CDI1 FUNDAMENTALS OF CRIMINAL INVESTIGATION

PART I – GENERAL PRINCIPLES

Crime Investigation – it is an art which deals with the collection of FACTS to accomplish the threefold AIMS:
a. to identify the suspect;
b. to locate the suspect; and
c. to provide evidence of his guilt or innocence.

Other Terminologies
Motive - It refers to reason that impels a person to commit criminal act for definite result.
Intent - It is the accomplishment of the criminal act.
Inductive Reasoning - It forms a general conclusion after further investigation and evidence gathering.
Deductive Reasoning - It forms a general conclusion prior to having a complete explanation based on facts.
Passive Effect - the criminal may bring away something with him from the crime scene.
Active Effect - the criminal might have left something on the crime scene.
Cold Case - It is a dormant case where a suspect or witness has the luxury or ample time to mull over the ramifications of the case and to put their alibi or
defense or otherwise form subjective impression of the case.
Hot Case - It is the violation of law has just been unearthed or discovered and the suspects or the witnesses to the case are still emotionally upset or excited.

INVESTIGATOR/PROBER – is the key figure in the crime investigation who is charged with the duty of carrying on the threefold aims of crime investigation.
His/her primary job is to discover whether or not an offense has been committed under the law, after determining what specific offense has been committed.
Qualities of good investigator:
1. The ability to persevere or stick to task despite of the monotony and the many obstacles which surrounds it.
2. He must have certain abilities and an intelligence which would enable him to acquire information easily and readily and to
use this information truthfully.
3. He must be honest. He must be incorruptible and must possess personal integrity.
4. He must have understanding (weaknesses and strength) of the people and the environment where he/she lives.
5. He must have a keen power of observation and accurate description.

Six Cardinal Points of Investigation

a. WHEN the crime was committed? d. WHAT specific offense has been committed?
b. WHERE the crime was committed? e. WHY it was committed?
c. WHO committed the crime? f. HOW the crime was committed?

Golden Rules to be observed by the Investigator:

1. Identify and if possible, retain for questioning the person who first notify the first responder.
2. Determine the perpetrator by direct inquiry or observe him, if his identity is immediately apparent.
3. Detain all person present at the scene, if possible.
4. Summons assistance, if necessary.
5. Safeguard the area by issuing appropriate orders and/or by physically isolating it.
6. Permit only authorized persons to enter the area.
7. Separate the witnesses so as to obtain independent statements.
8. Do not touch or move any object.
9. Definitely assign the duties of search if assistants are present.
NOTE: Exception to the “do not touch or move any object rule”: When the victim is still alive, the investigator should try to gather or acquire
information from the victim himself with regard to the surrounding circumstances of the crime, while assistance is calling for an ambulance from the
nearest hospital.

Important Principles in Crime Investigation

1. Thoroughness - The investigator is duty bound to gather all pieces of evidence to prove the guilt of the suspect/accused beyond reasonable doubt. He
should:
a. Establish corpus deliciti or the fact that the crime has been committed;
b. Identify and associate/ link the suspect to the crime as testified by reliable witnesses supported by physical or object
evidence;
c. The chain of custody of evidence and its connection to the suspect must be shown in an orderly and logical fashion.
NOTE: This completes the process of proof as described in the phrase “establishing the elements of the offense.”

2. Legality - That the evidence should be gathered in the manner prescribed by the Constitution, existing laws, “jurisprudence rules and regulations such as:
a. 1987 Constitution
b. R.A. 7438
c. Rules on Criminal Procedure
d. Supreme Court ruling as: “Just been committed” “fruits of poisonous tree” etc.

Three Tools of Investigation (3 I’s)

1. Information – it refers to the facts of the crime that would answer the 5 w’s and 1 h. This will be obtained from witnesses who have personal knowledge,
regular, cultivated or grapevine sources. The skills in intelligence and data gathering play an important role.
regular sources
2. Interrogation – refers to the elicitation of information from an individual who refuses to provide information. The ability to obtain information by
questioning is the most prized talent of the prober. Interview – it is the simple questioning of victims and witnesses who are voluntarily reveal information in
connection with matters to be investigated.
Purposes of Interrogation
a. To obtain confession of the crime.
b. To induce the subject to make admission.
c. To learn identity of the accomplishes.
d. To learn the facts and circumstances surrounding the crime.
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 in by the suspect.
3. Instrumentation – it refers to the application of the instruments of physical sciences to the detection of the crime such as the modern techniques in the
field of forensic sciences. It is also known as CRIMINASLISTICS.

PHASES OF CRIME INVESTIGATION

Phase I – The fact that the crime happened is established. The investigation will commence when the Crime Incident comes into the knowledge of those who
would be the First Responders.
Phase II – Identify the suspect through:
A. Confession/Admission
Admission – is a self-incriminatory statement by the subject falling short of an acknowledgment of guilt. It implicates but does not incriminates.
Confession – is a direct acknowledgment of the truth of the guilty fact as charged or of some essential part of the commission of the criminal act itself.
Kinds of Confession:
a. Extra judicial – confession made outside the court during preliminary investigation before trial.
b. Judicial – confession made inside the court during trial. Guidelines in taking Admission and Confession
1. Must be in writing.
2. Executed under oath.
3. Written in language understand by the accused.
4. Must be voluntary and freely.
5. Taken in the presence of counsel chosen by the accused.

B. Accounts or Testimonies of Witnesses – accuracy of the identification by eyewitness accounts would depend on the following factors:
1. Ability to remember the distinct appearance of the subject.
2. Prevailing conditions of observation and visibility when the crime was committed.
3. Lapse of time in the identification process.

METHODS OF IDENTIFICATION BY WITNESS

1. Verbal Description
2. Photographic Files (Rogue’s Gallery)
3. General Photograph
4. Artist’s Assistance
5. Police Line-up - It is used as a means of selecting a suspect from a group of innocent persons which eliminate the power of suggestion. This is conducted
with seven (7) to ten (10) persons with almost the same appearance as to height, hair color and clothing. During identification, the line-up members should
not talk, unless voice identification is required. If there are more than one witness, they should make their identification separately and should not be allowed
to confer with each other, until they have indicated their individual decisions to the investigator.

C. Circumstantial Evidence - It is the identification established indirectly by proving other facts or circumstances from which the identity of the perpetrator
can be inferred. This evidence is sufficient to produce conviction when:
1. there are more than one circumstances
2. the facts from which the inferences derived are proven
3. the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt

Inferences to prove identity by circumstantial evidence:

1. Motive – desire for revenge, personal gains, or other reasons.
2. Opportunity – physical possibility that the suspect could have committed the crime, which may be:
a. suspect could have been at the vicinity of the crime.
b. knowledge of criminal objectives.
c. absence of alibi
D. Associative Evidence - These are the physical evidence which may identify the criminal by means of clues, personal properties, or the characteristic
patterns of procedure deduce from the arrangement of objects at the crime scene, such as weapons, tools, garments, fingerprints, foot impressions, and others.

MODUS OPERANDI
Major General Llewely Atcherly devises the first modus operandi file. It is a human nature that personal habit and mannerism do not change easily but
remains with the individual for years. It signifies the method of operation or the distinct manner of how crimes are committed by known criminals. It includes
nature of stolen property, description, observation at the scene, motive, time and peculiarities.

Phase III – Locate and apprehend suspect.

Phase IV – Gather and provide evidence to establish the guilt of the accused (In proving the guilt of the accused in court, the fact of the existence of the crime
must be established, the accused must be identified and associated with the crime, competent and credible witnesses must be available and the physical
evidence must be appropriately identified. The investigator must know by heart the elements of specific crime.
The Crime Scene - It is the location which a suspected criminal offense has occurred. It is considered as the most important phase of the investigation. It
focuses on the search of pieces of evidence. Thus, these are very significance in the judicial process to obtain conviction.

Physical Evidence - It comprises all objects and materials in connection with an investigation that are instrumental in discovering the facts. It can
prove that the crime has been committed or establish by element of the crime, establish the identity of the suspect, exonerate the innocent, corroborate the
victim’s testimony; lead to admission or confession; more reliable than the statement of witness; and provide useful information.
Kinds of Physical Evidence
1. Corpus Delicti – objects or substance which are essential parts of the body of the crime.
2. Associative Evidence – it links the suspect to the crime scene or offense.
3. Trace Evidence – articles that can establish the physical contact of suspect with the victim to probe his physical presence in the crime scene.
4. Indirect/circumstantial evidence - evidence which tends to incriminate a person such as footprints found at the scene.

Standard Methods of Recording Investigative Data

A. The Investigator’s Notebook
Due to the number of cases handled by an investigator is, 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. Thus, it is necessary to 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.
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.
B. Crime Scene Photography The main objective is to create visual record of the crime scene before any item is moved as possible physical evidence. Take
photograph of the Crime Scene, WITHOUT AND WITH MARKERS.
The Guidelines for Taking Photographs of the Crime Scene
1. Photographs of the crime scene should be taken as soon as possible, before note taking, sketching or a search for evidence begins.
2. The pictures should illustrate the original, uncontaminated condition of the crime scene.
3. Photographs should be taken off the crime scene only, without spectators or police personnel.
4. The photographs must form an organized sequence and show all relevant locations and objects.
5. The crime scene photographs must progress from general to specific.

Procedure in Photographing the Crime Scene

1. General View or Long-range – General View or long- range photographs of the overall scene fundamentally are taken to portray the areas as if a person
viewing the scene is seeing it from the standing position. To obtain this result, the photographer takes the photograph with the camera at eye level. It is done
in overlapping method.
2. Medium View or Mid-range - Medium view or mid-range photographs are taken in a manner which portrays the scene from approximately ten to twenty
feet of distance from the subject. In order that the viewer be permitted to associate the crime scene with separate areas of the scene photographed, these
areas should contain sufficient details to permit the viewer association.
3. Close-up Range View – Close-up range photographs are normally taken approximately five feet or less from the subject. The attention of close-up
photography is directed to object which could be effectively seen in the long-range and mid-range photographs.

The Photographer’s Note - Notes are valuable not only as an aid to an accurate recall of events to be testified to in court, but also to furnish the raw material
needed in the written formal report of the case. A different notebook/photo log should be used for each separate case and it should be kept permanently in a
safe place.
Photo Log:
-Name of the photographer - Date photos were taken
- Name of the logger - Type of investigation
- Case number - Time photo taken
- Date of incident - Location of photo Click me for sample crime scene photos

Photo Log: Individual Photos

- Date and time of exposure - Distance between camera and subject
- Roll number - Type of photograph taken (close up, mid…)
- Exposure number - Brief description of photo
- Camera settings (lens, f/stop, shutter speed) - Use of tripod or flash (with setting)

The Crime Scene Sketch

The sketch is useful in questioning the suspects and witnesses as well as in the writing of investigation report. A sketch is prepared indicating the
actual measurement of things with scale and proportion observed and oriented to the North. All necessary information are placed in the sketch in connection
with crime being investigated. The sketch is an excellent companion of photograph. Where Photograph provide exact details while Sketch offer accurate
information about the placement of objects and they show the relationship and distance between things.
The Elements Sketch
1. Measurement 4. Scale & Proportion
2. Compass Direction 5. Legend
3. Essential Elements 6. Title

Specific Kinds Sketch

1. Sketch of Locality- give picture of the scene, the crime and its environs including buildings roads to show the possible entrance and exit points.
2. Sketch of Ground – picture of the scene of the crime with its nearest physical surroundings.
3. Sketch of Details - the immediate scene only

Types of Measurements
1. TRIANGULAR COORDINATES

2. RECTANGULAR COORDINATES

3. BASELINE COORDINATES

Types of Sketch
1. Rough – made by the prober at the crime scene. No scale proportion is ignored and everything is approximated. It is to be used as a basis of the finished
sketch.
2. Finished – made primarily for courtroom presentation. All elements of sketching must be present.
Rules for Sketching
1. Never forget to determine the direction of the compass. Draw it on the sketch.
2. Control measurements. Do not rely on others to give them.
3. Do not draw things where are clearly irrelevant to the case.
4. Never rely on memory to make corrections at the station, or any other place removed from the scene of the crime.
5. The scale must be drawn on the sketch. If the camera has been used, mark its position on the sketch.

Two Types of Crime Scene Reconstruction

1. Physical Reconstruction – appearance of the crime scene is reconstructed from the description of the witnesses and the indication of physical evidence.
2. Mental Reconstruction – crime scene is reconstructed based on the consistency of the accounts of various witnesses. No assumption should be made
concerning actions which are not supported by pieces of evidence.

THE CRIME SCENE SEARCH - The Search for physical evidence is done using the accepted methods of search depending upon the actual location to be
searched. A Crime Scene Search could only be started after it has been photographed and sketched. There is no hard and fast rule as to the specific method of
search to be employed. Situation will decide as to what method is to be employed. Any method is correct but the search must be orderly, optimistic and
thorough. The main objective of crime scene search is to systematically look for physical evidence that may prove useful in establishing that a crime has been
committed.

Different Crime Scene Search

1. Strip Method (Line Search) It involves the demarcation of a series of lanes down which one or more persons proceed. Upon reaching the starting point,
the searchers proceed down their respective lane, reverse the direction, and continue in this fashion until the scene has been thoroughly examined.
2. Grid Method (Double Strip Search) The researcher performs first the strip method and after which turns and proceed back along new lanes but parallel to
the first movement. This method offers the advantage of being more methodological and through; examined from two different viewpoints, the area
is more likely to yield evidence that might have been overlooked.
3. Spiral Method It is usually employed in outdoor scenes and is normally executed by a single person. It involves the searcher’s walking in slightly ever-
decreasing; less-than-concentric circles form the outermost boundary determination towards a central point and vice-versa.
4. Zone Method (Quadrant Search) It requires that area should be divided into four quadrants, each of which is then examined using of the methods
previously described. Where the area to be searched is particularly large, a variation of the zone method would be subdividing the small quadrants
into smaller quadrants.
5. Pie Method (Wheel Search) The searchers gather at the center and proceed outward along radii or spoke. The principal drawback of this method is that
the distance between the researchers increases as they depart from the center.

Purpose of Crime Scene Search

1. To reconstruct what really happened. 5. To destroy the alibis of the suspects.
2. To identify the perpetrators. 6. To determine the corpus delicti of the fact that the crime has been
3. To gather additional evidence. committed.
4. To determine the modus operandi of the perpetrators.

Recognition of Physical Evidence At the crime scene, the prober must exercise keen observation and extreme care in his search for these physical evidence.
The success of the case will depend heavily on how the prober conducts himself in handling those pieces of evidence. He has to do his job well at “proper time”
and “proper place”. Proper time refers to when he is right there in the scene and proper place refers to him being right there at the scene.

Basic Consideration in Collection of Evidence

1. Photograph the evidence
2. Use appropriate tools or materials
3. Collect sufficient amount of samples
4. Provide the appropriate standards for comparisons
5. Place initials, the date and time of discovery on each item of evidence.
6. Items that could not be marked should be placed in a suitable container and sealed
7. Give particular attention to fragile evidence.
8. If in doubt of an item treat it as evidence until proven otherwise.
9. Ensure that the item or area where latent fingerprints may be present is closely examined and that action is taken to develop the prints.
10. Carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds.
11.Note stains, spots and pools of liquid within the scene and treat them as evidence.
12.Treat as evidence all other items, such as hairs, fibers and earth particles, foreign to the area in which they are found.
13.Proceed systematically and uninterruptedly to the conclusion of the processing of the scene.

The Chain of Custody The establishment of the identity and the number of persons who handle evidence between the time of commission of the offense to
the ultimate disposal of the case.

PART II – METHODS OF OBTAINING INFO

A. INTERVIEW It is one form of communications used extensively by the police in eliciting information from witness or a suspect to obtain confession.
However if conducted improperly, the interview may be rendered worthless or can result in serious negative consequences for all involved. The
latest trend in this field is cognitive interviewing as distinguished from highly structured interviews. It is quite time consuming but it assists
witness memory retrieval by:
1. Reinstating the context of the event;
2. Recalling the event in the different sequence; and
3. Looking at the event in different perspective.
The other trends in this field are neurolinguistic programming, child-abuse victims interview and statement analysis.

Interview Format (IRONIC)

1. Identity – prior to the interview officer must identify himself. 2. Rapport – get the positive feeling towards the investigator.
3. Opening Statement – indicate why the subject is being contracted. 5. Inquiry – asking and clarifying.
4. Narration – do not interrupt the narration of the subject. 6. Conclusion – closure and giving gratitude.

Basic Rules in Successful Interviewing

1. Develop a plan of action. 7. Stay in control.
2. Conduct the interview privately. 8. Take brief notes.
3. Put the interview at ease. 9. Conclude the interview.
4. Let the person being interviewed do the talking. 10. Write a summary immediately following the interview.
5. Be a good listener. 11. Learn from experience.
6. Don’t challenge answers given.

The Questioning Techniques

Knowing how to ask questions is just as important as knowing what questions to ask. Also making questions easy to understand is critical. This
allows the person being interviewed to concentrate on answering the questions, not on trying to decipher what they mean.
Use closed-ended questions (yes or no answers) sparingly because they only require a short answer and usually only confirmed factual data. Open-
ended questions force the interviewee to talk and elaborate on the matter at hand. This allows the interviewer to better assess the reliability of the
information obtain.
LEADING QUESTIONS – which contain the answer
LOADED QUESTIONS – Which ask the person interviewed to choose the lesser of two evils, should always be avoided.

Approaches to Persons to be Interviewed

1. Complainant – sympathetic by expressing his interest to the case, but he should determine whether all the elements of the case are present; whether the
complainant is a chronic complainant, including his motive.
2. Person Complained Of – knowledge of the elements of the crime allegedly committed and also the record or reputation of the person complained of are
essential.
3. Informant – he must be permitted to talk and be praised for assisting law and order. He should be questioned in detail.
4. Victim – sympathetic and listening to complete story, with permission to allow opinion and suggestion, with devotion to simply gather facts.

B. INTERROGATION It refers to the elicitation of information from an individual who refuses to provide information.
Limitation on Interrogation Section 12 of Bill of Rights of the 1987 Constitution providing the suspect/person under custodial investigation the
right to remain silent. ***Remedy – Waiver of Section 12 which must be signed in the presence of counsel.
Rules in Questioning:
1. One question at a time – multiple questions are confusing
2. Avoiding implied answer – suggesting answer defeats the purpose of interrogation.
3. Simplicity of the questions – long, complicated and legalistic questions are confusing and irritating which may cause embarrassment and resentment.
4. Saving Faces – embarrassing situation on the subject by ridicule to the stupidity, poor judgment and other deficiencies should be avoided.
5. Yes and No Questions – do not insist on a yes or no answer that will result to inaccurate answers and prevent flow of information.
6. Positive Attitude – a positive way of questioning and approach should be employed.

Types and Attitudes of the Subject

1. Know Nothing Type – reluctant to become a witness = extensive warm-up; leading him to relevant questions
2. Disinterested Type – uncooperative, indifferent persons must be aroused = be flattered to develop pride in his ability to supply information; his interest
should be stimulated by stressing the importance of the information he possesses.
3. Drunken Type – flattery will encourage the drunk to answer and develop inters. Not advisable to take written statements of drunk witness.
4. Suspicious Type – fear must be reduced and the investigator should apply psychological pressure by telling to him that non cooperation will work against
him.
5. Talkative Type – find ways to shift his talkativeness to those matters useful in the investigation.
6. Honest Witness – ideal witness with little care and guidance.
7. Deceitful Witness – permit to lie until he is enmeshed with falsehoods and inconsistencies= playback is effective to counter then, state that perjury is
punishable.
8. Timid Witness – friendly approached with explanation the all information shall be treated with confidentiality.
9. Boasting, Egoistic, or Egocentric Witness – patience and flattery are necessary for they will be a good witness, however they are prone to color their story
and put emphasis on their part.
10.Refusal to Talk Witness – most difficult but perseverance and neutral topics must first be taken.

The RPM Technique of Interrogation

R- ationalize suspects’ action (It plays to the psychological nature or desires of the suspect to explain or justify his behavior);
P- roject the blame unto others
M- inimize the crime (It plays to the psychological satisfaction of his role in the crime and seriousness of the crime).
By employing these techniques, it help the suspects maintain their dignity or save face. Equally important, RPM’s make oral and psychological
excuses for suspect’s action therefore subject are still accountable for their behavior.

CUSTODIAL INVESTIGATION Republic Act 7438 – an act defining certain rights of persons arrested detained or under custodial investigation as well as
duties of the arresting, detaining, and investigating officers, and providing penalties for violations thereof.
Rights of Persons Arrested, Detained or Under Custodial Investigation
1. Any person arrested, detained or under custodial investigation shall at all times be assisted by counsel.
2. Inform the subject in a language known to and understood by him, of his rights to remain silent and to have a competent and independent
counsel, preferably of his own choice. If such person cannot afford the services of his own counsel, he must be provided with a competent and
independent counsel by investigating officer.
3. Custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumb-
marked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by the counsel
or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise
such investigation report shall be null and void and of no effect whatsoever.
4. Any extra judicial confession made by a person arrested, detained or under custodial investigation shall in be writing and signed by such person
in the presence of his counsel or in the latter’s absence, upon a valid waiver, and in the presence any of the parents, elder brothers or sisters, his
 spouse, the municipal mayor, municipal judge, district school supervisor, or priest/minister of the gospel as chosen by him; otherwise such
extrajudicial confession shall be inadmissible as evidence in any proceeding.
5. Any waiver by a person arrested or detained under the provisions of Art. 125 of the Revised Penal Code, or under custodial investigation, shall be
in writing and signed by such person in the presence of counsel, otherwise the waiver shall be null and void and of no effect.
6. Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any
national non-governmental organization duly accredited by the Commission on Human Rights or by International non- governmental
organization duly accredited by the Office of the President. The person’s immediate family shall include his/her spouse, fiance or fiancee, parent
or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece and guardian or ward

Miranda vs Arizona 384 U.S. 436 1966

Ernesto Miranda, a produce worker, was arrested in Phoenix, Arizona in 1963 and charged with kidnapping and rape. After being identified by the
victim in a police line up, Miranda was taken into an interrogation room and questioned for two hours by detectives. At no time was Miranda informed that he
had a right to have an attorney present. When the police emerged from the session, they had a signed statement by Miranda confessing to the crimes. He was
subsequently convicted and sentence to twenty to thirty years in prison. After the conviction was affirmed by the Arizona Supreme Court, Miranda appealed to
the United States Supreme Court, claiming that he had not been warned that any statement he made could be used against him, and that he had a right to
counsel during interrogation. The Miranda Case was one of the four cases examined by the Court that dealt with the question of coercive questioning.

DECISION
The Court overturned Miranda’s conviction, stating that police interrogations are, by their very nature, coercive and therefore deny suspects their
constitutional right against self- incrimination by “forcing” them to confess. Consequently, any person who has been arrested and placed in custody must be
informed of his or her right to be free from self-incrimination and be represented by counsel during any interrogation. In other words, suspects must be told
that they do not have to answer police questions. To accomplish this, the Court establish the Miranda warning which must be read prior to questioning of a
suspect in custody.

PART III – PROTOCOLS IN INVESTIGATION

1. 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 other
units/agency.
2. Official Police Blotter
a. The Police Blotter is an 18” x 12” log book with hard bound cover that contains the daily register of all crimes incidents reports,
official summary of arrest, and other significant events reported in a police station.
b. As a general, all crime incidents must be recorded in the official police blotter
c. A separate police blotter shall be maintained for offense requiring confidentiality like violence against women & children and
those cases involving a child in conflict with the law to protect their privacy pursuant to RA 9262- anti-violence against women
and children act of 2004 and RA 9344- Juvenile justice welfare act of 2006.
d. The duty police officer shall record the nature of the incident in the police blotter containing the five (5) W’s and One (1) H of the
information and inform his superior officer or the duty officer regarding the occurrence of such incident.
e. In answering the five (5) W’s and One (1) H as well as the Case Disposition, all such material details about the incident,
including the nature of the action or offense; the date, time and place of occurrence, the names of the suspects, the victims, the
witnesses, the facts of the case, significant circumstances that aggravate or mitigate the event or the crime should be enter along with the identity
of the officer to whom the case is assigned and the status of the case.
3. The Investigation Team: Organization and Equipment
a. All investigator in all police units must be a graduate of prescribed investigation course with a rank of at least PO2 (Pre-requisite to assignment)
b. Composition.
Team Leader Evidence
Investigator/Recorder Custodian
Photographer Composite Illustrator/Artist
c. Equipment of the Investigator: Police Line, Video Camera, Voice Recorder, Camera, Measuring Device, Gloves, Flashlights Finger Print kit, Evidence bag,
Evidence Tag, Evidence Bottles/vials and Investigator’s tickler; (Investigators checklist, anatomical diagram form, evidence checklist and turn-over
receipt)
4. Duties of the First Responder
a. Proceed to the crime scene to validate the information received
b. Record the exact time of arrival and pertinent data regarding the incident in his issued pocket notebook and notify the TOC
c. Cordon off the area and secure the crime scene with a police line or whatever available materials like ropes, straws of human as
barricades to preserve its integrity.
d. Check whether the situation still possess imminent danger and call for backup it necessary
e. Identify possible witnesses and conduct preliminary interview and ensure their availability for the incoming investigator on case
f. Arrest the suspect if around or in instances wherein the suspect is fleeing, make appropriate notification for dragnet operations.
g. Prepare to take the “Dying Declaration” of severely injured persons with the following requisites:
i. The death is imminent and the victim is of that fact.
ii. The declaration refers to the cause and surrounding circumstances of such death
iii. The declaration relates to facts which the victim is competent to testify to
iv. The declaration is offered in case wherein the victim’s death is the subject of the inquiry
h. Evacuate the wounded to the nearest hospital using emergency services.
i. Account for the killed, wounded and arrested persons for proper disposition
j. Conduct initial investigation
k. Brief the investigator on case upon arrival and turn over the crime scene
l. Conduct inventory on the evidence taken at the crime scene, inventory receipt should be properly signed by the first responder, SOCO and the
investigator.

5. Duties and Responsibilities of the Investigating Team:

 a. Take full control of the crime scene to include the conduct of the crime scene search, taking of photographs, making sketches, lifting of
fingerprints, markings of physical evidence (Chain of Custody) the transmittal of evidence to crime laboratory, interview of witnesses, gathering
and evaluation of evidence, follow up of the case, documentation and filing of appropriate charges in court.
b. Establish a command post in the immediate vicinity of the crime scene
c. Designate a holding area in the immediate vicinity of the crime scene ( for the media, VIP’s and other personalities present)
d. Conduct case conference with the first responder’s, SOCO and other law enforcer and rescue personnel
e. Note secondary crime scene if situation requires.
f. Release the crime scene after investigation.
6. Investigation of suspect
a. Procedures when arrest is made:
i. Secure the person arrested (hand cuff at the back)
ii. Inform the arrested person on the cause of his arrest and his rights as provided
for in the constitution
iii. Conduct thorough search for weapons and other illegal materials against the
suspect
iv. Use reasonable force in making the arrest.
v. Confiscated evidence must be properly documented and marked
vi. Bring the arrested person to the police station for investigation.

7. Taking Sworn Statements of the witnesses. The execution of a suspect’s “WAIVER” as stipulated in Art 125 of RPC shall always be done in the presence of
his chosen counsel or any independent counsel.

8. Taking Sworn Statements of the witnesses.

a. Sworn statement’s or affidavit of the complainant and witness must be taken immediately by the investigator on case
b. Affidavit of arrest of the arresting officers must be taken immediately not later than 24 hours
c. In inquest cases, the investigator on case and the arresting officers shall observe Art 125 of RPC.

9. Preparation of reports and filing of Charges – The Investigator on Case shall submit the following:
a. Spot Report within 24 hours to higher headquarters
b. Progress Report
c. After Operation Report
d. Final report after the case is filed before the prosecutor office/court (Referral)
e. Accomplishment Report

10. Procedures in the Release of Crime Scene:

a. Ensure that appropriate inventory has been made
b. Released is accomplished only after completion of the final survey and proper documentation of evidence, witnesses, victims
and suspect.
c. If crime scene is within a private property, the same must be released to the lawful owner witnessed by any barangay official. In case of
government facility, it should be released to the administrator.
11. Follow up of Case The Investigator on Case shall conduct police operation to identify and apprehend suspect based on the result of initial investigation
conducted.
12. Preparation of Case Investigation Plan (CIPLAN) The conduct of operation involving sensational cases, high profile and heinous crimes must be covered
by CIPLAN
13. Attendance to Court duties The Investigator on Case and Arresting Officer shall endeavour to ensure their attendance during court hearings while COPs
shall supervised and ensure the attendance of witnesses.
14. Uniform of the Investigator The prescribed uniform should be worn by investigator s when conducting investigation so as to identify as PNP

“There is no such thing as PERFECT CRIME, only IMPERFECT INVESTIGATOR”

TERMS TO PONDER
Admission - is a voluntary acknowledgment, confession, or concession of the existence of a fact or the truth of an allegation made by a party to the suit.
Associative Evidence - is evidence that ties a suspect to the crime scene, the victim,or some other bit of evidence. Fingerprints, footprints, hair, fibers, blood
and other bodily fluids, knives, bullets, guns, paint, and many other objects and substances,even soil, can link a suspect to the scene.
Bugging - is the act of concealing a miniature microphone in (a room or telephone) inorder to eavesdrop on or record some one's conversations secretly.
Burned - when an investigator has been exposed. The target has become aware that he is being watched.
Circumstantial Evidence - also known as indirect evidence. It is distinguished from direct evidence, which, if believed, proves the existence of a particular
fact without any inference or presumption required. Circumstantial evidence relates to a series of facts other than the particular fact sought to be
proved.
Confession - A confession in criminal investigation may be defined as an out-of-court statement by a suspect in which he or she voluntarily, knowingly and
intelligently acknowledges that he or she committed or participated in the commission of a crime.
Corpus Delicti - the facts and circumstances constituting a crime. Concrete evidence of a crime, such as a corpse.
Deposition - in Criminal Investigation,is a formal written statement, made for example by a witness to a crime or by the perpetrator of a crime.
Eavesdropping - is secretly or stealthily listening to the private conversation of others without their consent.
Ibid - is a latin word, it is the short for ibidem. It means in the same place. It is the term used to provide an end note or footnote citation or reference for a
source that was cited in the preceding end note or footnote.
Investigare - is a Latin word which means to track or trace by footprint and to study or examine closely.
Felony - a higher level crime usually punishable by more than one year in prison.
Jonathan Wild - was a London underworld figure during the 1600's notable for operating on both sides of the law, posing as a public-spirited crime fighter
entitled the "Thief-Taker General".He was a thief employed to catch a thief.
Loc. Cit. - is a footnote or end note term used to repeat the title and page number for a given work (and author).
Misdemeanor - a lower level crime, usually punishable by less than one year in prison.
Sit On - conduct a stakeout or stationary surveillance.
Tail - to conduct a moving surveillance.
Trace - means to find or discover by investigation.
US Secret Service - created on July 5, 1865. Original mission was to suppress the production and distribution of counterfeit currency. After the assassination
 of President William McKinley in 1901, they took their role of presidential protection.
Wiretapping - is the practice of connecting a listening device to a telephone line to monitor conversations secretly.