LEGAL PROVISIONS IN CRIMINAL INVESTIGATION

MAPP vs. OHIO (376 vs. 584)

Key Point: The U.S. Supreme Court ruled that evidence obtained illegally
is inadmissible in state criminal prosecutions.
Explanation: This case established the "Doctrine of the Poisonous Tree,"
meaning that evidence gathered through unlawful actions by law
enforcement (like illegal searches) cannot be used in court.
MIRANDA vs. STATE OF ARIZONA
Background: Ernesto Miranda was arrested for kidnapping and rape in
Phoenix, Arizona. After a victim identified him in a lineup, he was
interrogated for two hours. Miranda confessed, both orally and in writing,
to the crime. Despite this confession, the U.S. Supreme Court later
overturned his conviction.
Key Point: The Court ruled that Miranda's rights had been violated,
particularly his right to an attorney and his right against self-
incrimination.
Outcome: This led to the mandatory Miranda Warning, which must be
given to all suspects in custody who are to be questioned by law
enforcement officers.
Miranda Warning includes:
1. The right to remain silent.
2. Anything said can be used against the suspect in court.
3. The right to an attorney during questioning.
4. If the suspect cannot afford an attorney, one will be provided.

Legal Requirements of Criminal Investigation

 1. Legal: The investigation must strictly follow the law.
 2. Thorough: The investigation should be as detailed and complete as
possible.

Basic Legal Parameters in Criminal Investigation Process

This section introduces the key principles governing criminal investigations,
explaining their importance and to whom they apply.
Duty to investigate: Authorities must investigate potential crimes.
Arrest and detention of a suspect: There are legal guidelines for how
suspects are arrested and held.
Due process: Suspects are entitled to fair treatment under the law.
 Rights of the persons involved: Both suspects and victims have legal
rights.
Probable cause: There must be reasonable grounds for suspecting
someone of a crime.
Burden of proof: It's the prosecution's responsibility to prove the
suspect's guilt.
Proof beyond a reasonable doubt: The standard that must be met for
a criminal conviction.

The Right of a Person Under Investigation in the Philippine Setting

1973 Philippine Constitution, Art. III, Section 20
Key Point: No person can be forced to testify against themselves.
Explanation: If someone is under investigation for a crime, they have the
right to remain silent and to have legal counsel. They must also be
informed of these rights. No force, threats, or intimidation can be used to
extract confessions. Any confession obtained under such conditions is
inadmissible as evidence.
Important Case Reference (People vs. Duero, 1981): The warning
about the right to remain silent must include an explanation that anything
said can be used in court. This is crucial to ensure the person understands
the consequences of speaking.
1987 Philippine Constitution, Art. III, Section 12 (1)
Key Point: The suspect must be informed of their right to remain silent
and to have competent and independent legal counsel, preferably of their
choice.
Explanation: If the person cannot afford a lawyer, one must be provided.
These rights cannot be waived unless in writing and with the presence of
a lawyer.

Republic Act No. 7438

This law defines the rights of people who are arrested, detained, or under
custodial investigation. It also sets out the duties of law enforcement officers
and the penalties for violating these rights.
1. Information in a language they understand:
o The person must be informed of the reason for their arrest in a
language they know. The arrest warrant (if any) must also be
shown to them.
2. Right to remain silent:
 o They must be told they have the right to remain silent and that
anything they say can be used against them as evidence.
3. Right to legal assistance:
o The person must be informed that they have the right to a
lawyer's presence, preferably one they choose, at all times
during the investigation.
4. Provision of a lawyer if they cannot afford one:
o If the person cannot afford a lawyer, one will be provided. The
lawyer may be appointed by the court, or a relative/friend can
arrange for one.
5. No custodial investigation without a lawyer:
o Even if they don't have a lawyer yet, no investigation can happen
without one, unless the person has validly waived this right.
6. Communication rights:
o The arrested person has the right to communicate with their
lawyer, family members, or a chosen doctor/priest/minister by
the most convenient means (telephone, letter, etc.). It is the
officer’s duty to ensure this happens.
7. Right to waive their rights:
o The person may waive their rights, but only if it is voluntary,
knowing, and intelligent. They must show they understood this,
and the waiver must be in writing and done with their lawyer
present.
8. Invalid waiver if without a lawyer:
o If the person insists on waiving their right to a lawyer, they must
be told the waiver is void unless it is in writing and done with
legal counsel present.
9. Right to stop questioning:
 o At any point, the person can indicate they do not want to be
questioned anymore. If they do so, the interrogation cannot
proceed or must stop immediately if it has already begun.
10. Right to invoke their rights later:
o Even if the person initially waives their rights (to remain silent or
have a lawyer), they can change their mind and invoke these rights
later, at any stage of the investigation.
11. Inadmissibility of evidence:
o Any statement or evidence obtained in violation of these rights will
be inadmissible in court, whether it helps or harms the person’s
case.

Legal Consequences of Violating These Rights:

Inadmissible Evidence:
Any testimony or statement made by the arrested person when their
constitutional rights are violated cannot be used as evidence in court.
Criminal Liability of Investigators:
Investigators who violate these rights can be held criminally liable
under the law.

REPUBLIC ACT NO. 9745 - ANTI TORTURE ACT OF 2009

Types of Torture
(a) Physical Torture
Defined as treatment or punishment by a person in authority (or
their agent) that causes severe pain, exhaustion, disability, or
dysfunction of the body. Examples include:
Systematic Beating: Punching, kicking, headbanging, or striking
with objects like truncheons or rifle butts, jumping on the stomach.
Food Deprivation or Forcible Feeding: Forcing someone to eat
spoiled food, animal/human excreta, or other inedible substances.
Electric Shock: Shocking the body with electrical currents.
Cigarette Burning or Chemical Torture: Burning with cigarettes,
rubbing pepper or chemicals on mucous membranes, or applying
acids/spices to wounds.
Near-Drowning: Submersion of the head in water or contaminated
liquids (excrement, urine, vomit, blood) until near suffocation.
 Stress Positions: Forcing the victim to stay in fixed, stressful
bodily positions for extended periods.
Rape and Sexual Abuse: Including insertion of foreign objects into
genitals or rectum, or electrical torture of genitalia.
Mutilation/Amputation: Removing or mutilating body parts like
the genitalia, ears, tongue, etc.
Dental Torture: Forced extraction of teeth.
Pulling Out Fingernails.
Exposure to Extreme Elements: Prolonged harmful exposure to
sunlight or extreme cold.
Asphyxiation: Use of plastic bags or materials to cover the head,
causing suffocation.
Use of Psychoactive Drugs: Altering the person's mental state or
causing pain through drugs.
(i) Inducing confessions or mental incompetence through
drugs.
(ii) Administering drugs to induce pain or symptoms of illness.
Other Similar Acts of Physical Torture.

(b) Mental/Psychological Torture

Acts by a person in authority intended to confuse, affect the mind, or

undermine a person’s dignity and morale. Examples include:
Blindfolding: Depriving the victim of sight during torture or
interrogation.
Threats: Threatening the victim or their relatives with harm, execution,
or other wrongful acts.
Solitary Confinement or Secret Detention: Isolating the victim in
unknown places.
Prolonged Interrogation: Subjecting the victim to extended
questioning.
Public Humiliation or Show Trials: Displaying the prisoner for public
shame or mockery.
Unscheduled Transfers: Moving the prisoner from place to place,
leading them to believe they will be executed.
Maltreatment of Family Members: Abusing or mistreating the victim’s
family.
Forcing Family Members to Witness Torture: Making the victim’s
family, relatives, or others witness their torture.
Denial of Sleep/Rest: Depriving the victim of basic sleep.
Shame Infliction: Forcing the victim to strip naked, parade in public,
shave their head, or mark their body against their will.
 Prohibiting Communication: Deliberately preventing the victim from
contacting family members.
Other Similar Acts of Mental/Psychological Torture.

Section 5. Other Cruel, Inhuman, and Degrading Treatment or

Punishment
 Refers to deliberate, severe, and degrading treatment inflicted by
a person in authority or their agent on someone in custody.
 Such treatment causes suffering, humiliation, or debasement.
 The severity is assessed based on the circumstances, including:
o Duration of the treatment
o Physical and mental effects
o Victim’s sex, religion, age, and health condition.

Section 7. Prohibited Detention

 Secret detention places, solitary confinement, and
incommunicado or other similar forms of detention where torture
may occur are prohibited.
 These detentions allow torture to be carried out with impunity.

Section 8. Applicability of the Exclusionary Rule; Exception

 Any confession, admission, or statement obtained through torture
is inadmissible in court.
 Exception: It may be used as evidence against the accused if they
are charged with committing torture.

Section 10. Disposition of Writs of Habeas Corpus, Amparo, and

Habeas Data
 Any writ of habeas corpus, writ of amparo, or writ of habeas
data filed on behalf of a torture victim must be handled
expeditiously.
 Any release or court order related to the writ must be complied
with immediately.
Section 11. Assistance in Filing a Complaint
 CHR (Commission on Human Rights) and PAO (Public Attorney's
Office) are required to provide legal assistance in the investigation,
monitoring, or filing of complaints for torture victims.

Section 12. Right to Physical, Medical, and Psychological

Examination
 Before and after interrogation, a person arrested or detained has the
right to a physical examination by an independent doctor of their
own choice.
o If they cannot afford this, the State will provide a competent
doctor.
o The State will also strive to provide psychological evaluation if
available.
 If the arrested person is female, she should preferably be attended to
by a female doctor.
 Both the victim and their immediate family have the right to
immediate and adequate medical treatment.
 The medical report from the physical and/or psychological
examination must be signed by the attending doctor and included in
the custodial investigation report.
o The report is considered a public document.

Who is a Criminal Investigator?

A criminal investigator, also known as a prober, is the person who
conducts the investigation process. Investigators play a pivotal role in
uncovering facts and building evidence in criminal cases. They are seen as
the "superstar" of the investigation process because they lead the critical
phases of gathering information and solving crimes.

Roles of an Investigator
Determine if a Crime has been Committed:
Ensure that a violation of a statute or law has occurred.
Check jurisdiction limitations (departmental or otherwise).
Investigate the possibility of false reports.
Understand the legal concept of corpus delicti (body of the crime)
which refers to the principle that evidence must show that a crime
has been committed.
Identify the Victim and Offender:
 True names of individuals aren’t always necessary for the
investigation. If unknown, they can be referred to as "John Doe" or
"Jane Doe."
Locate and Apprehend the Accused.
Present Evidence of Guilt:
Build a solid case by presenting evidence that points to the guilt of
the accused.

Trichotomy of Criminal Investigation

Training:
A critical factor in producing competent investigators. It frees
investigators from ignorance and prepares them to deal with
complex cases.
Tools:
Investigators use information, interviews, interrogations, and
forensic tools to develop evidence and establish facts.
Technique:
Techniques relate to the tactical strategies employed during
investigations to solve cases efficiently.

Desirable Traits of a Criminal Investigator

1. Superior Reasoning Ability:
o The investigator must be adept at logical analysis and critical
thinking. This involves:
 Distinguishing between facts and opinions.
 Identifying cause-and-effect relationships.
 Assessing the accuracy and completeness of information.
 Recognizing logical fallacies or faulty reasoning.
 Using both deductive (general to specific) and inductive
(specific to general) reasoning to form conclusions.
2. Imagination and Curiosity:
o Imagination helps the investigator form mental images of
what’s missing in an investigation.
o Curiosity drives the investigator to dig deeper into the case and
explore every angle.
3. Intuition:
o Investigators often rely on a sixth sense or hunches, especially
when there is no direct evidence available. This comes from
experience and training.
4. Observational Ability:
 o A sharp sense of observation is crucial. Investigators must note
visual details (e.g., facial features, clothing) and process them
quickly, even during brief moments.
5. Organizational Ability:
o Investigators deal with various types of information (written,
verbal, past cases). Effective organizational skills ensure that
information is retained and accessed when needed.
6. Legal Knowledge:
o An investigator must understand both criminal and civil law to
differentiate between criminal violations and civil matters,
guiding the next steps in the investigation.
7. Cultural Understanding and Broad Interests:
o Being sensitive to and knowledgeable about different cultures
helps an investigator when gathering information, recruiting
informants, and conducting interviews.
8. Persistence:
o The ability to endure despite challenges. Persistence ensures
that the investigator continues the investigation until all facts are
uncovered or no further progress is possible.

Cardinal Questions in Criminal Investigation

A. Who Questions
These questions focus on identifying the people involved in the crime—
victims, suspects, accomplices, witnesses, and more:
1. Who reported or discovered the crime?
2. Who witnessed the crime being committed?
3. Who is the victim, and did they have any conflicts or
misunderstandings with others?
4. Who is the offender or perpetrator of the crime?
5. Who are the accomplices or associates of the culprit?
B. What Questions
These questions aim to uncover what exactly transpired before, during, and
after the crime:
1. What happened during the crime?
2. What actions did the suspect, victim, or witnesses take?
3. What is the nature of the crime?
4. What weapons or tools were used by the suspect?
5. What pieces of evidence were found at the crime scene?
C. Where Questions
These questions pinpoint the location of the crime, as well as the
whereabouts of the individuals involved:
1. Where was the crime discovered?
2. Where did the offense take place?
3. Where are the victim, witnesses, and suspect located?
4. Where do they live?
5. Where was the suspect apprehended?
6. Where are the weapons or tools used?
7. Where did the investigator obtain the evidence?
D. When Questions
These questions aim to determine the exact time the crime took place, along
with related events:
1. When was the crime committed?
2. When was it discovered?
3. When was the police informed?
4. When was the victim last seen alive?
5. When was the suspect arrested?
E. Why Questions
These questions explore the motives behind the crime, offering insight into
the reasons for the offender's actions:
1. Why did the offender commit the crime?
2. Why did they kill the victim?
3. Why didn’t they let the victim go?
4. Why didn’t the suspect surrender?
F. How Questions
These questions clarify the method or procedure used to commit the crime,
including how the suspect accessed information or escaped:
1. How did the suspect approach the victim?
2. How was the crime committed?
3. How did the criminal obtain necessary information?
4. How did the criminal escape the scene?
5. How was the crime scene investigation conducted?

Importance of the 5Ws and 1H in Criminal Investigation

The 5Ws and 1H (Who, What, Where, When, Why, and How) play a crucial
role in a criminal investigation for several key reasons:
1. Crime Scene Investigation: They help the investigator in
systematically examining the crime scene and other places that may
provide evidence.
 2. Question Formulation: They guide the investigator in asking relevant
questions during interviews with the complainant, witnesses, and other
involved parties. They are also useful during the interrogation of
suspects.
3. Report Writing: They aid in preparing accurate and concise
statements for police reports, the logbook, or the police blotter.
4. Modus Operandi Analysis: These questions help the investigator
analyze how the crime was committed, leading to a clearer
understanding of the criminal's method.
5. Concise Investigation Report: The investigator can furnish a brief
and clear criminal investigation report by addressing the 5Ws and 1H
(Manwong, 2004).

Golden Rule in Criminal Investigation

The golden rule in criminal investigation is:
"Never touch, alter, move, or transfer any object at the crime scene unless it
is properly marked, measured, sketched, and/or photographed."

PHASES OF INVESTIGATION
1. Preliminary or Initial Investigation
Foundation of the Case: The first exposure of the criminal offense
to the investigative process serves as the foundation for the case. A
proper or a strong foundation is a must or the entire investigation
will be jeopardized.
First Officer's Duties: Usually, the first police on the crime scene
is a uniformed patrol officer. His duties are to:
Provide aid to the victim.
Secure the crime scene for later investigation.
Begin documenting the facts of the crime.
Key Steps:
a. Offense Determined: The specific nature of the crime
and its detailed description must be transmitted as soon as
possible.
b. Suspect Arrested, if Possible: The outcome of
preliminary investigation is governed by the passage of time.
The longer the interval without arrest, the lower the
probability of success.
c. Crime Scene Protected: The first procedure in the
investigation process is the protection of the crime scene.
 d. Victim and Witnesses Identified: This refers to anyone
who can provide information to aid the initial investigation.
The officer focuses or prioritizes his attention to the victim. A
basic interview is conducted with the victim, keeping in mind
that the victim will be interviewed again during in-depth
investigation.
e. Basic Statements Be Taken
f. Crime Scene Processed

2. Follow-up or In-depth Investigation

Purpose: Serves as a follow-up of the preliminary or initial
investigation.
Process: The in-depth inquiry begins with a general reexamination
of all facts, leads, and other types of information secured during the
preliminary investigation.
Detective's Responsibilities: Ensure that the preliminary inquiry
was complete and attempt to answer the following questions:
a. Was the crime scene processed in a proper manner or
method?
b. If the suspect was arrested, was the arrest legally
competent or done?
c. Of all the physical evidence secured, which should be
examined by the crime laboratory, and what specific
examination should be requested?
d. Are the identifying data concerning or pertaining to the
victims and witnesses correct?
e. Has the preliminary officer been contacted about leads or
areas of inquiry which are not found or included in the formal
preliminary report?
3. Final or Concluding Investigation
Objective: The direct product of the previous two stages.
Collaboration: Investigating officer works closely with the prosecuting
attorney as the criminal case is being prepared for trial following this
order:
a. Review the suspect's arrest to ascertain its legality.
b. Review all suspect's statements and admission as to their
legality.
c. Review the process used in securing all relevant evidence.
d. Re-examine the legal requirements of victims, witness
statements, and identification of the suspect.
e. Review and compile all notes, reports, and documents that
may be used during the trial.
 f. Review all information secured using informants and decide
on its possibility of use in the court.
g. Arrange for all necessary expert-witness testimony.

TOOLS IN CRIMINAL INVESTIGATION

Information
Definition: The acquired knowledge or data by the investigator
from other persons and records.
Classes of Information:
a. Regular Sources: These include records, government and
non-government agencies' files, and news items.
b. Cultivated Sources: These include information gathered
by the investigator from informants, vendors, taxicab drivers,
GRO, and others.
c. Grapevine Sources: These include information obtained
from underworld characters such as prisoners and ex-
convicts.
Interview and Interrogation
Interview
Definition: A purposive conversation, motivated by a desire
to obtain information from the person being interviewed
based on what was done, seen, felt, heard, tasted, smelled, or
known. This is the art of questioning a person believed to
possess knowledge that is of official interest to the
investigator.
Basic Assumptions:
There is a basic assumption that "nobody should talk to
law enforcers."
Law does not compel a person to talk to the police if it is
against his will.
Therefore, people will have to be persuaded or
convinced, always within legal and ethical bounds, to
talk to law enforcers. This makes interviewing an art.
Interview Format (I.R.O.N.I.C.):
Identity: Prior to the commencement of an interview,
the investigator should identify or introduce himself or
herself to the subject which includes his or her name,
rank, and agency. Except when it is unnecessary to
know or reveal the officer's identity.
Rapport: It is necessary to create a pleasant and
positive feeling between the subject and the
 investigators. Such atmosphere is vital for effective,
positive, and smooth interaction.
Opening Statement: The investigator must always
have an opening statement to provide context to the
conduct of the interview. The opening statement should
include the reason why the subject is being contacted.
Narration: During the narration, the witness should be
allowed to articulate his or her knowledge with little or
no interruption from the investigator.
Inquiry: This involves asking questions to the subject
after he or she has narrated all the information he or
she knows. The questions are used to clarify certain
areas of the case under investigation.
Conclusions: After the interview, it should be
concluded with utmost courtesy. The subject should be
acknowledged for his or her cooperation.

Rules to be Observed in Questioning

a. Ask one question at a time.
b. Avoiding implied answer.
c. Simplify the questions.
d. Save faces.
e. Avoid using close-ended questions which require a yes or no answer.

Interrogation
Definition: The act of questioning a person suspected of having
committed an offense or a person who is unwilling to fully disclose
information in his possession which is relevant to the investigation.
Key Terms:
Deposition: The witness's sworn out-of-court testimony. It is used
to gather relevant information as part of the discovery process. The
witness being deposed is called the "deponent."
Confession: A self-incriminatory statement of a person by directly
acknowledging the truth of his or her guilt.
Admission: A self-incriminatory statement but falls short in the
acknowledgment or admission of guilt. Simply, it is the direct
acknowledgment of facts.
Purposes of Interrogation:
a. To obtain confession to the crime.
 b. To induce the suspect to make admission.
c. To learn the facts of the crime.
d. To learn the identity of the accomplice.
e. To develop information which will lead to the recovery of the
fruits of the crime.
f. To discover the details of other crimes participated by the
suspect.
Interrogation Techniques:
Emotional Appeal: The investigator should provide emotional
stimuli to prompt the subject to unburden himself or herself through
confession.
Sympathetic Appeal: Gestures of sympathy or friendship may win
the suspect's cooperation.
Kindness: Assuming the suspect will confess if treated kindly and
in a friendly manner.
Extenuation: Communicating that the investigator does not
consider the subject's indiscretion a grave offense.
Shifting the Blame: Suggesting the subject is not the kind of
person who gets mixed up in a crime.
Mutt and Jeff: Using two agents in interrogation—Mutt, the
relentless investigator, and Jeff, the kind-hearted man.