execution within 10 days from receipt subject to renewal in case of failure to
execute the same.

Who may issue a Warrant of Arrest?

The authorized to issue warrant of arrest is the judge of any competent court in the Philippines.

Duties of Arresting Officer

1. While arresting the accused/suspect, the arresting officer should inform the cause of arrest and of
the fact that a warrant has been issued to the arrested person; and
2. Any police officer making a lawful arrest should take the person arrested without unnecessary
delay and deliver him to the nearest police station or jail.

Table No. 1 Periods of Delivering a Person to Proper Judicial Authority

Time/Period Penalties
12 Hours Light penalties and their equivalent.
 18 Hours Correccional penalties and their equivalent
36 Hours Afflictive/Capital Penalties and their equivalent.
Warrant of Arrest executed?
The head of office to whom the warrant of arrest was delivered for execution shall cause the warrant
to be executed within 10 days from its receipt. Within 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
failure to execute the warrant, he shall state the reasons therefor.
Even if not served within the statutory period of (10 days), a warrant of arrest remains valid. It remains valid
unless:
1. The warrant was recalled by the issuing court;
2. The respondent was already arrested;
3. The respondent voluntarily submitted his self to the jurisdiction of the issuing court; or
4. The respondent died.

Note: A warrant of arrest has NO expiry date. It remains valid until arrest is effected
or warrant is lifted.
Principles of Arrest
1. A warrant of arrest is enforceable only within the territory of the government or state issuing the
warrant.
2. In a warrantless arrest based on the commission of a crime, the crime must have been committed
within the territory of the government or state whose agents are carrying out the arrest.
3. In arrest based on a warrant of arrest, it is not essential that the arresting officer has the warrant in
his possession at the time he carries out the arrest.

B. ARREST WITHOUT WARRANT (WARRANTLESS ARREST).

As a general rule, any peace officer who arrests a person without warrant may be liable under
Article 125 of the RPC (Arbitrary Detention). The following are the situations in which a police officer may
arrest a person without warrant:

a. When, in his (police) presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense (In Flagrante Delicto Arrest).
b. When an offense has in fact 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
(Doctrine of Hot Pursuit or Fresh Pursuit).
c. When the person to be arrested is an escapee. Those who have escaped from any penal
establishment or place where he is serving final sentence or is temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.
d. When the right is validly waived. This is when the person arrested consented to the arrest, despite of
no warrant showed; the person is willing to be taken into custody.
e. When an accused who was released on bail attempts to depart from the Philippines without prior
permission of the court where the case is pending.
f. Violent Insanity.
g. Ailment requiring compulsory confinement in a hospital.

PNP Standard Operating Procedure (SOP) of Arrest without Warrant

1. During the initial contact with the person to be arrested, these steps should be followed:
a. Freeze or restrain the suspect;
b. Make the proper introduction as to identity and authority to arrest;
c. Inform the arrested person of the circumstances of his arrest and recite to him the Miranda
Warning;
d. Conduct thorough search for weapons and other illegal materials;
e. As a general rule, no unnecessary force shall be used in making the arrest;
f. Confiscated evidence shall be properly documented; and
g. Bring the arrested person to the Police Station for further investigation and disposition.

2. In arresting without warrant, the officer must inform the person to be arrested of his authority and
cause of the arrest. However, these may not be exactly followed if:
a. the person to be arrested is engaged in the commission of an offense; b. he is pursued
immediately after committing a crime or after escape;
b. he attempts to flee from the officer arresting him;
 c. he forcibly resists before the officer has the opportunity to inform him; or e. when giving such
information will imperil the arrest.

Note: If a person has been arrested and taken into custody based on a warrantless arrest,
he or she will undergo a process called Inquest Proceedings (an informal and summary
investigation conducted by a public prosecutor (called the inquest prosecutor) for the
purpose of determining whether or not the warrantless arrest is valid).

Guidelines for Use of Force When Making an Arrest

1. No resistance. Use no force.

2. Resistance. Use only as much as force as necessary to overcome resistance.
Threat to Officer's Life. Use deadly force. The excessive use of force shall be avoided.

Duties of Arresting Officer in Case of Arrest without a Warrant

1. The person arrested shall be informed in the dialect or language known to him, why he is being
arrested, Miranda Rights, inform the officer's authority, and the cause of the arrest, unless the person
to be arrested is then engaged in the commission of an offense or is pursued immediately after its
commission or after and escapes; or flees or forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will imperil the arrest.
2. The arrested person shall be delivered to the proper authorities without unnecessary delay and within
the time prescribed (Art. 125, RPC).
3. The person arrested shall be delivered to the nearest police station or jail, and shall be the subject of
Inquest Proceedings.
4. If the person arrested waives his right to remain to silent under the provisions of Art 125 of the Revised
Penal Code and opts to give a statement and present evidence for his defense, the arresting officer
shall ensure that the waiver made by the person arrested shall be in writing and in the presence of his
counsel of choice.

Prohibitions in Arrest
No torture, force, violence, threat, intimidation, or any other means which violates the free will shall
be used against a suspect. Secret detention places, solitary confinement (incommunicado) or other similar
forms of detention shall be prohibited.

SEARCH AND SEIZURE

It is the act of examining persons, documents, papers and effects. This is different to the search of physical
evidence being done by criminal investigators at the crime scene.

Two Modes of Search

A. Search with Warrant; and
B. Warrantless Search (Search without Warrant).

A. SEARCH WITH WARRANT

Search Warrant
It is an order in writing issued in the name of the People of the Philippines, signed by the judge and
directed to a peace officer commanding him to search for personal property and bring it before the
Court.

Where to Apply for Search Warrant?

1. To any court within whose territorial jurisdiction a crime was committed;
2. 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; and
3. However, if the criminal action has already been filed, the application shall only be made in the court
where the criminal action is pending.
Requisites before Issuance of a Search Warrant
1. Probable cause exists in connection with one specific offense;
2. Presence of probable cause is determined personally by the judge after an examination;
 3. The judge must have personally examined, in the form of searching questions and answers, the
applicant and his witnesses and taken down their written depositions;
4. The search warrant must particularly describe or identify the property to be seized as far as the
circumstances will ordinarily allow;
5. The warrant issued must particularly describe the place to be searched and the persons or things to
be seized;
6. It shall be issued only for one specific purpose; and
7. It must not have been issued more than 10 days prior to the search made pursuant thereto.

Witnesses in a Search
1. The legal occupant thereof;
2. Any member of his family; and
3. In the absence of the latter, two witnesses of sufficient age and discretion residing in the same
locality.
B. INSTANCES OF WARRANTLESS SEARCH (SEARCH WITHOUT WARRANT)

1. Search Incidental to a Lawful Arrest. This is legally accepted provided that the search is
contemporaneous to the arrest and within the permissible area. A person lawfully arrested may be
searched for dangerous weapons or anything, which may be used as proof of the commission of
without search warrant. The warrantless search and seizure, as an incident to a lawful arrest, may
extend beyond the person of the one arrested to include the premises or surroundings under his
immediate control.
2. Search in Violation of Tariff and Custom Laws. The search involves illegal entry of "smuggled
goods" in our country that may affect the local businesses especially the small-time businessmen.
The search is usually conducted by the officers and agents of the Bureau of Customs.
3. Plain View Doctrine Search. Police officers can seize articles or objects which inadvertently come
to their view without exerting any effort and which object is incriminatory to the accused. The
doctrine includes the five senses of an individual to detect violations of law. In the case of Harris v.
United States, it said that any object "falling in the plain view are subject to seizure and may be
introduced as evidence." It allowed an officer to seize - without a warrant - evidence and contraband
found in plain view during a lawful observation. For the benefit of the Plain View Doctrine, the
Three- prong Horton Test requires that:
a. the officer to be lawfully present at the place where the evidence can be plainly viewed;
b. the officer to have a lawful right of access to the object; and
c. the incriminating character of the object to be "immediately apparent.
4. Search of Moving Vehicles. The search of moving vehicles is popularly called as "checkpoints."
This instance of warrantless search cannot be done anytime. The "checkpoints" must be done
during "abnormal times" when the public welfare is at stake. Thus, every vehicle that passes the
certain checkpoint can be searched without search warrant.
5. Inspection of Buildings for Fire and Sanitary Regulations. Inspectors of buildings for the
purpose of maintaining sanitation, fire and building regulations are required to enter every building
as well as every room necessary to be inspected without arming themselves with search warrant.
The inspectors need not be armed with search warrant to enter the premises or rooms of the
building to be inspected.
6. Consented Search. If the person submitted himself voluntarily to be searched, it is valid, as if there
is a search warrant because of the consent of the person to be searched. The consent of the person
must not have been because of intimidation, threat of the person making the search. Thus, the
Supreme Court held that in the cases of:
7. Frisk Search. This is also known as Terry Search. In the case of Terry vs. Ohio, it established that
officers can conduct a pat down of an individual they stopped if they believe the person is armed
and dangerous. This is a protective search for weapons only.

Exclusionary Rule?
This rule was derived from the case of Weeks vs. United States in 1914. It established a rule that
[federal] courts may not accept evidence obtained by unreasonable search and seizure, regardless of the
relevance of these to the case. is referred as fruit of the poisonous tree. This means that evidence obtained
in the process of illegal warrantless search is not admissible as evidence in court.

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RAID OPERATION
a surprise invasion of a building or area. It is a small-scale attack on a limited territory. It must be legal,
having its basis in lawful process, and conducted in a legal manner through a search warrant or warrant of
arrest.

Purposes of Raid
1. To effect apprehension.
2. To obtain evidence of illegal activity by surprising the offenders in flagrante delicto.
3. To recover stolen property.

Elements of Effective Raid

1. Size of raiding party
2. Surprises
3. Speed
4. Superiority of arms
5. Simplicity of plan and operation

Is the Use of Firearm Justified?

The use of firearm is justified if the offender poses imminent danger of causing death or injury to the police
officer or other persons. It justified under the doctrines of self-defense, defense of a relative, and defense of
a stranger.

RULE 11. CHECKPOINTS (REVISED PNP OPERATIONAL PROCEDURES 2013)

11.1 Authority to Establish Checkpoints

Checkpoint is a place where the police check vehicular/pedestrian traffic in order to enforce circulation
control measure and other laws, orders, and regulations. The establishment of checkpoints must always be
authorized by the Head of Office of the territorial PNP Unit and manned by uniformed PNP personnel.

11.2 Composition
In the conduct of checkpoint, the checkpoint team shall be composed of, but not limited to, the following:

a. Team Leader (TL) - shall lead and take responsibility in the conduct of checkpoint preferably an
officer with the rank of at least Police Inspector
b. Spotter - PNP personnel who will point/profile suspected vehicle subject for checkpoint;
c. Spokesperson - TL or member who is in charge of communicating with the motorists subject for
checkpoint;
d. Investigation Sub-team - in charge of investigation and documentation of possible incidents in the
checkpoint to include issuance of Traffic Citation Ticket (TCT) or Traffic Violation Report (TVR);
e. Search/Arresting Sub-Team - designated to conduct search, seizure and arrest, if necessary;
f. Security Sub-Team - tasked to provide security in the checkpoint area; and
g. Blocking/Pursuing Sub-Team - team tasked to block/ pursue fleeing suspects/vehicles.

11.4 Procedure in the Conduct of Regular Police Checkpoint

a. Unit Commanders should inform Higher Headquarters (HHQs) Tactical Operations Center (TOC) and
coordinate with adjacent units, such as MPS, CPS, NSUs, Public Safety Company Forces, and other
friendly forces, personally or through an official representative, before commencing with the
checkpoint to avoid misencounter and any untoward incident;
b. The TL shall brief the PNP personnel, as well as the civilian components present, including the media
regarding the proper conduct of the checkpoint and their assigned tasks before their deployment;
c. The TL shall initially account for the PNP personnel and check if they are in the prescribed uniform.
PNP personnel conducting the checkpoint shall display their nameplates at all times. If wearing a
 jacket, the flap of the jacket bearing their names should also be displayed. Likewise, the equipment
will include, but not limited to, the following:
(1) Marked Patrol vehicles;
(2) Firearms with basic load of ammunition;
(3) Handheld and vehicle base radios;
(4) Flashlights;
(5) Megaphone;
(6) Video camera; and
(7) Signage:
(a) Warning signs: (e.g., Slowdown Checkpoint Ahead, Checkpoint 20 Meters Ahead, etc);
and
(b) Information signs: Name of the Unit and TL.
d. The Spotter of the team will be pre-positioned in a place where he can best point/profile suspected
vehicles before their approach to the checkpoint;
e. Search/Arresting Sub-Team shall flag down suspected vehicles and conduct search, seizure, and
arrest, if necessary;
f. In the event of seized drugs, the team having initial custody and control of the drugs shall immediately
conduct a physical inventory and photograph the same in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her representative or counsel,
a representative from the media and DOJ, any elected public official who shall be required to sign the
copy of the inventory and be given a copy thereof;
g. Arrested persons and seized items shall be turned over to the investigation sub-team for
documentation and proper disposition;
h. In the event that the checkpoint is ignored, and the occupants of the vehicle open fire on the
personnel manning the checkpoint, reasonable force to overcome the suspects’ aggression may be
employed;
i. Inform Higher Headquarters before terminating the conduct of Checkpoint;
j. The TL shall conduct a debriefing of personnel after the termination of the Checkpoint; and
k. Unit Commander shall submit After-Activity Report to Higher Headquarters.
11.5 Procedure in the Conduct of On-the-Spot (Hasty) Checkpoints
a. PNP personnel conducting mobile patrols on board patrol vehicles will initially man the checkpoint, to
be complemented by additional personnel upon arrival of reinforcement. A collapsible signage with
markings: “Stop, Police Checkpoint” if available, indicating also the name of the concerned police
office/unit conducting the operations, will be used for the purpose;
b. In the case of PNP personnel conducting Internal Security Operation (ISO) or foot patrol, where a
vehicle and collapsible signage are not readily available, the checkpoint shall be manned initially by
said personnel;
c. The team shall immediately inform Higher Headquarters of the exact location of the hasty
Checkpoint to include personnel involved and available equipment;
d. In a hasty checkpoint, where there is a possibility of high-risk stop and high-risk arrest, and there is
an urgency for troop deployment and public safety might be at risk, the participation of the civilian
component and the presence of the media in the checkpoint operation shall not be allowed;
e. The Unit Commander of the personnel manning the hasty checkpoint shall immediately send
additional personnel, equipment, and signage to the area in order to convert the Hasty Checkpoint
into a Regular Checkpoint; and
f. As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL shall follow the
procedures under 11.4c of this Rule.
11.10 Police Defensive Roadblock
Police Defensive Roadblock is a temporary installation or hastily built barricade set for halting traffic to
facilitate the apprehension/neutralization of an armed person/suspect onboard a motor vehicle.

POLICE LINE- UP
- involve a witness looking at several people.
- One of these people is a law enforcement suspect in an alleged crime. The other people are
"fillers." The witness's job is to try to identify the suspect.

Law enforcement generally conducts police lineups using one of three methods:
A. Simultaneous lineups
- The witness views every member of the lineup at the same time.
B. Sequential lineups
 - The witness views the lineup participants one by one. Most police departments use photo
lineups or photo arrays.
C. Photo lineups (simultaneous or sequential)
- Use simultaneous or sequential lineup methods but use a photo array of the suspect and fillers
rather than a live lineup.

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CUSTODIAL INVESTIGATION
- involves any questioning initiated by law enforcement officers after a person has been taken into
custody otherwise deprived of his freedom of action in any significant way.
- 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 liability of the
"inviting" officer for any violation of law (RA 7438).
The right to custodial investigation begins only when the investigation is no longer a general inquiry into an
unsolved crime but has begun to focus on a particular suspect, the suspect has been taken into police
custody, the police carry out a process of interrogations that lends itself to eliciting incriminating statements

A. The rights of an accused person under in-custody investigation are expressly enumerated in
Sec. 12, Art. III of the Constitution:
1. Any person under investigation for the commission of an offense shall have the right to be
informed of his rights 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;
2. No torture, force, violence, 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 in violation of this or Sec. 17 (Self-Incrimination Clause) hereof
shall be inadmissible in evidence against him;
4. The law shall provide for penal and civil sanctions for violation of this section as well as
compensation to aid rehabilitation of victims of torture or similar practice and their families.

B. Under RA 7834, the following are the rights of persons arrested, detained or under custodial
investigation:
1. Any person arrested, detained or under custodial investigation shall at all times be assisted by
counsel;
2. Any public officer or employee, or anyone acting under his order or in his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his right to remain silent and to have 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 services of his own counsel, he must be provided with a competent
and independent counsel by the investigating officer;
3. The custodial investigation report shall be reduced to writing by investigating officer, provided
that before such report is signed, or thumb marked if the person arrested or detained does not
know how to read and write, it shall be read and adequately explained to him by his counsel or
by the assisting counsel provided by the investigating officer in the language or dialect known
to such arrested or detained person, otherwise, such investigation report shall be null and void
and of no effect whatsoever;
4. Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in
the latter‘s absence, upon a valid waiver, and in the presence of any of the parents, older
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
 supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding;
5. Any waiver by person arrested or detained under the provisions of Art. 125 of the Revised
Penal Code or under custodial investigation, shall be in writing signed by such person in the
presence of his counsel; otherwise such waiver shall be null and void and of no effect;
6. Any person arrested or detained or under custodial investigation shall be allowed visits by his
or conferences with any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by his counsel, or by any national NGO duly accredited by
the Office of the President. The person‘s ―immediate family shall include his or her spouse,
fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece, and guardian or ward.

Note: REPUBLIC ACT NO. 7438 is “An Act Defining Certain Rights of Person
Arrested, Detained or Under Custodial Investigation as well as the Duties of the
Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations
Thereof”
Three rights are made available by Sec. 12(1) of the 1987 Philippine Constitution:
1. The right to remain silent
2. The right to counsel
3. The right to be informed of his rights

RULE 20. CUSTODIAL INVESTIGATION (REVISED PNP OPERATIONAL PROCEDURE 2013)

20.1 Duties of the Police During Custodial Investigation

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

b. The arresting officer, or the investigator, as the case may be, must inform the person arrested,
detained, or under custodial investigation of the following rights under the Miranda Doctrine in a
language or dialect known to and understood by him:
c. If the person arrested, detained, or under custodial investigation has opted to give a sworn
statement, the arresting officer, or the investigator, as the case may be, must reduce it in;

d. The arresting officer must ensure that, before the sworn statement is signed, or thumb-marked if
there is the inability to read and to write, the document shall be read and adequately explained to
the person arrested, detained or under custodial investigation by his counsel of choice, or by the
assisting counsel provided to him, in the language or dialect known to him;

e. The arresting officer, or the investigator, as the case may be, must ensure that any extrajudicial
confession made by a person arrested, detained or under custodial investigation shall be:
(1) In writing;
(2) Signed by such person in the presence of his counsel; or
(3) In the latter’s absence, upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal
judge, district school supervisor, priest, imam or religious minister chosen by him.

Failure of the arresting officer, or the investigator, to observe the above-mentioned procedures
shall render the extrajudicial confession inadmissible as evidence in any proceeding;

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CONFESSION
It is the declaration of an accused acknowledging his guilt of the offense charged, or of any
offense necessarily included therein.
 The voluntary acknowledgement by a person of his guilt of the offense charged or of any
offense included therein, may be given in evidence against him.

Evidentiary value:
Confessions are admissible against the confessant.
 They are evidence of a high order for the reason that no person in his right senses would admit his
guilt or participation in the commission of a crime, knowing that it would subject him to punishment. He
must be prompted by truth.
 But for purposes of conviction, the confession must be corroborated by evidence of corpus delicti (body
of the crime) according to Section 3 of Rule 133.
 Corpus delicti, or the fact that a crime was committed, has two elements:
(i) an injury or harm which was suffered by a person and
(ii) the cause or origin thereof must be criminal.
As to oral extra-judicial confessions, they afford no conclusive proof of that which they state but merely
present a prima facie case. It may still be proved they were uttered/made in ignorance, or levity or mistake.

JUDICIAL CONFESSION
A judicial confession is a confession that is made in front of a magistrate or in a court. It may be
made in the course of a judicial proceeding.
When the accused pleads guilty during the arraignment, or when the accused testifies and admits
the offense.

EXTRA-JUDICIAL CONFESSION
An extra-judicial confession is a declaration made voluntarily and without compulsion or inducement by
a person under custodial investigation, stating or acknowledging that he had committed or participated in
the commission of a crime. An extra-judicial confession is admissible in evidence if the
following requisites have been satisfied:
it must be voluntary;
it must be made with the assistance of competent and independent counsel;
it must be express; and
it must be in writing.

Custodial:
Includes all situations where a person is under the custody of, or deprived of personal liberty by,
public officials whose functions include the apprehension of criminals and/or investigation of crimes,
who are often the law enforcement agents, as well as those tasked to enforce the law, violated.
Non-custodial:
Either the confessant is not in the custody of any person or is custody but the custodians are private
persons, private security agencies, or of their employers, or even of public officials but who are not law
enforcement agents, such as the Mayor or the Barangay Captain.

REQUIREMENTS FOR ADMISSIBILITY

A. That the confession must be voluntary i.e. it was given freely, knowingly, and intelligently.
The Massiah rule based in the case of Massiah vs. U.S. states that once adversary proceedings have
been commenced against an individual, he is entitled to counsel, and the government may not deliberately
“elicit” incriminating statements from him, neither openly by uniformed officers or by secret agents.
1. The Massiah rule includes “stimulated” conversions to “elicit” incriminating evidence
or any form of “INDIRECT SURREPTITIOUS INTERROGATION”
2. However, Massiah does not apply when a cellmate, who agreed to be an informer,
merely listened to the suspect and did not initiate any conversation purposely to lead
the suspect to “talk”.
Additional Requirement for Custodial Confession to be admissible
 1. The confession must be in writing
2. In a language known or understood by the confessant
3. It was given with the assistance of counsel, or that the right to counsel was properly waived ( in writing
and with the assistance of counsel) and the confessant was properly Mirandized.
a) The giving of the constitutional warnings must appear in the confession and in fact, must
preface the questioning
b) The giving must be in a manner that communicates meaningful information to the confessant
c) Counsel refers to a competent, able, and independent counsel; one who is vigilant and aware of
his responsibility as assisting counsel. He was either chosen by the accused or provided to him
by friends or relatives, or one appointed by the court upon Petition by the confessant or by one
acting on his behalf
d). If counsel is provided by the investigating officer, the counsel shall be deemed engaged by the
confessant if he never raised any objection against the former’s appointment during the
investigation and thereafter subscribed to the veracity of his statement before the administering
officer.
4. It must be signed or thumb-marked by him
Presentation of Confession
1. Through the officer who took the confession who shall identify the confession, the signature of the
accused therein and his counsel if with the assistance of counsel, and who shall testify as to the
giving of the constitutional warnings, and that the giving of the confession as voluntary.
a) The presumption of regularity in the performance of duty cannot be availed of to assume
the constitutional warnings were properly given.
2. Through the testimony of the person to whom the confession was handed, if it was not taken by the
police, or to whom the oral confession was made.
Effects of Judicial vs. Extrajudicial Confessions
A judicial confession is sufficient in itself to sustain a conviction, even in capital offenses. On the
other hand, an extrajudicial confession is insufficient in itself to sustain a conviction. It must be corroborated
by evidence of the corpus delicti.

ADMISSION

It is an act, declaration, or omission as a relevant fact. It may be given by a party or by a

third- party.
The voluntary acknowledgment made expressly or impliedly by a party to a case or by
another by whose statement the party is bound, against his interest, of the existence or truth of such
fact in dispute, material to the issue.
By this meant that a party to a case performed an act, made a declaration/statement
whether oral or written, or omitted to do something, that is contrary to his cause of action or to his
defense, and which may therefore be used as evidence against him.
A. REASON FOR THE RULE: Presumption of truth in the admission that no person would do an act or
declare something contrary to his interest unless such act or declaration is true.
B. REQUIREMENTS FOR ADMISSION
a. It must be relevant to the issues in the case
b. It must be express, certain, definite, and unequivocal.
c. Must be an admission of a fact, not an expression of an opinion
d. Must not be self-serving (Self-serving admissions are those made to favor a declarant) because
they are hearsay.
e. It must have been made freely and voluntarily.

C. HOW TO PROVE.
 An admission may be proved by the testimonies of those who heard the oral statement or to
whom it was given, or who saw the act, and by presenting the written declaration itself.

The following are not admissions of liability or guilt and are therefore not admissible in evidence:

a. Plea of guilty later withdrawn;

b.Unaccepted offer of plea of guilty to a lesser offense;
c. Offer to pay or payment of medical, hospital or other expenses occasioned by an injury.

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INTERVIEW
Interview is the simple questioning of a person believed to possess information, which are relevant
to the investigation of a crime or on criminal activities. In an interview, the interviewee is willing and
cooperative with the person conducting the interview.

General Kinds of Interview

1. Cognitive Interview
- It is conducted with willing and cooperative witnesses, where they are given the full
opportunity to narrate their accounts without intervention, interruption, and interference from the
interviewer. After the subject has finished his narration, the investigator now subjects him to the
style of direct examination and cross-examination, to clarify the unexplained portions to arrive at
a vivid and complete picture of the testimony.
2. Question and Answer.
This interview as practiced by some investigators requires the interviewee to answer the
question posed by the investigator. The interviewee is required to answer what he knows about
what is being asked. In the case of subjects of low levels of intelligence, the use of leading
questions greatly helps the investigator to obtain the full and desired information.
PHASES OF INTERVIEW

1. Preparation. Investigator's review of the facts at the crime scene and questioning serves this
stage. A background data of the subject should be available so that he could adapt himself to
the kind of approach to be employed.
2. Approach. This is done through investigator's careful selection of the kind of approach he will
use, which maybe a single kind, a combination of two or the application of all techniques.
3. Warming Up. This is done by preliminary or exploratory questions to clear the atmosphere,
promote a conducive place for cordiality, respect and trust for each other.
4. Cognitive Interview. This is performed by allowing or asking now the subject to narrate his
account without interruption, intervention or interference. It is only after the completion of the
uninterrupted narration that the investigator begins his direct and cross-examinations.
NTERROGATION.
- Interrogation is the vigorous and confrontational questioning of a reluctant suspect about his
participation in the commission of crime.
- It is confrontational in the sense that the investigator places the guilt on the accused. This process is
applied to an uncooperative or recalcitrant suspect/witness.
- Interrogation is one of the most difficult but most interesting phases of criminal investigation and
detection.
- It is a challenging battle of wit between the investigator and the suspect.

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What is the Golden Rule in Interview?

Never allow the interviewer to conduct nor let anyone to conduct an interview
without prior visit to the crime scene.

What is the Right Principle in Interview and Interrogation?

The RIGHT person asking the RIGHT question to the RIGHT person at the RIGHT
place and at the RIGHT time will get the RIGHT answer.
QUALITIES OF A GOOD INTERVIEWER
2. Rapport. It refers to the good relation between the interviewer and the interviewee, which is
conducive to a fruitful result. It is winning the confidence of a person being interviewed in order
that he will tell all the information. The interviewer must be in a respectable civilian attire
because, most often and for the majority of people, police uniforms are barrier in establishing
good rapport. To many, the uniform is intimidating.
3. Forceful Personality. The appearance of the interviewer and other qualities such as skills of
communication techniques or the force of his language are the mainstays of the strength of his
character. He must be understanding, sympathetic, and without showing official arrogance, the
vulgarity of expressions, and air superiority.
4. Knowledge of Psychology/Psychiatry. This helps the interviewer to determine the personality
and intelligence of his subject; he must go down and up to the level of understanding of his
particular subject.
5. Conversational Tone of Voice. The Investigator's tone of voice must be conversational, not
confrontational as in interrogation. It means that the interviewer must know how to appropriately
use his voice normally, without unusual loudness that may affect the interview process.
6. Acting Qualities. He must possess the qualities of an actor, salesman, and psychologist and
know how to use the power of persuasion to convince the person to disclose what he knows
about the issue being investigated.
7. Humility. He must be courteous, sympathetic, and humble, ready to ask apologies for the
inconvenience of the interview. This is usually done at the end of the interview which may give a
good impression to the person being interviewed.

RULES IN QUESTIONING
1. One Question at a Time. Multiple, complex, and legalistic questions should be avoided. One
question at a time is desired.
2. Avoid Implied Answer. The nod of the head or any other body language as a response to the
questions should be avoided. The answers must be oral, clear, explicit, and responsive to the
questions.
3. Simplicity of Question. A short simple question at a time is required. If the answer needs
qualification, then, it should be allowed. Avoid legalistic questions such as: who is the murderer; or
who is in conspiracy with the subject.
4. Saving Face. Embarrassing questions on the subject on matters of exaggeration or honest errors
about time, distance, and description can be avoided if the investigator will cooperate with the
subject to save his face". The investigator should not fault or ridicule the subject on these matters.
5. Yes and No Answer. Do not ask questions that could be answered by yes or no only. It will curtail
the complete flow of information and will lead to inaccuracy.

GOALS OF INTERROGATION
1. To find out the truth about the crime.
2. To obtain an admission or confession of guilt from the suspect.
3. To gain all facts to determine the method of operation or modus operandi and the circumstances of
the crime in question.
4. To collect information that guides investigators to arrive at a logical conclusion.

What is the main purpose of interrogation?

 To obtain confession or admission from the suspect and to learn relevant information from
uncooperative witnesses.

TECHNIQUES OF INTERROGATION
1. Emotional Appeal. This is a technique where the investigator, combining the skills of an actor and
a psychologist, addresses the suspect with an emotional appeal to confess.
2. Sympathetic Approach. The investigator, in his preliminary or probing questions, must dig deep
into the past troubles, plight, and unfortunate events in the life of the suspect.
3. Friendliness. It refers to a friendly approach coupled with a posture of sincerity; this may induce the
suspect to confess.
4. Trick and Bluff Techniques. The kinds of tricks and bluffs are:
a. Pretense of Solid Evidence. The Investigator bluffs the suspect that even if he does not
confess, there is enough evidence to send him to jail. If he confesses, the investigator will
see to it that his prison term will be within the range of probation.
b. 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 have already confessed.
c. Drama. The weakest link may be used to fake pain and agony by ordering him 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.
d. Feigning Contact with Family Members. The suspect could be tricked that the prober
had gone to the family members who had supplied facts against the suspect. The suspect's
family will be dragged into the investigation if the suspect does not confess.
e. Line Up. The complainant, witness, or victim is requested to point positively to the suspect
in the police line-up but they are previously coached about the identity of the suspect.
f. Reverse Line Up. The suspect is placed among other persons in a lineup and is identified
by several complainants or witnesses who will associate the suspect with other several
crimes. This will cause the suspect to become desperate and confess only to the case
under investigation, to avoid being charged with false accusations
2. Stern Approach. The investigator displays a stern (demands immediate response) personality
towards the suspect by using the following methods:
a. Jolting. In the questioning process, the investigator selects the right moment to shout a
pertinent question in an apparent righteous outrage. The suspect's nerves will break to a
confession.
b. Opportunity to Lie. The suspect is given all the opportunities to lie. The suspect is
questioned about his personal life, family, friends, and his knowledge about the
complainant and witnesses. Then the suspect is questioned about his activity before,
during, and after the commission of the crime. This is repeated many times, to include the
investigator focusing his questions on the knowledge of the suspect of the crime. The
suspect will be enmeshed in contradictions, which is now capitalized by the investigator to
get the truth from the suspect.
c. Mutt and Jeff or Sweet and Sour Method. The first set of investigators must appear to be
rough (dangerous). When they had finished the interrogation, the second investigator
intervened by stopping the first set of investigators. By being sympathetic and
understanding, he begins his interrogation. If the suspect still refuses to cooperate, then the
process is repeated until there is a confession.
d. Removing the Ethnic or Cultural Barrier. If the suspect is an "Ifugao" (person from
Ifugao Province), then preferably, an Ifugao investigator is recommended to interrogate
him, the same with other ethnic or cultural groups. It is the Filipino way of life that we put
our trust and confidence in those who belong to our clan or tribe.
e. Searching for the Soft Spot. In every man's heart, there is always that soft spot. It may be
the youngest child, the wife, the mother, and the brother who acted as his father, the
grandparents, or the best friend. Once discovered, there must be a face-to-face meeting
with that special person and that heart of steel will melt to pieces.
3. Rationalization. It is the use of reasons, which is acceptable to the subject that led to the commission
of the crime. Thus, it may be said that sometimes, killing is a necessity rather than by purpose or
design. Robbery may maybe a necessity to feed a starving family.
4. Projection. It is the act of blaming other persons, not alone on the suspect. The murderer may blame
the mastermind for corrupting him with big sums of money, or the mastermind may blame the
greediness of the victim or the husband may blame the wife for her infidelity.
5. Minimization. It is the act of minimizing the culpability of the suspect. The investigator convinces the
suspect that a confession will reduce the offense and the penalty. Thus, the investigator could study if
there is a way to downgrade murder to homicide or the introduction of mitigating circumstances with
the result of the penalty being within the range of probation.