Etymology of Investigation:

 The term came from the Latin word investigare

- which means “to track or to look into for traces”.

 Fundamentally, it may have been derived from vestigium, another Latin word

- which means “footprint”.

Definition of terms:
 Investigation
 refers to the process of carrying out a detailed examination or inquiry usually in official
manner,
 to discover something or somebody
 Criminal investigation is a science that seeks, collects, and gathers evidence of a crime for a case
or specific purpose.
 Criminal Investigation is a logical process of collection and analysis of facts about persons,
things and places relative to a crime.
 It includes:
 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.
 GOALS of Criminal Investigation:
Generally, the goals of criminal investigation are the following:
 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.

TWO TYPES OF CRIMINAL INVESTIGATION:

Reactive Investigation
- a crime which is already committed,
- its investigation is carried out.
Proactive Investigation
- the investigation begins before the commission of a crime or during its commission
- in order to prevent it, lessens its consequences, or to catch the criminal.
- TOOLS OF CRIMINAL INVESTIGATION
A criminal investigator …
relies on various tools while carrying out an investigation.
There are 3 I’s, which are generally called 3 basic tools of investigation in criminal realm namely:
 Information,
 Interview and
 Interrogation
INFORMATION
- comprises of details and data which access knowledge to investigator regarding the
perpetrator while committing a crime offender leaves behind various clues and indicators, for instance,
fingerprints, eyewitnesses or his belongings which can help to identify him.

INTERVIEW
- refers to asking questions to the witnesses of crime in order to extract information from them so
that perpetrator could be apprehended.
INTERROGATION
- is a grave level off to the person who is suspected of the offence.
- When an investigator develops strong reasons to believe that a particular person or group of
person could have committed the crime then such a person is arrested. His arrest is followed by
questioning at a serious level in order to induce him to confess his crime and disclose the
identity of other accomplices who aided or assisted him in crime.
THE SIX (6) CARDINAL POINTS OF 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 in
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 theoffense.
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.
The Golden Rule in Criminal Investigation
“Do not touch, alter, move, or transfer any object at the crime scene unless it is properly marked,
measured, sketched and/or photographed…when a body or article has been moved, it can never be
restored to its original position.”
ETYMOLOGY OF CRIMINAL

 Derived from Old French CRIMINEL, criminal despicable wicked and directly from Late Latina
CRIMINALIS pertaining to crime, From Latin Crimen (genitive Criminis).
Etymology of Investigation:
 The term came from the Latin word investigare
- which means “to track or to look into for traces”.
 Fundamentally, it may have been derived from vestigium, another Latin word
- which means “footprint”.
Who is a Criminal
 Pertains to individual who has been found guilty of the commission of conduct that causes social
harm and that is punishable by law; a person who has committed a crime.
 Criminals are those who violated Philippine Criminal Laws and convicted by courts.
Who is a criminal Investigator or Prober
 Refers to a public safety officer who is tasked to conduct the investigation of all criminal cases
provided for embodied under the Revised Penal Code/Criminal Laws and Special Laws which are
criminal in nature.
 A well-trained person disciplined and experienced professional in the field of criminal
investigation duties and responsibilities.
Criminal Investigation Background
 BABYLON (2100 B.C.).
At about 1750 BC, Hammurabi, king of Babylon created one of the first Bodies of
Written Law. (CODE OF HAMMURABI).
 It imposes the Lex Taliones (Law of Retribution)
 Refers to the concept known as “An eye for an eye and a tooth for a tooth”
 ROME (5th Century B.C.).
 This century marked Rome for the creation of the first specialized investigative unit
which was named as the Questor or Trackers or Murderers.
 ATHENS (6th Century B.C.).
 This era adapted an unpaid magistrate(judge) to make decisions for the cases presented
to them
 This magistrate was only appointed by the Citizens.
 Reign of Alfred the Great (9th Century).
 Alfred the Great established a system of Mutual Pledge(social Control), which organized
for the security of the country into several levels such as:
 Ten Tithing
 Done by grouping a hundred persons into one under the charge of a
High Constables).
 The constable who is considered the first form of English Police deals
with more serious breaches of the Law.
 Tithing
 Performed by grouping ten persons together to protect one another
and to assume responsibility for the acts of the group’s member.
 The one who heads the group is called Chief
Note: William Norman divided England into Shires(district) and was headed by a reeve(ruler)
 ROME (at about the time of Christ).
 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.
  Praetorian Guard – considered as to be the first police officer in Rome with the
job of protecting the Palace of Rome and the Emperor.
 Praefectus Urbi – is to protect the city exercising both executive and judicial
power.
 Vigiles of Rome – the Vigiles began as the fire fighters, granted with law
enforcement responsibilities and patrolled Rome’s streets day and night.
 Vigile
 It was considered as civil police force designed to protect citizens.
 It was considered quite brutal and it is where the word “Vigilante” came
from.
 The Statute of Winchester: England (1285 A.D.).
 It was establish a rudimentary criminal justice system in which most of the responsibility
for law enforcement remained with the people themselves.
 The Watch and Ward Act – required all men to serve on the night watch with three
major duties:
 Patrolling the streets from dusk till dawn to ensure that all local people were
indoors and quiet and that no strangers were roaming about.
 Performing duties such as lighting street lamps, clearing garbage from the
streets and putting out fires.
 Enforcing the criminal law.
 Hue and Cry System
 all male shall keep weapons in their home for maintaining public peace. If there was
any trouble the Watch and Ward would raise Hue and Cry and then all the citizens
would come out from their homes and assist the Watch and Ward.
 Parish Constables – the primary urban law enforcement agents in England.
 The office of the Parish Constables was responsible for organizing and supervising the
Watch and Ward.
 Dental Evidence (1447)
 The first use of dentistry to solve a crime
 The missing teeth of the French Duke of Burgundy were used to identify remains in
1447.
 Blood Splatter Analysis (1514)
 Allows us to see how the blood got where it is by seeing the placement of the blood and
the shape of the splatter.
 English Policing System (17th Century).
 It used a form of individual private police called as the Thief Takers.
 Boston Night Watchmen (1636).
 Boston had a night watchmen, in addition to military guard.
 New York and Philadelphia soon developed a similar night watch system.
 Rattle Watch
New York Night watchmen.
 Jonathan Wild
 Thief-taker and anti-hero
 Henry Fielding (1749).
 Founded the Bow Street Runners.
 It was called the London’s first professional police force and was considered as the
foundation to all modern police forces.
  He published a pamphlet entitled, An Inquiry into the Causes of the Late Increase of
Robbers.
 John Fielding (1753)
 Younger half-brother of Henry Fielding
 Blind Break
 Recognized 3000 criminals by the sounds of their voices
 Patrick Colquhoun (1800)
 Published a book known as, The Commerce and Policing of the River Thames.
 He was also credited for his innovation for the critical development.
 Together with Master Mariner John Harriot developed(founder) the Marine Police
Force or sometimes known as the Thames River Police.
 It was said to be the first England’s Police Force.
 Eugene “Francois” Vidocq (1811)
 He introduced the concept of Trade Protection Society, which became the forerunner of
our present-day credit card system.
 He is the founder of La Suerte (France’s National Detective Organization.
 He was considered as the Father Modern Criminology of the French Police Department.
 He was regarded as the First Private Detective
 He worked under the Theory of Set a thief to catch a thief.
Sir Robert Peel (1829)
 Established the London Metropolitan Police, which became the world’s first modern organized
police force.
 The Metropolitan Police Force was guided by the concept of crime prevention as a primary
police objective.
 Embodied the most memorable principle which states that : The police are the public, and the
public are the police.
 The father of Modern Policing.
Met and MPS
 Informal names for Metropolitan Police Force
 Also referred as Scotland Yard Police.
 Police are often referred to as Bobbies or Peelers.
 After the name of Sir Robert “ Bobby” Peel.
 Forensic Firearm Examination (1835)
 The first case of forensic firearm examination was in 1835
 HENRY GODDARD
 Applied ballistic Fingerprinting to link a bullet recovered from the victim to the actual
culprit.
 He realized that recovering the bullet mold would easily help him to confirm the
shooter.
 Boston Police (1838)
 It was the first American police force established in the city of Boston.
 It was a day police force supplement the nightwatch (two-shift police system)
 Created the first unified day and night police, thus abolishing its nightwatch system.
 Sir William James Herschel (1850s)
 Accredited with being the first European to note the value of fingerprints for
identification.
 Recognizing that fingerprints were unique and permanent by documenting his own
fingerprints over his lifetime.
  He was also credited with being the first person to use fingerprints in practical manner.
 He introduced the method of identifying criminals by their fingerprints in the 1860’s in
india
 Allan Pinkerton (1850)
 He was a Scottish-born detective and the founder of a famous American private
detective agency.
 its successes included the thwarting of an assassination plot against President-elect
Abraham Lincoln in February 1861 in Baltimore
 He was considered as the America’s foremost private detective. And truly deserves the
title of America’s Founder of Criminal Investigation.
 He pioneered a method were shadowing, the art of suspects surveillance, roping,
working undercover capacity, the have the motto “WE NEVER SLEEP”.
 Also, he was the first to devise a ROGUES’ GALLERY.
 Charles Dickens (1852)
 He was so fond of the term that he used it twice in his own magazine “Household
Words” (to each division of the Force is attached two officers, who are denominated
‘detectives,’ 1850). Then again in his novel “Bleak House” (1852).
 He introduced the term detective to the English language.
 Thomas Byrnes (1866)
 Became one of the most famous crime fighters of the late 19 th century by supervising
the newly created detective division of the New York Police Department.
 He was widely credited for pioneering the use of modern police tools such as
MUGSHOTS.
 He proudly took credit for an intense form of interrogation he termed THE THIRD
DEGREE.
Alphonse Bertillon (1882)
 He introduced the first systematic identification system based on the Anthropological
Measurement (Anthropometry or Bertillon System).
 He was considered the Founder of Criminal investigation, Father of Criminal Investigation and as
well as the Founder of Personal Identification.
1. Body: height standing, reach from fingertips to fingertips, length of trunk and head, or height sitting;
2. Head: length and width, length and width of right ear; and
3. Limbs: length of left foot, length of left middle finger, length of left little finger, Length of left forearm.
 Portrait Parle (Spoken Portrait/Picture
 Is an identification technique invented by Bertillon as a supplement to the system.
 Sherlock Holmes (1887)
 Arthur Conan Doyle published his first Sherlock Holmes story in 1887 which is a fictional
detective movie.
 London-based “ consulting detective,”.
 Holmes is famous for his astute logical reasoning, his ability to adopt almost any
disguise, and his use of forensic science skills to solve difficult cases.
 Juan Vucetich (1892)
 The first use of fingerprints in modern times to solve a murder was documented.
 He created the world’s first fingerprint classification system – based on early
experiments by English scientist Sir Francis Galton.
 He referred to his system as “comparative dactyloscopy”
Dr. Hans Gross (1893)
 Hans Gustav Adolf Gross was an Australian criminal jurist and Criminologist.
  The Founding Father of Criminal Profiling.
 His efforts focused on expanding deep investigation, professional ethics, and the scientific
method
 He fully introduced the concept of criminalistics in 1893, a period in which the notion of
criminology expanded.
 He publish a book System Der Kriminalistik (Criminal Investigation) and widely coining the term
“criminalistics”.
 He is also widely regarded as the Grandfather of Criminalistics.
Edmond Locard (1920)
 He published L’ Enquete Criminelle et les Methodes Scientifique (Criminal Investigation and
Scientific Methods).
 A pioneer on forensic science and became known as Sherlock Holmes of France.
 He formulated the basic principle of forensic science: Every contact leaves a trace.
 This became known as Locard’s Exchange Principle.
 He established the first real crime lab in two attic rooms at the Lyon, France police department
in 1910.
 He is the Father of Crime Scene Investigation.
The Lie Detector (1921)
 John Larson
 A University of California medical student, invented the modern lie detector (polygraph)
in 1921.
 Used in police interrogation and investigation since 1924, the lie detector is still controversial
among psychologists, and is not always judicially acceptable.
 The name polygraph comes from the fact that the machine records several different body
responses simultaneously as the individual is questioned.
International Criminal Police Commission (1923)
 It was created in 1923, and became the International Criminal Police Organization – INTERPOL
( international Police) in 1956
 It offers investigative support such us forensic, analysis, and assistance in locating fugitives
around the world.
 It serves as the intelligence and communications liaison for police forces across its 190 (and
counting) member countries.
 Provide targeted training, investigative support and real-time data to help combat wide variety
of criminal activity across international borders.
Miranda vs. Arizona (1966).
 The case became the model (with modification) relative to the rights of the person under
custodial investigation observe by criminal investigators.
 The United State States Supreme Court established procedural guidelines for taking criminal
confessions (Miranda Warning or Rights)
 The Miranda Doctrine
 (a) any person under custodial investigation has the right to remain silent;
 (b) anything he says can and will be used against him in a court of law;
 (c) he has the right to talk to an attorney before being questioned and to have his
counsel present when being questioned; and
 (d) if he cannot afford an attorney, one will be provided before any questioning if he so
desires.
Dr. Alec Jeffreys (1985).
 He is a British geneticist
  Alec and his team developed techniques for genetic fingerprinting and DNA profiling in 1985.
 DNA fingerprinting was first used in police forensic test to identify the killer of two
teenagers, Lynda Mann and Dawn Ashworth, who had been raped and murdered in
Narborough, Leicestershire, in 1983 and 1986 respectively.
 Colin Pitchfork was identified and convicted of their murders after samples taken from him
matched semen samples taken from the two dead girls.

Legal Doctrines, Principles, and Maxims

 Actus reus
 Refers to an act which is illegal.
 Guilty act
 Actus Me Invito Factus Non Est Meus Actus
 “The act done by me against my will is not my act”.
 Actus Non Facit Reum Nisi Mens Sit Rea
 “An act is not necessarily a guilty act unless the accused has the necessary state of mind
required for that offence”.
 Mens Rea
 Guilty mind
 Burden of Proof
 Refers to the duty of a party in a legal proceedings to prove an assertion of fact.
 Establish the “Fact beyond reasonable doubt”.
 Doctrine of Inevitable Discovery
 Doctrine which states that, evidence is admissible even if obtained through an unlawful
arrest, search, interrogation, or violation of an exclusionary law, if can be established, to
a very high degree of probability, that normal police investigation would have inevitably
led to the discovery of the evidence.”
 Due Process
 Is the legal requirement that the state must respect all legal rights that are owed to a
person.
 It balance the power of law of the land and protects the individual person from it. When
the Gov’t harms a person w/o ff the exact course of the law, this constitutes a due
process violation, which offends the rule of law
 A law which states “It hears before it condemns.
 El Que Es Causa De La Causa Es Causa Del Mal Causado
 Means “He who is the cause of the cause is the cause of the evil cause”
 Exclusionary Rule Principle
 Principle mandates that “evidence obtained from an illegal arrest, unreasonable search
or coercive investigation, or in violation of a particular law must be excluded from the
trial and will not be admitted as evidence.
 Ex Post Facto Law
 Defined in which makes an action done before the passing of the law and which was
innocent when done.
 The Law looks forward not backward
 Prospectivity/irretrospectivity
 Doctrine of the Fruit of Poisonous Tree
 a doctrine which is very similar to the Exclusionary rule, under this doctrine, evidence
obtained from illegal arrest, search seizure is not admissible in the court of law.
 Also called as Tainted Evidence.
  Habeas Corpus (May you have the body)
 a writ used to challenge the legality of detention.Orders the detaining party to “have the
(living) body” of the detained brought before court where detention will be
investigated.
 Ignorantia Juris Non Excusat or Ignorantia Legis Neminem Excusat.
 a Latin Maxim which states that, “ignorance of the law excuses not”
 ignorance of the law excuses no one from compliance therewith.
 In Flagrante Delicto (in blazing offence)
 it means caught in the actual act commiting a crime.
 Locus Delicti (Place of the crime)
 it is the shorthand version of Lex Locus Delicti Commissi or Locus Criminis (scene of the
crime).
Modus Operandi
 approximately translated as “method [manner] of Operation or M.O.”.
 use to describe someone’s habits of working, particularly in the cotext of business or criminal
investigation.
 Offender (Criminal) Signature and Modus Operandi
 Signature is a trait an investigator would know or recognize as belonging to a single
perpetrator.It is more important in an investigation as it leads to the offender’s
personality and motive while
 Modus Operandi is the means by which crime is carried out.
 Nulla Poena Sine Culpa
 “No Punishment w/o fault” or “no punishment w/o culpability”.
 the guilt principle
 a legal principle requiring that one cannot be punished for something that they are not
guilty of.
 Nulla Poena Sine Lege
 “no penalty without a law”
 a legal principle, requiring that one cannot be punished for doing something that is not
prohibited by law.
Proof Beyond Reasonable Doubt
 it is the quantum of evidence required in criminal cases; the accused is entitled to an acquittal,
unless his guilty is shown beyond reasonable doubt.
 Proof beyond reasonable doubt does not mean such degree of proof, excluding possibility of
error. produces absolute certainly.
 Moral certainly only is required, or the that degree of proof which produces conviction in an
unprejudiced mind.
 Reasonable Grounds to Belief
 sometimes referred to as reasonable and probable grounds to believe.
 is the test a police investigator must apply when considering the evidence to exercise
their powers during the investigation of an offense.Establishing reasonable grounds to
believe that a person is responsible for an offense allows the investigator to exercise
powers that are provided under the criminal code.These are the powers to arrest with
or w/o a warrant, and the power to swear an information against a person once
reasonable to believe have been established.
 Silver Platter Doctrine
 it is an old legal doctrine on the issue of when evidence can be used in court even if it
has been found in an illegal search and seizure.
Investigative Bodies
in the
Philippines
1. Criminal Investigation and Detection Group (CIDG)
is the Primary investigation investigation arm of the PNP.
1901. - sec 2. Act no. 235 of the Philippine Commission enacted on Oct 3, 1901
1901-1919. - criminal investigation service was primarily organized out of the great necessity of the
Philippine Constabulary in the investigation of crimes.
1920-1936. - the Sakdalista movement and the Asedillo uprising.
1950. - Kamlon Gang and the Hukbalahap
1987. - Creation of PNP under DILG
“DILG act of 1990”
1991. - CISC mandates by R.A. 6975, acted as the primary investigating arm of the PNP on major crimes,
OGCs, and economic sabotage.
1994. - Sept. 5, 1994 the CIS command was renamed as CIDG ff NAPOLCOM resolution NR. 92-37 with
the motto “We Seek the Truth”. “Spirit and Soul of the Force”.
Note: in 1996 SOCO team, was organized to met 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.
2. National Bureau of Investigation (NBI)
is an agency of Phillipine Government under DOJ, responsible for handling and solving major
high-profile cases that are in the interest of the nation.
1936. - C.A. no. 181
NBI (formerly Division of Investigation [DI]).
DI was then organized by a veteran American Police Officer,Capt Thomas Duggan
Flaviano Guerrero were hired by the Philippine Gov’t. to organize the DI of the DOJ
1937. - DI was formally organized
composed of 45 agents and approximately 100 officials and Employees (more than 3,000 applied
for the position as NBI agent)
1942-1945. - DI was affilliated w/ the Bureau of Internal Revenue BIR and the Philippine Constabulary PC
known as the Bureau of investigation (BI).
1945. - suspended the operaion of DI due to WWII and was reactivated on august 1945 after the
surrender of Japan.
1947. - June 19, 1947, BI enamed to NBI
2016. - June 23, 2016, R.A. 10867, the NBI was reorganized through the National Bureau of Investigation
and Reorganization and Modernization Act.
Functions of the NBI
 Under R.A. No. 10867
 Under Letter of Instructions No.20.
 Under Letter of Instructions (LOI) No. 784 Dec. 20, 1978
What is the Jurisdiction of the NBI?
the territorial jurisdiction the Bureau is national in scope and its power to investigate cases
estends to all municipalities, cities and provinces of the entire Philippine Archipelago.

Lesson 4.
Criminal Investigation:
Its Legal Foundation and Guidelines
Fundamentals of Criminal Investigation and Inlellige

CHAPTER I

INTRODUCTION TO CRIMINAL INVESTIGATION

This chapter deals with the general history of criminal

investigation, conceptual and legal foundations of criminal investigation,

interview and interrogation, and study of deceptions by criminals.

EXPECTED LEARNING OUTCOMES

At the end of this chapter, students are expected to have:

a. recognized the historical background, as well as conceptual and legal

foundations of criminal investigation;

b. identified and familiarized the principles, doctrines, and appropriate

processes in the conduct of criminal investigation;

c. acquired knowledge on the strategies, techniques, and tools used by

the criminal probers; and

d. evaluated and analyzed the Philippine National Police' procedures in

the conduct of criminal investigation.

Lesson 1. Overview of Criminal Investigation

What is the etymology of the word Criminal? Criminal was derived

from Old French criminel, criminal despicable, wicked and directly from

Late Latin criminalis pertaining to crime, from Latin crimen (genitive

criminis)."

Who is a Criminal? Criminal pertains to an individual who has been

found guilty of the commission of conduct that causes social harm and that

is punishable by law; a person who has committed a crime.2.3] Hence, a

criminal refers to a person who violated a criminal law imposed by a

particular state or country. In the country, criminals are those who violated

Philippine criminal laws and convicted by courts.

What is the etymology of the word Investigation? The word

investigation was derived from Old French investigacion, from Latin

investigationem (nominative investigatio) a searching into, a searching

noun of action from past participle stem of investigare to trace out,

A ch after, figuratively search into, investigate, from in -in, into

estigare to track, trace, from vestigium a footprint, a track. 4)

at is Investigation? The Philippine National Police (PNP) defined

estigation is an inquiry, judicial or otherwise, for the discovery and

coiiection of facts concerning the matter or matters involved. It is the

Page 1.

process of inquiring, eliciting, soliciting and getting vital information,

facts, or circumstances in order to establish the truth.

What is Criminal Investigation? Criminal investigation under the view

of PNP refers to the collection of facts in order to accomplish the three-

fold aims such as:

1. to identify the guilty party;

2. to locate the guilty party; and

3. to provide evidence of his (suspect) guilt.1

Criminal investigation is an applied science that involves the study

of facts that are then used to inform criminal trials. A complete criminal

investigation can include searching, interviews, interrogations, evidence

collection and preservation, and various methods of investigation.

Who is a Criminal Investigator or Prober? Based on the concept of the

PNP, it refers to a public safety officer who is tasked to conduct the

investigation of all criminal cases as provided for and embodied under the

Revised Penal Code/Criminal Laws and Special Laws which are criminal

in nature. A well-trained person disciplined and experienced professional

in the field of criminal investigation duties and responsibilities.I

Duty to Investigate and Use of Discretion

1. It must be an informed decision, based on evidence that constitutes

reasonable ground;

2. There must be concrete reasons for the decisions to use discretion

that are not based on favoritism or bias; and

3. The officer must have both a subjectively and objectively honest belief

in the reason for using the discretion, and the judge must determine

that the officer's belief reflected reality."

Criminal Investigation: A Background

Babylon (2100 B. C.). At about 1750 BC, Hammurabi, king of Babylon,

created one of the first bodies of written law – the Code of Hammurabi.

The Code was then implemented to detect those who refused to obey the

law. It imposes the Lex Taliones (Law of Retribution) principle where the

punishment of an offender is equal to what he did. The principle also

refers to the concept known as An eye for an eye and a tooth for a

tooth 8]

Rome (5th Century B.C.). This century marked Rome for the creation of

the first specialized investigative unit which was named as Questors or

Trackers or Murderers.

Page 2

Athens (6th Century B.C.). This era adapted an unpaid magistrate

(judge) to make decisions for the cases presented to them. This magistrate

was only appointed by the citizens.

Reign of Alfred the Great (9th Century). In the later part of the ninth

century, Alfred the Great established a system of mutual pledge (social

Control), which is organized for the security of the country into several

levels such as the following:

1. Ten Tithing. This is done by grouping a hundred persons into one

under the charge of a High Constable. Hue and Cry is employed.

The constable who is considered the first form of English Police

deals with more serious breaches of the law.

Athens (6th Century B.C.). This era adapted an unpaid magistrate

(judge) to make decisions for the cases presented to them. This magistrate

was only appointed by the citizens.

Reign of Alfred the Great (9th Century). In the later part of the ninth

century, Alfred the Great established a system of mutual pledge (social

Control), which is organized for the security of the country into several

levels such as the following:

1. Ten Tithing. This is done by grouping a hundred persons into one

under the charge of a High Constable. Hue and Cry is employed.

The constable who is considered the first form of English Police

deals with more serious breaches of the law.

2. Tithing. This is performed by grouping ten persons together to

protect one another and to assume responsibility for the acts of the

group's members. The one who heads the group is called Chief.

Note: William Norman divided England into shires (districts) and

was headed by a reeve (ruler).!10]

Rome (At about the Time of Christ). 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. Their

functions are as follows:

1. Praetorian Guard. This guard is considered to be the first police

officer in Rome with the job of protecting the Palace of Rome and

the emperor.

2. Praefectus Urbi. The function of the Praefectus Urbi is to protect

the city exercising both executive and judicial power.

3. Vigiles of Rome. The Vigile began as fire fighters, granted with

Olaw enforcement responsibilities and patrolled Rome's streets day

and night. The Vigile was considered as a civil police force

designed to protect citizens. Vigile was considered quite brutal and

is where the word "Vigilante" came from. 91

The Statute of Winchester: England (1285 A.D.). The Statute was

ehac ted to establish a rudimentary criminal justice system in which most

of the responsibility for law enforcement remained with the people

Fundamentals of Criminal Investigation and Intelligence

themselves. It was promulgated by Winchester. The statute established the

following:

1. The Watch and Ward Act. The Watch and Ward required all men

to serve on the night watch with three major duties:

a. Patrolling the streets from dusk till dawn to ensure that all local

people were indoors and quiet and that no strangers were

roaming about.

b. Performing duties such as lighting street lamps, clearing

garbage from the streets and putting out fires.

c. Enforcing the criminal law.

2. Hue and Cry System.

3. Parish Constables. The primary urban law enforcement agents in

England.

All male shall keep weapons in their home for maintaining public

peace. If there was any trouble the Watch and Ward would raise Hue and

Cry and then all the citizens would come out from their homes and assist

the Watch and Ward. The office of Parish Constable was responsible for

organizing and supervising the Watch and Ward.(11]

Dental Evidence (1447). Missing teeth of the French Duke of Burgundy

were used to identify remains in 1447. This, so far as we know, was the

first use of dentistry to solve a crime.

Blood Splatter Analysis (1514). The earliest known use of blood splatter

evidence took place at a trial in London in which the defendant, Richard

Hunne, had been jailed for heresy and was then convicted of suicide, post

mortem. Today blood splatter analysis is used all the time to determine

how exactly a crime played out. It allows us to see how the blood got

where it is by seeing the placement of the blood and shape of the

splatter.12]

English Policing System (17" Century). It used a form of individual

private police called as the Thief Takers. The Thief Takers were private

citizens, had no official status and were paid by the king for every criminal
they arrested. The criminal would then be compelled to return the stolen

property or pay restitution."" The major role of the Thief Takers was to

combat the highway robbery committed by Highway men.

Fundamentals of Criminal Investigalion and Intelligence

Boston Night Watchmen (1636). As early as 1636 Boston had night

watchmen, in addition to a military guard. New York and Philadelphia

soon developed a similar night watch system. The New York night

watchmen were known as the Rattle Watch, because they carried rattles

on their rounds to remind those who needed reminding of their watchful

presence.

Jonathan Wild (1682–1725). Thief-taker and anti-hero. Trained as a

buckle-maker, Wild's imprisonment for debt brought him into contact with

the underworld, then into handling stolen property. He circumvented the

1707 Act which made "fences" accessories by deliberately planning

robberies from identifiable victims, from whom he could then claim

reward money on return of their property. He simultaneously orgånized

his own thieves into allotted gangs, supporting but controlling them by

'bringing them to justice' if he chose. His activities prompted a statute

whereby receiving a reward for returning deliberately stolen goods was an

offence comparable to the felony, but the self-delusion that his public

services outweighed his own crimes eventually ended.131

Henry Fielding (1749). He founded the Bow Street Runners. This was

called London's first professional police force (originally numbered just

eight) and was considered as the foundation to all modern police forces. In

1751, Henry published a pamphlet entitled, An Inquiry into the Causes

of the Late Increase of Robbers, which called for many sweeping

changes in the laws and the execution of their laws.9.14]

John Fielding (1753). A younger half-brother of Henry Fielding,

appointed as Henry's personal assistant in 1750, John helped him to root

out corruption and improve the competence of those engaged in

administering justice in London. He also introduced the practice of

developing informants, printing wanted notices, employing criminal raids,

and bearing firearms and handcuffs. The blind John was known as the

Blind Beak and allegedly being able to recognize 3000 criminals by the

sounds of their voices.15]

Patrick Colquhoun (1800). He published a book known as, The

Commerce and Policing of the River Thames. He was also credited for

his innovation for the critical development and three decades later, led to

Robert Peel's “new" police. Colquhoun together with Master Mariner

John Harriot developed (founder) the Marine Police Force or sometimes

known as the Thames River Police. It was said to be England's first

Page 5

Police force. The police force was designed to tackle theft and looting

from ships anchored in the Pool of London and the lower reaches of the

river. His main contribution was the introduction of crime prevention, or

preventive policing - the fundamental principle to the English police

system.10]
Eugene "Francois" Vidocq (1811). He introduced the concept of Trade

Protection Society, which became the forerunner of our present-day

credit card system. For a fee, any owner of a shop or business

establishment could obtain particulars concerning the financial solvency of

new customers. He is the founder of La Surete (France's National

Detective Organization) and was considered as the father of modern

criminology of the French police department. Also, he was regarded as the

first private detective.161 Vidocq pioneered a number of techniques to

track criminals down and bring them to justice such as: undercover police

work, ballistics (the flight characteristics of bullets), record keeping

system, plaster of paris casting for shoe imprints, indelible ink and

unalterable bond paper (he held patents on both), crime scene security,

fingerprinting, and forensic anthropometrics (measurements of the human

body in police work). He also 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.18]

Sir Robert Peel (1829). Sir Robert Peel established the London

Metropolitan Police, which became the world's first modern organized

police force. It became model for the American police system and other

police forces in Great Britain but also had great influence on the style of

policing in almost all industrial societies. The Metropolitan Police Force

was guided by the concept of crime prevention as a primary police

objective; it also embodied the his most memorable principle which states

that: the police are the public, and the public are the police and the idea

that police constables were to be civil and courteous to the people. The
informal names are: Met and MPS; also referred to as Scotland Yard

Police. Police are often referred to as Bobbies or Peelers after Sir Robert

(Bobby) Peel. He also introduced the techniques in detecting crimes such

as detectives concealing themselves, and secretly photographing and

recording conversations and has employed the first undercover officer. Of

this, Sir Robert Peel led people to regard him the father of modern

policing.1]

Page 6

Forensic Firearm Examination (1835). The first case of forensic firearm

examination documented was in 1835 when Henry Goddard applied

ballistic fingerprinting to link a bullet recovered from the victim to the

actual culprit. On careful inspection, he found that the bullet had a defect

on its surface which did not seem to be from the barrel or the result of an

impact. It seemed more like a defect acquired during its manufacturing.

Anticipating that the shooter would have made the bullet himself, he

realized that recovering the bullet mold would easily help him confirm the

shooter. He was thus able to exactly zero in on the shooter when the mold

found at the suspect's home matched the marks on the bullet. This proved

as a crucial evidence in convicting the shooter though he did also confess

to the crime eventually.191

Boston Police (1838). It was the first American police force established in

the city of Boston. 20.21.22] It was the first publicly funded, organized

police force with officers on duty full-time. 231 It was a day police

force to supplement the nightwatch (two-shift police systems). However,

the New York Legislature passed a law in 1844 that authorized creating

the first unified day and night police, thus abolishing its nightwatch

system. Ten years later Boston consolidated its nightwatch with the day

police 24]

Sir William James Herschel (1850s). Herschel was credited with being

the first European to note the value of fingerprints for identification3B

recognizing that fingerprints were unique and permanent by documenting

his own fingerprints over his lifetime. He was also credited with being the

first person to use fingerprints in a practical manner. As early as the

1850s, working as a British officer for the Indian Civil Service in

the Bengal region of India, he started putting fingerprints on contracts. 25]

He introduced the method of identifying criminals by their fingerprints in

the 1860s in India, and their potential use in forensic work was first

proposed by in 1880. 26]

Allan Pinkerton (1850). He was a Scottish-born detective and founder of

a famous American private detective agency. In 1850 Pinkerton resigned

from Chicago's new police force in order to organize a private detective

agency that specialized in railway theft cases - the Pinkerton National

Detective Agency. Its successes included the thwarting of an assassination

plot against President-elect Abraham Lincoln in February 1861 in

Baltimore 127]

Page 7

Allan Pinkerton was considered as the America's foremost private

detective. This individual truly deserves the title of America's Founder

of Criminal Investigation. Among methods he pioneered were

shadowing, the art of suspects surveillance, roping, working in undercover

capacity, they have the motto, We Never Sleep. Also, he was the first to

devise a rogues' gallery (a compilation of descriptions, methods of

operation, hiding places, and names of associates of known criminals).

Charles Dickens (1852). Dickens was so fond of the term that he used it

twice in his own magazine "Household Words" (To each division of the

Force is attached two officers, who are denominated 'detectives,' 1850),

then again in his novel "Bleak House" (1852). Sherlock Holmes first

appeared in print in 1887, more than thirty years after Dickens had used

the term. 281 He introduced the term detective to the English language.

Thomas Byrnes (1866). Byrnes became one of the most famous crime

fighters of the late 19th century by supervising the newly created detective

division of the New York Police Department. Byrnes was widely credited

for pioneering the use of modern police tools such as mugshots. He

proudly took credit for an intense form of interrogation he termed the

third degree. According to his account, he would confront the suspect

with the details of his crime, and thereby trigger a mental breakdown and

confession. 29]

Alphonse Bertillon (1882). He introduced the first systematic

identification system based on the Anthropological measurement

(Anthropometry or Bertillon System). He was considered the founder

[father] of Criminal Investigation as well as the founder of Personal

Identification. The system records anthropometric measurements and

personal characteristics such as color of eyes, scars, and deformities. The

following measurements are taken:

1. Body: height standing, reach from fingertips to fingertips, length

of trunk and head, or height sitting;

2. Head: length and width, length and width of right ear; and

3. Limbs: length of left foot, length of left middle finger, length of

left little finger, length of left forearm. These measurements are

recorded on cards and classified according to the length of the

head.

Page 8

Bertillon measurement is difficult to take with uniform exactness and physical dimensions can change as
a result of growth or surgery. Also,

the Portrait Parlé (Spoken Portrait/Picture) is an identification

technique invented by Bertillon as supplement to the System. Each Lesson

of the body and face was designated by a corresponding sign and

transcribed in succession, the end result being an individual descriptive

card (fiche signalétique) that could be further condensed into a notice.30]

Sherlock Holmes (1887). Arthur Conan Doyle published his first

Sherlock Holmes story in 1887 which is a fictional detective movie.

London-based "consulting detective," Holmes is famous for his astute

logical reasoning, his ability to adopt almost any disguise, and his use of

forensic science skills to solve difficult cases.

Juan Vucetich (1892). In 1892, the first use of fingerprints in modern

times to solve a murder was documented. While working for the Central

Police Department in La Plata, Argentina, he created the world's first

fingerprint classification system – based on early experiments by English

scientist Sir Francis Galton. Vucetich referred to his system as

"comparative dactyloscopy," and used it to identify a bloody fingerprint

found at the scene of a gruesome double-murder of two children. The

children's mother admitted to the killings after presented with the

evidence against her.12]

CC

Dr. Hans Gross (1893). Hans Gustav Adolf Gross was an Austrian

criminal jurist and criminologist, the Founding Father of Criminal

Profiling. His efforts focused on expanding deep investigation,

professional ethics, and the scientific method. Gross fully introduced the

concept of criminalistics in 1893, a period in which the notion of

criminology expanded. He published a book System Der Kriminalistik

(Criminal Investigation) and is widely credited with coining the term

"criminalistics". His book was the first comprehensive description of uses

of physical evidence in solving crime. He also introduced new concepts in

the examination of crime scenes, such as crime scene photography,

fingerprints, microscopy, and X-rays.B Gross stressed the use of careful

judgement due to often misleading evidence. Relating the concept of the

crime scene, Gross explains the necessity of balancing emotion with

evidence and evidence with logic.521 Dr. Gross is also widely regarded as

the grandfather of modern criminalistics.

[32]

Page 9

Edmond Locard (1920). He published L' Enquete Criminelle et les

Methodes Scientifique (Criminal Investigation and Scientific Methods)

in 1920. A pioneer on forensic science and became known as the Sherlock

Holmes of France. He formulated the basic principle of forensic science:

Every contact leaves a trace. This became known as Locard's

Exchange Principle. In essence, "this principle is applied to crime scenes

in which the perpetrator(s) of a crime comes into contact with the scene.

which in turn translates that the perpetrator(s) will both bring something

into the scene and leave with something from the scene."S3) Dr. Edmond

Locard, the father of crime scene investigation, established the first real

crime lab in two.attic rooms at the Lyon, France police department in

The Lie Detector (1921). John Larson, a University of California medical

student, invented the modern lie detector (polygraph) in 1921. Used in

police interrogation and investigation since 1924, the lie detector is still

controversial among psychologists, and is not always judicially

acceptable. The name polygraph comes from the fact that the machine

records several different body responses simultaneously as the individual

is questioned.

International Criminal Police Commission (1923). It was created in

1923, and became the International Criminal Police Organization-

INTERPOL (International Police) in 1956. It offers investigative support

such as forensics, analysis, and assistance in locating fugitives around the

world. Interpol serves as the intelligence and communications liaison for

police forces across its 190 [and counting] member countries. Also,
Interpol provides targeted training, investigative support and real-time

data to help combat a wide variety of criminal activity across international

Miranda vs. Arizona (1966). The United States Supreme Court

established procedural guidelines for taking criminal confessions (Miranda

Warning or Rights). The case became the model (with modification)

relative to the rights of person under custodial investigation observe by

criminal investigators.35]

Dr. Alec Jeffreys (1985). He is a British geneticist, Alec and his tea

developed techniques for genetic fingerprinting and DNA profiling

1985136] which are now used worldwide in forensic science to assist po

detective work and to resolve paternity and immigration disputes.

fingerprinting was first used in a police forensic test to identify the killer

of two teenagers, Lynda Mann and Dawn Ashworth, who had been raped

and murdered in Narborough, Leicestershire, in 1983 and 1986

respectively. Colin Pitchfork was identified and convicted of their murders

after samples taken from him matched semen samples taken from the two

dead girls.37)

APPENDIX A. Lesson 1 Practical Exercises, pages 51-53

Lesson 2. Legal Doctrines, Principles, and Maxims

1. Actus Reus. It refers to an act which is illegal.

2. Actus Me Invite Factus Non Est Meus Actus. It is a legal maxim in

Latin which means that, "the act done by me against my will is not my
act."

3. Actus Reus Non Facit Reum Nisi Mens Sit Rea. It is a legal maxim in

Latin which means that, "an act is not necessarily a guilty act unless the

accused has the necessary state of mind required for that offence."

Generally, a person cannot be guilty of a crime unless two elements are

present: the actus reus (guilty act) and the mens rea (guilty mind).

4. Burden of Proof. It refers to the duty of a party in a legal proceeding to

prove an assertion of fact.

5. Doctrine of Inevitable Discovery. It is a doctrine which states that,

evidence is admissible even if obtained through an unlawful arrest, search,

interrogation, or violation of an exclusionary law, if it can be established,

to a very high degree of probability, that normal police investigation

would have inevitably led to the discovery of the evidence."

6. Due Process. It is the legal requirement that the state must respect all

legal rights that are owed to a person. It balances the power of law of the

land and protects the individual person from it. When a government harms

a person without following the exact course of the law, this constitutes a

due process violation, which offends the rule of law. It is a law which

Page 11

7. El Que Es Causa De La Causa Es Causa Del Mal Causado. It meane

that, "he who is the cause of the cause is the cause of the evil caused."

the act

14. Loc

8. Exclusionary Rule Principle. The principle which mandates that

"evidence obtained from an illegal arrest, unreasonable search or coercive

investigation, or in violation of a particular law, must be excluded from

the trial and will not be admitted as evidence."

Locus

15. Мо

"Metho

someor

crimina

9. Ex Post Facto Law. It has been defined as one: which makes an action

done before the passing of the law and which was innocent when done,

criminal, and punishes such action; or which aggravates a crime or makes

it greater than it was when committed; or which changes the punishment

and inflicts a greater punishment than the law annexed to the crime when

it was committed; or which alters the legal rules of evidence and receives

less or different testimony than the law required at the time of the

commission of the offense in order to convict the defendant; or which

assumes to regulate civil rights and remedies only but in effect imposes a

penalty or deprivation of a right which when done was lawful; or that

which deprives a person accused of a crime of some lawful protection to

which he has become entitled, such as the protection of a former

conviction or acquittal, or a proclamation of amnesty.

10. Fruit of the Poisonous Tree Doctrine. It is a doctrine that is very

similar to the exclusionary rule. Under the Doctrine, evidence obtained

from illegal arrest, search or seizure is not admissible in the court of

law. 40] This is also called as Tainted Evidence.

11. Habeas Corpus (May you have the body). A writ used to challenge

the legality of detention. Orders the detaining party to "have the (living)

body" of the detained brought before the court where the detention will be

12. Ignorantia Juris Non Excusat or Ignorantia Legis Neminem

Excusat. It is a Latin maxim which states that, "ignorance of the law

excuses not." It is a legal principle holding that a person who is unaware

produces

degree o

rule plac

accused,

the weak

was unaware of its content. 41]

13. In Flagrante Delicto (In blazing offense). It means caught in the

actual act of committing a crime. Technically, it refers to being "caught in

the act" of any misdeed.

14. Locus Delicti (Place of the crime). It is the shorthand version of Lex

Locus Delicti Commissi or Locus Criminis (Scene of the crime).

15. Modus Operandi. This is a Latin phrase, approximately translated as

"Method [Manner] of Operation or M.O.". The term is used to describe

someone's habits of working, particularly in the context of business or

criminal investigation."

[42]

Offender (Criminal) Signature and Modus Operandi

Signature is a trait an investigator would know or recognize as

belonging to a single perpetrator. It does not change as the criminal

gets better at his crimes. Signature is the more important in an

investigation as it leads to the offender's personality and motive while

Modus Operandi is the means by which the crime is carried out.

M.O. can evolve as the offender becomes more experienced,

proficient, and successful at avoiding capture. Both are important to

investigators, but there are differences.

16. Nulla Poena Sine Culpa. It is a Latin for "no punishment without

fault" or "no punishment without culpability" or the guilt principle. It is a

legal principle requiring that one cannot be punished for something that

they are not guilty of. 43]

17. Nulla Poena Sine Lege. It is a Latin for "no penalty without a law." It

is a legal principle, requiring that one cannot be punished for doing

something that is not prohibited by law. 44]

18. Proof Beyond Reasonable Doubt. It is the quantum of evidence

required in criminal cases; the accused is entitled to an acquittal, unless his

guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt

does not mean such a degree of proof, excluding possibility of error,

produces absolute certainly. Moral certainly only is required, or that

degree of proof which produces conviction in an unprejudiced mind. This

rule places upon the prosecution the task of establishing the guilt of an

accused, relying on the strength of its own evidence, and not banking on

the weakness of the defense of an accused.145]

Page 13
19. reasonable grounds for belief. it is also called reasonable grounds to believe, sometimes refferred to
as reasonable and probable geounds to believe, is the test a police investigator must apply when
considering the evidence to exercise their powers during the investigation of an offence. Establishing
reasonable grounds to believe that a person is

responsible for an offence allows the investigator to exercise powers that

are provided under the criminal code. These are the powers to arrest with

or without a warrant, the power to search and seize evidence with or

without a warrant, and the power to swear an information againšt a person

once reasonable grounds to believe have been established.

20. Silver Platter Doctrine. It is an old legal doctrine on the issue of

when evidence can be used in court even if it has been found in an illegal

search or seizure. This doctrine is obsolete today having been overturned

by the Supreme Court of the United States in the case of Elkins v. United

States which was decided in 1960.

Lesson 3. Investigative Bodies in the Philippines

1. Criminal Investigation and Detection Group (CIDG). The CIDG is

the primary investigation arm of the PNP.461

arm o

1994.

The PNP CIDG: An Overview

1901. The Criminal Investigation Service (CIS) now known as CIDG, can

trace its humble beginnings out of an urgent need for a unit that would

handle investigation of major crimes especially against national security at

the same time, free other Philippine Constabulary Units from this time-
consuming and highly specialized tasked. Hence, this crime-fighting unit

came into being with the creation of Investigation Lesson pursuant to Sec.

2 of Act No. 235 of the Philippine Commission enacted on October 3, being 1901.

1901-1919. During the American occupation, the criminal investigation

service was primarily organized out of the great necessity of the Philippine

Constabulary in the investigation of crimes.

Functi

1920-1936. The CIS then known as the Information Service has led to successful investigation on then
colurom rebellion sakdalista movement

and the Asedillo uprising and also successful in suppressing and

investigating crimes like those committed against the security of the state.

1950. The CIS was commissioned in gathering of intelligence to assume

as the main investigating outfit of the Philippine Constabulary due to the

resurgence of various criminal syndicates, like the Black Shirt and the

Kamlon gang coupled with the organization of various anti-government

movement, such as the Hukbalahap.

1987. The mandates of the 1987 Philippine Constitution established a

national police force that should be national in scope and civilian in

character under the Department of Interior and Local Government (DILG)

- the PNP. Consequently, the CIS was retained as one of the National

support units of the PNP under the name of Criminal Investigation Service

Command (CISC) to distinguish it from operating unit from the

administrative Support Unit created pursuant R.A. 6975.

1991. Due to media publicity regarding the investigation of sensational

cases committed by local executives Organized Crime Groups (OCGS),

the CISC as 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 CIS Command was renamed as CIDG

following NAPOLCOM resolution Nr. 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."l47]

Note: In 1996, the Scene of Crime Operation (SOCO) team, not

part of CIDG, 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. The SOCO team may also be called as Crime Scene

Investigators which is different to criminal investigators of PNP

CIDG and PNP investigators assigned to every police station.

Functions of PNP CIDG

a. Monitors, investigates and prosecutes all crime involving economic

sabotage like bank frauds, large scale smuggling, estafa, dollar salting,

hoarding, profiteering and other crimes of such magnitude and extent

as to indicate their commission by highly placed or Professional

syndicates and organizations.

Functions of the NBI

a. Under R.A. No. 10867

1. Human Trafficking cases in all airports in the Philippines,

2. Extrajudicial/ Extra-legal killings committed by the state's security

forces against media practitioners and activists;

3. Killings of justices and judges;

4. Violation of RA. No. 10175, otherwise known as the Cybercrime

Prevention Act: Council

5. Cases referred by the Inter-Agency Anti-Graft Coordinating

(IAGCC);

6. Violations of the Anti-Dummy Law;

7. Cases involving threats to security or assaults against the persons of

the President, Vice President, Senate President, Speaker of the House

of Representatives, and Chief Justice of the Supreme Court;

8. Transnational crimes pursuant to existing international agreements;

9. Identification of the dead/ victims in case of mass fatality incidents

caused by natural disasters; and

10. Violations of commercial, economic, and financial or white-collar

crimes such as, but not limited to, those punishable under R.A. No.

8792 (E-Commerce Act of 2000); R.A. No. 8484 (Access Devices

Regulations Act of 1998); R.A. No. 8293 (Intellectual Property Code

of the Philippines); R.A. No. 8799 (Securities Regulation Code); P.D.

No. 1689 (Decree Increasing the Penalty for Certain Forms of Estafa);

and other similar penal statutes that may be enacted by Congress.

The aforesaid primary investigative jurisdiction of NBI was

provided by the NBI Reorganization and Modernization Act, R.A. No.

10867 in 2016. However, the President or the Secretary of Justice may

direct the NBI to undertake the investigation of any crime when public
interest so requires

Note: Other government agencies have their own investigation unit

but for purposes of this study investigative body refers to the

investigative unit or department within the PNP.

b. Under Letter of Instructions No. 20. The NBI shall, among others,

be responsible for the efficient detection and investigation of crimes

and other offenses against the Philippine laws, upon its own initiative

and as public interest may require, rendering assistance, whenever

properly requested in the investigation or detection of crimes and other

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1. 1935 Philipine Constitution, Art 3, Sec. 17 (1). Il provides that, “ In

all criminal procedings, the acused shall.enjoy the right to be heard by

himself and counsel m 1]

2. 1973 Philippine Constitution, Art. 3, Sec. 20. It states that,“ No

person shall be compelled to be a witness against himself " That, any

person under investigation for the commission of an offense shall have the

right to remain silent and to counsel, and to be informed of such right. No

force, intimidation, or any means, which vitiate the free will, shall be used

against him. Any confession obtained in the violation of this Lesson shall

be inadmissible as evidence. 12

3. 1987 Philippine Constitution, Art 3, Sec. 12 (1). It states that," 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 " (Right to Due Process)

4. Republic Act No 1486. It is an act that defined contain rights of persa

arrested, detained andor under custodial investigation as well as the duties

of the aresting, detaining, and investigating officers and providing

penalties for violation thereof (Miranda Warning or Doctrine.)

Sarean

Criminal Investigation and Jurisprudence

1. Mapp v. Ohio (U.S.A., 1961). It stated that evidence that is illegally

in court. Until

obtained by the state may not be used against a defendant

Mapp, only the federal government was barred from using illegally

obtained evidence. So, when local police entered Dolly Mapp's home

without a search warrant and arrested her for possessing obscene books,

her conviction initially stood. The Court overturned her conviction,

however, and extended the Constitutional rule to apply to the states and

their subdivisions. [55]

2. Gideon vs. Wainwright (U.S.A., 1963). The Supreme Court held that

the Sixth Amendment (USA Constitution), which guarantees criminal

defendants the assistance of counsel, requires state governments to provide

attorneys for indigent (poor) criminal defendants. Defendants in criminal

cases have an absolute right to counsel. (56)

3. Escobedo vs. Illinois (U.S.A., 1964). The Court held that a suspect has

a right to have an attorney present when being interrogated in police

custody as well as during a trial. (57)

4. Miranda vs. Arizona (1966). It originated from the American

jurisprudence. Mr. Ernesto Miranda, a Latino was accused of kidnapping

and rape in the State of Arizona. The Arizona Police leading to his

confession interrogated him exhaustedly. 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 that the US Supreme Court laid down the

was constitutional incorporated rights in of our the accused 1973 Constitution

during the custodial and later interrogation in the 1987. It

Doctrine Constitution, or Warning of the Philippines. This is known as the

Miranda Rule,

What is Custodial Investigation? A person is under custodial

probe investigation for a crime of a person. Custodial if arrested " invited

investigation and" by taken a law into enforcement also police includes custody
officer any and questioning in interrogated connection or

with an offense he or she is suspected to have committed

accordance with R.A. No. 7438. in

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The Rights of a Person under Custodial Investigation

a. Right to remain silent. Anything that he may say may be used

against him in any court of law.

b. Right to have counsel preferably of his own choice and if he has

none, the government must provide one for him.

c. Right to be informed of the nature of the charges against him and

whatever he says may be used for or against him; and

d. Right to be informed of such rights under the constitution.

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.

In Miranda v. Arizona the Court addressed the question of how to

enforce a suspect's right to counsel and right against self-incrimination.

The Court concluded that police officers must specifically inform suspects

of these rights and inform them that if they give up these rights their

statements can be used against them. (35]

5. People v. Holgado (Phils., 1950: Right to Counsel). The Case

mentioned that when an accused'unaided by counsel qualifiedly admits his

guilt to an ambiguous or vague information, it is not prudent for the trial

court to render a serious judgment finding the accused guilty of a capital

offense without absolutely any evidence to determine and clarify the true

facts of the case. [58]

6. Morales vs. Juan Ponce Enrile (Phils., 1983: Miranda Warning).

The Supreme Court of the Philippines ruled in this case and made a clear

remark that the Miranda Warning as it is generally called have to be made

so that a confession can be admitted. [59]

Lesson 5. Crime and Criminal Investigation

What is Crime? Crime is an offense against a public law. ©] t refers also

to any act that is contrary to legal code or laws. [61] Crime under Philippine

law, refers to the act committed or omitted in violation of public law

forbidding or commanding it.

Categories of Crime

1. Felonies. Those in violation of the Revised Penal Code.

2. Offenses. Those in violation of statutes (Special Penal Laws).

3. Misdemeanors. Those in violation of ordinances [. 62]

Note: All felonies are crimes but not all crimes are felonies

because it could also be in the form of offense or misdemeanor.

Elements of a Crime

In the commission of a crime, criminologists and law enforcers are

required by law to prove the presence of three elements of a crime. They

are as follows:

1. Motive. It refers to the reason or intent of an individual to commit a

crime.

2. Opportunity. It refers to the chance for an individual to commit a

crime at a given space and time.

3. Means (Instrumentality or Capability). It refers to the ability of an

individual to commit a crime.

In recognizing and identifying these elements, the commission of a

crime may be prevented by taking away any one (1) of the three (3)

elements. This is the essence of crime prevention activities. [63]

What is Criminal Investigation? In reiteration, the PNP defined it as an

inquiry, judicial or otherwise, for the discovery and collection of facts

concerning the matter or matters involved. It is the process of inquiring,

eliciting, soliciting and getting vital information/ facts/ circumstances in

order to establish the truth. (s]

Who is a Police Investigator? Police investigator refers to a PNP

uniformed personnel both Police Commissioned Officer (PCO) and Police

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Non-Commissioned Officer (PNCO's) conferred with the appropriate

certification to investigate with care and accuracy, by conducting step-by

step examination, through patient inquiry and meticulous observation, data

and other pertinent matters to support crime theories and establish relevant

facts to aid in identifying the offense and criminal offender, locating him

and providing evidence of his guilt leading to the successful filing and

prosecution of the offense. Police Investigator must be a graduate of

Criminal Investigation Course (CIC) for PNCO and the Investigation

Officer Basic Course (IOBC) for PCO's. (64)

Who is a Police Detective? Police Detective refers to PNP uniformed

personnel who was previously certified as police investigator but was able

to complete 18 units of Master's Degree, and completed the Police

Detective Course (PDC), and acquired the requisite experience relating to

investigation of cases and appearance in court duties to support the

successful filing and prosecution of offense. [64]

Who is a Case Manager? Case manager refers to a PCO who was

previously certified as Police Investigator (PCO Category) but was able to

complete a Master Degree, completed the investigation Officers

Management Course (IOMAC), recorded the number of required

investigation and prosecution of cases. [64]

Characteristics of Competent Criminal Investigator

1. Perseverance. It 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 of the investigator 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. This refers to the degree of

honesty and integrity of the investigator on several temptations over

money that is offered to affect the investigation, women and drinks where

these are present in every corner playing tricks of temptations.

4. Intelligence and Wisdom of Solomon. This is very important in order

that the investigator could easily decipher falsehood from truth and

separate the grain from the chaff.

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5. Acting Activity. It refers to the ability of the investigator in stooping

down to the level of a minor, the prostitute or the slum dwellers,

professionals or other members of the elite during the investigation

process.

6. Oral and written Communication. Every investigator should have a

basic knowledge on both oral and written communication in probing a

certain issue in order that he will not suffer setback in getting the accurate

facts especially in the preparation of reports and or transmittal of

information. This includes the use of appropriate words in making a report

and writing observations and descriptions of places, things and events.

7. Observation and Description. The investigator should be a keen

observer and knows how to accurately describe everything. This is

important in crime scene investigation and in conducting interview and

interrogation

8. Courage. It is the moral fortitude of the investigator to tell the truth

irrespective of who gets hurt.

9. Knowledge on Laws. The investigator should have basic knowledge on

legal matters concerning investigation.

10. The power to “ read between the lines.” This refers to the ability of

the investigator to interpret the words or phrases encountered in the

process of investigation into their deeper meaning in order to arrive with a

concrete meaning of a certain statement.

11. Technical Knowledge. This refers to the investigator's capability of

defense tactics, use of firearms and the like. In many occasions, he will be

alone in confronting, arresting, bringing to headquarters and interrogating

the suspect.

Investigative Task and Investigative Thinking

Investigative Task relates to identifying physical evidence,

gathering information, evidence collection, evidence protection, witness

interviewing, and suspect interviewing and interrogation. These are

essential tasks that must be learned and practiced with a high degree of

skill to feed the maximum amount of accurate information into the

investigative thinking process while Investigative Thinking is aimed at

analyzing the information collected, developing theories of what

happened, the way an event occurred, and establishing reasonable grounds

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to believe. Those reasonable grounds to believe will identify suspects and

lead to arrest and charges. Investigative thinking is the process of

analyzing evidence and information, considering alternate possibilities to

establish the way an event occurred and to determine if they are

reasonable. [65]

Inductive and Deductive Reasoning

Inductive Reasoning is sometimes called inductive logic; it is a

reasoning that takes us beyond what we know (our current evidence or

information) to conclusions about what we don't know while Deductive

Reasoning is based on specific pieces of evidence to establish proof that a

suspect is guilty of an offense.

Kinds of Criminal Investigation in General

1. Investigation while the suspect is under arrest and detention.

2. Investigation while the suspect is “ at large."

Person at large and fugitive from justice.

Legally, at large is not synonymous to fugitive from justice, the

former not being a wanted person before the eyes of the law, and therefore

cannot be lawfully arrested without a warrant. The latter is necessarily an

escapee from detention or an escaped prisoner while serving sentence by

virtue of a final judgment rendered by a court of competent jurisdiction

that can be legally arrested without the necessity of a warrant of arrest. [66]

Phases of Criminal Investigation

1. Identify the suspect/ s through:

a. confession;

b. eye witness testimony;

c. circumstantial evidence; and

d. associative evidence.

2. Locate and apprehend suspect/ s.

3. Gathered and provide evidence to establish the guilt of the accused. 167)

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.

4. To arrest suspects.

5. To recover stolen properties.

6. To present the best possible case to the prosecutor.

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Modes of Investigation

1. Reactive Mode. Reactive Mode of investigation addresses crimes that

already happened or occurred.

2. Proactive Mode. Proactive Mode of investigation identifies and arrest

suspects before crime will happen. It was designed to catch a criminal in

the act of committing a crime rather than waiting until a crime is reported

by a concerned citizen.

Criminal Investigation as a Process

Criminal investigation refers to the process of collecting

information (or evidence) about a crime in order to:

1. determine if a crime has been committed;

2. identify the perpetrator;

3. apprehend the perpetrator; and

4. provide evidence to support a conviction in court.

Criminal investigation as a process may also involve:

1. Identification/ Recognition of facts, information, evidence;

2. Collection of facts, Information, evidence;

3. Preservation of forensic value (Legal Integrity);

4. Evaluation, processing of evidence and case; and

5. Presentation of evidence and criminal case. [68]

Big Investigative Errors

1. Failing to identify and collect all the available evidence and

information:

2. Failing to effectively analyze the evidence and information collected

to identify suspects and form reasonable grounds to take action; and

3. Becoming too quickly focused on one suspect or one theory of events

and ignoring evidence of other viable suspect or theories that should

be considered [69]

Strategic Investigative Response

Utilizing the STAIR Tool to work through the investigative

process. A police investigator is met with a Situation that must be

resolved. With this situation understood immediate Tasks must then be

undertaken to protect life and safety, gather relevant information, preserve

evidence, and identify offenders. Lastly, in every situation, the

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information discovered must be Analyzed to inform and guide

the Investigation that must happen to reach the desired Results (Figure 1)

Investigative Response Priority Result

Results and priorities focus first on the protection of the lives and
safety of people. They focus second on the priorities of protecting

property, gathering and preserving evidence, accurately documenting the

event, and establishing reasonable grounds to identify and arrest offenders

(Figure 2).

Tactical Investigative and Strategic Investigative Responses

Tactical Investigative Response. It is faced by operational officers who

are engaged in the frontline response to criminal events. As mentioned

earlier, police are often challenged to respond to events, sometimes life

and death situations, where information is limited and critical decisions

need to be made to take action. In these Tactical Investigative Responses,

the responding officers often have little or no time to undertake the tasks

of gathering information. They must rely on the information of a

dispatched complaint, coupled with their own observations made once

they arrive at the scene. If an officer takes the action of making an arrest

or using force to bring the situation under control, they are accountable for

the action they have taken, and they may be called upon by the court to

articulate their thinking, albeit based on limited information.

Strategic Investigative Response. It exists once an investigator has

arrived at the scene of an event and has brought the event under control by

either making an arrest or by determining that the suspect has fled the

scene and no longer poses a threat to the life or safety of persons, the

investigation becomes a strategic investigative response. With this

expiration of life and safety issues, also comes the expiration of exigent
circumstances and the additional authorities to detain persons suspected

and to enter and search private property without a warrant.165)

Lesson 6. Interview and Interrogation

What is the Right Principle in Interview and Interrogation? The Right

Principle in interview and interrogation is:

The RIGHT person asking the RIGHT question to the RIGHT

person at the RIGHT place and at the RIGHT time will get the RIGHT

answer.

A. Interview. Interview is the simple questioning of a person believed to

possess information, which are relevant to the investigation of a crime or

on criminal activities. In an interview, the interviewee is willing and

cooperative with the person conducting the interview.

General Kinds of Interview

1. Cognitive Interview. It is conducted to willing and cooperative

witnesses, where they are given the full opportunity to narrate their

accounts without intervention, interruption and interference from the

interviewer. After the subject has finished his narration, the investigator

now subjects him to the style of direct examination and cross-examination,

to clarify the unexplained portions to arrive at a vivid and complete picture

of the testimony

2. Question and Answer. This interview as practiced by some

investigators requires the interviewee to answer the question posed by the

investigator. The interviewee is required to answer on what he knows

about what is being asked. In the case of subjects of low level of

intelligence, the use of leading questions greatly helps the investigator to

obtain the full and desired information.

What is the Golden Rule in Interview? The golden rule in interview is:

Never allow the interviewer to conduct nor let anyone to conduct

an interview without prior visit to the crime scene.

The questioning should be in agreement with the facts and

conditions at the crime scene. The questioning will lead wayward for the

interviewer who had not seen personally the crime scene and he will not

be in a position to distinguish half-truths, exaggerations of falsehood from

the answers of the person being interviewed.

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Phases of Interview

1. Preparation. Investigator’s review of the facts at the crime scene and

information from other sources in order that he would be ready for the

questioning serves this stage. A background data of the subject should be

available so that he could adapt himself to the kind of approach to be

employed.

2. Approach. This is done through investigator's careful selection of the

kind of approach he will use, which maybe a single kind, a combination of

two or the application of all techniques.

3. Warming Up. This is done by preliminary or exploratory questions to

clear the atmosphere, promote a conducive place for cordiality, respect

and trust for each other.

4. Cognitive Interview. This is performed by allowing or asking now the

subject to narrate his account without interruption, intervention or

interference. It is only after the completion of the uninterrupted narration

that the investigator begins his direct and cross-examinations.

Rules in Questioning

1. One Question at a Time. Multiple, complex and legalistic questions

should be avoided. One question at a time is desired.

2. Avoid Implied Answer. The nod of the head or any other body

language as a response to the questions should be avoided. The answers

must be oral, clear, explicit and responsive to the questions.

3. Simplicity of Question. A short simple question at a time is required.

If the answer needs qualification, then, it should be allowed. Avoid

legalistic questions such as: who is the murderer, or who are in conspiracy

with the subject.

4. Saving Face. Embarrassing questions on the subject on matters of

exaggeration or honest errors about time, distance and description can be

avoided if the investigator will cooperate with the subject " to save his

face”. The investigator should not fault or ridicule the subject on these

matters.

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5. Yes and No Answer. Do not ask questions which could be answered by

yes or no only. It will curtail the complete flow of information and will

lead to inaccuracy

Qualities of a Good Interviewer

1. Rapport. It refers to the good relation between the interviewer and the

interviewee, which is conducive to a fruitful result. It is winning the

confidence of a person being interviewed in order that he will tell all the

information. The interviewer must be in a respectable civilian attire

because, most often and the majority of people, the police uniforms is

barrier in establishing good rapport. To many, the uniform is intimidating.

2. Forceful Personality. The appearance of the interviewer and other

qualities such as skills of communication techniques or the force of his

language are the mainstays of the strength of his character. He must be

understanding, sympathetic and without showing official arrogance,

vulgarity of expressions and air superiority.

3. Knowledge on Psychology/ Psychiatry. This helps the interviewer to

determine the personality and intelligence of his subject; he must go down

and up to the level of understanding of his particular subject.

4. Conversational Tone of Voice. Investigator's tone of voice must be

conversational, not confrontational as in interrogation. It means that the

interviewer must know how to appropriately use his voice normally,

without unusual loudness that may affect the interview process.

5. Acting Qualities. He must possess the qualities of an actor, salesman

and psychologist and know how to use the power of persuasion to

convince the person to disclose what he knows about the issue being

investigated.

6. Humility. He must be courteous, sympathetic and humble, ready to ask

apologies for the inconvenience of the interview. This is usually done at

the end of the interview that may give a good impression to the person

being interviewed

Note: Witness in the commission of crime could be a subject of

either interview or interrogation. However, other than a witness,

suspect or accused could also be interviewed or interrogated at the

discretion of the police investigator.

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Who is a Suspect? It refers to any person associated to the commission of

a crime. A suspect may also refer to any person whose guilt is considered

on reasonable ground to be a practical possibility.

Who is a Witness? Witness for purposes of this textbook refers to any

person who has knowledge about crime committed which he/ she have

observe deliberately or accidentally through any of his/ her senses. Of this,

a crime victim is considered as primary witness while a person (not a

victim) who has knowledge about the crime is considered as secondary

witness. Witness may also refer to a person other than the suspect, who is

requested to give information concerning an incident. He may be a victim,

complainant, an accuser, a source of information, and an observer of the

occurrence, a scientific specialist who has examined physical evidence or

a custodian of official document. 71 "]

Why Witnesses Refuse to Talk

1. Fear of Reprisal. Witnesses who lack the courage to face the suspect,

his associates or relatives always entertain the fear of reprisal. This is

natural, especially those who have no means to protect themselves, or no

influential persons for them to rely on. This is prevalent among the

generally underprivileged sectors of our society. The investigator must

remove these fears from the mind of his witnesses either by offering

protection or by the explanation that unless the suspect is not put behind

bars, the fear will not disappear. The investigator's power of persuasion

plays a vital role.

2. Great Inconvenience. On the part of those of hands-to-mouth existence

there is this real inconvenience, which will deprive them the time to earn

for their living especially during the ordeal of testifying during the trial.

To those unemployed, the inconvenience is greater thus; the investigator

must sincerely help them thru his contacts with the business community.

3. Hatred against the Police. This hatred maybe due to previous bad

experience with rogue members of the police organization. The

investigator must show the difference between him and the rogue

policeman by honest and sincere entertainment of the complaint against

the rogue cops. He must explain that these scalawags represent only small
percentage of a whole organization and the police leadership is addressing

the situation properly.

4. Because of Bias of Witness. The witness maybe an acquaintance,

friend, helper, or benefactor of the suspect. All of these and other

relationship of the witness to the suspect must be explored so than an

intelligent approach is properly applied.

5. Avoidance of Publicity. There are witnesses who are shy and they shun

publicity that will bring discomfort to their ordinary or obscure way of

living. The investigator must hide these witnesses away from reporters.

6. Family Restriction. Some famous and respected families preserve their

reputations by instilling to their members the need of the approval of their

elders on matters affecting their families. The investigator must talk to the

elders for their approval for a member to testify.

Types of Witness

1. Know-nothing Type. This is a reluctant type of witness. It is found

among the uneducated and of low level of intelligence. The technique to

be applied is to be with their level of intelligence and by interrogation.

2. Disinterested Type. This refers to an uncooperative and indifferent

subject. To deal with them is to find out their field of interest so that they

will talk. Their indifference should be demolished to arouse their interest

or be flattered.

3. The Drunken Type. The style of questioning by the investigator should

be adapted to the psychology of the subject. When the drunken subject

has sobered, another interview will be conducted, confronting him about

his disclosures while in the state of drunkenness. The written statement

must be taken during his sobriety.

4. Talkative Type. This is a witness who is prone to exaggerate, adding

irrelevant or new matters to their narration. The skillful investigator could

prune the unnecessary matters from the relevant ones.

5. Honest Witness. This is the truthful and cooperative witness where the

investigator could rely upon, with little or no problem in handling them.

6. Deceitful Witness. This is a liar type of witness. Let him lie and order

him to repeat several times their narration. He will be enmeshed in

contradictions. If possible, the lies must be tape recorded for the

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confrontation about his contradiction. Pressure him for possible cases of

perjury or obstruction of justice and he will tell the truth.

7. Timid Witness. This is a shy witness. The approach must be friendly

and reassuring confidentiality of their information. It should be hidden

from the devouring press by interviews or photo sessions.

8. Refusal to Talk Witness. This is the most difficult subject to deal with.

Find out the reasons of his personality such as: trauma, shock, fear, hatred,

and others. Remove these fetters of silence and he will start talking.

The Witness Protection, Security and Benefit Act (R.A. No. 6981)

The Act seeks to encourage a person who has witnessed or has

knowledge of the commission of a crime to testify before a court or quasi

judicial body, or before an investigating authority, by protecting him from

reprisals and from economic dislocation.

Who can be admitted into the Program?

1. Any person who has knowledge of or information on the commission

of a crime and has testified or is testifying or is willing to testify.

2. A witness in a congressional investigation, upon the recommendation

of the legislative committee where his testimony is needed and with

the approval of the Senate President or the Speaker of the House of

Representatives, as the case may be.

3. A witness who participated in the commission of a crime and who

desires to be a State witness.

4. An accused who is discharged from an information or criminal

complaint by the court in order that he may be a State witness. [72].

What benefits may a witness under the Program receive?

1. Security protection and escort services.

2. Immunity from criminal prosecution and not to be subjected to any

penalty or forfeiture for any transaction, matter or thing concerning his

compelled testimony or books, documents or writings produced.

3. Secure housing facility.

4. Assistance in obtaining a means of livelihood.

5. Reasonable traveling expenses and subsistence allowance while acting

as a witness.

6. Free medical treatment, hospitalization and medicine for any injury or

illness incurred or suffered while acting as a witness.

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7. Burial benefits of not less than Ten Thousand pesos if the witness is

killed because of his participation in the Program.

8. Free education from primary to college level for the minor or

dependent children of a witness who dies or is permanently

incapacitated.

9. Non-removal or demotion in work because of absences due to his

being a witness and payment of full salary or wage while acting as

witness. [72]

B. Interrogation. Interrogation is the vigorous and confrontational

questioning of a reluctant suspect about his participation in the

commission of crime. It is confrontational in the sense that the investigator

places the guilt on the accused. This process is applied to an uncooperative

or recalcitrant suspect/ witness. Interrogation is one of the most difficult

but most interesting phases of criminal investigation and detection. It is a

challenging battle of wit between the investigator and the suspect.

Goals of Interrogation

1. To find out the truth about the crime.

2. To obtain an admission or confession of guilt from the suspect.

3. To gain all facts in order to determine the method of operation or

modus operandi and the circumstances of the crime in question.

4. To collect information that guides investigators to arrive at a logical

conclusion.

What is the main purpose of interrogation? The main intention of

interrogation is to obtain confession or admission (Table 1) from the

suspect and to learn relevant information from uncooperative witness.

Table 1. Difference between Confession and Admission

Confession Admission

1. There is declaration of the 1. There is a statement of the

person (accused); person (accused).

2. The accused acknowledged 2. The person only agreed on

his guilt from the commission facts or circumstances of the

of a crime; crime.

3. Guilt is admitted, 3. There is no acceptance of guilt.

When the accused confessed to the commission of a crime but he

interposes self-defense or other exculpatory grounds, then his

acknowledgement is not a confession but admission.

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Kinds of Confession

1. Extra Judicial Confession. It is a confession that is made by the

suspect during custodial investigation or those confessions that are made

outside of the Court. However, Rules of Court stated that:

Extra judicial confession is 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. [73]

The reason for the above rule is to guard the accused against

conviction based upon false confession of guilt. It is possible that a person

might have confessed his guilt regarding an offense, which someone has

committed and when asked of his victim of the nature of the injuries

inflicted by him, it does not coincide with the identity or nature of the

injuries, received by the victim.

Types of Extra-Judicial Confession

a. Voluntary Extra-judicial Confession. The confession is voluntary

when the accused speaks of his free will and accord, without inducement

of any kind, with a full and complete knowledge of the nature and the

consequence of the confession. And when the speaking is so free from

influences affecting the will of the accused, at the time the confession was

made that it renders it admissible in evidence against him.

b. Involuntary Extra-judicial Confession. This confession obtained

through force, threat, intimidation, duress or anything influencing the

voluntary act of the confessor.

Note: Confessions obtained from the defendant by means of force

or intimidation/ violence is null and void, and cannot be used

against him/ her during trial (Doctrine of Poisonous Tree).

2. Judicial Confession. This confession is made by the accused in open

court. The plea of guilt maybe made during arraignment or any stage of

the proceedings where the accused changes his plea of not guilty to guilty.
This is conclusive upon the court and may be considered to be a mitigating

circumstance to criminal liability. A plea of guilty when formally entered

on arraignment is sufficient to sustain conviction of any offense, even a

capital one, without further proof Under the Rules of Court, it stated 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

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be contradicted unless previously shown to have been made through

palpable mistake. [74

In summary, interview and interrogation are both designed to

gather information from any person involved (victim, suspect, and

accused) or observed (witness the commission of crime. However,

technically they differ from each other (Table 2).

Table 2. Distinction between Interview and Interrogation: A Summary

Interview Interrogation

1. It is a simple questioning of 1. Questioning somebody closely,

a person who cooperates often in an aggressive manner.

with the investigator.

2. Witnesses voluntarily give 2. It involves skillful questioning of

their accounts about the hostile witness and suspects.

commission of a crime.

3. It is nonaccusatory. 3. It is accusatory

4. It is free flowing 4. It is structured.

5. Suspect speaks 95 % of the 5. Suspect speaks 5 % of the time.

time.

6. It could be done varied 6. Interrogator has “ home field"

locations. advantage

7. Writing is okay if 7. No writing until after suspect

consistent. confesses.

8. Miranda Warning may be legally

8. Miranda Warning is not required.

legally required. 9. It has no time limit.

9. It takes approximately 30 10. Interrogation applies to an

minutes. uncooperative or reluctant witness.

11. The purpose is to obtain admission

or confession. [75]

Techniques of Interrogation

1. Emotional Appeal. This is a technique where the investigator,

combining the skills of an actor and a psychologist, addresses the suspect

with an emotional appeal to confess. This is applicable to first time

offenders or those who are of the emotional type of characteristics

displayed by nervousness or emotional disturbances.

2. Sympathetic Approach. The investigator, in his preliminary or probing

questions must dig deep into the past troubles, plight and unfortunate

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events in the life of the suspect. An offer of help, kindness, friendliness,

may win his cooperation.

3. Friendliness. It refers to a friendly approach coupled with a posture of

sincerity; this may induce the suspect to confess.

4. Trick and Bluff Techniques. The kinds of tricks and bluffs are:

a. Pretense of Solid Evidence. The Investigator bluffs the suspect that

even if he will not confess, there is enough evidence to send him to

jail. If he will confess, the investigator will see to it that his prison

term will be within the range of probation.

b. Weakest Link. Among the suspects, there must be a careful selection

of who among them is the weakest link where the interrogation will

begin. By tricks and bluffs, this weakest link will be told that his

companions had already confessed.

e. Drama. The weakest link maybe used to fake pain and agony by

ordering him to shout, accompanied by banging a chair on the wall to

make it appear that a commotion is going on. The other suspects in

separate rooms must hear the drama before telling them that their

partner had confessed.

d. Feigning Contact with Family Members. The suspect could be

tricked that the prober had gone to the family members had supplied

facts against the suspect. The suspect's family will be dragged into the

investigation if the suspect will not confess.

e. Line Up. The complainant, witness or victim is requested to point

positively to the suspect in the police line-up but they are previously
coached about the identity of the suspect.

f. Reverse Line Up. The suspect is placed among other persons in a line

up and is identified by several complainants or witnesses who will

associate the suspect in other several crimes. This will cause the

suspect to become desperate and confess only to the case under

investigation, to avoid from being charged on false accusations

5. Stern Approach. The investigator displays a stern (demands immediate

response) personality towards the suspect by using the following methods:

These are questions needed to determine and fix the time, day, month and year when the crime
was committed.- when

It is a mode of investigation identifies and arrest suspects before crime will happen.-

It is also called as Tainted Evidence.-Doctrine of the Fruit of Poisonous Tree

A Latin maxim means ignorance of the law excuses no one from compliance therewith.?-
Ignorantia Legis Neminem Excusat

It is the act putting up the blame to other persons, not alone to the suspect.- PROJECTION

Latin term means Place of the crime (scene of the crime).?Locus Delicti

It is the power to hear, try and decide cases.?-

The investigator should be having keen observation and knows accurately describe everything.,
OBSERVATION AND DESCRIPTION

This is the ability of an investigator to last physically and mentally.? Endurance

It is the quantum of evidence required in criminal cases; the accused is entitled to an acquittal,
unless his guilty is shown beyond reasonable doubt.? Proof Beyond Reasonable Doubt

It means the law maybe harsh but it is the law.?Dura Lex Sed Lex

It refers to the ability of an individual to commit a crime.?

It means “The act done by me against my will is not my act”.

Refers to those who violated Philippine Criminal Laws and convicted by courts.-

Means “He who is the cause of the cause is the cause of the evil cause”. El Que Es Causa De La
Causa Es Causa Del Mal Causado

Bureau of Investigation renamed to National Bureau of Investigation by the virtue of what law?
RA 157

DILG act of 1990 or PNP act of 1991

RA 6975
This is a confession made by the accused made in an open court? Judicial Confession

It means caught in the actual act committing a crime. In Flagrante Delicto

An act committed or omitted in violation of the special penal laws forbidding or commanding it.
CRIME