FUNDAMENTALS OF CRIMINAL INVESTIGATION

HISTORICAL BACKGROUND
 The historical background of criminal investigations could be traced back to the medieval stage where
acts deemed unacceptable to a group have been remedied by some means and the responsibility of
maintaining the moral code was assigned to family or tribal members.
 Any criminal acts by individuals were to be detected and investigated by the group.
 The codification of law came into being by the Laws of Hammurabi which were developed in Babylon
around 2100 B.C. (Gilbert; 1986).
 The civilizations of Egypt, Rome and Greece assigned criminal detection responsibilities to military
units.

European Origins
 There was a shift from the responsibility of Government to group responsibility in the later stages of the
Middle Age.
 The Frank-Pledge system came into existence.
 It allowed a system of mutual protection within subgroup called tithing.
 The tithing were responsible for detecting and controlling negative behavior on the part of its members
(Germann, 1974).
 There was again a shift during the reign of the Duke of Normandy where policing was assumed by the
government and merchants.
 They developed the early patrols which are similar to the present day beat patrols which were mainly
developed to prevent crime.
 The industrial revolution ushered in a new wave of criminality that needed new methods of crime
prevention and detection.
 The direct result of the crime problems in London ushered in the origin of modern criminal
investigations.
 A master criminal, Jonathan Wild developed a system of employing a thief to catch a thief as an
effective way to reduce crime.
 This could be analogous to the modern day use of moles or covert operations in order to penetrate a cartel
for example, drug cartels.
 Paris had its own thief catcher in the person of Euge’ne Vidocq.
 Generally, in this particular epoch, the use of criminal informants, undercover operations, surveillance
were relegated to thief catchers who were men of questionable character.
 The 18th century evidenced the creation of the Bow Street runners by the Fielding brothers who were also
responsible for crime detection.
 In 1829, one Sir Robert Peel contribution through the Metropolitan Act created the modern day
uniformed and plain clothes Police and a new era in crime investigation.
 The Scotland Yard police popularized as Bobbies.
 One London politician viewed the plain clothes detectives as “police spies armed with extraordinary
authority to harass and dog the steps of peaceable citizens, to enter their houses and exercise the right of
search on any small pretense or trumped up story”.
 In the United States, the first New York City patrol men were recognized as the rattle watch.
 It consisted of six men sounding rattles, yelling such phrases as ‘by grace of God two o’clock in peace’.
 Early investigative unit came into being Philadelphia and spread to other cities in the United in the
1890s.
 The legendary Texas Rangers whose responsibility to prevent were localized later infused into state-
authorized police and devoted their time to field criminal investigations.
 Allan Pinkertorn is credited as the ‘founder of Criminal Investigation’.
 He developed a code of ethics and on his employ by the US Federal government was able to prevent one
assassination plot of President Lincoln.
 He was able to establish the practice of handwriting examination in U.S. courts and promoting a plan for
centralization of criminal identification records thus the creation of the Federal Bureau of Investigation in
the ensuing years.
 Pinkerton advanced the cause of international police cooperation by sharing information with Scotland
Yard and French Surete that building the precursor to modern day International Police (Interpol).
Definition of CRIME:
 In the criminological context, a crime is “a transgression of the law; the violator is guilty of the
violation and the state may impose a punishment (Colette and Stevens)”.
 Any act or omission to act that violates some values, norms, expectations, standards or specifications
of a society constitutes criminal behavior if the society attaches the criminal label to it.
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Characteristics of a Crime:
 The characteristics of a crime may be determined if viewed against wrongs which do not constitute a
crime. Such wrongs are classified as civil wrongs or depicts or torts.
 A crime affects the state or general public whereas a civil wrong affects the aggrieved individual.
 Prosecution in a criminal action is to punish the offender but civil action is to redress the affected
individual.
 The state has a right to exact punishment in a criminal action whereas in a civil action the aggrieved
party may claim.
 The State may forgo punishment in a crime and the complainant may not withdraw but in a civil
action the aggrieved party may withdraw.
 There are three parties to a crime but in a civil wrong there are two parties.

Elements of Crime:
 Three aspects of a crime that must be established before guilt can be determined in a criminal
proceeding:
a) the ability of the defendant to commit the crime (ability/means),
b) the reason the defendant felt the need to commit the crime (motive/desire), and
c) whether or not the defendant had the chance to commit the crime (opportunity).
 For example, if a criminal shot someone with a handgun and took his/her money when the victim was
in an isolated, secluded area at night;
a) the means would be the handgun,
b) the motive financial (i.e., the money they stole), and
c) the opportunity the fact that it would be unlikely someone else would witness or stop them.
 For the majority of crimes, means and opportunity are the easiest to prove; however, for some
offenses (such as rape or serial killing), the motive can be hard to define.

Definition of CRIMINAL INVESTIGATION

 It is the collection of facts in order to accomplish the three-fold aims:
a) to identify the guilty party;
b) to locate the guilty party; and
c) to provide evidence of his (suspect) guilt.

3 I’s OF INVESTIGATION

1) Information
a) greatest tool for use by the police investigators in the performance of their duties.
b) It may consist unorganized data. It may come from persons, things and places.
c) Sources may be from records and files or informants and witnesses.
2) Interview and Interrogation
Interview – simple questioning
Interrogation – vigorous or forceful questioning
3) Instrumentation – application of method and applied sciences.

OBJECTIVES OF POLICE INVESTIGATION:

1) Determine if a crime has in fact been committed

♂ if so, what crime?
2) Identification of the suspect
♂ interview victims and witnesses, study and examine physical evidence, review modus operandi,
consider type of property taken or left behind, scars or marks and manner the crime was
committed
3) Arrest of the Suspects
♂ to determine the legal basis for the arrest of the suspect as well as legal basis for the hot pursuit.
4) Gathering and preservation of evidence
♂ Evidence should be gathered/lifted following the proper procedure in crime scene investigation
especially in the preservation and transportation of evidence to the crime laboratory.

FOUR (4) REASONS WHY CRIME SHOULD BE INVESTIGATED:

1) Future deterrence of offenders
2) Deterrence to others
3) Community safety
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 4) Protection of the innocent

Two (2) Types of Criminal Investigation:

1) Investigation while the suspect is under arrest and detention; and
2) Investigation while the suspect is “at large”
(Meaning - not under arrest and detention, as distinguished from: - “fugitive from justice”)

AT LARGE - versus - FUGITIVE

AT LARGE – cannot be lawfully arrested without a warrant
FUGITIVE – an escapee who can be legally arrested without the necessity of a warrant of arrest

Police Operation distinguished from Police Investigation

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.

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.

Examples: Police Operations

a) A warrantless arrest (inflagrante delicto)
b) A warrantless arrest (hot pursuit)
c) A warrantless arrest as an incident to the execution of a search warrant
d) A warrantless search as an incident to a lawful arrest
e) An arrest by virtue of a warrant of arrest
f) The arrest of escaped prisoner while serving sentence or temporarily confined while his case
is pending or while being transferred from one confinement to another

GENERAL RULE:
◄ A person arrested by virtue of a warrant of arrest is not covered by criminal investigation and
must not be placed under interrogation/investigation, unless:

a) He is being held for a separate and distinct criminal complaint

b) When he was charged in court as “John Doe or Richard Doe”
c) When arrested has in his possession recently stolen article or illegally possessing firearm or
weapon

STAGES OF CRIMINAL INVESTIGATION:

FIRST:
♂ A criminal investigation must necessarily proceed as a legal inquiry by virtue of a complaint based on
a given set of facts, after the commission of an act or omission.
SECOND:
♂ The act or omission subject matter of criminal investigation “must be a felony or an offense
punishable by law”.
THIRD
♂ As a general rule, criminal investigation is not concerned with the arrest of the felon.
Main task is to establish that:
a) a crime of felony was committed and that the perpetrator is probably guilty thereof, or
b) no crime or felony was committed and there exist no factual and legal ground to hold the suspect
answerable thereto.
c) although a crime or felony was committed, the suspect cannot be held criminally liable there
from.

◄ Technically speaking, the subsequent acts of filing an information in court, the issuance of a warrant
of arrest and the arrest of the accused thereafter, are not part of criminal investigation but rather, a
mere necessary consequence thereof.

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 ◄ Should a warrant of arrest be issued thereafter, the task of arresting the accused is the duty of the
subpoena and warrant section of the law enforcement agency concerned.
◄ The exceptions to the rule are those specific instances expressly provided under Arts 157 and 158 of
RPC.

Take note:
◄ Criminal investigation is not a “track and field game”.
◄ Investigators must be advised that the rationale behind the rule of “prescription of crimes” is
precisely to provide adequate time and reasonable opportunity for the government thru its law
enforcement agencies to prosecute criminal offenders before a court of justice within the period
allowed by law.
◄ Extreme patience and extra-ordinary caution are the most essential traits of an effective investigator
(achiever) to attain a satisfactory accomplishment in criminal investigation.
◄ There is no room for “short-cutting methods”, undue haste, patent negligence, naked ignorance or
unjustifiable aggressiveness in the process of a police inquiry leading to an investigation.
◄ THERE IS NO SUBSTITUTE TO A LEGALLY ACCOMPLISHED CRIMINAL
INVESTIGATION!

HOT AND COLD CASES:

♂ A HOT CASE is one where the violation of law or regulation has just been unearthed or discovered
and the suspects and the witness to the case are still emotionally affected, upset or involved.
♂ A COLD CASE is a dormant case where the witness and suspect have had luxury of ample time to
mull over the ramification of the case to put up their respective alibis or defenses or otherwise form
subjective impression of the case.

It is usual to bear this distinction in mind so that in hot cases an investigator should lose no time in taking
down the sworn statement.

INSTIGATION versus ENTRAPMENT

INSTIGATION
 is the means whereby the instigator practically induces the could be accused into the commission of
the offense and himself becomes a co-principal.
ENTRAPMENT
 is the process whereby ways and means are resorted to for the purposes of trapping and capturing the
law breaker in the execution of his criminal plan.

TRACING AND LOCATING CRIMINALS (through informants or police assets)

Kinds of Informants:
1) Ordinary informants
♂ usually the anonymous type
2) Mercenary informants
♂ paid informants
3) Rival elimination informants
♂ give information to do away with competition
4) Double crosser informants
♂ will attempt to gather facts for him
5) Voluntary informants
♂ legitimate informants to protect their interest
6) False informants
♂ concocted information to deviate police efforts
7) Self-aggrandizing informants
♂ underworld informants who give information to please himself or gain attention

ADMISSION VS CONFESSION

ADMISSION
 is a statement made by a party, or by someone for whom he is responsible, as to the existence of a
relevant fact which is against his interest or unfavorable to him or inconsistent with the facts alleged
by him (Gomez v. Lituania, 65 O.G. 7592).
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CONFESSION
 is a declaration made at any time by a person, voluntarily and without compulsion or inducement,
stating or acknowledging that he had committed or participated in the commission of a crime (U.S.
vs. Corales, 28 Phil 365).

Concept of an Admission:
♂ In an admission, the perpetrator does not need to accept responsibility for the crime (i.e. admit he was
wrong); he only needs to admit that he, for whatever reason, had committed the crime.

“An admission or oral confession made before the start of custodial investigation is admissible in evidence”

Examples of Admissible Confessions:

1) Police investigating the scene of the crime on the basis of an eye-witness account.

FACTS:
♂ An eye-witness told the police that the person who shot the security guard was wearing what
looked like a security guard’s uniform also. He did not know who the guard was.
♂ The police went to the scene and saw a man fitting the description and asked him about his
involvement in the shooting of the security guard. He admitted he shot the guard!

The Supreme Court said:

♂ The person was not under custodial investigation when he made the admission. There was no
coercion whatsoever to compel him to make such a statement.
♂ Indeed, he could have refused to answer questions from the very start.
♂ The police inquiry had not yet reached a level wherein they considered him as a particular
suspect.
♂ They were just probing into a number of possibilities having been merely informed that the
suspect was wearing what could be a security guard’s uniform. (People v. Marra, 236 SCRA 565,
573)

2) Admission is made to the policeman first at the scene to investigate report of a death

FACTS:
♂ A report came - in that a tourist had been shot dead in a bar in Boracay.
♂ A policeman went to the bar to find out what happened. Another foreigner told the policeman that
he had shot the tourist, and then he surrendered his gun to the policeman.

The Supreme Court said:

♂ What was told by the foreigner to the policeman was a spontaneous statement not elicited through
questioning, but given in an ordinary manner.
♂ No written confession was sought to be presented in evidence as a result of a formal custodial
investigation.
♂ In addition, the law provides that the declaration of an accused acknowledging his guilt of the
offense charged therein may be given in evidence against him and, in certain circumstances, this
admission may be considered as part of the res gestae.
♂ “x x x the oral confession made by the accused to the policeman that ‘he had shot a tourist’ and
that the gun he used in shooting the victim was in his bar which he surrendered to the policeman
is competent evidence against him.
♂ The declaration of the accused acknowledging his guilt of the offense charged may be given in
evidence against him (Sec. 331, Rule 130).” (People vs. Dy, 155 SCRA 111)

Inadmissible Confessions:
1) A barangay captain, even if he is a lawyer, is NOT an independent counsel because he is a
peacekeeping officer and that his role is in direct conflict with the rule of providing competent legal
counsel to accused under custodial investigation.
♂ A competent counsel means an effective and vigilant counsel, who must be present to advise and
assist his client at every turn of the investigation, and stopping the interrogation once in a while
either to give advice to the suspect that he may either continue, choose to remain silent or to
terminate the interview.

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 ♂ The lawyer should ascertain that the confession is made voluntarily and that the person under
investigation fully understands the nature and consequence of his extrajudicial confession in
relation to his constitutional rights.

THE CUSTODIAL INVESTIGATION (RA 7438)

 It is the questioning by police officer(s) after a person has been taken into custody or otherwise
deprived of his freedom in any significant way, and advised of his rights.

Rights of persons arrested, detained or under custodial investigation; duties of public officers.

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known
to and understood by him, of his rights to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation. If such person cannot afford the services of
his own counsel, he must be provided with a competent and independent counsel by the investigating
officer.

(c) The 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 his 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.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation
shall be in 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 of any of the parents, elder brothers and sisters, his spouse,
the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the
gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence
in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing and signed by such person in the presence
of his counsel; otherwise the waiver shall be null and void and of no effect.

(f) 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 of by
any international non-governmental organization duly accredited by the Office of the President. The
person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother
or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
When Custodial Investigation Begins?

1) The (constitutional) rights of a suspect become available when the investigation is no longer a general
inquiry into an unsolved crime but has begun to focus on a particular suspect, or when the suspect has
been taken into police custody, and the police is carrying out a process of interrogations that lends
itself to eliciting incriminating statements. (People vs. Andal, 279 SCRA 474, 495)

2) The law does not distinguish between preliminary questions and questions during custodial
investigation, as any question asked of a person while under detention is considered a question asked
while under custodial investigation. (People vs. Isla, 278 SCRA 47, 57)

3) The moment there is a move of the investigator to elicit admissions or even plain information from
the suspect which may appear innocent or innocuous at the time, the suspect should be assisted by
counsel, unless he waives his right, but the waiver should be made in writing and in the presence of
counsel. (Gamboa vs. Cruz, 162 SCRA 642)

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 4) RA 7438 expanded the definition of “custodial investigation” to include the practice of issuing an
invitation to a person who is investigated in connection with an offense he is suspected to have
committed. Thus, where an accused is on board the police vehicle on the way to the police station
he is already under custodial investigation and should therefore be accorded his rights under
the Constitution. (People v. Bolanos, 211SCRA 262)

5) When the police investigation is no longer a general inquiry into an unsolved crime but has begun to
focus on a particular suspect who has been taken into custody by the police to carry out a process of
interrogation that lends itself to incriminatory statements and not the signing by the suspect of his
supposed extrajudicial confession. (People v. Compil, 244 SCRA 135)

Kinds of Confession:

1) EXTRA JUDICIAL CONFESSION – confession made outside the court:

a) Voluntary extra judicial confession - a confession outside the court and before trial made
voluntarily (admissible)
b) Involuntary extra judicial confession - a confession done outside court which is not of his
own free will. Given as a result of force or intimidation, violence, threat or promise of
reward. (not admissible)
2) JUDICIAL CONFESSION – made inside court during trial. (admissible evidence of high degree)

METHODS OF IDENTIFYING PERPETRATORS BY WITNESS

♂ Verbal Description
- ability of the witness to clearly describe the participation of the suspect in a crime (facial
characteristics, color, size, body built, etc.
♂ Police Line Up
- Seven to ten persons usually gathered in a one-way mirror for the witness to identify.
♂ Rouge Gallery
- otherwise known as the identification by photographic files.

IDENTIFICATION BASED ON EVIDENCE

A. Circumstantial Evidence
♂ There should be more than one
♂ Must be proven
♂ In order to produce the quantum of evidence beyond reasonable doubt.

It may derived from:

a) MOTIVE
- moving power which compels one to a specific result. May be established by testimony
of witnesses before and after the commission of the crime.
b) OPPORTUNITY
- physically possibility or chance (suspect’s presence, or absence of an alibi or excuse)
c) INTENT
- the purpose to use a particular means to effect the result.

B. Associative Evidence
♂ physical proof which may identify the perpetrator from the arrangement of the objects at the crime
scene. (garments, tools, fingerprints impressions, blood stains, hair fibers, wallet).

ARREST
Rule 13 (Revised POP)
 is the actual restraint of the person to be arrested or by his submission to the custody of the person
making the arrest.
 All arrests should be made only on the basis of a valid Warrant of Arrest issued by a competent
authority, except in cases specified under the Doctrine of Citizens Arrest (Sec. 5, Rule 113. Rules on
Criminal Procedure).

WARRANT OF ARREST
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  is an order in writing issued by a judge in the name of the People of the Philippines and directed to a
police officer commanding him to take a person into custody in order that he may be bound to answer
for the commission of an offense.

VALID WARRANT OF ARREST:

♀ Issued upon probable cause
♀ Such probable cause to be determined personally by the issuing judge
♀ Issuing judge must personally examine, in the form of searching questions and answers, the
complaint or applicant and his witnesses, and should take down their written depositions
♀ Warrant must particularly describe the person to be arrested
♀ Warrant must be issued for only one specific crime.

When an arrest made without warrant VALID?

♀ When person has committed, is actually committing, or is attempting to commit a crime in the
presence of the officer (in flagrante delicto);
♀ When an offense has just been committed and the officer has probable cause to believe based on
personal knowledge of facts or circumstances that the person has committed it (hot pursuit)
♀ When person has escaped from prison or confinement

INVALID WARRANTLESS ARRESTS

♀ Where officer had no personal knowledge of the commission of the crime but only obtained
information from an informer and the suspect was not doing anything unlawful when arrested.
♀ Where there was sufficient time to apply for a warrant after receipt of the information on the
commission of the crime.
♀ Where the officer did not know the specific crime being committed by the person although the latter
was acting suspiciously.
♀ Where officer was merely suspicious that person was engaged in a felonious enterprise and arrested
him only to find out.
♀ Where the officer merely relied on hearsay information that the source of the marijuana or other item,
was the suspect.
♀ Where police did not have personal knowledge but only so-called “reliable information.”
♀ Where the person has not executed an overt act that he has just committed, is actually committing or
is attempting to commit a crime or even if there was an overt act, it was not done in the presence or
within the view of the arresting officer.
♀ Where there was a lapse of five days within which the police could have conducted surveillance and
applied for warrant.

When to make an arrest?

♀ Any day and at any time of day or night (although you need to have a good reason if you arrest at
night or on a weekend)
Duties of the arresting officer:
♀ At the time of the arrest, with or without warrant, it shall be the duty of the arresting officer to inform
the person arrested of the reason for the arrest, in the dialect or language known to him.
♀ 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.
♀ A person arrested without a warrant shall be immediately brought to the proper police station for
investigation without unnecessary delay, and within the time prescribed in Article 125 of the Revised
Penal Code, as amended (i.e., 12, 18, or 36 hours, as the case may be), shall be subjected to inquest
proceedings under Section 7, Rule 112 of the 2000 Rules of Criminal Procedure.
♀ 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 (incommunicado) or other forms of detention is prohibited.
♀ Person arrested shall not be subjected to greater restraint than is necessary for his detention
♀ Within 10 days, arresting officer must make a report to judge who issued warrant

Detention periods allowed by law from time taken into custody:

◄ 12 HOURS-OFFENSES PENALIZED BY ARRESTO MENOR
◄ 18 HOURS-OFFENSES PENALIZED BY PRISION CORRECIONAL OR ARRESTO MAYOR
◄ 36 HOURS-OFFENSES PENALIZED BY RECLUSION PERPETUA or TEMPORAL, PRISION
MAYOR, DEATH: (Murder; homicide; intentional mutilation; serious physical injuries; Rape, etc.)

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INTERVIEW and INTERROGATION TECHNIQUES

INTERVIEW Defined:
 is the questioning of a person believed to possess knowledge that is of official interest to the
investigator.

Basic Assumptions:
◄ NOBODY HAS TO TALK TO LAW ENFORCERS.
◄ NO LAW COMPELS A PERSON TO TALK TO THE POLICE IF HE DOES NOT WANT
TO.
◄ THEREFORE, PEOPLE WILL HAVE TO BE PERSUADED, ALWAYS WITHIN LEGAL
AND ETHICAL LIMITS, TO TALK TO LAW ENFORCERS.

Safeguard in Questioning a Woman:

♀ When a person or young girl is being interrogated, it is wise enough to have third person, preferably
another woman preferably a lawyer.
♀ Such third person does not enter into the interrogation but is merely present as an observer to
preclude any unjust accusations against the interrogator.
♀ Better still, that the third person is a counsel of the subject.

Safeguarding in Questioning a Hostile Witness:

♀ A hostile witness or suspect should not be questioned in his own home or in surrounding familiar to
him, where the feels secure and is more apt to take a defiant attitude.
♀ There is all the possibility that recording devices may be hidden on these premises.

Note: That the above safeguards are applicable only during interview or in the course of
interrogation, a counsel must be present or in case of a valid waiver, a relative must be
present.

THE THREE MAIN QUESTIONING TECHNIQUES:

1. Chronological Questioning
♀ This technique is considered the easiest and the interrogator is always almost sure of getting all the
information.
2. Going Backward
♀ This technique is the exact opposite of the chronological technique. The interrogator starts with the
last known act, and goes backward t the very idea of committing the crime.
3. General to Specific
♀ This technique is most often used within one of the above techniques. Hence, if the suspect is asked
of the embezzlement of the total amount (general), questions can be asked about details of
Component sums (specific)

Note: Of course, whatever technique is utilized, the idea is to cover the cardinal points in an
investigation, namely, What, Where, When, Who, Why and How.

INTERVIEW FORMAT:
 The interview of a witness can be described by the acronym IRONIC which stands for Identity,
Rapport, Opening Statement, Narration, Inquiry, and Conclusion.

Identity
♀ prior to the commencement of an interview, the investigator should identify himself to the witness by
name, rank and agency except when there is no need to know the Officer’s Identity.
Rapport
♀ it is good to get the positive feeling of the subject towards the investigator, such friendly atmosphere
is vital for both the subject and the investigator to have a better interaction.
Opening Statement
♀ the investigator must have to indicate why the subject is being contacted.
Narration
♀ the witness should be allowed to tell all he knows with little interruption from the investigator.
Inquiry
♀ after all information has been given by the subject that is the time for the investigator to ask question
to clarify him about the case under investigation.
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Conclusion
♀ after the interview, it is but proper to close the interview with utmost courtesy and thanking the
subject for his cooperation.

CARDINAL POINTS OF INVESTIGATION

♀ In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of
investigation, namely:
♂ what specific offense has been committed;
♂ how the offense was committed;
♂ who committed it;
♂ where the offense was committed;
♂ when it was committed; and
♂ why it was committed.

FORMS OF SWORN STATEMENT

1) Question and Answer (Q & A) (sworn statement pattern)
2) Narrative Form (Affidavit Pattern)
♂ Language known to, and understood by, the complainant and witnesses.
♂ Make sure you use the victim/complainant own language. Do not interpret it. Do not add to
it.

Note: The Question and Answer is more preferable than the Narrative type because it is easy to elicit
or develop the essential elements of the crime.

CONTENTS OF SWORN STATEMENT

1) Name, address, age and other personal circumstances of the offended party;
2) Name of the person taking the statement, place, date and time when the statement was taken;
3) Name, address, age and other personal circumstances of the offender;
4) The present whereabouts of the offender;
5) The physical description and identifying marks or features, if any, of the offender;
6) The relationship (to the offended party), if any, of each offender;
7) Place, date and time of offense;
8) Manner of commission of the offense;
9) Name and address, if known, of each witness;
10) Reference to and description of documentary and real evidence;
11) Prior attempts or threats;
12) Statements, including admissions, made by offender before, during or after commission of offense
13) Aggravating, modifying and qualifying circumstances such as relationship and minority;
14) Reason for delay in reporting crime, where appropriate;
15) Offer to compromise on part of offender, if any.
AND THE MOST IMPORTANT. . .
16) List down first all the elements of a crime and be sure to ask the offended party of the circumstances
basing on the elements of the crime committed.

CHARACTERISTICS OF AN EFFECTIVE INVESTIGATOR

1) Intellectual characteristics
♂ Investigator must know the elements of crime understand and be able to apply investigative
techniques and be able to work with many different types of people.
2) Psychological characteristics
♂ Effective investigators are emotionally well balance, detached, inquisitive, suspecting,
discerning, self-disciplined and persevering.
3) Physical characteristics
♂ Effective investigators are physically fit and have a good vision and hearing.

GUIDELINES

Aptitudes Required for Investigators (psychological attributes:

1) Intelligent (training, familiar with laws)
♂ Curious or inquisitive
♂ Observant and
♂ Patient
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 Note: he/she should not be gullible, below-average in intelligence and erratic in judgment.

2) Suspicious and incredulous (always conducts verification)

3) Has the capacity to remember things (minute detail of crimes, physical characteristics, description)
4) Unprejudiced mine (does not prejudge a case, fair and impartial, firm)
5) Magnetic personality (confident - cooperation)
6) Hardworking, sincere and interest and proud of his job
7) Optimism (should not be easily discouraged – believed “there is no perfect crime”)

These attributes are summarily put in a poetic way which is identified below:
♀ One should have the wisdom of Solomon
♀ The courage of David
♀ The physical strength of Samson
♀ The patience of Job
♀ The leadership qualities of Moses
♀ The friendliness and compassion of the Good Samaritan
♀ The strategy of Alexander
♀ The faith of Daniel
♀ The diplomacy of Lincoln and
♀ The tolerance of the carpenter of Nazareth

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
♂ Supply the maximum information and to understand how the crime was committed 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
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.
7) Statement/s of the Witnesses
♂ Sworn Statement of Affidavit of complainant/s and witnesses must be taken immediately by
the investigator.
♂ Affidavit of arrest of arresting officer must be taken immediately not later than 24 hours
8) Preparation of Reports and Filing of Charges
♂ Spot Report within 24 hrs. to Higher Headquarters
a) Progress Report
b) After Operation Report
c) Final report after the case is filed before the Prosecutor’s office or court
d) 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

Witness processing for Testimonial Evidence:

1) Initial Interview
♂ Interview of witness at the crime scene and conduct dying declaration of the victim if
necessary.
♂ Conduct of elicitation on the witnesses and suspects.
♂ Background check of both the victim and the suspect
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 2) Structured and Unstructured Interview (interrogation)
♂ Suspects are brought to station for interrogation
♂ Taking of admission/confession of the suspect in the presence on his counsel.
♂ Suspects are being inform of his Constitutional right or the Miranda Doctrine.
3) Taking of sworn statement
♂ Taking of the dying declaration of the victim at the crime scene or while being brought at the
hospital.
♂ Preparation of the affidavit of arrest of the responding police officer, complaint sheet, case
referral sheet and pieces of evidence.
♂ Preparation of other documentary requirements to be forwarded to other law enforcement
offices as a pre requisite for filing in court.

Requisites of dying declaration:

In order that a Dying Declaration may be admissible, the requisites must occur.
1) It must concern the crime involved in and the circumstances surround the declarant’s death;
2) At the time of the declaration, the declarant must be conscious of an impending death;
3) The declarant must be competent as a witness; and
4) The declaration must be offered in a criminal case, such as for Homicide, Murder or Parricide in
which the declarant was the victim.

Basic parts of a dying declaration:

A. The statement of the victim should be in a language understood or used by him and should contain
the following basic parts:

1) The title or identification of the statement containing the name and address of the affiant, the name of
the investigator as well as his rank, the witness/es, (if any) to the statement, information as to where
and when the statement was taken;
2) The crime/incident committed;
3) The name of the suspect/s and other personal circumstances, if possible;
4) The time, date and place of the commission of the crime/incident;
5) The motive of the incident;
6) The name and other personal circumstances of the victim;
7) The question - to support that he/she is telling the truth;
8) The gravity of the injuries he/she suffered or inflicted upon him/her;
9) The signatures of the affiant/victim and the witnesses (if any); and
10) The certification of the investigator.

SEARCH AND SEIZURE

SEARCH WARRANT
 It is an order in writing issued in the name of the People of the Philippines, signed by a Judge
directing a peace officer, commanding him to search for any property described therein and bring it
before the Court.

Note: Validity – ten (10) days from the date of the issuance.

When warrants NOT NECESSARY and evidence obtained is admissible?

1) Search incidental to a lawful arrest;
2) Search of a moving vehicle;
3) Search of vessel and aircraft for violation of immigration, customs and drug laws;
4) Stop and frisk operations;
5) Seizure of prohibited articles or evidence in plain view;
6) Search of automobile at borders or constructive borders;
7) When the accused himself waives his right against unreasonable searches and seizures or consented
searches; and
8) Search of building and premises to enforce fire, sanitary and building regulations.

VALID WARRANTLESS SEARCH

1) When the person lawfully arrested has in his person anything used in the commission of the crime, or
which may be used in evidence in the trial of the case.
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 2) After arrest, upon arrival at place of detention.
3) Search of moving vehicle where the officer has reasonable or probable cause to believe that he will
find the instrumentality or evidence of the crime in the vehicle.

WARRANTLESS SEARCH AND SEIZURE explained:

1) Plain view doctrine
♂ prohibited or clearly illegal articles may be taken without a warrant if they are open to the eye
and the officer came upon them inadvertently (in other words, he wasn’t looking for them)
2) Stop and frisk or stop and search principle
♂ where officer observed unusual conduct leading him to reasonably conclude that a criminal
activity is afoot and person is probably dangerous or armed. He has to identify himself and, if
nothing dispels his fear for his or other’s safety, he may conduct carefully limited search of
outer clothing of person to discover weapon.
3) Moving vehicle
♂ because it is not practicable to get a warrant as the vehicle can be moved quickly out of the
area or the jurisdiction in which warrant must be sought
4) Exclusionary Rule
♂ commands that evidence obtained through unreasonable search and seizure is excluded from
evidence.
5) Fruits of Poisonous Tree
♂ This Doctrine means that unlawful search taints not only the evidence obtained thereat but
also facts discovered by reason of said unlawful search.
6) Silver Platter Doctrine
♂ now an abandoned doctrine, it formerly allowed evidence obtained by police officer in an
illegal search and seizure to be used against the accused.
INVALID WARRANTLESS SEARCH: Examples
♀ Where the accused allowed members of the military to enter his premises, his consequent silence
cannot be construed as voluntary submission or an implied acquiescence to a warrantless search and
seizure when the raiding team members were intimidatingly numerous and heavily armed. (People v.
Compacion, 361 SCRA 540)
♀ Where the marijuana bricks were wrapped in newsprint, there is no apparent illegality to justify its
seizure, and the plain view doctrine can no longer provide any basis nor can it be used to extend a
general exploratory search from one object to another until something incriminating at last emerges.
(People v. Salanguit, 356 SCRA 683)

Contents of application for a search warrant:

♀ Facts must be within officer’s personal knowledge, not hearsay.
♀ Facts must be true and sufficiently definite.
♀ Facts should not have been merely reported by a person, although reliable, nor simply verified from
sources without showing how and when officer made verification.
♀ Description of place to be searched must be such that any officer enforcing the warrant can, with
reasonable effort, ascertain and identify the place and that there was prior knowledge of place.
♀ Items to be seized must be indicated to be the subject of an offense or stolen or embezzled property
and proceeds or fruits of offense.
♀ The articles must bear a direct relation to the offense for which the warrant is issued.
♀ The description of the property to be seized need not be technically accurate or precise.

Other documentary requirements:

♀ RE: SEARCH WARRANT
♀ RECEIPT – when property seized during search a detailed receipt must be given to the lawful
occupant of the premises searched; if there is no occupant, such receipt must be left in the premises in
the presence of two witnesses residing in the locality
♀ INVENTORY – true and verified
♀ RETURN – must be submitted to the court together with the property seized and the inventory
♀ EXPLANATION – if no return is made, an explanation why this is so must be submitted to the
court 

THE CRIME SCENE INVESTIGATION (CSI)

The REVISED POLICE OPERATIONAL PROCEDURES (POP) STATES. . . .

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 ♀ In areas where no SOCO team would be readily available, the Investigator should assume the
responsibilities of the scene of the crime operatives.

WHY????
♂ The successful investigation and prosecution of crimes require, in most cases, the collection,
preservation, and forensic analysis of evidence.
♂ Forensic analysis of evidence is often crucial to demonstrations of guilt or innocence.
♂ To obtain corroborative evidence
♂ If a death has occurred, to determine whether the cause of the injuries are compatible with
the environment where they supposedly occurred and as described by the doctors

REMEMBER!!!!
♂ MAKE SURE YOU GET A SEARCH WARRANT! And if you don’t get one, explain
why…
♂ THE CONTENTS OF THE WARRANT WILL DEPEND ON WHAT THE VICTIM OR
COMPLAINANT HAS DESCRIBED TO YOU THAT MAY BE FOUND AT THE
SCENE.

CRIME SCENE SEARCH

 A crime scene search is a planned, coordinated, and legal search by law enforcement officials to
locate physical evidence.

BASIC PREMISES:
♀ The best search is the most difficult and time-consuming.
♀ There is only one chance to search the scene properly.
♀ There are two search approaches:
a) A cautious search of visible areas
b) A vigorous search of concealed areas

PREPARATION:
♀ Obtain a search warrant, if necessary
♀ Discuss the search with involved personnel before arrival at the scene, if possible
♀ Establish a command headquarters for communication and decision making in major or complicated
crime scene searches
♀ Ensure that personnel are aware of the types of evidence usually encountered and the proper handling
of evidence
♀ Make preliminary personnel assignments before arrival at the scene, if possible
♀ Ensure that assignments are in keeping with the aptitude, training, and experience of personnel.
♀ Person in charge
a) Scene security
b) Administrative log
c) Preliminary survey
d) Narrative description
e) Problem resolution
f) Final decision making
♀ Photographer
a) Photography and log
♀ Sketch preparer
a) Sketch and log
♀ Evidence recorder
a) Evidence custodian and log
♀ Put together evidence collection and packaging materials and equipment
♀ Provide protective clothing, communication, lighting, shelter, transportation, equipment, food, water,
medical assistance, and security for personnel
♀ Long searches need team shifts.

ARRIVAL AT THE SCENE:

♀ Record exact time and date of arrival
♀ Record exact address of the scene
♀ Record general observations on the scene
♀ Determine the scope of initial investigation (protection of the scene, preliminary investigative results]
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 ♀ Log the names of persons involved at the scene investigation [police officers/law enforcement
personnel, ambulance/emergency personnel, family/friends of the victim, witnesses]
♀ If ambulance personnel were present PRIOR to the scene investigation, record their names and the
procedures they did.
♀ Observe and record scene alterations, if any were made by emergency personnel

SECURE AND PROTECT:

♀ Take control of the scene immediately
♀ Obtain information from the first responder as to its original condition
♀ Designate one person in charge for final decision making and problem resolution
♀ Keep out unauthorized personnel
♀ Record who enters and leaves

BASIC PRINCIPLES OF CSI……

♀ Do not touch, change or alter anything at the scene until properly sketch, measured and
photographed (full documentation is accomplished).
♀ (MAC Rules) – mutilate, alter, contaminate
♀ Scene control
♀ Determine scope of the scene
♀ Take preliminary photographs

♀ Identify and establish the perimeters and secure the scene by isolation (ropes, barriers, etc) and
through police guards.
♀ Do not let anybody in – not even the mayor or the president of the country.
♀ Only authorized personnel involved in the official investigation should be allowed entry
♀ Do not use any facility such as telephones, toilet, appliances, etc at the scene – record their condition
only.

WHO SHOULD BE AT THE SCENE?

1) The head investigator
2) The interviewer
3) A person who knows forensics
4) A scene manager/controller
5) Exhibits officer

SCENE PROCESSING:
◄ OBSERVE, DESCRIBE AND RECORD
♀ Document through photographs, sketches, measurements and descriptions
♀ Do not conduct a search of the scene until the documentation and procedures such as dusting for
prints are completed
♀ Do not add markings [like chalk] until original scene photos are taken
♀ Formulate the search method by considering the theory of the investigation and the size of the area to
be searched

PRELIMINARY SURVEY:
♀ Cautiously walk through the scene
♀ Maintain administrative and emotional control
♀ Select a narrative technique (written, audio, video)
♀ Take preliminary photographs
♀ Identify and protect easily contaminated/destroyed physical evidence
♀ Develop a general theory of the crime
♀ Take extensive notes to document the scene, physical and environmental conditions, and personnel
movements

EVALUATE EVIDENCE POSSIBLITIES

♀ Focus first on evidence that could be lost.
♀ Ensure all personnel consider the variety of evidence
♀ Search the easily accessible areas and progress to concealed location

NARRATIVE
♀ Nothing is insignificant to record if it catches your attention
♀ Use photos and sketches to supplement, not substitute for the narrative
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PHOTOGRAPHS
♀ Take photos of suspect, if at the scene; witnesses, crowd around the scene, bystanders
♀ If body is at the scene, take general, full body and close-up views; more shots after removal
♀ Eliminate extraneous objects from shots [e.g. pointing finger of a policeman]
◄ Note: From “the general to the specific”
◄ One can never take too many photographs

FOR A BODY OF A PERSON

◄ Full body or general
◄ Half body or medium
◄ Close up or specific

♀ Photograph the crime scene and prepare a photographic log that records all photographs and a
description and a location of evidence
♀ Establish a progression of overall, medium, and close-up views of the crime scene
♀ Photograph from eye level to represent the normal view
FOR SCENE OR LOCATION
◄ Over-all shot
◄ Medium shot
◄ Close up shot

♀ Photograph the most fragile areas of the scene first

♀ Photograph all stages of the investigation, including discoveries
♀ Photograph the condition of the evidence before recovery
♀ Photograph the evidence in detail and include a scale, the photographer’s initials, and the date
♀ When a scale is used, first take a photograph without the scale
♀ Photograph the crime scene in an overall and overlapping series using a wide-angle lens
♀ Photograph the exterior crime scene, include a landmark
♀ Photograph entrances and exits
♀ Photograph important evidence twice: medium distance and close up

SKETCH
♀ This establishes a permanent record of items, distance and size
♀ It supplements photographs
♀ Sketch number designations should coordinate with evidence log number designations

Scene sketch:
◄ Make a simple line drawing of the scene
◄ Identify sketcher and assistant, note time and date of sketch, exact address of the place
◄ Indicate location of the compass north, scale used to depict measurements/distance, and
legend to identify objects at the scene as depicted in the sketch.

♀ A sketch should include:

◄ Dimensions of rooms, furniture, doors, and windows
◄ Distances between objects, entrances and exits
◄ Measurements showing the location of evidence: e.g. from immovable items like doors.
◄ Key legend, orientation, scale

CRIME SCENE SEARCH, RECORD, AND PHYSICAL EVIDENCE COLLECTION

♀ Use a search pattern
1) Strip
2) Grid
3) Spiral
4) Wheel
5) Zone
♀ From general to the specific
♀ Search entrances and exits
♀ Photograph all items before collection
♀ Complete the evidence log with notations for each item of evidence.
♀ Two persons should observe evidence in place during recovery, and being marked for identification.
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 ♀ Wear gloves
♀ Do not excessively handle evidence
♀ Seal all evidence packages at the scene
♀ Obtain fibre samples from floor, beddings, carpets, etc
♀ Constantly check paperwork, packaging, and other information for errors.

Real or Physical Evidence:

♀ Weapons used
♀ Blood
♀ Semen
♀ Vagina fluid
♀ Saliva
♀ Fibres
♀ Hair
♀ Fingerprints
♀ Drugs
♀ Documents
♀ Computer analysis
♀ Video tapes/CDs/VCDs/DVDs
“These are evidence that can take almost any form”

Physical evidence
♀ Prints, fiber, body hair, etc. – can show that the victim or perpetrator was in a certain location
a) i.e. bedroom, car
♀ Sexual aids and toys
a) Vibrators, lubricants, condoms
b) Pornographic materials
c) Instruments of the crime - sexual paraphernalia? Pattern? Look for it.
♀ Writings and/or records
a) Diary’s or notes, Sketch
b) Receipts or other papers that show victim’s statement is correct
♀ Other physical evidence
a) Clothing – suspects garments may lead to his identification when described by the victim
b) Physical marks
c) Victim’s description of the place

What constitutes useful evidence?

◄ The body
a) Objects on or with the body
b) Injuries
c) Tissues/fluid samples
d) Other medical findings
◄ Computers
a) If it is off, leave it off.
b) If it is on, leave it on.
c) Take the whole appliance out for analysis by an expert.

The Value of Physical Evidence:

1) Physical evidence can prove that a crime has been committed or establish key elements.
Example – In an alleged rape, the victim’s torn clothing proved non-consent
2) Physical evidence can place the suspect in contact with the victim or with the crime scene.
Example – In the crime of rape, cat hair was found in the trouser of the suspect, which the suspect
could not explain. The victim owns and is fond of cats.
3) Physical evidence can establish the identity of persons associated with the crime
Example – The presence of surgical gloves at the crime scene which fitted the hands of the
suspect
4) Physical evidence can exonerate the innocent
Example – An allegation by rape victim that she has drugged but when a physician examined her
blood and urine specimens found to be negative.
5) Physical evidence can corroborate the victim’s testimony.
Example – Victim said the suspect tried to rape her by threatening her with a knife. When she put
up a fight, her hand was injured. The jacket of the suspect had blood in it. When it was
17
 brought to the crime laboratory and compared with the blood of the victim, they found
it to come from the victim.
6) A suspect confronted with physical evidence may make admission or even confession.
Example – A cow was stolen and butchered. The suspect’s shirt was tainted with blood which
when examined and tested found to be blood of bovine like a cow.
7) Physical evidence is more reliable than eyewitness to crime
Example – Handwriting of a suspect found to be similar to a letter found on a crime scene.
8) Physical evidence has become more important because cause of recent court decision.
Example – Our courts has limited the authority of the police to rely on statement and confession
made by the accused due to Miranda doctrine.
9) The absence of Physical evidence may provide useful information or stop defense argument at the
time of trial.
Example – The victim claims that his house was robbed but there is no evidence of entry.

ASSOCIATIVE EVIDENCE and TRACE EVIDENCE, Distinguished:

ASSOCIATIVE EVIDENCE
 is one which can easily be seen like shell, knife; while
TRACE EVIDENCE
 is called microscopic evidence like hairs, fibers, glass fragments.

PROTECTING THE SCENE:

♂ As soon as possible after arriving at the scene. The officer should take steps to protect the scene from
curiosity seekers and family members. Sometimes some ingenuity may have to be used since
sufficient personnel may not be available to accomplish this.
♂ Containment of the crime scene is necessary and the police officer can use a rope, boards, pieces of
furniture or anything which can circle or contain the area.
♂ The reason is to prevent the contamination of the physical evidence and trace evidence.

CORROBORATIVE EVIDENCE
 Other medical evidence
a. Statements of doctor
b. Present and past medical records
 Specialized medical exam:
a. Findings might reveal evidence of crime

Note: The wounds would reveal what kind of weapons used and the extent of injuries sustained.
Whether same is committed by one or more persons

MARKING AND TAGGING OF EVIDENCE, Distinguished:

♂ Markings of evidence shall be done at the time the evidence is discovered by the police investigator.
It is done by placing his initial in appropriate part of the evidence;
♂ Tagging evidence is done after it is packaged.
♂ Tagging of evidence establishes the chain.

WITNESSES
♂ A. Saw victim/perpetrator in places or actions that confirm victim statement.
♂ B. Witnesses to the acts.
♂ C. Witnesses to prior consistent statements by victim or admissions by perpetrator.

DISCLOSURE
♂ A. To whom
♂ B. When
♂ C. How
♂ D. Why

CHAIN OF CUSTODY
 this reflects the movement of evidence from the point of origin to its final disposition
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RELEASE OF THE CRIME SCENE:
♂ Release the crime scene after the final survey
♂ Crime scene release document should include the time and date of release, to whom released, and by
whom released
♂ Ensure that evidence is collected according to legal requirements, documented, and marked for
identification
CLASSIFICATION OF POLICE REPORTS

A. In Broad Terms
1. Informal Report
 Usually a letter or memorandum or any of many prescribed or based in day to day operations.
2. Formal Report
 Suggest a full dress treatment – cover, title, page, letter or transmittal summary sheet, text
conclusion and recommendations and other supplementary materials like appendixes, index
and bibliography.

B. Based on the Purpose of the Report

1. Performance Report
 Contains information as to status of an activity or operations.
2. Fact Finding Report
 Involves the gathering and presentation of data in logical order, without an attempt to draw
conclusions.
3. Technical Report
 Which presents data on specialized subject
4. Problems Determining Report
 Which attempt to find the causes underlying a problem or find whether or not a problem
really exists.
5. Problems Solution Report
 Analyses the thought process that lies behind the solution of a particular problem.

C. Based on Police Purpose

1. Operational Report
 Includes those relating to police incidents, investigation, arrest, identification of persons, and
a mass of miscellaneous reports necessary to the conduct of routine police operations.
2. Internal Business Report
 Related to the reporting necessary to the management of his agency and include financial
reports, personnel reports, purchase reports, equipment reports, property maintenance reports,
and general correspondence.
3. Technical Report
 Present data on any specialized subject, but usually relate to completed staff work to the
specific knowledge necessary to proper functioning of Police Management.
4. Summary Report
 Furnish intelligence information necessary to the solution of crime, incident and police
administrative problems

According to Karen M. Hess, Ph.D.

5. Administrative Report
 Deal with the routine functioning of the department or agency, proper uniform reporting
procedure and grievance
6. Operational Report
 Deals with the activities of law enforcement officers. They are:
a) Patrol Service Reports
b) Arrest Reports
c) Preliminary Investigation Reports
d) Supplemental Progress Report (FOLLOW – UP REPORT)

Steps in Police Report Writing:

1. Gather the facts.
2. Record on the facts.
3. Organize the facts.
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 a) Setting: When? (time & date of occurrence)
b) Character: Who? (people involved: victim, suspect, witness)
c) Action: 1. What?(nature of crime) 2. Why? (motive) 3. How? (modus operandi)
4. Write the report
5. Evaluate the report
a) Editing
b) Proofreading

WHAT ARE THE 5W’S AND 1H IN POLICE REPORT WRITING?

◄ These six interrogatives (HOW, WHAT, WHERE, WHEN, WHY, HOW) can be helpful guide to
report writers especially beginners. Each of this can be subdivided into the following:

WHO?
 This pertains to some information regarding the victims, suspect, witness, owners and property.

WHAT?
 This question considered the following factors:
a) Type of property attached e.g. buildings, residents, alley, vacant lot, etc.
b) Type of property stolen, lost or found. What items related to the crime were found at the scene
an accurate description of all such property stolen, lost or found? An accurate description of
all such property should be entered in the notes.
c) Offense committed, e.g. “Armed Robbery”, “Serious Physical Injuries”.

WHERE?
 This question is concerned with the geographical location of the crime scene, property or evidence.

WHEN?
 This question includes the data and the time when the offense was committed: property found,
suspect apprehend?

HOW?
 This question refers to the general manner in which the crime was committed.

WHY?
 Under this reading is listed the subject or desire which motivated the offense.

◄ Generally, the WHO, WHEN, and WHERE will appear at the beginning of the report. The reader need to
know the person involved, the time and the incident happened, and the location at which it took place.
What happened is usually unfolded to the WHAT? The WHY may belong before or after the WHAT,
depending on the situation. Six questions cover the essential typical reports.

ABC Principles of Report Writing

1. Accuracy 2. Brevity 3. Clarity/ Clearness 4. Form and style

1. ACCURACY
♂ must be based on factual information, exactness and non-commission of errors.

2. BREVITY
♂ include only relevant details and exclude all other matters that has no bearing in the investigation.

3. CLARITY / CLEARNESS
♂ must be in simple language and direct to the point by the following a logical sequence in the order in
which they occur.

COMPLETENESS
♂ include all available facts in answer to the 5W’s and 1H.
FAIRNESS
♂ the investigator should take the facts as he finds them if ever he had theories, it must be consisted
with these facts.

4. FORM and STYLE

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 ♂ the arrangement of the materials should be in manner which will make the report easy to read. Form
includes proper paragraphing, proper underscoring, proper capitalization and proper heading.
The report should be written clearly and concisely in simple, direct standard English. It should be
written in third person, the investigator referring to himself as “this Investigator”.

WHAT ARE THE QUALITIES OF A GOOD POLICE REPORT WRITING?

1) The report should be factual.
2) The report should be clear.
3) The report should be relevant.
4) The report should be brief.
5) The report should be complete.
6) The report should be up to date.
7) The report should be accurate.
8) The report should be objective.
9) The report should be fair.
Entries in the Police Blotter
1) Violation of laws and ordinances reported and recorded
2) All calls in which any member of the PNP is dispatched or takes official action
3) All fire alarms, report and information received by the stations
4) Movements of prisoners with corresponding notations on the authority for such movements
5) Cases of missing and found persons, animals and property
6) Vehicular and other types of accidents which require police action
7) All personal injuries, bodies found, suicides
8) Damage to property
9) All cases in which a police member is involved
10) All arrests and returns made
11) Miscellaneous cases, general and special orders, violations of rules and regulations
12) Any other reportable incident that the substation, station commander, or higher authority desires to be
recorded.

Procedures For Making Entries In Police Blotter

1) All entries shall be handwritten in a clear, concise, and simple manner but must answer as far as
practicable, the 5W’s and 1H.
2) Only facts are entered in the blotter.
3) No erasures shall be made on the entries.
4) A ball pen or pen with blue, black or blue-black ink is used for making the entries.
5) A misrepresentation in the blotter or any attempt to suppress any information is punishable criminally
and administratively.
6) All entries must be legibly written in longhand and numbered consecutively.
7) Every page of the blotter shall be consecutively and chronologically filled in. No line or space shall
be left blank between any two entries.
8) Any development of the case to be reflected in the blotter should be a new entry at the time and day it
was reported. A reference to the previous entry number of the case, however should be made.
9) During every shift, the Duty Sergeant, under the supervision of the Duty Officer or Complaint Desk
Officer, shall make the actual entries on the blotter and at the end of their tour of duty; both the Duty
Sergeant and Duty Complaint Desk Officer shall sign the blotter.

Whose Units Are Required To Maintain Police Blotters?

1) Every Police Station or sub-station shall maintain a Police Blotter.
2) All PNP operating units or divisions in the Metropolitan Police District, in addition to the stations and
sub-stations shall likewise maintain a separate blotter.

Who Will Be Responsible In Supplying The Police Blotters?

1) General Headquarters, PNP shall supply Police blotters to each PNP unit, station or sub-station who
shall reflect the same on their property books as accountable items.
2) The PNP unit commanders shall be responsible for the proper maintenance, use, safekeeping and
accounting of the police blotters.
3) Pending procurement and issuance of police blotters by GHQ PNP, police forces shall continue to use
the present blotter, provided, the forms and rules shall be followed.
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