FUNDAMENTALS OF INVESTIGATION AND
INTELLIGENCE
Learning outcomes under this lesson:
At the end of this lesson, you would be able to:
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know the basics about criminal investigations.
relate the given definitions to the general understanding of the subject matter.
Source: https://pixels.com/featured/mysterious-man-in-hat-and-trench-coat-edwardfielding.html
Table of contents
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1. Origin of the term criminal investigation
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2. Kinds of criminal investigation
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3. The four phases of criminal investigation
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4. Goals of criminal investigation
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5. Components of criminal investigation
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6. Trichotomy of criminal investigation
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7. Roles of an investigation
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8. Importance of criminal investigation
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9. The criminal investigator
9.1. Some Qualifications of an Investigator
9.2. Desirable traits of the investigator
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10. Forms of investigation
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11. Categories of criminal investigation according to John Dempsey
1. Origin of the term criminal investigation
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Investigation- this refers to the process of carrying out a detailed examination or inquiry
usually in an official manner, to discover something or somebody. The term came from
the Latin word investigare (vestigare in some books) which means “to track or to look
into for traces”. Fundamentally, it may have been derived from Vestigium, another Latin
word that means footprint
Criminal Investigation- came from the Latin term Investigat, which means “to inquire or
to discover” during the 5th century
Modern Definitions of Criminal Investigation:
1. Criminal investigation-It is defined as the collection and analysis of facts/truths about
persons, things, and 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 establish the guilt
of the parties involved in crime.
2. Criminal investigation It is the logical and objective, and legal inquiry involving possible
criminal activity. The result of the inquiry, if successful, will answer the 5Ws and 1H.
3. Criminal investigation is a legal inquiry by virtue of complaint to follow up, examine, trace,
track, and search, step by step examination or process of meticulous observation, the fact of the
commission of a crime, the identity of the actors, and the circumstances attendant thereto, by
careful evaluation of all available pieces of evidence to the end that violators of the law brought
to the bar of justice and the innocent be relieved therefrom.
4. Criminal investigation is a lawful search for people and things useful in reconstructing the
circumstances of an illegal act or omission or the mental state accompanying it. It is the probing
from the known to the unknown, backward in time, and its goal is to determine the truth as far
as it can be discovered in any post-factum inquiry.
5. A criminal investigation is a logical process of collection and analysis of facts about persons,
things, and places relative to a crime. It includes:
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Identification of the guilty party
The location of the whereabouts of the guilty party, and
Providing admissible evidence to establish the guilt of the parties involved in the crime.
Criminal Investigation is an ART- because it is governed by rigid rules or fixed legal
procedures but most often based on intuition (logic and tested knowledge, immediate
learning/consciousness) and sometimes by chance. Most often than not, it is governed by:
1. Felicity/Inspiration-95%
2. Intuition-3%
3. Luck-2%
Criminal Investigation is a SCIENCE because it involves the application of knowledge of
forensic sciences in the process of identifying, locating, collecting, processing, and/or evaluating
physical evidence.
Criminal Investigation is a PROCESS: it involves a systematic process of identifying, collecting,
preserving, and evaluating data or raw facts to produce valuable information for bringing a
criminal offender to justice.
Three ways to bring a person from criminal act:
1. Voluntary surrender
2. He will be apprehended by the officer of the law
3. The criminal investigation identifies a person as a suspect
2. Kinds of criminal investigation
Generally, there are only two kinds of criminal investigation:
1. Investigation while the suspect is under arrest and detention; and
2. Investigation while the suspect is “at large." It means that the suspect is not under
arrest or detention, as distinguished from a fugitive from justice.
3. The criminal investigation identifies a person as a suspect
3. The four phases of criminal investigation
1. The identification of criminals.
2. The criminal is traced, located, and arrested.
3. The facts or evidence to prove the guilt of the accused is gathered.
4. 4. The pieces of evidence are presented in court.
4. Goals of criminal investigation
Generally, the goals of criminal investigation are the following:
1.
2.
3.
4.
5.
6.
To determine whether a crime has been committed;
To legally obtain information or evidence;
To identify persons involved in the crime;
To arrest suspects ;
To recover stolen properties;
To present the best possible case to the prosecutor.
5. Components of criminal investigation
1. Pattern- refers to a series of similarities that may link particular cases or indicate that
the same person is committing a series of crimes.
2. Leads-these are clues or pieces of information that aid in the progress of an
investigation.
3. Tips- it specifically refers to leads provided by the citizens that aid in the progress of an
investigation.
4. Theories- are beliefs based on the evidence, patterns, leads, tips and other information
developed and uncover in the case.
6. Trichotomy of criminal investigation
1. Training- is a critical factor in developing good and competent investigators, and is the key
to freedom from the bondage of ignorance.
2. Tools- to establish facts and develop evidence, a criminal investigator must use this toolsinformation, interview, interrogation, and instrumentation.
3. Technique -is the essence of tactical strategy in an investigation.
7. Roles of an investigation
1.
2.
3.
4.
Determine whether a crime has been committed.
Identify the victim/s and the offender.
Locate and apprehend the accused.
Present evidence of guilt for the suspect/s.
5. Assist in case follow-up.
8. Importance of criminal investigation
1. The problem of crimes and criminals should be carefully studied and provided with
solutions.
2. It helps the five pillars of the Criminal Justice system in recognizing and identifying
criminals and provides clues or information in promoting social justice.
3. An aid in enforcing the laws and the protection of lives and properties.
9. The criminal investigator
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Police Investigator-It refers to PNP uniformed personnel both Police Commissioned
Officer (PCO) and Police Non-commissioned Officer (PNCOs) conferred with the
appropriate certification to investigate with care and accuracy. A police investigator must
be a graduate of the CRIMINAL INVESTIGATION COURSE (CIC) for PNCO and the
INVESTIGATION OFFICER BASIC COURSE (IOBC) for PCOs.
Police Detective-It refers to PNP uniformed personnel who was previously certified as
police investigator but was able to complete 18 units of Master’s Degree, completed the
Police Detective Course (PDC), and acquired the requisite experience relating to
investigation of cases and appearance in court duties to support the successful filing and
prosecution of the offense.
Criminal Investigator- refers to the person who performs an investigation. He/she may
also be known as prober and is considered as the superstar in the process of
investigation. He must be capable of observation and a rational thinker. Many times, a
police investigator is being tested with his discretion (wise use of one’s own judgment).
9.1. Some Qualifications of an Investigator
1. Perseverance -Refers to the steadfastness, persistence, and resolution to bring the
desired conclusion in spite of obstacles connected with a criminal investigation.
2. Endurance -This is the ability to last physically and mentally hence; he must have
extraordinary physical and mental energy, enduring sleepless nights and tiresome days.
3. Incorruptible Honesty and Integrity- In the practice of his art, there are the ever
temptations of money, women, and drinks that are present in every corner playing tricks
of temptations.
4. The intelligence and Wisdom of Solomon-This are very important in order that the
investigator could easily decipher falsehood from the truth and separate the grain from
the chaff.
5. Acting Ability-It is the ability to go down to the level of the minor, the prostitute or the
slum dwellers, or the level of the other professionals or the members of the elite.
6. Mastery of the Oral and Written Communication- in order that the investigator will
not suffer setbacks in getting accurate facts, especially in the preparation of reports and
or transmittal of information.
7. The Keen Power of Observation and Description-These are very important in crime
scene investigation and in interviews and interrogation.
8. Courage-It is the moral fortitude, to tell the truth, no matter who will be hurt.
9. Working Knowledge- of Criminal Law, Evidence, Criminal Procedure, and Penal Special
Laws.
10. The power to “read between the lines.”- This is the ability of the investigator to
interpret the words or phrases encountered in the process of investigation in their
deeper meaning in order to arrive at the concrete meaning of a certain statement.
11. Working knowledge of martial arts and firearms proficiency- The investigator will
find himself on many occasions that he will be alone in confronting, arresting, bringing
to headquarters, and interrogating the suspect.
9.2. Desirable traits of the investigator
1. Superior reasoning ability
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The ability to analyze logically a multitude of facts and determine how they interrelate is
basic to the investigative process.
This is related to critical thinking. This method of reasoning challenges one to adopt
an attitude of fair-mindedness, intellectual caution and an openness to questions
common or assumed beliefs. Critical thinkers will find supportable reasons to accept or
reject an assumption and are never hesitant to seek an explanation of the “why” of an
event.
Elements from the foundation of the critical thinking process:
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Differentiating between fact and opinion.
Determining cause-and-effect relationships
Determining the accuracy and completeness of the information presented.
Recognizing logical fallacies and faulty reasoning.
Developing inferential skills through deductive or inductive reasoning
Definition of terms:
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Fact- is a statement or observation that can be verified by other verifiable points of
information, whereas an OPINION is merely one’s impression or personal belief. Factual
data will generally guide the course and direction of the case, whereas opinions serve
only as secondary, less valuable functions.
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Cause-and-effect thinking often serves as a directional purpose during the
investigative process, as one or more facts generate further related factual insights.
Faulty reasoning often centers on generalization, stereotyping, oversimplifying, or
incorrect assumptions
Deductive reasoning forms a general conclusion prior to having a complete
explanation based on facts. With the deductive conclusion in mind, the investigator
considers the emerging evidence, contrasting it with the conclusion to determine its
validity.
Inductive reasoning - is base on the results of further investigation and evidence
gathering.
2. Imagination and curiosity
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Imagination- means forming mental images of what is not present, or creating new
ideas by combining previous experiences – is indispensable in the many investigations
that are not complete.
Curiosity is the desire to learn by being inquisitive (the eagerness of the investigator to
know more about the crime).
3. Intuition
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This is the immediate apprehension or cognition – quick and ready insight without the
conscious use of reasoning. It has been pointed out that many police investigators have
a “sixth sense” resulting in hunches that those outside the profession rarely perceive. This
is often the result of experience and training.
4. Observational ability
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The act of observing is a noting and recording of facts. Under most circumstances, the
investigator will use the sense of seeing and hearing, the former being the more
significant.
5. Organizational ability
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Like the successful business executive, the police investigator is continually processing
various types of information. Written information, verbal information, current case
assignments, and follow-ups of past investigation all require an ability to organize. The
investigating officer is receiving and processing formal reports from a multitude of
sources. This demands an orderly method of information retention that will result in the
availability of records and facts when needed.
6. Legal knowledge
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Today’s investigators must possess a solid grounding in criminal and to a lesser degree,
in civil law. The office must be able to distinguish between a criminal violation and a civil
violation to determine appropriate action.
7. Cultural understanding and a wide range of interest
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An awareness and understanding of cultures different from the investigator's own can be
of great advantage. Such insight can assist appreciably in information gathering,
interviewing, informant recruiting, and many other tasks commonly encountered during
criminal investigations. Because specific behaviors and traits are unique to various
groups, the development of an awareness of cultural diversity can provide the
investigator with new insights.
8. Persistence
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It is the ability to continue the case in the face of opposition or refusing to give up when
faced with an adverse situation. To persist until all available facts of an investigation are
known and until satisfied that further effort will be unproductive is the working definition
of persistence for the investigator.
10. Forms of investigation
Six Major Types:
1. Formal Investigation
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Refers to an official inquiry conducted by a government agency to uncover facts and
determine the truth.
It is usually considered as some form of inquiry concerning criminal activity.
2. Inquest
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It is an effort to search the basic cause of an incident such as the commission of a crime.
3. Inquisition
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A historical description than a current usage to describe any penetrating investigation
concerning a religious issue.
4. Probe
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Similar to a formal investigation is an extensive, searching inquiry conducted by a
government agency.
5. Research
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It is the most employed type of investigation that refers to the careful, patient
investigations done by scientists or scholars in their efforts to identify sources of data or
causes of the problem.
6. Investigative Reporting
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Relatively speaking, is a recent type of investigation pursued by the members of the
press on their own initiative. It is designed to satisfy two purposes.
To attract readers/viewers
To get to the roots of the problem
11. Categories of criminal investigation according to John
Dempsey
1. Criminal Investigation vs Non-Criminal Investigation
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Criminal Investigation- It is usually carried out by the police to prosecute the person
responsible for the commission of a crime.
Non-Criminal Investigation- It involves non-criminal incidents or events.
2. Reactive Investigation vs Proactive Investigation
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Reactive Investigation- It is an investigation initiated based on a complaint filed by the
victim or any concerned citizen.
Three categories of reactive investigation
1. walk-through-The suspect could be easily determined and located. The detective
must only observe the legal guidelines to reach a solution.
2. where-are-they-The appropriate type of investigation to use in cases to which the
suspect is identified tentatively but has not been located. The case may have a simple
solution or involves a complex mystery.
3. whodunit-It refers to cases in which no suspects are initially identified. The majority
of crimes reported to the police under this category are rarely solved.
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Proactive Investigation Investigations conducted by the police based on their own
initiative. These are designed to catch a criminal in the act of committing a crime, rather
than waiting until a crime is reported by a concerned citizen.
Categories of Proactive Investigation
1. Decoy operations-Are of blending and decoy types. In blending type, officers dressed in
civilian clothes try to blend into an area to catch criminals in flagrante delicto.
2. Undercover operations-Usually in the form of buy-bust and entrapment.
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Buy-bust operation is commonly used in catching drug traffickers whereby
undercover officers usually pose as buyers of illegal drugs.
Entrapment on the other hand involves duping someone who has intentions to
commit a crime to execute their plan but upon consummating the crime, they are
arrested right there and then.
3. Overt investigation vs. Covert investigation
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Overt Investigation-It is conducted openly.
Covert Investigation-It is conducted in secret.
HISTORICAL BACKGROUND OF
INVESTIGATION
Learning outcomes under this lesson:
At the end of this lesson, you would be able:
1. to explore the historical background of criminal investigations and learn some pertinent
information.
2. to know how criminal investigation has come into existence and become the main focal
point in the administration of justice.
Table of contents
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1. The historical background (mostly based from England)
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2. Criminal investigation in the Philippines
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3. Relevant laws/provisions applicable in criminal investigations
1. The historical background (mostly based from England)
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2100 B. C. BABYLON: as civilization developed, social and cultural traditions were
codified into formal laws. The Code of Hammurabi was then implemented to detect
those who refused to obey the law. It imposes the Lex Taliones principle which also
refers to the concept known as, “An eye for an eye and a tooth for a
tooth.”
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5th CENTURY B.C., ROME: Rome created the first specialized investigative unit. It was
named QUESTORS/TRACKERS/MURDERERS due to their cruel treatment to suspects in
investigating crimes.
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6th CENTURY B.C. ATHENS: Unpaid magistrates (judges), were appointed by the
citizens to make decisions for the cases presented to them.
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9th CENTURY. ENGLAND: King Alfred the Great established a system of “mutual
pledge” (social Control), which organized for the security of the country into several
levels such as the following:
1.
1. Ten Tithing-grouping of hundred of persons into one under the charge of the
High Constable. Hue and cry were employed. The constable was considered the
first form of English Police to deal with more serious breaches of the law.
2. Tithing- performed by a grouping of ten persons to protect one another and to
assume responsibility for the acts of the group members. The head is called as
Chief.
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AT ABOUT THE TIME OF CHRIST, ROME: The Roman Emperor Augustus picked out
special, highly qualified members of the military to form the Praetorian Guard, the
Praefectus Urbi and the Vigiles of Rome.
1.
1. Praetorian Guard- considered to be the first police officer of Rome with the job
of protecting the palace and the emperor.
2. Praefectus Urbi- protect the city, exercising both executive and judicial power.
3. Vigiles of Rome-The Vigiles began as firefighters, granted law enforcement
responsibilities, and patrolled Rome’s streets day and night. They were
considered a civil police force designed to protect citizens. They were considered
quite brutal and it is where the word VIGILANTE” came from.
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1.
1285 A.D., ENGLAND: THE STATUTE OF WINCHESTER was enacted establishing a
rudimentary criminal justice system in which most of the responsibility for law
enforcement remained with the people themselves, promulgated by Winchester. The
statutes established the following:
1.
2.
3.
4.
Watch and ward system
Hue and cry System
Parish constables became the primary Urban law enforcement agents in England
All males kept weapons in their homes for maintaining public peace.
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1720’s, ENGLAND: JONATHAN WILD – He was a buckle maker and a brothel operator;
a master criminal who became the London’s most effective criminal investigator. He was
the most famous thief catcher in the 1720s. He conceived the idea of charging a fee for
locating and returning stolen property to their rightful owners.
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1750s, ENGLAND: HENRY FIELDING – An English man who wrote a novel
entitled “TOM JONES” and was appointed as magistrate (sheriff) for the areas of
Westminster and Middle Age, London. He was the creator of the Bow Street Runners-the
first professional police force and was considered the foundation of all modern police
forces.
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1753, ENGLAND: JOHN FIELDING – The younger half-brother of Henry Fielding who
took over the control of Bow Street Court in 1753. DESPITE OF HIS CLOSED VISION
(BLIND), HE GUIDED THE RUNNERS, THEY BECAME QUITE EFFECTIVE. He introduced the
practice of developing informants, printing wanted notices, employing criminal raids, and
bearing firearms and handcuffs. He was known as “BLIND BEAK” and was allegedly able
to recognize 3,000 criminals by the sound of their voices.
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1800, LONDON: PATRICK COLQUHOUN – A prominent London President who
proposed the unique idea of creating a sizeable uniformed force to police the city of
London in order to remedy the public outcry concerning the increase of criminality
during the early 1800s. Colquhoun together with Master Mariner John Harriott
developed Marine Police Force or sometimes known as the “THAMES RIVER POLICE. It
was said to be the first England police designed to tackle theft and looting from ships
anchored in a pool of London and the lower reaches of the river.
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EARLY 18TH CENTURY, ENGLAND: The first body of public-order officers to be named
police in England was the Marine Police, a force established in 1798 to protect
merchandise in the port of London.
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1811, FRANCE: EUGENE “FRANCOIS” VIDOCQ - 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.”
1.
1. He introduced the concept of “Trade Protection Society,” which became the
forerunner of our present-day credit card system.
2. He is credited, as the founder of La Surete, France’s National Detective
Organization.
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1829, LONDON: ROBERT PEEL – The founder and chief organizer of the London
Metropolitan Police. He introduced the techniques in detecting crimes such as detectives
concealing themselves, and secretly photographing and recording conversations.
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1833, ENGLAND: London Metropolitan Police employed the first undercover officer.
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1835, 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).
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1839, BIRTH YEAR OF PHOTOGRAPHY: WILLIAM HENRY FOX TALBOT explained a
photographic process he had invented to the Royal Society of London. It is known as the
birth of photography.
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(1847-1915), DR. HANS GROSS – The earliest advocate of criminal investigation as a
science. The father of Criminalistics / Forensic science.
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1852, U.S.A: CHARLES **ENS is a great novelist in which through his story entitled
bleak house, he introduced the term detective to the English language (Adams &
Taylor, 1995).
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1852, U.S.A: ALLAN PINKERTON was America’s foremost private detective. This
individual truly deserves the title of “America’s Founder of Criminal Investigation.”
Among methods pioneered were “shadowing,” the art of suspects surveillance, “roping,”
working in an undercover capacity, they have the motto, “We never sleep.”
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1856, U.S.A: KATE WAYNE: The first woman detective in the history of criminal
investigation. She was hired by the Pinkerton Agency and contributed to the resolutions
of big cases of the United States of America.
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1866, U.S.A: THOMAS BYRNES - He is an unusually keen-minded individual who
trained his detectives in recognizing individual criminal techniques. He founded the
criminal “modus operandi,” or method/mode of operation.
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1866, LIBERTY, MISSOURI, USA: THE JESSIE JAMES GANG made the first hold-up
which marks the beginning of the gang’s 15 year hold-up and robbery spree (12 bank
hold-ups and 12 train stage coach robberies in 11 states). Clay County Savings
Association was their first victim and their take was $60,000.00.
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1877, ENGLAND: HOWARD VINCENT – He headed the newly organized Criminal
Investigation Department in Scotland Yard.
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1882, FRANCE: ALPHONSE BERTILLON – A French Police Clerk who introduced and
established the first systematic identification system based on the Anthropological
Signalment (Anthropometry). He is considered the founder of Criminal Investigation. The
system recorded anthropometric measurements and personal characteristics such as the
color of eyes, scars, and deformities. The following measurements were taken:
1.
1. Body: height, reach from fingertips to fingertips, length of trunk and head, or
height sitting
2. Head: length and width, length of a left middle finger, length of left little finger,
length of the left forearm. These measurements were recorded on cards and
classified according to the length of the head.
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1887, DR. ARTHUR CONAN DOYLE – He popularized the scientific Criminal
Investigation by creating the fictional detective Sherlock Holmes and his friend Watson.
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1892, ENGLAND: FRANCIS GALTON – An English man who published his study on
classifying fingerprints and recognized the uniqueness of the fingerprints to be used as
evidence against a suspect
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1909-1924 JOHN EDGAR HOOVER – He became the head of the Federal Bureau of
Investigation, which was established by the attorney general from 1909 to 1924.
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1913, PHILIPPINES - The genesis of Criminal Investigation in the Manila Police
Department, presently the Western Police District took place.
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1918, ENGLAND, a new concept was introduced in the field of Criminal Investigation.
This is known as “Team Policing.”
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1954, USA: DR. PAUL KIRK – The best known Criminalist who headed the Department
of Criminalistics at the University of California, USA. He is most known for his work on
blood spatter evidence. He applied this expertise to bloodstain pattern analysis in the
Sam Sheppard homicide case.
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1966, USA: MIRANDA Vs ARIZONA – The US Supreme Court established procedural
guidelines for taking criminal confessions. The case is the origin of the present Miranda
rights of every accused under the custody of the police.
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1977, USA-The FBI introduced the beginning of the Automated Fingerprint Identification
System (AFIS) with the first computerized scans of fingerprints.
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1986, ENGLAND- Deoxyribonucleic Acid (DNA) typing was used to solve a crime. DNA is
unique to every individual and can be used for personal identification. DNA is unique to
every individual and can be used for personal identification.
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NEW YORK V. CASTRO-This was the first case in which the admissibility of DNA was
seriously challenged. It set in motion a string of events that culminated in a call for
certification, accreditation, standardization, and quality control guidelines for both DNA
laboratories and the general forensic community.
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DR. ALEC JOHN JEFFREYS- He used DNA fingerprinting and profiling to identify Colin
Pitchfork as the murderer of two young girls in the English Midlands. Significantly, in the
course of the investigation, DNA was first used to exonerate an innocent suspect.
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FLAVAINO GUERRERO-The only Filipino member of the United States Federal Bureau of
Investigation.
2. Criminal investigation in the Philippines
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1901-The Criminal Investigation Service (CIS) is created and/or established which is now
known as CIDG- Criminal Investigation and Detection Group. It was established to handle
investigations of special or major crimes, particularly concerning national security.
1901-1919-During the American occupation, the criminal investigation service was
primarily organized out of the great necessity of the Philippine Constabulary in the
investigati0on of crimes.
1913- The genesis of criminal investigation in the Manila Police Department, presently
known as the Police District took place in 1913.
1920-1936-The CIS then known as the Information Service led to the successful
investigation of the Colurom Rebellion, Sakdalista Movement, and the Asedillo uprising.
1936-The Division of Investigation (DI) was created by virtue of Commonwealth Act No.
181, during the reign of the late President Manuel L. Quezon. The DI, with 45 initial
members was organized by Thomas Dugan and Flaviano C. Guerrero and was patterned
after the Federal Bureau of Investigation of the U.S.
1942-1945-During the Japanese occupation, the DI was affiliated with the Bureau of
Internal Revenue (BIR) and the Philippine Constabulary (PC) known as the Bureau of
Investigation (BI).
1946-The CIS was tapped to perform the highly specialized tasks of investigation and
intelligence work as a criminal investigation branch of G2.
1947-The Bureau of Investigation was reorganized by virtue of Republic Act No. 157
and the Department of Justice became its parent agency.
1950-The CIS was commissioned to gather intelligence and assume the role main
investigating outfit of the Philippine Constabulary in response to the resurgence of
various criminal syndicates, like the Black Shirt and the Kamlon gang coupled with the
organization of various anti-government movements such as the Hukbalahap.
1987- The mandate of the 1987 Constitution establishing the National Police Force that
should be national in scope and civilian in character under the Department of Interior
and Local Government (DILG) paved the way for the creation of the Philippine National
Police (PNP). Consequently, the CIS is retained as one of the national support units of the
PNP under the name of Criminal Investigation Service Command (CISC), this
distinguishes it from the operating unit of the administrative support unit created
pursuant to R.A 6975 which assumed the name of the “Service” while operating support
unit assumed the name command.
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1991-Due to media publicity of investigations of sensational cases committed by local
executives Organized Crime Groups (OCGs), the CISC mandated by R.A 6975 acted as the
primary investigating arm of the PNP on major crimes, OCGs, and economic sabotage.
1994-On September 5, 1994, the Criminal Investigation Service Command was renamed
as the Criminal Investigation and Detection Group (CIDG) following the NAPOLCOM
Resolution Nor. 92-37, with the motto “we seek the truth.” From its humble inception up
to the way, it metamorphosed to being the premier arm of the PNP as the ”Spirit and
soul of the force.”
1986-A SOCO team was appropriately organized to meet the core mission of the Crime
Laboratory which is the National Operating Support unit of the PNP by virtue of
NAPOLCOM Resolution Nr. 96-058.
3. Relevant laws/provisions applicable in criminal
investigations

ACT No. 175 = The law that establishes the Insular Police Force which was entitled “An
Act Providing For The Organization And Government of an Insular Constabulary.” It is the
organic act of creating the Philippine Constabulary (PC). Approved July 18, 1901.
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ACT No. 225 = This is the law that established the Philippine Constabulary. Approved
October 3, 1901.

REVISED ADMINISTRATIVE CODE OF 1917, SECTION 825 = The Law stated that the
Philippine Constabulary is a national Police Institution for preserving the peace, keeping
order, and enforcing the law.

RA No. 4864 = The law otherwise known as the Police Act of 1966, created the Office of
the Police Commission (now the National Police Commission). It was under the Office of
the President and was created as the supervisory agency to oversee the training and
professionalization of the local Police forces.

Proclamation No. 1081 = was the date of the declaration of Martial Law in the country
by the former president of the Philippines Ferdinand E. Marcos on September 21, 1972.
Consequently, military officers from the Philippine Constabulary (PC) were designated as
Officers-in-Charge of the respective police department of the different cities and
municipalities and took control of the supervision, administration, and operation thereof.
Those were the days when a young first lieutenant of the PC requires a peace officer with
a higher rank including the chief of police to salute him.


PD No. 421= This is the law that integrates the police force in greater scope in the
Manila area to test its effectiveness, particularly in the first four cities: Manila, Quezon,
Caloocan, and Pasay. It was Mayor Arsenio Lacson who proposed the idea that police
should be integrated.
PD No. 482 = The law that integrates the police force at the provincial level, particularly
in the provinces of Pampanga, Nueva Ecija, Bulacan, and Misamis Oriental. This was
approved on June 13, 1974.

PD No. 765 = The law which stipulated that the office of the National Police
Commission was under the office of the Ministry of the National Defense (now
Department of National Defense). Approved August 8, 1975.

RA No. 6975 = The law otherwise known as the Department of Interior and Local
Government (DILG) Act of 1990. This is the law that created the PNP and subsequently
dissolved the PC whose officers and rank and file were given the privilege either to join
the AFP or the PNP within the period as provided therein.

RA No. 8551 = This law is known as The PNP Reform and Reorganization Act of 1998
which is at present the operational law that governs the PNP. This was approved on
February 25, 1998.

1987 PHIL CONSTITUTION, Art 3, Sec. 12(1) = “Any person under investigation for the
commission of an offense shall have the right to be informed of his right to remain silent
and to have a competent and independent counsel preferably of his choice. If the person
cannot afford the services of a counsel, he must be provided with one. These rights
cannot be waived EXCEPT in writing, signed, and in the presence of a counsel.”

1987 PHIL CONSTITUTION, Art 16, Sec 6 = “The state established and maintained one
police force, which shall be National in Scope and Civilian in Character, to be
administered and controlled by the National Police Commission. The authority of the
local executives over the police shall be provided by law.”

RA No. 7438 = An act defining certain rights of a person arrested, detained, or under
custodial investigation as well as the duties of the arresting, detaining, and investigation
officers and providing penalties for violation thereof.

1935 PHILIPPINE CONSTITUTION, ARTICLE THREE (BILL OF RIGHTS)-The
constitutional rights of accused in investigations or under custody.
RELEVANT LAWS/ PROVISIONS APPLICABLE
IN CRIMINAL INVESTIGATION
Learning outcomes under this lesson:
At the end of this lesson, you should be able to:
1. identify the Philippine laws and provisions applicable in criminal investigations.
Table of contents

1. Relevant laws/Provisions applicable in criminal investigation
1. Relevant laws/Provisions applicable in criminal
investigation








ACT No. 175 = The law that establishes the Insular Police Force which was entitled “An
Act Providing For The Organization And Government of an Insular Constabulary.” It is the
organic act creating the Philippine Constabulary (PC). Approved July 18, 1901.
ACT No. 225 = This is the law which established the Philippine Constabulary. Approved
October 3, 1901.
REVISED ADMINISTRATIVE CODE OF 1917, SECTION 825 = The Law stated that the
Philippine Constabulary is a national Police Institution for preserving the peace, keeping
order, and enforcing the law.
RA No. 4864 = The law is otherwise known as the Police Act of 1966, created the Office
of the Police Commission (now National Police Commission). It was under the Office of
the President and was created as the supervisory agency to oversee the training and
professionalization of the local Police forces.
Proclamation No. 1081 = was the date of the declaration of Martial Law in the country
by the former president of the Philippines Ferdinand E. Marcos on September 21, 1972.
Consequently, military officers from the Philippine Constabulary (PC) were designated as
Officers-in-Charge of the respective police department of the different cities and
municipalities and took control of the supervision, administration, and operation thereof.
Those were the days where a young first lieutenant of the PC requires a peace officer
with a higher rank including the chief of police to salute him.
PD No. 421= This is the law that integrates the police force in greater scope in the
Manila area to test its effectiveness particularly in the first four cities: Manila, Quezon,
Caloocan, and Pasay. It was Mayor Arsenio Lacson who proposed the idea that police
should be integrated.
PD No. 482 = The law that integrates the police force at the provincial level particularly
the provinces of Pampanga, Nueva Ecija, Bulacan, and Misamis Oriental. This was
approved on June 13, 1974.
PD No. 765 = The law which stipulated that the office of the National Police
Commission was under the office of the Ministry of the National Defense (now
Department of National Defense). Approved August 8, 1975.





RA No. 6975 = This law is otherwise known as the Department of Interior and Local
Government (DILG) Act of 1990. This is the law that created the PNP and subsequently
dissolving the PC whose officers and rank and file were given the privilege either to join
the AFP or the PNP within the period as provided therein.
RA No. 8551 = This law is known as The PNP Reform and Reorganization Act of 1998
which is at present is the operational law that governs over the PNP. This was approved
on February 25, 1998.
1987 PHIL CONSTITUTION, Art 3, Sec. 12(1) = “Any person under investigation for the
commission of an offense shall have the right to be informed of his right to remain silent
and to have a competent and independent counsel preferably of his choice. If the person
cannot afford the services of a counsel, he must be provided with one. These rights
cannot be waived EXCEPT in writing, signed, and in the presence of a counsel.”
1987 PHIL CONSTITUTION, Art 16, Sec 6 = “The state established and maintained one
police force, which shall be National in Scope and Civilian in Character, to be
administered and controlled by the National Police Commission. The authority of the
local executives over the police shall be provided by law.”
RA No. 7438 = An act defining certain rights of the person arrested, detained or under
custodial investigation as well as the duties of the arresting, detaining, and investigation
officers and providing penalties for violation thereof.
CRIMINAL INVESTIGATION PROPER
Learning outcomes under this lesson:
At the end of this lesson, you would be able to:
1. know the basic principles of criminal investigations.
Table of contents

1. Basic steps in crime scene investigation

2. Starting points of criminal investigation

3. Six cardinal points of criminal investigation

4. Golden rule in criminal investigation
1. Basic steps in crime scene investigation
1. RECOGNITION- involves the efforts of identifying data, including physical things that may
provide relevant information regarding the criminal case being investigated.
2. COLLECTION- refers to the act of gathering those identified data or facts, or physical things
that are significant to the case under investigation.
3. PRESERVATION- includes act of keeping the collected pieces of evidence in their true and
original for, preventing contamination or destruction of its substantive value.
4. EVALUATION- the process of determining the probative value of the evidence.
5. PRESENTATION- It is the function that is primarily manifested inside the courtroom.
2. Starting points of criminal investigation
1. STATE THE PROBLEM-It is done by asking the 5W's and 1H questions what, who, where,
when, why, and how about a crime committed. These questions are termed the "cardinal
points" of a criminal investigation.
2. FORM HYPOTHESES-These are educated guesses made pertaining to crimes under
investigation. It answers the 5Ws and 1H however which could be accepted or not upon
inquiry or proper investigation.
3. OBSERVE AND EXPERIMENT-This steps focuses on the actual process of conducting the
investigation such as surveillance, undercover operations, and the like to gather information
concerning a certain person, thing, or organization related to criminal activities or criminals.
4. INTERPRET DATA-After the observation and experimentation, the interpretation of data
comes in whereby the investigator will evaluate and assess the gathered information (pieces
of evidence) if it is relevant, important in the investigation.
5. DRAW CONCLUSIONS-Just like other fields or professions, concluding is the last step in
the process but in an investigation, upon drawing a conclusion, it does not close the case,
rather it opens the beginning of the prosecution of crimes or the offenders.
3. Six cardinal points of criminal investigation
1. WHO QUESTIONS: These are questions used to inquire on the identity of the victims or
offended party, name of suspect, accomplices, accessories, and witnesses of the crime.
2. WHAT QUESTIONS: The purpose of these types of questions is to find out what
happened or what took place before, during, and immediately after the commission of the
offense.
3. WHERE QUESTIONS: These are questions that localize the place of the incident- the city
or town, the district or barangay, the street or road, the number of the house or building.
Where questions are necessary for specifically pinpointing the particular location of the
crime scene.
4. WHEN QUESTIONS: These are questions needed to determine and fix the time, day,
month, and year when the crime was committed. When questions should be specified and
as accurate as possible.
5. WHY QUESTIONS: These are questions that endeavor to ascertain the motives, causes,
antecedents, previous, incidents, related facts, background occurrences that might help
explain the commission of the offense.
6. HOW QUESTIONS: These are designed to help the investigator determine how the crime
was committed, the means/tools are employed, the crime was discovered, and the culprit
enters the building/room.
4. Golden rule in criminal investigation
GOLDEN RULE OF INVESTIGATION:
The golden rule states "Do not touch, alter, move, or transfer any object at the crime
scene unless it is properly marked, measured, sketched and/or photographed.”

o
The purpose of this rule is to avoid the mutilation, alteration, and contamination
(MAC) of the physical pieces of evidence found at the crime scene.
3 I's OF CRIMINAL INVESTIGATION, ARREST,
SEARCH & SEIZURE, CRIME SCENE SKETCH
& SEARCH, INFORMATION & PHYSICAL
EVIDENCE COLLECTION & INTRODUCTION
TO CRIMINALISTICS
Learning outcomes under this lesson:
Under this lesson, you should be able to:
1. familiarized the important tools in criminal investigations.
2. differentiated arrest, search, and seizure.
3. known and memorized the instances of warrantless arrest and warrantless search.
4. familiarized the simple procedures in handling and collecting pieces of evidence.
5. discern the significance of criminalistics in criminal investigations.
Table of contents

1. Information

2. Interview and interrogation

3. Instrumentation

4. Arrest

5. Warrant of Arrest

6. Attitudes of an officer during an arrest

7. Warrantless Arrest

o
8. Search
8.1. Raid Operation

9. Definitions of Related Terms

o
o
o
o
10. Information and physical evidence
10.1. Forms of information
10.2. Classes of Evidence in Criminal Investigation
10.3. Portrait Parle (Verbal Description)
10.4. Evidence

11. Burden of proof

12. Elements of crime

13. General types of suspect identification

14. Reasons for going back to the crime scene

15. Other sources of information

16. Rules of computer evidence

17. Process of collecting pieces of evidence

18. Introduction to criminalistic

19. Modern discoveries of instrumentation
1. Information
In a criminal investigation, we have the so-called three tools or sometimes called the I’s
of criminal investigation to include Information, Interview and Interrogation, and
Instrumentation.
1. INFORMATION = It is the knowledge or facts which the investigator had gathered or
acquired from persons or documents, which are relevant concerning the commission of the
crime or criminal activities.
INFORMATION CLASSIFIED AS TO ITS SOURCES:
a) Regular Sources - Records, files from the government or non-government agencies,
and news items. The bulk of application of this nature is news items. Included also are news
or TV broadcast, intercepted radio, telephone messages, and stored computer areas.
b) Cultivated Sources - Information furnished by informants or informers.
c) Grapevines sources - When the information is disclosed by the underworld characters
such as prisoners or ex-convicts.
Aside from the data which were gathered by the investigator from other persons including the
victim himself and from:
1. Public Records
2. Private Records
3. Modus operandi file
2. Interview and interrogation
2. INTERVIEW AND INTERROGATION - Interview and interrogation are similar to each
other, in the sense that, they are both ways of obtaining information from a certain suspect
or person that knows about a crime.
a. Interview
An interview is the simple questioning of a person believed to possess information, which is
relevant to the investigation of a crime or criminal activity.
b. Interrogation
Interrogation is the vigorous and confrontational questioning of a reluctant suspect about
his participation in a crime. This process is also applied to an uncooperative or recalcitrant
witness. The purpose of Interrogation is to obtain confession or admission from the
suspect and to learn relevant information from uncooperative witnesses.

In today's era, the word interrogation is being avoided, and instead, police use the
term interview for interrogation. This is because the term interrogation accordingly,
there is a notion that it is harsh and threatening.
3. Instrumentation
3. INSTRUMENTATION (sometimes called Criminalistics) - It is the process of applying
instruments or tools of the police sciences in criminal investigation and detection. This is
the use of the Police Laboratory in the examination of physical pieces of evidence.

Instrumentation includes lie detection, forensic photography, ballistics, fingerprinting,
and others.
1.
2.
3.
4.
5.
6.
7.
8.
Firearms identification
Fingerprint examination
Questioned document examination
Photography
Polygraphy
Forensic chemistry
Physics
Biology
Methods of recording the investigation:
1.
2.
3.
4.
5.
6.
7.
8.
Photographs
Sketching the crime scene
Written notes- memoing
Developing and lifting fingerprints found at the crime scene
Gathering physical evidence
Plaster cast
Audio and video recording
Written statements of suspect/s, witness/es, victim/s
4. Arrest
ARREST:


It came from the Latin word “arrestare” which means “cause to
stop” and “restare” which means “stay behind.” These terms were used as early as
during the 14th century.
It is the taking of a person into custody in order that he/she may be bound to answer for
the commission of an offense (Sec. 1, Rule 113, Rules of Court).
How arrest is made:

It is made through actual restraint of a person to be arrested or by his/her submission to
the custody of the person making the arrest.
Two modes of arrest:


Arrest by virtue of a warrant
Arrest without a warrant under exceptional circumstances as may be provided by the
statute (Rules of court).
5. Warrant of Arrest

It is an order in writing issued in the name of the People of the Philippines, signed by a
judge directed to a peace officer, commanding him to arrest the person designated and
take him into the custody of the law in order that he may be bound to answer for the
commission of an offense.
Essential requisites of a valid warrant of arrest:

It must be issued upon the probable cause which may be determined personally by a
judge after examination under oath or affirmation of the complainant and the witnesses
he may produce
Probable cause:


It refers to the evidence that warrants a person of reasonable caution in the belief that a
crime was committed
The warrant must particularly describe the person to be seized.
Execution of warrant of arrest:



The head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within 10 days from its receipt.
Within 10 days after the expiration of the period, the officer to whom it was assigned for
execution shall cause the warrant to be executed within 10 days from its receipt.
Even if not served within the statutory period; a warrant of arrest remains valid, unless:
1. The warrant was recalled by the issuing court;
2. The respondent was already arrested
3. The respondent voluntarily submitted himself/herself to the jurisdiction of the issuing
court; or
4. The respondent died.
Note: A warrant of arrest has NO EXPIRY DATE. It remains valid until an arrest is effected or the
warrant is lifted.
Principles of Arrest:
1. A warrant of arrest is enforceable only within the territory of the government or state
issuing the warrant.
2. In warrantless arrest based on the commission of a crime, the crime must have been
committed within the territory of the government or state whose agents are carrying out
the arrest.
3. In an arrest based on a warrantless arrest, it is not essential that the arresting officer has
the warrant in his possession at the time he carries out the arrest.
6. Attitudes of an officer during an arrest
1. Be natural and pleasant, but forceful and aggressive.
2. Dominate the situation.
3. Voice must command authority.
4. Demand prompt and absolute obedience.
5. Nervousness should be controlled.
6. Avoid acting “tough”.
7. Avoid profanity.
8. Avoid being reticent.
9. Avoid unnecessary conversation.
10. Investigator in charge does the talking and gives the commands


The constitutional rights of a person arrested are enumerated under Article 3 of the
19987 Philippine Constitutions. However, these rights are emphasized or specifically
identified under Republic Act# 7438.
The right suspect to have his counsel must be observed. RA # 857 (as amended by EO #
155 on March 20, 1087) penalizes any public officer who deprives a person of his right to
counsel. The penalty imposed by the law is prison correctional (Imprisonment of 6
months and 1 day to 6 years).
7. Warrantless Arrest
As a general rule, it is requisite that a warrant should be issued in the name of the person to be
arrested. Any peace officer who arrests a person without a warrant may be liable under Art. 125
of the RPC (Arbitrary detention). The following are the situations in which a police officer may
arrest a person without a warrant based on Rule 113, section 5, rules o court:







When, in his/her presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
When an offense has in fact just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it.
When the person to be arrested is an escapee. Those who escaped from any
establishments or place where they are serving final judgment or are temporarily
confined while their cases are pending, or have escaped while being transferred from
one confinement to another may be arrested by any peace officer or private person
without a warrant.
When the right is validly waived. This is when the person arrested, consented to the
arrest, despite no warrant showed, despite no warrant showed, the person is willing to be
taken into custody.
When an accused who was released on bail attempts to depart from the Philippines
without prior permission of the court where the case is pending.
Violent insanity.
Ailment requires compulsory confinement in a hospital.
Guidelines for use of force when making an arrest:
1. No resistance-use of force
2. Resistance-This must be used only as much force as necessary to overcome resistance.
Rule 7 of Police Operation Procedure (2010) provides that reasonable force can be used
during an armed confrontation. The police may use reasonable force to overcome the
threat posed by the suspect. However, an officer in charge of the operation shall at all times
exercise control over his/her men in the area, and shall ensure that no innocent civilian is
caught in the crossfire.



Threat to officer’s life-used of deadly force
Use of Deadly force-The use of excessive force shall be avoided. The use of a firearm is
justifiable by virtue of the Doctrines of Self-Defense, Defense of Relative, and Defense of
Stranger, and if the police have probable cause to believe that the suspect poses an
imminent danger of death or serious physical injury to the police or other persons.
The police shall not use warning shots during any police interventions.
JOHN DOE WARRANT (RICHARD DOE/ JANE DOE WARRANT)

It is a warrant containing no specific name of the person to be arrested but only
descriptions based on the testimonies of the victim/s or the witnesses/es. It contains the
physical description of the accused as well as other factors to be considered for the
identification of the accused (Sadili & Pena, 1998).
ALIAS WARRANT

It refers to the warrant of arrest issued by a judge to the peace officer after returning the
original warrant of arrest after the lapse of the 10-day validity period.
WARRANT OFFICER

It refers to any officer authorized member from the law enforcement agency usually from
the PNP or NBI who holds a warrant for execution within 10 days from receipt subject to
renewal in case of failure to execute the same.
8. Search


It was derived from the Anglo-Norman word “searcher,” Old French cerchier which
means “to explore,” Latin word “circare" which means “go around in circles.”
As used in criminal investigations, it is the act of examining persons, documents, papers,
and effects.
SEARCH WARRANT
ü It is another order in writing issued in the name of the People of the Philippines, signed
by the judge and directed to a peace officer commanding him to search for personal
property and bring it before the court.
Requisites before a search warrant are issued
A search warrant shall not be issued, except:
1. Probable cause exists in connection with one specific offense.
2. The presence of probable cause is determined personally by the judge after an
examination
3. The judge must have personally examined, in the form of searching questions
and answers, the applicant and his witnesses and taken down their written
depositions.
4. The search warrant must particularly describe or identify the property to be
seized as far as the circumstances will ordinarily allow.
5. The warrant issued must particularly describe the place to be searched and the
persons or things to be seized.
6. The warrant shall be issued only for one specific purpose.
7. It must not have been issued more than 10 days prior to the search made
pursuant thereto based on sec. , rule 126, rules of court.
Who should witness a search?
8. The legal occupant thereof
9. Any member of his/her family
10. In the absence of the latter, two witnesses of sufficient age and discretion reside
in the same locality according to sec. 8, rule 126 of the rules of court.
Properties that are subject to seizure
11.
12.
13.
14.
The subject of the offense;
Stolen or embezzled properties;
Proceeds or fruits of the offense; and
Property used or intended to be used as means for the commission of an offense.
Instances of a warrantless search
15.
16.
17.
18.
19.
20.
21.
Consented Search
Search is incidental to a lawful arrest
Search in violation of tariff and custom laws
Plain View Doctrine Search
The search for Moving Vehicles
Inspection of buildings for fire and sanitary regulations
Frisk search
Types of search after arresting a suspect
1. Wall search- The initial purpose of this search is to put the suspect in an “offbalanced position.” This is the safest type of search; it does not necessarily require a wall.
Any objects that can support the weight of the suspect (such as a car) can be sued.
2. Standing search-This is done by instructing the subject to raise his hands above or
behind his/her head with feet spread apart as far as possible. In some situations, this is
not recommended because some suspects could still maintain their balance.
3. Kneeling search-This requires the suspect to kneel on the ground with hands raised
over or behind his/her head. Note that some suspects could still make counteractions
against the arresting officer even if they are assuming this position.
4. Prone search-The suspect in this search lies on his stomach with arms and legs
outstretched. One disadvantage of this search is that the suspect’s frontal area cannot be
searched properly. This type of search can be dangerous if the subject has knowledge of
judo, aikido, and other similar forms of defense tactics.
8.1. Raid Operation


Every member of a law enforcement organization must know the technique of
conducting a raid. Raid is usually made after careful investigation and when another
method of accomplishing the mission is not suitable. Whenever available, men
experienced in conducting police raids should be chosen as raid commanders.
Raid-It is a surprise invasion of a building or area. It is a small-scale attack on a limited
territory. A raid must be legal, have its basis in lawful process, and be conducted in a
legal manner through a search warrant or warrant of arrest. Raid may be in pursuit of a
person reasonably believed to be guilty of a felony that has just been committed.
Purpose of raid
1. To effect apprehension
2. To obtain evidence of illegal activity by surprising the offenders in flagrante delicto.
3. To recover stolen property
Effectiveness of a raid
1.
2.
3.
4.
5.
Size of the raiding party
Surprises
Speed
Superiority of arms
The simplicity of plan and operation
Qualifications of a raid team
1.
2.
3.
4.
5.
6.
7.
Has leadership
Good Judgment
Tactfulness
Coolness and stability
Experience
Discipline
Steady nerves and mental stability
Composition of the raid team
1.
2.
3.
4.
5.
6.
7.
Raid commander
Assisting raid commander
Covering or surrounding party
Going-in detail or entering the party
In charge of raiding vehicle
In charge of rendering inoperative to the subjective to the subject’s vehicle, if any
Recorder who should keep a log of the raid, gather evidence, make inventories and
testify in court
8. Photographer
9. Definitions of Related Terms
SHOOT-TO-KILL


It is a deadly force, lethal or fatal in nature that causes death
In police parlance, it refers to the act of killing someone especially when such person is
involved in the commission of a crime
Note:
On the legality of shoot-to-kill order, it is believed that as part of effecting arrest and
search or enforcing the law needs to be guided by legal established rules. However, there is
no existing law or jurisprudence authority in the Philippines, that legally allows this kind of
order. It is therefore not only considered a palpable, flagrant, deliberate, and intentional
violation of the constitutional and procedural due process and violation of human rights
but more importantly, is inherently illegal per se.
USING OF HANDCUFF




Handcuffs are the best method of restraint if it is applied properly; it is a good preventive
measure but if improperly applied they could be dangerous.
It is a pair of lockable linked metal rings for securing a prisoner's wrists.
Handcuffs are the best method of restraint. If applied properly, it is a good preventive
measure but if improperly applied, it could be dangerous.
The basic procedure for using handcuffs is as follows:
1. Take position directly behind the suspect. Put handcuffs when the suspect has placed his
hands on his back.
2. Avoid reaching out for the suspects' hands. The suspect might be given an opportunity
to grasp your hand and put you in a critical position.
1st order: “Take your right hand off the wall, place it at your back”
(Fasten the handcuff to his hand and firmly hold the other cuff.)
2nd order: “Move near the wall” (Allow the suspect to move closer to the wall, making sure
his feet remain far enough to keep him off-balance.)
3rd order: “Take your other hand off the wall, place it at your back.” (Fasten the other
handcuff and double-lock both handcuffs.)
Final order: “Remain facing the wall”
COMPLAINT

It is a sworn written statement charging a person or a group of persons with an offense
that is subscribed by the offended party such as the victim/s of the offense committed,
or any other peace officer charged with the enforcement of the law violated.
INFORMATION

It is an accusation in writing charging a person or a group of persons of an offense that
is subscribed by the prosecutor or fiscal. It is substantiated on oath and includes the
name of the party, the offense committed, facts of the offense and other factors relevant
(Curton,1989) .
10. Information and physical evidence
A. DEFINITIONS OF CRIMINAL LAW





Criminal law is defined as that branch of the municipal or substantive law that defines
crimes, treats of their nature, and provides for their punishment.
Felonies are acts and omissions punishable under the Revised Penal Code (RPC).
Felonies are committed not only by means of deceit but also by means of fault.
Deceit (dolo) is when the act is performed with deliberate intent
Fault (culpa) is when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill (Article 3, RPC).
Offense-Act is punishable by special statute.
10.1. Forms of information
1. Sensory form – This is the form of information wherein information was acquired
through the five senses: eyes, ears, nose, tongue and hands can perceive the
manifestation of criminal event.
2. Physical form – The form of information that can give information to the person
because of its physical appearance. The information may actually be in physical (real)
form, physical objects w/c prove upon evaluation to be a clue in the investigation.
10.2. Classes of Evidence in Criminal Investigation
1. Testimonial Evidence – the most common form of evidence obtained by interview and
interrogation in which witnesses smell, hear, taste, and touch are being described
through oral and written testimony.
o Ordinary witness- Any person who perceived the commission of a crime and
testified before the court is considered an ordinary witness.
o Expert Witness- A person is deemed as an expert witness if his/her testimony
concerning the investigation of a crime is based on his/her training and
experience.
Note: A witness can testify only to those facts which he/she knows of his/her own
knowledge; that is which are derived from his/her own perception, except as otherwise
provided on the rule (Sec. 30, Rule 130, Rules of Court).
2. Documentary Evidence – is writings, including official records, or contents that
“could speak for themselves” when read by the investigation and the court. They may be
collected through voluntary relinquishment or by a Subpoena Duces Tecum (court order)
which compels the party to bring the records to the court. The following are examples of
documentary evidence:
1. Medical Certification or Report on:

o
o
o
o
o
o
o
Medical Examination
Physical Examination
Necropsy (Autopsy)
Laboratory
Exhumation
Birth
Death
2. Medical Expert Opinion
3. Deposition- A deposition is a written record of evidence given orally and transcribed in
writing the form of questions by the investigator and the answer of the deponent signed
by the latter.
3. Physical/ Real/ Object/Autoptic Evidence – are physical objects used as evidence w/c
are obtained through searches at the scene of the crime. Articles and material found in
connection with the investigation, aid in establishing the identity of the
perpetrator. Legally, object evidence refers to evidence made known or addressed to the
senses of the court. It is not limited to that which is known through the sense of vision
but is extended to the sense of hearing, taste, smell, and touch.
Kinds of physical evidence
1. Corpus delicti – objects/substances which are essential parts of the body of the crime.
This is a Latin term, which means the body of crime so that in order to prove
something such as the existence of the crime of murder, the body of the victim and
circumstances surrounding the crime must be proven. Other example includes the
prohibited drugs recovered from a person, a dagger with blood stains or fingerprints of
the suspect, and a stolen motor vehicle identified by plate number.
2. Associative evidence – evidence that links the suspect to the crime scene or offense
such as fingerprints & shoe prints. The offender may leave clues at the scene such as
weapons, tools and garments. Broken headlight glass found at the crime scene in “hit
and run homicide” may be associated with the car found in the repair shops.
3. Tracing evidence – article w/c assist the investigation in locating the suspect such as
ID and other personal documents (birth certificate, diary) that may identify the person
concerned. A physician’s clinic record may show medical treatment of suspect for
injuries sustained in an encounter, or that bloodstains recovered from the area
traversed by the wounded suspect infer direction of the movement are examples of
tracing evidence.
4. Circumstantial evidence – Identification is being established indirectly by proving
other facts or circumstances from which, either alone or in connection with other
facts. The identity of the perpetrator can be inferred.
10.3. Portrait Parle (Verbal Description)
The success of this method depends on the ability of a witness to describe the person he
saw committing the crime. The witness provides a vivid description (strong and clear mental
picture) or pictorial physical appearance of the criminal. He may do it by direct description
or by comparison.
The following basic requirements must be be included in the verbal description:
1. General Impression: type, personality, apparent social status.
2. Age and sex
3. Race or color
4. Height
5. Weight
6. Built-Thin, slender, medium or stout
7. Posture: erect, slouching, round shoulder
8. Head: size, and shape
9. Hair: color, length, baldness
10. Face: General impression
1.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Forehead: high, low, bulging, or receding
Eyebrows: brushy or thin, shape
Mustache: Length, color, shape
Ears: size, shape, size of lobe, angle of set
Eyes: small, medium or large, color, eyeglasses
Cheeks: high, low or prominent medium cheekbones, flat or sunken
Nose: short, medium or big, or long, straight, aquiline, or flat or pug
Mouth: wide, small or medium; general impression
Lips: shape; thickness, color; color
Teeth: shade, condition, defect, missing elements
Chin: size, shape, general impression
Jaw: length, shape, lean, heavy or medium
11. Neck: shape, thickness, length; Adam’s apple
12. Shoulder: width and shape
13. Wrist: size and shape
14. Hands: length, size, hair, condition of the palms
15. Fingers: length, thickness, stains, shape of nails, condition of the nails
16. Arms: long, medium or short; muscular, normal, thin, thickness of the waist
17. Feet: size and deformities
Portrait Parle (Spoken Picture)-This refers to verbal, accurate, and picturesque
descriptions of the person identified. Such information may be given by the witness,
relatives, or other persons who are acquainted with the physical features of the person to
be identified.
Rogues Gallery (use of photographic files/mug files). This method is successful if there
is an existing photograph of the perpetrator in the files/gallery of the police or law
enforcement agencies. The witness is invited to the police station and then requested to
examine the photographic files of known criminals. If the situation requires, the Modus
Operandi file may be shown also to the eyewitness if he/she has knowledge of how the
crime was committed. The witness is instructed to immediately call the attention of the
investigator if he finds any strong similarity or any resemblance to the smallest feature
of the face.
General Photograph Method
In this method, the investigator shows a variety of facial types that may not
necessarily/directly represent the face of the criminal. The photograph was shown to the
witness only represents different features of the face. The image in the picture maybe
similar and thus includes the various features such as:
1.
2.
3.
4.
Degree of baldness
Length and shape of nose
Size of the ears
Formation of the chin, jaw, cheekbones, etc.
Cartography
The witness and the investigator develop a picture of a criminal with the help of a skilled
cartographer. Based on the description provided by the witness, the artist draws a
composite face that approximates the criminal’s facial appearance to facilitate the process,
an ID-Kit can be employed. The witness shows a chart containing representations of various
types of human features and then he is requested to select specific features until a
composite face is developed.
Police Lineup (as distinguished from show-ups)v
This involves the process of allowing a witness to select the primary suspect from a group
of chosen persons(suspects and innocent persons). This method is more convenient than
the other methods since the element of suggestion is avoided or minimized in the
identification process. Thus, the primary purpose of using the police line-up is to eliminate
the element or power of suggestion by the investigator or any assistant of the
investigator while the witness is in the process of identifying the offender.
10.4. Evidence
EVIDENCE is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact (Sec 1, Rule 128, Rules of Court).
KINDS OF EVIDENCE:
Considering the kinds of evidence written in the Rules of Criminal Evidence, the following are
included:
1. Direct evidence
2. Circumstantial evidence
3. Primary evidence
4. Secondary evidence
5. Positive evidence
6. Negative evidence
Competent evidence
8. Object (real) evidence
9. Documentary evidence
10. Testimonial evidence
11. Substantial evidence
12. Corroborative evidence
13. 1Cumulative evidence
14. Prima facie evidence
15. Conclusive evidence
16. Relevant evidence
17. Material evidence
11. Burden of proof
BURDEN OF PROOF
Presented below is a summary of who shall have the burden of proof on the different
given situations:
SITUATION
Alibi Defense
WHO SHALL HAVE THE BURDEN OF PROOF?
The burden of proof lies on the suspect.
He who introduces and presents the document as evidence has the
burden of proof to prove its authenticity.
The regularity of its execution is presumed in law. The confessant has
the burden of proof to prove otherwise.
In all criminal prosecution, the burden of proof is on the prosecution to
Corpus delicti
prove the corpus delicti.
The accused has the burden to prove that he is insane at the time when
Insanity
he committed the crime.
As a rule, the accused has the burden of prove that he is covered by the
Exempting
exemption of criminal culpability. An exception to the rule is a part of
circumstance
the description of the offense in which case, the prosecution has the
burden to prove otherwise.
Please of self-defense The burden of proof is on the part of the accused who professes selfdefense as a justifying circumstance.
Place of commission of The burden of proof on the prosecution
a crime
The accused has the burden to prove sufficient provocation on the part of
Provocation
the offended party when the crime was committed.
Authenticity of
document
Confession
12. Elements of crime
1. Intent/Motive
2. Opportunity
3. Instrumentality
These are the elements of the crime. Without these elements, there’s no crime to talk
about. Below is the illustration of the crime of the three elements of the crime.
13. General types of suspect identification
1. Positive Identification – this use information that identifies an individual beyond
question and is legally acceptable as about and originating from a particular individual.
Examples are the following:
a) Information developed after comparing questioned with inked fingerprints;
b) Result of DNA analysis of blood and semen
2. Tracing Identification – this involves the use of all other information that may
be indicative of the personal identity of an individual. Examples include the following:
a) Description of witnesses as to the appearance of culprits;
b) Information about the presence of a suspect’s personal belongings at the crime scene.
14. Reasons for going back to the crime scene
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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 goes back to the scene at the exact time when the crime occurred, to
see for himself the order of things at that precise moment.
His note of concern shall be the lighting 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 may be inadvertently considered irrelevant during the crime scene
investigation. Thus, there is a need to go back.
15. Other sources of information
1. Government Records – Police files, NBI files, Bureau of Immigration files, COMELEC files,
files from the local jails, and the National Bureau of Prisons and other government agencies.
2. Private Records – From private offices and business and non-government organizations.
3. Intercepted Messages – From telephones, cellular phones, radio telecommunications,
and other means of communications.
4. Records of the Firearms and Explosive Unit concerning licensed holders of firearms
and authorized possessors of explosives.
5. Fire Busting – Tracing the chain of possession of a firearm, from the manufacturer,
distributor, seller, and to the last processor. This could be done through the files of the FBI
and other US police agencies.
6. Stored Data on Computers and Cellphones – Only experts must be employed to
retrieve these stored data.
16. Rules of computer evidence
The following are strongly suggested when evidence involved computers that may contain very
important stored data:
1. When the computer is OFF at the time of arrival, do not turn it on.
2. When it is ON, do not turn it OFF nor touch its mouse or keyboard.
3. The unplugging of the computer whether it is ON or OFF should be done by pulling out
the cable directly from the back of the Central Processing Unit.
4. Each unplugged cable should be marked in the same marking corresponding to the
socket from where the cable was unplugged.
5. The computer should be carefully handled and packed for transport to the police station.
6. Only computer forensic experts should search for any information or evidence contained
in the hardware.
7. The expert should duplicate the computer and the evidence custodian for future court
presentation should keep the original. Search and analysis must be undertaken using
the image disk.
17. Process of collecting pieces of evidence
COLLECTING, MARKING, TAGGING, AND PRESERVING EVIDENCE
In the process of investigation, the responding team members should be knowledgeable on
the proper actions to be done on specific kinds of pieces of evidence found at the scene of
the crime. To give you some information on the proper methods, the following must be
observed:
1. COLLECTING EVIDENCE – All items that were found at the crime scene should be
collected. The collecting officer should not decide whether a certain item is relevant or
irrelevant. Small pieces of evidence also must have to be given importance, thus collecting
them is necessary.
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
In collecting firearms as evidence found in the crime scene, cautious action should
be employed. The firearm should be lifted using string or handkerchief in its trigger
guard to avoid destruction of possible latent prints in the firearm.
Liquid pieces of evidence such as blood, mucous, urine, and other body fluid can be
collected using a dropper and stored in a sealed container to maintain the same
physical nature as found in the crime scene. However, clotted blood and other
hardened pieces of evidence can be collected by scraping with the use of any
available instrument. Samples are very important for laboratory testing.
2. MARKING EVIDENCE – As evidence is collected, it is individually marked with the initials
of the investigator. The marking tool depends upon the nature of the evidence. If it is a
hard object such as metal, the initials are scratched or engraved by the use of sharppointed steel, which is called a stylus.
Methods of Marking Specific Evidence
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Revolvers must be marked separately on the BARREL, FRAME, and CYLINDER. Tape
should also be put around the bore and the frame of the gun with the signature of
the investigator.
Pistols must be marked on the BARREL, UPPER RECEIVER, FRAME, AND MAGAZINE.
The tape must also be put around the gun with a signature to avoid changing the
parts of the gun that may affect the result of laboratory examination.
Rifles should be marked on the BARREL, FRAME, MAGAZINE, BOLT, OR SLIDE. All
magazines and accessories shall also be marked.
Revolver Cylinder – Aside from the mark on the Cylinder, the CHAMBER facing
the firing pin must be marked as soon as it is opened for examination. A drawing
must depict the chamber facing the firing pin, the respective position of the fired
empty shells, misfired or dud cartridges. A detailed examination of the respective
position of this evidence could make or unmake a claim of self-defense.
Fired Empty Shells, Misfired Cartridges – Strictly regulations say they must be
marked inside/outside the mouth of empty shells. It is nearly impossible to mark
them inside the mouth, especially .22 caliber shells. But they could be marked on
the side of the body of the shells, not on the base.
Bullets/ Slugs/ Balls – A bullet or slug can be marked on the ogive or
nose as well as in the base. The initials of the investigators and/ or date should be
marked on those parts so that the rifling (land and grooves) found in the bullet or
slug will not be disturbed because they are very important for laboratory
examination.
3. TAGGING EVIDENCE - Evidence which by its nature could not be marked on each
surface such as blood, hairs, fibers, are placed in the plastic container where that container
is then marked, we call such practice as tagging the physical evidence with the use of card
where the initials of the investigator, date and time of collection, specific case and other
information can be written.
4. PRESERVING EVIDENCE – Perishable material should be preserved by the way or the
preservation so that they will reach the court in the same physical condition as when they
were collected from the crime scene. This is the work of a laboratory technician.

Chain of custody is the number of persons who handled and possessed the pieces
of evidence the moment that they were collected, marked, and tagged, up to the
time of the final disposition of the case.
18. Introduction to criminalistic

INSTRUMENTATION - is the application of instruments and the laws of physical
sciences in the investigation and detection of crimes and criminals. This is otherwise
known As Criminalistics. The persons applying the forensic sciences in crime detection
are sometimes called Forensic Detectives.
1. POLYGRAPHY OR LIE DETECTION TEST = Up to now, there is no judicial ruling as to
the admissibility of the result of a polygraph examination. But as a part of police
investigation, it is admissible at that point. Hence, the use4 of this science as part of
criminal investigation is admissible as police procedure. William Marston is considered the
father of modern polygraphy.
2. POLICE PHOTOGRAPHY = The photograph of the crime scene and the pieces of
evidence thereat are real pieces of evidence because they are addressed to the senses of
the court. Motion pictures taken during bank heist are important in the prosecution of
criminals. William Henry Fox Talbot, Joseph Nicephore Niepce, and Jacques Mande
Daguerre are considered the pioneers of photography. They were the individuals who
spread the photographic process that was patented by them.
3. FORENSIC CHEMISTRY = It involves the use of the science of chemistry in the
examination of fibers, hairs, powder burns, blood, stain, paints, poisonous substances and
other matters in their relevance to the investigation. The Forensic Toxicologist determines
the qualitative and quantitative poison that may have caused the death and he alone is the
authority concerning poisons.
4. FORENSIC MEDICINE = The Forensic Pathologist examines the cadaver of a person
thru an autopsy to determine the cause of death as one of the elements of corpus delicti.
This science could also approximate the time of death and other pertinent and relevant
matters in the investigation. Based on history, the father of forensic medicine is Paulus
Zacchias.
5. FORENSIC BALLISTICS or FIREARMS IDENTIFICATION = This is the science of firearms
identification. In crimes involving the use of firearms, the bullets ad shells found at the
scene of the crime are compared microscopically with that of the suspected firearms. A
firearm has its own individual characteristics different from others with the same class
characteristics. When there are identical findings, the conclusion is that the ballistics
evidence found at the crime scene was fired from the same firearm. The comparison
microscope and other instruments are used in firearm identification. The father of forensic
ballistics is Col. Calvin H. Goddard.
6. DACTYLOSCOPY or PERSONAL IDENTIFICATION = This is otherwise known as the
science of fingerprint identification is one of the means to identify the suspect or unknown
cadavers. It is based on the fact the no two persons have the same or identical fingerprints.
Fingerprints have their own individuality and immutability. Edward Richard Henry is
considered the father of fingerprinting in the world since his work has a great influence to
several law enforcement agencies not only in the Philippines but also in other countries.
The fingerprint system that the Philippines is using is the combination of Henry-Galton and
the FBI System with modification and extension.
7. QUESTIONED DOCUMENTS EXAMINATION = Suspected forged or falsified documents
are subjected to animation by the Questioned Document Expert to establish if there are
alterations, superimposition, or erasures, either mutually or chemically. A Forensic Chemist
assists the expert if there is the use of chemicals in the forgery or falsification. Albert S.
Osborn published his book entitled “Questioned Documents” which made him the most
influential person in that field and making him the father of Questioned Documents.
8. FORENSIC ODONTOLOGY = The removal of dentures are of paramount importance in
the identification of unknown bodies especially when other means of identification are lost
due to burning or extremely advanced state of decomposition. The Forensic Dentist is the
ones who conduct examinations of dentures for the purpose of identification.
9. FORENSIC PSYCHOLOGY = This is a very recent science in the field of criminal
investigation and detection. In the website of the FBI, the crime scene is examined by the
Forensic Pathologist and from there, he could describe the unknown criminal, his
deformities, height and even his way of living. In some cases, solutions were done with this
new science.
10. FORENSIC COMPUTER TECHNOLOGY = This is the age of advanced information
technology. Every human transaction today is with the use of these technologies.

A new expert in the field of investigation and detection is the Forensic Computer
Technologist who is now added to the list of experts in their own field of studies.
19. Modern discoveries of instrumentation
1. DNA (DEOXYRIBONUCLEIC ACID) = DNA Fingerprinting is considered to be the
ultimate identification test in the conduct of the criminal investigation. It provides 100
percent identification of a suspect whose blood, semen, and/or other DNA-bearing body
tissues or fluids were found at the crime scene or with the victim. The discovery in genetics
is that no two persons have the same DNA profile, except identical twins.

The father of DNA is Sir Alec Jeffreys who discovered this branch of genetics in
England. The DNA of an individual is formed by a combination of the DNAs of the
father and mother. The DNA profile is like a bar code that is found in every
commercial product, printed on their package, wrapper, box, or container.
2. HAIR EXAMINATION = The roots of the hair when examined under this new technology
will determine the presence of drugs taken by the person two years before the said
examination.
3. AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM = A questioned fingerprint is
feed into the AFIS machine which will automatically search the files of fingerprints and
renders reports in a matter of seconds.
4. GLOBAL POSITIONING SYSTEM (GPS) = This is for the effective identification of the
location of criminals and objects thru modern and special gadgets. It points out the exact
location of the subject or the person who committed the crime.