REVIEWER MODULE

FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE

(CDI 121)

Prepared by: MARY GRACE P. FAJADA, RCRIM

:ELMAR DANI

PRELIM COVERAGE

WEEK-1

LESSON 1.1: “SOCIAL AND LEGAL CONTEXT

OF CRIME”

WHAT IS CRIME?
 Refers to any act considered as wrong or that violates the standard norm of the society.
 Refers to an act committed or omitted in violation of public law. ( Phil. Law Dictionary).
 It also refers to an act committed or omitted in violation of a public law forbidding and
commanding it (Reyes 2006).
WHAT IS ACT?

 Means that there must be an overt bodily movement.

WHAT IS OVERT?

 It can be seen or observed.

LEGAL VIEWPOINT OF CRIME;

 An act or omission punishable by law.

CRIMINOLOGICAL VIEWPOINT OF CRIME;

 Any act injurious to society

AN ACT IS A CRIME WHEN;

 The act committed is wrong such that the act performed injures or otherwise deprive
the individual of either their live (killing a person) or property (stealing something)
 The act violates the standard norm meaning the society itself considered the act as a
crime.
There are cases in which a country or its culture dictates whether or not an act is a crime, then
it suggests that the territorial rule or governance prevails primarily, and as such, the definition
of the term crime may vary in every place.
CRIME IN THE LEGAL FRAME WORK- is primarily based on the laws of the land.
LAW- defined as the system of rule embodied by different principles that bind the practice or
action concerning human conduct.
In Philippines, laws are made by those who are in authority as set and provided by the 1987
Philippine Constitution which is deemed as the highest and supreme law of the land. As a rule,
no law should be passed in contrary to the constitution.
In the eyes of the law, crime can be committed either;

 Through an act performed by the offender that is in contrary or violates the law.
 Through omission by which the offender fails to perform a certain action as required by
law.

1. Crime by omission
a. Delaying release (article 126, RPC)
b. Other cases of evasion of service of sentence (article 159, RPC)
c. Failure to make delivery of public funds or property (article 221, RPC)
d. Refusal of assistance (article 223, RPC)

Article 293 Revised Penal Code

Robbery- Any person who with intent to gain, shall take any personal property belonging to
another, by means of violence against or intimidation of any person or using force upon
anything.
Article 208 Revised Penal Code
Theft- It is committed by any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal property of another without
the latter’s consent.
Article 249 Revised Penal Code
Homicide- Any person who, not falling within the provisions of art. 246, shall kill another
without the attendance of any of the circumstances.
Article 248 Revised Penal Code
Murder- Any person who, not falling within the provisions of art. 246, shall kill another, shall be
guilty of murder and shall be punished by reclusion Perpetua to death.

QUALIFYING CIRCUMSTANCES of MURDER CASE;

 Treachery
 taking advantage of superior strength
 With the aid of armed person
 In consideration of a price/reward/promise
 By means of inundation/fire/poison/explosion
 On occasion of any calamities
 With cruelty
  With evident premeditation
NATURE OF CASE;
MURDER
* Heinous Crime
* Reclusion Perpetua (20 yrs. & 1 day to 40 yrs.)
* No Bail (when the evidence of guilt is strong)
HOMICIDE

 Not Heinous Crime

 12 yrs. & 1 day to 20 yrs.
 Bailable

WEEK-2

As crime refers legally and generally to an act or omission that violates the law.

Felony- These are crime that violate the Revised Penal Code (act. 3815)
(Examples; Robbery, theft, Murder, homicide, parricide, infanticide, kidnapping & Rape)
 Offense – These are acts which were defined as crime as a result of the special law
enacted by legislatures.
(Examples; RA 10175-CYBER CRIME LAW, RA 9262-VAWC, RA 7610-ANTI CHILD ABUSE
LAW)
 Misdemeanor (infraction of an ordinance) – These are minor violations or infractions
not tantamount to serious injuries or damages.
(Examples; curfew, loitering, vandalism, cigarettes in a prohibited places, etc.)
Who is the person who committed an act or omission punishable by law?
Criminal
Who is the person who committed an act or omission punishable by Revised Penal Code?
Felon
Who is the person who committed an act or omission punishable by Special Penal Laws?
Offender
Who is the person who committed an act or omission punishable by an ordinances?
Infractor/ Misdemeanant

“REVISED PENAL CODE AND SPECIAL PENAL CODE”

REVISED PENAL CODE- Defined those acts as crime, in which by nature are wrong or evil (mala
in se) as well as provide their nature, penalty, and elements. Some of these crime include
murder, homicide, theft, and robbery.
MALA IN SE

 Crimes which are inherently wrong or immoral

 Good faith or lack of criminal intent is a defense
 Modifying circumstances can be appreciated
 Punishable under the Revised Penal laws or Special Penal laws where the acts
punishable therein are wrong in nature.
SPECIAL LAWS- Are those that identify an acts as a crime (mala prohibita) as a result of
enactment of the laws as crafted by congress in the form of republic acts.
MALA PROHIBITA

 Crimes which not inherently wrong they are only wrong because they are prohibited by
laws.
 Good faith is not a defense.
 Modifying circumstances will not be appreciated.
 Mostly punishable under the special penal laws.
ACTS- Defined as these are crimes other than those enumerated under the Revised Penal Code.
OFFENDER- Refers to any person accused or otherwise charged of a crime either through an act
or omission.
INVESTIGATION- Refers to the systematic examination to crack and solve an allegation.
ALLEGATION- Refers to the contention that someone had committed a crime.

WEEK-3

LESSON 1.2: “CRIMINAL RESPONSIBILITY AND

INVESTIGATIVE POLICE POWER”

CRIMINAL RESPONSIBILITY- The obligation of a person for the charges as a result of his criminal
act.
CULTURE- In simple term refers to the characteristics of a certain group of people which
commonly include their ways of living, language, religion, social habit, beliefs, attitude, and
other traits.
CRIMINAL RESPONSIBILITY- It is also affected by some other factors such as age or the
soundness of the mind of the presumed criminal. Specifically, these are minor and lunatics.

 The term minor, child or children refers to someone who is not yet in their puberty
stage.
PUBERTY- It is the stage wherein the child is already capable of reproduction.

 Legally, child is defined as any person below the age of 18 years (paragraph 5, sec. 4, RA
9344 as amended)
 While children is legally defined as refers to persons under eighteen (18) years of age or
those over, but are unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition (paragraph 1, sec. 3, RA7610).
  Lunatics are those individuals whose mind are in the state of sickness or ill. These are
those individuals who cannot decide on their own and cannot take good care of
themselves even if they are already above the age of emancipation.
 Age of emancipation simply means as the life stage of the individual whereby parental
authority over him ceases. In the Philippines, the age of emancipation is 18 years of age.
REPUBLIC ACT 9344- As amended provides that child/children who is/are 15 years old and
below during the commission of the crime shall automatically exempt the child from criminal
responsibility. Hence, the latter cannot be prosecuted.

“INVESTIGATIVE POLICE POWER”

LAW ENFORCEMENT AGENCIES- Primarily the Philippine National Police as the primary police
force in the country are vested with the power to effect investigation of cases as a result of
crime commission.
POLICE POWER- necessary as it is one of the regulatory means of the government to control,
maintain, and ensure that the conduct of its people is within the bounds of the law.
INVESTIGATIVE POLICE POWER- defined as the capacity of the police to initiate investigation of
cases which violates the law.

 It is mandatory obligation of the police to conduct an investigation as it is one of their

primary functions.
PRESUMPTION OF INNOCENCE- Based on the principle that every person subjected to a
criminal case is deemed considered innocent unless proven to be guilty beyond reasonable
doubt.
BEYOND REASONABLE DOUBT- it is a principle which states that a person is guilty based on
moral certainty.
MORAL CERTAINTY- a sense that a person is proven guilty based on how the court appreciated
the evidence presented during trial which produces a conviction.
CONVICTION- it is a judgement rendered by the trial court that the accused person is guilty of
the crime charged against him.

“SUBSTANTIVE and PROCEDURAL CRIMINAL INVESTIGATION”

SUBSTANTIVE CRIMINAL INVESTIGATION- refers to the knowledge, nature and implication of

the different crimes that investigator should know and possess. It must be noted that the
elements of every crime should be considered as they will guide investigators regarding the
proper charge that should be brought before the prosecution office.
PROCEDURAL CRIMINAL INVESTIGATION- Refers to the knowledge regarding the rules on how
pieces of physical evidence should be processed in order to maintain its integrity during the
presentation and be given credit by the trial court.
PHYSICAL EVIDENCE- refers to any material or substance which is found in the crime scene and
has a logical connection to the offense charged and which aids the investigator in solving the
case.
MAC RULE- Do not Mutilate, Alter, Contaminate
CRIME SCENE- it is simply the area where the crime took place and where all pieces of physical
evidence were gathered and collected.

WEEK-4

LESSON 1.3: “ADMISSIBILITY OF EVIDENCE”

EVIDENCE

 In any crime incident dictates the outcome of the case as a result of criminal
investigation as these are the primary source that will serve as the bases in prosecuting
the person who will be held for trial.
 It also plays a vital role in the determination of guilt or innocence of the accused who is
referred to as the person brought before the court of law for trial. In the process of its
collection, those gathered properly will be admitted during court presentation while
rejecting those that are not.
In the Philippines, the Revised Rules of Court provides for the requirement as to how individual
evidence will be admitted such that;
1. EVIDENCE MUST BE RELEVANT- evidence is relevant to the matter under investigation if
it has a logical connection to the fact in issue brought before the court (gun is a relevant
evidence in shooting incident)
2. EVIDENCE MUST BE COMPETENT – evidence is competent when it does not violate any
procedural requirement during the gathering or collection of such evidence or that it is
not excluded by the laws. (Shabu seized with a warrant is a competent evidence)
Under the law, there are Three General Classifications of Evidence that investigator must
remember such as;
1. OBJECT EVIDENCE- an evidence which by its nature can be brought before the court as
these are the actual materials that are recovered from the crime scene. These are also
evidence which directly addresses to the senses of the court.
2. TESTIMONIAL EVIDENCE- an evidence offered in the form of testimony either by an
eyewitness in the commission of the crime or those who have knowledge regarding its
commission.
3. DOCUMENTARY EVIDENCE- these are evidences in a document form which includes
some electronic evidence such as text messages, chat messages, electronic mail and
some other evidence which are printable.

OTHER CLASSES OF EVIDENCE ARE AS FOLLOWS;

1. DIRECT EVIDENCE vs. CIRCUMSTANTIAL EVIDENCE

A. DIRECT EVIDENCE – evidence which directly proves the case under investigation.
B. CIRCUMSTANTIAL EVIDENCE- these are combinations of different events which if
combined may produce a conviction. Otherwise known as INDIRECT EVIDENCE.
2. CORROBORATIVE vs. CUMULATIVE EVIDENCE

A. CORROBORATIVE EVIDENCE- these are evidences which have a different character

from the one previously offered.
 B. CUMULATIVE EVIDENCE- these are evidences which have a similar nature and
character to the one previously offered.

3. POSITIVE vs. NEGATIVE EVIDENCES

A. POSITIVE EVIDENCE- an evidence offered by a witness in which he clearly manifest

that an event or scenario exist or did not exist.
B. NEGATIVE EVIDENCE- an evidence offered by a witness in which he is not a certain
as to whether an event or scenario exist or did not exist.

4. PRIMA FACIE vs. REBUTTAL EVIDENCE

A. PRIMA FACIE EVIDENCE- An evidence offered which may produce a conviction if no

rebuttal evidence can be shown.
B. REBUTTAL EVIDENCE- an evidence offered to contradict an evidence previously
offered.

WEEK-6

LESSON 2.1: CRIMINAL INVESTIGATION

AND ITS PHASES

CRIMINAL INVESTIGATION- Defined as art and science oriented toward identifying

perpetrators, launching operations to locate his/her whereabouts and gathering of
evidence to prove their guilt during criminal proceeding.
CRIMINAL INVESTIGATION- it is deemed considered as an art since it involves the
personal qualities of the investigator as to how he will utilize different techniques and
devise his own investigative skills in order to apprehend the perpetrator.

SCIENCE- in a sense that criminal investigation follows a logical procedure, methods or

process in order to arrive at a certain conclusion as to how the crime was committed as
well as to how he will provide evidence to prove the guilt of the perpetrator during
criminal proceeding.

PERPETRATOR- refers to the person suspected to have committed an act which is

defined by law as crime and whose identify was unknown to the police.

STAGES OF CRIMINAL INVESTIGATION:

1. IDENTIFY PERPETRATORS- it is important in the first part of investigation to

recognize as to who is the perpetrator of the crime. It is mainly established as this
will guide investigators as to who committed the crime.
2. LOCATE HIS/THEIR WHEREABOUTS- after identifying perpetrator, the next step is to
trace his whereabouts, which includes but is not limited to his place of residence,
workplace, and hangout.
3. PROVIDE EVIDENCCE NEEDED FOR HIS CONVICTION- to successfully produce a
conviction, investigators must remember the rules in handling evidence so as to
 maintain its integrity starting from the crime scene up until during court
presentation.

Lesson 2.2: Role and Qualities of an Investigator

Lesson Objectives:

1. enumerate the qualities of an effective investigator and

2. identify the investigative quality of an investigator

The initiation of the investigative process primarily relies with the question "Is the act performed
constitutes a crime as defined by law" or "Is the law being violated"? If the answer is yes, then
investigators must exhaust all means to uncover the facts surrounding the commission of the crime. If
investigators find that a crime was not committed or the act performed is not tantamount to a crime,
then obviously they should not interfere with the matter.

Meanwhile, investigators play an important role in the success of criminal investigation. As they are
the primary individual who gathers and collects relevant information concerning the crime and later on
give testimonial evidence in court. As such, they should possess the following qualities to become an
effective investigator:

1. Good communication - this refers to the capability of the investigator to interact both in written
and oral. This means that they can do effective interview either to the witness or suspect as well as be
able to write a written report when required to do so. Effective interview means a fruitful interaction
between the investigator and the people as he gathers information without language problem.

2. Active listener - this refers to the ability of the investigator to attentively hear the testimony given
by a witness and be able to identify hearsay statements or false statements. Hearsay are those
statements made by the person who does not witness the actual commission of the crime while false
statements are those statements which are purely fictitious and are invented only by the witness.

3. Critical thinking - this refers to the analytical skills of the investigator while he formulates judgment
based on the testimonies given by witnesses and evidences gathered in the course of investigation.

4. Work under pressure - this refers to the capacity of the investigator to go through the investigation
process despite of obstacles and hindrances that he may encounter such as but not limited to lack of
resources, inadequate investigative leads and clues and others. Investigative leads refer to the
information gathered from people specially those who are within the immediate area where the crime
took place while clues refer to the pieces of signs and traces which helps in identifying perpetrators.

5. Innovativeness - this refers to the flexibility and resourcefulness of the investigator in trying to
uncover the identity and location of the perpetrator. This includes finding all possible ideas that he may
take in the course of investigation.
6. Integrity - this refers to the honor and honesty of the investigator in solving the case and avoid
unethical issues that will discredit his image.

7. knowledge about rules on evidence - this refers to the knowledge of the investigator about
evidence handling which includes but not limited to preservation, marking, tagging, packaging, and the
requirements as to how such evidence will be admitted in court during presentation

Moreover, these qualities should not be possessed only by an investigator but rather should be
enhanced in response to the changing society. This could be possible through different seminars and
training in line with an effective investigation.

Seminars are more in line with discussions or meetings while trainings are more inclined with actual or
practical exercises and demonstrations.

Lesson 2.3: Approaches and Tools in Criminal

Investigation
Lesson Objectives:
1. discuss the relevance of approaches in investigation and

2. portray the tools in investigation.

The manner how investigator starts leaming facts about the crime is significant in leading him as to the
motive of the perpetrator base on the arrangement of physical evidence in the crime at the time they
were seen for collection, Motive is the moving power and cause that induces an individual to perform
an act which is defined as a crime. This manner how investigator starts learning facts about the crime is
referred as the approach in investigation.

Criminal investigation can be based on the following approaches considering the type of crime and the
manner how it was collected such that:

1. Inductive approach - this approach in investigation follows a sequence from specific to Induite
general such that investigators will look first at the pieces of evidence before concluding as to what
crime is committed.

2. Deductive approach - this approach in the investigation is contrary to the former as this starts from
general to specific such that investigators will first start looking at the body of the crime (corpus delicti)
before proceeding with the individual evidence as to how the crime was committed.

For better understanding, corpus delicti refers to the body of the crime or the fact that the crime was
committed. The following example illustrates the corpus delicti of the crime:

1. Dead body in case of murder or homicide case;

2. The stolen property in theft or robbery case, or

3 The deprivation of liberty of any person in case of kidnapping and serious illegal detention

To aid those approaches, investigators must remember the tools in criminal investication which includes
the following:

1. Information - refers to the data needed in the course of investigation. This will allow investigators to
gather facts needed to solve the case as this is considered as the lifeblood

and essence of investigation.

[Link] and interrogation - both are similar in terms of their purpose-to acquire information.
However, they differ in the manner as to how they gather and collect information such that interview is
done in a simple of questioning and mostly interrogation manner of done among complainant, victims,
or witness. Interrogation on theother hand is intrusive or antagonistic in its approach as it questions
commonly suspects, accused or hostile witness.

3. Instrumentation - refers to the process of employing scientific instruments in crime detection such
as but not limited to bullet comparison microscope, fingerprint comparator, polygraphnmachine and the
like.

In addition, tools in investigation refer to the data or methodology used or employed from the
beginning up to the ending phase of the investigative processes.

Lesson 2.4: Cardinal Points and Methods of

Identification
Lesson Objectives:

1. enumerate the cardinal points in investigation,

2. discuss the importance of chain of custody; and

3. apply the methods of identification.

A series of questions and procedures should be set in order to produce a fruitful result. In the conduct of
investigation, the investigator must note the cardinal points in criminal investigation that address the
following questions:

5W1H
1. What act was performed in which the law defines it as crime?

2. Who committed the act in which the law defines it as crime?

3. Where did this act, as defined by law as a crime, happen?

4. When did this act, as defined by law as a crime, happen?

5. Why was this act, as defined by law as a crime, performed?

6. How did this act, as defined by law as a crime, happened?

Moreover, investigative process is defined as the procedure taken by the investigator which
commence from the time the crime was reported up until it was brought before the court for the trial of
person accused to have violated the law and for proper sanction and disposition of the case. Along with
the investigative process, the investigator must establish that a crime has been committed and the
person suspected should be held for trial. In the process of establishing that a crime was deemed
committed, the following should be noted such that:

1. Investigator must prove that the accused is guilty;

2. Investigator must ensure that the accused was identified by competent witness

3. Investigator must confirm that whatever evidence found in the crime scene pinpoints to the same
accused or group of accused people;

4. Investigator must note that evidences recovered in the crime scene are the same evidences that will
be presented in court, and

5. Investigator must remember that conviction will depend as to how he will establish the

elements of the crime alleged.

However, what happens if investigator fails to accomplish all those enumerated?

There is now a greater tendency that the case will be dismissed. In the eyes of the law, the case is
deemed dismiss if there are some technical errors committed which includes but not limited to
tampered evidence, break in the chain of custody, or the prosecution had not established the guilt of
the accused beyond reasonable doubt and other.

Tampered evidence refers to those evidence questionable in its existence or production.

Chain of custody on the other hand refers to the transfer of evidence from one person who holds
supervision or care of such us evidence to another from the time it was gathered at the crime scene up
to the time it will be presented in court.

METHOD OF IDENTIFICATION

Successful criminal investigation is impossible without first establishing the identity of the
perpetrator. Hence, all efforts are futile if perpetrator cannot be brought for prosecution and petrator
cannot be brought for prosecution and the feeling of injustice on the part of the victim is inevitable.
Method of identification refers to the ways and means employed to uncover the personality of the
person who may have committed an act in which under the existing law is regarded as a crime.

Moreover, the identity of the person suspected to have committed a crime can be established mainly
through the following:

1. Identification by witness - the identity of the perpetrator is established through an eye -

witness or person who have seen the perpetrator in the actual commission of the crime or his presence
was seen in the crime scene or immediate area/s where the crime took place.

2. Identification through Physical Evidence – the identity of the perpetrator is established through
collection of physical evidence that has a logical connection to the case which could either be associative
or tracing evidence. This two differ such that:

a. Associative evidence - these are those materialls owned and can be linked to the

perpetrator which by some instance was left at the crime scene.

b. Tracing evidence - these are those material/s taken by the perpetrator at the

scene and most commonly found in theft or robbery cases.

3. Identification through Forensic Science - this method is done through the aid of the expertise of
different forensic services such as DNA, fingerprint, Odontology and the like.

Lesson 2.5: Technical and Legal Aspect of Witness

Lesson Objectives:

1. enumerate the different types of witness;

2. differentiate technical and legal classification of witness; and

3. elaborate the exemption to hearsay rule.

The term witness" is used both in technical and legal perspective. Technically, witness is defined as any
person who have seen or knowledge regarding the commission of the crime. This could be further
classified as:

1. Prosecution witness-refers to any person brought before trial to offer testimony in favor for the
prosecution and is used to add incriminatory evidence to the accused.
2. Defense witness - refers to any person who is brought before trial to strengthen the alibi of the
defense and to disprove the charge of the prosecution.

3. Character witness - refers to any person who offers a testimony in line with the character
reputation of some other person which will then serve at some point as to whether or not the testimony
of that person will be given credit or not.

4. Eyewitness - refers to any person who has seen the actual commission of the crime either whole or
only part of its commission.

5. Child witness - refers to young individual who offers a testimony concerning a crime.

6. Dumb witness - these are those witnesses who by reason of some mental faculty are

unable to provide an accurate detail regarding the crime which is typically common among uneducated
individual.

7. Honest witness - these are those witnesses who cooperate and avoid exaggeration or

falsehood in providing testimonies concerning the crime.

8. Fearful witness - these are those persons who are afraid of being involved in the prosecution of the
accused or simply shy to face the open court.

9. Egocentric witness - refers to a witness who is prone to exaggeration of the things he had observed
and may attempt to add facts which are not part of the real scenario.

10. Hostile witness - these are those witnesses who are uncooperative and do not wish to

provide information necessary for the prosecution of the case.

11. Suspicious witness - are individual witnesses who are doubtful about the true intention of the
investigators or the police as a whole.

In legal perspective, the law and the Revised Rules of Court define and qualify a witness as an person
who can perceive, capable of perceiving, and can make known his perception to others" can be a
witness.

Under the Revised Rules of Court, the law further classify witness as either:

1. Ordinary witness - these are those witness who may be allowed to testify regarding the following:

a. About the identity of the person whom he had knowledge;

b. Handwriting of the person of which he had familiarity; and

C. Mental sanity of the person whom he had acquainted.

2. Expert witness - are those witness who by reason of their knowledge, skills training or experience
may be allowed by the court to give their opinion.

Lesson 3.1: Procedures in Criminal Investigation

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

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

Police station refers to the office of local police that has a jurisdiction within the area and exercises
control over the community and persons movement by enforcing the laws necessary for the
maintenance of peace and order. The same is responsible in providing immediate response to the
community as the need arises.

Also, crime incident differs from crime scene such that

Illustration: A committed murder (Crime Incident) in the house (Crime Scene) of B.

In the process of investigation, crime scene must be preserved as it contains the essential ingredients
surrounding the commission of the crime. On the other hand, crime incident must be established as it
will guide investigators in filing the proper charge.

In what way are police officers be notified in the event that a crime happened?

In the event that a crime happens, it reaches the attention of the police through:

1. a concerned citizen who witnessed the crime incident;

2. discovery Those who are in patrol

3. the action itself of the police officer in patrol.

Those who are In patrol are commonly regarded as first responder as they are those who employed in
the community with the end purpose crime prevention. As part of their duties, first responder must do
the following:

1. Proceed to crime scene and validate information regarding the crime incident.

2. Record all relevant facts and the time of arrival at the crime scene;

3. Cordon the area, meaning isolate the place so that unauthorized person cannot enter the scene or
the suspect cannot destroy the evidence.

4. Identify possible witness and do the preliminary interview if feasible;

5. Arrest suspect's if they are around or recommend for the conduct of dragnet operation which
pertains to an operation conducted to seal off possible exits of the suspect's;

6. Be ready to take dying declaration of injured person. A dy_ing declaration is a statement made by a
person who is under the impending death in which such declaration is related to the facts in which the
person is competent to testify;

7. Evacuate wounded person and/or account killed, wounded or arrested person;

8. Conduct initial investigation and briefing of investigator case (IOC) upon his arrival at the scene; and

9. Conduct initial inventory of all possible evidence at the crime scene which must be signed by him, the
SOCO, and by the investigator.

After such procedure, the investigating team will take full control of the crime scene which includes the
conduct of crime scene search, generating sketches as well as the taking of photograph, lifting of
fingerprints, marking and tagging as well as the collection of physical evidence and the like.
Investigating team refers to the group of police personnel charged with the investigation and
processing of the crime scene which includes but not limited to the search, collection, marking, tagging,
preservation, and transfer of evidence.

Further, investigating team is composed of the following:

1. The team leader;

2. Investigator;

3. Photographer.
4. Evidence custodian; and

5. Artist.

Upon the takeover of the investigating team, they ensure that the investigative procedures are followed
such as:

1. Record the date and time of arrival as well as all other important details in the crime scene;

2. Photograph and video of the crime scene;

3. Arrest of suspects if their identity is apparent; and

4. Separate possible witness to get their individual accounts.

Further, whatever the situation in the crime scene might be, it must be noted that the paramount
concern of the investigating team should be the preservation of human life. Investigator or any of the
investigating team must be aware to know what task should be given priority in the conduct of
investigation.

Lesson 3.2: Crime Scene Processing

It is true that the investigating team must give priority to the human life, nevertheless, they must
exhaust whatever means to secure and preserve the crime scene for it contains all the necessary
ingredients for the prosecution of the case. As such, they must reconsider the necessary steps in order
to collect all available evidence and maintain the integrity of the crime scene by remembering "MAC"
rule which simply stand for:

1. Mutilate — meaning do not remove anything from the crime scene;

2. Alter— do not change anything in the crime scene; and

3. Contaminate — do not add anything to the crime scene.

Also, the investigating team must remember that nothing should be touched, altered or
removed unless everything is photographed, noted, measured, and indicated in the sketch as
these are the golden rule in the processing of crime scene. They should also take into
consideration those transient evidence or fragile evidence. Transient evidence are those evidence
which when not collected at appropriate time may diminish or loss its value such as urine, blood, semen,
etc. on the other hand, fragile evidence are those evidence which may be broken if collected
inattentively.

Methods of Search

Crime is unique with respect to one another which means that the search for an individual object
should be based on the physical characteristics of the scene in order to collect all possible evidences
present in the area. Therefore, investigating team should be careful inselecting the best method of
search that will correspond to the present crime scene.

Further, Method of Search is defined as the systematic procedure employed by the investigating team
in order to recognize, collect, and preserve the evidence or any object/s found in the crime scene that
has a logical connection to the case.

In the conduct of crime scene search, the following methods may be employed based on the physical
characteristics of the place such as strip method, double strip method, spiral search method zone search
method and wheel search method.

1. Strip method is done through following a straight path in an area. Upon reaching the end, the
searcher turns and follows again a straight path but parallel to the first path he takes. This process
continues until the search of the entire area is done.

2. Double strip method is almost similar with strip method. As the term suggests, "double", meaning
after the entire area is done searching using strip method, the searcher will again start another process
but this time at the other side at right angles from where you started. See figure 2.

3. Spiral method is done when the area to be searched is circular in nature. The searcher may start
either from the center or outside although commonly searcher usually starts from the outside following
a circular shape until they finish searching the entire area.

4. Wheel method is also applicable in circular areas similar to the spiral method. However, the
searcher starts in the center and is best applied when there are plenty of searchers. From the center,
they follow a straight path toward outside unlike in radial that they follow a circular pattern.
 5. Zone method is best applicable in crime scene covering a wider range. In this method, the crime
scene is divided into four quadrants and the searcher may select what type of search should be done in
each quadrant. It could either be strip, double strip, radial, wheel or zone method. See

MARKING, TAGGING and COLLECTION OF EVIDENCE

After the search of an evidence, collection follows. However, any object/s found must be properly
marked, tagged, photographed, measured, and indicated in the sketch before its actual collection.
Marking of evidence refers to the process of identifying and recognizing any objects in the crime
scene by way of placing the letter symbol or number. Tagging of evidence is the process of labelling
the physical evidence by way of placing the appropriate evidence tag containing the description of the
item, the date and the initial of the collecting officer. Collection of evidence refers to the actual
gathering and lifting of evidence from the crime scene to the custody of the appropriate office.

PHOTOGRAPHING THE CRIME SCENE

In processing the crime scene, investigating team must consider the proper taking of photographs and
the making of sketch. Photographs should depict the actual scenario of the crime scene and portray the
proper placement of the individual evidence. Moreover, all individual evidences must be shown in the
sketch with precise measurement. All these procedures must be written in the investigator's notebook.
An investigator's notebook refers to the pad of paper such as work pad, tickler, or notepad and the
like which is used to remember the details regarding the commission of the crime and in any manner
aids the investigator in refreshing his memory to recall matters related to the case under investigation.

In taking of photograph, investigating team must consider the following angle/views to properly
appreciate the crime scene such as:

1. General View - these are taken outside of the crime scene purposely to show location, direction, and
the place of crime incident;

2. Medium View - these shots are taken to show the different divisions of the crime scene as this view
will allow investigators to clearly see the nature of the crime committed;

3. Close-up View - these shots are done to individual evidence to show what constitutes the crime and
how it was committed.

Further, gradual shots of an individual evidence may be taken from a standard position in order to
show the relationship of one evidence to another or how individual evidence is close or far from one
another. Technically, this is referred to as progressive photography which include shots taken in long
range, midrange, and/or close range distance.

The following guidelines also in line with taking photographs must be noted by the investigating team
such as:
1. Take overall photos of the scene which include street signs, areas, streetlights location near the crime
scene, and any identifying objects;

2. Pictures of every room must be taken though they are not apparently connected to the crime scene;

3. Photograph must be taken from at least 2 opposite corners but 4 corners is better;

4. and If possible, take photos from above or ceiling to avoid the possibility of missing any evidence;

5. Keep a photo log during crime scene processing.

1. Title - this includes the basic information regarding the case such as the nature of the crime, the time
and date of crime incident, and the location of the crime.

2. Measurement - this pertains to the dimension and the distance of the relative object to one
another.

3. Essential items - these refers to the pieces of physical evidence found at the crime scene.

4. Legend - this refers to the use of words or numbers to represent an item in the crime scene.

5. Compass direction - refers to the north direction from when the sketch was drawn.

6. Scale of proportion - is the representation of the sketch to the actual size of the scene.

In addition, the artist must also prepare a rough sketch and finished sketch. Rough sketch is drawn by
the artist at the crime scene containing all the necessary details regarding the crime. Finished sketch on
the other hand is drawn by the artist for court presentation and is commonly done in the office.
Remember to keep the rough sketch even after the preparation of the finished sketch.

Sketcher must take note also the type of sketch that should be drawn such as:

1. Floor plan or birds eye view - a type of sketch drawn from above;

2. Elevation sketch - a type of sketch drawn to show the given side of an area;

3. Exploded view sketch - a type of sketch drawn to show the relationship or order of the whole parts;
and
4. Cross-projection sketch - a type of sketch wherein the ceiling and/or walls are flattened all out in
the ground. In drawing a crime scene, floor plan or birds eye view sketch is commonly used. However, in
cases where some evidence was placed in the walls or ceiling (example: Dress was thrown and hang on
the ceiling fan) cross-projection sketch is better.

Additional guidelines on drawing the sketch includes the following:

1. Indicate the nature of the crime and the place of incident as well as the name of the person who
prepare and drew it. For better understanding, use of capital letters and numbers are highly suggested
such that;

a. Capital letters - for basic parts or accessories of the place

b. Numbers - for individual evidence

2. Indicate the position, location, and how objects relate to one another;

3. Use standard symbol while sketching;

4. Use arrow to show the direction and stairways; and

5. Be consistent with the units of measurement such as centimeter, inches, yard, meters, feet, etc. To
aid the investigators in measuring individual evidence with respect to any other object/s in the crime
scene, the following methods should be considered and must be used based on the physical
characteristics of the crime scene:

[Link] method - find fix post at a right angle to serve as the base;

2 Triangulation method - find two fix points to the evidence that must be plotted or located.

Evaluation, Preservation, and Releasing of Evidence

Evaluation of evidence refers to the process of assessing the significance of individual evidence that
should be subjected for further examination such as transmittal of firearm to crime laboratory for
ballistics examination or transmittal of electronic devices such as cellphones or laptops to Anti-
Cybercrime Group (ACG) for digital examination.
Preservation of evidence refers to the measures employed in order to maintain, protect, and
safeguard the original state of physical evidence from the time it was collected up until the time that it
will be released to appropriate personnel. It must be noted that it is the primary responsibility of the
investigator to preserve the evidence until it will be transferred to the hands of the evidence custodian.
Take note that evidence custodian is the person who take charge with the responsibility and control in
handling and disposal of evidence.

Releasing of evidence on the other hand refers to the discharge of individual evidence upon the order
of the court and/or prosecutor.

Chain of Custody and Transmittal to Crime Laboratory

Chain of custody in every crime investigation should be maintained at all cost as any inconsistencies in
the handling of evidence may result to the incompetency of the same resulting to its inadmissibility
during court presentation. Chain of custody again is defined as the transfer of evidence from one
person who holds supervision or care of such evidence to another person from the time it was gathered
at the crime scene up to the time it will be presented in court. It includes the list of all personnel who
handled the evidence from collection until court presentation.

As part of the procedure, all physical and/or seized evidences must be in the custody of the investigator
unless a laboratory examination is needed, thereby he will transmit the evidence to the evidence
custodian only and must be placed in the evidence room for safekeeping. Safekeeping simply refers to
the security or protection of physical evidence.

In addition, the following should be noted in adherence to the standard procedures in maintaining the
chain of custody such as:

1. Proper recording of areas or location from which evidence was gathered;

2. Proper marking of evidence for accurate identification; and

3. Completing the evidence submission form for laboratory analysis. For proper documentation, an
evidence log should be maintained. Evidence log is any material upon which the writing or note taking
is done to keep and maintain the record and disposal of evidence. This will guide investigators as to who
are the persons who handle and possess whatever physical evidence are transmitted.

Release of the Crime Scene

Release of the crime scene is defined as the discharge of the crime scene from the custody of
authorized law enforcement officer to the lawful occupant, owner, or any person who is charged with
the responsibility and management of the place where the crime happened.

In releasing the crime scene, the following should be observed:

1. All physical evidence must be properly marked, tagged, and labelled;

2. Ensure that proper inventory of all items is done;

3. Error should not be entertained as there is only one chance to process the crime scene; and

4. Release the crime scene only after final survey and proper documentation. Final survey refers to the
action taken by the investigating team to ensure that all items have been gathered which includes the
proper documentation of all circumstances under which the physical evidence was collected.

Lesson 3.3: Reconstructing the Crime

Lesson Objectives:

1. discuss the purpose of reconstructing the crime;

2. explain how perpetrators commit crime; and

3. discuss the ways of establishing the identity of the suspect.

Crime scene reconstruction is one of the most difficult and tiring job of investigators as this involves
the process as to how perpetrator commits the crime. Crime scene reconstruction is defined as the
scientific ability of investigators to make useful observations of physical evidence in the crime scene
through a logical approach in theorizing as to how the crime was committed. This also involves
systematic methodology in incorporating all available information gathered as well as the arrangement
of physical evidence in the crime scene to provide a rational, reasonable, and acceptable explanation as
to how the crime was committed.

Lesson 3.3.1: Reconstruction

To properly reconstruct the crime, the following stages should be observed to arrive at a more
convincing explanation as to how the crime was committed:

1. Appreciation — is the process of recognizing the potential physical evidence ,fthat has or may have
evidential value and separate it from those items which are not sign' icant in the progress of the
investigation;

2. Comparison — is the process of comparing groups of standards from the one collected at the crime
scene to establish its identity;

3. Individualization — this involves the process of establishing the uniqueness of the physical evidence
taken from the crime scene: and y

4. Reconstruction — is the final stage undertaken in order to fully reconstruct the considering all
related factors such as crime scene evaluation, laboratory results, individuality ces to provide d.s
different from crime scene lit of physical evidence and other independent information from various sour
better understanding and explanation as to how the crime was committed.

It must also be noted however, that crime scene reconstruction i reenactment and crime scene
recreation such that, crime scene reenactment is the process of reenacting and portraying the crime
incident based on their previous knowledge regarding the event by having the offender, victim or
witness to play such role while crime scen necessary items or actions at the crime scene through the use
of what is documented or with the aid of Investigators log.

Lesson 4.1: Arrest

The conduct of investigation is nothing without arresting the perpetrator of the crime. Arrest
referred to as the taking of person suspected to have committed an act to which the law
defines it as a crime into the custody of any law enforcement agencies who has the authority to
do so in order to answer queries in line with matters concerning the commission of the crime.
Legally, the Rules of Court (Section I, Rule 113) define arrest as the taking of person into the
custody of law in order that he may bound to answer for the commission of offense.

Warrant of Arrest
In the course of investigation, if the identity of the person suspected to have committed a crime
was already established and the evidence of guilt pointing him/her as the perpetrator of the
crime is strong then investigators should secure a warrant in order to arrest the person.

Warrant of Arrest is defined as a document from court ordering and directing any
law enforcer to apprehend and detain any person whose name will appear in the warrant for
him to answer matters regarding the commission of a crime. Any person suspected to have
committed a crime can only be lawfully arrested after securing a warrant.
However, a person can also be lawfully arrested by virtue of warrantless arrest.
Warrantless arrest is defined as the arrest made by any law enforcer without the benefit of
a warrant. Arrest without a warrant is possible provided that either of the following
circumstance is present:

1. That the person to be arrested is about to commit, actually committing, or have just
committed an act to which the law defines it as a crime in the presence of the person who will
make the arrest (In Flagrante Delicto);

2. That the person to be arrested have committed an act to which the law defines it as a crime
and the person making the arrest have probable cause that the same person is probably guilty
of a crime. Probable cause simply means as a reasonable bases to establish a well-founded
belief that the person may have committed an act to which the law defines it as a crime (Hot
Pursuit); and
3. That the person to be arrested is one who escaped from penal confinement (Escapee).
Furthermore, inquest proceeding will be done if the person was arrested without the benefit of
the warrant. This is conducted to ensure that the arrest made is legal and in accordance with
the law. Inquest is defined as the informal and summary investigation conducted by public
Prosecutor in a criminal case.

56 | FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE

Rules in Making Arrest

In making arrest, the Rules of Court provides the following guidelines such that:
1. It should be made by an actual restraint of a person to be arrested or,
2. By submission of the person to be arrested to the custody of any person making the arrest.
It must be noted that in the event of arresting the suspect allegedly to have committed a crime,
the person making the arrest should observe:
1. not to use any unnecessary force and
2. use only the force necessary to arrest the person.
Any form of violence is not allowed also, since it may cause the physical evidence to be
incompetent and therefore, inadmissible as evidence during court presentation.

Execution of Warrant
After a warrant has been issued by the honorable court, any law enforcer directed to cause its
execution shall exhaust all the remedies to arrest the person whose name appears in the
warrant Execution of a warrant simply means as carrying out the duty to find the person
whose name was written in the warrant and cause his arrest and detention.
In executing the warrant, the following should be observed:
1. A warrant can be executed either during the day or night;
2. The person making the arrest shall inform the person to be arrested that a warrant has been
issued for his arrest; and
3. It must be executed within 10 days from the moment it was received;
Chapter 4 Warrantless Arrest and Detention page 57

Lesson 4.2: Custodial Investigation and Detention

Lesson Objectives:
1. enumerate the rights of the person under custodial investigation and 2. discuss the effects if
these rights are violated.
Any person arrested and brought before the custody of the law is presumed innocent until
proven to be guilty. Thus, a person has the same right as any ordinary individual in order to
protect the interest of an ordinary individual as well as prevent any abuses from law enforcers.
These rights must be observed as any violations may result to the dismissal of the case.
These rights provided by the state was originally founded in the case of Ernesto Miranda vs. the
State of Arizona such that the Court dropped his conviction for kidnapping and rape for failure
of police officers conducting the investigation to inform and recite his legal rights prior to
confession during custodial investigation.
In Philippines, the right of the person arrested is originally defined under the Bill of Rights of the
1987 Philippine Constitution (Section 12, Article III) such that any person lawfully arrested and
under investigation for the commission of a crime shall have the following rights:
1. Right to remain silent;
2. Right to have independent and competent counsel, preferably of his own choice; and 3. Right
to know the nature and the cause of accusation against the person accused.
In addition to the above rights, the state enacted the statutory law Republic Act 7438 which
provides further the process of obtaining a confession to any person detained or under
custodial such that:
1. The person detained or under custodial investigation shall be assisted by a counsel at all
times;
2. The recital of his rights shall be in the dialect known and understood by the person detained
or under custodial investigation; and
3. The custodial investigation report shall be reduced into writing by the investigating officer
and must explained to him by his counsel before it will be signed by the same.
In like manner, any extrajudicial confession made by the person arrested or detained shall be in
writing and signed in the presence of his counsel. Take note, extra judicial confession is a
confession made by an arrested or detained person while under the custody of law and is
done outside the court.

Moreover, custodial investigation is the issuance of an invitation to the person suspected

to have committed a crime who at the same time is brought before the custody of law in order
to answer matters regarding the commission of a crime without jeopardy to the liability of the
person for any violations he may commit. On the other hand, custodial investigation report is
the document prepared by the investigating officer during the investigation process containing
all necessary information about the confession of the person brought before the custody of
law.
Chapter 4 Warrantless Arrest and Detention //59
Arbitrary Detention
Arbitrary detention (Title II, Book 2, Act 3815) is a crime against the fundamental law
of the state, committed by any public officer or employee in any of the following:
1. Detention of any person without legal grounds (Article 124);
2. Delay in the delivery of detained person to the proper judicial authority (Article 125); and
3. Delaying Release (Article 126).

In relation to arrest, any person arrested without the benefit of a warrant ( warrantless
arrest) shall be released subject to the gravity of the offense he is suspected to have
committed such that:
1. 12 hours, if the person committed a light felony;
2. 18 hours, if the person committed a less grave felony; and
3. 36 hours, if the person committed a grave felony.
Any police officer who will not observe or fail to observe the following number of hours shall
be charged for arbitrary detention under article 125 of the Revised Penal Code.

Lesson 5.1: Investigative Interview

Lesson Objectives:
1. discuss the characteristics of a productive interview and
2. explain the rules in the conduct of interview.
In order to attain a productive investigation, investigators must be knowledgeable and skilled in
gathering information. Take note that information is any data gathered in the course of
investigation which will serve as a foundation in solving the case. One way of gathering
information is done through a successful interview of witnesses, complainants or victims, and
interrogation of suspects or any person accused of a crime. Normally, however, investigator
starts conducting field inquiry towards any individual upon his arrival at the crime scene. Field
inquiry simply means as the general questioning of all people present in the crime scene. This
is done in order to give investigator an idea as to the extent of the crime committed.

Take note that interview differs from interrogation such that interview is a form of
questioning among person who have knowledge regarding the commission of a crime while
interrogation is a questioning style which involves the use of strong appeal or aura in order
to gather information among persons who may have direct involvement of the crime. Also,
interview is commonly done among witnesses, complainants and victims of the crime while
interrogation is usually done among person suspected to have committed a crime or those
hostile witnesses. Take note that this are those witnesses who are uncooperative and do not
wish to provide information necessary for the prosecution of the case.
Additionally, investigators must do the interview the soonest time possible as this will allow
them to gather better information concerning the crime. The lesser the time between the
commission of the crime and the conduct of interview, the more accurate it will be and fruitful
for successful investigation.
Characteristics of Productive Interviewer
The capacity to gather information relies heavily on the skills and competency of the
investigators. Take note that the skills of the investigators refer to his technique employed,
manner of approach and timely decision in doing the interview while competency refers to
the knowledge earned through experience and training. Moreover, investigators must also
possess the following characteristics in order to become a successful interviewer such that:

1. Self-reliance - this means that investigators must be confident in doing the interview while
at the same time conscious in listening to the interviewee. Interviewee is the person placed
under interview;

2. Adaptability - this means that investigators must be flexible in different situations and be
able to do the interview at the interviewee's convenience:

3. Perseverance - this means that investigators must endure all obstacles that may come
before the process of interviewing the interviewee;

4. Optimistic - this means that investigators must be positive in dealing all possible
interviewee's that may be called before him; and

5. Patience - this means that investigators must exert all possible effort to maintain a good
attitude in handling the interview as well as the ability to work under pressure.

Activity 5.1.2: Evaluation

Do you think there are other qualities that the investigator must possess? What do you think
are these qualities? Enumerate and explain why.

Rules in Interview
Gathering information relevant to the case does not only include the skills and competency of
the investigator but as well as the proper and timely preparation in doing interviews. Keep in
mind that interviewers should be versatile or flexible in handling different types of personality
as this will allow him to gather relevant facts in line with the commission of the crime. Some of
these important things that investigators must remember are as follows:

1. Case review - investigators must review the relevant facts about the case before
proceeding with the interview of the interviewee. This will allow him to capture all the
necessary detail while doing the interview as well as prevent the loss of vital information to
which the interviewee possess.

2 . Build rapport - this means that the investigator needs to communicate properly and bring
the interviewee to attention in establishing a good communication in order to proceed with
cognitive interview. Take note that rapport refers to the good relationship established
between interviewer and interviewee as a result of their mutual understanding in solving the
case. As an effect, investigators can do the cognitive interview wherein interviewee can provide
all the relevant facts of the case under investigation through narration of his accounts and upon
the aid of effective interviewing techniques;

3. Simple question - this means that investigators should not allow the interviewee to be
confused. Confusing questions make it difficult for the interviewee to understand and provide
accurate answers;

4. Avoid implied answer - this means that investigators must not allow a question
answerable by either "yes or'no". If that is the case, this will limit the perspective of the
interview and investigators may omit some important facts of the case;
5. Avoid Leading question - as much as possible, avoid leading questions as this will redirect
interviewee's mind and will focus only to matters which investigators ask. However, this may be
useful in interviewing child witness;

6. Do not ramble – this simply means that investigators should ask one question at a time;
and

7. Good closure - this means that investigators should be courteous and kind to the
interviewee as a further set of interview is possible. Do not allow interviewee to put grudge
against you.
Moreover, in dealing with multiple suspects, investigators should remember to separate them
immediately as this will create the suspects to create a strong alibi. Alibi is defined as a form
of explanatory statement made by the suspect in order to exclude him from being investigated
or to give justification for his presence or absence in a certain situation which has a logical
connection to the case.
66 FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE
Chapter 5 Interview and Interrogation

Lesson 5.2: Interrogation

Lesson Objectives:
1. discuss the relevance of interrogation and
2. differentiate interrogation from interview.
Successful investigation of the case cannot be done without the suspect being interrogated.
Since interrogation of suspect is the usual and classic scenario done to obtain strong
information, however investigators should be skilled enough as it is expected that the suspect
will not speak anything which will implicate them to the crime they have committed.

Preliminary Preparation
Investigators should identify himself before the conduct of interrogation and must allow the
subject to know the purpose of the same. The term subject refers to the person who is
placed for interrogation.
As discussed in the previous chapter, the subject here must be appraised of his constitutional
rights as any confession made without such appraisal will be inadmissible as evidence in court.

Interrogation Techniques
Interrogation technique refers to the method employed by the interrogator in questioning
and eliciting relevant facts necessary for the conviction of the suspect.
In addition, investigators must employ appropriate and suitable interrogation styles depending
on the type of suspect. Some of these techniques are:

1 Strong approach - interrogator projects a hostile personality toward the subject to create
anxiety and fear in order to confess.

2. Friendly approach - interrogator manifests a sign of friendliness and offer help toward the
subject
Lesson 5.3: Confession and Admission
Lesson Objectives:
1. differentiate confession from admission and
2. explain the effect of confession in the criminal investigation.

The main objective of interrogation is to obtain confession from the subject. Confession is
defined as the direct acknowledgement of the suspect with respect to his participation
concerning the commission of a crime. As opposed to admission, which is defined as the
acknowledgement only of some elements of the crime and is not tantamount to confession.
In order for a confession to become valid, the following requirements must confer such that:
1. The person making the confession must be appraised of his constitutional rights as provided
by the Miranda doctrine such that he has the right to remain silent and anything he will say can
be used against him, and be provided with an independent and competent counsel;
2. If the person making confession waive his right, it must be done upon a valid waiver with the
assistance of a counsel. Waiver refers to a document signed by the person making the
confession renouncing all his rights as provided by the constitution; and There was no third
degree use. Third degree simply means as the use of physical force, intimidation, threat, or
any other similar means done to obtain confession.
3. However, Miranda warning need not be applied in cases where the confession was done
voluntarily or made spontaneously such that:
1. The person was running to the police station and suddenly spoke out that he killed a person;
2. The person who subjected to for fingerprinting or be taken handwriting sample or doing a
lineup for sobriety test;
3. Field questioning or in the crime scene;
4. Roadside questioning or any traffic stops, or
5. Any other minor violations.

Lesson 6.1: Information

Lesson Objectives:
1. differentiate information in technical and legal perspective;
2. identify the possible sources of information, and
3. discuss the types and motives of informant.

The term information was consistently mentioned in the previous chapters. Technically, it
refers to the element of investigation necessary for gathering and collection of data to include
its progress as it moved forward in solving the case. As opposed to its legal perspective,
information is defined as accusation in writing, charging a person with an offense, subscribed by
the fiscal, and filed in court
In connection to intelligence, information is simply the "raw data". This simply implies that in
the aspect of intelligence, information are just pieces or its part. These pieces of information
are useless without being analyzed and evaluated so that they can be disseminated and used by
appropriate person. In contrast with information, intelligence refers to collated, analyzed,
and evaluated information appropriately acquired for a particular purpose.

Sources of Information
Source of information is the network of data which can be linked or grouped in order to
obtain a concrete and reliable information based on the prevailing need or as the need arises.
Some of these common sources are:

1. People as source of information

a. Regular source - these are information gathered through people who have come

directly to the attention of the police commonly the complainant, witness or victim.

b. Cultivated source - these are information generally taken through the use of informant or
informer.

C. Grapevine source - these sources of information are gathered from those who are in the
underworld criminals or ex-convicts.

2 Record as source of information

a. Government source - these are sources taken from government agencies or any of its
instrumentality.

b. Private source - these sources of information are usually taken from different private
entities and business organizations, public utilities such as water or electric bills, and all other
private sectors.

c. Internet source - this modern source of information is done through searching specific
detail by typing the desired key or phrase in the different search engine.
Chapter 6 Intelligence 73

Types and Motives of Informant

Technically, the term informant refers to any person who possess knowledge regarding crime,
criminal syndicate, or ongoing criminal activity and provides information with the police with or
without consideration. It is usually used interchangeably with the term informer. However,
the term informer refers most specifically to those persons who are recruited or hired and
paid in a regular basis just to provide information

Below are the common types of informants:

1. Anonymous - these are unidentified or unknown informants and usually provide
information to the police through telephone or cellphones.

2. Double-crosser – these are those informants who provide information in order also to gain
information from the police. Worst, they acquire more information than what they give.

3. False Informant - these are those informants who provide false information or
information without bases.
4. Frightened Informants - an informant who provides information due to panic or anxiety.

5. Legitimate - these are those informants who provide information voluntarily to the police.

6. Mercenary - these are those informants who provide information in exchange for a reward,
whether for money or any other consideration.

7. Self-aggrandizing - an informant who provides exaggerated information to the police in

order to gain advantage or attention.

8. Women - these are the most dangerous and difficult type of informants against male
subjects. In addition, below are the common motives of the informant in providing information
such as:

1. Civic-mindedness - informant provides information as a sense of duty and obligation to

assist the police.

2. Fear - the person gives information due to oppression by enemies or other impending
danger.

3. Gratitude or gain - informant provides information to obtain a privilege toward the

welfare of his family.

4. Jealousy - the informant is pushed to provide information to the police due to his
resentment to the accomplishments or possessions of another.

5. Remuneration - a person informs the police for some pecuniary or other material gain he
is to receive

6. Repentance – the informant provides information as a sign of regret for what he has
previously done.

7. Revenge - vengeance or retaliation is the sole purpose of the person in providing

information to the police.

8. Vanity - the person wants to gain favorable attention and importance from the police.

74 FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE

Lesson 8.1: Search Warrant

Lesson Objectives:
[Link] the application of search warrant in investigation and
2. explain the process of acquiring search warrant and how it is executed.

In line with investigation that needs the production of evidence considered as a fruit of the
crime or product of illegal activities either in the possession of someone, within the premise of
the house or building, or even in the vehicle, requires a warrant. Warrant simply means as the
permit given by the court for a particular purpose. In criminal investigation, search is a form of
government invasion to the person's freedom to privacy. A seizure is the confiscation of the
property or any material usually fruit of the crime or product of illegal activities to serve as an
evidence in the legal proceeding.

A search warrant is legally defined under the Rules of Court (Section 1, Rule 126) as
an order in writing issued in the name of the People of the Philippines, signed by the judge and
directed to a peace officer, commanding him to search for personal property described therein
and bring it before the court.

Application and Issuance of Search Warrant

Any police officer can request for the issuance of a warrant provided that there is a probable
cause as a strong basis for its issuance. Probable cause means that there is a strong ground
that a crime has been committed or about to be committed and the proceeds, fruit of the crime
or property that will be used in committing the crime can be found and located in the place so
described in the warrant. Any police officer can secure the warrant from:
1. The court that has the territorial jurisdiction of the crime;
2. For compelling reason, any court within the judicial region where the crime was committed if
the place of the commission of the crime is known; or 3. Any court within the judicial region
where the warrant shall be enforced.
However, if that has been filed already, the application shall be made in the court where the
criminal action is pending.

Who shall issue the warrant?

It is the judge who will issue the warrant after questioning the complainant under oath and
in Writing to include the possible witnesses who may be presented. The place to be searched
must be described together with the properties to be seized. The sworn statement shall be
recorded together with the affidavit.
The search warrant shall be issued for the search and seizure of the personal property which
includes the following:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or fruits of the offense; or

138 FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE

Execution of Search Warrant

In the execution of the search warrant, the person must identify himself and his purpose. If he
will not be admitted to the place directed to the search, then he may break any part of the
house either:
1. to execute the warrant or
2. to liberate himself or any person lawfully aiding him when unlawfully detained.
The warrant shall be valid only for ten (10) days from the date of its issuance and no search
shall be made except:
1. Lawful occupant is present;
2. Any member of his family; or
3. Presence of at least two witnesses of sufficient age and discretion residing in the same
locality.
In general, all search shall be made during daytime unless specified to be served at any time of
the day or night. Thereafter, the officer seizing the property shall give a detailed receipt to the
lawful occupant, in the presence of at least two witnesses of sufficient age and discretion
residing in the same locality.
The officer making the search and seizure shall deliver the property to the court who issue the
warrant together with the inventory of seized items under oath. If after ten (10) days the
warrant was not returned, the issuing judge shall summon the person to whom the warrant
was issued and allow him to explain why no return was made.