SCISII: Specialized Crime Investigation 2 with Simulation on Interrogation and Interview

(7:30-9:30 am, Saturday)

YU, KRISHA MAE P.
BSCrim III blk. 050

Module 1

Module Pre- test

1. False
2. False.
3. False
4. False
5. False
6. True
7. True
8. True
9. True
10. True

ASSESSMENT 1.1

1. What is Miranda warning and it’s rule?

 It is a type of notification customarily given by the police to criminal suspects in police
custody (or in custodial interrogation) advising them of their right to silence; that is their
right to refuse to answer questions or provide information to law enforcement or other
officials.
2. How will you elaborate “hot pursuit”?
 A doctrine that provides that the police may enter the premises where they suspect a
crime has been has been committed without a warrant when delay would endanger
their lives or the lives of others and lead to the escape of the alleged perpetrator; also
sometimes called fresh pursuit.
3. Explain the various methods of the arrest.
 A. Method of Arrests under Warrant of Arrest.
When making an arrest, the police officer shall inform the person to be arrested the
reason of the arrest and his rights. The 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 practicable.
B. Method of Arrest without Warrant of Arrest.
When arresting without warrant, the officer shall inform the person to be arrested of his
authority and the cause of the arrest, latter is either engaged in the commission of an
offense is pursued immediately after it’s commission, has escaped, flees, or forcibly
 resist before the opportunity to so inform him, or when giving of such information will
imperil the arrest.
4. What are the constitutional rights of an arrested person?
 1. Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have a competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel,
he must be provided with one. These rights cannot be waived except in writing and in
the presence of counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detentions are prohibited.
3. Any confession or admission obtained in violation of this section as well as
compensation to and rehabilitation of victims of torture or similar practices , and their
families (Section12, Article III of the 1987 Constitution)

5. What are the cases of specified under the Doctrine of Citizen Arrest?

In most cases, an arrest consist of other actually seizing or touching a person’s body in an effort to
detain them. You must find a person either in the act of committing a crime, or escaping from and
freshly pursued by persons who have lawful authority to arrest that person, in order to lawfully make a
citizen arrest. The case specified under doctrine of citizens arrest are like civil lawsuit, assault, theft and
many more . A person maybe placed under citizens are it if he is in breach of the peace , which is usually
a misdemeanor charges.

ASSESSMENT 1.2.

1. Give an example or scenario of lawful search and seizures.

 Search of stolen property it is lawfully if you have a search warrant to present.

2. What is the validity of the search warrant?

 The search warrant is valid only and should execute within Ten (10) days from receipt.

3. Explain the difference between search an seizures.

 A search is an exploratory investigation for something that is concealed from the

authority searching , while seizures are an act that may use force in taking possession of
something or illegal property from the possessor against his will.

4. Give an example or scenario of a lawful search without warrant

 Object that are in plain view such as a bag of drugs in the backseat of a car do not
require a warrant or probable cause to be seized and admitted as evidence.

5. What is the Right of every person against unreasonable search and seizures?
  The right of people to be secured in their persons, house, papers and effects against
unreasonable search and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall be issue except upon
probable cause to be determined personally by the judge after examination under oath
or affirmation of the complainant and the witness he may produce, and particularly
describing the place to be search and the person or things to be seized.( Section 2,
article III, 1986 constitution)

ASSESSMENT 1.3

1. Make a sample of written confession.

"On September 10, 1979, an information for murder was filed against accused Liwag.

On September 23, 1979, however, Accused Liwag made a confession before the S ittation Commander
of Iriga City, claiming that it was appellant Bolaños who had ordered the killing of Lee (TSN, August 13,
1981, pp. 5-8). On the same date, a sworn statement to that effect was executed (Exhibit "R," Original
Records, p. 15-16) by accused Liwag.

2. Make and submit a documented sample of extra- judicial confession.

Sample of extrajudicial confession

SWORN STATEMENT OF Agapito Dela Cruz THAT WAS FREELY AND
VOLUNTARILY GIVEN TO P/Lt. Juan Gapol MEMBER OF THE Philippine National
Police, LOCATED AT Brgy. Buntay Tanauan, Leyte, THIS 20 DAY OF April, 2016 AT
ABOUT 9:45 IN THE MORNING IN THE PRESENCE OF Atty. Larry Bird HIS/HER
CHOSEN COUNSEL OR COUNSEL GIVEN BY THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES, TO ASSIST HIM/HER IN THE GIVING OF
STATEMENTS AND _______(OTHER WITNESS/ES)_______________,
_______________________,

COVENANT: Mr. / Ms. / Mrs. ____________________________________, hereby

volunteer yourself to give sworn statement about your personal knowledge about
_____________________________________________ that transpired on
____________________________ at _____________________________________.
Before you will give your sworn statements, I would like to inform you of your rights
enshrined under the 1987 Philippine Constitution, as follows:
1. That you have the right to remain silent and any information that you will give can be
used as evidence against you in any court of the Philippines;
2. That you have a right to have a counsel preferable of your own choice, if you cannot
afford the services of the counsel, the Government of the Philippines will give you one to
assist you;
3. That you have the right to know why you are here in our Office; and
4. That you have the right to be informed of all your Constitutional rights enumerated
above. QUESTION: After you were informed of all your Constitutional rights, are you
willing and voluntarily sign your signature to attest that you were informed and fully
understand your rights under the 1987 Philippine Constitution?
ANSWER: Yes, Sir/Mam

AFFIRMATION

I HEREBY AFFIRMED that I, Josephine Ramos was informed and fully explained of all
my rights enshrined under the 1987 Philippine Constitution, which I understand as
follows:
1. That I have the right to remain silent and any information that I will give can be used
as evidence against me in any court of the Philippines;
2. That I have a right to have a counsel preferable of my own choice, if I cannot afford
the services of the counsel, the Government of the Philippines will give one to assist me;
3. That I have the right to know why I am at the MacArthur MPS and
4. That I have the right to be informed of all my Constitutional rights enumerated above.

Agapito Dela Cruz

Affiant

SIGNED IN THE PRESENCE OF:

Atty. Larry Bird

Assisting Counsel of the Affiant
Attorney Roll No. 123456

SWORN STATEMENT OF Mark Ramos, THAT WAS GIVEN FREELY AND

VOLUNTARILY TO P/Lt. Carlo Mendoza, A MEMBER OF Philippine National Police
AT Dulag, Leyte.
QUESTION: Do you have a counsel to assist you?
ANSWER: No
QUESTION: If you are given a counsel by this Office to assist you, are you willing to
accept his/her services in assisting you?
ANSWER Yes. I will accept his/her services in assisting me as my counsel.
HERE, Atty. Larry Bird, a lawyer from Tacloban, City, member of the Integrated Bar of
the Philippines (IBP), is given to you by this Office and will provide his services to assist
you in your confession. Atty. Ching Chong HERE is Mark Ramosthat you will be
assisting and provide your services as his counsel in his free and voluntary confession to
this Office.

At this juncture Mark Ramos and said counsels conferred with each other and after a
short while, affiant agreed to accept the services of said counsel. Atty. Ching Chong.
Likewise expressed their conformity and agreed to serve as the affiant’s counsels to
advise and assist him in the execution of his affidavit. Atty. Ching Chong informed
affiant about the possible consequences upon him of said affidavit and affiant still
expressed his desire to execute the same. Hence, the following:
1. Q: After you are fully informed and explained of all your rights under the 1987
Philippine Constitution in relation to your voluntary confession, are you willing to freely
and voluntarily give your statements truthfully and that all your statements are true and
nothing but the truth only?
A: Yes. All will be true statements.
2. Q: What is your name, age, address and other personal circumstances?
A: I am Juan Dela Cruz, 29 years old

3. Q: What is your highest educational attainment?

A: College Level
4. Q: Do you know how to talk, read and understand English?
A: Yes
5. Q: What is your present work/profession?
A: Delivery Rider

SWORN STATEMENT OF Mark Ramos THAT WAS GIVEN FREELY AND

VOLUNTARILY TO P/Lt. Carlo Mendoza, A MEMBER OF Philippine National Police
AT Dulag, Leyte.

6. Q: What are the reasons why you are voluntarily came to this Office?
A: Because I want to change my life and I want to freely and voluntarily give information
relative to the illegal activities of my previous drug syndicate.

[ KNOWLEDGE/INFORMATION ABOUT ILLEGAL DRUG NETWORK]

7. Q: If that is the case, can you tell us all your knowledge/information about the illegal
drugs activities of your gang?
A: Yes sir. I am previously a member of the wa-wa drug syndicate We are 6 members
in the gang. Our leader is Abdul Haseem, an AWOL PNP Officer. The other gang
members are Jack, Sammy, Ramil, Jun-Jun, Zorro. Every one of us carry caliber .45
pistols for our protection. We have also two long firearms (AK-47rifles) inside our service
Closed Van. Our gang controlled the marketing of illegal drugs known as “SHABU” all
over Dulag, Leyte. We usually peddled 5-10 kilograms of “SHABU” in a week.
8. Q: What is your function in the gang?
A: I’m the one looking for pushers in the street level.
9. Q: If you look for pushers, what did you do?
A: I will set a meeting and talk with them on the drug deal.
10.Q: What happened if they agreed with the drug deal with your gang?
A: They will become our pusher member and they have the privilege to use “SHABU” in
our den for free, provided they will sell our item “SHABU” and remit the proceeds to the
gang every day. 11.Q: How many grams do you give to your pushers every day?
A: I give each of them 50 grams.
12.Q: How much per gram of your “SHABU”?
A: We give only 200.00 per gram to our pushers.
13.Q: You said that your gang has a drug den, where it is located and who manage it?
A: It is located at Brgy. Sungi Dulag, Leyte. Our leader Abdul Haseem manage our
drug den.

14.Q: _______xxxxx OTHER CONNECTING QUESTIONS xxxxx_______

A: _________xxxxx ANSWERS xxxxx__________
15.Q: Are you willing to help us find and bring the other members of your gang to
justice?
A: Yes. I am willing to help in order to stop their illegal drug activities.
16.Q: For the meantime, I don’t have further questions, do you have any statements to
add or take away on this affidavit?
A: I don’t have sir for the meantime.
17.Q: Were you threatened, promised or bribed to do this confession?
A: No sir. I made it voluntarily with my own free will.
18.T: Are you willing to sign this affidavit consisting of six (6) pages, to certify that all the
statements you made are true.
S: Yes sir.

---------END OF STATEMENT----------
 SUBSCRIBED AND SWORN to before me this 20 day of April 2016 at MacArthyr MPS
Further, I certify that I personally examined the herein affiant that he voluntarily executed
and fully understood his statements.

Dominador Matalaw
Administering
Officer

3. How will you differentiate judicial from extra-judicial.

 Judicial it involves judgement, whether in the courts of justice or the administration of

justice while Extra- Judicial an action or situation happens outside or beyond the
jurisdiction or usual procedure of a court.

4. When does a confession count as proof.

 Confession count as proof if when they are made voluntarily and not a false confession.

5. What makes the criminal confess to the investigator or police?

 The criminal confession would make them feel better because the got everything off
their chests and mind. There's no reason to think about being arrested since the police
now know all about the situation.

6. When does a confession considered as evidence?

 The confession count as evidence if the judge will assess any concern about the
voluntariness of the confession. If the judge decides that the confession was made
voluntarily, the confession will be accepted as evidence.

7.Know the difference between confession and admission.

 Admission is the accused's self - incriminating statement acknowledging the truth or

facts that did not directly involved accepting guilt in the offense's commission. While
confession is a formal statement by the accused recognizes the facts and the reality of
his guilt and accepts every aspect of the commission of the crime he is charge with.

8. Understand the rules and legal requirements of extra - judicial confession and extra - judicial
admission.

 A voluntary confession is a confession that is given out of a suspect's own free will, and
has not been obtained by force, coercion, or intimidation. Under to the 14th
Amendment of the U.S. Constitution, due process requires that all confessions obtained
by the police must be voluntary while involuntary confession an admission, especially by
 an individual who has been accused of a crime, that is not freely offered but rather is
precipitated by a threat, fear, torture, or a promise.

9.Know the difference between judicial and extra- judicial admission and confession.

 Judicial power rests with the Supreme Court and the lower courts, as established by law
(Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies
involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)). while
extrajudicial admission made by the child would be insufficient to conclude that the
child committed the acts alleged in the petition. However it would be sufficient if it is
corroborated by other evidence, and a confession must be corroborated by some other
proof of the corpus delict, or else it is insufficient to warrant a conviction. Judicial it
involves judgement, whether in the courts of justice or the administration of justice
while extra-judicial an action or situation happens outside or beyond the jurisdiction or
usual procedure of a court.

MODULE POST-TEST

Part I. Multiple choice

1. D
2. A
3. C
4. A
5. D
6. A
7. B
8. D
9. B
10. D
11. D
12. D
13. B
14. D
15. A
16. A
17. D
 18. B
19. B
20. D
21. A
22. C
23. B
24. C
25. D
26. C
27. B
28. A
29. B
30. D

Test II. True or False

1. True
2. True
3. True
4. False
5. True
6. True
7. True
8. True
9. False
10. True
MODULE 2

PRE-TEST

1. False
2. True
3. False
4. True
5. False

Lesson 2.1
Learning Activity
1. Write the various strategies in successful police raid operation.
-A successful police raid operation will be efficient with the coordination of each participant
and a team leader. Before doing a raid, there are some factors or strategies that need to be
prepared and followed. First on the line would probably know the situation of the building
or terrain must be estimated and subject to close study. Detailed planning is based on
intelligence information. The plan must be simple, the more complicated the plan where the
more possible for non-success operation. Aggressive training and accurate planning before
the operation in connection to the elements of surprise must always be considered.
Considering, the strength of firearms or equipment must be superior to the target. Smaller
raiding authorities have more strategic advantages over more massive formations. All
equipment to be used must be adequately checked. Whereas, each member of the raiding
team should be given a specific assignment and operational tasks. The purpose or mission of
operation should be briefed to all members of the raiding team. Lastly, signal for
coordination must be plan and subject for careful study and transportation also have a part
of a successful raid operation.

2. Identify the different items that may be seized during the raid.
-The seized items during the raid can be used as evidence that can possibly relate to
criminal charges. This includes stolen items, weapons, drug money, dirty money, illegal
drugs, drug paraphernalia and documents.

3. Explain the things to be studied before the raid.

-For a successful raid operation, there are four things need to be studied before conducting
a raid. First thing to do is to study the target area or building to be aware the structure or
layout and to know the proper route to move within that area during the actual operation.
To know the number of entries and exits as well as the rooms, doors and other important
areas. Next, the number of tenants or occupants must be learned and noted. To enable to
know who the persons could be arrested and who are not. As long as its neighborhood, it is
 essential to study and observe within its premises to determine these persons whether they
are involve or not. At last, study the surroundings or environment within the area need to
be conducted by the raid operation. Study all important things and details that are around
by its premises, the number of streets, possible route for escape, potential roadblocks and
physical obstacles or other circumstances, supposedly enable to have a successful raid
operation.

4. Know the origin of the raid.

-Raid is a quick surprise assault on an establishment or small area to surprise or confuses
the subject. The word raid was derived from the old English word “rad” which means
“riding, journey or expedition” by the early 15th century. A few centuries later, the meaning
or the sense of the word extended to “attack or foray”.

Assessment 2.1

5. How will you demonstrate a step-by-step raid from beginning to end?

-In conducting a raid, it is important first to know why there’s a need for an operation. What would be
its intention in administering such conduct, considering the things need to be studied before the raiding
team do the raid operation. There are factors and preparations to make the successful like detailed
planning about the situation of the target area. The plan must be simple and precise without any
alterations, sticking with the mission. All equipment and raiding authorities should be prepared, given by
the specific tasks or assignment briefed by team leader. Before the raid operation, immediately after
securing a search warrant, the raid commander must know if there is a proper coordination with
authorities that have the jurisdiction around premises where the subject is located. It can be prevention
for a possible misencounter and for the raiding team’s safety as well. During the raid, it is mostly done in
diminutive hours where the team is establishing a location not too close to the target area for final
instructions. When the time they enter that property, all related items possible for criminal charges
should be seized as well as the arresting the person legally if ever it is around that area. The things or
items seized can be used as evidence in the court of law. After the raid is done and completed or
successful, all participants will gather a final brief orientation and roll call of the raiding team.

6. How will you explain the characteristics that comprise a lawful raid?

- The characteristics that compromise a lawful raid is that searches and seizures during raid must
be carried out at a reasonable time unless this could frustrate the search purpose.

7. What are the strategies of a successful police raid?

-Before doing a raid, there are some factors that need to be prepared and followed. First on the line
would probably know the situation of the building or terrain must be estimated and subject to close
study. Detailed planning is based on intelligence information. The plan must be simple, the more
complicated the plan where the more possible for non-success operation. Aggressive training and
accurate planning before the operation in connection to the elements of surprise must always be
considered. Considering, the strength of firearms or equipment must be superior to the target. Smaller
raiding authorities have more strategic advantages over more massive formations. All equipment to be
used must be adequately checked. Whereas, each member of the raiding team should be given a
specific assignment and operational tasks. The purpose or mission of operation should be briefed to all
members of the raiding team. Lastly, signal for coordination must be plan and subject for careful study
and transportation also have a part of a successful raid operation.

8. How will you explain the constitutional requirements concerning raid and seizure?

- The constitutional requirements concerning raid and seizure is that it will protect the privacy and the
rights of every citizen against excessive instructions made by the government. The law enforcement has
the right to conduct search and seizures during raid that are reasonable to prevent deprivation of rights
of every person. A search or seizure is reasonable if the police have a warrant from a judge based on
probable cause to believe that a suspect has committed a crime. Also, a search may be reasonable
without a warrant if an exception applies under the circumstances.

MODULE 2 POST-TEST

Part I

1. C
2. D
3. D
4. B
5. D
6. B
7. A
8. A
9. B
10. A

Part II

1. T
2. F
3. F
4. F
5. F
6. T
7. T
8. T
9. F
10. F