Florencio L Vargas College

College of Criminology
Tuguegarao City, Cagayan
Fundamentals of Criminal Investigation
Mid-Term Examination
Name:_________________________________________ Year and Block:______________
I.

True or False

Directions: Read each statement below carefully. Place a letter T on the blank if you think a
statement is TRUE. If you think the statement is incorrect, underline the wrong word or words
and put the correct word on the blank to make the statement correct.
_____________ 1. A person arrested by virtue of warrant of arrest is covered by criminal
investigation and must not be placed under custodial interrogation for obvious reason that he is
already held accountable to that particular crime before the court of justice.
_____________ 2. When the person arrested by virtue of a warrant of arrest is likewise being held
for a separate distinct criminal complaint which is the subject matter of another criminal interview.
_____________ 3. When the person arrested by virtue of a warrant of arrest is charge in court as
Jose Doe or Ric Doe, and for which criminal investigation is a necessary incident to establish his
real identity, name surname through cartographic sketches and available witnesses.
_____________ 4. A person placed under arrest as an incident to the execution and
implementation of a search warrant found in possession of recently stolen articles
_____________ 5. The term at large is not synonymous to fugitive from justice, the former not
being a wanted person in the eyes of the law, and therefore cannot be lawfully arrested without a
warrant.
_____________ 6. Fugitive from justice is an escapee from detention or an escaped prisoner while
serving sentence by virtue of a final judgment rendered by a court of competent jurisdiction that can
be legally arrested.
_____________ 7. 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.
_____________ 8. All arrests should be made only on the basis of a valid Warrant of Arrest issued
by a competent authority, except in instances where the law allows warrantless arrest.
_____________ 9. No violence or unnecessary force shall be used in making an arrest, and the
person to be arrested shall not be subjected to any greater restraint than what is necessary under
the circumstances.
_____________ 10. As a general rule, arrests can be made on any day of the week and at any
time of the day or night.
_____________ 11. Only judges are authorized to issue Warrants of Arrest.
_____________ 12. A Warrant of Arrest is no longer needed if the accused is already under
detention.
_____________ 13. An Order of Commitment is issued by the judge in lieu of the Warrant of Arrest.
_____________ 14. A Senator or Member of the House of the Representatives is immune from
arrest while Congress is in session for an offense punishable by not more than six years of
imprisonment.
_____________ 15. Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations
Representatives are immune from arrest.
_____________ 16. The Warrant Arrest is the written authority of the arresting officer when making
an arrest or taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
_____________ 17. The head of the office to whom the warrant of arrest has been delivered for
implementation shall cause the warrant to be implemented within ten (10) days from receipt.
_____________ 18. Within ten (10) days after the expiration of such period, the police officer to
whom it was assigned for implementation shall make a report to the judge who issued the warrant
and in case of his failure to implement the same, shall state the reasons thereof.

_____________ 19 A peace officer or a private person may, without a warrant, arrest a person,
when, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense.
_____________ 20. A peace officer or a private person may, without a warrant, arrest a person,
when, an offense has just been committed and he has probable cause to believe, based on
personal knowledge of facts or circumstances, that the person to be arrested has committed it.
_____________ 21. A peace officer or a private person may, without a warrant, arrest a person,
when, the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement area to another.
_____________ 22. A peace officer or a private person may, without a warrant, arrest a person,
where the accused released on bail attempts to leave the country without court permission.
_____________ 23. A peace officer or a private person may, without a warrant, arrest a person,
when there is violation of conditional pardon, punishable under Article 159 of the Revised Penal
Code as a case of evasion of service of sentence.
_____________ 24. Arrest following a Deportation Proceeding by the Immigration Commissioner
against illegal and undesirable aliens.
_____________ 25. After the arrest of the suspect, the police officer shall immediately inform him
the cause of arrest and apprise him the Miranda Rights.
_____________ 26 You have the right to remain silent and to have a competent and independent
counsel of your own choice, and if you cannot afford the services of the lawyer, one shall be
provided for free by the government. Any statement made by you during investigation may be used
for or against you in any Court of Law of the Philippines.
_____________ 27. Verify the validity of the warrant and request for an authenticated copy from
the issuing court.
_____________ 28. In serving the warrant, the police officer should introduce himself and show
proper identification.
_____________ 29. Make a manifestation of authority against the person to be arrested.
_____________ 30. If refused entry, the police officer may break into any residence, office,
building, and other structure where the person to be arrested is in or is reasonably believed to be in,
after announcing his purpose.
_____________ 31 The police officer need not have a copy of the warrant in his possession at the
time of the arrest. If the person arrested so requires, the warrant shall be shown to the arrested
person as soon as possible.
_____________ 32. Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals or the arrested person himself.
_____________ 33. Conduct thorough search for weapons and other illegal materials on the
person arrested and surroundings within his immediate control.
_____________ 34. Inform the person to be arrested of his rights under the law i.e. Miranda
Warning and Anti-torture Warning.
_____________ 35. No unnecessary force shall be used in making an arrest;
_____________ 36. Confiscated evidence shall be properly documented with the chain of custody
of evidence duly and clearly established;
_____________ 37. Bring the arrested person to the Police Station for documentation;
_____________ 38. Make a Return of Warrant to the court of origin after the arrest.
_____________ 39. Deliver the arrested person to jail/prison upon the issuance of a commitment
order of the court.
_____________ 40. Freeze or restrain the suspect/s is the first step in effecting Warrantless Arrest.
_____________ 41. In effecting Warrantless Arrest, make proper introduction as to identity and
authority to arrest.
_____________ 42. It shall be the duty of the police officer implementing the Warrant of Arrest to
deliver the arrested person without delay to the nearest Police Station or jail to record the fact of the
arrest;
_____________ 43. At the time of the arrest, it shall be the duty of the arresting officer to inform the
person arrested of the cause of the arrest and the fact that a warrant had been issued for his arrest.
_____________ 44. The arresting officer need not have the warrant in his possession at the time of
the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him
as soon as possible;
_____________ 45. When women or children are among the arrested suspect/s, the arresting
officer shall task the Womens and Childrens Protection Desks (WCPD) officer or a policewoman
who is familiar with women and children protection desk duties to conduct the pat-down search;

_____________ 46. In case of arrest without a warrant, it shall be the duty of the arresting officer to
inform the person to be arrested of his authority and the cause of the arrest except when he flees or
forcibly resists before the arresting officer has the opportunity to inform him or when the giving of
such information will imperil the arrest.
_____________ 47. The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he makes could be used against him.
Also, that he has the right to communicate with his lawyer or his immediate family and the right to
physical examination;
_____________ 48. A person arrested without a warrant shall be immediately brought to the proper
Police Station for investigation without unnecessary delay. He shall be subjected to inquest
proceedings within the time prescribed in Article 125 of the Revised Penal Code (RPC).
_____________ 49. No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against an arrested person. The bringing of arrested persons to
secret detention places, solitary confinement and the like is prohibited.
_____________ 50. If the person arrested without a warrant waives his right under the provisions
of Art 125 of the Revised Penal Code, the arresting officer shall ensure that the former signs a
paper of detention in the presence of his counsel of choice.
II.

Enumeration

Directions: Give the following:

1-3 Tools of Investigation
4-5 Types of Criminal Investigation
6-8 Circumstances on Warrantless Arrest
9-10 Kinds of Arrest
11-15 Give at least five procedures on arrest with warrant
16-20 Give at least five procedures on arrest without warrant
III.

Essay

Directions: Explain the following:

1. In flagrante Delicto Rule (10 points)
2. Hot Pursuit Rule (10 points)
3. Arrest on Fugitive from Justice(10 points)

God Bless!