SPECIALIZED CRIME INVESTIGATION 2
COURSE CODE: C126
PRE-REQUISITE: Special Crime Investigation
NO. OF UNITS: 3 units
COURSE DESCRIPTION:
This covers the concept of human rights and victims’
welfare, the nature of transnational and organized crimes,
their
attributes
and
categories.
It
also
includes
international and local organized crime groups. Likewise,
it focuses on Interrogation and Interview as well as the
rights of the accused during custodial investigation.
COURSE OBJECTIVES:
At the end of the course, the students should be able
to:
1. Conduct Criminological research on arrest, search and
seizure.
2. Internalize the concepts of Human rights including the
rights of a person under custodial investigation.
3. Demonstrate
competence
and
broad
understanding
of
criminal detection as criminal justice essentials.
4. Utilize scientific instrumentation in the investigation
and detection of transnational and organized crime.
5. Apply the principles of jurisprudence of evidence as an
expert witness in court.
6. Collaborate effectively and independently with all
criminal investigation members, victims, witnesses and
suspects.
7. Engage in lifelong learning and understanding of the need
to keep abreast on the developments in the field of
criminal detection and criminal justice.
8. Apply professional, social, and ethical standards in the
practice of criminal detection.
9. Effectively communicate orally and in writing using both
English and Filipino with the victims, witnesses and
suspects.
COURSE OUTLINE:
CHAPTER 1: Preliminaries
a. Review on the Fundamentals of Crime Investigation
1
b. History of Criminal Investigation
c. Review on Arrest, Search, Raid
d. Legal Requirements, Bill of Rights
Doctrine
and
Miranda
CHAPTER 2: Confession and Admission
a. Custodial Investigation Extra-Judicial Confession
versus Extra-Judicial Admission
a. Judicial
versus
Extra-Judicial
Admission
and
Confession
CHAPTER 3: Interview and Interrogation Proper
a. Legal Difference of Interview versus Interrogation
b. Interrogation Techniques
c. Types of Subject/s under Interrogation
d. Physiological Symptoms of Guilt
e. Theory of Lie, Kinds of Lie, and Types of Liar
f. Different Methods of Detecting Deception
CHAPTER 3: Practical
a. Prepare/Make
Questions
for
Interview
and
Interrogation of Persons of Interest, Suspects, and
Witnesses
b. Simulate the Conduct of Interview, and Followed by
Interrogation
CHAPTER 4: Legal Writing
a. Affidavit of Confession and Admission
b. Affidavit of Arrest
c. Deposition
d. Complaint Affidavit
e. Affidavit of Witness/es
f. Report Writing
Quirino State University
Cabarroguis Campus
2
Chapter 1
PRELIMINARIES
FUNDAMENTALS OF CRIME INVESTIGATION
A. Etymology of Investigation
1.The term came from the Latin word INVESTIGARE
(vestigare in some books) which means “to track or to
look into for traces”.
2.Fundamentally, it may have been derived from
VESTIGIUM, another Latin word which means footprint.
3.
Criminal Investigation came from the Latin term
INVESTIGAT, which means “to inquire or to discover”
during the 5th century
Criminal Investigation
It is a legal inquiry by virtue of a complaint, to
follow up, examine, trace, track and search, step by step
by patient and meticulous observation, the facts of the
commission of a crime, the identity of the actors, and
the
circumstances
attendant
thereto,
by
careful
evaluation of all available evidences to the end that
violators of law be brought to the bar of justice, and
the innocent be relieved therefrom. (Sadili & Pena, 1998)
Based on ART based on INTUITION and sometimes by CHANCE.
Based on SCIENCE a systematically organized body of
knowledge on a particular subject because it involves the
application of knowledge of forensic sciences.
Based on PROCESS because it involves systematic procedure.
SPECIALIZED CRIMINAL INVESTIGATION
It is the investigation cases that are unique an
often required special training to fully understand its
broad significance.
The study concentrates more on physical evidence;
it’s
collection,
handling,
identification
and
preservation
in
coordination
with
the
various
criminalists in the crime laboratory. Special crime
investigation involves close relationship between the
investigator in the field and the investigator
in the
laboratory.
3
KINDS OF CRIMINAL INVESTIGATION
1. Investigation while the suspect is under arrest and
detention;
2. Investigation while the suspect is
distinguished from fugitive from justice.
“at
large”
as
“AT LARGE” means the suspect is not under arrest or
detention not being a wanted person in the eyes of the
law, and therefore cannot be lawfully arrested without a
warrant.
“FUGITIVE FROM JUSTICE” is necessarily an escapee
from detention or a escaped prisoner while serving
sentence by virtue of a final judgment rendered by a
court of competent jurisdiction who can be legally
arrested (par. C, Sec 5, Rule 113, Rules of Court)
without the necessity of a warrant of arrest. (as
contrast also with evasion)
PHASES OF CRIMINAL INVESTIGATION
1. The identification of criminal.
2. The criminal is traced, located and arrested.
3. The pieces of evidence to prove the guilt of the
accused are gathered.
4. Pieces of evidence are presented in court.
GOALS OF CRIMINAL INVESTIGATION
1. To determine whether a crime has been committed.
2. To legally obtain information or evidence.
3.
To
identify
persons
involved
(suspects/victims/
witnesses).
4. To arrest suspects.
5. To recover stolen properties.
6. To present the best possible case to the prosecutor.
IMPORTANCE OF CRIMINAL INVESTIGATION
1. It provides the facts of a crime and provided with
solutions.
2. It helps the five pillars of the Criminal Justice
System in recognizing and identifying criminal and
provides clues or information in promoting social justice.
3. An aid in enforcing the laws and the protection of
lives and properties.
Quirino State University
Cabarroguis Campus
4
CRIMINAL INVESTIGATOR
one so-called 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. DISCRETION is the wise use of one’s
own judgment.
ROLE OF CRIMINAL INVESTIGATOR
1.
2.
3.
4.
5.
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
Assist in case follow-up
CHARACTERISTICS OF AN INVESTIGATOR
1. PERSEVERANCE refers to the steadfastness, persistence
and resolution to bring the desired conclusion in spite
of obstacles connected with criminal investigation.
2. ENDURANCE this is the ability to last physically and
mentally hence, he must have the extraordinary physical
and mental energy, enduring sleepless nights and tiresome
days.
3. INCORRUPTIBLE HONESTY AND INTEGRITY in the practice of
his art , there is the ever temptations of money, women
and drinks where these are present in every corner
playing tricks of temptations.
4. THE INTELLIGENCE AND WISDOM OF SOLOMON this is very
important in order that the investigator could easily
decipher falsehood from truth and separate the gain from
the chaff.
5. ACTING ACTIVITY 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 this is
important in order that he will not suffer setback in
getting the 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
interview and interrogation.
5
8. COURAGE It is the moral fortitude to tell the truth no
matter who will be hurt.
8. 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 with an accurate
meaning of a certain statement.
10. Working knowledge of criminal Law, Evidence, Criminal
Procedure, and Special Penal Laws. (most important)
10. WORKING KNOWLEDGE OF MARTIAL ARTS AND FIREARMS
PROFICIENCY He will find himself in many occasions that
he will be alone in confronting, arresting, bringing to
headquarters and interrogating the suspect.
HISTORY OF CRIMINAL INVESTIGATION
TIMETABLE:
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 where punishment of an
offender is equal to what he did. It is known to be the
principle of “An eye for an eye and a tooth for a tooth.”
5th
CENTURY
B.C.,
ROME:
Rome
specialized
investigative
unit.
QUESTORS/TRACKERS/MURDERERS.
created
It
was
the
first
named
as
6th CENTURY B.C. ATHENS: Unpaid magistrates (judges),
were appointed by the citizens to make decisions for the
cases presented to them.
In the later part of 19TH Century, England’s king,
Alfred the Great established a system of “mutual pledge”
(social Control), which organized for the security of the
country into several levels:
1. TEN TITHING - One hundred persons are grouped into one
under the charge of a High Constable.
2. TITHING – Ten persons are grouped together to protect
one another and to assume responsibility for the acts of
the group’s members. The one who heads this group is
Quirino State University
Cabarroguis Campus
6
called Tithing Man.
*SHIRES – The divisions of a specific geographic
area. It is being controlled by the king and governed by
a Shire-reeve, or Sheriff.
Alexander the Great was one of history’s greatest
military leaders. At the time of his death in 323 BC, he
ruled over a huge empire in Europe, North Africa, and
Asia.
At about the time of Christ, Rome: The Roman Emperor
Augustus picked out special, highly qualified members of
the military to form the following:
1. PRAETORIAN GUARD – This was considered the first
police officers, their job is to protect the palace and
the emperor.
PRAEFECTUS URBI – Their function is to protect the
city. They have both executive and judicial power.
2. VIGILES OF ROME - The vigiles began as fire fighters,
they
were
eventually
also
given
law
enforcement
responsibilities and they patrolled Rome’s streets day
and night. The vigiles could be considered the civil
police force designed to protect citizens.
It is from them that the word “VIGILANTE” came from.
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.
These
statutes
or
laws
were
promulgated
by
Winchester.
1. The Watch and Ward Act
2. Hue and Cry System
3. Parish Constable
4. Keeping weapon at home for family security
1720’s, England: JONATHAN WILD – a master criminal who
became the London’s most effective criminal investigator.
He was the most famous THIEF-CATCHER in 1720s. He
conceived the idea of charging a fee for locating and
returning stolen property to its rightful owners.
1750s, England: HENRY FIELDING –He was the creator and a
magistrate of the Bow Street Runners; he formed a group
of police officers attached to the Bow Street Court, not
in uniform performing criminal investigative functions.
7
1753, England: JOHN FIELDING – The “blind” younger
brother of Henry Fielding who took over the control of
Bow Street Court in 1753. He also introduced the practice
of
developing
informants,
printing
wanted
notices,
employing criminal raids, and bearing firearms and
handcuffs.
1800, London: PATRICK COLQUHOUN – A prominent London
President who proposed the unique idea of creating
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.
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.”
He is credited, as the founder of La Surete,
France’s National Detective Organization.
1829, London: ROBERT PEELS – The founder and chief
organizer of London Metropolitan Police. He introduced
the techniques in detecting crimes such as detectives
concealing themselves, and secretly photographing and
recording conversations.
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).
1839, Birth Year of Photography: WILLIAM HENRY FOX TALBOT
explained a photographic process he had invented to the
Royal Society of London.
1839, JACQUES MANDE DAGUERRE gave a public demonstration
in Paris of his discovery on the Photographic process he
developed in collaboration with Nicephore Niepce.
(1847-1915), Dr. HANS GROSS – The earliest advocate of
criminal investigation as a science. Gross was a native
of Austria, born in Graz. Educated in law, he became
interested in investigation while serving as an examining
magistrate. He became a professor of Criminology at the
University of Vienna.
1852, U.S.A: CHARLES DICKENS is a great novelist in which
through his story entitled bleak house, he introduced the
term detective to the English language.
Quirino State University
Cabarroguis Campus
8
1852, U.S.A: ALLAN PINKERTON. This individual truly
deserves the title of “America’s Founder of Criminal
Investigation.”
Among
methods
pioneered
by
Pinkerton
were;
“shadowing, roping, undercover.” They work with the
motto “We never sleep.”
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.
1901, ACT NO. 70, otherwise known as the CHARTER OF
MANILA. The creation of a police force for the city of
Manila.
JANUARY 9, 1901 – The Manila Police Department was
organized with Col. Matthew Harmon (1901-1903) as its
first chief of police.
AUGUST 8, 1901 – The Philippine Constabulary
organized that serves as the territorial force
maintenance of peace and order in the country.
was
for
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.
1866, U.S.A: THOMAS BYRNES - He is an unusually keenminded
individual
who
trained
his
detectives
in
recognizing individual criminal techniques. He founded
the
criminal
“modus
operandi,”
or
method/mode
of
operation.
1866, Liberty, Missouri, USA: THE JESSIE JAMES GANG - He
made the first hold-up which marks the beginning of the
gang’s 15 year hold-up and robbery spree (12 bank holdups and 12 train robberies in 11 states). Clay County
Savings Association (CCSA) was their first victim and
their take was $60,000,000.00.
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 as the founder of Criminal
Investigation in France.
1913, PHILIPPINES - The official genesis of Criminal
Investigation in the Manila Police Department, presently
9
the Western Police District took place.
1918, England, “TEAM POLICING” was introduced in order to
win the support of the public.
1954, USA: Dr. PAUL KIRK – The best known Criminalist who
headed the Department of Criminalistics at the University
of California, USA.
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
police.
RELATED LAWS AND PROVISIONS OF LAW
1. 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.
2. ACT No. 225
This is the law which established the Philippine
Constabulary. Approved October 3, 1901.
3. REVISED ADMINISTRATIVE CODE OF 1917, SEC. 825
The Law stated that the Philippine Constabulary is a
National Police Institution for preserving the peace,
keeping the order and enforcing the law.
4. REPUBLIC ACT NO. 4864
The law otherwise known as the Police Act of 1966,
It 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. Through this law, reformation and
professionalization of the police service gained official
recognition. Approved September 8, 1966 authored by Cong.
Teodulo C. Natividad.
5. Proclamation No. 1081
The declaration of Martial Law in the country by
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
Quirino State University
Cabarroguis Campus
10
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.
6. PRESIDENTIAL DECREE NO. 765
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.
7. REPUBLIC ACT NO. 6975 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.
8. RA No. 8551 The PNP Reform and Reorganization Act of
1998
Which is now the operational law that governs over
the PNP. Approved February 25, 1998.
9. 1987 PHILIPPINE CONSTITUTION (Article 16, Section 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.”
10.
REPUBLIC ACT NO. 7438
An act defining certain rights of 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.
11.
REPUBLIC ACT NO. 9708
An Act Extending for Five (5) Years the Reglementary
Period for Complying with the Minimum Educational
Qualification for Appointment to the Philippine National
Police (PNP) and Adjusting the Promotion System Thereof,
Amending For The Purpose Pertinent Provisions of Republic
Act No. 6975 and Republic Act No. 8551 And For Other
Purposes;
12. REPUBLIC ACT NO. 11200 An Act Providing for the Rank
Classification in the Philippine National Police,
Amending for the Purpose Section 28 of Republic Act No.
6975, As Amended, Otherwise Known as the "Department
11
of the Interior and Local Government Act of 1990" and,
13. REPUBLIC ACT NO. 11279 An Act Transferring the
Philippine National Police Academy (PNPA) and the
National Police Training Institute (NPTI) from the
Philippine Public Safety College (PPSC) to the
Philippine National Police (PNP), Amending for the
Purpose Sections 24, 35, 66, 67 and 68 of Republic Act
No. 6975, Otherwise Known as the “Department of the
Interior and Local Government Act of 1990”, As Amended,
Appropriating Funds Therefor And For Other Purposes
ARREST, RAID, SEARCH AND SEIZURE
A. ARREST
1. Arrest as Defined. Arrest is the taking of a
person into custody so he can answer for the
commission of an offense.
2. Warrant of Arrest. an order in writing issued in
the name of the People of the Philippines; signed
by a judge; directed to a peace officer,
commanding him to arrest the person designated and
take him into custody of the law in order that he
may be bound to answer for the commission of an
offense.
3. Who are Exempt from Arrest?
a) Senators
or
Members
of
the
House
of
Representatives, while congress is in session,
in all
offense punishable by not more than six (6) years
imprisonment. [Sec. 11. Art. VI, 1987 Constitution.]
b) Diplomatic officials and their domestics. [Rep. Act
No. 75.]
4. Who issue warrant of arrest?
Generally, a warrant of arrest is issued by the court
judges or justices.
However,in the case of Morano vs. Vido, it was held
that warrant of arrest may be issued by administrative
authorities like the President of the Philippines and the
Commissioner of the Bureau of Immigration and Deportation
only for the purpose of carrying out a final finding of a
violation of law like an order of deportation or an order
Quirino State University
Cabarroguis Campus
12
of
contempt,
and
not
for
investigation or prosecution.
the
sole
purpose
of
The Bureau of Immigration and Deportation may issue
a warrant of arrest against any person only for the
purpose of carrying out a final decision of deportation
or when there is sufficient proof of the guilt of the
alien (Siy vs. Domingo).
However, warrant of arrest issued by the BID for
purposes of investigation is null and void for being
unconstitutional (BOC-CID vs. Judge de la Rosa).
5. Duty of Arresting Officer. It shall be the duty of
the officer executing the warrant without unnecessary
delay to arrest the accused and to deliver him to the
nearest police station or jail. [Sec. 3, Rule 113,
Rules of Court.]
6. Techniques in Making Arrest.
a) Initial contact with subject.
(i) Investigator/operative identifies himself in a
clear
and audible voice.
(ii) Show identification.
(iii) Inform the subject that he is under arrest.
(iv) Consider the possibility that the subject is
wanted for other crimes.
(v) Methods of arrest:
[1] With warrant of arrest -- The officer shall inform
the person to be arrested of the cause of arrest and
of the fact that a warrant has been issued for his
arrest, except when he flees or forcibly resist
before the officer has opportunity so to inform him
or when the giving of such information will imperil
he arrest. 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. [Sec. 7, Rule 113.]
[2] Without a warrant of arrest - The officer shall
inform the person to be arrested of his authority and
the cause of his arrest, unless the person to be
arrested is then engaged in the commission of an
offense or is pursued immediately after its commission
or after an escape, or flees or forcibly resist before
the officer has opportunity so to inform him, or when
13
the giving of such information will imperil the arrest.
b) Investigator’s / operative’s conduct.
(I)
Be natural and pleasant but forceful and
aggressive.
(ii) Dominate the situation.
(iii) Voice must command authority.
(iv) Demand prompt and absolute obedience.
(v) Nervousness should be controlled.
(vi) Avoid acting “tough” as the subject will be first
to detect it.
(vii) Avoid
profanity
(this
reflects
personality
weakness.)
(viii) Avoid being reticent or apologetic.
(x) Investigator in charge does the talking and gives
the command.
Life of a Warrant of Arrest. A Warrant of Arrest, even
if not served within the statutory period, remains
valid unless recalled by the issuing court, or if the
accused
is arrested or has voluntarily submitted
himself to the jurisdiction of the issuing court, unlike
a search warrant which has a lifetime of only ten(10)
days from its date of issuance.
6. When Arrest May be Legally Effected.
a) In general, an arrest can be validly effected
only upon lawful order or warrant of
competent court
or judge.
b) Lawful Warrantless Arrest:
i.
(i) When, in the law enforcer’s presence,
the person to be arrested has committed, is actually
committing, or is attempting to commit an offense,
also called In Flagrante Delicto. [Sec.
5 (a), Rule
113.] (See the case of Umil v. Ramos, G. R. No.
81567, under Appendix “A-2’.)
ii. When an offense has in fact just been
committed, and the officer has personal knowledge of
facts indicating that the person to be arrested has
committed it, also called the Doctrine of Hot
Pursuit. [Sec. 5(b), ibid.] (See the case of Nazareno
v. Station Commander, G.R. No. 86332, October 3,
1991, under Appendix “A-2’.)
Quirino State University
Cabarroguis Campus
14
iii. When the person to be arrested is a
prisoner who has escaped from a penal establishment
or place where he I serving final judgement or
temporarily confined while his case is pending, or
has escaped while being transfer from one confinement
to another. [Sec. 5(c), ibid.] (iv) If a person
lawfully arrested escapees or is rescued, any person
may immediately pursue to retake him without a
warrant at any time and in any place within the
Philippines. [Sec. 13, ibid.]
iv. When the arrest is made by a bondsman for
the purpose
of surrendering the accused or a
voluntary surrender. [Sec. 20, Rule 114.]
v.
Where
the
accused
released
on
bail
attempts
to
leave
the
country
without
court
permission. [Ibid.]
vi. Violation
of
conditional
pardon,
punishable under Art. 159 of the Revised Penal Code
as a case of evasion of service of sentence.
7. Planning the Arrest.
a) This is a responsibility of the chief team
leader or officer acting in his absence.
b) If the arresting party is composed of two (2)
or more members, somebody must be placed in
charge, preferably the most experienced.
c) Consider the arresting party and covering party.
d) Consider protection of innocent bystanders.
e) Prevent escape of subject.
f) Make a discreet reconnaissance of the area.
g) Determine weapons and equipment needed.
h) Consider superiority of manpower and firepower.
I) Make the plan simple enough to be
understood
by
the
least
experienced
operative/investigator.
j) Consider
the
element
of
SURPRISE.
(Daybreak has proven satisfactory for a number
of successful arrests.)
k) Consider SPEED in the execution of the plan.
l) Consider overall coordination.
m) Consider concealment or cover that might be
available
both in effecting the arrest and
removing the subject from the building.
n) The
briefing
officer
should
ask
the
participants if they have any questions regarding
the plan.
15
8. Who May Execute Arrest. Among others, members of
the PNP and the NBI may effect arrests.
9. What will happen when the arresting officer failed
to arrest the person named in the warrant?
After the peace officer executed the arrest and they
failed to arrest the person of the accused, they are
mandated to file an arrest report to the Judge who
issued the arrest. After which, the judge shall issue
a Alias Warrant which 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.
10. What if the name of the person to be arrested cannot
be ascertained?
If the name or names of the persons to be arrested
are unknown or cannot be ascertained, the court shall
issue a Richard Doe/ John (Jane) Doe Warrant. This is a
warrant containing no specific person to be arrested
but only descriptions based from 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)
11.
How to Effect Arrest.
a) In General. An arrest is made by an actual
restraint of the 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, and the person arrested shall not be
subjected to any greater restraint than is necessary for
his detention. [Sec. 2, Rule 113.]
b) Making the Arrest:
(i) Use good judgement in connection with the
arrest.
(ii) Assume that the subject is armed and will take
your life if given an opportunity.
c) Arrest on the Street:
(i) This should be made from the side or fear when
possible.
Quirino State University
Cabarroguis Campus
16
(ii) Subject should be forced toward a building.
(iii) Avoid congested areas when possible.
d) Arrest at Home, Office or Business Establishment :
(i) Restrict the subject’s movement. Do not
grant request for personal privileges before
being searched.
(ii) Clothing and other things requested should
be examined for weapons or items of evidence before
turning them over to the subject.
12. Territorial Effectivity of a Warrant of Arrest.
Warrants of arrest issued by Metropolitan Trial
Courts, Municipal Trial Courts or Municipal Circuit
Trial Courts can be served any where in the
Philippines without a certification by a judge of
the Regional Trial Court. [Supreme Court Circular
No. 14, 22 Oct 85.]
13. Duty of Person Making an Arrest Without a Warrant.
Any person making an arrest on legal grounds shall,
without unnecessary delay and within the time
prescribed under Art. 125 of the Revised Penal Code,
take the person arrested to the proper court or
judge for appropriate action. However, it is not the
physical delivery of the arrested person that is
required under Art. 125 of the RPC, but the filing
of an information against the arrested person in the
proper court, where the judge has the authority to
issue an order of release or if confinement.
14. Periods Within Which Person Arrested Without a
Warrant Should be Charged in the Proper Forum:
Executive Order No. 272, dtd 25 July 1987, amended
Article 125 of the Revised Penal Code by extending the
period authorized to detain a person prior to delivery
to the judicial authority , to wit: six (6) to twelve
(12) hours fro crimes or offense punishable with light
penalties; nine (9) to eighteen (18) hours for crimes
or offenses punishable with correctional penalties; and
eighteen (18) to thirty-six (36) hours for crimes or
offense
punishable
with
afflictive
or
capital
penalties.
15. Right of Attorney or Relative to Visit Person
Arrested. Any member of the bar shall, at the request
of the person arrested or of another on his behalf,
have the right to visit an confer privately with such
person, in jail or any other place of custody at any
hour of the day or, in urgent cases, of the night.
17
This right shall be exercised by any relative of the
person arrested subject to reasonable regulation.
[Sec. 14, Rule 113.]
Executive Order No. 155, dated 30 March 1987,
amending Republic Act No. 857, penalizes any public
officer who deprives a person of his right to
counsel. The penalty shall be prision correctional
or imprisonment of 6 months and 1 day to 6 years.
16. Medical Examination of Arrested Person/Suspect.
Immediately after the arrest of a person ordered
arrested
by the court, or of a suspect under
investigation, he should be subjected to a medical
examination. Prior to his release or any change of
custody , the suspect should also be medically examined
by a medico-legal officer or, in the absence of such
medico-legal officer, by any government physician ib
the area.
17. Summoning Assistance for the Arrest. Any officer
making a lawful arrest may verbally summon as many
person as he deems necessary to aid him in making the
arrest. Every person so summoned shall aid him in the
making of such arrest, when he can render such aid
without detriment to himself. [Sec. 10, ibid.]
18. Right of Person Arrested. Republic
Act
No.
7438
states the rights of a person arrested, detained or
under custodial investigation.
B.
SEARCH
1. Search Defined. Search is an examination of an
individual’s person, house, papers or effects, other
buildings and premises to discover contraband or some
evidence of guilt to be used in the prosecution of a
criminal action.
2. Search Warrant Defined. A search warrant is an order
in writing issued in the name of the people of the
Philippines, signed by a judge and directed to to a
peace officer, commanding him to search for personal
property described therein and to bring it before the
court. [Sec. 1, Rule 126.]
3. Personal Property to be Seized. A search warrant may
be issued for the search and seizure of the following
personal property:
a) Property subject of the offense;
Quirino State University
Cabarroguis Campus
18
b) Property stolen or embezzled and other proceeds or
fruits of the offense; and
c) Property used or intended to be used for committing
an offense. [Sec. 2, ibid.]
4. Probable Cause Required for a
Search
Probable cause means that sufficient facts
presented to the judge issuing the warrant to
him that circumstances sufficiently establish
for the issuance of the warrant.
Warrant.
must be
convince
the need
May Things Illegally Seized be Admitted in Evidence?
The fruits of an illegal search are inadvisable as
evidence. Any evidence obtained in violation of the
right of the people against unlawful searches and
seizures shall be inadmissible for any purpose in any
proceeding. [Sec. 3(2), Art. III, 1987 Constitution.]
5. May Articles Not Mentioned in the Search Warrant be
Seized? Generally, articles not include in the search
warrant
may
not
be
seized.
However,
articles
prohibited by a statute, although not included in the
search warrant, may be seized.
Thus, if during the progress of a bonafide search for
other commodities illegally possessed, whether with
search warrant or not, contraband or items declared as
illegal per-se are discovered. the contraband can be
seized. The seizure of goods, the possession of which
is forbidden by statute, violates no constitutional
right of the accused.
6. How to Serve a Search Warrant. A search warrant
must be served within ten (10) days from its date
(thereafter, it shall be void) [Sec. 9, Rule 126]
in the following manner:
a) The police officer concerned must go to the place
indicated in the search warrant and
take the things
described therein, in the presence of at least one
competent
witness
who
is
a
resident
of
the
neighborhood. If he is refused admittance to the place
of search after giving notice of his purpose and
authority, he may force himself in to execute the
warrant; and if he is detained therein, he may force
himself out to deliberate himself. [Sec. 6, ibid.]
b) The search must be made
otherwise stated [Sec. 8, ibid.]
at
daytime,
unless
c) The officer seizing the property must issue a
detailed receipt of the things seized to the person in
19
whose possession it was found, or in the absence of
such person, he must, in the presence of at least one
witness, leave such receipt in the place where such
things were seized [Sec. 10, ibid.]
(i) In compliance with this procedure, it has been
standard practice to issue a RECEIPT FOR PROPERTY
SEIZED [See Appendix “A”] after a seizure. the
receipt is signed by the seizing officer only and two
witnesses. Recent Supreme Court decisions, however,
declare that such receipt when signed by the accused,
is in effect an extrajudicial confession of the
commission of the offense charged. [People v de las
Marianas, G. R. No. 87215, 30 Apr 91; and People v
Mauyao, G. R.
No. 84525, 6 Apr 92].
Consequently, if the
accused does not sign such receipt , it may still be
used in evidence. Moreover, if the accused DID in fact
sign the receipt, but he signed it with the assistance
of a lawyer of his own choice, that act would
constitute a valid waiver of his right against selfincrimination.
(ii) It must be noted that in the cases cited above,
the crime charged is possession of prohibited drugs.
Thus, the signature of an accused on the
receipt is a declaration against the interest and a
tacit admission of the crime charged, as mere
unexplained
possession
of
prohibited
drugs
is
punishable. The doctrine is therefore not a hard and
fast rule as far as the “Receipt for Property Seized”
is concerned. If the crime charged is possession of
unlicensed firearms, for example, the doctrine would
apply. in other cases, it will not apply.
(iii) Another document which is made after a search is
a CERTIFICATION OF PROPERTY SEIZED [See Appendix “B”].
This is signed by the owner of the seized property, and
would seem to fall more under the court pronouncement
above than the “Receipt for Property Seized” does.
d) As much as possible, during the opening of safes,
drawers, cabinets, tables, etc., the lifting of the
articles should be done by the owner of the house or
his authorized representative,or by immediate members of
his family, to preclude any suspicion of theft or
planting of evidence.
e) Thereafter,
Quirino State University
Cabarroguis Campus
the
officer
must
immediately
20
deliver the things or property seized to the
judge who issued the warrant, together with an
inventory duly verified under oath. [Sec. 11,
ibid.]
7. Lawful Warrantless Searches and Seizures:
a) When there is consent or waiver. To be a valid
waiver, the right must exist,
the owner must be
aware of such right, and he must have an intention to
relinquish it.
b) When evidence to be seized is in “plain view”.
The discovery of the evidence must be inadvertent or
unintentional. (Plain View Doctrine)
c) Customs search or search made at airports/seaports
in order to collect duties. this warrantless search is
allowed due to urgency.
d) Search of moving vehicles may be made without a
warrant because it would
be impracticable to secure
a warrant before engaging in “hot pursuit.”
e) Routine searches made
national
security,
such
checkpoints.
at or in the interest of
as
border
checks
or
f) Stop-and-search or stop-and-frisk, where the
search precedes the arrest, and is allowed on grounds
of reasonable suspicion.
g) Search incidental to a lawful arrest. A person
lawfully arrested may be searched for dangerous
weapons or anything which may be used as proof
of the commission of an offense, without a search
warrant. [Sec. 12, Rule 126.]
8. Searches of Persons Arrested.
a) “Probe”, do not “pat”.
(A woman operative should be used to search females.)
b) The need to handcuff subject(s).
Dangerous and violent criminals, as well as escapes
from
prisons
and
escapes
artists,
must
be
handcuffed.
c) Do not stop the search when a weapon is found.
d) Look for items which may be used to commit suicide.
21
e) Look for items of evidence.
f) Searches should never cross the line of fire.
g) Do not talk to subject(s) in the source of the
search.
h) Do not grant subject’s request to attend to
something before, during and immediately after the
search.
I) In a search by a single officer, have the gun
ready with the hand at a distance from the subject.
j) Be sure to search a very part of the body and
clothing.
9. Types of Searches:
a) Wall Search. The purpose is to place the subject
in an “off-balance” position requiring the use of both
arms and legs to keep him from falling to the ground.
This is the safest type of search. It does not
necessarily require a wall; any object that can support
the weight of the subject (such as a car) can be used.
The procedure are:
(i) Requiring subject to place both hands on the wall
slightly higher than his waist. Spread hands as far
as possible. Palms should be placed against the
wall,finger extended.
(ii) Extended the subject’s feet back away from the
wall as far as possible. Spread them as far apart
as possible, toes pointed out. Buttocks should not
be on an arched position.
(iii) The subject’s head should be down or bowed at
all times.
b) Standing Search.
(I) Raise subject’s hand over his head and spread
his feet as far apart as possible.
(ii) This is not recommended because the subject is
in an “on-balance” position.
c) Kneeling Search.
(I) Subject kneels on the ground with hands raised
over his head.
(ii) This is also discouraged for the same reason
as the “standing search”.
d) Prone Search.
(I) Subject lies on his stomach with arms and legs
outstretched.
(ii) Subject has both arms and legs free and is at
all times in an “on- balance” position.
(iii) Front part of clothing can not be searched.
Quirino State University
Cabarroguis Campus
22
(iv) This can be extremely dangerous if the subject has
know
10. Method of Restraint: Handcuff.
a) This is the best method of restraint. If
applied properly, it is a good preventive
measure; if improperly applied, it could be
dangerous.
b) How handcuffs are applied;
(I) Take position directly behind the subject.
(i) The handcuff is applied when the subject has
placed his hand on the small of his back.
(ii) Do not reach out for the hands of the subject
as it will provide him with an opportunity to grasp
the hand of the investigator and throw him offbalance.
c) When applying handcuffs,
give the following
orders to the subject and follow this procedure;
(i)First Order: “ Take your right hand off the wall
and place it on the small of your back.” Fasten the
handcuff to this hand and firmly hold the other
handcuff.
(ii) Second Order: “Move up and put your hand against
the wall.” Allow the subject to move closer to the
wall, making certain his feet remain back far enough to
keep him “off-balance”.
(iii) Third Order: “Take your other hand off the wall
and place it on the small
of
your
back.”
Fasten the other handcuff and double-lock both
handcuffs.
(iv) Final Order: “Stand up and face the wall.” Help
the subject in doing this edge of judo.
11. Transporting a Prisoner.
a) If transported by jeep, the subject is seated on
the right rear seat and the police seats at the rear
on the left side facing the subject. Secure the hands
of the subject under his knees.
b) If transported by car, the subject is seated on
23
the left rear seat and the investigator sits on the
right rear seat.
Hands of the subject should be
secured under his knees.
C.
RAIDS AND SEIZURES
a) Every
member
of
a
law
enforcement
organization must know the technique of conducting
a raid.
b) Raids
are
usually
made
after
careful
investigation
and
when
other
methods
of
accomplishment the mission are not suitable.
c) Whenever
available,
men
experienced
in
conducting police raids should be chosen as raid
commanders.
2. Raid Defined. A raid is a surprise invasion of a
building or area. It is a small-scale attack of a
limited territory.
Legal basis. a raid must be legal, having its basis in
lawful process and conducted in a legal manner. This
will be in the form of a search warrant or warrant of
arrest. The raid may be in pursuit of a person
reasonably believed to be guilty of a felony when it
is known that the felony has just been committed.
3. Objectives. The purpose of a raid is usually to:
a) Effect an apprehension;
b) Obtain evidence of illegal
the offenders in
flagrante delicto; or
c) Recover stolen property.
activity by surprising
4. Factors Affecting Success or Effectiveness of a Raid:
a) Size of raiding party.
b) Speed.
c) Surprise.
d) Superiority of arms.
e) Simplicity of plan and operation.
Quirino State University
Cabarroguis Campus
24
5. Qualification of Members of a Raiding Party:
a) Leadership.
b) Good judgement.
c) Tact.
d) Coolness and stability.
e) Experience.
f) Steady nerves and mental stability.
g) Discipline.
6. Composition of a Raiding Party:
a. Raid
commander,
assistant
raid commander, covering or
surrounding party;
b. Going-in detail or entering party;
c. In charge of raiding vehicle;
d. In charge of rendering inoperative the subject’s
vehicle , if any;
e. Recorder who should keep an accurate log of
the raid, gather evidence, make inventories
and testify in court; and
f. Photographer.
7. Duties of Covering or Surrounding Party:
a. covers
party.
approach
of
going-in
detail
or
entering
b. Prevents the escapes of criminals.
c. Covers the entire area of the building.
d. Neutralizes fire of barricaded criminals.
8. Duties of Going-in Detail or Entering Party:
a. Calls for surrender of criminals.
b. Effects arrests.
25
c. Incapacity and dislodges criminals.
d. Searches for evidence.
9. Undertakings. As in purely military operations, a
raid, to be successful, must have the following
elements:
a. Mission.
b. Reconnaissance.
c. Plans.
d. Instructions.
e. Orders.
f. Execution.
10. Planning the Raid. The success of a raid depends
upon
intelligent
planning
and
competent
implementation. To achieve the necessary elements of
surprise,
the
operation
must
be
performed
surreptitiously and with speed.
a) The terrain and the building
to close study.
should be subjected
b) In order to obtain the necessary data
for planning, a reconnaissance/surveillance
of the place should be conducted.
c) The participants should be informed of the nature
of the mission.
d) The specific assignment and position of each
member of the raiding party, the tactics to
be
employed, the equipment and transportation to be
used, the evaluation of possible danger points, and
optimum time to be selected should be stressed. e)
Things to consider when planning a raid:
(I)Need for surveillance.
(ii) number of individuals to be apprehend. Are they
armed? With what? If uncertain, assume they are
armed.
(iii) Are
photographs
Quirino State University
Cabarroguis Campus
and
description
of
subjects
26
available for use in the briefing?
(iv) Determine the physical structure
where the criminals are located.
of
the
place
(v) Determine all possible escape route.
(vi) Need
to
directly
immediately area.
photograph
the
place
and
(vii) Type of neighborhood where the hideout is located.
(viii) Volume and kind of activities in the neighborhood
at various times (to determine the most desirable
time to conduct the raid).
(ix) Street plans
blocks.
of
neighborhood
for
possible
road
(x) Do the men have confidence in the ability of the
raid leader?
(xi) Consider: [1]Speed- - in moving into position and
the execution of the plan.
[2] Surprise - - catch subject off-guard.
[3] Simplicity - - a plan that is easy to remember and
understand; this avoids conclusion.
(xii) Consider dividing the raiding party into:
[1] Cover
group:
moves into position first,
covers advance of raiding group and
avenue of escape.
[2] Raid group: disarms and restrains subjects,
searches
premises,
secures
evidence, etc.
(xiii) Does every member of the raiding groups
know the raid plan completely?
The
identities
and duties of all?
(xiv) What is your move-out plan?
(xv) What are the instructions
of firearms?
(xvi) What
are
the
concerning the use
instructions
concerning
the
27
possible handling of traffic?
(xvii) What
are
the
instructions
communications, signals, etc.?
concerning
(xviii)How do you identify each other? Arm bands,
password, insignia, etc.?
(xix) Make sure your plan avoids crossfires.
(xx) Do you have all the equipment you might
need, such as flashlight searchlight, vehicles,
transceiver, loudspeaker (public address system),
firearms, teargas, etc.?
(xxi) Ask each participants to repeat his duties to
the raid leader.
11. Raid Operation.
Coordination of individual efforts is an essential
element in the success of a raid. The raiding party
should act as a team. The members of he team must
thoroughly understand the objectives, the plan of
action and the orders. Each man should hold his
assigned position until his orders are changed by the
team leader.
Before leaving the headquarters to
proceeds to the target, the team leader must conduct a
final briefing personnel. After assembly of the men at
the designated area, which should not be too close to
the target area. they should not assume the appearance
of a formal gathering. The raider’s vehicle should be
safeguarded to prevent their use by the subject.
Vehicle belonging to the subjects should e rendered
inoperative by the simplest available means. A cordon
should be posted, depending upon the availability of
men, to prevent possible escape and restrain people
from wandering. In the event the suspect fails to heed
the warning to surrender, entry must be made through
one points so that the raiders will not mistake one
another. As soon as the raids is completed, guards
should be left to protect the property and to observe
or apprehend associates of the suspects. The raiders
then reassemble at a designated place for a final
accounting of all members of the raiding
12. Coordination With the Local Station Commander.
It is imperative that immediate before the
service of a search warrant the team leader should see
to it that proper coordination is made with the station
Quirino State University
Cabarroguis Campus
28
commander
having
jurisdiction
over
the
target
premises. The coordinating party is bound merely to
relay that their team is conducting an operation in
their area. This gesture of coordination is not only a
manifestation of courtesy but also a safety measure to
avoid the possibility of a mistake encounter.
13. Dont’s in a Raid:
a) Don’t take unnecessary chances.
b) Don’t underestimate the ability or courage of
the subject(s).
c) Don’t raid when not properly prepared.
d) Don’t endanger the lives of bystanders.
e) Don’t use raiders not well-acquainted with each
other.
f) Don’t forget gas mask when employing teargas.
g) Don’t be unnecessary rough on the subject(s).
h) Don’t shoot to kill unless very imperative.
I) Don’t touch the evidence unless seen by
witnesses, or by the owner or occupant of the
place.
14. Seizures.
a) The following will be seized at the scene of the
raid:
(I) Weapons which may be used against the raiding
party.
(ii) Articles which might be used as a means of
suicide.
(iii) Articles which might be used in escaping.
(iv) Articles which may be used in the commission of
the crime.
team.
(v) Proceeds or fruits of the crime (stolen
property).
b) Disposition
property:
of
money
and
other
valuable
(I) Money should be counted and the serial number
of bills noted.
(ii) Valuables should be sealed in
envelop in the presence of the prisoner.
a
property
(iii) Property envelope should show a complete
inventory of its contents.
29
(iv) The prisoner should initial the outside of
the envelope showing approval of
its contents.
(v) Raiding officer should sign their names
the outer part of the envelope.
on
(vi) A receipt should be given to the prisoner.
However, this is qualified by the decision of the
Supreme Court declaring as inadmissible in evidence
the Receipt for Property Seized, signed by the
accused, in case where mere possession of the items
seized is punishable.
c) Disposition of articles
warrant:
not covered in a search
(I) If the articles are illicit or contraband, the
same must be seized.
(i)
(ii)
Such articles may be used as evidence to
prosecute the person.
Non-contraband articles must be returned to the
owners or must not be seized in the first
place.
15. Mugshots and Fingerprints.
Arresting units shall at all times take the mugshot
and fingerprints of all arrested persons. Copies
thereof shall be provided to the PNP Crime Laboratory
Service to serve as master file.
16. Accomplishment of NUCCR.
Operating
units
concerned
shall
accomplish
regularly the NUCCR and all agencies concerned shall
be provided with copies thereof.
17. Reports on Arrested Persons.
All arrest made shall be immediately reported to the
C, PNP; AIIN, DO, DIN, DI.
CONTSTITUTIONAL REQUIREMENTS OF CUSTODIAL
INVESTIGATION
1. Section 12, Article III, 1987 Constitution.
Quirino State University
Cabarroguis Campus
30
(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 competent and independent counsel preferably
of his own choice. If the person cannot afford the
service of counsel, he must be provided with one.
These right cannot be waived except in writing and
in the presence of counsel.
(2) No
fortune,
force
violence,
threat,
intimidation or any other means which vitiate the
free will shall be used against him. Secret
detention place, solitary,
incommunicado,
or
other similar forms of detention are prohibited.
(3) Any
confession
or
admission
obtained
in
violation of this or Section 17 hereof [ on
suspect’s right against
selfincrimination] shall be inadmissible in evidence
against him.
(4) The law provides for penal and civil sanctions for
violations of this section as well as compensation
to and rehabilitation of victims of torture or
similar practice, and their families.
2. What is Miranda Doctrine or the Miranda Rights?
MIRANDA
RIGHTS
originated
from
the
American
jurisprudence.
Mr. Ernesto
Miranda, a Latino was
accused of KIDNAPPING and RAPE in the State of Arizona.
The Arizona Police interrogated Mr. Miranda exhaustedly
leading to his confession. Based on his confession, he
was charged, tried and convicted.
Appeal of his
conviction was made before the Arizona Supreme Court but
his conviction was affirmed.
The appeal was then
elevated to the US Supreme Court where there was a
reversal of the decision and he was acquitted on
Constitutional grounds.
It was in this case, entitled Miranda vs. Arizona
(Ernesto Miranda versus State of Arizona, USA) that the
US Supreme Court laid down the constitutional rights of
the accused during the custodial interrogation. It was
incorporated in our 1973 Constitution and later in the
1987 Constitution of the Philippines. This is known as
the Miranda Rule, Doctrine, or Warning.
THE
RIGHTS
INVESTIGATION
OF
THE
ACCUSED
DURING
CUSTODIAL
31
a.
Right to remain silent.
b.
Right to counsel of his own choice and if he has
none, the government must provide one for him;
c.
Right to
accusation.
be
informed
of
the
nature
of
the
These rights COULD BE VALIDLY WAIVED IN WRITING AND
WITH THE ASSISTANCE OF COUNSEL in order that the ensuing
confession be admissible in evidence.
The confession
must also be in writing, signed and sworn to by the
accused.
3. Formats of Sworn Statements in Compliance With Sec 12
Art III of the 1998 Constitution:
a) Format of Sworn Statement in English:
Sworn statement of JUAN DELA CRUZ BY INVES. LT.
JOSE STA ROMANA at the office of the directorate
for Investigation, Camp Crame, Quezon City, in the
presence of SPO4 Jorge Nunez, this 20th day of
August 1992.
Preliminary; Mr Juan Dela Cruz, you are being
informed that you are under investigation for your
involvement in the commission of an offense. You
are reminded that under our new Constitution, you
have the right to remain silent and to be assisted
by counsel, this office will provide you with a
lawyer free of charge. Any statement that you
will make can be used for or against you in any
court of law in the Philippines. Is this clearly
understood by you?
ANSWER:
Yes, sir.
QUESTION: Having been informed of your
the Constitution to remain silent, do
proceed with this investigation?
ANSWER:
Yes, sir.
QUESTION: Do you wish to be assisted
of your own choice?
ANSWER:
I
do
not
need
the
assistance of counsel. QUESTION: You
are also reminded that whatever.
Statement you will give might be
Quirino State University
Cabarroguis Campus
right under
you wish to
by a counsel
used against
32
you. Is this clearly understood by you?
ANSWER:
Yes, sir.
QUESTION: In short, you are waiving your right to
counsel in this investigation/
ANSWER:
Yes, sir.
QUESTION: Are you willing to sign a waiver to
that effect with the assistance of Atty.
Antonio
Soliman, who is here present? ANSWER: Yes, sir.
CERTIFICATION / WAIVER
I, JUAN DELA CRUZ, do hereby certify that before
taking down my statement s, the investigator had
fully explained my constitutional Rights under
Sec. 12 Art III of the New Constitution, which
are fully understood, and I hereby waive my
aforesaid rights to remain silent and to be
assisted by counsel in the presence of and with
the assistance of Atty. Antonio Soliman.
JUAN DELA CRUZ
Affiant
Assisted by: Antonio Soliman Counsel
QUESTION: Are you ready to give a free and
voluntary statement? ANSWER: Yes, sir.
Q1: Please state your name and other personal
circumstances.
A: JUAN DELA CRUZ, 50 yrs old ,married and
residing at lot 70, Blk. 70 Francisco Homes, San
Jose Del Monte, Bulacan. Q2: Please state the
name of the school(s) you have attended.
A:
xxx xxx xxx
Q3: Do you know why you are here? OR Do you know
why you were invited for questioning.
A:
xxx xxx xxx
Q12: The investigator has nothing more to ask
you for the present. Do you have anything.
A: No more.
Q13: Are you willing to sign this statement of
yours, consisting
of
pages, including this last page, and
affirm under oath to the
truthfulness of the same?
A: (The answer to this question should not be
typed but should written in the suspect’s or
witness own hand. The typist should leave a
33
space for the handwritten answer of the affiant
and the latter should be made to write out, in
his own hand, the following statement:”Yes", sir,
I have read this statement of mine consisting of
pages and it is the truth. I made it of
my own free will, without any threats or promises
having been made to me by anyone.”)
b) Format of Sworn Statement in Filipino:
SINUMPAANG SALAYSAY NI JUAN DELA CRUZ NA KINUHA
NI INVES. SPO4 JOEL DELOS REYES NITONG IKA-20 NG
AGOSTO 1989 SA TANGGAPAN NG DIRECTORATE FOR
INVESTIGATION, CAMP CRAME, QUEZON CITY, SA HARAP
NI SPO1 JORGE MERCADO.
PASUBALI: Mr. Juan dela Cruz, ipinagbibigay alam
namin sa inyo na kayo ay inuusig tungkol sa isang
kasalanan.
Pinaalala
namin
sa
inyo
na
sa ilalim ng ating Bagong Saligang Batas ay
karapatan ninyo ang magsawalang-kibo at magkaroon
ng patnubay ng manananggol sa sarili ninyong pili.
Ito ba ay nauunawaan ninyo?
SAGOT: Opo.
TANONG:
Pagakatapos na maipabatid sa inyo ang
inyong karapatan sa ilalim
ng
ating
Saligang
Batas na magsawalang-kibo, nais ba ninyong
ipagpatuloy ang imbestigasyong ito?
SAGOT: Opo.
TANONG:
kailangan mo ba ng manananggol?
SAGOT: Hindi ko na po kailangan ng manananggol sa
imbestigasyong ito.
TANONG:
Pinapaalala rin namin sa inyo na anumang
salaysay ang ibibigay
ninyo
sa
imbestigasyon ito ay maaaring gamitin laban sa
inyo. Ito
ay nauunawaan ninyo?
SAGOT: Opo.
TANONG:
Handa ka na ba bang magbigay ng isang
kusangloob na salaysay?
SAGOT: Opo.
PAGPAPATUNAY
AKO, SI JUAN DELA CRUZ, ay nagpapatunay na bago
kinuha ang aking salaysay, ipinaliwanag sa akin ng
imbestigador ang aking mga karapatan sa ilalim ng
Sec 12 Art III ng Bagong Saligang Batas, at ito ay
Quirino State University
Cabarroguis Campus
34
naintindihin
ang naturang
magkaroon ng
sa tulong ni
ko, at dahil dito ay isinasantabi ko
karapatan ko na magsawalang-kibo at
patnubay ng manananggol sa harap at
Atty. Antonio Soliman.
JUAN DELA CRUZ
Nagsasalaysay
Sa
tulong
ni:
Antonio
Soliman Manananggol
TANONG:
Handa na ba kayong magbigay ng malaya at
kusangloob na salaysay?
SAGOT: Opo.
T1: Pakisabi lang po ang inyong pangalan at ibang
personal na bagay tungkol sa inyo.
S: Ako po ay si JUAN DELA CRUZ, 50 taong gulang,
may-asawa at naninirahan sa Lot 70, Blk. 70,
Francisco Homes, San Jose del
Monte,
Bulacan.
T2: Ano-ano po ang mga paaralan
pinasukan ninyo? S: xxx xxx xxx
T3: Alam niyo ba kung bakit kayo naririto? O kung
bakit kayo naimbitihan para sa isang katanungan.
S:
Opo.
T12: Ang imbestigador ay wala nang itatanong
inyosa ngayon. Mayroon pa
ba
kayong
ibig
sabihin o idagdag sa salaysay ninyo?
S: Wala na po.
T13:
Nais niyo bang lagdaan ang salaysay niyong
ito
na
may
pahina,
kabilang
na
anghuling pahina, at panumpaan
na pawang
katotohanan ang sinsabi niyo
sa nasabing salaysay?
S: ( Sagot sa katanungan ito ay hindi dapat itype kunid ay nakasulat sa kamay ng suspect o ng
witness. Ang nagmakinilya nito ay dapat na
magiwan ng espasyo para sa sagot na isusulat ng
nagsasalaysay, at itong huli ay dapat na ganito
ang isulat: “Opo, nabasa ko ang salaysay kong
ito na may
pahina at ito
ay ang pawang katotohanan. kusang-loob ko itong
ibinigay, nang walang pananakot o pangako mula
kanino man”)
35
CHAPTER 2
CONFESSION AND ADMISSION
A. CONFESSION:
1. Confession Defined. It is the declaration of an
accused expressly acknowledging his guilt of the
offense charged. (Statutory Definition.)
Confession is an express acknowledgement by the
accused, in a criminal case, of the truth of his
guilt as to the crime charged, or of some essential
part thereof. (U.S. Vs. Tea, 23 Phil. 64)
2. Effect of Confession. The confession of the accused
may be given in evidence against him in the
investigation or trial of the offense with which
he is charged.
3. KINDS of Confession:
a) Judicial confession
Those made by the accused in open Court.
The
plea of guilt maybe during arraignment or any stage
of the proceedings where the accused changes his plea
of not guilty to guilty.
Sec. 2, Rule 129, Rules of Court states that
“Judicial Admission is made by the party in the
pleadings, or in the course of the trial or other
proceedings do not require proof and cannot be
contradicted unless previously shown to have been
made through palpable mistake.”
b) Extra-Judicial confession, which is also called
“out-of-court”confession.
Those
made
by
the
suspect
during
custodial
investigation.
Simply
explained are that those confessions are
made outside of the Court.
Sec 3, Rule 133, Rules of Court –
Extra
judicial
confession,
not
sufficient
ground
for
conviction:
An
extra
judicial
confession
made
by
an
accused, shall not be sufficient ground
for conviction, unless corroborated by
evidence of corpus delicti (body of the
crime.)
4. KINDS of Extra-Judicial Confession
a) Involuntary
Extra-Judicial
Confessions
obtained
through
Quirino State University
Cabarroguis Campus
Confession
force,
threat,
36
intimidation, duress or anything influencing the
voluntary
act
of
the
confessor,
therefore
inadmissible in evidence.
b) Voluntary, when the confession was not induced by
promises of benefit or reward, or by force,
violence, threat, intimidation, duress, or any
other means which vitiates the free will of the
accused. A person who confesses that he committed a
crime in effect waives his right to remain silent,
therefore, for the confession to be valid, it must
not only be voluntary, but also in writing and made
with the assistance of counsel of his own choice,
with full understanding of the consequence of such
confession.
5. When is a Confession Inadmissible?
No person shall be compelled to be a witness against
himself.
Any
person
under
investigation
for
the
commission of an offense shall have the right to be
informed of his right to remain silent and to have
competent and independent counsel preferably of his own
choice. If he cannot afford the service of counsel, he
must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel. No
force, violence, threat, intimidation, or any other means
which vitiates the free will shall be used against him.
Any confession obtained in violation of the foregoing
shall be inadmissible in evidence against him. furthermore,
the officer who force or intimidated the confessor shall be
liable.
Confessions obtained from the defendant by means of
force or intimidation/violence is NULL AND VOID, and cannot
be used against him/her in the trial.
A confession made under the influence of spiritual
advice or exhortation is not admissible.
The same through as confession made under the
influence of paternal sentiment is not admissible as
evidence.
6.
Admission as Defined: Admission is an acknowledgement
of a fact or circumstance without accepting guilt.
Guilt maybe inferred in admission.
When an accused
confessed to the commission of a crime, he accepts
the facts constituting the offense but if he
interposes self-defense or other exculpatory grounds,
then his acknowledgement is not a confession but
admission.
7. Distinguished
From
Confession.
A
Confession
is
a
37
voluntary statement either oral or written, made by
a person charged with the commission of a crime to
another
person
wherein
the
suspect
admits
participation in, or commission of, the criminal
act, while an admission is a statement by the
accused regarding facts pertinent to crime. The
latter tends, in connection with proof of other
facts, to prove the suspect’s guilt. To be admitted
as evidence, an admission must relate to relevant
and material fact. a confession is only admissible
against the confessor while an admission may be used
even against a co- defendant.
8. Admission of a Party. The act, declaration or
omission of party as to a relevant fact may be
given in evidence against him.
a) Offer of Compromise. In criminal cases, except
those involving quasi-offense (criminal negligence)
or those allowed by law to be compromised, an offer
of compromise by the accused may be received in
evidence as an implied admission of guilt.
b) Plea of Guilty Later Withdrawn or an Unaccepted
Offer of Plea of Guilty to a lesser offense is
not admissible in evidence against the accused who
made the plea or offer.
c) Offer to Pay or Payment of Medical, Hospital or
other Expenses occasioned by an injury is not
admissible in evidence as proof of civil or criminal
liability for the injury.
9. Admission by Third Party. The rights of a party cannot
be prejudged by an act, declaration, or omission of
another, except:
a) An admission by a co-partner or an agent.
b) An admission by a co-conspirator, when the
conspiracy has been established by evidence.
c) An admission by one who is in privily with the
party against whom the admission is sought to be
used.
d) An act or declaration made in the presence and
within the hearing or observation of party, who
does or says nothing, when the act or declaration
naturally calls for action or comments it not
true.
Quirino State University
Cabarroguis Campus
38
CHAPTER 3
INTERVIEW AND INTERROGATION PROPER
Legal Difference of Interview and Interrogation
Interrogation is the skillful questioning of
witnesses as well as suspects while interview is the
simple questioning of persons.
The
term
“interview”
means
the
simple
questioning of a person who has no personal reason to
withhold information and therefore may be expected to
cooperate
with
the
investigator,
while
the
term
“interrogation” is describe as the questioning of a
suspect or other person who may normally be expected to
be reluctant to divulge information concerning the
offense under investigation. The ability to obtain by
questioning
is
the
most
prized
talent
of
the
investigator.
INTERVIEW
An interview is the questioning
believed to posses knowledge that is
interest to the investigator.
of a person
of official
Importance of Interview
Interview
in
crime
investigation
is
very
importance as the person interviewed usually gives his
account of an incident under investigation of offers
information concerning a person being investigated in
his own manner and words.
Basic Assumption: Nobody has to talk to law enforcers.
No law compels a person to talk to the police if he does
not want to. Therefore, people will have to be
persuaded, always within legal and ethical limits, to
talk to law enforcers. This makes interviewing an art.
The person Interviewed
Consider:
 His ability to observe.
 His ability to remember.
 His ability to narrate.
 His mental weakness because of stupidity or
infancy.
 His moral weaknesses because of drunkenness,
drug addiction, his being a pathological liar
or similar factors.
 Emotional weakness springing from such sources
as family problems, hatred, revenge, and love.
The Interviewer’s Personal Traits
39
 He
must
be
a
practical
psychologist
who
understand the human psyche and behavior.
 He has a sincere interest in people. People who
are
reclusive
generally
are
not
good
interviews.
 He is calm, has self-discipline and sensitive.
 He is courteous, decent and sensitive.
 He is self-assured and professional. He is
tactful, i.e., he knows what to say and how to
say it.
 He
is
cordial
and
agreeable,
and
never
officious.
But
he
should
avoid
overfamiliarity.
 He is purposeful, persistent and patient. Some
people just cannot be rushed.
 He is analytical.
 He is flexible and cautions.
 He is a good actor and can conceal his own
emotion.
 He avoids third degree tactics and never
deviates from the fundamental principle that a
person
must
be
treated
according
to
humanitarian and legal receipts.
 He keeps the rules of evidence in mind.
Planning the Interview
In planning an interview, the investigator
should, as a general rule, select a place which will
provide him with a psychological advantage. He should
conduct the questioning as soon as possible after the
occurrence.
 In planning the interview, the interviewer
should consider.
 The
facts
of
the
case
which
have
been
established.
 The information needed to complete the picture.
 The sources of information that may be consulted
such as files and records.
 The possibility of confronting the suspect with
physical evidence.
 The time available for the interview.
 The time allowed by law.
Time, place and surrounding Circumstances
 It is not always possible to fix the time and
place of an interview with the witness can
contribute. If the case requires it, be should
acquaint himself with the background of the
witness.
 Interview of arrested persons should be made as
Quirino State University
Cabarroguis Campus
40









soon as possible after the arrest.
Conduct interview whenever possible in your own
turf, i.e., your office.
Have an interview room where there will be
privacy. It should be a plain room but not
bleak. There should be few furniture , and no
distracting pictures, calendars or similar
items.
Arrange it so that there will be no interrupt
during the interview.
Suspects should be interviewed separately and
out of sight and earshot of each other.
If there are two interviewers, let one man be
the prime interviewer.
Arrange chairs so that window light falls on the
interviewee and not on the interviewer.
The interviewer should adapt his speech to the
style best understood by the subject. In
dealing with an induce slouching or learning
back, and such positions are not conducive to
proper interviews.
Straight-back chairs should be used for both
subject and interviewer. Other types of chairs
induce slouching or learning back, and such
positions
are
not
conducive
to
proper
interviews.
The interviewer should identify himself and
refrain from pacing about the room.
Opening the interview
 The interviewer should identify himself and the
agency to which he belongs.
 He should try to size up the interviewee and
reach a tentative conclusion about his types,
then use the best interview approach.
 He should keep in mind the provision of law
regarding the rights of people under custody
investigation.
The body of the Interview
 The interviewee should be allowed to tell his
own
story
in
his
own
words
without
interruption.
This allows for continuity and clearness.
Range of interview is broadened.
It helps the interviewee on the matter later.
 Interviewee should keep to the point at issue
and should not wander too far from it.
 Interviewer
should
be
alert
for
hearsay
information so he can question the interviewee
on the matter later.
41
 Do not interrupt a trend of ideas by abruptly
asking a question. However, you may guide the
interviewee with innocuous questions such as,
“And then what did you do?”
Questioning
1. Dominate the interview. Be careful not to allow
the interviewee to be the one asking the
questions.
2. Do not ramble. Have a reason for every question
asked.
3. Follow the order of time and bring out the facts
in that questioning and is considered the
easiest as people tend to think in terms of
what happened first, then second, then third.
The interviewer should get step by step in
learning
all
the
details
concerning
the
planning and commission of the crime and what
happened after it was committed
4. Exhaust each topic before moving on to the next.
5. Determine
the
basis
for
each
materials
statement. It might be hearsay.
6. Keep your questions simple and understandable.
Avoid double-edged or forked questions.
7. The dangers of leading and misleading questions
should be borne in mind. A question which
suggests to the witnesses the answer which the
interviewer
desires
is
leading
question.
Questions which assume material facts that have
not been proven are misleading questions.
8. Wait for the answer to one question before
asking a second one.
9. Ask important questions in the same tone of
voice as the unimportant ones.
10. As rule, avoid trick or bluffing questions.
11. Where it is necessary to inquiry into the past
history of the interviewee involving something
unpleasant, it is wise to use introductory
remarks deploring the need for the question and
saying that it is one of the unpleasant but
necessary duties of an officer.
Closing
Before
closing
the
interview,
the
law
enforcement should make a mental check of the purpose of
the interview and should analyze what he has learned
then decide whether he has attained his objective . he
should be guided in this respect by the 5 W’s and 1 H –
What, Where, When, Who, Why and How. The interview
should always leave the door open for a re-interview.
INTERROGATION
Quirino State University
Cabarroguis Campus
42
An interrogation is the questioning of a person
suspected of having committed an offense or of a person
who is reluctant to make a full disclosure of
information in his possession which is pertinent to the
investigation.
Purpose of Interrogation:
a. To obtain information concerning the innocence
or guilt of a suspect.
b. To obtain a confession to the crime from a
guilty suspect.
c. To induce the suspect to make admissions.
d. To know the surrounding circumstances of a
crime.
e. To learn of the existence and location of
physical evidence such as documents or weapons.
f. To learn the identify of accomplices.
g. To develop information which will lead to the
fruits of the crime.
h. To
develop
additional
leads
for
the
investigation.
i. To discover the details of any other crime in
which the suspect participated.
Preliminary Conduct
The interrogator should identify himself at the
outset and state in general the purpose of the
investigation. He must advise the suspect of his rights
against self-incrimination and inform him that he does
not have to answer question and that, if he does answer,
this answer can be used as evidence against him. He must
inform the suspect of his right to counsel and that a
state appointed counsel will be made available without
cost to him if he so desires. The interrogator may not
question the suspect unless the latter has definitely
waived
his
right
to
be
silent.
Ordinarily
the
investigator should be alone with the suspect and, of
course, the latter’s lawyer, if he has requested
counsel.
The Interrogation Room
The
room
should
provide
freedom
from
distractions. It should be designed simply to enhance
the concentration of both the interrogator and the
subject on the matter under questioning.
Interrogation Techniques
The following are some of the techniques
practiced by experienced investigation.
a.
Emotional Appeals – Place the subject in the
proper frame of mind. The investigator should
provide emotional stimuli that will prompt the
subject to unburden himself by confiding. Analyze
43
b.
c.
d.
e.
f.
the
subject’s
personality
and
decide
what
motivation would prompt him to tell the truth,
then provide those motives through appropriate
emotional appeals.
Sympathetic Approach – The suspect may feel the
need for sympathy of friendship. He is apparently
in trouble. Gestures of friendship may win his
cooperation.
Kindness – The simplest technique is to assume
that the suspect will confess if he is treated in
a kind and friendly manner.
Extenuation – The investigator indicates he does
not consider his subject’s indiscretion a grave
offense.
Shifting the Blame – The interrogator makes
clear his belief that the subject is obviously not
the sort of person who usually gets mixed up in a
crime like this. The interrogator could tell from
the start that he was not dealing with a fellow
who is a criminal by nature and choice. The
trouble with the suspect lies in his little
weakness – he likes liquor, perhaps, or he is
excessively fond of girls, or he has had a bad run
of luck in gambling.
Mutt & Jeff - Two (2) agents are employed. Mutt,
the relentless investigator, who is not going to
waste any time because he knows the subject is
guilty. Jeff, on the other hand, is obviously a
kind- hearted man.
CRIMINAL INTERROGATION:
Types of offender and Approaches to be Used in Dealing
with Them:
a.
Emotional Offenders have a greater sense of
morality. They feel remorse over what they have done.
The best approach in interrogating this type of
offender is the sympathetic approach.
b.
Non-Emotional offenders normally do not feel any
guilt, so the best way to interrogate them is through
the factual analysis approach, that is, by reasoning
with the subject and letting him know that his guilt
has already been, or will soon be, established.
Interrogation of Suspect
Reasonably Certain.
a.
Whose
Guilt
in
Definite
or
Maintain an attitude which shows that you are
sure of yourself when you conclude that the
subject is needed guilty.
Quirino State University
Cabarroguis Campus
44
i. don’t be very friendly with the subject and do
not offer a handshake.
ii. At the outset, accuse the subject of lying. If
he reacts with anger, this usually indicates
innocence, But if he remains calm, you can
generally conclude that your suspicion of guilt
is confirmed.
iii. Interruption of questioning by the subject may
indicate innocence. Silence is equated with
guilt.
iv. Do not allow the subject to repeatedly deny
his guilt.
v. Assume that the subject is guilty and proceed to
ask why he committed the act, instead of
wasting time on who did it.
vi. When interrogating a “big shot”, it may be
useful to lower his status by addressing him by
his first name, instead of using a little of
respect.
vii. Remember that one who is trained in criminal
interrogation is easier to question than an
ordinary criminal since he has less confidence
in himself as a liar.
b.
The subject should be made aware of the fact
that the interrogator knows information indicating
his guilt and that the interrogator is not merely
“:fishing” for evidence.
c.
Let the subject know that he is showing signs of
deception, some of which are;
i. Pulsation of the carotid (neck) artery.
ii. Excessive activity of the Adam’s Apple.
iii. Avoiding
the
eyes
of
the
interrogator,
swinging one leg over the other, foot wiggling,
winging of the hands, tapping of fingers,
picking fingernails, etc.
iv. Dryness of the mouth.
v. Swearing to the truthfulness of assertions. This
is frequently used by guilty subjects to
strength their assertions of innocence.
vi. “Spotless past Record” – “Religious Man.”
These are asserted to support statement which
the
subject
knows,
and
realizes
the
interrogator knows, to be false.
vii. A “Not that I Remember” or “As far As I know”
expression should be treated as a veiled
admission or half truth.
d.
Sympathize with the subject by telling him that
anyone
else
under
similar
conditions
or
circumstances might have done the same thing.
e.
Reduce the subject’s guilt feeling by minimizing
the moral seriousness of his offense. In order to
secure the initial admission of reasons, motives
or excuses to the subject.
45
Interrogation of Suspect Whose Guilt is Uncertain:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Ask the subject if he knows why he is being
questioned.
Ask the subject to relate all he knows about the
crime, the victim, and possible suspects.
Obtain from the subject detailed information
about his activities before, during and after the
occurrence under investigation. This is a good
method of testing the validity of the subject’s
alibi.
Where certain facts suggestive of the subject’s
guilt are known, ask him about them rather
casually and as though the real facts were not
already known, to give the subject an opportunity
to lie. His answer will furnish a very good
indication of his possible guilt or innocence, and
if he is guilty, hie position becomes very
vulnerable
when
confronted
with
the
facts
possessed by the interrogator.
At various intervals, ask the subject certain
pertinent question in a manner which implies that
the correct answers are already known.
Refer
to
some
non-existing
incriminating
evidence to determine whether the subject will
attempt to explain it; if he does , that is an
indication of guilt.
Ask the subject whether he ever thought about
committing the offense or one similar to it. If
the subject admits he had though about committing
it, this fact is suggestive of his guilt.
In theft cases, if the suspect offers to make
restitution , that fact is indicative of guilt.
Ask the subject whether he is willing to take a
lie-detector test. The innocent person will almost
always immediately agree to take practically any
test to prove his innocence, whereas the guilty
person is more prone to refuse to take the test or
to find excuse for not taking it, or for backing
out of his commitment to take it.
A subject who tells the interrogator, “All right
I’ll tell you what you want, but I didn’t do it,”
is, in all probability, guilty,
TYPES OF LIES
a.
Direct Denial- is a lie that results to
emotional disturbance.
b.
Lie of Omission-act of telling what transpired
but omitting details that are incriminating..
c.
Lie of Exaggeration- is the type of lies used by
a person who overplays what actually happens.
Quirino State University
Cabarroguis Campus
46
d.
e.
f.
g.
h.
Lie of Minimization- involves acceptance of a
person that something happen but downplays the
implication or seriousness of the offense.
Fabricated Lie- involves the act of creating a
story or series of events that never transpired
BENIGN OR WHITE LIE – used to maintain harmony
of friendship, harmony of the home or office.
RED LIE – this lie is common to communist
countries.
This
is
used
to
destroy
other
ideologies by means of propaganda.
MALICIOUS LIE – a chronic lie purely used to
mislead justice, a pure dishonesty to destroy
justice.
TYPES OF A LIAR
a.
Panic Liar- decides to circumvent the truth in
order to avoid humiliation consequences of his
confession to himself or to his family.
b.
Occupational Liar- one who is being paid to tell
lies.
c.
Tournament Liar- His view is that telling lies
is one form of contest.
Ethnological Liar- is a person trained to lie.
Psychopathic Liar- is an individual who has no
conscience.
Pathological Liar- is a sick person who tells a
lie simply because he cannot distinguish what is
right from what is wrong.
Black Liar- is one who enjoys pretending and
better known as hypocrite.
d.
e.
f.
g.
TYPES OF RESPONSE
a.
b.
INTERNAL RESPONSE
EXTERNAL RESPONSE
KINDS OF INTERNAL RESPONSE
a.
b.
c.
d.
palpitation of heart may be rapid or slow
dryness of the mouth
lump in the throat
sinking feeling in the fit of stomach
KINDS OF EXTERNAL RESPONSE
a.
Facial expression:
i. paling, blushing, profuse sweating on
forehead eyebrows or chin
ii.
twitching at the corner of the lips
the
47
iii. excessive winking, movement of vein at
the temple
iv.
dilation of the eyes, protrusion of the
eyeball, and elevation of the upper eyelid
b.
Postural reaction:
i. inability of the subject to look straight
ii. excessive activity of the Adam’s apple
iii. dryness of the mouth
iv. fidgeting with the fingers tapping or drumming
on the chair or table
v. peculiar monotone of the voice
vi. exhibiting a state of uneasiness
METHODS OF DETECTING DECEPTION
Methods involving the use of scientific devices that
record psycho physiological responses, these methods
include:
a.
WORD ASSOCIATION TEST
The essential element in a typical word
associations test is that one word or idea is
reminiscent of another, and the expression of their
association forms a meaningful picture.
b.
PSYCHOLOGICAL STRESS EVALUATION
Psychological Stress Evaluator is a device
that detects emotional stress in a person’s voice.
c.
MICROTREMORS
refers
to
the
low
amplitude
oscillation of the reflex mechanism that controls the
length and tension of a stretched muscle.
d.
TREMOR is believed to be a
signals to and from motor neurons.
function
of
the
e.
POLYGRAPHY
A modern scientific examination technique in
detecting deception whether the subject is telling the
truth or not with the use of polygraph machine.
f.
ADMINISTRATION OF TRUTH SERUM
TRUTH SERUM acts as depressant on the nervous
system. In this method, common drugs used are hygiene
hydro bromide and scopolamine. Truth serum is use in
Quirino State University
Cabarroguis Campus
48
locating the suspects and stolen items.
g.
NARCOANALYSIS
This
method
is
similar
to
the
preceding
technique. However, the drug used in Narcoanalysis are
sodium amytal and sodium pentothal to sedate the subject
h.
HYPNOSIS
It is the technique of inducing a person into a
state of consciousness whereby he can respond to
questions and is very susceptible to question. HYPNOTISM
is an act of inducing hypnosis to dazzle or overcome by
suggestion.
i.
INTOXICATION WITH ALCOHOL
Alcohol can reveal the real character behind the
facade of a person. This theory can be traced in an old
Latin maxim “In Vino Veritas”.
j.
BRAIN WAVE FINGERPRINTING
Neuroscientist Lawrence Farwell who is managing
a Brain Wave Institute, Iowa, patented this technique in
1985. Dr. Farwell’s research, however, looks at a
specific type of electrical brain wave, called P300,
which activates when a person sees a familiar object.
SCIENTIFIC OBSERVATION OF LYING PERSON
The following are the psycho-physiological sign
and symptoms of guilt:
1.
SWEATING – accompanied with a face indicate
anger, embarrassment or extreme nervousness.
2.
COLOR CHANGE OF FACE – flushed face may indicate
anger, embarrassment, or shame.
3.
DRYNESS OF MOUTH – nervous tension causes reflex
inhibition of salivary secretion and consequently
dryness of the mouth.
4.
EXCESS ACTIVITY OF THE ADAM’S APPLE
5.
FIDGETING – a suspect may be constantly moving
about in the chair, pulling his ears, rubbing his
face, etc.
6.
PECULIAR FEELING – there is a sensation of
lightness and the subject is confused.
7.
SWEARING TO THE TRUTHFULNESS OF ASSERTION
8.
RELIGIOUS MAN AND/OR SPOTLESS PAST RECORD
9.
INABILITY TO LOOK AT THE INVESTIGATOR STRAIGHT
IN THE EYE
10. NOT THAT I REMEMBER EXPRESSION
49
Quirino State University
Cabarroguis Campus
50
51
Quirino State University
Cabarroguis Campus
52
53
Quirino State University
Cabarroguis Campus
54
55
Quirino State University
Cabarroguis Campus
56
57
Quirino State University
Cabarroguis Campus
58
59
Quirino State University
Cabarroguis Campus
60
61
Quirino State University
Cabarroguis Campus
62
63
Quirino State University
Cabarroguis Campus
64
65
Quirino State University
Cabarroguis Campus
66
67
Quirino State University
Cabarroguis Campus
68
Quirino State University
Cabarroguis Campus
70
71
Quirino State University
Bachelor of Science in Criminology
72