SPECIAL CRIME
INVESTIGATION 2
WITH SIMULATION ON INTERROGATION AND
INTERVIEW
SPECIAL CRIME INVESTIGATION 2 WITH
SIMULATION ON INTERROGATION AND
INTERVIEW
Course Description:
This course provides emphasis on the
Constitutional Rights of persons arrested, place
under investigation, search and seizure. It takes
on the conduct of interview and interrogation of
suspects, person of interest and witnesses and
simulates on the different crimes against
person, economic crimes, and other special
laws on transnational and organized crimes.
The evidence requires and the report writing.
THE ANATOMY OF
CRIME
ANATOMY OF CRIME
1. Motive - refers to the reason or cause why a
person or group of persons will perpetrate a
crime.
2. Instrumentality - is the means or implement
used in the commission of the crime.
3. Opportunity - consists of the acts of omission
and/or commission by a person (the victim)
which enables another person or group of
persons (the criminal/s) to perpetrate the
crime.
SPECIAL CRIME
INVESTIGATION
SPECIAL CRIME INVESTIGATION
• Is the investigation cases that are unique an often
required special trainings to fully understand its broad
significance.
• The study concentrates more on physical evidence;
it’s collection, handling, identification and preservation
in coordination with the various criminalists in the
crime laboratory. Special crime investigation involves
close relationship between the investigator in the field
and the investigator in the laboratory
INVESTIGATION
• The word investigate is defines as “to
examine and inquire into something
systematically and thoroughly”.
• Investigation is an art which deals with
the identity and location of the offender
and provide evidence of his guilt through
criminal proceedings (Tradio,2001)
INVESTIGATION
• Investigation is the collection of facts
to accomplish a three-fold aim:
a. to identify the suspect;
b. to locate the suspect; and
c. to provide evidence of his guilt.
INVESTIGATION
• In the performance of his duties, the investigator
must seek to establish the six (6) cardinal points of
investigation, namely:
1. what specific offense has been committed
2. how the offense was committed
3. who committed it
4. where the offense was committed
5. when it was committed
6. and why it was committed
PROTOCOLS IN INVESTIGATION
Jurisdictional Investigation by the Territorial
Unit Concerned The Police Station, which has
territorial jurisdiction of the area where the crime
incident was committed, shall immediately
undertake the necessary investigation and
processing of the crime scene, unless otherwise
directed by higher authorities for a certain case
to be investigated by the other unit/agency.
(Protocol 1)
PROTOCOLS IN INVESTIGATION
• Official Police Blotter
a. A police blotter is an 18”x12” logbook with hard-bound cover that contains
the daily register of all crime incident reports, official summary of arrests, and
other significant events reported in a police station.
b. As a general rule, all crime incidents must be recorded in the official police
blotter.
c. A separate police blotter however shall be maintained for offenses requiring
confidentiality like violence against women and children and those cases
involving a CICL to protect their privacy pursuant to R.A. 9262 and R.A.
9344.
d. The duty police officer shall record the nature of the incident in the police
blotter containing the five “W”s and one “H” of the information and inform his
superior officer or the duty officer regarding the occurrence of such incident.
e. In answering the above 5 Ws and 1 H and the Case Disposition, all such
material details about the incident, including the nature of the action or
offense; the date; time, and place of the occurrence; the name of the
suspects, the victims, the witnesses, if any; facts of the case; significant
circumstances that aggravate or mitigate the event or the crime should be
entered along with the identity of the officer to whom the case is assigned;
and the status of the case.
INVESTIGATION TEAM: ORGANIZATION AND EQUIPMENT
a. All investigators in any police unit must be a graduate of prescribed investigation course with a rank of at least PCpl.
b. Composition of Investigation Team:
1. Team Leader
2. Investigator/Recorder
3. Photographer
4. Evidence Custodian
5. Composite Illustrator/Artist
c. Equipment of the investigator
1. Police line
2. Video Camera
3. Voice Recorder
4. Camera
5. Measuring device
6. Gloves
7. Flashlight
8. Fingerprint Kit
9. Evidence Bag
10. Evidence Tag
11. Evidence Bottles/vials
12. Investigator’s tickler
a. Investigator’s checklist
b. Anatomical Diagram
c. Evidence Checklist
d. Turn-over Receipt
PHASES OF INVESTIGATION
The main objective of a police investigator is to gather all facts in order to:
PHASE I: Identify the perpetrator/s through
1. Confession 2. Eyewitness Testimony
3. Circumstantial Evidence 4. Assertive Evidence
PHASE II: Locate and apprehend suspect/s
1. Surveillance 2. Undercover Assignment
3. Informants
PHASE III: gather and provide evidence to establish the guilt of the
accused
1. The fact of the existence of the crime must be established
2. The accused must be identified and associated with the crime scene
3. Competent and credible witnesses must be available
4. Physical evidence must be appropriately identified
CRIMINAL INVESTIGATION
It is the collection of facts in
order to accomplish the three fold
aims: to identify the guilty party; to
locate the guilty party; and to provide
evidence of his guilt.
TYPES OF CRIMINAL INVESTIGATION
1.Investigation while the suspect
is under arrest and detention;
and
2.Investigation while the suspect
is “at large”
FOUR REASONS WHY CRIME SHOULD BE
PUNISHED
1.Future deterrence of offenders
2.Deterrence to others
3.Community safety
4.Protection of the innocent
HEAD OF CRIMINAL INVESTIGATION UNIT
The Criminal Investigation unit is headed by a
Director with the rank of Chief Superintendent. The
criminal investigation unit shall undertake the monitoring,
investigation and prosecution of all crimes involving
economic sabotage, and other crimes of such magnitude
and extent as to indicate their commission by highly placed
or professional criminal syndicates and organizations (Sub-
par 4, par (a), Sec. 35, R.A. 8551)
This unit shall likewise investigate all major cases
involving violations of laws and operate against organized
groups, unless the President assigns the case exclusively
to the National Bureau of Investigation (NBI).
CRIMINAL INVESTIGATION AS A N ART
It Is an art because it has the POWER in performing
certain actions especially acquired by experience, study and
observation by this definition; we could see that art is a power,
to perform certain actions that are acquired thru experience,
study or even in observation. This power is not inborn but can
be developed. There is a need for the investigator to study in
order to update his/her knowledge. There is also a need to
observe on how other investigators solve the difficult cases they
handled.
Exception:
Criminal investigation is not an absolute art in the sense
that the investigator must inform his subject of his constitutional
rights.
LEGAL CONSEQUENCES OF AN ARRESTED PERSON
UNDER CUSTODIAL INVESTIGATION IS DEPRIVED OF THE
FORETASTED CONSTITUTIONAL RIGHTS:
Any testimony or statement taken
from the arrested person who is deprived
of the three constitutional rights would be
inadmissible as evidence in court.
THREE (3) CONSTITUTIONAL RIGHTS OF AN ARRESTED
PERSON UNDER CUSTODIAL INVESTIGATION:
1. The right to remain silent
2. The right to have a counsel of his / her
own choice
3. The right to be informed of the nature
and the cause of the accusation
(Tradio,1)
POLICE OPERATION VS. POLICE INVESTIGATION
A. Police Operation is a lawful clandestine intelligence and detective
networking to gather information and evidences to determine with
certainty the commission of a crime, the identity of the perpetrators
thereof, and as may be necessary, to arrest the culprits under those
instances as authorized by law.
The Action whereby a person is subjected to:
1. A warrantless arrest “inflagrante delicto”; or
2. A warrantless arrest in “fresh( hot ) pursuit”; or
3. A warrantless arrest as an incident to the execution of a search warrant; or
4. A warrantless search as an incident to a lawful arrest; or
5. An arrest by virtue of a warrant of arrest; or
6. The arrest of escaped prisoner while serving sentence or temporarily
confined while his case is pending; or
7. While being transferred from one confinement to another.
POLICE OPERATION VS. POLICE INVESTIGATION
A. Police Investigation is the action of
initiating a meticulous inquiry to a formal
complaint filed by the private aggrieved party
or public complainant after the fact of the
incident, but no arrest can be legally effected
against the suspect as the circumstances
attendant thereto are not those specifically
allowed by law.
• Investigation Plan – it is the strategic plan
that require proper format that include tools
to be used in managing investigation by
applying the basic principle of SMECAC.
S – Situation
M – Mission
E – Execution
C – Contingencies
A – Administration Logistic Cost
C – Command and Communication
SIX BASIC PRINCIPLE OF INVESTIGATION PLAN
1. SITUATION
• Refers to the background of the incident that happened,
Substantive Offenses, Jurisdiction, Targets, Anticipated duration,
Multi-Agency Investigation and Special Arrangement in the
conduct of investigation.
2. MISSION
• Is the target action to be undertaken or procedure to be attain in
order to come up with best solution and proper outcome of the
case to be investigated.
3. EXECUTION
• It is the proper strategic action to be taken in order to attain the
specific mission during the conduct of investigation by
determining the proper time, proper action by setting
coordination in handling the case to be investigated to avoid
mistake.
SIX BASIC PRINCIPLE OF INVESTIGATION PLAN
4. CONTINGENCY
• Barriers or problems that may arise during the conduct of
investigation that must be considered by finding immediate and
right solution.
5. ADMINISTRATION AND LOGISTICS
• Proper designation of personnel to a particular task assigned by
determining their capabilities and limitation as well as
considering the available resources to be used during the
operation and investigation by finding immediate solution in
order to attain the target specific mission
6. COMMAND AND COMMUNICATIONS
• Proper coordination of personnel by considering all the available
communication resources as well as proper channeling of the
information gathered which is useful and material to the
case/crime being investigated.
• Investigation Management System
- it is the over-all strategy applied in
order to achieve the desired outcome
of the case being investigated.
CRIMINAL
INVESTIGATOR
CHAPTER II
CRIMINAL INVESTIGATOR
• Is a person who is charged with the duty of
carrying on the objectives of criminal
investigation. He is also the one to identify
and locate the guilty party and provide
evidences of his guilt (Tradio, 2000:2)
• A criminal investigator is the skilled person
who is charged with the duty of conducting
criminal investigation when a crime is
committed (Garcia, 2000).
QUALIFICATIONS OF A CRIMINAL
INVESTIGATOR
1. The investigator is an specialist, he must have
adequate training and work experience to
develop the appropriate technical skills required
of his position.
2. He must be self-starting and highly motivated to
carry out his assignment in the face of
adversities or apparent hopelessness; and
3. He must possess particular personality traits that
will permit him to fully exercise his investigative
talents.
CARDINAL QUESTION IN CRIMINAL
INVESTIGATION
Criminal investigation answer the cardinal
questions which are the FIVE (5) wives and one (1)
husband in criminal investigation which represent the
following;
1. What
2. Where
3. Who
4. Why
5. When
6. How
PRIMARY JOB OF AN INVESTIGATOR
The primary job of an investigator is to determine
whether or not an offense has been committed under
the law. He determines what specific offense has been
committed. He must discover the following;
• To discover whether an offense has been committed
under the law
• To discover how it was committed
• Who committed it and by whom it was committed
• When it was committed
• And under certain circumstances why it was committed
QUALITIES OF AN INVESTIGATOR
1. Perseverance – Steadfastness, persistence and resolution
to bring the desired conclusion in spite of obstacle
connected with the criminal investigation.
2. Endurance – the ability to last physically and mentally,
hence, he must have the extra ordinary physical and
mental energy, enduring sleepless nights and tiresome
days and the working knowledge of martial arts and
firearms proficiency.
3. Incorruptible honesty and Integrity – in the practice of
his/her art, there is the ever temptations of money, women
and drinks, where these are present in every corner playing
tricks of temptations.
QUALITIES OF AN INVESTIGATOR
4. Intelligence and Wisdom of Solomon – this is very
important in order that the investigator could easily
decipher falsehood from truth and separate the grain from
the chaff.
5. He must have an understanding of the people and the
environment in which he lives – He must know the
weaknesses and strengths of the people so that he can
use them to his advantage particularly during interrogation.
Knowledge of the psychology of human behavior is
essential to the investigator. The investigator should be
aware of the factors within the social pattern that contribute
to the kind of behavior exhibited by the individual (Tradio,
2000;2)
FUNCTIONS OF THE INVESTIGATOR
1. Provide emergency assistance – if an injured person is on the
scene, arrange for medical attention, identification and removal
2. Secure the crime scene – ensure its protection by using other
policemen or other responsible persons to keep witnesses,
suspects and victim(s) who are present from disturbing the
scene.
3. Photograph, videotape and sketch
(1) Supply the maximum information and to understand how the
crime was committed
(2) to visualize objects and scenes pertinent to the case
4. Take notes – Notes become permanent records in the case
and have the inherent integrity of records prepared in the
performance of official duties
FUNCTIONS OF THE INVESTIGATOR
5. Search for, obtain and process physical
evidence – collect physical evidence with adequate
sampling considering the quantity available at the
crime scene and the amount needed for the
laboratory test
6. Taking of Sworn Statements of Suspects – the
execution of a suspect’s “Waiver” as stipulated in Art
125 of the RPC shall always be done in the presence
of his chosen counsel or any independent counsel.
FUNCTIONS OF THE INVESTIGATOR
7. Sworn Statement/s of the Witnesses:
(1) Sworn Statement of Affidavit of complainant/s and
witnesses must be taken immediately by the
investigator
(2) Affidavit of arrest of arresting officer must be taken
immediately not later than 24 hours
(3) In inquest cases, the investigator and the arresting
officer/s shall observe Art.125 of the Revised
Penal Code
FUNCTIONS OF THE INVESTIGATOR
8. Preparation of Reports and Filing of Charges:
(1) Spot Report within 24 hrs. to Higher Headquarters
(2) Progress Report
(3) After Operation Report
(4) Final report after the case is filed before the Prosecutor’s
office or court
(5) Accomplishment Report
9. Follow-up of Case – conduct police operation to identify
and apprehend suspect/s based on the results of the initial
investigation conducted.
10. Testify in court – ensure attendance during court hearings
TOOLS OF AN
INVESTIGATOR IN
GATHERING FACTS
CHAPTER III
INFORMATION - data gathered by an
investigator from other persons including the victim himself and from:
a. Public records – information gathered from records
and files of the police, other law enforcement
agencies, company records, public hospital records
and others.
b. Private records – information gathered from
cultivated sources such as paid informants,
bartenders, taxi drivers, and vendors and from the
internet such as facebook, and others.
c. Modus Operandi file – information gathered from a
CCTV camera, witnesses, and arrested suspect/s,
and from Police and other law enforcement files.
INFORMATION CLASSIFIED AS
TO SOURCES:
1. Regular Source – records, files from
government or non-government agencies, news
items include the TV broadcast, intercepted
radio communication, telephone messages and
stored computer data.
2. Cultivated Sources – information furnished by
informants or informers.
3. Grapevines Sources – these are information
coming from underworld characters such as
prisoner or ex-convicts. (O’ Hara , 7)
INTERROGATION AND
INTERVIEW
• Interview - is the simple questioning of the
person who cooperates with the investigator.
• Interrogation – is the process of obtaining an
admission or confession from those suspects
who have committed a crime. It is also the
process of questioning the person who is
reluctant to make a full disclosure of
information in his possession which is
pertinent to the investigation. (Tradio,30)
QUALIFICATION OF AN
INTERROGATOR
1. General Knowledge – general knowledge can be acquired by
developing intellectual curiosity and keen sense of observation.
2. Alertness – interrogator must be constantly alert so that he can
analyze the subject accurately and adopt the technique proper
for the occasion. He must be immediately aware of
contradictory information, gaps in the subject’s story and
unexplored leads.
3. Perseverance – patient to obtain accurate and complete
information, especially with uncooperative subjects.
4. Logical Mind – questioning must be logical to make the
narration clear.
5. Power of self control – loss of temper results in a neglect of
important details.
PURPOSE OF INTERROGATION
1. To obtain a confession to the crime.
2. To induce the subject to make an admission.
3. To learn the facts and circumstances surrounding
the crime.
4. To learn the identity of the accomplices.
5. To develop information which will lead to the
recovery of the fruits of the crime.
6. To discover the details of other crimes
participated in by the suspect.
BEFORE THE START OF THE
INTERROGATION, THE
INVESTIGATOR SHOULD KNOW?
AS TO THE OFFENSE ITSELF:
1. Legal nature of the offensive conduct
2. Date, time, and place of occurrence.
3. Description of the crime area and of the crime
scene itself.
4. The way in which the crime appears to have been
committed and the known details of its commission.
5. Possible motive of its commission.
6. Incriminating factors respecting a particular
suspect.
AS TO THE SUSPECT:
1. Personal background information as to age, education, marital
status, financial and social circumstances, and criminal
records, if any.
2. Present physical and mental condition, as well as the medical
history, including such facts as addition to dope or alcohol.
3. Attitude toward the investigation (ex. hostile, cooperative).
4. Relationship to victim or crime scene.
5. Incriminating facts or possible motives
6. Alibi or other statements that the suspect has related to the
investigator
7. Religious or fraternal affiliations or prejudices.
AS TO THE SUSPECT:
8. Home environment.
9. Social attitudes in general.
10. Hobbies.
11. Sexual interest or deviations.
12. Abilities or opportunities to commit the offense.
AS TO THE VICTIM:
1. If a company or other institution
a. Attitude and practice toward employees and public.
b. Financial status (insured against losses)
2. If a person
a. The nature of injury or harm and the details thereof
b. Age, sex, marital status, family responsibilities (number or
dependents)
c. Social attitudes regarding race, nationality, religion, etc.
d. Financial and social circumstances.
e. Physical and mental characteristics.
f. Sexual interest and durations.
g. Blackmail potentialities.
ATTITUDE OF THE INVESTIGATOR IN
THE INTERROGATION ROOM
a. Dominate the Interview – the strength of the personality of
the interrogator must dominate and command the situation.
b. Distracting Mannerisms – anything that will distract the
attention of the subject should be avoided.
c. Language – the language of the interrogator must be in
consonance with the level of the subject’s mentality.
d. Dress – civilian dress is more likely to inspire confidence
and friendship in a criminal than a uniform.
e. Preliminary Conduct – it is advisable to identify yourself
and inform the subject of the purpose of the investigation
ATTITUDE OF THE INVESTIGATOR IN
THE INTERROGATION ROOM
f. Presence of other person(s) – limit the number of persons
present during the interrogation. Ordinarily the investigator or
rather the interrogator should be alone with the subject and that
other parties maybe called in for specific purposes, such as
signing the confession.
g. Place – Interrogation must be in an office or room where the
interrogator shall have psychological advantage. In the
subject’s home, he may be confident, indignant or recalcitrant.
INTERROGATION ROOM:
The room must be free from
distraction and should be designed not to
give more encouragement for the suspect.
IDEAL REQUIREMENTS OF THE
ROOM
1. Privacy
a. Only one door
b. Absence of windows or view
c. Sound-proof
d. Telephone without a bell
2. Simplicity
a. Medium-size room
b. Bare walls
c. No glaring lights
d. Minimum furniture
IDEAL REQUIREMENTS OF THE
ROOM
3. Seating Arrangement
a. Chair
b. Table or desk (flat surface wherein the interrogator
can write and place the evidence)
c. Seat of suspect (his back must be facing the door to prevent the
interruption of the person getting inside)
4.Technical Aids – interrogator may allow other person to be present.
Person like the prosecuting officer will have the opportunity to observe the
subject and the complainant as well. The following are the technical aids;
a. Recording Installation – conversation must be recorded.
b. Listening Device – hidden microphone and others.
c. Two-way mirror or one way mirror
TYPES OF INTERROGATION
1. Narrative Type – the interrogator gets
the subjects story as narrated.
2. Question and Answer Type – if the
subject is tacking, the investigator must
wait until the completion of the narration
and then ask questions.
DIFFERENT TECHNIQUE IN
INTERROGATION
1. Emotional Appeal – investigator should combine the
character of an actor and physical psychologist. He must
be able to analyze the personality of the subject within a
short period of time. Create a good atmosphere to give
confession.
2. Sympathetic Approach – interrogator must listen to the
subject’s story of his troubles, plight and unfortunate
situation. An offer of friendship and acts of kindness may
win his cooperation.
3. Friendliness – a friendly approach may induce the
subject to confession.
FORM OF FRIENDLINESS:
a. Helpful Advisor – it is like that the interrogator and the
subject is friend, then the subject explains the whole thing to
his friend which is the investigator.
b. Sympathetic Brother – the interrogator treat the subject as
his older or younger brother, the purpose is still to obtain
confession.
c. Extenuation – the suspect were to give the details of the
unfortunate incident, his friend, the investigator could
present the affair in its true light.
d. Shifting the Blame – if the subject commits a crime in the
first time, the investigator maybe able to present the incident
that it could be happened to anyone. A full narration may
convince the subject to change their minds.
FORM OF FRIENDLINESS:
e. Role of Mutt and Jeff – one investigator will act
stiffly and going to waste any time until the guilty party
is punished, while the other will be kind-hearted. The
kind-hearted investigator will plea for the cooperation
while the other is away.
f. Creating and Increasing the feeling of Anxiety –
suspect is in the state of emotional confession, unable
to think logically and clearly and his sense of value is
disturbed. The investigator may obtain confession or
admission if he further misrepresents the picture
METHODS OF PROMOTING ANXIETY:
a. Exaggerating Fear – the interrogator persistently points
out that the subject “cannot win” and that there has been no
perfect crime. His continued silence may affect his love
ones.
b. Greater or Lesser Guilt – A certain criminal act may
constitute different kinds of offenses which maybe grave or
light. The investigator may represent himself to be
interested with minor ones. The subject, who is afraid only
of the grave consequences maybe free to talk or may
confess to a minor offense.
c. The Line-up – the witness, complainant, or victim are
requested to recognize the subject among the group of men
in a line-up. A police line-up is composed of 7-10 persons.
METHODS OF PROMOTING ANXIETY:
d. Reverse Line-up – the accused is placed in line-up and he
is identified by several fictitious witnesses or victims who
associated him with different offenses. It is expected that the
subject will become desperate and confess to the offense under
investigation in order to escape from the false accusations.
e. Bluff on a Split Pair – this is applicable when there are
more than one suspect. The suspects are separated and one is
informed that other has talked.
DIFFERENT TECHNIQUE IN
INTERROGATION
4. Stern Approach – A judicious application of the following
techniques may be useful to highly probable guilty subjects:
a. Pretense of Physical Evidence – the investigator
may pretend that certain physical evidence has been
found by laboratory experts against him.
b. Jolting – maybe applied to calm and nervous
subjects.
c. Indifference – the investigator will discuss the case
with another investigator in the presence of the subject.
The aim is to induce the subject to plead them.
DIFFERENT TECHNIQUE IN INTERROGATION
4. Stern Approach – A judicious application of the following
techniques may be useful to highly probable guilty subjects:
d. Questioning as a Formality – the interrogator ask a
series of question as if it is a necessary of formality in his routine
duty. He gives the impression that he knows the answer, but that
he is required to ask the question in consideration of the right of the
accused. When the answer is not that which the interrogator
expects, he puts down his pencil skeptically, looks at the suspect,
stares at his notes and shakes his head ruefully. Prolonged
silence will work with equal effectiveness.
e. Affording an Opportunity to Lie – the interrogator first
asks for detail information concerning the subjects back ground
and narration of the incident happened. From this the
investigator will be able to detect weak points, such lies,
inconsistencies, improbabilities, and gaps.
PHYSIOLOGICAL SYMPTOMS OF GUILT
1. Sweating
2. Color Change
3. Dry Mouth
4. Pulse
5. Breathing
METHODS OF REPRODUCING AN
INTERVIEW OR INTERROGATION
1. Mental Note relying on simple memory.
2. Written Note necessarily be sketchy.
3. Stenographic Notes presence of a stenographer.
4. Sound Recording the simplest and most practical means
of reproducing the interrogation.
5. Sound Motion Combination of sound and sight which
Picture most nearly represents to senses the
event itself.
GENERAL TYPES OF RECORDING
1. Overt Transcript – the recording may
come from the investigator or the
interviewee himself.
2. Surreptitious Transcript – this is the
recording of the interview without the
knowledge of the subject.
CLASSIFICATIONS OF INTERROGATIONS
1. Investigatory Interrogation – is the questioning
of a person by police officers in a routine manner
when the investigation has not yet reached the
stage where an accusation can be made. The
person being questioned is not in legal custody,
and his or her freedom of movement has not
been limited in any significant way.
2. Custodial Interrogation – is the questioning of
a person who has been taken into custody by
police officers or has otherwise been deprived of
his freedom of movement.
INTERVIEW
INTERVIEW
• Interview is the simple questioning of the
person who cooperates with the
investigator.
• An interview is the questioning of person
who is believes to possess knowledge that
is official interest to the investigator. In an
interview, the person questioned usually
gives his account of an incident under
investigation or offers information
concerning a person being investigated in
his own manner and words. (Tradio, 23)
• Background interview is the
simplest type of interview which
concerns itself with the gathering
of information regarding the
background of a person.
A. BACKGROUND INTERVIEW
B. STAGES OF INTERVIEW IN
CRIMINAL CASES
1. Preparation – before the actual interview,
the investigator should mentally review the
case and consider what information the
subject can contribute. He must acquaint
himself with the background of the witness,
plan his interview and when necessary, prove
himself with a checklist of the important
points of the future interview.
2. Approach – on the first meeting, with the
investigator and the witness, the investigators
should inform the subject of his identity. This
is done to avoid misunderstanding for the
C. STAGES OF INTERVIEW IN
CRIMINAL CASES
3. Warming Up – preliminary subject matter of
the conversation must be focused to warm-up
the atmosphere, to promote cordiality and
trust with each other. The witness should be
given every opportunity to give a complete
account without interruption.
4. Questioning – the interviewer or the
investigator should start questioning on
points he wants to elicit. Elements of the
offense and his knowledge of the crime
should guide the investigator in his
questioning. (Tradio,26)
C. TECHNIQUES IN INTERVIEWING
PERSONALITY OF THE SUBJECT
1. Children – the children may indulge in fancy in the course of
the interview. A child under six may invent a story in reply to a
question. An older child from six to ten may tend to distort the
story. The only advantage to an older child is his ability to
observe, remember, and express himself and the absence of
motive and prejudices.
2. Boys – most of the boys are alert and can described events and
objects as they appear to him. His perceptions are not dulled by
age to preoccupation with cares and he has a desire of or to
communicate truth.
3. Girls – girls when young are intensely interested in the world as
it reacts to her. They can be excellent sources of information
because they can observe with interest events intrinsically
boring. But young girls may become dangerous witnesses
because they may permit themselves to place fantastic
interpretations on their action or they may have the tendency
to exaggerate.
C. TECHNIQUES IN INTERVIEWING
PERSONALITY OF THE SUBJECT
4. Young Persons – they usually pre-occupied and
this pre-occupation prevents them from being is\
deal witness. Young persons are inclined to be
truthful, but their testimony is not strengthened by
any great power of observations.
5. Middle-aged Persons – they are keenly aware of
their fellow beings at other age levels. Their
faculties and mature judgment is unimpaired. They
are the ideal witnesses.
6. Older Person – they are physically impaired and
have the tendency to regress, but intelligent. Older
persons are effective witness because of maturity
of judgment.
D. QUALIFICATION OF AN
INTERVIEWER
1.Rapport – good relationship between
the interviewer and the subject. The
investigator must endeavor to win the
confidence of the subject wherever
this is possible.
2.Forceful personality – he may
induce trust and confidence to the
subject by the strength of his
character. He must be sympathetic
and understanding without any air of
D. QUALIFICATION OF AN
INTERVIEWER
3. Breath of Interest – it is necessary for the
interviewer and the subject to develop a
meeting ground of interest. The interviewer
must have sympathetic personality, broad
practical knowledge and knows the
background of the subject. He must be also
acquainted with the social behavior and life
of gamblers, temperament of storekeeper
and etc.
4. Qualities of sales man, an actor and
psychologist – me must possess insight
intelligence and persuasiveness. His speech
G. TYPES AND ATTITUDES OF
SUBJECTS
1. Know–nothing type – these are who are reluctant
to become witnesses and particular true among
uneducated persons.
2. Disinterested type – uncooperative, indifferent
persons must be aroused. He should at first be
flattered to develop a pride in his ability to supply
information.
3. Drunken type – flattery will encourage the drunk
to answer questions and develop interest. It is not
advisable to take written statements from a person
when he is drunk.
4. Suspicious Type – fear must be removed and the
investigator should apply psychological pressure.
G. TYPES AND ATTITUDES OF
SUBJECTS
5. Talkative Type – the investigator must find
ways and means to shift his talkativeness to
those matters useful in the investigation.
6. Honest Type – honest and cooperative
witnesses will be the ideal witnesses with little
care and guidance.
7. Deceitful Type – he should be permitted to lie
until he is well enmeshed with falsehoods and
inconsistencies.
8. Timid Type – the investigator should employ
friendly approach and should spend some time
in explaining that the information obtained will
G. TYPES AND ATTITUDES OF
SUBJECTS
9. Boasting Egoistic, or Egocentric
Witness – patience and flattery are
necessary for they will be good witnesses
because of their drive towards self
expression. Unfortunately they are prone
to color their story and put unwarranted
emphasis in their own part.
10.Refusal to Talk Witness – most
difficult, but the investigator must
preserve and neutral topics must first be
taken.(Garcia,33)
H. TYPES OF WITNESS
1.Primary witness – are
individuals who have direct
knowledge of the crime in
question or of the
suspected perpetrator of
the crime.
H. TYPES OF WITNESS
1. Primary witness – are individuals who have
direct knowledge of the crime in question or of the
suspected perpetrator of the crime.
CLASSIFICATION OF PRIMARY WITNESS
a. Eyewitness - are individuals who saw
the crime occur or saw related events
that occurred just prior to or just after
the crime.
b. Non-eyewitness – are individuals who
heard the crime occur or heard events
just before or after the crime.
H. TYPES OF WITNESS
2. SECONDARY WITNESS - are
individuals who possess information
about related events before or after
the crime. Confidential informants or
“street sources” are most likely to be
secondary witnesses. (Brandl, 204)
• A deposition is the testimony of a witness
reduced to writing under oath or
affirmation, before a person empowered
to administer oaths in answer to
interrogatories and cross-interrogations
submitted by the part desiring the
deposition and the opposite party. (Tradio,
42)
DEPOSITION
1. To provide a written records for the case file.
2. For use by the prosecution at the trial to
refresh recollection, impeach witnesses
3. To discourage a witness from wrongfully
changing his testimony at the trial
4. To enable the prosecution to plan its
presentation by reducing the element of surprise
(tradio,42)
PURPOSE OF OBTAINING STATEMENTS
III. INSTRUMENTATION
• Scientific examination of
real evidence, application
of instrument and methods
of the physical sciences in
detecting crime.
INVESTIGATION OF
CRIMES
CHAPTER IV
I. CASES SUBJECT OF SPECIAL CRIME
INVESTIGATION
Cases subject to special investigation are as follows but
not limited to:
Homicide (generic term which includes murder, parricide
or infanticide)
Sex Crimes
Property Crimes (robbery, theft, arson, carnapping and
estafa)
Kidnapping
Bombing
Falsification of Documents, etc.
II. HOMICIDE (ART. 249, RPC)
• Is committed by any person who shall
kill another without the attendance of
any of the circumstances enumerated
in the crime of murder. (Under Art 248
RPC)
• In homicide, the victim must be killed
to consummate the crime. If the victim
is not killed, it is either attempted or
frustrated homicide
1. That a person was killed
2. That the accused killed him without any
justifying circumstance
3. That the accused had the intention to kill,
which is presumed
4. That the killing was not attended by any of
the qualifying circumstances of murder, or by
that of parricide or infanticide.
A. ELEMENTS OF HOMICIDE:
Homicide killing of one human being
Sororicide killing of one’s sister
Fratricide Killing of one’s brother
Matricide Killing of one’s mother by his own child
Patricide Killing of one’s father by his own child
Parricide Killing of father, mother, child, spouse or relatives in direct
line
Infanticide Killing on child less than 72 hours
Suicide Killing of one’s self
Uxoricide Killing of wife
Regicide Killing of king
Aborticide Killing of fetus
Vaticide Killing of prophet
B. TERMS CONNECTED WITH HOMICIDE
III. MURDER
• Art. 248, Murder – Is committed by 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 if committed with any
of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid
of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity.
2. In consideration of price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a railroad, fall of
an airship, or by means of motor vehicles, or with the use of any
other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding
paragraph or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity.
5. With evident premeditation
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim or outraging or scoffing at his person or
corpse.
A. MURDER
- A crime committed by any person who
shall kill another person with evident
premeditation, treachery, superior strength, aid of
armed men, consideration of prize and reward of
promise and by means of fire, poison, explosion
and other means involving great waste and ruin.
(Under Art 248, RPC)
B. Elements of Murder:
1. That a person was killed
2. That the accused killed him
3. That the killing was attended by any of
the following qualifying circumstances
mentioned in Art. 248; and
4. The killing is not parricide or infanticide
IV. PARRICIDE (ART. 246)
• A crime committed by any person who shall kill his
father, mother, or child, whether legitimate or
illegitimate or any of his ascendants, or
descendants or his spouse, shall be guilty of
parricide and shall be punished by the penalty of
Reclusion Perpetua to death.
Elements of Parricide
1. That a person is killed
2. That the deceased is killed by the accused;
and
3. That the deceased is the father, mother, or
child, whether legitimate or illegitimate
other ascendant or other descendant, or the
V. INFANTICIDE (ART. 255)
• Sec. 7. Art. 255 of the same Code is hereby
amended to read as follows:
• Art. 255, Infanticide – the penalty provided for
parricide in Art.246 and for murder in Art. 248
shall be imposed upon any person who shall kill
any child less than three (3) days of age.
If any crime penalized in this Article be
committed by the mother of the child for the
purpose of concealing her dishonor, she shall
suffer the penalty of prision mayor in its
medium and maximum periods, and if said
crime be committed for the same purpose by
the maternal grandparents or either of them,
the penalty shall be reclusion temporal.
A. INFANTICIDE, define:
• Defined as the killing of any child less than
three days of age, whether the killer is the
parent or grandparent, any other relative of the
child or a stranger.
B. Elements of Infanticide:
1. That a child was killed
2. That the deceased child was less than three
(3) days or (72 hours) of age; and
3. That the accused killed the said child
VI. ROBBERY (ART. 293 RPC)
Robbery is the taking of personal property belonging to another, with
intent to gain, by means of violence against, or intimidation of any person, or
using force upon anything.
A. ELEMENTS OF ROBBERY in general:
1.That there is (1) personal property (2) belonging to another
2.That there is (3) unlawful taking of that property
3.That the taking must be (4) with intent to gain; and
4.That there is (5) violence against or intimidation of any person or
force upon anything.
B. CLASSIFICATION OF ROBBERY
1. Robbery with violence against, or intimidation of persons. Arts. 294 &
297 (attempted and frustrated robbery committed under certain
circumstances) and Art. 298 (execution of deeds by means of
violence or intimidation)
2. Robbery by the use of force upon things (Art. 299 (robbery in an
inhabited house or public building or edifice devoted to worship) and
Art. 302 (robbery in an uninhabited place or in a private building)
VII. ROBBERY BY BAND VS. BRIGANDAGE
Robbery by band is to commit robbery not necessarily in the highway while
brigandage is to commit robbery in the highway or kidnap persons for extortion or
ransom
A. FORCE UPON THINGS
As means of entry, a locked door is broken or forced open. A closed but
unlocked door is not a locked door.
Thru an opening which might not be locked but which is not intended or
designed for entry. If a robber enters a building thru an open or locked
window where he takes personal properties inside, it is robbery
If the door is open or closed but not locked, and once inside breaks open
lacked drawers, furniture’s, wardrobes, safes where personal properties
are taken, it is robbery
If the door is open and used as entry and while inside, the robber brings
out receptacles and while outside breaks open the said receptacles
where personal properties are taken, it is robbery.
The use of picklocks to open doors on locked receptacles inside and
personal properties are taken, it is robbery. Genuine key stolen from the
owner is deemed picklocks.
VIII. THEFT (ART. 308, RPC)
Theft is committed by any person who with intent to gain
but without violence against or intimidation of neither persons nor
force upon things shall take personal property of another without
the latter’s consent.
A. Elements of Theft
1. That there be taking of personal property
2. That said property belongs to another
3. That the taking be done with intent to gain
4. That the taking be done without the consent of the owner
5. That the taking be accomplished without the use of
violence against or intimidation of persons of force upon
things.
IX. QUALIFIED THEFT
If he theft is committed by a domestic servant.
If the theft is committed with grave abuse of confidence.
If the property stolen is (a) motor vehicle (b) mail matter (c)
large cattle
If the property stolen consists of coconuts taken from the
premises of a plantation.
If the property stolen is fish taken from a fishpond or
fishery.
If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular
accident or civil disturbance.
X. SWINDLING/ESTAFA (ART. 315)
It is committed with unfaithful or abuse of
confidence; false pretenses or fraudulent acts; or
through fraudulent
A. Elements of Estafa in general:
1. That the accused defrauded another (a) by
abuse of confidence, or (b) by means of deceit;
and
2. That damage or prejudice capable of pecuniary
estimation is caused to the offended party or
third person.
XI. MALICIOUS MISCHIEF
Is the willful damaging of another’s property for
the sake of causing damage due to hate, revenge or
other evil motive.
A. Elements
1. That the offender deliberately caused
damaged to the property of another.
2. That such act does not constitute arson or
other crimes involving destruction.
3. That the act damaging another’s property be
committed merely for the sake of damaging it.
XII. CARNAPPING (R.A. NO. 6539)
"Carnapping" is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter's consent, or by means of violence against
or intimidation of persons, or by using force upon things.
A. ELEMENTS:
1. Unlawful taking
2. Intent to gain
3. Motor vehicle belonging to another
4. Without consent of the owner
5. By violence or intimidation against persons or force upon things.
B. Detection of Stolen Vehicle
• No license plate number
• Sporting improvised plates
• Abandoned vehicles
• Fake license plates or stickers
• No sticker for the current year
• Plates do not correspond to the year and model of the vehicle
XIII. MACRO ETCHING
It is the chemical process of determining the
authenticity of the engine and chassis numbers of a
motor vehicle which is a requirement before a
clearance is used for registration of newly transferred
vehicle from the dealers, owners or buyers.
The examination of the serial number of engine
and chassis of a motor vehicle by a Crime
Laboratory Technician by means of applying
chemicals solution on the said serial numbers to
determine whether there is tampering and for
possible restoration of the tampered serial numbers.
XIV. MICRO ETCHING
Another chemical process of
restoring erased or tampered engine
or chassis numbers. Macro etching
determines the authenticity of the
engine and chassis numbers of the
motor vehicle which is the
requirement for registration
XV.ARSON INVESTIGATION
Arson, defined as the intentional or malicious
destruction of a property by fire. It is also
defined as the criminal burning of property.
A. Elements:
1. Actual burning took place.
2. Actual burning is done with malicious
intent.
3. The actual burning is done by person(s)
legally and criminally liable.
XV.ARSON INVESTIGATION
B. Levels of Offense for Arson:
1. ATTEMPTED ARSON – there is an attempt when
the offender commences the commission of a felony
directly by overt acts and does not perform all the acts
of execution which should produce the felony by
reason of some cause or accident other than his own
spontaneous desistance.
Example: Oscar gets a rag and soaks it in kerosene with intent to burn
the house of Wiggy, his enemy. Oscar puts the rag in a combustible
portion of Wiggy’s house and when in the act of striking his match in
order to burn the rag soaked with kerosene, Oscar is arrested by a
policeman who happens to pass by.
XV.ARSON INVESTIGATION
B. Levels of Offense for Arson:
2. FRUSTRATED ARSON – it is frustrated when
the offender performs all the acts of execution which
would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes
independent will of the perpetrator.
Example: Recmar prepares a kerosene-soaked rag and
places it in the combustible portion of Larpy’s house with
intent to burn the latter. Recmar lights the rag and while
the latter is burning he runs. Before the fire emitting from
the rag consumes any part of the house, Larpy, the owner
discovers the fire and puts it out.
XV.ARSON INVESTIGATION
B. Levels of Offense for Arson:
3. CONSUMATED ARSON – a felony is
consummated when all the elements necessary for its
execution and accomplishment is present.
Example: Diwata, with intent to burn, lights a rag
soaked with kerosene in the combustible part of
Rosmar’s house, but before the fire was
extinguished by Rosmar, it had already burned a
small portion of the house.
XV.ARSON INVESTIGATION
C. Authority in the conduct of Fire / Arson Investigation:
•The investigation of all fire incident and arson cases shall be
referred to or turned over to the Bureau of Fire Protection, in
reference to the provisions of Section 50, R.A. 6975.
D. Basic Methods of Fire Investigation:
1. Preservation of the Fire Scene
2. Examination of the Fire Scene
3. Recording the Fire Scene
4. Fire Scene Sketch
5. Physical Evidence Examination and Testing
6. Sources of Information
7. Preliminary interview with the owners / occupants
8. Insurance Firm
9. Neighborhood Inquiry
10. Public Records
XV.ARSON INVESTIGATION
E. How to Locate the Origin of Fire:
• By witnesses (the first who discover the fire)
• Low point of the building - the lowest point of burning should be given
the outmost consideration in locating the origin. Fire will normally burn
upward.
• Charring (Alligatoring) - the char will generally be deepest from where
the fire originated. When the fire is extinguished quickly, the charring is
only slightly below the surface.
F. Color of the Smoke:
• Steam and smoke – presence of humid substances in contact with
combustible materials
• White smoke – indicates the presence of phosphorous.
• Grayish smoke – caused by ashes and soot of loosely packed materials
such as straw or hay.
• Black smoke – coming from a material with petroleum base such as
rubber, tar, coals, turpentine or petrol gum.
• Reddish brown or yellow smoke – presence of nitrates or substances
compounded with nitrates such as nitric acid, plastics, film or cellophanes
XV.ARSON INVESTIGATION
G. National Fire Protection Association (NFPA) Classes of Fire:
1. Class A Fires – fires involving common combustible materials,
which can be extinguish with the use of water or water solutions.
2. Class B Fires – fires involving flammable or combustible
liquids, flammable gases, greases and similar products.
3. Class C Fires – fires involving energized electrical equipment,
conductors or appliances.
4. Class D Fires – fire involving combustible metals, e.g.
magnesium, potassium, titanium etc. the reaction is fast if the
metal is in powdered form.
5. Class K Fires - those fires that involve combustible cooking
materials such as vegetable oils that are used in cooking
operations. These types of fires tend to spread rapidly and can
result in injuries and massive building damage.
XV.ARSON INVESTIGATION
H. Methods of Fire Fighting:
1. Cooling – is done by adding water to reduce the
temperature of the fuel below its ignition temperature.
2. Smothering – is done by separating the fuel from
oxygen
3. Oxygen dilution – is done by reducing the amount of
available oxygen needed to sustain combustion.
4. Fuel removal – is usually done in small fires and forest
fires. When fuel is removed fire no longer continues.
5. Chain breaking – is done by disruption of the chemical
process that sustains fire
XVI. ANTI- FENCING ACT (PD 1612)
Fencing – is the act of any person who, with intent to gain
for himself or for another shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy, sell, or in
any other manner deal in any article, item, objector
anything of value which he knows, or should be known to
him, to have been derived from the proceeds of the crime
of robbery or theft.
Fence – includes any person, firm, association, corporation
or partnership or other organization who/ which commits
the act of fencing.
Presumption of Fencing – mere possession of any goods,
article, item, object, or anything of value which has been
the subject of robbery or thievery shall be prima facie
evidence of fencing.
CRIME SCENE
SEARCH
CRIME SCENE SEARCH
Gathering recording and preserving evidence in a crime
scene is a necessary job in an investigation. Insufficient search
or delay on the part of the investigator in conducting the search
could affect the result of the investigation.
Moreover, the investigator should also consider or give
extra care in crime scene operation, since all the necessary
evidence in connection of the crime are there. The evidences
must be in position by the time the suspect leave the scene
until the investigator arrives therein.
Furthermore, the investigator places himself at a spot
where there are no physical evidence that will be tampered and
comes an estimated to what form of search will be employed.
From here, he could determine the different angles and views
to take the photographs of the scene.
CRIME SCENE SEARCH
I. CRIME SCENE
• It is not merely the immediate area where a
body is located or where an assailant
concentrated his activities but also the place of
retrieval of physical evidence, which includes
the vehicles and its access and escape routes.
(Jaudian)
II. GOLDEN RULE AT THE CRIME SCENE:
• “Never touch or move any object at the crime
scene unless properly photographed, measured
and indicated in the sketch”. (Garcia)
CRIME SCENE SEARCH
III. Standard Methods of Recording Investigative
Data:
a. Photographs
b. Sketching crime scenes
c. Written notes
d. Developing and lifting fingerprints found at the
crime scene;
e. Gathering physical evidence
f. Tape recording of sounds
g. Video tape recording of objects
h. Written statements of subject(s) and witnesses
CRIME SCENE SEARCH
III. Standard Methods of Recording Investigative Data:
• STAGES OF A CRIME SCENE SEARCH
1. Approach Scene
2. Secure and Protect
3. Preliminary Survey
4. Narrative Description
5. Photograph the Scene
6. Sketch the Scene
7. Evaluation of Latent Fingerprint Evidence or physical Evidence
8. Detailed Search
9. Collection, Recording, Marking and Preservation of Evidence
10. Final Survey to insure conditions of the crime scene have been
documented as thoroughly as possible
11. Release of Scene
CRIME SCENE SEARCH
IV. CRIME SCENE PROCESSING
a. Processing and Securing a Crime Scene – processing a
crime scene includes the application of diligent and careful
methods by an investigator/policemen to recognize, identify,
preserve and collect fact and items of evidentiary value that
may assist in reconstructing that which actually occurred.
b. Protecting the Crime Scene and the Evidence – successful
crimes scene processing depends upon the policeman's or
investigator's skill in recognizing and collecting facts and items
of value as evidence, and upon his ability to protect, preserve,
and later, to present these in a logical manner.
c. Laboratory examination of objects and substances located
usually at the crime scene – objects and substances needing
examination in some cases are carried, intentionally or
unintentionally, by suspects from the crime scene.
CRIME SCENE SEARCH
V. Investigator’s Notebook:
Purpose: Considering the mass of details and the number of
cases which in some instances an investigator is handling, it
is very possible that he might forget some details. Many of
the details associated with the investigation, while not
essential to the report, might become points of interest to the
court when the case is brought to trial. Experienced
investigators employ a notebook to record the relevant
details of the case. During trial, the court allows investigators
to consult their notes to refresh their memory.
Recording Note: The data of the investigation should be
recorded in a complete, accurate and legible fashion so that
in the event another investigator is required to assume
responsibility for the investigation, he can make intelligent
use of the notebook.
CRIME SCENE SEARCH
VI. Common Investigation Oversights:
1. Incomplete Case Folder – lack of material documentation of the
case under investigation.
Recommended Remedies – include the police reports in
chronological order such as police blotter, spot, progress
and final investigation report. Also, append the scene of
crime operation reports, forensic reports and photographs.
Further, if possible, attach the profile of victim/s and
suspect/s, as well as the status of the party involved and
the case.
2. No template for the conduct of investigation – police
personnel are not knowledgeable about crime scene
preservation and basic investigation.
Recommended Remedies – every police personnel should
mandatorily undergo investigation training giving priority to
those in the field units.
CRIME SCENE SEARCH
VI. Common Investigation Oversights:
3. Inadequacy of coordination – the SOCO, investigators,
prosecutors and other concerned agencies work separately and
independently in the conduct of their investigation.
Recommended Remedies - case conferences should be
encouraged at the start of the investigation. The conferences
should be attended by the SOCO, investigators, prosecutors,
IBP lawyers and other concerned agencies in order to ensure
the coordinated actions in the preparation of an air-tight case
folder.
4. Failure to prosecute – pertains to absence of police investigator
during trial to act as prosecutors witness due to retirement and
transfer of concerned investigator.
Recommended Remedies – proper turn-over of case folders
handled by investigators who shall retire or be
transferred, as requisite before the issuance of office
clearance.
CRIME SCENE SEARCH
VI. Common Investigation Oversights:
5. Chain of Custody – non-observance of proper
documentation in the turn-over of evidence from one officer to
another or one office to another.
Recommended Remedies – documentation on the turn–
over of evidence with actual receipt should be observed
and non-observance should be the basis for
administrative sanctions.
6. Less appreciation of electronic evidence – police
investigators take for granted the electronic devices such as
cell phones, computers and other electronic devices can be
processed to give investigative leads.
Recommended Remedies – proper training on the
preservation and processing of electronic devices
should be prioritized for all investigators in the field
CRIME SCENE SEARCH
VII. General Investigative Procedures:
A. PURPOSE
• This investigative procedure is designed to adapt to
the current trends in modern investigation, in line
with the PNP Integrated Transformation Program
which seeks to improve and integrate the different
manuals used by the PNP to serve as guide in all
aspects of police investigation.
• It also aims to come up with a definite investigative
procedure on specific cases from the time the
incident happened, until the case is filed, which will
be adopted by the PNP investigators in pursuing
their mandated tasks.
CRIME SCENE SEARCH
VII. General Investigative Procedures:
B. PROCEDURES
i. Upon receipt of call/walk-in complainants
Duty Desk Officer shall:
a) Record the time it was reported;
b) Get the identity of the caller/complainant;
c) Get the place of the incident
d) Get the nature of the incident
e) Get the number of victim/s;
f) Record a brief synopsis of the incident
g) Direct the nearest mobile car/beat patrollers or the nearest police
precinct to act as first responder equipped with “police line” to secure
the place of incident a camera; and
h) Inform the duty investigator (preferably one team of investigators)
CRIME SCENE SEARCH
VII. General Investigative Procedures:
B.2. At the Crime Scene:
Check the condition of the victim while the other members
of the first responders shall simultaneously secure the area by
putting a police line or any material (like rope, straw and etc.).
a. If in serious condition:
1. Bring the victim immediately to the nearest hospital using emergency
services;
2. Photograph and make a sketch of the victim (if the victim is dead);
3. Get the dying declaration; if necessary (ask 3 questions)
• Ano ang pangalan at address mo?
• Kilala mo ba ang gumawa nito sa iyo?
• Sa pakiramdam mo ba ay ikamamatay mo ang tinamo mong
sugat?
CRIME SCENE SEARCH
VII. General Investigative Procedures:
B.2. At the Crime Scene:
Check the condition of the victim while the other members of the first
responders shall simultaneously secure the area by putting a police line or any
material (like rope, straw and etc.).
b. If not in serious condition
1. Bring the victim immediately to the nearest hospital
using emergency services;
2. Get the identity and other data of the victim;
3. Get initial interview from the victim
CRIME SCENE SEARCH
VII. General Investigative Procedures:
B.2. At the Crime Scene:
c. If the suspect is arrested at the scene
1. Get the names of the persons who turned-over or arrested the
suspect.
2. Isolate the arrested suspect/s and separate them from any probable
witness of the incident
3. Record what time the suspect was arrested
4. Wait for the investigator to interview the suspect
5. If the suspect volunteers any statement, take note of the time,
location and circumstances of the statements
Other Considerations:
• Recording of pertinent information such as time, date and place of incident, weather
condition, names and addresses of witnesses.
• Note the position of the victim upon arrival/discovery of the victim.
• Take notes the identity of person/s who entered the crime scene prior to the arrival of the
investigator and the SOCO.
CRIME SCENE SEARCH
VII. General Investigative Procedures:
C. Duties of First Officer at the Crime Scene:
The success of an investigation depends to a large extent on
the actions taken by the first officer to arrive at the crime
scene. He should follow correct procedures – not to make an
error - by what he does or fails to do.
Be sure not to destroy or change anything which
may serve to reconstruct the crime. Do not inadvertently add
material which may be misleading to the investigators. Do
not approach the scene too quickly. Movements should be
calm and deliberate. Always suspect the worst.
Do not approach the situation with a mind already
made-up. Errors committed in safeguarding and examination
of the crime scene can never be corrected. Always record
the exact time: time the call was received, time of arrival at
the crime scene, and time of departure.
CRIME SCENE SEARCH
VII. General Investigative Procedures:
D. First Responder (FR), defined:
• Are members of the PNP or other law
enforcement agencies who are mandated
and expected to be the first to respond to
calls for assistance in cases of incidents of
crime.
CRIME SCENE SEARCH
VII. General Investigative Procedures:
E. Investigation Procedure at the Crime Scene:
1. Receive the crime scene from the first responder.
2. Record time/date of arrival at the crime scene, location of the scene, condition of the
weather, condition and type of lighting, direction of wind and visibility.
3. Photograph and/or video the entire crime scene.
4. Before entering the crime scene, all investigators must put on surgical gloves.
5. Before touching or moving any object at the crime scene in a homicide or murder case,
determine first the status of the victim, whether he is still alive or already dead. If the
victim is alive, the investigator should exert effort to gather information from the victim
himself regarding the circumstances of the crime, while a member of the team or
someone must call an ambulance from the nearest hospital. Before removing the victim,
mark, sketch and photograph his/her relative position. Only a coroner or a medical
examiner shall remove the dead body unless unusual circumstances justify its
immediate removal.
6. Designate a member of the team or ask other policemen or responsible persons to stand
watch and secure the scene, and permit only authorized persons to enter the same.
7. Identify and retain for questioning the person who first notified the police, and other
possible witnesses.
8. Determine the assailant through inquiry or observe him if his identity is immediately
apparent. Arrest him if he is still in the vicinity.
9. Separate witnesses in order to get independent statements.