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The most basic police functions are the protection of lives and properties and
maintenance of peace and orders. When these fundamental tasks are not fully accomplished,
the third basic job must be undertaken – the investigation process which aims and brings the
violator before a proper court of law.
Indeed, the fundamental principles, guide the officer in the processing of a criminals
case, may be applied with equal effectiveness in such specialized inquiries as employment
applicant screening and security investigations.
Crime Scene Investigation (CSI) is one of the most critical stages of any criminal
investigation. The initial actions taken at the crime scene by the First Responders, Investigators
and SOCO Team members at the outset of the investigation are of such vital importance that
oftentimes their actions would determine the outcome of the investigation. However, while CSI
is the most important stage of the investigation in terms of collecting vital forensic evidence and
information, this initial stage is also often the most chaotic and therefore prone to errors.

I. The Anatomy of Crime:

1. Motive
2. Instrumentality or Capability
3. Opportunity

1. The Motive – refers to the reason or cause why a person or group of persons will
perpetrate a crime.
2. The Instrumentality – is the means or implement used in the commission of the crime.
3. The Opportunity – consists of the acts of omission and/or commission by a person (the
victim) which enables another person or group of persons (the criminal/s) to perpetrate
the crime.

II. Definition of Investigation:

The word investigate is defines as “to examine and inquire into something
systematically and thoroughly”. The word investigate can be traced back to the Latin word
investigare, meaning “to search into.” Investigare is based on another Latin word, vestigare,
meaning “to track or to trace.” (Dempsey, 29)
Investigation Is an art which deals with the identity and location of the offender and
provide evidence of his guilt through criminal proceedings (Tradio,2001)

1. Investigation came from the Latin term word “Investigat”, which means “to inquire or to
2. Detection – the action or process of identifying the presence of something concealed.

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

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

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In the performance of his duties, the investigator must seek to establish the six (6)
cardinal points of investigation, namely: what specific offense has been committed; how the
offense was committed; who committed it; where the offense was committed; when it was
committed; and why it was committed.

Note: Criminal investigation is defined as the collection and analysis of facts/truths about
persons, things, places that are subjects of a crime to identify the guilty party, locate the
whereabouts of the guilty party, and provide admissible pieces of evidence to established in the
guilt of parties involved in crime.

III. Phases of Investigations:

The main objective of a police investigator is to gather all facts in order to:
Phase I – identify the perpetrator/s through
1. Confession 3. Circumstantial evidence
2. Eyewitness testimony 4. Associate evidence
Phase II – locate and apprehend suspect/s
1. Surveillance 3. Informants
2. Undercover Assignments
Phase III – gather and provide evidence to establish the guilt of the accused
1. The fact of the existence of the crime must be established
2. The accused must be identified and associated with the crime scene
3. Competent and credible witnesses must be available
4. Physical evidence must be appropriately identified

IV. Four (4) reasons why crime should be punished:

1. Future deterrence of offenders 3. Community safety
2. Deterrence to others 4. Protection of the innocent

V. Head of Criminal Investigation Unit:

The Criminal Investigation unit is headed by a Director with the rank of Chief
Superintendent. The criminal investigation unit shall undertake the monitoring, investigation
and prosecution of all crimes involving economic sabotage, and other crimes of such
magnitude and extent as to indicate their commission by highly placed or professional
criminal syndicates and organizations (Sub-par 4, par (a), Sec. 35, R.A. 8551)
This unit shall likewise investigate all major cases involving violations of laws and
operate against organized groups, unless the President assigns the case exclusively to the
National Bureau of Investigation (NBI).

VI. Criminal Investigation as an Art:

Is an art because it has the POWER in performing certain actions especially acquired by
experience, study and observation (Webster) by this definition; we could see that art is a
power, to perform certain actions that are acquired thru experience, study or even in
observation. This power is not inborn but can be developed. There is a need for the
investigator to study in order to update his/her knowledge. There is also a need to observe on
how other investigators solve the difficult cases they handled.

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VII. Exception on Criminal Investigation as an Art:

Criminal investigation is not an absolute art in the sense that the investigator must inform
his subject of his constitutional rights.

VIII. Legal consequences of an arrested person under custodial investigation is deprived

of the foretasted constitutional rights:
Any testimony or statement taken from the arrested person who is deprived of the three
constitutional rights would be inadmissible as evidence in court.

IX. Three (3) Constitutional Rights of an Arrested Person under Custodial Investigation:
1. The right to remain silent
2. The right to have a counsel of his / her own choice
3. The right to be informed of the nature and the cause of the accusation (Tradio,1)

X. Police Operation vs Police Investigation:

A. Police Operation is a lawful clandestine intelligence and detective networking to gather
information and evidences to determine with certainty the commission of a crime, the
identity of the perpetrators thereof, and as may be necessary, to arrest the culprits under
those instances as authorized by law.
The action whereby a person is subjected to:
1. A warrantless arrest “inflagrante delicto”; or
2. A warrantless arrest in “fresh( hot ) pursuit”; or
3. A warrantless arrest as an incident to the execution of a search warrant; or,
4. A warrantless search as an incident to a lawful arrest; or
5. An arrest by virtue of a warrant of arrest; or,
6. The arrest of escaped prisoner while serving sentence or temporarily confined
while his case is pending; or
7. While being transferred from one confinement to another.
B. The action of initiating a meticulous inquiry to a formal complaint filed by the private
aggrieved party or public complainant after the fact of the incident, but no arrest can be
legally effected against the suspect as the circumstances attendant thereto are not those
specifically allowed by law, is what is called Police Investigation.
XI. Investigation Plan, defined – It is the strategic plan that require proper format that include
tools to be used in managing investigation by applying the basic principle of SMECAC.
A-Administration and Logistic Cost
C-Command and Communication

XII. Investigation Management System, defined – It is the over-all strategy applied in order to
achieve the desired outcome of the case being investigated.

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 2100 B.C. Babylon

At about 1750 BC, Hammurabi, King of Babylon, created one of the first bodies of
written law---the Code of Hammurabi. The code was then implemented to detect those who
refused to obey the law. It imposes the Lex Taliones principle where the punishment of an
offender was equal to what he did. The principle also refers to the concept known as, “An eye
for an eye and a tooth for a tooth.”

 5th Century B.C. (Rome)

This century marked Rome for the creation of the first specialized investigative unit
which was name as Questors or Trackers or Murderers.

 6th Century B.C. (Athens)

This era adopted an unpaid magistrate (judge) to make decisions to the cases presented
to them. This magistrate was appointed by the citizens.

 Reign of Alfred the Great

Alfred the Great established a system of “mutual pledge”, which was organized for the
security of the country into several levels such as the following:
 Ten Tithing – this was done by grouping a hundred of persons into one under the charge
of a high Constable. Hue and Cry were employed. The constable who was considered
the first form of English Police dealt with more serious breaches of the law.
 Tithing – this was performed by grouping 10 persons to protect one another and to
assume responsibility for the acts of the group’s members. The one who heads the group
was called Chief.
Note: William Norman divided England into Shires (districts) and was headed by a
reeve (ruler).

 The Time of Christ (Rome)

 Praetorian Guard – this guard was considered too be the first police officer in Rome,
with the job of protecting the palace of Rome and the emperor.
 Praefectus Urbi – there function was to protect the city, exercising both executive and
judicial power.
 Vigiles of Rome – the vigils began as fire fighters, granted with law enforcement
responsibilities and patrolled Rome’s streets day and night. They were considered as a
civil police force designed to protect citizens. They were considered quite brutal and it is
where the word “Vigilante” came from.

 Jonathan Wild
He was a buckle makes and a brothel operator and a master criminal who became the
London’s most famous thief catcher in 1720s.

 Henry Fielding
He founded the Bow Street Runners. This was called London’s first professional police
force and was considered as the foundation of all modern police forces. Henry published a
pamphlet entitled ‘An inquiry into the causes of the late increase of robbers.”

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 John Fielding
As a younger brother of Henry Fielding, he was appointed as Henry’s personal assistant
in 1750. The blind John was known as the “Blind Beak” and allegedly abled to recognize 3,000
criminals by the sounds of their voices.

 Patrick Colquhoun
Patrick Colquhoun published a book known as, “The Commerce and Policing of the
River Thames”. Colquhoun together with Master Mariner John Harriott developed the Marine
Police Force or sometimes known as the Thames River Police. It was said to be England’s first
police force.

 Eugene “Francois” Vidocq

He established a squad of ex-convicts to aid the Paris Police in investigating crimes. He
worked under the theory of “Set a thief to catch a thief.” He introduced the concept of “Trade
Protection Society,” which became the forerunner of our present-day credit system. Vidocq was
considered as the Father of Modern Criminology in the French Police Department. He was also
regarded as the first private detective.

 Sir Robert Peel

Peel established the London Metropolitan Police Force, which became the world’s first
modern organized police force. London Metropolitan Police employed the first undercover
officer. Sir Robert Peel was regarded as the “Father of Modern Policing.” His most memorable
principle was, “the police are the public, and the public are the police.

 England (1833)
Scotland Yard employed the first undercover officer. In USA, the first daytime paid police
department was established in Philadelphia.

 Texas Rangers
Texas rangers was organized as the first law enforcement agency with statewide
investigative authority. This is the forerunner of the Federal Bureau of Investigation (FBI).

 Boston, Massachusetts, USA

Multi-suspects identification line-up was employed for the first time.

 Charles Dickens
He was great novelist in which through his story entitled Bleak House, he introduced the
term detective to the English language.

 Kate Wayne
He was the first woman detective in the history of criminal investigation; she was hired
by the Pinkerton Agency.

 Thomas Byrnes
He was a keen-minded individual who trained his detectives in recognizing individual
criminal techniques. He founded the criminal “modus operandi.” This is a Latin phrase
approximately translated as “Method of Operation.”

 Jessie James Gang

The gang made the first hold-up which marked the beginning of the gang’s 15 year hold-
up and robbery spree. Clay County Savings Association was their first victim and took $60,000.

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 Howard Vincent
He headed the newly organized Criminal Investigation Department in Scotland Yard.

 Paul Leland Kirk

He published “Crime Investigation” in 1953, one of the first comprehensive criminalistics
and crime investigation textbooks that encompassed theory in addition to practice.

 Allan Pinkerton
In 1850, he organized the Pinkerton’s National Detective Agency and was appointed as
the first city detective in Chicago. Allan Pinkerton was considered as the America’s foremost
private detective and titled as the America’s Founder of Criminal Investigation.

 Dr. Hans Gross

He is recognized today as the “Father of Criminalistics/Forensic Science.”

 Flaviano Guerrero
Guerrero is the only Filipino member of the United States Federal Bureau of

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I. Criminal Investigator, defined:

Is a person who is charged with the duty of carrying on the objectives of criminal
investigation. He is also the one to identify and locate the guilty party and provide evidences of
his guilt (Tradio, 2000:2)
According to Garcia (2000), a criminal investigator is the skilled person who is charged
with the duty of conducting criminal investigation when a crime is committed.

II. Qualifications of a Criminal Investigator:

1. The investigator is an specialist, he must have adequate training and work experience to
develop the appropriate technical skills required of his position.
2. He must be self-starting and highly motivated to carry out his assignment in the face of
adversities or apparent hopelessness; and
3. He must possess particular personality traits that will permit him to fully exercise his
investigative talents.

III. Cardinal Question in Criminal Investigation:

Criminal investigation answer the cardinal questions which are the FIVE (5) wives and
one (1) husband in CI which represent the following;
1. What 4. Why
2. Where 5. When
3. Who 6.How

IV. Primary Job of an Investigator:

The primary job of an investigator is to determine whether or not an offense has been
committed under the law. He determines what specific offense has been committed. He must
discover the following;

V. Qualities of an Investigator:
1. Perseverance – Steadfastness, persistence and resolution to bring the desired
conclusion in spite of obstacle connected with the criminal investigation.
2. Endurance – the ability to last physically and mentally, hence, he must have the extra
ordinary physical and mental energy, enduring sleepless nights and tiresome days and
the working knowledge of martial arts and firearms proficiency.
3. Incorruptible honesty and Integrity – in the practice of his/her art, there is the ever
temptations of money, women and drinks, where these are present in every corner
playing tricks of temptations.
4. Intelligence and Wisdom of Solomon – this is very important in order that the
investigator could easily decipher falsehood from truth and separate the grain from the

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5. He must have an understanding of the people and the environment in which he

lives – Knowledge of the psychology of human behavior is essential to the investigator.
The investigator should be aware of the factors within the social pattern that contribute to
the kind of behavior exhibited by the individual (Tradio, 2000;2)

VI. Functions of the Investigator:

1. Provide emergency assistance – If an injured person is on the scene, arrange for
medical attention, identification and removal
2. Secure the crime scene – Ensure its protection by using other policemen or other
responsible persons to keep witnesses, suspects and victim(s) who are present from
disturbing the scene.
3. Photograph, videotape and sketch – (1) Supply the maximum information and to
understand how the crime was committed (2) to visualize objects and scenes pertinent to
the case
4. Take notes – Notes become permanent records in the case and have the inherent
integrity of records prepared in the performance of official duties
5. Search for, obtain and process physical evidence – Collect physical evidence with
adequate sampling considering the quantity available at the crime scene and the amount
needed for the laboratory test
6. Taking of Sworn Statements of Suspects – The execution of a suspect’s “Waiver” as
stipulated in Art 125 of the RPC shall always be done in the presence of his chosen
counsel or any independent counsel.
7. Sworn Statement/s of the Witnesses – (1) Sworn Statement of Affidavit of
complainant/s and witnesses must be taken immediately by the investigator (2) Affidavit
of arrest of arresting officer must be taken immediately not later than 24 hours (3) In
inquest cases, the investigator and the arresting officer/s shall observe Art.125 of the
Revised Penal Code
8. Preparation of Reports and Filing of Charges – (1) Spot Report within 24 hrs to Higher
Headquarters (2) Progress Report (3) After Operation Report (4) Final report after the
case is filed before the Prosecutor’s office or court (5) Accomplishment Report.
9. Follow-up of Case – Conduct police operation to identify and apprehend suspect/s
based on the results of the initial investigation conducted.
10. Testify in court – Ensure attendance during court hearings

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I. INFORMATION – Data gathered by an investigator from other persons including the victim
himself and from:
a. Public records – information gathered from records and files of the Police, other law
enforcement agencies, Company records, Public Hospital records and others.
b. Private records – information gathered from cultivated sources such as paid informants,
bartenders, taxi drivers, and vendors and from the internet such as facebook, and others.
c. Modus Operandi file – information gathered from a CCTV camera, witnesses, and
arrested suspect/s, and from Police and other law enforcement files.

Modus Operandi, defined -- It is the method of operation by specific criminal or criminal

syndicates. It is the distinct pattern of how a crime is committed and is established by a
series of crimes under one classification. The modus operandi of one criminal is distinct
and different from the other. (Garcia,26)

Other definitions:
1. is the mode of operation of the criminals or lawless elements
2. MO means the method of operation.

The Importance of Modus Operandi:

1.) It is on of the most useful means of identifying unknown fugitives. Thus every
investigation unit should maintain a modus operandi file or records.
2.) Use for Security Education Programs of the citizenry over the radio or television
programs or in seminars about safety education. (Garcia,26)

A. Information Classified as to Sources:

1. Regular Source – records, files from government or non-government agencies, news
items include the TV broadcast, intercepted radio communication, telephone
messages and stored computer data.
2. Cultivated Sources – information furnished by informants or informers.
3. Grapevines Sources – these are information coming from underworld characters
such as prisoner or ex-convicts. (O’ Hara , 7)

II. INTERROGATION & INTERVIEW – Interrogation is the skillful questioning of witnesses and
suspects while the interview is the simple questioning of the person who cooperates with the

it is the process of obtaining an admission or confession from those suspects
who have committed a crime. It is also the process of questioning the person who is
reluctant to make a full disclosure of information in his possession which is pertinent to the
investigation. (Tradio,30)

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A. Qualification of an Interrogator:
1. General Knowledge – general knowledge can be acquired by developing
intellectual curiosity and keen sense of observation.
2. Alertness – interrogator must be constantly alert so that he can analyze the
subject accurately and adopt the technique proper for the occasion. He must be
immediately aware of contradictory information, gaps in the subject’s story and
unexplored leads.
3. Perseverance – patient to obtain accurate and complete information, especially
with uncooperative subjects.
4. Logical Mind – questioning must be logical to make the narration clear.
5. Power of self control – loss of temper results in a neglect of important
details. (Tradio,31)

B. Purposes of Interrogation:
1. To obtain a confession to the crime.
2. To induce the subject to make an admission.
3. To learn the facts and circumstances surrounding the crime.
4. To learn the identity of the accomplices.
5. To develop information which will lead to the recovery of the fruits of the crime.
6. To discover the details of other crimes participated in by the suspect.

C. Before the start of the Interrogation, what should the investigator know?
C1. As to the Offense Itself:
1. Legal nature of the offensive conduct – ex. Physical injury, robbery, etc.
2. Date, time, and place of occurrence.
3. Description of the crime area and of the crime scene itself.
4. The way in which the crime appears to have been committed and the known
details of its commission.
5. Possible motive of its commission.
6. Incriminating factors respecting a particular suspect.

C.2. As to the Suspect(s)

1. Personal background information as to age, education, marital status, financial
and social circumstances, and criminal records, if any.
2. Present physical and mental condition, as well as the medical history, including
such facts as addition to dope or alcohol.
3. Attitude toward the investigation (ex. hostile, cooperative).
4. Relationship to victim or crime scene.
5. Incriminating facts or possible motives.
6. Alibi or other statements that the suspect has related to the investigator
7. Religious or fraternal affiliations or prejudices.
8. Home environment.
9. Social attitudes in general.
10. Hobbies.
11. Sexual interest or deviations.
12. Abilities or opportunities to commit the offense.

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C3. As to the Victim:

1. If a company or other institution
a. Attitude and practice toward employees and public.
b. Financial status (insured against losses)
2. If a person
a. The nature of injury or harm and the details thereof.
b. Age, sex, marital status, family responsibilities (number or dependents)
c. Social attitudes regarding race, nationality, religion, etc.
d. Financial and social circumstances.
e. Physical and mental characteristics.
f. Sexual interest and durations.
g. Blackmail potentialities. (Imbau & Reid)

D. Attitude of the Investigator in the Interrogation Room:

a. Dominate the Interview – the strength of the personality of the interrogator must
dominate and command the situation.
b. Distracting Mannerisms – anything that will distract the attention of the subject
should be avoided.
c. Language – the language of the interrogator must be in consonance with the level of
the subject’s mentality.
d. Dress – civilian dress is more likely to inspire confidence and friendship in a criminal
than a uniform.
e. Preliminary Conduct – it is advisable to identify yourself and inform the subject of the
purpose of the investigation
f. Presence of other person(s) – limit the number of persons present during the
interrogation. Ordinarily the investigator or rather the interrogator should be alone with
the subject and that other parties maybe called in for specific purposes, such as
signing the confession.
g. Place – Interrogation must be in an office or room where the interrogator shall have
psychological advantage. In the subject’s home, he may be confident, indignant or

E. Description of Interrogation Room:

The room must be free from distraction and should be designed not to give more
encouragement for the suspect.

F. These are the ideal requirements of the room:

1. Privacy
a. Only one door
b. Absence of windows or view
c. Sound-proof
d. Telephone without a bell

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2. Simplicity
a. Medium-size room
b. Bare walls
c. No glaring lights
d. Minimum furniture
3. Seating Arrangement
a. Chair (armless)
b. Table or desk (flat surface wherein the interrogator can write and place the
c. Seat of suspect (his back must be facing the door to prevent the interruption of the
person getting inside)
4. Technical Aids – interrogator may allow other person to be present. Person like the
prosecuting officer will have the opportunity to observe the subject and the complainant
as well. The following are the technical aids;
a. Recording Installation – conversation must be recorded.
b. Listening Device – hidden microphone and others.
c. Two-way mirror or one way mirror (Tradio,34)

G. Types of Interrogation:
1. Narrative Type – the interrogator gets the subjects story as narrated.
2. Question and Answer Type – if the subject is tacking, the investigator must wait until
the completion of the narration and then ask questions. (Tradio, 36)

H. Different Technique in Interrogation:

1. Emotional Appeal – investigator should combine the character of an actor and
physical psychologist. He must be able to analyze the personality of the subject within
a short period of time. Create a good atmosphere to give confession.
2. Sympathetic Approach – interrogator must listen to the subject’s story of his
troubles, plight and unfortunate situation. An offer of friendship and acts of kindness
may win his cooperation.
3. Friendliness – a friendly approach may induce the subject to confession. (Tradio,36)

Form of Friendliness:
a. Helpful Advisor – it is like that the interrogator and the subject is friend, then the
subject explains the whole thing to his friend which is the investigator.
b. Sympathetic Brother – the interrogator treat the subject as his older or younger
brother, the purpose is still to obtain confession.
c. Extenuation – the suspect were to give the details of the unfortunate incident, his
friend, the investigator could present the affair in its true light.
d. Shifting the Blame – if the subject commits a crime in the first time, the
investigator maybe able to present the incident that it could be happened to
anyone. A full narration may convince the subject to change their minds.
e. Role of Mutt and Jeff – one investigator will act stiffly and going to waste any
time until the guilty party is punished, while the other will be kind-hearted. The
kind-hearted investigator will plea for the cooperation while the other is away.

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f. Creating and Increasing the feeling of Anxiety – suspect is in the state of

emotional confession, unable to think logically and clearly and his sense of value
is disturbed. The investigator may obtain confession or admission if he further
misrepresents the picture. (Tradio,36)

Methods of Promoting Anxiety:

1.) Exaggerating Fear – the interrogator persistently points out that the subject
“cannot win” and that there has been no perfect crime. His continued silence
may affect his love ones.
2.) Greater or Lesser Guilt – A certain criminal act may constitute different kinds
of offenses which maybe grave or light. The investigator may represent
himself to be interested with minor ones. The subject, who is afraid only of
the grave consequences maybe free to talk or may confess to a minor
3.) The Line-up – the witness, complainant, or victim are requested to recognize
the subject among the group of men in a line-up. A police line-up is
composed of 7-10 persons.
4.) Reverse Line-up – the accused is placed in line-up and he is identified by
several fictitious witnesses or victims who associated him with different
offenses. It is expected that the subject will become desperate and confess to
the offense under investigation in order to escape from the false accusations.
5.) Bluff on a Split Pair – this is applicable when there are more than one
suspect. The suspects are separated and one is informed that other has

4. Stern Approach – A judicious application of the following techniques may be useful

to highly probable guilty subjects:
a. Pretense of Physical Evidence – the investigator may pretend that certain
physical evidence has been found by laboratory experts against him.
b. Jolting – maybe applied to calm and nervous subjects.
c. Indifference – the investigator will discuss the case with another investigator in the
presence of the subject. The aim is to induce the subject to plead them.
d. Questioning as a Formality – The interrogator ask a series of question as if it is a
necessary of formality in his routine duty. He gives the impression that he knows
the answer, but that he is required to ask the question in consideration of the right
of the accused. When the answer is not that which the interrogator expects, he
puts down his pencil skeptically, looks at the suspect, stares at his notes and
shakes his head ruefully. Prolonged silence will work with equal effectiveness.
e. Affording an Opportunity to Lie – The interrogator first asks for detail information
concerning the subjects back ground and narration of the incident happened. From
this the investigator will be able to detect weak points, such lies, inconsistencies,
improbilities, and gaps.

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I. Physiological Symptoms of Guilt:

1. Sweating 4. Pulse
2. Color Change 5. Breathing. (Garcia,51)
3. Dry Mouth

J. Methods of Reproducing an Interview or Interrogation:

1. Mental Note relying on simple memory.
2. Written Note necessarily be sketchy.
3. Stenographic Notes presence of a stenographer.
4. Sound Recording the simpliest and most practical means of reproducing
the interrogation.
5. Sound Motion Picture combination of sound and sight which most nearly
represents to senses the event itself.

K. General Types of Recording:

1. Overt Transcript the recording may come from the investigator or the
interviewee himself. The subject was aware that the
interview was recorded.
2.Surreptitious Transcript this is the recording of the interview without the
knowledge of the subject. (Tradio,41)

L. Classifications of Interrogations:
1. Investigatory Interrogation – is the questioning of a person by police officers in a
routine manner when the investigation has not yet reached the stage where an
accusation can be made. The person being questioned is not in legal custody, and his
or her freedom of movement has not been limited in any significant way.
2. Custodial Interrogation – is the questioning of a person who has been taken into
custody by police officers or has otherwise been deprived of his freedom of
movement. (Brown, 43)

II. INTERVIEW, defined:

Interview is the simple questioning of the person who cooperates with the

Other definition:
An interview is the questioning of person who is believes to possess knowledge
that is official interest to the investigator. In an interview, the person questioned usually
gives his account of an incident under investigation or offers information concerning a
person being investigated in his own manner and words. (Tradio, 23)
A. Background Interview, defined:
Background interview is the simplest type of interview which concerns itself with
the gathering of information regarding the background of a person.

B. Stages of Interview in Criminal Cases

1. Preparation – before the actual interview, the investigator should mentally review the
case and consider what information the subject can contribute. He must acquaint

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himself with the background of the witness, plan his interview and when necessary,
prove himself with a checklist of the important points of the future interview.
2. Approach – on the first meeting, with the investigator and the witness, the
investigators should inform the subject of his identity. This is done to avoid
misunderstanding for the future changes of misrepresentation.
3. Warming Up – preliminary subject matter of the conversation must be focused to
warm-up the atmosphere, to promote cordiality and trust with each other. The witness
should be given every opportunity to give a complete account without interruption.
4. Questioning – the interviewer or the investigator should start questioning on points
he wants to elicit. Elements of the offense and his knowledge of the crime should
guide the investigator in his questioning. (Tradio,26)

C. The Techniques in interviewing personality of the Subject

1. Children – the children may indulge in fancy in the course of the interview. A child
under six may invent a story in reply to a question. An older child from six to ten may
tend to distort the story. The only advantage to an older child is his ability to observe,
remember, and express himself and the absence of motive and prejudices.
2. Boys – most of the boys are alert and can described events and objects as they
appear to him. His perceptions are not dulled by age to preoccupation with cares and
he has a desire of or to communicate truth. (Tradio, 27)
3. Girls – girls when young are intensely interested in the world as it reacts to her. They
can be excellent sources of information because they can observe with interest
events intrinsically boring. But young girls may become dangerous witnesses
because they may permit themselves to place fantastic interpretations on their action
or they may have the tendency to exaggerate.
4. Young Persons – they usually pre-occupied and this pre-occupation prevents them
from being is\deal witness. Young persons are inclined to be truthful, but their
testimony is not strengthened by any great power of observations. (Tradio, 27)
5. Middle-aged Persons – they are keenly aware of their fellow beings at other age
levels. Their faculties and mature judgment is unimpaired. They are the ideal
6. Older Person – they are physically impaired and have the tendency to regress, but
intelligent. Older persons are effective witness because of maturity of judgment.
(Tradio, 27)
D. Qualification of an Interviewer
1. Rapport – good relationship between the interviewer and the subject. The investigator
must endeavor to win the confidence of the subject wherever this is possible.
2. Forceful personality – he may induce trust and confidence to the subject by the
strength of his character. He must be sympathetic and understanding without any air
of superiority. (Garcia,27)
3. Breath of Interest – it is necessary for the interviewer and the subject to develop a
meeting ground of interest. The interviewer must have sympathetic personality, broad
practical knowledge and knows the background of the subject. He must be also

Criminal Detection and Investigation 1


acquainted with the social behavior and life of gamblers, temperament of storekeeper
and etc.
4. Qualities of sales man, an actor and psychologist – me must possess insight
intelligence and persuasiveness. His speech should be suited to the situation.
(PSBRC, 23)

E. Types and attitudes of Subjects

1. Know–nothing type – these are who are reluctant to become witnesses and
particular true among uneducated persons. (Garcia,32)
2. Disinterested type – uncooperative, indifferent persons must be aroused. He should
at first be flattered to develop a pride in his ability to supply information.(Garcia,32)
3. Drunken type – flattery will encourage the drunk to answer questions and develop
interest. It is not advisable to take written statements from a person when he is drunk.
4. Suspicious Type – fear must be removed and the investigator should apply
psychological pressure. Let him think that his non-cooperation will look against him.
5. Talkative Type – the investigator must find ways and means to shift his talkativeness
to those matters useful in the investigation.
6. Honest Type – honest and cooperative witnesses will be the ideal witnesses with little
care and guidance.
7. Deceitful Type – he should be permitted to lie until he is well enmeshed with
falsehoods and inconsistencies.
8. Timid Type – the investigator should employ friendly approach and should spend
some time in explaining that the information obtained will be treated as a confidential
9. Boasting Egoistic, or Egocentric Witness – patience and flattery are necessary for
they will be good witnesses because of their drive towards self expression.
Unfortunately they are prone to color their story and put unwarranted emphasis in
their own part.
10. Refusal to Talk Witness – most difficult, but the investigator must preserve and
neutral topics must first be taken.(Garcia,33)

F. Types of Witness:
1. Primary witness – are individuals who have direct knowledge of the crime in question
or of the suspected perpetrator of the crime.

Classification of primary witness:

a. Eyewitness – are individuals who saw the crime occur or saw related events that
occurred just prior to or just after the crime.
b. Non-eyewitness – are individuals who heard the crime occur or heard events just
before or after the crime.

2. Secondary witness – are individuals who possess information about related events
before or after the crime. Confidential informants or “street sources” are most likely to
be secondary witnesses.(Brandl, 204)

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G. Methods of Eyewitness Identification:

1. The witness providing information for the development of a picture of the perpetrator.
2. The witness viewing mug shot books (collection of photographs of previously arrested
or detained persons).
3. The witness viewing the suspect in a show-up situation during which the suspect is
detained by the police at the scene of the crime or at another place.
4. The witness viewing photographs of the suspect and others in a photo lineup or photo
5. The witness actually viewing the suspect and others in a physical, or live, lineup.

III. INSTRUMENTATION – Scientific examination of real evidence, application of instrument and

methods of the physical sciences in detecting crime.

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Criminal Detection and Investigation 1




I. ADMISSION, defined:
Admission is a self-incriminatory statement by the subject falling short of the
acknowledgement of the guilt. It is the acknowledgement of the fact or circumstances from
which guilt may be inferred. It implicates but does not incriminates. Coupled with circumstances
such as the existence of motive. The admission may provide an inference of guilt. (Tradio,41)
In civil proceedings admission is the facts or part of the case admitted, or taken to be
admitted by parties to an action. Admission made in answer to interrogation. (Curzon,1988)
Admission is also an acknowledgement of a fact or circumstances without accepting
guilt. Guilt maybe inferred in admission. It implicated but does not incriminate. Coupled with
circumstances such as the existence of a motive, the admission may provide an inference of
guilt. (Garcia,43)

II. CONFESSION, defined:

Confession is a direct acknowledgment of the truth of the guilty facts as charged of some
essential part of the commission of the criminal act itself. (Tradio,42)
According to Garcia(2000), confession is the acknowledgement of the guilt arising from
the commission of a crime.

Confession Admission
There is declaration of the person (accused) There is a statement of the person (accused)
The accused acknowledged guilt from the The person only agreed on facts or
commission of a crime circumstances of the crime
Guilt is admitted There is no acceptance of guilt

A. Admissibility of Confession:
In order that the confession be admissible in court, it is necessary that such confession
be made by the accused voluntarily. These are the requirements in order confession be
admissible in court of justice;
1. Statement obtained without coercion and free from any force or intimidation.
2. Statement obtained by urging or request was spontaneous or self-induced utterance
of the accused.
3. Statement obtained during an official investigation after the accused was informed of
the nature of the offense, and that of fact might be used as evidence against him at a
trial. (Tradio,42)

B.. Kinds of Confession:

1. Extra Judicial Confession – those made by the suspect during custodial
investigation. Simply explained are that those confession are made outside the court
of justice.
2. Judicial Confession – those confession made by the accused in open Court. The
plea of guilty maybe during arraignment or at any stage of the proceedings where the
accused changes his plea of not guilty to guilty. (Garcia,44)

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C. Classification of Confessions:
1. Voluntary confession – confession made spontaneously by a person, free from any
influencing situations. The person confessing does so freely.
2. Involuntary confession – confession given because of hope, a promise made, fear
of violence or actual violence, torture, or threats.
3. Implied confession – confession in which the defendant does not admit to the crime
verbally. However, guilt is deemed admitted because the defendant places himself at
the mercy of the court and asks for a light sentence for the crime. The guilt is implied
because of the statements made to the court.
4. Indirect confession – a confession that is inferred from the conduct of the defendant,
not by what he says, but by his actions.
5. Judicial confession – a guilty plea or some other similar action or conduct in court
during a judicial proceeding.
6. Interlocking confessions – two or more people are charged with the same crime. All
the parties confess, the confessions are substantially the same, and each is
consistent with the others regarding the major elements of the crime.

D. Rules to be observed in Taking Confession:

a. The confession need not be in writing, or if in writing, need not be signed or made
under oath. Oral confession of an accused indicating complicity in the commission of
the crime is admissible in evidence. The fact that the statement was not sworn to
before any officer authorized to administer oath does not render the statement
inadmissible or of no probative value.
b. The confession may be written in the language, which the accused does not speak or
understand, provided it has been translated to him.
c. The confession must be freely and voluntarily made. By voluntary, it means that the
accused speaks of his free will and accord, without inducement of any kind, and with
full and complete knowledge of the nature and consequences of the confession; and
when the speaking is so free from the influences affecting the will of the accused at
the time the confession was made. In the determination and situation of the accused
at the time it was made are important considerations.

E. Witnesses to the Confession:

Witnesses maybe introduced so that they can later testify to the following:
1. That the subject read and revised the entire statement with the investigator.
2. That the subject objected to certain words, phrases or statements.
3. That the corrected certain words, phrases and initiated the correction.
4. The he apparently understood the contents of the confession.
5. That he was in his right senses, knew what he was doing, and acted voluntarily.
6. That he acknowledge the statement to be true and correct.


A deposition is the testimony of a witness reduced to writing under oath or affirmation,
before a person empowered to administer oaths in answer to interrogatories and cross-
interrogations submitted by the part desiring the deposition and the opposite party. (Tradio, 42)

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A. Purpose of Obtaining Statements:

1. To provide a written records for the case file.
2. For use by the prosecution at the trial to refresh recollection, impeach witnesses
3. To discourage a witness from wrongfully changing his testimony at the trial
4. To enable the prosecution to plan its presentation by reducing the element of surprise

B. Swearing to the Statement:

The investigator should instruct the subject to raise his right hand. The
investigator should also raise his right hand and proceed to recite the oath. It is desirable
that during the oath, all persons should stand. The following maybe recommended oath.
Do you (state name of subject) solemnly swear that the statement which you
have made and to which you are about to affix your signature is the truth, the whole
truth, and nothing but the truth.

After the subject has been sworn, the statement is signed by the subject, the
investigator or the person administering the oath, and the witness.




Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

Section 1. Statement of Policy. – It is the policy of the state to value the dignity of every
human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained, or Under Custodial Investigation; Duties
of Public Officers. – (a) any person arrested, detained or under custodial investigation shall at
all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or in his place, who
arrests, detained 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 rights to remain silent and to have
competent and independent counsel, preferably of his own choice, who shall at all times be
allowed to confer private with the person arrested, detained or under custodial investigation. If
such person cannot afford the service of his own counsel, he must be provided with competent
and incompetent counsel by the investigation officer.
(c) The custodial investigation report shall be reduced to writing by the 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 effect whatever.

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(d) Any extrajudicial confession made by 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 evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of
the RPC, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise such waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed
visits by or conferences with any member of his immediate family, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or by his
counsel, or by any national nongovernmental organization duly accredited by the Commission
on Human Rights or by any international nongovernmental organization duly accredited by the
Office of the President. The person’s immediate family shall include his or her spouse, fiancée,
parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.

As used in this Act, “custodial investigation shall include the practice of issuing an
“invitation” to a person who is investigated in connection with an offense he is suspected to
have committed, without prejudice to the validity of “inviting” officer for any violation of law.
Section 3. Assisting Counsel. –Assisting counsel is any lawyer, except those directly affected
by the case, those charged with conducting preliminary investigation or those charged with the
prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the
following fees:

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is
chargeable with light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with capital offenses.
The fee for the assisting counsel shall be paid by city or municipality where the custodial
investigation shall be conducted, provided that if the municipality or city cannot pay such fee,
the province comprising such municipality or city shall pay the fee: Provided, that the
Municipality or City Treasurer must certify that no funds are available to pay the fees of assisting
counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the
suspected person can only be detained by the investigating officer in accordance with the
provision of Article 125 of the RPC.
Section 4. Penalty Clause. –a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of his
right to remain silent and to have competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual
absolute disqualification shall be imposed upon the investigating officer who has been
previously convicted of a similar offense.

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The same penalties shall be imposed upon a public officer or employee, or anyone
acting upon orders of such investigating officer or in his place, who fails to provide a competent
and independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel.
b) Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any medical
doctor or priest or religious minister chosen by him or by any member of his immediate family or
by his counsel, form visiting and conferring privately with him, or form examining and treating
him, or form ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the
night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six
(6) years, and a fine of Four thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures as may
be necessary to secure his safety and prevent his escape.
Section 5. Repealing Clause. –Republic Act No. 857, as amended, is hereby repealed.
Otherwise laws, presidential decrees, executive orders or rules and regulations, or parts thereof
inconsistent with the provisions of this Act are repealed or modified accordingly.
Section 6. Effectivity. –This Act shall take effect fifteen (15) days following its publication in the
Official Gazette or in any daily newspaper of general circulation in the Philippines.
Approved, April 27, 1992.

Rights of the Accused during Custodial Investigation:

a. To be informed of the right to remain silent.
b. To have competent and independent counsel, preferably of his own choice
c. If the subject cannot afford the service of counsel , he must be provided with one who is
competent and if his choice
d. The right cannot be waived except in writing and in the presence of his competent and
personally chosen counsel
e. The right to be informed of the above rights. (Bermas,6)

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I. INFORMANTS, defined:
An informant is a person who gives information to the investigator. He may give the
information openly and even offer to be a witness, or he may inform the investigator
surreptitiously and request to remain anonymous. (Tradio, 46)
An informant is any person who furnished the police information relevant to a criminal
case about the activities of a criminal or syndicates. The informant may openly give the
information or offer he to be a witness. The other kind is, the one who furnished the policeman
information surreptitiously and opts to remain anonymous. (Garcia,35)


Confidential informant is a person who provides an investigator with confidential
information’s concerning a past or projected crime and does not wish to be known as the source
of the information. The investigator should take a special precautions to protect the identity of
such an informant because of his value as a source on the disclosure of the crimes. (Tradio, 46)

A. Types of Informants:
1. Anonymous Informant – He may be an anonymous telephone caller or anonymous
letter writer. If the person seems to have real information, get all the possible fact, but:
a. do not reveal any information you may have by stating that you already know what
is being told to you.
b. do not let your telephone conversation disclose facts which should not leak out.
c. do not let caller press you to reveal facts.
d. do not let the tendency to “show off” or to impress your anonymous caller with
what you already know to get the better of you.
e. do not let your caller find out more from you than you from him.
2. Rival-Elimination Informant – it is usually anonymous. His purpose in informing is to
eliminate rival or competition.
3. False Informant – reveals information usually of no consequence or stuff concocted
of thin air. He may do so out of the desire to appear to be on the side of law and order
and for the purpose of throwing suspicion from himself or his gang or associates.
4. Frightened Informant – maybe prodded by fear or self-interest. He is usually
motivated by anxiety for his own well-being and will furnish information as a protective
device and as a means of sustaining his own feeling of self-importance. This type is
the weakest link in the criminal chain.
5. Self-aggrandizing Informant – Hang about the fringes of the underworld and
delights in surprising the police with choice bits of information. From time to time, his
information maybe of value.
6. Mercenary Informant – has something to sell. He maybe a valuable source.
Sometimes there is a revenge motive present.

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7. Double crosser Informant – uses his seeming desire to give information as an

excuse to talk to the police in order to get more information from them than he gives.
It is well to feed this informant false information to catch him.
8. Woman Informant – maybe the female associate of any criminal. She maybe able to
give valuable information, but the investigator must beware because “the female
specie is more deadly than the male”.
9. Legitimate Informant – will include operators of licensed premises who do not want
their place of business to become hangouts of dangerous criminals. (Tradio, 48)

B. Possible Motives of the Informants in giving information:

1. Vanity – the self aggrandizing person who delights in giving information to gain
favorable attention from the police authorities.
2. Civic Mindedness – the public spirited person of good standing in the community
who is interested in seeing that justice is done.
3. Fear – the person under an illusion of oppression by enemies or of other pending
4. Repentance – the person, usually an accomplice who has a change of heart and
wishes to report a crime that is prying on his conscience.
5. Avoidance of Punishment – the person who is apprehended in the commission of a
minor offense and seeks to avoid prosecution by revealing information concerning a
major crime.
6. Gratitude or Gain – the person who is willing to cooperate in giving information to
express appreciation or to obtain a privilege, such as one who is arrested and desires
cigarettes or other items, or a former prisoner who wishes to repay the police officer’s
interest in the welfare of his family during his detention.
7. Competition – the person who is wishing by this meant to eliminate his competitors.
8. Revenge – the person who wishes to settle a grudge because someone else
informed against him took advantage of him or otherwise injured him.
9. Jealousy – a person who is envious of the accomplishments of possession of another
and wishes to humiliate him.
10. Remuneration – the person who informs solely for the monetary or other material
gain he is to receive. (Tradio, 49)

C. Investigator Obtain and Protect Informants:

Every investigator usually has a number of confidential informants drawn from
various classes and occupation. He must develop their friendship and cooperation over
the course of year.

The investigator has the duty to protect the identity of the informants, first as the
matter of ethical practice, and second, because of the danger of undermining the
confidence of his source. Moreover, the identity of the informants should not be
disclosed unless necessary to the proper authorities. In order that the informants be still
continue to give information the investigator should follow the general rules regarding
this relationship, these are the following:

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a. Fair treatment – the informants should be treated considerately, regardless of his

character, education, or occupation.
b. Reliability – this investigator should be scrupulous in the fulfillment of all ethical
promises which he may make. Any other police results in distrusts and loss of the
c. Control – the informant should not be permitted or given a chance to take charge
any of the phase of the investigation. (Tradio,49)

D. Dismissal of the Informant:

When the services of the informant are no longer necessary or when he becomes
undesirable, arrangement for his dismissal must be made.

1. The investigator should avoid antagonizing the informant or otherwise creating an

unfavorable reaction to the police organization.
2. If there is a file of informants in the unit, the reason for his dismissal must be in writing
for future reference.
3. An informant maybe dismissed because of ineptitude, security risk, criminal record or
act, submitting false information, etc.
4. But, if his dismissal is on account of the fact that his services are no longer necessary,
it must be without prejudice for his recall whenever necessary.

The investigator must continuously evaluate his informant. The information received
must be tested for consistency by checking with information obtained from other sources of
persons. The motives and interest should be considered and evaluated. (Tradio, 49)

E. Definition of terms:

Tracing – is the application of all procedures for the search or persons.

Source of Information– is the application of various sources of information in connection
with the criminal investigation.
Tracing Missing Persons – a missing person is anyone reported missing who is a minor or
if of major age is seriously affected mentally or physically, or absent under circumstances
which would indicate involuntary disappearance.

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Surveillance is the designated or secret observation of places, persons and vehicles for
the purpose of obtaining information concerning the identities or activities of the subject.

A. Types of Surveillance:
1. Covert Surveillance – when the subject is not aware that he is being observed
2. Overt Surveillance – when the subjects is aware that he is being tailed.(Garcia,58)

B. Purpose of Surveillance:
1. To get information on criminal activities for the future raid
2. To discover the identities of persons frequenting the place to established their criminal
3. To obtain evidence of a crime or to prevent the commission thereof by arrest or raid
4. To establish a legal grounds for the application of a Search Warrant
5. To arrest the criminal in “flagrante delicto” (Garcia,58)

C. Other types of Surveillance:

1. Fixed Surveillance – watching a house or building
2. Moving Surveillance – on foot or by motor vehicle (Garcia,59)

D. Special Methods of Surveillance:

1. Wire Tapping – telephone line is tapped somewhere along the line, either in the
street line or in the telephone company. The tapped lines is run into a recorded which
is monitored by the investigator
2. Concealed Microphones – the microphone may be concealed in the room or maybe
disguised as a common object such as desk ornament. The wire is run out to a
nearby room where the conversation is recorded.
3. Tape Recorder – a pocket size tape recorded maybe concealed when recording the
4. Television – closed circuit system maybe used so that the activities of the subject
maybe observed by the surveillant at a distance.

E. Kinds of Surveillance:
1. Surveillance of places
2. Tailing or shadowing
3. Undercover investigation or “roping”

The crimes which requires this type of surveillance are gambling, abortion, prostitution,
illegal sale of drugs or alcohol, dishonesty among employees or infidelity in a divorce.

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A. Objectives of Surveillance of Place:

1. To detect criminal activities
2. To discover the identities of the person in frequent to establish and to determine
their relationship
3. To discern the habits of a person who lives in or frequents the place
4. To obtain evidence of the crime or to prevent the commission of a crime
5. To provide a basis for obtaining a search warrant
6. To apprehend person in the commission of an offense (Tradio,55)

B. Type of Place Surveillance:

1. Using a room in a nearby house or business establishment and remaining
2. Remaining outdoors and posing as a person who would normally conduct his
business in such an area, (i.e. laborer, carpenter, street vendor, etc) (Tradio,55)

C. Equipment to be used in Surveillance of Place

1. Picture Camera with telephoto lenses
2. Binoculars
3. Tape recording apparatus
4. Wiretapping device, and
5. Other recording instrument

Shadowing or tailing is the act of following a person. (Tradio,57)

A. Purpose of Shadowing:
1. To detect evidences of criminal activities
2. To establish the associations of a suspect
3. To find a wanted person
4. To protect a witness
5. To discover the associations, amusements and habits of an employee who has
been proposed for position of responsibility
6. To check the loyalty of the employee in an establishment where the thefts have
occurred (Tradio,57)

B. The Don’ts in Shadowing:

1. Don’t meet the eye of the subject.
2. Don’t adopt a slinking, sleuthing, creeping peeking Hawksaw manner. Don’t slink
in and out of doorways, sleuth behind the subject, creep from around parked cars,
peek from around corners, it is unnecessary, ineffectual, and above all attract
3. Don’t wear story-book disguises.
4. Don’t carry briefcases, notebooks, papers or other noticeable objects.
5. Don’t greet fellow officers or allow them to greet you
6. Don’t make notations or entries ostensive (Tradio,57)

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C. Methods of Foot Surveillance:

1. One Man Shadow:

It is conducted by one man alone in shadowing a subject. The surveillant must
established the contacts of the subject, place visited, girl friends and confidants. In
case the subjects will use the telephone booth, the shadower must feign a call at the
available booth.(Garcia,62)
If the subjects rents a hotel room, the shadower also rents a room, possibly
adjacent or opposite the subjects room. In case the subject gets into a theater line,
the shadower must be immediately behind the subject, so also with railway ticket line
. The surveillant must exert efforts to hear the destination of the subject by
overhearing the subject or inquiry from the ticket agent.

2. Two Man Shadow:

This is the easier for the surveillants to fully cover the subject. The method allows
the exchange of the positions of the shadowers in order to avoid discovery. One
shadower will follow behind the subject and the other may either be abreast or on the
opposite side of the street or following the shadower. .(Garcia,63)

3. Three Man Shadower or ABC Technique of Shadowing:

The three shadower are represented as A, B and C. A is close to the subject and
follows him at a distance depending on the pedestrian traffic. B follows A at the same
distance of A to the subject. If vehicular traffic is moderate, it maybe opposite him on
the other side of the street. B and C turn in occupying the position of A to prevent A
from becoming familiar and noticeable figure to the subject. Pre-arranged signals are
encourage. (Tradio,59)

3.1 Advantage of ABC Methods:

1. If the subject becomes suspicious of any of the operators, that person can
quickly drop out to trial.

2. If suddenly the subject turns in a corner, “A” may continue straight ahead
instead of hurrying to the corner and anxiously looking for the subject. “C”
may then cross the street and follow the subject, thus taking up the “A”
position. “C” moreover, has been in a position to view any sudden
disappearance into the building. (Tradio,60)

D. Tactics and Techniques of Shadowing:

D.1. General

The subject should be kept unaware of the shadowing operation. The

investigator should be inconspicuous. He should not be detected looking directly at
the subject. He should shift from left to right never remaining for long directly behind
the subject. Both side of the street should be used. If the subject is aware of the
tailing, he should request for his immediate removal.(Tradio, 60)

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D.2. Particular

1. Turning Corners – the surveillant should not rush if the subject turns to a corner.
If the subject disappears, the nature of the surrounding will determine the tactics
to locate the subject. In most cases, it is better to lose the subject than to alert him
of the tailing.
2. Entering a Building – if the building is a store, the surveillant should wait until the
subject comes out. In buildings having a number of exist, it is necessary to follow
him inside. If the subject enters an elevator, the surveillant should board the same
elevator. The surveillant may tell the elevator boy that his destination is the same
floor as the subject. If there are more than one surveillant, one should alight at the
subject’s floor and the other should proceed in a different direction then the latter
can turn to the first floor and wait the subject.
3. Riding a Bus – the surveillant5 should board the same bus, and sit behind or at
the side of the subject. If the shadower misses the bus, he should ride the taxi and
board the bus at a place ahead.
4. Riding a Taxi – if the subject takes a taxi, the shadower should take another taxi
and note the plate number and company name of the subject’s taxi. If he fails to
tail the subject, he should get information from the taxi driver or the company for
the disclosure of the subject’s destination.
5. Riding a Train – the shadower must fall in line towards the ticket booth, behind
the subject so that he could overhead the destination, or he could merely request
for timetable or a ticket for the last destination. .
6. Inside a Theater – the shadower should be seated behind the subject. If the
subject gets out, he should be followed on the different exit points.
7. Inside a Private House – the shadower should wait outside at a distance to be
inconspicuous, taking the address and the occupants to be verified later.
8. Inside a Restaurant – shadower should allow some time before entering the
restaurant, to give the subject the time to select his table. The shadower must
select the obscure table and estimates to finish his meal at the same time as that
of the subject.
9. Telephone Booth – the shadower may take the next booth or stand near the
subject to hear the conversation. The telephone book used and the page number
at which it was left open and should be noted.
10. Inside a Small Private or Public Office – the shadower must wait outside by
pretending to be s customer of nearby establishment.
11. In a Hotel – the room number of the subject could be inquired from the hotel
registry. Once pinpointed, the shadower should take an adjacent or opposite
room. If there are no available room on these arrangement, the nearest vacant
room should be his choice. (Garcia,64-65)

D.3 Recognition of Surveillant:

The risk constantly incurred by a shadower:
1. The risk of being recognized as a shadower of the subject.
2. The risks of being “lost” or eluded by the subject.
The surveillant must be prepared to take intelligent countermeasures to such
1. Test for Tailing – the common trick of the suspect when he becomes conscious
that he is being “tailed” is to board a public conveyance, such as bus, street car,

Criminal Detection and Investigation 1


or subway train, and then jumping off the vehicle. The subject then looks about
quickly to determine if any other person jumped off. If the shadower alights too,
the suspect will study him closely to facilitate future recognition. On finding himself
in this predicament, the surveillant’s best tactics is to remain on the vehicle until
the next stop, alights, and board the next car or train.
2. The Convoy – Sometimes the suspect is being guarded against shadowers. The
convoy is usually at the rear of the subject. It may be therefore necessary for the
surveillant to keep a look out behind him to guard against this. If the subject has a
follower or convoy, the shadower must get behind the convoy and follow him
instead of the subject. (Tradio, 61)

Shadowing by Automobile:
In tailing by an automobile, two cars are more effective than one. At least
two people should be assigned in each car. If only car is used, it should follow
the subject at a distance of about one hundred yards. The distance of the
operation will be greater on high ways and less in crowded traffic. If a second car
is used, it should follow at an equal distance behind the first. (Tradio,62)

Disguising the Shadower’s Car:

The following are the precautions in disguising a car:

1. Use security plates may be used if “colorum cars
2. Rent a car
3. Borrowing cars from friends
4. During night time, removed or put additional lights on the car
5. Do not violate parking rules or traffic laws
6. Radio antennae should be removed and radio volume reduced (Tradio,62)


A. Undercover Assignment, defined:

Undercover assignment or “roping” is form of investigation in which the investigator
assumes a different and unofficial identity in order to obtain information. (Tradio, 64)

Undercover Operation is an operation wherein the investigator assumes a fictitious

identity in order to infiltrate the ranks of the criminals for the purpose of obtaining
information. (Garcia,68)
It is an investigative technique in which an agent conceals his identity in order to obtain
information from the target organization. (Soriano, 70)

B. Objectives of Undercover Work:

1. Obtaining Evidence
2. Obtaining Information
3. Checking Informant
4. Fixed Surveillance – assist installation of investigative equipment.
5. Checking Loyalty

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6. Subversive Organizations – detailed information concerning subversive group.

7. Security Check – listen to conversation on security leaks or careless observations.
8. Preliminary to Search or Raid – determining presence of contrabands. (Tradio, 64)

C. Selection of Undercover Work:

1. Background – a good undercover man must be able to fit to the environment of his
assignment. He must be able to suit his speech and line of thinking to that of his
associates. His educational and technical background must rise to the required level.
His conversation and knowledge of hobbies, sports and general information should be
in the particular stratum in which he will find himself.
2. Temperament – a calm, affable, enduring personality is required. He should have the
necessary self-confidence to carry him through the more trying moments and the
resourcefulness to adjust to change of plans or situations.
3. Intellect – the undercover agent must, above all be intelligent. He should have a clear
view of the objective of the mission and the over-all strategy that must be employed in
its accomplishment.

D. Common Places Assigned for Undercover Work:

1. Neighborhood Assignment
2. Social Assignment – frequent places visited by the subject.
3. Organizational Assignment – joins the group or syndicate.
4. Work Assignment

E. The Preparation for Assignments:

1. Study the subject:

1. Name – full name, alias and nick names. If he holds a public office, then the name
of the department.
2. Address – past and present, residential and business
3. Description – identity mark, picture and etc.
4. Family and Relatives – an acquaintance with members of the family suggest
another source of information.
5. Associates – knowledge of associates will understand the subject activities.
6. Character and Temperament – the subject strength and weaknesses should be
7. Drug – drug addiction, alcohol, gambling, etc.
8. Hobbies – suggest simple way of developing acquaintance.
9. Education – this knowledge suggests the limitation of the subject and will indicate
the desired level of education in the investigation.
10. Occupation and Specialty – these suggest, against possible meeting ground and
or also indicate of the character of the subject.

2. Knowledge of the Area

1. Maps – the general layout and features of the area can be learned from street
map. Bordering areas should be included in the study.

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2. National and Religious Background – the predominant racial characteristic of the

inhabitant can be learned from a resident or from police officers assigned in the
3. Transportation – the routes of surface lines should be known together with their
schedule of service.
4. Public Utilities – knowledge of matters such as type of current available will assist
in the setting up the plant for technical surveillance

3. Subversive Story
1. History and backgrounds of organization. Biography of the official
2. Identity and background of members and former members
3. Methods of identification employed by the members
4. Files and records (nature, location and accessibility)
5. Meeting (schedule and place)

4. Cover Story
A fictitious background and history for the new character of the investigator
should be prepared, including the names, addresses and descriptions of the
assumed places of education, employment, associates, neighborhoods, trade and
travels. The investigator background story is very necessary. It is usually advisable
for the investigator to maintain his reputation that he is from the city wherein he has
lived and which he is well acquainted of. (Tradio,67)

Provision should be made in the cover story for some of the following :
1. Frequent contact with the subject.
2. Freedom of movement and justification for actions.
3. Background that will permit the investigator to maintain a financial and social
status equivalent to that of the subject.
4. Mutual points of interest between the agent and subject.
5. Means of communication with agents superior.
6. Alternate cover story in the event that the original cover story is compromised,
7. A method of leaving the area quickly at the conclusion of the mission.

5. Physical Details
Personal possessions should be obtained foe the undercover investigator which
are appropriate to the character assumed in quality, price, age, fit, degree of
cleanliness; laundry marks and manufacture’s design. Personal possessions may
include; clothes, a pocketbook, a watch, a ring, a suitcase etc.

6. Testing
The investigator should memorize all details in connection with his assumed role
and the fictitious portions of his biography. He should be tested by prolonged
questioning and surprise inquiries.

7. Disclosure of Identity
The investigator should be instructed not to disclose his identity or he should
remain undercover if arrested by the civil authorities. A plan or act should also be laid
out against the contingency of accidental disclosure.

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F. Golden Rules of Undercover Agent:

1. Don’t drink while working as undercover
2. Don’t court women
3. Don’t take woman on an undercover assignment.
4. Don’t claim to be a “big shot”.
5. Don’t fail to provide persons in the place who can vouch for the investigator.
6. Don’t spend to much money.

G. Means of Contact with Headquarters:

1. Telephone (other than your personal phone)
2. Witten Report (Coded Messages)
3. Secret Meetings (Garcia,72)

H. Infiltration Operation:
Infiltration involves gaining entry into criminal organizations that sell large
amounts of drugs. The intent of this kind of undercover operation is to buy larger and
larger amounts of drugs in order to reach as high as possible into the organization


The surveillant is the person who maintains the surveillance or performs the

A. Duties of Surveillant in Conducting Surveillance:

The surveillant should record all activities taking place in the establishment under
surveillance. The time of arrival and departure of each person should be noted. Photographs
and motion picture film footage should be numbered with reference of time.
In certain instances, it maybe necessary to move the observation post, more the
equipment. Relieve the surveillant or terminate the surveillant to be at its minimum number
and the purpose of the installation not be revealed. (Tradio,56)

B. Appearance of a Surveillant:
1. Average size and height, and built
2. Have no noticeable peculiarities in appearance or mannerism
3. Wear inconspicuous jewelry or clothing
4. Have nothing about him to attract the attention or fix him in the mind of a person
5. Have perseverance and be able to wait for hour at a time without showing any sign of
impatience or irritation, since this attract attention
6. Always give the appearance of attending strictly to his own business and of not being
interested in what anyone else maybe doing
7. Be resourceful, versatile and quick witted , so that he can readily conceive reasons or
excuses for being in any given place
8. Be a good talker, able to talk in his way out of embarrassing situations without
arousing suspicion. Have one or two good standard line such as canvassing for the
city directory or a trade publication or selling brushes or other articles.
9. Have one or two good standard “line” such as canvassing for the city directory or a
trade publication or selling brushes or other articles. (Tradio, 56)

IV. Subject, defined:

The subject is the person or place watched.

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Types of Criminal Investigation:

1. Reactive Investigation
2. Proactive Investigation

1. Reactive Investigation – are the traditional manner in which police become involved in
the investigation of crime. Reactive investigations are often divided into the initial
investigation, & the follow-up investigation.

2. Proactive Investigation or Proactive strategies – which are often covert in nature,

usually involve the police initiating investigative activities prior to the occurrence of a
crime. Through, proactive type investigations, the police place themselves in a position
to deal with crime before it happens. (Brandl, 6)

Proactive Methods of Investigation:

A. Blending Operations:

The officers dress in civilian clothes to blend into an area and patrol it on foot or
in unmarked police cars in an attempt to catch a criminal in the act of committing a

B. Stakeout Operations:
A stakeout consists of a group of heavily armed officers who hide in an area of a
store or building waiting for an impending holdup. If an armed robber enter s the store
and attempts a robbery, the officer well “Police!” from their hidden areas; if the
perpetrator fails to drop his weapon, the officers open fire. Stakeouts are effective in
cases where the police receive a tip that a crime is going to occur in a commercial
establishment. (Dempsey,267)

C. Decoy Operation:
The officer’s dress as, and play the role of, potential victims (ex. Drunks, nurses,
tourist etc) waiting to be the subject of a crime. Meanwhile, a team of backup officers
stand by to apprehend the perpetrator in the act of committing the crime..

D. Interdiction:
Interdiction involves the interceptions and seizure of drugs smuggled.

- oOo -

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Gathering recording and preserving evidence in a crime scene is a necessary job in an

investigation. Insufficient search or delay on the part of the investigator in conducting the search
could affect the result of the investigation.

Moreover, the investigator should also consider or give extra care in crime scene
operation, since all the necessary evidence in connection of the crime are there. The evidences
must be in position by the time the suspect leave the scene until the investigator arrives therein.

Furthermore, the investigator places himself at a spot where there are no physical
evidence that will be tampered and comes an estimates and to what form of search will be
employed. From there, he could determine the different angles and views to take the
photographs of the scene.

It also important that the evidence is properly collected, marked, tag and preserved.

I. Crime Scene, defined:

Is not merely the immediate area where a body is located or where an assailant
concentrated his activities but also the place of retrieval of physical evidence, which includes the
vehicles and its access and escape routes. (Jaudian)

II. Golden Rule at the Crime Scene:

“Never touch or move any object at the crime scene unless properly photographed,
measured and indicated in the sketch”. (Garcia)

A. Crime Scene Rules:

1. Do not use the crime scene as a temporary headquarters.
2. Do not unnecessarily touch anything. This prevents the destruction of evidence and
avoids the embarrassment of having your fingerprints on the evidence.
3. Get names of all persons present at scene, including police officers, coroner, and so
on, and forward the list to the police identification unit for elimination fingerprint
4. Keep all unnecessary persons out of the crime scene.
5. Do not wrap any evidence that might contain fingerprints in any type of cloth. Use
paper envelops or paper bags.
6. if outdoors, rope area and protect evidence from the elements, if possible without
moving it.
7. Try to determine points of entry and exit.
8. Examine for presence of latent prints.
9. Locate any objects that might have been handled by the suspect and process them.
10. Maintain a copy of the case history for your files.

III. Assignment of Duties:

1. Officer-in-charge (TL) – one who direct the search, assigns duties, and assumes
responsibility for the effectiveness of the search.
2. Assistant – he must implement the orders of the OIC.

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3. Photographer – he photographs the scene and individual pieces of evidence.

4. Sketcher – he makes a rough sketch of the scene given and later a finished sketch.
5. Master Note-taker – one who writes down in short hand the observations and
descriptions during the search.
6. Evidence Man – he collects, preserves and tags articles of evidence.
7. Measurer – he makes overall measurements of the scene.
IV. Stages of a Crime Scene Search:
1. Approach Scene
2. Secure and Protect
3. Preliminary Survey
4. Narrative Description
5. Photograph the Scene
6. Sketch the Scene
7. Evaluation of Latent Fingerprint Evidence or physical Evidence
8. Detailed Search
9. Collection, Recording, Marking and Preservation of Evidence
10. Final Survey to insure conditions of the crime scene have been documented as
thoroughly as possible
11. Release of Scene (Jaudian)
V. Standard Methods of Recording Investigative Data:
a. Photographs;
b. Sketching crime scenes;
c. Written notes (what you have seen or observed);
d. Developing and lifting fingerprints found at the crime scene;
e. Gathering physical evidence;
g. Tape recording of sounds;
h. Video tape recording of objects; and
i. Written statements of subject(s) and witnesses.


A. The Crime Scene Search
1. Processing and Securing a Crime Scene – Processing a crime scene includes the
application of diligent and careful methods by an investigator/policemen to recognize,
identify, preserve and collect fact and items of evidentiary value that may assist in
reconstructing that which actually occurred.
2. Protecting the Crime Scene and the Evidence – Successful crimes scene
processing depends upon the policeman‟s or investigator‟s skill in recognizing and
collecting facts and items of value as evidence, and upon his ability to protect,
preserve, and later, to present these in a logical manner.
3. Laboratory examination of objects and substances located usually at the crime
scene – Objects and substances needing examination in some cases are carried,
intentionally or unintentionally, by suspects from the crime scene.

VII. Investigator’s Notebook:

A. Purpose: Considering the mass of details and the number of cases which in some
instances an investigator is handling, it is very possible that he might forget some details.
Many of the details associated with the investigation, while not essential to the report,

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might become points of interest to the court when the case is brought to trial.
Experienced investigators employ a notebook to record the relevant details of the case.
During trial, the court allows investigators to consult their notes to refresh their memory.
B. Recording Note: The data of the investigation should be recorded in a complete,
accurate and legible fashion so that in the event another investigator is required to
assume responsibility for the investigation, he can make intelligent use of the notebook.

VIII. Common Investigation Oversights:

1. Incomplete Case Folder–lack of material documentation of the case under investigation.
 Recommended Remedies–include the police reports in chronological order such as
police blotter, spot, progress and final investigation report. Also, append the scene of
crime operation reports, forensic reports and photographs. Further, if possible, attach the
profile of victim/s and suspect/s, as well as the status of the party involved and
the case.
2. No template for the conduct of investigation–police personnel are not knowledgeable
about crime scene preservation and basic investigation.
 Recommended Remedies–every police personnel should mandatorily undergo
investigation training giving priority to those in the field units.
3. Inadequacy of coordination–the SOCO, investigators, prosecutors and other concerned
agencies work separately and independently in the conduct of their investigation.
 Recommended Remedies - case conferences should be encouraged at the start of the
investigation. The conferences should be attended by the SOCO, investigators,
prosecutors, IBP lawyers and other concerned agencies in order to ensure the
coordinated actions in the preparation of an air-tight case folder.
4. Failure to prosecute–pertains to absence of police investigator during trial to act as
prosecutors witness due to retirement and transfer of concerned investigator.
 Recommended Remedies–proper turn-over of case folders handled by investigators
who shall retire or be transferred, as requisite before the issuance of office
5. Chain of Custody – non-observance of proper documentation in the turn-over of
evidence from one officer to another or one office to another.
 Recommended Remedies –documentation on the turn–over of evidence with actual
receipt should be observed and non-observance should be the basis for administrative
6. Less appreciation of electronic evidence–police investigators take for granted the
electronic devices such as cell phones, computers and other electronic devices can be
processed to give investigative leads.
 Recommended Remedies – proper training on the preservation and processing of
electronic devices should be prioritized for all investigators in the field

IX. General Investigative Procedures:

A. Purpose
This investigative procedure is designed to adapt to the current trends in modern
investigation, in line with the PNP Integrated Transformation Program which seeks to

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improve and integrate the different manuals used by the PNP to serve as guide in all
aspects of police investigation.
It also aims to come up with a definite investigative procedure on specific cases from the
time the incident happened, until the case is filed, which will be adopted by the PNP
investigators in pursuing their mandated tasks.

B. Procedures

B.1 Upon receipt of call/walk-in complainants

Duty Desk Officer shall:

a. Record the time it was reported;
b. Get the identity of the caller/complainant;
c. Get the place of the incident;
d. Get the nature of the incident;
e. Get the number of victim/s;
f. Record a brief synopsis of the incident;
g. Direct the nearest mobile car/beat patrollers or the nearest police
precinct to act as first responder equipped with “police line” to secure
the place of incident a camera; and
h. Inform the duty investigator (preferably one team of investigators).

B.2 At the crime scene:

The First Responder shall perform his/her duty as stated in Chapter I Protocol 4.
In addition, check the condition of the victim while the other members of the first
responders shall simultaneously secure the area by putting a police line or any material
(like rope, straw and etc).

a. If in serious condition:
1. Bring the victim immediately to the nearest hospital using emergency services;
2. Photograph and make a sketch of the victim (if the victim is dead);
3. Get the dying declaration; if necessary (ask 3 questions)
a) Ano ang pangalan at address mo?
b) Kilala mo ba ang gumawa nito sa iyo?
c) Sa pakiramdam mo ba ay ikamamatay mo ang tinamo mong sugat?
However, if there is still a chance to ask more questions, then follow-up should
be done. The statement, once reduced into writing, shall be duly signed by or with thumb
mark of the victim.

b. If not in serious condition:

1. Bring the victim immediately to the nearest hospital using emergency services;
2. Get the identity and other data of the victim;
3. Get initial interview from the victim

c. If the suspect is arrested at the scene

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

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2. Isolate the arrested suspect/s and separate them from any probable witness of the
3. Record what time the suspect was arrested.
4. Wait for the investigator to interview the suspect.
5. If the suspect volunteers any statement, take note of the time, location and
circumstances of the statements.

d. Other Considerations:
1. Recording of pertinent information such as time, date and place of incident, weather
condition, names and addresses of witnesses.
2. Note the position of the victim upon arrival/discovery of the victim.
3. Take notes the identity of person/s who entered the crime scene prior to the arrival of
the investigator and the SOCO.

C. Duties of First Officer at the Crime Scene:

The success of an investigation depends to a large extent on the actions taken
by the first officer to arrive at the crime scene. He should follow correct procedures – not
to make an error - by what he does or fails to do.
Be sure not to destroy or change anything which may serve to reconstruct the
crime. Do not inadvertently add material which may be misleading to the investigators.
Do not approach the scene too quickly. Movements should be calm and deliberate.
Always suspect the worst.
Do not approach the situation with a mind already made-up. Errors committed in
safeguarding and examination of the crime scene can never be corrected. Always record
the exact time: time the call was received, time of arrival at the crime scene, and time of

D. First Responder (FR), defined:

Are members of the PNP or other law enforcement agencies who are mandated
and expected to be the first to respond to calls for assistance in cases of incidents of

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

E. Investigation Procedure at the Crime Scene:

E.1 Upon arrival at the crime scene:

1. Receive the crime scene from the first responder.
2. Record time/date of arrival at the crime scene, location of the scene, condition of
the weather, condition and type of lighting, direction of wind and visibility.
3. Photograph and/or video the entire crime scene.
4. Before entering the crime scene, all investigators must put on surgical gloves.
5. Before touching or moving any object at the crime scene in a homicide or murder
case, determine first the status of the victim, whether he is still alive or already
dead. If the victim is alive, the investigator should exert effort to gather information
from the victim himself regarding the circumstances of the crime, while a member
of the team or someone must call an ambulance from the nearest hospital. Before

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removing the victim, mark, sketch and photograph his/her relative position. Only a
coroner or a medical examiner shall remove the dead body unless unusual
circumstances justify its immediate removal.
6. Designate a member of the team or ask other policemen or responsible persons to
stand watch and secure the scene, and permit only authorized persons to enter
the same.
7. Identify and retain for questioning the person who first notified the police, and
other possible witnesses.
8. Determine the assailant through inquiry or observe him if his identity is
immediately apparent. Arrest him if he is still in the vicinity.
9. Separate witnesses in order to get independent statements.

E.2 Recording:
The investigator begins the process of recording pertinent facts and details of the
investigation the moment he arrives at the crime scene. (He should record the time when
he was initially notified prior to his arrival). He also writes down the identification of
persons involved and what he initially saw. He also draws a basic sketch of the crime
scene and takes the initial photograph (if a photographer is available, avail his services).
This is to ensure that an image of the crime scene is recorded before any occurrence
that disturbs the scene. As a rule, do not touch, alter or remove anything at the crime
scene until the evidence has been processed through notes, sketches and photograph,
with proper measurements.

E.3 Searching for evidence:

1. Each crime is different, according to the physical nature of the scene and the
crime or offense involved. Consequently, the scene is processed in accordance
with the prevailing physical characteristics of the scene and with the need to
develop essential evidentiary facts peculiar to the offense. A general survey of the
scene is always made, however, to note the locations of obvious traces of action,
the probable entry and exit points used by the offender(s) and the size and shape
of the area involved.
2. In rooms, buildings, and small outdoor areas, a systematic search of evidence is
initiated (In the interest of uniformity, it is recommended that the clockwise
movement be used.) The investigator examines each item encountered on the
floor, walls, and ceiling to locate anything that may be of evidentiary value.
3. You should give particular attention to fragile evidence that may be destroyed or
contaminated if it is not collected when discovered.
4. If any doubt exists as to the value of an item, treat it as evidence until proven
5. Ensure that the item or area where latent fingerprints may be present is closely
examined and that action is taken to develop the prints.
6. Carefully protect any impression of evidentiary value in surfaces conducive to
making casts or molds. If possible, photograph the impression and make a cast or
7. Note stains spots and pools of liquid within the scene and treat them as evidence.

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8. Treat as evidence all other items, such as hairs, fibers, and earth particles foreign
to the area in which they are found; for example, matter found under the victims
9. Proceed systematically and uninterruptedly to the conclusion of the processing of
the scene. The search for evidence is initially completed when, after a thorough
examination of the scene, the rough sketch, necessary photograph and
investigative notes have been completed and the investigator has returned to the
point from which the search began.
10. Further search may be necessary after the evidence and the statements
obtained have been evaluated.
11. In large outdoor areas, it is advisable to divide the area into strips about four (4)
feet wide. The policeman may first search the strip on his left as he faces the
scene and then the adjoining strips.
12. It may be advisable to make a search beyond the area considered to be the
immediate scene of the incident or crime. For example, evidence may indicate
that a weapon or tool used in the crime was discarded or hidden by the offender
somewhere within a square-mile area near the scene.
13. After completing the search of the scene, the investigator examines the object or
person actually attacked by the offender. For example, a ripped safe, a desk
drawer that has been pried open or a room from which items has been stolen,
would be processed after the remainder of the scene has been examined for
traces of the offender.
14. In a homicide case, the position of the victim should be outlined with a chalk or
any other suitable material before the body is removed from the scene. If the
victim has been pronounced dead by a doctor or is obviously dead, it is usually
advisable to examine the body, the clothing and the area under the body after the
remainder of the scene has been searched. This is to enable the
policeman/investigator to evaluate all objects of special interest in the light of all
other evidence found at the scene.

F. Police Line, defined:

Police line is authority line use to preserve the crime scene that separate the
crowds from the person/persons have the authority to handle the crime. (CIC)

G. Chalkline, defined:
The immediate representation of the object at the crime scene (CIC)

H. Release of Crime Scene:

Ensure that appropriate inventory has been provided.
a. Release the scene with the notion that there is only one chance to perform job
correctly and completely.
b. Release is accomplished only after completion of the final survey and proper

I. Importance of Search in Crime Scene:

1. Reconstruction of the crime
2. Certification and linkage of the subject to the crime scene

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3. Establishment of possible cause of arrest

J. Points to Remember in Crime Scene Search:

1. Secure the area, if possible, cordon the area
2. Avoid contaminating the physical evidences
3. As much as possible limit the number of person that get into the crime scene

K. How to Send Evidence to the Laboratory:

1. Wrap the items separately
2. Label packages and pack securely in one box
3. Seal and wrap the box again
4. Place original and copy of laboratory request in addressed envelope
5. Tape or sealed enveloped securely to box or place it on the top of the box
6. Send registered package by mail, air mail or express, or if possible hand carry
Note: If package contain firearms, put an indication.

L. Preserving and Protecting the Crime Scene Means:

1. Crime scene protection starts with the initial responding officer and must continue
throughout the entire time that the crime scene is under the control of the police and
involves every member of the police department as well as others that may come in
contact with the crime scene.
2. Keeping the site of the crime in the same physical condition as it was left by the
3. Anyone who comes and contact with the crime scene must prevent the obliteration
and or deterioration of tangible clues.
4. Touching or moving objects and moving on or otherwise disturbing footprints or item
or evidence will destroy the value and reliability of evidence.

M. Standard CSI Forms:

a. CSI Form “1” – (First Responder’s Report Form) To be accomplished by the FR

detailing among other things, his rank, name, initial information gathered and anything
that was moved in the crime scene prior to the arrival of the investigator. Further,
Form 1 should be signed by a witness. Form 1 should always be included as part of
the FR’s kit.
b. CSI Form “2” – (Request for the Conduct of SOCO) To be accomplished by the IOC
and submitted to the SOCO Team Leader at the crime scene.
c. CSI Form “3” – (Turn- over of Collected Evidence from IOC to SOCO Team) To be
accomplished by the IOC certifying that the items/physical evidence found, collected
and initially marked and inventoried by the investigator at the crime scene were
properly turned-over to SOCO Team Evidence Custodian.
d. CSI Form “4” – (SOCO Report Forms 1-4) The initial findings of the SOCO Team
shall be contained in the SOCO Report Forms 1 to 4 which shall be accomplished
immediately after completion of the SOCO. A copy of the said reports shall be
provided to the IOC within 24-hour after the release of the crime scene. The IOC may
also use those forms in the absence of a SOCO Team. (See Annex E)

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e. CSI Form “5” – (Release of Crime Scene Form) This shall be accomplished by the
IOC or the COP and witnessed by the SOCO Team Leader and conformed by the
owner of the property or representative of the local authority. A copy of the crime
scene release form shall be provided to the owner. (See Annex F)
f. CSI Form “6” – (IOC/Investigator’s CSI Form) This shall be accomplished by the IOC
at the OSCP prior to the lifting of the security cordon. (See Annex G)

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A. Strip Method – In this method, the area is blocked out in the form of a rectangle. The three
(3) Searchers A, B, and C, proceed slowly at the same pace along paths parallel to one side
of the rectangle. When a piece of evidence is found, the finder announces his discovery and
the search must stop until the evidence has been cared for. A photographer is called, if
necessary. The evidence is collected and tagged and the search proceeds at a given signal.
At the end of the rectangle, the searchers turn and proceed along new lanes as shown in the
above illustration.

Figure 01

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

Figure 02

C. Spiral or Circular Method – the searches follow each other in a path of spiral, beginning on
the outside and spiraling toward the center of the scene. See figure 03 (Tradio,7)

Figure 03

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D. Zone Method – the area subject to be search is divided into quadrants and each one
searches assigned into a specific quadrant. This method sometimes called as the Quadrant
Method. See figure 04 (Tradio,7)

Figure 04

E. Wheel Method – this method is applied if the area to be searched is approximately circular
or oval. The searches gather at the center and proceed outward a radii or spokes. The
setback of this method is that the distances of the searches increases as they proceed
outward. See figure 05 (Horgan,54)

Figure 05

F. Line Search Method

This a variation of the strip search, where multiple searchers follow a single strip in one
direction, while on-line with each other. This is excellent for exterior scenes over rough terrain. It
usually requires supervisors to maintain the direction and alignment of the involved searchers



Criminal Detection and Investigation 1





I. Reconstructing the Crime, defined:

It is the assessment made by the investigator after the crime scene investigation, of how
the crime is committed. (Garcia,16)
After completion of the search, an effort must be made to determine from the
appearance of the place and its objects what actually occurred and what the circumstances of
a crime were. This is known as reconstructing the crime. (Tradio, 8)
The use of scientific methods, physical evidence, deductive and inductive reasoning,
and their interrelationships to gain explicit knowledge of the series of events that surround the
commission of a crime. (Dempsey, 64)

A. Kinds of Reconstructing the Crime

1. Physical Reconstruction – reconstructing the crime is based on the physical
appearance of the crime scene mainly focused on the places of physical evidence,
and the accounts of witness and suspects.
2. Mental Reconstruction – the kind of reconstruction is based on the physical
reconstruction, some conclusions could be formulated taking into account all available
pieces of evidence. (Garcia,17)

B. Photographing the Crime Scene

1. General View – the general view of the scene must be photographed in different
angles, showing the specific location of every physical evidence discovered during the
2. Close-up View – every physical evidence must be photographed separately, close-
up, and different angles. These photographs shall be enlarged for court presentation.
3. Color Photography – it is advisable to use colored photography to enhance the
effect. (Garcia,10)

C. Admissibility of Photographs in Court

1. The object which is presented should not be immaterial or irrelevant.
2. The photograph should not unduly incite prejudice or sympathy
3. The photograph should be free from distortion.

D. Kinds of Photographs to be Taken

1. Over-all photographs – carried clockwise until at least four general view
photographs have been taken.
2. Photographs of the deceased – a set of view showing the relationship of the dead
body with the surroundings.
3. Photographs of article of evidence – weapon, blood stain, hair, fibers, papers, etc.
seen at the crime scene must be photographed before removal.

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4.Special techniques – ultra-violet and infra-red, orthostereoscophy, photomicrography,

radiography, grammagraphy, cinematography and projection work.
5. Photograph of the environs
6. Photograph of the body after removal – photographing the body after removal for
identification of the victim. Close-up picture of the wounds (Tradio,10)

E. The Use of Special Photography

Such as infrared, ultra violet, macro-photgraphy, moving camera, photography of
environs, close-up photograph of the wound of the dead body after removal from the
crime scene (Garcia,11)

F. Crime Scene Photographs

Photographs are valuable in three (3) areas
1. They provide the police and prosecutor with an accurate pictorial of the appearance of
objects in position at the crime scene.
2. They aid in the questioning of suspects and witnesses.
3. The will enable the judge to gain a better understanding of the crime scene and
evidence so that he, in turn, can evaluate testimony of the witness in an intelligent

G. Procedures on taking photographs

a. Overall photos of the scene are taken to show the approach to the area, street signs,
and street light locations in relation to the actual scene.
b. Photograph the scene in a clockwise pattern before altering the body's position or any
other evidence within the scene.
c. Photograph the body and the immediate vicinity around the body. If you have a
camera boom, take pictures from ceiling height down of the victim and any other
evidence. This perspective often shows things missed when viewed from ground or
eye level.
d. Keep a photo log


1. Patterns – is a series of similarities that may link particular cases or indicate that the
same person is committing a series of crimes.
2. Leads – are clues or pieces of information that aid in the progress of an investigation.
3. Tips – are leads provided by citizens that aid in the progress of an investigation.
4. Theories – are beliefs regarding the case based on evidence, patterns, leads, tips, and
other information developed or uncovered in a case. (Dempsey, 36)

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I. Creation:

1. R. A. No. 6975 as amended by R.A. No. 8551 (PNP Law). This law placed the PNP Crime
Laboratory as an Operational Support Unit. Formerly, under the PC/INP, the Crime
laboratory was an Administrative Support Unit. Because of the new set up, the Crime
Laboratory established the so-called Scene of the Crime Operation. (SOCO) which is a field
2. The SOCO now conducts field operation when responding to the scene of crime. As such, it
is entitled to operational funds. This is an innovation because the SOCO now gathers all
evidence at the scene of the crime and takes custody of them, marking and tagging them.
This procedure arrogates unto itself the otherwise duty of the criminal investigator at the
scene of the crime. Even those that are not subject to laboratory examinations are taken by
the SOCO.
3. The SOCO makes its own reconstruction of the crime and the formulation of theories which
are basically the duty of the criminal investigator. At times, the SOCO members conduct
their own field of inquiry by questioning people at the scene, a duty which does not belong to
it. Worst, the SOCO release their reconstruction of the crime and its theories to the press.
The duty of the SOCO is to scientifically analyze physical evidence at the scene thru the
expertise of their laboratory technicians.
4. The SOCO has emerged as an independent operational unit, instead of lending of
administrative support to the criminal investigator or investigative units.
5. The SOCO members at the scene must be placed under the operational control of the
criminal investigator because this is the practice for very long time.
6. The initial findings of the SOCO at the crime scene should be immediately given to the
criminal investigator so that he can intelligently and immediately facilitate the fast solution of
the case. The criminal investigator could immediately formulate the correct theory as the
path for the solution of the crime. What is happening is that the initial findings are being kept
by SOCO because of impractical administrative procedure where there is need for a Chief of
the SOCO for the approval of such release to the criminal investigator.
7. It is reported that in many occasions, the SOCO arrives earlier than the criminal investigator
at the crime scene. Without waiting for the criminal investigator, the SOCO immediately
conducts the processing of the crime scene. This would result to the situation where the
criminal investigator is denied the opportunity to form a perspective as to the original
positions of the phy7sical evidence at the scene. This would result to a wrong reconstruction
of the crime and formulation of theories.
8. Usually the SOCO team is headed by a commissioned officer who outranks the criminal
investigator. This would violate the rule that the criminal investigator is the authority at the
scene and he could exclude even ranking police officers that will enter the police line.
9. The SOCO release to the press its findings even before their official report reaches the
criminal investigator. These laboratory reports are confidential in nature and they could only
be released by the investigator when finally the case is brought before the Inquest Officer or
the case is filed with the Prosecution Office. If the SOCO maintains its independence and

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authority over the criminal investigator, it is violative of the sound procedures in Criminal

II. Result
1. Delay in the solution of the case. When the vital scientific evidence is delayed in its
transmission to the criminal investigator, it will result to unnecessary delay in the
solution of the crime. Element of time is of the essence in arresting of the offender on
the basis of scientific findings.
2. Bungling of case. When laboratory findings are released on the media by the SOCO, it
would provide an opportunity for the would-be suspect who is forewarned, to move ahead
of the investigator and in the process, other pieces of evidence in the possession of the
suspect or pieces of evidence in the possession of the suspect or other persons will be
subject to destruction or suppression. Element of surprise by the criminal investigator is
forever lost.
3. Initiative of the investigator will be damped. When the investigator loses his authority at the
crime scene or the releases to the media of scientific findings even before the filling of the
case with the Prosecutor, his idealistic interest to pursue vigorously the solution of the
crime is damped. When the case solution is delayed, there will be shifting of blames
between the investigator and the SOCO.

III. SOCO Assistance

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

1. Significant Cases:
a) Bombing Incident f) Financial institution
b) Initiated terrorist activities g) Calamity/Disaster
c) Raids, ambuscade, liquidation h) Massacre
d) KFR case (Kidnap-for-Ransom) i)Heinous crimes (as defined by law)
e) Armed Robbery of Banks and other j) Murder, Homicide, Arson, Rape
with Homicide
2. Sensational Cases:
a) Elected Public Officials (Brgy Captain up to President of the RP)
b) Appointed public officials with the rank of commissioner, secretary and
c) Foreign diplomat
d) Any foreigner
e) PNP/AFP personnel
f) Former high-ranking government officials
g) Other prominent figures such as movie stars, sports stars, tri-media practitioners,
prominent businessmen, professionals, and prominent leaders of religious

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IV. Basic composition of the Scene of Crime Operation (SOCO):

1. Team Leader 5. Evidence Collector
2. Crime Photographer 6. Evidence Custodian
3. Crime Scene Sketcher 7. Medico-legal Officer
4. Recorder 8. Fingerprint Examiner/Technician

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The sketch is the simpliest and the most effective way of showing actual measurements
and of identifying significant items of evidence in their location at the scene. Sketching is
supplementary to photography. (Tradio, 11)
One of the essential parts in investigation is sketching the crime scene, this procedure
aids investigator in getting to the bottom of the case and bring the investigator close to the vital
Sketches are useful in the questioning of witness and suspect or writing of investigative
reports. Sketches are also excellent companions to photographs. Where photograph provide
exacting details, sketches offer accurate information about the placement of object, and the
show relationship and distance between things. Sketches can be used to refresh an
investigator’s memory; to reflect the relationship of objects to the surroundings of object to the
area; to help the prosecutor, judge, and injury understand condition at the crime scene, and to
supplement photographs of the scene.

I. Sketch, defined:
It is the graphical representation of the scene of the crime. With complete measurements
of the relative distances of relevant objects and condition obtaining therein. (Garcia,11)

II. General Kinds of Sketch

1. Rough Sketch – rough sketch is made by the investigator at the crime scene which is full
of important details. But without the scale of proportion. This is used as the basis for the
finished sketch. (Garcia,12)
- Made by the investigator at the crime scene. No scale proportion is ignored, and
everything is approximated. It is to be used as a basis of the finished sketch (Solis,87)
2. Finished Sketch – the finished sketch is a sketch with a scale of proportion and drawn by
a drafts man. The rough and finished sketches are both used for court presentation.

III. Types of Sketches

1. Floor plan or “birds-eye view”
2. Elevation Sketch
3. Exploded or Cross projection sketch
4. Location/Neighborhood Sketch

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1. Floor plan or “birds-eye view” 2. Elevation Sketch

(South Side Wall)

3. Exploded or Cross projection sketch 4. Location/Neighborhood Sketch

IV. Importance of Sketch

1. To refresh the memory of the investigator;
2. To reflect the precise location of objects and their relationship to other objects and
3. To assist the prosecutor and the judge in understanding conditions at the crime
4. To assist in questioning of witness and suspects. (Montojo, 2.4)

V. Rules for Sketching

1. Never forget to determine the direction of the compass. Draw it on the sketch.
2. Control measurements. Don’t rely on others to give them.
3. Do not draw things which are clearly irrelevant to the case.
4. Never rely on memory to make corrections at the station house, at home, or at a place
removed from the scene of the crime.
5. the scale must be drawn on the sketch. Is a camera has been used, mark its position
on the sketch.

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VI. Elements of the Sketch (Figure 06)

1. Measurements 4. Scale of proportion
2. Compass direction 5. Legend
3. Essential items 6. Title (Horgan,47)

Figure 06

VII. Use in Court Proceedings

Sketches of the crime scene submitted as evidence in the court are legally admissible.
Essentially, the sketch, whether in form of a map, diagram or linear drawing must be
property authenticated.

VIII. Admissibility of Sketches

1. Must be made part of some qualified person
2. Must have competent knowledge
a. have an observation on the data in question
b. properly recollect these data
c. correctly express these data
3. Sketch must be verified
a. record the exact location and relationship of other evidence
b. refresh the memory of the investigator
c. provide permanent record or condition
d. assist the prosecutor, judge or jury to understands the condition of the crime
e. help in question the suspect or witnesses

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f. help to correlate the testimony of the witnesses

g. portray statistical graphically
h. eliminate unnecessary and confusing details (Jaudian)

IX. Types of Measurements / Methods or systems of locating points (objects) on sketch:

1. Triangulation Method
2. Coordinate or Angular Method
3. Baseline Method
4. Compass Point Method
5. Grid Method

1. Triangulation Method 2. Coordinate/Angular Method

3. Baseline Method 4. Compass Point Method

5. Grid Method

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I. Field Inquiry, defined:

It is the general questioning of all people at, or near the crime scene. (Garcia,18)

II. When to Start the Field Inquiry

The moment that the investigator sets foot at the crime scene, he must immediately
conduct the general questioning of all person present therein. He may also assign his assistant
or any member of the investigating team. Most of the time, before the investigating team or the
SOCO arrived, the police officers who first to response the incident are the one who make the
initial field inquiry. But still the investigator will stop questioning the person therein. (Garcia,19)

III. How to Treat Witness and Suspects Retained at the Scene:

The witness and or the suspect itself shall be retained at the scene and be made
transported to the Head-quarters immediately with the basis guideline; that they should not talk
with each other during the trip and should be immediately separated with each other upon
arrival at the station or Headquarters. (Garcia,19)

IV. Purpose of Separating the Witnesses or Suspects from one another:

The purpose why we need to separate them from each other so that the investigator
may obtain an independent opinion or to avoid the influence from the idea of one another and to
preserve the independence of their respective accounts about the commission of the crime.

V. Going back to the Crime Scene:

A. Reasons for going back to the crime scene:

In some instances, crimes are committed during nighttime and the investigator arrives at
the scene at daytime due to late discovery or delayed report about the commission of a
crime. The investigator must go back to the scene at the exact time when the crime
occurred, in order to see for himself the order of things at that precise moment. His notes of
concern shall be the lightning conditions, the distance of normal visibility, the volume of
pedestrian and vehicle traffic and other things and conditions relevant to his investigation.
The other reason is that during the progress of the investigation, new matters may crop
up which maybe inadvertently considered irrelevant during the crime scene investigation.

B. Value of the Process:

Having first personal knowledge of these facts, he could use them to confront lying,
exaggerated or half-truth narrations of witness and the admission and confessions of
suspects. These are potent tools against wayward confessions or admissions.

VI. The Four Methods of Identifying the Criminals

1. Confession or admission
2. Testimony of the witnesses
3. Circumstantial Evidence

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4. Associative evidence (Garcia,20)

VII. The Two Kinds of Criminals for Purposes of Identification of Witnesses:

1. Know Fugitives – These kinds of criminal are know by names and other personal
circumstances by the witnesses even before the commission of the crime.
2. Unknown Criminals – these criminals are unknown to the witnesses by names and other
personal circumstances before the commission of the crime. (Garcia,21)

VIII. Factors Affecting Positive Identification:

1. The ability of witnesses to positively identify the unknown criminals depends upon his
level of alertness, intelligence, vision, age and health.
2. The prevailing conditions of visibility and observation at the crime scene.
3. The lapse of time between the commission of the crime and the arrest of the offender.
4. The opportunity of the criminal to vary his personal appearance such as removal of
mustache, side burns, goatee, the change of hair style, the addition of tattoos on the face,
earring, nose rings, lip rings or facelift thru surgery.

IX. Points of Identification Applicable to the Living Person Only:

1. Characteristics which may easily be changed:

a. Growth of hair, beard or mustache d. Grade of profession
b. Clothing e. Body ornamentations
c. Frequent place of visit

2. Characteristics that may not easily be changed:

a. Mental memory f. Complexion
b. Speech g. Changes in the eyes
c. Gait h. Facies
d. Mannerism i. Left or right handedness
e. Hands and feet j. Degree of nutrition

Gait – A person, on account of disease or some inborn traits may show a characteristic
manner of walking.

Mannerism – is the Stereotype movement or habit peculiar to an individual.


1. Clearest moonlight or starlight:

Experiments have shown that the best known person cannot be recognized by the
clearest moonlight at a distance greater than 16-17 yards and by starlight any further
10-13 yards.

a. Broad daylight:
A person can hardly recognized another person at a distance farther than 100
yards if the person has never been seen before, but persons who are almost strangers
may be recognized at a distance of 25 yards

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b. Flash of firearm:
By experiment, letters of 2 inches high can be read with the aid of the flash of a
caliber .22 firearm at a distance of 2 feet it is hardly possible for a witness to see the
assailant in case of a hold-up or a murder:

a. Usually the assailant is hidden.

b. The assault is unexpected and the attention of the person or witness is at its

c. Flash of Lightning:
The flash of lightning produces sufficient light for the identification of an individual
provided that the person’s eye is focused towards the individual he wishes to identify
during the flash.

d. Artificial Light:
The identity is relative to the kind and intensity of the light.

XI. Methods of Identification by Witnesses

1. Verbal Description – is the physical description of the unknown fugitive by witness

based on the extend and range of their perception.
2. Rogue’s Gallery – these are the police files of photograph of known criminals. These
photographs maybe directly taken by the police or those gathered from other sources to
form part of the police gallery.
3. General Photographs – the investigator should show the witness a variety of
photographs which does not necessarily represent the criminal in order for the witness to
approximate the nearest description of the unknown fugitive. The features about the
shape of the face, nose or scars will help the witness to arrive at the clear description.
4. Cartographic Sketch – it is the composite representation reducer to a drawing of the
suspects face, made by an artist and based on the description furnished by the witness.

XII. The Police Line-UP

A. Police Line-Up, defined:
The police line-up is the process of identification by witness of the unknown
fugitives who is mixed with innocent person line before the witness. (Garcia,22)

B. Procedure of Police Line-Up

1. One suspect to be mixed with innocent persons, line-up must at least be composed of
seven person’s top ten persons.
2. The appearance of those composing the line-up must be approximately the same as
to height, built, complexion, hairstyle , clothing and etc.
3. The witness should be instructed before entering the line-up room about the presence
of the suspects.

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4. The suspect must be given the opportunity to select their position in the line-up.
5. The line-up members are not allowed to talk during the process or make any
movement which may suggest the identity of the suspect.
6. The proceedings must be covered by a detailed report and possibly by a movie
camera for Court presentation. (Garcia,23)

C. Center points of Physical Identification

1. Face – shape, forehead, eyebrow, mustache, eyes, ears, cheeks, nose, mouth, jaw,
lips, teeth and chin.
2. Hairs – curly, straight, short, few,
3. Neck
4. Shoulder
5. Waist
6. Hands
7. Fingers
8. Manner of Walking
9. Voice
10. Mannerism
11. Physical Appearance – Asian, American, Caucasian, etc
12. Complexion (Garcia,22)

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I. Arrest, defined: (Rule 113)

Arrest is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.
Application of actual force, manual touching of the body, physical restraint or formal
declaration of arrest is not required. Arrest includes submission to the custody of the person
making the arrest.

A. Arrest; how made:

An arrest is made by an actual restraint of a person to be arrested, or by his submission
to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person
arrested shall not be subject to a greater restraint than is necessary for his detention.

B. Duty of arresting officer:

It shall be the duty of the officer executing the warrant to arrest the accused and deliver
him to the nearest police station or jail without unnecessary delay.

C. Execution of warrant:
The head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days
after the expiration of the period, the officer to whom it was assigned for execution shall
make a report to the judge who issued the warrant. In case of his failure to execute the
warrant, he shall state the reason therefore.

D. Arrest without warrant; when lawful:

A peace officer or a private person may, without a warrant, arrest a person:
1. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
2. When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another.
In cases falling under paragraphs (a) and (b) above, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule 112.

E. Time of making arrest:

An arrest may be made on any day and at any time of the day or night.

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F. Method of arrest by officer by virtue of warrant:

When making an arrest by virtue of a warrant,
1. The officer shall inform the person to be arrested of the cause of the arrest and the
fact that a warrant has been issued for his arrest, except when he flees or forcibly
resists before the officer has opportunity to so inform him, or when the giving of such
information will imperil the arrest.
2. The officer need not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrant shall be shown to him
as soon as practicable.

G. Method of arrest by private person:

When making an arrest, a private person shall inform the person to be arrested of the
intention to arrest him and the case of the arrest, unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, or has escaped,
flees, or forcibly resists before the person making the arrest has opportunity to so inform
him, or when the giving of such information will imperil the arrest.

H. Officer may summon assistance:

An officer making a lawful arrest may orally summon as many persons as he deems
necessary to assist him in effecting the arrest. Every person so summoned by an officer
shall assist him in effecting the arrest when he can render such assistance without detriment
to himself.

I. Right of officer to break into building or enclosure:

An officer, in order to make an arrest either by virtue of a warrant, or without a warrant
as provided in section 5, may break into any building or enclosure where the person to be
arrested is or is reasonably believed to be, if he is refused admittance thereto, after
announcing his authority and purpose.

J. Right to break out from building or enclosure:

Whenever an officer has entered the building or enclosure in accordance with the
preceding section, he may break out there from when necessary to liberate himself.

K. Arrest after escape or rescue:

If a person lawfully arrested escapes or is rescued, any person may immediately pursue
or retake him without a warrant at any time and in any place within the Philippines.

L. Right of attorney or relative to visit person arrested:

Any member of the Philippine Bar shall, at the request of the person arrested or of
another acting in his behalf, have the right to visit and confer privately with such person in
the jail or any other place of custody at any hour of the day or night. Subject to reasonable
regulations, a relative of the person arrested can also exercise the same right.
Note: A warrant of arrest has no expiry date. It remains valid until arrest is effected or the
warrant is lifted.

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1. However, Sec. 4 of Rule 113 requires the head of the office who applied for warrant to
execute the same within 10 days from receipt thereof and for the arresting officer
assigned to execute the same to submit, within 10 days from the expiration of the first
10-day period, a report to the judge who issued the warrant.
2. The rule does not require a return of the warrant of arrest but only a report to the
Judge who issued the warrant and, in case of officers failure to execute the same shall
state the reasons therefore.
3. It does not become stale or factus oficio unlike a search warrant which is valid only for
ten days. A warrant of arrest remains valid until arrest is effected or the warrant lifted.

M. Arrest Warrant, defined:

An arrest warrant is a written order of the court that is made on behalf of the
government, based upon a criminal complaint that directs law enforcement to arrest a
person and bring him or her before the court. (Brown, 42)

N. Bench Warrant, defined:

Is an arrest warrant that is issued by the court based upon a finding of contempt of court,
where an indictment exists, or where a witness failed to appear when subpoenaed to court.


A. Search Warrant, defined:
A search warrant is an order in writing and issued in the name of the people of
the Philippines; signed by a municipal or city judge and directed to a peace officer,
commanding him to search for personal property and bring it before the court.(Tradio)
A search warrant is an order in writing issued by a justice or other magistrate in
the name of the state that authorizes law enforcement officials to search for and seize
any property that constitutes evidence of the commission of a crime. (Brown, 39)

B. Seizure, defined:
Seizure is the taking into custody of property found by searching.

C. Personal Property to be Seized:

1. Property subject of the offense
2. Property stolen or embezzled and other proceeds or fruits of the offense; and
3. Property used or intended to be used as the means of committing an offense.

D. Requisites for Issuing a Search Warrant:

A search warrant shall be issued only upon probable cause in connection with
one specific offense to be determined by the municipal or city judge after examination
under oath or affirmation of the complaint and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.

E. Search of a house, room or premises to be made in the presence of witnesses:

No search of a house, room or any other premises shall be made except in the
presence of at least (1) competent witness, resident of the neighborhood.

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F. Time of Making the Search:

The warrant directs that if its is served in the daytime. Unless the affidavit asserts
that the property is on the person or in the place ordered to be searched, in which case a
direction maybe inserted that it be served at anytime of the day or night.

G. Validity of the Search Warrant:

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

H. Receipt for the Property Seized:

The officer seizing property under the arrest must give a detailed receipt for the
same to the person on whom or in whose possession it was found, or in the absence of
any person, must in the presence of at least one (1) witness leave a receipt in the place
in which he found the seized property.

I. Kinds of Search:

1. Preliminary Search of a Person – this is ordinarily made at the time and scene of
arrest. Its primary purposes are:
a. to discover concealed weapons; and
b. Seizure of incriminating evidence which might otherwise be destroyed.

Types of Preliminary Search:

a. Wall Search – the prisoner is placed about 10 inches out or arms reach from the
wall. He is then made to lean forward against the wall with his head down. In this
position, he is off balance if he moves his hand from the wall, he will fall down,
his loss of balance prohibits any sudden movement or attempt to strike a blow.
b. Kneeling Search – this is used where no wall or upright object is available for
the wall search. The subject is required to kneel with hands raised or secured
behind him with handcuffs. The subject should be directed to remain motionless
and to face the front. The officer should place one foot on the heel of the
subject’s foot. Should the subject attempt to resist, the investigator can pin the
heel of the subject to the ground.
c. Floor Search – the subject is in a prone position, face down touching the ground,
with arms extended over his head. The investigator crouches at the side of the
subject at the region of the waist of the subject.
d. Standing Search – the subject is in a standing position with feet apart and hands
raised. The searcher stands to the rear and uses the techniques as in wall
search. This method is only applied or employed when there are two or more
arresting officers.

2. Complete Search – this is done at the place of detention wherein the subject is
stripped and clothings and other possessions are thoroughly examined.

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Entrapment, defined:
Entrapment Defined as inducing an individual to commit a crime he or she did not
contemplate, for the sole purpose of instituting a criminal prosecution against the offender.
Entrapment also the act of tricking somebody into committing a crime in order to
obtain a prosecution. Inducement is the key word; when police encouragement plays upon
the weaknesses of innocent person and beguiles them into committing crimes they normally
would not attempt, it can be deemed improper as entrapment.

The police, who give a person the opportunity to commit a crime, are not guilty of
entrapment. (Dempsey,190)

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I. Three (3) Important Factors that be considered to Introduced Physical Evidence in a

1. The article must be properly identified
2. Continuity or chain of custody must be proven
3. Competency must be proved that the evidence is material and relevant. (Tradio,14)

II. The Physical Evidence

Physical evidence, defined:
Physical evidence referring to any type of evidence having an object existence, that is
anything with sized, shape and dimension (Bermas,16)
Material objects in a criminal trial, for example, a gun, a knife, bloodstained clothing, a
latent fingerprint, or a photograph (Garland, 444)

III. Kinds of Physical Evidence

1. Corpus Delicti – objects or substances which are essentials parts of the body of the
2. Associative Evidence – Evidence which links the suspects to the crime scene or
offense. Ex. Fingerprints and shoe impressions
3. Tracing Evidence – Articles which assist the investigator on locating the suspect.

IV. Purpose of Protecting Physical Evidence:

a. certain types of evidence, such as latent fingerprints, are so fragile in nature that a slight
act of carelessness in handling can destroy their value as clues and remove the
possibility of obtaining from them any information which would further the investigation.
b. It is necessary that the evidence presented in court be in a condition similar to that in
which it was left at the time of the offense.(Tradio,14)

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

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VI. Markings of Evidence

Any physical evidence obtained must be marked or tagged before its submission to the
evidence custodian.
These are information to ensure that the items can be identified by the collector at any
time in the future. This precaution will help immeasurably to establish the credibility of the
collectors report or testimony and will effectively avoid any suggestions that the item has
been misidentified

A. Markings on the specimen must at least contain the following:

1 .Exhibit Case Number

2. Initials and or signature of the collecting officer.
3. Time and date of collection.

NOTE: It is also important to note the place or location where the evidence was

VII. Evaluation of Evidence

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

VIII. Preservation of Evidence

It is the investigators 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.

IX. Releasing of Evidence

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

X. Chain of Custody
A list of all persons who came into possession of an item of evidence, continuity of
possession, or the chain of custody, must be established whenever evidence is presented in
court as an exhibit. Adherence to standard procedures in recording the location of evidence,
marking it for identification, and properly completing evidence submission forms for
laboratory analysis is critical to chain of custody. Every person who handled or examined
the evidence and where it is at all times must be accounted for.
As a rule, all seized evidence must be in the custody of the evidence custodian and
deposited in the evidence room or designated place for safekeeping.

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(Change of Possession)

The Scene
Evidence –Seal, Markings,
Evidence Log
Evidence Collector (Officer on Case)
Letter Request

Crime Laboratory

Evidence Custodian

Court order (Subpoena)

Court Presentation

Other definition:

Chain custody is the term used to describe the identification and control of evidence
from the time it is collected at the scene until it is entered into evidence in court.

XI. Transmittal of Evidence to Crime Laboratory

Proper handling of physical evidence is necessary to obtain the maximum possible
information upon which scientific examination shall be based, and to prevent exclusion as
evidence in court. Specimens who truly represent the material found at the scene, unaltered,
unspoiled or otherwise unchanged in handling will provide more and better information upon
examination. Legal requirements make it necessary to account for all physical pieces of
evidence from the time it is collected until it is presented in court. With these in mind, the
following principles should be observed in handling all types of evidence:
1. The evidence should reach the laboratory in same condition as when it was found, as
much as possible.
2. The quantity of specimen should be adequate. Even with the best equipment
available, good results cannot be obtained from insufficient specimens.
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen separate from others so there will be no intermingling or mixing
of known and unknown material. Wrap and seal in individual packages when
5. Mark or label each of evidence for positive identification as the evidence taken from a
particular location in connection with the crime under investigation.
6. The chain of custody of evidence must be maintained. Account for evidence from the
time it is collected until it is produced in court. Any break in this chain of custody may
make the material inadmissible as evidence in court.

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XII. Disposal of the Collected Evidence

All evidences collected must be protected, identified and preserved. Reasonable degree
of care must be exercised to preserve shape, to minimize alterations due to contamination,
chemical changes, and addition of extraneous substance. In the process of transferring of
the evidences, the number of persons who handle them must be kept at a minimum and
each transfer should be receipted.
Note: if package contain firearms, put an indication.

XIII. Kinds of Evidence:

1. Relevant evidence – an evidence having any value in reason as tending to prove any
matter provable in an action. Evidence is relevant when it has a tendency in reason to
establish the probability or improbability of a fact in issue (Sec.4,Rule 128, Revised Rules
of Court)
2. Material evidence – evidence is material, when it is directed to prove a fact in issue as
determined by the rules of substantive law and pleadings.
3. Competent evidence – evidence is competent when it is not excluded by law in a
particular case.
4. Direct evidence – is that which proves the fact in dispute without the aid of any inference
or presumption.
5. Circumstantial evidence – is the proof of fact or facts from which, taken either singly or
collective, the existence of the particular fact in dispute may be inferred as a necessary or
probable consequence.
6. Positive and Negative Evidence – positive when the witness affirms that the fact did or
did not occur, and negative when the witness states that he did not see or know the
occurrence of a fact.
7. Rebutting evidence – rebutting evidence is that which is given to repel counteract or
disprove facts given in evidence on the other side.
8. Primary or Best and Secondary evidence – primary or best is that which the law
regards as affording the greatest certainly of the facts in question. Secondary evidence
means inferior to primary, it indicates the existence of more original source of information,
and permitted by law only when the better evidence is not available.
9. Expert evidence – it is the testimony of one possessing, in regard to a particular subject
or department of human activity, knowledge not usually acquired by other person.
10. Prima facie evidence – evidence which standing alone unexplained or uncontroversial,
is sufficient to maintain the proposition affirmed. It is such as, in judgment of law, is
sufficient to establish the fact, and if not rebutted, remains sufficient for the purpose.
11. Conclusive evidence – it is the evidence which is incontrovertible.
12. Cumulative evidence – is the additional evidence of the same kind bearing on the
same point.
13. Corroborative evidence – it is additional evidence of a different kind and character,
tending to prove the same point (Herrera,13)

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VII. Forms of Evidence

1. Testimonial evidence – given in an open court by witness who have knowledge of the
2. Documentary evidence – evidence that refers to public records, private writings,
business records, photograph, maps, and like in the form of tangible objects or exhibits.

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GENERAL – The Philippine National Police is mandated to enforce the law, maintain
peace and order, protect life and property, ensure public safety with the active support of the

The patrol elements composed of the foot and mobile patrols are the most ubiquitous
members of the force and are synonymous to police presence. They are the ones who almost
always arrive first at the scene of the crime in response to calls for police assistance. Being the
“First Responders,” it is imperative that patrol officers are able to identify violations of law, bring
criminals to justice, collect and preserve pieces of evidence, and assist in the prosecution of


Purpose - This First Responders Handbook provides guidance for patrol officers and
other members of the force who respond to the scene of a disaster or other emergency as
enumerated in the succeeding pages. It assists them in establishing on-scene command,
formulating a situation estimate, alerting others to the condition of emergency, and guides them
what to do and how to do it when faced by specific situations.

Scope - The handbook discusses the policies, procedures, measures and safety
considerations governing the commitment of police patrols in the interest of public order and

The procedure should be applied where possible to offenses and situations listed. A
modification of some procedures may be necessary because of particular circumstances,
however, most will apply in a majority of cases.


a. Radio - exclusive channels, call sign, etc i. Photo equipment

b. Siren j. Hand cuff
c. Notebook, pen, etc k. Whistle
d. Megaphone/ PA system l. Fingerprint equipment
e. Measuring device m. Flash light
f. Police line n. Tape Recorder
g. Traffic Vest (Luminous) Fire Extinguishers
h. Reports format (Traffic accident report, Tech Inspection Report, etc)


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a. Hostage Situation h. Illegal Possession of Firearm, Ammunition

b. Murder/Homicide and Explosives
c. Robbery/Hold-up i. Crowd Control
d. Bomb Emergency j. Vehicular/Traffic Accident
e. Shooting Incident k. Fire Incident
f. Barricaded suspect l. Medical Emergency
g. Carnapping m. Arrests and Searches

Personnel responding to hostage incidents are primarily responsible for minimizing
injuries, strategically deploying personnel, gathering intelligence and initiating a holding action to
contain the hostage taker pending arrival of SWAT/Crisis Response Team and unit Negotiating
1. Upon arrival at the scene:
a. Assess the situation. Confine/isolate the suspect/s to his present location by taking
positions with maximum cover but with good field of view/fire.
b. Notify higher Hqs and request special units (SWAT/Negotiating Team, EOD, etc.)
to respond.
c. Request medical ambulance team, fire truck and rescue van to standby.
d. Request assistance from nearest unit, if necessary, to cordon/secure the area and
control/direct traffic.
e. Cordon area and isolate from pedestrian/ vehicular traffic.
f. Evacuate injured persons.
g. Cause evacuation of adjacent buildings or rooms, if necessary.
2. Establish identity and objective of the suspect/s.
3. Establish identity of victim/s (age, sex, description, clothing) and determine if anyone
is killed or injured.
4. Determine probable location of the suspect/s within the structure, their number and
5. Determine access routes and advise concerned units. Note the following:
a. General description of the area.
b. Access routes from the target site/objective to probable Staging Area.
c. Cover, concealment and open areas.
d. Field of view.
e. Field of fire.
f. Distance from the target site to the Staging Area.
6. Continuously attempt to achieve every possible tactical advantage over the suspect.
7. Invite persons who can supply pertinent information for investigation/ getting
8. Persuade the suspect to surrender and release the hostage.
9. If verbal efforts to persuade the suspect to surrender failed, secure the area and wait
for arrival of SWAT and Negotiating Team.

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10. Upon arrival of SWAT/ Negotiating Team.

a. Turn-over command and control to responding elements.
b. Brief the Ground Commander of the situation and the tactical problem
c. Provide all pertinent information (suspect/s ID, description, weaponry, etc; victim/s
ID, condition, etc; location of victim/s and suspect/s; access points; obstacles;
other information).
d. Prepare to receive instructions from the Ground Commander.

Crime reported:
1. Date and time of complaint.
2. Name of complainant.
3. Other details (5 W’s & 1 H: WHO, WHAT, WHERE, WHEN, WHY, HOW)
4. Record the weather condition.
5. Alert units for dragnet operations
6. Notify higher Hqs.
Upon arrival at the scene:
1. Record date and time of arrival.
2. Observe and record general condition, including weather.
3. Determine if suspects are still in the crime scene.
4. Secure the crime scene with rope/Police line.
5. Identify probable witnesses and remove them from the crime scene.
6. Note names of persons at the crime scene. They are potential witnesses.
7. Take notes and sketches.
8. Photograph crime scene.
Suspects still at the crime scene:
1. Take cover and size up the situation.
2. Determine probable location of the suspects within the structure.
3. Identify and arrest the suspect/s if possible.
4. Seal off all possible escape routes.
5. Inform higher Hqs and request for reinforcement, if necessary.
6. Alert all units of possible escape of suspects.
7. Persuade suspects to surrender.
If suspects have already fled:
1. Evacuate casualty to nearest hospitals.
2. Notify higher Hqs.
3. Conduct pursuit operations, if necessary.
4. Raise alarm for dragnet operations.
5. Protect & preserve crime scene.
6. Summon police assistance.
7. Obtain description of getaway vehicle, if any (Make, type, model, etc.)
8. Take notes & statement of witnesses (Before, during and after
commission of the crime)
5. Turn-over case to responding Investigators and assist them.

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6. Case Information Checklist

General Data:
1. Victim’s name, address, phone number
2. Complainant’s address, phone number
3. Where did the incident occur?
4. Date & time it was reported
5. To whom was it reported?
1. Article of RPC violated
2. Term for the offense
3. Give summary of incident
How the victim was attacked:
1. Method used
2. Date & hour of entry
3. Point and manner of entry
4. Means of attack (Tools, weapons, instrument)
5. Time of Attack (Time, event, etc.)
Object of attack:
1. Property taken
a. Complete list
b. Detailed description
c. Mark or means of identification
d. Value
2. Other Motive of the crime
Suspects’ description
1. Personal data
2. Any speech pecularities
3. Mannerism
4. Mark and scars
5. Teeth
6. Dress habit
7. Getaway Vehicle (Make, body style/mark, color, year model, any pecularities,
plate number)
8. Other Details

Evidence gathered at the crime scene (Fingerprints, tire prints, etc.)

1. Witnesses and their addresses.
2. Find out if there were attempts to destroy evidence to conceal the crime/ offense.
3. Gather evidence to determine the method and route of exit and flight.

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Published Books:

Vicente, Jezreel B. [et al.] (2016). Fundamentals of Criminal Investigation, 2 nd ed.,

Wiseman’s Book Trading, Inc., Quezon City, Philippines
Guevara, Ricardo M. (2015). Criminal Justice Education Comprehensive Digest for:
Crime Detection and Investigation, Wiseman’s Book Trading, Inc., Quezon City,
Brandl, Steven, G. (2008). Criminal Investigation, Pearson Education, Inc., USA
Dempsey, John, S. (2007). Introduction to Investigation, Thomson Learning Asia,
Brown, S. Whittington (2007). Legal Terminology, Thomson Learning Asia, Singapore
Bermas, Danilo S. (2003), Criminology Licensure Examination Reviewer, Central
Professional Books , Inc., Quezon City, Philippines.
Tradio, Cirilo M.,(2000), Hand book of Criminal Investigation and Detection, Central
Professional Books, Inc., Philippines
Garcia Rodolfo M., (2000), The Art of Criminal Investigation and Detection, Central
Professional Books, Inc.,927 Quezon Avenue, Quezon City, Philippines

Unpublished References:

Sagrado, Paul, S. (2005). Notes on Fundamentals of Criminal Investigation, Hebron,

San Miguel Village, Pala-o, Iligan City, Philippines
Morong, Abraham Jr., E. (2008). Notes in Criminal Justice System : Philippine Settings,
Iligan City, Philippines

Other References:

CIC : Criminal Investigation Course

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